Mourning laws applicable to Pesach

Mourning laws applicable to Pesach:[1]

1. Onen:

See Chapter 3 Halacha 23A regarding when Aninus applies on Yom Tov, and the same applies for the first and last days of Yom Tov of Pesach. However, on Chol Hamoed, the full laws of Aninus apply, as explained there.

Bedikas Chametz? An Onen is exempt from checking for Chametz and is thus to have another person do so for him.[2] He is to acquire his Chametz to another Jew and that Jew is to consequently search the house for Chametz with a blessing.[3]

Sereifas/Mechiras Chametz on Erev Pesach? Some Poskim[4] rule an Onen is not obligated in destroying his Chametz before Pesach. Other Poskim[5], however, rule he is obligated to do so. Practically, he is to destroy his Chametz.[6]

Taanis Bechoros:[7] An Onen who is a Bechor is to fast on Erev Pesach.

Matzah/Seder night: The laws of Aninus do not apply on Yom Tov unless one plans to bury the deceased on Yom Tov, as explained in Halacha A. Nevertheless, in regard to saying the Haggadah, some Poskim[8] rule the Onen may not recite the Haggadah on either the first or second night of the Seder, as it contains Pesukim and Midrashim. Rather, he is to hear the Haggadah from another person instead of saying it himself.[9] If, however, this is not possible, then he is to say it himself.[10] An Onen is not to lean on the night of the Seder upon drinking and eating Matzah.[11]

Sefiras Haomer?[12] An Onen is exempt from Sefiras Haomer. Nevertheless, if not counting the Omer will cause him to lose the ability to say a blessing on the coming nights, he is to count without a blessing.

What is one to do with the Chametz of his relative who passed away?[13] If one’s relative passed away before Pesach and one is unsure if he already sold his Chametz, then the rightful heir is to sell the Chametz if time still remains. If one is unable to sell the Chametz, such as it is already past the time of sale, then he is to explicitly state that he does not intend to acquire any of the Chametz of this relative. After Pesach, this Chametz must be destroyed and may not be benefited from by any of the heirs or other Jews.

1. Erev Pesach after the Burial:

Tefillin on Erev Pesach after burial:[14] If the burial took place on Erev Pesach, then the mourner does not wear Tefillin even after the burial takes place, as is always the rule on the first day of Shiva. [Practically, however, the Chabad custom is that the mourner puts on Tefillin after the burial without a blessing.[15]]

Seudas Havraah: Some Poskim[16] rule that a Seudas Havraah is not served on Erev Pesach in the event that the burial occurred that day or the previous night. This applies even before midday.[17] Other Poskim[18], however, rule that up until midday a Seudas Havraah is served while after midday it is not served. Some[19] suggest that it is to be served up until the end time of eating Chametz.

1. Breaking Shiva/Shloshim:[20]

The holiday of Pesach nullifies Shiva [or Shloshim]. Thus, if one began Shiva before Pesach for even a short amount of time, the Shiva is nullified by Pesach [i.e. by midday of Erev Pesach[21]] and counts as seven days towards the Shloshim. [Even if the burial took place on Erev Pesach after midday, one sits Shiva prior to Yom Tov, and at the entrance of Yom Tov his Shiva is nullified.[22] Some Poskim[23], however, rule that after midday of Erev Pesach, one is to only follow the private mourning laws that are followed on Shabbos, and it suffices to annul the Shiva.] The 7/8 days of Pesach [i.e. seven in Eretz Yisrael and eight in Diaspora] also count towards the Shloshim and hence after Pesach he is to count 15/16 days of Shloshim. [If one ended the Shiva before Pesach, then Pesach nullifies the Shloshim, as explained in Halacha 2A.]

Buried during Chol Hamoed:[24] If the burial took place during Chol Hamoed then the last day of Yom Tov does not break the Shiva.[25]

The status of Erev Pesach within Shiva:[26] On Erev Pesach, the Shiva is nullified at midday, and hence one becomes permitted in all matters of Shiva [i.e. leather shoes; learning Torah; sitting on chair] as soon as midday arrives.[27] [However, one must wait until it is near sunset in order to bathe, as explained above in Halacha 1B.[28] However, one may launder his clothing for Yom Tov anytime on Erev Yom Tov, as stated there.[29] Due to the Shloshim, one may not get a haircut, as stated there.]

