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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.</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 biblical mitzvah of Kriyat Shema.</ref> | ||
==Practices of the Onen== | ==Practices of the Onen== | ||
# There is a dispute regarding whether or not the onen also has the restrictions of an [[Shiva|Avel]], namely, if the onen may sit on a chair, wash, greet people, etc. Many poskim are strict.<ref>The Tosfot Moed Katan 23b s.v. v'eino is in doubt whether the practices of aveilut apply to an onen. Rambam (Avel 1:2) writes that none of the practices of aveilut begin until after the burial. The Rambam proves this from the fact that Dovid Hamelech bathed immediately after his son died. The Ramban (Torat Haadam Inyan Haaveilut 59 s.v. btashmish) argues that the practices of aveilut begin when he is an onen and Dovid was difficult since he was a king or because he was doing so just so that he wouldn't be very dirty. The Ramban learns that the prohibitions of aveilut for an onen. He proves it from the fact that the onen is forbidden to eat meat and wine so too he must be forbidden to bathe, anoint, cut his hair, and be involved in a joyous occasion. He is only exempt from not wearing leather shoes so that he's involved in the burial and this would slow him down. Tur 341:5 quotes this as a dispute between the Ramban, Ritz Geyitz, and Tosfot against the Ramban and Rabbenu Peretz. Rama Y.D. 341:5 quotes that some hold that bathing, anointing, joyous activities, greeting, cutting hair, and work are forbidden. | # There is a dispute regarding whether or not the onen also has the restrictions of an [[Shiva|Avel]], namely, if the onen may sit on a chair, wash, greet people, etc. Many poskim are strict.<ref>The Tosfot Moed Katan 23b s.v. v'eino is in doubt whether the practices of aveilut apply to an onen. Rambam (Avel 1:2) writes that none of the practices of aveilut begin until after the burial. The Rambam proves this from the fact that Dovid Hamelech bathed immediately after his son died. The Ramban (Torat Haadam Inyan Haaveilut 59 s.v. btashmish) argues that the practices of aveilut begin when he is an onen and Dovid was difficult since he was a king or because he was doing so just so that he wouldn't be very dirty. The Ramban learns that the prohibitions of aveilut for an onen. He proves it from the fact that the onen is forbidden to eat meat and wine so too he must be forbidden to bathe, anoint, cut his hair, and be involved in a joyous occasion. He is only exempt from not wearing leather shoes so that he's involved in the burial and this would slow him down. Tur 341:5 quotes this as a dispute between the Ramban, Ritz Geyitz, and Tosfot against the Ramban and Rabbenu Peretz. Rama Y.D. 341:5 quotes that some hold that bathing, anointing, joyous activities, greeting, cutting hair, and work are forbidden. | ||
* Sh"t Chasam Sofer Y.D. 2:324 explains that Shulchan Aruch and Rama never quote the lenient opinion of the Rambam and are therefore strict. Chazon Ovadia (Aveilut v. 1 pp. 153-6) agrees except in cases of great need. Aruch Hashulchan Y.D. 341:23-28 insists that the opinion of the Shulchan Aruch is actually to permit these behaviors. </ref> | * Sh"t Chasam Sofer Y.D. 2:324 explains that Shulchan Aruch and Rama never quote the lenient opinion of the Rambam and are therefore strict. Chazon Ovadia (Aveilut v. 1 pp. 153-6) agrees except in cases of great need. Aruch Hashulchan Y.D. 341:23-28 insists that the opinion of the Shulchan Aruch is actually to permit these behaviors. </ref> | ||
# An onen is prohibited from eating meat or drinking wine.<ref>ibid. Aruch Hashulchan 341:9 writes that other drinks, and a food cooked with meat, are both permitted to the onen- however, the onen should not eat unnecessary snacks and the like.</ref> | # An onen is prohibited from eating meat or drinking wine.<ref>ibid. Aruch Hashulchan 341:9 writes that other drinks, and a food cooked with meat, are both permitted to the onen- however, the onen should not eat unnecessary snacks and the like.</ref> | ||
# Most say that tashimish hamitah is prohibited for an onen, and that is the custom.<ref>Although Tur Y.D. 341 quotes the Ritz Gayes as permitting, the Gemara indicates that it is prohibited, and that is how Ramban and the Baalei HaTosafos quote, and is implied to be the psak of the Rama in Y.D. 341:5</ref> | # Most say that tashimish hamitah is prohibited for an onen, and that is the custom.<ref>Although Tur Y.D. 341 quotes the Ritz Gayes as permitting, the Gemara indicates that it is prohibited, and that is how Ramban and the Baalei HaTosafos quote, and is implied to be the psak of the Rama in Y.D. 341:5</ref> | ||
===Practices while Watching the Corpse=== | |||
