מי שבאה לו שמועה שמת לו קרוב אם בתוך ל' יום הגיעה השמועה אפי' יום ל' עצמו ה"ז שמועה קרובה וחייב לנהוג שבעה ימי אבלות מיום שהגיע השמועה וקורע ומונה ל' יום (מיום השמועה) (כך משמע מהרמב"ם ומנימוקי יוסף פא"מ ובמרדכי) לתספורת עם שאר דברים כללו של דבר יום שמועתו הקרובה כיום הקבורה ואם שמע מיום ל' ואילך א"צ לנהוג אלא שעה אחת לא שנא שמע ביום לא שנא שמע בלילה שאם שמע בלילה ונהג מקצת אבלות בלילה שעה אחת עולה לו ואפילו שמע על אביו ואמו והני מילי לענין גזירת שבעה אבל לענין גזירת שלשים נוהג על אביו ואמו בתספורת עד שיגערו בו חביריו ובגיהוץ עד שיגיע הרגל ויגערו בו וכן בשאלת שלום וליכנס לבית המשתה ומונה מיום מיתה ולא מיום שמועה לפיכך אם באה לו שמועה על אביו ואמו לאחר י"ב חדש אינו נוהג אלא יום אחד אף בגזירת ל':

One to whom a report came that he suffered the loss of a near-of-kin [for whom one is dutibound to observe mourning rites], — if the report reached him within thirty days [after burial],¹ VII, 1 derived from M.K. 20a. One who receives a death report and does not know whether it is still within or after the thirty days, — there is a difference of opinion among the Codifiers. TaZ rules that he does not have to observe mourning rites. supra § 397, 1, n. even [if he received it] on the thirtieth day proper,² and N in T.H. This is derived (M.K. 20b) from the case of one who receives near tidings on the Sabbath, and by the termination of the Sabbath it has become distant tidings in which case the law is that he observes one day of mourning only (actually one hour. infra). From this we conclude that the Sabbath must have been the thirtieth day, and since one observes on the Sabbath only mourning pertaining to private matters, formal mourning cannot continue after the Sabbath. Hence, with the termination of the Sabbath the death report is regarded as distant tidings. Were the Sabbath the twenty-ninth day, the entire seven days of formal mourning would have to be observed. Consequently, we may conclude that a death report received on the thirtieth day (excluding the Sabbath) is regarded as near tidings. The thirtieth day is calculated according to the locality of the mourner and not the place of death, e.g., if one who lives in United States or Canada receives a death report from Europe on the thirtieth day, although in Europe at that time it was already the thirty-first day, we follow the locality of the mourner with respect to determining whether it is near or distant tidings — Resp. Abne Zikaron. it is considered near tidings and he is dutibound to observe seven days of mourning from the day that the [death] report reached him, and he rends [garments]³ died all must rend garments. This undoubtedly refers to near tidings, for if not, i.e., if it refers to the time between death and burial, then even in the case of any worthy person אדם כשר who dies one must rend garments, and not only in the case of a Ḥakam. § 401, 3 and W.G. a.l. and counts thirty days from the day the report [is received]⁴ (Yad, ibid.) and N.Yos. and Mord. M.K. III — G. with respect to [the prohibition against] hair-cutting [and] with [regard to] other matters [which obtain in the case of other dead.⁵ and Tur. The general principle of the matter is [that] the day of his [receiving] near tidings [is regarded] as the day of burial.