Mourning

It is a positive commandment to mourn for one's closest relatives, as it is said (Lev 10:19) "...had I eaten sin offering today would the Lord have approved." And mourning is not based on Scripture except for the first day only because it is the day of the death and the day of the funeral. But the rest of the seven days are not torah-mandated, even though it says (Gen 50:10) "...and he mourned for his father seven days." - when the Torah was given the law was renewed. And Moses our teacher established the seven days of mourning and the seven days of celebrating for Israel.

From when is a person obligated to mourn? When the grave is covered. But until the corpse has been buried, a mourner is not bound by any of the prohibitions incumbent on a mourner. For this reason, King David washed and anointed himself when his son died, before he was buried.

When does the obligation to mourn and count the seven and the thirty days of mourning for people executed by the gentile authorities who they do not allow to be buried? When their relatives despair of asking permission from the king to bury them, even though they did not despair of stealing their corpses to bury them.

When a person drowned in a river or was consumed by a wild beast, we begin mourning for him when we despair of finding his corpse. If his corpse was found limb by limb, we do not begin counting the days of mourning until his head and the majority of his body is found or they despair of finding the remainder of his corpse.

When it is customary for people to send a corpse to another city to be buried and they do not know when the burial will take place, from the time they turn back from accompanying the corpse, they are obligated to count the seven and thirty days of mourning and begin mourning rites.

We do not mourn for stillborn infants. Whenever a human offspring does not live for 30 days, he is considered as stillborn. Even if he died on the thirtieth day, we do not mourn for him.

If we know for certain that he was born after a full nine months of pregnancy, we mourn for him even if he died on the day of his birth.

A fetus from a full term pregnancy that was stillborn, a child born in the eighth month of pregnancy who died even after living 30 days, or a fetus that emerged cut or crushed even though it endured a full term pregnancy is considered stillborn. We do not observe mourning rites for them and we do not engage in activity on their behalf.

We observe mourning rites for all of those executed by the government, even when they were executed by the government's laws and the Torah granted it license to execute them. We don't withhold anything from them. Their estate is given to the government, but they are buried in their ancestral plots. We do not, by contrast, observe mourning rites for those executed by the court. We do, however, observe the rites of bitter regret (aninut), for aninut is an expression of the feelings in one's heart. They are not buried with their ancestors until their corpses have decomposed. Their estate, however, is granted to their heirs.

We do not conduct mourning rites for all those who deviate from the path of the community, i.e., people who throw off the yoke of the mitzvot from their necks and do not join together with the Jewish people in the observance of the mitzvot, the honoring of the festivals, or the attendance of synagogues and houses of study. Instead, they are like free and independent people like the other nations. Similarly, we do not mourn for heretics, apostates, and people who inform on Jews to the gentiles. Instead, their brothers and their other relatives wear white clothes, robe themselves in white, eat, drink, and celebrate for the enemies of the Holy One, blessed be He, have perished. Concerning them, Psalms139:21 states: "Those who hate You, O G-d, will I hate."

When a person commits suicide [kills oneself with clarity of mind], we do not engage in activity on their behalf at all. We do not mourn for him or eulogize him. We do, however, stand in a line to comfort the relatives, recite the blessing for the mourners and perform any act that shows respect for the living. What is meant by a person who commits suicide? Not necessarily one who climbs up on a roof, falls, and dies, but rather, one who says: "I am going up to the top of the roof." If we see him climb up immediately in anger or know that he was distressed and see him fall and die, we presume such a person is one who committed suicide. If, however, we see him strangled and hanging from a tree or slain and lying on the back of his sword, we presume that he is like all other corpses. We engage in activity on his behalf and do not withhold anything from him.

These are the relatives for whom a person is obligated to mourn according to Scriptural Law: His mother, his father, his son, his daughter, his paternal brother and paternal sister. According to Rabbinic Law, a man should also mourn for his wife if she dies while they are married. And a woman should mourn for her husband. Similarly, a person should mourn for a maternal brother and sister.

Even a priest who does not become impure for his maternal brother and sister or for his paternal sister who is married, mourns for them. For his married paternal sister who is married, he is required to mourn by Scriptural Law.

A person who has a son or a brother born by a maid-servant or a gentile woman should not mourn for them at all. Similarly, when a person and his sons convert or a person and his mother are freed from slavery, they do not mourn for each other. Similarly, a person does not observe either the rites of aninut or the mourning rites for a wife whom he has consecrated, but not married. Similarly, she does not observe either of these rites for him.

Whenever a person is obligated to mourn for a relative, he also mourns with that relative in his presence according to Rabbinical Law. What is implied? If a person's grandson, his son's maternal brother, or son's mother dies, he is obligated to rend his garments in the presence of his son and follow the mourning rites while in his presence. Outside his presence, he is not obligated. Similar laws apply with regard to other relatives.

With regard to a wife with whom one is married: Although one must mourn for her, he does not mourn together with her for her other relatives with the exception of her father and her mother. He observes the rites of mourning for them in her presence. When a man's father-in-law or mother-in-law dies, he overturns his bed and observes the mourning rites together with his wife within her presence, but not outside her presence. Similarly, when a woman's father-in-law or mother-in-law dies, she observes the rites of mourning in her husband's presence. With regard to other relatives, by contrast, e.g., the brother of one's wife or her son dies or when the brother of one's husband or his son dies, they do not observe the mourning rites in respect for each other. Similarly, it appears to me that if the wife of a person's relative dies or the husband of one of his relatives, e.g., the wife of one's son or the husband of one's daughter, one need not observe mourning rites for them. Similar concepts apply in all analogous situations.

See how severe the mitzvah of mourning is! For the prohibition against ritual impurity is superseded so that a priest can tend to his relatives' burial and mourn for them, as Leviticus 21:2-3 states: "Except to one's flesh, to whom he is close, to his mother... to her shall he become impure." This is a positive commandment; if he does not desire to become impure, we force him to become impure against his will. To whom does the above apply? To males who are commanded against contracting ritual impurity. Different rules apply to female members of the priestly family. Since they are not commanded against contracting ritual impurity, they are also not commanded to become impure when tending to their relatives' burial. If they desire, they may become impure and if not, they do not become impure.

A priest is forced to contract ritual impurity to tend to his deceased wife. This obligation is Rabbinic in origin. Our Sages had her considered as an unattended corpse. Since she has no other heir aside from him, there will be no one else to tend to her. He becomes impure only for a wife he has married. If he has merely consecrated her, he does not become impure for her.

Similarly, a priest does not become impure for any of those individuals for whom we do not mourn as stated above: e.g., those executed by the court, those who deviate from the ways of the community, stillborn infants, and those who commit suicide. Until when does the mitzvah to become impure apply? Until the grave is covered. Once the grave is covered, however, the graves of one's close relatives are like those of any other corpse. If a priest becomes impure for their sake, he should be punished by lashes.

A priest should not become impure for the sake of a wife whom he is forbidden to marry. Therefore if a woman heard a report that her husband died and hence remarried, and then her first husband came, neither husband should become impure for her sake, for she is forbidden to remain married to either of them. A priest may, however, become impure for the sake of his mother, even though she is a challalah and he may become impure for the sake of his son, his daughter, his brother and his sister even though they are of tarnished lineage. Even if they are illegitimate, he should become impure for their sake.

When a priest's sister is married - even to another priest, he does not become impure for her sake, "as Leviticus 21:3 states: "his virgin sister who is close to him who has not been with a man." "Virgin" excludes a girl who has been raped or seduced. Should we also exclude a woman who attain majority or a woman who lost her signs of virginity because of reasons other than relations? The Torah teaches: "who has not been with a man," i.e., excluded is only one who lost her virginity because of a man. "Who has not been with a man" - this also excludes a sister who has been consecrated. He does not become impure, for her sake even if she is consecrated to a priest.

If, however, a priest's sister is divorced after consecration, before marriage, he must become impure for her sake. The phrase "who is close to him" includes a sister divorced after consecration.

