Death & Mourning in Halacha: Bikur Cholim to Kriyah

These are precepts, the fruits of which man enjoys in this world, [while] the principal [reward] is preserved for him in the World-to-Come. They are: honoring father and mother, [performing] deeds of kindness, early attendance in the House of Study morning and evening, providing hospitality to guests, visiting the sick, participating in making a wedding, accompanying the dead [to the grave], concentrating on the meaning of prayers, making peace between fellow men and between husband and wife— and the study of Torah is equal to them all.

(1) LAWS OF VISITING THE SICK; HEALING; THE APPROACH OF DEATH AND ONE IN A DYING CONDITION.
It is a religious duty to visit the sick. Relatives and friends may enter at once and strangers after three days. If the sickness overtakes him both may enter forthwith.

(2) Even a prominent person must visit a humble one; even many times a day and even if the visitor is of his affinity. One who increases [his visits] is considered praiseworthy, provided he does not trouble him. Gloss: Some say that an enemy may visit a sick person. However, this does not seem plausible to me; but he should not visit a sick person nor comfort a mourner whom he hates, so that [the latter] should not think that he rejoices at his misfortune, and thereby feel depressed. Thus seems to me [to be the correct view].

(3) One who visits the sick may neither sit upon a bed, nor upon a chair, nor upon a stool, but must [reverently] wrap himself and sit in front of him [the invalid], for the Divine Presence is above the top-side of his bed. Gloss: [This applies] only if the sick person lies on the ground so that he who sits [near him] will be on a higher level; but when he lies upon the bed, it is permissible [for the visitor] to sit on a chair or a stool. And thus is our accepted practice.

(4) One must not visit the sick during the first three hours of the day, — for every invalid's illness is alleviated in the morning and [consequently] one will not trouble himself to pray for him; and not during the last three hours of the day, — for then his illness grows worse and one will give up hope to pray for him. Gloss: One who visited [a sick person] and did not pray for him has not fulfilled the religious duty [of visiting the sick].

(5) When one prays for him, — if in his presence, one may pray in any language one desires; if one prays, not in his presence, one should pray only in Hebrew.

(6) One should combine him with other Jewish sick by saying, 'May the Omnipresent have compassion upon you in the midst of the sick of Israel;' and on the Sabbath he says, 'It is the Sabbath when it is forbidden to cry out and healing will come soon.'

(7) He is told to consider his affairs whether he lent to or deposited [aught] with others, or vice versa, and that he should not fear death on account of this.

(8) One must not visit those suffering with bowel diseases, or with eye diseases, or from headaches. And likewise, whosoever is very sick and conversation is injurious to him must not be visited in his presence, but one may enter the outer chamber and ask and inquire regarding him, — whether it is necessary to sweep or sprinkle the ground before him or anything similar to this, and hear his suffering and and pray for him.

(9) One must visit the sick of the Gentiles in the interests of peace.

(10) [In the case of] those suffering with bowel diseases,—[the law is that] the man must not attend upon the woman, but the woman may attend upon the man. Gloss: Some say that whosoever has a sick person in his home should go to the Sage of the city in order that he pray for him; and likewise is it the accepted practice to recite blessings [on behalf of] sick persons, in the Synagogues, [viz.,] to give them an [additional] new name, for a change of name causes an evil decree passed upon man to be cancelled. [The precept of] comforting mourners takes precedence over visiting the sick.

(5) A sick person should be visited only from the third day on. If his illness came on suddenly and his condition has become worse, he should be visited immediately. A patient should not be visited either during the first three hours or the last three hours of the day, because he is being attended to at the time.— —

(1) One who is sick and suffered a bereavement, must not be informed thereof lest his mind become unclear; nor is his garment rent; nor is it permitted to cry or make lamentation [for the dead] in his presence, so that his heart be not broken; and they silence the comforters in his presence.

