3. When is considered the first day of Shiva for the count of seven days?

Beginning the Shiva customs before sunset/nightfall:[2] Some Poskim[3] rule that although the laws and customs of Aveilus begin to apply as soon as the body is covered with earth, as explained above, nevertheless, it is not considered that one has begun Shiva until he actually follows through in fulfilling some of these customs [i.e. removing the leather shoes; sitting on allow stool]. Thus, for example, if after the burial the relative remained standing near the grave for one hour without doing anything, his personal count of Shiva has not yet begun. The practical ramification is in a case that the burial is taking place close to sunset/nightfall, in which case if one does not begin the customs of Shiva before nighttime, he will lose counting that day as the first day of Shiva. [Thus, it is advisable that before leaving the cemetery, the mourners sit on a low stool or bench, formally initiating the Shiva mourning process. This especially applies when the burial is taking place by sunset, or Bein Hashmashos, in which case one is to quickly begin the custom of Shiva as soon as the body/casket is covered with earth.[4]] However, other Poskim[5] rule that the Shiva begins immediately after leaving the area of the burial even if one did not actually begin doing any of the customs of Shiva, such as the burial took place close to Shabbos [or nighttime] and the relatives went straight to Shul afterwards [without removing their shoes, or sitting on the ground].[6] Practically, Bedieved one may be lenient like this latter opinion to count the Shiva from that day even if one did not practice any of the Shiva customs, although initially he is to be stringent to remove his shoes or sit on the floor.[7] [Nevertheless, in the event that he did not even leave the area of the grave until nightfall, then seemingly all would agree that he cannot count that day as the first day of Shiva.[8]]

Buried Bein Hashmashos:[9] If the burial [covering of the body with earth] was completed during Bein Hashmashos, past sunset but prior to nightfall, Bein Hashmashos is considered like day and the first day of Shiva is counted from that day.[10] [For example, if the burial was completed on Sunday afternoon during Bein Hashmashos, then Sunday is the first day of Shiva and they get up from Shiva on Shabbos.] Lechatchila, the Avel is to do some act of Aveilus prior to nightfall, such as sitting on the ground or removing his leather shoes. Nevertheless, even if he didn’t do any act of Aveilus prior to nightfall, Bein Hashmashos is counted as the first day of Shiva.[11]

Davened Maariv after Plag Hamincha:[12] One who Davened an early Maariv prior to being informed of the death[13], begins counting Shiva [and Shloshim] from the next day, and that day does not count as part of Shiva [or Shloshim]. [Thus, even if the burial took place before nightfall, he only begins the Shiva and Shloshim from the next day. The same applies if he will begin Shiva prior to the burial, such as if he does not plan to attend the burial, as explained in Halacha 7, that he begins from that night if he already Davened Maariv beforehand. The same applies regarding a Shemua Kerova, as explained in Halacha 8F!]

Beginning Shiva on Shabbos:[14] Shiva can never begin on Shabbos, being that one cannot bury on Shabbos, with exception to the following three cases in which the burial took place before Shabbos and the discreet laws of Shiva were kept on Shabbos: 1) A Shemua Kerova, in which one first heard of the death and burial on Shabbos [see Halacha 8E]. 2) If the burial took place during Yom Tov or Chol Hamoed, and the last day of Yom Tov is on Erev Shabbos, or if the last day of Yom Tov in the Diaspora is Shabbos, then the first day of Shiva is counted from Shabbos. In the Diaspora, and by the two days of Rosh Hashanah, if the last day of Yom Tov is on Erev Shabbos, then the second day of Yom Tov and Shabbos both count as two days of Shiva, and they hence only keep five days of Shiva afterwards. [See Chapter 27 Halacha 5A] 3) If the burial took place on Erev Shabbos and one did not have enough time to leave the cemetery and sit Shiva before Shabbos, the count of Shiva would at the very least begin from Shabbos [if one kept the discreet laws of Shiva]. 4) If one heard about the death on Shabbos but does not plan to attend neither the funeral or burial, and the arrangements for the burial are being taken care of by somebody else and the burial is taking place in another country.

Beginning Shiva on Yom Tov: See Halacha 11 for cases in which the count of Shiva begins on Yom Tov!

