Siman 548

One who buries his dead on a festival or on Chol HaMoed—mourning does not take effect upon him during the festival, for rabbinic mourning does not come and push aside a Torah festival. And even if mourning on the first day is from the Torah—the positive commandment of an individual does not come and push aside the festival of the public. Rather, after the festival he begins to count the seven days of mourning, and practices mourning during them. Nevertheless, he counts thirty from the day of the burial, and practices during them all the decrees of the thirty. And Shemini Atzeret is considered like seven days regarding the thirty, as will be explained. And there are those who disagree on this (Magen Avraham subsection 1 and in the name of the Bach and the Taz, see there). But the custom is like the first opinion.

In the Diaspora, where they observe two days of Yom Tov—the last day is considered one of the seven days of mourning, and he completes six more days after it. And even though mourning is not practiced on it, nevertheless, since it is of rabbinic origin—it counts for him toward the tally. And even the second day of Rosh Hashanah counts for him toward the tally. There is one who says that this is specifically when he died on the second day of Rosh Hashanah, or at the very least was buried on it, but when he was buried on the first day—it does not count (Taz, subsection 1). But it is not so, for it always counts toward the tally (Magen Avraham, subsection 2). And such is the custom.

One who buries his dead on the last day of Pesach, or on the second day of Shavuot, or on the day of Simchat Torah—he practices mourning therein if it was the day of death and burial, since the second day of Yom Tov is rabbinic, and mourning on the first day is from the Torah: a Torah positive commandment overrides a rabbinic positive commandment. But this is not so on the second day of Rosh Hashanah, as both of them are considered like one long day. And even though ultimately it is rabbinic, nevertheless, since they did not establish it because of doubt—its power is like the first day. However, several of our teachers disagreed entirely on this, and they hold that from the Torah there is no mourning even on the first day, for only aninut is from the Torah and not mourning. And since both are rabbinic—the rabbinic positive commandment of an individual does not come and override the positive commandment of the public. And so the custom is widespread, and one should not change it, and no mourning is practiced therein.

And know that this which we have said, that one who buries his dead on a festival, mourning does not take effect upon him—this refers to public mourning, but private matters are practiced, and he is forbidden in marital relations. Nevertheless, it is permitted to sleep with his wife in one room, and he does not require guarding, for even with a niddah seclusion is permitted, as Israel is not suspected of this. And also he shall not change his garment, for even though another mourner changes his clothes on a festival, nevertheless, he who has not yet begun mourning—shall not change (Magen Avraham, subsection 5). And this is not considered public. And likewise he is forbidden in Torah study, except that he dons tefillin even on the first day, for since he does not practice mourning on it—his glory is not rolled in the dust, which is the reason for a mourner's exemption on the first day from tefillin (ibid.).

Even though mourning does not apply during the Moed, nevertheless, aninut does apply during it. He is forbidden from meat and wine and is exempt from all the mitzvot, as I have written in Yoreh Deah siman 341. For aninut is certainly from the Torah, and the honor of Yom Tov does not supersede it, for the honor of the deceased takes precedence. Therefore, if one’s deceased relative died during Chol HaMoed—he is forbidden in all matters that an onen is forbidden in. And if his deceased relative died on Yom Tov, if he does not wish to bury him on that day, such as when he does not have non-Jews who are willing to attend to him—the law of aninut does not apply to him, for aninut only applies to one who wishes to bury him. And if he must wait until dark at the techum to prepare burial needs for him—then aninut takes effect upon him from the time he waits until dark at the techum. And if he does not need to wait until dark, as he does not need to attend to his burial needs—aninut does not take effect upon him until the next morning. And if he died on the second day of Yom Tov and he wishes to bury him on that day, or if he died on the first day of Yom Tov and wishes to bury him by means of a non-Jew—aninut takes effect upon him until after the burial. And we have already explained in Yoreh Deah there, section 15, that regarding the night of the second day of Yom Tov—aninut does not apply during it, for only the day of the second day of Yom Tov did the rabbis treat like a weekday, but not the night. Therefore, if he died on the first day of Yom Tov and he buries him the next day—aninut does not take effect upon him until the next morning, and during the night he is obligated in prayer, and kiddush, and in everything. And so too if he died on the night of the second day of Yom Tov, and certainly if he died on the night of the first day of Yom Tov, for aninut does not apply at night, even if he buries him the next day by means of a non-Jew. However, if he buries him at night—aninut certainly takes effect upon him until after the burial. (So wrote the Magen Avraham, subsection 8, that there is no aninut on the night of Yom Tov. And so wrote the Taz in Yoreh Deah and the Derishah there. And not like the Shach there, subsection 9, see there. And this is the ruling of the Maharil, see there.)

And even though there is no mourning on the festival, nevertheless, they occupy themselves with him on the festival to console him when his deceased has died on the festival. And after the festival, when seven days from the death of the deceased have concluded, even though he still sits in mourning—nevertheless, his work is done by others in their homes, and his servants work for him privately inside his house. And they do not need to console him after the festival for the number of days they consoled him on the festival. The general principle of the matter: even though he sits for seven days after the festival, nevertheless, regarding consolation and the prohibition of work through others—the seven are counted from the day of his death and burial.

