3. Burying on Shabbos and Holidays:[1]

A. Shabbos and Yom Kippur:[2]

It is forbidden to bury on Shabbos or Yom Kippur even through the help of a gentile. Thus, one who passed away on Shabbos, or on Erev Shabbos without enough time to perform a burial, is to be buried after Shabbos. The same applies regarding Yom Kippur

Moving the corpse: The dead body of a person is Muktzah on Shabbos and is thus forbidden to be moved[3] with exception to the following cases [See Chapter 2 Halacha 8 for the full details of this subject]:

1. Irregularity:[4] It is permitted in all cases to move a corpse using a Shinuiy/irregularity, such as moving the bed using one’s leg and the like.
2. Save from fire: One may move a body on Shabbos to prevent it from getting burned through placing a non-Muktzah item on it or next to it, and then moving both the body and the item.[5] If necessary, it may be moved even into a Karmalis.[6] It may not be moved into a Reshus Harabim[7] even through a gentile.[8]
3. Moving the body to prevent erosion: One may move a body on Shabbos to prevent it from eroding, such as if it is in the heat or sun, through placing a non-Muktzah item on it or next to it and then moving both the body together with the item that is on it.[9] If it is impossible to prevent erosion otherwise, then the body may be moved into a Karmalis together with the permitted item.[10] It may not be moved into a Reshus Harabim[11] even through a gentile.[12]
4. Moving the body in order to remove its odor from the house:[13] If the body is giving off a bad odor and there are people in the home, then if the people have no other house/room to move to, one may move the body even through a Karmalis, together with a permitted item, into another house.
5. Moving the body out of respect for the dead:[14] If the body is lying in disgrace in front of other people, then if the people have no other house/room to move to, one may move the body even through a Karmalis, together with a permitted item, into another house.

Being buried on Erev Shabbos saves from Chibut Hakever:[15] The Arizal states that one who is buried on Erev Shabbos after the fifth hour into the day will not have to go through the Chibut Hakever purgatory.

B. Yom Tov:[16]

First day Yom Tov: It is forbidden for a Jew to perform [Biblically] forbidden Melacha for the sake of burial [i.e. digging, filling the grave] on the Biblical day of Yom Tov, which is the first day of Yom Tov in the Diaspora.[17] It is, however, permitted for one to have a gentile do these Melachos on one’s behalf. Thus, if a Jew passes away on Yom Tov, or before Yom Tov without enough time to bury him, he is to be buried on Yom Tov through the work of a gentile, and it is forbidden to delay his burial until the nighttime.[18] The gentile is only required to perform the Biblical Melachos, such as digging and filling the grave[19], however, the Rabbinical prohibitions [i.e. moving the Muktzah body] may be performed by the Jew.[20]

Second day Yom Tov:[21] It is permitted to bury a Jew on the second day of Yom Tov, including even the second day of Rosh Hashanah[22], just as one does during the week, and it is considered like Chol Hamoed in all regards. One may thus dig the grave, fill it, cut a myrtle branch in his honor, make the casket, and do any matter for his honor, even directly, without the use of a gentile.[23] This may be done by any Jew, even if they are not officially part of the Chevra Kadisha.[24] One may not, however, do prohibited actions which are not readily apparent to the public that they are being done for the sake of the deceased, such as to walk outside the Techum, due to Maras Ayin.[25] From the letter of the law, all the above actions of burial may be done by a Jew even if a gentile is available to do so on one’s behalf, and it is even preferred for a Jew to do so rather than a gentile.[26] Nonetheless, the widespread custom in amongst Ashkenazi Jewry is to have a gentile do all the Biblically forbidden actions, if he is available. If a gentile is not readily available, then a Jew is to perform all the actions, as stated above from the letter of the law. Even if a gentile is available, all the Rabbinical actions may be done by a Jew, such as warming up the water, and placing the body into the grave.[27] The above allowances to break Yom Tov for the sake of burial of a Jew, only applies if one plans to bury the Jew that day, on Yom Tov, otherwise, it is forbidden to perform any actions on his behalf, even through a gentile.[28] However, it remains permitted to move the body even in such a case, if there is a need to do so, and one places a non-Muktzah item on the body.[29] It is permitted to desecrate the second day of Yom Tov for the sake of retrieving the body of a Meis Mitzvah, a body which is lying in the field, even if the burial will not take place that day.[30]

Funeral on Yom Tov:[31] It is permitted [and a Mitzvah] to participate in a funeral on Yom Tov, whether the first day or second day. On the first day of Yom Tov, this is only permitted if it is taking place within the Techum. However, on the second day of Yom Tov in the Diaspora, it is permitted to participate in a funeral even if it is taking place outside of the Techum. In such a case, the participants are allowed to return to their homes after the funeral.[32] The participants, however, may not break Yom Tov for the sake of participating in the funeral, and hence they may not [drive there in a vehicle, or] ride on an animal.[33] This applies even on the second day of Yom Tov in the Diaspora.[34]

Burying in another city:[35] If a deceased had requested to be buried in a cemetery which is in another city, and the current city contains a cemetery, then Yom Tov may not be desecrated on behalf of this burial, and all the preparations are to wait until Motzei Yom Tov.

