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Rambam - 3 Chapters a Day

Avel - Chapter 12, Avel - Chapter 13, Avel - Chapter 14

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Avel - Chapter 12

1A eulogy1 is an honor for the deceased.2 Therefore we compel the heirs3 to pay the wages of the men and women who recite l aments and they eulogize him. If the deceased directed that he not be eulogized, we do not eulogize him.4 If, however, he directed that he not be buried, we do not heed him, for burial is a mitzvah,5 as Deuteronomy 21:22 states: “And you shall certainly bury him.”אהַהֶסְפֵּד כְּבוֹד הַמֵּת הוּא. לְפִיכָךְ כּוֹפִין אֶת הַיּוֹרְשִׁין לִתֵּן שְׂכַר הַמְּקוֹנְנִים וְהַמְּקוֹנְנוֹת וְסוֹפְדִין אוֹתוֹ. וְאִם צִוָּה שֶׁלֹא יִסְפְּדוּהוּ - אֵין סוֹפְדִין אוֹתוֹ. אֲבָל אִם צִוָּה שֶׁלֹּא יִקָּבֵר - אֵין שׁוֹמְעִין לוֹ, שֶׁהַקְּבוּרָה מִצְוָה, שֶׁנֶּאֱמַר "כִּי קָבוֹר תִּקְבְּרֶנּוּ" (דברים כא, כב).
2Anyone who is sluggish with regard to the eulogy for a sage will not live long.6 Anyone who is sluggish with regard to the eulogy of an upright person is fit to be buried in his lifetime. Anyone who sheds tears for an upright person will have his reward for this guarded by the Holy One, blessed be He.7בכָּל הַמִּתְעַצֵּל בְּהֶסְפֵּדוֹ שֶׁל חָכָם, אֵינוֹ מַאֲרִיךְ יָמִים. וְכָל הַמִּתְעַצֵּל בְּהֶסְפֵּד אָדָם כָּשֵׁר, רָאוּי לְקָבְרוֹ בְּחַיָּיו. וְכָל הַמּוֹרִיד דְּמָעוֹת עַל אָדָם כָּשֵׁר, הֲרֵי שְׂכָרוֹ עַל כָּךְ שָׁמוּר אֵצֶל הַקָּדוֹשׁ בָּרוּךְ הוּא.
3We do not place a Torah scroll on the bier of a sage.8 We do not change him from one bier to another.9 We take his bier out only through the doorway;10 we do not lower it to remove it through the gardens. For others, this is permitted.גאֵין מַנִּיחִין סֵפֶר תּוֹרָה עַל מִטָּתוֹ שֶׁל חָכָם, וְאֵין מְשַׁנִּין אוֹתוֹ מִמִּטָּה לְמִטָּה, וְאֵין מוֹצִיאִין מִטָּתוֹ אֶלָא דֶּרֶךְ פְּתָחִים, לֹא שֶׁיְּשַׁלְשְׁלוּהָּ דֶּרֶךְ גַּגוֹת. וּבִשְׁאָר הָעָם - מֻתָּר לַעֲשׂוֹת.
4We rise and sit no less than seven times11 in honor of a deceased person. There should be no less than ten men who rise and sit. Only relatives should participate. This rite is carried out only on the first day, in the cemetery, in communities where it is customary to observe it. How is this rite carried out in communities where it is customary to observe it? We have the other relatives and the members of the family who are not required to mourn stand and we recite dirges and the like in their presence.12 Afterwards, one says: “Sit honored persons, sit.” He then recites other statements of lament before them while they are sitting and then says: “Stand honored persons, stand.” He then speaks again while they are standing and repeats this pattern seven times.דאֵין פּוֹחֲתִין מִשִּׁבְעָה מַעֲמָדוֹת לְמֵּת. וְאֵין עוֹשִׂין מַעֲמָד וּמוֹשָׁב בְּפָחוֹת מֵעֲשָׂרָה. וְאֵין עוֹשִׂין אֶלָא בַּקְּרוֹבִים. וְאֵין עוֹשִׂין אֶלָא בְּיוֹם רִאשׁוֹן, וּבְבֵית הַקְּבָרוֹת, וּבְמָקוֹם שֶׁנָּהֲגוּ. כֵּיצַד עוֹשִׂין בְּמָקוֹם שֶׁנָּהֲגוּ? מַעֲמִידִין שְׁאָר הַקְּרוֹבִים וּבְנֵי מִשְׁפָּחָה שְׁאֵינָן בְּנֵי אֵבֶל, וְאוֹמְרִין לִפְנֵיהֶם דִּבְרֵי קִינוֹת וְכַיּוֹצֵא בָּהֶן. וְאַחַר כָּךְ אוֹמֵר 'שְׁבוּ יְקָרִים שֵׁבוּ', וְאוֹמֵר לִפְנֵיהֶם דְּבָרִים אֲחֵרִים כְּשֶׁהֵן יוֹשְׁבִין. וְאַחַר כָּךְ 'עִמְדוּ יְקָרִים עֲמֹדוּ', וְאוֹמֵר כְּשֶׁהֵן עוֹמְדִין. וְחוֹזֵר וְאוֹמֵר כָּךְ, שִׁבְעָה פְּעָמִים.
5Just as we rise and sit in honor of men in places where this custom is observed, we observe the same rites in honor of women.13 Never, however, do we leave the bier of a women in the public thoroughfare, for this is considered disrespectful for a woman. Instead, she is buried directly after her death.14הכְּדֶרֶךְ שֶׁעוֹשִׂין מַעֲמָד וּמוֹשָׁב לַאֲנָשִׁים בְּמָקוֹם שֶׁנָּהֲגוּ, כָּךְ עוֹשִׂין לַנָּשִׁים. וּמַסְפִּידִין אֶת הַנָּשִׁים כָּאֲנָשִׁים, בְּכָל מָקוֹם. אֲבָל אֵין מַנִּיחִין מִטַּת הָאִשָּׁה בָּרְחוֹב לְעוֹלָם, שֶׁזֶּה גְּנַאי לָאִשָּׁה, אֶלָא סָמוּךְ לְמִיתָתָהּ, קְבוּרָתָהּ.
6When a person gathers the bones of a deceased,15 mourning dirges and lamentations should not be recited, not should the mourning blessing or words of comfort for mourners be said. Instead, we recite only words of praise to the Holy One, blessed be He,16 and exhortations to repentance.והַמְּלַקֵּט עֲצָמוֹת - אֵין אוֹמְרִין עֲלֵיהֶם קִינִים וָנֶהִי, וְלֹא בִּרְכַת אֲבֵלִים, וְלֹא תַּנְחוּמֵי אֲבֵלִים. אֲבָל אוֹמְרִין עֲלֵיהֶן דִּבְרֵי שֶׁבַח לְהַקָּדוֹשׁ בָּרוּךְ הוּא, וְדִבְרֵי כִּבּוּשִׁין.
7The following rules apply when a person moves the coffin of a person from one place to another. If the corpse’s backbone is intact, we stand in a line for him, recite the mourning blessing and the words of comfort for mourners. We eulogize him even if his bones were moved after twelve months after his death. If its backbone is not intact, we do not eulogize him. We do not stand in a line for him, nor do we recite the mourning blessing and the words of comfort for mourners. The term “mourning blessing” refers to what is said in the mourners’ home.17 The words of comfort for mourners refers to what is said when standing in a line.18זהַמְּפַנֶּה אֲרוֹנוֹ שֶׁל מֵּת מִמָּקוֹם לְמָקוֹם: אִם שִׁדְרוֹ שֶׁל מֵּת קַיֶּמֶת - עוֹמְדִין עָלָיו בַּשּׁוּרָה, וְאוֹמְרִין עָלָיו בִּרְכַת אֲבֵלִים וְתַנְחוּמֵי אֲבֵלִים, וּמַסְפִּידִין אוֹתוֹ, אַף עַל פִּי שֶׁהֶעֱבִירוּהוּ לְאַחַר שְׁנֵים עָשָׂר חֹדֶשׁ. וְאִם אֵין שִׁדְרוֹ קַיֶּמֶת - אֵין מַסְפִּידִין אוֹתוֹ, וְאֵין עוֹמְדִין עָלָיו בַּשּׁוּרָה, וְאֵין אוֹמְרִין עָלָיו לֹא בִּרְכַת אֲבֵלִים וְלֹא תַּנְחוּמֵי אֲבֵלִים. וְאֵלּוּ הֵן 'בִּרְכַת אֲבֵלִים' - דְּבָרִים שֶׁאוֹמְרִין בְּבֵית הָאָבֵל, 'תַּנְחוּמֵי אֲבֵלִים' - שֶׁאוֹמְרִים בְּשּׁוּרָה.
8When a person gathers19 the bones of his father and his mother, he should mourn for them for that entire day.20 In the evening, he should not mourn even though they are bound up in his sheet. One does not recite mourning dirges.21חהַמְּלַקֵּט עַצְמוֹת אָבִיו וְאִמּוֹ - הֲרֵי זֶה מִתְאַבֵּל עֲלֵיהֶם כָּל הַיּוֹם כֻּלּוֹ; וְלָעֶרֶב - אֵין מִתְאַבֵּל, אַפִלּוּ צְרוּרִין לוֹ בִּסְדִינוֹ. וְאֵין אוֹמְרִין עֲלֵיהֶם קִינוֹת.
9We do not eulogize children. How old must a child be to be fit to be eulogized? For the children of the poor or the children of the elderly, five years old. For the children of the wealthy, six years old.22 This applies to both boys and girls.טאֵין מַסְפִּידִין אֶת הַקְּטַנִּים. וּבֶן כַּמָּה שָׁנִים יִהְיֶה רָאוּי לְהֶסְפֵּד? בְּנֵי עֲנִיִּים אוֹ בְּנֵי זְקֵנִים - בְּנֵי חָמֵשׁ; וּבְנֵי עֲשִׁירִים - בְּנֵי שֵׁשׁ. אֶחָד זְכָרִים וְאֶחָד נְקֵבוֹת.
10The following rules apply when a child dies. If he dies within 30 days of birth, he should be carried in one’s bosom23 and buried with one woman and two men in attendance. He should not be buried with one man and two women in attendance because of the prohibition against men and woman being together alone.24 We do not stand in a line because of him, nor do we recite the mourning blessing or the words of comfort for mourners.25 When a child was a full 30 days old,26 his corpse should be carried in a small coffin that can be carried on one’s forearms. We stand in a line because of him and recite the mourning blessing and the words of comfort for mourners. A child of twelve months is carried out in a bier.27יתִּינוֹק שֶׁמֵּת: כָּל שְׁלוֹשִׁים יוֹם - יוֹצֵא בְּחֵיק, וְנִקְבָּר בְּאִשָּׁה אַחַת וּבִשְׁנֵי אֲנָשִׁים; אֲבָל לֹא בְּאִישׁ אֶחָד וּבִשְׁתֵּי נָשִׁים, מִפְּנֵי הַיִּחוּד. וְאֵין עוֹמְדִין עָלָיו בַּשּׁוּרָה, וְאֵין אוֹמְרִין עָלָיו בִּרְכַת אֲבֵלִים וְלֹא תַּנְחוּמֵי אֲבֵלִים. בֶּן שְׁלוֹשִׁים יוֹם גְּמוּרִין - יוֹצֵא בִּגְלוֹסְקְמָא קְטַנָּה הַנִּטֶּלֶת בָּאֲגַפַּיִם, וְעוֹמְדִין עָלָיו בַּשּׁוּרָה, וְאוֹמְרִין עָלָיו בִּרְכַת אֲבֵלִים וְתַנְחוּמֵי אֲבֵלִים. בֶּן שְׁנֵים עָשָׂר חֹדֶשׁ - יוֹצֵא בַּמִּטָּה.
11Whenever a corpse is taken out in a bier,28 people at large should grieve for him.29 Whenever it is not taken out in a bier,30 people at large need not grieve for him. Whenever anyone is known to people at large,31 people at large should occupy themselves with his burial. When one is not known to people at large, people at large need not occupy themselves with his burial. In a place where it is customary for women to walk before the bier, they walk before the bier;32 where it is customary for them to walk after the bier, they walk after the bier.33יאכָּל הַיוֹצֵא בַּמִּטָּה, רַבִּים מַצְהִיבִין עָלָיו; וְכָל שֶׁאֵינוֹ יוֹצֵא בַּמִּטָּה, אֵין הָרַבִּים מַצְהִיבִין עָלָיו. וְכָל הַנִּכָּר לָרַבִּים, רַבִּים מִתְעַסְּקִין בּוֹ; וְכָל שֶׁאֵינוֹ נִכָּר לָרַבִּים, אֵין הָרַבִּים חַיָּבִין לְהִתְעַסֵּק בּוֹ. וּמָקוֹם שֶׁנָּהֲגוּ נָשִׁים לָצֵאת לִפְנֵי הַמִּטָּה - יוֹצְאוֹת לִפְנֵי הַמִּטָּה; לְאַחַר הַמִּטָּה - יוֹצְאוֹת לְאַחַר הַמִּטָּה.
12We do not eulogize servants and maidservants.34 Nor do we stand in a line because of them, nor do we recite the mourning blessing nor the words of comfort for mourners. Instead, we tell the master, “May the Omnipresent replenish your loss,” as we would say if one lost an ox or a donkey.יבהָעֲבָדִים וְהַשְּׁפָחוֹת - אֵין מַסְפִּידִין אוֹתָן, וְאֵין עוֹמְדִין עֲלֵיהֶם בַּשּׁוּרָה; וְאֵין אוֹמְרִין עֲלֵיהֶם בִּרְכַת אֲבֵלִים וְתַּנְחוּמֵי אֲבֵלִים, אֶלָא אוֹמְרִין לוֹ כְּשֵׁם שֶׁאוֹמְרִין לוֹ עַל שׁוֹרוֹ וַחֲמוֹרוֹ שֶׁמֵּת 'הַמָּקוֹם יְמַלֵּא חֶסְרוֹנְךָ'.

