6. Working or conducting business:[1]

A. The prohibition:

It is forbidden for an Avel to perform Melacha during Shiva.[2] This applies even if the Melacha is needed for the sake of the Shiva.[3] An Avel who performs Melacha [during Shiva] is to be excommunicated.[4] It is even forbidden to comfort such a person.[5]

B. Business/job/work:[6]

Just as an Avel is forbidden to do Melacha, so too it is forbidden for an Avel to do business sales, or travel with merchandise from country to country, during Shiva.[7] Therefore, a store owner must close his store for the entire Shiva. The following business activities are also forbidden during Shiva: 1) An Avel is not allowed to go work during Shiva.[8] 2) An Avel may not rent out an item during Shiva.[9] 3) An Avel during Shiva may not do work on an item he was hired to make or fix even if he was hired before Shiva. This applies whether he is paid for the job or per hour.[10] However, in a case of loss, he may hire other people to perform the job on his behalf, as will be explained.[11] It is permitted for an Avel to accept jobs and contracts during Shiva, so long as he will not begin the work until after Shiva.[12]

Business partner:[13] If a business is owned by partners and one of the partners is sitting Shiva it is forbidden for the other partner to operate the business during the Shiva. [Some Poskim[14] rule this applies even in a case of loss.] He may however continue the business privately in his home, so long as it is not public knowledge that the partner sitting Shiva also has a part in the business done in his home. [Some[15] however are accustomed to allowing the Avel to remove himself from his partnership during Shiva in front of the Beis Din, and have the other partner to run the business during the Shiva, as it is publicized that the Avel partner has no share in the proceeds. In such a case the partner is to hang a sign on the store stating that it no longer belongs to the Avel.[16] Other Poskim[17] rule the partner may open the business as usual after three days into the Shiva. Some[18] write the custom is to be lenient like this opinion.]

One who is poor:[19] During the first three days of Shiva it is forbidden to perform Melacha even if one is poor and is supported by charity.[20] After the first three days of Shiva, one who is poor to the extent that he does not have food to eat, may perform Melacha privately within his home. Nonetheless, the Sages state that a curse will befall the neighbors of such a person over the fact they did not support him during this time.

During Shloshim: Some Poskim[21] rule that throughout the Shloshim, an Avel for a parent is to diminish in the work he does, even in a case of loss. However, an Avel for another relative may perform all work he desires, and it is left to his discretion whether to diminish in work or not.

Traveling for business:[22] Throughout the Shloshim, it is forbidden for an Avel to travel afar with merchandise for purposes of business. [23] This applies to all Aveilim.

During the year of Aveilus:[24] Even after the Shloshim, it is forbidden for an Avel over his father or mother to travel afar with merchandise for purposes of business until his friends scold him and tell him to join them.[25] However an Avel for other relatives may travel without limitation once the Shloshim has passed.

 

C. Doing Melacha through other people/Hired workers/Employees:[26]

It is forbidden for an Avel to have Melacha done on his behalf during Shiva, through someone else. This prohibition applies even against having one’s wife, children, and servants perform work for him.[27] Even a gentile may not do Melacha on his behalf.[28] This applies even if the Melacha is needed for the sake of the Shiva.[29] Thus, if an Avel has a hired worker who works in his field, the worker is to be suspended throughout the days of Shiva.[30] Likewise, an Avel may not give an item to a professional to fix during Shiva, and certainly may not order an item to be made during Shiva. If, however, before Shiva he already hired the worker to do the work, then if the worker is being paid for the job [Kablanus], he may do it during Shiva outside the home of the Avel.[31] Thus, a worker of the Avel may not continue to do Melacha in the house of the Avel even if he is paid for the job, and was hired before Shiva. This would include a Melamed, or Sofer, or other worker.[32] An Avel who hired workers to build a property for him [even before Shiva[33]], the workers may not continue their work for him during Shiva even if they are being paid a set fee for the job [i.e. Kablanus], and even if the building is taking place outside of a Jewish settlement.[34] It is however permitted for a housekeeper to continue working during Shiva.[35] In all cases of loss, other people may perform Melacha on the Avel’s behalf, as will be explained.

