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Tearing Keriya: Difference between revisions
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# The minhag of some Sephardi women is not to tear Keriyah at all out of concern for tziniut. <ref>Rav Mordechai Eliyahu comments on Kitzur S”A 195:5</ref> | # The minhag of some Sephardi women is not to tear Keriyah at all out of concern for tziniut. <ref>Rav Mordechai Eliyahu comments on Kitzur S”A 195:5</ref> | ||
==For whom does one tear Keriyah== | ==For whom does one tear Keriyah== | ||
===Talmid Chacham=== | |||
# The minhag is not to tear Keriyah upon hearing about the passing of a Talmid Chacham unless it is one's Rebbe Muvhak.<ref>Yalkut Yosef YD 9:15</ref> | # The minhag is not to tear Keriyah upon hearing about the passing of a Talmid Chacham unless it is one's Rebbe Muvhak.<ref>Yalkut Yosef YD 9:15</ref> | ||
===Patient at time of death== | |||
see Nishmas Avraham vol 1 oc 223:6 and vol 2 Y.D 340:2 for lengthy discussion | |||
# While the Talmud and the Shulchan Aruch clearly state that a person is obligated to rend one’s garments when present at the passing<ref> The Bet Yosef Y.D 340:6 notes that the Ramban and the Rosh cite the Raavad that this includes from the time of death to the time of burial (also Ritva Moed Katan 25a, see Prishah on the Tur note 10). However, the Rama Y.D 340:5 citing the Raavya limits it to the simple interpretation of being present at the time of death, and the practice is to be lenient (Rambam Avel 9:11 seems to hold this way as well).</ref> of another Jew<ref>The gemara in Moed Katan 25a praises one who mourns an “adam kasher” and states that in fact it is an obligation. Similarly, the gemara says that if a person was standing by a Jew at the time of death then again there is a requirement to mourn and tear keriya. Tur Y.D 340 cites R Yonah that so long as the person is not suspected of sinning, one rends his garment. He further cites the Maharam Rutenburg who maintains that the enactment includes Jews who at times violate commandments for pleasure or out of laziness, but not apostate Jews. The Shulchan Aruch Y.D 340:5 writes in accordance with R' Yonah, whereas the Rama writes in accordance with the Maharam Rutenburg. The Rambam (Avel 9:11) seems to understand that the gemara was not relating to the previous statement when it cited the law that one rend one’s garment over the passing of another Jew, and thus rules that this applies to all Jews. The Nishmas Avraham Vol 1 (O.C 223 note 6) write that for this enactment to apply, the deceased must be one who is not suspect on any transgressions. See there for further discussion.<br /> | |||
The gemara explains that the reason for this enactment is because when a Jew dies it is like a sefer Torah was burned. There is a version of Rashi which elaborates that this line means that the person could have learned more Torah. Some explain that according to Rashi this enactment does not apply to women (Ramban, Ritva, Tur). However, others explain that even Rashi would agree that this enactment applies to women (Rashba, Beit Yosef).</ref>, the common practice is to be lenient<ref> There are three reasons brought down for the leniency today: 1) the takanah is waived so that people will stand there at the time of death (Shulchan Gavoha YD 339:4, Gesher Hachayim 14:9); 2) the sick person waives the takanah so that people will be there at the time of death (Shut Torat Chesed OC 17:6); 3) practically we cannot allow so much garment rending; otherwise people will run out of clothing and die of cold (Shulchan Gavohah YD 339:4 based on Rama YD 340:7; also Kaf Hachayim OC 547:25). The Nishmas Avraham (vol 2 YD 340:2) holds that there should be a chiyuv as these reasons are weak and the rabbis never worried about such things. However from what he writes in OC 223:6 it is clear that he does not believe that one who does not rend one’s garments is mistaken, nor is it clear that he would advise one to rend, based on common practice not to do so.<br /> Rav Schachter ([http://www.halachipedia.com/documents/5776/Halachos_for_Professionals.pdf oral communication cited in Halachos for Professionals]) said regarding similar laws of kriya on non-relatives, like a rebbe muvhak, that one should only observe these laws nowadays if his actions will not seem out of place or disproportionate to his relationship with the person or otherwise inappropriate; however if it would not seem out of place or cause stress to the mourners then such expressions would be appropriate.</ref>, especially for doctors and nurses.<ref> The Nishmas Avraham discusses poskim who are lenient not to tear since the coat that they wear on top is not their own (Tzitz Eliezer vol 13 35:4). He himself holds on principle that one would be required to rend the garment underneath for two reasons: first, because some say that if one rends the lower garment one still fulfills his obligation, and second as the white doctors’ coat does not count as an upper garment, rather the lower garment (the doctor’s personal shirt) would count as the upper garment (Rabbi Neuwirth, Rabbi Shlomo Zalman Auerbach). It would seem that today even the Nishmas Avraham would agree not to rend for doctors and nurses who wear scrubs and their lower garments are also not their own. (See Shulchan Aruch YD 340:34) </ref> | |||
# One who does rend his garments when present at the time of death need not tear a full tefach for each passing, rather one tefach for the first and then add on a little bit (kol shehu) for each subsequent passing.<ref> Igros Moshe CM vol 2 73:10</ref> | |||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Mourning]] | [[Category:Mourning]] | ||
