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# A relative who is not accompanying the meis to the place of burial begins the aveilus from the time that (s)he turns away from the meis,<ref>Moed Kattan 22a.</ref>  as long as the burial is far enough that those relatives will certainly not make it to the burial.<ref>Shulchan Aruch Y.D. 375:2. Ramban (Toras HaAdam pg. 162, based on Rambam Avel 1:5) writes that this is only the case if the meis is being brought to a faraway city, and according to the Dagul Merevavah to Shach 375:1 is how the Shulchan Aruch paskens. However, the Behag (as quoted by Ramban, ibid.) appears to pasken that the relatives begin aveilus from the time that they turn away regardless of where the burial will be, and the Shulchan Aruch quotes this Behag in Y.D. 399:14. According to the Dagul Merevavah and Chachmas Adam (Matzeves Moshe 9), if the burial occurs in the same city, but a relative turns away from the procession and will certainly not return, such as on erev Yom Tov, this too would be enough to start aveilus.</ref> However, if the burial is being done in the city's cemetery, the aneinus ends without the aveilus beginning until those who were busy with the burial return<ref>Ramabn Toras HaAdam pg. 163, Shulchan Aruch Y.D. 375:2 as interpreted by Aruch Hashulchan 375:8 and paskened by Igros Moshe Y.D. 1:253 and Badei Hashulchan 375:11. However, Radbaz Sh"T 4:63 understands that even according to Ramban, once night falls, or once the relatives can be certain that the burial has occurred, they begin aveilus even if the burial occurred within their city despite not being present at the burial itself. See also Minchas Shelomo 1:91:25 regarding contemporary situations. In some situations, if the head of the family does not accompany the meis to the burial, then even the relatives who have stayed behind begin aveilus only after the burial. See Tosfos Moed Kattan 22a, Shulchan Aruch Y.D. 375:2</ref>
# A relative who is not accompanying the meis to the place of burial begins the aveilus from the time that (s)he turns away from the meis,<ref>Moed Kattan 22a.</ref>  as long as the burial is far enough that those relatives will certainly not make it to the burial.<ref>Shulchan Aruch Y.D. 375:2. Ramban (Toras HaAdam pg. 162, based on Rambam Avel 1:5) writes that this is only the case if the meis is being brought to a faraway city, and according to the Dagul Merevavah to Shach 375:1 is how the Shulchan Aruch paskens. However, the Behag (as quoted by Ramban, ibid.) appears to pasken that the relatives begin aveilus from the time that they turn away regardless of where the burial will be, and the Shulchan Aruch quotes this Behag in Y.D. 399:14. According to the Dagul Merevavah and Chachmas Adam (Matzeves Moshe 9), if the burial occurs in the same city, but a relative turns away from the procession and will certainly not return, such as on erev Yom Tov, this too would be enough to start aveilus.</ref> However, if the burial is being done in the city's cemetery, the aneinus ends without the aveilus beginning until those who were busy with the burial return<ref>Ramabn Toras HaAdam pg. 163, Shulchan Aruch Y.D. 375:2 as interpreted by Aruch Hashulchan 375:8 and paskened by Igros Moshe Y.D. 1:253 and Badei Hashulchan 375:11. However, Radbaz Sh"T 4:63 understands that even according to Ramban, once night falls, or once the relatives can be certain that the burial has occurred, they begin aveilus even if the burial occurred within their city despite not being present at the burial itself. See also Minchas Shelomo 1:91:25 regarding contemporary situations. In some situations, if the head of the family does not accompany the meis to the burial, then even the relatives who have stayed behind begin aveilus only after the burial. See Tosfos Moed Kattan 22a, Shulchan Aruch Y.D. 375:2</ref>
===Completion of Shiva===
===Completion of Shiva===