Doing Melacha during the Shiva if buried before Yom Tov and keeping Shiva after Yom Tov:[36] If one did not start the Shiva before Sukkos or Pesach, such as [if the death and burial occurred before Yom Tov and he did not have time to sit Shiva or] one only received knowledge of the death on Chol Hamoed, then throughout the Shiva that is kept after Yom Tov, the mourner may have other people perform Melacha on his behalf [in their own homes[37]]. This allowance applies even to his servants [and family] who may do work for him discreetly within his house.[38] [However, when starting Shiva after the other Holidays, such as Rosh Hashanah, Yom Kippur, and Shavuos, then one is prohibited in having Melacha done even by others, as is always the law.]

Doing Melacha during the Shiva if buried on Chol Hamoed:[39] If the burial took place on Chol Hamoed, and the Shiva will thus only begin after Chol Hamoed, then once seven days have passed from the day of burial[40], the mourner may have other people perform Melacha on his behalf in their homes throughout the remaining days of Shiva. Likewise, his servants [and family] may discreetly do work for him even within his house.[41] Thus, if the burial occurred with three days left to the Holiday, then on the last three days of the Shiva he may have work done by others on his behalf. [Thus, his business partner may run the business on his behalf on those days.[42]]

D. Davar Haaveid-Case of loss:[43]

It is forbidden for an Avel to do Melacha even in a case of loss.[44] It is even forbidden for one’s [wife[45] and] live in children[46], and servants to perform Melacha during the Shiva, if the proceeds that they earn go to the Avel, even in a case of loss.[47] However, in a case of loss, an Avel may have people other than the above perform work on his behalf.[48] In a case of loss, all forms of Melacha may be done by others, even those troublesome works that are forbidden during Chol Hamoed, and even a professional job [i.e. Maaseh Uman].[49] If one is unable to find anyone else to perform the Melacha on his behalf, then some Poskim[50] rule that in a case of loss it may be performed even by the Avel himself [and even if the Melacha involves difficulty and Maaseh Uman[51]]. Practically, one may be lenient after the first three days of Shiva in a case of loss, and in a case of great loss one may be lenient even within the first three days of Shiva.[52] However, one may only be lenient to do so in private.[53] During Chol Hamoed it is permitted for the Avel to perform Melacha in a case of loss, just as is permitted by any other person.[54] In all cases of loss in which Melacha is permitted, if one is an Avel for a parent, he is to diminish as much as possible in the work done to save the loss. However, if he is an Avel for another relative, then he may perform all work if it is a case of loss, and it is left to his discretion whether to diminish in work or not [55]