Cutting nails on Erev Pesach within Shiva:[30] Some Poskim rule an Avel during Shiva may cut his nails on Erev Pesach in order to clean them from Chametz. It is to be cut by another person, or with a Shinui.

The status of Erev Pesach within Shloshim:[31] On Erev Pesach [the Shloshim is nullified at midday, and hence] one becomes permitted in all matters as soon as midday arrives.[32] Nevertheless, it is best to get a haircut prior to midday, being that it is forbidden for others to get a haircut after midday.[33] [Nonetheless, if one did not get a haircut prior to midday, he may do so after midday.[34]]

1. Shiva laws relating to before Pesach:

Bedikas Chametz:[35] A mourner during Shiva is obligated to check his house for Chametz. If he owns areas that require Bedika outside of his home, he is to appoint someone to do so in his place. If this is not possible, then he may leave his home and do so himself.

Siyum Misechta for a Bechor who is sitting Shiva on Erev Pesach:[36] Some Poskim[37] rule it is forbidden for a mourner within Shiva to participate in a Siyum Misechta.[38] He is to rather redeem the fast with charity.[39] Other Poskim[40] rule he may go to the Shul and participate in a Siyum Misechta. Alternatively, the Siyum is to take place in his house.

1. Leaning by the Seder:[41]

A mourner who did not begin Shiva before Yom Tov, and will only begin it after Yom Tov [see Halacha 1A] is not to lean on the night of the Seder.[42] However, a mourner who began Shiva before Yom Tov, and certainly a mourner during Shloshim or within 12 months, is obligated to lean on the night of the Seder.[43] [Nonetheless, he is to diminish slightly in the form of comfort that he usually has upon leaning.[44]]

1. Hallel:[45]

A mourner/Avel [within Shiva, or prior to burial] is obligated to recite the Hallel on this night [i.e. within the Haggadah], even though in general we are accustomed not to read Hallel in the home of an Avel.[46]

 

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[1] See Nitei Gavriel 124

[2] Beis Yehuda, brought in Pischeiy Teshuvah 341:6; See Peri Megadim in Pesicha Koheles 2:28, brought in Pischeiy Teshuvah 341:7, that an Onen is exempt from the Mitzvah of Tashbisu and Baal Yeraeh.

[3] Teshuvah Meahava, brought in Pischeiy Teshuvah 341:6; See Nitei Gavriel 35:1

[4] Peri Megadim in Pesicha Koleles 2:28, brought in Pischeiy Teshuvah 341:7

[5] Chomos Yerushalayim 267, brought in Pischeiy Teshuvah 341:7

[6] See Nitei Gavriel 35:2-3

[7] Nitei Gavriel 35:4

[8] M”A 548:8 in name of Maharam Lublin 73; Pesach Meubin 177; Erech Hashulchan 475:13; Kisei Eliyahu 472:1 [is lenient, however, by second Seder]; Kaf Hachaim 472:31; Poskim in Nitei Gavriel 35:7 footnote 13

[9] Maharam ibid; Poskim ibid; Poskim in Nitei Gavriel 35:7 footnote 14; Chazon Ovadia

[10] P”M 480 M”Z 1; Poskim in Nitei Gavriel 35:7 footnote 14

[11] Admur 472:4; See Poskim in Nitei Gavriel 35:9 footnote 20-21

[12] Noda Beyehuda O.C. 1:27, brought in Pischeiy Teshuvah 341:6; Gilyon Maharsha

[13] See P”M 435 A”A 2; Nitei Gavriel 124:9-10

[14] See Halacha 10A regarding Purim; Nitei Gavriel 124 footnote 8

[15] Shulchan Menachem 5:271; See Chapter 18 Halacha 3!

[16] Elya Raba 468 and Beir Heiytiv 471:9 in name of Rashal; P”M 468 M”Z 7

[17] P”M ibid

[18] Beis Yosef 378 in name of Mordechai; M”B 471:22 and Shaar Hatziyon 471:26

[19] Shaar Hatziyon ibid; See Nitei Gavriel 124:8

[20] Michaber O.C. 548:12; Y.D. 399:7

[21] Rama 399:3 based on Mahariy Mintz 64 regarding customs of Shloshim and the same would apply regarding Shiva; Tashbeitz; Chochmas Adam 169:3; Daas Torah 399:3 in name of Or Zarua; Mishmeres Shalom Ayin 20; Shevet Halevi 6:173; Nitei Gavriel 124:13

