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Tearing Keriya: Difference between revisions
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===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> | ||
===Patient at time of death== | ===Patient at time of death=== | ||
see Nishmas Avraham vol 1 oc 223:6 and vol 2 Y.D 340:2 for lengthy discussion | 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 /> | # 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 /> | ||