⁶ on the day one receives a death report of near tidings (B.Yos. on the authority of N) — TaZ. Cf. supra § 388, 1, n. 4. however, Nek. Hak. that this follows from par. 2 infra. The thirty days of near tidings are calculated from the day of burial and not from the day of death. Thus D.Merb. TaZ and ShaK state that we should calculate from the day of death (v. Nek. Hak. who writes that the matter requires further elucidation). Thus also Peri Megadim and Ḥ. Adam. Mishmereth Shalom after a lengthy analysis of this problem concludes that the law is in accordance with the lenient view. A.H. maintains that we should calculate from the day of burial (v. Zeb. 100b). However, if he received the report after the thirtieth day and onward, — he is required to observe [mourning rites] only for one hour,⁷ § 399, 7, n. 56. [and] there is no difference whether he received the [death] report during the day⁸ or during the night,⁹ § 395, 2. [for even] if he received the [death] report at night and observed some mourning rites at night for one hour,¹⁰ § 388, 1, n. 4. it counts for him [as valid]; and even if he received a report [of distant tidings] about [the death of] his father and/or mother [the same principle obtains].¹¹ and Asheri, derived from the following case of Rab and R. Ḥiyya in M.K. 20a-b and parallel references: ‘. . he (R. Ḥiyya) said to his nephew (Rab), “Is father alive”? — He replied, “Mother is alive.” (Again) he asked, “Is mother alive”? — He replied, “Father is alive.” R. Ḥiyya then said to his attendant, “Take off my shoes and bring along my things to the (public) bath-house.” From this we learn three things: We learn that a mourner is forbidden to put on shoes; that (on hearing) distant tidings (one observes mourning rites) for one day only; and that part of the day is (regarded) as a whole day.’ According to R. Ḥananel, R Ḥiyya referred to his own parents when questioning Rab about them (v. Rashi and Tosaf. ibid. s.v. אייבו for other interpretations). The same ruling is derived from the case of R. Ḥinena (ibid. 20a) who received tidings from Be Ḥozai about the death of his father, and after consulting R. Ḥisda, the latter told him, ‘On (receiving) distant tidings, mourning is observed for one day only.’ And this, — [viz., that even in the case of receiving distant tidings about the death of one's parents, one hour of mourning suffices], applies only with respect to the restrictions of the seven [days of mourning which fall away in the case of distant tidings],¹² on the authority of N in T.H. on the basis of a logical deduction. but as to the restrictions of the thirty [which apply in the case of other dead],¹³Z. — he observes [in the case of receiving distant tidings] about [the death of] his father and/or mother the [prohibition against] hair-cutting until his friends rebuke him, and with respect to laundry work, — until the Festival arrives and they rebuke him, and likewise, with respect to extending a greeting of peace or entering a house of feasting. However, [in the aforementioned restrictions],¹⁴ he counts¹⁵ from the day of death and not from the day that the [death] report [is received]. Therefore, if a report reached him about [the death of] his father and/or mother after twelve months [from the day of death], he observes only one day¹⁶ of mourning [and] even with respect to the restrictions of the thirty [days in the case of other dead the same principle applies].

