Siman 547

Chol HaMoed is forbidden for eulogy and fasting. Therefore, one does not place the bier in the street, or in the courtyard of the synagogue, so as not to facilitate a eulogy. Unless it is for a great talmid chacham who died, for there is no Moed in the presence of a talmid chacham, as I wrote in Yoreh Deah siman 401, see there. And for this reason, one does not bring the deceased to the cemetery until the grave is prepared, so that they will not need to wait for the preparation of the grave, and increase in weeping and eulogy. And the women who lament on the Moed – they only chant responsively, which is that they all respond as one. But they do not lament, which is that one speaks and they all respond after her, for in this there is more eulogy and weeping. And likewise they do not clap, which is to strike palm against palm. And even chanting responsively is only before the burial, but after the burial it is entirely forbidden, except for a chacham in his presence.

For the entire thirty days before the festival – it is forbidden to eulogize a deceased person who died before the thirty days. However, those who died within the thirty days preceding the festival – it is permitted to eulogize them, because the bitterness is still fixed in his heart, and he does not add grief because of the eulogy. And even if one deceased person died for him before the thirty days and one within the thirty days – he shall not mention the one who died before the thirty days with this one who died within the thirty days, whom it is permitted to eulogize. And even if a deceased person died for him on the eve of the festival – it is permitted to eulogize him, and it is forbidden to mention with him the one who died before the thirty days. And the measure of thirty days – because the deceased is not forgotten from the heart for the entire thirty days to eulogize him. And in Yoreh Deah siman 347 we explained more of this, see there.

And one who received a report within thirty days prior to the festival—it is permitted to eulogize him even though he already died, because the bitterness is strong in his heart, and bitterness is not added on account of the eulogy. And that which they are accustomed to at the completion of the year to eulogize the deceased and to mention his soul, for such was the custom in Spain—this is not included in this, and it is permitted to do it within thirty days of the festival, because this is, on the contrary, for the cessation of mourning, and to wear white garments afterward. And so too the mentions that the emissary of the congregation makes at the time of the reading of the Torah—this also does not arouse a eulogy. However, from Rosh Chodesh Nisan they cease from making mentions, as I wrote in siman 429.

One does not perform keriah for the deceased on Chol HaMoed, except for those relatives for whom one is obligated to mourn: his father and his mother, his son and his daughter, his brother and his sister. And likewise for a sage or a proper person where one was present at the time of the departure of the soul. And there is a practical difference between them: for a relative for whom one is obligated to mourn and for a sage—one performs keriah even not in their presence, provided that the report reached him during the Moed if it is within thirty days. But for a proper person—one does not perform keriah unless he knew between the death and the burial. However, other forms of keriah explained in Yoreh Deah siman 340—one does not perform keriah at all on Chol HaMoed. And specifically when he died on Chol HaMoed, as it is the time of intense grief. But if he died on Yom Tov—one does not need to perform keriah on Chol HaMoed until after Yom Tov, for since the time of intense grief has passed—why should he perform keriah on Chol HaMoed? And also for a timely report one performs keriah, even though after the festival it will be a distant report. And for a distant report one does not perform keriah even for his father and mother until after the festival, as I wrote in Yoreh Deah siman 340, see there.

All this is according to the essential law. However, the custom of Ashkenaz is that for one's father and mother—one rends on the Moed, and for other relatives—one does not rend until after the Moed. And their reasoning is because there is one who holds that by law one does not rend on Chol HaMoed, for just as there is no mourning on the Moed—so too there is no rending. And this is the opinion of the Smak. But many disagree with him, and they hold that by law one must rend on the Moed, since it is the time of intense grief. Therefore, the custom of Ashkenaz is to compromise that for one's father and mother—one rends, but not for other relatives. And such is the custom. And in a place where there is no custom, one should rend for all of them, for such is the essential law. And so wrote the great authorities, and so ruled our teacher, the Rema. And such is the custom of the land of Poland (Magen Avraham, subsection 4).

One does not bare the shoulder except for the relatives of the deceased who are required to mourn for him, or for a sage whom they ask a matter of halacha in any place and he says it. And now, they have not practiced at all the baring of the shoulder, as I wrote in Yoreh Deah there. And even though mourning is not practiced on Chol HaMoed, nevertheless, one provides the seudat havra'ah on the Moed. And this is on the condition that they do not provide the meal in the public square, but only for the relatives of the deceased. And they shall not provide the meal for the mourner inside his house except on upright beds, because the overturning of the bed is not practiced on the festival at all. And for a sage—everyone is provided the meal on the Moed inside the public square, in the manner that they provide for the mourners, for everyone is a mourner for him. And in Yoreh Deah there it was explained that we do not have a public square, and likewise the overturning of the bed. However, when they provide the meal for us, the mourners shall not sit on the ground, for it is forbidden to sit on the ground on Chol HaMoed, but rather they shall provide the meal at the table.

One may perform all the needs of the deceased on Chol HaMoed: they may cut his hair in a place where such is the custom, and they may wash his garment if there is a need for this, and they may make a casket for him. This is specifically in the courtyard where the deceased is located, so that it will be evident that they are doing it for the sake of the deceased, and they will not suspect him of performing construction on Chol HaMoed. If they did not have boards, they may bring beams and saw boards from them privately inside the house. If it is impossible to do so privately, they may do so publicly. If he was a prominent person, they may do so from the outset even in the marketplace publicly, for there is no suspicion here since everyone knows. They should only be careful regarding the publicity of non-Jews (Magen Avraham, subsection 6), so that they do not say that Jews are desecrating the Yom Tov. However, one may not fell a tree from the forest to saw boards from it for a casket, and one may not hew stones to build a grave with them. The reason is because they will say that he fells them and hews them for the sake of construction (see Beit Yosef). In a place where the Jews are few and dwell in one location, every person is considered as prominent, for everyone knows that there is a deceased person in the city.

One may not dig niches in the ground or build graves with masonry on chol hamoed to be ready for a person when they die. However, one may adjust them; if it was too long, one shortens it, or if it was too short, one lengthens it or widens it. And one may not pluck grass or earth on chol hamoed in the cemetery in the manner that is done on a weekday. The law of tziduk hadin on the festival was explained in Yoreh Deah siman 401, that it is not recited on chol hamoed, see there. And it is proper to recite Psalm 49 and to say Kaddish over it, and it seems to me that such is the custom.