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Avel - Chapter 8

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Avel - Chapter 8

1A mourner is obligated to rend his garments for his dead,1 as can be derived from Leviticus 10:6:2 “Do not rend your garments lest you die.” Implied is that others must rend their garments. One must rend one’s garments only while standing,3 as II Samuel 13:31 states:4 “And the king stood and rent his garments.”אאָבֵל חַיָּב לִקְרֹעַ עַל מֵתוֹ, שֶׁנֶּאֱמַר "וּבִגְדֵיכֶם לֹא תִפְרֹמוּ וְלֹא תָמֻתוּ" (ויקרא י, ו) - הָא אַחֵר חַיָּב לִפְרֹם. וְאֵין קְרִיעָה אֶלָא מְעוּמָד, שֶׁנֶּאֱמַר "וַיָּקָם הַמֶּלֶךְ וַיִּקְרַע אֶת בְּגָדָיו" (שמואל ב יג, לא).
Where does one rend his garment? In front.5 If one rends his garment from the back or from the sides or from the bottom, he does not fulfill the obligation6 to rend his garments, with the exception of a High Priest who must rend his garment from the bottom.7וּמֵהֵיכָן קוֹרֵעַ? מִלְּפָנָיו. וְהַקּוֹרֵעַ מֵאֲחוֹרָיו אוֹ מִן הַצְּדָדִין אוֹ מִלְּמַטָּה, לֹא יָצָא יְדֵי חוֹבַת קְרִיעָה - אֶלָא כֹּהֵן גָּדוֹל בִּלְבַד, שֶׁהוּא פּוֹרֵם מִלְּמַטָּה.
2What is the required measure for the tear? A handbreadth. It is not necessary to rip apart the border of the garment.8 One may rend his garments with a utensil.9בכַּמָּה שִׁעוּר הַקֶּרַע? טֶפַח. וְאֵינוֹ צָרִיךְ לְהַבְדִּיל שְׂפַת הַבֶּגֶד. וּמֻתָּר לוֹ לִקְרֹעַ בִּכְלִי.
One may rend one’s garments inside, not in the presence of others. Therefore he may place his hand inside his garment and tear it modestly.10 He is only obligated to tear his upper garment.וְיֵשׁ לוֹ לִקְרֹעַ בִּפְנִים, שֶׁלֹּא בִּפְנֵי אָדָם. לְפִיכָךְ יֵשׁ לוֹ לְהַכְנִיס יָדוֹ בִּפְנִים וְקוֹרֵעַ בְּצִנְעָה. וְאֵינוֹ חַיָּב לִקְרֹעַ אֶלָא בֶּגֶד הָעֶלְיוֹן בִּלְבַד.
3For the entire seven days of mourning, he keeps the tear in front of him.If he desires to change his garments, he may. He is not required to rend the second garment, for any tear that is not made at the time of emotional excitement, is not a tear. גכָּל שִׁבְעַת יְמֵי אֲבֵלוּת הַקֶּרַע לְפָנִים. וְאִם בָּא לְהַחְלִיף - מַחְלִיף, וְאֵינוֹ קוֹרֵעַ קֶרַע אַחֵר, שֶׁכָּל קֶרַע שֶׁאֵינוֹ בִּשְׁעַת חִמּוּם, אֵינוֹ קֶרַע.
When does the above11 apply? With regard to other deceased persons aside from his father and mother. For his father and mother, by contrast, he must rend his garment until he reveals his heart.12 He must rip apart the border of the garment; he may not tear it with a utensil, and must tear it outside, in the presence of people at large.בַּמֶּה דְּבָרִים אֲמוּרִים? בִּשְׁאָר הַמֵּתִים חוּץ מֵאָבִיו וְאִמּוֹ. אֲבָל עַל אָבִיו וְעַל אִמּוֹ - קוֹרֵעַ עַד שֶׁמְּגַלֶּה אֶת לִבּוֹ, וּמַבְדִּיל שְׂפַת הַבֶּגֶד, וְאֵינוֹ קוֹרֵעַ בִּכְלִי, אֶלָא בְּיָדוֹ, מִבַּחוּץ, בִּפְנֵי כָּל הָעָם.
He must tear all the garments he is wearing. His underwear - i.e., the garments worn next to his flesh - need not be ripped. If he changes his clothes, he is required to rend them for all seven days.וְקוֹרֵעַ אֶת כָּל הַבְּגָדִים שֶׁעָלָיו. וּבֶגֶד הַזֵּיעָה הַדָּבוּק לִבְשָׂרוֹ, אֵינוֹ מְעַכֵּב. וְאִם הֶחֱלִיף בֶּגֶד אַחֵר, חַיָּב לִקְרֹעַ כָּל שִׁבְעָה.
