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Chapter 21: The last day of Shiva[1]
Checklist of seventh day:
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1. The conclusion of Shiva:
The seventh day of Shiva is the final day of Shiva and is calculated from the date of burial, as explained in A. One is not required to keep the Shiva restrictions throughout the entire seventh day of Shiva, and rather as soon as the comforters finish comforting the Avel on the seventh day, the Shiva laws cease and the lesser restrictions of Shloshim take effect, as explained in B.
A. Calculating the last day Shiva:[2]
Shiva is calculated from the date of burial. If, for example, the burial was on Sunday before dark, Shiva concludes the following Monday, right after the morning services. See Chapter 13 Halacha 3 for the full details of this matter!
Buried Bein Hashmashos:[3] 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.[4] [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.] Lechatchilah, 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.[5]
B. When does the Shiva end on the seventh day?[6]
As soon as the comforters finish comforting the Avel on the seventh day [after sunrise[7]] the mourning restriction applicable specifically to Shiva cease from the Avel and it is now permitted for him to perform these previously restricted actions. It is not necessary to wait until the conclusion of the seventh day.[8] [The lesser restrictions of Shloshim now take effect, and whatever is permitted and forbidden during the Shloshim is permitted and forbidden from now on until the Shloshim. See Chapter 22 for all the restrictions that carry over from the Shiva and apply throughout the Shloshim, and for those restrictions that no longer apply. Regarding having marital relations prior to night, see Halacha 4! Regarding when the Shiva ends if the seventh day falls on Shabbos-see Halacha 5!]
The practical order of comforting that ends the Shiva:[9] The Chabad custom is as follows: Following Shacharis[10], [the mourners sit on low stools while members of the Minyan or visitors console them.[11] After the consolation,] the members of the Minyan or visitors leave the room, [allowing the mourners to sit by themselves]. [After a brief moment], the members of the Minyan or visitors return to the room where the mourners are still sitting and say the following:המקום ינחם אתכם בתוך שאר אבלי ציון וירושלים. They then verbally reprimand the mourners, and command them to stand up from the Shiva [i.e. “Stand up from your mourning of Shiva”].[12] The Aveilim are to stand up. After they stand up, the comforters are to say:[13]המקום יגדור פרצות עמו ישראל. “May Hashem heal the breaches of His people Israel.”[14] The comforters are then to bless the mourners with “long [and healthy] days and years.” [All Shiva restrictions now formally cease and the more lenient restrictions of Shloshim begin even prior to dark.] After this is done, the Avel is to use a stone to hammer a nail into the floor where they sat Shiva, as explained in C. [If Shacharis concluded prior to sunrise, the customs are to be kept until past sunrise]
If there are no comforters:[15] In the event that comforters do not show up on the seventh day to comfort the Avel, such as was the custom in Ashkenazi communities for comforters not to come on the seventh day, then the mourners must wait until the average time that the comforters came to visit on the previous day in order to get up from Shiva. This is usually after the time of Shacharis. [Thus, if Shacharis usually ended at 9:00 in the mourner’s home, then he is to get up from mourning after 9:00.] It does not help to simply wait an hour into the day and then get up from the mourning, as some people do, as the matter is solely dependent on the leave of the comforters. [If the Avel did not have a Minyan in his home during Shiva, then he is to follow the time that Shacharis ends in the Minyan of the comforters.[16] If there is no Minyan in his city, he is to cease Aveilus after his personal Shacharis prayers.[17]]
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Q&A May an Avel receive an Aliyah on the 7th day of Aveilus if it falls on a Monday, Thursday or fast day?[18] Shacharis: The Avel may not receive an Aliyah by Shacharis unless he was already comforted and got up from Shiva. In the event of a Yahrzeit on that day, or other Chiyuv, he is to have the comforters comfort him before Shacharis, or before Kerias Hatorah, and then rise from Aveilus. He may then get an Aliya by Shacharis. Mincha [on a fast day]: The Avel may receive an Aliyah by Mincha.
May an Avel receive an Aliyah on the 7th day of Aveilus if it falls on Shabbos? See Halacha 5!
