24. After the burial:

A. Birchas Hashachar:[1]

As stated above, an Onen does not recite any blessings, including Birchas Hashachar. The Onen is exempt from reciting Birchas Hashachar even after the burial, until the next morning.[2] This applies even if the burial took place in the early morning prior to the end time of the morning Shema and Shacharis. If he says the blessings, it is considered a blessing in vain.[3] [If the burial took place at night, prior to Alos, then if it took place in the early hours of the night, prior to him getting a set sleep that night, then he is to recite the blessings that morning after Alos.[4] If however, it took place later in the night, after him waking up from a set sleep, then he may not say the morning blessings which he already benefited from upon awakening, even after Alos.[5]]

Q&A May an Onen recite Birchas Hatorah after the Kevurah?[6] Yes, it may be recited anytime in the day. If he is still able to Daven Shacharis, it is to be recited prior to Shacharis.[7] The Kevurah was at night:[8] If the Kevurah was at night then he is to recite Birchas Hatorah prior to Maariv. After awakening the next morning from a standard sleep, he is to repeat the blessing as usual, even though it was recited a number of hours earlier at night.

B. Davening/Tashlumin:

Morning Kerias Shema:[9]  As soon as they begin to throw the earth onto the body, the Aveilim become obligated in Shema, if its time has not expired [i.e. Sof Zman Kerias Shema]. Thus, if the burial took place prior to Sof Zman Kerias Shema, then Shema is to be recited. [If the burial took place prior to the 4th hour of the day, then Shema may be recited together with its blessings.[10] Furthermore, even if the burial took place after the 4th hour of the day, but prior to midday, many are accustomed to say Shema with its blessings.[11]]

Shemoneh Esrei of Shacharis:[12] If the burial took place prior to midday, the Shemoneh Esrei of Shacharis alone[13] is to be prayed. This applies even if the burial took place past the 4th hour into the day. If, however, the burial took place past midday, then he is not to Daven Shemoneh Esrei of Shacharis, and is likewise not to Daven Mincha twice as a Tashlumin of Shacharis.[14] [Some Poskim[15] however rule that this only applies if the death took place prior to morning. If, however, the death took place after the morning already arrived, but prior to the Avel Davening Shacharis, then if the burial takes place after midday, he is obligated to Daven Tashlumin for Shacharis after he is done Davening Mincha. Other Poskim[16] however rule there is no need to pray Tashlumin even in such a case.]

Maariv:[17] [If the burial took place at night, he is obligated to Daven Maariv after the burial.] If the burial took place after daybreak, one does not Daven Maariv of the previous night, and one does not make it up through repeating Shemoneh Esrei of Shacharis as Tashlumin for Maariv.[18] [Some Poskim[19] however rule that this only applies if the death took place prior to night of the previous day. If, however, the death took place at night, but prior to the Avel Davening Maariv, then if the burial takes place in the morning he is obligated to Daven Tashlumin for Maariv after he is done Davening Shacharis. Other Poskim[20] however rule there is no need to pray Tashlumin even in such a case.]

Mincha: If the burial took place in the afternoon, prior to nighttime, he is obligated to Daven Mincha after the burial. If the burial took place after nighttime, one does not Daven Maariv twice as Tashlumin for Mincha. [See above for dispute if Tashlumin applies if the death occurred after midday.]

Musaf:[21] If the burial took place in the afternoon, prior to nighttime, he is obligated to Daven Musaf after the burial.

Hallel:[22] If the burial took place prior to nighttime, he is obligated to Daven Hallel after the burial.

Summary: After the burial, one is obligated to Daven the prayer that is due during that time, although is not to make up any previous prayers missed. Thus, if the burial took place in the morning prior to midday, he is obligated to Daven Shacharis after the burial. If the burial took place after midday, but before nighttime, one is obligated to Daven Mincha. If the burial took place at night, one is obligated to Daven Maariv after the burial. If one did not Daven on Motzei Shabbos due to being an Onein, but is Davening on Sunday, is he to say Ata Chonantanu in his Davening?[23] No.

C. Tefillin:

*See chapter 18 Halacha 3 for the full details of this subject!

On the first day of mourning, which is the day of burial, it is forbidden for a mourner to put on Tefillin. [Some Poskim however rule one is to wear the Tefillin without a blessing on the first day of mourning, after the burial. Practically, the widespread Chabad custom is to wear Tefillin without a blessing on the first day of Aveilus, after the burial. Many do so even in public, although others are particular to do so only in private. The Chabad custom is to wear even Tefillin of Rabbeinu Tam. According to Chabad custom, all this applies even if the day of death and the day of burial are the same day.]