Keriah:[36] Even when a funeral and burial is taking place on Yom Tov, the relatives do not perform Keriah until Motzei Yom Tov. [If the burial took place on the first days of Pesach or Sukkos, then the Keriah is not to be done on Chol Hamoed, and is rather done on Motzei Achron Shel Pesach or Motzei Simchas Torah.[37]]

Seudas Havraah:[38] The Seudas Havraah is not served on Yom Tov even if the burial took place that day.

Calculating Shiva: In the event that the burial took place on Yom Tov, see Volume 2 Chapter 27 Halacha 5 for the full details of when and how to count the Shiva and mourning period in such a case!

 

C. Chol Hamoed:[39]

It is permitted to bury regularly on Chol Hamoed, just as is done during the week. See Volume 2 Chapter 27 Halacha 4 for the full details of this matter!

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[1] See Shulchan Aruch 311 and 526; Pnei Baruch Chapter 6

[2] See chapter 311; M”B 526:17; Pnei Baruch 6:11

[3] Admur 311:1

[4] See Admur 308:14 and “A Semicha Aid for learning the laws of Shabbos” The laws of Muktzah Chapter 1 Halacha 3 for a full discussion on this topic; See Daas Kedoshim Y.D. 352; Nitei Gavriel 7:1

^[5] Admur 311:1

^[6] Admur 311: 2

^[7] Admur 311:5

^[8] Admur 311:6

^[9] Admur 311:3

^[10] Admur 311:4

^[11] Admur 311:5

^[12] Admur 311:6

[13] Admur 311:4

[14] Admur 311:4

[15] See Shaar Hagilgulim Hakdama 23; Toras Menachem 19:31 [brought in Shulchan Menachem 5:324]

[16] See Admur 526:1-22

Burying a Nefel: A Nefel may not be buried on Yom Tov, whether the first or second day, even through the help of a gentile. [See Admur 526:19-20; Pnei Baruch 6:10; Nitei Gavriel 135:23] The definition of a Nefel in this regard is a child who died within thirty days of birth and was born prior to the completion of nine months, or is in question as to after how many months he was born, and has not yet fully developed nails and hair. If, however, the child had fully developed hair and nails, then we assume that it is not a Nefel even if he died within thirty days after birth.  [Michaber 526:9 and Admur 526:19 that if the child’s nails and hair are complete, and he does not need to be circumcised, and we do not know for certain that he is not a full term baby, then he may be buried on Yom Tov; However see M”A 526:19 who argues that the child is a Nefel even in such a case; See Chapter 10 Halacha 1 and 6] Nonetheless, a child who needs to be circumcised is not buried on Yom Tov, whether the first or second day, even if he is not a Nefel. [Admur ibid]

[17] Admur 526:1

The reason: as the positive command of burial does not negate the negative and positive command of Yom Tov. [Admur ibid]

[18] Admur 526:2; M”A 548:7 and Levushei Serud ibid

Other opinions: Some Poskim rule one may choose to delay the burial until the next day in order for Jews to perform it. [Nitei Gavriel Yom Tov 50:4 in name of: Rashal Beitza 1:10; Kneses Hagedola; Elya Raba; Chemed Moshe 2; Mor Uketzia; Olas Shabbos Chochmas Adam 170:1; Kitzur SHU”A in Lechem Hapanim 200]

[19] Admur ibid; See Taz Y.D. 399:7 that it is completely forbidden for any Jew to help fill the grave with earth due to the Biblical prohibition of Boneh, and those who are accustomed to do so are to be made aware of this

[20] Admur 526:3

Other opinions: Some Poskim rule that a Jew may not perform even the Rabbinical prohibitions on behalf of the deceased. [See M”B 526:12; Pnei Baruch 6:1]

[21] Admur 526:6-11

[22] Admur 526:6; 496:5

[23] Admur 526:6

[24] Admur 526:11

[25] Admur 526:7

[26] Admur ibid that specifically a Jew should do it

[27] Admur 526:9

[28] Admur 526:10

[29] See Admur ibid for a dispute on whether one may move the body if one does not intend to bury it that day, and his conclusion is that for a need, with a non-Muktzah item, it is permitted; See Chapter 2 Halacha 9 for the full details of this matter!

[30] Admur 526:17

[31] Admur 526:15-16

When should the funeral take place? See Admur 526:22 that it should take place before Shacharis, and if not possible then after Shacharis, before the meal. See Pnei Baruch 6:7

[32] Admur 526:15

[33] Admur 526:16; See there regarding if the gravediggers and other people dealing with the funeral and carrying the body, may travel by car.

[34] Admur ibid

[35] Admur 526:18

[36] Admur 526:21; Michaber 401:4

[37] M”A 547:3 in name of Maharam; Mishneh Lemelech, brought in Pischeiy Teshuvah 340:11; Nitei Gavriel 61:6

[38] Michaber 401:4

[39] See Michaber 547; Pnei Baruch 6:12