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Rambam - 3 Chapters a Day

Avel - Chapter 3, Avel - Chapter 4, Avel - Chapter 5

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Avel - Chapter 3

1With the exception of the six relatives mentioned in the Torah and his wife, whenever a priest becomes impure because of contact with a corpse,1 if there are witnesses and a warning is administered, he is punished by lashes,2 as Leviticus 21:1 states: “No one shall contract ritual impurity for the sake of a deceased person among his people.”אכָּל כֹּהֵן שֶׁנִּטְּמָּא לַמֵּת, חוּץ מִשִּׁשָּׁה מֵתִים הַמְּפֹרָשִׁים בַּתּוֹרָה אוֹ אִשְׁתּוֹ, בְּעֵדִים וְהַתְרָאָה - הֲרֵי זֶה לוֹקֶה, שֶׁנֶּאֱמַר "לְנֶפֶשׁ לֹא יִטַּמָּא בְּעַמָּיו" (ויקרא כא, א).
This applies whether one touches the corpse, stands over it, or carries it.3 And it applies to a corpse and to all other forms of ritual impurity stemming from a corpse,4 as implied by “No one shall contract ritual impurity for the sake of a deceased person among his people.”5וְאֶחָד הַנּוֹגֵעַ בְּמֵת אוֹ הַמַּאֲהִיל אוֹ הַנּוֹשֵׂא, וְאֶחָד הַמֵּת אוֹ שְׁאָר הַטֻּמְאוֹת הַפּוֹרְשׁוֹת מִן הַמֵּת, שֶׁנֶּאֱמַר "לְנֶפֶשׁ לֹא יִטַּמָּא".
In Hilchot Tumat Meit,6 we already described all the factors associated with a corpse that convey ritual impurity according to Scriptural Law and according to Rabbinic Law.וּכְבָר פֵּרַשְׁנוּ בְּהִלְכוֹת טֻמְאַת מֵת כָּל הַדְּבָרִים הַמְּטַמְּאִין מִן הַמֵּת, מִן הַתּוֹרָה אוֹ מִדִּבְרֵיהֶם.
2Similarly, a priest receives lashes if he touches a grave.7 He may, however, touch clothes that touched a corpse, even though by doing so, he contracts ritual impurity that continues for seven days.8בוְכֵן אִם נָגַע הַכֹּהֵן בְּקֶבֶר, לוֹקֶה. אֲבָל נוֹגֵעַ הוּא בִּבְגָדִים שֶׁנָּגְעוּ בְּמֵת, אַף עַל פִּי שֶׁמִתְטַּמֵּא בָּהֶן טֻמְאַת שִׁבְעָה.
3Similarly, if a priest enters a covered structure into which ritual impurity enters,9 he is lashed. This applies even though the source of impurity itself is in another building.גוְכֵן אִם נִכְנַס לְאֹהֶל טָמֵא, שֶׁנִּכְנְסָה לוֹ הַטֻּמְאָה - לוֹקֶה, אַף עַל פִּי שֶׁעַצְמָהּ שֶׁל טֻמְאָה בְּבַיִת אַחֵר.
We have already explained10 all the types of “tents”11 into which ritual impurity can enter and depart, the laws involving foliage and projections,12 the entities which bring ritual impurity and those which interpose between ritual impurity, which involve Scriptural Law and which involve Rabbinic Law. All of this is discussed in Hilchot Tumat Meit.וּכְבָר בֵּאַרְנוּ כָּל הָאֹהָלִים שֶׁתִּכָּנֵס לָהֶם הַטֻּמְאָה אוֹ שֶׁתֵּצֵא מֵהֶם, וְדִין הַסְּכָכוֹת וְהַפְּרָעוֹת, וְכָל הַדְּבָרִים הַמְּבִיאִין אֶת הַטֻּמְאָה, וְהַחוֹצְצִין בִּפְנֵי הַטֻּמְאָה, וְאֵי זֶה מֵהֶן דִּין תּוֹרָה וְאֵי זֶה מֵהֶן מִדִּבְרֵיהֶן - הַכֹּל בְּהִלְכוֹת טֻמְאַת מֵת.
There we explained13 that non-Jews do not convey ritual impurity through overhangs.14 Therefore their graves are pure and a priest may enter their cemetery and walk on their graves. He is forbidden only to touch impurity15 or carry it, as we explained there.וְשָׁם בֵּאַרְנוּ שֶׁאֵין הַעוֹבְדֵי כּוֹכָבִים מְטַמְּאִין בָּאֹהֶל, וּלְפִיכָךְ קִבְרוֹתֵיהֶן טְהוֹרִים, וּמֻתָּר לְכוֹהֵן לְהִכָּנֵס לְשָׁם וְלִדְרֹךְ עַל קִבְרוֹתֵיהֶן; וְאֵינוֹ אָסוּר אֶלָא שֶׁיִּגַּע בַּטֻּמְאָה אוֹ יִשָּׂאֶנָּה, כְּמוֹ שֶׁבֵּאַרְנוּ שָׁם.
4The following laws apply when a priest enters a building where a corpse is located or a cemetery inadvertently and he is given a warning after he discovers the fact. If he jumps and leaves, he is not liable. If, however, he remains there for the time it takes to prostrate oneself which we explained with regard to impurity in the Temple,16 he is lashed.דכֹּהֵן שֶׁנִּכְנַס לְאֹהֶל הַמֵּת אוֹ לְבֵית הַקְּבָרוֹת בִּשְׁגָגָה, וְאַחַר שֶׁיָּדַע הִתְרוּ בּוֹ: אִם קָפַץ וְיָצָא, פָּטוּר; וְאִם יָשַׁב שָׁם כְּדֵי הִשְׁתַּחֲוָיָה כְּמוֹ שֶׁבֵּאַרְנוּ בְּעִנְיַן טֻמְאַת מִקְדָּשׁ, הֲרֵי זֶה לוֹקֶה.
The following rule applies if he entered and departed, entered and departed. If he was given a warning for each time, he is given lashes for every entrance.17נִכְנַס וְיָצָא, וְחָזַר וְנִכְנַס וְיָצָא - אִם הִתְרוּ בּוֹ עַל כָּל פַּעַם וּפַעַם, לוֹקֶה עַל כָּל כְּנִיסָה וּכְנִיסָה.
Similarly, if he touches a corpse, is given a warning, and then disengages himself, and afterwards, touches it and is given a warning - even if this sequence is repeated one hundred times, he is given lashes for each touch.וְכֵן אִם נָגַע בַּמֵּת וְהִתְרוּ בּוֹ וּפָרַשׁ, וְחָזַר וְנָגַע וְהִתְרוּ בּוֹ, אַפִלּוּ מֵאָה פְּעָמִים - לוֹקֶה עַל כָּל אַחַת וְאַחַת.
If he was touching a corpse and did not disengage himself or was standing in the cemetery and touched other corpses, although he is given a warning several times, he receives lashes only once. For as long as he does not cease, he is continuing to desecrate his priestly state.18הָיָה נוֹגֵעַ וְלֹא פָּרַשׁ, אוֹ שֶׁהָיָה עוֹמֵד בְּבֵית הַקְּבָרוֹת וְנָגַע בְּמֵתִים אֲחֵרִים, אַף עַל פִּי שֶׁהִתְרוּ בּוֹ כַּמָּה פְּעָמִים - אֵינוֹ לוֹקֶה אֶלָא אַחַת; שֶׁהֲרֵי הוּא מְחֻלָּל וְעוֹמֵד, כָּל זְמַן שֶׁלֹּא פֵּרַשׁ.
5The following rules apply when one causes a priest to contract ritual impurity. If they both acted intentionally, the priest receives lashes and the person who caused him to contract impurity violates the prohibition against placing a stumbling block in front of the blind.19 If the priest was not aware of the transgression and the person who caused him to contract impurity acted intentionally, that person20 receives lashes.ההַמְּטַמֵּא אֶת הַכֹּהֵן: אִם הָיוּ שְׁנֵיהֶם מְזִידִין - לוֹקֶה הַכֹּהֵן, וְזֶה שֶׁטִּמְּאוֹ עוֹבֵר עַל "וְלִפְנֵי עִוֵּר לֹא תִתֵּן מִכְשֹׁל" (ויקרא יט, יד). הָיָה הַכֹּהֵן שׁוֹגֵג וְזֶה שֶׁטִּמְּאוֹ מֵזִיד - הֲרֵי זֶה שֶׁטִּמְּאוֹ לוֹקֶה.
6A High Priest may not become impure for the sake of his relatives,21 as Leviticus 21:11 states: “He shall not become impure for his father’s or mother’s sake.”22 Similarly, he does not enter a shelter where there is a corpse, even the corpse of one of his relatives, as ibid.:30 states: “He shall not enter a place where there is any corpse.”23 Thus we learn that he is liable both for "he shall not enter" and for "he shall not become impure."וכֹּהֵן גָּדוֹל אֵינוֹ מִתְטַּמֵּא לַקְּרוֹבִים, שֶׁנֶּאֱמַר "לְאָבִיו וּלְאִמּוֹ לֹא יִטַּמָּא" (ויקרא כא, יא). וְכֵן אֵינוֹ נִכְנָס עִם הַמֵּת בָּאֹהֶל, אַפִלּוּ קְרוֹבָיו, שֶׁנֶּאֱמַר "וְעַל כָּל נַפְשֹׁת מֵת לֹא יָבֹא" (שם). הָא לָמַדְתָּ שֶׁהוּא חַיָּב בְּ"לֹא יָבֹא", וְחַיָּב בְּ"לֹא יִטַּמָּא”.
What is implied? If the High Priest touches or carries a corpse, he receives lashes for one transgression.כֵּיצַד? נָגַע אוֹ נָשָׂא, לוֹקֶה אַחַת.
If he24 enters a shelter and remains there until a person dies or he enters a chest, bureau, or drawer, and a colleague comes and opens the top of this container and thus his contact with impurity and his entrance into the shelter come at the same time,25 he receives two sets of lashes, for the prohibition against entering and for the prohibition against becoming impure.נִכְנַס לָאֹהֶל וְיָשַׁב שָׁם עַד שֶׁמֵּת עָלָיו הַמֵּת אוֹ שֶׁנִּכְנַס בְּשִׁדָּה תֵּבָה וּמִגְדָּל וּבָא חֲבֵרוֹ וּפָרַע עָלָיו גַּג הַשִׁדָּה שֶׁהֲרֵי טֻמְאָה וּבִיאָה בָּאִין כְּאֶחָד - לוֹקֶה שְׁתַּיִם: מִשּׁוּם "לֹא יָבֹא" (ויקרא כא, יא), וּמִשּׁוּם "לֹא יִטַּמָּא" (שם).