A priest does not become impure for the sake of his maternal brother and sister, as implied by Leviticus 21:2-3: "To his son and to his daughter, to his brother and to his sister." Just as we are speaking of a son who is fit to inherit his father's estate; so, too, he must be fit to inherit the estates of his brother and sister.

A priest does not become impure for the sake of relatives whose family connection is doubtful, as implied by Leviticus 21:3: "to her shall he become impure." He becomes impure for those whose connection is definite and not for those whose connection is doubtful. Accordingly, in an instance where children become intermingled, there is a son concerning whom there is a question whether he was born after seven months from conception to his mother's later husband or after nine months to her first husband, and all the like, he does not become impure for their sake due to the doubt. Similarly, in all cases concerning divorce that involve a question concerning the validity of the divorce or an invalid bill of divorce, , the priest does not become impure for the sake of his wife.

A priest may not become impure for the sake of a limb severed from his father while alive, nor for the sake of one of his father's bones. Similarly, when one's father's bones are being collected - even if his entire backbone is intact - a priest may not become impure for their sake.

If his father's head is decapitated, he may not become impure for his sake. This is implied by Leviticus 21:2: "To his father," i.e., at a time when his corpse is intact and not when it is impaired. Similar laws apply with regard to other relatives. The prohibition against contact with ritual impurity is bypassed with regard to one's relatives; it is not released entirely. For this reason, a priest is forbidden to become impure for the sake of another corpse at the time he has become impure for the sake of his relatives. This is implied by Leviticus 21:3: "to her shall he become impure," i.e., to her alone. He does not become impure for the sake of others together with her. He should not say: "Since I became impure for the sake of my father, I will go gather so-and-so's bones" or "...touch so-and-so's grave." Therefore when the relative of a priest dies, care must be taken to bury him at the edge of the cemetery, so that he will not have to enter the cemetery and become impure because of other graves when he buries his dead.

With the exception of the six relatives mentioned in the Torah and his wife, whenever a priest becomes impure because of contact with a corpse, if there are witnesses and a warning is administered, he is punished by lashes, as Leviticus 21:1 states: "No one shall contract ritual impurity for the sake of a deceased person among his people." This applies whether one touches the corpse, stands over it, or carries it. And it applies to a corpse and to all other forms of ritual impurity stemming from a corpse, as implied by "No one shall contract ritual impurity for the sake of a deceased person among his people." In Hilchot Tumat Meit, we already described all the factors associated with a corpse that convey ritual impurity according to Scriptural Law and according to Rabbinic Law.

Similarly, a priest receives lashes if he touches a grave. He may, however, touch clothes that touched a corpse, even though by doing so, he contracts ritual impurity that continues for seven days.

Similarly, if a priest enters a covered structure into which ritual impurity enters, he is lashed. This applies even though the source of impurity itself is in another building. We have already explained all the types of "tents" into which ritual impurity can enter and depart, the laws involving foliage and projections, the entities which bring ritual impurity and those which interpose between ritual impurity, which involve Scriptural Law and which involve Rabbinic Law. All of this is discussed in Hilchot Tumat Meit. There we explained that non-Jews do not convey ritual impurity through overhangs. Therefore their graves are pure and a priest may enter their cemetery and walk on their graves. He is forbidden only to touch impurity or carry it, as we explained there.

The following laws apply when a priest enters a building where a corpse is located or a cemetery inadvertently and he is given a warning after he discovers the fact. If he jumps and leaves, he is not liable. If, however, he remains there for the time it takes to prostrate oneself which we explained with regard to impurity in the Temple, he is lashed. If he entered and departed, entered and departed, if he was given a warning for each time, he is given lashes for every entrance. Similarly, if he touches a corpse, is giving a warning, and then disengages himself, and afterwards, touches it and is given a warning - even if this sequence is repeated one hundred times, he is given lashes for each touch. If he was touching a corpse and did not disengage himself or was standing in the cemetery and touched other corpses, although he is given a warning several times, he receives lashes only once. For as long as he does not cease, he is continuing to desecrate his priestly state.

The following rules apply when one causes a priest to contract ritual impurity. If they both acted intentionally, the priest receives lashes and the person who caused him to contract impurity violates the prohibition against placing a stumbling block in front of the blind. If the priest was not aware of the transgression and the person who caused him to contract impurity acted intentionally, that person receives lashes.

A High Priest may not become impure for the sake of his relatives, as Leviticus 21:11 states: "He shall not become impure for his father's or mother's sake." Similarly, he does not enter a shelter where there is a corpse, even the corpse of one of his relatives, as ibid.:30 states: "He shall not enter a place where there is any corpse." Thus we learn that he is liable both for not entering and for not becoming impure. What is implied? If the High Priest touches or carries a corpse, he receives lashes for one transgression. If he enters a shelter and remains there until a person dies or he enters a chest, bureau, or drawer, and a colleague comes and opens the top of this container and thus his contact with impurity and his entrance into the shelter come at the same time, he receives two sets of lashes, for the prohibition against entering and for the prohibition against becoming impure.

If the High Priest became impure beforehand, and then entered a shelter where a corpse was located, if he is warned, he should receive lashes even for this entry.

When a priest - even a High Priest - encounters an unattended corpse on the road, he is obligated to become impure for its sake and bury it. What is meant by an unattended corpse? A Jewish corpse cast away on the road without anyone to bury it. This is a halachah conveyed by the received tradition. When does the above apply? When the priest is alone and there is no one else with him; even when he calls out on the road, no one answers him. If, however, when he calls others answer, this is not considered an unattended corpse. Instead, he should call to the others and they should come and tend to the corpse.

If a priest and a nazirite are proceeding on a road and they encounter an unattended corpse, the nazirite should tend to it. The rationale is that his holiness is not of an eternal nature. The priest - even an ordinary priest - should not become impure. If a High Priest was going together with an ordinary priest, the ordinary priest should become impure. The general principle is: Whoever is on a higher level of holiness should become impure last. When a s'gan and the priest anointed to lead the army at war encounter an unattended corpse, the priest anointed to lead the army at war should become impure, not the s'gan.

When a nasi dies, everyone - even priests - should become impure for his sake. Our Sages had him considered as an unattended corpse, because everyone is obligated in his honor. Similarly, all must observe the rites of aninut for his sake.

The daughters of Aaron were not warned to avoid the ritual impurity imparted by a corpse. This derived from Leviticus 21:1: "Say to the priests, the sons of Aaron...." Implied is "the sons of Aaron," and not "the daughters of Aaron." Similarly, challalim are permitted to become impure. This is also derived from the words, "the priests, the sons of Aaron," i.e., to be included in the prohibition, their priesthood must be intact.

When a priest is a minor, the adults are warned that they should not have him contact ritual impurity. If he comes to contract impurity on his own initiative, the court is not obligated to separate him from the source of impurity. His father, however, must educate him in the holiness of the priesthood.

The four cubits circumscribed around a corpse are deemed impure. Any priest that enters into these four cubits is given stripes for rebellious conduct. Similarly, if priests enter a beit hapras, go to the diaspora, become impure through contact with a mixture of blood, a gravestone, or the stones which support the gravestone, and the like, they are given stripes for rebellious conduct, because these entities are sources for ritual impurity by Rabbinic decree, as we explained in Hilchot Tumat Meit. If, however, a priest enters a cemetery, he receives lashes according to Scriptural Law.

It is permissible for a priest to become impure through walking through a beit hapras or the diaspora for the sake of a mitzvah, when there is no way other than that, e.g., he went to marry or to study Torah. Even though there is someone who could teach him in Eretz Yisrael, he is permitted to leave, because a person does not merit to learn from every colleague.Similarly, a person may incur ritual impurity that is Rabbinic in origin to show respect to other people. What is implied? If a mourner walked through a beit hapras, everyone follows after him to comfort him. Similarly, we may walk over the coffins of the dead to greet Jewish kings. This is allowed even to greet gentile kings, so that a distinction will be able to be made between them and Jewish kings when their glory will return to its place. Similarly, leniency is granted in all analogous situations. Also, a priest may incur ritual impurity of Rabbinic origin to enter in judgment and disputation with gentiles concerning property, for he is saving it from their hands. Similar laws apply in all analogous situations.

