Aveilut on Yom Tov

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If a relative passes away on Yom Tov the aveilut only begins after the holiday. The Shiva begins on the second day of Yom Tov and the Shloshim is counted from the time of the burial. [1]

Aninut on Yom Tov or Chol Hamoed

  1. If a person's relative dies on Chol Hamoed he is in the state of aninut.[2]
  2. If a person's relative dies on Yom Tov and even the second day of Yom Tov since he doesn't plan to do the burial on Yom Tov he isn't in the state of aninut. [3]

Aveilut on Yom Tov

  1. If someone's relative died during a Yom Tov or Chol Hamoed, Yom Tov doesn't cancel shiva rather aveilut is observed privately on Yom Tov and Chol Hamoed and shiva is actively observed after the Yom Tov and Chol Hamoed.[4]
    1. For example, if someone's relative died on the 3rd day of Chol Hamoed Pesach, private aveilut begins after the burial, the shiva begins after Pesach, and shloshim begins immediately.[5]
  2. If someone's relative died during a Yom Tov or Chol Hamoed, even though the shiva doesn't start until after the Yom Tov and Chol Hamoed, shloshim does start.[6]
  3. If someone is in shloshim on Yom Tov he must observe the laws of shloshim such as not cutting his nails, wearing newly ironed white clothing, or joining in meals with friends.[7]

Private Aveilut on Yom Tov

  1. If someone is in aveilut on Yom Tov, tashmish and bathing are forbidden. Some say that learning torah is permitted even though it is usually forbidden during shiva.[8] He should wear normal Yom Tov clothing and not change his seat in shul.[9]
  2. It is permitted to get an aliyah on simchat torah otherwise it would be considered a display of public mourning on yom tov.[10]

Aveilut on Second Day of Yom Tov

  1. If a person died on the second day of Yom Tov and they did the burial that day the minhag is that no aveilut is observed that day.[11]
  2. If a person's relative died on the second day of Rosh Hashana and they did the burial that day aveilut is not observed that day.[12] The practice today is not to do burials on the second day of Yom Tov.[13]

Laws of the Delayed Shiva

  1. If shiva began after the Yom Tov then after seven days passed from the day of the death it is permitted to have work done by other people even though normally that is forbidden during shiva.[14]
  2. If burial occurred on Chol Hamoed if there is a loss the mourner can do melacha himself and if there's no loss the mourner can have others do melacha outside of his house.[15]
  3. Outside Israel, if shiva is pushed off until after Yom Tov it is only observed for six days after Yom Tov since the second day of Yom Tov counts towards the shiva even though we don't observe Aveilut on Yom Tov.[16] Even the second day of Rosh Hashana counts towards the aveilut.[17]

Sources

  1. Gemara Moed Katan 14b, Shulchan Aruch OC 548:1
  2. Shulchan Aruch OC 548:5
  3. Shulchan Aruch OC 548:5, Igrot Moshe YD 3:161
  4. Shulchan Aruch YD 399:1-2, Shulchan Aruch OC 548:1
  5. Shulchan Aruch YD 399:1-2
  6. Shulchan Aruch OC 548:1
  7. Shulchan Aruch YD 399:1
  8. Shulchan Aruch OC 548:4. Mishna Brurah 548:16 explains that private aveilut on Yom Tov includes not bathing and tashmish. Pitchei Teshuva YD 399:1 quotes the Daat Esh 7 who permits learning Torah on Yom Tov when aveilut is observed privately since the reason a mourner can't learn is because he should be sad and Torah gladdens a person, however, on Yom Tov there is a mitzvah to be happy. Mishna Brurah 548:16 quotes it as a dispute whether learning is permitted. However, Mishna Brurah writes that it isn't correct for the mourner to get an aliya when he's observing aveilut privately on Yom Tov.
    • The Rosh Moed Katan 3:36 establishes that even though tashmish is forbidden on Yom Tov when he is mourning, yichud is permitted. Rama YD 399:2 codifies the Rosh.
  9. Mishna Brurah 548:15
  10. Gesher Hachaim 1:23:3:7
  11. Bahag Hilchot Avel writes that since the second day of Yom Tov is only rabbinic and the first day of aveilut is biblical if they do the burial on the second day of Yom Tov aveilut is observed that day. This is also the opinion of the Rif Moed Katan 11b and Rambam Aveilut 10:9. Tosfot Brachot 48b argue that even if aveilut is biblical still the individual's mitzvah doesn't override the mitzvah of simcha on Yom Tov which applies to everyone. Furthermore, Tosfot Moed Katan 14b writes that aveilut is only rabbinic. Therefore, Rosh Moed Katan 3:3 and 27 argues with the Bahag that since aveilut is only rabbinic it is not observed on the second day of Yom Tov. Shulchan Aruch OC 548:3 writes that the halacha follows the Rambam and Rif but in Shulchan Aruch YD 399:13 he writes that the minhag is like the Rosh. Rama OC 548:3 and Rama YD 399:13 follows the Rosh.
  12. Shulchan Aruch YD 399:13. Rambam Aveilut 10:10 writes that since Rosh Hashana is considered one long day (Beitzah 4b) there is no aveilut on the second day of Rosh Hashana even if the death and burial is on that day. However, the Ramban (Torat Haadam p. 222) argues that since the second day of Rosh Hashana is only rabbinic it should be no different than another Yom Tov Sheni.
  13. Igrot Moshe OC 3:76
  14. Shulchan Aruch YD 399:2, Shulchan Aruch OC 548:6
  15. Rabbenu Yerucham (cited by Bet Yosef 399:2), Rama 399:2
  16. Shulchan Aruch YD 399:2, Shulchan Aruch OC 548:2. Bahag Hilchot Avel writes that since the second day of Yom Tov is only rabbinic it counts towards the shiva even though we don't observe aveilut on that day. Rosh Moed Katan 3:3, Rif Moed Katan 11b, and Rambam Aveilut 10:9 agree.
  17. Mishna Brurah 548:8.