A mourner, as long as his dead is lying before him,¹ is exempt from reading the Shema‘ and Tefillah and from all the commandments prescribed in the Torah. Even if he desires to place himself under greater restrictions [than the law requires] he should not do so out of respect for the dead.

footnotes: ¹ i.e. before the burial for which he has to make arrangements; cf. Ber. 18a (Sonc. ed., p. 106).

² When the time comes for reading the Shema‘, all the people [present] read it but he remains silent; when they stand to read the Tefillah, all read it but he justifies for himself the divine decree. What does he say? ‘Sovereign of all the universe, I have sinned before Thee; I have repaid but few of my obligations; I merit much more punishment than this; may it be Thy will to repair our breaches and to comfort us’. R. Simeon b. Eleazar said: He also prays for all the needs of the dead person.

footnotes: ² Cf. Ber. 19a (Sonc. ed., p. 116).

³. 17b-18a (Sonc. ed., p. 102), M.Ḳ. 23b (Sonc. ed., p. 146). A mourner eats [his meal] in the house of his neighbour, and if he has no neighbour he eats it in another room; and if he has no other room [than that in which the dead is lying], he puts up a partition and eats; and if he is not able to put up a partition, he turns his face away from the dead and eats. But he must not eat in a reclining posture,⁴ eat as much food as he needs, eat meat or drink wine. He is not included in the Zimmun, others do not say Grace on his behalf, and we do not request him, ‘Say Grace’.⁵ When does this apply? On week-days, but on the Sabbath⁶ he eats as much as he needs, he may eat meat and drink wine, and is included in the Zimmun. Rabban Gamaliel said: A mourner [is regarded] on the Sabbath as if he were not a mourner.

footnotes: ³ ibid ⁴ At meals people usually reclined on the left elbow on a couch as a mark of ease. ⁵ This means to lead the company in Grace after meals; but the Gemara, Ber. 17b (Sonc. ed., p. 107), reads ‘and he does not say a blessing [over food]’, which Rashi interprets as referring to Grace before meals. ⁶ When there is no outward mourning.

We do not remove the body [for burial] near [the time of] reading the Shema‘, unless it is an hour before.⁷

footnotes: ⁷ V and H add ‘or they postpone it for an hour’ which GRA deletes.

⁸ Once the bearers of the bier have carried [the body] out—such as are before the bier⁹ and such as are behind it¹⁰—those who are before the bier, whose services are still needed, are exempt from reading the Shema‘ and are forbidden¹¹ and, permitted to wear shoes’. to wear shoes. All alike are exempt from the Tefillah and from putting on the tefillin.

footnotes: ⁸ Cf. Ber. 17b (Sonc. ed., p. 106). ⁹ Awaiting their turn to relieve the bearers. ¹⁰ These have already carried the coffin and so have done their duty. ¹¹ V has ‘permitted’; but GRA emends: ‘are forbidden to wear shoes; but as for those who are behind the bier whose services are no longer required, they are obliged to read the Shema‘

¹² Having buried the dead and returned [from the graveside], if they are able to begin and complete [the reading of the Shema‘] before arriving at the row,¹³ they read¹⁴ it and afterwards stand in the row; but if not, they stand in the row and afterwards read [the Shema‘] and the Tefillah.

footnotes: ¹² Ber. loc. cit. ¹³ To offer condolence to the mourners. ¹⁴ The text is corrupt, and the translation follows the reading of GRA and H.

¹⁵ The inner row [of the comforters] who can see the mourners is exempt [from reading the Shema‘], but the outer row is under the obligation. R. Judah said: Even if there be [only] one row, those who stand for the sake of [comforting] the mourner are exempt, but those who stand for the sake of [their own] honour¹⁶ reads ‘for their own purposes’, i.e. to see the crowd. [are under the obligation].¹⁷ If they came to the memorial address,¹⁸ those who can see the mourners are exempt and those who cannot see them are under the obligation.

footnotes: ¹⁵ Cf. Ber. 19b (Sonc. ed., p. 117). ¹⁶ Ber. loc. cit. ¹⁷ The words in brackets are added by H. ¹⁸ So H; GRA reads ‘to comfort’. The word in V is corrupt.