Avel - Chapter 13

1How are mourners comforted? After the deceased is buried, the mourners gather together and stand at the side of the cemetery. All of those who attended the funeral stand around them, line after line.1 A line may not be less than ten and the mourners are not included in the reckoning.2אכֵּיצַד מְנַחֲמִין אֶת הָאֲבֵלִים? אַחַר שֶׁקּוֹבְרִין אֶת הַמֵּת, מִתְקַבְּצִין הָאֲבֵלִים וְעוֹמְדִין בְּצַד בֵּית הַקְּבָרוֹת; וְכָל הַמְּלַוִּין אֶת הַמֵּת עוֹמְדִין סָבִיב לָהֶם, שׁוּרָה לִפְנֵי שׁוּרָה, וְאֵין שׁוּרָה פְּחוּתָה מֵעֲשָׂרָה, וְאֵין אֲבֵלִים מִן הַמִּנְיָן.
2The mourners stand at the left side of the comforters and the comforters pass by the mourners one by one and tell them: “May you be comforted from heaven.”3 Afterwards, the mourner goes home. On each of the seven days of mourning, people come to comfort him. Whether new people come or not, the others still comfort him.4בהָאֲבֵלִים עוֹמְדִין לִשְׂמֹאל הַמְּנַחֲמִין, וְכָל הַמְּנַחֲמִין בָּאִים אֵצֶל הָאֲבֵלִים אֶחָד אֶחָד, וְאוֹמְרִין לָהֶם 'תְּנֻחֲמוּ מִן הַשָּׁמַיִם'. וְאַחַר כָּךְ הוֹלֵךְ הָאָבֵל לְבֵיתוֹ. וּבְכָל יוֹם וָיוֹם מִשִּׁבְעַת יְמֵי אֲבֵלוּת, בָּאִים בְּנֵי אָדָם לְנַחֲמוֹ, בֵּין שֶׁבָּאוּ פָּנִים חֲדָשׁוֹת בֵּין שֶׁלֹּא בָאוּ.
3The mourner sits at the head of the company. The comforters are permitted to sit only on the ground,5 as Job 2:13 states:6 “And they sat with him on the ground.” They are not permitted to say anything until the mourner opens his mouth first,7 as it is written (ibid.): “And no one spoke anything to him.” And it states (ibid. 3:1, 4:1): “And then Job held forth.... And Eliphaz responded.” Once the mourner shakes his head,8 the comforters are no longer permitted to sit with him, so that they do not trouble him overly so.9גהָאָבֵל מֵסֶב בָּרֹאשׁ. וְאֵין הַמְּנַחֲמִין רַשָּׁאִין לֵישֵׁב אֶלָא עַל גַּבֵּי קַרְקַע, שֶׁנֶּאֱמַר "וַיֵּשְׁבוּ אִתּוֹ לָאָרֶץ" (איוב ב, יג). וְאֵינָן רַשָּׁאִין לוֹמַר דָּבָר עַד שֶׁיִּפְתַּח הָאָבֵל אֶת פִּיו תְּחִלָּה, שֶׁנֶּאֱמַר "וְאֵין דֹּבֵר אֵלָיו דָּבָר" (שם), וּכְתִיב "אַחֲרֵי כֵן פָּתַח אִיּוֹב אֶת פִּיהוּ וַיְקַלֵּל אֶת יוֹמוֹ" (איוב ג, א), "וַיַּעַן אֱלִיפַז" (איוב ד, א). וְכֵיוָן שֶׁנִּעְנַע הָאָבֵל בְּרֹאשׁוֹ - שׁוּב אֵין הַמְּנַחֲמִין רַשָּׁאִין לֵישֵׁב אֶצְלוֹ, שֶׁלֹּא יַטְרִיחוּהוּ יוֹתֵר מִדַּי.
4When a deceased person has no mourners who must be comforted,10 ten upright men from the community at large come and sit in his place throughout the seven days of mourning.11 Others gather around them.דמֵת שֶׁאֵין לוֹ אֲבֵלִים לְהִתְנַחֵם - בָּאִים עֲשָׂרָה בְּנֵי אָדָם כְּשֵׁרִין וְיוֹשְׁבִין בִּמְקוֹמוֹ כָּל שִׁבְעַת יְמֵי הָאֲבֵלוּת, וּשְׁאָר הָעָם מִתְקַבְּצִין עֲלֵיהֶן.
If there are not ten fixed people who remain throughout the seven days, each day, ten other people are selected and they sit in his place.וְאִם לֹא הָיוּ שָׁם עֲשָׂרָה קְבוּעִין בְּכָל יוֹם וָיוֹם - מִתְקַבְּצִין עֲשָׂרָה מִשְּׁאָר הָעָם וְיוֹשְׁבִין בִּמְקוֹמוֹ.
5Everyone is obligated to stand in front of a nasi except a mourner and sick person.12 To all who stand in his presence, he says: “Sit,” with the exception of a mourner and sick person,13 for that would imply: “Remain in your mourning,” “Remain in your illness.”ההַכֹּל חַיָּבִין לַעֲמֹד בִּפְנֵי נָשִׂיא, חוּץ מֵאָבֵל וְחוֹלֶה. וּלְכָל הָעוֹמֵד מִפָּנָיו אוֹמֵר לוֹ 'שֵׁב', חוּץ מֵאָבֵל וְחוֹלֶה – שֶׁמַּשְׁמַע 'יֵשֵׁב בְּאֶבְלוֹ', 'יֵשֵׁב בְּחָלְיוֹ'.
6We sweep and we mop in a mourner’s home. We wash plates, cups, pitchers, and bottles, and light lamps.14 We do not, however, bring incense or spices.15ומְכַבְּדִין וּמְרַבְּצִין בְּבֵית הָאָבֵל, וּמְדִיחִין קְעָרוֹת וְכוֹסוֹת וְקִיתוֹנוֹת וּצְלוֹחִיּוֹת, וּמַדְלִיקִין אֶת הַנֵּרוֹת. אֲבָל אֵין מְבִיאִין שָׁם לֹא אֶת הַמֻּגְמָר וְלֹא אֶת הַבְּשָׂמִים.
7We do not bring the food for the meal of comfort to a mourner’s home in silver or cork16 utensils or the like, but wicker-work baskets of planed willow trees or the like so as not to embarrass a person who lacks means.17 Similarly, beverages are not poured in clear glasses rather than colored ones18 so as not to embarrass the poor whose wine is not of a high quality.זאֵין מוֹלִיכִין לְבֵית הָאָבֵל הַמַּאֲכָל שֶׁמַּבְרִין בּוֹ לֹא בִּכְלֵי כֶּסֶף וְלֹא בִּכְלֵי שַׁעַם וְכַיּוֹצֵא בָּהֶן, אֶלָא בִּכְלֵי נְסָרִים שֶׁל עֲרָבָה קְלוּפָה וְכַיּוֹצֵא בָּהֶן; שֶׁלֹּא לְבַיֵּשׁ אֶת מִי שֶׁאֵין לוֹ. וְאֵין מַשְׁקִין בִּזְכוּכִית לְבָנָה אֶלָא בִּצְבוּעָה, שֶׁלֹּא לְבַיֵּשׁ אֶת הָעֲנִיִּים שֶׁאֵין יֵינוֹתֵיהֶן טוֹבוֹת.
8No one person should drink more than ten cups of wine in the house of a mourner: three before the meal, three during the meal, and four afterwards. One should not drink more lest he become intoxicated.19חאֵין שׁוֹתִין בְּבֵית הָאָבֵל יָתֵר עַל עֲשָׂרָה כּוֹסוֹת לְכָל אֶחָד וְאֶחָד - שְׁלוֹשָׁה קֹדֶם אֲכִילָה, וּשְׁלוֹשָׁה בְּתוֹךְ אֲכִילָה, וְאַרְבָּעָה אַחַר אֲכִילָה. וְלֹא יוֹסִיף, שֶׁמָּא יִשְׁתַּכֵּר.
9We do not relate teachings of Torah law or homiletic insights in the home of a mourner.20 Instead, we sit in grief.21 In the presence of a corpse, we speak only of matters related to the corpse.22 To be involved in Torah study in the presence of a corpse or in a cemetery is forbidden.23טאֵין אוֹמְרִין שְׁמוּעָה וְהַגָּדָה בְּבֵית הָאָבֵל, אֶלָא יוֹשְׁבִין דָּוִין. וְכֵן אֵין אוֹמְרִין בִּפְנֵי הַמֵּת, אֶלָא דְּבָרִים שֶׁל מֵּת; אֲבָל לַעְסֹק בְּדִבְרֵי תּוֹרָה בְּפָנָיו, אוֹ בְּבֵית הַקְּבָרוֹת - אָסוּר.
10One should not cry over the deceased for more than three days and one should not eulogize him for more than seven. When does the above apply? To people at large.יאֵין בּוֹכִין עַל הַמֵּת יָתֵר מִשְּׁלוֹשָׁה יָמִים, וְאֵין מַסְפִּידִין יָתֵר עַל שִׁבְעָה. בַּמֶּה דְּבָרִים אֲמוּרִים? בִּשְׁאָר הָעָם.
With regard to Torah scholars, by contrast, everything depends on their wisdom. In any case, we do not cry over them for more than 30 days, for we have no one greater than Moses our teacher and concerning him, Deuteronomy 34:8 states: “The children of Israel cried over Moses... for 30 days and the days of crying in mourning for Moses concluded.” We do not eulogize for more than twelve months, for we have no one of greater wisdom than our holy teacher,24 and he was eulogized for only twelve months. Similarly, if a report of a wise man’s death reaches us after twelve months, we do not eulogize him.25אֲבָל תַּלְמִידֵי חֲכָמִים - הַכֹּל לְפִי חָכְמָתָן. וְאֵין בּוֹכִין עֲלֵיהֶם יוֹתֵר מִשְּׁלוֹשִׁים יוֹם - שֶׁאֵין לָנוּ גָּדוֹל מִמֹּשֶׁה רַבֵּנוּ, וְכָתוּב "וַיִּתְּמוּ יְמֵי בְכִי אֵבֶל מֹשֶׁה" (דברים לד, ח). וְכֵן אֵין מַסְפִּידִין יָתֵר עַל שְׁנֵים עָשָׂר חֹדֶשׁ - אֵין לָנוּ בַּחֲכָמִים גָּדוֹל מֵרַבֵּנוּ הַקָּדוֹשׁ, וּשְׁנֵים עָשָׂר חֹדֶשׁ בִּלְבַד נִסְפַּד. וְכֵן חָכָם שֶׁבָּאָה שְׁמוּעָתוֹ לְאַחַר שְׁנֵים עָשָׂר חֹדֶשׁ, אֵין סוֹפְדִין אוֹתוֹ.
11A person should not become excessively broken hearted because of a person’s death, as Jeremiah 22:10 states: “Do not weep for a dead man and do not shake your head because of him.” That means not to weep excessively.26 For death is the pattern of the world. And a person who causes himself grief because of the pattern of the world is a fool. What should one do? Weep for three days, eulogize for seven, and observe the restrictions on cutting one’s hair and the other five matters for 30 days.27יאאַל יִתְקַשֶּׁה אָדָם עַל מֵתוֹ יָתֵר מִדַּי, שֶׁנֶּאֱמַר "אַל תִּבְכּוּ לְמֵת וְאַל תָּנֻדוּ לוֹ" (ירמיהו כב,י) - כְּלוֹמַר: יָתֵר מִדַּי. שֶׁזֶּה הוּא מִנְהָגוֹ שֶׁל עוֹלָם; וְהַמְּצַעֵר עַצְמוֹ עַל מִנְהַג הָעוֹלָם, הֲרֵי זֶה טִפֵּשׁ. אֶלָא כֵּיצַד יַעֲשֶׂה? שְׁלוֹשָׁה לִבְכִי, שִׁבְעָה לְהֶסְפֵּד, שְׁלוֹשִׁים יוֹם לְתִסְפֹּרֶת וְלִשְׁאָר הַחֲמִשָּׁה דְבָרִים.
12Whoever does not mourn over his dead in the manner which our Sages commanded is cruel. Instead, one should be fearful, worry, examine his deeds and repent.28 If one member of a group dies, the entire group should worry.29 For the first three days, one should see himself as if a sword is drawn over his neck. From the third day until the seventh, he should consider it as if it is in the corner. From that time onward,30 as if it is passing before him in the market place. All of this is so that a person should prepare himself and repent and awake from his sleep.31 Behold it is written Jeremiah 5:3: “You have stricken them, but they have not trembled.” Implied is that one should awake and tremble.יבכָּל מִי שֶׁלֹּא מִתְאַבֵּל כְּמוֹ שֶׁצִּוּוּ חֲכָמִים, הֲרֵי זֶה אַכְזָרִי. אֶלָא יִפְחַד וְיִדְאַג וִיפַשְׁפֵּשׁ בְּמַעֲשָׂיו וְיַחֲזֹר בִּתְשׁוּבָה. וְאֶחָד מִבְּנֵי חֲבוּרָה שֶׁמֵּת, תִּדְאַג כָּל הַחֲבוּרָה כֻּלָּהּ. כָּל שְׁלוֹשָׁה יָמִים הָרִאשׁוֹנִים, יִרְאֶה אֶת עַצְמוֹ כְּאִלּוּ חֶרֶב מֻנַּחַת לוֹ עַל צַוָארוֹ; מִשְּׁלוֹשָׁה וְעַד שִׁבְעָה, מֻנַּחַת בְּקֶרֶן זָוִית; מִכָּאן וְאֵילָּךְ, עוֹבֶרֶת כְּנֶגְדוֹ בַּשּׁוּק. כָּל זֶה כְּדֵי לְהָכִין עַצְמוֹ לַחֲזֹר, וְיֵעוֹר מִשִּׁינָתוֹ, וַהֲרֵי הוּא אוֹמֵר "הִכִּיתָה אֹתָם וְלֹא חָלוּ" (ירמיהו ה, ג) - מִכְּלַל שֶׁצָּרִיךְ לְהָקִיץ וְלָחוּל.