Similarly, for his father and mother, he uncovers his shoulder and takes his forearm out from his garment, revealing his shoulder and his forearm. He passes before the bier in this manner.וְכֵן עַל אָבִיו וְעַל אִמּוֹ - חוֹלֵץ כְּתֵפוֹ וּמוֹצִיא זְרוֹעוֹ מִן הַחֲלוּק עַד שֶׁיִּתְגַּלֶּה כְּתֵפוֹ וּזְרוֹעוֹ, וְהוֹלֵךְ כָּךְ לִפְנֵי הַמִּטָּה.
After his father and his mother are buried, however, he is not required to uncover his shoulder.13וְאַחַר שֶׁיִּקְבֹּר אָבִיו אוֹ אִמּוֹ, אֵינוֹ חַיָּב לַחְלֹץ.
4A child’s garments should be torn to create sorrow.14 When a dangerously ill person loses a close relative, we do not rend his garments, nor do we notify him lest he lose control of his emotions.15 We silence the women in his presence.16דקוֹרְעִין לְקָּטָן, מִפְּנֵי עָגְמַת נֶפֶשׁ. וְחוֹלֶה שֶׁמֵּת לוֹ מֵת - אֵין מְקָרְעִין לוֹ, וְלֹא מוֹדִיעִין אוֹתוֹ, שֶׁמָּא תִּטָּרֵף דַּעְתּוֹ עָלָיו, וּמְשַׁתְּקִין אֶת הַנָּשִׁים מִפָּנָיו.
5A person should rend his garments when his father-in-law and mother-in-law17 dies as an expression of honor for his wife.18הוְקוֹרֵעַ אָדָם עַל חָמִיו וְעַל חֲמוֹתוֹ, מִפְּנֵי כְּבוֹד אִשְׁתּוֹ.
Similarly, a woman should rend her garments for her father-in-law and mother-in-law as an expression of honor for her husband.וְכֵן הִיא קוֹרַעַת עַל חָמִיהָ וְעַל חֲמוֹתָהּ, מִפְּנֵי כְּבוֹד בַּעְלָהּ.
6When a person does not have an outer garment to tear at the time of a person’s passing19 and he obtains a garment within the seven days of mourning, he is obligated to tear it. After seven days, he is not obligated to tear it.20ומִי שֶׁאֵין לוֹ חָלוּק לִקְרֹעַ, וְנִזְדַּמֵּן לוֹ חָלוּק: בְּתוֹךְ שִׁבְעָה - קוֹרֵעַ; לְאַחַר שִׁבְעָה - אֵינוֹ קוֹרֵעַ.
For his father and mother, he is obligated to tear it even if he obtains it after the seven days, but within the 30 days.21וְעַל אָבִיו וְעַל אִמּוֹ, אַפִלּוּ לְאַחַר שִׁבְעָה - קוֹרֵעַ כָּל שְׁלוֹשִׁים יוֹם.
Whenever a person goes out wearing a torn garment before the dead implying that he tore the garment because of them, he is deceiving people and degrading the honor of the dead and the living.וְכָל הַיוֹצֵא בַּבֶּגֶד קָּרוּעַ לִפְנֵי מֵתִים, כְּלוֹמַר שֶׁהוּא קָרַע עַתָּה עֲלֵיהֶן - הֲרֵי זֶה גּוֹנֵב דַּעַת הַבְּרִיּוֹת, וְזִלְזֵל בִּכְבוֹד הַחַיִּים וְהַמֵּתִים.
7When one tells a colleague: “Lend me your cloak so that I can visit my father who is dangerously ill,” if, when he visits him, he finds that he died, he should rend the garment, mend it,22 and return it, reimbursing the owner for the tear.23זהָאוֹמֵר לַחֲבֵרוֹ 'הַשְׁאִילֵנִי חֲלוּקְךָ וַאֲבַקֵּר אֶת אָבִי שֶׁהוּא חוֹלֶה', וְהָלַךְ וּמְצָאוֹ שֶׁמֵּת - קוֹרֵעַ וּמְאַחֶה, וּמַחֲזִיר לוֹ אֶת חֲלוּקוֹ, וְנוֹתֵן לוֹ דְּמֵי קִרְעוֹ.
If he does not notify him that he is going to visit a person who is dangerously ill, he should not touch the garment.24וְאִם לֹא הוֹדִיעוֹ שֶׁהוּא מְבַקֵּר בּוֹ חוֹלֶה - הֲרֵי זֶה לֹא יִגַּע בּוֹ.
8The following rules apply when one has a dangerously ill person in his home, that person faints and he thinks that he has died and hence, he rends his garments, the sick person regains consciousness and then dies. If he dies immediately25 after the garments are torn, he need not rend his garments again.26 If he dies after even a short time27 has past, he must rend his garments again.28חמִי שֶׁהָיָה לוֹ חוֹלֶה בְּתוֹךְ בֵּיתוֹ וְנִתְעַלֵּף, וְסָבוּר שֶׁמֵּת וְקָרַע, וְאַחַר כָּךְ מֵת: אִם בְּתוֹךְ כְּדֵי דִּבּוּר - אֵינוֹ חוֹזֵר וְקוֹרֵעַ; וְאִם לְאַחַר כְּדֵי דִּבּוּר מֵת - חוֹזֵר וְקוֹרֵעַ קֶרַע אַחֵר.