These are the customs observed by the Jewish people with regard to corpses and burial. We close the eyes of the deceased. If one's mouth hangs open, we tie the jaw closed. After washing the corpse, we stuff closed the orifices, anoint it with different fragrances, cut its hair, and dress it in shrouds of white linen which are not expensive. Our Sages followed the custom of using a cloak worth a zuz, so as not to embarrass a person who lacks resources. We cover the faces of the deceased so as not to embarrass the poor whose faces turned black because of hunger.

It is forbidden to bury the dead, even a nasi among the Jewish people, in silk shrouds or clothes embroidered with gold, for this is an expression of haughtiness, the destruction of useful property, and the emulation of gentile practices. We carry the dead on our shoulders to the cemetery.

The pallbearers are forbidden to wear sandals, lest the strap of one of them snap and he hold back the performance of the mitzvah.

…One should wait a little while, for perhaps [the person who appears to have died has simply swooned or fainted.…

A person in his death throes is considered as a living person with regard to all matters. We do not tie his cheek, stuff his orifices, nor do we place a metal utensil or a utensil that cools on his navel so that his body will not bloat. We do not anoint it or wash it or place it on sand or on salt until the person dies. One who touches him is considered as shedding blood. To what can the matter be compared? To a candle that is flickering, were a person to touch it, it will be extinguished. Similarly, anyone who closes a dying person's eyes as his soul expires is considered as shedding blood. Instead, they should wait some lest he have fainted. Similarly, we do not rend our clothes because of him, uncover our shoulders, recite eulogies, or bring a coffin or shrouds into the house until the person dies.

When a person's dead is lying before him, he should eat in another house. If he does not have another house, he should construct a partition and eat. If he does not have the materials to make a partition, he should turn away his face and eat. Under no circumstances should he recline and eat or eat meat or drink wine. He does not recite the blessing before eating, nor the grace after meals. Others do not recite the blessings for him, nor is he included in a quorum of three for the recitation of grace. He is free from the obligation to recite the Shema, pray, put on tefillin, or observe any of the mitzvot stated in the Torah. On the Sabbath, he should recline, eat meat, and drink wine, recite the blessing before eating, and recite grace. Others may recite blessings for him. He is included in a quorum for grace and is obligated in all the mitzvot of the Torah with the exception of sexual relations. Once the dead is buried, he is permitted to eat meat and drink a small amount of wine to help digest the food that he has eaten, but not in an unrestrained manner.

We do not delay the burial of the dead. Instead, we hurry to bury him immediately. Hastening the burial is praiseworthy. For one's father and mother, by contrast, it is demeaning.

On Friday or the day before a festival, or when rain was drenching the coffin, it is permitted to hurry even the funeral of one's parents. For the person hurried the funeral only as an expression of honor for his father and mother. Whoever delays the burial of his dead overnight violates a negative commandment, unless he delays the burial for the honor of the dead and to complete providing for his needs.

On the first day alone, it is forbidden for a mourner to put on tefillin or to eat food of his own. He must sit on a overturned bed. During the remainder of the days of mourning, he may eat his own food, sit on a mat or on the ground, and put on tefillin. What is the source which teaches that a mourner may not put on tefillin on the first day? Instructions were given Ezekiel (Ezekiel 24:17 : "Your glory should be bound upon you." Implied is other people are forbidden. He was instructed: "Do not eat the bread of men." Implied is that other people should eat from others on the first day and are forbidden to eat their own food.

These are the matters forbidden to a mourner on the first day according to Scriptural Law and on the remaining [six] days according to Rabbinic Law. He is forbidden to cut his hair, launder his clothes, wash, anoint himself, engage in sexual relations, wear shoes, perform work, study the Torah, stand his bed upright, leave his head uncovered, and greet others, eleven matters in total.

Which source teaches that a mourner is forbidden to have his hair cut? Leviticus 10:6 warns the sons of Aaron: "Do not let the hair of your heads grow untended." Implied is that every mourner is forbidden to cut his hair. Instead, he lets his hair grow untended. Just as he is forbidden to cut off his hair; so, too, he is forbidden to trim his beard and any other hair on his body. This applies to cutting hair and having one's own hair cut. If he was in the midst of a haircut and he heard that his father died, he may complete the haircut. This applies to cutting hair and having one's own hair cut. Similarly, it is forbidden to cut off one's mustache or to cut one's nails with a utensil. One may, however, bite off one's nails or trim them with one's other nails.

Which source teaches that a mourner is forbidden to launder his clothes and to wash and anoint his body: II Samuel 14:2 states: "Please conduct yourself as a mourner; please wear mourner's clothes and do not anoint yourself with oil." Washing is including in anointing oneself, for it is a preliminary step before anointing oneself as Ruth 3:3 states: "Wash and anoint yourself." Just as a mourner is forbidden to launder clothes; so, too, he is forbidden to wear new and freshly pressed white clothes.

As it is forbidden to anoint one's entire body; so, too, it is forbidden to anoint a portion of one's body. To remove filth, however, it is permitted. Similarly, it is forbidden to wash a portion of one's body in hot water. One may, however, wash one's face, one's hands, and one's feet - but not one's entire body - in cold water.

Which source teaches that a mourner is forbidden to engage in sexual relations. II Samuel 12:24 states: "And David comforted his wife, Batsheva, and he came to her and lay with her." This indicates that this was forbidden beforehand. Similarly, a mourner should not marry a woman, nor should a woman marry while mourning even though they do not engage in relations. It is permitted for a mourner to remain in solitude with his wife even though he is forbidden to engage in sexual relations.

Which source teaches that a mourner is forbidden to wear shoes? Ezekiel was instructed Ezekiel 24:17: "And place your shoes on your feet." Implied is that all others are forbidden. If a person is traveling on a journey, he may wear shoes and proceed on his way. When he enters a city, he should remove his shoes.

An allusion to the prohibition against a mourner performing labor can be derived from Amos 8:10: "I shall transform your festivals into mourning." Just as it is forbidden to perform work on a festival; so, too, a mourner is forbidden to perform work. And just as a mourner is forbidden to perform work; so, too, is he forbidden to engage in commercial transactions and to travel from city to city on a business trip.

For the first three days, all mourners, even a poor person who derives his livelihood from charity, are forbidden to perform work. After that period, if the mourner is indigent, he may perform this work privately in his home. A woman may spin fabric on a spindle in her home.

When two brothers or two partners operate one store together and one of them is forced to mourn, the store should be closed for all seven days of mourning.

Even activities which are permitted to be performed during chol hamo'ed may not be performed by a mourner during the days of mourning. Others may, however, perform these tasks on his behalf. What is implied? If it is necessary to turn over a person's olives, put pitch on his barrels, or bring his flax up from the vat where it is soaking or his wool from the kettle where it is being dyed, he may hire someone else to perform this task on his behalf so that he will not suffer a loss. And he may have his field irrigated in the irrigation season.

His sharecroppers or those who hire his fields may perform work in their ordinary way. But donkey-drivers and camel-drivers who rent his animals and sailors who rent his ships should not perform work. If the animals or ships were hired out or rented out previously for a specific time, the renters may perform work.

A worker hired by the day - even if he is located in another city - should not perform work on behalf of the mourner.

When a mourner was charged with doing tasks on behalf of others, whether as a contractor or not as a contractor, he should not do it. If his tasks were entrusted to others, they should not work on it in his home, but may work on it elsewhere.

If a mourner has litigation with a colleague, he should not prosecute the matter throughout the seven days of mourning. If it concerned a matter that could lead to a loss, he should appoint an agent. The Geonim ruled in this manner.

Which source teaches that a mourner is forbidden to speak words of Torah? Ezekiel was instructed Ezekiel 24:17: "Be silent from groaning."

