7. Shemira/Shomer:

A. The law:

A deceased [Jew, whether male or female] needs to be guarded.[1] One who guards the deceased is considered to be performing a [a Biblical[2]] Mitzvah and is hence Biblically exempt from performing any other command.[3] The person who guards the deceased is called a Shomer.

When and where: The deceased is to be guarded at all times, both by day and night, [from the time he passes away until the burial].[4] The deceased is to be guarded even on Shabbos and Yom Tov.[5] The deceased is to be guarded in all areas, even in the morgue and Beis Hatahara [and even while still in the hospital].[6] He is not to be left alone even for a moment.[7] Some Poskim[8], however, are lenient to not require full Shemira when the corpse is in an area that rats cannot enter, such as he is in a fridge or casket, and rather it suffices if the Shomer comes in and out on occasion.

Who may be a Shomer? The deceased must be guarded by a Jewish person. This role may be filled by family members, friends, or by members of the Chevra Kadisha. The family or funeral home can also hire someone to serve as a Shomer. One may alternate the Shomer and have people take turns. Customarily, women are not used as Shomrim for male or even female deceased. However, some communities have women guard a female deceased. In all cases, if a man is not available, a woman may be used.[9] If neither a Jewish man or woman is available, a trustworthy gentile may be used.[10] It is forbidden for a Kohen to be a Shomer even if no one else is available. It is disputed whether a Kohen may be a Shomer for a deceased relative for whom he is mourning.[11] Practically, it is proper to be stringent for a Kohen not to do Shemira on even a close relative.[12]

How many Shomrim: One is only required to have a single Shomer guarding the deceased[13], however some are accustomed to have two Shomrim present in order so they can take turns watching him while the other eats or prays.[14]

Driver: If the body is transported, a Jewish person should either drive, or accompany the driver, so he can act as a Shomer.

 

B. Conduct of Shomrim during Shemira:

Talking: It is only permitted to speak in the presence of the deceased of matters relating to the funeral/burial or his eulogy.[15] It is however forbidden to talk of mundane matters within four cubits of the deceased [if he is outside, or within the same room if he is inside[16]].[17]

Learning Torah: It is forbidden to speak Torah in the presence of the deceased.[18] This prohibition applies even past four cubits of the deceased.[19] It is however permitted to speak words of Torah in relation to the deceased and in respect of the deceased even within his four cubits.[20] [One may thus learn Mishnayos in his honor and so is the custom.[21]]

Tehillim: It is permitted, and encouraged, to recite Psalms in honor of the deceased even if one is near him.[22] Tehillim may be read even at night, prior to midnight.[23] Some Poskim[24] rule it is even permitted for the Onen to recite Tehillim on behalf of the deceased while he is in the presence of the deceased and acting as a Shomer. Other Poskim[25] however rule it is forbidden for the Onen to recite Tehillim.

Sheilas Shalom:[26] One does not greet others in the vicinity of the deceased.

Sleeping:[27] A Shomer may not sleep on the job.

Shema, prayer, and Mitzvos:[28] One who is guarding the deceased, is exempt from Shema, prayer, and all the [positive[29]] Mitzvos written in the Torah [just like an Onen] even if he is able to perform them while doing the Shemira.[30] This applies even if the deceased is not his relative. This applies even on Shabbos.[31] [One is not allowed to be stringent and perform the commands.[32]] If there are two people guarding him, then they are to take turns reading the Shema while the other guards. Nevertheless, in all cases [even if there is a second Shomer], it is forbidden to wear Tefillin[33], say Shema, or pray within four cubits of the deceased[34] [if he is outside], or within the same room as the deceased.[35]

Wearing Tzitzis:[36] One may not wear revealed Tzitzis when he is near a corpse, just as is the law by a cemetery, and he is thus required to cover his Tzitzis. This applies for anyone that is within four Amos [192 cm] of a corpse.

Eating and drinking: Some Poskim[37] rule it is permitted for those who are not in Aninus to eat and drink even in the presence of the deceased. Other Poskim[38], however, are stringent to extend this prohibition to all people present, that they may not eat in the same room as the corpse. Practically, one is to be stringent in this matter.[39] [Thus, those who are driving in the hearse with the coffin are to avoid eating and drinking in the car unless a Mechitza is made.[40]]

Q&A May one desecrate Shabbos/Yom Tov for the sake of guarding a deceased?[41] No.   May a single Shomer guard more than one body?[42] Yes.   Does a Nefel [i.e. still born, or baby who died within thirty days] require Shemira?[43] A Nefel does not require Shemira if he is in a safe area, protected from rodents and the like, such as in the fridge of the morgue.   May a Shomer smoke in the room of the deceased?[44] No.   May a Shomer get paid for his Shemira?[45] Yes.