Similar concepts apply if someone tells a person that his father died and he therefore rent his garments and then it was discovered that his son died or if someone told him that a person close to him29 died, he thought it was his father and rent his garments and then he discovered that it was his son. If he realized the true situation immediately afterwards, he fulfilled the obligation to rend his garments. If he did not realize this until afterwards, he did not fulfill his obligation and is obligated to rend his garments again.30וְכֵן מִי שֶׁאָמְרוּ לוֹ מֵת אָבִיו וְקָרַע, וְאַחַר כָּךְ נִמְצָא בְּנוֹ: אִם בְּתוֹךְ כְּדֵי דִּבּוּר נוֹדַע לוֹ אֲמִתַּת הַדָּבָר - יָצָא יְדֵי קְרִיעָה; וְאִם אַחַר כְּדֵי דִּבּוּר - לֹא יָצָא, וְחַיָּב לִקְרֹעַ קֶרַע אַחֵר.
9When many close relatives die at once,31 a person should rend his garments once for all of them.טמִי שֶׁמֵּתוּ לוֹ מֵתִים הַרְבֵּה כְּאֶחָד - קוֹרֵעַ קֶרַע אֶחָד לְכֻלָּם.
If his father or mother are among them, he should rend his garments once for all the others, and once for his father or mother.32הָיָה בִּכְלָלָן אָבִיו אוֹ אִמּוֹ - קוֹרֵעַ עַל כֻּלָּן קֶרַע אֶחָד, וְעַל אָבִיו וְעַל אִמּוֹ קֶרַע אַחֵר.
10The following rules apply when a person’s close relative dies, he rends his garments because of him and then another close relative33 dies. If the second relative dies within the seven days of mourning, he should tear his garments again.34 If it is after the seven days, he need only add the slightest amount to the original tear.35ימִי שֶׁמֵּת לוֹ מֵת וְקָרַע עָלָיו, וְאַחַר כָּךְ מֵת לוֹ מֵת אַחֵר: אִם בְּתוֹךְ שִׁבְעָה - קוֹרֵעַ קֶרַע אַחֵר; וְאִם לְאַחַר שִׁבְעָה - מוֹסִיף עַל הַקֶּרַע הָרִאשׁוֹן כָּל שֶׁהוּא.
If a third close relative dies after the seven days of mourning for the second, again, he need only add the slightest amount to the original tear.36מֵת לוֹ מֵת שְׁלִישִׁי אַחַר שִׁבְעָה שֶׁל שֵּׁנִי - מוֹסִיף כָּל שֶׁהוּא.
And he can continue in this manner until he reaches his navel. Once he reaches his navel, he should distance himself at least three thumbbreadths and rend the garment again.וְכֵן מוֹסִיף וְהוֹלֵךְ, עַד טַבּוּרוֹ; הִגִּיעַ לְטַבּוּרוֹ - מַרְחִיק שָׁלוֹשׁ אֶצְבָּעוֹת וְקוֹרֵעַ.
When the garment is entirely torn in front, he may turn it around. When its upper portion is entirely torn, he may make the bottom the top.נִתְמַלָּא מִלְּפָנָיו - מַחֲזִירוֹ לַאֲחוֹרָיו. נִתְמַלָּא מִלְמַעְלָה - הוֹפְכוֹ לְמַטָּה.
If he was told: “Your father died,” and he rent his garments and after the seven days of mourning, his son died and he extended the tear, he may mend the lower tear, but not the upper tear as will be explained.37אָמְרוּ לוֹ מֵת אָבִיו וְקָרַע, וְאַחַר שִׁבְעָה מֵת בְּנוֹ וְהוֹסִיף – מִתְאַחֶה הַתַּחְתּוֹן וְלֹא הָעֶלְיוֹן, כְּמוֹ שֶׁיִּתְבָּאֵר.
If he was told: “Your son died,” and he rent his garments and after the seven days of mourning, his father died, he may not merely extend the tear. Instead, he must make a new tear. For extending a tear is not sufficient for his father and mother.אָמְרוּ לוֹ מֵת בְּנוֹ, וְקָרַע, וְאַחַר שִׁבְעָה מֵת אָבִיו - אֵינוֹ מוֹסִיף, אֶלָא קוֹרֵעַ קֶרַע אַחֵר; שֶׁאֵין אָבִיו וְאִמּוֹ בְּתוֹסֶפֶת.