Does the Avel recite Hallel on Rosh Chodesh if it is the seventh day of Shiva? Some Poskim[19] rule he does not recite Hallel even after getting up from Shiva that day after Shacharis. Other Poskim[20] rule he is to recite Hallel after Shacharis. Some suggest that the mourners are to be comforted prior to Shacharis, or immediately after Shemoneh Esrei, and then say Hallel together with the Minyan in the Shiva home.[21]
If there will not be a Minyan by the Shiva home on the seventh day, may the Avel go to Shul for Shacharis?[22] Yes. After sunrise, he may go to Shul to Daven Shacharis, [and is then to cease the customs of Shiva]. |
2. Customs relevant to the last day:
Davening Shacharis early:[23] On the last day of Shiva, one is to endeavor to Daven Shacharis earlier [than usual[24]].
Lechayim: Some Shiva homes offer a L’Chayim after Shacharis on the seventh day, in memory of the deceased. This custom was followed on the last day of Shiva of the mother of the Rebbe Rayatz.[25]
Hammering a nail into the floor:[26] The Chabad custom is to use a stone which is not a vessel [i.e. a plain stone from outside] to hammer a nail into the floor where the Avel sat during Shiva. [It is to nailed in by another person [not the Avel] and is to be done under the sitting area of every mourner.[27] When the last day of Shiva falls on Shabbos, this is performed on Motzei Shabbos.[28] Practically, the best way of doing this is to position the nail in-between the tiles and then bang it in with the stone.]
Walking around the block/home:[29] Some mourners are accustomed after getting up from Shiva on the seventh day to walk around the block of the Shiva home [starting from the right side] until they reach their home from the other side.[30] If the seventh day falls on Shabbos or Yom Tov, some do so on Motzei Shabbos/Yom Tov. Some Chabad Chassidim, and Chassidim of other sects, follow the above custom. The Rebbe followed this custom after the Shiva for the passing of his mother in 1965, although did not do so after the passing of his wife in 1988 due to lack of a source for this custom.[31] Others are accustomed to encircling the home seven times.
Entering the home of a gentile:[32] Some have the custom to visit a non-Jewish home or store after the Shiva.[33]
Visiting the Kever: Some[34] are accustomed to go to the cemetery and visit the grave of the deceased on the seventh day of Shiva, after the Aveilim get up from Shiva after Shacharis. Others[35] are not accustomed to visit the cemetery on the seventh day. [Many who visit the Kever are accustomed to reciting Hashkava, and Tehillim 119 according to the letters of the name of the Niftar. The Chabad custom, however, is to recite the Psalms printed in the Maaneh Lashon, which include 25, 34, 111, 112, 119 and from 120 until 150. This is then followed by Vayehi Noam, Yosheiv Beseiser, and Ana Bekoach.[36] If the seventh day falls on Shabbos or Rosh Chodesh, one is not to go that day[37] and is rather to go the day after.[38] If Yom Tov falls during the Shiva, some say to visit the Kever on Isru Chag while others say to visit only after seven days from burial have passed.[39]]
Erecting the Matzeiva: Some are accustomed to erecting the Matzeiva on the grave on the seventh day. The Chabad custom is to do so on the 8th day. See Chapter 30 Halacha 3 for the full details of this subject!
Day of Teshuvah:[40] The last day of Aveilus is an opportune time for soul reckoning and the doing of Teshuvah.