He is forbidden to read from the Torah, the Prophets, and the Holy Scriptures and to study the Mishnah, the Midrash, and the Halachot. If many require his instruction, he is permitted, provided he does not appoint a spokesman. Instead, he should whisper to the person sitting next to him. That person should relate the teachings to the spokesman and the spokesman should communicate them to the people at large.

Which source teaches that a mourner should not sit on a bed? II Samuel 13:31 states: "And the king arose, rent his garments, and lay on the ground."

A mourner is obligated to overturn his bed for all seven days of mourning. This applies not only to his own bed. Instead, he must overturn all the beds he has in his house. Moreover, even if he has ten beds in ten homes in ten cities, he is obligated to overturn all of them. Even if there are five brothers and one of them dies, all the remainder must overturn their beds. When a bed is set aside to be used for money or for utensils, it need not be overturned. Similarly, a dargesh need not be overturned. Instead, the straps should be released and the bed allowed to fall. When bed posts emerge from a bed and so it is impossible to turn it over, he should turn it on its side while upright; this is sufficient. If a person turned all his own beds over, but slept on beds belonging to others, on a chair, on a chest, or on the ground, he does not fulfill his obligation. Instead, he must sleep on the overturned bed.

Which source teaches that a mourner is forbidden to uncover his head? Ezekiel was instructed Ezekiel 24:17: "Do not veil your face until the lips." Implied is that others are obligated to cover their heads. He should use the sash with which he covers his head and wind a portion of it over his mouth slightly. In this vein, Onkelos renders Leviticus 13:45: "He should veil his face until his lips," as "He should cover himself like a mourner."

Which source teaches that a mourner is forbidden to exchange greetings with colleagues? Ezekiel was instructed: "Be silent from groaning." For the entire first three days, if someone greets him, he does not respond with greetings. Instead, he notifies him that he is a mourner. From the third day until the seventh, when a person greets him, he should respond with greetings. From the seventh until the thirtieth day, he may greet others, but others should not greet him until after thirty days have passed. And when he is in mourning for his father or mother, he should not be greeted until after twelve months. If he is forbidden to greet a colleague during the mourning period, one can certainly infer that he is forbidden to engage in lengthy talk and frivolity, as implied by the instruction: "Be silent." He should not hold an infant in his arms so that he will not lead him to laughter. And he should not enter a place of celebration, e.g., a feasting hall or the like.

According to Rabbinic Law, a mourner should observe some of the mourning practices for 30 days. Which source did our Sages use as a support for the concept of 30 days? Deuteronomy 21:13 states: "And she shall cry for her father and mother for a month." Implied is that a mourner will feel discomfort for a month.

These are the practices forbidden to a mourner for the entire 30-day period. He is forbidden to cut his hair, to wear freshly ironed clothing, to marry, to enter a celebration of friends, and to go on a business trip to another city; five matters in all.

What does the prohibition against cutting one's hair involve? Just as it is forbidden to cut any of the hair of one's body, to shave one's mustache, or to cut one's nails with a utensil through the seven days of mourning; so too, he is forbidden throughout these 30 days. To whom does the above apply? To a man. A woman, by contrast, is permitted to remove hair after seven days although a man must wait 30. For one's father or mother, a man is obligated to let his hair grow until it becomes noticeably long or until his colleagues rebuke him for not attending to his appearance.

Similarly, a mourner is forbidden to wear new white clothes that have been ironed for 30 days. This applies to both a man and a woman. If they are colored and ironed, it is permitted. Similarly, if they are not new although they are white and ironed, it is permitted. There is no prohibition against wearing linen clothes that were ironed. After 30 days, one may wear ironed clothes, even if one is in mourning for one's father or mother.

What does the prohibition against marriage involve? It is forbidden to marry a woman throughout these 30 days. It is, however, permitted to consecrate her even on the day of the death of one's relative. When a man's wife dies, if he already fulfilled the mitzvah of procreation, and he has someone to attend to him and he does not have young children, he may not remarry until three festivals pass. If, however, a person has not fulfilled the mitzvah of procreation, or fulfilled the mitzvah and has young children, or does not have someone to attend to him, he is permitted to consecrate and marry immediately. It is, however, forbidden for him to enter into relations with his wife until 30 days have passed. Similarly, a woman who was in mourning should not enter into relations until 30 days have passed.

A friendly get-together which a person is obligated to requite immediately may be held immediately after the seven days of mourning. If, however, he is not obligated to requite such a gathering, he is forbidden to enter one until 30 days pass.

When does the above apply? When one is mourning for other deceased persons. When mourning for one's father or mother, by contrast, under all circumstances, one is forbidden to enter a friendly gathering for twelve months.

When mourning for all other deceased persons, one is permitted to go on a business trip immediately after 30 days pass. When mourning for one's father or mother, by contrast, one should not go until his colleagues rebuke him and tell him: "Come with us."

When mourning for all other deceased persons, if one desires, one may reduce his business activities. If he does not desire, he need not reduce them. When mourning for one's father or mother, by contrast, one should reduce one's business activities.

When a person is journeying from place to place, he should minimize his commercial activity if possible. If not, he should purchase the articles he needs for his journey and articles which are necessary to maintain his existence.

When a person's husband, wife, father, or mother was crucified in a city, it is forbidden for him to dwell in that city until the flesh of the corpse decomposes. If it is a major metropolis like Antioch, one may dwell in the other portion of the city, where one's relatives are not crucified.

Even a portion of the seventh day is considered as the entire day and is counted both as part of the seven days of acute mourning and the 30 days of mourning. Therefore it is permissible to launder, to wash, and to perform other activities on the seventh day. Similarly, even a portion of the thirtieth day is considered as the entire day and it is permitted to cut one's hair and iron one's clothes on that day.

The following laws apply when one suffers several losses for which he is required to mourn one after the other. If his hair grows overly long, he may trim it with a razor, but not with scissors. He may wash his clothes in water, but not with soap or using sand. He may wash his entire body in cold water, but not in hot water. Similarly, when one suffers repeated losses for which he must mourn after arriving from an overseas journey, being released from captivity or prison, being released from a ban of ostracism under which he had been placed, being absolved from a vow which he had taken, or emerging from a state of ritual impurity to one of purity, he may cut his hair in the midst of the period of mourning. The rationale is that one period of mourning followed the other and the people did not have the opportunity to care for themselves.

The 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 garments and count 30 days for the prohibition against cutting one's hair and the other factors from that date. The general principle is: The day on which he hears the report is like the day of the person's burial. 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. It is as if the day of the report is both the seventh day and the thirtieth day. And we follow the principle: A portion of the day is considered as the entire day.

What is implied by the statement: A portion of the day is considered as the entire day? Once one observed the mourning rites for a certain time He is permitted to wear shoes, wash, anoint himself, and cut his hair during the remainder of the day. Similarly, he has license not to observe any of the mourning rites.

When a person hears a proximate report in the midst of a festival or on the Sabbath and after the Sabbath or after the festival, the report will become distant, 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.

The following rules apply when a close relative of a person dies and that person does not know until he comes to that place. If he was in a close place, e.g., within ten parseot away, 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, it is considered as if he was together with them and he counts with them the remainder of the 30 days. 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. 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.

During the first three days of mourning, a mourner does not even go the house of another mourner. From that time onward, he may go, but he does not sit together with those offering comfort, but with those receiving comfort. He should not leave the entrance to his house to go any place for the entire first week. During the second week, he may leave his home, but should not sit in his ordinary place. 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.

The High Priest is obligated to observe all the mourning practices, except that he is forbidden to rend the upper portion of his garments, to let his hair grow long, or to follow the bier in the funeral procession. The entire Jewish people come to his house to comfort him. When they bring him the meal of comfort, all of the people must sit on the ground; he, by contrast, sits on a bench. When they comfort him, they tell him: "We are atonement for you." And he tells them: "May you be blessed from heaven." If he desires to comfort others, the deputee has him positioned among the people. And he tells the mourners: "Be comforted."

Similarly, 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. Needless to say, this applies with regard to other deceased. Nor does he comfort mourners. King David followed Avner's funeral procession only to show the people that he was not slain because of David's desire.

