יורה דעה שמ״הYoreh De'ah 345

Se’if 1א׳

הַמְאַבֵּד עַצְמוֹ לָדַעַת, אֵין מִתְעַסְקִים עִמּוֹ לְכָל דָּבָר, וְאֵין מִתְאַבְּלִין עָלָיו, וְאֵין מַסְפִּידִין אוֹתוֹ, וְלֹא קוֹרְעִין וְלֹא חוֹלְצִין, אֲבָל עוֹמְדִין עָלָיו בְּשׁוּרָה וְאוֹמְרִים עָלָיו בִּרְכַּת אֲבֵלִים וְכָל דָּבָר שֶׁהוּא כָּבוֹד לַחַיִּים.

One who commits suicide wilfully is not attended to at all;1Lit. ‘in every respect.’ For it is written: ‘And surely your blood of your lives will I require’ (Gen. IX, 5), regarding which R. Eleazar remarked that it means, ‘I will require your blood if shed by yourselves’ (B.K. 91b). RaShBA writes that although the law is that we do not attend to one who commits suicide, nevertheless, this does not apply to burial and shrouds, but only to rending of garments and baring the shoulder in mourning — ShaK. and one does not mourn for him and no lamentation is made for him, nor does one rend [garments] or bare [the shoulder in mourning for him], but one stands for him in the line [of comforters], and one recites over him the mourners' blessing, and whatever [brings] honour [only] to the living [may be done].2Sem(H). II, Thus also Yad, Ebel I, 1 N holds that garments are rent for a suicide and that the passage in Sem. from which our ruling is derived refers to strangers only but not to near-of-kin — ShaK. In a case where the surviving members of the family of a suicide would suffer shame and humiliation, it is permitted to allow them to observe mourning rites — P.Tesh. If no doubts are entertained as to the commision of suicide, the law is that where there are other mourners present at the Synagogue services, the children of a suicidal case should not recite the Kaddish. But if any doubts exist as to whether the person really committed suicide, the children should recite the Kaddish — P.Tesh.

Se’if 2ב׳

אֵיזֶהוּ מְאַבֵּד עַצְמוֹ לָדַעַת, כְּגוֹן שֶׁאָמַר: הֲרֵי הוּא עוֹלֶה לְרֹאשׁ הַגַּג, וְרָאוּהוּ שֶׁעָלָה מִיָּד דֶּרֶךְ כַּעַס, אוֹ שֶׁהָיָה מֵצֵר, וְנָפַל וָמֵת, הֲרֵי זֶה בְּחֶזְקַת שֶׁאִבֵּד עַצְמוֹ לָדַעַת. אֲבָל אִם רָאוּהוּ חָנוּק וְתָלוּי בָּאִילָן, אוֹ הָרוּג וּמֻשְׁלָךְ עַל גַּבֵּי סֵיפוֹ, הֲרֵי הוּא בְּחֶזְקַת כָּל הַמֵּתִים, וּמִתְעַסְקִים עִמּוֹ וְאֵין מוֹנְעִין מִמֶּנּוּ דָּבָר. הַגָּה: מִי שֶׁגָּנַב וְגָזַל וְעַל יְדֵי זֶה נֶהֱרַג בְּדִין מַלְכוּת, מִתְאַבְּלִים עָלָיו, אִם אֵין בּוֹ סַכָּנָה מִפְּנֵי אֵימַת הַמַּלְכוּת, וְלֹא מִקְרֵי מְאַבֵּד לָדַעַת (מהרי"ו סִימָן קי"ד).

Who is [considered] a wilful suicide? — For example, if one stated that he is going up to the roof-top, and they saw him go up at once in anger; or he was in distress, and [then] fell down3By throwing himself down from the roof-top. and died, — [the law is that] such a person is presumed to have committed suicide wilfully. But if they discovered him4Sem. has ‘they found him.’ strangled and hung upon a tree, or [they found him] killed5 infra § 364, 4. and thrown upon his sword, he is presumed to be like all [other] dead,6For it may have been the result of an accident and unintentional. and they attend to him and withhold not from him anything.7Yad ibid., derived from Sem(H). II, 2-3. The following rules determine a suicidal case: a) The actual commission of suicide must be observed. A mere indication of suicide is not relied upon, unless the suicide’s previous actions clearly indicate such commision. b) It must be committed wilfully and clearheadedly. c) The expressed intention for such commision must be followed by the act proper. d) In the case of a person found hung, even if the surrounding circumstances lead one to believe that the person took his life, nevertheless, he is not considered a suicide — P.Tesh. If one was not seen going up to the roof-top to take his life in accord with his previous expressed intention, the law is that even if he was later found dead, he is not presumed to be a suicide (RaSHaL) — ShaK. supra c. Gloss: One who stole or robbed8The fact that stealing or robbing are punishable by death in no way indicates that the culprit, being aware of the outcome of his crime, may have committed suicide, for it is quite possible that he might have thought that he would not be caught. Nor is he regarded as one who dissociates himself from the practices of the community (v. infra par. 5). If a thief or a robber die a natural death, they are mourned for, provided they repented (supra § 340, 5 refers to one who did not repent) — ShaK., as a result of which was executed by government law,9Mord. states that mourning rites are not observed for one who was executed by the government on account of theft. Such a case should be considered as suicide. MaHaRIW (source of this gloss) opposes the ruling of Mord., and maintains that one executed by the government, should be mourned for and is not on an equal footing with a suicide. He holds that Mord. was misled by a corrupt text in Sem. San. 47b where a distinction is made between one executed by a Gentile government and one executed by the Beth Din. In the former case, where execution is not in accordance with Jewish Law, one obtains forgiveness, and should be mourned for; in the latter case death is justly meted out and one is not forgiven. Cf. D.M. and W.G. a.l. is to be mourned for, if no danger will [result] through him on account of the fear of the government;10 San. 11a; Sota 48b. Otherwise, mourning could be regarded as an act of provocation. One who threw himself into the river is not considered a suicide, for prior to drowning, he is cast about by the waves, and no doubt, before he drowns, he repents — G.Mah. One who murdered a fellow Jew and was exemuted by government law is mourned for — B.L.Y. One who takes his life in order to avoid being subjected by others to inhuman torture is not considered a suicide — B.L.Y. and he is not designated a wilful suicided.11MaHaRIW s. 114 — G.

Se’if 3ג׳

קָטָן הַמְאַבֵּד עַצְמוֹ לָדַעַת, חָשׁוּב כְּשֶׁלֹּא לָדַעַת. וְכֵן גָּדוֹל הַמְאַבֵּד עַצְמוֹ לָדַעַת, וְהוּא אָנוּס כְּשָׁאוּל הַמֶּלֶךְ, אֵין מוֹנְעִין מִמֶּנּוּ כָּל דָּבָר.

A minor who commits suicide wilfullly, is considered as though it were [done] unintentionally.12Sem(H). II, 4-5. Since he is of immature mind. The same is applicable to an imbecile — Tur. And likewise, one who was of age, and committed suicide wilfully, [being under pressure, as [in the case of] King Saul,13For whom suicide was permitted lest the Philistines torture him. Yeb. 78b: ‘“For Saul” (II Sam. XXI, 1) because he was not mourned for properly.’ also Gen. R. Noah XXXIV, 1 Thus also N and Asheri. On King Saul’s tragic death v. I Sam. — [the law is that] they withhold not from him a thing.