1. Goses-Nearing death:

A Goses is a person who is in such a deteriorating state of illness that his death is imminent and may occur at any moment.[1] [Some Poskim[2] rule that a true Goses is only one who will pass away within three days, as explained in Halacha A regarding life expectancy. However, a critically ill patient who can live for many days, weeks, and perhaps even months, is a Safek Goses.] There are various laws that apply to such a person both prior to reaching this state, and while in this state.

 

A. His status of life:[3]

A Goses is considered like a live person for all matters [and therefore nothing that is normally done to a deceased may be done to a Goses] until he actually dies.

Legal status of Get and Matanos:[4] A Goses [who can speak[5]] may give a Get and give someone a present until he dies.

Life expectancy:[6] A person in a state of Goses is assumed to not be able to live for more than three days, and hence he can be assumed to be dead after the passing of three days, and his relatives are to mourn him[7], if they are out of town and have no way of verifying whether he is still alive. [Nonetheless, when he is in front of us, so long as he is still breathing, he considered to be alive.[8]]

Q&A May one desecrate Shabbos for one who is a Goses? Some Poskim[9] rule one is not to desecrate Shabbos on behalf of a Goses, to help him live.[10] Other Poskim[11], however, rule one may desecrate Shabbos on behalf of a Goses, to help lengthen his life. Some Poskim[12] rule that while one may desecrate Shabbos to save the life of a Goses, one is not obligated to do so if there is no chance of recovery. Other Poskim[13] rule that if there is no chance of recovery and the person is living with excruciating pain, then even during the week it is forbidden to do actions that lengthen his life and pain in this world. A Rav who is expert in the medical field is to be contacted in all circumstances.

 

B. Funeral preparations:[14]

One may not make funeral preparations until he dies. Thus, one may not hire Maspidim, perform Keriah, recite Tziduk Hadin, or bring the coffin into the home until he dies.

Digging a grave:[15] Some Poskim[16] rule one may not dig a grave for the person until he dies.[17] [However, from the letter of the law it is permitted to do so, so long as the Goses is unaware.[18] Even according to this approach, one is not to dig it on Erev Shabbos, close to Shabbos, unless one expects the burial to take place before Shabbos.[19] Likewise, one is not to dig it before Yom Tov, even if he expects the person to die on Yom Tov.[20] Practically, we avoid digging a grave for a sick person even if he is unaware, in order not to diminish his Mazal.[21]] It is forbidden to ever dig a grave and leave it open until the next day, for a corpse who will not be buried that day, and if one does so there is danger involved.[22] [Thus, if the grave was already dug and the burial will not take place that day, the grave is to be refilled.[23] Alternatively, it is to be covered over with a board.[24] It is however permitted to prepare burial shrouds for the person.[25]] See Chapter 4 Halacha 9 for the full details of this matter!

C. Moving the Goses:[26]

It is forbidden to move the Goses. One who closes his eyes as the death is transpiring is considered to have murdered him.[27] The same applies for any touch or movement; one who does so is considered to have murdered him.[28] [However, some Poskim[29] rule that all movements that are done for medical purposes, to try to help the Goses survive or get out of his state of Gesisa, are permitted to be done. Likewise, the Goses may be moved out from a fire.[30] However, if the movement will not help the Goses survive but simply to make him more comfortable, it is forbidden to move him.[31] One may however give him to drink, or a medication to lessen his pain.[32] One may not move the Goses even for the sake of cleaning him from his bowels. He is therefore to be cleaned prior to entering the state of Gesisa.[33]]

Actions that may not be done to a Goses:[34] One may not tie his mouth closed, or smear oil on him, or bathe him, or stuff his orifices or close his eyes until he dies.[35] One may not remove a pillow from under him[36], and he is not to be moved onto sand, or earthenware, or the earth.[37] One may not place on his stomach neither a bowl, or cup of water, or kernel of salt.

