Onen: Difference between revisions
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# The relatives of someone who died in captivity do not practice aninus at all, and not aveilus until the burial (or until the relatives give up hope of having a burial).<ref>Tosfos Brachos 18a, Rambam Hilchos Avel 1:3, Shulchan Aruch Y.D. 341:4, Shach 341:15</ref> However, many believe that this was only the case if the captors wouldn't release the body until ransom negotiations were made, but today, if the meis is being held for medical or legal reasons, aninus does apply right away, because one can be sure that the meis will be returned to the family eventually.<ref>Noda BiYhudah Tinyanana Y.D. 211, Aruch Hashulchan 341:18</ref> | # The relatives of someone who died in captivity do not practice aninus at all, and not aveilus until the burial (or until the relatives give up hope of having a burial).<ref>Tosfos Brachos 18a, Rambam Hilchos Avel 1:3, Shulchan Aruch Y.D. 341:4, Shach 341:15</ref> However, many believe that this was only the case if the captors wouldn't release the body until ransom negotiations were made, but today, if the meis is being held for medical or legal reasons, aninus does apply right away, because one can be sure that the meis will be returned to the family eventually.<ref>Noda BiYhudah Tinyanana Y.D. 211, Aruch Hashulchan 341:18</ref> | ||
# Aninus applies equally to men and women.<ref> Yalkut Yosef Kitzur S"A OC 71:1</ref> However, a child who is an onen can still recite keriat shema or tefilla, and he can eat meat or drink wine.<Ref> Yalkut Yosef Kitzur S"A OC 71:13 </ref> | # Aninus applies equally to men and women.<ref> Yalkut Yosef Kitzur S"A OC 71:1</ref> However, a child who is an onen can still recite keriat shema or tefilla, and he can eat meat or drink wine.<Ref> Yalkut Yosef Kitzur S"A OC 71:13 </ref> | ||
# If a person is in the middle of saying Shema, Shemona Esrei or Birkat Hamazon when he finds out that a relative for whom he would be in aveilut it is permissible to complete the mitzvah and only afterwards does the Aninut begin.<Ref>The Shvut Yakov 1:7 writes that if a person becomes an avel while doing a mitzvah it is permissible to continue and finish the mitzvah since doing mitzvah when one is an onen is only a rabbinic prohibition. Since it is only a rabbinic prohibition it is permissible to continue since the Tosfot Yoma 13a (s.v. heneh) understands the gemara as saying that it is permissible to complete a mitzvah that one started when it was permitted even though in the middle he became a mourner. The Pitchei Teshuva 341:6 quotes this. Chazon Ovadia (Aveilut v. 1 p. 130) supports this opinion because of the concept of osek bmitzvah patur min hamitzvah, besides the opinions of Rashi and Rambam that it is permissible to optionally fulfill mitzvot when one is an onen. Whether osek bmitzvah applies even to a rabbinic mitzvah such as tefillah is a long discussion in Kovetz Haarot 69. Rav Ovadia cites rishonim hold that there is osek bmitzvah even on derabbanan's including Rav Avraham Min Hahar regarding going to be mekabel peni rabo to exempt from sukkah. However, Pri Megadim E"A 72:4 and Biur Halacha 72:4 seem to hold that osek bmitzvah for a mitzvah derabbanan of Nichum Aveilim doesn't exempt from a | # If a person is in the middle of saying Shema, Shemona Esrei or Birkat Hamazon when he finds out that a relative for whom he would be in aveilut it is permissible to complete the mitzvah and only afterwards does the Aninut begin.<Ref>The Shvut Yakov 1:7 writes that if a person becomes an avel while doing a mitzvah it is permissible to continue and finish the mitzvah since doing mitzvah when one is an onen is only a rabbinic prohibition. Since it is only a rabbinic prohibition it is permissible to continue since the Tosfot Yoma 13a (s.v. heneh) understands the gemara as saying that it is permissible to complete a mitzvah that one started when it was permitted even though in the middle he became a mourner. The Pitchei Teshuva 341:6 quotes this. Chazon Ovadia (Aveilut v. 1 p. 130) supports this opinion because of the concept of osek bmitzvah patur min hamitzvah, besides the opinions of Rashi and Rambam that it is permissible to optionally fulfill mitzvot when one is an onen. Whether osek bmitzvah applies even to a rabbinic mitzvah such as tefillah is a long discussion in Kovetz Haarot 69. Rav Ovadia cites rishonim hold that there is osek bmitzvah even on derabbanan's including Rav Avraham Min Hahar regarding going to be mekabel peni rabo to exempt from sukkah. However, Pri Megadim E"A 72:4 and Biur Halacha 72:4 seem to hold that osek bmitzvah for a mitzvah derabbanan of Nichum Aveilim doesn't exempt from a biblical mitzvah of Kriyat Shema.</ref> | ||
==Practices of the Onen== | ==Practices of the Onen== | ||
