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Onen: Difference between revisions
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→Making Up Mitzvot After Aninut
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# Some say that a person who became an onen after the time for [[Shacharit]] or [[Mincha]] began and didn’t yet pray is obligated to pray a [[Tashlumin]]<ref> Mishna Brurah 71, Magen Giborim and Derech HaChaim</ref> although some argue.<ref>Yad Efrayim (Aninut 29), Birkei Yosef 341:17, Chachmat Shlomo 71, and Sh”t Shevet HaLevi 6:11 hold that one is exempt from [[Tashlumin]].</ref> | # Some say that a person who became an onen after the time for [[Shacharit]] or [[Mincha]] began and didn’t yet pray is obligated to pray a [[Tashlumin]]<ref> Mishna Brurah 71, Magen Giborim and Derech HaChaim</ref> although some argue.<ref>Yad Efrayim (Aninut 29), Birkei Yosef 341:17, Chachmat Shlomo 71, and Sh”t Shevet HaLevi 6:11 hold that one is exempt from [[Tashlumin]].</ref> | ||
===Making Up Mitzvot After Aninut=== | ===Making Up Mitzvot After Aninut=== | ||
# If a person's relative died on Shabbat he shouldn't recite Havdalah on Motzei Shabbat as long as he's an Onen and after he is no longer an Onen when he finishes the burial he should say Havdalah as long as it is before Tuesday night.<ref> The Rosh Brachot 3:2 quotes the Rabbenu Yehuda who held that if a relative died on Shabbat then he's exempt from Havdalah on Motzei Shabbat and even after he's no longer an Onen he doesn't recite Havdalah since he missed the primary time which is Motzei Shabbat night. However, the Maharam argues that since Havdalah can be said all Sunday and even until Tuesday then as long as he's not an Onen before Tuesday he can recite Havdalah afterwards. Shulchan Aruch 341 adopts the opinion of the Maharam. Mishna Brurah 71:10 agrees.</ref> Even though he didn't recite Havdalah he can still eat<ref>Maharam in Rosh Brachot 3:2, Shulchan Aruch YD 341:2, Mishna Brurah 71:10</ref> and do work. Some say that he should say Baruch Hamavdil Ben Kodesh Lchol before doing work.<Ref>Shemirat Shabbat Kehilchata 64:26 cited by Dirshu 71:25</ref> | |||
# If a person's relative died on Shabbat he shouldn't recite Arvit on Motzei Shabbat as long as he's an Onen and if he completes the burial Sunday morning he doesn't recite Tashlumin for Arvit since at the time he was totally exempt from Arvit.<ref>Based on Rosh Brachot 3:2 both Rabbenu Yehuda and Maharam hold that if you miss the primary time for the mitzvah there's no tashlumin since an Onen is completely not obligated in the mitzvah at all. Shulchan Aruch YD 341:2 writes that someone who was an Onen on Shabbat and missed Arvit doesn't have Tashlumin on Sunday morning.</ref> | |||
# If a person's relative died at night and he didn't yet daven Arvit then in the morning if after the burial there's still time for Shacharit some poskim hold that the person should say Tashlumin for Arvit since he was originally obligated in that Tefillah even though later he wasn't capable of fulfilling that mitzvah.<ref>Pitchei Teshuva 341:18 quotes the Eshel Avraham OC 71:1 and Dagul Mirvavah YD 341:2 who hold that once a person was obligated in a certain Tefillah even if he becomes an Onen for the end of that time period he can recite Tashlumin on that Tefillah. He also quotes the Bet Dovid OC 42 who argues that he doesn't have tashlumin even in such a case.</ref> | |||
# If a person was an onen until after the first four hours of the day, according to Ashkenazim, he may not recite birchot hashachar besides birchot hatorah, shelo asani goy, shelo asani eved, and shelo asani isha.<ref>Mishna Brurah 71:1</ref> According to Sephardim he can still recite birchot hashachar.<ref>Chazon Ovadia (Aveilut v. 1 p. 138)</ref> | # If a person was an onen until after the first four hours of the day, according to Ashkenazim, he may not recite birchot hashachar besides birchot hatorah, shelo asani goy, shelo asani eved, and shelo asani isha.<ref>Mishna Brurah 71:1</ref> According to Sephardim he can still recite birchot hashachar.<ref>Chazon Ovadia (Aveilut v. 1 p. 138)</ref> | ||
===Particular Mitzvot=== | ===Particular Mitzvot=== | ||
# An onen is exempt from positive mitzvot but can't violate any negative mitzvot. There is a discussion about the fact that an onen can not violate prohibitions, whether that applies to all prohibitions stated as negative commandments or only ones which are avoided passively.<ref>Chazon Ovadia (Aveilut v. 1 p. 148) quotes the following discussion. The Hagahot Ittim Lbinah (p. 197) posits that the onen is can not violate prohibitions which are avoided passively but not prohibitions which would require activity. The basic reason for this position is because chazal wanted to exempt an onen from mitzvot in order to free him up in order to respectfully bury the relative. Therefore, they exempted him from any mitzvah-related activity but still required him to passively fulfill mitzvot. Aruch Hashulchan 341 agrees. However, the Peni Mabin YD 2:253 argues that certainly an onen is obligated in all negative commandments even if that would require an activity. For example, he concludes that an onen must get rid of his chametz before pesach since owning chametz is a negative commandment. See the talk page for a longer discussion of this topic.</ref> Examples that would spawn from this question include: eating outside the sukkah, eating without netilat yadayim, eating before havdalah, eating without a bracha, and not getting rid of one's chametz. | # An onen is exempt from positive mitzvot but can't violate any negative mitzvot. There is a discussion about the fact that an onen can not violate prohibitions, whether that applies to all prohibitions stated as negative commandments or only ones which are avoided passively.<ref>Chazon Ovadia (Aveilut v. 1 p. 148) quotes the following discussion. The Hagahot Ittim Lbinah (p. 197) posits that the onen is can not violate prohibitions which are avoided passively but not prohibitions which would require activity. The basic reason for this position is because chazal wanted to exempt an onen from mitzvot in order to free him up in order to respectfully bury the relative. Therefore, they exempted him from any mitzvah-related activity but still required him to passively fulfill mitzvot. Aruch Hashulchan 341 agrees. However, the Peni Mabin YD 2:253 argues that certainly an onen is obligated in all negative commandments even if that would require an activity. For example, he concludes that an onen must get rid of his chametz before pesach since owning chametz is a negative commandment. See the talk page for a longer discussion of this topic.</ref> Examples that would spawn from this question include: eating outside the sukkah, eating without netilat yadayim, eating before havdalah, eating without a bracha, and not getting rid of one's chametz. | ||