D. Doing things to delay or hasten his death:[38]

Actively hastening his death:[39] It is forbidden to actively hasten the death of a Goses. [This applies even if the Goses is suffering, and one’s intent is to free him from suffering.[40]] One may thus not remove the pillow from under a person who has been a Goses for a long time and is unable to pass away.[41] He may not be moved, and one may not place keys of a Shul under his head in order so he passes away. [The movement itself hastens the death, and it is hence forbidden to be done.[42]]

Passively hastening his death:[43] It is only forbidden to actively hasten the death, while to simply remove an impediment to the death is permitted. This means as follows: If there is something that is delaying his death, such as there is a banging noise nearby, or there is salt on his tongue, which is delaying his soul’s leave of the body, it is permitted to remove the salt from there [and stop the sound].[44] [Furthermore, some Poskim[45] rule it is even forbidden to actively do things to delay his death, and one is obligated to remove the impediments which are delaying his death. However, other Poskim[46] rule that there is no prohibition against delaying his death, and it is simply permitted to remove things that are delaying it and not an obligation. See next regarding medical treatment.]

 

E. Medical treatment:[47]

All movements that are done for medical purposes, to try to help the Goses survive or get out of his state of Gesisa, are permitted to be done.  Some Poskim[48] rule that this applies even if the medical treatment will only help the Goses live for only slightly longer. [According to this approach, one is obligated to continue all medical treatments for the Goses, so long as he can live for even one more moment.[49]] However, other Poskim[50] argue that one may not do anything to delay his death. Practically, regarding whether one may/should/shouldn’t attach a Goses to life support, intubation, and perform resuscitation-and whether he may be removed from life-support-see Chapter 1 Halacha 10-11!]

F. May a Kohen enter the room/house of a Goses?[51]

A Goses does not give off impurity until he dies.[52] Nevertheless, some Poskim[53] rule it is forbidden to enter the house/room of a Goses.[54] Other Poskim[55] rule it is permitted to enter the room/house of a Goses. Practically, one is to be stringent.[56] If the Kohen was already in the room when the Gesisa occurred, he is to be stringent to leave. However, he may delay for the sake of getting dressed, and if the Kohen is sleeping, there is no obligation to wake him.[57]

Q&A May the relatives of a Goses have marital relations?[58] One whose parent is in a state of Gesisa and his/her death is imminent, is to avoid having marital relations. Nevertheless, from the letter of the law it is permitted for children to have marital relations even when their parents are in a state of Gesisa.    May the relatives of a Goses attend a Simcha?[59] From the letter of the law, it is permitted for the children of a Goses to attend a Simcha, however it is proper to avoid doing so.

[1] See Nishmas Avraham Y.D. 339 p. 450 that when the author [who is a doctor] asked Rav S”Z Aurbach as to the exact Halachic definition of a Goses, he replied “You’re the doctor”

[2] Rav Elyashiv stated that one who can live for several months is a Safek Goses, Safek alive. [Nishmas Avraham Y.D. 339 p. 469] Rav S”Z Aurbauch stated that  a brain dead patient is a Safek Goses, Safek dead. [Nishmas Avraham Y.D. 339 p. 467, 473, 477]

[3] Michaber 339:1; Miseches Semachos 1; See Gesher Hachaim 2

[4] Michaber E.H. 121:7 regarding Get; Shach 339:1; Ran

[5] If the Goses can’t speak: Some Poskim rule [Semag; Semak; Mordechai] if a Goses can no longer talk, he is unable to give a Get. Practically, one is to be stringent like their opinion. [Rama E.H. 121:7, brought in Gilyon Maharsha 339] The reason for this is because he is considered like he is already dead if he has reached the point that he can no longer speak. [Beis Shmuel 121:10]

[6] Michaber and Rama 339:2; Tur 339; Maharam Merothenberg; Rosh; Mordechai; See Shvus Yaakov 2:114 and Mishkanos Yaakov 69, brought in Pischeiy Teshuvah 375:3

[7] Does the above law apply also to remarrying an Eishes Ish? If a husband is a Goses, we do not allow the wife to remarry until his passing is verified, even if three days have passed. [Beis Meir; Digul Merivava E.H. 17; Beis Lechem Yehuda 339; Pischeiy Teshuvah Y.D. 339:3 and E.H. 17:131; Mishkanos Yaakov 69 in name of Rav Chaim Velozhin] Some Poskim however rule we even allow the wife to remarry after three days. [Beis Shmuel E.H. 17:48 and 94; Gilyon Maharsha 339] The Poskim ibid vehemently negate this opinion. Some of the stringent Poskim ibid rule that based on this, the wife is not to mourn, as this may lead her to remarry. Others however rule the wife may mourn. [See Beis Lechem Yehuda 339; Pischeiy Teshuvah E.H. ibid; See Rav Akiva Eiger ibid] See Chapter 12 Halacha 11!