No 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. When they serve him the meal of comfort, all of the others recline on the ground and he reclines on a dargesh.

A mourner is obligated to rend his garments for his dead, as can be derived from Leviticus 10:6: "Do not rend your garments lest you die." Implied is that others must rend their garments. One must rend one's garments only while standing, as II Samuel 13:31 states: "And the king stood and rent his garments." Where does one rend his garment? In front. If one rends his garment from the back or from the sides or from the bottom, he does not fulfill the obligation to rend his garments, with the exception of a High Priest who must rend his garment from the bottom.

What is the required measure for the tear? A handbreadth. It is not necessary to rip apart the border of the garment. One may rend his garments with a utensil. One may rend one's garments inside, not in the presence of others. Therefore he may place his hand inside his garment and tear it modestly. He is only obligated to tear his upper garment.

For the entire seven days of mourning, he keeps the tear in front of him. If he desires to change his garments, he may. He is not required to rend the second garment, for any tear that is not made at the time of emotional excitement, is not a tear. When does the above apply? With regard to other deceased persons aside from his father and mother. For his father and mother, by contrast, he must rend his garment until he reveals his heart. He must rip apart the border of the garment; he may not tear it with a utensil, and must tear it outside, in the presence of people at large. He must tear all the garments he is wearing. His underwear - i.e., the garments worn next to his flesh - need not be ripped. If he changes his clothes, he is required to rend them for all seven days. Similarly, for his father and mother, he uncovers his shoulder and takes his forearm out from his garment, revealing his shoulder and his forearm. He passes before the bier in this manner. After his father and his mother are buried, however, he is not required to uncover his shoulder.

A child's garments should be torn to create sorrow. When a dangerously ill person loses a close relative, we do not rend his garments, nor do we notify him lest he lose control of his emotions. We silence the women in his presence.

A person should rend his garments when his father-in-law and mother-in-law dies as an expression of honor for his wife. Similarly, a woman should rend her garments for her father-in-law and mother-in-law as an expression of honor for her husband.

When a person does not have an outer garment to tear at the time of a person's passing and he obtains a garment within the seven days of mourning, he is obligated to tear it. After seven days, he is not obligated to tear it. For his father and mother, he is obligated to tear it even if he obtains it after the seven days, but within the 30 days. Whenever a person goes out wearing a torn garment before the dead implying that he tore the garment because of them, he is deceiving people and degrading the honor of the dead and the living.

When one tells a colleague: "Lend me your cloak so that I can visit my father who is dangerously ill," if, when he visits him, he finds that he died, he should rend the garment, mend it, and return it, reimbursing the owner for the tear. If he does not notify him that he is going to visit a person who is dangerously ill, he should not touch the garment.

The following rules apply when one has a dangerously ill person in his home, that person faints and he thinks that he has died and hence, he rends his garments, the sick person regains consciousness and then dies. If he dies immediately after the garments are torn, he need not rend his garments again. If he dies after even a short time has past, he must rend his garments again. Similar concepts apply if someone tells a person that his father died and he therefore rent his garments and then it was discovered that his son died or if someone told him that a person close to him died, he thought it was his father and rent his garments and then he discovered that it was his son. If he realized the true situation immediately afterwards, he fulfilled the obligation to rend his garments. If he did not realize this until afterwards, he did not fulfill his obligation and is obligated to rend his garments again.

When many close relatives die at once, a person should rend his garments once for all of them. If his father or mother are among them, he should rend his garments once for all the others, and once for his father or mother.

The following rules apply when a person's close relative dies, he rends his garments because of him and then another close relative dies. If the second relative dies within the seven days of mourning, he should tear his garments again. If it is after the seven days, he need only add the slightest amount to the original tear. If a third close relative dies after the seven days of mourning for the second, again, he need only add the slightest amount to the original tear. And he can continue in this manner until he reaches his navel. Once he reaches his navel, he should distance himself at least three thumbbreadths and rend the garment again. When the garment is entirely torn in front, he may turn it around. When its upper portion is entirely torn, he may make the bottom the top. If he was told: "Your father died," and he rent his garments and after the seven days of mourning, his son died and he extended the tear, he may mend the lower tear, but not the upper tear as will be explained. If he was told: "Your son died," and he rent his garments and after the seven days of mourning, his father died, he may not merely extend the tear. Instead, he must make a new tear. For extending a tear is not sufficient for his father and mother.

Whenever a person rends his garments after the loss of a relative other than a parent, he may sew the tear after the seven days of mourning and mend it after thirty days. For one's father and mother, he may sew the tear after thirty days, but may never mend it. A woman should rend her garments and sew them immediately, even when she lost a father or mother, as an expression of modesty.

Just as a person must rend his garments for the loss of his father and mother; so, too, he is obligated to rend his garments for the loss of a teacher who instructed him in the Torah, a nasi, the av beit din, the majority of the community who were slain, the cursing of G-d's name, the burning of a Torah scroll, when seeing the cities of Judah, Jerusalem, and the Temple in their destruction.

All of these tears should be rent to the extent that one reveals his heart and they should never be mended. Although they should never be mended, they may be sewed irregularly, sewn after the sides are wound or twisted together, or sewn like ladders. All that was forbidden was Alexandrian mending. Whenever a person tears a garment in a place where it was sewn irregularly or sewn after the sides were wound and twisted together, his act is of no consequence. If, however, he rips a garment where it has been mended in an Alexandrian manner, it is of consequence. Even one turns a rent garment upside down and makes its collar its hem, he should not mend it.

Just as the seller may not mend it; so, too, the purchaser may not. Therefore the seller must notify the purchaser that this tear may not be mended.

What is the source that teaches that one is obligated to rend his garments at his teacher's death just as he rends his garments for his father? II Kings 2:12 states: "He was calling out: 'My father, my father, the chariot of Israel and its horsemen.' And then he no longer saw him. And he took hold of his garments and tore them into two halves." This teaches that one must rip apart the collar.

What is the source that teaches that one is obligated to rend his garments at the death of the nasi, the av beit din, and a report that the majority of the community have been slain? II Samuel 1:11-12 relates: "David took hold of his garments and rent them as did all the people who were with him. They mourned, they cried, and they fasted until the evening for Saul - the nasi - for his son Jonathan - the av beit din - and for the people of G-d and the House of Israel for they fell by the sword" - this is an unfavorable report.

What is the source which teaches that one is obligated to rend his garments when hearing the blasphemy of G-d's name? II Kings 18:37 states: "And Elyakim ben Chilkiyah who oversaw the palace, Shevna the scribe, and Yoach ben Asaf the secretary, came to Chizkiyahu with rent garments." Just as one who hears the blasphemy itself must rend his garments; so, too, one who hears the report of the blasphemy from the listeners must rend his garments.

The witnesses are not obligated to rend their garments when they testify in court, for they already tore them when they heard the blasphemy.

What is the source which teaches that one is obligated to rend his garments for a Torah scroll that is burnt? Jeremiah 36:23-24 states: "And it came to pass that when Yehudi would read three or four columns... until the entire scroll was consumed by the fire in the hearth. And neither the king nor his servants became fearful, nor did they rend their garments." Implied is that one is obligated to rend one's garments. One is obligated to rend one's garments only because of a Torah scroll that was burnt arrogantly as in the incident cited. One is obligated to rend one's garments twice: once for the parchment and once for the writing, as ibid.:27 states: "After the king burnt the scroll and the words."

What is the source which teaches that one is obligated to rend his garments when seeing the cities of Judah, Jerusalem, and the Temple in their destruction? Jeremiah 41:5 relates: "Men came from Shechem, from Shiloh, and from Samaria, eighty men with their beards shaven and their garments rent."

