Chapter 14: Acts of Kindness, Visiting the Sick, and Burial Laws
- Rabbinic Commandments of Kindness
It is a positive Rabbinic commandment to visit the sick, comfort mourners, prepare for funerals, assist a bride, accompany guests, attend to all burial needs, carry a corpse on one’s shoulders, walk before the bier, mourn, dig a grave, bury the dead, and bring joy to a bride and groom. These acts of kindness have no limit.
Although these mitzvot are Rabbinic, they are included in the Scriptural commandment: “Love your neighbor as yourself” (Leviticus 19:18), meaning: whatever you would want others to do for you, do for them.
- The Greatness of Accompanying Guests
Accompanying guests is greater than all other acts of kindness. Abraham instituted this practice, feeding wayfarers, giving them drink, and accompanying them. Hospitality surpasses even receiving the Divine Presence, as seen in Genesis 18:2.
Accompanying guests is greater than hosting them. Our Sages said: “Whoever does not accompany guests is considered as if he shed blood.”
- Obligation to Accompany Guests
We compel people to accompany travelers just as we compel them to give charity. Courts appointed agents for this purpose. Even accompanying someone for four cubits earns great reward.
A teacher accompanies his student to the city’s outskirts; a person accompanies a colleague to the Sabbath limits; a student accompanies his teacher for a parsah; for a master teacher, three parseot.
- Visiting the Sick
Visiting the sick is a mitzvah for everyone, even for those of great stature visiting those of lesser stature. One may visit many times a day, provided it is not burdensome. Visiting removes part of the illness; neglecting to visit is like shedding blood.
- When and Whom to Visit
We visit the sick from the third day onward, unless the illness is severe, in which case we visit immediately. We do not visit during the first three hours or last three hours of the day. We avoid visiting those with stomach illness, eye disease, or headaches, as visits burden them.
- Conduct During Visits
When visiting, do not sit on a bed, chair, or high place above the patient’s head. Sit below his head, wrapped in a tallit, pray for mercy, and depart.
- Comforting Mourners vs. Visiting the Sick
Comforting mourners takes precedence over visiting the sick because it is kindness to both the living and the dead.
- Corpse vs. Bride
If faced with tending to a corpse or a bride, tend to the corpse, as Ecclesiastes 7:4 says: “The heart of the wise is in the house of mourning.” If a corpse and a bride meet on the road, the corpse yields to the bride. Both yield to a king.
- Nullifying Torah Study
We suspend Torah study for funerals and weddings when there are not enough people to care for the corpse. If enough people are present, Torah study continues. Whoever does not study Torah must assist with burial.
- Obligation of the Community
If there is one corpse in a city, all residents must stop work until burial. If someone is appointed to handle the funeral, others may work.
- Funeral for a Torah Scholar
If a Torah scholar dies, Torah study is suspended unless 600,000 people accompany him. If he taught others, there is no limit—everyone stops work for his funeral.
- Kindness to Gentiles
We bury gentile dead, comfort their mourners, and visit their sick for the sake of peace.
- Prohibition Against Benefiting from Cemeteries
We do not eat, drink, work, read Torah, or act frivolously in cemeteries. One may not walk within four cubits of a grave with tefillin or a Torah scroll, nor pray there. Beyond four cubits, it is permitted.
- Transporting Bones
Do not place bones in a leather sack, on a donkey, and ride upon them, as this is disrespectful—unless fearing thieves.
- Moving a Corpse
We do not move a corpse from one grave to another, even to a more honorable site, unless the grave is on another’s property.
- Burial Practices
We do not bury one corpse atop another or two together, as this is degrading. A baby who slept with its mother may be buried with her.
- Benefit from Grave Earth
It is permitted to benefit from grave earth, but forbidden to benefit from a grave structure.
- When a Grave Becomes Forbidden
A grave becomes forbidden only when a corpse is placed inside. Even a stillborn infant makes it forbidden.
- Monuments
If a monument was built for a living person and later used for burial, adding one row of bricks for the deceased forbids the entire monument. If built for the deceased, it remains forbidden even after removal of the corpse.
- Grave Built for a Parent
If a person builds a grave for his father but buries him elsewhere, that grave remains forbidden forever out of respect.
- Prohibition Against Benefiting from a Corpse
It is forbidden to benefit from a corpse except for its hair. Coffins and shrouds are also forbidden once buried. Garments prepared for shrouds are permitted until placed on the bier.
- Garments on the Bier
Garments thrown on the bier become forbidden once buried, to avoid confusion with shrouds.
- Saving Property
If parents throw garments on the bier in anger, others should save them before burial. After burial, they may not be saved.
- Avoiding Waste
We teach that property should not be destroyed. It is better to give to the poor than to waste. Throwing many items on a corpse violates the prohibition against destroying property.
- Honoring a King
When a king dies, his horse and wagon calf are maimed as a sign of honor. A yeshivah is convened at his grave for seven days. For a nasi, the yeshivah is suspended for thirty days.
- Burning a King’s Bed
When a king or nasi dies, his bed and personal utensils may be burned as a sign of honor, as Jeremiah 34:5 states: “They will make pyres for you.” This is not considered a pagan or destructive practice.
