To purchase this Sefer, click here

Chapter 3: The laws relating to moving a corpse on Shabbos

Introduction: The following chapter will discuss the laws of Muktzah as they relate to a corpse. It will mention under what circumstances a corpse may be moved and carried outside, in which ways it may be moved, and what actions may be done to it on Shabbos.   Moving with irregularity:[1] In all cases one may move a corpse using an irregularity, such as moving the bed using one’s leg and the like.

1. Saving a dead body from a fire:

A. The problem of Muktzah: [2]

Even though a dead person is Muktzah and is forbidden to be moved, nevertheless if he is lying in a place that one fears the corpse may get burnt, then it is allowed to move him in order to rescue him [from cremation]. As the Sages [in this case] removed the moving [of Muktzah] prohibition so that one not come to [transgress] the severe prohibition of extinguishing a fire, [as if one is not allowed to move the body before the fire approaches, then he may come to extinguish the fire when it comes] since he is in panic that this dead body not get burnt [and may not think about the prohibition involved].

Moving it using a permitted item: Nevertheless, anything which is possible for him to do [to prevent the burning of the body] in a more permissible way, has to be done [first before coming to move the body directly].  Meaning if one has something which is permitted to be moved [even] not for the need of using it or [for the need of using] its place, such as for example a baby or a loaf of bread or other foods or any vessel which is designated for permitted use, then one should [move the dead body] through this object. Meaning that one places the permitted item on the dead body or next to it, and moves both of them together.

Moving it indirectly [“From the side”] such as Rolling the body over beds: If one does not have any item available that is permitted to be moved, then if the body is lying on a bed and one has another bed [available], then one [must] role him from one bed to another and from that one to the other, [using only the beds to roll him over without directly moving the body at all[3]], until he reaches it to a place that is guarded from the fire.

The reason that this is better to be done, rather than move the body directly with ones hands is: because this is considered ‘moving from the side’.[4]

Why the bed is not considered a Basis: The bed does not become a base for the body [even if the person died on it before Bein Hashmashos] since [the body] does not need the bed [at all], as [the body] is only needed to be placed on the ground.[5]

If nothing else is available: If one does not have another bed then one may carry him in the bed that he is on, or even if he is not lying on a bed, he may be moved directly with his hands in a complete Muktzah form of movement in order to rescue him from the fire.

Moving the body through a gentile: [6]  It is allowed to move the corpse through a gentile for the need of a Mitzvah, such as for a wedding [feast], even without [having the gentile] move together with it a permitted item, as every Rabbinical command [which itself is only prohibited] due to another Rabbinical command[7] is allowed to be done in a situation of a Mitzvah.

It [thus] goes without saying that in any case [mentioned above] that it was allowed to move [the body], through [moving a] permitted item together with it, out of respect [to the body], then [certainly] it is permitted to move it through a gentile even without [having the gentile move it together] with a permitted item.

B. Carrying it in an area without an Eiruv:

– May one carry the body into a Karmalis to save it from a fire? [8]

If it is impossible to rescue him without taking him out to a Karmalis, then there are those which allow this to be done, [out of care to not] disgrace the dead, so that the body not burn, as so great is the respect to humanity[9] that it [even] pushes off a negative commandment from the Torah which is “Do not stray from the words that they will tell you”, as in this Mitzvah we were commanded to listen to all the words of the Sages, and the prohibition of a Karmalis is also only a Rabbinical command[10].

Should one  move the dead body into the Karmalis using a permitted item, as explained above? [Although one is allowed to move the body even into a Karmalis] nevertheless, if one has an item available that is permitted to be moved, then one must take it out together with [the body], in order to diminish the prohibition of moving [a Muktzah object-the body- as explained in the previous Halacha].

The reason for this is because: as even though the prohibition of [carrying the body into] a Karmalis was rescinded [in this situation] due to respect of humanity [and thus so too the prohibition of Muktzah should be rescinded], nevertheless since [transgressing] the prohibition of [directly] moving [the Muktzah body] is able to be avoided through moving [the body together with] a permitted item, therefore one must try to avoid [the full Muktzah prohibition] as much as possible.

Now, even though that one is further adding to the prohibition of [carrying into] the Karmalis by moving the body together with the permitted item[11], [nevertheless] there is no problem in this, as the prohibition of [carrying into] the Karmalis was already completely rescinded by the case of taking out a dead corpse[12], however the prohibition of moving [the Muktzah body], since it is able to be avoided, we do not rescind it, as it is better to increase [the permitted transgression] of a single prohibition then to rescind two prohibitions.