footnotes: ¹ Yad, Ebel ² Thus Alfasi ³ Derived from M.K. 20b where the question is raised whether or not one rends garments on hearing near tiding on the Sabbath which becomes distant tidings at the termination of the Sabbath, whence it follows that during the thirty days one must rend garments. Furthermore in M.K. 25a it is stated that if a Ḥakam ⁴ Thus implied in Maim. ⁵ E.g., the mourner’s meal and everything else which obtains on the day of burial — Asheri ⁶ One should not don Tefillin ⁷ M.K. 20a in accord with R. Akiba. supra ⁸ E.g., the thirty-first day. ⁹ E.g., the night of the thirty-first day. supra ¹⁰ Cf. supra ¹¹ N ¹² Tur ¹³ e., whatever restrictions obtain in the case of other near-of-kin with respect to the thirty days, e.g., laundry-work, hair-cutting, obtain in the case of one’s parents until he is rebuked etc. — Ta ¹⁴ With respect to distant tidings received about the death of a parent. ¹⁵ The twelve months. ¹⁶ e., one hour. For we apply the principle that ‘part of a day is regarded as a whole day.’

One who hears distant tidings is not required to observe the entire law of mourning rites, but it is sufficient for him to remove [his] shoe[s] and he is not required [to observe in addition] muffling [of the head] or overturning the couch, and he is permitted to work, bathe, annoint himself, use of the conjugal couch and Torah-study. However, if he has no shoes on his feet [at the time the distant tidings are reported to him], he is required to overturn his couch or to muffle his head, for he is required to perform a [positive] act whereby it may be seen that he acts [thus] on account of mourning. If, however, he was engaged in the study of the Torah, or work, or he was bathing or annointing himself, and a [belated death] report came to him, — he interrupts [this] for one hour on account of mourning, and [subsequently] returns to what he was doing.¹⁷ on the authority of N in T.H., derived from the case of R. Ḥiyya and Rab. supra n. 11. R. Ḥiyya merely removed his shoes but went to the bathhouse which is forbidden to a mourner for a recent bereavement. But if he was wearing Tefillin¹⁸ [at the time the distant tidings were received], he is not required to remove them.¹⁹ in T.H. derived from R. Ḥiyya (ibid.), who, we assume was wearing his Tefillin. at the time he was informed about the death of his parents, and yet no mention is made that he removed them (v. supra n. 11). For if R. Ḥiyya were required to remove his Tefillin, it would mean that distant tidings of death would be considered more stringent than mourning for a recent bereavement, in which case the law is that the Tefillin should be worn during the observance of formal mourning save on the first day. supra § 388 and notes. Yet, he does not discharge his duty of mourning through this [aformentioned] interruption, and is required to perform a [positive] act whereby it may be seen that he acts [thus] on account of mourning, e.g., [by] removing [his] shoes or over-turning the couch and muffling [the head]. However, one [such act] is sufficient.

footnotes: ¹⁷ Lit. ‘to what was in his hand.’ Tur ¹⁸ Glos. ¹⁹ Thus N

One does not provide the mourner's meal on account of distant tidings.²⁰ and Mord. Derived from the case of R. Ḥiyya (ibid.) where this was not done. M.K. 25b, Tosaf. s.v. אלא. Regarding the laws of the mourner’s meal, v. supra § 378.

footnotes: ²⁰ N.Yos

[For all other near-of-kin] one does not rend [garments] on account of distant tidings;²¹ s.v. קורע. Cf. supra § 340, 18 and W.G. ibid. n. 40. for one's father and/or mother one always rends [garments],²² in accord with R. Zera. Thus also N, Alfasi and Asheri, derived from Y.M.K. III, 5(82c). — and in a case where one does not have to rend [garments], one is forbidden to place himself under greater stringencies [than the law requires] and rend²³ (Deut. XX, 19). [garments].²⁴ — G.

footnotes: ²¹ M.K. 20b in accord with R. Mani. Tosaf. ibid. ²² M.K. ibid. ²³ Unless it is done for his parents or for a distinguished person whom he consulted on halachic matters and before whom he always stood in awe on account of the latter’s erudition. Where one is not required to rend, rending garments is regarded as a transgression of ‘Do not destroy anything wantonly’ ²⁴ Or Zaru‘a

One who received a [death] report on the Sabbath or on a Festival and at the termination of the Sabbath or the Festival it became distant [tidings], observes but one day²⁵ states that in the case where the seventh day of mourning terminates on the Sabbath, since only matters pertaining to private mourning are observed on the Sabbath, the mourner should observe one hour of mourning at the termination of the Sabbath. This is, however, refuted by the Codifiers, and the accepted custom is not to observe one hour of mourning at the termination of the Sabbath — TaZ, ShaK and A.H. [of mourning]²⁶ and on the Sabbath or the Festival day he is forbidden matters pertaining to private [mourning].²⁷ in T.H.

footnotes: ²⁵ e., one hour. BaḤ ²⁶ M.K. 20b. ²⁷ N

One who received distant tidings on the Sabbath or on a Festival, does not observe even matters pertaining to private [mourning], and at the termination of the Sabbath or the Festival he observes one hour [of mourning] and this is sufficient for him.²⁸

footnotes: ²⁸ M.K. ibid.

One who received near tidings on the Sabbath, — [the law is that] the Sabbath enters for him [into the counting of] one day [of the seven days of mourning], and the following day he rends [his garments], and the sixth day [after the Sabbath] is considered for him the seventh day of mourning.²⁹ on the authority of SeMaG. Thus also BeHaG and other Codifiers. The present ruling is contra R. Yeḥiel (cited by Tur) who maintains that the Sabbath does not enter into the counting if it is the first day. Hence, according to R. Yeḥiel, the following Sabbath would be considered the seventh day of mourning. Caro, however, makes no distinction whether the Sabbath is the first day of mourning or not — TaZ, A.H.

footnotes: ²⁹ T.H.

