Table of Contents
Mourning laws applicable to Rosh Chodesh
Onen:
The laws of Aninus apply on Rosh Chodesh just as they apply the rest of the year.
Burial:
Eulogy/Hesped:[1] One does not say a Hesped on Rosh Chodesh[2], unless the person is a Torah Sage, and his body is present at the time of the Hesped.[3] Some opinions[4] rule that a Hesped should not be said even on the night of Rosh Chodesh.
Tziduk Hadin:[5] One does not say Tziduk Hadin, or the [lengthy] Kaddish that follows it, on Rosh Chodesh. This applies even by the burial of a Torah Sage.[6] This law applies for all days that Tachanun is not said.[7]
The Mamados-Seven rests:[8] Some say that when the body arrives near the graves, they are to stop every four Amos prior to the burial [for the sake of banishing the evil spirits that try to enter the grave during the burial[9]]. However, on days that Tziduk Hadin [and Tachanun] is not recited, such as Rosh Chodesh there is no need to stop at all.[10]
The Hakafos-Seven encircling’s:[11] Some are accustomed to performing seven Hakafos to the body of the deceased [i.e. encircle the body seven times].[12] These Hakafos is not performed on days that Tachanun is omitted, such as Rosh Chodesh.[13]
Seudas Havraah:[14] The Seudas Havraah which customarily takes place following the burial is likewise to be eaten during Rosh Chodesh, after the burial.
Breaking Shiva/Shloshim:
Rosh Chodesh is not considered like a holiday to nullify the Aveilus of Shiva or Shloshim.
Shiva:
The laws of Shiva apply on Rosh Chodesh just as the rest of the year.
A mourner/Avel Davening for the Amud:[15]
A mourner [during the first eleven months of mourning] does not lead the prayers on Rosh Chodesh, or on any day which has a Mussaf service.[16] This restriction applies even to Maariv and Minchah of Rosh Chodesh.[17] [This restriction applies even during Shiva.]
If one has a Yartzite on Rosh Chodesh is he to Daven as Chazan?[18]
Yes. This applies even if he is a mourner, within 12 months of mourning a parent.
Hallel during Shiva in the house of a mourner [i.e. Shiva House]:[19]
The custom is to omit the saying of Hallel on Rosh Chodesh when praying in the house of a mourner.[20] [This applies even if the Avel is not participating in Minyan, such as the Avel is a woman or child.[21] This applies likewise to a Minyan taking place in the home of the deceased without any Aveilim, such as when there are no relatives sitting Shiva.[22]] Nevertheless, after each member of the congregation returns home, they are obligated to recite Hallel [with exception to the Avel].[23] [The above is the letter of the law. The worldly custom however is to ask the mourners to leave the room by Hallel, and have the Minyan say Hallel without them.[24] The mourners then return after Hallel and say Kaddish. Alternatively, the Minyan leaves to a different room for the saying of Hallel.[25] See footnote regarding the Chabad custom.[26] According to all customs, the Avel himself may not say Hallel on Rosh Chodesh.[27]]
Q&A On Shabbos Rosh Chodesh, is Hallel recited when Davening in the Shiva home?[28] Yes. Even the Avel recites Hallel, as brought next! Does the Avel recite Hallel on Shabbos Rosh Chodesh?[29] Yes. Does the Avel recite Hallel on Rosh Chodesh if he is Davening in Shul during Shiva?[30] Yes. Does the Avel recite Hallel on Rosh Chodesh if it is the seventh day of Shiva? Some Poskim[31] rule he does not recite Hallel even after getting up from Shiva that day after Shacharis. Other Poskim[32] 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.[33]
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Psalm 16:
In the house of a mourner, the congregation recites Psalm 49 after Shacharis and Mincha.[34] However, on days that Tachanun is omitted such as Rosh Chodesh, Psalm 49 is not recited.[35] Many are accustomed to recite Psalm 16 in its place, which is then followed by Kaddish Yasom.[36]
Visiting the Kever:
Some[37] 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. If the seventh day falls on Rosh Chodesh, one is not to go that day[38] and is rather to go the day after.[39]
Yahrzeit is on Rosh Chodesh:[40] One who has a Yahrzeit on Rosh Chodesh is to visit the grave on Erev Rosh Chodesh.[41] If this is not possible, then one is to visit the grave the day after Rosh Chodesh.[42]
