Laws of Hesped/Eulogies

Eulogy/Hesped:[1]

The law:

It is a great Mitzvah to properly eulogize the deceased.[2] Whoever cries upon the death of a Kosher Jew, Hashem counts the tears and places them in his supernal treasure chest. Whoever is lax in eulogizing a Kosher Jew does not merit long day, and is fit to be buried in his lifetime.[3]

Hiring a Maspid:[4]  In communities that it is customary to hire a eulogizer, the relatives are obligated do so.[5]

Two eulogies in single city:[6] One is not to arrange two eulogies simultaneously in a single city, unless there are enough participants for each eulogy.

Where?[7] Torah scholars and their wives may be eulogized in the Beis Midrash. [However their bodies are not to be placed in the Beis Hamidrash, unless they are leaders of the generation[8], or the Mara Deasra.[9]] However, other people are not to be eulogized in the Beis Hamidrash [even if their bodies are not present[10]]. [The custom is to give the eulogy by the head of the deceased.[11]]

When:[12] Eulogies may be given up until 12 months from the passing. It is not customary, or considered etiquette, to eulogize after 12 months. If the death was only discovered after 12 months, one is exempt from eulogizing. The twelve months do not include the 2nd month of Adar in a leap year. [Eulogies are customarily given during the funeral, prior to the burial. It is however permitted to do so even prior to the Taharah.[13] It is also customary to eulogize after the burial, during Shiva, Shloshim and the like. It is permitted to give a eulogy at night.[14] Regarding say’s that a Hesped may not be recited-see Halacha D!]

 

The deceased hears the eulogy of the living:[15]
The Talmud Yerushalmi states that the deceased is present and listens to the eulogy, as if it were a dream. He is aware of all that is said before him until he is buried in the ground.

 

The eulogy saves the deceased from Gihennom:[16]
The eulogy helps save the deceased from Gihennom.

 

 

Chabad custom-Custom not to eulogize:
The Chabad custom is not to give any eulogies[17] and so is the custom of other communities.[18] One is to prevent eulogies from taking place for a deceased who belonged to a community who follows the above custom.[19] Eulogies are not to be given for such a person even by people who are not accustomed to avoid eulogies, and even if the deceased was a Gadol Beyisrael.[20] [What people call “parting words” is in truth a Hesped, and is not to be given.[21]] After three days from the start of Shiva, one can eulogize the Niftar by saying stories and sayings regarding him.[22]

 

Who to eulogize:

Torah Scholar: A Torah scholar who passed away is to be eulogized throughout the Shiva within his Beis Midrash. However, the other Batei Midrash are to continue their learning.[23] He is to be entered into his Beis Midrash, in the area where he was accustomed to teach, and is to be eulogized there.[24] He is to be eulogized throughout the funeral procession until he reaches the cemetery.[25]

Women: One is to eulogize a woman properly just as one eulogizes a man.[26] Women are to be eulogized by men and Sages.[27] A Kallah [i.e. wife] is to be praised in accordance to the actions of her husband, as well as the actions of her father.[28]

Children:[29] Children who have passed away r”l are to be eulogized if they are above age 5-6.[30] [Practically, the custom today is not to eulogize a child.[31]] Nevertheless, Tziduk Hadin and Kaddish are recited on any child who passed way after thirty days old.[32] However, the [widespread] custom is not to recite Tziduk Hadin and Kaddish until the child is 12 months old.[33] However, in some communities, the custom is like the former opinion, to say Tziduk Hadin and Kaddish if the child is thirty days old.[34]

Gentile/slave/Stillborn/neonatal death:[35] A gentile, slave, stillborn, neonatal death is not given a eulogy or funeral procession. [However, one is to assist in the burial and their burial needs.[36] One may likewise give a eulogy for a gentile for the sake of Darkei Shalom.[37]]

One who asked not to be eulogized:[38] If the deceased had asked not to be eulogized then he is to be listened to.[39] [If however, the deceased was one of the leaders of the generation, then one who defies his wishes and eulogizes him is not to be frowned upon.[40] In all cases, it is permitted to print a Hasped of the deceased.[41]]

How to eulogize:[42]

Making the crowd weep:[43] The Mitzvah of eulogizing is for one to raise his voice to say matters regarding the deceased that will break the heart, in order to instigate weeping from those present.

Praising the deceased: In addition to the above, the Mitzvah of eulogizing includes saying praise of the deceased. One is to mention the good character traits that he contained and slightly exaggerate his good qualities, although not too much.[44] If the deceased was a Sage and Chassid then their righteousness and piety is to be mentioned. If the deceased did not contain any good character traits at all then no eulogy is to be given. It is forbidden to over-exaggerate in praise of the deceased or mention praise of matters that the deceased had no virtue in. One who does so causes evil to befall both himself and the deceased.