If buried Erev Pesach before midday: If one’s relative was buried on Erev Pesach before Chatzos, some Poskim rule that one sits Shiva until Chatzos, and starting from Chatzos one’s Shiva is nullified. [Rama 399:3 based on Mahariy Mintz 64 regarding customs of Shloshim and the same would apply regarding Shiva; Tashbeitz; Chochmas Adam 169:3; Daas Torah 399:3 in name of Or Zarua; Mishmeres Shalom Ayin 20; Shevet Halevi 6:173; Nitei Gavriel 124:13]

Other opinions: Some Poskim rule that even on Erev Pesach, the laws of Shiva apply close to sunset. [Shach 399:11 questions the ruling of Rama, and his understanding in the Mahariy Mintz ibid and concludes with a Tzaruch Iyun; See Birkeiy Yosef 399 based on Ritva; Kitzur SHU”A in Lechem Hapanim 220; Divrei Yatziv 240 that the ruling of Rama is limited to Shloshim, however, regarding Shiva, he too agrees that it is kept until night] Nitei Gavriel ibid concludes that we are lenient by Aveilus like the first opinion

[22] Implication of Michaber ibid and ibid that one hour before the night of Pesach suffices; All Poskim in next footnote

[23] Chochmas Adam 169:3; Mikraeiy Kodesh 58:35; Shevet Halevi 6:173; Based on Rama 399:3 regarding Shemua Kerova on Shabbos Erev Yom Tov; Nitei Gavriel Pesach 51:1; Aveilus 124:14; Vetzaruch Iyun from Setimas Hamichaber in O.C. and Y.D. ibid that implies one keeps full Aveilus before Pesach.

[24] So rule regarding Shemini Atazres nullifying Shloshim and the same applies regarding Shiva and the last day of Pesach: Michaber Y.D. 399:2; See Taz 399:4; Noda Beyehuda 14, brought in Pischeiy Teshuvah 399:8; See also Rav Akiva Eiger 399

[25] The reason: Although Shemini Atzeres is its own holiday and can potentially nullify Shloshim, this only applies if the Aveilus was already begun before the Holiday. Now although one has already begun some of the laws of Aveilus before Shemini Atzeres, such as not to launder and get haircuts, it does not suffice, as in order for Shemini Atzeres to nullify the Shloshim one must already have completed the Shiva. [Taz ibid] Thus, we see that Shemini Atzres was never considered a strong enough holiday to nullify Shiva, and its only power is to nullify Shloshim, and even this can only be done if Shiva was already completed beforehand. This certainly applies to the last day of Pesach which is not considered its own Holiday even regarding Shloshim.

[26] Rama 399:3 based on Mahariy Mintz 64 regarding customs of Shloshim and the same would apply regarding Shiva; Tashbeitz; Chochmas Adam 169:3; Daas Torah 399:3 in name of Or Zarua; Mishmeres Shalom Ayin 20; Shevet Halevi 6:173; Nitei Gavriel 124:13

Other opinions: Some Poskim rule that even on Erev Pesach, the laws of Shiva apply close to sunset. [Shach 399:11 questions the ruling of Rama, and his understanding in the Mahariy Mintz ibid and concludes with a Tzaruch Iyun; See Birkeiy Yosef 399 based on Ritva; Kitzur SHU”A in Lechem Hapanim 220:4 in length negates the understanding of Chochmas Adam ibid in opinion of Rama; Divrei Yatziv 240 that the ruling of Rama is limited to Shloshim, however, regarding Shiva, he too agrees that it is kept until night] Nitei Gavriel ibid concludes that we are lenient by Aveilus like the first opinion

[27] The reason: As at midday we began slaughtering the Pesach sacrifice [Rama ibid] and it is hence considered like a Holiday to the point that we no longer do Melacha. [See Shach 399:12]

[28] The reason: As the laws of Shloshim still apply, and we only revoke it for the sake of Yom Tov if it is near Yom Tov, as stated above.

[29] When on Erev Pesach may/should one launder? The Michaber 399:5 and O.C. 548:10 rules that laundering should be done after midday of Erev Yom Tov, however, perhaps on Erev Pesach it can be done before midday, being that there is a prohibition of Melacha after midday and everyone knows that one is laundering before midday for the sake of the Yom Tov. Nonetheless, we would not apply the rule that it must be done before midday [due to the Issur Melacha and ruling of Rama ibid regarding Shloshim to get a haircut before midday] as by a haircut the reason is because other people are prohibited in giving haircuts, and not because the Avel cannot do this Melacha after midday, as explains Shach 399:12 in negation of Levush. Thus, here regarding laundering where this reason of a haircut does not apply, it would seem that there is no preference of before or after midday. Vetzaruch Iyun Lemaaseh, as doing laundry after midday breaks the Issur Melacha [even though here we can permit an Avel] but makes it more recognizable, while before midday avoids the Issur Melacha, but makes it less recognizable.

