8. Discovered the death after the burial:[1]

A. Discovered during Shiva:[2] 

If one did not discover the death of his relative until after the burial, he begins to count Shiva from the time of his discovery, even if the other relatives have already begun the Shiva days earlier, after the burial was complete. This is with exception to a very specific case in which the relative has traveled to the area that the other relatives are sitting Shiva, in which case he joins the count of the other relatives if certain conditions are met, as explained next.

One traveled to the mourning relatives before he began Shiva: If one who is unaware of the death or burial travels to the area that the other relatives are sitting Shiva, then he joins the count of the other relatives for Shiva and Shloshim if the following conditions are met: 1) He traveled to the relatives.[3] 2) The relatives that he traveled to are found in the area of the death or burial.[4] 3) Amongst the relatives that he traveled to is found the family leader[5] [or the majority of the family, if there is no family leader that exists[6]].[7] 4) He was unaware of the death [or did not yet begin Aveilus[8]] prior to traveling to the relatives that are found in the area of death/burial, and thus only discovered the death [or began Aveilus] after arriving to the relatives that are found in the area of the death or burial.[9] [This can occur if one began traveling after hearing of the death but prior to the burial, and arrived after the burial, in which case he did not begin Aveilus until his arrival. If, however, he already heard of the death and burial prior to traveling, then he must begin the Shiva on his own.[10]] 5) The travel from his location[11] until the area of the death or burial [where the relatives are found] is within a day’s distance of travel.[12] He, however, does not need to arrive with one day [i.e. may take a longer route, or make a delay], and so long as there is a potential travel route to arrive within one day it is valid.[13] 6) He arrived within the Shiva. This applies even if he arrived on the last day of Shiva, in which case he joins them and only sits Shiva for that day.[14] This law applies even if the relative does not stay until the end of Shiva by the family leader, and rather returns home in middle, nevertheless he counts together with them.[15] [Based on these conditions, if an individual was not told of the death of his relative right away, such as if he is sick or in a fragile state, and was told within the Shiva, then if he travels to the home of the other relatives, he joins them in the count, if the above conditions are fulfilled.[16]]

Summary: If one did not discover the death of his relative until after the burial, he begins to count Shiva from the time of his discovery, with exception to if he travels to his relatives who already began Shiva and fulfills all the following conditions, in which case he joins their count: 1.      He travels to the relatives.  2.      The relatives that he travels to are found in the area of the death or burial.  3.      Amongst the relatives that he traveled to is found the family leader [or the majority of the family, if there is no family leader that exists].  4.      He did not yet begin Aveilus prior to traveling to the relatives that are found in the area of death/burial, and thus only began Aveilus after arriving to the relatives that are found in the area of the death or burial. 5.      The travel from his location until the area of the death or burial [where the relatives are found] is within a day’s distance of travel.  6.      He arrived within the Shiva Ø  Case Example: If a sick relative was not told of the death of his relative right away, and was told within the Shiva, then if he travels to the home of the other relatives, he joins them in the count, if the above conditions are fulfilled.

 

B. Shemua Kerova-Discovered within thirty days from death:[17]

If a relative only discovered the death and burial after it took place, then if he became informed within thirty days [from the death[18]], he is obligated to perform Keriah and keep seven days of Shiva and thirty days of Shloshim beginning from the day that he was informed.[19] [This is referred to as a Shemua Kerova, or a close hearing.] The Shloshim is counted starting from the day he was informed.[20] The general rule is that for all Halachic matters, the day of being informed is synonymous to the day of the burial.[21] [Nevertheless, regarding the laws of precedence of Kaddish and Chazan, the Shloshim is counted from the day of burial and not from the time that he began his personal count of Shloshim.[22]]

Keriah by a Shemua Kerova:[23] If one heard of the passing and burial of a relative within thirty days [i.e. Shemua Kerova], he remains obligated to perform Keriah. [The Keriah only needs to be performed on the clothing that he is currently wearing at the time of discovery, and does not have to be performed on clothing that he changes into later on.[24] One recites the blessing of Baruch Dayan Haemes by the Keriah, just as is normally done.[25]]

Seudas Havraah:[26] A Seudas Havraah is to be served to the mourner upon hearing the news of his relative’s burial, if he heard of it within 30 days of the death [i.e. Shemua Kerova].

