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2. When does Aninus apply, begin, and end?
*Important note regarding beginning Shiva: Regarding whether the start of Shiva is dependent on the end of Aninus, it is clear from the Poskim[1] that while the laws of Aninus always ends before one begins Shiva, it is possible to have a limbo period where Aninus has ended, but Shiva has not yet begun.[2] Hence, whenever it is stated in this Halacha that there is no status of Aninus, it does not necessarily mean that they begin Shiva. In general, Shiva is only begun after the burial irrelevant of one’s Aninus status, with some exception, as explained in the Q&A below. See Chapter 13 Halacha 4-7 for the full details relating to the start of Shiva, and those cases where it begins even prior to burial.
A. General rule-The beginning and end:
The period of Aninus begins after [discovering] the passing of the relative and continues until after the burial [even if many days pass[3]].[4] After the burial, the laws of Aninus are lifted and the laws of Shiva begin to apply. This applies even if the burial occurred on the same day as the passing.[5] [Nevertheless, in certain cases, the laws of Aninus end even prior to burial, as will be explained.] As soon as they begin to throw the earth onto the body, the laws of Aninus end.[6]
Applies even not in the presence of the corpse:[7] The laws of Aninus apply even when one is not located together with the corpse, so long as it is still prior to burial.
Informed of death on Shabbos or Yom Tov:[8] If one became informed of the death of a relative on Shabbos or Yom Tov, then he is to practice all the laws of Onen relevant to Shabbos as explained in Halacha 22.
B. “Masruha Likatafim/מסרוה לכתפים”-The law in a case that another person is dealing with the burial arrangements:
Some Poskim[9] rule that the relatives who must mourn the deceased, enter into the state of Aninus even if the responsibility of burial is not on their shoulders, such as if one’s married sister passes away, in which case the burial arrangements is the responsibility and obligation of the husband. The same applies if the mourner delegated another person to deal with all the burial related matters, and even if all the preparations for burial have already been completed, nevertheless the laws of Aninus apply until burial.[10] However, other Poskim[11] rule that if there is someone delegated to deal with all the burial needs then certain laws of Aninus[12] do not apply to the relatives. According to this latter opinion, those areas that have a Chevra Kadisha that deal with the needs of the corpse and bury him, then after the relatives have performed all that is dependent on them, and have handed the remaining responsibilities to the Chevra Kadisha, then they may eat meat/wine even prior to the start of the funeral and subsequent start of mourning.[13] [They are certainly obligated in Mitzvos[14], with exception to Tefillin[15], although they remain subject to the other Aninus restrictions, such as the prohibition of marital relations, Torah learning, bathing, joy, and Sheilas Shalom.[16] However, he may leave his home and sit on a chair.[17]] Practically, the custom is like the first opinion, for the relatives to retain the full status of an Onen even if the Chevra Kadisha has taken over the work of burial.[18]
C. The law if the burial is taking place in another city or country:
If relative is in different city than deceased: Some Poskim[19] rule the relatives enter into the state of Aninus if they became aware of the death prior to burial, even if they are in a different city than the deceased, and even if other people are dealing with the burial arrangements.[20] However, some Poskim[21] rule that if there is someone else delegated to deal with all the burial needs, and certainly if the relative is in a different city and is thus unable to deal with the burial arrangements[22], then the laws of Aninus do not apply to that relative [and they rather follow the status brought in the previous Halacha].[23] Practically, the custom is like the first opinion to retain the full status of an Onen even if one is in a different city, and the Chevra Kadisha has taken over the work of burial.[24] [See Q&A regarding if one does not intend to participate in the funeral/burial.]
If deceased is being brought to another city for burial: Some Poskim[25] rule that in all cases that the corpse is being transferred to another city for burial, then if it is a two-day journey or more, the laws of Aninus do not apply until the corpse arrives to his city of burial. [Practically, from Admur[26] it is implied that one keeps the laws of Aninus from the time of death even in such a case, no matter how many days will pass during travel. Likewise, it is rare today in modern times of air travel, and direct flight options, for any destination to be a two-day travel.]