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Q&A May one visit the Kever on Purim if it is the 7th day of Shiva?[41] An Avel may visit the grave of his relative on Purim, at the end of Shiva. However, those people who are not Aveilim are not to participate in the visitation. [Some, however, write that even an Avel at the end of Shiva should not visit the cemetery.] Erev Purim: One may visit a grave on Erev Purim.[42] Thus, an Avel may visit the grave of his relative at the last day of Shiva on Erev Purim.[43] Shushan Purim: It requires further analysis if it is permitted to visit a cemetery on Shushan Purim, unless one lives in Jerusalem and is celebrating Purim on that day, in which case he may not visit.[44] The relatives of the deceased however may certainly visit the cemetery at the conclusion of Shiva.[45] |
3. Removing the torn shirt:[46]
Once the Shiva has concluded it is permitted [and encouraged[47]] for an Avel even of a parent to remove the torn garment and wear an untorn clothing. [This applies beginning from after the comforting that follows Shacharis on the seventh day of Shiva.[48]]
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Q&A What is one to do with the torn garment after Shiva?[49] After the Shiva is complete [i.e. after the comforting that follows Shacharis] it is proper to no longer wear the torn garment, even though there is no prohibition found from the letter of the law. One is rather to dispose of it.[50]
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4. Marital relations on the seventh day:
Some Poskim[51] rule it is permitted to have marital relations on the seventh day after Shacharis, once the Avel has gotten up from Aveilus. Other Poskim[52] rule the Avel may have marital relations even on the night of the seventh day, slightly delaying it past the normal nighttime hour that it occurs.[53] Other Poskim[54], however, rule the Avel may not have marital relations on the seventh day until nighttime, the start of the eighth day.[55] [Practically, one may be lenient in a time of need, under the direction of a Rav.]
5. Seventh day falls on Shabbos:[56]
When does the Shiva end if the seventh day falls on Shabbos? In the event that the burial was on Sunday prior to dark, and hence the last day of Shiva falls on Shabbos, when comforters do not visit the Avel, it is disputed in Poskim as to when the Aveilus of Shiva [i.e. Devarim Shebitzina] ceases on Shabbos, and when it becomes permitted for the Avel to learn Torah and wash his body [in a way permitted on Shabbos] and the like. Some Poskim[57] rule that we apply the rule Miktzas Hayom Kekulo even on Shabbos. Accordingly, from the letter of the law, once sunrise arrives on Shabbos day, all the Shiva restrictions cease, and one may even get an Aliyah by Shacharis on Shabbos in Shul, although practically, he is to only cease the Aveilus after Shacharis.[58] Other Poskim[59] however rule the Shiva restrictions only cease after Davening of Shacharis. Other Poskim[60] rule that on Shabbos we do not apply the rule of Miktzas Hayom Kekulo, and therefore the Shiva restrictions must be kept until Motzei Shabbos. [Practically, we cease all mourning customs of Shiva starting from after Shacharis on Shabbos.[61]]
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Summary: When the last day of Shiva falls on Shabbos, the mourner ceases all mourning customs of Shiva starting from after Shacharis on Shabbos.
Q&A May an Avel go to Mikveh on Shabbos morning prior to Shacharis if it is the 7th day of Shiva?[62] Yes.
May an Avel receive an Aliyah on Shabbos day if it is the 7th day of Aveilus?[63] Shacharis: Although from the letter of the law he is allowed to receive an Aliyah during Shacharis, practically, he is not to do so.[64] [However, in the event of a Yahrzeit on that day, or other Chiyuv, he may receive an Aliyah.[65]] Mincha: The Avel may receive an Aliyah by Mincha. |
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Full Summary of order of last day of Shiva: The seventh day of Shiva is the final day of Shiva, and is calculated from the date of burial. One is not required to keep the Shiva restrictions throughout the entire seventh day of Shiva, and rather as soon as the comforters finish comforting the Avel on the seventh day the Shiva laws cease and the lesser restrictions of Shloshim take effect. The Chabad custom is as follows: One is to endeavor to Daven Shacharis earlier [than usual]. Following Shacharis, the mourners sit on low stools while members of the Minyan or visitors console them. After the consolation, the members of the Minyan or visitors leave the room, allowing the mourners to sit by themselves. After a brief moment, the members of the Minyan, or visitors, return to the room where the mourners are still sitting and say the following:המקום ינחם אתכם בתוך שאר אבלי ציון וירושלים. They then