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Tearing Keriya: Difference between revisions
From Halachipedia
→For whom does one tear Keriyah
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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== | ||
# For any relative for whom a person is supposed to mourn he must tear kriyah. These include: A mother, father, son, daughter, brother, sister, and wife.<ref>Shulchan Aruch YD 340:1, 374:4</ref> | |||
# Additionally, if one of the seven relatives are in mourning one should tear kriyah before those relatives to join them. The Ashkenazic minhag is not to tear for a relative's relative today.<ref>Shulchan Aruch and Rama YD 340:4</ref> | |||
===A Good Person=== | |||
# Someone who has a good reputation, isn't suspected of any aveirah or omission of a mitzvah, even if he isn't great in torah one should tear kriyah if he knew about it between the death and the burial.<Ref>Shulchan Aruch YD 340:6</ref> The Ashkenazic minhag is not to tear kriyah on a good person unless one was present at the death.<ref>Rama YD 340:6</ref> | |||
===Talmid Chacham=== | ===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> | ||
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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> | 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> | # 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]] | ||
