4. Days in which eulogies are not given:[1]

A eulogy is not to be recited on any day that Tachanun is omitted.[2] One may not even recite words of praise for the Niftar, as doing so can lead to eulogizing him.[3] [However one may say words of Torah to arouse the public.[4] [This prohibition applies even towards the children, and other relatives of the deceased.[5] However, some Poskim[6] lean to permit the relatives who are an Onen to recite a Hesped on these days.[7] Practically, this is not the accepted ruling.[8]]

A Torah scholar: If the deceased is a Torah Sage, and his body is present, which means that it is still prior to burial[9], then a eulogy may be said even on a day that Tachanun is omitted [even if the body is not present in the area where the eulogy is taking place[10]].[11] This applies even if the Torah scholar is not of the greatest caliber.[12] [Some Poskim[13] rule that the wife of a Torah scholar has the same status as a Torah scholar in this regard.] The day of a Shemua Kerova/Rechoka has the same status as prior to burial regarding a Torah scholar, and hence a eulogy may be said on that day.[14]

The following is a list of days and their law:

• Shabbos:[15] It is forbidden to give a Hesped on Shabbos [even for a Torah scholar[16]]. It is likewise forbidden to give a eulogy on Erev Shabbos, after midday [unless the deceased was a Torah scholar[17]].[18]
• Yom Tov: It is forbidden to give a Hesped on Yom Tov even for a Torah scholar.[19] [This applies even on the 2^nd day of Yom Tov in the Diaspora.[20]] It is likewise forbidden to give a eulogy on Erev Yom Tov, after midday [unless the deceased was a Torah scholar[21]].[22]
• Erev Yom Kippur:[23] A eulogy is not given on Erev Yom Kippur [even before midday] unless the deceased was a Torah scholar.
• Chol Hamoed:[24] It is forbidden to give a eulogy on Chol Hamoed and hence one does not eulogize the Niftar. This is with exception to giving a eulogy for a Torah scholar, who is present, prior to burial.[25] [Some Poskim[26] however rule it is forbidden to eulogize even a Torah scholar.]
• Rosh Chodesh:[27] One does not say a Hesped on Rosh Chodesh[28], unless the person is a Torah Sage, and his body is present [i.e. prior to burial] at the time of the Hesped.[29] Some opinions[30] rule that a Hesped should not be said even on the night of Rosh Chodesh. [Some Poskim[31] rule it is forbidden to eulogize on Erev Rosh Chodesh, starting from midday. Other Poskim[32] however rule it is permitted to eulogize and say Tziduk Hadin on Erev Rosh Chodesh even past midday.]
• Chanukah:[33] One may not recite a eulogy during Chanukah unless the person is a Torah Sage, and his body is present [i.e. prior to burial] at the time of the Hesped. [Some Poskim[34] rule it is forbidden to eulogize on Erev Chanukah, starting from midday. Other Poskim[35] however rule it is permitted to eulogize and say Tziduk Hadin on Erev Chanukah even past midday.]
• Purim:^[36] It is forbidden to deliver eulogies on the 14^th or 15^th of Adar [unless the person is a Torah Sage, and his body is present at the time of the Hesped]. This applies in all places and to all Jews, whether they are inhabitants of a city that is celebrating Purim on the 14^th or a city that is celebrating Purim on the 15^th.
• Days before and after Purim:^[37] It is permitted to give a eulogy on the days before and after Purim. [Some Poskim[38] rule it is forbidden to eulogize on Erev Purim, starting from midday.]
• Purim Katan:^[39] It is forbidden to give a eulogy on the 14^th and the 15^th of Adar Rishon [unless the person is a Torah Sage, and his body is present at the time of the Hesped]. [Some Poskim[40] rule it is forbidden to eulogize on Erev Purim Katan, starting from midday.]
• Nissan:[41] Eulogies are not given throughout the month of Nissan, unless the deceased is a Torah Sage, and it is still prior to burial. This applies even if the Torah scholar is not of the greatest caliber.
• 15^th of Shevat:[42] Eulogies are not given on the 15^th of Shevat [unless the person is a Torah Sage, and it is prior to the burial]. [Some Poskim[43] rule it is forbidden to eulogize on Erev 15^th of Shevat, starting from midday.]
• Lag Baomer:^[44] Eulogies are not given on Lag Baomer [unless the person is a Torah Sage, and it is prior to the burial]. [Some Poskim[45] rule it is forbidden to eulogize on Erev Lag Baomer, starting from midday.]
• Pesach Sheiyni:^[46] Eulogies are not given on Pesach Sheiyni [unless the person is a Torah Sage, and it is prior to the burial] [Some Poskim[47] rule it is forbidden to eulogize on Erev Pesach Sheiyni, starting from midday.]
• Tishe Beav:[48] It is permitted to give a eulogy to a Torah scholar on Tishe Beav. [It is questionable whether a eulogy may be given to other people on Tishe Beav.[49]]
• 15^th of Av:[50] Eulogies are not given on the 15^th of Av [unless the person is a Torah Sage, and it is prior to the burial]. [Some Poskim[51] rule it is forbidden to eulogize on Erev 15^th of Av, starting from midday.]
• Isru Chag:[52] Eulogies are not given on Isru Chag [unless the person is a Torah Sage, and it is prior to the burial].
• From Rosh Chodesh Sivan until the 12^th of Sivan:[53] Eulogies are not given from Rosh Chodesh Sivan until the 12^th of Sivan [unless the person is a Torah Sage, and it is prior to the burial].
• From Yom Kippur until the 2^nd day of Mar-Cheshvan:[54] Eulogies are not given from Yom Kippur until the 2^nd of Mar Cheshvan, [unless the person is a Torah Sage, and it is prior to the burial]. [However, some[55] write eulogies may be given starting from after Sukkos.]

