Rambam - 1 Chapter a Day
Avel - Chapter 4
Avel - Chapter 4
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.
This refers to the taharah procedure. The purpose is to endow the corpse with purity (Perishah, Yoreh De’ah 352).
So that air will not enter the body and cause it to decompose quickly (Hilchot Shabbat 26:20).
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.
Our translation follows the version of authentic manuscripts of the Mishneh Torah. The standard printed text reads slightly differently.
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 Resurection, 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.
See Chapter 14, Halachah 25. See also Hilchot Melachim 6:10 which describes the prohibition against destroying useful property.
Note the prohibition against such emulation in Hilchot Avodat Kochavim 11:1.
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.
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.
This reflects the custom, still followed in most places in Eretz Yisrael today, to bury the corpse in the ground without a coffin.
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.
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.”
The verse communicates the prophecy that Abraham will die in tranquillity.
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.
Our translation follows the authoritative manuscripts and early printings of the Mishneh Torah. The standard printed texts follow a slightly different version.
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.
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.
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.
See Chapter 8, Halachah 3.
Lest the dying person take notice and become aggrieved. This might hasten his death.
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.
As is the custom of important personages when they dine.
For while he is allowed to eat, he may not indulge.
To introduce grace with a blessing.
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.
When nothing can be done to bury the dead and outward expressions of mourning are forbidden.
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.”
Lest one become intoxicated. See Chapter 13, Halachah 8.
For an early burial is a measure of respect for the dead.
For one must mourn excessively for one's parents and arranging their funeral hastily shows a lack of respect.
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.
See Hilchot Sanhedrin 15:8.
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)].
I.e., even after the burial of the deceased when the mourner is obligated to perform mitzvot.
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.
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.
I.e., during the seven days of shivah.
In the Ashkenazic community, it has become customary to sit on low stools.
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.
Rashi (Sukkah 25a) explains that when a person girds himself with glory (tefillin), he implies that he is not devastated by his loss.
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.
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