Shiva: Difference between revisions

# If a company has to pay its workers (contracted per month or year) even if the company closes it would be considered a loss if the company closed when the owner was in aveilut. Therefore, the workers can continue to work even if the owner is in aveilut.<ref>Aruch Hashulchan 380:6, Gesher Hachaim 1:21:3:2, Chazon Ovadia (Aveilut v. 2 p. 146). See Chazon Ovadia for his discussion of the opinion of the Chida who was strict and the proofs from others including the Nodeh Beyehuda that it is considered a loss.</ref>

# If a shochet is an avel and there is no other shochet available in the town he can work during aveilut since his activity is ochel nefesh.<ref>The Mordechai (Moed Katan no. 929) writes that cooking is permitted for an avel since it is permitted on Yom Tov. The Darkei Moseh 380:5 learns from the Mordechai that anything which is permitted on Yom Tov is permitted for an avel (which follows from the source of working during aveilut being that we compare aveilut and yom tov in Moed Katan 15b). Therefore, Rav Ovadia in Chazon Ovadia (Aveilut v. 2 p. 141) holds that it is permitted for a shochet to do shechita during aveilut if there's no one else available in town. He quotes that Rabbi Akiva Eiger (Drush Vchidush p. 107b) also said this. Gesher Hachaim 1:21:3:2 is also lenient. See, however, the Gilyon Maharsha 380:15 who quotes the Shvut Yakov 3:86 as holding that it is forbidden because of work and the Mahara Klosner who held that it is forbidden because he might not do a proper shechita because of his sorrow. </ref>

# If a person contracted someone for a specific job for a fixed cost and not paid for time, and then became an avel, that hired person can continue to work even though his employer is in aveilut. But he can only do the job outside the house of the mourner.<ref>Shulchan Aruch YD 380:18, Gesher Hachaim 1:21:3:5</ref>

# The mourner may not work. He can get someone else to do his work for him.<ref>Rama YD 380:16. Even though the Shach 380:17 disagrees with the reasoning of the Levush for the Rama, Gesher Hachaim 1:21:3:4 follows the Levush. The Shach would only permit it if there is a loss to the employer. </ref>

# If a partner in a company is an avel, the entire company has to close. The other partners who aren't in aveilut can work in their own houses in private unless it'll become known that the work is being done for the business at the time.<ref>Shulchan Aruch YD 380:21, Chazon Ovadia (Aveilut v. 2 p. 152). The Gesher Hachaim 1:21:5:7 writes that the minhag is to reopen the company after 3 days of aveilut. See Pitchei Teshuva 380:4 about a sale of the business to the other partners during shiva.</ref>

# If a partner in the company dies the partnership is undone and the other partner can work. This doesn't only apply if there are no inheritors of the deceased who will mourn him but even if the deceased has a child inheriting them and mourning them the other partner can work when the child is an avel since halachically the original partnership has been disbanded.<ref>Gesher Hachaim 1:21:5:10</ref>

# If before the relative dies a person sells the business to another person or to his partner then the business can stay open during aveilut. If the person already became an avel, in extenuating circumstances, he can sell the business to his partner or someone else during aninut.<ref>Gesher Hachaim 1:21:5:14</ref>