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9 ‎[1] Whenever a person rends his garments after the loss of a relative other than a parent, he may sew the tear after the seven days of mourning and mend it after thirty days. For one's father and mother, he may sew the tear after thirty days, but may never mend it. A woman should rend her garments and sew them immediately, even when she lost a father or mother, as an expression of modesty. ‎[2] Just as a person must rend his garments for the loss of his father and mother; so, too, he is obligated to rend his garments for the loss of a teacher who instructed him in the Torah, a *nasi*, the *av beit din*, the majority of the community who were slain, the cursing of God's name, the burning of a Torah scroll, when seeing the cities of Judah, Jerusalem, and the Temple in their destruction. ‎[3] All of these tears should be rent to the extent that one reveals his heart and they should never be mended. Although they should never be mended, they may be sewed irregularly, sewn after the sides are wound or twisted together, or sewn like ladders. All that was forbidden was Alexandrian mending.
Whenever a person tears a garment in a place where it was sewn irregularly or sewn after the sides were wound and twisted together, his act is of no consequence. If, however, he rips a garment where it has been mended in an Alexandrian manner, it is of consequence.
Even one turns a rent garment upside down and makes its collar its hem, he should not mend it. ‎[4] Just as the seller may not mend it; so, too, the purchaser may not. Therefore the seller must notify the purchaser that this tear may not be mended. ‎[5] What is the source that teaches that one is obligated to rend his garments at his teacher's death just as he rends his garments for his father? II Kings 2:12 states: "He was calling out: 'My father, my father, the chariot of Israel and its horsemen.' And then he no longer saw him. And he took hold of his garments and tore them into two halves." This teaches that one must rip apart the collar. ‎[6] What is the source that teaches that one is obligated to rend his garments at the death of the *nasi*, the *av beit din*, and a report that the majority of the community have been slain? II Samuel 1:11-12 relates: "David took hold of his garments and rent them as did all the people who were with him. They mourned, they cried, and they fasted until the evening for Saul - the *nasi* - for his son Jonathan - the *av beit din* - and for the people of God and the House of Israel for they fell by the sword" - this is an unfavorable report. ‎[7] What is the source which teaches that one is obligated to rend his garments when hearing the blasphemy of God's name? II Kings 18:37 states: "And Elyakim ben Chilkiyah who oversaw the palace, Shevna the scribe, and Yoach ben Asaf the secretary, came to Chizkiyahu with rent garments." Just as one who hears the blasphemy itself must rend his garments; so, too, one who hears the report of the blasphemy from the listeners must rend his garments. ‎[8] The witnesses are not obligated to rend their garments when they testify in court, for they already tore them when they heard the blasphemy. ‎[9] What is the source which teaches that one is obligated to rend his garments for a Torah scroll that is burnt? Jeremiah 36:23-24 states: "And it came to pass that when Yehudi would read three or four columns... until the entire scroll was consumed by the fire in the hearth. And neither the king nor his servants became fearful, nor did they rend their garments." Implied is that one is obligated to rend one's garments.
One is obligated to rend one's garments only because of a Torah scroll that was burnt arrogantly as in the incident cited. One is obligated to rend one's garments twice: once for the parchment and once for the writing, as *ibid.*:27 states: "After the king burnt the scroll and the words." ‎[10] What is the source which teaches that one is obligated to rend his garments when seeing the cities of Judah, Jerusalem, and the Temple in their destruction? Jeremiah 41:5 relates: "Men came from Shechem, from Shiloh, and from Samaria, eighty men with their beards shaven and their garments rent." ‎[11] Whoever is present with a dying person at the time his soul expires is obligated to rend his garments even if he is not his relative. Similarly, when a virtuous person dies, everyone is obligated to rend his garments because of him, even though he is not a sage. They tear them a handbreadth as other mourners do. When, however, a sage dies, everyone is considered as his relative. They rend their garments for him until they reveal their hearts and uncover their right arms. The house of study of that sage should be discontinued for all seven days of mourning.
Torah scholars have universally accepted the custom of rending their garments for a handbreadth in respect for each other even though they are equal in stature and neither of them teaches the other. ‎[12] Whenever a person rends his garments because of a sage who dies, as soon as he turns away from the bier, he may sew it irregularly. It appears to me that when a person rends his garments for a sage, he may mend them on the following day. For even when his teacher dies, one should mourn for him for only one day, either the day of his death or the day he hears the report of his death.