Summary A-D: It is forbidden for an Avel to work, or perform Melacha/business during Shiva, or have others perform Melacha/business on his behalf, unless: 1. Poor: One who is poor and has no food to eat, may work privately within his home after three days into the Shiva. 2. Yom Tov: One who is beginning Shiva after Yom Tov may have others perform work on his behalf once seven days have passed from the burial. 3. Case of loss: To prevent a monetary loss, it is permitted to have others perform work on his behalf, with exception to one’s wife and live in children. Q&A on Businesses May an Avel “sell” his business to another for the period of Aveilus and have them continue doing the work [i.e. Heter Mechira]?[56] One may not do so during the Aveilus period[57], although one who is accustomed to do so during Aninus is not to be protested.[58] However, one whose relative is a Goses may sell the business. How to sell the business:[59] One is to perform a Kinyan Sudar with the buyer in order to finalize the transaction of the sale.[60]  The buyer is to give the seller a vessel of any value. The moment that the seller acquires the item through taking/lifting [Meshicha] it, the business is acquired to the buyer in any area of the word that it exists. It is not necessary to have witnesses to the transaction, it is however advisable to have witnesses view the transaction in order so neither side can deny it having occurred. In the event that witnesses are present, then one of the witnesses is to give an item that he owns to the seller/giver and have it acquired as the Sudar/Chalifin transaction. After the conclusion of Shiva, the buyer is to “sell” back the business to the seller/Avel. Must one close his business/store even if he has a partner who is not an Avel? Yes, as stated above in B!   Must one close his business/store even if he has employees who will need to be paid even if they take leave? Seemingly it is not required to be closed, as this is considered a case of loss, in which we allow others to do Melacha on one’s behalf, as explained in D.   May one sell merchandise to one of his established clients if he suspects that he will permanently lose the client if he refuses? Some Poskim[61] rule that in such a case it is permitted for him to hire a worker to sell to such a client the merchandise.   May an Avel work on his personal accounting and budgeting during Shiva?[62] Yes, this may be done if necessary.   May one’s wife or children run their business during Shiva? No.[63] If, however, the proceeds of the business will go directly to them and not to the Avel then they may continue doing business in private.[64] May one’s wife go to work during Shiva?[65] Yes.[66] She however may not work for her husband’s business, as explained above.   May an Avel have his children cook and bake food on behalf of another person’s Simcha?[67] No. May an Avel deposit a check during Shiva? If not depositing the check can cause him a monetary loss [i.e. check might bounce after Shiva], or delay payment of a debt[68], then one may have another person do so on his behalf, with exception to his wife and live in children. See E regarding collecting payments! I have a person, who is a transcriber that works for herself transcribing voice files that I recorded for a book I am writing. May she continue to do so when I am in Shiva or must she stop? Depends: In general, the rule by a hired worker is as follows: If you are paying her per hour and will not have to pay her if you tell her to stop for the week, then she must stop. If you are paying her for the job, then she may continue. The above, however only applies to having her do actual Melacha, such as write the material with a pen and paper, or print the material from a computer. However, for her to type the material on her computer is not a problem even if she is paid per hour and you can delay her without a loss.

 

E. List of permitted and forbidden Melachos:

*In general, all Melachos which are forbidden on Chol Hamoed are likewise forbidden during Shiva.[69] It is beyond the scope of this work to review all the prohibition relevant, and hence one is to review the laws of Chol Hamoed for any relevant question that has not been recorded here.

Giving loans:[70] An Avel may not give an interest loan to a gentile during Shiva. If, however, the gentile is an established client of his, then he may arrange the loan to be made to him through another person.[71]

Collecting loans:[72] One may not collect a loan during Shiva unless the person/money will not be available after the Shiva. In such a case, one may collect the loan through another person.[73] The same applies in any case in which one suspects he may lose the payment of his loan.[74]

Writing:[75] The laws of writing during Shiva follow the same laws as writing during Chol Hamoed [that are explained in Shulchan Aruch chapter 545[76]]. Any writing permitted during Chol Hamoed is permitted during Shiva, while any writing forbidden during Chol Hamoed is forbidden during Shiva. [Some Poskim[77], however, rule that even writing that is permitted during Chol Hamoed is only permitted during Shiva if it cannot be written by another person. Furthermore, some Poskim[78] rule that writing during Shiva is not similar to Chol Hamoed in all matters, and that by an Avel there is no difference between professional or amateur script [Uman/Hedyot], and thus all scripts are forbidden with exception to the circumstances explicitly permitted on Chol Hamoed. From other Poskim[79], however, it is evident that all forms of script permitted to be written on Chol Hamoed is also permitted for an Avel to write.]

Court case:[80] One is not to make a court claim against another during Shiva. If, however, it is a case of loss, such as one will be unable to make his claim after the Shiva, such as the defendant is leaving the country, or his witnesses are ill and may pass away, then one may give another person a power of attorney [i.e. hire a lawyer] and have him make the claim on his behalf during Shiva.