7When the High Priest26 became impure beforehand, and then entered a shelter where a corpse was located, if he is warned, he should receive lashes even for this entry.27זנִטְמָא מִקֹּדֶם וְאַחַר כָּךְ נִכְנַס לָאֹהֶל - אִם הִתְרוּ בּוֹ, לוֹקֶה אַף עַל הַבִּיאָה.
8When a priest - even a High Priest - encounters an unattended corpse28 on the road, he is obligated to become impure for its sake and bury it.חכֹּהֵן שֶׁפָּגַע בְּמֵת מִצְוָה בַּדֶּרֶךְ, הֲרֵי זֶה מִתְטַּמֵּא לוֹ, אַפִלּוּ כֹּהֵן גָּדוֹל חַיָּב לְהִתְטַּמֵּא לוֹ וּלְקָבְרוֹ.
What is meant by an unattended corpse? A Jewish corpse cast away on the road without anyone29 to bury it. This is a halachah conveyed by the received tradition.וְאֵיזֶה הוּא מֵת מִצְוָה? זֶה אֶחָד מִיִּשְׂרָאֵל שֶׁהָיָה מֻשְׁלָךְ בַּדֶּרֶךְ, וְאֵין לוֹ קוֹבְרִים. וְדָבָר זֶה, הֲלָכָה מִפִּי הַקַּבָּלָה.
When does the above apply? When the priest is alone and there is no one else with him; even when he calls out on the road, no one answers him.בַּמֶּה דְּבָרִים אֲמוּרִים? כְּשֶׁהָיָה הַכֹּהֵן לְבַדּוֹ וְאֵין עִמּוֹ אַחֵר, וְאַפִלּוּ קָרָא שָׁם בַּדֶּרֶךְ וְאֵין לוֹ עוֹנֶה.
If, however, when he calls others answer, this is not considered an unattended corpse. Instead, he should call to the others and they should come and tend to the corpse.30אֲבָל אִם כְּשֶׁיִּקְרָא אֲחֵרִים עוֹנִין אוֹתוֹ, אֵין זֶה מֵת מִצְוָה, אֶלָא קוֹרֵא לַאֲחֵרִים וְיָבוֹאוּ וְיִתְעַסְּקוּ בּוֹ.
9If a priest and a nazirite are proceeding on a road and they encounter an unattended corpse, the nazirite should tend to it. The rationale is that his holiness is not of an eternal nature.31 The priest - even an ordinary priest - should not become impure.טהָיָה כֹּהֵן וְנָזִיר מְהַלְּכִין בַּדֶּרֶךְ וּפָגְעוּ בְּמֵת מִצְוָה - יִתְעַסֵּק בּוֹ הַנָּזִיר, שֶׁהֲרֵי אֵין קְדֻשָּׁתוֹ קְדֻשָּׁת עוֹלָם, וְאַל יִטַּמֵּא בּוֹ הַכֹּהֵן, אַף עַל פִּי שֶׁהוּא כֹּהֵן הֶדְיוֹט.
If a High Priest was going together with an ordinary priest, the ordinary priest should become impure.הָיָה כֹּהֵן גָּדוֹל וְכוֹהֵן הֶדְיוֹט, יִטַּמֵּא כֹּהֵן הֶדְיוֹט.
The general principle is: Whoever is on a higher level of holiness32 should become impure last.וְכָל הַקּוֹדֵם אֶת חֲבֵרוֹ בְּמַעֲלָה, מִתְאַחֵר בַּטֻּמְאָה.
When a s’gan33 and the priest anointed to lead the army at war34 encounter an unattended corpse, the priest anointed to lead the army at war should become impure, not the s’gan.35וּסְגָן עִם מָשׁוּחַ מִלְחָמָה שֶׁפָּגְעוּ בְּמֵת מִצְוָה - יִתְטַּמֵּא מָשׁוּחַ מִלְחָמָה, וְאַל יִתְטַּמֵּא הַסְּגָן.
10When a nasi36 dies, everyone - even priests - should become impure for his sake.37 Our Sages had him considered as an unattended corpse, because everyone is obligated in his honor.38 Similarly, all must observe the rites of aninut39 for his sake.ינָשִׂיא שֶׁמֵּת - הַכֹּל מִתְטַּמְּאִין לוֹ, אַפִלּוּ כּוֹהֲנִים; עָשָׂאוּהוּ כְּמֵת מִצְוָה לַכֹּל, מִפְּנֵי שֶׁהַכֹּל חַיָּבִין בִּכְבוֹדוֹ. וְכֵן הַכֹּל אוֹנְנִין עָלָיו.
11The daughters of Aaron40 were not warned to avoid the ritual impurity imparted by a corpse. This derived from Leviticus 21:1: “Say to the priests, the sons of Aaron....” Implied is “the sons of Aaron,” and not “the daughters of Aaron.”יאבְּנוֹת אַהֲרֹן לֹא הֻזְהֲרוּ עַל טֻמְאַת מֵת, שֶׁנֶּאֱמַר "אֱמֹר אֶל הַכֹּהֲנִים בְּנֵי אַהֲרֹן" (ויקרא כא, א) - "בְּנֵי אַהֲרֹן" וְלֹא בְּנוֹת אַהֲרֹן.
Similarly, challalim41 are permitted to become impure. This is also derived from the words, “the priests, the sons of Aaron,” i.e., to be included in the prohibition, their priesthood must be intact.42וְכֵן הַחֲלָלִים מֻתָּרִין לְהִתְטַּמֵּא, שֶׁנֶּאֱמַר "אֱמֹר אֶל הַכֹּהֲנִים בְּנֵי אַהֲרֹן" - עַד שֶׁיִּהְיוּ בְּכִהוּנָם.
12When a priest is a minor, the adults are warned that they should not have him contact ritual impurity.43יבכֹּהֵן קָטָן, הֲרֵי הַגְּדוֹלִים מֻזְהָרִים שֶׁלֹּא יְטַמְּאוּהוּ.
If he comes to contract impurity on his own initiative, the court is not obligated to separate him from the source of impurity.44 His father, however, must educate him in the holiness of the priesthood.וְאִם בָּא לְהִתְטַּמֵּא מֵעַצְמוֹ - אֵין בֵּית דִּין מְצֻוִּין עָלָיו לְהַפְרִישׁוֹ, אֲבָל אָבִיו צָרִיךְ לְחַנְּכוֹ בִּקְדֻשָּׁה.
13The four cubits circumscribed around a corpse are deemed impure.45יגמֵת תּוֹפֵס אַרְבַּע אַמּוֹת שֶׁלּוֹ לַטֻּמְאָה.
Any priest that enters into these four cubits is given stripes for rebellious conduct.46וְכָל כֹּהֵן שֶׁנִּכְנַס לְתוֹךְ אַרְבַּע אַמּוֹת, מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת.
Similarly, if priests enter a beit hapras,47 go to the diaspora,48 become impure through contact with a mixture of blood,49 a gravestone, or the stones which support the gravestone, and the like, they are given stripes for rebellious conduct, because these entities are sources for ritual impurity by Rabbinic decree, as we explained in Hilchot Tumat Meit.50וְכֵן אִם נִכְנַס לְבֵית הַפְּרָס, אוֹ יָצָא לְחוּצָה לָאָרֶץ, אוֹ שֶׁנִּטְמָא בְּדַם תְּבוּסָה, אוֹ בְּגוֹלֵל וּבְדֹפֵק וְכַיּוֹצֵא בָּהֶן - מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת, מִפְּנֵי שֶׁהֵן אָבוֹת שֶׁל דִבְרֵיהֶם, כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת טֻמְאַת מֵת.
If, however, a priest enters a cemetery, he receives lashes according to Scriptural Law.51אֲבָל אִם נִכְנַס לְבֵית הַקְּבָרוֹת, לוֹקֶה מִן הַתּוֹרָה.
14It is permissible for a priest to become impure through walking through a beit hapras or the diaspora for the sake of a mitzvah, when there is no way other than that, e.g., he went to marry or to study Torah. Even though there is someone who could teach him in Eretz Yisrael, he is permitted to leave, because a person does not merit to learn from every colleague.ידמֻתָּר לַכֹּהֵן לְהִתְטַּמֵּא בְּבֵית הַפְּרָס אוֹ בְּחוּצָה לָאָרֶץ לִדְבַר מִצְוָה, בִּזְמַן שֶׁאֵין שָׁם דֶּרֶךְ אֶלָא הִיא - כְּגוֹן שֶׁהָלַךְ לִשָּׂא אִשָּׁה אוֹ לִלְמֹד תּוֹרָה. אַף עַל פִּי שֶׁיֵּשׁ שָׁם מִי שֶׁיְּלַמְּדוֹ בְּאֶרֶץ יִשְׂרָאֵל, לֹא מִן הַכֹּל אָדָם זוֹכֶה לִלְמֹד.
Similarly, a person may incur ritual impurity that is Rabbinic in origin to show respect to other people.וְכֵן מִתְטַּמֵּא בְּטֻמְאָה שֶׁל דִבְרֵיהֶם לִכְבוֹד הַבְּרִיּוֹת.
What is implied? If a mourner walked through a beit hapras, everyone52 follows after him to comfort him.כֵּיצַד? אָבֵל שֶׁהָלַךְ לְבֵית הַפְּרָס, הַכֹּל הוֹלְכִין אַחֲרָיו לְנַחֲמוֹ שָׁם.
Similarly, we may walk over the coffins of the dead53 to greet Jewish kings. This is allowed even to greet gentile kings, so that a distinction will be able to be made between them and Jewish kings when their glory will return to its place.54וְכֵן מְדַלְּגִין עַל גַּבֵּי אֲרוֹנוֹת שֶׁל מֵתִים לִקְרַאת מְלָכִים, וְאַפִלּוּ מַלְכֵי עוֹבְדֵי כּוֹכָבִים - כְּדֵי לְהַבְחִין בֵּינָם לְבֵין מַלְכֵי יִשְׂרָאֵל כְּשֶׁיַחֲזֹר כְּבוֹדָן לִמְקוֹמָן. וְכֵן כֹּל כַיּוֹצֵא בְּזֶה.
Similarly, leniency is granted in all analogous situations. Also, a priest may incur ritual impurity of Rabbinic origin to enter in judgment and disputation with gentiles concerning property, for he is saving it from their hands. Similar laws apply in all analogous situations.וְכֵן מִתְטַּמֵּא בְּטֻמְאָה שֶׁל דִבְרֵיהֶם לָדוּן עִם הַעוֹבְדֵי כּוֹכָבִים וּלְעַרְעֵר עִמָּהֶן, מִפְּנֵי שֶׁהוּא מַצִּיל מִיָּדָם. וְכֵן כֹּל כַיּוֹצֵא בְּזֶה.

