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Shiva: Difference between revisions
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One whose relative has passed away has an obligation<ref>There is a difference of opinion as to whether this obligation is derabanan or deoraisa, see below.</ref> to engage in several practices of mourning. The week of mourning, which begins (under normal circumstances) from the time of burial and continues for seven days, is colloquially referred to as "shiva" and is associated with several laws and customs. | One whose relative has passed away has an obligation<ref>There is a difference of opinion as to whether this obligation is derabanan or deoraisa, see below.</ref> to engage in several practices of mourning. The week of mourning, which begins (under normal circumstances) from the time of burial and continues for seven days, is colloquially referred to as "shiva" and is associated with several laws and customs. | ||
==For Whom Does One "Sit Shiva"== | ==Who and For Whom Does One "Sit Shiva"== | ||
# There are seven relatives for whom one is obligated to mourn: one's (1) father, (2) mother, (3) son, (4) daughter, (5) sister, (6) brother, and (7) spouse.<ref>Shulchan Aruch Y.D. 374:4. The Rambam in Hilchos Avel 2:1 considers the obligation of mourning for a spouse to be Midivreihem, which most (cf. Lechem Mishnah there) assume to mean that it is derabanan (although this is not the understanding of the Kesef Mishnah there). Ramban, however, in Toras HaAdam (Chavel ed.) page 213 believes that it must be deoraisa. Additionally, Ramban writes (to Vayikra 21:3) that mourning for one's married sister, or a married sister mourning for her brother, is only derabanan.</ref> One who is not biologically related to the deceased 'relative' is not obligated to mourn for them.<ref>Thus, an adopted child, strictly speaking, does not need to mourn for his/her parents. However, some have the practice to do so anyway out of respect and gratitude for their adopted parents. Pischei Teshuvah 374:3 writes that one should mourn for his/her step-parent.</ref> | # There are seven relatives for whom one is obligated to mourn: one's (1) father, (2) mother, (3) son, (4) daughter, (5) sister, (6) brother, and (7) spouse.<ref>Shulchan Aruch Y.D. 374:4. The Rambam in Hilchos Avel 2:1 considers the obligation of mourning for a spouse to be Midivreihem, which most (cf. Lechem Mishnah there) assume to mean that it is derabanan (although this is not the understanding of the Kesef Mishnah there). Ramban, however, in Toras HaAdam (Chavel ed.) page 213 believes that it must be deoraisa. Additionally, Ramban writes (to Vayikra 21:3) that mourning for one's married sister, or a married sister mourning for her brother, is only derabanan.</ref> One who is not biologically related to the deceased 'relative' is not obligated to mourn for them.<ref>Thus, an adopted child, strictly speaking, does not need to mourn for his/her parents. However, some have the practice to do so anyway out of respect and gratitude for their adopted parents. Pischei Teshuvah 374:3 writes that one should mourn for his/her step-parent.</ref> | ||
# A ger (convert) is not obligated to mourn for his relatives.<ref>Rama 391:1, against the opinion of the Mordechai in Maseches Semachos</ref> | # A ger (convert) is not obligated to mourn for his relatives.<ref>Rama 391:1, against the opinion of the Mordechai in Maseches Semachos</ref> | ||
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# Generally speaking, one does not mourn for a deceased person who has rebelled against Judaism,<ref>Sanhedrin 47a, Shulchan Aruch Y.D. 304:5 and Shach 304:8 (applying the Rosh and Mordechai Moed Kattan 886) that even one who sinned only for pleasure, but repeatedly, is also excluded from being mourned), </ref> or one who committed suicide,<ref>Maseches Semachos 2:1, Shluchan Aruch Y.D. 345:1, against the opinion of Ramban in Toras HaAdam pg. 83</ref> although there are many possible exceptions to this rule, so every case must be determined by a qualified posek.<ref>cf. Chasam Sofer Sh"T Y.D. 326, Ritva Avodah Zarah 18a, Birkei Yosef Y.D. 341:2, Kol Bo Aveilus 1:4:3:39, Yabia Omer vol. 2, no. 24 miluim 15</ref> | # Generally speaking, one does not mourn for a deceased person who has rebelled against Judaism,<ref>Sanhedrin 47a, Shulchan Aruch Y.D. 304:5 and Shach 304:8 (applying the Rosh and Mordechai Moed Kattan 886) that even one who sinned only for pleasure, but repeatedly, is also excluded from being mourned), </ref> or one who committed suicide,<ref>Maseches Semachos 2:1, Shluchan Aruch Y.D. 345:1, against the opinion of Ramban in Toras HaAdam pg. 83</ref> although there are many possible exceptions to this rule, so every case must be determined by a qualified posek.<ref>cf. Chasam Sofer Sh"T Y.D. 326, Ritva Avodah Zarah 18a, Birkei Yosef Y.D. 341:2, Kol Bo Aveilus 1:4:3:39, Yabia Omer vol. 2, no. 24 miluim 15</ref> | ||
# One does not mourn for a baby born prematurely who dies within thirty days of its birth, although there is considerable debate regarding how to determine "premature" in this context.<ref>Cf. Niddah 44b, Shulchan Aruch Y.D 374:8, Rama E.H. 156:4</ref> | # One does not mourn for a baby born prematurely who dies within thirty days of its birth, although there is considerable debate regarding how to determine "premature" in this context.<ref>Cf. Niddah 44b, Shulchan Aruch Y.D 374:8, Rama E.H. 156:4</ref> | ||
# Children under bar mitzvah are not taught to observe aveilus. <ref>Derisha quoted in Taz 340:15 writes that in fact a child should be taught to observe aveilus, as the Gemara (Moed Kattan 26b) indicates that he should be taught to tear keriyah on the deceased. However, Dagul Merevavah there writes that there is no aveilus for children, and this is the common practice.</ref> | |||
# There is a dispute regarding a boy who turns thirteen or a girl who turns twelve during the week or month after the burial of his/her relative, but the practice is for such a person to not observe aveilus at all.<ref>Rosh Moed Kattan 3:96, Tur and Shulchan Aruch 396, Taz 396:2</ref> | |||
==When Aveilus Begins and Ends== | ==When Aveilus Begins and Ends== | ||
