Avel - Chapter 14

It is a positive commandment of Rabbinic origin to visit the sick, comfort mourners, to prepare for a funeral, prepare a bride, accompany guests, attend to all the needs of a burial, carry a corpse on one's shoulders, walk before the bier, mourn, dig a grave, and bury the dead, and also to bring joy to a bride and groom and help them in all their needs. These are deeds of kindness that one carries out with his person that have no limit.

Although all these mitzvot are of Rabbinic origin, they are included in the Scriptural commandment Leviticus 19:18: "Love your neighbor as yourself." That charge implies that whatever you would like other people to do for you, you should do for your comrade in the Torah and mitzvot.

The reward one receives for accompanying guests is greater than all of the others. This is a statute which Abraham our Patriarch instituted and the path of kindness which he would follow. He would feed wayfarers, provide them with drink, and accompany them. Showing hospitality for guests surpasses receiving the Divine Presence as Genesis 18:2 states: "And he saw and behold there were three people."

Accompanying them is greater than showing them hospitality. Our Sages said: "Whoever does not accompany them is considered as if he shed blood."

We compel people to accompany wayfarers in the same manner as we compel them to give charity. The court would prepare agents to accompany people who travel from place to place. If they were lax in this matter, it is considered as if they shed blood. Even a person who accompanies a colleague for four cubits will receive a great reward.

What is the extent to which a person must accompany a colleague? A teacher must accompany his student to the outskirts of the city. A person must accompany a colleague to the city's Sabbath limits. A student must accompany his teacher for a parsah. If he was his master teacher, he must accompany him until three parseot.

It is a mitzvah incumbent on everyone to visit the sick. Even a person of great spiritual stature should visit one of lesser stature. One may visit many times during the day. Whoever increases the frequency of his visits is praiseworthy provided he does not become burdensome. Whoever visits a sick person removes a portion of his sickness and relieves him. Whoever does not visit the sick is consider as if he shed blood.

We do not visit the sick except from the third day onward. If, however, a person became ill suddenly and his illness became very severe, he should be visited immediately.

We do not visit the sick during the first three hours of the day, nor in the last three hours because his attendants are tending to the sick person's needs. We do not visit patients with stomach illnesses, eye illnesses, or headaches because the visits are difficult for them.

When one comes to visit a sick person, he should not sit on a bed, nor on a chair, nor on a bench, nor on a high place, nor above the invalid's head. Instead, he should wrap himself in a tallit, sit below his head, entreat God for mercy on his behalf and depart.

It appears to me that comforting mourners takes precedence over visiting the sick. For comforting mourners is an expression of kindness to the living and the dead.

When a person is faced with either tending to a corpse or a bride, he should leave the bride and occupy himself with the corpse. Thus Ecclesiastes 7:4 states: "The heart of the wise is in the house of mourning."

When a corpse and a bride confront each other on a road, the corpse is turned aside before the bride. Both of these should turn aside before a king

We nullify Torah study for a funeral and for a wedding. When does the above apply? When there are not enough people to care for a corpse. If there are enough people to care for it, Torah study should not be nullified. Whoever does not occupy himself with Torah study is obligated to occupy himself with the corpse.

If there is one corpse in a city, all the inhabitants of the city are forbidden to perform work until they bury him. If there is a person responsible for tending to the needs of funeral, the others are permitted.

When a Torah scholar dies, unless there are 600,000 to accompany him, we nullify Torah study for his funeral. If there are 600,000, we do not nullify Torah study. If he would also teach others, there is no limit. Instead, we nullify everyone from their ordinary activity for his funeral.

We bury the dead of the gentiles, comfort their mourners, and visit their sick, as an expression of the ways of peace.

It is forbidden to benefit from a cemetery. What is implied? We do not eat or drink, perform work read the Torah or study the Oral Law within them. The general principle is: We do not benefit from them nor act frivolously within them.

A person should not walk within four cubits of a grave with tefillin in his hand or a Torah scroll in his arm, nor should he pray there. At a distance of four cubits, this is permitted.

When a person is transporting the bones of a corpse from one place to another, he should not put them in a leather sack, place them on a donkey and ride upon them, because this is treating them contemptuously. If he was afraid of thieves or robbers, this is permitted.

We do not move a corpse from one grave to another, even from a denigrating site to an honorable one. If the grave was located in another person's property, the corpse may be moved even from an honorable site to a denigrating one.

We do not bury one corpse on top of another, nor do we bury two corpses together, for this is denigrating. A baby who sleeps with his mother may be buried with her.

It is not forbidden to benefit from the earth of a grave. For ordinary earth never becomes forbidden. It is, by contrast, forbidden to benefit from a building which is a grave.

When a person builds a grave for a deceased person, the grave does not become forbidden until the corpse is placed inside. Even if one places a stillborn infant in a grave, the prohibition against benefiting from it takes effect.

The following rules apply when a monument is built for the sake of a living person and a corpse is placed within. If one row of bricks was added for the sake of the deceased person, it is forbidden to derive benefit from the entire monument even after the corpse was removed from there. If one recognized the addition, one may remove it and then the remainder is permitted. If the monument was made for the sake of the deceased, once the corpse was placed in it, it becomes forbidden even though the corpse was removed.

When a person builds a grave for his father and then buries his father's corpse in another grave, he should never bury another corpse in that grave. Instead, it is forbidden to benefit from this grave forever as an expression of respect for his father.

It is forbidden to benefit from a corpse with the exception of its hair. One may benefit from hair, because it is not his body. Similarly, it is forbidden to benefit from the coffin and the shrouds. There is no prohibition against benefiting from garments prepared to be used as shrouds. Even if one knitted a garment to be used for a corpse, they are not forbidden until they reach the bier which is buried with him. For designation of an article to be used for a corpse does not cause it to be forbidden.

It is forbidden to benefit from all the garments thrown upon the deceased on the bier which is buried with him, so that because of them, confusion will not arise with regard to shrouds.

If a person's father or mother were throwing garments on the bier in their extreme aggravation, it is a mitzvah for others to save them. If they reached the bier which is buried with the corpse, we do not save them.

We teach a person that he should not recklessly destroy property and throw it to oblivion. It is better to give it to the poor than to throw it to maggots and worms. Whoever casts many articles on a deceased person violates the commandment against destroying property.

When a king dies, we ruin the horse that he would ride upon and the calf that pulls the wagon in which he would sit. We cut off its hooves from below the knee, a place that does not render it trefe.

We convene a yeshivah at his grave for seven days, as II Chronicles 32:33 states: "They honored him in his death." Our Sages interpret this as meaning: they convened a yeshivah at his grave. When a nasi dies, we do not nullify his yeshivah for more than 30 days.

When a king or a nasi dies, one may burn his bed and all his personal utensils. This is not considered as an Amorite or destructive practice. For Jeremiah 34:5 states: "You shall die in peace, and as they made pyres for your ancestors, the earlier kings..., they will make pyres for you."

Blessed be God who grants assistance.