Avel - Chapter 4

1These are the customs observed by the Jewish people with regard to corpses and burial. We close the eyes of the deceased.1 If one’s mouth hangs open, we tie the jaw closed. After washing the corpse,2 we stuff closed the orifices,3 anoint it with different fragrances,4 cut its hair, and dress it in shrouds of white linen5 which are not expensive.אמִנְהַג יִשְׂרָאֵל בַּמֵּתִים וּבַקְּבוּרָה כָּךְ הוּא: מְאַמְּצִין עֵינָיו שֶׁל מֵּת, וְאִם נִפְתַּח פִּיו - קוֹשְׁרִין אֶת לְחָיָיו. וּפוֹקְקִין אֶת נְקָבָיו אַחַר שֶׁמְּדִיחִין אוֹתוֹ. וְסָכִין אוֹתוֹ בְּמִינֵי בְּשָׂמִים. וְגוֹזְזִין שְׂעָרוֹ. וּמַלְבִּישִׁין אוֹתוֹ תַּכְרִיכִין תְּפוּרִין שֶׁל פִשְׁתָּן לְבָנִים. וְלֹא יִהְיוּ דְּמֵיהֶם יְקָרִים.
Our Sages followed the custom of using a cloak worth a zuz,6 so as not to embarrass a person who lacks resources. We cover the faces of the deceased so as not to embarrass the poor whose faces turned black because of hunger.נָהֲגוּ חֲכָמִים בְּסוּדָר שָׁוֶה זוּז, שֶׁלֹּא לְבַיֵּשׁ אֶת מִי שֶׁאֵין לוֹ. וּמְכַסִּין פְּנֵי הַמֵּת, שֶׁלֹּא לְבַיֵּשׁ אֶת הָעֲנִיִּים שֶׁפְּנֵיהֶם מֻשְׁחָרִין בָּרָעָב.
2It is forbidden to bury the dead, even a nasi among the Jewish people, in silk shrouds or clothes embroidered with gold, for this is an expression of haughtiness, the destruction of useful property,7 and the emulation of gentile practices.8 We carry the dead on our shoulders to the cemetery.9בוְאָסוּר לִקְבֹּר בְּתַכְרִיכִין שֶׁל מֶשִׁי וּבִבְגָדִים הַמֻּזְהָבִין הַמְּרֻקָּמִין, אַפִלּוּ לַנָּשִׂיא שֶׁבְּיִשְׂרָאֵל, שֶׁזּוֹ גַּסּוּת רוּחַ וְהַשְׁחָתָה, וּמַעֲשֵׂה עוֹבְדֵי כּוֹכָבִים. וְסוֹבְלִין אֶת הַמֵּת עַל הַכָּתֵף, עַד בֵּית הַקְּבָרוֹת.
3The pallbearers are forbidden to wear sandals, lest the strap of one of them snap and he hold back the performance of the mitzvah.10גוְנוֹשְׂאֵי הַמִּטָּה אֲסוּרִין בִּנְעִילַת הַסַּנְדָּל - שֶׁמָּא תִּפָּסֵק רְצוּעָה מִסַּנְדָּלוֹ שֶׁל אֶחָד מֵהֶן, וְנִמְצָא מִתְעַכֵּב מִן הַמִּצְוָה.
4We dig burial caves in the earth and make hollows at the side of the caves. There we bury the corpse with its face upward;11 we then place the earth and the stones back in place above it. They may bury it in a wooden coffin.12 Those who accompany the corpse tell him: “Go in peace,”13 as Genesis 15:15 states: “You will go to your ancestors in peace.”14 Markings15 are made on the graves. A tombstone is placed on the grave.16דוְחוֹפְרִין בֶּעָפָר מְעָרוֹת, וְעוֹשִׂין כּוּךְ בְּצַד הַמְּעָרָה, וְקוֹבְרִין אוֹתוֹ בּוֹ וּפָנָיו לְמַעְלָה, וּמַחֲזִירִין הֶעָפָר וְהָאֲבָנִים לְמַעְלָה. וְיֵשׁ לָהֶן לִקְבֹּר בְּאָרוֹן שֶׁל עֵץ. וְהַמְּלַוִּין אֶת הַמֵּת אוֹמְרִין לוֹ 'לֵךְ בְּשָׁלוֹם', שֶׁנֶּאֱמַר "וְאַתָּה תָּבוֹא אֶל אֲבֹתֶיךָ בְּשָׁלוֹם" (בראשית טו, טו). וּמְצַיְּנִין אֶת הַקְּבָרוֹת, וּבוֹנִין נֶפֶשׁ עַל הַקֶּבֶר.
For the righteous, by contrast, a tombstone is not placed, because their words will cause them to be remembered; a person will not need to visit in the cemeteries.17וְהַצַּדִּיקִים, אֵין בּוֹנִים לָהֶם נֶפֶשׁ עַל קִבְרוֹתֵיהֶן - דִּבְרֵיהֶם הֵם זִכְרוֹנָם. וְלֹא יִפְנֶה אָדָם לְבַקֵּר הַקְּבָרוֹת.
5A person in his death roes is considered as a living person with regard to all matters.18 We do not tie his cheek, stuff his orifices, nor do we place a metal utensil or a utensil that cools on his navel so that his body will not bloat. We do not anoint it or wash it or place it on sand or on salt until the person dies.19 One who touches him is considered as shedding blood.ההַגּוֹסֵס, הֲרֵי הוּא כְּחַי לְכָל דָּבָר. אֵין קוֹשְׁרִין לְחָיָיו, וְאֵין פּוֹקְקִין נְקָבָיו, וְאֵין מַנִּיחִין כְּלֵי מַתְּכוֹת וּכְלֵי מֵקַר עַל טַבּוּרוֹ שֶׁלֹּא יִתְפַּח, וְלֹא סָכִין אוֹתוֹ, וְלֹא מְדִיחִין אוֹתוֹ, וְלֹא מְטִילִין אוֹתוֹ עַל הַחוֹל וְלֹא עַל הַמֶּלַח - עַד שָׁעָה שֶׁיָּמוּת. וְהַנּוֹגֵעַ בּוֹ, הֲרֵי זֶה שׁוֹפֵךְ דָּמִים.
To what can the matter be compared? To a candle that is flickering; were a person to touch it, it will be extinguished. Similarly, anyone who closes a dying person’s eyes as his soul expires is considered as shedding blood. Instead, they should wait some time lest he have fainted. Similarly, we do not rend our clothes because of him, uncover our shoulders,20 recite eulogies, or bring a coffin or shrouds into the house until the person dies.21לְמַה זֶה דּוֹמֶה? לְנֵר שֶׁמְּטַפְטֵף - כֵּיוָן שֶׁיִּגַּע בּוֹ אָדָם, יִכְבֶּה. וְכָל הַמְּאַמֵּץ עִם יְצִיאַת נֶפֶשׁ, הֲרֵי זֶה שׁוֹפֵךְ דָּמִים, אֶלָא יִשְׁהֶה מְעַט, שֶׁמָּא נִתְעַלֵּף. וְכֵן אֵין קוֹרְעִין עָלָיו, וְלֹא חוֹלְצִין כָּתֵף, וְלֹא מַסְפִּידִין, וְלֹא מַכְנִיסִין עִמּוֹ אָרוֹן וְתַכְרִיכִין בַּבַּיִת - עַד שֶׁיָּמוּת.
6When a person’s dead is lying before him, he should eat in another house.22 If he does not have another house, he should construct a partition and eat. If he does not have the materials to make a partition, he should turn away his face and eat. Under no circumstances should he recline23 and eat or eat meat or drink wine.24 He does not recite the blessing before eating, nor the grace after meals. Others do not recite the blessings for him, nor is he included in a quorum of three for the recitation of grace.25 He is free from the obligation to recite the Shema, pray, put on tefillin, or observe any of the mitzvot stated in the Torah.26ומִי שֶׁמֵּתוֹ מֻטָּל לְפָנָיו, אוֹכֵל בְּבַיִת אַחֵר. אֵין לוֹ בַּיִת אַחֵר, עוֹשֶׂה מְחִצָּה וְאוֹכֵל. אֵין לוֹ דָּבָר לַעֲשׂוֹת מְחִצָּה, מַחֲזִיר פָּנָיו וְאוֹכֵל. וּבֵין כָּךְ וּבֵין כָּךְ, אֵינוֹ מֵסֵב וְאוֹכֵל, וְלֹא אוֹכֵל בָּשָׂר, וְאֵינוֹ שׁוֹתֶה יַיִן, וְאֵינוֹ מְבָרֵךְ, וְאֵינוֹ מְזַמֵן, וְאֵין מְבָרְכִין עָלָיו, וְאֵין מְזַמְנִין עָלָיו, וּפָטוּר מִקְּרִיַת שְׁמַע, וּמִן הַתְּפִלָּה, וּמִן הַתְּפִלִּין, וּמִכָּל מִצְוֹת הָאֲמוּרוֹת בַּתּוֹרָה.
On the Sabbath,27 he should recline, eat meat and drink wine, recite the blessing before eating, and recite grace. Others may recite blessings for him. He is included in a quorum for grace and is obligated in all the mitzvot of the Torah with the exception of sexual relations.28 Once the dead is buried, he is permitted to eat meat and drink a small amount of wine to help digest the food that he has eaten, but not in an unrestrained manner.29בַּשַּׁבָּת - מֵסֵב, וְאוֹכֵל בָּשָׂר, וְשׁוֹתֶה יַיִן, וּמְזַמֵן, וּמְבָרֵךְ, וּמְבָרְכִין עָלָיו, וּמְזַמְנִין עָלָיו. וְחַיָּב בְּכָל מִצְוֹת הָאֲמוּרוֹת בַּתּוֹרָה, חוּץ מִתַּשְׁמִישׁ הַמִּטָּה. נִקְבַּר הַמֵּת - הֲרֵי זֶה מֻתָּר לֶאֱכֹל בָּשָׂר, וְלִשְׁתּוֹת יַיִן מְעַט כְּדֵי לִשְׁרוֹת אֲכִילָה שֶׁבְּמֵעָיו, אֲבָל לֹא לִרְווֹת.
7We do not delay the burial of the dead. Instead, we hurry to bury him immediately. Hastening the burial is praiseworthy.30 For one’s father and mother, by contrast, it is demeaning.31זאֵין מַשְׁהִין אֶת הַמֵּת, אֶלָא מַדְחִין מִטָּתוֹ מִיָּד. וְכָל הַמַּדְחֶה מִטָּתוֹ, הֲרֵי זֶה מְשֻׁבָּח. וְעַל אָבִיו וְעַל אִמּוֹ, הֲרֵי זֶה מְגֻנֶּה.
8On Friday or the day before a festival32 or when rain is drenching the coffin, it is permitted to hurry even the funeral of one’s parents. For the person hurried the funeral only as an expression of honor for his father and mother. Whoever delays the burial of his dead overnight violates a negative commandment,33 unless he delays the burial for the honor of the dead34 and to complete providing for his needs.חהָיָה עֶרֶב שַׁבָּת אוֹ עֶרֶב יוֹם טוֹב, אוֹ שֶׁהָיוּ גְּשָׁמִים מְזַלְּפִין עַל הַמִּטָּה - מֻתָּר, שֶׁלֹּא אֵחַר אֶלָא לִכְבוֹד אָבִיו וְאִמּוֹ. וְכָל הַמֵּלִין אֶת מֵתוֹ - עוֹבֵר בְּלֹא תַעֲשֶׂה, אֶלָא אִם כֵּן הֱלִינוֹ לִכְבוֹדוֹ וּלְהַשְׁלִים צְרָכָיו.
9On the first day alone,35 it is forbidden for a mourner to put on tefillin or to eat food of his own.36 He must sit on an overturned bed.37 During the remainder of the days of mourning,38 he may eat his own food, sit on a mat or on the ground,39 and put on tefillin. What is the source which teaches that a mourner may not put on tefillin on the first day? Instructions were given Ezekiel (Ezekiel 24:17): “Your glory should be bound upon you.”40 Implied is that other people are forbidden.41 He was instructed: “Do not eat the bread of men.” Implied is that other people should eat from others on the first day and are forbidden to eat their own food.42טהָאָבֵל בְּיוֹם הָרִאשׁוֹן בִּלְבַד אָסוּר לְהַנִּיחַ תְּפִלִּין, וְלֶאֱכֹל מִשֶּׁלּוֹ, וְחַיָּב לֵישֵׁב עַל מִטָּה כְּפוּיָה. וּבִשְׁאָר יְמֵי הָאֵבֶל מֻתָּר לוֹ לֶאֱכֹל מִשֶּׁלּוֹ, וְלֵישֵׁב עַל גַּבֵּי מַפָּץ אוֹ קַרְקַע, וּמַנִּיחַ תְּפִלִּין. וּמְנַיִן שֶׁהוּא אָסוּר בָּרִאשׁוֹן לְהַנִּיחַ תְּפִלִּין? שֶׁהֲרֵי נֶאֱמַר לִיחֶזְקֵאל: "פְּאֵרְךָ חֲבוֹשׁ עָלֶיךָ" (יחזקאל כד, יז), מִכְּלָל שֶׁכָּל הָעָם אֲסוּרִין. וְנֶאֱמַר לוֹ "וְלֶחֶם אֲנָשִׁים לֹא תֹאכֵל" (שם) - מִכְּלָל שֶׁכָּל הָעָם אוֹכְלִין מִשֶׁל אֲחֵרִים בְּיוֹם רִאשׁוֹן, וַאֲסוּרִין לֶאֱכֹל מִשֶּׁל עַצְמָן.