The topics of praise:[45] One is to praise the deceased regarding his learning of Torah, his piety and even more so regarding his good character.

Not to show off orating skills:[46] Speaking in the presence of the deceased is only permitted out of respect for him, however speech that is not said out of respect for the deceased is certainly forbidden. Therefore, those eulogizers who intend to impress the crowd with their oratory skills are certainly not doing the proper thing. Many Gedolim were particular on this matter.

Days in which eulogies are not given:[47]

A eulogy is not to be recited on any day that Tachanun is omitted.[48] One may not even recite words of praise for the Niftar, as doing so can lead to eulogizing him.[49] [However one may say words of Torah to arouse the public.[50] [This prohibition applies even towards the children, and other relatives of the deceased.[51] However, some Poskim[52] lean to permit the relatives who are an Onen to recite a Hesped on these days.[53] Practically, this is not the accepted ruling.[54]]

A Torah scholar: If the deceased is a Torah Sage, and his body is present, which means that it is still prior to burial[55], then it may be said even on any day that Tachanun is omitted [even if the body is not present at the area where the eulogy is taking place[56]].[57] This applies even if the Torah scholar is not of the greatest caliber.[58] [Some Poskim[59] rule that the wife of a Torah scholar has the same status as a Torah scholar in this regard.] The day of a Shemua Kerova/Rechoka has the same status as prior to burial regarding a Torah scholar, and hence a eulogy may be said on that day.[60]

The following is a list of days and their law:

  • Shabbos:[61] It is forbidden to give a Hesped on Shabbos [even for a Torah scholar[62]]. It is likewise forbidden to give a eulogy on Erev Shabbos, after midday [unless the deceased was a Torah scholar[63]].[64]
  • Yom Tov: It is forbidden to give a Hesped on Yom Tov even for a Torah scholar.[65] [This applies even on the 2nd day of Yom Tov in the Diaspora.[66]] It is likewise forbidden to give a eulogy on Erev Yom Tov, after midday [unless the deceased was a Torah scholar[67]].[68]
  • Erev Yom Kippur:[69] A eulogy is not given on Erev Yom Kippur [even before midday] unless the deceased was a Torah scholar.
  • Chol Hamoed:[70] It is forbidden to give a eulogy on Chol Hamoed and hence one does not eulogize the Niftar. This is with exception to giving a eulogy for a Torah scholar, who is present, prior to burial.[71] [Some Poskim[72] however rule it is forbidden to eulogize even a Torah scholar.]
  • Rosh Chodesh:[73] One does not say a Hesped on Rosh Chodesh[74], unless the person is a Torah Sage, and his body is present at the time of the Hesped.[75] Some opinions[76] rule that a Hesped should not be said even on the night of Rosh Chodesh. [Some Poskim[77] rule it is forbidden to eulogize on Erev Rosh Chodesh, starting from midday. Other Poskim[78] however rule it is permitted to eulogize and say Tziduk Hadin on Erev Rosh Chodesh even past midday.]
  • Chanukah:[79] One may not recite a eulogy during Chanukah unless the person is a Torah Sage, and his body is present [i.e. prior to burial] at the time of the Hesped. [Some Poskim[80] rule it is forbidden to eulogize on Erev Chanukah, starting from midday. Other Poskim[81] however rule it is permitted to eulogize and say Tziduk Hadin on Erev Chanuka even past midday.]
  • Purim:[82] It is forbidden to fast or deliver eulogies on the 14th or 15th of Adar [unless the person is a Torah Sage, and his body is present at the time of the Hesped]. This applies in all places and to all Jews whether they are inhabitants of a city that is celebrating Purim on the 14th or a city that is celebrating Purim on the 15th.
  • Days before and after Purim:[83] It is permitted to give a eulogy on the days before and after Purim. [Some Poskim[84] rule it is forbidden to eulogize on Erev Purim, starting from midday.]
  • Purim Katan:[85] It is forbidden to give a eulogy on the 14th and the 15th of Adar Rishon [unless the person is a Torah Sage, and his body is present at the time of the Hesped]. [Some Poskim[86] rule it is forbidden to eulogize on Erev Purim Katan, starting from midday.]
  • Nissan:[87] Eulogies are not given throughout the month of Nissan, unless the deceased is a Torah Sage, it is still prior to burial. This applies even if the Torah scholar is not of the greatest caliber.
  • 15th of Shevat:[88] Eulogies are not given on the 15th of Shevat [unless the person is a Torah Sage, and and it is prior to the burial]. [Some Poskim[89] rule it is forbidden to eulogize on Erev 15th of Shevat, starting from midday.]
  • Lag Baomer:[90] Eulogies are not given on Lag Baomer [unless the person is a Torah Sage, and it is prior to the burial]. [Some Poskim[91] rule it is forbidden to eulogize on Erev Lag Baomer, starting from midday.]
  • Pesach Sheiyni:[92] Eulogies are not given on Pesach Sheiyni [unless the person is a Torah Sage, and it is prior to the burial] [Some Poskim[93] rule it is forbidden to eulogize on Erev Pesach Sheiyni, starting from midday.]
  • Tishe Beav:[94] It is permitted to give a eulogy to a Torah scholar on Tishe Beav. [It is questionable whetehr a eulogy may be given to other people on Tishe Beav.[95]]
  • 15th of Av:[96] Eulogies are not given on the 15th of Av [unless the person is a Torah Sage, and it is prior to the burial]. [Some Poskim[97] rule it is forbidden to eulogize on Erev 15th of Av, starting from midday.]
  • Issru Chag:[98] Eulogies are not given on Issru Chag [unless the person is a Torah Sage, and it is prior to the burial].
  • From Rosh Chodesh Sivan until the 12th of Sivan:[99] Eulogies are not given from Rosh Chodesh Sivan until the 12th of Sivan [unless the person is a Torah Sage, and it is prior to the burial].
  • From Yom Kippur until the 2nd day of Mar-Cheshvan:[100] Eulogies are not given from Yom Kippur until the 2nd of Mar Cheshvan, [unless the person is a Torah Sage, and it is prior to the burial]. [However, some[101] write eulogies may be given starting from after Sukkos.]

