Rambam - 1 Chapter a Day
Avel - Chapter 5
Avel - Chapter 5
See Chapter 1, Halachah 1.
The Rambam explains each of these restrictions at length in the halachot which follow.
After the deaths of their brothers. They were given this command in honor of the dedication of the Sanctuary and such conduct was appropriate only at that time.
This also applies during the 30 days of mourning as stated in Chapter 6.
For shaving is forbidden, regardless; see Hilchot Avodat Kochavim, ch. 11.
I.e., even the hair of others (Radbaz).
For having half of one’s hair cut would appear ludicrous.
If one is cutting someone else’s hair and there is another barber in town, one should cease and have the other barber finish the haircut [Kessef Mishneh; Shulchan Aruch (Yoreh De’ah 390:2)].
These reflect Yoav’s instructions to the wise woman of Tekoa. Although she was only feigning mourning, the fact that she followed these practices indicates that they are followed by mourners.
The Shulchan Aruch (Yoreh De’ah 389:3) state that this applies to colored clothes as well. The Shulchan Aruch (loc. cit.:1) also forbids using freshly laundered sheets. Wearing pressed clothes is also forbidden for the 30 days of mourning as stated in Chapter 6.
Similarly, the Shulchan Aruch (Yoreh De’ah 381:1-2) allows one to wash oneself in an ordinary manner to remove filth and to anoint oneself for medicinal purposes. The Radbaz quotes the Jerusalem Talmud (Berachot 2:6) which states that any washing that is not for pleasure is permitted.
The Radbaz quotes Mo’ed Kattan 24a which states that there was a person who engaged in relations during the week of mourning and afterwards, wild pigs tore apart his body.
After the conclusion of the mourning period for their son who died.
This is also forbidden for the 30 days of mourning as stated in Chapter 6.
The Shulchan Aruch (Yoreh De’ah 383:1) states that the restrictions observed when a woman is in the niddah state need not be observed at this time. Although the letter of the law allows this, the Radbaz and many other authorities suggest being stringent.
This refers to an ordinary mourner. If, however, a couple have never engaged in relations - e.g., one of their parents dies directly after their wedding - they may not remain in solitude together [Shulchan Aruch (Yoreh De’ah 383:2)].
The prohibition involves only leather shoes. Shoes from other materials may be worn [Shulchan Aruch (Yoreh De’ah 382:1).]
In the instructions God gave him in connection with his wife's death.
Similarly, a person is allowed to wear shoes if there is a danger of being bitten by scorpions or for other health reasons, e.g., a woman who just gave birth [Shulchan Aruch (loc. cit.:2-3)].
In a city inhabited primarily by gentiles, some authorities grant license to wear one’s shoes until one reaches the Jewish quarter [ibid.:4].
In contrast to the previous halachot which mention prohibitions that can be derived from the literal meaning of the verse, this prohibition is merely hinted at by the verse (Radbaz; Kessef Mishneh).
If the mourner stands to lose a considerable amount (davar ha’avaid) if a transaction is not carried out, leniency may be granted for others to carry out this transaction for him as leniency is granted during chol hamoed [see Hilchot Sh’vitat Yom Tov 7:22; Radbaz; see also Shulchan Aruch (Yoreh De’ah 380:6)].
See Chapter 6, Halachah 2, which explains that this prohibition also applies during the thirty days of sheloshim mourning.
As evident from Chapter 13, Halachah 11, the first three days of mourning are the most intense when the mourner weeps over his dead. If he is forced to work, he will be prevented from weeping (Kessef Mishneh).
And needs to perform this work to earn his livelihood.
The Jerusalem Talmud (Mo’ed Kattan 3:5) states: “May a curse come upon his neighbors who required him to do this,” i.e., who did not provide for his needs.
The Radbaz states that this applies even to a rich woman and even during the first three days of mourning, since it is extremely undesirable for a woman to be idle. See Ketubot 59b.
In his Kessef Mishneh and in his Shulchan Aruch (Yoreh De’ah 380:21), Rav Yosef Caro explains that our Sages sought to prevent public knowledge of the functioning of the partnership. Accordingly, the store must be closed. If, however, it is possible for the other partner to perform activities on behalf of the partnership in private without public knowledge, he may. The profits are then split by the two. If, however, the mourner is a well-known person and hence, any work performed on his behalf will become public knowledge, it is forbidden for his partner to perform work.
The intermediate days of the festival when ordinary work is forbidden, but license is granted to perform work if otherwise, a person will suffer a substantial loss (see Hilchot Sh'vitat Yom Tov 7:1-2).
So that his attention will not be diverted from his mourning (Rabbenu Nissim).
But not his own servants or the members of his household whom he supports [Radbaz; Shulchan Aruch (Yoreh De’ah 380:4).]
For a wage, not merely as a favor for the mourner.
Before olives are pressed, they are left in the sun. First they are exposed on one side and then on the other. If they are not turned over, they will spoil.
To protect the oil placed inside them.
In both these instances, leaving the fabric to soak beyond the desired time will cause it to spoil.
In this halachah, the Rambam speaks about instances that apply in an agricultural society. Similar principles apply with regard to activities fundamental to a commercial society as mentioned in the notes to Halachah 7.