R. Simeon b. Eleazar said: Rabban Gamaliel had a borrowed grave¹⁹ in Jabneh where they brought the dead and locked the door behind it. Men came, stood in the row and comforted the mourners and the public was thereby exempt [from this duty]. Later [the bodies] were conveyed to Jerusalem [for burial].

footnotes: ¹⁹ It is not mentioned elsewhere in Rabbinic literature and what it denotes is uncertain. It probably means a sepulchre owned by Rabban Gamaliel which was lent for the purpose described when it was required.

After [the tomb] was closed with the top stone, [the mourner] muffles his head.²⁰ Should he take his stand in the row,²¹ he unmuffles his head and exempts others [from standing in the row for him]. When he leaves the row he muffles his head. After he has entered his house, should others come to comfort him, he unmuffles his head and exempts them.

footnotes: ²⁰ As a sign of mourning; cf. M.Ḳ. 15a (Sonc. ed., p. 88). ²¹ When present at another funeral before returning home.

²² When a Sage or a disciple suffers bereavement, people come and sit down before him and discuss the laws relating to mourners. Should they make a mistake he corrects them in a low tone, but he does not ask questions.²³ If he so desire he may speak personally to them, and if not he appoints someone to be his spokesman. It is related that when his son died, R. Judah appointed someone to be his spokesman. It is related that when his son died, R. Jose the Galilean appointed someone to be his spokesman. It is related that when his son died, R. ‘Aḳiba continued his discourse all the day.²⁴ The same is also reported of Rabbi [Judah the Prince]; he continued his discourse all the day.

footnotes: ²² This is Rule 11 in H. ²³ On the laws of mourning, because that would be studying Torah which is forbidden to a mourner. ²⁴ Cf. above VIII, 13ff.

²⁵ In the first week a mourner does not enter the Synagogue; in the second week he enters but does not sit in his [usual] place; in the third week he enters and sits in his [usual] place but does not speak; in the fourth week he is like any other person. R. Simeon said: In the first week²⁶ people come up to him to comfort him; the second week is treated like the first, the third like the second, and in the fourth week he is like any other person. R. Meir said: In the first and second week he does not enter the Synagogue, in the third he enters and sits in his [usual] place, and in the fourth he is like any other person. To what does this apply? To a Synagogue, but as for a House of Study he may enter it even in the first week.

footnotes: ²⁵ Cf. M.Ḳ. 23a (Sonc. ed., p. 144). This is Rule 12 in H. ²⁶ V adds in brackets ‘and the second week’.

²⁷On the Sabbath-eve at dusk he unmuffles his head; at the termination of the Sabbath he muffles it again. On the Sabbath-eve at dusk he turns back [the garment which is] rent; at the termination of the Sabbath he turns it to the front.

footnotes: ²⁷ This paragraph is Rule 10 in H in a fuller form.

²⁸ When a Sage dies, his Beth Hammidrash goes into vacation and all the others change their place. When an ’Ab Beth Din dies, all the other Houses of Study in his city go into vacation and the others change their place. When a Nasi’ dies, all the Houses of Study go into vacation; people do not walk about in the street but enter [their homes] and sit in silence overcome by distress like men without a leader. When the time of rising arrives, they stand up and reduce their affairs to a minimum. The people of the Synagogue enter the Synagogue [on the Sabbath] and seven persons read the weekly portion of the Torah and go away.

footnotes: ²⁸ This is Rule 13 in H. The text here is in disorder and the translation follows the emendation of GRA; cf. M.Ḳ. 22b (Sonc. ed., p. 144).

²⁹ Neither Halakah nor ’Aggada should be expounded in the Beth Hammidrash of a mourner. Should a question be raised, they begin with the laws relating to mourners, pass on to other themes and revert to and end with the laws relating to mourners. ³⁰R. Ḥanina b. Gamaliel said: We may discourse upon an aggadic theme in the Beth Hammidrash of a mourner. In Judea they greeted mourners [on the Sabbath] on their entry and departure to indicate that there is no mourning on the Sabbath.

footnotes: ²⁹ Cf. M.Ḳ. 23a (Sonc. ed., p. 144). This is Rule 14 in H. ³⁰ This is Rule 15 in H in a different form.