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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Moed Katan 22

MOED KATAN 22 & 23 (19-20 Cheshvan) - dedicated in memory of Chaim Mordechai ben Harav Yisrael Azriel (Feldman) of Milwaukee by his family.



(a) We ask what the Din will be if the oldest Aveil arrived at the house of the Aveilim in the middle of the Shiv'ah from the Beis-ha'Kevaros. This may be better than if he came from a journey (where we just ascertained that he observes Shiv'ah on his own - even if he arrived during the first three days) - because, since he went to the Beis-Olam on account of the Meis, it may well be considered as if he was in the house together with the Aveilim with they began.

(b) We resolve this She'eilah from a statement by Rebbi Chiya bar Aba Amar Rebbi Yochanan - who says that even if the oldest sibling went to the Beis-Olam, he nevertheless only needs to observe the remaining days of Shiv'ah together with the other Aveilim.

(c) The Beraisa, which says that he proceeds to sit Shiv'ah on his own - speaks when he returned after three days.

(d) For the Aveilim who accompany the Meis ...

1. ... all the way to the graveyard - the Aveilus begins as soon as the grave is covered.
2. ... only part of the way - it begins as soon as they turn away from the Meis to return home. Rava told the people of Mechuza, who used to accompany the Meis for part of its journey to Eretz Yisrael - that as soon as they turned their faces from the gates of the city to return home, they should begin counting the Shiv'ah.
(a) According to Rebbi Shimon, even if an Aveil arrived on the seventh day, he joins the Aveilim for however much of the Shiv'ah remains - Rebbi Yosi bar Shaul Amar Rebbi qualifies this to where there are still visitors consoling the Aveilim when he arrives.

(b) Rav Anan asks what the Din will be if the Aveil arrived as the visitors were getting up to leave. This She'eilah - remains unresolved.

(c) Rebbi Yochanan is quoted as ruling like Rebbi Shimon.

(a) Rebbi Yochanan also rules like Raban Shimon ben Gamliel regarding T'reifus. Raban Shimon ben Gamliel says there - that if a hole in the intestines of an animal is stopped up with Leichah, the animal is nevertheless Kasher.

(b) 'Leichah' is a viscous substance known as glair that emerges from the intestines when they are squeezed.

(c) Someone went to Eretz Yisrael to hear these rulings direct from Rebbi Aba B'rei de'Rebbi Chiya bar Aba or Rebbi Zeira, the author of both rulings. When asked whether he had really heard that ...

1. ... Halachah ke'Raban Shimon ben Gamliel - Rebbi Aba replied that, quite to the contrary, he had heard that the Halachah was *not* like him.
2. ... Halachah ke'Rebbi Shimon be'Aveil - he replied that this was a Machlokes between Rav Chisda and Rebbi Yochanan (who hold that it *is*) and Rav Nachman (who holds that it is *not*).
(d) Rav Nachman rules neither like Raban Shimon ben Gamliel by T'reifus, nor like Rebbi Shimon by Aveilus. We concur with Rav Chisda and Rebbi Yochanan, who rule not like Raban Shimon ben Gamliel regarding T'reifus, but like Rebbi Shimon by Aveilus - based on Shmuel's ruling that we always follow the lenient opinion in the area of Aveilus.
(a) The Beraisa in S'machos praises someone who hastens the burial of a Meis - with the exception of one's father or mother, where it is considered despicable.

(b) It is praiseworthy to hasten even the burial of one's parents on Erev Shabbos or Erev Yom-Tov - or if it is raining directly on to the stretcher on which they are being buried.

(c) An Aveil has the option of minimizing work or of not minimizing it (see Tosfos quoted in Gilyon ha'Shas) for other relatives. An Aveil for his parents, says the Tana - is obligated to do so.




(a) For all other relatives, an Aveil has the option of uncovering his shoulders or of not doing so. An Aveil for his parents, says the Tana - is obligated to do so (Note: Nowadays, this Halachah is not practiced at all).

(b) That Gadol ha'Dor refrained from uncovering his shoulders when his father died - in deference to a second Gadol ha'Dor who was present.

(c) Some say that the Aveil in the previous case was Rebbi and the second Gadol, Rebbi Ya'akov bar Acha - others say the opposite.

(d) The (unresolved) problem with the first Lashon is - that if Rebbi was the Gadol whose father died, then, seeing as Rebbi's father was Raban Shimon ben Gamliel, the Nasi, everyone was obligated to uncover his shoulders, even the second Gadol (so why did Rebbi refrain from tearing Keri'ah)?

(a) An Aveil for all other relatives may have a haircut after thirty days - for his father and mother, he must wait until his friends shout at him for having such long hair.