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[1] Chochmas Adam in Matzeivas Moshe 4 “It is a great obligation to do so”; Guarding the deceased is not explicitly mentioned as a Mitzvah/obligation neither in Mishneh, Gemara or Poskim. Rather it is derived from different laws mentioned in Gemara and Poskim regarding one who guards the deceased: See Admur 71:4 and Michaber O.C. 71:3; Y.D. 341:6 and 403:9 and Braisa Brachos 18a regarding exemption from Mitzvos and Kerias Shema; Rama 373:5 regarding a Kohen that according to some Poskim he may guard his deceased relative on Shabbos “so he is not left in a belittled state”

The reason: The deceased needs to be guarded from rats. [Brachos 18a; Perisha 71; Chochmas Adam in Matzeivas Moshe 4] He also needs to be guarded from all others damages such as a fire and the like. [See Igros Moshe Y.D. 1:225; Nitei Gavriel 8:1] He also needs to be guarded from evil spirits and forces, as the Jewish body is holy and when the evil forces sees it emptied of a soul they desire to enter it and attain a body for themselves. [Mavor Yabok Sisei Rinanos 24; Chochmas Adam in Matzeivas Moshe 4; Darkei Chesed 8:1] The deceased is guarded in order so it not be left in a disgraceful manner. [Rama ibid; Terumas Hadeshen 283] It is considered respect for the dead to guard the deceased so it not seem like he was discarded as a vessel that has no need. [Yerushalmi]

Who is obligated? Regarding if the obligation of guarding the deceased is upon the relatives in mourning or upon anyone-see Nitei Gavriel 9 footnote 2.

[2] One must say this is a Biblical command, otherwise how can he be exempt from other Biblical commands.

[3] Admur ibid; Shach 341:180; Beis Yosef and Perisha 71; Ran Sukkah 11a

What Mitzvah is fulfilled by guarding the body? Tzaruch Iyun as what Biblical Mitzvah is fulfilled when one guards the deceased. Perhaps however it is all part of the Mitzvah of burial, or Kavod Hameis. However, see Rama ibid and Shach 374:10 who learns guarding the corpse is not part of the Mitzvah of burial and is not considered “Letzorech”. Vetzaruch Iyun! Either way, it is similar to the law of an Onen who has a Mitzvah to bury the dead and is hence exempt from all Mitzvos.

[4] Chochmas Adam in Matzeivas Moshe 4

[5] Rama 374:5; Sdei Chemed Aveilus 112; Darkei Chesed 8:1

[6] Chochmas Adam in Matzeivas Moshe 4; Nitei Gavriel 8:3; Rav Yaakov Ruza, Chief Rabbi of Chevra Kadisha Tel Aviv, in a written correspondence related that per his directive, the Chevra Kadisha of Tel Aviv is careful to guard the Meis even when in the fridge, throughout all 24 hours.

[7] Igros Moshe Y.D. 1:225

[8] Igros Moshe ibid; See there in length for his proof from Brachos ibid regarding a ship that even when there is no worry of rats there still must be sporadic checking; See Yalkut Yosef Aveilus 8:207 who writes according to Halacha he does not need to be guarded at all when he is in a fridge or casket; See Nitei Gavriel 8:3 footnote 5 who argues on Igros Moshe ibid and says a constant Shomer is required, and so is implied from Matzeivas Moshe ibid, and this especially applies when the deceased is in a morgue with gentiles; See above for directive of Rav Yaakov Ruza

[9] Poskim in Nitei Gavriel 8:6-7 footnotes 9-11

[10] Nitei Gavriel 8:8

[11] Michaber 373:5 brings two opinions in whether the Kohen may be Mitameh even “for no need” or only for a need and Rama ibid explains that accoridng to the former approach, he may be a Shomer, while according to the latter approach he may not. See Chapter 9 Halacha 4!