Laundry: It is forbidden for a mourner to launder clothing throughout the seven days of Shiva even if he will be using only water. See Halacha 11E!

Housework:[81] It is permitted for an Avel to perform housework throughout the Shiva.[82] This allowance includes: cleaning the home, sweeping and mopping the floor[83], washing dishes[84], setting up the bed. It is also permitted for a woman [or man] to bake and cook during Shiva.[85] This allowance, however, is limited only to food that she needs, it is however forbidden for her to cook or bake foods that she does not need.[86] [This means that she may not cook/bake food on behalf of other families and individuals, or for eating after the Shiva. She may however bake and cook on behalf of her household and guests.[87] One may cook/bake and wash dishes even if they have other food and other clean dishes available.[88]]

Housecleaner sitting Shiva:[89] A Jewish housecleaner who is sitting Shiva may bake and cook and perform all other household needs during Shiva. This applies whether she works for free or is paid.[90] She may not however perform extra work that is not necessary for the household. She is certainly not to leave the house.[91]

Gabaiy:[92] If the Shamash/Gabaiy of a Shul is an Avel he may not work in the Shul during Shiva, even though it is for the sake of the Shul and the community. [Some Poskim[93] however rule that on Erev Shabbos, the Gabaiy may come to Shul to prepare it for Shabbos, even during Shiva.]

Q&A May an Avel tie a knot during Shiva?[94] He may not tie a permanent knot.   May an Avel tie Tzitzis during Shiva?[95] No, unless he does not have other Tzitzis available.   May an Avel polish his shoes during Shiva?[96] Yes. May an Avel build a Sukkah during Shiva?[97] Yes, if there is no one else available. This applies even during the first three days of Shiva. May an Avel take a blood test, or give a blood donation, during Shiva?[98] Yes. May a Doctor who is an Avel work during Shiva?[99] A doctor may visit an ill patient during Shiva. Some Poskim[100] rule it is permitted to do so even if there is another Dr. available. Certainly, if the ill person is his personal patient, he may visit him during Shiva. May a Sofer who is an Avel write Stam during Shiva?[101] This follows the same law as Chol Hamoed. May an Avel type on a computer during Shiva?[102] Some Poskim[103] rule it is permitted to do so without restriction.[104] According to all one should not perform a very long and strenuous job of typing.[105] May an Avel write Chidushei Torah? See Halacha 15B in Q&A! May a member of the Chevra Kadisha who is sitting Shiva perform a Kevura/Taharah during Shiva?[106] Yes, if there is no one else available who is expert like him. May an Avel who is a Shochet perform Shechita during Shiva?[107] For himself: It is permitted for a Shochet to Shecht for his personal needs.[108] Some Poskim[109] however rule an Avel should not Shecht at all during Shiva. For others: According to all, it is forbidden for a Shochet to Shecht for others if there is someone else available who is expert like him. If there is no one else available who is expert like him, then some Poskim[110] rule it is permitted for a Shochet to Shecht for others. Other Poskim[111] however rule it is forbidden to do so even if there are no other Shochtim available. Touching money:[112] Some Aveilim have the custom not to touch money throughout the Shiva.

______________________________________________

[1] Shulchan Aruch Chapter 380; Nitei Gavriel chapter 103 [p. 534]; Pnei Baruch chapter 13

[2] Michaber 380:1; Braisa Moed Katan 21a; 15b

The reason: This is learned from the verse “And he turned over your festival to mourning”, just like Melacha is forbidden during the festival, so too it is forbidden during Aveilus. [Moed Katan 15b] The reason this was forbidden is in order so one does not remove his mind from the Aveilus. A person is to mourn over the death of a relative and repent for his ways. [Ramban in Toras Hadam; See also Ramban Emor; Chasam Sofer E.H. 2:173]