Matzeiva Erection:[43]
One is not to establish a Matzeiva on Rosh Chodesh, or any other day that Tachanun is omitted, unless eulogies will not take place during the occasion, in which case it may be done. [If the eighth day fall out on a day that Tachanun is omitted, then one is to nevertheless establish the Matzeiva on that day.[44]]
| Topic | Law/Custom | Details/Exceptions |
| Aninus | Laws apply on Rosh Chodesh | Same as rest of year |
| Hesped (Eulogy) | Not said on Rosh Chodesh | Exception: Torah Sage, body present; some say not even at night |
| Tziduk Hadin | Not recited on Rosh Chodesh | Even for Torah Sage; applies for all days Tachanun is not said |
| Mamados-Seven rests | No need to stop | On days Tziduk Hadin/Tachanun not recited, e.g. Rosh Chodesh |
| Hakafos-Seven encirclings | Not performed | On days Tachanun omitted, e.g. Rosh Chodesh |
| Seudas Havraah | Eaten on Rosh Chodesh | After burial |
| Breaking Shiva/Shloshim | Rosh Chodesh does not nullify | Not considered like a holiday |
| Shiva | Laws apply on Rosh Chodesh | Same as rest of year |
| Avel Davening for Amud | Does not lead prayers | On Rosh Chodesh or days with Mussaf, even Maariv/Minchah, even during Shiva |
| Yahrzeit on Rosh Chodesh | May Daven as Chazan | Even if mourner within 12 months of mourning parent |
| Hallel in Shiva House | Omitted on Rosh Chodesh | Even if Avel not in Minyan; after, congregation recites at home except Avel; custom: mourners leave room or Minyan leaves for Hallel; Avel may not say Hallel |
| Hallel on Shabbos Rosh Chodesh in Shiva Home | Recited | Even the Avel recites Hallel |
| Avel reciting Hallel in Shul during Shiva | Recites Hallel | |
| Avel reciting Hallel on 7th day of Shiva | Dispute among Poskim | Some: does not recite even after getting up; others: recite after Shacharis; some suggest comforting before Shacharis/Shemoneh Esrei then say Hallel with Minyan |
| Psalm 16/49 in Shiva House | Psalm 49 not recited on Rosh Chodesh | Many recite Psalm 16 instead, followed by Kaddish Yasom |
| Visiting Kever on 7th day of Shiva | Not on Rosh Chodesh | Go day after if 7th day falls on Rosh Chodesh |
| Yahrzeit on Rosh Chodesh (grave visit) | Visit on Erev Rosh Chodesh | If not possible, visit day after Rosh Chodesh |
| Matzeiva Erection | Not on Rosh Chodesh or days Tachanun omitted | Unless no eulogies will take place; if 8th day is such a day, establish Matzeiva |
[1] Michaber 420:1 and Y.D. 401:5; Taz 420:1; M”A 420:1; Admur 429:8 regarding the month of Nissan; Chochmas Adam 169:25 [unlike Chayeh Adam 118:7]; Kaf Hachaim 420:1; Nitei Gavriel Aveilus 52:3
[2] Michaber 420:1 and Y.D. 401:5; Poskim ibid; However see Gilyon Maharsha 344 in name of Dvar Shmuel that a Hesped may be given on Rosh Chodesh Av. See Nitei Gavriel ibid footnote 4
Explanation of source: This law if learned from the law brought in Poskim ibid that women do not lament by funerals during these days. It is also learned from the Poskim in next Halacha who prohibit saying Tziduk Hadin on any day that Tachanun is omitted, and if Tziduk Hadin is omitted than certainly a Hesped may not be said. [See Taz ibid that a Hesped is more severe than Tziduk Hadin as Tziduk Hadin is “not a eulogy but recognition and acceptance of the Divine decree” and hence some opinions allow Tziduk Hadin; See also M”A 548:8 that one may not even say praise of the dead because this can lead to a eulogy.]
[3] Michaber Y.D. 401:5; See Admur ibid; Taz and M”A ibid; Chochmas Adam 169:25 [unlike Chayeh Adam 118:7]
[4] Kol Bo brought in Rama 401:6 regarding Tziduk Hadin, and the same would apply to a Hesped
[5] Rama 420:2 and Y.D. 401:6; Maharitz Geios; See Kaf Hachaim 420:2
Other opinions: Some Poskim rule that Tziduk Hadin and Kaddish is recited on Rosh Chodesh being it is not considered a eulogy but merely a blessing to Hashem. [Michaber 420:2; Opinions in Tur 420; Talmidei Rashi; Rambam, brought in Taz ibid] Practically, each community is to follow their custom, and in a place where there is no set custom, it is better not to say it. [Kaf Hachaim ibid]
[6] Taz 420:1; M”A 420:1; See however Tur ibid who brings opinions that say it on behalf of a great Torah Sage.