Tefillin:[27] On the day of a Shemua Kerova, one is not to put on Tefillin. [However, the Chabad custom is to wear Tefillin that day. See Chapter 18 Halacha 3 for the full details of this matter!]

Discovered on Shabbos or Yom Tov: See Halacha E!

How to calculate the thirty days of a Shemua Kerova: The thirty days are calculated from the time of death and not from the time of burial.[28] The thirtieth day itself is considered part of the thirty-day calculation, and hence if one became informed on the 30th day he is to keep Shiva and Shloshim starting that day.[29] The days of Yom Tov do not nullify and decrease the thirty day count of Shemua Kerova. Hence, if the person passed way and was buried Erev Yom Tov, and the information arrived to the relative a week after Yom Tov, then he is to keep Shiva and Shloshim starting from after Yom Tov, and the days of Yom Tov are not decreased from this calculation.[30]

Summary: If a relative only discovered the death and burial after it took place, then if he became informed within thirty days from the death, he is obligated to keep Shiva and Shloshim beginning from the day of being informed of the burial.

 

C. Shemua Rechoka-Discovered after thirty days from death:

Shiva for an hour:[31] If a relative only discovered the death and burial after it took place, then if he became informed past thirty days [from the death[32]], then he is only obligated to keep one hour of Aveilus. [This is referred to as a Shemua Rechoka, or a distanced hearing. Some Poskim[33] rule that one does not need to sit Shiva for an actual hour, but even a few minutes suffices.] This applies whether one became informed of the death by day or by night. Thus, for example, if one heard a Shemua Rechoka at night, it suffices for him to sit Shiva for one hour at night, and the Shiva then ceases. This applies even if one heard of the death of his father or mother. By the passing of a parent, this applies even if the child heard of the passing only after many years passed since the death.[34] [By the passing of other relatives, however, some Poskim learn that once 12 months has passed from the time of death, one no longer keeps any customs of mourning, not even for an hour.[35]]

The mourning customs kept during that hour:[36] One who hears a Shemua Rechoka is not required to keep all the laws of Shiva for that one hour, and rather it suffices to simply remove one’s leather shoes [or sit on the floor[37]]. He does not need to perform Atifas Harosh[38], or Kefiyas Hamita[39], and may perform Melacha, bathe, anoint, have marital relations, and learn Torah [if he was not in the midst of doing these actions upon receiving the news]. If, however, he is in any event not wearing shoes[40], then he is to perform another recognizable act of Aveilus, such as Atifas Harosh or Kefiyas Hamita [or sitting on the floor[41]]. Likewise, if upon receiving news of the death he was in the midst of learning Torah, or doing work, or bathing or anointing, then he is to stop doing it for an hour due to the morning, and then resume. In addition to this [stopping from learning etc], one also needs to perform one[42] of the above actions of recognizable Aveilus, such as removing the shoes, or Atifas Harosh, or Kefiyas Hamitah, and simply stopping from doing the above actions does not suffice. If he was wearing Tefillin at the time he received the news, he is not required to remove the Tefillin.[43]

Customs of Shloshim and 12 months-Heard within 12 months from death:[44] By a Shemua Rechoka, one who discovers the death of a relative other than a parent, does not keep any of the Shloshim laws, and hence his mourning period ends after keeping one hour of Shiva. However, one who discovered the death of a parent within 12 months [from the death] is obligated to keep all the laws that apply past Shloshim, such as not to get a haircut until he is reprimanded by his friends for his ill-mannered appearance.[45] Likewise, he may not wear ironed clothing until after the first holiday arrives after Shloshim, and the passing of Shiur Gearah [see Chapter 23 Halacha 10]. Likewise, he is not to be greeted by others, or participate in a meal and joyous event, just as is done throughout the 12 months. The 12 months in this regard is calculated from the day of death[46] and not from the day he was informed. [Thus, if one was informed of the death six months after it occurred, he is to keep the above laws for 6 months.]