[3] Michaber 380:10 “All the Melachos that were permitted during Chol Hamoed for the sake of the Moed may not be done during Shiva for the sake of Shiva.” This means that all those Melachos that were not permitted during Chol Hamoed due to a case of loss, but rather only due to it being a need for the Moed, there is no allowance to do during Shiva. [Shach 380:11]

[4] Taz 380:1 in name of Kol Bo; Beis Yosef in name of Rabbeinu Yerucham; Shivlei Haleket 35; Tanya Rabasi 65; Birkeiy Yosef 380:2 in name of Rash son of Rashbatz

[5] Shivlei Haleket ibid; Tanya ibid

[6] 380:2-4

[7] Michaber 380:3; Rambam; See Michaber 380:23 regarding one who traveled for business and is sitting Shiva in his destination if he may do business during Shiva

[8] Michaber 380:16; Regarding if he may hire someone else to take his place in work and receive the payment from his boss, see Michaber ibid that he may do so; However, see Shach 380:17 that this applies only in a case of loss

[9] See Michaber 380:14-15

[10] Michaber 380:17

[11] Rama 380:17; See Shach 380:19 for the opinion of Levush that this is permitted even not in a case of loss.

[12] Rama ibid

[13] Michaber 380:21

Other opinions: Some Poskim rule it is forbidden for the partner to do Melacha even in private. [See Shach 380:23 that the Rambam and Rif do not differentiate between public and private; Mishkanos Yaakov 68, brought in Pischeiy Teshuvah 380:5]

The law if a partner dies: If a partner dies and the inheritors are not mourners, it is permitted for the business to remain open throughout the Shiva. If, however, the inheritors are mourners it is disputed in Poskim as whether the partner may open his business during the Shiva. [See Pnei Baruch 13:27 footnotes 64-65; Sdei Chemed Aveilus 36]

[14] Aruch Hashulchan 380:27

[15] Custom of Prague community, brought in Shev Yaakov 63; Gilyon Maharsha 490; Daas Torah 380; Sdei Chemed Aveilus 6; Chelkas Yaakov 1:131; Pnei Baruch 13:28; See however Chasam Sofer 324, brought in Pischeiy Teshuvah 380:4, that it is improper to do so once the Aninus has begun; See Beis Lechem Yehuda 380; Maharash Engle 4:83

Making a stipulation with the partner: See Pischeiy Teshuvah 380:6 that it does not help to precondition with the partner that he will make all the money during the event of Shiva, as it is still Maaras Ayin towards others who see the business operating as usual.

[16] Daas Torah ibid

[17] Rashal 66, brought in Beis Lechem Yehuda 380 and Rav Akiva Eiger

[18] Chochmas Adam 164:16 and Matzeivas Moshe 4; Gesher Hachaim 21:2-7; Pnei Baruch 13:24

[19] Michaber 380:2; See Pnei Baruch 13:1 footnote 1-5

[20] Michaber ibid; Tur in name of Rosh; See Bach 380, Aruch Hashulchan 380:9, Pnei Baruch 380 footnote 2

The reason: As the soul of the deceased hovers over the body for the first three days. After the passing of three days, when the soul sees the change of look of the face of his body, he no longer comes to visit it. [Yerushalmi, Pnei Baruch 13 footnote 1] Alternatively, the reason is because the first three days are days of crying. [Rabbeinu Yerucham in name of Raavad]

[21] Kesef Mishneh in opinion of Rambam, brought in Beir Hagoleh 380:24, Aruch Hashulchan 380:33

[22] Michaber 380:25

[23] The reason: As this is similar to a joyous occasion, as he travels with a large caravan and they rejoice a lot on the way. [Michaber ibid]

[24] Michaber 380:25; Yerushalmi end of Moed Katan

[25] The reason: As this is similar to a joyous occasion, as he travels with a large caravan and they rejoice a lot on the way. [Michaber ibid]