 

Laws applicable during a eulogy:

Conversation: It is only permitted to speak in the presence of the deceased of matters relating to the funeral/burial or his eulogy.[102] It is however forbidden to talk of mundane matters within four cubits of the deceased [if he is outside, or within the same room if he is inside[103]].[104] Therefore, those eulogizers who intend to impress the crowd with their oratory skills are certainly not doing the proper thing. Many Gedolim were particular on this matter.[105]

Learning Torah: It is forbidden to speak Torah in the presence of the deceased.[106]  This prohibition applies even if one is a four cubits distance from the deceased.[107] It is however permitted to speak words of Torah in relation to the deceased and in respect of the deceased even within his four cubits.[108] Practically, the custom of eulogizers is to recount Agadic statements and verses even within four Amos of the deceased as an introduction to the praises to be retold in the eulogy.[109]  [One may also learn Mishnayos in his honor and so is the custom.[110]]

Prayer:[111] It is forbidden for participants of a eulogy to Daven or say Shema in the presence of the deceased. Rather, each participant is to take turns slipping out of the audience in order to say Shema or Daven. If the deceased is not present at the eulogy, it is permitted for the participants to recite Shema or Daven, even if they are in the presence of the Onen. The Onen is to remain silent, and when they stand for Shemoneh Esrei he is to recite a prayer of justification “Yehi Ratzon Milifanecha Hashem Elokaiy Shetigdor Pirtzoseinu Upirtzos Amecha Beis Yisrael.”

Mechitza:[112] It is important that there be separate seating arranged for men and women during the time the eulogy is given.

After the burial:[113] After the burial, the eulogies are to be stopped for the sake of reciting Shema and prayer.

Prayers said after the eulogy:[114] At the conclusion of the eulogy, some recite the prayer of Keil Malei Rachamim. However Kaddish is not recited.

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[1] See Michaber 344; Nitei Gavriel

[2] Michaber 344/1; Shabbos 105b

[3] Shach 344/1; Gemara; Rambam; Gilyon Maharsha 344; See Nitei Gavriel 51/24 footnote 35

[4] Michaber 344/3 regarding a husband hiring a eulogizer for his wife, and a father for his daughter and forcing his son in-law to reimburse costs; 344/9 regarding forcing the heirs to pay for the eulogy; Mishneh Kesubos 46b; Sanhedrin 46b; Shach 344/7 explains we only force the heirs to pay if they inherited money/valuables from the deceased, otherwise we don’t even force the children to pay, as rules Michaber 348/2. In 344/3 Michaber depends this ruling on the custom while in 344/9 no custom is mentioned. Seemingly, back then it was accustomed to always pay a eulogizer by a funeral.