# The onen is not permitted to eat in the same room as the meis, but if it is impossible to move to another room, he should at least put up a partition, or at the very least turn away, so as not to eat in front of the meis.<ref>Brachos 18a, Rashi there explains that doing so would be לועג לרש. Shulchan Aruch Y.D. 341:1, Aruch Hashulchan 341:7 notes that this is the halacha even on Shabbos. The Gemara there also writes that the onen should not recline while eating.</ref> | |||
# While a person is guarding the corpse he is exempt from other mitzvot that he can't fulfill because [[Oseh Bmitzvah]].<ref>Shach 341:18</ref> If there are two guards they should switch off saying Shema and the like.<ref>Shulchan Aruch Y.D. 341:6</ref> | |||
==Exemption from Mitzvot== | ==Exemption from Mitzvot== | ||
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# If a person became an onen for the entire duration of a certain tefillah is he exempt from that tefillah altogether and isn't obligated to say any tashlumin. It isn't like someone who forgot to daven and can say tashlumin since the onen was totally exempt.<Ref>Shulchan Aruch Y.D. 341:2</ref> | # If a person became an onen for the entire duration of a certain tefillah is he exempt from that tefillah altogether and isn't obligated to say any tashlumin. It isn't like someone who forgot to daven and can say tashlumin since the onen was totally exempt.<Ref>Shulchan Aruch Y.D. 341:2</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> | # 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 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 agrees. Dagul Mirvavah YD 341:2 who hold that once a person was obligated in Arvit even if he becomes an Onen for the end of that time period he can recite Tashlumin on that Tefillah since he was obligated at one point. He just quotes the Eshel Avraham OC 71:1 who quotes the Bet Dovid OC 42 regarding someone who became an onen in the middle of the afternoon perhaps the obligation of mincha only applies at the last moment of the day and as such there's no tashlumin for such a person.</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. | ||
## 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> | ||
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* (a) Since an onen is exempt from all mitzvot it follows that he doesn’t have to eat in the sukkah. However, the Pri Megadim E"A 640:10 isn’t sure about this since the onen can’t violate prohibitions and it would be a prohibition to eat outside the sukkah. The Bikkurei Yakov 640:19 argues that eating outside of a Sukkah is considered passively not fulfilling the mitzvah of sukkah. Mishna Brurah 640:31 quotes this dispute and doesn't resolve it. Rav Ovadia Yosef (Chazon Ovadia Aveilut v. 1 p. 145) quotes Rav Avraham Min Hahar as a proof for the Bikkurei Yakov. | * (a) Since an onen is exempt from all mitzvot it follows that he doesn’t have to eat in the sukkah. However, the Pri Megadim E"A 640:10 isn’t sure about this since the onen can’t violate prohibitions and it would be a prohibition to eat outside the sukkah. The Bikkurei Yakov 640:19 argues that eating outside of a Sukkah is considered passively not fulfilling the mitzvah of sukkah. Mishna Brurah 640:31 quotes this dispute and doesn't resolve it. Rav Ovadia Yosef (Chazon Ovadia Aveilut v. 1 p. 145) quotes Rav Avraham Min Hahar as a proof for the Bikkurei Yakov. | ||
* (b) As related argument, Rav Ovadia mentions that sometimes the prohibition is only to strengthen the mitzvah. Ramban kiddushin 34a writes that maakeh and hashavat aveidah have lavin but those are only to strengthen the aseh. If so, the same can be said about not eating outside of the sukkah.</ref> | * (b) As related argument, Rav Ovadia mentions that sometimes the prohibition is only to strengthen the mitzvah. Ramban kiddushin 34a writes that maakeh and hashavat aveidah have lavin but those are only to strengthen the aseh. If so, the same can be said about not eating outside of the sukkah.</ref> | ||