[26] Michaber 380:5; Braisa in Avel Rabasi; Implication of Moed Katan 11b

The law if the Avel is in a different city and was not notified of the passing: Some Poskim rule that so long as the Avel was not notified, such as he is out of town and cannot be reached, the family may continue to run the business, being that the Avel has not started Aveilus. [Zekan Aaron 61; Dvar Moshe 61; Gilyon Maharsha 380; Birkeiy Yosef 380; Aruch Hashulchan 380:30; Pnei Baruch 13:26 in name of many Poskim; Nitei Gavriel 103:18] In such a case however it must be public knowledge that the Avel has not yet started Aveilus. [Machaneh Chaim 3:25]

Must the Avel notify his family/workers of the passing: Some Poskim rule the Avel is not required to notify his family, who work in his business, of the passing if he is in a different city. [See Heishiv Moshe 58; Maharsham 3:359; Pnei Baruch 13 footnote 61

[27] Michaber 380:4

[28] Rama ibid; Mordechai

[29] Michaber 380:10

[30] Michaber 380:13

[31] Michaber and Rama 380:18

[32] Shach 380:20 in name of Rabbeinu Yerucham; See however Beir Heiytiv 380:14 that some Poskim rule it is permitted for the Melamed to teach children in the house of the Avel.

[33] Shach 380:21

[34] Michaber 380:19; See Michaber 380:20 regarding a field

[35] See the coming Halachas regarding housework.

[36] Michaber 399:1

[37] Michaber 399:2

[38] The reason: As since the mourner has already abstained from doing work throughout the seven days of the Holiday, due to it being Chol Hamoed, it is considered as if he already mourned and abstained from work on behalf of the Shiva, and hence we are not stringent upon him to forbid other people from doing work on his behalf, as we rule regularly. Now, although the reason for his abstinence from work had nothing to do with the mourning, but rather due to the holiday, nonetheless, since at the end of the day he did not do work, therefore we are lenient. [Michaber ibid]

[39] Michaber O.C. 548:6; Y.D. 399:2

[40] At first the Michaber ibid writes death but later clarifies himself to mean burial

[41] The reason: As since the mourner has already abstained from doing work throughout the seven days of the Holiday, due to it being Chol Hamoed, it is considered as if he already mourned and abstained from work on behalf of the Shiva, and hence we are not stringent upon him to forbid other people from doing work on his behalf, as we rule regularly. Now, although the reason for his abstinence from work had nothing to do with the mourning, but rather due to the holiday, nonetheless, since at the end of the day he did not do work, therefore we are lenient. [Michaber ibid]

[42] Elya Raba 548:6; Chochmas Adam 169:2; M”B 548:24; Kaf Hachaim 548:31; Nitei Gavriel 119:22

[43] Michaber 380:3-6, 8, 9

[44] Michaber 380:4; Moed Katan 11

[45] Daas Kedoshim 380; See Maharshag 1:26; Nitei Gavriel 103:20

Other opinions: Some Poskim rule it is permitted for one’s wife to perform Melacha, as she can say that she is doing it on her own behalf. [Dvar Moshe 1:71; Beis David 180]

[46] This refers to children of all ages that are still supported by their parents, in which case their earnings belong to the parent. [Shach 380:3]

[47] Michaber 380:4; Braisa in Avel Rabasi; Ramban in Toras Adam; See Pnei Baruch 13:5; Nitei Gavriel 103:20

[48] Michaber 380:5

Example of case of loss by selling products: If one has produce, or merchandise, that must be sold during Shiva otherwise he will incur a loss on even the cost price of the product [i.e. Keren], then others may sell the products for him. If, however, he will not lose the cost price of the product but will simply lose ability to profit from the sales, it remains forbidden to sell the product. If, however, there are merchants passing through the town who will no longer be available after the Shiva, and they are offering to pay a lot of money for the products, then it is permitted to have others sell them ones merchandise even for the sake of profit alone. [Michaber 380:6; See Shach 380:7]

Example of case of loss by buying products: If there are merchants passing through the town who will no longer be available after the Shiva, and they are offering to sell products for very cheap, then it is permitted to have others buy the merchandise on one’s behalf even for the sake of profit alone. [Michaber 380:6] The reason for this is because it is not common to have this occur. [Shach 380:7] See Pischeiy Teshuvah 380:3 regarding if this applies to a job opportunity.