D. Unable to bury the corpse:
Corpse is not able to be buried:[27] If the deceased is unable to be buried, such as he passed away in prison, or died during travel, or was eaten by an animal, or drowned in a river [and the body cannot be retrieved] then so long as the relatives have not given up hope on retrieving the body, the relatives are not obligated in Aninus or Aveilus.[28] [They are even permitted in marital relations.[29]] The moment the relatives have given up hope in ever retrieving the body for burial, they are to immediately begin sitting Shiva and Shloshim from that day.[30]
Relative is unable to bury corpse:[31] If a relative is unable to bury the corpse, such as if he is in jail, then he does not have the status of an Onen. [The same applies if one is old, or sick, and is hence unable to help with the burial arrangements of the corpse.[32]]
| Summary:
The Aninus period begins with the discovery of the death of the relative and ends only after burial. This applies even if the relative is in a different city than the deceased, and even if the responsibilities of burial have already been handed over to others, [and even if several days will pass between the death and burial]. If, however, he is in a different city and does not plan to attend the funeral/burial-see Q&A. If it is not possible to bury the corpse, there is no state of Aninus and as soon as one gives up hope in ever being able to bury it, he is to begin the Shiva period right away.
Q&A If one plans to attend the funeral but does not plan to attend the burial, is he considered an Onen and when does he begin sitting Shiva?
Any relative who is in New York and will not be traveling to Eretz Yisrael for the burial, is to begin Shiva as soon as the flight which is carrying the coffin takes off from New York, or as soon as the relative leaves the New York funeral and returns home, unless the Halachic status of Gadol Habayis is applicable.[33] See Chapter 13 Halacha 7B for the full details of this matter!
If one does not plan to attend the funeral/burial and others are dealing with the burial needs, is he considered an Onen and when does he begin sitting Shiva?[34]
Some Poskim[35] rule the relatives enter into the state of Aninus even if they are in a different city than the deceased and do not plan to attend the burial, and even if other people are dealing with the burial arrangements. Their state of Aninus continues until they are informed of the completion of the burial, at which time they begin Shiva. Other Poskim[36], however, rule that if one will not be attending the funeral/burial, and all of the responsibilities of burial have been handed to others, such as the Chevra Kadisha, then the laws of Aninus do not apply.[37] [Practically, the Poskim[38] rule that the mourner does not enter into Aninus, and is to immediately begin Shiva even prior to the burial, and count the seven days of Shiva from the time of discovery of death and decision to not travel to the funeral.] If he will attend the funeral/burial: If he is out of town and plans to attend the funeral, and is not involved at all in the Levaya preparations, it is disputed in Poskim as to whether the person has a status of an Onen prior to arriving to the city of the funeral, as stated above, and the final custom is that he has the status of an Onen. See above! If is in same city but will not attend the burial:[39] If a relative will not be attending the funeral/burial, despite it being in the same city, he/she remains an Onen until after the burial. See Chapter 13 Halacha 7A for the full details of when the Shiva begins in such a case! |
[1] See Shach 340:13; Kitzur SHU”A 204:3 and many of the sources brought throughout this Halacha from where it is clear that such a limbo period does exist; See also Admur 71:1 that Aninus ends “as soon as they begin throwing the earth on the body” while in Michaber 375:1 we rule that Shiva only begins when the entire casket is covered with earth; Vetzaruch Iyun from Igros Kodesh 6:103 who implies that no Poskim rule that there exists a state where one is not an Onen nor an Avel in Shiva, as Shach ibid clearly rules that Aveilus does not yet begin.
[2] See Halacha B for the exact status of this limbo period and what is allowed and what is forbidden
[3] See Aruch Hashulchan 341:23
[4] Michaber 341:1; See Pnei Baruch Onen 9 in name of Rav SZ”A that if the burial is taking place the next day then at night, prior to going to sleep, he is obligated to recite Shema and Birchas Hamapil! Seemingly, this follows the logic of “Masruhu Lekatafim”, although according to the 2nd opinion and custom in Admur 71:1, certainly it is not to be recited.