Whoever is present with a dying person at the time his soul expires is obligated to rend his garments even if he is not his relative. Similarly, when a virtuous person dies, everyone is obligated to rend his garments because of him, even though he is not a sage. They tear them a handbreadth as other mourners do. When, however, a sage dies, everyone is considered as his relative. They rend their garments for him until they reveal their hearts and uncover their right arms. The house of study of that sage should be discontinued for all seven days of mourning. Torah scholars have universally accepted the custom of rending their garments for a handbreadth in respect for each other even though they are equal in stature and neither of them teaches the other.

Whenever a person rends his garments because of a sage who dies, as soon as he turns away from the bier, he may sew it irregularly. It appears to me that when a person rends his garments for a sage, he may mend them on the following day. For even when his teacher dies, one should mourn for him for only one day, either the day of his death or the day he hears the report of his death. Similarly, it appears to me that a person who rends his garments because of the death of the nasi or the like may sew them irregularly on the following day even though he may never mend them.

When a report comes that a sage has died, we rend our garments only at the time he is eulogized. This is the honor granted to him. One may sew the garment that day and mend it on the following day.

When the Av Beit Din dies, everyone rends their garments because of him and uncovers their left arm. All of the houses of study in the city are discontinued. The members of the synagogue enter the synagogue and change their places. Those who sit at the south should sit at the north and those who sit at the north should sit at the south.

When a nasi dies, everyone rends their garments because of him and uncovers both arms. All of the houses of study are discontinued. The members of the synagogue enter the synagogue on the Sabbath, call seven men to the Torah reading and depart. They should not stroll in the market place, but instead should sit together in families mourning the entire day.

The Sabbath is counted as one of the days of mourning. Nevertheless, the laws of mourning are not observed on the Sabbath with the exception of private matters, e.g., veiling one's head, marital relations, and washing with hot water. With regard to matters which are obvious, however, the mourning laws are not observed. Instead, one may wear shoes, position his bed upright, and greet everyone. If the mourner has another garment, he should change it. He should not wear a torn garment on the Sabbath even because of his father and mother. If he does not have a garment to change, he should turn the tear to the other side.

When may one position his bed upright on Friday? From the afternoon onward. Nevertheless, one should not sit on the upright bed until nightfall. Even when there remains only one day for the seven days of mourning, one should overturn the beds again on Saturday night.

On the festivals and similarly, Rosh HaShanah and Yom Kippur, we do not observe any of the mourning rites at all. Moreover, whenever anyone buries his dead even a small amount of time before a festival or before Rosh HaShanah or Yom Kippur, the decree requiring him to observe seven days of mourning is nullified. Thus after Rosh HaShanah and Yom Kippur, a mourner counts 23 days. After Pesach, he counts16 days - for the seven days of mourning are nullified and the seven days of the festival are equal to 14. Similarly, if the deceased was buried before Shavuos, the mourner counts 16 days afterwards. For even though the holiday is only one day, since it is a festival, it is counted as seven days.

When a person buries his dead before Sukkos, he should count only nine days after the festival. For Shemini Atzeret is a holiday in its own right. Thus the first day concludes the seven days, then come the seven days of the holiday, and the eighth day is considered as a festival. Thus there are 21 days.

When a person buries his dead seven days before any one of the festivals or seven days before Rosh HaShanah or Yom Kippur, the decree requiring him to observe the 30 days of mourning is nullified. He is permitted to cut his hair and launder his garments on the day preceding the festival or Yom Kippur. The rationale is that a portion of the day is considered as the entire day. After the holiday, he does not count any other days of mourning. If, however, he is mourning for his father or mother - even if they died more than 30 days before the festival - he may not cut his hair until it grows uncontrolled or until his friends rebuke him. The festivals do not nullify this measure.

When the sixth day of mourning falls on the day before the festival - needless to say, this law applies if the fifth or the third day falls on that day - he may not cut his hair. The festival nullifies only the decree requiring him to mourn for seven days. He is not permitted to wash, anoint himself, or perform any other practice forbidden during the days of mourning until the onset of the festival. The festival concludes the seven days of mourning. After the festival, he concludes all 30 days from the day of the death. During them, he is forbidden to perform any of the five practices mentioned in Chapter 6.

The following rules apply when the seventh day of mourning falls on the day before a festival and that day is the Sabbath. The decree requiring him to observe the 30 days of mourning is nullified and he may cut his hair in the midst of the holiday. For he was held back by forces beyond his control since he cannot cut his hair on the Sabbath. Similarly, one may cut one's hair after Shavuot or after Rosh HaShanah and Yom Kippur, for the decree requiring him to observe the 30 days of mourning has been nullified and he may cut his hair whenever he desires.

When a person buries his dead in the midst of a festival, the laws of mourning do not apply to him. He does not observe the mourning rites in the midst of the festival. Instead, after the festival he begins to count the seven days of mourning and observes all of the mourning rites at that time. He counts the 30 days of Sheloshim from the day of the burial. In the days that remain from these 30 days, he observes all the restrictions required.

In the above situation, in places where the holidays are observed for two days, one should count seven days from the second day of the final days of the festival. Since its observance is a Rabbinic institution, it is included in the reckoning and he need count only six days afterwards. He counts the 30 days of Sheloshim from the day of the burial as stated above.

When a person buries his dead on the second day of a holiday which is the final day of a festival or on the second day of Shavuot, he should observe mourning rites, for the observance of the second day of a festival is a Rabbinic institution and the observance of mourning rites on the first day is a Scriptural obligation. Hence the observance of a positive Rabbinic commandment is superseded by the observance of a positive Scriptural commandment. If, however, one buries his dead on the second day of Rosh HaShanah, he should not observe the mourning rites. For the two days of Rosh HaShanah are considered as one long day, because of the rationale explained in Hilchot Kiddush HaChodesh.

Although the mourning rites are not observed at all during the festival, one should rend his garments because of his dead on a festival and uncover his shoulder. Similarly, we bring the mourners bread of comfort during a festival. All of the above applies during Chol HaMoed. On a festival, even the second day of a festival, one should not rend his garments, uncover a shoulder, or bring bread of comfort.

We rend our garments and uncover our shoulders during a festival only for the relatives for whom we are obligated to mourn, for a sage, an upright person, or for a person when one was present at the time his soul expired. Everyone brings the meal of comfort to his colleague for a sage during a festival in the main street of the city in the way the meal of comfort is brought for mourners. For everyone is a mourner because of him.

When we bring mourners the meal of comfort during a festival, we serve them while they are sitting on upright couches. We do not recite the mourning blessing during a festival. We do however stand in a line, comfort the mourners, and take leave of them. We do not leave the bier in the public thoroughfare lest that encourage the delivery of a eulogy. For it is forbidden to deliver eulogies and to fast during a festival. Similarly, one should not gather the bones of one's father and mother during a festival for this evokes mourning for the person. Needless to say, this applies with regard to one's other relatives. Similarly, we do not eulogize the dead on Chanukah, Purim, or Rosh Chodesh. We do, however, observe all the rites of mourning on those days. It is permitted to deliver eulogies on the days which precede and which follow Chanukah and Purim.

During a festival, the woman may lament, but they do not pound their hands together in grief. On Rosh Chodesh, Chanukah, and Purim, they may both lament and pound their hands together in grief; they may not, however, recite dirges on any of these days. Once the dead has been buried, they should neither lament, nor pound their hands together.

What is meant by lamenting? That all raise their voices in mourning together. By reciting dirges? That one recites a dirge and all respond in lament, as implied by Jeremiah 9:19: "to teach your daughters mourning and a woman, her friends, a dirge." When do all the above restrictions apply? When ordinary people die. When, however, a Torah scholar dies, he is eulogized during a festival. Needless to say, this applies on Chanukah, Purim, and Rosh Chodesh. This does not apply on the second day of a holiday. On the days when a eulogy is permitted, it is permitted only in the deceased's presence. Once he is buried, a eulogy is forbidden. On the day when one hears a report of his death, it is as if one is in his presence and he may be eulogized even if it is a distant report.

A woman should not have a eulogy recited for a deceased person within 30 days so that the festival will not arrive when they are grieving. For a deceased person will not be forgotten in less than 30 days. When does the above apply? With regard to a person who died previously. If, however, a person died within 30 days of a festival, a eulogy may be recited.

