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Rambam - 1 Chapter a Day

Avel - Chapter 5

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Avel - Chapter 5

1These are the matters forbidden to a mourner on the first day according to Scriptural Law and on the remaining seven days according to Rabbinic Law.1 He is forbidden to cut his hair, launder his clothes, wash, anoint himself, engage in sexual relations, wear shoes, perform work, study the Torah, stand his bed upright, leave his head uncovered, and greet others, eleven matters in total.2אאֵלּוּ דְּבָרִים שֶׁהָאָבֵל אָסוּר בָּהֶן בְּיוֹם הָרִאשׁוֹן מִן הַתּוֹרָה, וּבִשְׁאָר שִׁבְעַת יְמֵי הָאֵבֶל מִדִּבְרֵיהֶם: אָסוּר לְסַפֵּר, וּלְכַבֵּס, וְלִרְחֹץ, וְלָסוּךְ, וּלְשַׁמֵּשׁ מִטָּתוֹ, וְלִנְעֹל אֶת הַסַּנְדָּל, וְלַעֲשׂוֹת מְלָאכָה, וְלִקְרוֹת בְּדִבְרֵי תּוֹרָה, וְלִזְקֹף אֶת הַמִּטָּה, וְלִפְרֹעַ אֶת רֹאשׁוֹ, וְלִשְׁאֹל שָׁלוֹם. הַכֹּל אַחַד עָשָׂר דָּבָר.
2Which source teaches that a mourner is forbidden to have his hair cut? Leviticus 10:6 warns the sons of Aaron:3 “Do not let the hair of your heads grow untended.” Implied is that every mourner is forbidden to cut his hair. Instead, he lets his hair grow untended.4 Just as he is forbidden to cut off his hair; so, too, he is forbidden to trim5 his beard and any other hair on his body. This applies to cutting hair6 and having one’s own hair cut.בוּמִנַיִן שֶׁהָאָבֵל אָסוּר בְּתִּסְפֹּרֶת? שֶׁהֲרֵי הִזְהִיר בְּנֵי אַהֲרוֹן "רָאשֵׁיכֶם אַל תִּפְרָעוּ" (ויקרא י, ו) - מִכְּלָל שֶׁכָּל הַמִּתְאַבֵּל אָסוּר לְסַפֵּר שְׂעָרוֹ, אֶלָא מְגַדֵּל פֶּרַע. וּכְשֵׁם שֶׁאָסוּר לְגַלֵּחַ שְׂעַר רֹאשׁוֹ, כָּךְ אָסוּר לְגַלֵּחַ שְׂעַר זְקָנוֹ, וְכָל שֵׂעָר שֶׁיֵּשׁ בּוֹ. אֶחָד הַמְּגַלֵּחַ וְאֶחָד הַמִּתְגַּלֵּחַ.
If he was in the midst of a haircut and he heard that his father died, he may complete the haircut.7 This applies to cutting hair8 and having one’s own hair cut.הָיָה מְגַלֵּחַ וְשָׁמַע שֶׁמֵּת אָבִיו - מַשְׁלִים תִּגְלַחַת רֹאשׁוֹ, אֶחָד הַמְּגַלֵּחַ וְאֶחָד הַמִּתְגַּלֵּחַ.
Similarly, it is forbidden to cut off one’s mustache or to cut one’s nails with a utensil. One may, however, bite off one’s nails or trim them with one’s other nails.וְכֵן אָסוּר לְגַלֵּחַ שָׂפָה, וְלִטֹּל צִפָּרְנָיו בִּכְלִי; אֲבָל בְּשִׁנָּיו אוֹ שֶׁנָּטַל צִפֹּרֶן בְּצִפֹּרֶן, מֻתָּר.
3Which source teaches that a mourner is forbidden to launder his clothes and to wash and anoint his body? II Samuel 14:2 states:9 “Please conduct yourself as a mourner; please wear mourner’s clothes and do not anoint yourself with oil.”גוּמִנַיִן שֶׁהָאָבֵל אָסוּר לְכַבֵּס בְּגָדָיו וְלִרְחֹץ גּוּפוֹ וְלָסוּךְ? שֶׁנֶּאֱמַר "הִתְאַבְּלִי נָא וְלִבְשִׁי נָא בִגְדֵי אֵבֶל וְאַל תָּסוּכִי שֶׁמֶן" (שמואל ב יד, ב).
