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Avel - Chapter 4

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Avel - Chapter 4

1These are the customs observed by the Jewish people with regard to corpses and burial. We close the eyes of the deceased.1 If one’s mouth hangs open, we tie the jaw closed. After washing the corpse,2 we stuff closed the orifices,3 anoint it with different fragrances,4 cut its hair, and dress it in shrouds of white linen5 which are not expensive.אמִנְהַג יִשְׂרָאֵל בַּמֵּתִים וּבַקְּבוּרָה כָּךְ הוּא: מְאַמְּצִין עֵינָיו שֶׁל מֵּת, וְאִם נִפְתַּח פִּיו - קוֹשְׁרִין אֶת לְחָיָיו. וּפוֹקְקִין אֶת נְקָבָיו אַחַר שֶׁמְּדִיחִין אוֹתוֹ. וְסָכִין אוֹתוֹ בְּמִינֵי בְּשָׂמִים. וְגוֹזְזִין שְׂעָרוֹ. וּמַלְבִּישִׁין אוֹתוֹ תַּכְרִיכִין תְּפוּרִין שֶׁל פִשְׁתָּן לְבָנִים. וְלֹא יִהְיוּ דְּמֵיהֶם יְקָרִים.
Our Sages followed the custom of using a cloak worth a zuz,6 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.נָהֲגוּ חֲכָמִים בְּסוּדָר שָׁוֶה זוּז, שֶׁלֹּא לְבַיֵּשׁ אֶת מִי שֶׁאֵין לוֹ. וּמְכַסִּין פְּנֵי הַמֵּת, שֶׁלֹּא לְבַיֵּשׁ אֶת הָעֲנִיִּים שֶׁפְּנֵיהֶם מֻשְׁחָרִין בָּרָעָב.
2It 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,7 and the emulation of gentile practices.8 We carry the dead on our shoulders to the cemetery.9בוְאָסוּר לִקְבֹּר בְּתַכְרִיכִין שֶׁל מֶשִׁי וּבִבְגָדִים הַמֻּזְהָבִין הַמְּרֻקָּמִין, אַפִלּוּ לַנָּשִׂיא שֶׁבְּיִשְׂרָאֵל, שֶׁזּוֹ גַּסּוּת רוּחַ וְהַשְׁחָתָה, וּמַעֲשֵׂה עוֹבְדֵי כּוֹכָבִים. וְסוֹבְלִין אֶת הַמֵּת עַל הַכָּתֵף, עַד בֵּית הַקְּבָרוֹת.
3The pallbearers are forbidden to wear sandals, lest the strap of one of them snap and he hold back the performance of the mitzvah.10גוְנוֹשְׂאֵי הַמִּטָּה אֲסוּרִין בִּנְעִילַת הַסַּנְדָּל - שֶׁמָּא תִּפָּסֵק רְצוּעָה מִסַּנְדָּלוֹ שֶׁל אֶחָד מֵהֶן, וְנִמְצָא מִתְעַכֵּב מִן הַמִּצְוָה.
4We dig burial caves in the earth and make hollows at the side of the caves. There we bury the corpse with its face upward;11 we then place the earth and the stones back in place above it. They may bury it in a wooden coffin.12 Those who accompany the corpse tell him: “Go in peace,”13 as Genesis 15:15 states: “You will go to your ancestors in peace.”14 Markings15 are made on the graves. A tombstone is placed on the grave.16דוְחוֹפְרִין בֶּעָפָר מְעָרוֹת, וְעוֹשִׂין כּוּךְ בְּצַד הַמְּעָרָה, וְקוֹבְרִין אוֹתוֹ בּוֹ וּפָנָיו לְמַעְלָה, וּמַחֲזִירִין הֶעָפָר וְהָאֲבָנִים לְמַעְלָה. וְיֵשׁ לָהֶן לִקְבֹּר בְּאָרוֹן שֶׁל עֵץ. וְהַמְּלַוִּין אֶת הַמֵּת אוֹמְרִין לוֹ 'לֵךְ בְּשָׁלוֹם', שֶׁנֶּאֱמַר "וְאַתָּה תָּבוֹא אֶל אֲבֹתֶיךָ בְּשָׁלוֹם" (בראשית טו, טו). וּמְצַיְּנִין אֶת הַקְּבָרוֹת, וּבוֹנִין נֶפֶשׁ עַל הַקֶּבֶר.
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.17וְהַצַּדִּיקִים, אֵין בּוֹנִים לָהֶם נֶפֶשׁ עַל קִבְרוֹתֵיהֶן - דִּבְרֵיהֶם הֵם זִכְרוֹנָם. וְלֹא יִפְנֶה אָדָם לְבַקֵּר הַקְּבָרוֹת.
5A person in his deathroes is considered as a living person with regard to all matters.18 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.19 One who touches him is considered as shedding blood.ההַגּוֹסֵס, הֲרֵי הוּא כְּחַי לְכָל דָּבָר. אֵין קוֹשְׁרִין לְחָיָיו, וְאֵין פּוֹקְקִין נְקָבָיו, וְאֵין מַנִּיחִין כְּלֵי מַתְּכוֹת וּכְלֵי מֵקַר עַל טַבּוּרוֹ שֶׁלֹּא יִתְפַּח, וְלֹא סָכִין אוֹתוֹ, וְלֹא מְדִיחִין אוֹתוֹ, וְלֹא מְטִילִין אוֹתוֹ עַל הַחוֹל וְלֹא עַל הַמֶּלַח - עַד שָׁעָה שֶׁיָּמוּת. וְהַנּוֹגֵעַ בּוֹ, הֲרֵי זֶה שׁוֹפֵךְ דָּמִים.
