Translation:Shulchan Aruch/Yoreh Deah/399

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Seif 1: One who buries one’s dead before a festival, such that he became subject to mourning and he started practicing [the customs of mourning] even for one hour [i.e. a short time] before the festival, the period of mourning stops and the laws of shiva are canceled and the days of the festival count for him towards the counting of sheloshim – that is, he has seven before the festival, the days of the festival and then he completes on top of those days the rest of sheloshim. And only if he observed the laws of mourning during that hour…But, if he erred or intentionally sinned and he didn’t observe the practices of mourning, or it was close to dark and he was not able to practice, the festival does not cancel the mourning. And all the more so, if he did not know that about the death of the deceased before the festival, the festival does not cancel the period of mourning, rather he observes mourning in private during the festival and counts shiva after the festival, but during that shiva, work may be done [on his behalf] by others and his servants and maidservants work privately in his home, because since he abstained from work already for the seven days of the festival, even though it was not canceled on the account of mourning, but rather on the account of the festival, in the end he [is considered to have] observed the laws of mourning regarding work; therefore, one should not be stringent regarding it as we would with other cases of mourning and his work may be done by others. And for all of the days of the festival others deal with him [i.e. comfort him]; therefore, they do not comfort him following the festival. And the festival is considered towards the counting of sheloshim, since the laws of sheloshim – which are ironing and grooming – are observed during the festival, and he is not forbidden to do them on account of the instructions of the festival alone, but rather also on account of the instructions of a mourner since from the instructions of the festival it is permitted to wear ironed, new, white, clothing and to cut his nails with scissors, and to celebrate a festive communal meal; and one who comes from distant places or from being imprisoned, or the other places that the sages recounted, it is permitted to count and to launder, but according to the laws of mourning he is forbidden in all of them as is the case during hol – regular, non-festival weekdays.

Seif 2: One who buries the deceased on a festival or during hol hamoed, he observes the laws of aninut the entire time the person is unburied. And after he is buried, he observes things privately (but nonetheless it is permitted to be together with his wife) and the festival is considered towards the counting of sheloshim on top of which he will complete thirty days. Even if the buried him on the festival of Sukkot, we do not say that Shemini Atzeret cancels. And people engage in comforting him during the festival. (Gloss: And all work is permitted to be done on the festival to prevent a financial loss by himself. But if it is not devar haaved, it is done by others in their homes, and his servants do it privately in his house.) And after the festival, he begins to count shiva, and at the end of seven days from the time of death, even though the seven days of mourning have not finished yet, his work can be done by others inside their homes and his servants mat do [work] for him privately within his home. And the public does not engage in comforting him after the festival the number of days during which they comforted him on the festival but they show him face (i.e. visit) For example, if they buried him in the last three days of the festival, his work is done by others in the last three days of mourning. And in situations where they practice two days, the shiva is counted from the second day of the last set of yom tov, since it is derabanan it is considered for counting and he only counts six days afterwards.

Seif 3: If one buries the deceased seven days prior to the festival, and observed the decree of shiva, the festival cancels the decree of sheloshim, even if the seventh day began on erev haregel, since part of the day is considered like a whole day and counts toward both. And it is permitted to launder and to bathe and to cut one’s hair on the evening of the festival. (Gloss: Close to dark, and on the eve of pesach, all these things are permitted after noon,i.e. from the time of the slaughtering of the paschal lamb and onward, and it is preferable for him to shave before noon, since others are prohibited from shaving after noon.) And so too if the eighth day fell on Shabbat which was also the eve of the festival, it is permitted to launder and bathe and cut one’s hair on erev Shabbat. And if he did not shave on the eve of the festival or Shabbat eve, it is permitted to shave after the festival, since the decree of shloshim has already been canceled. But during hol hamoed he should not shave, since it was possible for him to shave before the festival. And if the seventh day fell on Shabbat erev haregel it is forbidden to shave on erev Shabbat and permitted to shave after the festival and so too during hol hamoed, since he was not able to shave before the festival.

Seif 4: That the festival cancels the rule of sheloshim, is with regard to the other deceased, but with regard to his father or mother, where it is forbidden (to cut one’s hair) until his friends scold him, even if the festival hit after the 30th day, it does not cancel.

Seif 5: If one of the days of mourning, other than the seventh, falls on the eve of the festival, he is permitted to launder, but he should not wear it [i.e. the newly laundered clothing] until the evening. And it is good to refrain from washing until after noon in order that it will be recognizable that it is because of the festival that he is washing. But to bathe is forbidden until the night. And there are those who permit bathing after praying minchah close to darkness. (And thus we do).

Seif 6: Rosh HaShanah and Yom Kippur are considered festivals with regard to the canceling of mourning.

Seif 7: One who observed one hour [i.e. a short amount of time] before Passover – that same hour is considered as 7 days, and [with] the 8 days of Passover, it is 15 days [of shloshim], and he adds onto it an additional 15 days [of shloshim].

Seif 8: One hour [observed] before Shavuot is considered as seven days. Shavuot – since, if he did not bring the Shavuot sacrifice on Shavuot, he could make it up all 7 days – it is as considered as 7 days. This is 14 days [of shloshim], and he adds onto it 16 additional [days], and the second day of Shavuot counts towards the counting of the 16 days.

Seif 9: One hour [observed] before Rosh HaShanah cancels for him the decree of Shiva because of Rosh HaShanah. And the decree of shloshim is canceled for him by Yom Kippur. And he may shave on the eve of Yom Kippur. And this is the rule for one who buries is dead on the 3rd of Tishrei – that he may shave on the eve of Yom Kippur.

Seif 10: One hour [observed] before Yom Kippur cancels for him the decree of Shiva because of Yom Kippur. And the decree of shloshim is canceled for him by Sukkot, and he may shave on the eve of Sukkot.

Seif 11: One hour [observed] before Sukkot and Sukkot is 14 days [of shloshim], and Shemini Atzeret is 7 days, making 21 days, and the second day of Shemini Atzeret is the 22nd day, and he adds onto it 8 additional days [of shloshim].