Customs of Shloshim and 12 months-Heard after 12 months from death:[47] One who discovered the death of a parent after 12 months [from the death] is only obligated to keep one hour[48] of Shiva [as stated above] and does not keep Shloshim or any of the other laws. [However, by other relatives who passed away, some Poskim rule he does not even need to keep an hour of Shiva, once 12 months have passed.[49]]

Keriah by a Shemua Rechoka:[50] If one heard of the passing and burial of a relative that is not a parent, only after thirty days [from the death, i.e. Shemua Rechoka], he is not allowed to perform Keriah.[51] If, however, one heard of the passing of a parent, one remains obligated to perform Keriah upon discovering the news of their passing, irrelevant of how much time passed in the interim. [The Keriah only needs to be performed on the clothing that he is currently wearing at the time of discovery, and does not have to be performed on clothing that he changes into later on.[52]]

Seudas Havraah[53] If one only heard of the death after thirty days from the death [i.e. Shemua Rechoka] then he is not to be served a Seudas Havraah.

Discovered on Shabbos or Yom Tov: See Halacha E!

Q&A May one recite the blessing of Baruch Dayan Haemes by Shemua Kerova/Rechoka?[54] The blessing is to be recited at the time he receives knowledge of the passing. This applies even if thirty days have passed from the death and burial [i.e. Shemua Rechoka] and even if a full year has passed. If one did not say the blessing right away, the blessing may be said until he no longer feels pain for the death.[55] However, some[56] say that by a Shemua Rechoka one may only say the blessing for the first 24 hours. If one discovered the death within thirty days, but did not practice Aveilus until thirty days have passed from the death, what is the law?[57] If thirty days have passed from the time of being informed, then he does not keep Shiva or Shloshim. If he is still within thirty days of being informed, then it is debated amongst Poskim as to whether he is obligated to mourn Shiva and Shloshim.

D. Informed of death and unsure as to when the death occurred:

If one was informed of the death of a relative and was not informed as to the date of the death, then some Poskim[58] rule that if it is possible that the relative passed away within thirty days of him being informed, then he is to keep Shiva and Shloshim, as is the rule by a Shemua Kerova. Other Poskim[59], however, rule that one does not need to keep Shiva and Shloshim and is to treat it as a Shemua Rechoka. Practically, we follow the lenient opinion that Shiva and Shloshim is not kept, and rather the laws of Shemua Rechoka are to be followed.[60] [Nevertheless, one must do all in his power to verify the time of death.[61]]

Informed of death thinking is Rechoka and then discovered was Kerova after Shloshim: If one was informed of the death of a relative and did not keep Shiva/Shloshim under the premises that it was already a Shemua Rechoka and then discovered that it was a Shemua Kerova, some Poskim[62] rule that he is now obligated to keep Shiva and Shloshim, even if thirty days have already passed. Other Poskim[63], however, rule that he does not need to mourn Shiva/Shloshim even in such a case, and so is the final ruling.

E. Informed of death and burial on Shabbos or Yom Tov:

Shemua Kerova:[64] If one became informed of the death and burial of a relative on Shabbos or Yom Tov, then if it is a Shemua Kerova [i.e. it is within thirty days from the death], then he is to practice all the laws of Shiva relevant to Shabbos and Yom Tov for the rest of that day. [see Chapter 20 for the full details of the Shiva laws relevant to Shabbos.] This Shabbos counts as the first day of Shiva [and Shloshim]. At the conclusion of Shabbos, he is to perform Keriah, and continue his count of Shiva until Friday, which is the seventh and last day of Aveilus.[65] [However, regarding Yom Tov the rule is as follows:[66] In the Diaspora, the second day of the last days of Yom Tov also counts as the first day of Shiva. However, in Eretz Yisrael, Yom Tov never counts as part of Shiva, unlike the ruling here regarding Shabbos, and a full seven days of Shiva is kept. See Chapter 27 Halacha 5 for the full details of this law.]

Shemua Rechoka:[67] If one became informed of the death and burial of a relative on Shabbos or Yom Tov, then if it is a Shemua Rechoka [i.e. it is past 30 days from the time of death], then he does not need to keep any laws of mourning that Shabbos or Yom Tov. After Shabbos or Yom Tov, he is to mourn for one hour, as stated above in C!

