Siman 367

One buries the dead of the gentiles, meaning: that one occupies oneself and exerts effort in their burial, and one comforts their mourners, because of the ways of peace. And the Kolbo wrote: One who sees the deceased is obligated to stand before him and treat him with honor, even their deceased, because of the ways of peace (Beit Yosef). And it was taught in the Tosefta of Gittin (end of the third chapter): One eulogizes and buries the dead of the Cutheans, because of the ways of peace. And one comforts etc. see there.

We say in Berakhot (Berakhot 18a): A person should not walk in a cemetery with tefillin on his head and a Sefer Torah in his arm while reading. And if he does so, he violates the prohibition of "mocking the poor." The same law applies to reading by heart—it is also forbidden (Tosafot). Rather, it teaches the common way of things, for matters that are written may not be said by heart (Talmidei Rabbeinu Yonah). And even though according to several poskim this is only regarding fulfilling the obligation of the many, and not for an individual reading for himself, nevertheless, the common way of things is to read from a book. (And the difficulty of the Ma'adanei Yom Tov there is settled.) And outside of four amot—it is permitted in a cemetery, but not in the room where the deceased is located, as I wrote in siman 344.

And behold, from the plain meaning of the language, it implies that specifically to read from the sefer Torah is forbidden, but to carry it without reading is permitted. And this is not similar to tefillin and tzitzit, which are mitzvot that a person is obligated in, and there is "mocking the poor." But to carry a sefer Torah in one's hands is not of the mitzvot, and why should he appear as "mocking the poor"? However, such is not the opinion of the Rambam, the Tur, and the Shulchan Aruch, and they divided this into two laws. For the Rambam in the tenth chapter of Sefer Torah, and the Tur and the Shulchan Aruch above in siman 282, wrote that it is forbidden to walk with a sefer Torah in his arm in a cemetery. And in the fourteenth chapter of Evel and in this siman, they wrote that a person should not walk within four amot of a grave or in a cemetery with tefillin on his head. And if they are covered, it is permitted. And he should not walk in a cemetery, or within four amot of a deceased person or of a grave, with a sefer Torah in his arm, and read from it or pray. And the same law applies to reading by heart, it is forbidden, unless it is for the honor of the deceased, as I wrote in siman 344. Thus far their words. And the wording of the Rambam is more precise, for here he did not mention "reading" at all; see there. And it appears that they were exacting that just as tefillin has no relevance to reading, so too the sefer Torah, since they were taught as one. And they hold that even in holding without reading there is "mocking the poor," for this is like saying "I am holding the sefer Torah and not you." And it is not similar to tzitzit, as will be explained, that when it is not dragging on the ground it is permitted. For a sefer Torah is different, as in it are written all the mitzvot.

The Tur wrote in the name of Ri: "Specifically tefillin and other mitzvot and the like. But tzitzit, which is an obligation of the garment—it is permitted, for one cannot strip off his clothes when he enters a cemetery." Thus far his words. And based on this, our teacher, the Beit Yosef, wrote in section 4 (Shulchan Aruch Yoreh Deah 367): It is permitted to enter a cemetery, or within four amot of a deceased person or a grave, while wearing tzitzit. This is provided that it does not drag over the grave. But if it drags—it is forbidden due to "mocking the poor." In what case does this apply? In their times, when they would place tzitzit on a garment that they wore for their own needs. But nowadays, when we only wear it for the sake of the mitzvah—it is forbidden even if they do not drag. And these words apply when the tzitzit are revealed. But if they are covered—it is permitted. And some are accustomed to tie two tzitzit of the two corners to one another when they enter a cemetery, and they have achieved nothing with their remedy. Thus far his words. And see Orach Chaim siman 23. And the world follows the practice of permissibility regarding a tallit katan, since the tzitzit are covered (Shach and Bach in the name of Rashal).

It has already been explained that at a distance of four amot from the grave or from the cemetery—it is permitted, and even if one sees the graves. And if there is a partition there—it is permitted behind the partition nearby even within four amot of the grave or the cemetery. And one should not take a Sefer Torah to the cemetery in a time of distress, and Heaven forbid to do so. And also regarding the recitation of Kaddish, one must distance four amot from the graves. And it is customary to say supplications upon the graves, even though they contain verses, because they say this for the honor of the deceased. And they also practiced saying Tehillim near a deceased person at the time of his lying on the ground, because they do this for his honor and for the rectification of his soul. And it is difficult to nullify the custom. And it is permitted to say Tzidduk HaDin near the grave (Perishah).