יורה דעה ש״פYoreh De'ah 380

Se’if 1א׳

אֵלוּ דְּבָרִים שֶׁהָאָבֵל אָסוּר בָּהֶם: בִּמְלָאכָה, בִּרְחִיצָה וְסִיכָה וּנְעִילַת הַסַנְדָּל וְתַשְׁמִישׁ הַמִּטָּה, וְאָסוּר לִקְרוֹת בַּתּוֹרָה, וְאָסוּר בִּשְׁאֵלַת שָׁלוֹם וּבִכְבִיסָה, וְחַיָּב בַּעֲטִיפַת הָרֹאשׁ וּבִכְפִיַּת הַמִּטָּה, כָּל שִׁבְעָה, וְאָסוּר לְהַנִּיחַ תְּפִלִין בַּיּוֹם הָרִאשׁוֹן, וְאָסוּר בְּגִהוּץ וּבְתִסְפֹּרֶת וְשִׂמְחָה וְאִחוּי קֶרַע כָּל ל' יוֹם וְכָל דִּבְרֵי אֲבֵלוּת נוֹהֲגִין בֵּין בַּיּוֹם בֵּין בַּלַּיְלָה (בִּתְשׁוּבַת הָרַשְׁבָּ"א סִימָן תמ"ו).

The following are the things forbidden to the mourner:1M.K. 15a-b; ibid. 21a and Tosaf. s.v. אלו. In this chapter the question of work with respect to the mourner is explained. [He is forbidden] to engage in work,2Derived from, ‘I shall turn your feasts into mourning’ (Amos VIII, 10), whence it is inferred that just as it is forbidden to do work during a Festival, so too, is it forbidden to do work during mourning (ibid. 15b). to bathe,3Infra § 38 to annoint himself,3Infra § 38 to put on sandals [or shoes],4Infra § 382. to have marital intercourse;5Lit. ‘use of the conjugal couch.’ Infra § 383. he is forbidden to read the Pentateuch;6Infra § 384. he is forbidden to greet one 'with peace,'7Infra § 385. to wash [his garments],8Infra § 389. and he is dutibound to muffle his head9Infra § 386. and to invert his couch10Infra § 387. throughout the seven [days of mourning]; and he is forbidden to put on Tefillin11 Glos. on the first day [of mourning];12Infra § 388. and he is forbidden to don laundried garments,8Infra § 389. to cut his hair,13Infra § 390. to rejoice14Infra § 39 and to resew a rent during the whole of the thirty days [of mourning].15Supra § 340, 14. And all matters pertaining to mourning rites apply both during the day and during the night.16RaShBA Resp. s. 446 — G.

Se’if 2ב׳

מְלָאכָה כֵּיצַד, כָּל ג' יָמִים הָרִאשׁוֹנִים אָסוּר בִּמְלָאכָה, אֲפִלוּ עָנִי הַמִּתְפַּרְנֵס מִן הַצְּדָקָה; מִכָּאן וָאֵילָךְ, אִם הוּא עָנִי וְאֵין לוֹ מַה יֹאכַל, עוֹשֶׂה בְּצִנְעָא בְּתוֹךְ בֵּיתוֹ, וְאִשָּׁה טוֹוָה בַּפֶּלֶךְ בְּתוֹךְ בֵּיתָהּ, אֲבָל אָמְרוּ חֲכָמִים: תָּבֹא מְאֵרָה לִשְׁכֵנָיו שֶׁהִצְרִיכוּהוּ לְכָךְ. כְּדֶרֶךְ שֶׁמֻּתָּר לִכְתֹּב בְּחֹל הַמּוֹעֵד, כָּךְ מֻתָּר לִכְתֹּב בִּימֵי אֶבְלוֹ; אֲבָל לֹא בְּעִנְיָן אַחֵר (כָּל בּוֹ בְּשֵׁם הר"מ וב"י סוֹף סִימָן זֶה).