(1) If one feels death approaching, he is instructed, 'Confess [your sins]!' And they say to him, 'Many confessed [their sins] and died not, and many who have not confessed, died; and as a reward, should you confess, you will live; and he who confesses [his sins] has a portion in the world to come.' And if he is unable to make confession with his mouth, he should confess in his heart. If he knows not what to confess, they instruct him, say, 'My death should be an expiation for all my sins.' All these instructions are given to him, not in the presence of illiterate people, nor women, nor minors, lest they cry and break his heart.

The Sages said: Not even a few days passed before Rabbi Yosei ben Kisma died of his illness, and all of the Roman notables went to bury him, and they eulogized him with a great eulogy.

And upon their return, they found Rabbi Ḥanina ben Teradyon, who was sitting and engaging in Torah study and convening assemblies in public, with a Torah scroll placed in his lap.

They brought him to be sentenced, and wrapped him in the Torah scroll, and encircled him with bundles of branches, and they set fire to it. And they brought tufts of wool and soaked them in water, and placed them on his heart, so that his soul should not leave his body quickly, but he would die slowly and painfully.

His daughter said to him: Father, must I see you like this? Rabbi Ḥanina ben Teradyon said to her: If I alone were being burned, it would be difficult for me, but now that I am burning along with a Torah scroll, He who will seek retribution for the insult accorded to the Torah scroll will also seek retribution for the insult accorded to me.

His students said to him: Our teacher, what do you see? Rabbi Ḥanina ben Teradyon said to them: I see the parchment burning, but its letters are flying to the heavens. They said to him: You too should open your mouth and the fire will enter you, and you will die quickly. Rabbi Ḥanina ben Teradyon said to them: It is preferable that He who gave me my soul should take it away, and one should not harm oneself to speed his death.

The executioner [kaltzatoniri] said to him: My teacher, if I increase the flame and take off the tufts of wool from your heart, so that you will die sooner and suffer less, will you bring me to the life of the World-to-Come? Rabbi Ḥanina ben Teradyon said to the executioner: Yes.

The executioner said: Take an oath for me, that what you say is true. Rabbi Ḥanina ben Teradyon took the oath for him, and the executioner immediately increased the flame and took off the tufts of wool from his heart, causing his soul to leave his body quickly. The executioner too leaped and fell into the fire and died.

A Divine Voice emerged and said: Rabbi Ḥanina ben Teradyon and the executioner are destined for the life of the World-to-Come.

Upon hearing this, Rabbi Yehuda HaNasi wept and said: There is one who acquires his share in the World-to-Come in one moment, such as the executioner, and there is one who acquires his share in the World-to-Come only after many years of toil, such as Rabbi Ḥanina ben Teradyon.

(1) One in a dying condition is considered a living being in all respects. We may not tie up his jaws, nor may we anoint him with oil, nor wash him, nor stop off his organs of the extremities, nor may we remove the pillow from under him, nor may we place him on sand, clay-ground or earth, nor may we place on his stomach a dish, a shovel, a flask of water or a globule of salt, nor may we summon the towns on his behalf, nor may we hire pipers and lamenting women, nor may we close his eyes before his soul departs.

And whosoever closes [the dying person's] eyes before death is regarded as one who sheds blood. One may not rend garments, nor bare the shoulder in mourning, nor make a lamentation for him, nor bring a coffin into the house in his presence before he dies, nor may we begin the recital of Ẓidduk Haddin before his soul departs.

Gloss: Some say that we may not dig out a grave for him. although it is not [done] in his presence, [i.e.,] in the house, — before he dies. It is [likewise] forbidden to dig out any grave to be [left] open until the next day, in which the corpse will not be buried the same day, and there is danger in this. It is likewise forbidden to cause [aught] to hasten the death of one who is in a dying condition, e.g., one who has been in a dying condition for a long time, and could not depart, — [the law is that] we may not remove the pillow or the mattress from under him [just] because some say that there are feathers from some fowl which cause this [prolongation of death]. He may likewise not be moved from his place. It is also forbidden to place the Synagogue keys under his head in order that he may depart. However, if there is aught which causes a hindrance to the departure of the soul, e.g., [if] near that house there is a knocking sound, viz., a wood-cutter, or there is salt on his tongue, and these hinder the departure of the soul, it is permitted to remove it therefrom, for there is no [direct] act [involved] in this, since he merely removes the hindrance.