Quiz Yourself on Avel - Chapter 8

Footnotes
1.

Mo’ed Kattan 24a states that this obligation is so forceful that if a person fails to observe it, he is worthy of death.

2.

This command was issued to Aaron and his sons after the death of his two sons, Nadav and Avihu.
The Ramban states that the obligation to rend one’s garments is Rabbinic in origin and the verse is only an asmachta, a support. For the command to Aaron and his sons does not necessarily obligate everyone else. It could be interpreted that Aaron and his sons may not rend their garments, while everyone else is given that option (Radbaz).

3.

The Radbaz states that the Rambam’s wording implies that one does not fulfill his obligation if he rends his garment while seated. In his Kessef Mishneh, Rav Yosef Caro also advances that interpretation and cites other authorities who rule accordingly and he cites this decision in his Shulchan Aruch (Yoreh De’ah 340:1). As such, the person is required to rend his garment again (Ramah).

4.

I.e., King David rent his clothes when he heard a report that his sons had been slain.

5.

From one’s collar.

6.

The Ramah (loc. cit.:2) states that one may rend the lower hem of his garment when rending his garments for deceased persons for whom he is not obligated to mourn (e.g., one was present at the time of a person’s death), but for one’s relatives for whom he is obligated to mourn, he must rend his garments at the front collar.

7.

See Chapter 7, Halachah 6.

8.

Instead, one may leave the border whole and tear only the fabric below it. The Shulchan Aruch (Yoreh De’ah 340:12) quotes this halachah. The Ramah, however, differs and states that one is liable to rend the border for all deceased.

9.

E.g., a knife or a scissors.

10.

Mo’ed Kattan 22b states: “For all other deceased, if one desires one may rend the garment inside or one may rend it outside.” The commentaries offer two interpretations of this statement: a) he may tear the garment in the privacy of his own room (Rashi); b) he may tear only the underside of the garment. It appears that the Rambam accepts both of these interpretations (Kessef Mishneh).

11.

I.e., the leniencies mentioned in the previous clause and in the previous halachah.

12.

I.e., the tear is longer than a handbreadth.
The Jerusalem Talmud (Mo’ed Kattan 3:8) states that this is required because he is losing the mitzvah of honoring his parents which is dependent on the heart.

13.