[8] Shach 338:8

[9] Implication of Rama 339:1 who writes there is no need to do things to delay his death; Beis Yaakov 59, brought in Gilyon Maharsha Y.D. 339, based on Shach 339:1 who quotes Ran, and no mention is made that one can desecrate Shabbos on his behalf. [He bases his ruling on the fact all the Poskim omit the ruling of Tosfos brought in next footnote, thus implying one cannot desecrate Shabbos on his behalf.]

[10] The reason: As one may not delay the death of a Goses, as explained in D, and lengthen his suffering. Certainly, then, one may not desecrate Shabbos on his behalf. [Beis Yaakov ibid] Now, although Admur, Michaber and Yuma, brought in next footnote all rule that one desecrates Shabbos for one with a crushed skull even though he will only live momentarily, the Beis Yaakov ibid explains that one with a crushed skull due to a Mapoles is not considered a Goses. Vetzaruch Iyun as to why.

[11] Implication of Admur 329:3, Michaber 329:4, Yuma Mishneh 83a regarding saving one whose skull was crushed in a Mapoles for the sake of living momentarily [however, see previous footnote]; Tosfos Nidda 44b; Shvus Yaakov 3:13, brought in Gilyon Maharsha Y.D. 339; Chasam Sofer 338; Minchas Chinuch 32 Mileches Hotza; Biur Halacha 329:4 “Ela”; Teshuvos Vehanhagos 1:861; Piskeiy Teshuvos 329:6; Poskim in Nitei Gavriel 2:4 footnote 5 [Now, although we rule that one may remove matters which are delaying the death from the Goses, perhaps this is not obligatory, as explained next]

[12] Teshuvos Vehanhagos ibid; Minchas Shlomo 1:91-24; Shevet Halevi 8:86; Divrei Moshe 1:95; See Piskeiy Teshuvos ibid footnote 30

[13] See Beis Yaakov ibid; Igros Moshe Y.D. 3:132; Tzitz Eliezer 13:89

[14] Michaber 339:1

[15] Rama ibid

[16] Rivash 114

[17] The reason: In order so the Mazal of the sick person does not worsen. [Birkeiy Yosef 547:3; Yosef Ometz 92, brought in Shaar Hatziyon 547:15]

[18] Bach 339, bought in Shach 339:6; Mishneh Limelech Avel 4:5; Beir Heiytiv 339:3; Pischeiy Teshuvah 339:2

[19] Bach and Shach ibid

[20] Dudaeiy Sadeh 18; Nitei Gavriel 75:11

[21] Birkeiy Yosef 547:3; Yosef Ometz 92, brought in Shaar Hatziyon 547:15; Maharsham 4:150; Dudaeiy Sadeh 18

[22] Rama ibid; Rabbeinu Yerucham in name of Rebbe Yehuda Hachassid; Tzavah of Rebbe Yehuda Hachassid 2, that if one does so, in a short while, one of the city residents will die.

[23] Shach 339:6

[24] See Gesher Hachaim 27:7 “The custom is for those who purchase a grave in their lifetime, to dig it and then cover it with a board, thus already forming the Ohel”

[25] Beir Hagoleh 339; Ramban in Toras Hadam

[26] Michaber and Rama 339:1; See Tzitz Eliezer 13:89 for a lengthy discussion on this subject!

[27] Michaber ibid; Mishneh Shabbos 151b

[28] Shach 339:5; Rif; Rambam; Miseches Semachos

The reason: As a Goses is like a withering candle which extinguishes as soon as it is touched. [ibid]

[29] Shvus Yaakov 3:75, brought in Pischeiy Teshuvah 339:1; Gilyon Maharsha 339; Tzitz Eliezer 8:15; Nitei Gavriel 2:5

Other opinions: Some Poskim rule one is not to give any medical treatment to the Goses which will lengthen his death. [Beis Yaakov 59, brought in Gilyon Maharsha ibid]