Washing is including in anointing oneself, for it is a preliminary step before anointing oneself as Ruth 3:3 states: “Wash and anoint yourself.” וּרְחִיצָה בִּכְלַל סִיכָה - שֶׁהָרְחִיצָה קוֹדֶמֶת לַסִּיכָה, שֶׁנֶּאֱמַר "וְרָחַצְתְּ וָסַכְתְּ" (רות ג, ג).
Just as a mourner is forbidden to launder clothes; so, too, he is forbidden to wear new and freshly pressed white clothes.10וּכְשֵׁם שֶׁהָאָבֵל אָסוּר בְּכִבּוּס בְּגָדִים, כָּךְ אָסוּר לִלְבֹּשׁ כֵּלִים לְבָנִים חֲדָשִׁים וּמְגֹהָצִין.
4As it is forbidden to anoint one’s entire body; so, too, it is forbidden to anoint a portion of one’s body. To remove filth, however, it is permitted.11 Similarly, it is forbidden to wash a portion of one’s body in hot water. One may, however, wash one’s face, one’s hands, and one’s feet - but not one’s entire body - in cold water.דאָסוּר לָסוּךְ מִקְצַת גּוּפוֹ, כְּכָל גּוּפוֹ. וְאִם לְהַעְבִיר אֶת הַזֻּהְמָה, מֻתָּר. וְכֵן אָסוּר בִּרְחִיצַת מִקְצַת גּוּפוֹ בְּחַמִּין; אֲבָל בְּצוֹנֵן - רוֹחֵץ פָּנָיו יָדָיו וְרַגְלָיו, אֲבָל לֹא כָּל גּוּפוֹ.
5Which source teaches that a mourner is forbidden to engage in sexual relations?12 II Samuel 12:24 states: “And David comforted his wife, Batsheva,13 and he came to her and lay with her.” This indicates that this was forbidden beforehand. המִנַיִן לָאָבֵל שֶׁאָסוּר בְּתַשְׁמִישׁ הַמִּטָּה? שֶׁנֶּאֱמַר "וַיְנַחֵם דָּוִד אֵת בַּת שֶׁבַע אִשְׁתּוֹ וַיָּבֹא אֵלֶיהָ וַיִּשְׁכַּב עִמָּהּ" (שמואל ב יב, כד). מִכְּלָל שֶׁהָיָה אָסוּר מִקֹּדֶם.
Similarly, a mourner should not marry a woman,14 nor should a woman marry while mourning even though they do not engage in relations. It is permitted for a mourner to remain in solitude with his wife15 even though he is forbidden to engage in sexual relations.16וְכֵן לֹא יִשָּׂא הָאָבֵל אִשָּׁה, וְלֹא תִנָּשֵׂא הָאִשָּׁה, אַף עַל פִּי שֶׁאֵין מְשַׁמְּשִׁין מִטָּתָן. וּמֻתָּר לְהִתְיַחֵד עִם אִשְׁתּוֹ, אַף עַל פִּי שֶׁהוּא אָסוּר בְּתַשְׁמִישׁ הַמִּטָּה.
6Which source teaches that a mourner is forbidden to wear shoes?17 Ezekiel was instructed Ezekiel 24:17:18 “And place your shoes on your feet.” Implied is that all others are forbidden. If a person is traveling on a journey, he may wear shoes and proceed on his way.19 When he enters a city,20 he should remove his shoes.ומִנַיִן שֶׁהָאָבֵל אָסוּר בִּנְעִילַת הַסַּנְדָּל? שֶׁהֲרֵי נֶאֱמַר בִּיחֶזְקֵאל "וּנְעָלֶיךָ תָּשִׂים בְּרַגְלֶיךָ" (יחזקאל כד, יז), מִכְּלָל שֶׁכָּל הָעָם אֲסוּרִין. הָיָה בָּא בַּדֶּרֶךְ - נוֹעֵל וְהוֹלֵךְ; וּכְשֶׁיִּכָּנֵס בַּמְּדִינָה - חוֹלֵץ מִנְעָלָיו.