This additional measure of mourning is included to show the intensity of his grief. See the gloss of the Radbaz to Chapter 9, Halachah 11, which explains that for one’s parents one may uncover either one’s left or one’s right shoulder.
Although the Shulchan Aruch (Yoreh De’ah 340:16) quotes the Rambam’s ruling, the Ramah (loc. cit.:17) writes that it is not customary to uncover one’s shoulder in the present era. This is also the contemporary practice in the overwhelming majority of Sephardic communities today.

14.

I.e., so that others should see and cry over the deceased’s passing (Rashi, Mo’ed Kattan 14b). This applies even when the child is too young to be trained in the observance of the mitzvot (Radbaz).

15.

For we fear that emotional aggravation might be perilous for him.
The Siftei Cohen 337:1 states that even if the sick person knows of his relative’s passing, his garments should not be rent, because the torn garments will continually remind him of his loss.

16.

Lest their mourning make him aware of his loss. The Siftei Cohen 337:2 states that, when a person is dangerously ill, we should not mention the death of any others, even people to whom he is not related, in his presence for that is likely to depress him.

17.

But not because of any of her other relatives (Siftei Cohen 340:6).

18.

He need not rend his garments in the same manner as his wife does. lt is sufficient for him to rend them a handbreadth as one does for deceased other than one’s parents (Radbaz). Although the Shulchan Aruch (Yoreh De’ah 340:4) quotes the Rambam’s ruling, the Ramah explains that this practice is not observed in the present era.

19.

E.g., he was wearing a garment belonging to a colleague (Ramban to Mo'ed Kattan 20b).

20.

For this is after the period of mourning and one’s garments should not be torn afterwards (Mo’ed Kattan 20b).

21.

The Radbaz quotes opinions that mention that for one’s father and mother, one should rend one’s garments for a year. The Shulchan Aruch (Yoreh De’ah 340:18) states that for his father and mother, one should rend his garment “forever.”

22.

Generally, one may not mend a garment torn because of the passing of one’s parent (Chapter 9, Halachah 1). An exception is made in this instance because we are speaking about a borrowed garment (Nimukei Yosej).

23.

Implicit in telling the owner that his father was dangerously ill was the request to tear the garment if necessary. Nevertheless, obviously, he must reimburse the owner for his loss (Mo’ed Kattan 26b).

24.

For he has no permission to rend it. If he tears the garment, he is considered to be stealing it - for he is taking it for a purpose for which he did not notify the owner. Hence, he is considered not to have fulfilled his obligation for rending his garments. See Shulchan Aruch (Yoreh De’ah 340:19).

25.

The Hebrew expression used by the Rambam has a very specific meaning: the amount of time it takes to greet one’s teacher, saying: Shalom eleche, rabbi (Hilchot Sh’vuot 2:17).

26.

Since he died immediately thereafter, it is as if he died at the time the tear was made (Rabbenu Nissim, gloss to Nedarim 87a).

27.

More than it takes to make that statement.

28.

Since the person did not die until some time after the garments were torn, the tearing is not associated with the death. He need not, however, make an entirely new tear; it is sufficient for him to increase the existing tear a handbreadth (see Halachah 12 and notes; Turei Zahav 340:12; Siftei Cohen 240:31). All this applies with regard to other relatives; for one’s parents, he is required to make an entirely new tear.

29.

Without specifying that person’s identity.

30.

Although he rent his garments after the person’s death, since he did not know the true identity of the person who died at the time he rent his garments, he has not fulfilled his obligation.

31.

Or he hears about their death at the same time even though they died at different times [Shulchan Aruch (Yoreh De’ah 340:23)].

32.

Giving them additional honor by showing an extra measure of grief for them. The Radbaz states that if a person loses both his father and mother at the same time, it is sufficient to rend his garments once for both of them.

33.

Other than one of his parents as stated at the conclusion of the halachah.

34.

Ripping the original tear another handbreadth or making a new tear at least three thumbbreadths from the first tear (Kessef Mishneh). For adding to an existing tear is not a sufficient expression of mourning for his relative.

35.

Since the original tear could have been mended by this time, undoing the mend is considered as a new tear if a slight addition is made (Mo’ed Kattan 26b).

36.

If, however, he dies within the week of mourning, he must make a third tear.

37.

In Chapter 9, Halachah 1, which states that one may not mend clothes one tears in mourning for one’s parents.

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.