-May one move the body into a Public domain?[13]

However to move [the body] to a complete[14] public domain, is forbidden, even in the case of a fire, and even according to those opinions which say that carrying out a dead person [to a public domain] is not Biblically forbidden but rather only Rabbinically, being that [carrying] it is an action that is not being done for its own use[15], as explained in chapter 278 [Halacha 2], [nevertheless it is forbidden to be done].

The reason for this is because: the rescinding of [Rabbinical] prohibitions out of respect for humanity was not applied here, since the root of the prohibition [of carrying into a public domain] is Biblical in origin, meaning that [since here] if [the carrying of the body] would be done for a need to use [it then it would be a complete Biblical prohibition, therefore it is considered Biblical in origin]. However, by a Karmalis [the prohibition was rescinded] as it is [only] Rabbinical in origin.

May one ask a gentile to carry the body into a public domain:[16] Even through a gentile it is forbidden [to carry the body] into a public domain, being that it is a disgrace for the body that people will say that Shabbos was completely[17] desecrated due to him, even though [in truth] it was only done through a gentile. However, by a Karmalis [we do not suspect for people saying so] as everyone knows that [carrying into a Karmalis] is not one of the [Biblical Shabbos] prohibitions[18], and its root is from a Rabbinical prohibition.

Summary-Moving a corpse to save it from a fire: Moving the corpse[19]: A corpse is Muktzah on Shabbos. However, to prevent it from getting burned 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. May one carry the body into a Karmalis to save it from a fire?[20] If it is impossible to save the body otherwise then this is allowed. One is to move it together with the permitted item, when available, as explained above, in order to avoid the Muktzah prohibition. May one move the body into a Public domain? To move the body to a complete public domain is forbidden even in the case of a fire, according to all opinions.[21] Even to have it moved by a gentile is forbidden.[22]

           

2. Moving the body to prevent erosion:

A. The Muktzah Prohibition: [23]

Moving it within a private domain through moving a permitted item: A dead body that is lying in the sun and one fears that it may [begin to] deteriorate, then if one has available an item permitted to be moved [Not-Muktzah], then one may move the [dead body] together with [the permitted item] from the sun to the shade.

Moving it “from the side” [through using another object to move it]: [However] if one does not [have a permitted item available] then one may not move [the body] at all, even to roll it from one bed to another.

The reason for this is: because the [Sages] only permitted moving [a Muktzah item] “from the side” when its being done for the need of a permitted item, as is explained [in 311/14], however here that he is moving [from the side] for the need of the body, which is forbidden to be moved [is Muktzah], [therefore it is forbidden to even move it from the side].

[Furthermore] the [Sages] only permitted moving the body out of respect of the dead, in face of the prohibition of carrying it out to a Karmalis, being that there is no way at all to avoid [this prohibition, and still be able to carry it to the Karmalis] when one needs to do so. However, the prohibition of moving [Muktzah] since one is able to avoid it through moving it together with a permitted item, it [thereby] was not permitted [to be moved] in any [other] fashion[24], even if one does not have available a permitted item [to move with it]. It was only by a fire that [the Sages] permitted it, in order so one not come to extinguish the fire.

B. The problem of carrying it in an area without an Eiruv:

-May one move the body into a Karmalis to prevent it from erosion:[25]

Even if one has a permitted item [to move the body with], but does not have a shady area within the domain[26] that the body is now in, [to move it into], then it is forbidden to carry it out to a Karmalis [that has shade], [even] through moving the permitted item together with it, if one is able to avoid the sun [within the current domain] through spreading out mats for shade [over the body], as will be explained.

If one has no other choice available to prevent the erosion: However if this is not possible to be done, as well as [in a case that] the dead body is lying in the house and is close to reaching deterioration [i.e. giving off bad odor], and one does not have any cold area in his domain to bring the body to, then there are opinions that permit to carry him out to the Karmalis through moving a permitted item together with it, due to the disgrace of the dead, so it not deteriorate [give off odor].

-May one move the body into a Public domain?[27]

To move [the body] to a complete[28] public domain, is forbidden, even in the case of a fire, and even according to those opinions which say that carrying out a dead person [to a public domain] is not Biblically forbidden but rather only Rabbinically, being that [carrying] it is an action that is not being done for its own use[29], as explained in chapter 278 [Halacha 2], [nevertheless it is forbidden to be done].

