8. Death on Shabbos [and Yom Kippur]:[1]

Funeral and burial:[2] It is forbidden to bury a body 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.

Notifying people and relatives of the death on Shabbos?[3]  It is forbidden on Shabbos to speak of matters which brings one pain, such as the death of a close friend, and the like. [Thus, from the letter of the law, one is not to inform friends and relatives of the death of an individual on Shabbos.[4] Nevertheless, some are accustomed to being lenient to notify the relatives of the death even on Shabbos, through a gentile messenger [i.e. gentile makes a phone call to the relatives and leaves a message on the answering machine], in order so they can head out to the funeral immediately after Shabbos.[5] Practically, however, one may only be lenient in a time of great need, as stated above, otherwise it is forbidden to do so both due to the prohibition of Amira Lenachri, and due to the adherence of not to spread bad news, especially on Shabbos.[6] There is no room to be lenient in this even in the event that one’s Rebbe has died and one desires to spread the news to the world.[7]]

Muktzah-Moving the corpse:[8] A corpse is Muktzah on Shabbos and hence may not be moved with exception to the circumstances to be described below.

Moving with irregularity:[9] In all cases, one may move a corpse using an irregularity, such as moving the bed of the corpse using one’s leg and the like.

Directly moving the body-placing on ground:[10] A Jew may never move the body directly even with a permitted item on it, for any purpose other than those mentioned below, even if it is in order so Kohanim can remain in their home, or for the sake of a Mitzvah. [Some communities however are accustomed even on Shabbos to remove the corpses clothing and [place a permitted item on it and then] lay it on the ground in order to prevent corrosion.[11] However, other Poskim[12] rule against doing so, as is the simple implication from Shulchan Aruch.]

Moving the bed:[13] One may move the bed which contains the corpse if one’s intention in doing so is not for the sake of the body [other than by the case of a fire, as will be explained], but is rather for the sake of a permitted matter, such as so the Kohanim can remain in their homes, or in order to use the space of the bed and the like. However, if possible, one is to roll the body from one bed to another, and if not, then one may even move the bed itself. [However, one may never move it into a Karmalis.]

Gentile moving body:[14] It is forbidden to ask a gentile to move the body unless it is done for the sake of a Mitzvah, as is the rule by all cases of Shevus Deshuvus by a Mitzvah.

Moving to save from a fire:[15] To prevent a body from getting burned from in oncoming fire, the following may be done: One may move it by placing a non-Muktzah item on it, or next to it, and then move both the body and the item. If one has no permitted item available, then if one has another bed available, one is to roll the body from bed to bed [through using the bed to role it], until it reaches a place that is safe from the fire. If there is no other bed available, then one may move the entire bed together with the corpse, or move the corpse directly to a safe area. If it is impossible to prevent erosion otherwise, then the body may be moved into a Karmalis together with the permitted item.

Moving to prevent erosion:[16] One may move a body to prevent erosion by placing a non-Muktzah item on it, or next to it, and then move both the body and the item. If one has no permitted item available, then it is forbidden to move it even through rolling it from bed to bed. If it is impossible to prevent erosion otherwise, then the body may be moved into a Karmalis together with the permitted item.

Moving to prevent odor:[17] If the body is giving off a bad odor, and there are people in the area, 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.

Moving out of respect for the dead:[18] If the body is lying in disgrace in front of other people, and there are people there, 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.

Moving in order to wash off excrement from it:[19] If the body has become repulsive as a result of the excrement, then one may move it together with a permitted item in order to wash it. 

Washing and spreading ointment over the corpse:[20] It is permitted to spread ointment over a corpse and to wash it down as long as one does not move any of its limbs in the process. [One may place ointments on the body to prevent erosion. Likewise, one may place ice on the body for this purpose.[21]]

Closing the mouth and eyes and straightening limbs:[22] It is forbidden to close the mouth or eyes [or straighten the limbs] of the body, being that it is Muktzah, although one may attach a string to its chin in order to prevent its mouth from opening further. However, those who are accustomed [despite the prohibition] to close the eyes and straighten bent limbs, due to fear of danger, have upon whom to rely and thus should not be protested.