#Many poskim hold that an onen is exempt from the mitzvah of bedikat chametz and instead should appoint someone else to do bedika for him.<ref>The [https://www.hebrewbooks.org/pdfpager.aspx?req=45970&st=&pgnum=11 Bet Yehuda 5 s.v. vagav] holds that the onen is exempt from the bedikat chametz while he's an onen since it is like most mitzvot that an onen is exempt from. Chazon Ovadia Aveilut v. 1 p. 180 agrees and also cites the Birkei Yosef YD 341:9 and Yagal Yakov OC 7:2 who agree. However, see the Mor Ukesiah 431:1 argues that there is no concept of osek bmitzvah regarding bedika since it could lead to potentially coming to eat it on Pesach. Fnt. to Mor Ukesiah explains that likely he doesn't really mean the concept of Osek Bmitzvah since he's discussing learning Torah, rather he means that someone who's profession is to learn is nonetheless not exempt from bedika.</ref> If the burial will not be before Yom Tov or the onen will not have any time to remove his chametz before Pesach and he can't get someone else to do it, most poskim hold that he is obligated to removed his chametz before Pesach even while he is an onen.<ref> | |||
Pri Megadim (Peticha Hakolelet 2:28 and M"Z 480:1) writes that an onen is exempt from destroying his chametz. Shomrei Mitzvah ch. 11 fnt. 1 p. 124 questions this since osek bmitzvah doesn't exempt a person from the mitzvah of tashbitu (see further). He ends up explaining that the Pri Megadim could accept the Aruch Lner that only rabbinically osek bmitzvah doesn't apply and for the honor of the dead the rabbinic prohibition is waived. Shomrei Mitzvah writes that the Hagahot Rabbi Akiva Eiger 448 cites this Pri Megadim. | |||
Osek Bmitzvah regarding biur chametz: | |||
* The Mishna Pesachim 49a states that if someone is going to do a mitzvah and has chametz if he has to choose between destroying his chametz or doing the mitzvah he should do bitul chametz and continue to do the mitzvah. In the afternoon when bitul chametz isn't possible, Maharam Chalavah, Meiri, Michtam, and Magen Avraham all hold that one should destroy one's chametz and not do the mitzvah. Why isn't osek bmitzvah relevant to continue to do the mitzvah? [https://www.hebrewbooks.org/pdfpager.aspx?req=20961&st=&pgnum=20 Olot Shlomo Zevachim 19a s.v. pturin] answers that since not destroying one's chametz is a prohibition osek bmitzvah isn't relevant. Shomrei Mitzvah ch. 11 fnt. 1 questions this assumption that there is baal yiraeh on the afternoon of the 14th, which is the opinion of Rashi (Pesachim 4a s.v. ben) but most rishonim hold that it isn't the case (Raavad Chametz Umatzah 3:8, Maggid Mishna there in Rambam). | |||
* Regarding the mishna itself the Aruch Lener Sukkah 25a s.v. tos s.v. sheluchei wonders why if there's time to destroy one's chametz and do the mitzvah should interrupt one's mitzvah in order to destroy one's chametz. According to Tosfot since it is possible to destroy the chametz and return to the mitzvah one should do that. However, according to the Or Zaruah (Hagahot Ashri Sukkah 2:6) that someone traveling to do a mitzvah is exempt from another mitzvah even if it is possible to do the other one and return to this one, the question is valid. The Aruch Lner answers that in fact osek bmitzvah is relevant, however, the rabbis did not let him rely on the concept of osek bmitzvah since it is possible that he will come to eat chametz on Pesach because of this decision. Shomrei Mitzvah notes that this concepts seems to be rabbinic. | |||
* In summary, according to the Olot Shlomo osek bmitzvah is irrelevant to tashbitu, while according to the Aruch Lner potentially it is.</ref> | |||
# It is permitted for an onen to say tehillim for elevating the neshama of the deceased.<ref>Tzitz Eliezer (Ramat Rachel 5:46)</ref> | # It is permitted for an onen to say tehillim for elevating the neshama of the deceased.<ref>Tzitz Eliezer (Ramat Rachel 5:46)</ref> | ||
==Aninus on Shabbos or Yom Tov== | ==Aninus on Shabbos or Yom Tov== | ||
# The generally accepted pesak is that there is no aninus on Shabbos or Yom Tov,<ref>Shulchan Aruch Y.D. 341:1 based upon the Rosh</ref> and so an onen still performs all the usual mitzvos and brachos, including going to shul, on Shabbos or Yom Tov.<ref>Against what is written in the Yerushalmi Brachos 3:1. The Shulchan Aruch paskens that this is true if the onen is not doing anything at all to get ready for the burial on Shabbos or Yom Tov. If the onen is preparing for the burial on Shabbos or Yom Tov in a manner that is permitted, then the Shulchan Aruch writes that such a person would be a full onen even on Shabbos. Regarding Yom Tov Sheni of the diaspora, see Igros Moshe O.C. 3:76 who insists that today burials should not be performed on Yom Tov Sheni even by non-Jews.</ref> | # The generally accepted pesak is that there is no aninus on Shabbos or Yom Tov,<ref>Shulchan Aruch Y.D. 341:1 based upon the Rosh</ref> and so an onen still performs all the usual mitzvos and brachos, including going to shul, on Shabbos or Yom Tov.