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17. Melacha:[1]
Some Poskim[2] rule it is forbidden for an Onen to do work [just like an Avel during Shiva]. [Practically, so is the final ruling.[3] See Chapter 19 Halacha 6 for the full details of this subject.]
Business: It is forbidden for the Onen to perform business during his period of Aninus/Aveilus, as explained in Chapter 19 Halacha 6 in length. See Q&A regarding if he may sell his business.
Housework:[4] An Onen may not perform unnecessary housework.
Q&A May an Avel “sell” his business to another for the period of Aveilus and have them continue doing the work [i.e. Heter Mechira]?[5] One may not do so during the Aveilus period[6], although one who is accustomed to do so during Aninus is not to be protested.[7] However, one who has a relative in the state of Goses may sell the business prior to his death. How to sell the business:[8] One is to perform a Kinyan Sudar with the buyer in order to finalize the transaction of the sale.[9] The buyer is to give the seller a vessel of any value. The moment that the seller acquires the item through taking/lifting it [i.e. Kinyan Meshicha], the business is acquired to the buyer in any area of the word that it exists. It is not necessary to have witnesses who witness 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, than one of the witnesses is to give an item that he owns to the seller/giver and have him acquire it as the Sudar/Chalifin transaction. After the conclusion of Shiva, the buyer is to “sell” back the business to the seller/Avel. |
[1] Rama 341:5; See Encyclopedia Talmudit Erech Aninus p. 70 *Source sheets
Other opinions: Some Poskim rule that an Onen is permitted in bathing as did David. [Rambam Avel 1:2; Maharitz Geios, brought in Tur ibid; Tosafus Moed Katan 23b, brought in Tur ibid; Shoneh Halachos 1:7, brought in Chida in Chaim Sheol 2:38 -46 and that so is custom in Egypt regarding haircuts; Sdei Chemed Aninus 4; Rav Mazuz in Yikara Dechayey; See Shmuel 2 12:20-25; Encyclopedia Talmudit ibid]
[2] Tur in name of Ramban in Toras Hadam p. 73, and Rabbeinu Peretz in Semak 97
[3] See Chasam Sofer 324 that the Beis Yosef agrees with this opinion; Pischeiy Teshuvah 341:23; Pnei Baruch Onen 17; Yalkut Yosef p. 162 [341:34] that so ruled his father Bepashtus and so is the ruling based on many Poskim; Implication of Beis Yosef ibid who writes “Vichein Naktinan Lehachmir”; Mahariy Molko in Shulchan Gavoa 341:31; Devar Moshe Y.D. 72; Chida in Chaim Sheol 2:38 -46 that custom is to be stringent; Beis Oveid p. 21; Eretz Chaim 341
[4] Darkei Hachaim 2:8; Nitei Gavriel 22:9
[5] 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
[6] 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]
[7] Chasam Sofer ibid; Chelkas Yaakov 1:131; See also Divrei Shaul 381
The reason: As it is usually considered a Davar Haved, 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]
[8] See Michaber and Rama C.M. 195:1
[9] See Teshuvah Meahava 3:341; Maharsham 3:318; Nitei Gavriel 22:7
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