Siman 696

Purim is permitted for the performance of melakha. And even though it is written "feasting and joy and a yom tov," and a yom tov is forbidden for the performance of melakha, nevertheless, in truth they did not accept it upon themselves as a yom tov. And the proof is that it is written: "to establish upon them... to make them days of feasting and joy...", and yom tov is not written. And in any case, in a place where they are accustomed not to perform melakha – it is forbidden to perform it (5b). And one who performs it never sees a sign of blessing from this melakha (ibid.).

The early authorities wrote: Even though they did not accept the prohibition of melacha upon themselves, it was subsequently accepted through custom. And we curse anyone who performs melacha on it, since its prohibition has spread throughout all of Israel. However, building for joy, such as a wedding house for his son, or a palace for ministers—is permitted. Similarly, melacha for a mitzvah is permitted, such as writing for a mitzvah. And it is permitted to write halachic rulings and the simple meanings of the scriptures, in which a person rejoices, as it is written: "The precepts of Hashem are upright, rejoicing the heart." And a letter of greeting, and a record of his debts, and similarly anything that does not require great concentration—it appears that it is permitted (Beit Yosef). And for the needs of the day itself—it is permitted to perform even complete melachot, even though it was possible to perform them beforehand. Similarly, regarding commerce, there is no custom to prohibit it, because this is a joy for him (Taz, subsection 1), and therefore they are accustomed to sit in the shops. Nevertheless, one who considers his ways will minimize sitting in the shop on Purim. And there are those who fear Hashem who do not open the shop on Purim. And it is permitted to perform melacha through a non-Jew.

It appears to me that to set out on a journey from one's home on Purim is not proper, for the essence of joy is with the members of one's household, as it is written: "And you shall rejoice, you and your household" regarding the second tithe; and regarding the festivals it is written: "And you shall rejoice, you and your son and your daughter"; unless the travel is necessary for him. And it is a mitzvah to be on Purim in his home with his wife and his offspring. And also one who is traveling on the road, and he is forced to stop in some place for the reading of the Megillah – it appears he should also stay for some hours, and fulfill the Purim feast, and mishloach manot, and matanot la'evyonim. And it is of no avail that they give on his behalf in his home; and it is possible that regarding matanot la'evyonim he has fulfilled his obligation, but regarding mishloach manot not in his presence – it is certainly nothing.

Our teacher, the Beit Yosef, wrote in section 2: Even in a place where they practiced the custom, they only practiced it on the day of the Megillah reading alone. But to prohibit this one on that one—it is not a custom. Thus far his words. And there is reason to doubt his intention: whether his intention is that there is no custom in any place to prohibit the fifteenth for those in unwalled towns, and the fourteenth for those in walled cities, and if so, if a place is found that practiced this—it is prohibited. Or, that his intention is: that even if they practiced this—it is not a custom, and we do not pay heed to such an inferior custom. For there are customs that are not to be relied upon, as it is stated at the end of the fourteenth chapter of Masekhet Soferim, that any custom that has no proof from the Torah—it is like one who errs in the weighing of judgment, see there. And the women practiced the custom not to perform labor also on the fifteenth, which is called among us "Shushan Purim" (Darkhei Moshe in the name of the Abudraham). And it has not been clarified to me what the custom is among us.

The fourteenth day and the fifteenth day are forbidden for eulogy and fasting in every place and for every person, whether in the walled cities from the days of Yehoshua bin Nun that read on the fifteenth, or for the majority of the world that reads on the fourteenth. For this is from Megillat Taanit, which was not abolished regarding Hanukkah and Purim. And the mourning women may chant on them, which is when they all lament together, and they may clap, which is striking palm against palm. But they may not lament, which is when one speaks and all respond after her. And when the deceased is buried, they may neither chant nor lament, except for talmidei chachamim in his presence it is permitted, as I wrote in Yoreh Deah siman 401. And similarly, we do not say Tzidduk HaDin nor Kaddish at the graves. However, for talmidei chachamim in his presence when they deliver a discourse over him, they say Kaddish (Levush).

Our teacher, the Beit Yosef, in section 4 ruled that all matters of mourning are practiced on Chanukah and Purim, for so ruled the Rambam in the eleventh chapter of Mourning, see there. And so ruled our teacher Gershom Meor HaGolah and the Rokeach (Hagahot Maimoniyot ibid.). And even though it is a day of feasting and joy, for it was taught (5b): "Joy" teaches that they are forbidden in eulogy, "feasting" teaches that it is forbidden in fasting, see there, but not regarding mourning (ibid.). And he wrote in section 5: If Purim falls on Saturday night, and the mourner is sitting in the beit knesset on Shabbat at Mincha—he should not leave from there until he prays the Arvit prayer and hears the reading of the Megillah. And the next day—he should not leave his house. Thus far his words, meaning: that since the Megillah in its proper time may be read individually—it is better that the mourner read it in his house, and not go to the beit knesset. However, when he is sitting in the beit knesset on Shabbat at Mincha, and has already eaten the third meal—it is better that he wait in the beit knesset for the night reading, and the next day he should read by himself in his house. And the same law applies if he must go to eat the third meal—he should also read at night individually in his house. But this is obvious, that if he does not have a kosher Megillah, or if he is not proficient in reading it, that even on a weekday he goes to the beit knesset to hear the Megillah at night and during the day. And if he is able to gather a minyan to his house to read the Megillah—it is much better. (And this is the intention of the Beit Yosef and the Rema. And see Magen Avraham subsection 6 and subsection 10, who wondered about them. And according to what I have written—it works out well. Examine it and you will find it simple.)