Avel - Chapter 5

1These are the matters forbidden to a mourner on the first day according to Scriptural Law and on the remaining seven days according to Rabbinic Law.1 He is forbidden to cut his hair, launder his clothes, wash, anoint himself, engage in sexual relations, wear shoes, perform work, study the Torah, stand his bed upright, leave his head uncovered, and greet others, eleven matters in total.2אאֵלּוּ דְּבָרִים שֶׁהָאָבֵל אָסוּר בָּהֶן בְּיוֹם הָרִאשׁוֹן מִן הַתּוֹרָה, וּבִשְׁאָר שִׁבְעַת יְמֵי הָאֵבֶל מִדִּבְרֵיהֶם: אָסוּר לְסַפֵּר, וּלְכַבֵּס, וְלִרְחֹץ, וְלָסוּךְ, וּלְשַׁמֵּשׁ מִטָּתוֹ, וְלִנְעֹל אֶת הַסַּנְדָּל, וְלַעֲשׂוֹת מְלָאכָה, וְלִקְרוֹת בְּדִבְרֵי תּוֹרָה, וְלִזְקֹף אֶת הַמִּטָּה, וְלִפְרֹעַ אֶת רֹאשׁוֹ, וְלִשְׁאֹל שָׁלוֹם. הַכֹּל אַחַד עָשָׂר דָּבָר.
2Which source teaches that a mourner is forbidden to have his hair cut? Leviticus 10:6 warns the sons of Aaron:3 “Do not let the hair of your heads grow untended.” Implied is that every mourner is forbidden to cut his hair. Instead, he lets his hair grow untended.4 Just as he is forbidden to cut off his hair; so, too, he is forbidden to trim5 his beard and any other hair on his body. This applies to cutting hair6 and having one’s own hair cut.בוּמִנַיִן שֶׁהָאָבֵל אָסוּר בְּתִּסְפֹּרֶת? שֶׁהֲרֵי הִזְהִיר בְּנֵי אַהֲרוֹן "רָאשֵׁיכֶם אַל תִּפְרָעוּ" (ויקרא י, ו) - מִכְּלָל שֶׁכָּל הַמִּתְאַבֵּל אָסוּר לְסַפֵּר שְׂעָרוֹ, אֶלָא מְגַדֵּל פֶּרַע. וּכְשֵׁם שֶׁאָסוּר לְגַלֵּחַ שְׂעַר רֹאשׁוֹ, כָּךְ אָסוּר לְגַלֵּחַ שְׂעַר זְקָנוֹ, וְכָל שֵׂעָר שֶׁיֵּשׁ בּוֹ. אֶחָד הַמְּגַלֵּחַ וְאֶחָד הַמִּתְגַּלֵּחַ.
If he was in the midst of a haircut and he heard that his father died, he may complete the haircut.7 This applies to cutting hair8 and having one’s own hair cut.הָיָה מְגַלֵּחַ וְשָׁמַע שֶׁמֵּת אָבִיו - מַשְׁלִים תִּגְלַחַת רֹאשׁוֹ, אֶחָד הַמְּגַלֵּחַ וְאֶחָד הַמִּתְגַּלֵּחַ.
Similarly, it is forbidden to cut off one’s mustache or to cut one’s nails with a utensil. One may, however, bite off one’s nails or trim them with one’s other nails.וְכֵן אָסוּר לְגַלֵּחַ שָׂפָה, וְלִטֹּל צִפָּרְנָיו בִּכְלִי; אֲבָל בְּשִׁנָּיו אוֹ שֶׁנָּטַל צִפֹּרֶן בְּצִפֹּרֶן, מֻתָּר.
3Which source teaches that a mourner is forbidden to launder his clothes and to wash and anoint his body? II Samuel 14:2 states:9 “Please conduct yourself as a mourner; please wear mourner’s clothes and do not anoint yourself with oil.”גוּמִנַיִן שֶׁהָאָבֵל אָסוּר לְכַבֵּס בְּגָדָיו וְלִרְחֹץ גּוּפוֹ וְלָסוּךְ? שֶׁנֶּאֱמַר "הִתְאַבְּלִי נָא וְלִבְשִׁי נָא בִגְדֵי אֵבֶל וְאַל תָּסוּכִי שֶׁמֶן" (שמואל ב יד, ב).
Washing is including in anointing oneself, for it is a preliminary step before anointing oneself as Ruth 3:3 states: “Wash and anoint yourself.”וּרְחִיצָה בִּכְלַל סִיכָה - שֶׁהָרְחִיצָה קוֹדֶמֶת לַסִּיכָה, שֶׁנֶּאֱמַר "וְרָחַצְתְּ וָסַכְתְּ" (רות ג, ג).
Just as a mourner is forbidden to launder clothes; so, too, he is forbidden to wear new and freshly pressed white clothes.10וּכְשֵׁם שֶׁהָאָבֵל אָסוּר בְּכִבּוּס בְּגָדִים, כָּךְ אָסוּר לִלְבֹּשׁ כֵּלִים לְבָנִים חֲדָשִׁים וּמְגֹהָצִין.
4As it is forbidden to anoint one’s entire body; so, too, it is forbidden to anoint a portion of one’s body. To remove filth, however, it is permitted.11 Similarly, it is forbidden to wash a portion of one’s body in hot water. One may, however, wash one’s face, one’s hands, and one’s feet - but not one’s entire body - in cold water.דאָסוּר לָסוּךְ מִקְצַת גּוּפוֹ, כְּכָל גּוּפוֹ. וְאִם לְהַעְבִיר אֶת הַזֻּהְמָה, מֻתָּר. וְכֵן אָסוּר בִּרְחִיצַת מִקְצַת גּוּפוֹ בְּחַמִּין; אֲבָל בְּצוֹנֵן - רוֹחֵץ פָּנָיו יָדָיו וְרַגְלָיו, אֲבָל לֹא כָּל גּוּפוֹ.
5Which source teaches that a mourner is forbidden to engage in sexual relations?12 II Samuel 12:24 states: “And David comforted his wife, Batsheva,13 and he came to her and lay with her.” This indicates that this was forbidden beforehand.המִנַיִן לָאָבֵל שֶׁאָסוּר בְּתַשְׁמִישׁ הַמִּטָּה? שֶׁנֶּאֱמַר "וַיְנַחֵם דָּוִד אֵת בַּת שֶׁבַע אִשְׁתּוֹ וַיָּבֹא אֵלֶיהָ וַיִּשְׁכַּב עִמָּהּ" (שמואל ב יב, כד). מִכְּלָל שֶׁהָיָה אָסוּר מִקֹּדֶם.
Similarly, a mourner should not marry a woman,14 nor should a woman marry while mourning even though they do not engage in relations. It is permitted for a mourner to remain in solitude with his wife15 even though he is forbidden to engage in sexual relations.16וְכֵן לֹא יִשָּׂא הָאָבֵל אִשָּׁה, וְלֹא תִנָּשֵׂא הָאִשָּׁה, אַף עַל פִּי שֶׁאֵין מְשַׁמְּשִׁין מִטָּתָן. וּמֻתָּר לְהִתְיַחֵד עִם אִשְׁתּוֹ, אַף עַל פִּי שֶׁהוּא אָסוּר בְּתַשְׁמִישׁ הַמִּטָּה.
6Which source teaches that a mourner is forbidden to wear shoes?17 Ezekiel was instructed Ezekiel 24:17:18 “And place your shoes on your feet.” Implied is that all others are forbidden. If a person is traveling on a journey, he may wear shoes and proceed on his way.19 When he enters a city,20 he should remove his shoes.ומִנַיִן שֶׁהָאָבֵל אָסוּר בִּנְעִילַת הַסַּנְדָּל? שֶׁהֲרֵי נֶאֱמַר בִּיחֶזְקֵאל "וּנְעָלֶיךָ תָּשִׂים בְּרַגְלֶיךָ" (יחזקאל כד, יז), מִכְּלָל שֶׁכָּל הָעָם אֲסוּרִין. הָיָה בָּא בַּדֶּרֶךְ - נוֹעֵל וְהוֹלֵךְ; וּכְשֶׁיִּכָּנֵס בַּמְּדִינָה - חוֹלֵץ מִנְעָלָיו.
7An allusion21 to the prohibition against a mourner performing labor can be derived from Amos 8:10: “I shall transform your festivals into mourning.” Just As it is forbidden to perform work on a festival; so, too, a mourner is forbidden to perform work.זרֶמֶז לְאָבֵל שֶׁאָסוּר בַּעֲשִׂיַּת מְלָאכָה, זֶה שֶׁנֶּאֱמַר "וְהָפַכְתִּי חַגֵּיכֶם לְאֵבֶל" (עמוס ח, י) - מַה חָג אָסוּר בַּעֲשִׂיַּת מְלָאכָה, אַף אָבֵל אָסוּר בַּעֲשִׂיַּת מְלָאכָה.
And just as a mourner is forbidden to perform work; so, too, is he forbidden to engage in commercial transactions22 and to travel from city to city on a business trip.23וּכְשֵׁם שֶׁהוּא אָסוּר בַּעֲשִׂיַּת מְלָאכָה, כָּךְ הוּא אָסוּר לִשָּׂא וְלִתֵּן בִּסְחוֹרָה, וְלֵילֵךְ מִמְּדִינָה לִמְדִינָה בִּסְחוֹרָה.
8For the first three days, all mourners, even a poor person who derives his livelihood from charity, are forbidden to perform work.24 After that period, if the mourner is indigent,25 he may perform this work privately in his home.26 A woman may spin fabric on a spindle in her home.27חכָּל שְׁלוֹשָׁה יָמִים הָרִאשׁוֹנִים אָסוּר בַּעֲשִׂיַּת מְלָאכָה, אַפִלּוּ הָיָה עָנִי הַמִּתְפַּרְנֵס מִן הַצְּדָקָה. מִכָּאן וְאֵילָּךְ, אִם הָיָה עָנִי - עוֹשֶׂה בְּצִנְעָה בְּתוֹךְ בֵּיתוֹ, וְהָאִשָּׁה טוֹוָה בַּפֶּלֶךְ בְּתוֹךְ בֵּיתָהּ.
9When two brothers or two partners operate one store together and one of them is forced to mourn, the store should be closed for all seven days of mourning.28טשְׁנֵי אַחִים אוֹ שְׁנֵי שֻׁתָּפִין שֶׁהָיוּ בְּחָנוּת אַחַת, וְאֵרַע אֵבֶל לְאֶחָד מֵהֶן - נוֹעֲלִין אֶת הֶחָנוּת כָּל שִׁבְעָה.
10Even activities which are permitted to be performed during chol hamo’ed29 may not be performed by a mourner during the days of mourning.30 Others31 may, however, perform these tasks on his behalf.32יאַפִלּוּ דְּבָרִים הַמֻּתָּרִין לַעֲשׂוֹתָן בְּחֻלּוֹ שֶׁל מּוֹעֵד, אָסוּר לָאָבֵל לַעֲשׂוֹתָן בְּיָדוֹ בִּימֵי אֶבְלוֹ; אֲבָל אֲחֵרִים עוֹשִׂים לוֹ.
What is implied? If it is necessary to turn over a person’s olives,33 put pitch on his barrels,34 or bring his flax up from the vat where it is soaking or his wool from the kettle where it is being dyed,35 he may hire someone else to perform this task on his behalf so that he will not suffer a loss.36 And he may have his field irrigated in the irrigation season.כֵּיצַד? הָיוּ זֵיתָיו לַהֲפֹּךְ, וְכַדָּיו לָגוּף, וּפִשְׁתָּנוֹ לַעֲלוֹת מִן הַמִּשְׁרָה, וְצַמְרוֹ מִן הַיּוֹרָה - שׂוֹכֵר אֲחֵרִים לַעֲשׂוֹתָן לוֹ כְּדֵי שֶׁלֹּא יֹאבְדוּ. וּמְרַבְּצִין לוֹ שָׂדֵהוּ מִשֶּׁתַּגִּיעַ עוֹנַת הַמַּיִם.