The reason: As a Hesped is done out of respect for the dead, [and hence it is befitting that his inheritance money be used for his eulogy]. [Shach 344/8]

[5] The reason: As a Hesped is done out of respect for the deceased. [Taz 344/4; Shach 344/7]

[6] Michaber 344/14; See also Michaber 344/15

[7] Michaber 344/19; Tur in name of Rav Haiy Gaon;

[8] Michaber 344/20 that a “Chacham, Aluf, Vegaon” is entered into the Beis Hamidrash; See Poskim [Chachmas Adam 155/18; Maharam Shick Y.D. 345; Divrei Malkiel 2/93] in Nitei Gavriel 51/17 footnote 24 that the body of a regular Torah scholar may not be entered into the Beis Midrash unless he is a Chacham, Aluf and Gaon; See Nitei Gavriel 51/17 footnote 26 regarding wives of Torah Scholars.

[9] Poskim in Nitei Gavriel 51/17 footnote 25 that a Mara Deasra may be entered into his Beis Midrash

[10] Nitei Gavriel 51/18 footnote 27 in name of Divrei Malkiel 2/93 and other Poskim

[11] Nitei Gavriel 51/19

[12] Taz 344/5 in name of Ramban in Toras Hadam; Chachmas Adam 155/17

[13] Nitei Gavriel 52/1 in name of Rav Moshe Feinstein

[14] See Nitei Gavriel 52/2 footnote 3 that so is custom; However see Poskim there [Halif Lecha Shlomo 192; Beis David 110] that the world is accustomed to say that at night one does not give eulogies.

[15] Taz 344/1

[16] Gilyon Maharsha 344

[17] Toras Menachem 1/3 “Chassidim do not say Hespedim”; Hosafos of Sichos Kodesh 5737 2/676 “You are to remain steadfast that a eulogy does not take place being that the deceased was a Lubavitcher” [This was a letter to Rav Shalom Rivkin, after his father Rav Moshe Dovber Rivkin, Rosh yeshiva of Torah Vadaas, passed away; See Hapardes Kisleiv 5737 that in the end, due to this request, there were no Hespeidim, despite the attendnece of all Gedolei Yisrael] Gesher Hachaim 1/13-4 [p. 84]; Letter of Chassid printed in Hagaon Milublin p. 19; The Rebbe Rayatz and Rebbe were not eulogized; The Toras Chesed was not eulogized [Hagaon Melublin p. 97] Rav Shmaryahu Noach of Babrosik was not eulogized as is the Minhag Chassidim. [Sefer Zichron of Rav Binyamon Goredetzky]; See Sefer Chikrei Minhagim 4/118; Nitei Gavriel 51 footnote 21

[18] See Aruch Hashulchan 344/7 and 14 that the giving of eulogies has become very scarce, and is no longer done in any communities with exception to Lita and Zamut; Custom of Rupshitz, Ruzhin, Chernobyl, Viznitz, Gur [brought in Nitei Gavriel ibid]

The reason: a) As if one over exaggerates the praise of the Niftar, it is actually detrimental for his soul, as brought in Michaber 344/1. [Gesher Hachaim ibid; Kuntrus Hayachlieli 15/35] b) As people don’t know how to properly eulogize. [Aruch Hashulchan ibid] c) Due to Ayin Hara that may befall the person if his good deeds are revealed. [Kuntrus Hayachlieli 15/35] d) Not being eulogized properly is a merit for the deceased. [Kuntrus Hayachlieli 15/35] e) It may cause a Kitrug on the Jewish people, as someone may foolishly say that he died in exchange for an evil decree upon Klal Yisrael. [Kuntrus Hayachlieli 15/35] f) It is a Mitzvah to bury the deceased right away, as the soul cannot continue with its journey, either in Gan Eden or as a Gilgul, until the body is buried. Therefore, eulogies are not given in order not to delay the burial. [Chikrei Minhagim 4/118]

[19] See Hosafos of Sichos Kodesh 5737 2/676 that “You are to remain steadfast that a eulogy does not take place being that the deceased was a Lubavitcher”

[20] See Sichos Kodesh ibid and all sources ibid

[21] Pashut; See Sefer Chikrei Minhagim 4/118

[22] Toras Menachem 1/3 that so did the Rebbe after the passing of the Rebbe Rayatz.