But the She'iltot, and Rabbi Meir of Rothenburg, and the Rosh, and the Tur, and the Mordechai—ruled that there is no avelut on Purim. And our teacher, the Rema, ruled accordingly in section 4, and this is his wording: And there are those who say that avelut is not practiced on Purim, neither on the fourteenth nor on the fifteenth. Even first-day avelut is deferred because of Purim. However, matters of privacy—are practiced. And even though one does not practice avelut on Purim, nevertheless, they count toward the count of the seven days of avelut, like Shabbat. Thus far his words. And it is a wonder regarding our teacher, the Beit Yosef, who in Yoreh Deah at the end of siman 401 also ruled thus, that avelut is not practiced on Purim, and did not bring another opinion, yet here he ruled the opposite. (And therefore there is one who wrote that here it is a printing error, and thus it should say: they practice in privacy on Purim.)

There is one who says that a mourner is obligated in mishloach manot, meaning: even though mishloach manot is a matter of joy, and a mourner is forbidden from joy, nevertheless, ultimately—it is a rabbinic positive commandment. Therefore, he is obligated to send manot even within the seven days. Nevertheless, he should not send a thing of joy. However, to the mourner, they should not send mishloach manot all the days of mourning, which is to say all thirty days, and for his father and his mother all twelve months, for they are able to send to another. Therefore, in a place where there is only the mourner and one other—perforce he must send to the mourner in order to fulfill the mitzvah, only he should not send him a thing of joy. But if the mourner is a poor person—it is permitted to give him anything, like any giving of tzedakah. (Our teacher, the Rema, in section 6 wrote that when there is no one to send to except the mourner—he should send to him, unless the mourner waived his gift. Thus far his words. And the intention is not that one must do so and waive it, but rather that if he waived it—he has fulfilled the obligation, as I have written above.)

And know: that in Yoreh Deah at the end of siman 385, our teacher, the Rema, wrote: that it is forbidden to send portions to a mourner for his father or his mother for the entire twelve months, and even on Shabbat in a place where they do not practice greeting him on Shabbat. But in a place where they practice greeting him on Shabbat – it is permitted to send him portions. Thus far his words. And according to this, there is one who says that here as well, since they practice not to observe mourning on Purim – it is permitted to send him portions (Magen Avraham subsection 12), and that this is the intention of our teacher, the Rema, here, where he wrote: "And as I wrote in Yoreh Deah siman 385" (ibid.). And in my humble opinion it appears on the contrary, that his intention is: that even though regarding the matter of Shabbat it was explained there that there is grounds to permit, nevertheless Purim is not similar to Shabbat, for behold many opinions hold that mourning is observed on Purim (and also the Taz subsection 3 did not find this permission favorable).

Our teacher, the Beit Yosef, wrote in section 7: There is one who says that an onen is permitted meat and wine, for the individual positive commandment of mourning does not come and override a public positive commandment of the Torah. For to rejoice on Purim is "words of tradition," which is like a Torah commandment. Thus far his words. And if it is difficult: behold, can he not fulfill the joy of Purim after the burial? For it can be said that certainly this is so, but the intention is if he cannot bury him on that day. And behold, our teacher, the Rema, wrote on this, and this is his wording: And all the more so that he is obligated in the reading of the Megillah, and prayer, and the reading of Shema. And it seems to me that this is specifically at night, even though his deceased is lying before him. But during the day when he wants to bury him—the burial of his deceased takes precedence, as I wrote above in siman 687, and therefore he reads and prays afterward as has been explained […] for it is no better than a Yom Tov or Shabbat… Thus far his words, and his words are perplexing (as the Magen Avraham wrote).

And it appears in my humble opinion that this is its explanation: That certainly the words of our teacher, the Beit Yosef, deal with a case where he will not bury him today, as I have written. And therefore, even though by the law he is an onen, nevertheless, the positive commandment of an individual does not come, etc. And we say: since he will not bury him today – he is permitted meat and wine. And since we nullify his status of onen because of the joy of Purim, all the more so is he obligated in Megillah, and prayer, and Kriat Shema, for since he will not bury him today – he is not a definitive onen. And since it is necessary to nullify his status of onen because of the joy of Purim – we nullify it entirely. And afterward he says another law: that since it has been renewed for us that when he does not bury him today we nullify his status of onen, therefore, when his deceased dies at the beginning of the night, and it is not the practice to bury at night – we nullify his status of onen regarding the reading of the Megillah, for it is a positive commandment of the public, and automatically also regarding Kriat Shema and prayer. But meat and wine – are not relevant at night, and we do not permit them to him. But during the day, when he wants to bury him – he buries him, and afterward he fulfills all the mitzvot of Purim. And our teacher, the Beit Yosef, deals with a case where he does not bury him on that day, as I have written. (And with this, all the difficulties of the Magen Avraham are removed from him, see there. And be precise and you will find it easy.)

It is permitted to marry a woman on Purim, whether on the fourteenth or on the fifteenth. And all the more so is it permitted to perform a pidyon haben. For even though on Yom Tov it is forbidden, as we derive from the verse "And you shall rejoice in your festival" – and not with your wife, but on Purim there is no such verse. Nevertheless, according to the reason that one does not mix one joy with another joy – it is also forbidden on Purim, and so the great Acharonim agreed (Magen Avraham at the end of subsection 18 and Pri Chadash). And one should perform the chuppah on the thirteenth, and likewise on the fifteenth it is certainly permitted (and so wrote the Mordechai, cited by the Ateret Zekenim, that one should not marry on Purim). And regarding that which they were accustomed in former days to wear masks of shaatnez, and those of a man for a woman – now they are not accustomed so. And likewise one who caused damage – is obligated to pay, for now, in our many sins, all joy is diminished, and we are not at this level. (And that which our teacher, the Rema, wrote in section 8 – it was to uphold what they were accustomed to in his days, but not now.)