Printed fromMyCheder.com
ב"ה

Rambam - 1 Chapter a Day

Avel - Chapter 7

Show content in:

Avel - Chapter 7

1The following rules apply when a person receives a report that a close relative of his died. If he received the report within 30 days of the person’s death - even on the thirtieth day itself - it is considered a proximate report. He must observe the seven days of mourning from the time he receives the report. He must rend his garments1 and count 30 days for the prohibition against cutting one’s hair and the other factors2 from that date. The general principle is: The day on which he hears the report is like the day of the person’s burial.3אמִי שֶׁבָּאָה לוֹ שְׁמוּעָה שֶׁמֵּת לוֹ קָרוֹב: אִם בְּתוֹךְ שְׁלוֹשִׁים יוֹם הִגִּיעָה הַשְּׁמוּעָה, אַפִלּוּ בְּיוֹם שְׁלוֹשִׁים עַצְמוֹ - הֲרֵי זוֹ שְׁמוּעָה קְרוֹבָה; וְחַיָּב לִנְהֹג שִׁבְעַת יְמֵי אֲבֵלוּת מִיּוֹם שֶׁהִגִּיעָה הַשְּׁמוּעָה, וְקוֹרֵעַ, וּמוֹנֶה שְׁלוֹשִׁים יוֹם לְאִסּוּר הַתִּסְפֹּרֶת עִם שְׁאָר הַדְּבָרִים. כְּלָלוֹ שֶׁל דָּבָר: יוֹם שְׁמוּעָתוֹ הַקְּרוֹבָה, כְּיוֹם הַקְּבוּרָה.
If, however, a person receives a report after 30 days, it is considered as a distant report. He observes mourning rites for only one day and is not required to rend his garments.4 It is as if the day of the report is both the seventh day and the thirtieth day.5 And we follow the principle: A portion of the day is considered as the entire day.אֲבָל אִם הִגִּיעָה לוֹ הַשְּׁמוּעָה אַחַר שְׁלוֹשִׁים יוֹם - הֲרֵי זוֹ שְׁמוּעָה רְחוֹקָה, וְאֵינָהּ נוֹהֶגֶת אֶלָא יוֹם אֶחָד, וְאֵינוֹ קוֹרֵעַ. וּכְאִלּוּ יוֹם הַשְּׁמוּעָה הוּא יוֹם שְׁבִיעִי וְיוֹם שְׁלוֹשִׁים, וּמִקְצַת הַיּוֹם כְּכֻלּוֹ.
2What is implied by the statement: A portion of the day is considered as the entire day? Once one observed the mourning rites6 for a certain time,7 he is permitted to wear shoes, wash, anoint himself, and cut his hair during the remainder of the day.8 Similarly, he has license not to observe any of the mourning rites.בכֵּיצַד מִקְצַת הַיּוֹם כְּכֻלּוֹ? כֵּיוָן שֶׁנָּהַג אֲבֵלוּת שָׁעָה אַחַת - כְּאִלּוּ נָהַג כָּל הַיּוֹם כֻּלּוֹ. וּמֻתָּר לִנְעֹל וְלִרְחֹץ וְלָסוּךְ וּלְגַלֵּחַ בִּשְׁאָר הַיּוֹם, וְכֵן הוּא מֻתָּר בְּכָל הַדְּבָרִים.
3When a person hears a proximate report in the midst of a festival or on the Sabbath9 and after the Sabbath or after the festival, the report will become distant,10 the Sabbath or the festival are counted for him. Thus he observes only one day of mourning after the festival or after the Sabbath. And a portion of the day is considered as the entire day as explained.גמִי שֶׁבָּאָה לוֹ שְׁמוּעָה קְרוֹבָה בְּתוֹךְ הָרֶגֶל אוֹ בְּיוֹם הַשַּׁבָּת, וּלְאַחַר הַשַּׁבָּת אוֹ אַחַר הָרֶגֶל נַעֲשָׂת רְחוֹקָה - עוֹלָה לוֹ, וְאֵינוֹ נוֹהֵג לְאַחַר הָרֶגֶל אוֹ לְאַחַר הַשַּׁבָּת אֶלָא יוֹם אֶחָד בִּלְבַד, וּמִקְצַת הַיּוֹם כְּכֻלּוֹ, כְּמוֹ שֶׁבֵּאַרְנוּ.
4The following rules apply when a close relative of a person dies and that person does not know until he comes to that place.11 If he was in a close place, e.g., within ten parseot away,12 and thus he could come in one day, even if he came on the seventh day, if he finds people offering comfort to the person of greatest stature in the family,13 it is considered as if he was together with them and he counts with them the remainder of the 30 days.14 This applies even if they had already begun to rise. As long as he finds comforters, he counts with the other mourners. If he did not find comforters, he counts for himself.15 דמִי שֶׁמֵּת לוֹ קָרוֹב וְלֹא יָדַע עַד שֶׁבָּא: אִם הָיָה בְּמָקוֹם קָרוֹב שֶׁהוּא מַהֲלַךְ עֶשֶׂר פַּרְסָאוֹת, שֶׁאֶפְשָׁר שֶׁיָּבוֹא בְּיוֹם אֶחָד, אַפִלּוּ בָּא בַּיּוֹם הַשְּׁבִיעִי, אִם מָצָא מְנַחֲמִין אֵצֶל גְּדוֹל הַבַּיִת, אַף עַל פִּי שֶׁנִּנְעֲרוּ לַעֲמֹד - הוֹאִיל וּמָצָא מְנַחֲמִין, עוֹלֶה לוֹ, וּמוֹנֶה עִמָּהֶן תַּשְׁלוּם שְׁלוֹשִׁים יוֹם. וְאִם לֹא מָצָא מְנַחֲמִין, מוֹנֶה לְעַצְמוֹ.