The reason for this is because: the rescinding of [Rabbinical] prohibitions out of respect for humanity was not applied here, since the root of the prohibition [of carrying into a public domain] is Biblical in origin, meaning that [since here] if [the carrying of the body] would be done for a need to use [it then it would be a complete Biblical prohibition, therefore it is considered Biblical in origin]. However, by a Karmalis [the prohibition was rescinded] as it is [only] Rabbinical in origin.

May one ask a gentile to carry the body into a public domain:[30] Even through a gentile it is forbidden [to carry the body] into a public domain, being that it is a disgrace for the body that people will say that Shabbos was completely[31] desecrated due to him, even though [in truth] it was only done through a gentile. However, by a Karmalis [we do not suspect for people saying so] as everyone knows that [carrying into a Karmalis] is not one of the [Biblical Shabbos] prohibitions[32], and its root is from a Rabbinical prohibition.

C. Making a tent over the corpse to protect it from the sun:[33]

The law: A corpse which is in the sun and they have no other place to be move it to, or [they do but] they do not want to move it from its place, then it is permitted to build over it a temporary tent through deception [initially making it seem that it is being done] for the need of the living.

How it may be done: This is done as follows: Two people come along and sit on the two sides [of the corpse, one on each side], on top of the ground. [When it becomes] hot for them below [on the ground] due to the heat of the ground that the sun heated, then [in a private domain] each person brings his bed there and sits on it.[34] [When] it becomes hot for them above, each one brings a mat and spreads it over the bed for shade.[35] [Afterwards, they both may depart], each one overturns their beds, and removes them[36]. In this manner, the division [needed for shade] is created on its own accord, [as it were], for the two mats are back to back near each other and their two ends are located on the ground on either side of the corpse[37].

The reason why one may not initially spread the mat over the body is because: The [Sages only] permitted to make a temporary tent [if needed in order to reduce] the pain of a live person and not for the pain of a corpse.[38] Therefore they required [people] to initially come sit [by either side of the corpse] until they are [too] hot below [sitting on the ground], in which case they may then bring beds to sit on.

[Now], even though the beds have no use needed at all in making the tent, [nevertheless they are brought] so that it appear that the spreading of the mats are not being done in order to make a tent over the corpse by attaching both [mats] together[39], but rather [the mats are being brought] in order so each one spread it over himself to shield him from the sun, [as by bringing out the beds one makes it evident that they are bothered by the heat] as [people see] that also when it was [too] hot for them from below [while on the ground] each one brought his bed and sat on them [so they say that the same applies here].

For this reason [too] they need to overturn and remove their beds from there and [thus consequently] position the spreading of the mats [over the floor] so that also here it should appear that the spreading of the mats was not done for the sake of the corpse but rather to shield themselves from the sun, as when it was [too] hot for them below they brought a bed and sat on it, and now when they have gotten up [and are ready to leave], they overturned it and brought it back.

Moving the body to a shady or cold area in order to prevent it from beginning to decompose: Moving the corpse:[40] One may only 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 it is forbidden to move it even through rolling it from bed to bed. May one carry the body into a Karmalis to prevent erosion?[41] If it is impossible to prevent erosion otherwise, then the body may be moved into a Karmalis together with the permitted item. If it is possible to bring the body to a shady/cold area within the domain that it is in, including if it is possible to set up a shady area above the corpse as will be explained, then one must do so rather than carry it out to a Karmalis. May one move the body into a Public domain? To move the body to a complete public domain is forbidden even in the case of a fire according to all opinions.[42] Even to have it moved by a gentile is forbidden.[43] Making a tent over the body:[44] One is allowed to set up a tent over the corpse in order to shade it from the sun in the following way: Two people, each sitting on the side of the corpse after feeling hot on their bottom brings a bed and lays on it, then when they feel hot on their top they bring mats and place it over them, and then depart and move the beds, having the mats slip over the corpse, leaning on each other by their top, thus forming a tent over the corpse.

3. Moving the body in order to remove its odor from the house:[45]

If the body has begun to give off bad odor inside the house, and one wants to move it [into the Karmalis] in order to remove its smell from the house[46], then if the household members have another place to go, then one may not move [the body], and rather the body is to stay in its place, and they are to go out [of that area]. However, if [they do] not [have anywhere else to go], then it is permitted to move the [dead body] out [through moving a permitted item with it], as the respect of humanity is so great [that we remove the Muktzah prohibition].

