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An "onen" is a person whose immediate relative has died and is yet to be buried.<ref>This term is used several times in Chazal, and is derived from the pasuk in Devarim 26:14. Brachos 18b refers to a person "dead is lying before him," and this appears to be the same category as one who would be described as an "onen," although the equivalence of these two phrases is not necessarily absolute.</ref> The state of being an onen is called "aninus". | |||
==Upon Whom and When Does Aninus Apply== | |||
# A person is an "onen" from the time that he hears of the death of any one of his seven relatives, until the time of burial. These seven relatives are: one's (1) father, (2) mother, (3) son, (4) daughter, (5) sister, (6) brother, and (7) spouse.<ref> | |||
# The common practice is that even someone whose relative that has passed away is in a different city, or another relative is taking care of the burial needs, is still considered an "onen".<ref>Rabbeinu Tam, as quoted in Tosfos Brachos 18b and Rosh Brachos 3:3, did not consider himself to be an onen when his married sister died, either because his sister's husband would take care of the burial, or, as explained by the Bach Yoreh Deah 341:4 (and Shach Y.D. 341:5) explains, because he was in a different city. Either way, the Rosh there and Shulchan Aruch (Y.D. 341:1) writes that this opinion was not accepted.</ref> However, not all agree with this view.<ref>See Shach Y.D. 341:4</ref> | |||
# Nowadays most communities have specific people who deal with the meis and the burial, such as a "Chevra Kadisha," and so the immediate relatives of the deceased do not take care of the burial directly.<ref>This is the generally understood meaning of 'כתפים' in Yerushalmi Brachos 3:1, cf. Moed Katan 22a</ref> Although some have stated that this custom frees the relatives from their status as onenim,<ref>Shulchan Aruch 341:3 based on Tosfos Brachos 18b, Tur Y.D. 375 quoting Behag, Toras HaAdam (Chavel ed.) p. 70, Chochmas Adam Klal 153:3</ref> others believe that a relative is only free from being an onen if he does not accompany the meis to the burial.<Noda Biyhudah Tinyana Y.D 211 cited in Pischei Teshuvah 341:1, cf. Hagahos Maimoni Hil. Eivel 3:6.</ref> While some communities follow the first view, most believe that a person is still an onen nowadays when a Chevra Kadisha takes care of the meis.<ref>Aruch Hashulchan 341:20-23 writes that this must be the case, considering that the Shulchan Aruch paskens (341:1) that even a relative who is in a faraway city and will not be involved in the burial is still an onen. Rather, the Gemara is referring to those who have followed the meis until a certain point, and then return home while the meis is sent to be buried.</ref> | |||
# One who only accompanies the meis only until a certain point, but not all the way to the burial, is no longer an onen once they leave the meis.<ref>Shulchan Aruch Y.D. 375:2, Hashulchan Y.D. 341:21-22. Although the Aruch Hashulchan in 324:23 indicates that this is only true if the meis will be traveling for at least a two-day's journey, see Minchas Shelomo 91:25. See there also regarding a relative who will not be with the meis at all the entire time</ref> | |||
==Exemption from Mitzvot== | ==Exemption from Mitzvot== | ||
# An onen is exempt from all mitzvot.<ref>Gemara Moed Katan 23b, Rambam (Hilchot Avel 4:6), Mishna Brurah 71:4</ref> | # An onen is exempt from all mitzvot.<ref>Gemara Moed Katan 23b, Rambam (Hilchot Avel 4:6), Mishna Brurah 71:4</ref> | ||
# An onen is exempt from all [[brachot]] including [[Brachot]] HaNehenin. <ref>The Rash MeShantz (Mishna Damai 1:4 s.v. UMazminin Alav) implies that an onen is obligated to say [[brachot]] for himself but may not exempt others, but this is not how Rashi (SOURCE) explains the mishna. The Mishna Brurah 71:4 writes that an onen is exempt from all [[brachot]].</ref> | # An onen is exempt from all [[brachot]] including [[Brachot]] HaNehenin. <ref>The Rash MeShantz (Mishna Damai 1:4 s.v. UMazminin Alav) implies that an onen is obligated to say [[brachot]] for himself but may not exempt others, but this is not how Rashi (SOURCE) explains the mishna. The Mishna Brurah 71:4 writes that an onen is exempt from all [[brachot]].</ref> | ||
# An onen is permitted to wear his tallit kattan as usual, but should not make a bracha on it.<ref>Minchas Shelomo 1:91:25</ref> | |||
# A person who became a mourner after the time for [[Shacharit]] or [[Mincha]] began and didn’t yet pray, some say he’s obligated to make [[Tashlumin]] and some argue <ref> Mishna Brurah 71, Magen Giborim and Derech HaChaim hold that a person is chayav, while the 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> | # A person who became a mourner after the time for [[Shacharit]] or [[Mincha]] began and didn’t yet pray, some say he’s obligated to make [[Tashlumin]] and some argue <ref> Mishna Brurah 71, Magen Giborim and Derech HaChaim hold that a person is chayav, while the 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> | ||
==A Mourner Wearing Tefillin== | ==A Mourner Wearing Tefillin== | ||
# A mourner is exempt from Tefillin the first day of Aveilut<ref> | # A mourner is exempt from Tefillin the first day of Aveilut<ref> | ||