7An allusion21 to the prohibition against a mourner performing labor can be derived from Amos 8:10: “I shall transform your festivals into mourning.” Just As it is forbidden to perform work on a festival; so, too, a mourner is forbidden to perform work.זרֶמֶז לְאָבֵל שֶׁאָסוּר בַּעֲשִׂיַּת מְלָאכָה, זֶה שֶׁנֶּאֱמַר "וְהָפַכְתִּי חַגֵּיכֶם לְאֵבֶל" (עמוס ח, י) - מַה חָג אָסוּר בַּעֲשִׂיַּת מְלָאכָה, אַף אָבֵל אָסוּר בַּעֲשִׂיַּת מְלָאכָה.
And just as a mourner is forbidden to perform work; so, too, is he forbidden to engage in commercial transactions22 and to travel from city to city on a business trip.23וּכְשֵׁם שֶׁהוּא אָסוּר בַּעֲשִׂיַּת מְלָאכָה, כָּךְ הוּא אָסוּר לִשָּׂא וְלִתֵּן בִּסְחוֹרָה, וְלֵילֵךְ מִמְּדִינָה לִמְדִינָה בִּסְחוֹרָה.
8For the first three days, all mourners, even a poor person who derives his livelihood from charity, are forbidden to perform work.24 After that period, if the mourner is indigent,25 he may perform this work privately in his home.26 A woman may spin fabric on a spindle in her home.27חכָּל שְׁלוֹשָׁה יָמִים הָרִאשׁוֹנִים אָסוּר בַּעֲשִׂיַּת מְלָאכָה, אַפִלּוּ הָיָה עָנִי הַמִּתְפַּרְנֵס מִן הַצְּדָקָה. מִכָּאן וְאֵילָּךְ, אִם הָיָה עָנִי - עוֹשֶׂה בְּצִנְעָה בְּתוֹךְ בֵּיתוֹ, וְהָאִשָּׁה טוֹוָה בַּפֶּלֶךְ בְּתוֹךְ בֵּיתָהּ.
9When two brothers or two partners operate one store together and one of them is forced to mourn, the store should be closed for all seven days of mourning.28טשְׁנֵי אַחִים אוֹ שְׁנֵי שֻׁתָּפִין שֶׁהָיוּ בְּחָנוּת אַחַת, וְאֵרַע אֵבֶל לְאֶחָד מֵהֶן - נוֹעֲלִין אֶת הֶחָנוּת כָּל שִׁבְעָה.
10Even activities which are permitted to be performed during chol hamo’ed29 may not be performed by a mourner during the days of mourning.30 Others31 may, however, perform these tasks on his behalf.32יאַפִלּוּ דְּבָרִים הַמֻּתָּרִין לַעֲשׂוֹתָן בְּחֻלּוֹ שֶׁל מּוֹעֵד, אָסוּר לָאָבֵל לַעֲשׂוֹתָן בְּיָדוֹ בִּימֵי אֶבְלוֹ; אֲבָל אֲחֵרִים עוֹשִׂים לוֹ.
What is implied? If it is necessary to turn over a person’s olives,33 put pitch on his barrels,34 or bring his flax up from the vat where it is soaking or his wool from the kettle where it is being dyed,35 he may hire someone else to perform this task on his behalf so that he will not suffer a loss.36 And he may have his field irrigated in the irrigation season.כֵּיצַד? הָיוּ זֵיתָיו לַהֲפֹּךְ, וְכַדָּיו לָגוּף, וּפִשְׁתָּנוֹ לַעֲלוֹת מִן הַמִּשְׁרָה, וְצַמְרוֹ מִן הַיּוֹרָה - שׂוֹכֵר אֲחֵרִים לַעֲשׂוֹתָן לוֹ כְּדֵי שֶׁלֹּא יֹאבְדוּ. וּמְרַבְּצִין לוֹ שָׂדֵהוּ מִשֶּׁתַּגִּיעַ עוֹנַת הַמַּיִם.