Moving a body which has begun to decompose and smell:[47] If the body is giving off a bad odor 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.

4. Moving the body out of respect for the dead:[48]

Similarly [to the case where the body gives off a foul smell] if one wants to move it out, in respect to the dead body itself so it not be disgraced amongst the living, then he is allowed to move it out if the household members have no other place to go. As well, if the body is placed in another disgraceful situation, such as for example it is on a ship and there are men gathering there, in which case this is a bit of a disgrace for the body, then it is allowed to carry him through a Karmalis to a house, through [moving together with it a] permitted item. The same law applies for all cases similar to the above.

Summary: If the body is lying in disgrace in front of other people, or is giving off a bad odor 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.

Transgressing Shabbos in order to save a body from autopsy:[49] It is permitted to perform Rabbinical Melacha in order to prevent a body from being desecrated.[50] Nevertheless, regarding Muktzah, one may only move the body with a permitted item, as explained below. Moving the body:[51] 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:[52] 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 courthouse: 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:[53] It is forbidden for a relative on Shabbos to sign a document expressing opposition to the autopsy.

5. May one move the body for purpose that does not involve its respect?

Moving the body through moving a permitted item together with it:[54] Even by a dead person, the [Sages] only permitted it [to be moved when needed to be done] out of its respect, however [they did] not [permit it to be moved just] for the need of Kohanim so they can remain in their homes, or for any other purpose even if it involves a Mitzvah.

Moving the body through a gentile:[55]  However it is allowed to move it through a gentile for the need of a Mitzvah, such as for a wedding [feast], even without [having the gentile] move together with it a permitted item, as every Rabbinical command [which itself is only prohibited] due to another Rabbinical command[56] is allowed to be done in a situation of a Mitzvah.

It [thus] goes without saying that in any case [mentioned above] that it was allowed to move [the body], through [moving a] permitted item together with it, out of respect [to the body], then [certainly] it is permitted to move it through a gentile even without [having the gentile move it together] with a permitted item.

Moving the body indirectly [such as rolling it on beds]:[57] All the above [restriction of moving the body when not needed for its honor] was only referring to moving it completely[58]. However, to move it from the side, to turn it over from one bed to another is allowed to be done even for the sake of Kohanim [so they be able to stay in their homes] or if one needs the space that the dead body is lying on, or [one needs to use] an item that the dead body is lying on.

The reason for this is because the Sages only prohibited moving [Muktzah] from the side when it is being done for the sake of the forbidden item, meaning [in this case] for the sake of the body which is forbidden to be moved. However here [when moving for Kohanim and the like] it is not being moved for the sake of the body, but rather for the sake of another matter that is permitted.

Moving the bed itself:[59] If one has no other bed available, then it is permitted to move it on its current bed, [and he is not required to shake the body off the bed when moving it] as he will then no longer be able to move it “from the side” [indirectly], and [the rule is that] anytime that one is not able to shake off [the Muktzah] then it is permitted to move [the permitted item] regularly [together with the Muktzah that is on it], as long as one is not moving it for the sake of the forbidden item, as is explained in chapter 309 [Halacha 6] regarding one who forgot a stone on top of the opening of a barrel. 

Moving a corpse together with a permitted item in order to wash it: Even to move it through moving a permitted item with it, is forbidden [when done] in order to wash it, unless it was dirty with mud and excrement to the point that [the corpse] is repulsing in the eyes of those that see it. As the [Sages] only permitted moving a corpse through moving a permitted item when being done to save it from disgrace, such as when it is by the sun [one may move it] so it not decompose, or another form of disgrace as was explained above [in Halacha 4].

Summary-Moving the body for other purpose not of the above: Having a Jew move it directly:[60] A Jew may never move the body directly even with a permitted item on it, for any purpose other than those mentioned above, even if it is in order so Kohanim can remain in their home, or for the sake of a Mitzvah. [See footnote for custom of some communities to always move a corpse when it died on Shabbos[61]] Having a Jew move it by moving the bed:[62] Is allowed in all cases that one’s intention in doing so is not for the sake of the body [other than by the case of a fire], 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. 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.]  Having a gentile move it:[63] Is allowed to be done for the sake of a Mitzvah, as is the rule by all cases of Shevus Deshuvus by a Mitzvah. Moving it in order to wash off excrement from it[64]: If the body has become repulsive as a result of the excrement then one may move it.

