Rambam - 1 Chapter a Day

From the Rambam’s wording in Chapter 10, Halachah 6, it appears that one should count the 30 days from the day of the relative’s death, but Chapter 10, Halachah 8, (and this impression is also created from Chapter 7, Halachah 4) states that one should count from the day of the burial. Today, the present custom is to count the 30 days from the day of the relative’s death.

I.e., although the practice is Rabbinic in origin, our Sages found an allusion to this practice in the Torah.

With regard to a yefat to’ar, a female captive of war.

The Ra’avad and the Radbaz question the Rambam’s statement, noting that the Babylonian Talmud derives this concept from the exegesis of other verses. The Radbaz states that the Rambam’s source is the Jerusalem Talmud. He asks, however: Why does the Rambam choose the Jerusalem Talmud over the Babylonian Talmud? Other commentaries note that the exegesis of this verse is not found in the standard text of the Jerusalem Talmud and question the Rambam’s source.
Kin’at Eliyahu states that regardless of which source the Rambam is relying upon, the Rambam is following a pattern he employs in several other places in the Mishneh Torah: He will rely on the most obvious Biblical source even when it is not given prominence in the previous Rabbinic writings.

They are described in the following halachot of this chapter.

See Chapter 5, Halachah 2.

The Rambam’s ruling is based on the version of Yevamot 43a cited by Rabbenu Yitzchak Alfasi. The standard published version of the text differs and does not grant a woman license to cut her hair. See also tractate Semachot, ch. 7. Rashi and the other Ashkenazic commentaries follow the standard published version.
This difference of opinion is perpetuated by the Halachic authorities. The Shulchan Aruch (Yoreh De’ah 390:5) follows the Rambam’s ruling, while the Ramah follows that of the Ashkenazic authorities.

The Radbaz questions the Rambam’s wording and suggests that “and” should be substituted for “or.” The person should let his hair grow until his colleagues rebuke him. The Kessef Mishneh justifies the Rambam’s ruling, stating that even if the mourner’s colleagues rebuke him before his hair grows uncontrollably long, he may cut it. He does require, however, that the mourner allow his hair to grow for at least 30 days. The Ramah (Yoreh De’ah 390:4) mentions opinions that require one to let his hair grow for three months and others that require one to let it grow for an entire year.

The translation of the term gihutz is a matter of debate. Some translate it as “launder,” others as “iron,” and still others as “press.”

Although some early authorities (the Baal Halachot Gedolot) make a distinction between a man and a woman in this context, the Rambam does not see a Talmudic source that differentiates between them and hence rules as above.

For in this instance, the fact that they are ironed is not as obvious.

Certainly, there is no prohibition against wearing laundered clothes (Radbaz).

For they do not appear as ironed for such a long period. The Shulchan Aruch (Yoreh De’ah 389:5) forbids also freshly ironed linen during the 30 days of mourning.

Although the Jerusalem Talmud (Mo’ed Kattan 3:8) mentions following restrictions for a year in the event of the death of one’s parents in this instance as well, the Babylonian Talmud does not mention such restrictions and the Rambam bases his ruling on it.

Lest someone else consecrate her instead (see the Jerusalem Talmud, Ta’aniot 4:6). It is forbidden to hold a feast celebrating the consecration, however. For that is an extra measure of rejoicing which is inappropriate during the days of mourning [Kessef Mishneh; Shulchan Aruch (Yoreh De’ah392:1)]. The Ramah, however, forbids even consecration until the 30 days have passed. An engagement is permitted according to all opinions (Siftei Cohen 392:1).

I.e., he has both a son and a daughter, as stated in Hilchot Ishut 15:4.

Rosh Hashanah and Yom Kippur are not considered festivals in this context [Shulchan Aruch (Yoreh De’ah 392:2)].

This will give him time for his first wife to fade from the forefront of his consciousness. Otherwise, even during times of intimacy, he will remember her and this will disturb his relationship with his new wife (Nimukei Yosef, commenting on Mo'ed Kattan 23a).

And there is no one to care for them.

The Shulchan Aruch (loc. cit.) rules that one may consecrate a woman immediately and marry her after the seven days of mourning.

The Shulchan Aruch (loc. cit.) rules that a person who has not fulfilled the mitzvah of procreation may engage in relationships after the seven days of mourning pass.