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 time lest he have fainted. Similarly, we do not rend our clothes because of him, uncover our shoulders,20 recite eulogies, or bring a coffin or shrouds into the house until the person dies.21לְמַה זֶה דּוֹמֶה? לְנֵר שֶׁמְּטַפְטֵף - כֵּיוָן שֶׁיִּגַּע בּוֹ אָדָם, יִכְבֶּה. וְכָל הַמְּאַמֵּץ עִם יְצִיאַת נֶפֶשׁ, הֲרֵי זֶה שׁוֹפֵךְ דָּמִים, אֶלָא יִשְׁהֶה מְעַט, שֶׁמָּא נִתְעַלֵּף. וְכֵן אֵין קוֹרְעִין עָלָיו, וְלֹא חוֹלְצִין כָּתֵף, וְלֹא מַסְפִּידִין, וְלֹא מַכְנִיסִין עִמּוֹ אָרוֹן וְתַכְרִיכִין בַּבַּיִת - עַד שֶׁיָּמוּת.
6When a person’s dead is lying before him, he should eat in another house.22 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 recline23 and eat or eat meat or drink wine.24 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.25 He is free from the obligation to recite the Shema, pray, put on tefillin, or observe any of the mitzvot stated in the Torah.26ומִי שֶׁמֵּתוֹ מֻטָּל לְפָנָיו, אוֹכֵל בְּבַיִת אַחֵר. אֵין לוֹ בַּיִת אַחֵר, עוֹשֶׂה מְחִצָּה וְאוֹכֵל. אֵין לוֹ דָּבָר לַעֲשׂוֹת מְחִצָּה, מַחֲזִיר פָּנָיו וְאוֹכֵל. וּבֵין כָּךְ וּבֵין כָּךְ, אֵינוֹ מֵסֵב וְאוֹכֵל, וְלֹא אוֹכֵל בָּשָׂר, וְאֵינוֹ שׁוֹתֶה יַיִן, וְאֵינוֹ מְבָרֵךְ, וְאֵינוֹ מְזַמֵן, וְאֵין מְבָרְכִין עָלָיו, וְאֵין מְזַמְנִין עָלָיו, וּפָטוּר מִקְּרִיַת שְׁמַע, וּמִן הַתְּפִלָּה, וּמִן הַתְּפִלִּין, וּמִכָּל מִצְוֹת הָאֲמוּרוֹת בַּתּוֹרָה.
On the Sabbath,27 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.28 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.29בַּשַּׁבָּת - מֵסֵב, וְאוֹכֵל בָּשָׂר, וְשׁוֹתֶה יַיִן, וּמְזַמֵן, וּמְבָרֵךְ, וּמְבָרְכִין עָלָיו, וּמְזַמְנִין עָלָיו. וְחַיָּב בְּכָל מִצְוֹת הָאֲמוּרוֹת בַּתּוֹרָה, חוּץ מִתַּשְׁמִישׁ הַמִּטָּה. נִקְבַּר הַמֵּת - הֲרֵי זֶה מֻתָּר לֶאֱכֹל בָּשָׂר, וְלִשְׁתּוֹת יַיִן מְעַט כְּדֵי לִשְׁרוֹת אֲכִילָה שֶׁבְּמֵעָיו, אֲבָל לֹא לִרְווֹת.
7We do not delay the burial of the dead. Instead, we hurry to bury him immediately. Hastening the burial is praiseworthy.30 For one’s father and mother, by contrast, it is demeaning.31זאֵין מַשְׁהִין אֶת הַמֵּת, אֶלָא מַדְחִין מִטָּתוֹ מִיָּד. וְכָל הַמַּדְחֶה מִטָּתוֹ, הֲרֵי זֶה מְשֻׁבָּח. וְעַל אָבִיו וְעַל אִמּוֹ, הֲרֵי זֶה מְגֻנֶּה.
8On Friday or the day before a festival32 or when rain is 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,33 unless he delays the burial for the honor of the dead34 and to complete providing for his needs.חהָיָה עֶרֶב שַׁבָּת אוֹ עֶרֶב יוֹם טוֹב, אוֹ שֶׁהָיוּ גְּשָׁמִים מְזַלְּפִין עַל הַמִּטָּה - מֻתָּר, שֶׁלֹּא אֵחַר אֶלָא לִכְבוֹד אָבִיו וְאִמּוֹ. וְכָל הַמֵּלִין אֶת מֵתוֹ - עוֹבֵר בְּלֹא תַעֲשֶׂה, אֶלָא אִם כֵּן הֱלִינוֹ לִכְבוֹדוֹ וּלְהַשְׁלִים צְרָכָיו.
9On the first day alone,35 it is forbidden for a mourner to put on tefillin or to eat food of his own.36 He must sit on an overturned bed.37 During the remainder of the days of mourning,38 he may eat his own food, sit on a mat or on the ground,39 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.”40 Implied is that other people are forbidden.41 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.42טהָאָבֵל בְּיוֹם הָרִאשׁוֹן בִּלְבַד אָסוּר לְהַנִּיחַ תְּפִלִּין, וְלֶאֱכֹל מִשֶּׁלּוֹ, וְחַיָּב לֵישֵׁב עַל מִטָּה כְּפוּיָה. וּבִשְׁאָר יְמֵי הָאֵבֶל מֻתָּר לוֹ לֶאֱכֹל מִשֶּׁלּוֹ, וְלֵישֵׁב עַל גַּבֵּי מַפָּץ אוֹ קַרְקַע, וּמַנִּיחַ תְּפִלִּין. וּמְנַיִן שֶׁהוּא אָסוּר בָּרִאשׁוֹן לְהַנִּיחַ תְּפִלִּין? שֶׁהֲרֵי נֶאֱמַר לִיחֶזְקֵאל: "פְּאֵרְךָ חֲבוֹשׁ עָלֶיךָ" (יחזקאל כד, יז), מִכְּלָל שֶׁכָּל הָעָם אֲסוּרִין. וְנֶאֱמַר לוֹ "וְלֶחֶם אֲנָשִׁים לֹא תֹאכֵל" (שם) - מִכְּלָל שֶׁכָּל הָעָם אוֹכְלִין מִשֶׁל אֲחֵרִים בְּיוֹם רִאשׁוֹן, וַאֲסוּרִין לֶאֱכֹל מִשֶּׁל עַצְמָן.