D. Havdalah-Burial took place after Motzei Shabbos:[24]

If the deceased passed away on Shabbos [or before Shabbos and was not yet buried], the relatives in mourning are to eat on Motzei Shabbos without making Havdalah so long as it is still prior to the burial. However, after the burial, Havdalah must to be recited [prior to eating or drinking any food[25]; prior to eating the Seudas Havraah].[26] [The mourner may make Havdalah using even his own wine.[27] The blessings over Besamim and Haeish are not recited, if the Havdalah is taking place on Sunday or onwards, although it is recited when Havdalah takes place on Motzei Shabbos, after the burial.[28] The requirement to say Havdalah applies so long as the burial takes place prior to Tuesday night.[29] If, however, the burial takes place after Tuesday night, Havdalah is no longer recited.[30] If the mourner began eating or drinking prior to Havdalah and then remembered, then he must immediately stop eating or drinking and say Havdalah.[31]]

Motzei Yom Tov: If the deceased passed away on Yom Tov [or before Yom Tov and was not yet buried], the relatives in mourning are to eat on Motzei Yom Tov without making Havdalah, so long as it is still prior to the burial. However, after the burial, Havdalah must to be recited [prior to eating or drinking any food[32]; prior to eating the Seudas Havraah].[33] The requirement to say Havdalah applies so long as the burial takes place within the day after Yom Tov. If, however, the burial takes place later on, from the 2nd day and onwards after Yom Tov, then Havdalah is no longer recited.[34]

 

Q&A If the Onen said/heard Havdalah on Motzei Shabbos, prior to the burial, must he repeat Havdalah afterwards? Some Poskim[35] rule that if the mourner said or listened to Havdalah prior to the burial, while still in a state of Aninus, he is not required to repeat Havdalah later on. Other Poskim[36] however rule he is required to repeat Havdalah after the burial. If, however, the Onen said Havdalah prior to even discovering the death, then according to all he is not required to repeat it after the burial.[37] Are the Pesukim of Hinei Keil Yeshuasi recited when an Avel says Havdalah?[38] No.[39] However, some Poskim[40] write that those Aveilim who are accustomed to wear Shabbos clothing until after Havdalah even during Shiva, may recite the verses of Hinei Keil Yeshuasi in Havdalah. Practically, this was the Rebbe’s custom.[41]

General Q&A on Onen after burial If one ate prior to the burial, is he to say an after blessing after the burial? If one ate food prior to the burial, and due to his state of Aninus did not recite an after blessing, then after the burial, so long as he is still satiated from his meal, some Poskim[42] rule he is to recite an after blessing. Other Poskim[43], however, rule that he is exempt from saying a blessing. Is one to recite Asher Yatzar after the burial if he used the bathroom when he was an Onen?[44] This matter follows the same dispute recorded above. If the burial took place during one of the nights of Chanukah, is he to light candles with a blessing after the burial? If the burial took place at night, then if it took place past a half hour after nightfall, some Poskim[45] rule he may no longer light that night with a blessing.[46]

________________________________________________________________________

[1] Admur 71:1 based on M”A 71:1; Implication of Levushei Serud and Machatzis Hashekel on M”A ibid; Pischeiy Teshuvah 341:17; Poskim in Kaf Hachaim 71:4 and Nitei Gavriel 18:8 footnote 18

Other opinions: Some Poskim rule if the burial took place prior to the 4^th hour of the day then one may recite Birchas Hashachar up until the 4^th hour of the day. [Elya Raba 71:1 based on his understanding of M”A ibid; Beis Meir 76; Siddur Derech Hachaim; Chochmas Adam 153:7; Shulchan Shlomo 71:1; Kitzur SHU”A 19:7; M”B 71:4 in his understanding of M”A ibid; Poskim in Kaf Hachaim 71:4 and Nitei Gavriel 18:8 footnote 16; Pnei Baruch Onen 16] Others rule one may say the blessing the entire day. [Peri Chadash 46:2; P”M 71 A”A 1; Mamar Mordechai 46:10 and 71:3; Nehar Shalom 71:2; Poskim in Kaf Hachaim ibid and Nitei Gavriel ibid footnote 17] Some rule that according to all one may at least say the blessings of Shelo Asani Goy/Eved/Isha. [Dvar Moshe 3:13; M”B ibid]

[2] The reason: As since at the time of the blessing’s obligation, which is upon him awakening, he was exempt from the blessings due to his state of Aninus, therefore he is not required to make them up, and if he does so it is a blessing in vain. [Admur ibid]

[3] See Tehilah Ledavid 71:1

[4] If, however, the burial took place before Also prior to him awaking from a set sleep, then after Alos it is already considered the next morning and the Avel is to recite the morning blessings as usual.