[12] Rama ibid Terumos Hadeshen 383 in name of Tosfos Shantz; See Poskim in Nitei Gavriel 10:14 footnote 23

[13] See Admur 71:4 and Michaber O.C. 71:3; Y.D. 341:6; Braisa Brachos 18a

[14] Kaf Hachaim 71:24

[15] Michaber 344:16; Brachos 3b

[16] Shach 344:11 in name of Mordechai end of Moed Katan; Beir Hagoleh in name of Mordechai; Beir Heiytiv 344:8; Elya Raba 1:4; M”B 45:2 in name of Ateres Zekeinim; This opinion is omitted from Admur ibid

Other opinions: Some Poskim rule that even in a single room. [M”B ibid in name of Magen Giborim]

[17] Shach 344:11 in name of Bach

Other opinions: It is implied from Michaber ibid that it is permitted to speak mundane matters in his presence, even within four cubits. [Shach ibid]

[18] Michaber 344:16

[19] Shach 344:11 in implication of Michaber ibid; Bach 344; Taz 344:5; Tur in name of Rav Haiy Gaon

[20] Michaber 344:17; 367:3; Nimukei Yosef; Shach ibid in name of Bach and that so is custom

[21] Mishmeres Shalom Lamed 42 in name of Poskim; See Poskim in next footnote

[22] Mavor Yabok Sifsei Rinanos 4:9; Nitei Gavriel 10:8; See Mishmeres Shalom Lamed 42 in name of Poskim; See Radbaz Chadashos 254; Birkeiy Yosef 344:7 “So is the custom amongst all Israel to say a Derush in front of the deceased and before the Kever and learn Torah there in his merit”; Zechor Leavraham Lamed; Misgeres Hashulchan 344; Sdei Chemed 115; Kaf Hachaim 23:1 “If one learns by the Kever in honor of the deceased, there is no prohibition of “Loeg Larash,” as he is doing so for his honor.”; Minchas Elazar 3:53 that we Daven by Kivrei Tzaddikim in their honor and to elevate their soul and receive their assistance in elevating our prayers to Heaven; See Pesach Hadvir 45:4; Gesher Hachaim 29:10; Nitei Gavriel 10:8 footnote 15; Vol. 2 76:8

[23] Nitei Gavriel 21:5 in name of Rav Chaim Falagi

[24] See Chochmas Adam 153:1; Mordechai in name of Ravaya; Pnei Baruch Onen 11; Poskim in Nitei Gavriel 21:3 footnote 3

[25] Aruch Hashulchan 341:10

[26] See Michaber and Rama 343:2

[27] Chochmas Adam in Matzeivas Moshe 4

[28] Admur 71:4; Michaber O.C. 71:3; Y.D. 341:6; 403:9; Braisa Brachos 18a

[29] See regarding Onen chapter 3 Halacha 8A that he is obligated in all negative commands.

[30] The reason: As one who guards the deceased is involved in a Mitzvah, and anyone who is involved in one Mitzvah the Torah did not require them to be involved in other Mitzvos even if he is able to do so, as explained in 38:7. [Admur ibid; Shach 341:18; Beis Yosef and Perisha 71; Ran Sukkah 11a]

[31] Michaber 403:9

[32] Beis Hillel 403

[33] See Admur 45:1

[34] See Michaber 344:16

[35] Shach 344:11 in name of Mordechai; Beir Heiytiv 344:8; Elya Raba 1:4; M”B 45:2 in name of Ateres Zekeinim; This opinion is omitted from Admur ibid

Other opinions: Some Poskim rule that even in a single room, it is permitted to wear the Tefillin and Daven from a distance of four Amos from the deceased. [M”B ibid in name of Magen Giborim]

[36] Admur 23:4; Michaber 23:3

[37] Taz 341:1; See Poskim in Nitei Gavriel 10:3 footnote 6

[38] Rav Akiva Eiger 341, Tefila Lemoshe and Pischeiy Teshuvah 341:2 in explanation of Shach 341:3 who prohibits even on Shabbos, thus negating the reason of the Taz that exempts non-relatives

[39] Pischeiy Teshuvah ibid concludes one is to be stringent like the Shach; Kitzur SHU”A 194:11; Pnei Baruch 1:7; Nitei Gavriel ibid

[40] Nitei Gavriel 64:10

[41] See Nitei Gavriel 8:5

[42] Nitei Gavriel 8:11

[43] Gesher Hachaim p. 118; Darkei Chesed p. 70; Nitei Gavriel 8:10; 132:2

[44] Poskim in Nitei Gavriel 10:5

[45] Chasam Sofer 128; Maharam Shick 343; Poskim in Nitei Gavriel 10:10 footnote 19

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