ZEVACHIM 100 (10 Av) - Dedicated by Rabbi Kornfeld's mother, Mrs. G. Kornfeld, in memory of her father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel loved Torah and worked to support it with, literally, his last ounce of strength. He passed away on 10 Av 5740.

1)

ONE WHO HEARD LATER THAT A RELATIVE DIED [Aveilus :Shemu'ah Kerovah]

(a)

Gemara

1.

(Beraisa): Yom Shemu'ah (the day that one hears that he lost a relative) is like Yom Kevurah (the day of burial) regarding Aveilus. From this day, we count Shiv'ah (seven days of severe Aveilus) and Sheloshim (30 days of lighter Aveilus).

2.

Mo'ed Katan 20a (Beraisa - R. Akiva): For a Shemu'ah Kerovah one observes Shiv'ah and Sheloshim. For a Shemu'ah Rechokah he observes only one day. Kerovah is when he heard within 30 days. Rechokah is when he heard after 30 days;

3.

Chachamim say, in either case, he observes Shiv'ah and Sheloshim.

4.

(Rabah bar bar Chanah): Whenever an individual is lenient and the Rabim are stringent, the Halachah follows the Rabim, except for here, for the Halachah follows the lenient opinion in Aveilus.

5.

Rav Chanina heard a Shemu'ah Rechokah that his father died. Rav Chisda ruled that he observes only one day of Aveilus. Rava ruled similarly for Rav Noson bar Ami.

6.

Question (Rav Noson - Beraisa): This applies to the other five relatives (a sibling, child or spouse), but for a parent, he observes Shiv'ah and Sheloshim.

7.

Answer (Rava): That is an individual's opinion. We do not hold like it;

8.

(Beraisa): R. Tzadok heard that his father died only three years afterwards. Elisha ben Avuyah and Chachamim with him said that he observes Shiv'ah and Sheloshim.

9.

When R. Chiya heard that his parents died, he removed his shoe and went to bathe;

10.

We learn from this that an Avel may not wear shoes, that a Shemu'ah Rechokah applies only one day, and that Miktzas ha'Yom k'Kulo (part of the day is like the entire day).

11.

(R. Ada - Beraisa): If one heard a Shemu'ah Kerovah on Shabbos, and on Motzei Shabbos it is Rechokah, he observes only one day.

12.

(R. Mani): He does not tear.

13.

(R. Chanina): He tears.

14.

Bechoros 49a (Rav Ashi): All agree that regarding Aveilus, day 30 is like the day Lefanav;

15.

(Shmuel): The Halachah follows the lenient opinion in Aveilus.

(b)

Rishonim

1.

Rif (Mo'ed Katan 12a): Bahag says that if one heard a Shemu'ah on day 30, he observes seven days of Aveilus and Sheloshim, as if he heard on day 29. Some say that it is as if he heard on day 31, and he observes only one day. They learn from Bechoros 49a, which says that regarding Aveilus, day 30 is like the day Lefanav, for Shmuel taught that the Halachah follows the lenient opinion in Aveilus. They hold that 'the day Lefanav' is the coming day, i.e. day 31. They learn from this to the day of Shemu'ah. This is a great mistake. Bechoros discusses a Nefel (miscarriage) that died on day 30. It is as if it died on day 29, like Bahag said; one does not mourn over it. Similarly, a Shemu'ah on day 30 is like a Shemu'ah on day 29.

2.

Rambam (Hilchos Aveilus 7:1): One who heard that a relative died, if it was within 30 days, even on the 30th day, this is a Shemu'ah Kerovah, and he must observe seven days of Aveilus from the day he heard. He tears and counts 30 days regarding cutting hair and the other matters. The general rule is, the day of a Shemu'ah Kerovah is like the day of burial. If he heard after 30 days, this is a Shemu'ah Rechokah. He observes only one day of Aveilus and does not tear. It is as if the day he hears is the seventh day and the 30th day, and Miktzas ha'Yom k'Kulo.

3.

Rosh (3:29): Havra'ah (others provide a mourner's first meal after the burial) and all laws of Aveilus apply to a Shemu'ah Kerovah. We learn from Rav Chisda that one observes only one day of Aveilus for a Shemu'ah Rechokah, even for a parent. The Ramban says that one who lost a parent may not cut his hair until his friends rebuke him, and may not iron until the festival comes and his friends rebuke him. The Isurim of going to the drinking house and She'elas (greeting with) Shalom apply for 12 months from the day of death, not from the day he heard. If he heard a Shemu'ah about his father after 12 months, he observes only one day. The Ramban asked what was the Chidush that an Avel may not wear shoes? If such Isurim do not apply to a Shemu'ah Rechokah, in what way does he fulfill one day of Aveilus?! He answered that the only law of Sheloshim that applies to a Shemu'ah Rechokah is not wearing shoes. He need not go home and invert the beds and wrap his head. R. Chiya only removed his shoes and went to bathe. If he is not wearing shoes, he must invert the beds or wrap his head. We require a blatant act of Aveilus. If he was working, bathing, anointing or learning Torah, and he heard a Shemu'ah Rechokah, he interrupts Sha'ah Achas (a short time) for the sake of Aveilus, and then resumes. In any case he was not Yotzei through the interruption until he does a recognizable act of Aveilus. Miktzas ha'Yom k'Kulo.

(c)

Poskim

1.