[If] ten days after the Festival of Sukkoth¹⁸ one received a report that he had suffered a bereavement on the eve of the Festival [of Sukkoth], — although, if we should count one hour before the [advent of] the Festival [of Sukkoth as equivalent to] seven [days] and the seven days of the Festival [of Sukkoth] and the day of Shemini Azereth¹⁸ [which in itself counts as seven days, we would have] twenty-one days, and ten more days following, these would be [in all] thirty-one days, — [yet] this [death report] does not have the status of distant tidings,³⁰ (RaZaH) to M.K. III, quoted by R. Meir of Rothenberg. but [rather] of near tidings,³¹ — TaZ. however, supra par. 1, n. 6. since the Festival does not enter [into the counting] for one who did not observe mourning prior to it [the Festival] at all, and much more so for one who knew not that he had suffered a bereavement.³² on the authority of Ba‘al ha-Maor. Thus also N — G.

footnotes: ¹⁸ Glos. ¹⁸ Glos. ³⁰ R. Zeraḥyah ha-Lewi ³¹ Similarly in the case of one who died on the first day of the week, and was interred on the following day, we calculate the near tidings from the day of death. For in all matters we follow the day of death save the mourning period which begins from the closing of the tomb by the Golel ³² R. Yeruḥam

[If] one received two reports of distant tidings on one day, one observes for them only one day [of mourning].³³ n. 16. [If] they were [both reports of] near [tidings], or one suffered two bereavements simultaneously,³⁴ § 375, 10). one counts for both at the same time the seven and thirty [days of mourning]. [If] one heard one³⁵ [report of near tidings] today and the other³⁵ [on] the following day, one counts for [the first from the first day and] for the second from the day the [death] report [is received] the seven and thirty [days of mourning].³⁶ in T.H. on the authority of Ghayyat derived from the case of R. Ḥiyya (v. supra par. 1, n. 11) who was informed about the death of his parents on the same day, and yet, observed for both mourning rites for one day (since it was a case of distant tidings). It follows, therefore, that the same principle applies in a case of near tidings as recorded in the present ruling.

footnotes: ³³ e., one hour. Cf. supra ³⁴ Similarly, in the case of one bereavement following another (v. supra ³⁵ Lit. ‘this one… that one.’ ³⁵ Lit. ‘this one… that one.’ ³⁶ N

One who received near tidings on the Sabbath [that fell on the] eve of the Festival, — [the law is that] since one observes [then] matters pertaining to private [mourning], that Sabbath [day] enters for him into the counting of the seven [days of mourning].³⁷ to M.K. III on the authority of R. Meir of Rothenberg. Thus also Hag. Maim. With the advent of the Festival, the restrictions of the seven days of mourning become annulled. supra § 399 beg.

footnotes: ³⁷ Mord.

One who had already recited the evening Tefillah¹⁸ and it is still day and [then] received near tidings, counts [the days of mourning] from the following day and that [previous] day does not enter for him [into the counting].³⁸ (Ma‘arib) and it is still day, does not regard the day as night and must observe formal mourning, for we regard the day as night only if a stringency will result (as in the present ruling), but if, as in the above case, a leniency will result, i.e., on the next day the tidings will be considered distant, the day is not regarded as night— TaZ. Ḥid. ha-Gershuni disputes this and disagrees with TaZ. On the present ruling v. supra § 375, 11, nn. 46-47.

footnotes: ¹⁸ Glos. ³⁸ But one who received near tidings towards the end of the thirtieth day after having recited the evening Tefillah