11His sharecroppers37 or those who hire his fields38 may perform work in their ordinary way.39יאהָאֲרִיסִין וְהַחֲכִירִין שֶׁלּוֹ וְהַקַּבְּלָנִין - הֲרֵי אֵלּוּ יַעֲשׂוּ כְּדַרְכָּן.
But donkey-drivers and camel-drivers who rent his animals and sailors who rent his ships should not perform work.40אֲבָל הַחַמָּרִין וְהַגַּמָּלִין בַּבְּהֵמוֹת שֶׁלּוֹ, וְהַסַּפָּנִין בַּסְּפִינָה שֶׁלּוֹ - הֲרֵי אֵלּוּ לֹא יַעֲשׂוּ.
If the animals or ships were hired out41 or rented out previously for a specific time, the renters may perform work.42וְאִם הָיוּ מֻחְכָּרִין אוֹ מֻשְׂכָּרִין מִקֹּדֶם לִזְמַן קָצוּב - הֲרֵי אֵלּוּ יַעֲשׂוּ.
12A worker43 hired by the day - even if he is located in another city - should not perform work on behalf of the mourner.44יבשְׂכִיר יוֹם, אַפִלּוּ בְּעִיר אַחֶרֶת - לֹא יַעֲשֶׂה לוֹ.
13When a mourner was charged with doing tasks45 on behalf of others, whether as a contractor46 or not as a contractor, he should not perform them.47יגהָאָבֵל שֶׁהָיְתָה מְלֶאכֶת אֲחֵרִים בְּיָדוֹ, בֵּין בְּקַבְּלָנוּת בֵּין שֶׁאֵינָהּ בְּקַבְּלָנוּת - לֹא יַעֲשֶׂה.
If his tasks were entrusted to others, they should not work on them in his home,48 but may work on them elsewhere.49הָיְתָה מְלַאכְתּוֹ בְּיַד אֲחֵרִים: בְּבֵיתוֹ - לֹא יַעֲשׂוּ, בְּבֵית אֲחֵרִים - עוֹשִׂין.
14If a mourner has litigation with a colleague, he should not prosecute the matter throughout the seven days of mourning.50 If it concerned a matter that could lead to a loss,51 he should appoint an agent.52 The Geonim ruled in this manner.ידהָיָה לוֹ דִּין עִם אָדָם, אֵינוֹ תּוֹבֵעַ אוֹתוֹ כָּל שִׁבְעַת יְמֵי הָאֲבֵלוּת. וְאִם הָיָה דָּבָר אָבֵד - עוֹשֶׂה שָׁלִיחַ. כְּזֶה הוֹרוּ הַגְּאוֹנִים.
15Which source teaches that a mourner is forbidden to speak words of Torah? Ezekiel was instructed Ezekiel 24:17:53 “Be silent from groaning.”טומִנַיִן שֶׁהָאָבֵל אָסוּר בְּדִבְרֵי תּוֹרָה? שֶׁהֲרֵי נֶאֱמַר לִיחֶזְקֵאל "הֵאָנֵק דֹּם" (יחזקאל כד, יז).
16He is forbidden to read from the Torah, the Prophets, and the Holy Scriptures and to study the Mishnah, the Midrash,54 and the Halachot.55 If many require his instruction, he is permitted, provided he does not appoint a spokesman.56 טזאָסוּר לִקְרוֹת בַּתּוֹרָה וּבַנְּבִיאִים וּבַכְּתוּבִים, וְלִשְׁנוֹת בַּמִּשְׁנָה וּבַמִּדְרָשׁ וּבַהֲלָכוֹת. וְאִם הָיוּ רַבִּים צְרִיכִין לוֹ – מֻתָּר. וּבִלְבָד שֶׁלֹּא יַעֲמִיד תֻּרְגְּמָן.
