Shulchan Arukh Yoreh De'ah · Siman 367

Shulchan Arukh Yoreh De'ah 367 — English translation

Translation: Code of Hebrew Law by Chaim N. Denburg, Montreal, 1955. Section numbers match the Hebrew text above.

1. 1One buries the dead of the Gentiles and comforts their mourners in the interests of peace. § 335, 9. One must also participate in the funeral escort of the Gentile dead in the interests of peace, for the righteous among the nations have a share in the world to come (v. Tosef. San. XIII and cf. San. 105a) — B.Yos. Similarly, when one sees a Gentile dead passing by, he is dutibound to rise before him ( Kol Bo ) — B.Yos.
2. 2One may not walk on the cemetery or within four cubits of a corpse while [wearing] phylacteries on his head, on account of, 'Whoso mocketh the poor blasphemeth his Maker'. But if they are covered it is permitted. to O.Ḥ. § 23 and 45. also Ta Z to O.Ḥ. § 45, n.
3. 3One may not walk on the cemetery or within four cubits of a corpse or a grave while [holding] a Torah scroll in his arm and read in it, [nor] may one recite the Tefillah [there]. The same reason supra par. 2 applies here. Likewise, is it forbidden to recite [Biblical verses] orally [on the cemetery], s.v. וספר . unless it is for the honour of the dead as has been explained. § 344, 16 — G. Cf. also notes ibid. According to one opinion this refers to one who during lifetime was dutibound to perform these precepts, but not to a minor or a woman — P.Tesh. In times of distress where it is customary to go and pray at the graves of the righteous, it is forbidden to take along a Torah scroll — P.Tesh.
4. 4One is permitted to enter the cemetery, or within four cubits of a corpse or a grave [while] wearing Ẓizith , provided it Derived from the story about R. Ḥiyya and R. Jonathan in Ber. ibid. is not dragged along over the grave; Derived from the story about R. Ḥiyya and R. Jonathan in Ber. ibid. but if it is dragged along, it is forbidden on account of, 'Whoso mocketh the poor '. n. When does this apply? — only in their days when they used to attach Ẓizith to the garment which they wore for their personal need, but today, since we wear it only for the sake of the religious duty, and not for personal wear. However, the small Talith ( טלית קטן ) may be worn there, because it is covered up by other garments — Ta Z, ShaK. it is prohibited, even if they are not dragged along. on the authority of R. Jonah and v. Ber. ibid. Tosaf. s.v. למחר . And this is the case only if the Ẓizith are uncovered, but if they are covered, it is permitted. O.Ḥ. § 23, 1 for the same ruling.
5. 5Some follow the practice to tie together two Ẓizith from two corners [of the garment] when entering the cemetery, but they have profited nothing by their measure. to O.Ḥ. § 23 and Sh. Ar. ibid. par. 2. Derived from Men. 37b. Although two corners are tied together, the precept of Ẓiẓith does not become suspended thereby, for the knot is not a permanent one, since the intention is to untie the knot as soon as the cemetery grounds are left and the Ẓiẓith are regarded as spread out (v. O.Ḥ. § 10, 3). And even if the precept of Ẓiẓith is considered temporarily suspended, then later, when they are untied, the Ẓiẓith are invalid, for it would not be in keeping with the principle, ‘Thou shalt make’ (Deut. XXII, 12) which is explained that one must not use ( Ẓiẓith ) which are ready made ( תעשה ולא מן העשוי ) — Men. 33b. Thus B.Yos. and M.Abr.
6. 6As soon as one removes himself four cubits he may read [the Shema ] and recite the Tefillah even if he [still] sees the grave or the cemetery; and if there is a partition there, he is permitted [to read the Shema and recite the Tefillah ] behind the partition close by, even within four cubits of the grave. cited by B. Yos. ibid.

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