Avel - Chapter 14

1It is a positive commandment of Rabbinic origin1 to visit the sick, comfort mourners, to prepare for a funeral,2 prepare a bride,3 accompany guests, attend to all the needs of a burial, carry a corpse on one’s shoulders,4 walk before the bier, mourn, dig a grave, and bury the dead, and also to bring joy to a bride and groom and help them in all their needs. These are deeds of kindness that one carries out with his person that have no limit.5 Although all these mitzvot are of Rabbinic origin, they are included in the Scriptural commandment Leviticus 19:18: “Love your neighbor as yourself.”6 That charge implies that whatever you would like other people to do for you, you should do for your comrade in the Torah and mitzvot.7אמִצְוַת עֲשֵׂה שֶׁל דִבְרֵיהֶם לְבַקֵּר חוֹלִים, וּלְנַחֵם אֲבֵלִים, וּלְהוֹצִיא הַמֵּת, וּלְהַכְנִיס הַכַּלָּה, וּלְלַוּוֹת הָאוֹרְחִים, וְלַעֲסֹק בְּכָל צָרְכֵּי הַקְּבוּרָה: לָשֵׂאת עַל הַכָּתֵף, וְלֵילֵךְ לְפָנָיו, וְלִסְפֹּד, וְלַחְפֹּר, וְלִקְבֹּר. וְכֵן לְשַׂמֵּחַ הַכַּלָּה וְהֶחָתָן, וּלְסַעֲדָם בְּכָל צָרְכֵּיהֶם. וְאֵלּוּ הֵן גְּמִילוּת חֲסָדִים שֶׁבְּגוּפוֹ, שֶׁאֵין לָהֶם שִׁעוּר. אַף עַל פִּי שֶׁכָּל מִצְוֹת אֵלּוּ מִדִּבְרֵיהֶם, הֲרֵי הֵן בִּכְלַל "וְאָהַבְתָּ לְרֵעֲךָ כָּמוֹךָ" (ויקרא יט, יח). כָּל הַדְּבָרִים שֶׁאַתָּה רוֹצֶה שֶׁיַּעֲשׂוּ אוֹתָם לְךָ אֲחֵרִים, עֲשֵׂה אוֹתָן אַתָּה לְאָחִיךָ בַּתּוֹרָה וּבַמִצְוֹת.
2The reward one receives for accompanying guests is greater than all of the others.8 This is a statute which Abraham our Patriarch instituted and the path of kindness which he would follow. He would feed wayfarers, provide them with drink, and accompany them.9 Showing hospitality for guests surpasses receiving the Divine Presence as Genesis 18:2 states: “And he saw and behold there were three people.”10בשְׂכַר הַלְּוָיָה מְרֻבֶּה מִן הַכֹּל. וְהוּא הַחֹק שֶׁחֲקָקוֹ אַבְרָהָם אָבִינוּ וְדֶרֶךְ הַחֶסֶד שֶׁנָּהַג בָּהּ - מַאֲכִיל עוֹבְרֵי דְּרָכִים, וּמַשְׁקֶה אוֹתָן, וּמְלַוֶּה אוֹתָן. וּגְדוֹלָה הַכְנָסַת אוֹרְחִים מֵהַקְבָּלַת פְּנֵי שְׁכִינָה, שֶׁנֶּאֱמַר "וַיַּרְא וְהִנֵּה שְׁלֹשָׁה אֲנָשִׁים..." (בראשית יח, ב).
Accompanying them is greater than showing them hospitality. Our Sages said:11 “Whoever does not accompany them is considered as if he shed blood.”וְלִוּוּיָם, יוֹתֵר מֵהַכְנָסָתָן. אָמְרוּ חֲכָמִים: כָּל שֶׁאֵינוֹ מְלַוֶּה כְּאִלּוּ שׁוֹפֵךְ דָּמִים.
3We compel people to accompany wayfarers in the same manner as we compel them to give charity.12 The court would prepare agents to accompany people who travel from place to place. If they were lax in this matter, it is considered as if they shed blood. Even a person who accompanies a colleague for four cubits will receive a great reward.13גכּוֹפִין לִלְּוָיָה, כְּדֶרֶךְ שֶׁכּוֹפִין לַצְּדָקָה. וּבֵית דִּין הָיוּ מְתַקְּנִין שְׁלוּחִין לְלַוּוֹת אָדָם הָעוֹבֵר מִמָּקוֹם לְמָקוֹם. וְאִם נִתְעַצְּלוּ בְּדָבָר זֶה, מַעֲלֶה עֲלֵיהֶם הַכָּתוּב כְּאִלּוּ שָׁפְכוּ דָּמִים. אַפִלּוּ הַמְּלַוֶּה אֶת חֲבֵרוֹ אַרְבַּע אַמּוֹת בָּעִיר, יֵשׁ לוֹ שָׂכָר מְרֻבֶּה.
What is the extent to which a person must accompany a colleague? A teacher must accompany his student to the outskirts of the city.14 A person must accompany a colleague to the city’s Sabbath limits.15 A student must accompany his teacher for a parsah.16 If he was his master teacher,17 he must accompany him until three parseot.וְכַמָּה הוּא שִׁעוּר הַלְּוָיָה שֶׁחַיָּב אָדָם בָּהּ? הָרַב לַתַּלְמִיד, עַד עִבּוּרָהּ שֶׁל עִיר. וְהָאִישׁ לַחֲבֵרוֹ, עַד תְּחוּם הַשַּׁבָּת. וְהַתַּלְמִיד לָרַב, עַד פַּרְסָה. וְאִם הָיָה רַבּוֹ מֻבְהָק, עַד שָׁלוֹשׁ פַּרְסָאוֹת.
4It is a mitzvah incumbent on everyone to visit the sick. Even a person of great spiritual stature should visit one of lesser stature. One may visit many times during the day. Whoever increases the frequency of his visits is praiseworthy provided he does not become burdensome. Whoever18 visits a sick person removes a portion of his sickness and relieves him. Whoever does not visit the sick is consider as if he shed blood.19דבִּקּוּר חוֹלִים מִצְוָה עַל הַכֹּל - אַפִלּוּ גָּדוֹל מְבַקֵּר אֶת הַקָּטָן. וּמְבַקְּרִין פְּעָמִים הַרְבֵּה בַּיּוֹם. וְכָל הַמּוֹסִיף, מְשֻׁבָּח. וּבִלְבָד, שֶׁלֹּא יַטְרִיחַ. וְכָל הַמְּבַקֵּר אֶת הַחוֹלֶה, כְּאִלּוּ נָטַל חֵלֶק מֵחָלְיוֹ וְהֵקֵל מֵעָלָיו; וְכָל שֶׁאֵינוֹ מְבַקֵּר, כְּאִלּוּ שׁוֹפֵךְ דָּמִים.
5We do not visit the sick except from the third day onward.20 If, however, a person became ill suddenly and his illness became very severe, he should be visited immediately. We do not visit the sick during the first three hours of the day, nor in the last three hours because his attendants are tending to the sick person’s needs.21 We do not visit patients with stomach illnesses, eye illnesses, or headaches because the visits are difficult for them.22האֵין מְבַקְּרִין אֶת הַחוֹלֶה אֶלָא מִיּוֹם שְׁלִישִׁי וָהָלְאָה. וְאִם קָפַץ עָלָיו הַחֹלִי וְהִכְבִּיד - מְבַקְּרִין אוֹתוֹ מִיָּד. וְאֵין מְבַקְּרִין לֹא בְּשָׁלוֹשׁ שָׁעוֹת רִאשׁוֹנוֹת בַּיּוֹם וְלֹא בְּשָׁלוֹשׁ אַחֲרוֹנוֹת, מִפְּנֵי שֶׁהֵן מִתְעַסְּקִין בְּצָרְכֵּי הַחוֹלֶה. וְאֵין מְבַקְּרִין לֹא חוֹלֵי מֵעַיִם וְלֹא חוֹלֵי הָעַיִן וְלֹא מְחוּשֵׁי הָרֹאשׁ - מִפְּנֵי שֶׁהַבִּקּוּר קָשֶׁה לָהֶן.
