תלמוד על מועד קטן 3:1

MISHNAH: Anyone whose dead is lying before him¹Any close relative who has to mourn for the dead and who has to organize the burial. is free from reciting Shema‘ and from tefillin.²This is the text of the Yerushalmi and the Mishnah manuscripts. Most sources of the Babylonian Talmud add “and from all obligations of the Torah”, but the commentary of Talmid Rabbenu Yonah to Alfassi declares that good manuscripts do not contain the addition and it also seems that the addition was not accepted by Tosaphot. The carriers of the bier, their substitutes, and the substitutes of their substitutes, in front of the bier or behind the bier, those that are needed by the bier are free, those that are not needed by the bier are obligated.³In the Babli: “Those behind the bier are obligated”. Rashi explains that those in front of the bier await their turn to carry the bier to the cemetary but that those behind the bier already did that; they follow only to honor the dead person, but not to actively render any more services. The Yerushalmi does not know of such an organization. All of them are free from the obligation to pray.⁴According to Maimonides, the obligation from the Torah is only to say some prayer every day; hence, even if the participants in the burial miss one prayer they still have two others to fulfill the Biblical requirement. According to Nachmanides, the obligation to prayer is entirely rabbinical and is eliminated before the Torah obligation to bury fellow Jew.

Something happened⁷A close relative died. By rabbinic convention, the mourner cannot leave his house for the first seven days after burial; he does not shave for thirty days. R. Immi considered the 30 days’ period of the nazir as a paradigm for the 30 day period of the mourner. to Rebbi Immi and he shaved on the 30^th day, and something happened to Rebbi Immi and he shaved on the 31^st day⁸He was inconsistent in his actions.. Rebbi Zeriqa said, Rebbi Immi learned this from the Mishnah, as we have stated there⁹Mishnah 2.: “If somebody vowed two neziriot, he shaves for the first on the 31^st day, for the second on the 61^st day¹⁰The argument is from the part of the Mishnah which is not quoted: “But if he shaved for the first on the 30^th day, he shaves for the second on the 60^th” (cf. Note 6)..” Rebbi Yose said, there when it happened, here from the start¹¹R. Yose criticizes R. Immi. The Mishnah requires the nazir to shave on his 31^st day; it only legitimizes shaving on the 30^th after the fact. But R. Immi shaved on the 30^th on his own initiative. R. Zeriqa seems to hold that what is acceptable after the fact in biblical rules is permitted from the start in rabbinic usage.. Rebbi Jeremiah instructed Rebbi Isaac Aṭoshia, and some say, Rav Ḥiyya bar Rav Isaac Aṭoshia, to shave on the 30^th day, following the Mishnah¹²Mo‘ed qaṭan 3:5. “If somebody buried his relative three days before a holiday, the seven-day rule is waived for him. Eight days, the 30 day rule is waived for him, as they said: Sabbath is counted but does not interrupt, holidays interrupt but do not count.” If somebody was mourning for three days before the holiday, he does not have to continue the intense mourning period after the holiday; he continues with the remainder of the 30-day period. Similarly, if he was keeping at least one day of mourning after the seven-day period, the holiday cancels the remainder of the 30-day mourning period. (The Babli, Mo‘ed qaṭan 19b, reduces the 8 day period to 7 since “part of a day is like a whole day” and the 30-day period starts on the seventh.): “Eight days, the decree of 30 days is waived for him.” The eighth has the same status as the 30^th day¹³The argument here goes as follows: If the 8th day of mourning was holiday eve, the mourner can shave in the afternoon in preparation for the holiday. The time elapsed from dawn to the afternoon is counted as a full day for him. Therefore, the person who shaves on the 30^th day can nevertheless count the entire 30^th day as being part of his mourning period.. Rebbi Yose said, there is a difference; there they permitted in order to honor the holiday. You should know this, since Rebbi Ḥelbo bar Ḥuna said in the name of Rebbi Joḥanan: If his eighth day falls on the Sabbath, he shaves Sabbath eve. If you say that they did not permit in order to honor the holiday, then even if his 30^th day falls on the Sabbath, he should shave Sabbath eve¹⁴Nobody allows the mourner to shave on the 29th day. (Quoted by Tosaphot Mo‘ed qaṭan 19b, s. v. הלכה).. In addition, from what Rebbi Joḥanan had said¹⁵Mo‘ed qaṭan 3:5 (82b 1. 10), 3:8 (83d 1. 23); Babli 22b.: “For all deceased¹⁶Except for father and mother. The first sign of mourning required is to tear one’s garment. For the seven-day period, the mourner is required to wear the torn garment. He can stitch together the tear after the end of the seven-day period (after 30 days for father or mother) and invisibly mend it after thirty days (never mending invisibly for father or mother.) Why does one not allow stitching or mending on the last day of a period if “part of the day is counted as a whole day”? he stitches together after seven days and mends after 30.” Why should he not stitch on the seventh day and mend on the 30^th day? Rebbi Ḥaggai said, this has been transmitted in this way and that has been transmitted in that way¹⁶Except for father and mother. The first sign of mourning required is to tear one’s garment. For the seven-day period, the mourner is required to wear the torn garment. He can stitch together the tear after the end of the seven-day period (after 30 days for father or mother) and invisibly mend it after thirty days (never mending invisibly for father or mother.) Why does one not allow stitching or mending on the last day of a period if “part of the day is counted as a whole day”?.

MISHNAH: If somebody vowed two neziriot, he shaves for the first on the 31^st day, for the second on the 61^st day¹⁷In all cases in this Mishnah, “part of a day is counted as an entire day” and the last day of a period is at the same time the first of the next period, whether the period be 30 or 31 days., but if he shaved for the first on the 30^th day, he shaves for the second on the 60^th, and if he shaved on the day before the 60^th18Compare Latin usage to replace 19 by 20-1, etc., he has fulfilled his obligation. The following testimony did Rebbi Pappaias give¹⁹Any “testimony” mentioned in the Mishnah was given in Yabneh and accepted by the Synhedrion.: if somebody vowed two neziriot, he shaves for the first on the 31^st day, for the second on the 61^st day, but if he shaved for the first on the 30^th day, he shaves for the second on the 60^th, and if he shaved on the day before the 60^th, he has fulfilled his obligation since the 30^th day is counted for him.