Similarly, if he comes from a distant place, even if he comes on the second day, he counts seven and thirty days for himself from the day he comes.16וְכֵן אִם הָיָה בְּמָקוֹם רָחוֹק, אַפִלּוּ בָּא בְּיוֹם שֵׁנִי - מוֹנֶה לְעַצְמוֹ שִׁבְעָה וּשְׁלוֹשִׁים מִיּוֹם שֶׁבָּא.
5During the first three days of mourning, a mourner does not even go the house of another mourner.17 From that time onward, he may go, but he does not sit together with those offering comfort, but with those receiving comfort.ההָאָבֵל בִּשְׁלוֹשָׁה יָמִים הָרִאשׁוֹנִים - אֵינוֹ הוֹלֵךְ אַפִלּוּ לְבֵית אָבֵל אַחֵר; מִכָּאן וְאֵילָּךְ - הוֹלֵךְ, וְאֵינוֹ יוֹשֵׁב בִּמְקוֹם הַמְּנַחֲמִין אֶלָא בִּמְקוֹם הַמִּתְנַחֲמִין.
He should not leave the entrance to his house to go any place for the entire first week.18 During the second week, he may leave his home, but should not sit in his ordinary place.19 During the third week, he may sit in his ordinary place, but should not speak in his ordinary manner. During the fourth week, he is like any other person.וְלֹא יֵצֵא לְמָקוֹם אַחֵר מִפֶּתַח בֵּיתוֹ כָּל שַׁבָּת הָרִאשׁוֹנָה. שְׁנִיָּה - יוֹצֵא וְאֵינוֹ יוֹשֵׁב בִּמְקוֹמוֹ. שְׁלִישִׁית - יוֹשֵׁב בִּמְקוֹמוֹ וְאֵינוֹ מְדַבֵּר כְּדַרְכּוֹ. רְבִיעִית - הֲרֵי הוּא כְּכָל אָדָם.
6The High Priest is obligated to observe all the mourning practices, except that he is forbidden to rend the upper portion20 of his garments,21 to let his hair grow long,22 or to follow the bier in the funeral procession.23וכֹּהֵן גָּדוֹל חַיָּב בְּכָל דִּבְרֵי אֲבֵלוּת, אֶלָא שֶׁאָסוּר לוֹ לִקְרֹעַ בְּגָדָיו לְמַעְלָה, וּלְגַדֵּל פֶּרַע, וְלָצֵאת אַחַר הַמִּטָּה.
The entire Jewish people come to his house to comfort him.24 When they bring him the meal of comfort, all of the people must sit on the ground;25 he, by contrast, sits on a bench.26 When they comfort him, they tell him: “We are atonement for you.”27 And he tells them: “May you be blessed from heaven.”וְכָל הָעָם בָּאִין לְנַחֲמוֹ לְבֵיתוֹ. וּכְשֶׁמַּבְרִין אוֹתוֹ - כָּל הָעָם מְסֻבִּין עַל הָאָרֶץ, וְהוּא מֵסֶב עַל הַסַּפְסָל. וְאוֹמְרִין לוֹ כְּשֶׁמְּנַחֲמִין אוֹתוֹ 'אָנוּ כַּפָּרָתְךָ', וְהוּא אוֹמֵר לָהֶם 'תִּתְבָּרְכוּ מִן הַשָּׁמַיִם'.
If he desires to comfort others,28 the deputee29 has him positioned among the people.30 And he tells the mourners: “Be comforted.”וְאִם רָצָה לְנַחֵם אֲחֵרִים - הַמְּמֻנֶּה מְמַצְּעוֹ בְּתוֹךְ הָעָם, וְאוֹמֵר לָהֶם 'תְּנֻחָמוּ.'
7Similarly, a king is obligated to observe all the mourning practices, except that he does not leave his palace in the funeral procession for his dead.31 Needless to say, this applies with regard to other deceased.32 Nor does he comfort mourners.זוְכֵן הַמֶּלֶךְ חַיָּב בְּכָל דִּבְרֵי אֲבֵלוּת, אֶלָא שֶׁאֵינוֹ יוֹצֵא מִפֶּתַח פַּלְטֵרִין שֶׁלּוֹ אַחַר מֵתוֹ, וְאֵין צָרִיךְ לוֹמַר אַחַר מֵתִים אֲחֵרִים, וְאֵינוֹ מְנַחֵם אֲבֵלִים.
King David followed Avner’s funeral procession only to show the people that he was not slain because of David’s desire.33וְלֹא יָצָא דָּוִד אַחַר אַבְנֵר, אֶלָא לְהוֹדִיעַ לָעָם שֶׁלֹּא נֶהֱרָג בִּרְצוֹנוֹ.
8No one enters the king’s presence to comfort him except his servants and those who are given permission to enter. They do not have permission to speak words of comfort except what he allows them.חאֵין אָדָם נִכְנָס לַמֶּלֶךְ לְנַחֲמוֹ, אֶלָא עֲבָדָיו וּמִי שֶׁנָּתַן לוֹ רְשׁוּת לְהִכָּנֵס. וְאֵין לָהֶן רְשׁוּת לְדַבֵּר לוֹ תַּנְחוּמִין, אֶלָא כְּפִי מַה שֶׁיַּרְשֶׁה אוֹתָן.
When they serve him the meal of comfort, all of the others recline on the ground and he reclines on a dargesh.34וּכְשֶׁמַּבְרִין אוֹתוֹ - כָּל הָעָם מְסֻבִּין עַל הָאָרֶץ, וְהוּא מֵסֶב עַל הַדַּרְגָּשׁ.

