Siman 357

It is stated in Sanhedrin (Sanhedrin 46b): Rava said in the name of Rabbi Shimon bar Yochai: Anyone who allows his deceased to remain overnight violates a negative commandment, as it is said: "For you shall surely bury him on that day, his carcass shall not remain overnight, etc." That is to say: aside from the positive commandment of "you shall surely bury him on that day," he also violates a negative commandment, and it turns out that he violates both a positive and a negative commandment. And there is one who says that he violates only a negative commandment, and the positive commandment applies only to those executed by a beit din, as is implied by the wording of the Rambam in the fifteenth chapter of Sanhedrin, law 8, who wrote: It is a positive commandment to bury all those executed by a beit din on the day of the execution, as it is said: "For you shall surely, etc." And not only those executed by a beit din, but anyone who allows his deceased to remain overnight violates a negative commandment, etc. Thus far his words. (See Lechem Mishneh, chapter four of Evel, law 8). But it is not understood: for if so, shall we say that the negative commandment also applies only to those executed by a beit din? And in the Sifrei it is taught: "His carcass shall not remain overnight" — this is a negative commandment. "For you shall surely bury him" — this is a positive commandment. And it requires further study.

In a place where there is a government decree to delay the deceased until the third day, they wash him immediately, and dress him, and he is placed thus until the third day, wrapped in a sheet over all the garments. And close to the burial, they return and clean him. And we have already explained this at the end of siman 352. And when they do this according to a government decree – they do not transgress "bal talin," for the prohibition of "bal talin" is only when it is done in a way of disgrace. And thus they expounded in the Sifrei: "His body shall not remain overnight upon the tree" – just as the tree is a degradation to him, so too anything that is a degradation to him. This excludes if he delayed it for his honor, to prepare tachrichim, or so that many will come to escort him, or to make a casket, or so that professional mourners will come, or to bring a eulogizer, and similar to this – he does not transgress it, since he does not do it in a way of disgrace. And here too it is similar. But in a place where there is no government decree, and he delays him for no reason – he transgresses "lo talin." And in Semachot chapter eleven it is taught: Anyone who delays his deceased overnight – behold, he degrades him, see there. And all the more so one should not delay him so that he will be buried on Erev Shabbat after midday. (And those who say it is because of a doubt of death – a different spirit is in them, as I wrote in siman 338.)

Regarding all the deceased, when one hastens to take out their bier – behold, this is praiseworthy. But regarding one's father and mother, behold, this is disgraceful, for it appears as if he wants to be rid of them, unless it was Erev Shabbat or Erev Yom Tov when time is short, or if rain was dripping upon his bier, and the like. And so too, one who died a sudden death – they shall not hasten to bury him until it is clarified that he died, for perhaps he fell into a faint.