Shiva: Difference between revisions
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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> | ||
