Siman 400

On Shabbat, mourning is not practiced. And thus our sages, of blessed memory, expounded in Midrash Bereshit (Parashah 100): From where do we know there is no mourner on Shabbat? Rabbi Yose in the name of Rabbi Levi brings it from here: "The blessing of Hashem, it makes rich, and He adds no sadness with it" (Proverbs 10:22). "The blessing of Hashem, it makes rich" – "And God blessed the seventh day." "And He adds no sadness with it" – this refers to the mourner. Just as it says: "The king was saddened for his son." See there, and so it is in the Yerushalmi, the third chapter of Moed Katan (Halacha 5). And Shabbat does not cancel the mourning as the Tur wrote, because it is impossible to have seven days without a Shabbat, see there. And this reason is found in the Yerushalmi there. And at the beginning of the previous siman we added further explanation regarding this, see there.

And even though there is no mourning on Shabbat, nevertheless, private matters are practiced. This is the wording of the Rambam at the beginning of the tenth chapter: Shabbat counts toward the number of days of mourning. And there is no mourning on Shabbat except in private matters, such as wrapping the head, marital relations, and washing with hot water. But public matters – he does not practice mourning in them. Rather, he wears his shoes, and sets the bed upright, and greets every person. And if he has a garment to change into – he changes. And he shall not wear a torn garment upon him on Shabbat, even for his father or his mother. And if he has nothing to change into – he turns the tear to his back. Thus far his words. And this is according to their garments, for they were able to turn it to the front or to the back. And he wrote further: From when do they set the beds upright? On the eve of Shabbat from mincha and onwards. And even so, he shall not sit upon it until it grows dark. And even if only one day remains for him, he returns and overturns it on the conclusion of Shabbat. Thus far his words. And it has already been explained in siman 387 that now we do not have overturning of the bed. And this "mincha" is mincha ketana, and that is nine and a half hours into the day, which is one half-hour after the fourth hour after midday.

And regarding that which the Rambam wrote, that the wrapping of the head is among the private matters, our teacher, the Beit Yosef, wrote in his great book that his intent for "private" is specifically within his house, see there. And in the Shulchan Aruch (Shulchan Aruch Yoreh Deah 400) he wrote: Private matters, which are marital relations and washing. But public matters, which are to remove his wrapping, and to put on his shoes, and to set the bed upright, etc. Thus far his words. It can be said his intent is: to remove his wrapping before the public. But in his house he may wrap himself, and he does not disagree with the Rambam. But in Pirkei De-Rabbi Eliezer (Chapter 16) it is explicitly explained that wrapping is permitted even before the public, as it says there that there were two gates that Solomon made in the Beit HaMikdash—one for bridegrooms and one for mourners. And it says there in this wording: And Israel would go on Shabbat and sit between these two gates etc. One who enters the gate of mourners and whose mustache was covered—they knew that he was a mourner, and they would say to him: "May He who dwells in this house comfort you." Thus far his words. And it was brought in the Rosh, siman 93, see there. And "his mustache was covered" means the wrapping of the head. And in truth, in the Gemara (Moed Katan 24a) there is a dispute regarding this, and Rav holds that the uncovering of the head is optional, meaning that it is not an obligation and he can cover his head. And the Rambam ruled like Rav. Furthermore: for Rabbi Yochanan says there that when he has shoes on his feet—he can cover his head, see there. And since he wrote that he is obligated to wear shoes, it follows automatically that wrapping is permitted. And his intent is not that he is obligated in wrapping, for that is not a logical position at all. And it is not similar to marital relations and washing; rather, his intent is that he may wrap himself (so it appears in my humble opinion).

Our teacher, the Rema, wrote regarding the words of our teacher, the Beit Yosef, who wrote that public matters—meaning to remove his wrapping—he wrote, and this is his wording: And specifically when he is wrapped in the wrapping of the Ishmaelites, as I wrote above in siman 386. But a slight wrapping, which they practice in some places for all thirty days—he does not need to remove on Shabbat, since he has shoes on his feet. Thus far his words. And it appears from his words that this which was permitted in the Gemara, wrapping when he has shoes on his feet, refers to a slight wrapping. But the wrapping of the Ishmaelites is not permitted even with shoes. Yet in the Gemara it implies explicitly that it refers to all wrapping; see there. And they have already wondered at his words (Shach, subsection 2, and Kessef Mishneh in the Levush). And they wrote that a slight wrapping is that they would wear a garment called a kapa, and they would wrap themselves in it. But that which we are accustomed to place the hat before the eyes—certainly it is forbidden on Shabbat. And he must raise it before the sheliach tzibbur says "Barchu" (ibid.).