Rule regarding having a gentile move the body:[65] Whenever one asks a gentile to move a body in the cases permitted, there is no need for the gentile to move it together with a permitted item.

6. Laws regarding moving the body with a permitted item on it, in cases explained above that it is allowed?

Does a dead body which is clothed still need a permitted item placed on it [when being moved out of its respect]?[66] The [Sages] only required that one place an item permitted to be moved on the corpse if the corpse is naked, or is wearing the garments [that are specifically designated] for a corpse, as these [garments] are nullified to him and are thus prohibited to be moved just like him. However, a corpse which is wearing the clothing that he was wearing while alive, does not need to have any item placed on him, as these clothing [themselves] are permitted to be moved, being that they are not nullified to him since they will eventually be removed from him and have the special corpse garments placed on him [instead].

Are the clothing that the corpse is wearing considered a permitted item:[67] In all cases that it is permitted to move a corpse by placing a permitted item on it, then if the corpse is wearing the clothing that it died in, it suffices as the permitted item. However, if it is wearing the clothing that are made especially for the dead, then another permitted item must be placed on it.

7. Washing and spreading ointment over the corpse:[68]

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, as by all Muktzah just like it is forbidden to move it entirely, so too it is forbidden to move part of it.

Moving it together with a permitted item in order to wash it: Even to move it through moving a permitted item with it, is forbidden [when done] in order to wash it, unless it was dirty with mud and excrement to the point that [the corpse] is repulsing in the eyes of those that see it, as the [Sages] only permitted moving a corpse through moving a permitted item when being done to save it from disgrace, such as when it is by sun [one may move it] so it not decompose, or another form of disgrace as was explained above.

For this reason, one needs to protest what has become the custom to lift up the corpse from the pillows through [also moving] a permitted item [with it] even in situations that there is no worry that the corpse may decompose. [Furthermore] even if there is worry that [the corpse] will decompose due to the heat [released] by the pillows, then one must remove the pillows from under it and may not move [the corpse].    

May one spray preserving agents onto the corpse? It is permitted to spray vinegar on the clothing of the corpse so that it not decompose after Shabbos, and thus one will be able to deal with its purification.

The reason: This [spraying of vinegar] does not involve the prohibition of laundering, as vinegar does not whiten [clothing]. As well [there is] no decree [here that one] may come to squeeze it out [of the clothing], as this decree is only decreed against liquids that whiten, as explained in Chapter 301 [Halacha 59].

Summary-Washing and spreading ointment over the corpse:[69] 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. Spraying preserving agents on the clothing: All liquids which do not contain a laundering prohibition may be sprayed even on the clothing of the corpse.

8. Closing its mouth and eyes:[70]

Mouth: If the mouth [of the corpse] is opening then one may tie the chin in a way that it will not be able to open any further. However, [one may] not [tie it in a way that] it closes up the space that already opened, or [even] part of [that space], as it is forbidden to move [any of its] limbs.

Eye: For this reason one may not close the eyes of a corpse on Shabbos.

The custom today: Today [however] the custom is to close its eyes on Shabbos and to move a limb so it not get bent, [as they say that] there is danger involved [if this were not to be done]. One need not protest against them doing so.  

Summary-Closing its mouth and eyes: It is forbidden to close its mouth or eyes being that it is Muktzah, although one may attach a string to its chin in order to prevent its mouth from further opening. 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.

_____________________________________________________

[1] 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

[2] Admur 311:1

^[3] As otherwise this is considered directly moving it.

^[4] Meaning causing it to move through moving something else, which is better then moving it directly.

^[5] Seemingly this means that the body is meant to be on the ground and thus the bed never becomes a basis, as it serves of no benefit towards the body, as explained in chapter 309 Halacha 9.

[6] Admur 311:8

^[7] Such as here that Muktzah is a Rabbinical command, and having a gentile do even a Biblical prohibition is itself only a Rabbinical command.