[30] Sefer Chassidim 723, brought in Rav Akiva Eiger 339; Beis Lechem Yehuda 339

[31] Poskim in Nitei Gavriel 2:2 footnote 3

[32] Sefer Chassidim 234 and Leket Yosher 2:37 regarding a drink; Nitei Gavriel 2:6 footnote 7

[33] Chochmas Adam Matzeivas Moshe 2; Nitei Gavriel 2:12

[34] Michaber 339:1

[35] The reason: These matters are normally done after death to a corpse and the novelty hence is that one may not do so to a Goses. [See Shach 339:2-4]

[36] The reason: A corpse normally is not to be placed near anything warm, as it hastens deterioration. The novelty here is that one may not remove the pillow, as he is still alive. [Shach 339:4]

[37] The reason: This is forbidden to be done due to the prohibition against moving a Goses. [Shach ibid]

[38] See Tzitz Eliezer 13:89 for a lengthy discussion on this subject!

[39] Rama 339:1; Michaber ibid regarding closing the eyes; Shach 339:1; Taz 339:1-2; Chochmas Adam 151:14; Kitzur SHU”A 194:1

[40] Aruch Hashulchan 339:1; Poskim in Nitei Gavriel 2:2 footnote 2

[41] Removing the pillow may hasten death as some say that certain bird feathers cause death to be delayed. [Rama ibid] The reason it is forbidden to remove it is not because of the feathers that delay his death but because of the movement that is caused when the pillow is removed, which hastens death. [Shach 339:7 in answer of Levush 339 who questions Rama why this is not permitted under the premises of “removing the impediment.”; Derisha; Bach 339; See Tzitz Eliezer ibid]

[42] Taz 339:2

[43] Rama 339:1; Taz 339:2; Shiltei Giborim Moed Katan

[44] Rama ibid; Shach in Nekudos Hakesef 339 that removing salt is a minor movement that does not proximate death; Beis Lechem Yehuda 339; Aruch Hashulchan 339:4

Other opinions: Some Poskim rule it is forbidden to remove the salt from his mouth as doing so causes movement which hastens death. [Taz ibid] See Shach and Beis Lechem Yehuda who answer this question

[45] Beis Yaakov 59; Tzitz Eliezer 13:89

[46] Shvus Yaakov 3:75, brought in Pischeiy Teshuvah 339:1; Divrei Shaul 339

[47] See Shvus Yaakov 3:75, brought in Pischeiy Teshuvah 339:1; Divrei Shaul 339; Gilyon Maharsha 339

Other opinions: Some Poskim rule one is not to give any medical treatment to the Goses which will lengthen his death. [Beis Yaakov 59, brought in Gilyon Maharsha ibid]

[48] Implication of Admur 329:3, Michaber 329:4, Yuma Mishneh 83a regarding saving one whose skull was crushed in a Mapoles for the sake of living momentarily; Poskim in previous footnote; Mavor Yabok Mamar Sifsei Tzedek 26; Nitei Gavriel 2:3; See Admur 329:3; Michaber 329:4; Yuma 85a

[49] Nitei Gavriel 2:3

[50] Beis Yaakov 59, brought in Gilyon Maharsha ibid

[51] See Michaber 370:1; Nitei Gavriel 130:7

[52] Michaber ibid

[53] Michaber ibid; Tur; Rosh; Hagahos Ashri; Meiri Moed Katan 43

[54] The reason: As although he does not give off impurity, he does desecrate the Kohen. [Shach 370:3] As the Kohen is commanded to prevent himself from entering himself into a situation where a person may die and make him become desecrated. [Aruch Hashulchan 370:2]

[55] Rama 370:1; Ran end of Moed Katan; Mordechai in name of Bahag; Bach in name of Ran, brought in Shach 339:1

[56] Rama ibid “It is good to be stringent”; Bach 370 “One must be stringent from the letter of the law”; Shach 339:1 plainly rules it is forbidden and in 370:4 he records the ruling of Bach ibid; Levush 370:1; Kitzur SHU”A 202:1; Aruch Hashulchan 370:2 that so rule most Poskim and so is custom

[57] Shach 370:4

[58] Sefer Chassidim 744; See Chochmas Adam 154:5; Darkei Hachaim 19:2

[59] Nitei Gavriel 16:24 based on Sefer Chassidim ibid and Chochmas Adam 154:5

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