From the Rav’s Desk: Following mourning customs if a relative is reburied

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Question: [Wednesday, 21st Marcheshvan, 5782]

My sibling is being reburied today from his current resting spot to a grave in Eretz Yisrael. My question is do I, and any of my siblings, and the children of the deceased have to keep any mourning laws as a result?

Answer:

The act of unearthing a body and reburying it elsewhere, carries various laws of mourning for the seven relatives on the day of the unearthing, which is defined as the day that the deceased is removed from his current grave [irrelevant of how long it takes for him to be reburied]. If a relative heard about the unearthing on a later date, even the next day, he does not follow any mourning laws, as they only apply on that same day of the unearthing. There is no requirement to inform relatives of the unearthing, and on the contrary, one is to avoid doing so.

Relatives who are aware of the unearthing are to keep the following laws on that day:

  1. Shiva: All the seven relatives [son, daughter, brother, sister, father, daughter, and wife unless she remarried] are to keep all the laws of Shiva on the day of the unearthing. The mourning lasts until the nighttime of that day of the unearthing, even if the remains were yet to be reburied.
  2. Aninus: The Aninus laws are not followed at all in this process and hence the relatives may eat meat and drink wine. However, the relatives are exempt from all Mitzvos until the remains are reburied.
  3. Keriah: Keriah must be reperformed by the relatives on the day of the unearthing.
  4. Seudas Havraha: A limited form of comforting and Seudas Havraah takes place on the day of reburial.

Sources: See Michaber and Rama Y.D. 403:1-3; Shach 403:2; Pischeiy Teshuvah 403:1-2; Chasam Sofer 355; Pnei Baruch 40; See regarding Aninus: Chasam Sofer 353; Pischeiy Teshuvos 403:1; Noda Beyehuda Kama 88; Chazon Ish Y.D. 313; Pnei Baruch 40 footnote 2; Some Poskim rule the relatives are not exempt from Mitzvos unless they are physically involved in the unearthing, transporting, or burial. [Igros Moshe Y.D. 3:161; Cheshev Haeifod 2:83; Chelkas Yaakov 2:46; See Pnei Baruch ibid] see regarding if he was unearthed and reburied in a coffin: Har Tzevi Y.D. 296; Minchas Elazar 4:12; Gesher Hachaim 12; Chazon Ish 213:1; Pnei Baruch 40:5

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.

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