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Shiva: Difference between revisions
From Halachipedia
→Tefillin for a Mourner
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# The mourner may not work. He can get someone else to do his work for him.<ref>Rama YD 380:16. Even though the Shach 380:17 disagrees with the reasoning of the Levush for the Rama, Gesher Hachaim 1:21:3:4 follows the Levush. The Shach would only permit it if there is a loss to the employer. </ref> | # The mourner may not work. He can get someone else to do his work for him.<ref>Rama YD 380:16. Even though the Shach 380:17 disagrees with the reasoning of the Levush for the Rama, Gesher Hachaim 1:21:3:4 follows the Levush. The Shach would only permit it if there is a loss to the employer. </ref> | ||
# If a partner in a company is an avel, the entire company has to close. The other partners who aren't in aveilut can work in their own houses in private unless it'll become known that the work is being done for the business at the time.<ref>Shulchan Aruch YD 380:21, Chazon Ovadia (Aveilut v. 2 p. 152). The Gesher Hachaim 1:21:5:7 writes that the minhag is to reopen the company after 3 days of aveilut. See Pitchei Teshuva 380:4 about a sale of the business to the other partners during shiva.</ref> | # If a partner in a company is an avel, the entire company has to close. The other partners who aren't in aveilut can work in their own houses in private unless it'll become known that the work is being done for the business at the time.<ref>Shulchan Aruch YD 380:21, Chazon Ovadia (Aveilut v. 2 p. 152). The Gesher Hachaim 1:21:5:7 writes that the minhag is to reopen the company after 3 days of aveilut. See Pitchei Teshuva 380:4 about a sale of the business to the other partners during shiva.</ref> | ||
===Bathing=== | |||
# It is forbidden for a mourner to take a complete shower or bath whether it is hot or cold. It is permitted for the mourner to wash his hands, feet, and face with cold water.<Ref>Shulchan Aruch YD 381:1</ref> | |||
# The Ashkenazic minhag is not to shower or bathe during shloshim unless one is doing so to remove sweat.<ref>Rama YD 381:1</ref> Sephardim don't have this minhag.<ref>Chazon Ovadia (Aveilut v. 2 p. 164)</ref> | |||
==Tefillin for a Mourner== | ==Tefillin for a Mourner== | ||
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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 /> | 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 | 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 /> | '''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 /> | 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 /> | ||