In what respect [is a mourner forbidden to engage] in work?17M.K. 21b. — During the whole of the first three days he is forbidden [to engage] in work, even [if he is] a poor man who is supported from charity;18Y.M.K. III, 5(82b) in accord with the dictum of Bar Kappara which is in agreement with M.K. ibid., contra the first opinion recorded in Y. ibid., according to which only the first two days are forbidden. T.H. thereafter, if he is a poor man and he has naught to eat,19M.K. ibid., Tosaf. s.v. מכאן; ibid. a, Tosaf. s.v. אלו; Sem(H). VI, 6; Yad, Ebel V, 8. Y. ibid. offers the reason for the three day period, ‘The soul hovers over the body for three days, thinking that it will return into the body, but as soon as it sees that the facial features have changed, it abandons the body and leaves.’ also Y.Yeb. XVI, 3(15c) bot.; Gen. R. C, 7; Lev. R. XVIII, 1 and cf. Shab. 152a. R. Yeruḥam citing RaBaD explains that since three days are required for weeping (M.K. 27b), engaging in work would cause the mourner to relax in his weeping rites. he does [his work] in privacy in his house;20There is, however, one opinion (R. Samuel in Tosaf. ibid. 21b, s.v. מכאן) that after three days, even one who is not a poor man may engage in work at his home. But the majority of the Codifiers rule in accordance with the ruling recorded here by Caro (v. Sem(H). beg.). and a woman plies the spindle in her house;21One is permitted to do work privately only of an accidental nature. However, if this is insufficient for one’s needs, even permanent work may be done privately (Tur) — ShaK. but the Sages said, 'May a curse22e., poverty. come upon his neighbours, who, [by not providing his maintenance] were the cause of his need to thus [engage in work].'23Y.M.K. III, 5(82b). But if the mourner refuses to accept and desires to engage in work in order to earn his livelihood, the neighbours are not held responsible — A.H. In the case of a poor man who does not receive any maintenance from the charity fund, or in a case where it is impossible for the neighbours to support him, he may do even skilled work on the first day, provided this is done in privacy — A.H. In the manner that one is permitted to write on Hol ha-Moed,11 Glos. so is [the mourner] permitted to write during his mourning, but not in any other way.24Kol Bo on the authority of R. Meir of Rothenberg and Caro in present chapter — G. Regarding writing on Ḥol ha-Moed, v. O.H. § 545. This refers to the כתב משיטא, the ordinary handwriting of Rashi or the one we use today, not the printed square characters. In the case where a loss is involved, the כתב משיטא may be used without restrictions — Me’ore Or. Isserles’ comparison between Ḥol ha-Moed and mourning rites with respect to writing, refers only to an individual who is a professional scribe and earns his living thereby, and should be understood thus: Just as one who makes a living from writing scrolls, Tefillin or Mezuzoth is forbidden to write on Ḥol ha-Moed, unless he has naught to eat in which case he is permitted, so also, does the same law apply to a scribe who is a mourner — A.H. A professional scribe who is a mourner is permitted to be employed to write a divorce (if no other scribe is available), for there is apprehension lest the husband change his mind. Hence, in order to avoid the eventuality of the woman becoming a deserted wife (עגונה i.e., she remains tied to her husband and cannot remarry), the scribe is permitted to write the divorce, for this falls into the category of cases ‘where the public needs him’ — Ha-Elef Leka Shelomo. On the same principle, the scribe is permitted to repair a Torah scroll — Sh.M.B.

Se’if 3ג׳

ג כְּשֵׁם שֶׁהוּא אָסוּר בַּעֲשִׂיַּת מְלָאכָה, כָּךְ הוּא אָסוּר לִשָּׂא וְלִתֵּן בִּסְחוֹרָה, וְלֵילֵךְ מִמְּדִינָה לִמְדִינָה בִּסְחוֹרָה.

Just as he is forbidden to do work [during mourning] even so is he forbidden to engage in business or to go from one town to another with [his] wares.25Y.M.K. III, 8(83d) ; Yad, Ebel. V, 7; ibid. VI, 8 and v. infra par. 21.