Instead, he should whisper to the person sitting next to him. That person should relate the teachings to the spokesman and the spokesman should communicate them to the people at large.אֶלָא יִלְחֹשׁ לְאַחֵר בְּצִדּוֹ, וְזֶה שֶׁבְּצִדּוֹ אוֹמֵר לַתֻּרְגְּמָן, וְהַתֻּרְגְּמָן מַשְׁמִיעַ לָרַבִּים.
17Which source teaches that a mourner should not sit on a bed?57 II Samuel 13:31 states:58 “And the king arose, rent his garments, and lay on the ground.’’יזוּמִנַיִן שֶׁאֵין הָאָבֵל יוֹשֵׁב עַל הַמִּטָּה? שֶׁנֶּאֱמַר "וַיָּקָם הַמֶּלֶךְ וַיִּקְרַע אֶת בְּגָדָיו וַיִּשְׁכַּב אָרְצָה" (שמואל ב יג, לא).
18A mourner is obligated to overturn his bed for all seven days of mourning. This applies not only to his own bed. Instead, he must overturn all the beds he has in his house. Moreover, even if he has ten beds in ten homes in ten cities, he is obligated to overturn all of them.יחוְחַיָּב לִכְפּוֹת אֶת הַמִּטָּה כָּל שִׁבְעָה. וְלֹא מִטָּתוֹ בִּלְבַד הוּא כּוֹפֶה, אֶלָא כָּל הַמִטּוֹת שֶׁיֵּשׁ לוֹ בְּתוֹךְ בֵּיתוֹ הוּא כּוֹפֶה. אַפִלּוּ עֶשֶׂר מִטּוֹת בַּעֲשָׂרָה בָּתִּים וּבְעֶשֶׂר עֲיָרוֹת - חַיָּב לִכְפּוֹת אֶת כֻּלָּן.
Even if there are five brothers and one of them dies, all the remainder must overturn their beds.וְאַפִלּוּ חֲמִשָּׁה אַחִים, וּמֵת אֶחָד מֵהֶן - כֻּלָּן כּוֹפִין אֶת כָּל מִטּוֹתֵיהֶן.
When a bed is set aside to be used for money or for utensils, it need not be overturned. Similarly, a dargesh59 need not be overturned. Instead, the straps should be released and the bed allowed to fall.הַמִּטָּה הַמְּיֻחֶדֶת לְכֵלִים אוֹ לְמָעוֹת, אֵינוֹ צָרִיךְ לִכְפּוֹתָהּ. דַּרְגָּשׁ, אֵינוֹ צָרִיךְ לִכְפּוֹתוֹ, אֶלָא מַתִּיר אֶת קַרְבִּיטָיו וְהוּא נוֹפֵל מֵאֵלָיו.
When bed posts emerge from a bed and so it is impossible to turn it over, he should turn it on its side while upright; this is sufficient.מִטָּה שֶׁנַּקְלִיטֶיהָ יוֹצְאִין מִמֶּנָּה, שֶׁהֲרֵי אִי אֶפְשָׁר לְהָפְכָהּ - זוֹקְפָהּ וְדַיּוֹ.
If a person turned all his own beds over, but slept on beds belonging to others, on a chair, on a chest, or on the ground, he does not fulfill his obligation. Instead, he must sleep on the overturned bed.הָפַךְ כָּל מִטּוֹתָיו, וְהָיָה הוּא יָשֵׁן עַל גַּבֵּי מִטּוֹת אֲחֵרִים, אוֹ עַל גַּבֵּי כִּסֵּא, אוֹ עַל גַּבֵּי אָרוֹן, אוֹ עַל גַּבֵּי קַרְקַע - לֹא יָצָא יְדֵי חוֹבָתוֹ, אֶלָא יִישַׁן עַל גַּבֵּי מִטָּה הַכְּפוּיָה.