Shabbos or Yom Tov is the 30th day:[68] If one became informed of the death and burial of a relative on Shabbos or Yom Tov, and Shabbos or Yom Tov is the 30th day [from death], then it is treated as a Shemua Rechoka, and he is to only sit one hour[69] of mourning after Shabbos and Yom Tov.[70] Nonetheless, he is to practice all the Shiva laws relevant to Shabbos and Yom Tov for the rest of that day of Shabbos/Yom Tov.[71]

Shemua Kerova and Shabbos is Erev Yom Tov:[72] If one became informed of the death and burial of a relative on Shabbos which is Erev Yom Tov, within 30 days of the death, then he is to keep all the laws of Shiva relevant to Shabbos for the rest of that day of Shabbos, and the Yom Tov then nullifies the rest of Shiva. Hence, after Yom Tov he no longer needs to continue sitting Shiva.

F. Informed of death and burial after Davening Maariv during Plag Hamincha:[73]

If one Davened an early Maariv and then became informed of the death [and burial] while it is still daytime, then if it’s a Shemua Kerova [i.e. within 30 days from death] he begins counting Shiva from the next day, and that day does not count as part of Shiva.[74] [If, that day is the 30th day from death, then although regarding the start Shiva we count from that night, it is not considered like a Shemua Rechoka, and hence Shiva and Shloshim must be kept.[75]]

________________________________________________________________________________

[1] Michaber 375:8; 396:1

[2] See Michaber 375:8-9; Nitei Gavriel 134:6-

[3] Michaber ibid; This excludes the case that the Gadol Habayis traveled to inform the relative, in which case the relative must count his own Shiva. [Rebbe Akiva Eiger 375:8 in name of Rashba]

[4] Shach 375:11; This excludes the case in which the Gadol Habayis lives in a different city than the area of death/burial, in which case he must count his own Shiva in all cases. [Shach 375:11; Kitzur SHU”A 204:5; Nitei Gavriel 134:19; See Dudaeiy Sadeh 31 that this is because only in the area of death/burial is the soul of the deceased found] See, however Nitei Gavriel 134 footnote 7 that the main aspect here is not regarding the area of death or burial, but the area where the Niftar lived, and hence if the deceased lived in the city of the Gadol Habayis, then even if he passed away and was buried elsewhere, the other family members who come to his city and discover the burial follow his count

[5] Definition of family leader: Some Poskim rule that in this regard, a family leader is defined as the bread winner of the family, such as if a son came to his father after hearing of the death of his brother, and this son lives at home with the father. [Rav Akiva Eiger 375:8 in name of Shemesh Tzedaka Y.D. 58] See above Halacha 7; Igros Moshe Y.D. 4:60-5; Nitei Gavriel 133:13-18; 27; 29 and many Poskim in footnote 40

If family leader was not home and later arrived: See Rama 375:8; Shach 375:12; Beir Heiytiv 375:10; Birkeiy Yosef 375

[6] Gesher Hachaim p. 186; Nitei Gavriel 134:7

[7] Michaber ibid; This excludes a case where a) The family leader is not found by the area of the relatives who are in the area of the death or burial, or b) There is no family leader and majority of the relatives are not by the area of burial/death. or c) The family leader himself is the one traveling to the area of the relatives found in the area of death or burial. In all these cases, the arriving relative counts Shiva on his own. [See Shach 375:12; Beir Heiytiv 375:10; Nitei Gavriel 134:7; 27]

[8] Such as he began to travel to the burial area after hearing of the death, and did not yet begin Aveilus until he arrived there and was informed that the burial already took place; Certainly, this applies if he was only informed of the death after already beginning his travel. See next footnote!