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[1] See Shulchan Aruch 375; Pnei Baruch Chapter 8; Nitei Gavriel Chapter 133-134

[2] See Nitei Gavriel 133:7-8

The law by a Shemua Kerova: Seemingly, the above Poskim who require the keeping at least some Shiva laws prior to sunset, only require it in the case that one attended the burial, however, if one discovered the death later on [i.e. Shemua Kerova], then even if he did not keep any laws of Aveilus on that first day, it counts as the first day, as rules Michaber 396:2. [See Halacha 9 and Igros Moshe Y.D. 3:158-2]

The law if one is not attending the burial: See Halacha 7 regarding those cases that a person is to begin Shiva even before the burial, and the question is asked whether they must begin at least some Shiva laws on that day for it to count as day one, as perhaps the requirement of keeping some Shiva laws on first day is only in a case that one attended the burial, as opposed to a if one will not attend the burial. [See Radbaz 63 regarding those who stayed home nevertheless count the day before sunset as day one; See Igros Moshe Y.D. 3:158-2 regarding Shemua Kerova] However, see Igros Moshe ibid that if the first day of hearing was the day of death, then it never counts as the first day if one was negligent to not keep Aveilus. Practically, upon being asked such a scenario [that she was not flying to the funeral/burial and the death was yesterday], I answered like the Igros Moshe ibid that the day of death does not count as the first day, and she should count only from the second day and onwards, if no Aveilus laws were kept on the first day.

[3] See Pischeiy Teshuvah 375:1 in name of Derech Chaim; Halef Lecha Shlomo Y.D. 318 and Kinas Sofrim Hashmatos 318; See Nitei Gavriel 133 footnote 1

[4] See Halef Lecha Shlomo ibid

[5] Beir Heiytiv 375:11 in name of Maharanach 2:51; Gilyon Maharsha 375; Daas Kedoshim 375; Aruch Hashulchan 375:19

[6] The reason: As the act of returning from the burial is itself considered the start of Aveilus. [Poskim ibid] This is not similar to Yom Tov, in which we rule that one must practice some actual custom of Shiva for it to count and be nullified by Yom Tov, as in such a case it is only one day being nullified, and hence a full practice of Shiva is not necessary. [Aruch Hashulchan ibid]

[7] Nitei Gavriel 133:8; See however Igros Moshe Y.D. 3:158-2 that if the first day of Shiva [i.e. day of burial] was also the day of death, then it never counts as the first day if at least some Shiva laws were not kept

[8] Implication of all Poskim in lenient opinion who explicitly write that “Hapichas Pneihem” is considered the start of Shiva and hence if even that he did not do, Shiva does not begin even according to them.

[9] Radbaz 268 Chadashos, brought in Pischeiy Teshuvah 375:5, regarding Shemua Kerova; Pnei Yehoshua Y.D. 2:37; Dvar Moshe 1:7; Chochmas Shlomo 375:1; Chaim Bayad 125:71; Gesher Hachaim 19:4-1; Shevet Halevi 6:184; Pnei Baruch 8:10; Poskim in Nitei Gavriel 123:13; See Mishmeres Shalom Taf-50 that he questions whether the Avel may wear Tefillin with a blessing on the next day.

[10] The reason: As the state of Bein Hashmashos is a Safek, while the laws of mourning are Rabbinical, and Safek Derabanan Lekula. [Poskim ibid]

[11] Pnei Baruch 8:10 and footnote 3; Nitei Gavriel 133:7

[12] Michaber 375:11 in name of Yeish Mi Shemoer; 402:11 as Stam; Shach 375:16 [unlike Levush]; Taz 402:9; Kitzur SHU”A 204:10

Discovered death after accepting Shabbos: See Tuv Taam Vadaas 2:215; Nitei Gavriel 133:14

Congregation Davened Maariv, but not individual: Then it is still considered day for him, and he counts Shiva from that day. [Shach 375:14; Implication of Michaber ibid; Mordechai; Mahshal 81; Bach; Terumas Hadeshen 248; Gevuras Anashim 13; See Rama 196] This applies to both a man and woman. [Shach ibid; Degul Merivava ibid; Unlike Rashal ibid who is Machmir by a woman]

[13] Davened Maariv after the burial, prior to starting any of the laws of Shiva while it is still daytime: See Nitei Gavriel 133:7 based on Michaber ibid that he begins counting Shiva from the next day, and that day does not count as part of Shiva; Vetzaruch Iyun, as in the case here, he knew of the death and burial prior to Davening Maariv, and hence perhaps those interim moments can Bedieved be considered the first day of Shiva even if he did not yet do any of the customs. Vetzaruch Iyun, as perhaps this only applies if one was by the burial and left the area, in which case we say that Bedieved Chazaras Panim is considered like accepting Aveilus. If, however, one was at home when he discovered the burial, and then Davened Maariv before doing any customs of Aveilus, then even Bedieved he would lose that day according to Michaber ibid. Vetzaruch Iyun!

[14] See Michaber Y.D. 402:10; 399:1; O.C. 548:17; Teshuvos Bach 9, brought in Pischeiy Teshuvah 399:5 and Shaareiy Teshuvah 548:2; Nitei Gavriel 119:3 in name of Bach 389