<ref>Against what is written in the Yerushalmi Brachos 3:1. The Shulchan Aruch paskens that this is true if the onen is not doing anything at all to get ready for the burial on Shabbos or Yom Tov. If the onen is preparing for the burial on Shabbos or Yom Tov in a manner that is permitted, then the Shulchan Aruch writes that such a person would be a full onen even on Shabbos. Regarding Yom Tov Sheni of the diaspora, see Igros Moshe O.C. 3:76 who insists that today burials should not be performed on Yom Tov Sheni even by non-Jews.</ref> | ||
# On Shabbos, therefore, the onen is permitted (but not necessarily obligated)<ref>Rama Y.D. 341:1 and Shach 341:7 indicate that there is no obligation to eat meat or drink wine on Shabbos for anyone. However, based upon the Shulchan Aruch O.C. 242:1 and 250:2, the Badei Hashulchan 341:41 believes that someone who can afford to eat meat on Shabbos must do so, and this includes an onen. [Perhaps, because an onen is in a state of mental distress and might be uncomfortable eating meat, he can be described as השעה דחוקה לו as discussed in Shulchan Aruch O.C. 242:2, which would permit him to forgo eating meat on Shabbos]</ref> to eat meat and drink wine. On Yom Tov, however, according to many poskim an onen is obligated eat meat and drink wine.<ref>Pitchei Teshuva Y.D. 341:13 citing the [ | # On Shabbos, therefore, the onen is permitted (but not necessarily obligated)<ref>Rama Y.D. 341:1 and Shach 341:7 indicate that there is no obligation to eat meat or drink wine on Shabbos for anyone. However, based upon the Shulchan Aruch O.C. 242:1 and 250:2, the Badei Hashulchan 341:41 believes that someone who can afford to eat meat on Shabbos must do so, and this includes an onen. [Perhaps, because an onen is in a state of mental distress and might be uncomfortable eating meat, he can be described as השעה דחוקה לו as discussed in Shulchan Aruch O.C. 242:2, which would permit him to forgo eating meat on Shabbos]</ref> to eat meat and drink wine. On Yom Tov, however, according to many poskim an onen is obligated eat meat and drink wine.<ref>Pitchei Teshuva Y.D. 341:13 citing the [http://www.hebrewbooks.org/pdfpager.aspx?req=746&st=&pgnum=394 Shav Hakohen 95]. cf. Shaarei Teshuvah 241:13. See Orach Chaim 696:7 regarding one whose relative died on Purim.</ref> | ||
# However, tashmish hamittah is prohibited for the onen even on Shabbos or Yom Tov.<ref>Moed Kattan 18a. Rabbeinu Yonah (on Rif Brachos 10b) writes that this is because it shows an excessive sense of frivolity, and Ramban (Torah HaAdam pg. 73 in Chavel edition) writes that the reason is because of כבוד המת, one must still show deference to the deceased.</ref> | # However, tashmish hamittah is prohibited for the onen even on Shabbos or Yom Tov.<ref>Moed Kattan 18a. Rabbeinu Yonah (on Rif Brachos 10b) writes that this is because it shows an excessive sense of frivolity, and Ramban (Torah HaAdam pg. 73 in Chavel edition) writes that the reason is because of כבוד המת, one must still show deference to the deceased.</ref> | ||
# Poskim dispute whether an onen is permitted to study Torah on Shabbos<ref>Dagul Mervavah to Magen Avraham O.C. 548:8 believes that it is permitted, but Rebbi Akiva Eiger to Y.D. 341:1 writes that it is prohibited. Badei Hashulchan 399:15 writes that it is permitted for an onen to study Torah on Yom Tov but not on Shabbos, like an avel.</ref> can be called to the Torah<ref>Rebbi Akiva Eiger to Y.D. 241:1 writes that because the Shulchan Aruch paskens in Y.D. 400:1 that an avel is prohibited from learning Torah on Shabbos, an avel and onen should therefore not be given an aliyah. </ref> or, if he is a kohen, perform [[Birkat Cohanim]].<ref>Mishnah Berurah O.C. 128:148 writes that ideally he should not perform birkat Kohanim, but if he was called up to do so, there is a dispute whether or not he should.</ref> | # Poskim dispute whether an onen is permitted to study Torah on Shabbos<ref>Dagul Mervavah to Magen Avraham O.C. 548:8 believes that it is permitted, but Rebbi Akiva Eiger to Y.D. 341:1 writes that it is prohibited. Badei Hashulchan 399:15 writes that it is permitted for an onen to study Torah on Yom Tov but not on Shabbos, like an avel.</ref> can be called to the Torah<ref>Rebbi Akiva Eiger to Y.D. 241:1 writes that because the Shulchan Aruch paskens in Y.D. 400:1 that an avel is prohibited from learning Torah on Shabbos, an avel and onen should therefore not be given an aliyah. </ref> or, if he is a kohen, perform [[Birkat Cohanim]].<ref>Mishnah Berurah O.C. 128:148 writes that ideally he should not perform birkat Kohanim, but if he was called up to do so, there is a dispute whether or not he should.</ref> | ||