11His sharecroppers37 or those who hire his fields38 may perform work in their ordinary way.39יאהָאֲרִיסִין וְהַחֲכִירִין שֶׁלּוֹ וְהַקַּבְּלָנִין - הֲרֵי אֵלּוּ יַעֲשׂוּ כְּדַרְכָּן.
But donkey-drivers and camel-drivers who rent his animals and sailors who rent his ships should not perform work.40אֲבָל הַחַמָּרִין וְהַגַּמָּלִין בַּבְּהֵמוֹת שֶׁלּוֹ, וְהַסַּפָּנִין בַּסְּפִינָה שֶׁלּוֹ - הֲרֵי אֵלּוּ לֹא יַעֲשׂוּ.
If the animals or ships were hired out41 or rented out previously for a specific time, the renters may perform work.42וְאִם הָיוּ מֻחְכָּרִין אוֹ מֻשְׂכָּרִין מִקֹּדֶם לִזְמַן קָצוּב - הֲרֵי אֵלּוּ יַעֲשׂוּ.
12A worker43 hired by the day - even if he is located in another city - should not perform work on behalf of the mourner.44יבשְׂכִיר יוֹם, אַפִלּוּ בְּעִיר אַחֶרֶת - לֹא יַעֲשֶׂה לוֹ.
13When a mourner was charged with doing tasks45 on behalf of others, whether as a contractor46 or not as a contractor, he should not perform them.47יגהָאָבֵל שֶׁהָיְתָה מְלֶאכֶת אֲחֵרִים בְּיָדוֹ, בֵּין בְּקַבְּלָנוּת בֵּין שֶׁאֵינָהּ בְּקַבְּלָנוּת - לֹא יַעֲשֶׂה.
If his tasks were entrusted to others, they should not work on them in his home,48 but may work on them elsewhere.49הָיְתָה מְלַאכְתּוֹ בְּיַד אֲחֵרִים: בְּבֵיתוֹ - לֹא יַעֲשׂוּ, בְּבֵית אֲחֵרִים - עוֹשִׂין.
14If a mourner has litigation with a colleague, he should not prosecute the matter throughout the seven days of mourning.50 If it concerned a matter that could lead to a loss,51 he should appoint an agent.52 The Geonim ruled in this manner.ידהָיָה לוֹ דִּין עִם אָדָם, אֵינוֹ תּוֹבֵעַ אוֹתוֹ כָּל שִׁבְעַת יְמֵי הָאֲבֵלוּת. וְאִם הָיָה דָּבָר אָבֵד - עוֹשֶׂה שָׁלִיחַ. כְּזֶה הוֹרוּ הַגְּאוֹנִים.
15Which source teaches that a mourner is forbidden to speak words of Torah? Ezekiel was instructed Ezekiel 24:17:53 “Be silent from groaning.”טומִנַיִן שֶׁהָאָבֵל אָסוּר בְּדִבְרֵי תּוֹרָה? שֶׁהֲרֵי נֶאֱמַר לִיחֶזְקֵאל "הֵאָנֵק דֹּם" (יחזקאל כד, יז).
16He is forbidden to read from the Torah, the Prophets, and the Holy Scriptures and to study the Mishnah, the Midrash,54 and the Halachot.55 If many require his instruction, he is permitted, provided he does not appoint a spokesman.56טזאָסוּר לִקְרוֹת בַּתּוֹרָה וּבַנְּבִיאִים וּבַכְּתוּבִים, וְלִשְׁנוֹת בַּמִּשְׁנָה וּבַמִּדְרָשׁ וּבַהֲלָכוֹת. וְאִם הָיוּ רַבִּים צְרִיכִין לוֹ – מֻתָּר. וּבִלְבָד שֶׁלֹּא יַעֲמִיד תֻּרְגְּמָן.
Instead, he should whisper to the person sitting next to him. That person should relate the teachings to the spokesman and the spokesman should communicate them to the people at large.אֶלָא יִלְחֹשׁ לְאַחֵר בְּצִדּוֹ, וְזֶה שֶׁבְּצִדּוֹ אוֹמֵר לַתֻּרְגְּמָן, וְהַתֻּרְגְּמָן מַשְׁמִיעַ לָרַבִּים.
17Which source teaches that a mourner should not sit on a bed?57 II Samuel 13:31 states:58 “And the king arose, rent his garments, and lay on the ground.’’יזוּמִנַיִן שֶׁאֵין הָאָבֵל יוֹשֵׁב עַל הַמִּטָּה? שֶׁנֶּאֱמַר "וַיָּקָם הַמֶּלֶךְ וַיִּקְרַע אֶת בְּגָדָיו וַיִּשְׁכַּב אָרְצָה" (שמואל ב יג, לא).
18A mourner is obligated to overturn his bed for all seven days of mourning. This applies not only to his own bed. Instead, he must overturn all the beds he has in his house. Moreover, even if he has ten beds in ten homes in ten cities, he is obligated to overturn all of them.יחוְחַיָּב לִכְפּוֹת אֶת הַמִּטָּה כָּל שִׁבְעָה. וְלֹא מִטָּתוֹ בִּלְבַד הוּא כּוֹפֶה, אֶלָא כָּל הַמִטּוֹת שֶׁיֵּשׁ לוֹ בְּתוֹךְ בֵּיתוֹ הוּא כּוֹפֶה. אַפִלּוּ עֶשֶׂר מִטּוֹת בַּעֲשָׂרָה בָּתִּים וּבְעֶשֶׂר עֲיָרוֹת - חַיָּב לִכְפּוֹת אֶת כֻּלָּן.
Even if there are five brothers and one of them dies, all the remainder must overturn their beds.וְאַפִלּוּ חֲמִשָּׁה אַחִים, וּמֵת אֶחָד מֵהֶן - כֻּלָּן כּוֹפִין אֶת כָּל מִטּוֹתֵיהֶן.
When a bed is set aside to be used for money or for utensils, it need not be overturned. Similarly, a dargesh59 need not be overturned. Instead, the straps should be released and the bed allowed to fall.הַמִּטָּה הַמְּיֻחֶדֶת לְכֵלִים אוֹ לְמָעוֹת, אֵינוֹ צָרִיךְ לִכְפּוֹתָהּ. דַּרְגָּשׁ, אֵינוֹ צָרִיךְ לִכְפּוֹתוֹ, אֶלָא מַתִּיר אֶת קַרְבִּיטָיו וְהוּא נוֹפֵל מֵאֵלָיו.
When bed posts emerge from a bed and so it is impossible to turn it over, he should turn it on its side while upright; this is sufficient.מִטָּה שֶׁנַּקְלִיטֶיהָ יוֹצְאִין מִמֶּנָּה, שֶׁהֲרֵי אִי אֶפְשָׁר לְהָפְכָהּ - זוֹקְפָהּ וְדַיּוֹ.
If a person turned all his own beds over, but slept on beds belonging to others, on a chair, on a chest, or on the ground, he does not fulfill his obligation. Instead, he must sleep on the overturned bed.הָפַךְ כָּל מִטּוֹתָיו, וְהָיָה הוּא יָשֵׁן עַל גַּבֵּי מִטּוֹת אֲחֵרִים, אוֹ עַל גַּבֵּי כִּסֵּא, אוֹ עַל גַּבֵּי אָרוֹן, אוֹ עַל גַּבֵּי קַרְקַע - לֹא יָצָא יְדֵי חוֹבָתוֹ, אֶלָא יִישַׁן עַל גַּבֵּי מִטָּה הַכְּפוּיָה.
19Which source teaches that a mourner is forbidden to uncover his head? Ezekiel was instructed Ezekiel 24:17: “Do not veil your face until the lips.” Implied is that others are obligated to cover their heads.60יטמִנַיִן לָאָבֵל שֶׁאָסוּר בִּפְרִיעַת הָרֹאשׁ? שֶׁהֲרֵי נֶאֱמַר לִיחֶזְקֵאל "לֹא תַעְטֶה עַל שָׂפָם" (יחזקאל כד, יז), מִכְּלָל שֶׁשְּׁאָר הָאֲבֵלִים חַיָּבִין בַּעֲטִיפַת הָרֹאשׁ.
He should use the sash with which he covers his head and wind a portion of it over his mouth slightly. In this vein, Onkelos renders61 Leviticus 13:45: “He should veil his face until his lips,” as “He should cover himself like a mourner.”62וְהַסּוּדָר שֶׁמְּכַסֶּה בּוֹ רֹאשׁוֹ עוֹטֶה מִּקְצָתוֹ מְעַט עַל פִּיו, שֶׁנֶּאֱמַר "וְעַל שָׂפָם יַעְטֶה" (ויקרא יג, מה) - וְאֻנְקֳלוֹס תִּרְגֵּם: כַּאֲבִילָא יִתְעַטָּף.
20Which source teaches that a mourner is forbidden to exchange greetings with colleagues? Ezekiel was instructed: “Be silent from groaning.”כוּמִנַיִן שֶׁהָאָבֵל אָסוּר בִּשְׁאֵלַת שָׁלוֹם? שֶׁנֶּאֱמַר "הֵאָנֵק דֹּם" (יחזקאל כד, יז).
For the entire first three days, if someone greets him, he does not respond with greetings. Instead, he notifies him that he is a mourner. From the third day until the seventh, when a person greets him,63 he should respond with greetings. From the seventh until the thirtieth day, he may greet others,64 but others should not greet him65 until after thirty days have passed.כָּל שְׁלוֹשָׁה יָמִים הָרִאשׁוֹנִים, מִי שֶׁנָּתַן לוֹ שָׁלוֹם - אֵינוֹ מַחֲזִיר לוֹ אֶלָא מוֹדִיעוֹ שֶׁהוּא אָבֵל. וּמִשְּׁלוֹשָׁה וְעַד שִׁבְעָה, מִי שֶׁשָּׁאַל בִּשְׁלוֹמוֹ - מַחֲזִיר לוֹ שָׁלוֹם. וּמִשִּׁבְעָה וְעַד שְׁלוֹשִׁים - שׁוֹאֵל בִּשְׁלוֹם אֲחֵרִים, אֲבָל אֲחֵרִים אֵין שׁוֹאֲלִין בִּשְׁלוֹמוֹ עַד לְאַחַר שְׁלוֹשִׁים יוֹם.
And when he is in mourning for his father or mother, he should not be greeted until after twelve months.וְעַל אָבִיו וְעַל אִמּוֹ - אֵין שׁוֹאֲלִין בִּשְׁלוֹמוֹ עַד לְאַחַר שְׁנֵים עָשָׂר חֹדֶשׁ.
If he is forbidden to greet a colleague during the mourning period, one can certainly infer that he is forbidden to engage in lengthy talk and frivolity, as implied by the instruction: “Be silent.”אִם בִּשְׁאֵלַת שָׁלוֹם נֶאֱסָר הָאָבֵל, קַל וְחֹמֶר שֶׁהוּא אָסוּר לְהַרְבּוֹת דְּבָרִים וְלִשְׂחֹק, שֶׁנֶּאֱמַר "דֹּם" (יחזקאל כד, יז).
He should not hold an infant in his arms so that he will not lead him to laughter.66 And he should not enter a place of celebration, e.g., a feasting hall or the like.67וְלֹא יֶאֱחֹז תִּינוֹק בְּחֵיקוֹ, שֶׁלֹּא יְבִיאֶנּוּ לִידֵי שְׂחוֹק. וְלֹא יִכָּנֵס לִמְקוֹם שִׂמְחָה, כְּגוֹן בָּתֵּי הַמִּשְׁתָּאוֹת וְכַיּוֹצֵא בָּהֶן.
Footnotes for Avel - Chapter 3
1.