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[1] See Nitei Gavriel chapter 52

[2] Rama O.C. 420:1 and Y.D. 401:6 regarding Tziduk Hadin and the same applies even more so to a Hesped [See Taz 420:1 that a Hesped is more severe than Tziduk Hadin as Tziduk Hadin is “not a eulogy but recognition and acceptance of the Divine decree” and hence some opinions allow Tziduk Hadin; See also M”A 548:8 that one may not even say praise of the dead because this can lead to a eulogy.]; Admur 429:8 regarding the month of Nissan; Chochmas Adam 169:25 [unlike Chayeh Adam 118:7]; Kaf Hachaim 420:1; Nitei Gavriel Aveilus 52:3

[3] M”A 547:8

Seemingly, the definition of a eulogy to is to bemoan the loss of the person, to state his greatness and praises and bemoan this loss, such as to say “Woe onto us that we have lost such a great man of stature who would do Mitzvos with such care”

Other Poskim: Some Poskim rule that one may recite words of praise as we do not prohibit matters that may lead to Hesped if they involve Kevod Hameis. [Derushei Tzelach 31, brought in Nitei Gavriel 52 footnote 18]

[4] Poskim in Nitei Gavriel 52:4 and 6 footnote 12 and 18

[5] Chol Hamoed Kehilchasa 12:17 footnote 30 that so is implied from all Setimas Haposkim; See M”B 547:2 regarding thirty days before the festival “It makes no difference if this person is a non-relative, or a mourner”; Rav Yaakov Roza [Rav of Chevra Kadisha in Eretz Yisrael] related to me that we do not follow the opinion of the Igros Moshe and there is no way he can allow a Hesped during the Moed even of the children.

[6] Igros Moshe O.C. 1:165 writes “My opinion leans to permit, although Tzaruch Iyun Ledina”

[7] The reason: As the Onen is obligated in crying for the first three days, and even women are Meonos during the Moed [Michaber 547:2] although he concludes with a Tzaruch Iyun. [ibid]

[8] Rav Yaakov Ruza ibid

[9] So is implied from all Poskim in next footnote that the body must be actually present. However, see Admur 429:8 [based on Rambam Yom Tov 6:22 and Avel 11:5] that the definition of “present” is “prior to the burial”, and implies that even if the body is not present, a eulogy may be given prior to the burial. So is also implied from Michaber Y.D. 401:5 who equates even a Shemua Rechoka to Befanav!