Quiz Yourself on Avel - Chapter 7

Footnotes
1.

See Chapter 8.

2.

Mentioned in Chapter 6.

3.

Similarly, it is a mitzvah to provide him with a meal of comfort, as mentioned in Chapter 4, Halachah 9 and notes.

4.

From the Rambam’s wording here and in Chapter 8, Halachah 6, it would appear that if one hears a distant report concerning the death of his parents, he is not obligated to rend his garments. Rabbenu Yitzchak Alfasi and others differ and require one to rend his garments when he hears of his parent’s death even if it occurred more than 30 days previously. Their view is recorded by the Shulchan Aruch (Yoreh De’ah 402:4).

5.

A portion of the time he observes the mourning rites is considered as the seven days of acute shivah mourning and a portion as the thirty days of sheloshim mourning. Thus from this time onwards, none of the ordinary mourning rites must be observed (Radbaz).
The extra mourning practices one observes for parents (e.g., not cutting one’s hair or going on a business trip until rebuked by one’s friends) must, however, be observed within the year of mourning [Shulchan Aruch (Yoreh De’ah 402:1)].

6.

The Shulchan Aruch (Yoreh De’ah 402:2) emphasizes that it is not necessary for the person to observe all the mourning rites. It is sufficient for him to observe one, e.g., removing his shoes or overturning his bed.

7.

The Rambam uses the term sha’ah often translated as an “hour.” In this instance, the intent is not an hour on the watch, but rather a significant amount of time, each person according to the time he sees fit. See (in related contexts) Siftei Cohen 389:4, 399:1.

8.

Mo’ed Kattan 20b relates that Rabbi Chiyya heard a distant report of a relative’s death. He told his attendant to remove his shoes and to take his personal articles to the · bathhouse. From this, our Sages learned: a) a mourner is forbidden to wear shoes; b) one must only observe mourning rites for a distant report for one day; and c) a portion of the day is considered as the entire day and during the remainder one may bathe and the like.

9.

On the festivals and on the Sabbath, those mourning rites that are public need not be observed. Those which are private, by contrast, should be observed [Shulchan Aruch (Yoreh De’ah 402:5)].

10.

E.g., the Sabbath was the thirtieth day after his relative’s death. This follows the ruling of the Siftei Cohen 402:5 which states that with regard to the proximity or distance of a report, we count from the death of the deceased and not from his burial.

11.

For we assume that had he known, he would have come, participated in the burial and begun the mourning rites together with the others (Mo’ed Kattan 21b). If, however, he was notified of the death in his own place and began observing the mourning rites on the second day, he does not shorten his obligation even if he comes to the place where the remainder of the family is mourning [Shulchan Aruch (Yoreh De’ah 375:9)].
The Siftei Cohen 375:11 emphasizes that this applies only when the family are mourning in the place where the deceased passed away or where he is buried. In other places, each person counts individually.