A priest is, however, allowed to become impure from other sources (Hilchot Tumat Ochalin 16:9).

2.

As is appropriate for the violation of a negative commandment. Sefer HaMitzvot (negative commandment 166) and Sefer HaChinuch (mitzvah 263) count this as one of the 613 mitzvot of the Torah.

3.

Covering a corpse with a portion of one’s body creates a “tent,” as it were, and this conveys ritual impurity (Hilchot Tumat Meit 1:10). Similarly, carrying a corpse, even if one does not touch it, coveys ritual impurity (ibid.:6).

4.

E. g., blood that flowed from a corpse, bones from a corpse, a corpse that has decomposed or the like.

5.

See the exegesis of this verse in the Sifri.

6.

See Chapter 2 of those halachot.

7.

See Hilchot Tumat Meit 2:15, based on Numbers 19:16, 18.

8.

The clothes become an av tumah, a source for ritual impurity. Nevertheless, they are not considered as equivalent to the corpse itself. See Hilchot Tumat Meit 5:3, 13; Hilchot Nazirut 7:8.

9.

This refers to a building next to the building where a corpse is located. There is a window or roof connecting the two through which the ritual impurity enters the structure. The Siftei Cohen 372:2 argues with the Rambam’s ruling, maintaining that such ritual impurity is merely Rabbinic in origin. Hence lashes are not given. The Magen Avraham 343:2 justifies the Rambam’s ruling.

10.

Hilchot Tumat Meit, chs. 14-19.

11.

As explained in those chapters, the term ohel, “tent,” is used to describe any roof, shelter, overhang, or any substance that covers both a person and a corpse or portion of a corpse.

12.

See Hilchot Tumat Meit 13:2.

13.

Hilchot Tumat Meit 1:12.

14.

One does, however, become impure through touching or carrying a non-Jewish corpse.

15.

I.e., a corpse.

16.

See Hilchot Bi’at HaMikdash 3:23 which speaks of the prohibition against remaining within the Temple courtyard while impure. There it states that if a person waits in the courtyard for the period which it takes “to kneel, to prostrate oneself face down on the ground and to give thanks to God who is good, whose kindness is everlasting,” he is liable.
The commentaries question: Why should he be lashed? One is not liable for lashes unless one commits a deed in violation of a transgression (Hilchot Sanhedrin 18:2). Here, seemingly, one’s violation is passive.
Among the explanations offered to resolve this difficulty is that since he had the potential to remove himself from ritual impurity and did not do so, he is considered as if he performed a deed to contract ritual impurity (Ritbah, gloss to Makkot 21 a). Others cite the gloss of the Maggid Mishneh to Hilchot Sechirut 13:2 which explains that whenever a transgression usually involves a deed - as a priest usually performs a deed to contract ritual impurity - one is liable for lashes even when one violates the transgression without performing a deed.

17.

For each involves a separate transgression.

18.

I.e., his actions are considered as a single, extended transgression. The Radbaz refers to the difference of opinion mentioned in the notes to Chapter 2, Halachah 15, stating that according to the Rambam, it would appear that although the priest does not receive lashes, he is considered to be violating a prohibition. According to the other view mentioned there, there is no prohibition at all to come into contact with other corpses.

19.

See Hilchot Rotzeach 12:14 which interprets this as a general prohibition, warning a person against. causing a colleague to transgress.

20.

Although he is not himself a priest.

21.

Because of the greater sanctity associated with his position, he is given greater restrictions. He is, however, obligated to observe all the mourning rites for his relatives (Chapter 7, Halachah 6).

22.

Sefer HaMitzvot (negative commandment 167) and Sefer HaChinuch (mitzvah 271) count this as one of the 613 mitzvot of the Torah.

23.

Sefer HaMitzvot (negative commandment 168) and Sefer HaChinuch (mitzvah 270) count this as one of the 613 mitzvot of the Torah.

24.

A High Priest; an ordinary priest, however, would be liable for only one transgression (Radbaz).

25.

As long as the High Priest is in this container, he is not liable, because the container separates him from the corpse and it is as if he is not in the same place. When, however, the top of the container is removed, he is considered to have entered the place where the corpse is located and he becomes impure.
There are some who cite Nazir 43a which states that this is speaking about a situation where the High Priest helped the other person remove the top. Otherwise, the High Priest will not have committed a deed in his violation of these prohibitions. According to the explanations offered in note 16, however, that explanation is not necessary.
See also Hilchot Nazirut 5:18 which cites a similar law applying to a Nazirite and states that he must open the top “with [the Nazirite’s] consent.” For otherwise, the Nazirite - and the High Priest - will become impure because of factors beyond their control.

26.

The Radbaz asks why the Rambam speaks about a High Priest; the same laws would also apply with regard to an ordinary priest. He explains that the Rambam is speaking about the prohibition against entering a place of impurity and that applies only with regard to a High Priest. If he would have spoke about the prohibition against incurring ritual impurity, then this ruling would also be applied to an ordinary priest.

27.

As explained in the notes to Halachah 4, as long as he has ceased contact with a corpse - even though he is still ritually impure - he is liable for entering a shelter where a corpse is located (Radbaz).

28.

We have translated the term according to its practical meaning. Literally, the terms the Rambam uses mean: “A corpse which it is a mitzvah [to bury].” For every Jewish corpse should be buried as soon as possible. Thus if there are no others to tend to it, even a priest or a Nazirite who would ordinarily be forbidden to touch the corpse are under obligation to bury it. Torat Kohanim derives the obligation for a priest to become impure for the sake of such a corpse from the exegesis of Scriptural phrases.

29.

The Turei Zahav 374:1 emphasizes that there must be enough people besides the priest to give the person a proper burial.

30.

Today with the proliferation of cell phones and satellite phones, this halachah is becoming less relevant. For in most instances, it is possible to call to others to tend to the corpse. Also, there are legal restrictions in most countries against burying a corpse oneself and a person is not obligated to place himself in danger by burying an unattended corpse. Needless to say, however, if a priest is not certain that a person is dead, he should approach him and try to offer first aid.

31.

I.e., it continues only for the extent of his vow. Moreover, even if the nazirite took a vow to continue this practice indefinitely, his obligation to avoid a corpse is not an inherent dimension of his being, but an incremental factor. A priest's holiness, by contrast, is inherent to his existence (Radbaz).

32.

See Hilchot K’ lei HaMikdash 4:19 which lists various different levels of holiness among the priests.

33.

The assistant to the High Priest (ibid.:16).

34.

See Hilchot Melachim 7:1.

35.

Although in Hilchot K’lei HaMikdash, loc. cit., the Rambam rules that the priest anointed to lead the army is on a higher level, in this halachah, he relies on Nazir 47a which grants the s’gan precedence. The rationale is that if the High Priest becomes disqualified on Yom Kippur, the s’gan assumes his position.

36.

The head of the Supreme Sanhedrin. See Hilchot Sanhedrin 1:3.

37.

The Jerusalem Talmud (Nazir 7:1) relates that when Rabbi Yehudah HaNasi died, Rabbi Yannai announced: “There is no priesthood today.’’

38.

For it is not befitting for a nasi to be mourned merely by his family and friends. Instead, the entire Jewish people should show him respect. Everyone is considered as if he was his relative. See also Chapter 9, Halachot 2, 6, 12, and 14, which mention other mourning rites undertaken as a token of respect for a nasi.
There are authorities who maintain that this law is not only relevant in the Talmudic era. Tosafot, Ketubot 103b quotes Rabbi Chayim Cohen as stating: “Were I present when Rabbenu Tam died, I would have become impure for his sake.” The Radbaz, however, questions that license. Significantly, the Shulchan Aruch (Yoreh De’ah 374:11) which mentions only the laws which are relevant in the present age, mentions the obligation to become impure for the sake of a nasi.