# On the seventh day of the mourning after the comforters leave the mourner can get up and that completes the shiva as part of the seventh day is considered like the whole day.<ref>Tur and Shulchan Aruch 395:1. The Tur 395 cites a dispute if we apply the principle of a part of the day counts like the full day at night. The Bet Yosef quotes the Ramban who holds that it does count but the Tosfot, Rosh, and Maharam hold it doesn't count. Shulchan Aruch follows the Maharam.</ref>
# On the seventh day of the mourning after the comforters leave the mourner can get up and that completes the shiva as part of the seventh day is considered like the whole day.<ref>Tur and Shulchan Aruch Y.D. 395:1. The Tur 395 cites a dispute if we apply the principle of a part of the day counts like the full day at night. The Bet Yosef quotes the Ramban (Torat Haadam Shaar Haavel, Inyan Haavelut s.v. amar rav amram n. 82) who holds that it does count but the Tosfot, Rosh, and Maharam hold it doesn't count. Shulchan Aruch follows the Maharam.</ref>
# If someone dies on Sunday and the shiva is completed on Shabbat, private aveilut is observed on Shabbat until after Shacharit Shabbat morning.<ref>Taz 402:5, Shach 402:4</ref>
# If someone dies on Sunday and the shiva is completed on Shabbat, private aveilut is observed on Shabbat until after Shacharit Shabbat morning.<ref>Taz 402:5, Shach 402:4</ref>


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# learning Torah<ref>Gemara Moed Katan 15a forbids learning Torah when one is a mourner based on the pasuk in Yechezkel 24:17. This is codified in Shulchan Aruch 384:1</ref>
# learning Torah<ref>Gemara Moed Katan 15a forbids learning Torah when one is a mourner based on the pasuk in Yechezkel 24:17. This is codified in Shulchan Aruch 384:1</ref>
# greeting others<ref>Gemara Moed Katan 15a forbids greeting others when one is a mourner based on the pasuk in Yechezkel 24:17. This is codified in Shulchan Aruch 385:1</ref>
# greeting others<ref>Gemara Moed Katan 15a forbids greeting others when one is a mourner based on the pasuk in Yechezkel 24:17. This is codified in Shulchan Aruch 385:1</ref>
# Today, the custom is not to turn over the beds or wrap one's head.<ref>Gemara Moed Katan 15a based on Yechezkel 24:17, Shulchan Aruch YD 386:1</ref> The custom is for a mourner to sleep in a bed and not the floor.<ref>Kitzur Shulchan Aruch 211:1, [http://www.hebrewbooks.org/pdfpager.aspx?sits=1&req=31174&st=%u05DC%u05D9%u05E9%u05DF Gesher Hachaim 1:20:10]</ref>
# Today, the custom is not to turn over the beds or wrap one's head.<ref>Gemara Moed Katan 15a based on Yechezkel 24:17, Shulchan Aruch YD 386:1</ref> The custom is for a mourner to sleep in a bed and not the floor.<ref>Kitzur Shulchan Aruch 211:1, [http://www.hebrewbooks.org/pdfpager.aspx?sits=1&req=31174&st=%u05DC%u05D9%u05E9%u05DF Gesher Hachaim 1:20:10], Chazon Ovadia (Avelut v. 2 p. 255)</ref>
# laundering clothing and wearing freshly laundered clothing<ref>Gemara Moed Katan 15a based on Shmuel II 14:2, Shulchan Aruch YD 389:1</ref>
# laundering clothing and wearing freshly laundered clothing<ref>Gemara Moed Katan 15a based on Shmuel II 14:2, Shulchan Aruch YD 389:1</ref>
# haircutting and shaving<ref>Gemara Moed Katan 14b learned from the pasuk in Vayikra 10:6. This is codified in Shulchan Aruch YD 380:1</ref>
# haircutting and shaving<ref>Gemara Moed Katan 14b learned from the pasuk in Vayikra 10:6. This is codified in Shulchan Aruch YD 380:1</ref>
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# The Sephardic minhag is that the mourner during shiva specifically isn't the shaliach tzibur.<ref>Shulchan Aruch YD 384:3</ref>
# The Sephardic minhag is that the mourner during shiva specifically isn't the shaliach tzibur.<ref>Shulchan Aruch YD 384:3</ref>
# A child who is in mourning shouldn't be held up from his learning during shiva because there is no chinuch on Aveilut.<ref>Shulchan Aruch YD 384:5, Shach 384:5</ref>
# A child who is in mourning shouldn't be held up from his learning during shiva because there is no chinuch on Aveilut.<ref>Shulchan Aruch YD 384:5, Shach 384:5</ref>
# If a person's seventh day of Shiva is Shabbat, it is better to wait until the comforters leave and the shiva is complete to do shenayim mikra.<ref>Chazon Ovadia (Avelut v. 2 p. 206)</ref>
===Leaving the House===
===Leaving the House===
