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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 Sukkos. However, on Chol Hamoed, the full laws of Aninus apply, as explained there.
Daled Minim: An Onen does not fulfill the Mitzvah of Daled Minim during Chol Hamoed, although he is to fulfill the Mitzvah on Yom Tov of Sukkos. If there is no one else available to do so on his behalf, the Onen may purchase a set of Daled Minim before Sukkos.
Sukkah: On Erev Sukkos, an Onen may build the Sukkah if there is no one else available to do so for him.[1] An Onen is obligated to dwell in the Sukkah during Yom Tov and is to recite a blessing. However, on Chol Hamoed, some Poskim[2] rule the Onen is not obligated to dwell in the Sukkah. Other Poskim[3] however rule he is obligated to dwell in the Sukkah. Practically, he is to eat in the Sukkah without a blessing.[4]
Hoshanos: An Onen does not go around the Bima for Hoshanos, just as is the law regarding an Avel. See E!
Hoshana Raba:[5] An Onen may not recite Tikkun Leil Hoshana Raba.
Simchas Torah:[6] The Onen is not to participate in Hakafos on Simchas Torah, unless he is escorted, just as is the law regarding a mourner within the first year. See H! An Onen may receive an Aliya on Simcha Torah.[7]
- Breaking Shiva/Shloshim:[8]
The holiday of Sukkos nullifies Shiva and shortens or nullifies Shloshim. The following are the details of this matter:
Began Shiva between Yom Kippur and Sukkos – Breaking Shiva and shortening Shloshim: Thus, if one began Shiva before Sukkos, the Shiva is nullified by Sukkos and counts as seven days towards the Shloshim. The 7 days also count towards the Shloshim. Furthermore, Shemini Atzeres counts as a full seven days [however does not nullify the Shloshim[9]].[10] Furthermore, in the Diaspora, the second day of Shemini Atzeres counts as a further day of Shloshim. Thus, [in Eretz Yisrael] one counts after Shemini Atzeres 9 days of Shloshim and [in the Diaspora] one counts 8 days of Shloshim. If one ended the Shiva before Sukkos, then Sukkos nullifies the Shloshim.
Began Shiva before Yom Kippur – Breaking Shloshim: Yom Kippur is considered like a holiday to nullify the Aveilus [of Shiva or Shloshim].[11] Thus, if one began Shiva before Yom Kippur for even a short amount of time, the Shiva is nullified by Yom Kippur, and after Yom Kippur he is to count Shloshim until Sukkos, which then nullifies the Shloshim.
Burial during Chol Hamoed Sukkos:[12] If the burial took place during the Sukkos festival, then Shemini Atzeres does not break the Shiva or Shloshim.[13]
The status of Erev Sukkos within Shiva:[14] Whenever Yom Tov arrives in the midst of Shiva [i.e. days 2-7], and hence Erev Yom Tov is still part of Shiva [i.e. days 1-6], the laws of Shiva continue to fully apply on Erev Yom Tov. Thus, it is forbidden for the mourner who is within Shiva to get a haircut on Erev Yom Tov.[15] Likewise, it is forbidden for an Avel within Shiva to cut his nails even on Erev Yom Tov.[16] Likewise, all other customs of Shiva, such as sitting on a low stool, and not wearing leather shoes [and not learning Torah] fully apply until the start of Yom Tov.[17] However, it is permitted for the mourner to launder his clothing on Erev Yom Tov.[18] Nonetheless, he is not to wear the clothing until the nighttime [when Yom Tov begins]. Likewise, it is proper to delay the laundering until after midday.[19] Likewise, one may bathe his body after [Davening[20]] the Mincha prayer, close to nighttime.[21] [This is to be done at the very least within one to two hours prior to nighttime, and not beforehand.[22] However, it is best to do so as close as possible to nighttime.[23]]
The status of Erev Sukkos within Shloshim:[24] In a case that the Yom Tov nullifies the Shloshim, then on Erev Yom Tov, it becomes permitted to launder clothing for Yom Tov [anytime on Erev Yom Tov, although preferably after midday[25]]. [Nonetheless, some Poskim[26] rule that he is not to wear the laundered clothing, or Shabbos clothing, until the nighttime, when Yom Tov begins.] Likewise, near sunset[27] [within one to two hours beforehand[28]] one may bathe one’s body[29], and [cut his nails[30] and], get a haircut [if he is in mourning for relatives other than a parent[31]]. The above applies even if the seventh day of Shiva falls on Erev Yom Tov.[32] If, however, he is in mourning for a father or mother, then it remains forbidden for him to get a haircut on Erev Yom Tov, until Shiur Gearah has been reached [see chapter 23 Halacha 10].[33]