[5] See Zichron Yitzchak 6, brought in Pischeiy Teshuvah 341:17;

The reason: the blessings cannot be recited after Alos as he was exempt at the time of awakening which is when his personal obligation begins. [Admur ibid states the time of obligation is when he awakens] Now although we rule like the opinion that all Birchas Hashachar may be recited after Alos even if one does not benefit, and thus according to this opinion the obligation only begins after Alos, nevertheless, they too agree that one may say blessings before Alos, and hence one must say that even according to them the obligation begins before Alos upon awakening for those matters which one received benefit and it is only for those matters that he did not receive benefit that the obligation begins after Alos. Accordingly, however, those blessings that he did not receive their benefit before Alos, such as if he did not hear the rooster crow, he should be allowed to say it after Alos. See Zichron Yitzchak ibid

[6] Dvar Moshe 3 Y.D. 13; Shaareiy Teshuvah 71:1; Shalmei Tzibur p. 182; Ashel Avraham Butchach 71; Kitzur SHU”A 196:7; M”B 71:4; Derech Hachaim; Kaf Hachaim 71:4; Nitei Gavriel 18:21; 81:4

[7] Dvar Moshe ibid

[8] See Dvar Moshe ibid; Upashut that there is no reason to differentiate between whether the Kevurah was by day or at night and either way he is obligated in the Mitzvah.

[9] Admur 71:1; M”A 71:1; Maharil Semachos

[10] Beis Meir 71; Kitzur SHU”A 196:7; Poskim in Nitei Gavriel 186 footnote 13; Pnei Baruch Onen 15

[11] See Nitei Gavriel 18:6 footnote 14

[12] Admur 71:1; M”A 71:1; Michaber 341:2; Rosh 27:1

[13] As opposed to Birchos Shema which may not be said after the 4^th hour of the day, however according to the custom of Chassidim to Daven the full Shacharis up until midday, then here too he is to certainly Daven the entire Shacharis, starting from Karbanos/Pesukei Dezimra, and even Birchas Shema even though it is being said after the 4^th hour of the day. [See Nitei Gavriel 18:6 footnote 14]

[14] The reason: As he was exempt from Shacharis due to his state of Aninus. [Admur ibid]

[15] See Diggul Merivava 341; Ashel Avraham Butchach 71:1 in name of Maharam Ashel, brought in Pischeiy Teshuvah 341:18; Poskim in Nitei Gavriel 18:15 footnote 29

[16] Aruch Hashulchan 341:24; Poskim in Nitei Gavriel 18:15 footnote 28

[17] Admur 71:1

[18] The reason: As he was exempt from Maariv at night due to his state of Aninus. [Admur ibid]

[19] See Diggul Merivava 341; Ashel Avraham Butchach 71:1 in name of Maharam Ashel, brought in Pischeiy Teshuvah 341:18; Poskim in Nitei Gavriel 18:15 footnote 29

[20] Aruch Hashulchan 341:24; Poskim in Nitei Gavriel 18:15 footnote 28

[21] Nitei Gavriel 81:8; See Admur 286:2; Michaber 286:1; Brachos 28a

[22] Nitei Gavriel 18:23; 81:9; See Admur 488:3

[23] Kaf Hachaim 294:5

[24] Michaber 341:2; Tur 341 in name of Maharam of Rothenberg; Taz 396:1; Shach 396:1 and Nekudos Hakesef; See Nitei Gavriel 29

Other opinions: Some Poskim rule the Onen is not to recite Havdalah even after the burial, as once he is exempt the exemption remains in place even later. [Tur in name of Rosh; Rosh [student of Maharam] in end of Moed Katan; brought in Taz 396:1; See Taz ibid why this ruling here of the Michaber like the Maharam does not contradict his ruling his ruling in 396:3 like the Rosh even though it is the same dispute; See also Shach 396:1 and Nekudos Hakesef] Other Poskim rule an Onen is obligated in Havdalah even before the burial. [Sefer Haitim in name of Rav Shmuel Hanagid]

[25] Admur 299:8; Rosh Brachos 3:2

[26] The reason: As the time of Havdalah even initially extends until Tuesday and is not considered Tashlumin. Therefore, although the mourner was exempt to begin with, now he has become obligated after the burial. [Taz ibid; Shach ibid and in Nekudos Hakesef]

[27] Kitzur SHU”A 196:10; Darkei Hachaim 3:9; Gesher Hachaim 20:2; See Poskim in Nitei Gavriel 83 footnote 7 and 29:7 and 118:8

[28] 299:9

[29] 1^st opinion in Michaber 299:1; Admur 299:8; Rama 299:6; Shach 341:12; Taz 341:6