[10] See Admur ibid in previous footnote

[11] Michaber Y.D. 401:5; O.C. 670:3; Admur ibid “in the presence of the body, prior to the burial”; Taz and M”A ibid; Chochmas Adam 165:25 [unlike Chayeh Adam 118:7]; Aruch Hashulchan O.C. 420:1; and Y.D. 401:4; Kaf Hachaim 420:1; Nitei Gavriel 52:3

[12] Admur 429:8; Teshuvah Meahava 1:27; See Birkeiy Yosef C.M. 15:13; Maharit C.M. 47; Hagahos Nezios Shimshon 420; Nitei Gavriel 52 footnote 10 and footnote 16

Other opinions: Some Poskim rule that today we no longer have a Talmid Chacham in this regard. [M”A 547:8 “It seems that today we no longer have a Talmid Chacham who knows Halacha in every area”; Chayeh Adam 118:7; Yosef Daas 401; See however See however Nitei Gavriel 52 footnote 10 in name of Poskim that we do have a Talmid Chacham today, in this regard.

[13] See Poskim in Nitei Gavriel 52:10 footnote 23

[14] Michaber 401:5; Tur in name of Maharitz Geios; Talmidei Rashi

[15] Rama 401:6 regarding Tziduk Hadin; Nitei Gavriel 52:5      

[16] Nitei Gavriel 52:5

[17] P”M 547 M”Z 4; Biur Halacha 547:1 “Shemutar

[18] Rama ibid regarding Tziduk Hadin; See P”M 547 M”Z 4; Nitei Gavriel 52:14 footnote 28

[19] M”A 527:8

[20] Igros Moshe O.C. 3:74

[21] P”M 547 M”Z 4; Biur Halacha 547:1 “Shemutar

[22] Shach 401:3 based on Rama ibid; See P”M 547 M”Z 4; Nitei Gavriel 52:14 footnote 28

[23] Admur 604:4

[24] Michaber O.C. 547:1; Y.D. 401:1

Is this prohibition Biblical or Rabbinical? This matter is disputed in Poskim. Some rule it is Biblically forbidden while others rule it is Rabbinically forbidden. [Daas Torah 547]

[25] Michaber Y.D. ibid; P”M 547 M”Z 4; Admur 429:8 regarding Nissan; Teshuvah Meahava 1:27; See Birkeiy Yosef C.M. 15:13; Maharit C.M. 47; Hagahos Nezios Shimshon 420; Poskim in Nitei Gavriel 52 footnote 10 and footnote 16-17

[26] M”A 547:8; Chayeh Adam 118:7; Yosef Daas 401; Biur Halacha 547:1 “Shemutar” “We do not eulogize on Chol Hamoed even for a Talmid Chacham, as explained the Poskim”; Nitei Gavriel 52:6

[27] Michaber 420:1 and Y.D. 401:5; Taz 420:1; M”A 420:1

Other opinions: See Gilyon Maharsha 344 in name of Dvar Shmuel 9 that a Hesped may be given on Rosh Chodesh Av. See Nitei Gavriel ibid footnote 4

[28] Michaber 420:1 and Y.D. 401:5; Poskim ibid;

[29] Michaber Y.D. 401:5; See Admur ibid; Taz and M”A ibid; Chochmas Adam 169:25 [unlike Chayeh Adam 118:7]

[30] Kol Bo brought in Rama 401:6 regarding Tziduk Hadin, and the same would apply to a Hesped