Case of loss for buyer: If by the Avel delaying the sale to a certain buyer it will cause the buyer a case of loss, it is permitted for the seller who is an Avel to sell him the product through others. [Chamudei Daniel, brought in Pischeiy Teshuvah 380:2; Matzeivas Moshe 7, brought in Gilyon Rav Akiva Eiger 380]

[49] The reason: As troublesome Melacha was only forbidden during the Moed due to the honor of the Moed, however during the Shiva, why would it matter if others do troublesome Melacha. [Shach 380:4] 

[50] Opinion in Rama 380:5; Tur in name of Ramban and Rosh; Rabbeinu Yerucham

[51] Shach 380:5

[52] Rama ibid

[53] Shach 380:6

[54] Rama 399:2

The reason: As during Chol Hamoed it is forbidden even for others to do Melacha and hence there is no reason to prefer others to do the Melacha for him in a case of loss. [Rav Akiva Eiger ibid]

[55] Michaber 380:24; Moed Katan 22b; Chochmas Adam 164:18; See Aruch Hashulchan 380:33

[56] Chasam Sofer 324, brought in Pischeiy Teshuvah 380:4; See also Dudaeiy Sadeh 49; Minchas Elazar 1:76; See Poskim in Nitei Gavriel 22:2 footnote 6

[57] The reason: As it is forbidden for an Avel to sell his products and hence how can one allow him to sell his business. Furthermore, everyone knows that the entire sale is a trick as after the Aveilus the friend will sell back the business to the Avel. [Chasam Sofer ibid]

[58] Chasam Sofer ibid; Chelkas Yaakov 1:131; See also Divrei Shaul 381

The reason: As it is usually considered a Davar Haaveid, as well as that some Poskim permit Melacha during Aninus, and it is better that they do it by mistake than on purpose. [Chasam Sofer ibid]

[59] See Michaber and Rama C.M. 195:1

[60] See Teshuvah Meahava 3:341; Maharsham 3:318; Nitei Gavriel 22:7

[61] See Chochmas Adam 164:5

[62] Aruch Hashulchan 380:10

[63] Michaber 380:4

[64] Daas Kedoshim 380

[65] Nitei Gavriel 103 footnote 28

[66] The reason: Although it is forbidden for one’s family members to work if their proceeds go to the father/husband [see Michaber 380:4] nevertheless, in this case it is permitted being that the wife is in truth earning her own money and is simply giving it as a present to her husband. Likewise, it may even be done in public if she is not working at her husband’s business, as the work she does is not related to her husband. [ibid]

[67] Nitei Gavriel 103:3

[68] One is obligated to pay a debt on time, and hence certainly the Mitzvah obligation allows one to have others do so for him.

[69] See Rama and Shach 380:2 regarding writing

[70] Michaber 380:7

[71] The reason: As this is a case of Davar Haaveid. [ibid] As if the clients borrow money from a different person during the Shiva, they may permanently remain the clients of the new loaner. [Shach 380:8]

[72] Michaber 380:8

[73] The reason: As such a case is deemed a case of loss. [Shach 380:9]

[74] See M”B 539:3; Chochmas Adam 164:6

[75] Rama 380:2; Rashba 446

[76] Shach 380:2

[77] Kitzur SHU”A 208:7

[78] Aruch Hashulchan 380:10; Teshuvah Meahava 3:412; Nitei Gavriel 103:8

[79] See Beis Yosef 380 in name Tashbatz and Kol Bo in name of Maharam; See Pnei Baruch 13 footnote 8