[9] Michaber 375:8; This excludes the case in which the relative discovered the death, and already began Aveilus, prior to arriving to the city of the burial/family leader in which case he counts Shiva on his own, from the time of his discovery. [Michaber 375:9; Shach 375:12; Beir Heiytiv 375:10]

The law if he heard of the death but did not yet begin Aveilus until arrival: See Nitei Gavriel 134:6 footnote 8 and 134:9 for many Poskim who rule the main thing is that he did not yet begin the mourning customs prior to arrival, even if he already discovered the death prior to arriving to Gadol Habayis or area of burial. Thus, if he heard of the death before he went out for travel, and then traveled to the area of the Gadol Habayis, then if he did not yet perform any of the Aveilus customs due to travel and due to not being informed of the burial, he may begin to count with Gadol Habayis. Certainly, this applies if he was only informed of the death after already beginning his travel. Some Poskim, however, argue on this assertion and rule that he must first hear of the death in the area of the burial to be allowed to join their count. Practically, we rule like the former approach to be lenient by Aveilus and allow the arriving relative to join the count of the relatives found in the area of death even if he already heard of the death beforehand, so long as he did not yet begin Aveilus. See Nitei Gavriel ibid!

[10] See Kitzur SHU”A 204:5

Must one inform the relative of the death and burial prior to his arrival if he can do so? See Peri Hasadeh 1:11 and Nitei Gavriel 134:28 that one may delay informing the relative even until the last day and so is the custom of many, in order to save him from needing to keep a full seven days of Shiva

[11] See Nitei Gavriel 134 footnote 13 that it is questionable whether we follow his location at the time of death or at the time of burial.

[12] Michaber ibid; This excludes the case in which he is more than a day’s distance of travel from the relatives who are found in the area of death/burial, in which case he is to count Shiva on his own. [Michaber 375:9; Shach 375:12; Beir Heiytiv 375:10]

Definition of day’s distance: The definition of nearby is 10 Parsaos [Michaber 375:8], which is 8000 Amos. [Pischeiy Teshuvah 375:4]; However, see Nitei Gavriel 134:8 footnote 13 in name of many Poskim that in today’s times that we travel by car, train and plane, we no longer follow the ten Parsa distance in this regard, but rather if one can potentially arrive within one day of the available routes of travel. In light of the worlds current travel speed, this would virtually include within the one-day distance almost all areas of the world. Other Poskim, however, argue and rule that we always follow the ten Parsa distance even if one can arrive within one day through other means. Practically, we rule like the former approach to be lenient by Aveilus and allow the arriving relative to join the count of the relatives found in the area of death if it is a day’s distance of travel by plane, and the other conditions are fulfilled. [Nitei Gavriel ibid]

[13] See Michaber ibid “Even if he arrives on the seventh day”

[14] Michaber ibid; See Nitei Gavriel 133:21-25

[15] Rama 375:8; Kitzur SHU”A 204:5; See Nitei Gavriel 133:26

[16] See Peri Hasadeh 1:11 and Nitei Gavriel 134:28 that one may delay informing the relative even until the last day and so is the custom of many

[17] See Michaber 402:1; Moed Katan 20a; Pnei Baruch 26; Nitei Gavriel volume 2 chapter 38

[18] See end of this Halacha!

[19] Michaber 402:1; Moed Katan 20a; Chochmas Adam 171:1; Kitzur SHU”A 206:1

[20] Rama ibid; Shach 402:5

[21] Michaber ibid

[22] Rama 376:4; Maharil

[23] Michaber 340:18; 402:4; Moed Katan 20b; See Nitei Gavriel Volume 2 38:2 regarding a child below Bar Mitzvah and below Chinuch

[24] Shach 340:27

[25] See Halacha C in Q&A!

[26] Michaber 378:12 and 402:3 regarding Shemua Rechoka; Mordechai and Nimukei Yosef in Moed Katan; Beir Hagoleh 402:3 in name of Rosh regarding Shemua Kerova

[27] Taz 402:1; Shach 388:1; Beis Yosef 402 in name of Ramban; Nekudos Hakesef 402 in implication of Michaber 402:2; Masas Binyamin 82