Similarly, it appears to me that a person who rends his garments because of the death of the *nasi* or the like may sew them irregularly on the following day even though he may never mend them. ‎[13] When a report comes that a sage has died, we rend our garments only at the time he is eulogized. This is the honor granted to him. One may sew the garment that day and mend it on the following day. ‎[14] When the *Av Beit Din* dies, everyone rends their garments because of him and uncovers their left arm. All of the houses of study in the city are discontinued. The members of the synagogue enter the synagogue and change their places. Those who sit at the south should sit at the north and those who sit at the north should sit at the south. ‎[15] When a *nasi* dies, everyone rends their garments because of him and uncovers both arms. All of the houses of study are discontinued. The members of the synagogue enter the synagogue on the Sabbath, call seven men to the Torah reading and depart. They should not stroll in the market place, but instead should sit together in families mourning the entire day.
10 ‎[1] The Sabbath is counted as one of the days of mourning. Nevertheless, the laws of mourning are not observed on the Sabbath with the exception of private matters, e.g., veiling one's head, marital relations, and washing with hot water. With regard to matters which are obvious, however, the mourning laws are not observed. Instead, one may wear shoes, position his bed upright, and greet everyone.
If the mourner has another garment, he should change it. He should not wear a torn garment on the Sabbath even because of his father and mother. If he does not have a garment to change, he should turn the tear to the other side. ‎[2] When may one position his bed upright on Friday? From the afternoon onward. Nevertheless, one should not sit on the upright bed until nightfall. Even when there remains only one day for the seven days of mourning, one should overturn the beds again on Saturday night. ‎[3] On the festivals and similarly, Rosh HaShanah and Yom Kippur, we do not observe any of the mourning rites at all. Moreover, whenever anyone buries his dead even a small amount of time before a festival or before Rosh HaShanah or Yom Kippur, the decree requiring him to observe seven days of mourning is nullified.
Thus after Rosh HaShanah and Yom Kippur, a mourner counts 23 days. After Pesach, he counts16 days - for the seven days of mourning are nullified and the seven days of the festival are equal to 14. Similarly, if the deceased was buried before Shavuos, the mourner counts 16 days afterwards. For even though the holiday is only one day, since it is a festival, it is counted as seven days. ‎[4] When a person buries his dead before Sukkos, he should count only nine days after the festival. For Shemini Atzeret is a holiday in its own right. Thus the first day concludes the seven days, then come the seven days of the holiday, and the eighth day is considered as a festival. Thus there are 21 days. ‎[5] When a person buries his dead seven days before any one of the festivals or seven days before Rosh HaShanah or Yom Kippur, the decree requiring him to observe the 30 days of mourning is nullified. He is permitted to cut his hair and launder his garments on the day preceding the festival or Yom Kippur. The rationale is that a portion of the day is considered as the entire day. After the holiday, he does not count any other days of mourning.
If, however, he is mourning for his father or mother - even if they died more than 30 days before the festival - he may not cut his hair until it grows uncontrolled or until his friends rebuke him. The festivals do not nullify this measure. ‎[6] When the sixth day of mourning falls on the day before the festival - needless to say, this law applies if the fifth or the third day falls on that day - he may not cut his hair. The festival nullifies only the decree requiring him to mourn for seven days. He is not permitted to wash, anoint himself, or perform any other practice forbidden during the days of mourning until the onset of the festival. The festival concludes the seven days of mourning. After the festival, he concludes all 30 days from the day of the death. During them, he is forbidden to perform any of the five practices mentioned in Chapter 6. ‎[7] The following rules apply when the seventh day of mourning falls on the day before a festival and that day is the Sabbath. The decree requiring him to observe the 30 days of mourning is nullified and he may cut his hair in the midst of the holiday. For he was held back by forces beyond his control since he cannot cut his hair on the Sabbath. Similarly, one may cut one's hair after Shavuot or after Rosh HaShanah and Yom Kippur, for the decree requiring him to observe the 30 days of mourning has been nullified and he may cut his hair whenever he desires. ‎[8] When a person buries his dead in the midst of a festival, the laws of mourning do not apply to him. He does not observe the mourning rites in the midst of the festival. Instead, after the festival he begins to count the seven days of mourning and observes all of the mourning rites at that time. He counts the 30 days of *Sheloshim* from the day of the burial. In the days that remain from these 30 days, he observes all the restrictions required. ‎[9] In the above situation, in places where the holidays are observed for two days, one should count seven days from the second day of the final days of the festival. Since its observance is a Rabbinic institution, it is included in the reckoning and he need count only six days afterwards. He counts the 30 days of *Sheloshim* from the day of the burial as stated above. ‎[10] When a person buries his dead on the second day of a holiday which is the final day of a festival or on the second day of Shavuot, he should observe mourning rites, for the observance of the second day of a festival is a Rabbinic institution and the observance of mourning rites on the first day is a Scriptural obligation. Hence the observance of a positive Rabbinic commandment is superseded by the observance of a positive Scriptural commandment.