Mo’ed Kattan, loc. cit., relates that the wife of the sage, Yosef HaCohen, died. He approached his sister-in-law in the cemetery and told her to care for her sister’s children (implying that he would marry her). He did not, however, engage in relations with her until 30 days passed.

Note the Kessef Mishneh who rules that she may be consecrated and even married immediately. He asks, however: why is the woman required to wait 30 days before engaging in relations? If she is mourning for other people besides her husband, she should be permitted to engage in relations after the seven days of mourning. And if she is mourning for her husband, she is required to wait 90 days to establish clearly the parentage of any child she might conceive (see Hilchot Gerushin 11:20).

E.g., a friend held a celebration for him on the condition that he make a celebration in return immediately thereafter.

Even if he made a commitment to hold such a celebration in the near future.

The Jerusalem Talmud (Mo ‘ed Kattan 3:8) states that leniency is granted with regard to a feast associated with a mitzvah. See the Ramah (Yoreh De’ah 391:1) who discusses this issue.

A distant business trip has a certain festive nature to it. Usually, one would go to county fairs and the like where there were entertainment and rejoicing. Ordinary commercial enterprises, by contrast, are permitted after the seven days of mourning (Radbaz; Kessef Mishneh).

This applies after the seven days of acute mourning, but during the 30 days of mourning (Kessef Mishneh).

For as reflected by Hilchot Ta’aniot 3:8, this is appropriate in times of disfavor.

For these 30 days.

This is speaking about a situation where the mourner heard about the death of his relative while he was on a business trip. Alternatively, if he left on a small business trip during the 30 days of mourning (Radbaz).

He may, however, purchase a large amount at one time. There is no need for him to purchase only the bare minimum (Kessef Mishneh).

The Bayit Chadash (Yoreh De’ah 346) states that this law does not apply when the crucifixion is carried out beyond the city limits.

In Talmudic times, the Romans would frequently crucify criminals - and innocent people who they termed criminals for their own reasons - and leave their bodies unburied for lengthy periods.
To dwell in the city would be considered as disrespectful to one’s relative, for people will say: “His relative is crucified and he is continuing his life without mourning” (Radbaz). Others (Nimukei Yosef to Mo’ed Kattan 26b) state that the very fact that people see his relative will cause the deceased to lose respect, for people will recall that he was crucified.

For the people in that portion of the city may either not know about the crucifixion or might not know that the person is related to the one crucified (Semachot 2:13).

I.e., after any portion of time after sunrise, but all the mourning rites must be observed at night. The present custom is to come to the mourner’s home for the morning prayers and then to order him to arise from mourning [Radbaz; Ramah (Yoreh De’ah 395:1)].

As stated in Chapter 7, Halachah 2, “since he observed mourning for a portion of the day, it is considered as if he observed [mourning] for the entire day.”

Thus if a person buries his dead seven days before a festival begins, both the seven day and 30 day mourning periods are completed with the advent of the festival.

The Ramah (Yorelz De’ah 381:1) states that it has become customary to wait 30 days before washing with hot water. There are different customs depending on the norm in one’s local community.

The other matters forbidden during the seven days of mourning. An exception is made with regard to sexual relations which are forbidden until nightfall (Rabbi Akiva Eiger).

It would appear that the same applies with regard to the other prohibitions mentioned in this chapter.

For he was not able to cut his hair at the conclusion of the first 30 days of mourning, because of the second period of mourning.

I.e., he must deviate from the ordinary manner of cutting his hair (Radbaz).

If he suffers two losses, the second in the week of mourning for the first.

A person who is under a ban of ostracism is forbidden to cut his hair as stated in Hilchot Talmud Torah 7:4.

The Rambam Le’Am states that a person who is ritually impure may not find someone to cut his hair lest that person contract ritual impurity. Kina’at Eliyahu notes that a person afflicted with tzara’at is forbidden to cut his hair (Hilchot Tumat Tzara’at 10:6). As stated in those halachot (10:8), all of the ritually impure were obligated to make it known to others that they were ritually impure. Hence it is possible that one of the signs they employed was allowing their hair to grow long.

I.e., he may cut his hair in the ordinary manner. He need not use a razor (Mo’ed Kattan 17b).

Similarly, such individuals may launder their clothes in an ordinary manner [Shulchan Aruch (Yoreh De’ah 289:1)].