1. The Mitzvah to mourn:

* This article is an excerpt from the above Sefer

*As an Amazon Associate I earn from  qualifying purchases.

1. The Mitzvah to mourn:

It is a Rabbinical[1] command, instituted by Moshe Rabbeinu[2], for relatives to sit Shiva for seven days upon the passing of a family member [as enumerated in chapter 12 Halacha]. 

The status of the first day:[3] Some Poskim[4] rule that it is a Biblical positive command for the seven close relatives[5] [i.e. father, mother, son, daughter, brother, virgin sister, wife[6]] to keep mourning customs on the first day of Shiva if it is the day of both the death and burial. Other Poskim[7], however, rule that the first day of Shiva, along with the other six days, is Rabbinical even if the death and burial took place on that day. Practically, the custom is like the latter opinion.[8] [According to all opinions, if the burial did not take place on the same day as the death, the first day of Shiva is Rabbinical.[9]]

The mourning rituals: The definition of mourning, and the mourning rituals that are to be followed, were established by the Sages and are recorded in Tractate Moed Katan and later in the Shulchan Aruch.  Some of these rituals were learned from a verse in Yechezkal[10] which discusses the destruction of the Temple with Hashem stating to the Jewish people that they should not mourn like mourners after a death. The verse then enumerates a number of practices that they are not to follow. From this it became understood that in general, mourners are to follow these practices.

Why we mourn: Some Rishonim[11] learn that mourning is done out of respect for the dead, and for the benefit of the deceased. Others[12] learn that it is done for the sake of the surviving relatives, out of their respect and honor for their benefit. The Poskim[13] are unclear as to how we rule.

 The purpose of mourning is for the relatives to repent:[14]

The purpose behind the laws of mourning is for a person to receive a spiritual awakening and make an accounting of his soul. In general, most people do not become deeply motivated through mere thought and contemplation until an action occurs. The action of the [tragic and early[15]] death of a relative with whom one shares a deep love according to nature has a profound effect on the person. The purpose of the mourning person is for the person to contemplate this death and arouse his pain and pity. This will then lead him to make an accounting of his own soul, of its purpose and its current focus. The Jewish religion professes the belief that a death of a relative, and its ensuing pain, is not something that comes on its own, but is due to man’s sins, and when a person recognizes this, he will be brought to Teshuvah. This negates the belief of the heretics who mistakenly think that death is just a matter of time, and just as animals die so too humans.

__________________________________________

[1] Michaber 398:1 that all the other days are Rabbinical [See next regarding the first day]; Rambam Avel 1:1; Conclusion of Yerushalmi Moed Katan 3:5, as learns Karban Haeida; See Rif Brachos chapter 2; See Encyclopedia Talmudit Erech “Aveilus”

Other opinions: Some Sages in Talmudic and Geonic times and prior held that the seven days of mourning are Biblical, as learned from the verse [Bereishis 50:10] that Yaakov was mourned by his son Yosef for seven days, and from other verses. [Rif Brachos chapter 2 in name of Miktzas Rabbusa; Yerushalmi Moed Katan 3:5 “From where do we learn that an Avel must Biblically sit Shiva for seven days” The Yerushalmi than offers several opinions of verses from scripture from where this is learned; The Rambam ibid negates this approach by stating that when the Torah was given “Nischadsha Halacha.” This is also an apparent way of learning the conclusion of the Yerushalmi ibid. Furthermore, see Karban Haeida on Yerushalmi ibid who even initially learns this Gemara as a mere Asmachta and not literally to be saying that its Biblical, however from other Mefarshim it is apparent that they argue that the Yerushalmi means to say that it is literally Biblical, and seemingly never retracted from this position. Vetzaruch Iyun]

[2] Rambam Avel 1:1; Yerushalmi Kesubos 1:1; Gilyon Maharsha 398; See previous footnote regarding Aveilus of Yaakov over his son Yosef.

[3] See Pnei Baruch Chapter 12; Nitei Gavriel Chapter

[4] 1st opinion in Michaber 398:1; Rambam Avel 1:1; Geonim, brought in Rif Brachos 2; Rosh Moed Katan 3:3; Tur 398 in name of Ramban in Toras Habayis; Taz 342:1 writes that the Michaber ibid gives no arbitration and in Beis Yosef 399 he rules like this opinion. The Taz ibid hence concludes to be stringent like this opinion; See Encyclopedia Talmudit Erech “Aveilus”

[5] This refers to the seven relatives that the Torah commanded a Kohen to impurify himself to. [Michaber ibid]

[6] Shach 398:1

[7] 2nd opinion in Michaber 398:1; Rabbeinu Yona on Brachos 16b in name of Rabbanei Tzarfat; Tur 398 in name of Rabbeinu Tam and Riy; Rosh Moed Katan 3:3 in name of Riy; Ramban Toras Hadam in name of Chachmei Tzarfat; Semag Asei 2; See Encyclopedia Talmudit Erech “Aveilus”

[8] Rama 399:13 “The world holds like the opinion that says that there is no day of Biblical Aveilus”; 374:5; Shach 342:4; 374:4; 398:2

[9] Taz 398:1

[10] Yechezkal 24:21-24

[11] Rambam Aveilus 1, as explained in Kesef Mishneh and Rav Akiva Eiger 344; Rav Akiva Eiger ibid concludes that the Michaber 345 rules like the Rambam; Biur Hagr”a 341:18

[12] Ramban, as explained Rav Akiva Eiger 344; Shut Ranach regarding the Shiva and Shloshim

[13] Darkei Moshe 344 “I don’t know if it is for respect of the living or the dead”; However, see Rav Akiva Eiger ibid who concludes that the Michaber 345 rules like the Rambam that it is done for respect of the dead

[14] Sefer Hachinuch Mitzvah 264; See also Ramban in Hakdama to Toras Hadam; Rambam Avel 13:12; Nimukeiy Yosef Moed Katan 18a; Radbaz 3:555; Michaber 394:6; Beis Hillel Y.D. 381 “the main reason for Aveilus is for Teshuvah”

[15] Ramban ibid

Was this article helpful?

Related Articles

Leave A Comment?

You must be logged in to post a comment.