Shulchan Arukh Orach Chayim · Siman 526

Shulchan Arukh Orach Chayim 526 — English translation

Translation: Sefaria Community Translation. Section numbers match the Hebrew text above.

1. 11. The laws of death on a holiday, 12 Seifim: If a dead body is waiting to be buried on the first day of a holiday (a Jew should not busy himself with it, even if it will smell and it is possible to use non-Jews, but) non-Jews can busy themselves with it, even if he died that day (and see above chapter 304), and even if they can wait until the next day when it will smell. This is all referring to making the (grave), the coffin, and the shrouds. However, dressing him, heating water to purify him, and taking it out to put it in the grave is permitted even for a Jew. Rem"a: And it is best to be careful to purify him over a straw, leather, or wood, and not over sheets, lest one come to [transgress the prohibition of] wringing (Trumat Hadeshen chapter 82).
2. 2If somebody dies on the first day of a holiday, it is forbidden to let him rest until the second day so that Jews can deal with him.
3. 33. On Shabbat and Yom Kippur, not even non-Jews can deal with him, even by carrying him out by handing and putting him in a kuf (meaning, a plot) that was made the previous day.
4. 4On the second day of a holiday, even Rosh Hashana, Jews may deal with the corpse, even if it has not been sitting around. They may even cut myrtle from the ground, make him shrouds and a coffin, dig out a plot, heat water for purification, or cut his hair. If the city has no Jewish cemetery, we take him to another city that has Jewish plots, even outside of the techum. We rent a boat to take him from place to place. This is all because the second day of a holiday is Rabbinically equal to a weekday when it comes to death. Even if non-Jews can deal with him, Jews do. Rem"a: In Ashkenaz and these countries, we do not do this. Rather, inasmuch as non-Jews can make the grave, coffin, and shrouds, we have them do this. Everything else is done by Jews, as on the first day of the holiday. However, if it is not possible to have non-Jews do it, Jews are allowed to do everything (Mordechai, Laws of Mourning and Trumat Hadeshen chapter 82). [The list of allowed labors] does not include the dome that is made over the grave, which we do not build on a holiday. Rem"a: However, it is permitted to cover him with dirt as is done on a weekday (Beit Yosef), and we do not follow those who are stringent in this matter. This is restricted to cases where we want to bury him that day. However, if we do not want to bury him that day, we do not perform any prohibited labor for him, even using a non-Jew, but carrying is permitted. (the laws of saying the Shma and praying when one's immediate relative has died on the first or second day of a holiday can be found above in chapter 71 paragraph 2 and below in chapter 548 paragraph 5]].)
5. 5One who digs a grave on the second day of a holiday is permitted to receive payment.
6. 66. It is permitted to accompany a corpse on the first day of a holiday within the techum. On the second day of the holiday, it is allowed even outside of the techum. We then return that day. It is also permitted to bring back the digging tools that were brought outside of the techum.
7. 77. Those who accompany the dead are forbidden to ride on an animal, even on the second day of a holiday. this applies even to the mourners and the ones who bury. If this is impossible, we permit them to ride on an animal on the second day of a holiday.
8. 88. If the residents of one city find out that a Jew died four or five days away and cannot be buried, they are permitted to set out on the second day of the holiday to bury him quickly, even if they will not get there until after the holiday. Rem"a: It is permitted to bring a dead person on the second day of a holiday from outside of the techum to the city in order to bury him in a Jewish cemetery, even if it is possible to bury him where he is (Beit Yosef in the name of the responsa of the Rashb"a).
9. 99. If an infant died in its first thirty days and it had grown hair and nails, it is considered a child that will endure. It is treated like an dead adult, even if we do not know if it was brought fully to term, because most women give birth to children that will endure.
10. 1010. Those who have the practice to remove fetuses' foreskin with a rock or reed are prohibited from doing so even on the second day of a holiday. Rem"a: It is prohibited to bury it that day. Rather, we wait until tomorrow (Beit Yosef).
11. 11We do not tear for the dead, even on the second day of a holiday. This applies even to immediate relatives.
12. 1212. When somebody dies on the second night of a holiday, we wake up early and bury him before prayers. When somebody dies during the day, we bury him after eating. Rem"a: The laws of Tziduk Hadin on a holiday are found in Yoreah Deah chapter 401 paragraph 6.

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