6When one comes to visit a sick person, he should not sit on a bed, nor on a chair, nor on a bench, nor on a high place,23 nor above the invalid’s head. Instead, he should wrap himself in a tallit, sit below his head,24 entreat God for mercy on his behalf and depart.והַנִּכְנָס לְבַקֵּר אֶת הַחוֹלֶה - לֹא יֵשֵׁב לֹא עַל גַּבֵּי מִטָּה, וְלֹא עַל גַּבֵּי סַפְסַל, וְלֹא עַל גַּבֵּי כִּסֵּא, וְלֹא עַל גַּבֵּי מָקוֹם גָּבוֹהַּ, וְלֹא לְמַעְלָה מִמְּרַאֲשׁוֹתָיו. אֶלָא מִתְעַטֵּף וְיוֹשֵׁב לְמַטָּה מִמְּרַאֲשׁוֹתָיו, וּמְבַקֵּשׁ עָלָיו רַחֲמִים, וְיוֹצֵא.
7It appears to me that comforting mourners takes precedence over visiting the sick. For comforting mourners is an expression of kindness to the living and the dead.25זיֵרָאֶה לִי שֶׁנֶּחָמַת אֲבֵלִים קוֹדֶמֶת לְבִקּוּר חוֹלִים, שֶׁנִּחוּם אֲבֵלִים גְּמִילוּת חֶסֶד עִם הַחַיִּים וְעִם הַמֵּתִים.
8When a person is faced with either tending to a corpse or a bride, he should leave the bride and occupy himself with the corpse. Thus Ecclesiastes 7:4 states: “The heart of the wise is in the house of mourning.”26חמִי שֶׁהָיָה לְפָנָיו מֵת וְכַלָּה - מַנִּיחַ אֶת הַכַּלָּה וּמִתְעַסֵּק עִם הַמֵּת. וְכֵן הוּא אוֹמֵר "לֵב חֲכָמִים בְּבֵית אֵבֶל" (קהלת ז, ד).
When a corpse and a bride confront each other on a road,27 the corpse is turned aside before the bride.28 Both of these should turn aside before a king.29מֵת וְכַלָּה שֶׁנִּפְגְעוּ זֶה בְּזֶה בַּדֶּרֶךְ, מַעֲבִירִין אֶת הַמֵּת מִלִּפְנֵי הַכַּלָּה. וְזֶה וָזֶה עוֹבְרִין מִלִּפְנֵי הַמֶּלֶךְ.
9We nullify Torah study for a funeral and for a wedding.30 When does the above apply? When there are not enough people to care for a corpse. If there are enough people to care for it, Torah study should not nullified. Whoever does not occupy himself with Torah study is obligated to occupy himself with the corpse.31טמְבַטְּלִין תַּלְמוּד תּוֹרָה לְהוֹצָאַת הַמֵּת וּלְהַכְנָסַת הַכַּלָּה. בַּמֶּה דְּבָרִים אֲמוּרִים? בְּשֶׁאֵין לוֹ כָּל צָרְכּוֹ; אֲבָל יֵשׁ לוֹ כָּל צָרְכּוֹ, אֵין מְבַטְּלִין. וְכֹּל שֶׁאֵין מִתְעַסְּקִין בְּתַלְמוּד תּוֹרָה, חַיָּבִין לְהִתְעַסֵּק עִמּוֹ.
10If there is one corpse in a city, all the inhabitants of the city are forbidden to perform work until they bury him. If there is a person responsible32 for tending to the needs of the funeral, the others are permitted to work.ימֵת אֶחָד בָּעִיר - כָּל בְּנֵי הָעִיר אֲסוּרִין בַּעֲשִׂיַּת מְלָאכָה עַד שֶׁיִּקְבְּרוּהוּ. וְאִם יֵשׁ לוֹ מִי שֶׁיִּתְעַסֵּק בִּצְרָכָיו, מֻתָּרִין.
11When a Torah scholar33 dies, unless there are 600,000 to accompany him, we nullify Torah study for his funeral.34 If there are 600,000, we do not nullify Torah study. If he would also teach others, there is no limit. Instead, we nullify everyone from their ordinary activity for his
funeral.
יאתַּלְמִיד חָכָם שֶׁמֵּת - אַפִלּוּ הָיוּ עִמּוֹ עַד שִׁשִּׁים רִבּוֹא, מְבַטְּלִין תַּלְמוּד תּוֹרָה לְהוֹצָאָתוֹ. הָיוּ שִׁשִּׁים רִבּוֹא, אֵין מְבַטְּלִין. וְאִם הָיָה מְלַמֵּד לַאֲחֵרִים - אֵין לוֹ שִׁעוּר, אֶלָא מְבַטְּלִין הַכֹּל לְהוֹצָאָתוֹ.
12We bury the dead of the gentiles,35 comfort their mourners, and visit their sick, as an expression of the ways of peace.יבקוֹבְרִין מֵתֵי עוֹבְדֵי כּוֹכָבִים, וּמְנַחֲמִין אֲבֵלֵיהֶם, וּמְבַקְּרִין חוֹלֵיהֶם - מִפְּנֵי דַּרְכֵּי שָׁלוֹם.
13It is forbidden to benefit from a cemetery. What is implied? We do not eat or drink, perform work, read the Torah or study the Oral Law within them. The general principle is: We do not benefit from them36 nor act frivolously within them.37יגבָּתֵּי הַקְּבָרוֹת אֲסוּרִין בַּהֲנָאָה. כֵּיצַד? אֵין אוֹכְלִין בָּהֶן, וְאֵין שׁוֹתִין בָּהֶן, וְאֵין עוֹשִׂין בָּהֶן מְלָאכָה, וְלֹא קוֹרִין בָּהֶן, וְלֹא שׁוֹנִין בָּהֶן. כְּלָלוֹ שֶׁל דָּבָר: אֵין נֵאוֹתִין בָּהֶן, וְלֹא נוֹהֲגִין בָּהֶן קַלּוּת רֹאשׁ.
A person should not walk within four cubits of a grave with tefillin in his hand or a Torah scroll in his arm,38 nor should he pray there.39 At a distance of four cubits, this is permitted.לֹא יֵלֵךְ אָדָם בְּתוֹךְ אַרְבַּע אַמּוֹת שֶׁל קֶּבֶר וּתְפִלִּין בְּיָדוֹ וְסֵפֶר תּוֹרָה בִּזְרוֹעוֹ, וְלֹא יִתְפַּלֵּל שָׁם. וּבְרִחוּק אַרְבַּע אַמּוֹת, מֻתָּר.
14When a person is transporting the bones of a corpse from one place to another, he should not put them in a leather sack, place them on a donkey and ride upon them,40 because this is treating them contemptuously.ידהַמּוֹלִיךְ עֲצָמוֹת מִמָּקוֹם לְמָקוֹם - לֹא יִתְּנֵם בְּדִסְקְיָא, וְלֹא יַנִּיחֵם עַל גַּבֵּי הַחֲמוֹר וְיִרְכַּב עֲלֵיהֶם, מִפְּנֵי שֶׁנּוֹהֵג בָּהֶן מִנְהַג בִּזָּיוֹן.
If he was afraid of thieves or robbers, this is permitted.וְאִם הָיָה מִתְיָרֵא מִפְּנֵי הַגַּנָּבִים אוֹ מִפְּנֵי הַלִּסְטִים - מֻתָּר.
15We do not move a corpse from one grave to another,41 even from a denigrating site to an honorable one. If the grave was located in another person’s property,42 the corpse may be moved even from an honorable site to a denigrating one.43טואֵין מְפַנִּין אֶת הַמֵּת מִקֶּבֶר לְקֶבֶר, אַפִלּוּ מִבָּזוּי לִמְכֻבָּד וְאִם הָיָה בְּתוֹךְ שָׂדֵהוּ - מְפַנֵּהוּ, אַפִלּוּ מִמְּכֻבָּד לְבָזוּי.
16We do not bury one corpse on top of another,44 nor do we bury two corpses together, for this is denigrating.45 A baby who sleeps with his mother may be buried with her.46טזאֵין קוֹבְרִין מֵת עַל גַּבֵּי מֵת, וְלֹא שְׁנֵי מֵתִים כְּאֶחָד שֶׁבִּזָּיוֹן הוּא. וְקָטָן הַיוֹצֵא עִם אִמּוֹ, נִקְבָּר עִמָּהּ.
17It is not forbidden to benefit from the earth of a grave. For ordinary earth never becomes forbidden.47 It is, by contrast, forbidden to benefit from a building which is a grave.יזעֲפַר הַקֶּבֶר אֵינוֹ אָסוּר בַּהֲנָאָה, שֶׁאֵין קַרְקַע עוֹלָם נֶאֱסֶרֶת. אֲבָל קֶבֶר הַבִּנְיָן, אָסוּר בַּהֲנָאָה.