And it has already been explained that from the time of mincha ketana one cancels the signs of mourning. However, one should not wear shoes until close to Shabbat, which is from plag ha-mincha and onwards, which is an hour and a quarter before night. And he may wear a clean shirt, for this is not a pleasure but rather to remove sweat and grime, as I wrote in siman 389. And I saw one who wrote that he may also wear Shabbat garments (Birkei Yosef), but our custom is not so. Rather, one only removes the garment in which there is the keriah, and wears another garment, but not Shabbat garments. Only during the thirty days do they wear Shabbat garments, and even during the thirty days there are those who do not wear Shabbat garments. But during the seven days we have not seen anyone who wears Shabbat garments. And there are those who cancel the mourning immediately on the eve of Shabbat after midday. And one must warn them regarding this, for they perform a complete prohibition. Rather, it is as I wrote, from plag ha-mincha. And the Maharil would not bless the children on a Shabbat during mourning as was his way on all Sabbaths, for this is not of the matters of public display. And among us the custom in many places is that the mourner waits on the eve of Shabbat before Kabbalat Shabbat in the corridor of the synagogue or the beit midrash. And before Kabbalat Shabbat the shamash announces: "Go toward the mourner," and the people rise from their places and go out toward him, and he enters the synagogue or the beit midrash. And some do not desire this, and they make a minyan in their home for Kabbalat Shabbat.

The Rambam did not mention at all whether a mourner is permitted to study Torah on Shabbat. The Tur and the Shulchan Aruch wrote in this wording: And regarding Torah study, it appears that it is a private matter. However, to review the parashah, since a person is obligated to complete his parashiot with the congregation—it is like reciting the Shema and is permitted. Thus far their words. And they ruled simply that Torah study is forbidden on Shabbat. And seemingly it is not understood, for since there is no mourning on Shabbat, granted that private matters are observed—this applies to matters where there is no transgression in refraining from doing them. But as for studying Torah, why should it be forbidden since there is no mourning on Shabbat, and you have no mitzvah as great as Torah study? And what does this have to do with private matters? And indeed I found in the Mordechai who wrote: Some forbid Torah study on Shabbat, as it is similar to private matters. But Ri used to permit studying Torah on Shabbat, for it gladdens the heart and he must gladden himself on Shabbat. Thus far his words (in the Mordechai, third chapter of Moed Katan in the laws of an onen, see there). And it seems to me that he did not specifically mean "joy," for we do not find joy regarding Shabbat but rather "delight": "And you shall call the Shabbat a delight," and this is like joy. And if he studies permitted subjects, will he not be pained, and he will not have delight? But our teacher, the Beit Yosef, in his great work brought a majority of opinions for prohibition, and ruled that the halacha follows the many, see there. And regarding that which they permitted reviewing the parashah because a person is obligated to complete the Torah with the congregation, and it is like reciting the Shema, according to this one must ask: Is a person not also obligated in Torah study every day? For behold, it is one of the questions on the Day of Judgment: Did you set fixed times for Torah? Rather, one must say that for a mourner there is no such obligation, and if so, regarding the completion of the Torah there is also no obligation for a mourner, for what is the difference between this and that? Furthermore: for behold, it is within his power to complete it on another Shabbat. However, the intention is that because such is his way every Shabbat—it is like the order of the prayer. And this is why he was precise to say that it is like reciting the Shema. And so I saw by one of the great authorities, who wrote that one who is accustomed to study eighteen chapters of Mishnayot every day—may study them even on the Shabbat within the days of his mourning (K.N. in the Rosh, siman 75, letter 57). And according to this, if he has a fixed session to study Gemara and poskim, he may also study during that Shabbat. And so if he is accustomed to study every Shabbat the order of the parashah with the commentary of Rashi—he may also study. (And so wrote the Ba'er Heitev, subsection 2, in the name of the L.H.P.)