Building the Sukkah during Shiva or Aninus:[34] On Erev Sukkos, an Onen may build the Sukkah if there is no one else available to do so for him.[35] Likewise a mourner during Shiva may build the Sukkah himself if there is no one available to do so for him.[36]
Dwelling in the Sukkah – Before Burial: An Onen is obligated to dwell in the Sukkah during Yom Tov and is to recite a blessing. However, on Chol Hamoed, some Poskim[37] rule the Onen is not obligated to dwell in the Sukkah. Other Poskim[38] however rule he is obligated to dwell in the Sukkah. Practically, he is to eat in the Sukkah without a blessing.[39]
Dwelling in the Sukkah – After Burial:[40] A mourner [after burial] is obligated in the Mitzvah of Sukkah even during the first day of mourning.[41] He is obligated to remove the sadness from his heart and dwell in the Sukkah in a way that he is not pained at all while sitting in the Sukkah. However, if in truth he is unable to remove the sadness from his heart, such as if the deceased relative was very dear to him, and he is therefore in a state of pain while in the Sukkah being that he needs privacy and seclusion inside his home in order to handle the mourning, then he is exempt from the Mitzvah.[42]
Buying Daled Minim:[43] A mourner during Shiva, or in the state of Aninus, may go out to buy Daled Minim if there is no one available to do so for him.
Selling Daled Minim:[44] If a Daled Minim seller became an Avel before Sukkos, he may nevertheless continue selling his merchandise if there is no one who can take him over and a loss of sale would be a great loss.
The Mitzvah of Daled Minim – Before burial:[45] During Chol Hamoed, the Onen is not to fulfill the Mitzvah of Daled Minim[46], however, he is to fulfill the Mitzvah on Yom Tov of Sukkos.[47]
Daled Minim – After burial: A mourner [after burial] is obligated in the Mitzvah of Daled Minim even during the first day of mourning.
- Hakafos of Hoshanos:[48]
A mourner does not encircle the Bima by Hoshanos.[49] This applies both to an Onen, or one who is within the 12-month period after the passing of his father or mother.[50] [It likewise applies to a mourner within thirty days of the passing of one of the other seven other relatives.[51] However, some Poskim[52] are lenient to allow a mourner for other relatives to perform the Hakafah. It is proper for the mourner to hand his Lulav set to another person to do Hoshanos in his stead.[53] Vetzaruch Iyun if the mourner should hold the Sefer Torah during the Hoshanos, or if he should not participate at all.[54]]
- May an Avel participate in Simchas Beis Hashoeiva?[55]
Some Poskim[56] rule he may only join as a spectator and may not join the dancing. Others[57] rule he may even join the dancing however on condition that musical instruments are not being played. Others[58] rule he may even join if there is live music playing.
- Hoshana Raba:[59]
A mourner who is between the burial and start of Shiva may read the Tikkun Leil Hoshana Raba, if he does so every year.
May an Avel dance during Hakafos?[60] Some Poskim[61] rule it is forbidden for an Avel [within Shloshim, or within the first 12 months of mourning for a parent] to participate in the Hakafos on Simchas Torah. Other Poskim[62] rule it is permitted for him to participate, Practically, the Chabad custom is that a mourner is not to participate in the Hakafos alone, but rather with an escort.[63] [He is to take hold of the Sefer Torah and have another person hold his arm while encircling the Bima.[64] Alternatively, another person takes hold of the Sefer Torah, and the Avel holds onto the Eitz Chaim while encircling.[65]] According to all, he may watch the Hakafos from the side. If he was offered to join the Hakafos, some[66] write that he may not refuse, due to the prohibition of showing public Aveilus.