39.

I.e., they should not eat meat or drink wine until his burial as stated in Chapter 4, Halachah 6.

40.

I.e., women born to the priestly family.

41.

Offspring born to a priest by a woman whom he is forbidden to marry (Hilchot Issurei Bi’ah, Ch. 19). The Radbaz and the Siftei Cohen 373:2 emphasize that this leniency applies only to individuals who are considered challalim by Scriptural Law. One who is, however, considered as a challal according to Rabbinic Law, e.g., a person born to a priest and a woman who performed the rite of chalitzah, must keep these stringencies. For according to Scriptural Law, he is a priest.

42.

Thus excluding challalim who are considered as non-priests with regard to all matters (see Hilchot Issurei Bi’ah 19:10; Hilchot Terumah 6:7; Hilchot Ma’aseh HaKorbanot 11:8).

43.

Yevamot 114a derives this concept from the use of the similar terms emor and vi’amarta by Leviticus 21:1.

44.

I.e., the Jewish community as a whole does not have the obligation to train every child in observance. Instead, the obligation is a personal one, incumbent on the child’s father. See Hilchot Ma’achalot Assurot 17:27-28 where this issue is also discussed.

45.

Sotah 44a explains that this is a Rabbinic decree, enacted to compel priests to keep their distance from corpses lest one accidentally, pass his hand over the corpse or the like. If, however, a barrier is erected around the corpse, this stringency need not be observed [Radbaz; Shulchan Aruch (Yoreh De’ah 371:5)]. In such a situation, he should nevertheless keep a distance of four handbreadths.

46.

The punishment given for the violation of a Rabbinic decree.

47.

A field in which a grave had been located, but which had been plowed over. The Sages forbade a priest from entering such a field for 100 cubits, lest he accidentally step on a small piece of bone from the corpse.

48.

This applies in the era when the laws of ritual impurity were strictly observed in Eretz Yisrael. See Siftei Cohen 369:2.

49.

A mixture of blood, some which was lost before the person passed away and some which drained from his corpse after his passing.

50.

Chapter 2, Halachot 13-16.

51.

For by stepping on a grave, he becomes impure, because he creates an ohel, “shelter,” over the grave. The Radbaz emphasizes that this law applies only when there is no way to enter the cemetery except by walking on the graves. Different rules apply, however, if there is a path through the cemetery. In such an instance, if a priest walks within four cubits of a grave, he receives stripes for rebellious conduct and if he remains more than that distance away, he is not liable at all.

52.

I.e., even priests.

53.

Since there is a handbreadth of space between the top of the coffin and the corpse, the impurity is contained and does not extend beyond the coffin according to Scriptural Law. Our Rabbis, however, ruled that according to Rabbinic Law, one contracts impurity from a coffin (Berachot 19b).

54.

I.e., with the coming of Mashiach.

Footnotes for Avel - Chapter 4
1.

There is an allusion to this custom in Genesis 46:4 which relates God’s promise to Jacob that Joseph would place his hands over his eyes.

2.

This refers to the taharah procedure. The purpose is to endow the corpse with purity (Perishah, Yoreh De’ah 352).

3.

So that air will not enter the body and cause it to decompose quickly (Hilchot Shabbat 26:20).

4.

So that the pallbearers will not be repelled by the odor of the corpse at the time of burial. The Ramah (Yoreh De’ah 352:4) mentions other customs.

5.

Our translation follows the version of authentic manuscripts of the Mishneh Torah. The standard printed text reads slightly differently.

6.

Mo’ed Kattan 27b states that this practice was initiated by Rabban Gamliel. Although as nasi, he obviously had ample resources, he ordered that his corpse be buried in. a simple linen shroud, because in his day, the burial expenses were becoming more difficult to bear than the person’s death. It had reached the point that people would simply abandon a corpse rather than bury it, because of the great expenses involved.
The Radbaz writes that at his time, this custom was discontinued and it was common for those who had the means to buy expensive shrouds. The rationale is that Ketubot 111b states that in the era of the Resurrection, the dead will arise together with their clothes. Thus clothing the dead in elegant garments is an expression of one’s faith in the coming of that era. We do not worry about the poor, because it has already become customary to bury those who cannot pay for their own funerals at the community’s expense.
The Shulchan Aruch (Yoreh De’ah 352:1) and the Siftei Cohen 352:1 appear to suggest an intermediate position: not using expensive shrouds, but not necessarily overly simple ones either. This is the common practice today.

7.

See Chapter 14, Halachah 25. See also Hilchot Melachim 6:10 which describes the prohibition against destroying useful property.

8.

Note the prohibition against such emulation in Hilchot Avodat Kochavim 11:1.

9.

I.e., rather than use wagons. This concept is derived from the description of Jacob’s funeral procession (Genesis 50:13): “His sons carried him to the land of Canaan.” At present, the custom is to transport a corpse to the cemetery in a hearse and to begin carrying the coffin shortly before the grave.

10.

The Radbaz and the Kessef Mishneh write that this applied only in the Talmudic period when there were specific individuals designated as pallbearers. In the present age, it is customary for everyone to help carry a corpse. Hence if one person is delayed, his place will be taken by another. The Radbaz also explains that it is possible that the prohibition applies only to sandals and not to ordinary shoes.

11.

This reflects the custom, still followed in most places in Eretz Yisrael today, to bury the corpse in the ground without a coffin.

12.

Genesis 3:19 states: “To earth you shall return,” and Ecclesiastes 3:20 states: “Everything is from the earth and everything returns to the earth,” implying that a corpse should be placed in the earth itself. Nevertheless, since there are pores in wood, even while it is in a casket, the corpse is considered as being in contact with the earth. It is, however, preferable for the corpse to be placed in the ground itself [Shulchan Aruch (Yoreh De’ah 362:1)]. It is also customary to make two holes at the bottom of a wooden coffin to allow direct contact with the earth.

13.

As a corollary to this concept, Berachot 64a and Mo’ed Kattan 29a emphasize that this expression should not be used when bidding a living person farewell. Instead, one should say: “Go to peace.”

14.

The verse communicates the prophecy that Abraham will die in tranquillity.

15.

In the Talmudic era, it was customary to place an outline of lime around graves so that people who were ritually pure would not step on them.

16.

Our translation follows the authoritative manuscripts and early printings of the Mishneh Torah. The standard printed texts follow a slightly different version.

17.

Based on the Jerusalem Talmud (Shekalim 2:5), the Kessef Mishneh explains that an ordinary person is remembered by visiting his grave and therefore a tombstone is necessary to mark it. A righteous sage, by contrast, is remembered because of the Torah insights which he developed. There is no need to visit his grave. And hence, a tombstone is unnecessary.
Despite this explanation, it must be emphasized that it is common custom to place tombstones at the graves of the righteous and to go there to pray. Indeed, there is a tombstone placed at the Rambam's own grave in Tiberias.

18.

I.e., a priest is not liable for entering the house. Similarly, a dying man can divorce his wife so that she will not have to undergo chalitzah rites.
With regard to license for a priest to enter the house: the Shulchan Aruch (Yoreh De’ah 370:1) forbids it, but the Ramah permits it.

19.

As indicated by Halachah I and notes, these measures are intended to prevent a corpse from decomposing and producing an unpleasant fragrance and to prepare it for burial.

20.

See Chapter 8, Halachah 3.

21.

Lest the dying person take notice and become aggrieved. This might hasten his death.

22.

For eating in the presence of a corpse could be interpreted as mocking him, implying that one can partake of the pleasures of this world while the corpse cannot (Berachot 17b and commentaries).
We have translated bayit as “house.” For in Talmudic times, homes were often one room structures. The term can also be rendered as “room.” Halachicly, that interpretation is also acceptable.

23.

As is the custom of important personages when they dine.

24.

For while he is allowed to eat, he may not indulge.

25.

To introduce grace with a blessing.

26.

The mourner is considered as being “involved with a mitzvah,” for he is concerned with the burial of his dead. And we follow the principle that a person involved with one mitzvah is not obligated in another.
The Jerusalem Talmud (Berachot 3:1) states that even if a person desires to be stringent with himself and observe the mitzvot, he should be restrained from doing so. It gives two rationales: a) It implies that one is not concerned with mourning for the deceased and thus detracts from his honor; b) It will prevent one from taking the steps to bury the deceased as soon as possible. According to the second rationale, if there are others who are prepared to deal with the deceased’s burial, the mourner himself may go to the synagogue and pray.
The Shulchan Aruch (Orach Chayim 71:1) quotes opinions which forbid a mourner to be stringent upon himself and perform mitzvot if there are others who are dealing with the corpse’s burial and others which allow him this privilege. The Shulchan Aruch HaRav 71:1 and the Mishnah Berurah 71:7 state that a person in this stage of acute mourning should not observe the mitzvot under any circumstance.

27.

When nothing can be done to bury the dead and outward expressions of mourning are forbidden.

28.

For private expressions of mourning are required on the Sabbath. Hence, sexual relations are forbidden (Chapter 10, Halachah 1). Tosafot, Mo’ed Kattan 23b, refers to engaging in sexual relations at the time when one’s dead is not buried as chutzpah, “brazen conduct.”

29.

Lest one become intoxicated. See Chapter 13, Halachah 8.

30.

For an early burial is a measure of respect for the dead.

31.

For one must mourn excessively for one's parents and arranging their funeral hastily shows a lack of respect.

32.

When delaying the burial would cause it to be postponed for an additional day or more, it is considered more of an honor to bury the dead earlier than to prepare a more impressive funeral. In the present age, when corpses are held in refrigerated morgues, there are communities where even on Friday and on the day preceding a festival, funerals are postponed.

33.

See Hilchot Sanhedrin 15:8.

34.

To bring a coffin or shrouds, to enable relatives to come, or to announce his passing in outlying places [Shulchan Aruch. (Yoreh De’ah 357:1)].

35.

I.e., even after the burial of the deceased when the mourner is obligated to perform mitzvot.

36.

Bringing food for the mourners, particularly the seudat havraah (the meal of comfort served directly after the funeral; see Chapter 13, Halachah 7) is a great mitzvah. The Perishah (Yoreh De’ah 378) explains that, at this time, a mourner is overcome by his suffering and will not see to his own needs. Therefore his neighbors are commanded to tend to him.

37.

The Ra’avad protests stating that he never saw a source for this custom. It is not accepted in most communities at present, as stated in Shulchan Aruch (Yoreh De’ah 387:2). See also Chapter 5, Halachot 17-18 and notes.

38.

I.e., during the seven days of shivah.

39.

In the Ashkenazic community, it has become customary to sit on low stools.

40.

These instructions were given at the time of the death of Ezekiel’s wife. “Glory” refers to tefillin as indicated by Targum Yonaton to that verse and Ketubot 6b.