[23] Michaber 344/18; Moed Katan 22b

[24] Michaber 344/20; See Poskim in Nitei Gavriel 51/17 footnote 24-26 regarding the definition of a Torah scholar in this regard and whether his deceased wife may be entered into the Bies Midrash

[25] Michaber 344/20; Megillah 28b

[26] Michaber 344/2; Tur 344; Rambam Avel 5; Megilla 28b

[27] Rama 344/2; Tur 344

[28] Michaber 344/7; Miseches Semachos

The reason: As a wife is elevated with her husband and does not descend. [Shach 344/5]

[29] Michaber 344/4; Moed Katan 24b; Brasia in Miseches Semachos

[30] Poor children are eulogized from age five; Children of wealthy families are eulogized from age six, unless their parents are old, in which case they are eulogized from age five, as are the children of paupers. [Michaber ibid] This is because the children of the pour are more greatly saddened as they have no other joy. However the wealthy have their money to enjoy. [Shach 344/2; Taz 344/2] The children of the wise and wealthy are to be eulogized with increase praise for their actions. [Michaber 344/5; Miseches Semachos; Rosh] This is done out of respect for their parents. [Shach 344/4] In general, a child is eulogized with praise of his own achievements, if relevant. If he has no achievements then he is eulogized with praise of his parents, and if they have no praise, then he is praised with the actions of his relatives. [Michaber 344/6; Miseches Semachos]

[31] Beis Hilel 344

[32] Michaber ibid

[33] Rama ibid

[34] Shach 344/3 that so is custom in Lublin, and “apparently so is the custom in other communities and so is the proper custom”

[35] Michaber 344/8

[36] Shach 344/6; Tur 344

[37] Poskim in Nitei Gavriel 51 footnote 19

[38] Michaber 344/10; Sanhedrin 46b

[39] The reason: As a Hesped is done out of respect for the dead, and hence the deceased has the right to forfeit it. [Shach 344/8]

[40] Beis Yaakov 83, brought in Pischeiy Teshuvah 344/1, Gilyon Maharsha 344; Maaseh with Nodah Beyehuda by the funeral of the Pnei Yehoshua who asked not to be eulogized, brought in Teshuvah Meahava 1/174; See Nitei Gavriel 51/8 footnotes 12-13

Other opinions: Some Poskim question the allowance of reciting a eulogy against the wishes of the deceased even if the deceased was a great Torah leader. [Teshuvah Meahava 1/174, brought in Pischeiy Teshuvah 344/1]

[41] Minchas Elazar 2/63; Nitei Gavriel 51/9

[42] Michaber 344/1

[43] Michaber 344/1; Brachos 6b “The reward of a Hesped is weeping” as explained in Rashi ibid

[44] The reason: It is permitted to slightly exaggerate the deeds of the deceased, as one can assume that if the opportunity arrived, he would have exerted himself slightly more in the Mitzvah than he is already known to have done, such as if he gave a donation of $1000, one can assume that if necessary he would have given $1100. This assumption makes it be considered as if he already did it, and it is thus not considered a lie. [Taz 344/1]

[45] Shach 344/11 in name of Bach

[46] Taz 344/5

[47] See Nitei Gavriel chapter 52

[48] Rama O.C. 420/1 and Y.D. 401/6 regarding Tziduk Hadin and the same applies even more so to a Hesped [See Taz 420/1 that a Hesped is more severe than Tziduk Hadin as Tziduk Hadin is “not a eulogy but recognition and acceptance of the Divine decree” and hence some opinions allow Tziduk Hadin; See also M”A 548/8 that one may not even say praise of the dead because this can lead to a eulogy.]; Admur 429/8 regarding the month of Nissan; Chochmas Adam 169/25 [unlike Chayeh Adam 118/7]; Kaf Hachaim 420/1; Nitei Gavriel Aveilus 52/3

[49] M”A 547/8

Seemingly, the definition of a eulogy to is to bemoan the loss of the person, to state his greatness and praises and bemoan this loss, such as to say “Woe onto us that we have lost such a great man of stature who would do Mitzvos with such care”

Other Poskim: Some Poskim rule that one may recite words of praise as we do not prohibit matters that may lead to Hesped if they involve Kevod Hameis. [Derushei Tzelach 31, brought in Nitei Gavriel 52 footnote 18]

[50] Poskim in Nitei Gavriel 52/4 and 6 footnote 12 and 18

[51] Chol Hamoed Kehilchasa 12/17 footnote 30 that so is implied from all Setimas Haposkim; See M”B 547/2 regarding thirty days before the festival “It makes no difference if this person is a non-relative, or a mourner”; Rav Yaakov Roza [Rav of Chevra Kadisha in Eretz Yisrael] related to me that we do not follow the opinion of the Igros Moshe and there is no way he can allow a Hesped during the Moed even of the children.