If, however, one buries his dead on the second day of Rosh HaShanah, he should not observe the mourning rites. For the two days of Rosh HaShanah are considered as one long day, because of the rationale explained in *Hilchot Kiddush HaChodesh*.
11 ‎[1] Although the mourning rites are not observed at all during the festival, one should rend his garments because of his dead on a festival and uncover his shoulder. Similarly, we bring the mourners bread of comfort during a festival. All of the above applies during Chol HaMoed. On a festival, even the second day of a festival, one should not rend his garments, uncover a shoulder, or bring bread of comfort. ‎[2] We rend our garments and uncover our shoulders during a festival only for the relatives for whom we are obligated to mourn, for a sage, an upright person, or for a person when one was present at the time his soul expired.
Everyone brings the meal of comfort to his colleague for a sage during a festival in the main street of the city in the way the meal of comfort is brought for mourners. For everyone is a mourner because of him. ‎[3] When we bring mourners the meal of comfort during a festival, we serve them while they are sitting on upright couches. We do not recite the mourning blessing during a festival. We do however stand in a line, comfort the mourners, and take leave of them.
We do not leave the bier in the public thoroughfare lest that encourage the delivery of a eulogy. For it is forbidden to deliver eulogies and to fast during a festival. Similarly, one should not gather the bones of one's father and mother during a festival for this evokes mourning for the person. Needless to say, this applies with regard to one's other relatives.
Similarly, we do not eulogize the dead on Chanukah, Purim, or Rosh Chodesh. We do, however, observe all the rites of mourning on those days. It is permitted to deliver eulogies on the days which precede and which follow Chanukah and Purim. ‎[4] During a festival, the woman may lament, but they do not pound their hands together in grief. On Rosh Chodesh, Chanukah, and Purim, they may both lament and pound their hands together in grief; they may not, however, recite dirges on any of these days. Once the dead has been buried, they should neither lament, nor pound their hands together. ‎[5] What is meant by lamenting? That all raise their voices in mourning together. By reciting dirges? That one recites a dirge and all respond in lament, as implied by Jeremiah 9:19: "to teach your daughters mourning and a woman, her friends, a dirge."
When do all the above restrictions apply? When ordinary people die. When, however, a Torah scholar dies, he is eulogized during a festival. Needless to say, this applies on Chanukah, Purim, and Rosh Chodesh. This does not apply on the second day of a holiday.
On the days when a eulogy is permitted, it is permitted only in the deceased's presence. Once he is buried, a eulogy is forbidden. On the day when one hears a report of his death, it is as if one is in his presence and he may be eulogized even if it is a distant report. ‎[6] A woman should not have a eulogy recited for a deceased person within 30 days so that the festival will not arrive when they are grieving. For a deceased person will not be forgotten in less than 30 days. When does the above apply? With regard to a person who died previously. If, however, a person died within 30 days of a festival, a eulogy may be recited. ‎[7] The seven days of the wedding celebrations are comparable to a festival. Thus if a close relative of a person - even his father or mother - dies in the middle of these days of celebration, he should complete the seven days of celebration and then observe the seven days of mourning. He also counts the 30 days of mourning from the conclusion of the days of celebration. ‎[8] The following rules apply when one prepared all the necessities for the wedding feast, baked his bread, slaughtered his animals to enter the celebration, and then one of his close relatives died before he began the celebration. If he did not place the meat in water, he should sell the meat and the bread, observe the seven days of mourning, and then observe the seven days of the wedding celebrations.
If he already placed the meat in water - in which instance, it cannot be resold - the corpse is placed inside a room and the groom and the bride are taken to the wedding canopy. Afterwards, he should engage in the marital relations which are a mitzvah, and then separate from his wife. He should observe the seven days of celebration and then the seven days of mourning.
Throughout the seven days of celebration, he must observe the private aspects of the laws of mourning as is required on the Sabbath. Therefore he should sleep together with other men and his wife should sleep with other women so that they do not engage in relations. For these 30 days, the bride should not be prevented from wearing jewelry.
In a place where it is possible to sell the meat even though it was placed in water, it should be sold and the mourning period observed first. In a place where it is impossible to sell the meat even though it was not placed in water, the wedding celebrations should be observed first.
When does the above apply? When the father of the groom or the mother of the bride die. For if this feast is spoiled, they have no one to work to prepare another for them. If, however, the father of the bride, the mother of the groom, or other relatives die, one should observe the mourning period first. Only afterwards, should he enter the marriage canopy and observe the seven days of wedding celebrations.
Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007
Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI
License: CC-BY-NC