verbally reprimand the mourners, and command them to stand up from the Shiva [i.e. “Stand up from your mourning of Shiva”]. The Aveilim are to stand up. After they stand up the comforters are to say המקום יגדור פרצות עמו ישראל. “May Hashem heal the breaches of His people Israel.” The comforters are then to bless the mourners with “long [and healthy] days and years.” All Shiva restrictions now formally cease and the more lenient restrictions of Shloshim begin even prior to dark, with exception to marital relations. One is to remove the torn garment and wear untorn clothing. The Chabad custom is to use a stone which is not a vessel [i.e. a plain stone from outside] to hammer a nail into the floor where the Avel sat during Shiva. It is to be nailed in by another person [not the Avel] and is to be done under the sitting area of every mourner. When the last day of Shiva falls on Shabbos this is performed on Motzei Shabbos. Practically, the best way of doing this is to position the nail in-between the tiles and then bang it in with the stone. If there are no comforters: In the event that comforters do not show up on the seventh day to comfort the Avel, then the mourners must wait until the average time that the comforters came to visit on the previous day in order to get up from Shiva. This is usually after the time of Shacharis. Visiting the Kever: Some are accustomed to go to the cemetery and visit the grave of the deceased on the seventh day of Shiva, after the Aveilim get up from Shiva after Shacharis. Many who visit the Kever are accustomed to reciting Hashkava, and Tehillim 119 according to the letters of the name of the Niftar. The Chabad custom, however, is to recite the Psalms printed in the Maaneh Lashon, which include 25, 34, 111, 112, 119 and from 120 until 150. This is then followed by Vayehi Noam, Yosheiv Beseiser, and Ana Bekoach. If the seventh day falls on Shabbos or Rosh Chodesh, one is not to go that day and is rather to go the day after. |
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[1] Shulchan Aruch chapter 395; Pnei Baruch chapter 24; Nitei Gavriel 136
[2] Michaber 375:1; Moed Katan 26a as explained by Rabbeinu Tam
[3] 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
[4] The reason: As the state of Bein Hashmashos is a Safek, while the laws of mourning are Rabbinical, and Safek Derabanan Lekula. [Poskim ibid]
[5] Pnei Baruch 8:10 and footnote 3; Nitei Gavriel 133:7
[6] Michaber 395:1; Moed Katan 19b; Tur 395 in name of Maharam Merothenberg; Rishonim brought in Nitei Gavriel 136 footnote 1
Other opinions-Miktzas Halayla Kekulo: Some Poskim rule that one does not have to wait until the morning of the seventh day, and as soon as the night enters, we say Miktzas Halayla Kekulo. [Tur 395 in name of Rabbeinu Tam] Some Poskim rule that regarding those matters that contain a Mitzvah, such as marital relations and learning Torah, one can be lenient starting from the night of the 7th day, while those matters that do not contain a Mitzvah one is to be stringent like the Michaber ibid. [Radbaz 3:559, and Hachadashos 268, brought in Pischeiy Teshuvah 395:1] Although we do not rule like this opinion, nevertheless in a time of need one may be lenient. [See Matzeivas Moshe 6; See Poskim in Pnei Baruch 24 footnote 10 and Nitei Gavriel 136 footnote 22]
[7] See Michaber ibid regarding Shloshim; Pischeiy Teshuvah 395:1; Nitei Gavriel 136:3
[8] The reason: As we apply the rule of “Miktzas Hayom Kekulo”, that part of the day is considered like the entire day. [Michaber ibid; Moed Katan ibid; See Ginas Veradim 1:1 108] Now, although by Shloshim one must wait past sunrise, an d not until the comforters leave, this is because comforters don’t come during Shloshim, it thus suffices to wait until sunrise. [Shach 395:1] Alternatively, since the laws of Shiva include active [remove sandals etc] and passive acts of mourning [i.e. don’t do], therefore one must perform some acts of the active form of Aveilus for some time into the day, and the Sages established for it to be done until the comforters leave. However by Shloshim, since there is only passive Aveilus laws applicable, it therefore suffices to wait until sunrise. [Taz 402:5 in explanation of Reb Yechiel, brought in Tur 402]
[9] Sefer Haminhagim p. 178 [English; p. 77 Hebrew]; Sichas 19th Iyar 1952 [last day of Shiva of Rebbe, not published in Toras Menachem]; See Nitei Gavriel 136:11 footnote 15 in name of Poskim for other ceremonies done to the Aveilim on the last day.
Shabbos: When the last day of Shiva falls on Shabbos there are different customs involved as to when the final condolence procedure and verse of “Hamakom Yigdor” is to be recited. See Nitei Gavriel 136:25 and Poskim there
[10] See Sefer Haminhagim ibid “After the last prayer prior to getting up from Aveilus”, Vetzaruch Iyun why the word Shacharis simply was not used.
