Onen

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Exemption from Mitzvot

  1. An onen is exempt from all mitzvot.[1]
  2. An onen is exempt from all brachot including Brachot HaNehenin. [2]
  3. 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 [3]

A Mourner Wearing Tefillin

  1. A mourner is exempt from Tefillin the first day of Aveilut[4] even if the first day of aveilut is the day of the burial and not the day of the death. [5]

Sources

  1. ↑ Gemara Moed Katan 23b, Rambam (Hilchot Avel 4:6), Mishna Brurah 71:4
  2. ↑ 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.
  3. ↑ 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.
  4. ↑
    • The Gemara (Ketubot 6b, Sukkah 25a, Moed Katan 16a) states that a mourner is exempt from wearing Tefillin since Hashem commanded Yechezkel to abstain from wearing Tefillin when he was mourning his wife and by implication we learn that a regular mourner doesn't wear Tefillin. For how long does this apply? The Gemara (Moed Katan 21a) cites a dispute between Rabbi Eliezer and Rabbi Yehoshua whether it applies for 2 or 3 days. The Rif (Moed Katan 13a), Rambam (Avel 4:9), Rosh (3:37), and Tur and S"A OC 38:5 hold like Rabbi Yehoshua who says that the mourner is exempt the first two days.
    • Regarding the second day according to Rabbi Yehoshua and the third day according to Rabbi Eliezer, Rashi explains that only a mourner is only exempt for a fraction of the day based on the concept of Miksat HaYom KeKulo (part of the day is like a complete day). Tosfot 21a, Rosh (Moed Katan 3:37), Raavad (cited by Ramban Torat HaAdam Inyan HaAveilut n. 67), and Ran (Sukkah 25a) agree that a portion of the day needs to be observed in mourning without tefillin, before the mourner may wear tefillin. The Rosh holds that one only needs to wait until a bit after Netz HaChama and the Raavad says one needs to wait until the minyan with those comforting the mourner. However, Ramban (Torat HaAdam, Inyan HaAveilut n. 67) writes that according to the Rif (Moed Katan 13a) and Rambam (Avel 4:9) one can wear the Tefillin on the second day without waiting at all. The S"A 38:5 seems to hold like the Ramban.
  5. ↑ Taz 38:5
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