1)Why does the baraisa say an onen can't wear tefilin,say shema, and daven, and then it says that he can't do all the mitzvos in the torah. Why not does say straight out that he can't do all the mitzvos in the Torah without enumerating these three since they are also mitzvos in the Torah.
2)Why does the baraissa say "...all mitzvos IN THE TORAH" where are else are the mitzvos located. The baraissa could have just said "...all mitzvos" and stop there.
Shmuel Yisroel Moskowitz, Forest Hills NY USA
(1) A similar question to yours is asked by TOSFOS, BERACHOS 14b DH UMI'KOL. The Gemara there says that someone who is digging a grave for a "Meis" is exempt from Shema, Tefilah, Tefilin and all the Mitzvos in the Torah. Tosfos asks why is it is necessary to list Shema because surely it is included in all the Mitzvos of the Torah? Tosfos answers that if Shema would not have been stated explicitly, one would have thought that he is only exempt from Mitzvos which have no specific time but in contrast Shema, which has a time-limit, must be said before the time expires. Therefore the Mitzvah of Shema (and similarly of Tefilah which also has a time-limit, and Tefilin which can only be worn during the day) is singled out to stress that even though the gravedigger misses today's Mitzvah of Shema irretrievably, nevertheless he is exempt. The same logic applied to the gravedigger can also be applied to the Onen in our Gemara.
(2) Possibly the Gemara says "all the Mitzvos of the Torah" because otherwise one might have thought that the Onen is only exempt from Rabinical Mitzvos, because the Rabanan wanted him to occupy himself with making sure the burial was conducted properly and therefore they waived aside their Mitzvos. But one might have thought that Chazal did not have the power to exempt him from Torah Mitzvos. Therefore the Gemara stresses that he is even exempt from d'Oraisa Mitzvos.
KOL TUV
D. Bloom
Here are some more explanations from Rishonim why Shema, Tefilah and Tefilin are singled out from all the Mitzvos.
(a) First of all, it should be pointed out that there are different texts in MISHNAH BERACHOS 17b, in which Sugya our Beraisa is also quoted. The text of RIF (BERACHOS 10a, in his pages) is "Someone whose dead relative is laid out in front of him, is exempt from reading Shema, from Tefilah and from Tefilin" i.e. it does not read that he is exempt also from "all the Mitzvos of the Torah".
RABEINU YONAH (BERACHOS 10b in Rif pages DH VE-AL) writes that even though the text in the Mishnah only includes these 3 Mitzvos, nevertheless the Onen is in fact exempt from all Mitzvos. The reason that the Mishnah mentions these Mitzvos is because these are specially important Mitzvos, because they involve the acceptance of the yolk of the Kingdom of Heaven. (This yolk is accepted by saying Shema, which is only acceptable if one is also wearing Tefilin, and in addition one must daven Shemoneh Esrei whilst wearing Tefilin.) Once one knows that the Onen is exempt from these especially significant Mitzvos it is obvious that he is exempt from all other Mitzvos and does not need to be stated.
MA'ADANEI YOM TOV (beginning of ROSH on chapter 3, #1) writes that according to our text also, which does state "from all the Mitzvos of the Torah", one can also use R. Yonah's reasoning and say that the reason it would not have been sufficient for the Mishnah to say that the Onen is exempt from all the Mitzvos of the Torah, is because one would have thought that he is exempt from everything apart from these 3 especially severe Mitzvos.
I have found a strong reason why it is necessary for the Beraisa to stress that the Onen is not only exempt from Mitzvos derabonon but even from Mitzvos deoraisa.
This is because many Poskim maintain that the fact an Onen is exempt from all Mitzvos is only a din derabonon. This is stated by ROSH MOED KATAN 3:3 in the name of RI. Even though Gemara Berachos 16b states that the verse (Amos 8:10) "The aftermath is a bitter day" teaches that Aninus on the day of decease is deoraisa, nevertheless mideoraisa the Onen is only forbidden to eat Kodashim or Ma'aser Sheni. Rosh writes that in addition the Chachamim were stringent to make the Onen forbidden in the matters mentioned in Berachos 17b (i.e. the things mentioned in our Gemara) as long as the Meis has not yet been buried.
One sees from Rosh that the fact that an Onen is exempt from Mitzvos is only miderabonon. (See SEFER MAFTEACH to FRANKEL RAMBAM OVEL 3:10 DH ANINUS who cites many Poskim who agree with Rosh). Therefore it is a big Chidush that Chazal were able to exempt him from Mitzvos deoraisa. One has to say that Chazal have the power to uproot a Mitzvah from the Torah through "Shev Ve-al Ta'aseh"- passively (see Yevamos 89b TOSFOS DH KIVAN). This is why the Gemara stresses that even though the Mitzvos are stated in the Torah, nevertheless the Onen is exempt from them.
KOL TUV
D. Bloom