[52] Igros Moshe O.C. 1/165 writes “My opinion leans to permit, although Tzaruch Iyun Ledina”

[53] The reason: As the Onen is obligated in crying for the first three days, and even women are Meonos during the Moed [Michaber 547/2] although he concludes with a Tzaruch Iyun. [ibid]

[54] Rav Yaakov Ruza ibid

[55] So is implied from all Poskim in next footnote that the body must be actually present. However, see Admur 429/8 [based on Rambam Yom Tov 6/22 and Avel 11/5] that the definition of “present” is “prior to the burial”, and implies that even if the body is not present, a eulogy may be given prior to the burial. So is also implied from Michaber Y.D. 401/5 who equates even a Shemua Rechoka to Befanav!

[56] See Admur ibid in previous footnote

[57] Michaber Y.D. 401/5; O.C. 670/3; Admur ibid “in the presence of the body, prior to the burial”; Taz and M”A ibid; Chochmas Adam 165/25 [unlike Chayeh Adam 118/7]; Aruch Hashulchan O.C. 420/1; and Y.D. 401/4; Kaf Hachaim 420/1; Nitei Gvariel 52/3

[58] Admur 429/8; Teshuvah Meahava 1/27; See Birkeiy Yosef C.M. 15/13; Maharit C.M. 47; Hagahos Nezios Shimshon 420; Nitei Gavriel 52 footnote 10 and footnote 16

Other opinions: Some Poskim rule that today we no longer have a Talmid Chacham in this regard. [M”A 547/8 “It seems that today we no longer have a Talmid Chacham who knows Halacha in every area”; Chayeh Adam 118/7; Yosef Daas 401; See however See however Nitei Gavriel 52 footnote 10 in name of Poskim that we do have a Talmid Chacham today, in this regard.

[59] See Poskim in Nitei Gavriel 52/10 footnote 23

[60] Michaber 401/5; Tur in name of Maharitz Geios; Talmidei Rashi

[61] Rama 401/6 regarding Tziduk Hadin; Nitei Gavriel 52/5      

[62] Nitei Gavriel 52/5

[63] P”M 547 M”Z 4; Biur Halacha 547/1 “Shemutar

[64] Rama ibid regarding Tziduk Hadin; See P”M 547 M”Z 4; Nitei Gavriel 52/14 footnote 28

[65] M”A 527/8

[66] Igros Moshe O.C. 3/74

[67] P”M 547 M”Z 4; Biur Halacha 547/1 “Shemutar

[68] Shach 401/3 based on Rama ibid; See P”M 547 M”Z 4; Nitei Gavriel 52/14 footnote 28

[69] Admur 604/4

[70] Michaber O.C. 547/1; Y.D. 401/1

Is this prohibition Biblical or Rabbinical? This matter is disputed in Poskim. Some rule it is Biblically forbidden while others rule it is Rabbinically forbidden. [Daas Torah 547]

[71] Michaber Y.D. ibid; P”M 547 M”Z 4; Admur 429/8 regarding Nissan; Teshuvah Meahava 1/27; See Birkeiy Yosef C.M. 15/13; Maharit C.M. 47; Hagahos Nezios Shimshon 420; Poskim in Nitei Gavriel 52 footnote 10 and footnote 16-17

[72] M”A 547/8; Chayeh Adam 118/7; Yosef Daas 401; Biur Halacha 547/1 “Shemutar” “We do not eulogize on Chol Hamoed even for a Talmid Chacham, as explained the Poskim”; Nitei Gavriel 52/6

[73] Michaber 420/1 and Y.D. 401/5; Taz 420/1; M”A 420/1

Other opinions: See Gilyon Maharsha 344 in name of Dvar Shmuel 9 that a Hesped may be given on Rosh Chodesh Av. See Nitei Gavriel ibid footnote 4

[74] Michaber 420/1 and Y.D. 401/5; Poskim ibid;

[75] Michaber Y.D. 401/5; See Admur ibid; Taz and M”A ibid; Chochmas Adam 169/25 [unlike Chayeh Adam 118/7]

[76] Kol Bo brought in Rama 401/6 regarding Tziduk Hadin, and the same would apply to a Hesped

[77] Rama 420/2 regarding Erev Shabbos after midday, and the same would apply to Erev Rosh Chodesh being Tachanun is omitted starting from midday; Elya Raba 429 [brought in Rav Akiva Eiger 401] and P”M 420 A”A 1 that so is custom of Prague and other cities; Maareh Kohen Y.D. 401/2; Chayeh Adam 154/4 regarding Chanukah; Olas Shabbos O.C. 429 prohibits after the [time of Mincha Gedola arrives. [brought in Rav Akiva Eiger 401]

[78] Shach Y.D. 401/2; Chok Yaakov O.C. 429 and Elya Raba 429, brought in Rav Akiva Eiger 401; Beir Heiytiv 401/1; Birkeiy Yosef 670/6; Kitzur SHU”A 139/2 regarding Chanukah; Nitei Gavriel Aveilus 52/15