19Which source teaches that a mourner is forbidden to uncover his head? Ezekiel was instructed Ezekiel 24:17: “Do not veil your face until the lips.” Implied is that others are obligated to cover their heads.60יטמִנַיִן לָאָבֵל שֶׁאָסוּר בִּפְרִיעַת הָרֹאשׁ? שֶׁהֲרֵי נֶאֱמַר לִיחֶזְקֵאל "לֹא תַעְטֶה עַל שָׂפָם" (יחזקאל כד, יז), מִכְּלָל שֶׁשְּׁאָר הָאֲבֵלִים חַיָּבִין בַּעֲטִיפַת הָרֹאשׁ.
He should use the sash with which he covers his head and wind a portion of it over his mouth slightly. In this vein, Onkelos renders61 Leviticus 13:45: “He should veil his face until his lips,” as “He should cover himself like a mourner.”62וְהַסּוּדָר שֶׁמְּכַסֶּה בּוֹ רֹאשׁוֹ עוֹטֶה מִּקְצָתוֹ מְעַט עַל פִּיו, שֶׁנֶּאֱמַר "וְעַל שָׂפָם יַעְטֶה" (ויקרא יג, מה) - וְאֻנְקֳלוֹס תִּרְגֵּם: כַּאֲבִילָא יִתְעַטָּף.
20Which source teaches that a mourner is forbidden to exchange greetings with colleagues? Ezekiel was instructed: “Be silent from groaning.”כוּמִנַיִן שֶׁהָאָבֵל אָסוּר בִּשְׁאֵלַת שָׁלוֹם? שֶׁנֶּאֱמַר "הֵאָנֵק דֹּם" (יחזקאל כד, יז).
For the entire first three days, if someone greets him, he does not respond with greetings. Instead, he notifies him that he is a mourner. From the third day until the seventh, when a person greets him,63 he should respond with greetings. From the seventh until the thirtieth day, he may greet others,64 but others should not greet him65 until after thirty days have passed.כָּל שְׁלוֹשָׁה יָמִים הָרִאשׁוֹנִים, מִי שֶׁנָּתַן לוֹ שָׁלוֹם - אֵינוֹ מַחֲזִיר לוֹ אֶלָא מוֹדִיעוֹ שֶׁהוּא אָבֵל. וּמִשְּׁלוֹשָׁה וְעַד שִׁבְעָה, מִי שֶׁשָּׁאַל בִּשְׁלוֹמוֹ - מַחֲזִיר לוֹ שָׁלוֹם. וּמִשִּׁבְעָה וְעַד שְׁלוֹשִׁים - שׁוֹאֵל בִּשְׁלוֹם אֲחֵרִים, אֲבָל אֲחֵרִים אֵין שׁוֹאֲלִין בִּשְׁלוֹמוֹ עַד לְאַחַר שְׁלוֹשִׁים יוֹם.
And when he is in mourning for his father or mother, he should not be greeted until after twelve months.וְעַל אָבִיו וְעַל אִמּוֹ - אֵין שׁוֹאֲלִין בִּשְׁלוֹמוֹ עַד לְאַחַר שְׁנֵים עָשָׂר חֹדֶשׁ.
If he is forbidden to greet a colleague during the mourning period, one can certainly infer that he is forbidden to engage in lengthy talk and frivolity, as implied by the instruction: “Be silent.”אִם בִּשְׁאֵלַת שָׁלוֹם נֶאֱסָר הָאָבֵל, קַל וְחֹמֶר שֶׁהוּא אָסוּר לְהַרְבּוֹת דְּבָרִים וְלִשְׂחֹק, שֶׁנֶּאֱמַר "דֹּם" (יחזקאל כד, יז).
He should not hold an infant in his arms so that he will not lead him to laughter.66 And he should not enter a place of celebration, e.g., a feasting hall or the like.67וְלֹא יֶאֱחֹז תִּינוֹק בְּחֵיקוֹ, שֶׁלֹּא יְבִיאֶנּוּ לִידֵי שְׂחוֹק. וְלֹא יִכָּנֵס לִמְקוֹם שִׂמְחָה, כְּגוֹן בָּתֵּי הַמִּשְׁתָּאוֹת וְכַיּוֹצֵא בָּהֶן.

