Rambam - 1 Chapter a Day
Avel - Chapter 12
Avel - Chapter 12
We have used the term eulogy for the Hebrew hesped, because that is its meaning in modern Hebrew. In truth, however, the term implies much more than a speech given in honor of the departed. Hesped was a multi-dimensional mourning experience involving the chanting of dirges and other physical expressions of grief.
I.e., a measure of respect that should be given him, rather than a measure of respect for the living. See Sanhedrin 46b which discusses this issue.
I.e., were it a measure of respect for the living, the heirs could elect to forgo it. Since it is a measure of respect for the dead, if they are financially capable, we compel them to show him this measure of respect. See Sanhedrin 46b.
For he has the choice to decline the honor due him.
See Sefer HaMitzvot (positive commandment 231), Sefer HaChinuch (mitzvah 537), and Hilchot · Sanhedrin 15:8 where this mitzvah is discussed. See also Chapter 3, Halachah 8, Hilchot Zechiyah UMatanah 11:24, Hilchot Ishut 14:23-24.
Since it is a mitzvah to bury the person, his individual desires are of no consequence and he should be buried.
Shabbat 105b states that he is judged measure for measure. Since he did not mourn for a person whose life was cut short, his own life will be cut short.
Shabbat, loc. cit., states that God “counts these tears and places them in His treasure stores.”
Mo’ed Kattan 25a states that this would be appropriate, as if to say: “He fulfilled what is written within that.” Nevertheless, this is not done, for it is not respectful to a Torah scroll to place anything else on the platform on which it is placed (see Hilchot Sefer Torah 10:6).
Instead, he is taken out on the first bier made for that purpose (Mo’ed Kattan, loc. cit.).
Even if the doorway must be widened so that the bier can pass through, we do so (Mo’ed Kattan, loc. cit.).
Bava Batra 100b states that this recalls the seven times the word Hevel (“emptiness”) is mentioned in Ecclesiastes 1:2: “Emptiness of emptiness.... Everything is emptiness.” (The term is mentioned actually only 5 times, but twice the plural form is used.)
In his commentary to Bava Batra 100b, Rashbam states that this rite is carried out after the burial. In his commentary to Megilah 23b, Rashi states that the rite is carried out before burying the dead. The Rambam’s Commentary to the Mishnah (Megilah 4:3) appears to follow Rashi’s view.
In the present day, some of the formalities are relaxed, but it is customary to rise and sit down, rise and sit down, seven times after a funeral and on the way to the burial, the pallbearers and those accompanying the corpse stop seven times.
Rosh HaShanah 25a relates how Rabban Gamliel arranged a large mourning ceremony for a woman and Megilah 28b tells how Rafram eulogized his daughter-in-law in the syngaogue.
Mo’ed Kattan 28a derives this from the Torah’s description of the death of Miriam. Numbers 20:1 states: “Miriam died there and was buried,” mentioning the two facts directly after the other to imply that this should be the order. A woman’s burial should follow her death.
To reinter them in a different grave. See Tur and Shulchan Aruch (Yoreh De’ah 403).
The Tur (loc. cit.) states one praises God for He puts a person to death and will ultimately resurrect him, lowering him to the grave and raising him up from it.
Some interpret this as referring to the additions that mention mourning that are made to the fourth blessing in grace (see Hilchot Berachot 2:8). Others interpret it as referring to blessings given the mourner by guests coming to comfort him. As mentioned in the notes to the previous chapter, based on Ketubot 8b, there are some who interpret the term as referring to a blessing recited in the public thoroughfare after the funeral. The Rambam, apparently, does not accept this interpretation.
See Chapter 13, Halachot I and 2.
Or has others gather, for it is not proper for a person to gather his parents’ bones himself [Tur and Shulchan Aruch (Yoreh De’ah 403:7-8), based on the Evel Rabati].
The Tur and the Shulchan Aruch (loc. cit. 403:1) state that one must observe mourning rites when the bones of any of one’s close relatives are gathered. Similarly, one must rend one’s garments and a meal of comfort is served.
Although this concept is stated in Halachah 6, the Rambam reiterates it here to teach that it applies even with regard to one’s parents (Kessef Mishneh).
Rashi, Mo’ed Kattan 24b, states that a poor person will feel greater distress than a rich person at the loss of his children, for he has no other source of happiness. The passage continues, explaining that the elderly feel the loss of their children as deeply as the poor do.
His corpse is carried by hand to the cemetery instead of being placed in a coffin. The Siftei Cohen 353:2 states that it is permitted to use a coffin if one desires.
See Hilchot Issurei Bi’ah, ch. 22, which explains that this was a safeguard enacted to prevent licentious conduct. Usually, it is forbidden for many men to be together with one women unless one of them is married to her (loc. cit.:8). In this instance, because of the atmosphere of mourning involved, these restrictions were relaxed slightly (Kiddushin 80b).
Until a child is 30 days old, it is questionable whether his birth was viable. Accordingly, it is considered as if he was stillborn, in which instance, no mourning rites are observed for him. This applies even if we know that the pregnancy was full term [Shulchan Aruch (Yoreh De’ah 353:4)].
In which instance, his birth is assumed to have been viable.
As is an older person.
I.e., when a child was a year old or more.
I.e., attend the funeral.
I.e., the child was less than a year old.
The person would go out of his home and come in contact with his townsfolk.
Since it is a funeral, we are not concerned that men may gaze upon them (Sanhedrin 20a and commentaries). The Jerusalem Talmud (Sanhedrin 2:4) states that this custom was practiced as if to say: It is because of a woman (Eve) that death was brought to the world.
The Jerusalem Talmud (loc. cit.) states that this custom has an advantage for it is more modest. The Shulchan Aruch (Yoreh De’ah 359:1) states that this is the custom that should be followed. The Shulchan Aruch (loc. cit.:2) continues, stating that even if they follow the bier, they should be prevented from entering the cemetery. Although there are communities where this advice is not followed, it is stringently adhered to in others. The Siftei Cohen 359:2 states that a woman’s entry into a cemetery brings evil into the world.
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