Hakafos Sheniyos: A mourner may not participate in Hakafos Sheniyos in the event that music is playing. If no music is playing, he may participate with an escort, as stated above.
Aliyah: An Avel prior to Shiva may receive an Aliyah during Simchas Torah.[67] However, some write he is not to be called up as one of the 5 required Aliyos.[68] Certainly, he is not to be called up for Chasan Torah, Chasan Bereishis, or Maftir.[69] However, if he has a Chazaka to receive that Aliyah, then he may receive it due to it otherwise being public mourning, unless he lives in the Diaspora, in which case it is better to Daven in another Shul in such a case.[70]
Joining the celebratory meal of Simchas Torah:[71] The Avel may participate in the celebratory meal of Simchas Torah that is sponsored by the Chasan Torah for the sake of the Siyum celebration, as he too has completed the Torah.
[1] Darkei Hachaim 2:33
[2] Bikureiy Yaakov 640:19; brought in M”B 640:31; Kaf Hachaim 640:49
[3] Possibility offered in P”M 640 A”A 10 that only Sheiv Veal Taaseh is exempt, brought in M”B ibid; Darkei Hachaim 2:3
[4] See Nitei Gavriel 32:4
[5] See Nitei Gavriel 32 footnote 10
[6] See Nitei Gavriel 32:8
[7] Das Eish 7, brought in Pischeiy Teshuvah 399:1; SS”K 65:37; See M”B 548:16; Nitei Gavriel 32:10
[8] Michaber O.C. 548:16; Y.D. 399:11
[9] Michaber ibid and ibid; Taz 399:6 in name of Rosh
The reason it does not nullify the Shloshim: The Holiday of Shemini Atzeres does not nullify the Shloshim being that one did not keep any of the recognized laws of Shloshim post Shiva, prior to Shemini Atzeres. Now, although one does not launder during Chol Hamoed, this is due to the laws of Chol Hamoed and hence cannot be used to nullify the Shloshim. [Taz 399:6 in name of Rosh] Now, although there are added stringencies to this prohibition due to the Aveilus of Shloshim, as explained in Michaber 399:3 based on Ramban, nevertheless, there must be an act of mourning of Shloshim being practiced that is unique and recognizable to others in order for the Chag to nullify the Shloshim. [Taz ibid]
[10] Michaber ibid
[11] Michaber O.C. 548:11; Y.D. 399:6; 399:1 that a Regel nullifies Shiva; Mishneh Moed Katan 19
[12] So rule regarding Shloshim and the same applies regarding Shiva: Michaber Y.D. 399:2; See Taz 399:4; Noda Beyehuda 14, brought in Pischeiy Teshuvah 399:8, who questions that perhaps according to Rabbeinu Tam Shemini Atzeres should nullify the Shloshim; See also Rav Akiva Eiger 399
[13] 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 string 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.
[14] Michaber O.C. 548:10; Y.D. 399:5
[15] Shach 399:14
The reason: As the holiday does not nullify the Shloshim being that the Shiva has not yet been completed prior to the start of the Holiday. [Shach ibid]
[16] See Michaber 390:7 that the prohibition of nail cutting is similar to that of haircutting; See also Nitei Gavriel 2 7:7-8
Erev Pesach: See Halacha 11B!