[7] Rama ibid
[8] Rama 358:3; Lechem Hapanim 376; Chochmas Adam 157:8; Kitzur SHU”A 198:2; Recorded in many Sefarim brought in Nitei Gavriel 73 footnotes 28-31; See Nitei Gavriel 73:14-19; Omitted from Mavor Yabok; Nehar Mitzrayim records that in Egypt the custom is not to do any Mamados.
[9] Shach 358:4; Karban Shabbos 7; Nitei Gavriel 73 footnote 28; These stops also bring slight atonement to the deceased. [Kitzur SHU”A 198:2]
[10] The reason: As on such days, the evil spirits are not as commonly found. [Shach 358:4]
[11] See Nitei Gavriel 74:1-13
[12] The custom is recorded in the following Sefarim: Tzeroro Hamur Parshas Bereishis and Tazria that so instructed Chazal; Shach Al Hatorah Ki Seitzei; Seder Rechitza of Hillel Hazakein; Mavor Yabok Sifsei Tzedek 7; Sifsei Rinanos 17; Magen David of Radbaz p. 46; Kneses Hagedola 357; Lechem Hapanim 375; Misgeres Hashulchan 376:4; Chaim Sheol 2:25; Siddur Beis Oved p. 373; Rav Poalim 2:2; Will of the Emek Hamelech printed in the introduction of his Sefer; Manuscript of Rav Yehuda Chalvah called Tzafnas Paneiach; Yalkut Meiam Loez Parshas Vayechi; Gesher Hachaim 1:135
The reason: This is done to banish the evil spirits that were created through the sin of Zera Levatala and become attracted to the deceased. [Tzeroro Hamor ibid; Mavor Yabok ibid; Sefarim brought in Nitei Gavriel ibid footnote 1] It gives great appeasement to the soul of the deceased. [Misgeres Hashulchan ibid]
How many people are to encircle the body: Some write that there must be at least ten men present [and encircling] during the performance of Hakafos. Others write that three men suffice. [See Nitei Gavriel 74:13]
Who should do the Hakafos: Some write that only married men who have immersed in a Mikveh should perform the Hakafos. [See Gesher Hachaim 1:135; Nitei Gavriel 74:11 footnote 24]
How is the Hakafos to be done: Some write that one must be very careful during the encircling that the people are close to each other in a way that there is no air between them. [See Nitei Gavriel 74:10 footnote 23]
[13] Ikarei Hadar 35:18; Gesher Hachaim p. 137; Nitei Gavriel 74:6
Other customs: Some are accustomed to performing Hakafos even when Tachanun is omitted. [Misgeres Hashulchan 376:4; See Zera Emes 2:144; Nitei Gavriel 74:6 footnote 11-13]
[14] Michaber 401:4
[15] Darkei Moshe Y.D. 376:9 based on Binyamin Zev 161; Bach 384; Gr”a; Igros Kodesh 2:324; 8:236; 11:3; 24:149; Sefer Haminhagim p. 20 and 68 [English]; See P”M 108 in M”Z and 671 M”Z 8; Minhagei Chasam Sofer 1:14; Biur Halacha 132; Kuntres Ramach Osyos 225 [by Rav Shmuel Gronam] that so was custom of the Rebbe Maharash during year of Aveilus for Tzemach Tzedek
Other opinions: Some communities are accustomed that an Avel leads the prayer for all the Tefilos other than Musaf. [Gilyon Maharsha Y.D. in name of Kneses Hagedola 391; Opinion brought in brought in Igros Kodesh 24:149; Piskeiy Teshuvos 132 footnote 162] If this is the custom of one’s Shul or one’s community then he is to follow this custom and lead the prayers, even if his personal custom is not to do so. [Igros Kodesh ibid; See there that the person who Davened for the Amud was from Vilna and followed the Gr”a who ruled an Avel is not to Daven for the Amud on Rosh Chodesh. Nevertheless, he respected the community custom and did so a few times. Each time he began feeling really sick during Davening and hence asked the Rebbe if perhaps the cause for this is because he is breaking his custom of the Gr”a. The Rebbe replied that he is not to pay attention to this being that he followed the custom of his Shul and that he was obligated to do so according to some Poskim.]