[80] Michaber 380:9

[81] Michaber 380:22; Avel Rabasi 11; See also 378:7 and Moed Katan 27a [regarding a Beis Havel]

[82] The reason: As all actions that are done for the cleanliness of the home is not considered a Melacha for the Avel. [Nimukei Yosef Moed Katan 24a; See Taz 380:1 that it is not real Melacha] The reason for this is because housework is a basic necessity, and not every Avel can afford to hire workers to do it for them. [Levush 380:22]

[83] Michaber ibid and 378:7 and Moed Katan 27a [regarding a Beis Havel]; Shevet Halevi 6:244; Siach Yitzchak 475; Nitei Gavriel 103:21; Vol. 2 13:1

Other opinions: Some Poskim rule an Avel may not mop the floor during Shiva. [Meishiv Devarim 215; See Kerem Shlomo 381] Nitei Gavriel ibid footnote 29 concludes the custom is to only mop the dirty areas.

[84] Michaber ibid and 378:7 that one may wash all forms of dishes and pots

[85] Michaber ibid; Maharik Shoresh 55

[86] Rama ibid; Kitzur Shu”a 208:14

[87] Aruch Hashulchan 380:32; See Zera Emes 2:150; Chochmas Adam 164:12; Pnei Baruch 13 footnote 34

[88] See Daas Kedoshim 380:13

[89] Michaber 380:22; Terumos Hadeshen

[90] The reason: Although in general we rule it is forbidden for an Avel to perform Melacha during Shiva, and if he is a hired worker, he is to take a leave of absence during Shiva [Michaber 380:16], nevertheless in this case it is permitted being that housework is not a true Melacha. [Taz 380:1]

[91] Taz ibid

[92] Taz 380:1

[93] Lachmei Toda 7, brought in Pischeiy Teshuvah 380:8; Zera Emes 160; Ikarei Daat 11:16; Daas Torah 380:22

[94] Nitei Gavriel 103:14 in name of Daas Kedoshim 380:7 and 13

[95] Nitei Gavriel 103:14 in name of Daas Kedoshim 380:7 and 13

[96] See Shevet Halevi 6:244; Nitei Gavriel 103:22; Piskeiy Teshuvos 287 footnote 16

[97] Yosef Daas 380; Nitei Gavriel 103:7; Pnei Baruch 13 footnote 3

[98] Taz 380:1 in name of Rashal in name of Aguda

[99] See Shvus Yaakov Y.D. 1:86; Chamudei Daniel, brought in Pischeiy Teshuvah 380:1; Teshuvah Meahava 3:412

[100] Shvus Yaakov ibid; Gilyon Maharsha 380

[101] See Michaber 545:3; Halef Lecha Shlomo 311; Nitei Gavriel 103:10-11; Pnei Baruch 13:13

[102] The question here is whether typing on Chol Hamoed is considered a Maaseh Uman, or a Maaseh Hedyot- and thus permitted?

[103] So rule regarding Chol Hamoed: Beir Moshe 7:39; Rav Farkash in his sefer writes that its permitted to type for all reasons [Thus would even be permitted if not for need of moed?] , even in Hebrew, even in ksav ashuris, as the letters on a screen are not real letters but are forms of lights, which is not considered writing.

[104] As it involves no effort

[105] Chol Hamoed Kehalacha

[106] Nitei Gavriel 103:25

[107] See Nitei Gavriel 103:25; Pnei Baruch 13:14

[108] Gilyon Maharsha 380

[109] Beir Heiytiv 1:27 in name of Beis Yaakov 58; Mordechai Chulin; See Gilyon Maharsha ibid that this is due to his pain which may cause him to Treif the animal

[110] Chochmas Adam 164:12; Matzeivas Moshe 7

[111] Gilyon Maharsha 380 based on Shvus Yaakov 1:86

[112] Minhagei Worms p. 103; Chavos Yair; Nitei Gavriel 103:27