Shulchan Arukh Yoreh De'ah · Siman 403

Shulchan Arukh Yoreh De'ah 403 — English translation

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

1. 1One who collects his father's [or his mother's] bones or [the bones] of other near-of-kin for whom one observes mourning rites, in T.H. Thus also Asheri M.K. I, derived from Sem(H). XII, 7 in accord with R. Akiba. mourns for them all day in [that he observes] all matters which apply to a mourner, [viz.,] by over-turning the couch, muffling the head, [by debarring himself from] wearing shoes, [from] using the conjugal couch, [from] bathing and annointing himself. in T.H. ; Asheri and R. Yeruḥam . However, in the evening one does not observe mouring rites for them, even if he had them by him tied up in a sheet. s.v. ולערב . Rashi ( ibid. ) explains that this means even if he himself did not collect the bones and did not see them, mourning still obtains for one day. [If] he was standing and collecting [the bones] and night fell, he is permitted [the aforementioned matters which are forbidden to a mourner], on the following day. Therefore, one should not collect them close to nightfall so that it should not turn out that he observed no mourning rites for the collection of his father's [or mother's] bones. Aninuth § 34 does not [ take effect ] in [ the case of ] a collection of bones [ for final burial ]; (v. supra § 341), but mourning becomes effective forthwith, even prior to the final burial of the collected bones. supra § 375, 7. A Kohen is forbidden to collect the bones of his father lest the corpse is defective, in which case he is for-bidden to defile himself for him (v. supra § 373, 9) — ShaK, Derisha . only mourning rites become effective forthwith . on the authority of Asheri — G.
2. 2Whosoever rends [garments] for him at the time of his death, rends [garments] for him at the time of [his] bone-collection; and every [rent] which is not resewn at the time of his death, is not resewn at the time of [his] bone-collection. and Asheri.
3. 3[With respect to] bones [which are collected for final burial], one does not stand for them in the line [of comforters], but one says words of comfort on their own account. One does not provide the mourner's meal for them in the town-group, § 355 and notes. Sem. has, ‘One does not go up for them etc.’ but one provides the mourner's meal for them in his house. in T.H.; Asheri. Cf. also Sem(H). XI, 2; ibid. Int. II, 11, pp. 46-47. One does not recite for them lamentations and elegies, but one says for them [words of] praise, XII, 6-8; Alfasi; N in T.H.; Asheri. [i.e.,] the praise of the departed [ whose bones were collected ] and one praises the Lord who puts to death and makes alive . — G.
4. 4One may not collect his father's [or mother's] bones on [ Hol -] ha-Moed , and needless to say, the bones of other near-of-kin. XI, 3 derived from Mishna M.K. 8a in accord with R. Jose, for the principle is that wherever there is a difference of opinion between R. Meir (who permits this, ibid. ) and R. Jose, we rule in accord with R. Jose. The Mishna ibid. adds, ‘for it is an occasion of mourning for him.’
5. 5One who heard that today they collected the bones of his near-of-kin for whom he observes mourning rites, — although he was not [present] there, — observes mourning rites for them. in accord with R. Ḥaggai. A woman whose husband died and she remarried and subsequently the bones of her first husband were collected for final burial, is not required to observe mourning rites for him on the day that his bones are collected, for her second marriage releases her from her previous relationship — P.Tesh. Cf. supra § 362, n. 16. But if he heard that [ the bones ] were collected yesterday, he does not observe mourning rites for them . on the authority of Y. — G.
6. 6One must not take apart the [collected] bones nor sever the sinews.
7. 7A collection of bones [for final burial] is made only after the flesh has become decomposed; [for] once the flesh is decomposed, the shape of the corpse is no longer discernible through the bones. § 375, Therefore, one may collect by himself his father's and mother's bones. Yet, it is [more] proper that one should not collect them by himself. [This is derived] from that [which is related] about R. Eliezer b. Ẓadok [as stated] anon.
8. 8A person may collect the bones of two corpses at one time, [viz., he places the bones of one corpse] at the end of [his] epikarsion § 340, n. 59. on one side, and [the bones of another corpse] at the [other] end of the [same] epikarsion § 340, n. 59. on the other side. These are the words of R. Joḥanan b. Nuri. R. Akiba says, eventually the epikarsion will rot and it will turn out that the bones of two corpses will be mixed up [which is forbidden]; [therefore], one should rather collect and place [the bones of] each one separately in a coffin of cedar wood. Said R. Eliezer b. Ẓadok, — thus said my father to me at the time of his death, — 'At first bury me in a depression par. 1, n. 1; § 363, 4; § 362, n. 3. and later [after the flesh is decomposed] collect my bones and place them in [a coffin] of cedar wood and do not collect them yourself, who asks why R. Eliezer b. Zadok stated on the authority of his father not to collect the bones himself. In any case this was impossible since he was a Kohen? (v. supra par. 1, n. 9). however, Ya’abeẓ, Toledoth Yisrael VI, pp. 281-282. so that they do not become reprehensible to you'.
9. 9One who collects bones [for final burial] and one who guards the corpse and the one who carries them from place to place is exempt from the reading of the Shema , § 341. from Tefillah , § 341. from Tefillin § 341. and from all religious duties enjoined in the Torah, both during a weekday as well as during the Sabbath, and there is no difference whether [these are] the bones of near-of-kin or of strangers, both if he is in a boat or on the road, even if the collectors [of the bones] are many. (v. O.Ḥ. § 71, 4) — ShaK. Cf. also supra § 341, 6, n. 51. If one desires to place himself under greater stringencies [than the law requires] he should not do so out of deference [to the collected] bones. (v. O.Ḥ. § 71, 4) — ShaK. Cf. also supra § 341, 6, n. 51.
10. 10One who carries bones from place to place should not put them in a sack or saddle-bag and place them across [the back of] an ass and sit on them, because it is a disrespectful way of treating them; § 282, 3. The same would apply to one who transports the bones by any other means of conveyance — A.H. but if he throws it over his shoulder on the ass, it is all right. However, if he was afraid of robbers and rovers, it is permitted [to sit on them]. Gloss : [ R. Meir used to say, it is written, 'It is better to go to the house of mourning than to go to the house of feasting; for that is the end of all men ] and the living will lay it to heart' , [ viz. ,] matters pertaining to death; if one makes a lamentation, others will make a lamentation for him; if one helps at burial, others will bury him; if one carries [ the bier ], others will carry him; if one raises [ his voice in funereal lamentations ], others will raise [ their voice ] for him . Great is the peace that was given to the righteous, for when a righteous man departs [ this world ] three companies of ministering Angels extend to him a greeting of peace , and Kol Bo — G. and exclaim, 'He shall enter into peace' . ( And everyone that is written unto life shall be called holy ). 'HE WILL SWALLOW UP DEATH FOR EVER; AND THE LORD GOD, WILL WIPE AWAY TEARS FROM OFF ALL FACES'.

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