18When a person builds a grave for a deceased person, the grave does not become forbidden until the corpse is placed inside.48 Even if one places a stillborn infant in a grave, the prohibition against benefiting from it takes effect.יחהַבּוֹנֶה קֶבֶר לְמֵת - לֹא נֶאֱסַר עַד שֶׁיִּכָּנֵס בּוֹ הַמֵּת. אַפִלּוּ הִטִּיל בּוֹ נֵפֶל, נֶאֱסַר בַּהֲנָאָה.
19The following rules apply when a monument49 is built for the sake of a living person50 and a corpse51 is placed within. If one row of bricks was added for the sake of the deceased person, it is forbidden to derive benefit from the entire monument even after the corpse was removed from there.52 If one recognized the addition, one may remove it and then the remainder is permitted. If the monument was made for the sake of the deceased,53 once the corpse was placed in it, it becomes forbidden even though the corpse was removed.54יטנֶפֶשׁ שֶׁנַּעֲשָׂה לְשֵׁם חַי, וְשָׂם בּוֹ הַמֵּת, וְהוֹסִיף בּוֹ דִּימוֹס אַחֵר לְשֵׁם הַמֵּת, אַף עַל פִּי שֶׁפִּנָּה הַמֵּת - הַכֹּל אָסוּר בַּהֲנָאָה. וְאִם הִכִּיר אֶת הַתּוֹסֶפֶת - חוֹלֵץ אוֹתָהּ, וְהַשְּׁאָר מֻתָּר. נַעֲשָׂה לְשֵׁם הַמֵּת - כֵּיוָן שֶׁהֻטָּל בּוֹ הַמֵּת, נֶאֱסַר, אַף עַל פִּי שֶׁפִּנָּהוּ.
20When a person builds a grave for his father and then buries his father’s corpse in another grave, he should never bury another corpse in that grave.55 Instead, it is forbidden to benefit from this grave forever as an expression of respect for his father.כהַבּוֹנֶה קֶבֶר לְאָבִיו, וְהָלַךְ וּקְבָרוֹ בְּקֶבֶר אַחֵר - הֲרֵי זֶה לֹא יִקְבֹּר בּוֹ מֵת אַחֵר עוֹלָמִית. וְהַקֶּבֶר הַזֶּה אָסוּר בַּהֲנָאָה, מִפְּנֵי כְּבוֹד אָבִיו.
21It is forbidden to benefit from a corpse56 with the exception of its hair. One may benefit from hair, because it is not his body.57 Similarly, it is forbidden to benefit from the coffin and the shrouds.58 There is no prohibition against benefiting from garments prepared to be used as shrouds. Even if one knitted a garment to be used for a corpse, they are not forbidden until they reach the bier which is buried with him. For designation of an article to be used for a corpse does not cause it to be forbidden.59כאהַמֵּת אָסוּר בַּהֲנָאָה כֻּלּוֹ, חוּץ מִשְּׂעָרוֹ - שֶׁהוּא מֻתָּר בַּהֲנָאָה, מִפְּנֵי שֶׁאֵינוֹ גּוּפוֹ. וְכֵן אֲרוֹנוֹ וְכָל תַּכְרִיכָיו - אֲסוּרִין בַּהֲנָאָה. אֲבָל כֵּלִים הַמּוּכָנִים לְתַכְרִיךְ, לֹא נֶאֶסְרוּ בַּהֲנָאָה. אַפִלּוּ אָרַג בֶּגֶד לַמֵּת - לֹא נֶאֱסָר עַד שֶׁיַּגִּיעַ בַּמִּטָּה הַנִּקְבֶּרֶת עִמּוֹ, שֶׁאֵין הַהַזְמָנָה אוֹסֶרֶת.
22It is forbidden to benefit from all the garments thrown upon the deceased60 on the bier which is buried with him, so that because of them, confusion will not arise with regard to shrouds.61כבכָּל הַכֵּלִים שֶׁזּוֹרְקִין עַל הַמֵּת עַל הַמִּטָּה הַנִּקְבֶּרֶת עִמּוֹ - אֲסוּרִין בַּהֲנָאָה, שֶׁלֹּא יִתְחַלְּפוּ בַּתַּכְרִיכִין.
23If a person’s father or mother were throwing garments on the bier in their extreme aggravation,62 it is a mitzvah for others to save them.63 If they reached the bier which is buried with the corpse, we do not save them.64כגהָיוּ אָבִיו וְאִמּוֹ מְזָרְקִין כֵּלִים בַּחֲמָתָן עַל הַמֵּת, מִצְוָה עַל אֲחֵרִים לְהַצִּילָן. וְאִם הִגִּיעוּ לַמִּטָּה הַנִּקְבֶּרֶת, אֵין מַצִּילִין אוֹתָן.
24We teach a person that he should not recklessly destroy property and throw it to oblivion. It is better to give it to the poor than to throw it to maggots and worms.65 Whoever casts many articles on a deceased person violates the commandment against destroying property.66כדמְלַמְּדִין אֶת הָאָדָם שֶׁלֹּא יִהְיֶה חַבְלָן, וְלֹא יַפְסִיד אֶת הַכֵּלִים וְיַשְׁלִיכֵם לְחַבָּלָה. מוּטָב לִתֵּן אוֹתָן לָעֲנִיִּים, וְאַל יַשְׁלִיכֵם לְרִמָּה וְתוֹלֵעָה. וְכָל הַמַּרְבֶּה כֵּלִים עַל הַמֵּת, עוֹבֵר מִשּׁוּם בַּל תַּשְׁחִית.
25When a king dies, we ruin the horse that he would ride upon67 and the calf that pulls the wagon in which he would sit. We cut off its hooves from below the knee, a place that does not render it trefe.68 We convene a yeshivah at his grave for seven days, as II Chronicles 32:33 states: “They honored him in his death.”69 Our Sages interpret70 this as meaning: they convened a yeshivah at his grave. When a nasi dies, we do not nullify his yeshivah for more than 30 days.71כהמֶלֶךְ שֶׁמֵּת - עוֹקְרִין סוּס שֶׁהָיָה רוֹכֵב עָלָיו, וְעֶגְלָה שֶׁהָיְתָה מוֹשֶׁכֶת בַּקָּרוֹן שֶׁהָיָה יוֹשֵׁב בּוֹ. מְנַשֵּׁר פַּרְסוֹתֶיהָ מִן הָאַרְכֻּבָּה וּלְמַטָּה, מָקוֹם שֶׁאֵין עוֹשֶׂה אוֹתָהּ טְרֵפָה. וּמוֹשִׁיבִין יְשִׁיבָה עַל קִבְרוֹ שִׁבְעַת יָמִים, שֶׁנֶּאֱמַר "וְכָבוֹד עָשׂוּ לוֹ בְמוֹתוֹ" (דברי הימים ב לב, לג) - זֶה שֶׁהוֹשִׁיבוּ יְשִׁיבָה עַל קִבְרוֹ. וְנָשִׂיא שֶׁמֵּת, אֵין מְבַטְּלִין יְשִׁיבָתוֹ יָתֵר עַל שְׁלוֹשִׁים יוֹם.
26When a king or a nasi dies, one may burn his bed and all his personal utensils. This is not considered as an Amorite72 or destructive73 practice. For Jeremiah 34:5 states:74 “You shall die in peace, and as they made pyres for your ancestors, the earlier kings..., they will make pyres for you.”כומֶלֶךְ אוֹ נָשִׂיא שֶׁמֵּת - יֵשׁ לָהֶן לִשְׂרֹף מִטָּתוֹ וְכָל כְּלֵי תַּשְׁמִישׁוֹ; וְאֵין בְּזֶה דַּרְכֵּי הָאֱמוֹרִי וְלֹא מִשּׁוּם הַשְׁחָתָה. שֶׁנֶּאֱמַר "בְּשָׁלוֹם תָּמוּת וּבְמִשְׂרְפוֹת אֲבוֹתֶיךָ הַמְּלָכִים... יִשְׂרְפוּ לְךָ" (ירמיהו לד, ה).
Blessed be God who grants assistance.בְּרִיךְ רַחֲמָנָא דְסַיְיעָן
Footnotes for Avel - Chapter 12
1.