Shulchan Aruch (YD 402:1): If one heard that a relative died, if he heard within 30 days, even on the 30th day, this is a Shemu'ah Kerovah, and he must observe seven days of Aveilus from the day he heard. He tears and counts 30 days (Rema - from the day he heard) regarding cutting hair and other matters. The general rule is, the day of a Shemu'ah Kerovah is like the day of burial. If one heard after 30 days, he observes Aveilus only Sha'ah Achas. Likewise, if he heard at night and observes Aveilus Sha'ah Achas at night, he was Yotzei through this. This is even if he heard about his father and mother. This refers to Shiv'ah. Regarding Sheloshim, for a parent he refrains from cutting hair until his friends rebuke him, and from ironing until the festival comes and his friends rebuke him. The same applies to She'elas Shalom and going to the drinking house. We count from the day of death, and not from the day he heard. Therefore, if he heard about his father or mother after 12 months, he observes only one day even for Sheloshim.

i.

Beis Yosef (DH u'Mah she'Chosav v'Yom): The Rif refuted those who say that a Shemu'ah on day 30 is Rechokah. Also the Rambam and Ramban say that it is Kerovah.

ii.

Taz (2): 'Sheloshim' refers to matters that are forbidden for 30 days for other relatives, i.e. ironing and cutting hair. For a father, they are until his friends rebuke him. He counts from the day of death regarding things forbidden for 12 months.

iii.

R. Akiva Eiger: Poskim argue about whether rebuke within 30 days helps.

iv.

Bach (DH ha'Olam): The custom is that the Avel sits on the floor and removes his shoes after Havdalah. What is the reason? If one heard a Shemu'ah Kerovah on Shabbos that will become Rechokah after Shabbos, he must do an action of Aveilus (after Shabbos), like the Ramban says. He was not Yotzei with Aveilus of private matters on Shabbos. The same applies when Shabbos was the seventh day of Aveilus.

v.

Taz (4): 'One day' really means Sha'ah Achas. The Maharshal says that if one heard a Shemu'ah on day 29 on Shabbos, after Shabbos he observes Shiv'ah and Sheloshim. (If he heard on day 30 on Shabbos), after Shabbos he observes only one day. Even though he began on Shabbos, since it is not full Aveilus, for on Shabbos only private matters (e.g. relations) apply, therefore there is no decree of Aveilus after it. The Beis Yosef says so in the name of the Rashba. The Ramban holds that Miktzas ha'Yom k'Kulo does not apply to Aveilus of private matters on Shabbos, since he must observe some Aveilus after Shabbos. He cannot cease Aveilus and resume!

vi.

Shach (5): The Maharshal says that regarding Shemu'ah Kerovah, we count 30 days from the day of death.

vii.

Retraction (Nekudas ha'Kesef): The Maharshal learned from R. Yerucham. R. Yerucham says oppositely!

viii.

Even ha'Ozer: The Bach and Drishah rule like Maharshal. The Shach and Taz simply cite this to be the Halachah. This is astounding. The Rosh (3:56) and Mordechai (Mo'ed Katan 899) say that we measure Shemu'ah Rechokah from the day of burial, for the Chiyuv Aveilus was from the time of burial. Even though he did not know, he was an Avel. If he hears within 30 days, full Aveilus applies. If one drowned or was eaten by a Chayah, as long as they hope to bury him, it is as if the Mes is in front of him, and Aveilus does not begin. If they despair, this is like the day of burial. It starts Aveilus, also for one who heard that day, even if it is more than 30 days from the day of death. The Rosh discussed if day 29 was on Shabbos. If we count from the day of burial, this implies that the burial was on Shabbos! Rather, we must say that on Shabbos they despaired of burying him. The Yerushalmi says that this is considered the day of burial regarding Sheloshim.

ix.

Dagul me'Revavah: It seems that the Rosh holds that we count from the day of death. It is difficult to say that they despaired of burying him on Shabbos, and this is how day 29 was on Shabbos. However, also Mahari Veil says simply that we count from the day of burial.

x.

Gra (1): We learn from Mo'ed Katan 20b. We must say that the Shemu'ah that becomes Rechokah on Motzei Shabbos was day 30 on Shabbos. If it were day 29, surely he must observe Aveilus on Motzei Shabbos. It is difficult to say that the Gemara discusses only if he heard on Shabbos night. The Gemara connotes that he heard at any time on Shabbos.

xi.

Gra (2): We must say that he tears, for the Gemara asked about tearing only for a Shemu'ah that becomes Rechokah on Motzei Shabbos.

xii.

Gra (3): 'He counts' connotes from the day of the Shemu'ah.

2.

Shulchan Aruch (2): One who hears a Shemu'ah Rechokah need not fulfill all laws of Aveilus. It suffices to remove his shoes. He need not invert the beds or wrap his head. He may work, bathe, anoint, have relations and learn Torah. If he is not wearing shoes, he must invert his bed or wrap his head. He must do a blatant act of Aveilus. If he was learning Torah, working, bathing or anointing, and he heard a Shemu'ah Rechokah, he interrupts Sha'ah Achas for the sake of Aveilus, and then resumes. If he was wearing Tefilin, he need not remove them. He was not Yotzei through the interruption until he does a recognizable act of Aveilus such as removing shoes, inverting the bed or wrapping his head. One of these suffices.

i.

Beis Yosef (DH v'Chen, citing the Ramban): One who hears a Shemu'ah Rechokah must do a Mitzvas Aseh of Aveilus. Presumably, R. Chiya was wearing Tefilin when he heard the Shemu'ah Rechokah. He would not normally go around without Tefilin. Even so, he did not remove them, for even an Avel wears Tefilin, except for the first day. A Shemu'ah Rechokah is no more severe than the second day of Aveilus. Therefore, it suffices to wrap his head or remove his shoes.

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