Summary: A corpse is Muktzah on Shabbos and hence may not be moved even with a permitted item on top of it unless one of the following apply: 1.      One moves it in an irregular way [i.e. one’s leg or elbow]. 2.      Moving with permitted item: One may move a body by placing a non-Muktzah item on it in the following cases: a.      In order to prevent erosion. b.      If it is giving off a bad odor, or is lying in disgrace, and there are people in the area without another area to move to. c.      If the body has become repulsive as a result of the excrement and one desires to move it to be washed.  3.      Moving the bed with the body: One may move the bed which contains the corpse if one’s intention in doing so is not for the sake of the body and one is unable to roll the body from one bed to another. 4.      Gentile moving body: It is forbidden to ask a gentile to move the body unless it is done for the sake of a Mitzvah, as is the rule by all cases of Shevus Deshuvus by a Mitzvah. Undressing and placing on ground: Some communities are accustomed even on Shabbos to remove the corpses clothing and place a permitted item on it and then lay it on the ground in order to prevent corrosion. However, other Poskim rule against doing so, as is the simple implication from Shulchan Aruch. Closing its mouth and eyes and straightening limbs: It is forbidden to close its mouth or eyes [or straighten its limbs] however, those who are accustomed [despite the prohibition] to do so have upon whom to rely.   Undressing the deceased:[23] It is customary to undress the deceased even on Shabbos, taking care not to directly move his body in the process.   Transgressing Shabbos in order to save a body from autopsy:[24] It is permitted to perform Rabbinical Melacha in order to prevent a body from being desecrated.[25] Nevertheless, regarding Muktzah, one may only move the body with a permitted item, as explained below. Moving the body:[26] It is permitted to move a body together with its clothes, or if not wearing clothing then with another permitted item that is on it, in order to save it from getting an autopsy. Furthermore, it may even be moved into a Karmalis, although it may only be moved into a Reshus Harabim through a gentile. Calling on a telephone:[27] It is permitted to call from a phone to help save a corpse from having an autopsy performed. However, if it is possible to have a child or gentile lift the phone off the ringer, then one should do so. Traveling in a car to a court house: It is permitted for one to have a gentile drive one to a courthouse or the like to help prevent an autopsy. Signing off an autopsy:[28] It is forbidden for a relative on Shabbos to sign a document expressing opposition to the autopsy.

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[1] See “A Semicha Aid for learning the laws of Shabbos” The laws of Muktzah Chapter 3 for a full discussion on this topic; See Nitei Gavriel Aveilus 1 chapter 7; Piskeiy Teshuvos 311; Nishmas Avraham 1:319

The law on Yom Tov: In the event that the burial will not take place on Yom Tov, then on Yom Tov Rishon moving the body follows the same laws as on Shabbos. [See Admur 526:1 and 526:10; See M”B 526:12; Nitei Gavriel 7:1; Ashel Avraham Tinyana 526] However, regarding Yom Tov Sheiyni, in 526:10 a dispute is recorded and that we are lenient in certain matters, as explained in the next Halacha!

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

[3] Admur 307:5; M”A 307; Sefer Chassidim 110

[4] See Nitei Gavriel 128:10

[5] See Mishnas Yaakov 3:402; Nitei Gavriel 128:13; See Reshimos 5 [printed in Toras Menachem Tziyon p. 25] that when the Rebbe Rayatz was in Chicago, they were informed of the death of his mother by telephone, on Shabbos, but the Rebbe Rayatz was only told about it on Motzei Shabbos.

[6] Nitei Gavriel 128:16

[7] Nitei Gavriel ibid protests against those who do so

^[8] Admur 311:1

Other opinions/customs: Some communities have the custom that anytime a person passes away on Shabbos, they remove its clothing and lay it on the ground [placing a permitted item on it] in order to prevent any corrosion. [Kaf Hachaim 311:58] However other Poskim [Sheivet Haleivi 4:30] have ruled against doing so, as is the simple implication from Shulchan Aruch. See coming footnotes

[9] 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

^[10] Admur 311:8

[11] Kaf Hachaim 311:58; Poskim in Nitei Gavriel 7:13 footnote 25; Nishmas Avraham ibid

[12] Sheivet Haleivi 4:30; Poskim in Nitei Gavriel 7:13 footnote 24; Piskeiy Teshuvos 311:4

^[13] Admur 311:9

^[14] Admur 311:8; Vetzaruch Iyun how this does not contradict Admur 276:9 that one may always ask gentile to move Muktzah for its space or use, even if the case does not involve a Mitzvah; See Aruch Hashulchan 311:18

[15] See Admur 311:1-2

^[16] Admur 311:3-4

^[17] Admur 311:4

[18] Admur 311:4

^[19] Admur 311:12

^[20] Admur 311:12

[21] Nitei Gavriel 7:8-9

[22] Admur 311:13; Elya Raba 311:23; Aruch Hashulchan 352:4; M”B 311:5; Poskim in Nitei Gavriel 7:1 footnote 1 and 5

[23] Lev Chaim 2:71; Kaf Hachaim 311:58; Nitei Gavriel Aveilus 7:10

[24] See SSH”K 64:13; Piskeiy Teshuvos 311:1 [old edition and new edition]; Nishmas Avraham 2:533

[25] Sefarim ibid in name of Chelkas Yaakov; This can be learned from the fact one can take the body from a Karmalis in order to prevent erosion. Seemingly, only by Muktzah were the Sages stringent to limit its desecration and only allow its movement if there is a permitted item on it.

[26] Based on Admur 311:3 regarding moving to prevent possible erosion, and certainly here when it is done to prevent definite destruction and Bizuiy Hameis; See Nimukei Orach Chaim 311; Har Tzevi 294; Chelkas Yaakov 3:172; Nitei Gavriel Aveilus 7:4; Piskeiy Teshuvos 311:1 [new edition]

[27] Chelkas Yaakov ibid; See Nishmas Avraham ibid that today when there is only LED lights it is Rabbinical

[28] SSH”K ibid; Nishmas Avraham ibid in name of Rav SZ”A that it is forbidden to do so even with an irregularity

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