[11] See Nitei Gavriel 136:1; They are not to say Hamakom Yinachem prior to leaving the room the first time, after consoling them, as they will in any event be saying it after they return.
[12] Sefer Haminhagim ibid; This custom is also recorded in Nachamu Ami 21:12, Pnei Baruch 24:1, Nitei Gavriel 136:1
[13] Brachos 46b; See Michaber Y.D. 79; Admur 189:8
[14] Sefer Haminhagim ibid; See however Reshimos Hayoman p. 414 that by the end of Shiva of Rebbe Rayatz for his mother he directed that the verse of “Hamakom Yigdor” be said right after the regular Nussach, and only afterwards did they reprimand the Avel; See Pnei Baruch ibid and Nitei Gavriel 136:11 footnote 15 in name of Poskim for other customs of verses recited by the comforters to the Aveilim.
[15] Rama 395:1 in his own opinion
Other opinions: Some Poskim defend the custom recorded in Rama ibid that waiting one hour suffices. [Daas Torah 395 in name of Pnei Yehoshua 2:29]
[16] Kitzur SHU”A 216:1
[17] Nitei Gavriel 136:2 in name of Poskim
[18] See Michaber 384:1 and 395:1; Nitei Gavriel 136:6 and 9 in name of Shaareiy Ephraim 8:101; Zera Emes 2160; Beis Naftali 14
[19] Yosef Daas 378
[20] Pischeiy Teshuvah 376:2; Poskim brought in Pnei Baruch 10:30 footnote 67 and Nitei Gavriel 96:7
[21] Daas Kedoshim 376; Piskeiy Teshuvos 131:20; Poskim in Nitei Gavriel 96:9
[22] Darkei Hachaim 29:1; Nitei Gavriel 136:4 in name of Shemesh Utzedaka 40
[23] Sefer Haminhagim p. 178 [English]
[24] Reply of Rebbe to Nitei Gavriel 136 footnote 7 that the intent of Hashkama is earlier than the previous days and not by Hashkamas Haboker
[25] See Toras Menachem-Reshimos Hayoman p. 414 that the Rebbe Rayatz agreed to the Rebbe to have Lechayim distributed.
[26] Sefer Haminhagim p. 178 [English]; See Reshimos 5 [printed in Toras Menachem Tziyon p. 29] that when the Rebbe Rayatz sat Shiva for his mother he instructed for three Chassidim to come in and be Menachem him, and then say Hamakom Yigdor and admonish him to get up and bless him with long years. After he leaves the room, he instructed for the Chassidim to place a nail in the area he sat, with a stone
Other customs: Some have the custom to place a stone on the area that they sat Shiva. [Pnei Baruch 24:1; Darkei Chesed 25:11]
[27] Rabbi Leibel Groner in a written correspondence that so instructed the Rebbe; In his words: “The nail is placed not by the Avel but someone else. The Rebbe instructed that a nail should be placed under each seat where an Avel sat.”; See Reshimos Hayoman p. 414 that the Rebbe Rayatz did not hammer the nail into the area of the floor but another person did it for him.
[28] Nitei Gavriel 136:12
[29] Darkei Chesed 25:11; Nitei Gavriel 136:16
[30] The reason: Some say this walk accompanies the soul to its new resting place in heaven. [Darkei Chesed ibid]
[31] Nitei Gavriel ibid footnote 23
[32] See Yagdil Torah 1:21 and Nitei Gavriel 136 footnote 24 for a story with the Tzemach Tzedek in this regard.