[28] Shach 402:5 in name of Derisha and Bach 399 in name of Rashal; Taz 402:6 that we follow the day of death; Shvus Yaakov 2:100; Elya Raba 548; P”M 548 M”Z 5; Chochmas Adam 171:6; Mahariy Asad 371; Gesher Hachaim p. 264; See Poskim in Nitei Gavriel 62:3 and Volume 2 38:4 and his final conclusion is to be lenient; Rebbe in Igros Kodesh 6:103 [brought in Shulchan Menachem 5:267] writes that so is the directive of the Rebbe Rayatz to follow the day of death by a Shemua Rechoka

Other opinions: Some Poskim rule that we follow the day of burial for a Shemua Rechoka. [Shach in Nekudos Hakesef 402 based on Rabbeinu Yerucham 28:2 argues on the ruling of Rashal that he quoted in Shach 402:5, and concludes with a Tzaruch Iyun; Degul Mirivava 402; Mahariy Viyal 16; Pnei Yehoshua 9; Kitzur SHU”A 206:1; Aruch Hashulchan 402:10; Poskim in Nitei Gavriel 38 footnote 12; See Rama 376:4 in name of Maharil that regarding laws of precedence of Kaddish and Chazan, the Shloshim is counted from the day of burial.]

[29] Michaber 402:1; See Perisha 402; See Nitei Gavriel Volume 2 38:6 regarding if he heard the news by Bein Hashmashos

[30] Michaber Y.D. 402:8; O.C. 548:20; Shach 402:5

[31] Michaber 395:1; Rebbe Akiva Moed Katan 20a

[32] See previous Halacha!

[33] Chasam Sofer Y.D. 199; Aruch Hashulchan 402:2; Gesher Hachaim p. 218; Nitei Gavriel 2 39:1; See Chaim Bayad 125:29 who writes a half hour

[34] See Michaber ibid that it applies even after 12 months

[35] See Nitei Gavriel 2 39:16 for dispute in Poskim

[36] Michaber 402:2

[37] Chochmas Adam 171:2; Kitzur SHU”A 206:3; Gesher Hachaim 24:2; Nitei Gavriel 2 39:2

[38] See Chapter 19 Halacha 11I for definition

[39] See Chapter 19 Halacha 3 for definition

[40] Vetzaruch Iyun if he is wearing shoes but they are not made of leather

[41] Chochmas Adam 171:2; Kitzur SHU”A 206:3; Gesher Hachaim 24:2; Nitei Gavriel 2 39:2

[42] It suffices to do any one of these actions, and one is not required to do all three, as stated above. [Michaber ibid

[43] Michaber ibid; [Vetzaruch Iyun if he may even initially put them on, however see Shach 402:2 in reason, who implies he may even put them on.]

The reason: As it is permitted to wear Tefillin during Shiva [past the first day] and the status of the one hour of Shemua Rechoka is certainly not more stringent than day two of Shiva. [Shach 402:2 in name of Ramban]

[44] Michaber 402:1 as explained in Taz 402:2

[45] Is Gearah valid in this case if he is within thirty days of being informed? This matter is disputed amongst Poskim. See Kneses Hagedola 402; Gilyon Maharsha 402:1; Rav Akiva Eiger 402; Nitei Gavriel 2 39:4

[46] Michaber ibid; See Nitei Gavriel 2 39:17 for dispute in Poskim if it is counted from day of death or day of burial

[47] Michaber 402:1 as explained in Taz 402:2; Maharam Merothenberg Semachos Nun

[48] See Taz 402:3; Shach 402:1; Ramban; Michaber 548

[49] See Nitei Gavriel 2 39:16 for dispute in Poskim

[50] Michaber 340:18; 402:4; Moed Katan 20b; See Nitei Gavriel 2 39:9-11

[51] Michaber ibid that one is not to do Keriah; Rama 402:4 that it is forbidden to be stringent and do so; Or Zarua; Kitzur SHU”A 195:3; Poskim in Nitei Gavriel 54:1

[52] Shach 340:27

[53] Michaber 378:12 and 402:3 regarding Shemua Rechoka; Mordechai and Nimukei Yosef in Moed Katan; Beir Hagoleh 402:3 in name of Rosh regarding Shemua Kerova

[54] Nitei Gavriel 63:9, in name of Gesher Hachaim 24:2-3, and in volume 2 38:2; 39:10; Pnei Baruch 26:22