If one's relative died before the festival, and was buried before the festival, and he observed mourning for him for one hour on the eve of the festival—the decree of seven is annulled for him. And it is not specifically a full hour, but rather a short time. And the days of the festival count toward his count of thirty—behold, fourteen days. And he completes sixteen days toward the thirty after the festival. And this is specifically when he observed mourning during that hour. But if he erred or acted intentionally and did not observe mourning, or if it was truly close to darkness and he was unable to observe mourning—it is as if the relative died during the festival, and he observes mourning after the festival, for the festival does not annul the seven for him.

And if he observed mourning for seven days before the festival, and the festival reached him—the festival cancels the decree of thirty for him. And even if the seventh day falls on the eve of the festival, we say "part of the day is like the whole of it," and the festival cancels the thirty for him. And he is permitted to cut hair and to launder on the eve of the festival, and likewise to wash in hot water according to our practice that we do not wash in hot water for the entire thirty. However, he should do everything approximately two hours close to evening and not before. And all the more so when his eighth day falls on Shabbat, the eve of the festival, that all these are permitted to him on the eve of Shabbat on his seventh day, approximately two hours close to darkness. And if he did not shave on the eve of the festival—he is permitted to shave after the festival, for the decree of thirty has already been canceled for him. But during Chol HaMoed he shall not shave, since it was possible for him to shave before the festival. And if his seventh day falls on Shabbat, the eve of the festival—he is permitted to cut hair during Chol HaMoed, for it was not possible for him to cut hair before the festival, as he was still within the seven. And it is obvious that this matter of the festival canceling the decree of thirty for him regarding haircutting—this is for other deceased relatives. But for his father and his mother, where the measure is until his colleagues rebuke him—the festival does not cancel this, even if he observed thirty before the festival.

And if the eve of the festival is not on the seventh day of his mourning, but rather from the preceding days, then the festival nullifies only the remainder of the seven, and it does not nullify the thirty. Nevertheless, out of respect for the festival, he is permitted to launder, but he shall not wear them until the night. And it is good to be careful not to launder until after midday, so that it will be evident that he does so for the honor of the festival. But to wash is forbidden until the night, and at night he shall wash in cold water. And some say that it is permitted to wash after Mincha close to darkness, and he shall pray Mincha first. (Our teacher, the Rema, in section 10 wrote that for us, who practice the prohibition of washing for the entire thirty—it is forbidden to wash, for the festival only nullified for him the decree of seven. And the same law applies regarding laundering, in a place where they practice the prohibition of laundering for the entire thirty. Thus far his words. And in Yoreh Deah siman 399 section 5 he did not write so. And the primary view is as I wrote there for the permissive ruling. And so wrote all the commentators of the Shulchan Aruch. And there in section 17 we explained that our teacher, the Rema, relied on there, for they are the primary laws of mourning.)

And also Rosh Hashanah and Yom Kippur are considered like festivals to cancel mourning. And therefore, according to what has been explained, if one observed mourning for one hour before Pesach, that hour is considered as seven, and the eight days of Pesach, and he completes besides them another fifteen days for the thirty—one hour before Atzeret is considered as seven. And Atzeret itself, since its sacrifices have a completion period of all seven days—it is also like seven. Behold, fourteen, and he completes besides them another sixteen. And the second day of Atzeret is counted in the tally of the sixteen. One hour before Rosh Hashanah—the decree of seven is canceled for him because of Rosh Hashanah. And Yom Kippur cancels for him the decree of thirty. And it is permitted to shave on the eve of Yom Kippur. And the same law applies to one who buries his dead on the third of Tishrei, that he shaves on the eve of Yom Kippur, for the seven are completed by Yom Kippur; one hour before Yom Kippur—the decree of seven is canceled for him because of Yom Kippur. And Sukkot cancels the thirty, and he shaves on the eve of Sukkot; one hour before Sukkot. And Sukkot, behold, is fourteen, and Shemini Atzeret is considered as seven—behold, twenty-one days. And Simchat Torah, behold, is twenty-two—he completes besides them another eight for the thirty. And regarding a death on the festival, we do not count Shemini Atzeret as seven days (Taz, subsection 4). And there are those who disagree on this, and we explained in Yoreh Deah there, section 19, see there.

If one heard a "near rumor" on Shabbat or on a festival, and by the conclusion of Shabbat or the festival it becomes a "distant rumor" – his law is like the law of one who heard a "distant rumor" after Shabbat or after the festival. However, on Shabbat and on the festival, he practices matters of privacy that are practiced during the seven days, and he is forbidden in marital relations, for if it were not Shabbat or a festival – mourning would have devolved upon him. But if he heard a "distant rumor" on Shabbat or a festival – he does not practice even matters of privacy; rather, at the conclusion of Shabbat or at the conclusion of the festival, he practices for one hour and that is sufficient for him, according to the law of a "distant rumor." And if he heard a "near rumor" on Shabbat, and after Shabbat it will still be a "near rumor" – Shabbat counts as one day, and on the next day he performs keriah, and the following Friday becomes the seventh day of mourning. And in Yoreh Deah siman 402 more was explained regarding this, see there.

If ten days after the festival he heard that a relative died for him on the eve of the festival, even though if one hour before the festival were counted for him as seven, and the seven days of the festival, and Shemini Atzeret which counts as seven, it would now become a distant report – nevertheless, it is not so. For all the elevations where this counts for that, and that counts for that – it is only when he heard and observed mourning, but not without having observed mourning. And all the more so for one who did not hear at all, for they are considered only like other days, and it is a near report. May He swallow up death forever, and may we merit the coming of the righteous redeemer speedily in our days, Amen. With the help of Heaven, the laws of Chol HaMoed are completed.