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## An opposite discussion about the onen's exemption from positive mitzvot would ponder whether an onen is exempt from all positive commandments or only the ones which involve an activity. For example, according to some poskim, an onen doesn't need to remove his tzitzit since he is merely fulfilling the mitzvah passively and mentally.<ref>Yalkut Yosef (Aveilut ch. 7 fnt. 44) quotes Minchat Shlomo 1:91:25:3 as saying that since continuing to wear tzitzit doesn't involve any activity it is just a frame of mind, that wouldn't constitute a deficiency in the respect to the relative who passed away and if so there is no prohibition to fulfill the mitzvah of tzitzit passively as an onen by leaving tzitzit on.</ref> | ## An opposite discussion about the onen's exemption from positive mitzvot would ponder whether an onen is exempt from all positive commandments or only the ones which involve an activity. For example, according to some poskim, an onen doesn't need to remove his tzitzit since he is merely fulfilling the mitzvah passively and mentally.<ref>Yalkut Yosef (Aveilut ch. 7 fnt. 44) quotes Minchat Shlomo 1:91:25:3 as saying that since continuing to wear tzitzit doesn't involve any activity it is just a frame of mind, that wouldn't constitute a deficiency in the respect to the relative who passed away and if so there is no prohibition to fulfill the mitzvah of tzitzit passively as an onen by leaving tzitzit on.</ref> | ||
# A onen who wants to eat bread shouldn't recite hamotzei but should wash netilat yadayim without a bracha and it is proper to also wash mayim achronim.<ref> The Gemara Brachot 17b establishes that an onen doesn't recite any bracha. Rashi explains that it includes hamotzei. Chazon Ovadia (Aveilut v. 1 p. 143) quotes many achronim who follow the opinion of rashi. | # A onen who wants to eat bread shouldn't recite hamotzei but should wash netilat yadayim without a bracha and it is proper to also wash mayim achronim.<ref> The Gemara Brachot 17b establishes that an onen doesn't recite any bracha. Rashi explains that it includes hamotzei. Chazon Ovadia (Aveilut v. 1 p. 143) quotes many achronim who follow the opinion of rashi. | ||
* Birkei Yosef 341:5 writes that the onen must wash netilat yadayim since it isn't just a mitzvah, it is an establishment of the rabbis that it is forbidden to eat bread without washing. Just like an onen may not violate any | * Birkei Yosef 341:5 writes that the onen must wash netilat yadayim since it isn't just a mitzvah, it is an establishment of the rabbis that it is forbidden to eat bread without washing. Just like an onen may not violate any biblical prohibition he can't violate any rabbinic prohibition either. The Shevet Yehuda 341:6 disagrees. Firstly, he argues, netilat yadayim is fundamentally a mitzvah and secondly, chazal exempted an onen from actively doing mitzvot, even though there's a prohibition to eat without netilat yadayim since it is considered passive not to wash before eating bread he is exempt. Shulchan Gavoha 341:11 agrees. Chazon Ovadia (Aveilut v. 1 p. 143) agrees with the Birkei Yosef. | ||
* Pitchei Teshuva 341:4 quotes the Chamudei Doniel that an onen should wash netilat yadayim and mayim achronim. Chazon Ovadia (v. | * Pitchei Teshuva 341:4 quotes the Chamudei Doniel that an onen should wash netilat yadayim and mayim achronim. Chazon Ovadia (v. | ||
1 p. 149) cites a dispute about this and concludes that it is proper to wash mayim achronim.</ref> | 1 p. 149) cites a dispute about this and concludes that it is proper to wash mayim achronim.</ref> | ||