[30] Nitei Gavriel 124:11; 2 7:8 in name of Chaim Bayad 125:76; Sdei Chemed 64; Darkei Chaim 13:8

[31] Rama ibid; Elya Raba 548:9; Chochmas Adam 169:3; Kitzur SHU”A 220:4; M”B 548:31

[32] Rama ibid based on Mahariy Mintz 64

The reason: As at midday we began slaughtering the Pesach sacrifice [Rama ibid] and it is hence considered like a Holiday to the point that we no longer do Melacha. [See Shach 399:12]

Other opinions: Some Poskim rule that even on Erev Pesach, one may not launder or bathe unless it is close to sunset, and it is only haircuts which is permitted prior to midday. [Shach 399:11 questions the ruling of Rama, and his understanding in the Mahariy Mintz ibid and concludes with a Tzaruch Iyun; See Birkeiy Yosef 399 based on Ritva]

[33] Rama 399:3; Mahariy Mintz ibid; Shach 399:12; Chochmas Adam 169:3; Kitzur SHU”A 220:4; ; M”B 548:31; Nitei Gavriel Vol. 2 5:7

The reason: As one may no longer do Melacha after midday, including haircuts. Now, although he may get a haircut after midday [as is the ruling even on Chol Hamoed regarding one who got up from mourning-Michaber 531:7] nonetheless, he will be forced to give himself the haircut as other people are forbidden in doing so for him. [Shach ibid; Mahariy Mintz ibid] Alternatively, the reason is because it is forbidden also for him to cut his hair after midday, just as is forbidden for others. [Levush 399, recorded, and negated, in Shach ibid]

[34] Implication of Rama ibid; Shach 399:12

Other opinions: Some Poskim rule that if one did not get a haircut before midday, he may not do so later on. [Levush 399, recorded, and negated, in Shach ibid]

[35] Nitei Gavriel 124:1 based on Daas Kedoshim 389:1

[36] See Pnei Baruch 21:11; Piskeiy Teshuvos 470:10; Nitei Gavriel 124:6

[37] Yad Shaul 393:3

[38] The reason: As it is forbidden for an Avel to hear words of Torah during Shiva. [ibid]

[39] Peri Hasadeh 4:57; Poskim in Piskeiy Teshuvos ibid footnote 52

[40] Leket Yosher 2:98; Poskim in Piskeiy Teshuvos footnote 53 that may go anytime; Mishmeres Shalom Samech 23 that may go after midday; Rav Fisher in end of Sefer Pnei Baruch

[41] See Admur 472:3-4; See Nitei Gavriel 124:18; Vol. 2 35:13

Wearing the Kittel by the Seder: The Kittel may be worn by the Seder by any stage Avel. [See Admur 472:4; Kaf Hachaim 472:30; Nitei Gavriel 35:12]

[42] Admur 472:4; Pesach Meubin 176; Chok Yaakov 472:5; See Taz 472:3; M”A 472:5; Bach 472; Elya Raba 472:3; Kneses Hagedola 472

[43] Admur 472:3; Pesach Meubin 176; Kneses Hagedola 472; Chok Yaakov 472:5; Siddur Yaavetz; P”M 472 M”Z 3; Divrei Menachem 35; Yeshuos Yaakov 472:2 and 5; Derech Hachaim; M”B 472:13; Misgeres Hashulchan 118:13; Kaf Hachaim 118:29; Nitei Gavriel Vol. 2 35:13

Other opinions: Some Poskim rule that an Avel within Shloshim or 12 months for a parent is not to lean on the night of Pesach. [Bach 472, brought in Taz 472:3, M”A 472:5; Elya Raba 472:3;]

[44] Chok Yaakov ibid; P”M ibid; Derech Hachaim ibid; M”B ibid; Kaf Hachaim ibid; Nitei Gavriel ibid

[45] Admur 472:5; Chok Yaakov 480:2; See Admur 131:5

[46] The reason: As this Hallel is an actual obligation. [Admur ibid]