[5] Shach 341:2; Bach; Semag
[6] Admur 71:1; M”A 71:1; Kitzur SHU”A 196:3; Nitei Gavriel 77:12; However, regarding Shiva, it only begins once the entire casket is covered with earth. [See Nitei Gavriel 133:1 footnote 1; Chapter 13 Halacha 1]
[7] Shach 341:1
[8] See Michaber 402:5 regarding Shemua Rechoka, and the same would apply regarding Aninus
[9] Stam opinion in Admur 71:1; Stam opinion in Michaber O.C. 71:1; Only opinion in Michaber Y.D. 341:1; Taz 71:1 [says final ruling of Michaber follows 341:1]; Rosh Brachos 55 and 3:3
[10] The reason: Although the reason behind the state of Aninus is so one’s mind be free to think of the needs of the deceased, and thus in the event that his needs are taken care of by others it seemingly should not apply, nevertheless, the Sages did not differentiate in their decree. [Admur ibid]
[11] 2nd opinion in Admur ibid; 2nd opinion in Michaber 71:1; Ravaya 58; Mordechai Brachos 3; Rabbeinu Tam; Chochmas Adam 153, brought in Pischeiy Teshuvah 341:21; Kitzur SHU”A 196:4; See Yosef Daas 341; M”A 548:8; Imreiy Yosher 1:51; Maharsham 2:260; Sdei Chemed p. 3456; Nitei Gavriel 14:4
The law if one is attending the funeral: Some Poskim rule that if the relative plans to attend the burial, it does not help even if the Chevra Kadisha took over and he thus remains an Onen. [Noda Beyehuda 211, brought in Pischeiy Teshuvah 341:21] Other Poskim argue. [See Matzeivas Moshe; Nitei Gavriel 16:10-11 footnote 12 and 14]
[12] Admur and Michaber ibid state this with regards to being allowed to recite blessings, pray and perform Mitzvos. Michaber 341:3 further adds that they may eat meat and drink wine. However, they remain prohibited in other matters such as Simcha, and bathing and the like. [Tur in name of Ramban, brought in Rav Akiva Eiger 341]
[13] Michaber 341:3 [Vetzaruch Iyun why this does not contradict what he said in 341:1 that even if others are taking care it does not help]; Yerushalmi Brachos 3; Shach 341:13 that this applies even though the Shiva will not yet begin until after the burial [Vetzaruch Iyun from Igros Kodesh 6:103 who states that no Poskim rule that there exists a state where one is not an Onen nor an Avel in Shiva, as Shach ibid clearly rules that Aveilus does not yet begin]; Chochmas Adam 153, brought in Pischeiy Teshuvah 341:21
The reason: As the responsibility is no longer on their shoulders. [Michaber ibid] Therefore they are no longer the status of an Onen, even though the mourning has not yet begun. [Shach 341:13]
Other cases of exemption according to this opinion: a) If the relative and corpse is on an airplane flying to the area of the burial, some Rabbanim rule the relative is not an Onen during the travel. [See Nitei Gavriel 14:5 footnote 13] b) Relatives in Eretz Yisrael on second day of Yom Tov if the corpse is in the Diaspora, and will not be buried on Yom Tov, some Rabbanim rule the relative is not an Onen on this second day. [So ruled to me Rav Y.L. Landau of Bnei Brak]
[14] Noda Beyehuda Tinyana 211; Rav Akiva Eiger 341; Pischeiy Teshuvah 341:21
[15] M”A 696:16; P”M 71 M”Z 5; Imrei Yosher 1:61; Daas Kedoshim 341:1; Lashon Chachamim; Maharam Shick Y.D. 340; Gesher Hachaim p. 176; Mishneh Halachos 4:144; Nitei Gavriel Aveilus 16:17; Piskeiy Teshuvos 38:6; Response of Rav Y.L. Groner “Regarding Tefillin, I did not hear any directive from the Rebbe on this, however the elderly Rabbanim Reb Shmuel Levitan, Reb Eliyahu Simpson, Reb Yisrael Jacobson and others said not to put on the Tefillin before burial but afterward’ s to put on both Rashi and Rabbeinu Tam”
The Rebbes custom: It is recorded that the Rebbe Rayatz wore Tefillin without a blessing after the passing of his mother on both Sunday and Monday, prior to the funeral taking place on Monday. [Toras Menachem Reshimos Hayoman p. 411] The Rebbe likewise wore Tefillin prior to the funeral of his mother, Rebbetzin Chana, and his wife Rebbetzin Chaya Mushka. [Heard from Rav Y. L. Groner]
Other opinions: Some Poskim rule it is permitted for the relative to wear Tefillin prior to the burial and start of Shiva, while his state of Aninus is suspended. [Elya Raba 696:11 brought in P”M 696 A”A 16 regarding Purim; However see Maharam Shick Y.D. 340 that Purim is an exception to the rule; See Mishneh Halachos 4:144; Nitei Gavriel 82:13]
[16] Tur in name of Ramban, brought in Rav Akiva Eiger 341, that all the restrictions involving joy and Taanug are forbidden; Perisha 341 adds bathing and anointing; Derech Hachaim adds marital relations, joy, and Sheilas Shalom; Imrei Yosher 1:61 adds Torah learning; See Kitzur SHU”A 204:3 and 196:5-6; Poskim in Nitei Gavriel 14:8 footnote 16 and 16:16 footnote 21; 134:3
[17] Nitei Gavriel 16 footnote 21
[18] Admur ibid [See Igros Kodesh 6:103 that this applies even if Masru Lektafayom]; Rashal, brought in Taz 71:2; Aruch Hashulchan 341:10; Noda Beyehuda Tinyana 211, brought in Pischeiy Teshuvah 341:21 that handing it over to the Chevra Kadisha is only of value if one does not plan to attend the funeral; Nitei Gavriel 16:10 and in p. 112 that so is the custom whenever the relative is in the same city and plans to attend the funeral; See Igros Kodesh 6:103 [brought in Shulchan Menachem 5:267 and Shaareiy Halacha Uminhag 3:136]; Directive received from Rav Asher Lemel Cohen