[33] The reason: As the Satan cannot rule over two nations at once, and hence will be compelled to depart from the mourner and not harm him. [ibid based on Shabbos 32a]
[34] M”A 696:5 in name of Maharash Levi 13:25; Michaber 344:20 based on Tur and Rav Haiy Gaon regarding a Chacham, Aluf, Vegaon, and some are accustomed to do so for all deceased relatives as brought in M”A ibid; Poskim brought in Nitei Gavriel 136:17 footnote 25
[35] Aruch Hashulchan 344:12 that this Minhag is no longer practiced today
[36] Darkei Chesed ibid, and so is printed in the Maaneh Lashon to be said when visiting the Kever; See however Nitei Gavriel 67 footnote 13 who writes the Chabad custom is like the Minhag to say Tehillim 33, 16, 17, 72, 91, 104, 130 and that so was done by the Rebbe by the Matzeiva of the Rashag and the Rebbetzin; When the Rebbe was asked as to which Psalms to recite when erecting the Matzeiva, he directed the asker to ask Rabbonei Anash as to their custom. [See Igros Kodesh 4:173]
[37] Kol Bo brought in Beir Hagoleh Yoreh Deah 344:20 [regarding Rosh Chodesh even if falls on seventh of Shiva] Shaar Hayichudim of Arizal p. 5 [the souls are not by the graves]; Alef Hamagen 581:110; Mishmeres Shalom 5:129
[38] Gesher Hachaim; Nitei Gavriel 136:19
[39] See Nitei Gavriel 136:20
[40] Rama in Mechir Yayin; Nitei Gavriel 136:29
[41] M”A 696:5 in name of Maharash Halevi 13; Kneses Hagedola 696; Olas Shabbos 696:2; Elya Raba 696:3; M”B 696:8; Kaf Hachaim 696:17
[42] Gesher Hachaim 1 p. 259
Ruling of M”A ibid: The M”A ibid rules that it is forbidden to visit the grave even on Erev Purim. That however only refers to a case that the Aveilus is ending on Purim, as then people will mistakenly think that Purim ends Aveilus. If however the Aveilus truly ended on Erev Purim, the M”A never negates the visitation. See also next footnote.
[43] See Piskeiy Teshuvos 696 footnote 16 who explains the ruling of the M”A 696:5 to forbid going to a grave site on Erev Purim to only be referring to the women who lament over the grave, however the Avel may visit he grave at the end of Shiva.
[44] The M”A ibid does not mention any issue with visiting on the 15th and only mentions his law regarding the 14th. Although we do not recite Hespeidim on any day that Tachanun is not recited, nevertheless, this does not mean that we do not visit cemeteries. However, we fine regarding Chanukah and the month of Nissan that the Poskim write not to visit the grave due to the prohibition against eulogies, as visiting a grave can lead to eulogies, and perhaps the same should apply to Shushan Purim. [See Ben Ish Chaiy Vayeishev 22; Kaf Hachaim 670:23; Piskeiy Teshuvos 670:1]
[45] As rules M”A ibid regarding Purim itself
[46] Michaber 340:14
[47] See next!
[48] See Michaber 395:1; Mishmeres Shalom Kuf 82 in name of Maharsham [who is stringent] and Rav Achaiy Gaon who is lenient; Nitei Gavriel 57:11 footnote 23 and Pnei Baruch 1:20 footnote 69 and 24:2 footnote 5 who in length proves the Avel may switch garments beginning from after Shacharis, unlike the claim in the name of the Maharsham
[49] Michaber 340:15 and 19 and 39
[50] Darkei Chaim Veshalom 981 being that wearing this garment arouses Divine judgment.
[51] Implication of Rav Haiy Gaon, brought in Tur O.C. 555, Taz 555:1 and P”M 555 M”Z 1; Implication of Taz 402:5 “On Shabbos after Shacharis he is permitted in everything and there is no Aveilus of Shiva on him at all”; Implication of Shach 402:4 “One is not required to follow Devarim Shebitzina the entire day”; Bach 402, in explanation of Reb Yichiel in Tur 402, brought in Taz 402; Radbaz 3:559, brought in Pischeiy Teshuvah 395:1 regarding Miktzas Halayla Kekulo; Aruch Hashulchan 395:3;
[52] Radbaz 3:559, brought in Pischeiy Teshuvah 395:1; See Matzeivas Moshe 6 and many Poskim in Pnei Baruch 24 footnote 10 who are lenient like Rabaz in a time of need, such as Leil Tevila and the husband is traveling the next day
[53] The reason: As some Poskim rule that one does not have to wait until the morning of the seventh day, and as soon as the night enters, we say Miktzas Halayla Kekulo. [Tur 395 in name of Posek] Therefore, regarding those matters that contain a Mitzvah, such as marital relations and learning Torah, one can be lenient starting from the night of the 7th day. [Radbaz 3:559, and Hachadashos 268, brought in Pischeiy Teshuvah 395:1]
[54] Sefer Chassidim 240; Maharam 549, brought in Taz ibid [However see Aruch Hashulchan ibid that he did not find such a source in the Maharam]; Perisha 395:2 in name of Rashal; Rav Akiva Eiger Y.D. 395; Minhagim Worms p. 306; Misgeres Hashulchan 395; Kitzur SHU”A 216:1; See Makor Chesed on Sefer Chassidim ibid that notes to Moed Katan 24a and Yerushalmi Moed Katan; Nitei Gavriel 136:21
[55] The reason: As the concept of Miktzas Hayom Kekulo only applies regarding the other mourning customs.