But I saw one of the great authorities who wrote the opposite: that the Rashi commentary of the parashah is forbidden, and likewise one who is accustomed to reading every day in the book "Chok LeYisrael" – it is forbidden on that Shabbat. For they only permitted a general obligation such as "twice the scripture and once the translation," which all of Israel performs (the Gaon R. Zalman Margolios in his novellae on mourning, section 18, and printed in the new editions of Yoreh Deah after the laws of mourning). However, in my humble opinion, since according to the opinion of the Yerushalmi even on a weekday it is permitted to study a subject one is not accustomed to (Beit Yosef in siman 384), and likewise the Yerushalmi permits one who is eager for Torah as we explained in siman 384, and likewise there are those who hold that Talmud Torah was only forbidden on the first day like tefillin as I wrote there; and although we do not rule accordingly as I wrote there, nevertheless, one who is lenient on the Shabbat within the mourning period regarding what has been explained – he has great pillars upon which to rely (so it appears in my humble opinion).

One should not call an mourner to ascend for the Torah reading. However, if it happened that the shliach tzibbur called him to ascend for the Torah reading on a weekday—he should not ascend. But on Shabbat he should ascend, for if he refrains from this, it would be a public matter. But if they do not call him, even if he had an obligation on that Shabbat, such as if it were the day of his son's milah or a yahrzeit or other customary obligations, and they do not call him—it is not considered a public matter (Maharshal in a responsum cited in the Taz). Our teacher Tam, they used to call him third every Shabbat, and mourning occurred to him and the chazzan did not call him. And he ascended on his own and stated the reason: since he was accustomed to being called third every Shabbat, one who sees that he does not ascend will say that it is because of mourning that he refrains, and it would be a public matter. And if one can learn from our teacher Tam regarding another person, it requires further study, for our teacher Tam was different as he was the leader of the generation, and it was recognizable to all that this was because of mourning. This is not so with another, even if he is great in Torah.

Our teacher, the Rema, wrote: And so too if the kohen is a mourner, and there is no other kohen in the beit knesset – it is permitted to call him. But in another manner – it is forbidden. Thus far his words. And this is from the Hagahot Maimoniyot, and he concludes there that it is good to tell him beforehand to leave the beit knesset, see there. And as for our teacher, the Rema, who omitted this, it appears that he holds that telling him is not worthwhile, for this would be like a public display, and therefore it is better that he leave on his own before the reading of the Torah. But once they have begun to read – he should not leave, for it is very noticeable and would be like a public display. Therefore, they should call him (the Griz"m). And specifically on Shabbat, but on a weekday even when there is no other kohen – one should not call him, and if they called him – he should not ascend. And just as the law is for a kohen, so too if he is a Levi and there is no other Levi in the beit knesset.

Below in siman 402 it will be explained that one who hears "near tidings" on Shabbat—Shabbat counts for him as one day, since matters of privacy are practiced. And there is one who holds that at the beginning of the counting, Shabbat does not count as one day (Tur ibid. in the name of the Ri), but we do not rule accordingly. Therefore, if bandits killed him or a wild beast dragged him away and they searched for him, and on Shabbat they despaired of seeking him, which is considered like being buried, then as I wrote in siman 375, this Shabbat counts for him as one day, and he practices matters of privacy therein.

Our teacher, the Rema, wrote: If the thirtieth day of mourning falls on Shabbat, and the twenty-ninth day is on Erev Shabbat—he is permitted to wash on Erev Shabbat even in places where they are accustomed not to wash for the entire thirty days. For since according to the law it is permitted after seven days, but they were accustomed to be stringent for the entire thirty, in such a case it is permitted for the sake of the honor of Shabbat. And the same law applies to anything similar to this, such as returning to his place on the night of Shabbat and wearing Shabbat garments, for this too is merely a general custom. And even though one could distinguish between washing, which is forbidden on Shabbat, and these matters which can be done on Shabbat, nevertheless it does not seem correct to me to distinguish in this way. Thus far his words. And it is explicitly explained that whatever is forbidden according to the law of the Gemara for the entire thirty days, such as shaving and cutting nails with a knife—is forbidden on Erev Shabbat on the twenty-ninth day of mourning. And it is not similar to when his eighth day falls on Shabbat on the eve of a festival, where it is permitted to shave from Erev Shabbat as I wrote in siman 399, for there they permitted it because of the honor of the festival. (And in the Ba'er Heitev, subsection 3, he wrote that in the Darkei Moshe it implies that even regarding shaving it is permitted, see there. And he erred in this, for in the Darkei Moshe, sign 5, it is also explained as in the Shulchan Aruch. And so it is in the Hagahot Maimoniyot, chapter ten, and such is the halakha. And examine it and you will find it easy.)