[19] Stam opinion in Admur 71:1; Michaber 341:1 as explained in Shach 341:5; Taz 71:1; Rosh Brachos 55 and 3:3; Aruch Hashulchan 341:10; See Nitei Gavriel 14:1
[20] The reason: As the Sages did not differentiate in their decree. [Admur ibid]
[21] 2nd opinion in Admur ibid; Bach 71 and 341 and Rabbeinu Tam, brought in Shach 341:5; Ravaya 58; Mordechai Brachos 3; Kitzur SHU”A 196:4; Yosef Daas 341; M”A 548:8; Imreiy Yosher 1:51; Maharsham 2:260; Sdei Chemed p. 3456; See Nitei Gavriel 14:1 and 4
The law if one is attending the funeral: Some Poskim rule that when accompanying the Meis to the city, it does not help that he is currently in a different city, and thus one who is in the same city as the Meis is always an Onen even if the Chevra Kadisha took over. [Noda Beyehuda 211, brought in Pischeiy Teshuvah 341:21]
[22] Rabbeinu Tam and Bach hold that so long as there are relatives in the city of the deceased who are obligated to mourn him, then all relatives of foreign cities are exempt. [Shach ibid]
[23] What is the status of these relatives? These relatives may eat meat/wine [and are certainly obligated in Mitzvos, although they remain subject to the other Aninus restrictions] even prior to the start of the funeral and subsequent start of mourning. [See Poskim in previous part of this Halacha regarding “If another person is dealing with the burial arrangements”; Shach 340:13 states that they do not begin Aveilus; Vetzaruch Iyun from Igros Kodesh 6:103 who states that no Poskim rule that there exists a state where one is not an Onen nor an Avel in Shiva, as Shach ibid clearly rules that Aveilus does not yet begin]
[24] Admur ibid; Aruch Hashulchan 341:10; Noda Beyehuda ibid regarding all cases that one plans to attend the funeral; Directive received from Rav Asher Lemel Cohen
Other rulings of today’s Rabbanim: Some rule like the lenient opinion that there is no status of Onen until he reaches the city of the funeral, although he may not put on Tefillin. [Nitei Gavriel 14:2; and 16:3 in Kuntrus; Rav Y.S. Ginzberg in an email correspondence;] See Igros Kodesh 6:103 [brought in Shulchan Menachem 5:267 and Shaareiy Halacha Uminhag 3:136]
[25] Rama 341:3; Rabbeinu Yona; See Aruch Hashulchan 341:23
[26] So is implied from 1st opinion in Admur 71:1 and that so is the custom
[27] Michaber 341:4; Rambam; Tur in name of Riy
If the burial is delayed due to government regulations: If the burial is delayed due to government regulations, then some Poskim rule that he nevertheless has the status of an Onen throughout the days of the delay, as he is nevertheless able to prepare the Tachrichin and other matters for the burial. [Noda Beyehuda Tinyana 211, brought in Pischeiy Teshuvah 341:22; Poskim in Nitei Gavriel 11 footnote 6] Other Poskim however rule he is not an Onen until the day of burial arrives. [Maharam Shick 340; Poskim in Nitei Gavriel 11 footnote 7]
[28] The reason: As Aninus only applies once the corpse is placed before the relatives [and is able to be buried] and in such a case the corpse is not considered to be lying before them. [Shach 341:13]
[29] Rav Akiva Eiger 341 in name of Rosh
[30] For example, if the deceased was in prison and the government refuses to release the body to the relatives under any circumstances, then the relatives are to immediately begin Aveilus. If, however, the government is requesting a ransom to redeem the body, then even if they are requesting a large sum of money, it is considered that they have not given up hope, as the government may go down in price. [Shach 341:15]
[31] Michaber 341:4; Rambam; Tur in name of Riy
[32] See Nitei Gavriel 16:13
[33] See Michaber 375:2
[34] For general knowledge on this subject see Nitei Gavriel Aveilus chapter 11:3 and chapter 14:2-3; 133:10; 15; Shaareiy Halacha Uminhag 3:136; Koveitz Habracha 8 for an answer of Rav Farkash; Shearim Hametzuyanim Behalacha 196:5
Background: The case under discussion in the Michaber 375:2, brought in the previous Halacha, is with regards to one who attended the funeral, escorted the deceased relative, and then returned home while the deceased traveled to its destination country for burial. The question is thus asked regarding the law in a case where the relative is not found in the area of the deceased and will hence not be attending neither a funeral or burial, and will not be escorting the deceased. Do we say that in such a case there is no “Chazaras Panim” and hence no basis to begin the Shiva prior to burial, or do we say that it makes no difference? Practically, this matter is dependent on the dispute recorded regarding whether a person is an Onen in such a situation, and if Shiva begins right after Aninus ends, without any limbo period in-between.