We have used the term eulogy for the Hebrew hesped, because that is its meaning in modern Hebrew. In truth, however, the term implies much more than a speech given in honor of the departed. Hesped was a multi-dimensional mourning experience involving the chanting of dirges and other physical expressions of grief.

2.

I.e., a measure of respect that should be given him, rather than a measure of respect for the living. See Sanhedrin 46b which discusses this issue.

3.

I.e., were it a measure of respect for the living, the heirs could elect to forgo it. Since it is a measure of respect for the dead, if they are financially capable, we compel them to show him this measure of respect. See Sanhedrin 46b.

4.

For he has the choice to decline the honor due him.

5.

See Sefer HaMitzvot (positive commandment 231), Sefer HaChinuch (mitzvah 537), and Hilchot · Sanhedrin 15:8 where this mitzvah is discussed. See also Chapter 3, Halachah 8, Hilchot Zechiyah UMatanah 11:24, Hilchot Ishut 14:23-24.
Since it is a mitzvah to bury the person, his individual desires are of no consequence and he should be buried.

6.

Shabbat 105b states that he is judged measure for measure. Since he did not mourn for a person whose life was cut short, his own life will be cut short.

7.

Shabbat, loc. cit., states that God “counts these tears and places them in His treasure stores.”

8.

Mo’ed Kattan 25a states that this would be appropriate, as if to say: “He fulfilled what is written within that.” Nevertheless, this is not done, for it is not respectful to a Torah scroll to place anything else on the platform on which it is placed (see Hilchot Sefer Torah 10:6).

9.

Instead, he is taken out on the first bier made for that purpose (Mo’ed Kattan, loc. cit.).

10.

Even if the doorway must be widened so that the bier can pass through, we do so (Mo’ed Kattan, loc. cit.).

11.

Bava Batra 100b states that this recalls the seven times the word Hevel (“emptiness”) is mentioned in Ecclesiastes 1:2: “Emptiness of emptiness.... Everything is emptiness.” (The term is mentioned actually only 5 times, but twice the plural form is used.)

12.

In his commentary to Bava Batra 100b, Rashbam states that this rite is carried out after the burial. In his commentary to Megilah 23b, Rashi states that the rite is carried out before burying the dead. The Rambam’s Commentary to the Mishnah (Megilah 4:3) appears to follow Rashi’s view.
In the present day, some of the formalities are relaxed, but it is customary to rise and sit down, rise and sit down, seven times after a funeral and on the way to the burial, the pallbearers and those accompanying the corpse stop seven times.

13.

Rosh HaShanah 25a relates how Rabban Gamliel arranged a large mourning ceremony for a woman and Megilah 28b tells how Rafram eulogized his daughter-in-law in the syngaogue.

14.

Mo’ed Kattan 28a derives this from the Torah’s description of the death of Miriam. Numbers 20:1 states: “Miriam died there and was buried,” mentioning the two facts directly after the other to imply that this should be the order. A woman’s burial should follow her death.

15.

To reinter them in a different grave. See Tur and Shulchan Aruch (Yoreh De’ah 403).

16.

The Tur (loc. cit.) states one praises God for He puts a person to death and will ultimately resurrect him, lowering him to the grave and raising him up from it.

17.

Some interpret this as referring to the additions that mention mourning that are made to the fourth blessing in grace (see Hilchot Berachot 2:8). Others interpret it as referring to blessings given the mourner by guests coming to comfort him. As mentioned in the notes to the previous chapter, based on Ketubot 8b, there are some who interpret the term as referring to a blessing recited in the public thoroughfare after the funeral. The Rambam, apparently, does not accept this interpretation.

18.

See Chapter 13, Halachot I and 2.

19.

Or has others gather, for it is not proper for a person to gather his parents’ bones himself [Tur and Shulchan Aruch (Yoreh De’ah 403:7-8), based on the Evel Rabati].

20.

The Tur and the Shulchan Aruch (loc. cit. 403:1) state that one must observe mourning rites when the bones of any of one’s close relatives are gathered. Similarly, one must rend one’s garments and a meal of comfort is served.

21.

Although this concept is stated in Halachah 6, the Rambam reiterates it here to teach that it applies even with regard to one’s parents (Kessef Mishneh).

22.

Rashi, Mo’ed Kattan 24b, states that a poor person will feel greater distress than a rich person at the loss of his children, for he has no other source of happiness. The passage continues, explaining that the elderly feel the loss of their children as deeply as the poor do.

23.

His corpse is carried by hand to the cemetery instead of being placed in a coffin. The Siftei Cohen 353:2 states that it is permitted to use a coffin if one desires.

24.

See Hilchot Issurei Bi’ah, ch. 22, which explains that this was a safeguard enacted to prevent licentious conduct. Usually, it is forbidden for many men to be together with one women unless one of them is married to her (loc. cit.:8). In this instance, because of the atmosphere of mourning involved, these restrictions were relaxed slightly (Kiddushin 80b).

25.

Until a child is 30 days old, it is questionable whether his birth was viable. Accordingly, it is considered as if he was stillborn, in which instance, no mourning rites are observed for him. This applies even if we know that the pregnancy was full term [Shulchan Aruch (Yoreh De’ah 353:4)].

26.

In which instance, his birth is assumed to have been viable.

27.

As is an older person.

28.

I.e., when a child was a year old or more.

29.

I.e., attend the funeral.

30.

I.e., the child was less than a year old.

31.

The person would go out of his home and come in contact with his townsfolk.

32.

Since it is a funeral, we are not concerned that men may gaze upon them (Sanhedrin 20a and commentaries). The Jerusalem Talmud (Sanhedrin 2:4) states that this custom was practiced as if to say: It is because of a woman (Eve) that death was brought to the world.

33.

The Jerusalem Talmud (loc. cit.) states that this custom has an advantage for it is more modest. The Shulchan Aruch (Yoreh De’ah 359:1) states that this is the custom that should be followed. The Shulchan Aruch (loc. cit.:2) continues, stating that even if they follow the bier, they should be prevented from entering the cemetery. Although there are communities where this advice is not followed, it is stringently adhered to in others. The Siftei Cohen 359:2 states that a woman’s entry into a cemetery brings evil into the world.

34.

Berachot 16b implies that were one to do so, that would detract from the praise with which one eulogizes a fellow Jew.

Footnotes for Avel - Chapter 13
1.

In this and the following halachah, the Rambam describes the custom referred to as shurah, “line.” It is a fundamental element of the post-funeral rites.

2.

Since the purpose of this custom is to comfort the mourners, the mourners should not be included in the quorum (Radbaz).

3.

Sanhedrin 19a relates that, at the outset, the custom was that the comforters pass by the mourners as the Rambam describes. Afterwards, because of certain factors, it was ordained that the mourners should pass through the lines of comforters. Rami bar Abba states that Rabbi Yossi restored the original custom. Although the Tur (Yoreh De’ah 376) mentions this practice (albeit in brief), the Shulchan Aruch does not. In certain communities, the custom is observed as the Rambam describes. In others, the custom is that the mourners pass through the lines of the comforters.

4.

On each of the seven days, each of the visitors should offer the traditional condolence wishes despite the fact that they offered them previously.

5.

This law is not practiced today. Instead, the people who come to offer comfort sit on ordinary chairs.

6.

As evident from this halachah, several of the laws of comforting mourners are derived from the account of how Job’s friends came and comforted him after his children’ s death.

7.

A person is not able to be comforted until he has regained a certain measure of composure. When he can look at others and speak to them, he is inwardly prepared to accept the consolation they offer.

8.

When restating this law, the Shulchan Aruch (Yoreh De’ah 376:1) adds “in a manner in which it appears that he is dismissing the comforters.”

9.

For even if the people offering comfort are sincere, the sorrow is after all, that of the mourner and he must come to terms with it himself.

10.

I.e., none of the seven close relatives mentioned in Chapter 1.

11.

