Second Day of Yom Tov: Difference between revisions
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* The Rabbenu Tam (Tosfot Beitzah 6a s.v. veha’idna) held that it is forbidden to have Jews do a funeral on Yom Tov sheni since the conclusion of the gemara was that it shouldn’t be done because of a concern of a certain evil nation. Tosfot argues that nowadays that reason doesn’t apply and as such the prohibition doesn’t apply either. Rosh (Beitzah 1:5) agrees with Tosfot. | * The Rabbenu Tam (Tosfot Beitzah 6a s.v. veha’idna) held that it is forbidden to have Jews do a funeral on Yom Tov sheni since the conclusion of the gemara was that it shouldn’t be done because of a concern of a certain evil nation. Tosfot argues that nowadays that reason doesn’t apply and as such the prohibition doesn’t apply either. Rosh (Beitzah 1:5) agrees with Tosfot. | ||
* Shulchan Aruch 526:1 rules that it is permitted to do a funeral on the first day of Yom Tov by non-Jews even if the corpse won’t rot. Biur Halacha s.v. veafilu argues that not only is it permitted to do the funeral but it is obligatory since in general it is forbidden to delay a funeral. It is based on the Shulchan Aruch 526:2 who says that it is forbidden to delay a funeral from the first day of Yom Tov to the second day because it is delaying a funeral. | * Shulchan Aruch 526:1 rules that it is permitted to do a funeral on the first day of Yom Tov by non-Jews even if the corpse won’t rot. Biur Halacha s.v. veafilu argues that not only is it permitted to do the funeral but it is obligatory since in general it is forbidden to delay a funeral. It is based on the Shulchan Aruch 526:2 who says that it is forbidden to delay a funeral from the first day of Yom Tov to the second day because it is delaying a funeral. | ||
* Chelkat Yakov 192 shows from numerous sources that it is permitted to delay the funeral to avoid chilul yom tov sheni, such as if people will drive to the funeral. One proof is that it is beneficial to violate a small aveirah in order to save someone else from a greater sin and delaying a burial is more lenient in that if it is for his honor it is permitted and chilul yom tov sheni is more serious since the rabbis treated it like a | * Chelkat Yakov 192 shows from numerous sources that it is permitted to delay the funeral to avoid chilul yom tov sheni, such as if people will drive to the funeral. One proof is that it is beneficial to violate a small aveirah in order to save someone else from a greater sin and delaying a burial is more lenient in that if it is for his honor it is permitted and chilul yom tov sheni is more serious since the rabbis treated it like a biblical day of Yom Tov. Additionally it would for the honor of the dead person to delay the funeral so that there’s no desecration of Yom Tov. Finally, he says that it is an explicit gemara Shabbat 139a that it is permitted to delay a funeral on Yom Tov sheni to avoid a desecration of Yom Tov sheni. | ||
* Rav Moshe Feinstein (Igrot Moshe OC 3:76) agrees based on Tosfot b”k 81a s.v. omer that it is a honor to the dead person to delay the funeral to avoid desecration of Yom Tov sheni such as people driving or making calls to relatives to come to the funeral. </ref> | * Rav Moshe Feinstein (Igrot Moshe OC 3:76) agrees based on Tosfot b”k 81a s.v. omer that it is a honor to the dead person to delay the funeral to avoid desecration of Yom Tov sheni such as people driving or making calls to relatives to come to the funeral. </ref> | ||