[17] Admur 606:14 regarding Yom Kippur; M”A 548:14; Nemukei Yosef; M”B 548:39; See Nitei Gavriel 119:8; Mateh Ephraim 625:13; Devar Moshe 3:21; Daas Kedoshim 399:4
Other opinions: Some Poskim are lenient beginning from Mincha Ketana to permit these things. [Elya Raba 548:11 in name of Raavan; Bigdei Yesha 548; Kaf Hachaim 548:54; brought in Shaar Hatziyon 548:29]
[18] Michaber O.C. 548:10; Y.D. 399:5
The reason: As the decree of Shiva has already concluded. [Shach 399:14]
[19] The reason: In order so it is recognizable to all that he is laundering the clothing out of respect to the Holiday. [Michaber ibid]
[20] M”A 548:14 in implication of Michaber ibid and ibid and Bach 606 that he must actually Daven Mincha, which signifies the start of the Holiness of the Holiday; M”B 548:40; Rebbe in next footnote
[21] 2nd opinion in Michaber O.C. 548:10; Y.D. 399:5; Rama Y.D. 399:5 [in contradiction of Rama 548:10; See Shach and Taz ibid for how they answer this contradiction]
[22] See M”A 606:10 [permits 1-2 hours beforehand by Erev Yom Kippur]; Aruch Hashulchan 548:8 [permits 1-2 hours beforehand by Yom Tov]; See however Rebbe in next footnote
[23] See Toras Menachem 41:49 and Igros Kodesh 29:9, printed in Shulchan Menachem 5:283, which seems to negate the above allowance of 1-2 hours and require one to immerse as close as possible to the start of Yom Tov and not 1-2 hours beforehand. So can also be implied from M”A ibid that the allowance only applies to Erev Yom Kippur and not another Yom Tov. Vetzaruch Iyun
[24] Michaber O.C. 548:8; Y.D. 399:3; Mateh Ephraim 625:11; Chochmas Adam 169:3; Kitzur SHU”A 250:4; Nitei Gavriel Vol. 2 5:1
[25] See Michaber O.C. 548:10; Y.D. 399:5 regarding Shiva that the laundering may be done anytime on Erev Yom Tov, although it is best to do so near midday. One must thus conclude that the Rama’s statement [brought next] requiring it to be done near nighttime is limited to bathing and haircuts and not to laundry.
[26] Michaber Y.D. 399:5 regarding Shiva; Shvus Yaakov 3:90, brought in Pischeiy Teshuvah 399:6 and Gilyon Maharsha 399;
Other opinions: Some Poskim rule it is permitted to even wear the clothing near sunset. [Teshuvos Bach 12; Rama 400:2 regarding Erev Shabbos of 30th day; Beis Hillel 399; Beis Lechem Yehuda 399; Teshuas Chein 33; Pischeiy Teshuvah 399:6; Shaareiy Teshuvah 548:6] However, new Shabbos clothing should not be worn. [Pischeiy Teshuvah 399:6; Shaareiy Teshuvah 548:6; Chochmas Adam 169:1; P”M 548 leaves this matter ion question]
Changing seats in Shul: Some Poskim rule it is permitted to sit in one’s regular seat even before sunset. [Teshuvos Bach 12; Rav Akiva Eiger 399; Shaareiy Teshuvah 548:6]
[27] Rama Y.D. ibid and O.C. ibid regarding bathing; Tur 399; Ravayah; Hagahos Ashri brought in Beis Yosef 548; See Shach 399:10 regarding negation of source in Tur ibid
The reason: In order so it be readily apparent to all that he is doing so due to the Holiday. [Shach ibid in name of Ravaya]
Other opinions: Some Poskim rule it is permitted for this to be done anytime on Erev Yom Tov, and especially after midday. [Implication of Setimas Michaber ibid; Implied ruling of second opinion in Michaber 548:10 as learns Biur Hagr”a 548, Kaf Hachaim 548:39, Biur Halacha 548; See Sdei Chemed 210; Nitei Gavriel Vol. 2 5:1]
[28] See M”A 606:10; Aruch Hashulchan 548:8; See Toras Menachem 41:49 and Igros Kodesh 29:9, printed in Shulchan Menachem 5:283 regarding Shiva; Vetzaruch Iyun if here too one is to Daven Mincha beforehand, although seemingly, being that not bathing during Shloshim is only a custom, one may therefore be lenient.