12.

A parsah is four mil, approximately four kilometers in contemporary measure. It must be emphasized that due to the advances of transportation and communication in the present age, the relevance of this halachah is highly diminished, for there are few situations in which it applies.

13.

I.e., the family is still observing the mourning rites.

14.

I.e., he does not count the seven days of acute shivah mourning at all if he comes at their conclusion; or he counts only the remaining days if he comes in their midst.

15.

Counting a full seven and thirty days.

16.

Since it was impossible for him to have observed the entire mourning period together with his family, he is considered as a separate entity and must count himself (Mo’ed Kattan 21b).

17.

I.e., this is forbidden even though it will not take his mind off his mourning. Needless to say, he is forbidden to go elsewhere, even to fulfill a mitzvah. This applies provided it is possible for others to fulfill the mitzvah. If that is not possible and the fulfillment of the mitzvah is dependent on the mourner, he may leave his home even on the first day (Radbaz).

18.

The Ramah (Yoreh De’ah 393:2) states that leniency can be granted in the evenings and if there is a necessity, a mourner may leave his home. On the Sabbath, all authorities grant a mourner license to attend the synagogue [Shulchan Aruch (loc. cit.:3)]. Similarly, if it is impossible to arrange communal prayers in the mourner’s home, there are authorities who grant him license to attend the synagogue.

19.

In the synagogue or in communal meeting places. The Ramah (Yoreh De’ah 393:2) states that at present, the custom is more severe. When mourning for others, one does not return to his place for 30 days and for his parents, for an entire year.

20.

As an ordinary person does. The Rambam’s wording implies that, as stated in Horiot 12b and cited in Chapter 8, Halachah 1, he should rend the lower portion of his garment.

21.

Leviticus 21:10 states: “The High Priest... shall not let his hair grow uncontrolled, nor should he rend his garments.” As stated in Hilchot K’lei HaMikdash 5:6, if a High Priest rends his garments, he is lashed for violating a Scriptural commandment.

22.

As stated in Hilchot K’lei HaMikdash, loc. cit., this applies at all times. He should have his hair trimmed each week.

23.

Leviticus 21:12 states: “He shall not leave the Sanctuary.” In Hilchot K’lei HaMikdash, loc. cit.:5, the Rambam states that he should remain either in his private home or in the Temple.

24.

As stated in Hilchot K’lei HaMikdash, loc. cit., for the High Priest, the people pass by him in a line at his home, in contrast to the ordinary practice which is described in Chapter 13, Halachah 1.

25.

As the Rambam requires when visiting a mourner; see Chapter 13, Halachah 3.

26.

As an expression of honor, he is not required to sit on an overturned bench like other mourners. He may not, however, sit on an ordinary chair.

27.

I.e., “May everything that should happen to you happen to us” (Rashi, Sanhedrin 22b).

28.

Visiting them at their homes (Hilchot K’lei HaMikdash, loc. cit.:4).

29.

Who assists the High Priest in all matters; see ibid. 4:16

30.

I n a manner befitting his dignity; see ibid. 5:4.

31.

It is compromising for a king’s dignity to appear before his people in mourning and bereavement (Sanhedrin 20a).

32.

The Kessef Mishneh, in his gloss to Hilchot Melachim 2:4, states that unless the king has a reason that involves the nation at large, as David had with regard to Avner, he may not participate in funeral processions at all.

33.

As related in II Samuel, chs. 2-3, after the death of King Saul, some of the tribes accepted Saul’s son, Ish Boshet, as king, while the tribe of Judah followed David. Avner was the commander of Ish Boshet’s forces and his monarchy was dependent on him. After a bloody civil war, Avner decided to end the bloodshed and accept David’s kingship. Afterwards, Yoav - David’s commander - perpetrated a ruse and slew Avner. David was extremely upset with Yoav’s actions and exerted himself in public mourning for Avner to show that he had no hand in his death.

34.

A low bed or chair with a leather base that is tied to posts by straps that is larger than a bench (the Rambam's Commentary to the Mishnah, Sanhedrin 2:3; Hilchot Nedarim 9:15).

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
Download Rambam Study Schedules: 3 Chapters | 1 Chapter | Daily Mitzvah
Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
Published and copyright by Moznaim Publications, all rights reserved.
To purchase this book or the entire series, please click here.
The text on this page contains sacred literature. Please do not deface or discard.
Vowelized Hebrew text courtesy Torat Emet under CC 2.5 license.
The text on this page contains sacred literature. Please do not deface or discard.