[16] The reason: Some Poskim rule that an Avel does not lead the prayer on any day of joy in which Lamnatzeiach is omitted. [Noam Megadim p. 43] Some rule the reason is because on these days the congregation is in joy. [Maharil 22; Maharam Mintz 43] Others rule the reason is because on these days Gehinnom is not alit. [Binyamin Zev 161; Chabad custom]
[17] Poskim ibid; Rebbe ibid
[18] Igros Kodesh 14:430; Minchas Yitzchak 9:134
[19] Admur 131:5; See Nitei Gavriel 96; Pnei Baruch 10:28; Piskeiy Teshuvos 131:20
[20] Admur ibid; M”A 131:10; Taz 422:2 and in Y.D. 376:2; Rokeiach 316; Tanya 68; Kneses Hagedola 422:5; Peri Chadash 422:2; Elya Raba 131:9; Kaf Hachaim 131:61
The reason: The reason for this is because the recital of the verse “Lo Hameisim YeHalleluka-The dead do not praise G-d” within the house of the mourner is making a mock of the deceased. [Admur ibid; Taz 422 ibid in name of Rokeiach] Alternatively, the reason is because the Beis Havel is not a place of Simcha. [Pardes Rashi; Shivlei Haleket 22; Rokeiach ibid] See Nitei Gavriel ibid footnote 1
Other opinions: Some are accustomed to reciting Hallel on Rosh Chodesh in the Beis Havel. [Minhag Sefarad brought in Kneses Hagedola and Peri Chadash ibid; Kaf Hachaim ibid]
Deceased is a child: See Gesher Hachaim 20:3 that if the child was below 6 years of age, Hallel is to be recited. See however Nitei Gavriel 96 footnote 4 in name of Makor Chaim that it is omitted even in such a case.
Shiva home is not the house of the deceased: See Darkei Chesed p. 171 who writes that if the Shiva home is not the house of the deceased than Hallel is recited, with exception to the Avel. Vetzaruch Iyun as I have not found such a source for this statement in Poskim, and it is also contrary to the simple meaning of Beis Havel!
[21] Shulchan Shlomo 131:4; Poskim in Nitei Gavriel 96:2
[22] Darkei Chesed p. 171
[23] Admur 131:5 in parentheses; Kaf Hachaim 131:61 “So seems to be the main ruling”; See Chikrei Halachos 7:28 that Admur placed this ruling in parentheses due to the dissenting opinions brought next; See Darkei Chesed p. 171 that one is not required to repeat Hallel afterwards
The reason: (As the obligation to recite Hallel applies throughout the day and is not obligated to be said immediately after Shemoneh Esrei. This can be seen from the fact that at times the Sages instituted for it to be said even before the prayer, as explained in 422. It goes without saying that it may be said after the prayer, anytime throughout the day. This applies even for one praying in private on Rosh Chodesh. It was only instituted to be said immediately after the prayers due to “Zerizim Makdimim Lemitzvos”. [It is thus not similar to the saying of Tachanun which is not repeated after leaving the house of the Avel, as Tachanun was instituted to be specifically said after Shemoneh Esrei and hence once it was differed it is no longer said even upon the individuals return home.] Furthermore, [it is not similar to Tachanun as] Tachanun was exempt from being said during its obligatory time due to the mourning of the Avel to which the day is like his holiday. However, Hallel was never exempted from being said and it is simply that it cannot be said in the house of the mourner due to “Loeg Larash”. Therefore, they are required to leave the house and read Hallel just like one who is praying on the road and met a cemetery immediately after Shemoneh Esrei in which case he must move away from the cemetery in order to say Hallel.) [Admur ibid parentheses in original]
Other opinions: Some Poskim rule one is not required to recite Hallel after leaving the Beis Havel. [Implication of M”A 131:10; P”M 131 A”A 10; M”B 131:20; Poskim brought in Kaf Hachaim ibid; Darkei Chesed p. 171]
[24] Noda Beyehuda Tinyana Y.D. 215, brought in Pischeiy Teshuvah 376:2; Kitzur SHU”A 207:6; Nimukei Orach Chaim 131; Gesher Hachaim 20:3-6; Darkei Chesed p. 171; Poskim in Piskeiy Teshuvos ibid footnote 120 and Nitei Gavriel ibid footnote 2; Pnei Baruch 10:28
Room of deceased: If the person passed away in the room that the Minyan is taking place, then it does not help to ask the Aveilim to leave the room, and rather they are to leave to another room. [Poskim in Pnei Baruch 10:28 footnote 62; Piskeiy Teshuvos ibid footnote 123; however see Noda Beyehuda ibid that permits it.]