[29] Michaber Y.D. ibid; Rama O.C. ibid that this applies even according to the Ashkenazi custom which prohibits bathing during Shloshim, it is permitted close to the festival, being that the festival breaks the Shloshim; The Rama ibid writes that one may bathe near the start of Yom Tov, and there is no need to wait until the start of Yom Tov to bathe.
[30] Nitei Gavriel 2 7:7 in name of Mateh Ephraim 625:13; Devar Moshe 3:21; Daas Kedoshim 399:4
[31] Michaber 399:4; See Nitei Gavriel Vol. 2 5:2-3
[32] Michaber O.C. ibid and Y.D. ibid
[33] Michaber O.C. 548:9; Y.D. 339:4; Rama 390:4
[34] Nitei Gavriel 123:2
[35] Darkei Hachaim 2:33
[36] Nitei Gavriel 123:2
[37] Bikureiy Yaakov 640:19; brought in M”B 640:31; Kaf Hachaim 640:49
[38] Possibility offered in P”M 640 A”A 10 that only Sheiv Veal Taaseh is exempt, brought in M”B ibid; Darkei Hachaim 2:3
[39] See Nitei Gavriel 32:4
[40] Admur 640:13; Michaber 640:5; Tur 640:5; Rav in Sukkah 25b
[41] The reason: Although it is painful for a mourner to dwell in the Sukkah being that he desires to be left alone so he can properly mourn and digest his pain and grieving, nonetheless, he is obligated to remove this pain from his heart and dwell in the Sukkah in a way that he feels no pain. [Admur ibid; M”A 640:10; Rosh Sukkah 2:7; See M”B 640:31]
[42] Admur ibid; M”A ibid; Tanya 83; M”B 640:31; Kaf Hachaim 640:48
Other opinions: Some Poskim rule that a mourner is always obligated in the mitzvah of Sukkah even if he is very distraught and in a great state of grieving. [Yeshuos Yaakov 640:4; Brought in M”B 640:31 and Kaf Hachaim 640:48]
[43] Nitei Gavriel 123:2
[44] Nitei Gavriel 123:1
[45] Admur 71:1; Michaber Y.D. 341:1; Mishneh Brachos 17b; Michaber O.C. 71:1 regarding Shema
[46] See Michaber O.C. 548:5; Y.D. 399:1; Taz 399:3
[47] See Admur 71:3; Michaber O.C. 71:2; 548:5; Yoreh Deah 341:1 [“On Shabbos and Yom Tov… and he is obligated in all the Mitzvos… unless he plans to bury the body through gentiles”]; Shach 399:6; Taz 399:3; Mateh Ephraim 585:6-8; Nitei Gavriel Aveilus 30:1; 31:3
[48] Rama 660:2 that so is the custom; Kol Bo; Sefer Haminhagim p. 179 [English]; Shulchan Menachem 5:312; See Piskeiy Teshuvos 660:4; Nitei Gavriel Vol. 2 35:3-7 footnote 4 that so directed the Rebbe Rayatz to the Rebbe not to do Hakafos
Other opinions: Some Poskim rule an Avel may perform the Hakafos by Hoshanos. [Beis Yosef 660; Siddur Yaavetz; Chayeh Adam 148:19; Kaf Hachaim 660:17 according to Arizal; Divrei Malkiel 2:91; Gesher Hachaim 2:3-6; Minchas Yitzchak 6:2; Poskim in Piskeiy Teshuvos 660:4 and Nitei Gavriel Vol. 2 35:3] The Rebbe Rashab performed Hakafos of Hoshanos when he was in Aveilus, however, this custom belongs only to a Nasi, and not to the Chassidim. [Sefer Haminhagim ibid; Otzer Minhagei Chabad p. 317] Custom of Rebbe, brought in Yoman, that in 5725 the Rebbe performed Hoshanos around the Amud with the Lulav and Esrog
[49] The reason: As the Hakafos is an act of joy that is done Zecher Lamikdash and it is hence unbefitting for the mourner to participate. [See Poskim in Nitei Gavriel ibid footnote 5 for the reasons behind this custom]