41.

Rashi (Sukkah 25a) explains that when a person girds himself with glory (tefillin), he implies that he is not devastated by his loss.

42.

Although the Rambam speaks of this restriction as applying for the entire day, Rabbenu Asher maintains that it applies only for the first meal eaten after the burial. Shulchan Aruch (Yoreh De’ah 378:1) follows this view.

Footnotes for Avel - Chapter 5
1.

See Chapter 1, Halachah 1.

2.

The Rambam explains each of these restrictions at length in the halachot which follow.

3.

After the deaths of their brothers. They were given this command in honor of the dedication of the Sanctuary and such conduct was appropriate only at that time.

4.

This also applies during the 30 days of mourning as stated in Chapter 6.

5.

For shaving is forbidden, regardless; see Hilchot Avodat Kochavim, ch. 11.

6.

I.e., even the hair of others (Radbaz).

7.

For having half of one’s hair cut would appear ludicrous.

8.

If one is cutting someone else’s hair and there is another barber in town, one should cease and have the other barber finish the haircut [Kessef Mishneh; Shulchan Aruch (Yoreh De’ah 390:2)].

9.

These reflect Yoav’s instructions to the wise woman of Tekoa. Although she was only feigning mourning, the fact that she followed these practices indicates that they are followed by mourners.

10.

The Shulchan Aruch (Yoreh De’ah 389:3) state that this applies to colored clothes as well. The Shulchan Aruch (loc. cit.:1) also forbids using freshly laundered sheets. Wearing pressed clothes is also forbidden for the 30 days of mourning as stated in Chapter 6.

11.

Similarly, the Shulchan Aruch (Yoreh De’ah 381:1-2) allows one to wash oneself in an ordinary manner to remove filth and to anoint oneself for medicinal purposes. The Radbaz quotes the Jerusalem Talmud (Berachot 2:6) which states that any washing that is not for pleasure is permitted.

12.

The Radbaz quotes Mo’ed Kattan 24a which states that there was a person who engaged in relations during the week of mourning and afterwards, wild pigs tore apart his body.

13.

After the conclusion of the mourning period for their son who died.

14.

This is also forbidden for the 30 days of mourning as stated in Chapter 6.

15.

The Shulchan Aruch (Yoreh De’ah 383:1) states that the restrictions observed when a woman is in the niddah state need not be observed at this time. Although the letter of the law allows this, the Radbaz and many other authorities suggest being stringent.

16.

This refers to an ordinary mourner. If, however, a couple have never engaged in relations - e.g., one of their parents dies directly after their wedding - they may not remain in solitude together [Shulchan Aruch (Yoreh De’ah 383:2)].

17.

The prohibition involves only leather shoes. Shoes from other materials may be worn [Shulchan Aruch (Yoreh De’ah 382:1).]

18.

In the instructions God gave him in connection with his wife's death.

19.

Similarly, a person is allowed to wear shoes if there is a danger of being bitten by scorpions or for other health reasons, e.g., a woman who just gave birth [Shulchan Aruch (loc. cit.:2-3)].

20.

In a city inhabited primarily by gentiles, some authorities grant license to wear one’s shoes until one reaches the Jewish quarter [ibid.:4].

21.

In contrast to the previous halachot which mention prohibitions that can be derived from the literal meaning of the verse, this prohibition is merely hinted at by the verse (Radbaz; Kessef Mishneh).

22.

If the mourner stands to lose a considerable amount (davar ha’avaid) if a transaction is not carried out, leniency may be granted for others to carry out this transaction for him as leniency is granted during chol hamoed [see Hilchot Sh’vitat Yom Tov 7:22; Radbaz; see also Shulchan Aruch (Yoreh De’ah 380:6)].

23.

See Chapter 6, Halachah 2, which explains that this prohibition also applies during the thirty days of sheloshim mourning.

24.

As evident from Chapter 13, Halachah 11, the first three days of mourning are the most intense when the mourner weeps over his dead. If he is forced to work, he will be prevented from weeping (Kessef Mishneh).

25.

And needs to perform this work to earn his livelihood.

26.

The Jerusalem Talmud (Mo’ed Kattan 3:5) states: “May a curse come upon his neighbors who required him to do this,” i.e., who did not provide for his needs.

27.

The Radbaz states that this applies even to a rich woman and even during the first three days of mourning, since it is extremely undesirable for a woman to be idle. See Ketubot 59b.

28.

In his Kessef Mishneh and in his Shulchan Aruch (Yoreh De’ah 380:21), Rav Yosef Caro explains that our Sages sought to prevent public knowledge of the functioning of the partnership. Accordingly, the store must be closed. If, however, it is possible for the other partner to perform activities on behalf of the partnership in private without public knowledge, he may. The profits are then split by the two. If, however, the mourner is a well-known person and hence, any work performed on his behalf will become public knowledge, it is forbidden for his partner to perform work.

29.

The intermediate days of the festival when ordinary work is forbidden, but license is granted to perform work if otherwise, a person will suffer a substantial loss (see Hilchot Sh'vitat Yom Tov 7:1-2).

30.

So that his attention will not be diverted from his mourning (Rabbenu Nissim).

31.

But not his own servants or the members of his household whom he supports [Radbaz; Shulchan Aruch (Yoreh De’ah 380:4).]

32.

For a wage, not merely as a favor for the mourner.

33.

Before olives are pressed, they are left in the sun. First they are exposed on one side and then on the other. If they are not turned over, they will spoil.

34.

To protect the oil placed inside them.

35.

In both these instances, leaving the fabric to soak beyond the desired time will cause it to spoil.

36.

In this halachah, the Rambam speaks about instances that apply in an agricultural society. Similar principles apply with regard to activities fundamental to a commercial society as mentioned in the notes to Halachah 7.

37.

The Hebrew terms used by the Rambam include both sharecroppers who give a fixed percentage of the crops and those who give a fixed amount of produce.

38.

Paying a fixed fee. The Rambam defines the three Hebrew terms used in this halachah in Hilchot Sechirut 8:1-2.

39.

For they are working on their own behalf and not on behalf of the mourner who owns the fields.
The Radbaz and the Kessef Mishneh quote the Ra’avad who explains that this applies even if the rental agreement ended before the beginning of the period. In contrast to the animals or ships mentioned in the second clause, it is common to rent out land. See Shulchan Aruch (Yoreh De’ah 380:11).

40.

Even though they were rented out before the person became a mourner, since the term of the rental agreement was not specified originally, continuing to rent them out considered as "work" and hence, is forbidden.

41.

Employing a profit sharing agreement.

42.

Since they were rented out for a specific time period, during that time period, they are considered as belonging to the renter.

43.

Mo’ed Kattan 11b explains that this refers to a person who works the mourner’s land.

44.

Since the mourner’s ownership of the land is common knowledge, having work performed on the land is considered as if he performed work in public.

45.

Work with materials not connected with landed property, e.g., to sew clothing or to make furniture.

46.

In which instance, one might think there might be room for leniency since he is not being paid specifically for the days of mourning.

47.

For he is not allowed to perform work during the days of mourning.

48.

Lest others think he helped perform the task or hired the person during the days of mourning.

49.

For people at large will not necessarily know that these tasks are being performed, nor will they have reason to associate them with the mourner.
The Kessef Mishneh and the Ramah (Yoreh De’ah 380:18) emphasize that the work must have been contracted out before the period of mourning began.

50.

For litigation, like work, will divert his attention from mourning.

51.

E. g., the defendant or the witnesses are leaving the locale and it will be impossible to prosecute the matter in the future (Radbaz).

52.

Just like a person may appoint an agent to perform his work for him when there is a possibility of loss (Halachah 10), he may appoint an agent to prosecute his claim. Although generally it is undesirable to have an agent prosecute a claim (Hilchot Shluchim 3:5), license is granted in this instance because of the extenuating circumstances.

53.

In the instructions God gave him in connection with his wife’s death. Tosafot, Mo’ed Kattan 21 b associates this prohibition with the fact that Torah study engenders happiness, as Psalms 19:9 states: “The precepts of God are just, bringing gladness to the heart.”
The Radbaz (in his gloss to Halachah 20) asks why in this instance we are required to emulate Ezekiel's example while in all other instances, we are required to conduct ourselves in the opposite manner. He explains that in all instances Ezekiel was given instructions that relaxed his mourning obligations and hence, we do the opposite. Here, he was given instructions that increased his mourning and hence, we certainly must follow them.

54.

Based on Mo’ed Kattan 21a, the source for this halachah, it would appear that the Rambam is referring to the realm of study known as Aggadah, i.e., the homiletic teachings of our Sages.

55.

Torah law.
Tosafot, loc. cit., explains that only Torah subjects that bring happiness are forbidden. The Books of Eichah and Job and similar prophecies of retribution are permitted. Similarly, it is permitted to study the laws of mourning. These concepts are reiterated by Shulchan Aruch (Yoreh De’ah 384:4).

56.

In the Talmudic era, it was not customary for a teacher to deliver a lesson to the people himself. Instead, he would stand before them and speak to a spokesman who would, in turn, communicate the teachings to the people at large. See Hilchot Talmud Torah 4:3.

57.

In Chapter 4, Halachah 9, the Rambam writes that a mourner must sit on an overturned bed. The Radbaz explains that he is not obligated to sit on an overturned bed for all seven days of mourning. The bed must remain overturned, but the person may sit on the ground. As mentioned in the notes to that halachah, at present it is not customary to turn over beds as a sign of mourning.
The Siftei Cohen 387:1 states explicitly that a mourner should sit on the ground itself. It is not sufficient for him to sit on a low stool or cushion. Nevertheless, the common custom is to do the latter. Perhaps the source for leniency is the license granted for a sick or old person to sit on low stools or cushions because it is difficult for them to bear discomfort.

58.

With regard to a rumor that all of King David's sons had been slain.

59.

A low bed or chair with a leather base that is tied to posts by straps that is larger than a bench (the Rambam's Commentary to the Mishnah, Sanhedrin 2:3; Hilchot Nedarim 9:15).

60.

The Shulchan Aruch (Yoreh De’ah 386:1) requires the observance of this practice. The Ramah, however, states that it has not been customary to observe it within the Ashkenazic community, nor is one obligated to do so.

61.

In his translation of the Torah into Aramaic.

62.

As reflected by the gloss of the Radbaz to Chapter 10, Halachah 1, this obligation applies only when sitting alone. When sitting with others, the mourner may uncover his face. This conclusion is quoted by the Shulchan Aruch (Yoreh De’ah 386:1).

63.

As will be explained, the colleague should not greet him. If he does - because he does not know that he is a mourner or because he errs and/or forgets the law, the mourner may respond.

64.

For they are in a state of well-being and composure.

65.

For he has not reached a state of composure (Mo’ed Kattan 21b).

66.

For laughing in a state of mourning will be unseemly in the eyes of the public (Mo’ed Kattan 26b).

67.

As stated in Chapter 6, Halachot 2 and 7, this restriction applies for a month and when one is in mourning for one’s parents, for twelve months.

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.