[79] Michaber 670/3; Rava Moed Katan 27

[80] Rama 420/2 regarding Erev Shabbos after midday, and the same would apply to Erev Rosh Chodesh being Tachanun is omitted starting from midday; Elya Raba 429 [brought in Rav Akiva Eiger 401] and P”M 420 A”A 1 that so is custom of Prague and other cities; Maareh Kohen Y.D. 401/2; Chayeh Adam 154/4 regarding Chanukah; Olas Shabbos O.C. 429 prohibits after the [time of Mincha Gedola arrives. [brought in Rav Akiva Eiger 401]

[81] Shach Y.D. 401/2; Chok Yaakov O.C. 429 and Elya Raba 429, brought in Rav Akiva Eiger 401; Beir Heiytiv 401/1; Birkeiy Yosef 670/6; Kitzur SHU”A 139/2 regarding Chanukah; Nitei Gavriel Aveilus 52/15

[82] Michaber 696/3

[83] Kaf Hachaim 686/2

[84] Maareh Kohen Y.D. 401/2; See dispute regarding Erev Rosh Chodesh; See Piskeiy Teshuvos 686/1; 696/4; Biur Halacha 547/3 “Shemutar”; Nitei Gavriel 52/15

[85] Rama 697/1 that so is custom; Stam opinion in Michaber 697/1; Second opinion in Tur 697

Other Opinions: Some Poskim rule that even fasting and eulogies are permitted on Purim Katan. [2nd opinion in Michaber ibid; 1st opinion in Tur ibid] However, the custom is like the opinion mentioned above that it is forbidden to say a eulogy or fast. [Rama ibid]

[86] Maareh Kohen Y.D. 401/2; See dispute regarding Erev Rosh Chodesh; See Piskeiy Teshuvos 686/1; 696/4; Biur Halacha 547/3 “Shemutar”; Nitei Gavriel 52/15

[87] Admur 429/8; Michaber 429/2; Rokeaich 245 based on Miseches Sofrim 21/1-3

[88] So rule regarding omitting Tachanun: Michaber 131/6; Siddur Admur; Hashlama Divrei Nechemia 131/8

[89] Maareh Kohen Y.D. 401/2; See dispute regarding Erev Rosh Chodesh; See Piskeiy Teshuvos 686/1; 696/4; Biur Halacha 547/3 “Shemutar”; Nitei Gavriel 52/15

[90] So rule regarding omitting Tachanun: Admur 493/5; Rama 493/2

[91] Maareh Kohen Y.D. 401/2; See dispute regarding Erev Rosh Chodesh; See Piskeiy Teshuvos 686/1; 696/4; Biur Halacha 547/3 “Shemutar”; Nitei Gavriel 52/15

[92] So rule regarding omitting Tachanun: Siddur Admur; Siddur Shlah; Elya Raba 131/14; Shalmei Tzibur p. 151; Siddur Yaavetz; Shaareiy Efraim 10/27; Ashel Avraham Butchach 131; Divreiy Nehemiah 131; Not listed in Shulchan Aruch chapter 131. See Aruch Hashulchan 131/12 and Yalkut Avraham 493 which wonders at this matter.

Other Opinions: Some Poskim rule that Tachanun is to be recited on Pesach Sheiyni. [P”M 131 M”Z 14; Noam Megadim 26; custom of Chazon Ish; This was the widespread Ashkenazi custom] It is interesting to note that one of the main claims of the Misnagdim against the Chassidim in the Cherem of 1772 was that they did not say Tachanun on Pesach Sheiyni, and held feasts on the day even when it fell on Behab. [Nitei Gavriel Pesach 3 57/3]

[93] Maareh Kohen Y.D. 401/2; See dispute regarding Erev Rosh Chodesh; See Piskeiy Teshuvos 686/1; 696/4; Biur Halacha 547/3 “Shemutar”; Nitei Gavriel 52/15

[94] Taz 559/6; Elya Raba 559/10; Beir Heiytiv 559/6; Chayeh Adam 135/21; Derech Hachaim; Aruch Hashulchan 559/1; M”B 559/17; Kaf Hachaim 559/34

[95] The Poskim all mention a Chacham, although their reasoning should apply to any person. See Nitei Gavriel 52/16 footnote 36

[96] So rule regarding omitting Tachanun: Siddur Admur

[97] Maareh Kohen Y.D. 401/2; See dispute regarding Erev Rosh Chodesh; See Piskeiy Teshuvos 686/1; 696/4; Biur Halacha 547/3 “Shemutar”