The Radbaz states that the intent is not that the ten people must stay there the entire day, but rather that they come in the morning and in the evening for a certain time.
It must be noted that the Ra’avad objects to the Rambam’s ruling, stating that it does not have a Talmudic source. The Migdal Oz cites Shabbat 152b. In his Kessef Mishneh, Rav Yosef Karo states that the ten do not sit in the deceased’s home, but instead sit in his place in the synagogue and have him recalled. In his Shulchan Aruch (Yoreh De’ah 376:3), however, he quotes the Rambam’s ruling. The Ramah writes that he did not see this custom observed, but notes that the Maharil writes that it is proper to pray in the deceased’s home together with a minyan if there are no mourners.
Kin ‘at Eliyahu notes that this is an example where the Rambam’s ruling reflects the Kabbalistic tradition. For it is well known that in the first seven days after a person’s passing, his soul frequently returns to his home.

12.

A sick person may have difficulty standing because of the intensity of his illness and a mourner may have difficulty because of the intensity of his grief.

13.

Who rose even though they were not obligated to do so (Kessef Mishneh). To them, the nasi says: “May the Omnipresent bless you. Do not trouble yourselves” (Nimukei Yosef to Mo’ed Kattan 27b).
The Shulchan Aruch (Yoreh De’ah 376:2) quotes this law with regard to any scholar before whom a mourner or a sick person rise.

14.

I.e., the mourner’s home need not be dirty and dingy.

15.

For their pleasant fragrance is a source of pleasure which is inappropriate in these circumstances.
Shulchan Aruch (Yoreh De’ah 378:7) states that before the funeral, if a corpse is being kept in a home, fragrances may be brought in to neutralize its undesirable odor.

16.

The standard published text of Mo ‘ed Kattan 27a, the source of this halachah, and the Tur (Yoreh De’ah 378) speak of gold utensils. Perhaps the Rambam had a different version of that text.

17.

I.e., our Sages did not desire that the meal of comfort be an opportunity for people to show off their wealth. As Mo’ed Kattan, loc. cit., relates, such ostentatious conduct had become the ordinary practice. They felt that were that to be allowed, the poor would never bring food for the meal of comfort for they would be embarrass to show that they did not possess expensive containers. To prevent such a situation from occurring, they established a uniform standard which everyone could meet.

18.

So that the wine will not be seen.

19.

See Ketubot 8b which states that it was customary for the comforters to give the mourner to drink to drown his sorrow. Our Sages saw, however, that things were getting out of control and imposed these limits.
The Kessef Mishneh emphasizes that the Rambam is not requiring one to drink ten cups of wine, but rather prohibiting one from drinking more.

20.

So as not to divert the mourner’s attention from his grief. Moreover, the mourner is forbidden to study Torah. It is, however, customary for others who are not mourning to study mishnayot in honor of the deceased. Similarly, teachings that are related to mourning or recited in praise of the deceased are permitted.

21.

The Radbaz states that one should be careful even with regard to talking about ordinary matters so that the mourner will not be distracted from his grief. Needless to say, frivolity is not in place. Knowing how to comfort mourners - to balance one’s words so that they are allowed to release their feelings of grief, but result in feeling uplifted - is indeed a unique ability.

22.

Eulogies in praise of him or details involving his burial.

23.

Berachot 18a states that performing mitzvot in the presence of a corpse is “mocking the poor” (Cf. Proverbs 17:5), i.e., ridiculing the dead, as it were, by performing mitzvot which they cannot. For this reason, Torah study is forbidden. It is, however, common custom to recite Psalms in the presence of a corpse, not as study, but as prayer for his soul. See also Chapter 14, Halachah 25, which implies that when one studies in honor of the deceased, there is no prohibition.

24.

Rabbi Yehudah HaNasi, the author of the Mishnah.

25.

For the time to mourn over the tragedy has passed and our energies should be focused entirely on the future.

26.

For the verse would not be prohibiting all expressions of grief.

27.

Or longer in the case of the death of one’s parents. Mo’ed Kattan 27b states that when a person shows excessive grief, God chastises him: “Are you more merciful than I?” And that source states that when a person cries excessively over losing one loved one, he is likely to lose another.

28.

As Ecclesiastes 7:12 states: “And the living shall take it to heart.”

29.

For God’s judgment is extended against all of them.

30.

For a year (Mo'ed Kattan 27b, the source of this halachah).

31.

I.e., his over-preoccupation in material things and lack of sensitivity to spiritual values. Compare to Hilchot Teshuvah 3:4.

Footnotes for Avel - Chapter 14
1.

In his Sefer HaMitzvot (General Principle 2), the Rambam elaborates in the negation of the opinion of Halachot Gedolot who maintains that certain of the mitzvot mentioned are Scriptural in origin, e.g., comforting mourners and visiting the sick. The Ramban (Hasagot to Sefer HaMitzvot, General Principle 1) differs with the Rambam and supports the position of Halachot Gedolot.

2.

The Hebrew expression used by the Rambam literally means “to take out the dead.” Since the later clauses in the halachah which the details of actually carrying out a funeral, we assume that here the Rambam is speaking about the preparations for it.
The Rambam himself [Sefer HaMitzvot (positive commandment 231) and Hilchot Sanhedrin 15:8] states that burying the dead is a Scriptural commandment. Moreover, based on Chapter 3, Halachah 8, it is apparent that the resolution advanced by some - that the Scriptural obligation is incumbent on the deceased’s relatives and the Rabbinic obligation on all others - is insufficient. For every Jew - even a priest - has an obligation to bury a corpse that has no others to tend to it.
Marganita Tava explains that the Scriptural obligation is to see that the burial is accomplished. The Rabbinic obligation is to become involved oneself.

3.

The Hebrew expression used by the Rambam literally means “to bring a bride into [marriage].” It is not referring to the celebrations of the wedding for participation in that is mentioned in the later clauses of the halachah. Instead, it refers to helping a bride prepare to marry and set up home.

4.

As was the practice in the funeral procession. See Chapter 4, Halachah 2.

5.

I.e., with regard to the financial aspects of this mitzvah, there is a limit, for a person should not give more than a fifth of his resources to charity. But with regard to physically exerting oneself on behalf of others, there is no limit (Jerusalem Talmud, Pe'ah 1:1). This concept is considered so fundamental to Judaism that our Sages instituted its recitation every day, directly after the recitation of the blessings of the Torah in the morning.

6.

I.e., the one Scriptural charge has many Rabbinic applications. Likkutei Sichos, Vol. XXV, p. 75, explains that by stating that these mitzvot are included in the biblical commandment to love one’s fellowman, the Rambam is implying that not only is the effect of one’s deeds - that the sick be visited, the mourners be comforted, etc. - important, it is important that one carry out these deeds out of love. The recipient of his kindness must also feel the positive feelings that the giver has for him.

7.

By adding the latter phrase, the Rambam implies that complete obligation of the mitzvah of loving one’s fellowman applies only to one’s fellow Jew, and more particularly, to observant Jews.

8.

Sotah 46b states: “There is no measure to the reward one receives for accompanying guests.” There are two dimensions to this activity. First of all, accompanying a guest lifts up that person’s spirits. Secondly, it provides him with protection which in Talmudic times - and even today in certain areas - is very necessary.
It is possible to explain that accompanying guests is an activity that one performs with one’s physical person, while the other deeds of kindness are performed with one’s financial resources as well as with one’s person. The fact that one is willing to take the extra effort and exert himself physically on behalf of another person is thus more clearly expressed in the mitzvah of accompanying wayfarers. And to refer to the previous halachah, the Rambam is speaking about “deeds of kindness that one carries out with his person.”
Moreover, accompanying a guest, maintaining a connection with him even after he leaves one’s house, demonstrates one’s love and care. This endows all of one’s previous efforts in caring for the guest with greater significance, for it shows that they were an expression of sincere love (Likkutei Sichos, Vol. XXV, p. 74).

9.

As evident from the Biblical narrative in Genesis, ch. 18. See also the commentaries to Genesis 21:33.

10.

Abraham was enjoying a vision of God and yet he abandoned that vision to care for the three wayfarers (Shab. 127a).

11.

See Sotah 46b (quoted by the Rambam, Hilchot Rotzeach 9:3) which explains that when the elders of a city bring a calf as atonement for an unsolved murder, they say “Our hands did not shed this blood.” Now we do not suspect them of actually killing the person. Instead the intent is that we did not fail to provide him with accompaniment.

12.

Hilchot Matanot Aniyim 7:10 states that a person who does not desire to give charity is compelled to give an amount appropriate to his wealth. If necessary the court seizes his property and sells it. Similarly, he is compelled to either physically accompany or pay for the accompaniment of a colleague.

13.

Sotah 46b states that Pharaoh accompanied Abraham for four cubits and as a result merited to subjugate Abraham’s descendants for four generations.

14.

The term used by the Rambam has a specific halachic definition: 72 cubits and a fraction beyond the city’s border.

15.

2000 cubits (approximately a kilometer) beyond the city’s border.

16.

Four mil; each mil is approximately a kilometer.

17.

The person from whom he received most of his knowledge.

18.

Nedarim 40a states that when the visitor is the same age as the sick person, he removes one sixtieth of his illness. The Rambam’s statements (based on Vayikra Rabbah 34:1) imply that this concept applies even when the visitor is not of the same age.

19.

From Nedarim, loc. cit., it is apparent that one of the positive dimensions of visiting the sick is that one sees to his needs: e.g., making sure his room is neat and clean. Beyond that, one cannot underestimate the positive effect of the lift in a patient’s morale accomplished by a visit.

20.

From Nedarim 40a and commentaries, it appears that the rationale is that the sick person’s enemies may become jealous of the attention he is getting and cast an evil eye against him. For this reason, relatives and close friends - whose visits would not be conspicuous - may visit immediately (Kessef Mishneh, based on the Jerusalem Talmud, Pe’ah 3:7).

21.

The Radbaz notes that the Rambam ignores the reasons stated by the Talmud (Nedarim 40a) and instead supplies rationales of his own. The Radbaz suggests that perhaps this was motivated by the Rambam’s own experience as a doctor. Significantly, the Shulchan Aruch (Yoreh De’ah 335:4) quotes the wording used by the Talmud.

22.

