Shulchan Arukh Yoreh De'ah · Siman 400

Shulchan Arukh Yoreh De'ah 400 — English translation

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

1. 1The Sabbath does not interrupt the mourning and enters into the counting of the seven [days], s.v. מאן דאמר end. for some of the laws of mourning are observed therein, viz., matters of privacy, as the use of the conjugal couch and bathing, but matters that affect public mourning [ one does ] not [ observe ]. [Hence, he should] remove the mourner's wrapping, and other commentators who accept Samuel’s ruling, for R. Naḥman and R. Joḥanan ( ibid. ) concur with him, contra Tosaf. ibid. s.v. שמואל . and [ this applies ] only if he [ the mourner ] is wrapped up in a covering of Ishmaelites as was explained supra § 386, but [ if ] only [ wrapped in ] part of a covering, which is the practice in some localities for the entire thirty [ days ], he is not required to remove [ it ] on the Sabbath, since he has shoes on his feet ; s. 5 — Wearing shoes is sufficient evidence that he is not observing mourning rites. and [he must] put on his shoes citing Asheri in his Decisions , since nowadays it is no longer customary to go barefooted. At the termination of the Sabbath he removes them. It is wrong on the part of some people to terminate the mourning rites on Friday after midday, but the mourner must observe mourning rites on Friday until two and a half hours prior to nightfall. An hour refers to one twelfth of the day which begins with sunrise and ends with sunset — Codifiers. and put up the couch from its overturned [position], in accord with the dictum of Samuel. and he should not wear a rent garment, but changes it; and if he has no [garment] to change [into], he turns the rent side [of his garment front] to back. [With respect to] the study of Torah, it is [regarded] as a matter pertaining to private [mourning]. citing Asheri in his Decisions. So also Hag. Maim. to Yad, Ebel IV citing R. Meir of Rothenberg . However, to review the [weekly Biblical] portion, — [the law is that] since a person is dutibound to complete [the weekly Biblical] portion with the Congregation,) once (v. Ber. ibid. ) it is also permitted — ShaK. A mourner whose son’s circumcision takes place on the Sabbath, may be called to the reading of the Torah — P.Tesh. contra Ta Z. Likewise, if the mourner is observing Yahrzeit on the Sabbath, he may be called to the reading of the Torah. he is [regarded] as one who reads the Shema , and is permitted. If the mourner was called to the reading of the Torah, he is required to go up, for should he refrain [from so doing], it would be [regarded as] a matter of public [mourning, which is forbidden on the Sabbath]. R.Tam would always be called [to the reading of the Torah on the Sabbath as] third, and [when] mourning [once] befell him and the Hazzan did not call him [as usual], he went up of his own accord and stated [that since] he was accustomed to be called as third on every Sabbath, one who notices that he does not go up [now] will say that on account of mourning he refrained [from going up] and [consequently], this would be regarded as a matter pertaining to public mourning [which is forbidden on the Sabbath]. Likewise, if the Kohen is a mourner, and there is no other Kohen in the Synagogue, it is permissible to call him [ to the reading of the Torah ], but otherwise it is forbidden . to Yad, Ebel III — G.
2. 2If a beast dragged him away or [there is a rumour that] robbers have murdered him, s.v. כשחל ; Mord. citing R. M. of Angleterre , quoted in B.Yos. § 403. and on the Sabbath the search [for him] was given up, § 375 and notes. — [the law is that] since he observes matters pertaining to private [mourning] on the Sabbath, it enters into [the counting] of one day § 402, 7) — ShaK. [of the seven days of mourning]. Gloss : If the thirtieth day of mourning fell on the Sabbath and the twenty-ninth day on the eve of the Sabbath, he is permitted to bathe on the eve of the Sabbath , § 399, 3 and notes. even in localities where it is customary not to bathe for the entire thirty [ days ], for since legally [ bathing ] is permissible after the seven [ days ], only that [ people ] have adopted a stringent view for the entire thirty [ days ], — in a case such as this, it is permissible out of respect to the Sabbath . citing R. Meir of Rothenberg to Yad, Ebel X; ibid. to Yad, Yom Tob VI — G. Hair-cutting and removing nails are, however, forbidden — D.Merb., A.H. Some authorities permit— P.Tesh. And likewise, anything similar to this, e.g. , [ it is permissible for him ] to return to his [ customary ] place in the Synagogue on the Sabbath night and to wear Sabbath garments, for this too, is merely a custom — G. as has been explained supra § 389 and § 390; and although a distinction may be drawn between bathing, which is forbidden on the Sabbath and these [ aforementioned ] matters which it is possible for him to do on the Sabbath, yet, it does not seem to me [ that there is a need for ] making such a distinction .

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