(b) An Aveil for all other relatives may attend a Simchah after thirty days. According to Rabah bar bar Chanah - the Tana is talking about a friendly get-together, which friends tend to make for each other in rotation. By a real Simchah, such as that of a wedding - even an Aveil for other relatives is forbidden to attend for a whole year.

(c) The (unresolved) problem that we have with Rabah bar bar Chanah's distinction is from a Beraisa - which distinctly includes both a Simchas Merei'us and that of a wedding in the Din of thirty days.

7) In the second Lashon, Rabah bar bar Chanah permits a Simchas Merei'us immediately. We again ask from the Beraisa which equates a Simchas Merei'us with that of a wedding - and we answer that the restriction of thirty days (referred to in the Beraisa) applies to a member of the group of friends who is *initiating* the party; whereas Rabah bar bar Chanah speaks about a return-party when he is *paying back*, an obligation which cannot be avoided and which all the friends are expected to acknowledge (even the Aveil).


(a) When an Aveil for all other relatives tears Keri'ah, he tears one Tefach - an Aveil for his father or mother, until he uncovers his heart.

(b) We learn from the Pasuk David bi'Vegadav va'Yikra'eim" - that he minimum Shiur Keri'ah is one Tefach (because "Achizah" ["*va'Yechazek*"] implies at least a Tefach).

(c) An Aveil for other relatives tears only the top garment - whereas an Aveil for one's father or mother tears all the garments that he is wearing.

(d) The one exception to that is a sort of head-gear called 'Afekarsusa' (others describe this a vest, which is worn to absorb the sweat), which even the latter is not obligated to tear.

(a) The Tana Kama obligates a woman to tear Keria'h just like a man. Rebbi Shimon ben Elazar says - that when she is an Aveil for her father or mother, she first tears the innermost garment, folds it and then goes on to the next one (for reasons of Tz'ni'us).

(b) The Tana Kama of the Beraisa says 'Ratzah Mavdil Kamei Safah, Ratzah Eino Mavdil' - meaning that if the Aveil so wishes, he does not need to tear the rim of the garment, thereby dividing it into two (Nimukei Yosef).

(c) This does not apply - to an Aveil for his father or mother.

(d) Rebbi Yehudah learns from the Pasuk in "va'Yechazeik bi'Vegadav va'Yikra'em *li'Sh'nayim* Kera'im" - that any Keri'ah which does not include the hem (and does not therefore, divide the garment into two) is not considered a Keri'ah.

(a) An Aveil for his father or mother may baste (stitch loosely) the garments after the Sh'loshim.
1. ... An Aveil for other relatives - may baste the garments after the Shiv'ah, and sew them professionally after the Sh'loshim.
2. ... a woman who is an Aveil in this regard - may baste her garments immediately.
(b) Rebbi Yochanan says that an Aveil for his father or mother must tear K'riyah with his hands - an Aveil for other relatives on the other hand is permitted to use a knife.

(c) Rebbi Chiya bar Aba Amar Rebbi Yochanan obligates an Aveil for one's father or mother to tear outside (in public) - an Aveil for other relatives, even in a room.

(d) Tearing for a Nasi is like tearing for one's father and mother in this regard.

(a) The sole regard in which ...
1. ... a Rebbe, an Av Beis-Din, and others mentioned in the forthcoming Beraisa who die, resemble parents - is that of 'Ichuy', that sewing the garments on which Keri'ah was made professionally is prohibited.
2. ... a Nasi differs from the others mentioned there - is that, like an Aveil for parents, one is obligated to tear outside, as we just saw.
(b) When the Nasi died - Rav Chisda instructed Rav Nachman bar Ami to overturn a mortar, to stand on it and to show everybody that he had torn Keri'ah for him.

(c) When a Chacham died, they would uncover their *right* shoulder. For ...

1. ... the Av Beis-Din - they would uncover the *left* one.
2. ... the Nasi - *both*.
(d) When a Chacham died, his Beis-Hamedrash would close. Upon the demise of ...
1. ... the Av Beis-Din - they would close all the Batei-Medrash in town, they would all go to Shul and change their places.
2. ... the Nasi - they would close all the Batei-Medrash, and, if it was a day on which they were due to Lein, they would enter the Shul, Lein, and leave again. Everyone would Daven at home.
(a) The Tana Kama, discussing the latter case, says that the people go to Shul, call up seven, and leave. Rebbi Yehoshua ben Korchah comments on the words 'and leave' - 'Not that they may then go for a walk, but they sit down and remain silent.

(b) It was said that Rebbi Chananyah ben Gamliel would say Halachos and Agados in the house of an Aveil. According to the Tana Kama - neither Halachah nor Agadah should be said in the house of an Aveil.

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