[50] Rama ibid
Between burial and start of Aveilus: Some Poskim rule that an Avel who buried the relative during Chol Hamoed and will not begin Shiva until Motzei Simchas Torah, may perform Hakafos during Hoshanos. [Bikureiy Yaakov 660:9] Other Poskim, however, rule he is not to do the Hakafos. [Moed Lekol Chaiy 23:123] See Nitei Gavriel 35:6 footnote 11
Leap year: After the passing of 12 months in a leap year, it is permitted for the Avel to join the Hakafos for Hoshanos. [P”M 660 M”Z 2; Bikurei Yaakov 660:10; Teshuvah Meahavah 2:285; Piskeiy Teshuvos 660:4; Nitei Gavriel Vol. 2 35:5]
Rav of community: Some Poskim rule that the Rav of a community may perform the Hakafos. [Aruch Hashulchan 660:4; Nitei Gavriel 35:7]
[51] Levush 660; P”M 660 M”Z 2; Bikureiy Yaakov 660:10; Poskim in Piskeiy Teshuvos 660:4; Nitei Gavriel Vol. 2 35:3
[52] Diggul Merivava 660; Teshuvah Meahavah 2:285; Kaf Hachaim 660:19; Misgeres Hashulchan 137:11; Poskim in Piskeiy Teshuvos 660:4 and Nitei Gavriel ibid footnote 6
[53] Elya Raba 660:8, brought in Shaareiy Teshuvah 660:1; Bikurei Yaakov 660:10
[54] This matter requires further analysis, as on the one hand we usually hand the Torah scroll to an individual who is not encircling the Bima, such as one does not have a set of Daled Minim. On the other hand, the impediment against the mourner joining the encircling of the bimah is the joy, and perhaps due to this he should not participate at all, even in the holding of the Sefer Torah, which is the center of the joyous circling. See Michaber 660:2; M”B 660:9; Vetzaruch Iyun! Practically, a number of Gedolei Harabanim have directed the Avel to hold the Sefer Torah during Hoshanos. Rav SZ”A, See Halichos Shlomo Tefila 18 footnote 59; See Nitei Gavriel 56 footnote 3
[55] See Piskeiy Teshuvos 661:2
[56] Gesher Hachaim 23:3-7 [p. 212]
[57] Chol Hamoed Kehilchaso Hosafos 12:42 in name of Rav Wozner
[58] Nitei Gavriel 30:2 in name of Peri Hadama 1:13
[59] Machazik Bracha 664 Kuntrus Acharon; Shalmei Tzibur p. 188; Shaareiy Teshuvah 644; Nitei Gavriel Unlike Leiv Chaim 102
[60] See Minchas Yitzchak 6:62; Nitei Gavriel Sukkos 101:1-3; Aveilus 2 30:5-7; Piskeiy Teshuvos 669:6
[61] Levushei Mordechai 4:136; Yalkut Hagershuni 660; Chelkas Yaakov 3:75
[62] Moed Lekol Chaiy 20:39; Poskim in Kaf Hachaim 669:33
[63] Sefer Haminhagim p. 78; Sefer Hasichos 1944:30; Hayom Yom 2; Shulchan Menachem 5:312; Otzer Minhagei Chabad 20; See Nitei Gavriel 122:7; Sukkos 101; Aveilus 30:5
[64] So I have seen done
[65] Harav Leibel Groner in a written correspondence
[66] Nitei Gavriel ibid; Vetzaruch Iyun as there could be many other reasons for why he does not wish to participate.
[67] Eish Daas 7, brought in Y.D. Pischeiy Teshuvos 399:1; Gilyon Maharsha Y.D. 400; Chochmas Shlomo 548:1; See Nitei Gavriel Sukkos 101:5; Aveilus 122:10; Piskeiy Teshuvos 669:6
[68] See M”B 548:16
[69] See Beir Heiytiv 669:1; Devar Shmuel 72; Nitei Gavriel 122:8
[70] See Beir Heiytiv ibid; Zechor Leavraham Avel Ches 13; Kinyan Torah 6:98; Poskim ibid
[71] M”B 669:8; Piskeiy Tehsuvos 669:6
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