Other Opinions: Some Poskim rule that past Sunday one can no longer say Havdalah. [2^nd opinion brought in Michaber 299:6] Based on this, some Poskim rule that he is to say Havdalah without Hashem’s name. [Ben Ish Chaiy Vayeitzei 2; Kaf Hachaim 299:26 and 3] Furthermore, some Poskim rule that from Sunday night and onwards the obligation of Havdalah is only Tashlumin [Chasam Sofer 17; Sdei Chemed Asifas Dinim Mareches Hei 15], and based on the explanation of the Taz 396:1, according to these Poskim the Avel is exempt from Havdalah if the burial takes place on Sunday night or later. However, the Taz 341:6 and Shach 341:12 explicitly extend the period of Havdalah until Tuesday night, and so writes the Rebbe in Likkutei Sichos 31 Yisro 2 footnote 42 that according to Admur ibid, Havdalah is never Tashlumin and can initially be done until Tuesday night. 

[30] Poskim ibid

[31] Admur 299:8; Rama 299:6; 1st and 2^nd opinion in Michaber 299:6

Other Opinions: Some Poskim rule if one ate prior to saying Havdalah over wine, then on Sunday or onwards he can no longer say Havdalah. [3rd opinion brought in Michaber 299:6] Admur rules like the first opinion

[32] Admur 299:8; Rosh Brachos 3:2

[33] The reason: As the time of Havdalah even initially extends until Tuesday and is not considered Tashlumin. Therefore, although the mourner was exempt to begin with now he has become obligated after the burial. [Taz ibid; Shach ibid and in Nekudos Hakesef]

[34] So rules Kol Bo 59; Rav Akiva Eiger 299:6; Beis Ephraim; Mishneh Berurah 299:15; Piskeiy Teshuvos 299:4; Nitei Gavriel 30:15; 81:13; SSH”K and so infers Sdei Chemed [Asifas Dinim Mareches Heim 15] from Admur 299:8 which allows saying Havdalah of Shabbos the next day even if one purposely skipped Havdalah at night, thus proving that the next say is not a Din Tashlumin, but rather a continuation of the obligation.

Other Poskim: Many other Poskim listed by him, that one may not make up Havdalah even the next day, as Safek Brachos Lehakel. [Sdei Chemed himself ibid; Chida in Birkeiy Yosef 491:1; Machazik Bracha 491:1; Chesed Leavraham 491:2; Ben Ish Chaiy Vayeitzei 23 and many other Poskim listed in Sdei Chemed ibid]

[35] Panim Meiros 2:149 [said Havdalah], brought in Pischeiy Teshuvah 341:19; Beis David 164 [Heard Havdalah], brought in Birkeiy Yosef 341:19; Shalmei Tzibur p. 180; Chaim Bayad 125; Shevet Halevi 3:167; Poskim in Nitei Gavriel 29:3 footnote 6-7; See Birkeiy Yosef ibid that there is no difference between hearing and saying in this regard. See however Nesiv Hachaim 247:8 who rules like the Panim Meiros regarding if he said Havdalah and like the Birkeiy Yosef [brought next] regarding if he heard Havdalah. Perhaps he holds that there is an Anan Sahadi that one does not want to be Yotzei against Halacha and hence even though he had in mind to be Yotzei it’s as if he did not have in mind-Vetzaruch Iyun!

[36] Birkeiy Yosef ibid in name of Hagahos Maimanis Avel 4, Rosh Brachos 3 in name of Maharam, Rabbeinu Yerucham Nesiv who all rule explicitly that if he heard he is not Yotzei. The Birkeiy Yosef himself does not conclusively write like either opinion, although strongly questions the former opinion

[37] Daas Torah 341 based on Yalkut Shimoni that Berurya delayed telling him of the son’s death until after he made Havdalah, brought in Nitei Gavriel 29:4; See Michaber 402:12

[38] Piskeiy Teshuvos 296:6; Nitei Gavriel 118:9

[39] Pischeiy Teshuvah 376:2 and 391:1 in name of Har Karmel 20; Darkei Hachaim 8:10; Pnei Baruch 20:2

[40] Nitei Gavriel ibid in name of Mishnas Yaakov 192b

[41] Nitei Gavriel ibid footnote 18; Heard from Rabbi Leibel Groner

[42] Chochmas Adam153; Derech Hachaim; Pischeiy Teshuvah 34:5; Poskim in Nitei Gavriel 19:5 footnote 7

[43] Aruch Hashulchan 341:17; Poskim in Nitei Gavriel 19:5 footnote 8

[44] See Nitei Gavriel 20:2; 81:2

[45] Shut Magidos 2:163

[46] The reason: As the main institution of lighting candles is from sunset until a half hour after nightfall. Past this time, the lighting is a mere act of Tashlumin. [P”M ibid; See Ravaya 972; Admur 71:1]

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