One who suffered a bereavement and it was not known to him, — [the law is that] it is not obligatory that they inform him [thereof], even in [the case of] his father and/or mother [who died],³⁹ par. 1, n. 11. also Naz. 44a, where it is reported that the father of R. Isaac died at Ginzak, and the son was informed about it three years later. and regarding such a one, [i.e., who does inform], it is said, 'And he that uttereth a slander is a fool';⁴⁰ and it is permissible to invite him to a feast of betrothal and marriage and [likewise to] every [type of] festivity, since he knows not thereof.⁴¹ to Ebel VI on the authority of Rashi. A husband who knows that his wife suffered a bereavement of which she is unaware, is permitted to cohabit with her — P.Tesh. However, if he asks about him, one should not lie and say that he is alive,⁴² and Hag. Maim. In reporting a death one should phrase his statement in such a manner so as to convey a double meaning, i.e., there should be the possibility of interpreting his words both for life and death — TaZ. Cf. case of R. Ḥiyya supra par. 1, n. 11. On a Festival, however, one should not report a death, so as not to grieve the mourner which is not in keeping with the festive spirit of the Holiday — P.Tesh. for it is written, 'Keep thee far from a false matter.'⁴³ Gloss: Nevertheless, in [the case of surviving] male children it is customary to inform [them thereof] so that Kaddish¹⁸ be recited, but in [the case of surviving] daughters it is not customary to inform them at all.⁴⁴ s. 13 — G. It is a religious duty to fast [on] the day that one's father or mother died,⁴⁵ on the authority of R. Meir of Rothenberg and other Codifiers. By fasting a person will repent, investigate his conduct and improve it. This has a redeeming power for the parents. At the Afternoon Service (Minḥa) on the Yahrzeit day, one who fasts should recite the עננו prayer (v. Siddur) as in the case of any other fast day. and one fasts on the day of death and not on the day of burial,⁴⁶ s. 121 and Isserlein s. 296 and Later Codifiers — G. unless one was present at the burial and not at the death.⁴⁷ — G. The anniversary of death (Yahrzeit) and the fast are always observed on the day of death — TaZ. If, however, three or four days elapsed between death and burial, the law is that the first year one observes the Yahrzeit on the day of burial and every succeeding year on the day of death —ShaK. On the Yahrzeit day a lamp is lit. If one observes Yahrzeit for both parents on the same day, two lamps or candles are lit — Sefer Amarkol. For one who died at twilight (בין השמשות), one observes the Yahrzeit on the following day — Resp. Minḥath Elazar. If one who observes Yahrzeit on the Sabbath, forgot to light the Yahrzeit lamp before the advent of the Sabbath, — if he reminds himself on the eve of the Sabbath at twilight, he may instruct a non-Jew to light it for him — M.Abr. (O.Ḥ. § 261, n. 6). One may light a Yahrzeit lamp on a Holiday — Ketab Sofer. One who is in doubt whether the Yahrzeit should be observed on the fourth or the fifth day of the month, — the law is that if he has other brothers elsewhere who know the exact day when Yahrzeit falls (it is understood that he is unable to contact them in order to determine the correct day), he should observe the Yahrzeit on the fourth day (i.e., the first doubtful day). But it there is no one else in the family to observe the Yahrzeit, he must observe both days — Ḥatam Sofer. If this day occurred on a day during which Taḥanun¹⁸ is not recited, one does not fast at all.⁴⁸ day falls on the day when one’s child is to be circumcised, the father or the Sandek or the Mohel, who may be observing Yahrzeit, do not fast. Likewise, in the case of the redemption of a first-born child, the father or the Kohen who may be observing Yahrzeit, do not fast — O.Ḥ. ibid. par. 9. TaZ and Sha‘are Tesh. ibid. So too, a groom during the seven days of his wedding-feast, does not fast on the Yahrzeit day. However, one observing Yahrzeit is not permitted to eat at the feast held on the completion of a Talmudical tracate (סיום) — ShaK. One who does not know the day of his father’s or mother’s death, should select a certain day during the year on which to observe the Yahrzeit and fast, but he may not encroach upon the rights of others with respect to the Kaddish — M.Abr. (O.