The Hebrew terms used by the Rambam include both sharecroppers who give a fixed percentage of the crops and those who give a fixed amount of produce.
Paying a fixed fee. The Rambam defines the three Hebrew terms used in this halachah in Hilchot Sechirut 8:1-2.
For they are working on their own behalf and not on behalf of the mourner who owns the fields.
The Radbaz and the Kessef Mishneh quote the Ra’avad who explains that this applies even if the rental agreement ended before the beginning of the period. In contrast to the animals or ships mentioned in the second clause, it is common to rent out land. See Shulchan Aruch (Yoreh De’ah 380:11).
Even though they were rented out before the person became a mourner, since the term of the rental agreement was not specified originally, continuing to rent them out considered as "work" and hence, is forbidden.
Employing a profit sharing agreement.
Since they were rented out for a specific time period, during that time period, they are considered as belonging to the renter.
Mo’ed Kattan 11b explains that this refers to a person who works the mourner’s land.
Since the mourner’s ownership of the land is common knowledge, having work performed on the land is considered as if he performed work in public.
Work with materials not connected with landed property, e.g., to sew clothing or to make furniture.
In which instance, one might think there might be room for leniency since he is not being paid specifically for the days of mourning.
For he is not allowed to perform work during the days of mourning.
Lest others think he helped perform the task or hired the person during the days of mourning.
For people at large will not necessarily know that these tasks are being performed, nor will they have reason to associate them with the mourner.
The Kessef Mishneh and the Ramah (Yoreh De’ah 380:18) emphasize that the work must have been contracted out before the period of mourning began.
For litigation, like work, will divert his attention from mourning.
E.g., the defendant or the witnesses are leaving the locale and it will be impossible to prosecute the matter in the future (Radbaz).
Just like a person may appoint an agent to perform his work for him when there is a possibility of loss (Halachah 10), he may appoint an agent to prosecute his claim. Although generally it is undesirable to have an agent prosecute a claim (Hilchot Shluchim 3:5), license is granted in this instance because of the extenuating circumstances.
In the instructions God gave him in connection with his wife’s death. Tosafot, Mo’ed Kattan 21 b associates this prohibition with the fact that Torah study engenders happiness, as Psalms 19:9 states: “The precepts of God are just, bringing gladness to the heart.”
The Radbaz (in his gloss to Halachah 20) asks why in this instance we are required to emulate Ezekiel's example while in all other instances, we are required to conduct ourselves in the opposite manner. He explains that in all instances Ezekiel was given instructions that relaxed his mourning obligations and hence, we do the opposite. Here, he was given instructions that increased his mourning and hence, we certainly must follow them.
Based on Mo’ed Kattan 21a, the source for this halachah, it would appear that the Rambam is referring to the realm of study known as Aggadah, i.e., the homiletic teachings of our Sages.
Torah law.
Tosafot, loc. cit., explains that only Torah subjects that bring happiness are forbidden. The Books of Eichah and Job and similar prophecies of retribution are permitted. Similarly, it is permitted to study the laws of mourning. These concepts are reiterated by Shulchan Aruch (Yoreh De’ah 384:4).
In the Talmudic era, it was not customary for a teacher to deliver a lesson to the people himself. Instead, he would stand before them and speak to a spokesman who would, in turn, communicate the teachings to the people at large. See Hilchot Talmud Torah 4:3.
In Chapter 4, Halachah 9, the Rambam writes that a mourner must sit on an overturned bed. The Radbaz explains that he is not obligated to sit on an overturned bed for all seven days of mourning. The bed must remain overturned, but the person may sit on the ground. As mentioned in the notes to that halachah, at present it is not customary to turn over beds as a sign of mourning.
The Siftei Cohen 387:1 states explicitly that a mourner should sit on the ground itself. It is not sufficient for him to sit on a low stool or cushion. Nevertheless, the common custom is to do the latter. Perhaps the source for leniency is the license granted for a sick or old person to sit on low stools or cushions because it is difficult for them to bear discomfort.
With regard to a rumor that all of King David's sons had been slain.
A low bed or chair with a leather base that is tied to posts by straps that is larger than a bench (the Rambam's Commentary to the Mishnah, Sanhedrin 2:3; Hilchot Nedarim 9:15).
The Shulchan Aruch (Yoreh De’ah 386:1) requires the observance of this practice. The Ramah, however, states that it has not been customary to observe it within the Ashkenazic community, nor is one obligated to do so.
In his translation of the Torah into Aramaic.
As reflected by the gloss of the Radbaz to Chapter 10, Halachah 1, this obligation applies only when sitting alone. When sitting with others, the mourner may uncover his face. This conclusion is quoted by the Shulchan Aruch (Yoreh De’ah 386:1).
As will be explained, the colleague should not greet him. If he does - because he does not know that he is a mourner or because he errs and/or forgets the law, the mourner may respond.
For they are in a state of well-being and composure.
For he has not reached a state of composure (Mo’ed Kattan 21b).
For laughing in a state of mourning will be unseemly in the eyes of the public (Mo’ed Kattan 26b).
As stated in Chapter 6, Halachot 2 and 7, this restriction applies for a month and when one is in mourning for one’s parents, for twelve months.
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