[55] See Birchas Habayis 31:5

[56] Gesher Hachaim 24:2-3; Nitei Gavriel 2 39:10

[57] See Nitei Gavriel 2 38:13

[58] Shach 397:1 and in Nekudos Hakesef 397; Bach 397; Maharam Mintz 95 [as writes Shach 397:1, although Taz 397:2 writes that he leaves the matter in question]; Teshuvas Mahariy Ben Lev 2:72; Yerios Haohel 38; Radbaz 1:302; Chadashos 62; Yad Eliyahu 44; Bechos Shur Moed Katan 20b; Poskim brought in Shaareiy Teshuvah 397:1; See Poskim in gloss of Rav Akiva Eiger 397

[59] Taz 397:2 in great length; Chacham Tzevi 33; Yad Avraham 397 in name of Birkeiy Yosef; See Poskim brought in Shaareiy Teshuvah 397:1; Poskim in Gilyon Maharsha 397

[60] See Mishmeres Shalom Samech 33; Sdei Chemed 13; Nitei Gavriel Volume 2 38:12

[61] Shevet Halevi 10:213; Nitei Gavriel ibid

[62] Maharam Mintz 95 leaves this matter in question, brought in Shach and Taz ibid; Shach 397:1 in the he printed version writes that one is to mourn, however the correct version should read “does not have to mourn” [Nekudos Hakesef 397; Rav Akiva Eiger ibid]

[63] Taz 397:2 in end; Nekudos Hakesef 397 and that so should have been written in Shach ibid, and it was a misprint

[64] Michaber Y.D. 402:5 and 7; O.C. 548:17; See also Y.D. 399:1

[65] Michaber Y.D. 402:7; O.C. 548:19

Other opinion: Some Poskim rule that Shabbos does not count as the first day, and he is to begin counting Shiva/Shloshim from Sunday, or from after Yom Tov. [Taz 402:5 and Tur 402 in name of Rav Yechiel; See Taz 402:4 in name of Rashal]

[66] See Michaber O.C. 548:2; Y.D. 399:2

[67] Michaber Y.D. 402:6; O.C. 548:17; see also 402:5

[68] Michaber 402:5; Rashba

[69] Michaber ibid “one day”; Taz 402:4 “meaning one hour”

[70] The reason: As since he did not keep a recognized form of Aveilus during the Shloshim, therefore, it is considered a Shemua Rechoka. Now, although he kept Aveilus on Shabbos/Yom Tov for Devarim Shebetzina, nevertheless, this is not enough of an act of mourning to trigger the start of Shiva to be on Shabbos, within the Shloshim. [Taz 402:4; Beis Yosef 402 in name of Rashba] Vetzaruch Iyun from the next Halacha, in which we rule that starting Shiva with Devarim Shebitzina on Shabbos Erev Yom Tov is enough to have the Yom Tov nullify it! Seemingly, however, it is not enough to consider it as Shiva to be stringent but is enough to consider it as Shiva to be lenient. Vetzaruch Iyun! See Beis Yosef 402 and Pnei Baruch 26 footnote 30 who addresses this question and answers similarly.

[71] Michaber ibid; Ramban; See Taz 402:4 for reason these laws must be kept the entire day

[72] Michaber Y.D. 402:10; 399:1; O.C. 548:17; Vetzaruch Iyun from the previous Halacha, in which we rule that starting Shiva with Devarim Shebitzina on Shabbos which is the 30^th day is not enough to have it considered a day of Shiva! Seemingly, however, it is not enough to consider it as Shiva to be stringent but is enough to consider it as Shiva to be lenient. Vetzaruch Iyun! See Beis Yosef 402 and Pnei Baruch 26 footnote 30 who addresses this question and answers similarly.

[73] 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

[74] The reason: As it is considered Tarti Desasri to both Daven Maariv and count that day as Shiva after Maariv was prayed. [Taz 402:7]

Tefillin on first day: See Nitei Gavriel Volume 2 38:10 for dispute if Tefillin worn. Practically, the Chabad custom is to always wear it even on first day, as explained in Chapter 18 Halacha 3.

[75] Taz 402:7