[56] See Piskeiy Teshuvos 287:3
[57] Taz 402:5 and O.C. 548:5; Shach 402:4 in negation of Bach; Rabbeinu Yechiel in Tur 402 that Miktzas Hayom applies even on Shabbos [although he does not mention sunrise]; Kitzur SHU”A 216:1; Givat Shaul 70, brought in Pischeiy Teshuvah 395:2
[58] Taz 402:5
The reason: As we apply the rule of “Miktzas Hayom Kekulo”, that part of the day is considered like the entire day even on Shabbos. [Rabbeinu Yechiel ibid] Now, although by the weekday one must wait even past sunrise until the comforters leave, and only by Shloshim does it suffice to wait until sunrise, nevertheless on Shabbos when there are no comforters it suffices to wait until sunrise, just like Shloshim. The reason for this is as follows: The laws of Shiva include active [remove sandals etc] and passive acts of mourning [i.e. don’t do], therefore one must perform some acts of the active form of Aveilus for some time into the day, and the Sages established for it to be done until the comforters leave. However by Shloshim, since there are only passive Aveilus laws applicable, it therefore suffices to wait until sunrise. Now, on Shabbos since all public Aveilus ceases, the only applicable private restrictions of Aveilus involve passive restrictions, and it is hence similar to Shloshim which concludes the Miktzas Hayom upon sunrise. [Taz 402:5 in explanation of Reb Yichiel, brought in Tur 402] It is therefore even permitted for him to get an Aliyah by Shacharis, although since during the week he waits until after Shacharis on the seventh day to cease the customs of Aveilus therefore also on Shabbos he is to wait until after Shacharis. [Taz ibid]
[59] Givat Shaul 70, brought in Pischeiy Teshuvah 395:2
[60] Bach 402, brought in Taz and Shach ibid; Custom of some people brought in Bach ibid, to sit Aveilus for some time after Shabbos to make up for Shabbos; The Taz vehemently opposes this opinion of the Bach and states the people who follow this custom are not reliable, and it came about from a mistaken comparison to the law by Shemua Rechoka
[61] So rule majority of Poskim, unlike Bach, and also the Taz concludes to follow the customs until after Shacharis, just like a weekday; Daas Torah 395 in name of Pnei Yehoshua; Minchas Elazar 2:26; Nitei Gavriel 136:22; Pnei Baruch 24
[62] Minchas Elazar 2:26
[63] Taz 402:5 based on Rabbeinu Yechial in Tur 402; Gilyon Maharsha 384:1; Nitei Gavriel 136:23
Other opinions: Some Poskim rule he may not receive an Aliyah even on Mincha of Shabbos, as we do not say Miktzas Hayom Kekulo on Shabbos. [Bach, brought in Taz ibid; The Taz negates his opinion] Other opinions rule one may receive an Aliyah even in Shacharis, if the Shacharis Minyan is later than the regular Minyan during the week. [Beir Moshe 2:11[
[64] The reason: As since during the week he does not get an Aliya by Shacharis on the seventh day therefore also on Shabbos he is to wait. [Taz ibid]
[65] Nitei Gavriel 136:23 and 28 and footnote 36 in name of many Poskim; See Beir Moshe 2:11
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