Rambam - 3 Chapters a Day

With the exception of the six relatives mentioned in the Torah and his wife, whenever a priest becomes impure because of contact with a corpse, if there are witnesses and a warning is administered, he is punished by lashes, as Leviticus 21:1 states: "No one shall contract ritual impurity for the sake of a deceased person among his people."

This applies whether one touches the corpse, stands over it, or carries it. And it applies to a corpse and to all other forms of ritual impurity stemming from a corpse, as implied by "No one shall contract ritual impurity for the sake of a deceased person among his people." In Hilchot Tumat Meit, we already described all the factors associated with a corpse that convey ritual impurity according to Scriptural Law and according to Rabbinic Law.

Similarly, a priest receives lashes if he touches a grave. He may, however, touch clothes that touched a corpse, even though by doing so, he contracts ritual impurity that continues for seven days.

Similarly, if a priest enters a covered structure into which ritual impurity enters, he is lashed. This applies even though the source of impurity itself is in another building. We have already explained all the types of "tents" into which ritual impurity can enter and depart, the laws involving foliage and projections, 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.

There we explained that non-Jews do not convey ritual impurity through overhangs. Therefore their graves are pure and a priest may enter their cemetery and walk on their graves. He is forbidden only to touch impurity or carry it, as we explained there.

The 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, he is lashed.

If he entered and departed, entered and departed, if he was given a warning for each time, he is given lashes for every entrance. Similarly, if he touches a corpse, is giving 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.

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.

The 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. If the priest was not aware of the transgression and the person who caused him to contract impurity acted intentionally, that person receives lashes.

A High Priest may not become impure for the sake of his relatives, as Leviticus 21:11 states: "He shall not become impure for his father's or mother's sake." Similarly, he does not enter a shelter where there is a corpse, even the corpse of one of his relatives, as ibid. states: "He shall not enter a place where there is any corpse." Thus we learn that he is liable both for not entering and for not becoming impure.

What is implied? If the High Priest touches or carries a corpse, he receives lashes for one transgression. If he 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, he receives two sets of lashes, for the prohibition against entering and for the prohibition against becoming impure.

If the High Priest 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.

When a priest - even a High Priest - encounters an unattended corpse on the road, he is obligated to become impure for its sake and bury it. What is meant by an unattended corpse? A Jewish corpse cast away on the road without anyone to bury it. This is a halachah conveyed by the received tradition.

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. 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.

If 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. The priest - even an ordinary priest - should not become impure.

If a High Priest was going together with an ordinary priest, the ordinary priest should become impure. The general principle is: Whoever is on a higher level of holiness should become impure last. When a s'gan and the priest anointed to lead the army at war encounter an unattended corpse, the priest anointed to lead the army at war should become impure, not the s'gan.

When a nasi dies, everyone - even priests - should become impure for his sake. Our Sages had him considered as an unattended corpse, because everyone is obligated in his honor. Similarly, all must observe the rites of aninut for his sake.

The daughters of Aaron 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."

Similarly, challalim 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.

When a priest is a minor, the adults are warned that they should not have him contact ritual impurity. If he comes to contract impurity on his own initiative, the court is not obligated to separate him from the source of impurity. His father, however, must educate him in the holiness of the priesthood.

The four cubits circumscribed around a corpse are deemed impure. Any priest that enters into these four cubits is given stripes for rebellious conduct.

Similarly, if priests enter a beit hapras, go to the diaspora, become impure through contact with a mixture of blood, 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. If, however, a priest enters a cemetery, he receives lashes according to Scriptural Law.

It 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.

Similarly, a person may incur ritual impurity that is Rabbinic in origin to show respect to other people. What is implied? If a mourner walked through a beit hapras, everyone follows after him to comfort him. Similarly, we may walk over the coffins of the dead 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. 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.

These are the customs observed by the Jewish people with regard to corpses and burial. We close the eyes of the deceased. If one's mouth hangs open, we tie the jaw closed. After washing the corpse, we stuff closed the orifices, anoint it with different fragrances, cut its hair, and dress it in shrouds of white linen which are not expensive. Our Sages followed the custom of using a cloak worth a zuz, 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.

It 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, and the emulation of gentile practices.

We carry the dead on our shoulders to the cemetery.

The pallbearers are forbidden to wear sandals, lest the strap of one of them snap and he hold back the performance of the mitzvah.

We dig burial caves in the earth and make hollows at the side of the caves. There we bury the corpse with its face upward; we then place the earth and the stones back in place above it. They may bury it in a wooden coffin.

Those who accompany the corpse tell him: "Go in peace," as Genesis 15:15 states: "You will go to your ancestors in peace."

Markings are made on the graves. A tombstone is placed on the grave. 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.

A person in his death throes is considered as a living person with regard to all matters. 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.

One who touches him is considered as shedding blood. 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 lest he have fainted. Similarly, we do not rend our clothes because of him, uncover our shoulders, recite eulogies, or bring a coffin or shrouds into the house until the person dies.

When a person's dead is lying before him, he should eat in another house. 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 recline and eat or eat meat or drink wine.

