Siman 71

Our teacher, the Beit Yosef, wrote: One who has a deceased relative for whom he is obligated to mourn, even if the responsibility to bury him does not fall upon him—he is exempt from the recitation of Shema and from prayer. And even if he wishes to be stringent upon himself and recite—he is not permitted. But if he has someone to attend to the burial needs for him, and he wished to be stringent upon himself and recite—one does not protest against him. Thus far his words. And our teacher, the Rema, wrote: And see Yoreh Deah siman 341. Thus far his words. That is to say: for there it was explained that one does protest against him, and it is forbidden to be stringent. And so the great Acharonim decided (Taz subsection 3, and Levush, and Bach, and see Taz). And we have already explained this in Yoreh Deah there, section 10, and we brought such from the Yerushalmi. And so we instruct the halacha in practice. And in Yoreh Deah there, many laws regarding an onen were explained, see there.

And immediately when they begin to cast earth upon the deceased – he shall recite Kriyat Shema and pray. And so did the Maharil (Magen Avraham, subsection 1). And this is until midday, but after midday he shall not pray. And from the morning blessings he is always exempt, since at the time of their obligation he was exempt (ibid.). But regarding the blessing of the Torah, he is obligated. And he shall not don tefillin on the first day, for a mourner is forbidden in tefillin on the first day as I wrote in siman 38. And the three blessings "who has not made me a gentile," "who has not made me a slave," "who has not made me a woman" – he must also bless all day. And one does not say Kaddish until after the burial. And there is one who says that a son for his father shall say Kaddish during his aninut before the burial (Taz, end of subsection 2). And there is one who disagrees in this, because before the burial one is not to say Kaddish over him (Nekudot HaKesef in Yoreh Deah siman 376). And see in siman 106, section 3, what I wrote there.

In what case are these matters stated? During the weekday. But on Shabbat, he is obligated all day until evening if he waits for nightfall at the techum to attend to burial needs. But if he does not wait for nightfall at the techum, he is obligated even toward evening. Thus far the wording of our teacher, the Beit Yosef, in section 2. And it appears clear that this is the explanation: that if he waits for nightfall at the techum, he is exempt from all mitzvot, even though it is still day and aninut applies to him. But if he does not wait for nightfall, he is obligated in all mitzvot until night. And it is not dealing with the Arvit prayer of the conclusion of Shabbat, for he is always exempt even when he does not wait for nightfall. And so it is clarified from his words in his great book, and so it is implied in the Derishah. And I am very much astonished at the commentators who wished to explain the matters also regarding the Arvit prayer, that if he did not wait for nightfall he must pray Arvit. And they were hard-pressed in this (see Bach, and Magen Avraham subsection 3, and Taz subsection 4). And so they explain the words of the Tur. And I am astonished and it requires further study. And the second day of Yom Tov, its law is like a weekday. And on the first day of Yom Tov, if he wishes to bury him by means of a non-Jew, he practices aninut, and if not, he does not practice aninut. And in Yoreh Deah there we have elaborated on this.

One who guards the deceased, even if it is not his own deceased—is exempt. If two were guarding—one guards and the other recites, and afterwards this one guards and that one recites. And so too, one who digs a grave for the deceased—is exempt. And if two or more were digging, all who are needed for the needs of the digging at once are exempt. And if there are additional people who are not necessary for the digging—they slip away and recite, and then these return and engage [in the work], and the others slip away and recite. And in Yoreh Deah siman 365 more of this was explained. And it is forbidden to recite Keriat Shema within four amot of a deceased or in a cemetery. And if he recited—he did not fulfill his obligation, for the sages penalized him since he transgressed their words, and even if he was unintentional (Keseph Mishneh and Magen Avraham subsection 5). And specifically within four amot of a grave. But outside of four amot in a cemetery, even though it is forbidden ab initio, nevertheless if he recited there he does not need to return and recite (Taz subsection 5). And see what I wrote in Yoreh Deah siman 341 at the end of section 24.