[31] Rama 420:2 regarding Erev Shabbos after midday, and the same would apply to Erev Rosh Chodesh being Tachanun is omitted starting from midday; Elya Raba 429 [brought in Rav Akiva Eiger 401] and P”M 420 A”A 1 that so is custom of Prague and other cities; Maareh Kohen Y.D. 401:2; Chayeh Adam 154:4 regarding Chanukah; Olas Shabbos O.C. 429 prohibits after the [time of Mincha Gedola arrives. [brought in Rav Akiva Eiger 401]

[32] Shach Y.D. 401:2; Chok Yaakov O.C. 429 and Elya Raba 429, brought in Rav Akiva Eiger 401; Beir Heiytiv 401:1; Birkeiy Yosef 670:6; Kitzur SHU”A 139:2 regarding Chanukah; Nitei Gavriel Aveilus 52:15

[33] Michaber 670:3; Rava Moed Katan 27

[34] Rama 420:2 regarding Erev Shabbos after midday, and the same would apply to Erev Rosh Chodesh being Tachanun is omitted starting from midday; Elya Raba 429 [brought in Rav Akiva Eiger 401] and P”M 420 A”A 1 that so is custom of Prague and other cities; Maareh Kohen Y.D. 401:2; Chayeh Adam 154:4 regarding Chanukah; Olas Shabbos O.C. 429 prohibits after the [time of Mincha Gedola arrives. [brought in Rav Akiva Eiger 401]

[35] Shach Y.D. 401:2; Chok Yaakov O.C. 429 and Elya Raba 429, brought in Rav Akiva Eiger 401; Beir Heiytiv 401:1; Birkeiy Yosef 670:6; Kitzur SHU”A 139:2 regarding Chanukah; Nitei Gavriel Aveilus 52:15

[36] Michaber 696:3

[37] Kaf Hachaim 686:2

[38] Maareh Kohen Y.D. 401:2; See dispute regarding Erev Rosh Chodesh; See Piskeiy Teshuvos 686:1; 696:4; Biur Halacha 547:3 “Shemutar”; Nitei Gavriel 52:15

[39] Rama 697:1 that so is custom; Stam opinion in Michaber 697:1; Second opinion in Tur 697

Other Opinions: Some Poskim rule that eulogies are permitted on Purim Katan. [2^nd opinion in Michaber ibid; 1^st opinion in Tur ibid] However, the custom is like the opinion mentioned above that it is forbidden to say a eulogy. [Rama ibid]

[40] Maareh Kohen Y.D. 401:2; See dispute regarding Erev Rosh Chodesh; See Piskeiy Teshuvos 686:1; 696:4; Biur Halacha 547:3 “Shemutar”; Nitei Gavriel 52:15

[41] Admur 429:8; Michaber 429:2; Rokeaich 245 based on Miseches Sofrim 21:1-3

[42] So rule regarding omitting Tachanun: Michaber 131:6; Siddur Admur; Hashlama Divrei Nechemia 131:8

[43] Maareh Kohen Y.D. 401:2; See dispute regarding Erev Rosh Chodesh; See Piskeiy Teshuvos 686:1; 696:4; Biur Halacha 547:3 “Shemutar”; Nitei Gavriel 52:15

[44] So rule regarding omitting Tachanun: Admur 493:5; Rama 493:2

[45] Maareh Kohen Y.D. 401:2; See dispute regarding Erev Rosh Chodesh; See Piskeiy Teshuvos 686:1; 696:4; Biur Halacha 547:3 “Shemutar”; Nitei Gavriel 52:15

[46] Megilas Taanis “Pischa Zeira is forbidden in eulogy”; So rule regarding omitting Tachanun: Siddur Admur; Siddur Shlah; Elya Raba 131:14; Shalmei Tzibur p. 151; Siddur Yaavetz; Shaareiy Ephraim 10:27; Ashel Avraham Butchach 131; Divreiy Nechemiah 131; Not listed in Shulchan Aruch chapter 131. See Aruch Hashulchan 131:12 and Yalkut Avraham 493 which wonders at this matter.