Quiz Yourself on Avel - Chapter 4

Footnotes
1.

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.

2.

This refers to the taharah procedure. The purpose is to endow the corpse with purity (Perishah, Yoreh De’ah 352).

3.

So that air will not enter the body and cause it to decompose quickly (Hilchot Shabbat 26:20).

4.

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.

5.

Our translation follows the version of authentic manuscripts of the Mishneh Torah. The standard printed text reads slightly differently.

6.

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.

7.

See Chapter 14, Halachah 25. See also Hilchot Melachim 6:10 which describes the prohibition against destroying useful property.

8.

Note the prohibition against such emulation in Hilchot Avodat Kochavim 11:1.

9.

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.

10.

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.

11.

This reflects the custom, still followed in most places in Eretz Yisrael today, to bury the corpse in the ground without a coffin.

12.

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.

13.

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.”

14.

The verse communicates the prophecy that Abraham will die in tranquillity.

15.

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.

16.

Our translation follows the authoritative manuscripts and early printings of the Mishneh Torah. The standard printed texts follow a slightly different version.

17.

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.

18.

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.

19.

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.

20.

See Chapter 8, Halachah 3.

21.

Lest the dying person take notice and become aggrieved. This might hasten his death.

22.

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.

23.

As is the custom of important personages when they dine.

24.

For while he is allowed to eat, he may not indulge.

25.

To introduce grace with a blessing.

26.

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.

27.

When nothing can be done to bury the dead and outward expressions of mourning are forbidden.

28.

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.”

29.

Lest one become intoxicated. See Chapter 13, Halachah 8.

30.

For an early burial is a measure of respect for the dead.

31.

For one must mourn excessively for one's parents and arranging their funeral hastily shows a lack of respect.

32.

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.

33.

See Hilchot Sanhedrin 15:8.

34.

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)].

35.

I.e., even after the burial of the deceased when the mourner is obligated to perform mitzvot.

36.

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.

37.

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.

38.

I.e., during the seven days of shivah.

39.

In the Ashkenazic community, it has become customary to sit on low stools.

40.

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.

41.

Rashi (Sukkah 25a) explains that when a person girds himself with glory (tefillin), he implies that he is not devastated by his loss.

42.

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.

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.