[8] Admur 311:2

^[9] Tzaruch Iyun how this concept of “respect for humanity” comes to play here, as the entire reason explained above that the Sages allowed it to be moved is so the person not come to extinguish the fire, and not out of respect for humanity, so why here suddenly by the prohibition of a Karmalis do we mention a completely different idea for why we push off the prohibition? Answer: As will be explained, the reason of “honoring the dead” is already enough of a reason that the sages permitted to carry the body to a Karmalis, even in cases that there is no fire and one will thus not come to transgress anything even if moving it were not to be allowed. However by the prohibition of Muktzah the sages did not permit moving it from the side [on beds] just because of  “honor to the dead”, and only allowed it in this case that otherwise one may come to extinguish the fire. Thus regarding Muktzah the concept of not coming to do a prohibition had to be mentioned. [However to note that to move the body together with a permitted item, the sages allowed as well solely “for the respect of the dead”.]

^[10] Seemingly the novelty in this last sentence is to teach us that only the negative command of “Do not stray from their words” is pushed off because of respect for humanity as opposed to pushing off other Torah prohibitions, therefore the Alter Rebbe writes that carrying into a Karmalis is only a Rabbinical command.

^[11] As instead of just carrying the body one is now also carrying the permitted object.

^[12] Meaning since there is no way to avoid it, the Sages completely removed the prohibition, and thus it makes no difference what else one takes out with the body, for the purpose of the body.

[13] Admur 311:5

^[14] Meaning it is not a Karmalis which is only a Rabbinical public domain, but is a Biblical public domain. The details of what is considered a public domain Biblically and Rabbinically is explained in chapter 345.

^[15] There are opinions which hold that any work Biblically prohibited to be done on Shabbos is only prohibited when done for the need of the actual object. Like to carry something in public in order to use it there, or elsewhere. However when carrying it for a purpose that does not involve it, like to move a dead body, being that there is no use of a dead body, then this is only Rabbinically forbidden. [See 278 Halacha 2]

[16] Admur 311:6

^[17] Meaning a Torah prohibition was transgressed.

^[18] Lit. Works

^[19] Admur 311:1

^[20] Admur 311: 2

^[21] Admur 311:5

^[22] Admur 311:6

[23] Admur 311:3

^[24] Lit. in any matter

[25] Admur 311:4

^[26] Meaning if the body is in a courtyard that has no houses to bring the body into, and is open to the sun, and the only shade available is outside the courtyard under trees of a Karmalis, then ….

[27] Admur 311:5

^[28] Meaning it is not a Karmalis which is only a Rabbinical public domain, but is a Biblical public domain. The details of what is considered a public domain Biblically and Rabbinically is explained in chapter 345.

^[29] There are opinions which hold that any work Biblically prohibited to be done on Shabbos is only prohibited when done for the need of the actual object. Like to carry something in public in order to use it there, or elsewhere. However, when carrying it for a purpose that does not involve it, like to move a dead body, being that there is no use of a dead body, then this is only Rabbinically forbidden. [See 278 Halacha 2]

[30] Admur 311:6

^[31] Meaning a Torah prohibition was transgressed.

^[32] Lit. Works

[33] Admur 311:11

^[34] Lit. This one brings his bed and sits on it, and this one brings his bed and sits on it

^[35] Lit. This one brings his mat and spreads it on the bed, and this one brings his mat and spreads it on the bed

^[36] Lit. This one brings overturns his bed and removes it, and this one overturns his bed and removes it.

^[37] Thus, forming a miniature tepee over the corpse.

^[38] However even this only applies when one is making the tent with an irregularity, such as by holding it up with one’s hands as says here, as opposed to supporting it on something. [Ketzos Hashulchan 120 footnote 1]

^[39] Meaning by having them touch each other and form a tepee.

^[40] Admur 311:3

^[41] Admur 311:4

^[42] Admur 311:5

^[43] Admur 311:6

^[44] Admur 311:11

[45] Admur 311:4

^[46] Lit. the people living in the house

^[47] Admur 311:4

[48] Admur 311:4

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

[50] 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.

[51] 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]

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

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

[54] Admur 311:8

[55] Admur 311:8

^[56] Such as here that Muktzah is a Rabbinical command, and having a gentile do even a Biblical prohibition is itself only a Rabbinical command.

[57] Admur 311:9

^[58] Meaning actually moving it with ones hands.

[59] Admur 311:9

^[60] Admur 311:8

[61] 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 Hachayim 311:58] However other Poskim [Sheivet Haleivi 4:30] have ruled against doing so, as is the simple implication from Shulchan Aruch.

^[62] Admur 311: 9

^[63] Admur 311:8

^[64] Admur 311:12

^[65] Admur 311:8

[66] Admur 311:10

^[67] Admur 311:10

[68] Admur 311:12

^[69] Halacha 12

[70] Admur 311:13