Shiva: Difference between revisions
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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). | 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). | ||
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# If the burial is not on the day of passing, as is very common nowadays, many Poskim hold that the | # If the burial is not on the day of passing, as is very common nowadays, many Poskim hold that the mourner 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 (OC 38:5) and Pitchei Teshuvah (YD 388:2) holds that the reason why the Avel is not allowed to wear Tefillin on the first day is because it's Biblical, 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 rabbinic, the Avel is in fact obligated in Tefillin. The Taz (OC 38:3), Dagul Mervava, Birkei Yosef, and Mishnah Brurah disagree and hold that the mourner is exempt from Tefillin the first day. | ||
The Maharitatz (Chiddushim on Eizehu Neshech, quoted by Be'er Heitev (38:5) and Pitchei Teshuvah (YD 388) | * The Acharonim have have a field day taking sides for or against the Maharitatz in this Machloket, the true scope of which is most suited for a Teshuva in Yabia Omer (vol. 2 YD Siman 27). | ||
The Acharonim have have a field day taking sides for or against the Maharitatz in this | * Among recent Achronim, 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.</ref> Among Sephardim the dispute is unresolved,<ref>See above note. 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) hold that the mourner is exempt the first day either way, while Yabia Omer YD 2:27 holds that they are obligated if the day of the death wasn't the same as the day of the burial.</ref> while among Ashkenazim most assume that the mourner is exempt the first day of mourning even in this case.<ref>See above note. Mishna Brurah 38:16. [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> | ||
Among recent | |||
# 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> | # 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> | ||
# On the second day of Avelut a person should not to put on tefillin until after [[Netz Hachama]].<ref>[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)]</ref> | # On the second day of Avelut a person should not to put on tefillin until after [[Netz Hachama]].<ref>[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)]</ref> | ||