[25] Divrei Yatziv Y.D. 241; Poskim in Pnei Baruch ibid; Piskeiy Teshuvos ibid
[26] Practically, the Chabad custom should follow the ruling of Admur above that Hallel is completely omitted and the congregants make up its recital after Davening when they return home. The ruling of Admur ibid does not coincide with the ruling of the Noda Beyehuda, being that he states the main reason for omitting Hallel is because the Avel is not in a state of joy, and hence if he leaves Hallel may be said. According to Admur however the reason is because of Loeg Larash, which would prevent it from being said in the Beis Havel even if the Aveilim leave the room; Nevertheless, Rabbi Leibel Groner replied to me regarding the Chabad custom that he has seen both customs performed, and he never inquired from the Rebbe as to what one should do. Rabbi Yosef Simcha Ginsberg replied to me that the custom is like the Noda Beyehuda to have the Avel leave the room and have Hallel recited. So writes also Darkei Chesed ibid
[27] Pischeiy Teshuvah 376:2 in name of Har Karmel
The reason: As he cannot say “Zeh Hayom LaHashem, Nagila Venismicha Bo”
[28] P”M 131 A”A 10; M”B 131:20; Kitzur SHU”A 207:7
[29] P”M 131 A”A 10; M”B 131:20; Mishmeres Shalom Hei 37; Kitzur SHU”A 207:7 regarding Beis Avel; Poskim in Kaf Hachaim 131:63 and Nitei Gavriel 96:6 footnote 10
Ruling of Admur: Tzaruch Iyun from Admur 472:5 in name of Chok Yaakov 480:2 who implies Hallel is not recited in the Shiva home even on Yom Tov and Shabbos unless it is a Hallel of Chova [Sukkos/Chanukanah/first days of Pesach]. This implies that on Rosh Chodesh he does not say Hallel even when it falls on Shabbos.
[30] Peri Hadama 1:45; Shalmei Tzibur p. 184; Mamar Mordechai 131:12; Kaf Hachaim 131:62; Poskim brought in Pnei Baruch 10:29; Nitei Gavriel 96:4
[31] Yosef Daas 378
[32] Pischeiy Teshuvah 376:2; Poskim brought in Pnei Baruch 10:30 footnote 67 and Nitei Gavriel 96:7
[33] Daas Kedoshim 376; Piskeiy Teshuvos 131:20; Poskim in Nitei Gavriel 96:9
[34] Beir Hagoleh 393 as custom of Sephardim; Mavor Yavok Sifsei Tzedek 7; Kitzur SHU”A 207:5; Sefer Haminhagim p. 36; So was the custom during the Shiva of the Previous Rebbe; See Nitei Gavriel 99:1; Pnei Baruch 10:29
Other customs: Some are particular not to say this Mizmor during Shiva. [Darkei Chaim Veshalom 1030]
[35] Daas Kedoshim 376; Custom of Rebbe in 1988, see Hiskashrus 789 [However, see Reshimos p. 413 that Kapital 49 was said also by Mincha of Erev Shabbos, when the Rebbe Rayatz was in Shiva]; Gesher Hachaim p. 162; Nitei Gavriel 99:2; Pnei Baruch 10:29;
[36] Gesher Hachaim p. 162; Nitei Gavriel 99:2; Pnei Baruch 10:29
[37] 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
[38] 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
[39] Gesher Hachaim; Nitei Gavriel 136:19
[40] See Nitei Gavriel Aveilus 2 76:12 p. 576
Other opinions/customs: Some write that one may choose to visit the grave on Rosh Chodesh, so long as he does not mention words of eulogy or recite the Maaneh Lashon or other lamentations. [Piskeiy Teshuvos 568:14; See Gesher Hachaim Vol. 1 ch. 29 p. 259]
[41] Ikarei Hadaat 36:35; Kaf Hachaim 568:94 regarding a Yahrzeit that falls on Shabbos; See also Likkutei Sichos 19 p. 130 regarding Tzedaka; Igros Kodesh 14:324; Sefer Hasichos 10th Shevat 1957; See Michaber 569:9 who equates Shabbos and Rosh Chodesh regarding delaying the fast, and thus just as we [Ashkenazim] rule to precede the fast to Friday, so too we precede the visiting of the grave to Erev Rosh Chodesh. See Halacha 15B!
[42] See Gesher Hachaim 32:5; Opinions regarding Shabbos, brought in Halacha 15B!
[43] See Shoel Umeishiv Tinyana 2:74 who writes he established a Matzeiva on Rosh Chodesh; Dvar Yehoshua 1:80; Minchas Yitzchak 3:51-52; Kinyan Torah 2:122Nitei Gavriel 16:3; 68:5 and 11; Piskeiy Teshuvos 697:1
[44] Minchas Yitzchak 4:117; Nitei Gavriel 68:11