Quiz Yourself on Avel - Chapter 5

Footnotes
1.

See Chapter 1, Halachah 1.

2.

The Rambam explains each of these restrictions at length in the halachot which follow.

3.

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.

4.

This also applies during the 30 days of mourning as stated in Chapter 6.

5.

For shaving is forbidden, regardless; see Hilchot Avodat Kochavim, ch. 11.

6.

I.e., even the hair of others (Radbaz).

7.

For having half of one’s hair cut would appear ludicrous.

8.

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)].

9.

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.

10.

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.

11.

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.

12.

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.

13.

After the conclusion of the mourning period for their son who died.

14.

This is also forbidden for the 30 days of mourning as stated in Chapter 6.

15.

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.

16.

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)].

17.

The prohibition involves only leather shoes. Shoes from other materials may be worn [Shulchan Aruch (Yoreh De’ah 382:1).]

18.

In the instructions God gave him in connection with his wife's death.

19.

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)].

20.

In a city inhabited primarily by gentiles, some authorities grant license to wear one’s shoes until one reaches the Jewish quarter [ibid.:4].

21.

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).

22.

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)].

23.

See Chapter 6, Halachah 2, which explains that this prohibition also applies during the thirty days of sheloshim mourning.

24.

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).

25.

And needs to perform this work to earn his livelihood.

26.

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.

27.

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.

28.

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.

29.

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).

30.

So that his attention will not be diverted from his mourning (Rabbenu Nissim).

31.

But not his own servants or the members of his household whom he supports [Radbaz; Shulchan Aruch (Yoreh De’ah 380:4).]

32.

For a wage, not merely as a favor for the mourner.

33.

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.

34.

To protect the oil placed inside them.

35.

In both these instances, leaving the fabric to soak beyond the desired time will cause it to spoil.

36.

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.

37.

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.

38.

Paying a fixed fee. The Rambam defines the three Hebrew terms used in this halachah in Hilchot Sechirut 8:1-2.

39.

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).

40.

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.

41.

Employing a profit sharing agreement.

42.

Since they were rented out for a specific time period, during that time period, they are considered as belonging to the renter.

43.

Mo’ed Kattan 11b explains that this refers to a person who works the mourner’s land.

44.

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.

45.

Work with materials not connected with landed property, e.g., to sew clothing or to make furniture.

46.

In which instance, one might think there might be room for leniency since he is not being paid specifically for the days of mourning.

47.

For he is not allowed to perform work during the days of mourning.

48.

Lest others think he helped perform the task or hired the person during the days of mourning.

49.

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.

50.

For litigation, like work, will divert his attention from mourning.

51.

E.g., the defendant or the witnesses are leaving the locale and it will be impossible to prosecute the matter in the future (Radbaz).

52.

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.

53.

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.

54.

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.

55.

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).

56.

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.

57.

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.

58.

With regard to a rumor that all of King David's sons had been slain.

59.

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).

60.

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.

61.

In his translation of the Torah into Aramaic.

62.

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).

63.

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.

64.

For they are in a state of well-being and composure.

65.

For he has not reached a state of composure (Mo’ed Kattan 21b).

66.

For laughing in a state of mourning will be unseemly in the eyes of the public (Mo’ed Kattan 26b).

67.

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.

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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