[98] See regarding the prohibition of Fasting and consequential omitting of Tachanun: Admur 429/17-18 and 494/19; M”A 429/8

[99] So rule regarding omitting Tachanun: Siddur Admur; M”A 131/18; Kneses Hagedola 494/6; Peri Chadash; Elya Raba 494/11; Shulchan Gavoa 494/8; Moed Lekol Chaiy 8/44; Yifei Laleiv 2/6; Hatahor 131; P”M 131 A”A 18; Shaareiy Teshuvah 131/7; M”B 494/36 in name of M”A and P”M; Kaf Hachaim 494/52

The reason: The reason for this is because after Shavuos there is 7 days of Tashlumin for which the Holiday Karban is able to be sacrificed, and therefore we do not say Tachanun until the days of Miluim of the Karban have passed.

Ruling of Admur in Shulchan Aruch and other opinions: In the Shulchan Aruch 494/20 Admur rules that Tachanun resumes on the 9th of Sivan [in the Diaspora]. So also rules: Rama 131/7; 494/3; Levush 494. Other Poskim rule that one is to omit Tachanun until the 13th or 14th of Sivan. [See Kneses Hgaedola ibid; P”M ibid; Kaf Hachaim ibid; Shaareiy Teshuvah ibid]

Custom in Eretz Yisrael: According to the Shulchan Aruch, being that in Eretz Yisrael there is only one day of Yom Tov, therefore Tachanun should resume in Eretz Yisrael on the 8th day of Sivan. However according to the Siddur we omit Tachanun until the 13th. Practically, the custom in Eretz Yisrael is to omit Tachanun until the 12th of Sivan. [Piskeiy Teshuvos 494/9; Nitei Gavriel p. 221]

[100] So rule regarding omitting Tachanun: Siddur Admur; Magen Avraham 669/1; brought in Shaareiy Teshuvah 131/15; based on Seder Hayom [in end of section regarding Sukkos], and Kneses Hagedola

The ruling in Shulchan Aruch: In 624/13 Admur rules that Tachanun is not recited between Yom Kippur and Sukkos being that it is days of rejoicing. No mention is made regarding after Sukkos.

Other Opinions: The Shaareiy Teshuvah [ibid] writes that it is not the custom in his provinces to omit Tachanun after Sukkos.

The reason: The Seder Hayom [from the year 1600] brings that Tachanun is omitted until the end of Tishreiy because it is a month filled with Holidays and joyous events. It contains four different holidays and we were given a time of forgiveness in this month. He therefore writes it is improper to show any sadness after having experienced all these lofty matters of the month, and rather one is to rejoice in it.

[101] Nitei Gavriel 52/19 footnote 39

[102] Michaber 344/16; Brachos 3b; Taz 344/5 “Speaking in the presence of the deceased is only permitted out of respect for him, however speech that is not said out of respect for the deceased is certainly forbidden.”

[103] Shach 344/11 in name of Mordechai end of Moed Katan; Beir Hagoleh in name of Mordechai; Beir Heiytiv 344/8; Elya Raba 1/4; M”B 45/2 in name of Ateres Zekeinim; This opinion is omitted from Admur ibid; See Shvus Yaakov 3/8 in name of Rashba, brought in Shaareiy Teshuvah 1/2 that the custom is not to be careful against walking four Amos being people consider the entire house as four Amos.

Other opinions: Some Poskim rule that even in a single room one may speak of mundane matters outside of the four cubits of the corpse. [M”B ibid in name of Magen Giborim]

[104] Shach 344/11 in name of Bach; See Taz 344/5; Chachmas Adam 155/15; Aruch Hashulchan 344/13

Other opinions: It is implied from Michaber ibid that it is permitted to speak mundane matters in his presence, even within four cubits. [Shach ibid]

[105] Taz 344/5

[106] Michaber 344/16

The reason: This is forbidden due to Loeg Larash. [Shach 344/12]

[107] Shach 344/11 in implication of Michaber ibid; Bach 344; Taz 344/5; Tur in name of Rav Haiy Gaon

[108] Michaber 344/17; Nimukei Yosef; Shach ibid in name of Bach and that so is custom

[109] Shach ibid in name of Bach

[110] Mishmeres Shalom Lamed 42 in name of Poskim; Nitei Gavriel 10/8 footnote 15

[111] Michaber 344/12; Brachos 19a

[112] Sukkah 52a; Divrei Malkiel 4/72

[113] Michaber 344/13; Tur in name of Ramban and Serfer Hateruma

[114] See Nitei Gavriel 51/15-16

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