Ḥ. § 568, n. 20). If one who has to observe Yahrzeit is unable to say Kaddish, e.g., when he is on the road, he may recite Kaddish at the evening service (Ma‘arib) following the Yahrzeit day — Matte Efrayyim. If at the place of death it was already night when the person died and at the place of the near-of-kin it was still day, the Yahrzeit day is fixed according to the place of death — Sh.M.B. contra Kol Bo(G). Cf. supra par. 1, n. 2. If they died during [the month of] Adar⁴⁹ and the year was a leap year,⁵⁰ is observed. Thus M.Abr. — the fundamental principle is to fast [and observe Yahrzeit] during [the month of] Adar I,⁵¹ s. 294 and R. Judah Minẓ — G. although there are some who differ with [this], — yet, thus is the fundamental principle. However, if they died in a leap year during Adar II, one likewise fasts in a [subsequent] leap year during Adar II⁵² — G. e., in a subsequent leap-year he fasts during the Adar that death occurred, and in the following ordinary years he fasts during Adar. If the death occurred during an ordinary year, then in a subsequent leap-year he fasts during Adar I and during Adar II he recites the Kaddish but does not take precedence over others in leading the services etc. — ShaK, P.Tesh., M.Abr. The month of Ḥeshvan is sometimes full (i.e., it consists of thirty days in which case the first of the month (Rosh Ḥodesh) of Kislev, following, consists of two days, of which the first day of Rosh Ḥodesh is the thirtieth day of Ḥeshvan and the second day of Rosh Ḥodesh is the first day of Kislev) and sometimes the month of Ḥeshvan is defective (i.e., it consists of twenty-nine days, in which case, Rosh Ḥodesh Kislev, following, is observed only one day). Consequently, if one dies on Rosh Ḥodesh Kislev when Rosh Ḥodesh is observed only one day, — the law is that in a subsequent year when Rosh Ḥodesh Kislev consists of two days, the Yahrzeit should be observed on the second day of Rosh Ḥodesh, which is the first day of the month of Kislev. However, if one died on the first day of Rosh Ḥodesh Kislev when Rosh Ḥodesh consisted of two days, the question is — when should one observe Yahrzeit in a subsequent year when Rosh Ḥodesh Kislev consists of one day only? Should one observe the Yahrzeit on the twenty-ninth day of Ḥeshvan, since the death took place on the last day of Ḥeshvan, or do we say that since in matters pertaining to vows (v. end of Gloss anon) we follow the language of the people, he should observe Yahrzeit on Rosh Ḥodesh Kislev? — The following procedure should be adopted: If during the first year following the death, Rosh Ḥodesh Kislev is observed for one day only, the Yahrzeit should be observed on the twenty-ninth day of Ḥeshvan. Thus also whenever the month of Ḥeshvan is defective, then on the following day (i.e., Rosh Ḥodesh Kislev), if there are no mourners in the Synagogue, he should also recite the Kaddish and lead the services. But if during the year following the death, Rosh Ḥodesh Kislev consists of two days, consequently, the Yahrzeit becomes fixed for Rosh Ḥodesh Kislev and he should observe it thus every subsequent year, even when Rosh Ḥodesh Kislev consists of one day. The same principle applies to other months which are sometimes full and sometimes defective — M.Abr. Since Rosh Ḥodesh Tebeth is sometimes observed one day, in which case the sixth day of Ḥanukkah is the first of Tebeth, the seventh day, — the second of Tebeth and the eighth day, — the third of Tebeth; and sometimes Rosh Ḥodesh Tebeth consists of two days, i.e., the sixth and seventh day of Ḥanukkah, in which case the seventh day of Ḥanukkah is the first day of Tebeth and the eighth day, — the second day of Tebeth, — consequently, one who observes Yahrzeit during these days should not err by counting the days of Ḥanukkah, but one must always count the days of the month — M.Abr. and O.H. § 568, 8. supra § 391 that one should not eat at a feast on the night of [which the following] day is the death anniversary of one's father or/and mother.⁵³ § 391, 3, Gloss n. 38. [If] this fast falls on the eve of the Sabbath, the law is as [on] other fastday[s]. O.H. § 249. In any case, — [the law is that] if the first time one fasted the whole day, one should adopt this practice all the days of his life.⁵⁴).

footnotes: ³⁹ M.K. 20a-b, derived from the case of R. Ḥiyya. supra ⁴⁰ Prov. X, 17. ⁴¹ Hag. Maim. ⁴² Mord. ⁴³ Ex. XXIII, 7. ¹⁸ Glos. ⁴⁴ MaHaRIW ⁴⁵ Kol Bo ⁴⁶ MaHaRIW ⁴⁷ On tradition from a distinguished Elder, R. M. Landau ¹⁸ Glos. ⁴⁸ Thus also if the Yahrzeit ⁴⁹ In an ordinary year. ⁵⁰ e., the following year or years when Yahrzeit ⁵¹ T. ha-Deshen ⁵² Ibid. ⁵³ supra ⁵⁴ For it is then regarded as a vow. Hence, he must always fast on that day. Should one, however, be ill or should there be any other reason which prevents him from observing the fast-day, he must first be released from his vow. But if, prior to observing the first fast-day, one explicitly stated that he fasts on the condition that this should not be regarded as a vow for the following year, he does not require any release (v. O.Ḥ. § 568 and Ḥ. Adam