# During shiva it is forbidden for the mourner to leave the house even to go to shul during the week<ref>Although the Mahari Geyitz (cited by Tur 393:3) held that a mourner can leave his house to go to shul each day, the Raavad and Ramban (p. 217, cited by Bet Yosef 393:3) dispute his opinion. The Shulchan Aruch 393:4 follows the Ramban. Yet, he adds that the Sephardic minhag was to leave the house for kriyat hatorah on Monday and Thursday. Pitchei Teshuva 393:2 cites a dispute between the Chaye Adam (Mesevet Moshe 8) and Magen Avraham 696:8 whether the mourner can leave his house if there won't be a minyan at the shiva house in order to participate in kaddish and kedusha.</ref>, to visit another mourner, or visit the cemetery.<ref>Moed Katan 21b, Tur and Shulchan Aruch 393:1</ref> The reason for this prohibition is that chazal wanted a mourner not to be distracted from the mourning especially with the company of others.<ref>Trumat Hadeshen (responsa 290)</ref>
# During shiva it is forbidden for the mourner to leave the house even to go to shul during the week<ref>Although the Mahari Geyitz (cited by Tur 393:3) held that a mourner can leave his house to go to shul each day, the Raavad and Ramban (p. 217, cited by Bet Yosef 393:3) dispute his opinion. The Shulchan Aruch 393:4 follows the Ramban. Yet, he adds that the Sephardic minhag was to leave the house for kriyat hatorah on Monday and Thursday. Pitchei Teshuva 393:2 cites a dispute between the Chaye Adam (Mesevet Moshe 8) and Magen Avraham 696:8 whether the mourner can leave his house if there won't be a minyan at the shiva house in order to participate in kaddish and kedusha.</ref>, to visit another mourner, or visit the cemetery.<ref>Moed Katan 21b, Tur and Shulchan Aruch 393:1</ref> The reason for this prohibition is that chazal wanted a mourner not to be distracted from the mourning especially with the company of others.<ref>Trumat Hadeshen (responsa 290)</ref>
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==Tefillin for a Mourner==
==Tefillin for a Mourner==
# On the first day of Shiva, if the burial is on the same day as the passing, an Avel may not wear Tefillin, as the first day is most bitter.<ref>
{{Tefillin_for_a_Mourner}}
'''The Basics''' <br />
The Gemara (Berachot 11a and 16b, Succah 25a, Moed Kattan 15a, and Ketubot 6b) learns from the fact that Hashem told Yechezkel to put on his Tefillin while mourning for his wife that a regular Avel may not do so. <br />
 
Elsewhere (Moed Kattan 21a), the Gemara presents two Machalokot between R' Eliezer and R' Yehoshua. In the first, R' Eliezer holds an Avel is prohibited from wearing Tefillin (Hanacha) until the third day, and R' Yehoshua holds until the second day. Additionally, R' Yehoshua holds that, if the Avel put on Tefillin on the days he's permitted to, if Panim Chadashot (people who have not yet been Menachem him) come to visit, he must take them off (Choletz). R' Eliezer, on the hand, holds that he does not need to (Eino Choletz). The Amoraim debate the final Halacha and conclude that the Halacha follows R' Yehoshua regarding Hanacha and R' Eliezer with respect to Chalitzah, once the Avel puts them on on the second day.<br />
'''Miktzat HaYom KeKulo and the Rishonim'''<br />
Seemingly, the Gemara is employing the Halachic mechanism of Miktzat HaYom KeKulo in allowing him to put on Tefillin only from some point on the second day. See the exact text of the Gemara and Rashi for a clearer picture.<br />
In codifying this Halacha, the Rif and Rambam (Hilchot Avel 4:9) only write that an Avel may not wear Tefillin on the first day and seem to make no mention of the second day. In fact, the Rambam's use of the words "ביום הראשון בלבד" seem to clearly indicate that he understood the Gemara in its most minimal sense.<br />
The Rosh (Moed Kattan 3:23) begins unsure if the Rif implies the Miktzat HaYom is implemented from Netz or from after davening. He concludes that the Miktzat HaYom is fulfilled from Netz.<br />
The Ramban (Torat HaAdam, Shaar HaAvel, Inyan HaAvelut 67) quotes the Raavad who holds that the Miktzat HaYom is only completed from after Shacharit. He also picks up on the lack of a second day in the Rif and explains that it must be the Rif held the Mikzat HaYom was fulfilled with the preceding night, making the entire second day appropriate for putting on Tefillin. He also quotes the Yerushalmi, which makes no indication that there should be a Miktzat HaYom in the first place. See also Rosh ibid 3:3.<br />
