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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> | ||
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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> | ||
