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Shiva: Difference between revisions
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# 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> | ||
# other practices | # other practices | ||
===Doing Business During Shiva=== | |||
# It is forbidden for an avel to do work so that he is available to mourn properly and repent.<ref>Torat HaAdam (p. 170), Bach 380:3, Badei Hashulchan 380:10</ref> This prohibition includes doing business.<ref>Rambam (Avel 5:7) writes that just like doing work is forbidden so too doing business during aveilut is forbidden. The Nemukei Yosef (Moed Katan 13b) quotes one opinion as holding that it is permitted but that isn't accepted. Tur and Shulchan Aruch 380:3 follow the Rambam.</ref> | |||
# Even if someone is very poor and needs to take tzedaka may not work during the first three days of aveilut. Afterwards, he can work in private. However, cursed are the neighbors of such a person that they didn't take care of him and made him work during aveilut.<ref>Gemara Moed Katan 21b establishes that it is forbidden for a person to work during aveilut even if they are so poor that they need tzedaka but after 3 days they can work in private. The Hagahot Maimoniyot 5:8 writes that after 3 days it is forbidden for anyone who isn't so poor that they need tzedaka. He quotes the Yerushalmi, Maharam, and Raavad who agree with this explanation unlike Rabbenu Shemaya. Tur and Shulchan Aruch 380:2 follow the Hagahot Maimoniyot. The Yerushalmi 3:5 adds that cursed are the neighbors who cursed him to work during aveilut. This is codified by Shulchan Aruch.</ref> | |||
# If not doing a certain activity will cause a loss it is permitted to have others do the work for the avel. For example, if a person has a barrel of wine unsealed and it will spoil if he doesn't seal it, he can have someone else seal it for him.<ref>The Gemara Moed Katan 11b cites a dispute between Rav Shisha and Rav Ashi whether it is permitted for an avel to work during aveilut to avoid a loss. The Rif (Moed Katan 5a), Rosh (Moed Katan 2:1), and Rambam (Avel 5:10) all accept the opinion of Rav Shisha that it is forbidden. This is codified in Tur and Shulchan Aruch 380:4.</ref> If there is no one else available to do the work that is necessary to avoid the loss, according to Ashkenazim it is permitted after 3 days of aveilut or even within 3 days to avoid a large loss. However, Sephardim would forbid doing work by oneself even to avoid a loss and even if no one else is available.<ref>Rabban Gamliel (Moed Katan 11b) holds that it is permitted to do the work to avoid a loss if no one is available. The Tur 380:4 quotes the Rif and Rambam who don't hold like Rabban Gamliel, while the Ramban (p. 165) and Rosh (Avel 2:4) accept his opinion. The Shulchan Aruch 380:4 doesn't mention this leniency of Rabban Gamliel, while the Rama does, though he only applies it after 3 days or within 3 days if there's a large loss based on the Rabbenu Yerucham.</ref> | |||
# If a person is in aveilut then his workers can't work either.<ref>Shulchan Aruch 380:5</ref> | |||
# If a person is in aveilut some permit his wife to work out of the house, while others permit her only if she specifies that she is giving up her rights to having her husband provide for her sustenance for that week.<ref>Chazon Ovadia (Aveilut v. 2 p. 130) writes that just like the Aval Rabati (5:1 codified by Shulchan Aruch 380:4) writes that it is forbidden for children of an avel to work if the money goes to the avel so too it is forbidden for the wife of an avel to work since her salary goes to her husband. Bet Dovid YD 181 agrees that it is forbidden for a wife of the avel to work. However, Chazon Ovadia continues that the Rashba (Bet Yosef EH 95), Rabbenu Yerucham, and Ritva (Ketubot 59b) as holding that if a woman works outside her house which she isn't obligated to do she keeps her salary. If so, Rav Ovadia concludes, a wife who works out of the house can work during shiva of her husband. Rav Ovadia adds that it is better for her to say that she gives up her rights to sustenance from her husband which in exchange means that she can keep her own salary. Peni Baruch (p. 460) quotes Rav Shlomo Zalman Auerbach as saying that a wife or family members of the avel who wants to work can specify that their profits not go to the avel that week. </ref> | |||
# It is permitted to write in non-professional script during shiva if there is a need.<ref>Rama 380:2, Chazon Ovadia (Aveilut v. 2 p. 137)</ref> However, a sofer may not write or fix a sefer torah unless the congregation needs him since there is no other kosher sefer torah and no other sofer available.<ref>Chazon Ovadia (Aveilut v. 2 p. 138) quoting Shaarim Hametzuyim Bhalacha 208:6</ref> | |||
# It is permitted for an avel to sweep, cook, make the beds, and clean dishes during aveilut.<ref>Aval Rabati 11:9, Ramban (p. 173), Maharik 35:4, Mordechai (Moed Katan no. 929), Shulchan Aruch 380:22, Chazon Ovadia (Aveilut v. 2 p. 135)</ref> | |||
==Tefillin for a Mourner== | ==Tefillin for a Mourner== | ||