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. He is free from the obligation to recite the Shema, pray, put on tefillin, or observe any of the mitzvot stated in the Torah.

On the Sabbath, 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.

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.

We do not delay the burial of the dead. Instead, we hurry to bury him immediately. Hastening the burial is praiseworthy. For one's father and mother, by contrast, it is demeaning.

On Friday or the day before a festival, or when rain was 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, unless he delays the burial for the honor of the dead and to complete providing for his needs.

On the first day alone, it is forbidden for a mourner to put on tefillin or to eat food of his own. He must sit on a overturned bed. During the remainder of the days of mourning, he may eat his own food, sit on a mat or on the ground, 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." Implied is other people are forbidden. 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.

These are the matters forbidden to a mourner on the first day according to Scriptural Law and on the remaining [six] days according to Rabbinic Law. 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.

Which source teaches that a mourner is forbidden to have his hair cut? Leviticus 10:6 warns the sons of Aaron: "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. Just as he is forbidden to cut off his hair; so, too, he is forbidden to trim his beard and any other hair on his body. This applies to cutting hair and having one's own hair cut. If he was in the midst of a haircut and he heard that his father died, he may complete the haircut. This applies to cutting hair and having one's own hair cut.

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.

Which source teaches that a mourner is forbidden to launder his clothes and to wash and anoint his body: II Samuel 14:2 states: "Please conduct yourself as a mourner; please wear mourner's clothes and do not anoint yourself with oil." Washing is included in anointing oneself, for it is a preliminary step before anointing oneself as Ruth 3:3 states: "Wash and anoint yourself."

Just as a mourner is forbidden to launder clothes; so, too, he is forbidden to wear new and freshly pressed white clothes.

As 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. 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.

Which source teaches that a mourner is forbidden to engage in sexual relations. II Samuel 12:24 states: "And David comforted his wife, Batsheva, and he came to her and lay with her." This indicates that this was forbidden beforehand.

Similarly, a mourner should not marry a woman, 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 wife even though he is forbidden to engage in sexual relations.

Which source teaches that a mourner is forbidden to wear shoes? Ezekiel was instructed Ezekiel 24:17: "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. When he enters a city, he should remove his shoes.

An allusion 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. And just as a mourner is forbidden to perform work; so, too, is he forbidden to engage in commercial transactions and to travel from city to city on a business trip.

For the first three days, all mourners, even a poor person who derives his livelihood from charity, are forbidden to perform work. After that period, if the mourner is indigent, he may perform this work privately in his home. A woman may spin fabric on a spindle in her home.

When 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.

Even activities which are permitted to be performed during chol hamo'ed may not be performed by a mourner during the days of mourning. Others may, however, perform these tasks on his behalf.

What is implied? If it is necessary to turn over a person's olives, put pitch on his barrels, or bring his flax up from the vat where it is soaking or his wool from the kettle where it is being dyed, he may hire someone else to perform this task on his behalf so that he will not suffer a loss. And he may have his field irrigated in the irrigation season.

His sharecroppers or those who hire his fields may perform work in their ordinary way. But donkey-drivers and camel-drivers who rent his animals and sailors who rent his ships should not perform work. If the animals or ships were hired out or rented out previously for a specific time, the renters may perform work.

A worker hired by the day - even if he is located in another city - should not perform work on behalf of the mourner.

When a mourner was charged with doing tasks on behalf of others, whether as a contractor or not as a contractor, he should not do it. If his tasks were entrusted to others, they should not work on it in his home, but may work on it elsewhere.

If a mourner has litigation with a colleague, he should not prosecute the matter throughout the seven days of mourning. If it concerned a matter that could lead to a loss, he should appoint an agent. The Geonim ruled in this manner.

Which source teaches that a mourner is forbidden to speak words of Torah? Ezekiel was instructed Ezekiel 24:17: "Be silent from groaning."

He is forbidden to read from the Torah, the Prophets, and the Holy Scriptures and to study the Mishnah, the Midrash, and the Halachot. If many require his instruction, he is permitted, provided he does not appoint a spokesman. 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.

Which source teaches that a mourner should not sit on a bed? II Samuel 13:31 states: "And the king arose, rent his garments, and lay on the ground."

A 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. Even if there are five brothers and one of them dies, all the remainder must overturn their beds.

When a bed is set aside to be used for money or for utensils, it need not be overturned. Similarly, a dargesh need not be overturned. Instead, the straps should be released and the bed allowed to fall.

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.

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.

Which 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. 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 renders Leviticus 13:45: "He should veil his face until his lips," as "He should cover himself like a mourner."

Which source teaches that a mourner is forbidden to exchange greetings with colleagues? Ezekiel was instructed: "Be silent from groaning."

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, he should respond with greetings. From the seventh until the thirtieth day, he may greet others, but others should not greet him until after thirty days have passed. And when he is in mourning for his father or mother, he should not be greeted until after twelve months.

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." He should not hold an infant in his arms so that he will not lead him to laughter. And he should not enter a place of celebration, e.g., a feasting hall or the like.