Other Opinions: Some Poskim rule that Tachanun is to be recited on Pesach Sheiyni. [P”M 131 M”Z 14; Noam Megadim 26; custom of Chazon Ish; This was the widespread Ashkenazi custom] It is interesting to note that one of the main claims of the Misnagdim against the Chassidim in the Cherem of 1772 was that they did not say Tachanun on Pesach Sheiyni, and held feasts on the day even when it fell on Behab. [Nitei Gavriel Pesach 3 57:3]

[47] Maareh Kohen Y.D. 401:2; See dispute regarding Erev Rosh Chodesh; See Piskeiy Teshuvos 686:1; 696:4; Biur Halacha 547:3 “Shemutar”; Nitei Gavriel 52:15

[48] Taz 559:6; Elya Raba 559:10; Beir Heiytiv 559:6; Chayeh Adam 135:21; Derech Hachaim; Aruch Hashulchan 559:1; M”B 559:17; Kaf Hachaim 559:34

[49] The Poskim all mention a Chacham, although their reasoning should apply to any person. See Nitei Gavriel 52:16 footnote 36

[50] So rule regarding omitting Tachanun: Siddur Admur

[51] Maareh Kohen Y.D. 401:2; See dispute regarding Erev Rosh Chodesh; See Piskeiy Teshuvos 686:1; 696:4; Biur Halacha 547:3 “Shemutar”

[52] See regarding the prohibition of Fasting and consequential omitting of Tachanun: Admur 429:17-18 and 494:19; M”A 429:8

[53] So rule regarding omitting Tachanun: Siddur Admur; M”A 131:18; Kneses Hagedola 494:6; Peri Chadash; Elya Raba 494:11; Shulchan Gavoa 494:8; Moed Lekol Chaiy 8:44; Yifei Laleiv 2:6; Hatahor 131; P”M 131 A”A 18; Shaareiy Teshuvah 131:7; M”B 494:36 in name of M”A and P”M; Kaf Hachaim 494:52

The reason: The reason for this is because after Shavuos there is 7 days of Tashlumin for which the Holiday Karban is able to be sacrificed, and therefore we do not say Tachanun until the days of Miluim of the Karban have passed.

Ruling of Admur in Shulchan Aruch and other opinions: In the Shulchan Aruch 494:20 Admur rules that Tachanun resumes on the 9^th of Sivan [in the Diaspora]. So also rules: Rama 131:7; 494:3; Levush 494. Other Poskim rule that one is to omit Tachanun until the 13^th or 14^th of Sivan. [See Kneses Hgaedola ibid; P”M ibid; Kaf Hachaim ibid; Shaareiy Teshuvah ibid]

Custom in Eretz Yisrael: According to the Shulchan Aruch, being that in Eretz Yisrael there is only one day of Yom Tov, therefore Tachanun should resume in Eretz Yisrael on the 8^th day of Sivan. However according to the Siddur we omit Tachanun until the 13^th. Practically, the custom in Eretz Yisrael is to omit Tachanun until the 12^th of Sivan. [Piskeiy Teshuvos 494:9; Nitei Gavriel p. 221]

[54] So rule regarding omitting Tachanun: Siddur Admur; Magen Avraham 669:1; brought in Shaareiy Teshuvah 131:15; based on Seder Hayom [in end of section regarding Sukkos], and Kneses Hagedola

The ruling in Shulchan Aruch: In 624:13 Admur rules that Tachanun is not recited between Yom Kippur and Sukkos being that it is days of rejoicing. No mention is made regarding after Sukkos.

Other Opinions: The Shaareiy Teshuvah [ibid] writes that it is not the custom in his provinces to omit Tachanun after Sukkos.

The reason: The Seder Hayom [from the year 1600] brings that Tachanun is omitted until the end of Tishreiy because it is a month filled with Holidays and joyous events. It contains four different holidays and we were given a time of forgiveness in this month. He therefore writes it is improper to show any sadness after having experienced all these lofty matters of the month, and rather one is to rejoice in it.

[55] Nitei Gavriel 52:19 footnote 39