The seven days of the wedding celebrations are comparable to a festival. Thus if a close relative of a person - even his father or mother - dies in the middle of these days of celebration, he should complete the seven days of celebration and then observe the seven days of mourning. He also counts the 30 days of mourning from the conclusion of the days of celebration.

The following rules apply when one prepared all the necessities for the wedding feast, baked his bread, slaughtered his animals to enter the celebration, and then one of his close relatives died before he began the celebration. If he did not place the meat in water, he should sell the meat and the bread, observe the seven days of mourning, and then observe the seven days of the wedding celebrations. If he already placed the meat in water - in which instance, it cannot be resold - the corpse is placed inside a room and the groom and the bride are taken to the wedding canopy. Afterwards, he should engage in the marital relations which are a mitzvah, and then separate from his wife. He should observe the seven days of celebration and then the seven days of mourning. Throughout the seven days of celebration, he must observe the private aspects of the laws of mourning as is required on the Sabbath. Therefore he should sleep together with other men and his wife should sleep with other women so that they do not engage in relations. For these 30 days, the bride should not be prevented from wearing jewelry. In a place where it is possible to sell the meat even though it was placed in water, it should be sold and the mourning period observed first. In a place where it is impossible to sell the meat even though it was not placed in water, the wedding celebrations should be observed first. When does the above apply? When the father of the groom or the mother of the bride die. For if this feast is spoiled, they have no one to work to prepare another for them. If, however, the father of the bride, the mother of the groom, or other relatives die, one should observe the mourning period first. Only afterwards, should he enter the marriage canopy and observe the seven days of wedding celebrations.

The following rules apply when a person moves the coffin of a person from one place to another. If the corpse's backbone is intact, we stand in a line for him, recite the mourning blessing and the words of comfort for mourners. We eulogize him even if his bones were moved after twelve months after his death. If its backbone is not intact, we do not eulogize him. We do not stand in a line for him, nor do we recite the mourning blessing and the words of comfort for mourners.

Anyone who is sluggish with regard to the eulogy for a sage will not live long. Anyone who is sluggish with regard to the eulogy of an upright person is fit to be buried in his lifetime. Anyone who sheds tears for an upright person will have his reward for this guarded by the Holy One, blessed be He.

We do not place a Torah scroll on the bier of a sage. We do not change him from one bier to another. We take his bier out only through the doorway; we do not lower it to remove it through the gardens. For others, this is permitted.

We rise and sit no less than seven times in honor of a deceased person. There should be no less than ten men who rise and sit. Only relatives should participate. This rite is carried out only on the first day, in the cemetery, in communities where it is customary to observe it. How is this rite carried out in communities where it is customary to observe it? We have the other relatives and the members of the family who are not required to mourn stand and we recite dirges and the like in their presence. Afterwards, one says: "Sit honored persons, sit." He then recites other statements of lament before them while they are sitting and then says: "Stand honored persons, stand." He then speaks again while they are standing and repeats this pattern seven times.

Just as we rise and sit in honor of men in places where this custom is observed, we observe the same rites in honor of women. Never, however, do we leave the bier of a women in the public thoroughfare, for this is considered disrespectful for a woman. Instead, she is buried directly after her death.

When a person gathers the bones of a deceased, mourning dirges and lamentations should not be recited, not should the mourning blessing or words of comfort for mourners be said. Instead, we recite only words of praise to the Holy One, blessed be He, and exhortations to repentance.

The following rules apply when a person moves the coffin of a person from one place to another. If the corpse's backbone is intact, we stand in a line for him, recite the mourning blessing and the words of comfort for mourners. We eulogize him even if his bones were moved after twelve months after his death. If its backbone is not intact, we do not eulogize him. We do not stand in a line for him, nor do we recite the mourning blessing and the words of comfort for mourners. The term "mourning blessing" refers to what is said in the mourners' home. The words of comfort for mourners refers to what is said when standing in a line.

When a person gathers the bones of his father and his mother, he should mourn for them for that entire day. In the evening, he should not mourn even though they are bound up in his sheet. One does not recite mourning dirges.

We do not eulogize children. How old must a child be to be fit to be eulogized? For the children of the poor or the children of the elderly, five years old. For the children of the wealthy, six years old. This applies to both boys and girls.

The following rules apply when a child dies. If he dies within 30 days of birth, he should be carried in one's bosom and buried with one woman and two men in attendance. He should not be buried with one man and two women in attendance because of the prohibition against men and women being together alone. We do not stand in a line because of him, nor do we recite the mourning blessing or the words of comfort for mourners. When a child was a full 30 days old, his corpse should be carried in a small coffin that can be carried on one's forearms. We stand in a line because of him and recite the mourning blessing and the words of comfort for mourners. A child of twelve months is carried out in a bier.

Whenever a corpse is taken out in a bier, people at large should grieve for him. Whenever it is not taken out in a bier, people at large need not grieve for him. Whenever anyone is known to people at large, people at large should occupy themselves with his burial. When one is not known to people at large, people at large need not occupy themselves with his burial. In a place where it is customary for women to walk before the bier, they walk before the bier; where it is customary for them to walk after the bier, they walk after the bier.

We do not eulogize servants and maidservants. Nor do we stand in a line because of them, nor do we recite the mourning blessing nor the words of comfort for mourners. Instead, we tell the master, as we would say if one lost an ox or a donkey: "May the Omnipresent replenish your loss."

How are mourners comforted? After the deceased is buried, the mourners gather together and stand at the side of the cemetery. All of those who attended the funeral stand around them, line after line. A line may not be less than ten and the mourners are not included in the reckoning.

The mourners stand at the left side of the comforters and the comforters pass by the mourners one by one and tell them: "May you be comforted from heaven." Afterwards, the mourner goes home. On each of the seven days of mourning, people come to comfort him. Whether new people come or not, the others still comfort him.

The mourner sits at the head of the company. The comforters are permitted to sit only on the ground, as Job 2:13 states: "And they sat with him on the ground." They are not permitted to say anything until the mourner opens his mouth first, as it is written (ibid.): "And no one spoke anything to him." And it states (ibid. 3:1, 4:1): "And then Job held forth.... And Eliphaz responded." Once the mourner shakes his head, the comforters are no longer permitted to sit with him, so that they do not trouble him overly so.

When a deceased person has no mourners who must be comforted, ten upright men from the community at large come and sit in his place throughout the seven days of mourning. Others gather around them. If there are not ten fixed people who remain throughout the seven days, each day, ten other people are selected and they sit in his place.

Everyone is obligated to stand in front of a nasi except a mourner and sick person. To all who stand in his presence, he says: "Sit," with the exception of a mourner and sick person, for that would imply: "Remain in your mourning," "Remain in your illness."

We sweep and we mop in a mourner's home. We wash plates, cups, pitchers, and bottles, and light lamps. We do not, however, bring incense or spices.

We do not bring the food for the meal of comfort to a mourner's home in silver or cork utensils or the like, but wicker-work baskets of planed willow trees or the like so as not to embarrass a person who lacks means. Similarly, beverages are not poured in clear glasses rather than colored ones so as not to embarrass the poor whose wine is not of a high quality.

No one person should drink more than ten cups of wine in the house of a mourner: three before the meal, three during the meal, and four afterwards. One should not drink more lest he become intoxicated.

We do not relate teachings of Torah law or homiletic insights in the home of a mourner. Instead, we sit in grief. In the presence of the corpse, we speak only of matters related to the corpse. To be involved in Torah study in the presence of a corpse or in a cemetery is forbidden.

One should not cry over the deceased for more than three days and one should not eulogize him for more than seven. When does the above apply? To people at large. With regard to Torah scholars, by contrast, everything depends on their wisdom. In any case, we do not cry over them for more than 30 days, for we have no one greater than Moses our teacher and concerning him, Deutronomy 34:8 states: "The children of Israel cried over Moses... for 30 days and the days of crying in mourning for Moses concluded." We do not eulogize for more than twelve months, for we have no one of greater wisdom than our holy teacher Rabbeinu Hakodesh, and he was eulogized for only twelve months. Similarly, if a report of a wise man's death reaches us after twelve months, we do not eulogize him.