Regarding the need for a Miktzat HaYom in the first place, Tosafot (ibid) says it's a din MiDeRabbanan, and the Ramban (ibid) quotes the Raavad that it's lehashlim the Aveilut.<br />
The Tur (OC 38:5) quotes just the language of the Rif. The Beit Yosef extrapolates from the Rosh that, even though Laylah is Zeman Tefillin, since it's Assur to wear them at night, one needs a Miktzat HaYom during the day itself to be able to wear them. The Ran (Succah, on the Rif 11b), who quotes the Ramban above, on the other hand, must hold that even though Laylah is not Zeman Tefillin, it still counts for Miktzat HaYom, since the Avel is still prohibited from wearing them. See Rambam Hilchot Tefillin 4:10.<br/>
In Yoreh Deah (388), the Tur paskens the Gemara as explained above and then says how Yesh Omrim the Miktzat HaYom is from after davening, and the Rif and Rosh paskened from Netz (see Bach). Here, the Beit Yosef is very terse and seems to even equate the Rosh with the Rambam (see Ohr Letzion vol. 1 OC Siman 6, as this could be an additional proof to his thesis).<br />
The Shulchan Aruch in Yoreh Deah paskens like the Rosh that the Miktzat HaYom is from Netz, as does the Ben Ish Chai (Shana Aleph, Chayeh Sarah 12).
</ref>
# If the burial is not on the day of passing, as is very common nowadays, many Poskim hold that the Avel is, in fact, obligated to put on Tefillin, while others firmly believe that he is still forbidden from doing so. According to those who hold one should wear them, one should do so in a closed room without a Beracha.<ref>
The Maharitatz (Chiddushim on Eizehu Neshech, quoted by Be'er Heitev (38:5) and Pitchei Teshuvah (YD 388) famously holds that the reason why the Avel is not allowed to wear Tefillin on the first day is because it's Min HaTorah, which is only when the burial and passing are on the same day. Therefore, when the burial takes place the next day and Avelut is subsequently MiDeRabbanan, the Avel is in fact Chayav in Tefillin. The Taz (OC 38:3), and Dagul Mervava, Birkei Yosef, and Mishnah Brurah disagree. <br />
The Acharonim have have a field day taking sides for or against the Maharitatz in this Machaloket, the true scope of which is most suited for a Teshuva in Yabia Omer (vol. 2 YD Siman 27). <br />
Among recent Acharonim, the Ben Ish Chai (Shana Aleph, Chayeh Sarah 12; Od Yosef Chai, Vayera 11, 12, 45), Kaf HaChaim (OC 38:16), and Ohr Letzion (vol. 1, OC Siman 6) pasken against the Maharitatz. At the same time, due to the great number of Acharonim who do pasken like the Maharitatz (including R' Yitzchak Elchanan and the Chazon Ish, see Yabia Omer ibid for the full list), Rav Shlomo Zalman Auerbach (Halichot Shlomo: Tefillah, Perek 18, 5), Rav Ovadia Yosef (Yabia Omer ibid), and the Piskei Teshuvot (38, Seif Kattan 6) pasken that one should wear them privately without a Beracha. See Magen Avot (Lebhar, Yoreh Deah volume, Siman 388) where he brings the Moroccan Minhag not like the Maharitatz and claims the rest of the world holds that way, as well.
* [https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] writes that Ashkenazim follow the opinion that Avelut is derabbanan therefore, they are exempt on the first day either way.</ref>
# The Minhag is to wear Rabbeinu Tam Tefillin during Avelut.<ref>The Chidah (Birkei Yosef) paskened that one shouldn't wear Rabbeinu Tam Tefillin, as it's a Machaloket HaMekubalim and Shev ve'al Ta'aseh Adif. The Ben Ish Chai (ibid and Od Yosef Chai Vayera 11, 12, 45) claims that the Minhag in Yerushalayim and Baghdad was like the Rashash to wear Rabbeinu Tam Tefillin,  so he disagrees with the Chidah. This is also the opinion of the Kaf HaChaim (OC 38:21), who says that, among other considerations, based on the Siddur HaChidah and the fact that we wear them beTorat Chiyuv, the Avel should wear them. HaRav David Yosef (Halacha Brurahh 38:5:13) also paskens this way.</ref>


==Aveilus on Shabbat and Yom Tov==
==Aveilus on Shabbat and Yom Tov==
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