[35] Stam opinion in Admur 71:1 and that so is custom [as writes Rebbe in Igros Kodesh 6:103 that in such a case according to Admur ibid one remains an Onen until burial]; Michaber 341:1 as explained in Shach 341:5; Taz 71:1; Rosh Brachos 55 and 3:3; Aruch Hashulchan 341:10 “Practically, we must rule like the Tur and Michaber and therefore if one was informed by telegram of the death of his relative, he remains an Onen until after the estimated time of burial”; See Meishiv Davar 2:72 that the law stated in Michaber 375:2 that one begins Aveilus early if not attending the burial only applies if one escorted the deceased from his city; See Shaareiy Halacha Uminhag ibid
[36] The following Poskim rule this way whenever the needs of the corpse have been handed to another: Michaber 341:3; Bach brought in Shach 341:5; 2nd opinion in Admur 71:1; The following Poskim rule this way whenever the relative is not in the same city as the corpse: 2nd opinion in Admur ibid; Bach 71 and 341 and Rabbeinu Tam, brought in Shach ibid; Ravaya 58; Mordechai Brachos 3; The following Poskim rule this way whenever the relative is both not in the same city as the corpse and others are taking care of the burial needs and he does not plan to attend the funeral: Noda Beyehuda Tinyana 211, brought in Pischeiy Teshuvah 341:21; So rules also Kitzur SHU”A 196:4; Yosef Daas 341; M”A 548:8; Imreiy Yosher 1:51; Maharsham 2:260; Sdei Chemed Aveilus 14 p. 3456; Igros Moshe Y.D. 1:253; Shevet Halevi 3:168; Cheishev Haeifod 2:152; Sefer Kol Bo [Greenwald]; Rav Pesach Tzvi Frank, brought in Chazon Lamoed; Nitei Gavriel 14:4; 16:2 in Kuntrus; 133:10; 15
[37] Regarding when they should start Shiva according to this latter opinion-see Chapter 13 Halacha 7B for the full details and opinions of when a nontraveler begins Shiva. The final ruling of that discussion has been recorded here in the brackets.
[38] Maharsham 2:260; Sdei Chemed Aveilus 14 p. 3456; Sefer Kol Bo [Greenwald] in name of Maharsham ibid; Teshuvah Sheliam 2:20; Igros Moshe Y.D. 1:253 “They begin mourning immediately since they will not be traveling with them”; Shevet Halevi 3:168 “The main opinion is to begin Shiva immediately upon receiving knowledge”; Cheishev Haeifod 2:152; Chelkas Yaakov 1:108; Eidus Yisrael 51 that so ruled Rav Henkin; Chazon Lamoed 11 that so ruled Rav Pesach Tzvi Frank; Rebbe in Igros Kodesh 6:103 [brought in Shulchan Menachem 5:267 and Shaareiy Halacha Uminhag 3:136] where the Rebbe states regarding the passing of his brother in 1952 that “I followed the ruling of the Achronim that one begins Aveilus immediately”; Nitei Gavriel 133:10 and 15 footnote 19 and 26-27 that so rule the Gedolei Haposkim in Eretz Yisrael and the Diaspora [however it is unclear if his intent is even in a case where one is also not attending the funeral]; Rav Yaakov Roza, head of Chevra Kadisha in Eretz Hakodesh; So ruled to me Rav Asher Lemel Cohen via Telephone; Rav Yosef Simcha Ginzberg in email answer; See Yabia Omer 4:28
Wearing Tefillin: See Imrei Yosher ibid, Yabia Omer ibid and Nitei Gavriel 133:16 who write not to put on Tefillin until after the burial. However, accoridng to the Chabad custom, one may wear Tefillin even that day, and so was done by the Rebbe. [See Chapter 18 Halacha 3]
[39] Aruch Hashulchan 341:10; See Nitei Gavriel 16:12 footnote 14 for other opinions who say that the state of Aninus ends even prior to the burial, after the funeral. See Shach 375:1 and 10 in implication of Michaber 375:2 and Rama 375:7 that the Shiva does not begin until the burial is complete.
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