People with stomach illnesses will be embarrassed if visited and people with eye illnesses and headaches will be strained by the necessity to receive company (Nedarim 41a). The Shulchan Aruch (loc. cit.:8) states that although the visitor should not enter the sick person’s room in these instances, he should visit his home, inquire if there are any tasks that he could perform to ease his sickness, and pray for him.

23.

Based on the statements of Tosafot (Shabbat 12b), the Ramah (Yoreh De’ah 335:3) states that these restrictions apply only when the invalid is lying on the ground. If he is lying on a bed, the visitors may also sit on a chair or bed.

24.

Next to him or at his feet. Shabbat 12b states that the Divine Presence rests at the head of a sick person. Therefore a visitor should not sit there and he should wrap himself in a tallit in reverence.

25.

I.e., in addition to lifting the spirits of the living, it also shows respect for the dead.
The expression “it appears to me” indicates a conclusion reached by the Rambam without a clear source from the earlier Rabbinic literature. The Radbaz questions the Rambam’s conclusion, noting that, as stated above (Halachah 4 and notes), visiting the sick is sometimes a life and death matter and that cannot be said about comforting mourners. The Or Sameach supports the Rambam’s ruling, bringing proof from Shabbat 12b which mentions comforting mourners before visiting the sick in the same statement. Implied is that they are mentioned in the order of priority.
The Siftei Cohen 335:11 quotes the Bayit Chadash who states that the Rambam’s ruling applies when it is possible to visit only one of them. When it is possible to visit them both, one should visit the sick first, lest there be a task that has to be performed that will help him recuperate.

26.

Similarly, Ecclesiastes 7:2 states: “It is preferable to go to the house of mourning than the house of feasting.”

27.

And it is impossible for both processions to pass side by side. Alternatively, even when there is room, but one would not want the two processions to meet for one will disturb the mood of the other.

28.

For mitzvot involving the living take precedence over those involving the dead (Siftei Cohen 360:1).

29.

For we are commanded to hold a king in awe (Radbaz, based on Ketubot 17a).
See Semachot, ch. 12, which states that King Agripas moved aside for a bride. The Sages praised him for his modesty and asked him to explain his conduct. He said: “I wear a crown every day. She gets only this one opportunity.”

30.

I.e., we are obligated to nullify our studies for these purposes (Siftei Cohen 361:1).
The Shulchan Aruch (Yoreh De’ah 361:2) states that this refers to attending the funeral. With regard to preparations for the funeral, it is proper that there be a burial society of select individuals who discharge this responsibility.

31.

The Radbaz states that it is not customary to follow this ruling. Instead, people commonly rely on the leniency stated in the following halachah.

32.

I.e., relatives and/or a burial society.

33.

See the Siftei Cohen 361:2 who questions whether this refers to a person who has both read the Tanach and studied Torah law, or if it is sufficient merely to have been involved in only one of these branches of study.

34.

So that others will attend. This token of respect is granted because of the deceased’s study. Ketubot 17a states: “Just as the Torah was brought into the world with 600,000 in attendance [at Sinai]; so, too, it [i.e., a sage who has studied it] is taken from the world with 600,000.”

35.

Needless to say, in a separate cemetery (Radbaz).

36.

The Shulchan Aruch (Yoreh De’ah 368:1) states that it is forbidden to use the grasses which grow there. If the grasses have become overgrown and one must trim them, they should be burnt in their place.

37.

This is an expression of honor for the dead (Siftei Cohen 368:1).
The Biurei HaGra explains that the prohibition against eating mentioned above stems from the prohibition against acting frivolously and the prohibition against studying stems from the prohibition against mocking the dead mentioned further in these notes. Kin’at Eliyahu differs and maintains that this entire clause is an explanation of the prohibition against benefiting from a cemetery stated at the outset.

38.

I.e., even if he is not performing a mitzvah, carrying the religious article itself is forbidden (Radbaz).

39.

Berachot 18a explains that fulfilling mitzvot in the presence of the dead is “mocking the poor” (cf. Proverbs 17:5), i.e., ridiculing them, as it were, by performing mitzvot which they cannot.

40.

I.e., he should not sit on the bones, but rather hang them over the side of the donkey [Shulchan Aruch (Yoreh De’ah 403:10)]. Compare to Hilchot Sefer Torah 10:11 which speaks of transporting a Torah scroll.

41.

For the disruption of their rest is difficult for the souls to bear (Jerusalem Talmud, Mo’ed Kattan 2:4). The Radbaz explains that being disinterred is denigrating to the deceased.

42.

And the new grave was located in property belonging to the deceased or his heirs.

43.

For a soul desires that its body’s eternal rest be in his own property, together with his family members (Jerusalem Talmud, loc. cit.; Siftei Cohen 363:1).
Among the other reasons license is given to disinter a corpse are: a) to bring its remains to Eretz Yisrael (see Hilchot Melachim 5:11), b) it was originally buried with the intent that it be moved, c) there is a possibility that the remains will be destroyed by water or looted by gentiles [Shulchan Aruch (loc. cit.)]. Needless to say, it is permitted to disinter a corpse buried in a non-Jewish cemetery and bury him in a Jewish one. See also Hilchot Beit HaBechirah 7:13-14.

44.

If there is six handbreadths of earth between the two, it is permitted [Kessef Mishneh, Shulchan Aruch (Yoreh De’ah 362:4)].

45.

For each person should be given his own individual resting place.

46.

Semachot, ch. 13, states that similarly, a father may be buried with his young daughters. The general principle is: Children that are permitted to sleep in the same bed as their parents may be buried with them. This principle is quoted by Shulchan Aruch (Yoreh De’ah 362:3).

47.

The Ramah (Yoreh De’ah 364:1) quotes opinions which maintain that if one removed earth from a grave and then returned it to the grave, it is forbidden to benefit from that earth.

48.

The fact that it is designated for that purpose is not sufficient cause for it to become forbidden (Sanhedrin 47b). This is a general principle that applies in other halachic contexts as well (e.g., the designation of compartments for tefillin). The designation of an object for a ritual purpose has no effect. It must actually be used for that purpose.

49.

A structure over a grave. There is a question if the same rules would apply to a grave dug out from the ground. See the Tur (Yoreh De’ah 364) and commentaries. This question also applies with regard to the following halachah.

50.

With the intent that when he dies, he would be buried there.

51.

For whom the monument was not built.

52.

If a row of bricks was not added, as long as the corpse is within the monument, it is forbidden to benefit from it. Once the corpse is removed, it is permitted [Tur and the Shulchan Aruch (Yoreh De’ah 364:1)].

53.

I.e., after his death.

54.

Since the monument was designated for the corpse and the corpse was placed there temporarily, the two influences combine to cause the monument to be forbidden forever. Note the parallel to Hilchot Tefillin 4:9.

55.

The Shulchan Aruch (Yoreh De’ah 364:7) rules slightly more leniently, stating that the son may not be buried there, but another person may.

56.

The Radbaz mentions a difference of opinion if this applies only to a Jewish corpse or also to a gentile corpse. The Shulchan Aruch (Yoreh De’ah 349:1) rules unequivocally that the ruling applies to both.

57.

For the hair will remain unchanged after the person’s death (see Arachin 7b). See also to Hilchot Sanhedrin 12:4 and notes. In his Kessef Mishneh, Rav Yosef Caro questions the Rambam’s ruling and in his Shulchan Aruch (Yoreh De’ah 349:2), he rules that it is forbidden to benefit from the hair of a corpse.

58.

For it was both designated and used for burial.

59.

The Siftei Cohen 349:8 rules that, similarly, if an object was used for burial, even though it was not designated for that purpose, it is not forbidden.

60.

As is evident from the following halachot, it was common for the relatives of the deceased to throw garments on the bier in their grief and aggravation.

61.

I.e., were they to be permitted, one might also think that the shrouds are permitted.

62.

Because of their aggravation, they are willing to cause their possessions to be forbidden (Rashi, Sanhedrin 48a). If, however, garments are placed on a corpse with the intent that they be removed, they do not become forbidden (Siftei Cohen 349:8).

63.

For it is a mitzvah to prevent a person’s property from being lost, like it is a mitzvah to return a lost article (Rashi, Sanhedrin 48a).

64.

Because they have already become forbidden as stated in the previous halachah.

65.

I.e., to have it buried with the deceased.

66.

See Hilchot Melachim 6:8-10 which describes this prohibition in detail. Although the strict Biblical context of the prohibition involves destroying fruit trees when besieging a city, our Sages understood the command as having a larger scope and involving all articles of value.

67.

For as stated in Hilchot Melachim 2:1, after a king dies, no one else is allowed to ride his personal steed.

68.

Injured to the extent that it will die within twelve months. If the leg was cut off above the knee, it is considered trefe, for it will not be able to continue to live after such an operation.

69.

This refers to the tribute the Jewish people paid to King Chizkiyahu. The Kessef Mishneh questions the Rambam's ruling, noting that the verse appears to imply that this was a special measure of honor given to Chizkiyahu because of his righteous conduct. Why then does the Rambam refer to it as standard conduct with regard to all monarchs?

70.

Bava Kama 16b. Although it is forbidden to involve oneself in Torah study in a cemetery or in the presence of a corpse (Chapter 13, Halachah 9), as long as one is studying in honor of the deceased, there is no prohibition. Others infer that the yeshivah is not meant to be convened on the gravesite itself, but close to it.

71.

These were the instructions which Rabbi Yehudah HaNasi gave before his death.

72.

See Hilchot Avodat Kochavim 11:1 which mentions the prohibition against following gentile customs.

73.

As reflected by Halachah 24, one might think that this would be forbidden. Nevertheless, Sanhedrin 52b states that since it is a measure of respect for a king to burn his personal items so that they will not be used by others, this is not considered as wanton destruction. It is, however, forbidden to carry out such a measure for an ordinary person [Shulchan Aruch (Yoreh De'ah 348:1)]. Such conduct would be considered as haughty (Siftei Cohen 348:2).

74.

Communicating this prophecy to King Tzedekiah, the last king of the Davidic dynasty to have ruled. The fact that a prophet makes such statements to a righteous king indicates that the practice is permitted.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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The text on this page contains sacred literature. Please do not deface or discard.