A person should not become excessively broken hearted because of a person's death, as Jeremiah 22:10 states: "Do not weep for a dead man and do not shake your head because of him." That means not to weep excessively. For death is the pattern of the world. And a person who causes himself grief because of the pattern of the world is a fool. What should one do? Weep for three days, eulogize for seven, and observe the restrictions on cutting one's hair and the other five matters for 30 days.

Whoever does not mourn over his dead in the manner which our Sages commanded is cruel. Instead, one should be fearful, worry, examine his deeds and repent. If one member of a group dies, the entire group should worry. For the first three days, one should see himself as if a sword is drawn over his neck. From the third day until the seventh, he should consider it as if it is in the corner. From that time onward, as if it is passing before him in the market place. All of this is so that a person should prepare himself and repent and awake from his sleep. Behold it is written Jeremiah 5:3: "You have stricken them, but they have not trembled." Implied is that one should awake and tremble.

It is a positive commandment of Rabbinic origin to visit the sick, comfort mourners, to prepare for a funeral, prepare a bride, accompany guests, attend to all the needs of a burial, carry a corpse on one's shoulders, walk before the bier, mourn, dig a grave, and bury the dead, and also to bring joy to a bride and groom and help them in all their needs. These are deeds of kindness that one carries out with his person that have no limit. Although all these mitzvot are of Rabbinic origin, they are included in the Scriptural commandment Leviticus 19:18: "Love your neighbor as yourself." That charge implies that whatever you would like other people to do for you, you should do for your comrade in the Torah and mitzvot.

The reward one receives for accompanying guests is greater than all of the others. This is a statute which Abraham our Patriarch instituted and the path of kindness which he would follow. He would feed wayfarers, provide them with drink, and accompany them. Showing hospitality for guests surpasses receiving the Divine Presence as Genesis 18:3 states: "And he saw and behold there were three people." Accompanying them is greater than showing them hospitality. Our Sages said: "Whoever does not accompany them is considered as if he shed blood."

We compel people to accompany wayfarers in the same manner as we compel them to give charity. The court would prepare agents to accompany people who travel from place to place. If they were lax in this matter, it is considered as if they shed blood. Even a person who accompanies a colleague for four cubits will receive a great reward. What is the extent to which a person must accompany a colleague? A teacher must accompany his student to the outskirts of the city. A person must accompany a colleague to the city's Sabbath limits. A student must accompany his teacher for a parsah. If he was his master teacher, he must accompany him until three parseot.

It is a mitzvah incumbent on everyone to visit the sick. Even a person of great spiritual stature should visit one of lesser stature. One may visit many times during the day. Whoever increases the frequency of his visits is praiseworthy provided he does not become burdensome. Whoever visits a sick person removes a portion of his sickness and relieves him. Whoever does not visit the sick is consider as if he shed blood.

We do not visit the sick except from the third day onward. If, however, a person became ill suddenly and his illness became very severe, he should be visited immediately. We do not visit the sick during the first three hours of the day, nor in the last three hours because his attendants are tending to the sick person's needs. We do not visit patients with stomach illnesses, eye illnesses, or headaches because the visits are difficult for them.

When one comes to visit a sick person, he should not sit on a bed, nor on a chair, nor on a bench, nor on a high place, nor above the invalid's head. Instead, he should wrap himself in a tallit, sit below his head, entreat G-d for mercy on his behalf and depart.

It appears to me that comforting mourners takes precedence over visiting the sick. For comforting mourners is an expression of kindness to the living and the dead.

When a person is faced with either tending to a corpse or a bride, he should leave the bride and occupy himself with the corpse. Thus Ecclesiastes 7:4 states: "The heart of the wise is in the house of mourning." When a corpse and a bride confront each other on a road, the corpse is turned aside before the bride. Both of these should turn aside before a king

We nullify Torah study for a funeral and for a wedding. When does the above apply? When there are not enough people to care for a corpse. If there are enough people to care for it, Torah study should not nullified. Whoever does not occupy himself with Torah study is obligated to occupy himself with the corpse.

If there is one corpse in a city, all the inhabitants of the city are forbidden to perform work until they bury him. If there is a person responsible for tending to the needs of funeral, the others are permitted.

When a Torah scholar dies, unless there are 600,000 to accompany him, we nullify Torah study for his funeral. If there are 600,000, we do not nullify Torah study. If he would also teach others, there is no limit. Instead, we nullify everyone from their ordinary activity for his funeral.

We bury the dead of the gentiles, comfort their mourners, and visit their sick, as an expression of the ways of peace.

It is forbidden to benefit from a cemetery. What is implied? We do not eat or drink, perform work read the Torah or study the Oral Law within them. The general principle is: We do not benefit from them nor act frivolously within them. A person should not walk within four cubits of a grave with tefillin in his hand or a Torah scroll in his arm, nor should he pray there. At a distance of four cubits, this is permitted.

When a person is transporting the bones of a corpse from one place to another, he should not put them in a leather sack, place them on a donkey and ride upon them, because this is treating them contemptuously. If he was afraid of thieves or robbers, this is permitted.

We do not move a corpse from one grave to another, even from a denigrating site to an honorable one. If the grave was located in another person's property, the corpse may be moved even from an honorable site to a denigrating one.

We do not bury one corpse on top of another, nor do we bury two corpses together, for this is denigrating. A baby who sleeps with his mother may be buried with her.

It is not forbidden to benefit from the earth of a grave. For ordinary earth never becomes forbidden. It is, by contrast, forbidden to benefit from a building which is a grave.

When a person builds a grave for a deceased person, the grave does not become forbidden until the corpse is placed inside. Even if one places a stillborn infant in a grave, the prohibition against benefiting from it takes effect.

The following rules apply when a monument is built for the sake of a living person and a corpse is placed within. If one row of bricks was added for the sake of the deceased person, it is forbidden to derive benefit from the entire monument even after the corpse was removed from there. If one recognized the addition, one may remove it and then the remainder is permitted. If the monument was made for the sake of the deceased, once the corpse was placed in it, it becomes forbidden even though the corpse was removed.

When a person builds a grave for his father and then buries his father's corpse in another grave, he should never bury another corpse in that grave. Instead, it is forbidden to benefit from this grave forever as an expression of respect for his father.

It is forbidden to benefit from a corpse with the exception of its hair. One may benefit from hair, because it is not his body. Similarly, it is forbidden to benefit from the coffin and the shrouds. There is no prohibition against benefiting from garments prepared to be used as shrouds. Even if one knitted a garment to be used for a corpse, they are not forbidden until they reach the bier which is buried with him. For designation of an article to be used for a corpse does not cause it to be forbidden.

It is forbidden to benefit from all the garments thrown upon the deceased on the bier which is buried with him, so that because of them, confusion will not arise with regard to shrouds.

If a person's father or mother were throwing garments on the bier in their extreme aggravation, it is a mitzvah for others to save them. If they reached the bier which is buried with the corpse, we do not save them.

We teach a person that he should not recklessly destroy property and throw it to oblivion. It is better to give it to the poor than to throw it to maggots and worms. Whoever casts many articles on a deceased person violates the commandment against destroying property.

When a king dies, we ruin the horse that he would ride upon and the calf that pulls the wagon in which he would sit. We cut off its hooves from below the knee, a place that does not render it trefe. We convene a yeshivah at his grave for seven days, as II Chronicles 32:33 states: "They honored him in his death." Our Sages interpret this as meaning: they convened a yeshivah at his grave. When a nasi dies, we do not nullify his yeshivah for more than 30 days.

When a king or a nasi dies, one may burn his bed and all his personal utensils. This is not considered as an Amorite or destructive practice. For Jeremiah 34:5 states: "You shall die in peace, and as they made pyres for your ancestors, the earlier kings..., they will make pyres for you."