(4) One closes the eyes of the dead and if his mouth opens one ties up his jaws and stops off the organs of the extremities after they wash him with various kinds of perfumes and cut his hair; Gloss: And [also] his nails. And one washes him thoroughly all over so that he be clean of all impurity. And one covers his head with eggs beaten [and mixed with oil or wine] together with their shell, for [this resembles] a sphere making a circuit in the world.

(5) It is a custom to pour out all drawn water in the neighbourhood of the corpse.

(1) LAWS OF ANINUTH
One who suffered a bereavement for whom he is dutibound to observe mourning rites, — [the law is that] before burial, he eats in another house [room]. [If] he has no other house, he eats in his friend's house; [if] his friend has no house [available], he makes him a partition and eats; even a partition of a sheet is sufficient, [provided] he fastened the bottom of the sheet in a manner that it would not be moved by an [ordinary] wind; and if he has not the wherewithal to make a partition, he turns away his face and eats.

Whichever the case may be; even if he is in another city, he does not eat reclining, and he eats not meat nor drinks wine, nor does he recite the benediction before meals, nor does he say grace after meals, nor do others recite the benediction [before meals] on his behalf, nor does he join in grace after meals.

Even if he eats with others he should not repeat Amen after them [when they recite the benediction before meals]. And he is exempt from [the performance] of all religious duties enjoined in the Torah, even if he is not required to attend to the preparations needed for the dead, e.g., [when] he has others who attend to [this] for him.

And some say that even if he desires to adopt for himself a stricter view, [viz.,] to recite the benediction [before meals], or to repeat Amen after those who recite the benediction [before meals], he is not permitted [to do so].

And on the Sabbath or Festival, he eats meat and drinks wine, if he so desires, and recites the benediction [before meals] and is duty-bound to perform all religious duties save the use of the conjugal couch wherein he is forbidden, and he is permitted to go to the Synagogue on the Sabbath, and even on weekdays there is no prohibition, but since he is forbidden to recite the prayers [on weekdays], what will he do there?

If one must go to await nightfall at the Sabbath limit to [be ready] to attend to the preparations needed for the dead [at the exit of the Sabbath], the observance of Aninuth rests upon him, insofar as the prohibition extends to everything from the moment he begins to go to await nightfall at the Sabbath limit.

If he wishes to bury him on the first Festival day by Gentiles, the prohibition extends to everything; so much the more on the second Festival day, when he himself may bury him, that all the laws of Aninuth rest upon him. Some say that a student who observes Aninuth rites for his distinguished teacher is forbidden to eat meat or [drink] wine as long as the dead lies in one's presence.

(2) The purification of the body is done in this manner: His entire body and head is washed with warm water. He should be thoroughly cleansed between his fingers and toes, as well as all other parts of his body. His head should be shampooed, his hair should be combed and trimmed, and his finger and toe nails should be cut (it is not the custom to do so in our countries).

Care should be taken not to place the deceased with his face downwards as that is disrespectful, rather he should be inclined on one side, and then on the other side. After he is thoroughly cleansed, we pour nine kavvim of water over him. This is done in the following manner: The deceased is placed in a standing position on the ground, or on straw, and the water is poured on his head, so that it runs down his entire body.

(4) If they found a slain Israelite, they may bury him [in the same condition] as they found him, [viz.,] without shrouds, and they do not even remove his shoes. Gloss: Thus they do [with respect] to a woman in confinement who died, or regarding a person who fell down and died. Some say that they wrap them over their garments [with] shrouds. The accepted practice is that one makes no shrouds for them as [for] other dead, but one buries them in their garments over which [they place] a sheet as [in the case] of other dead.

(1) The corpse is not buried in expensive shrouds even [if it is] for the Nasi of Israel.

(2) One buries the dead only in a Talith that has Ẓizith. Gloss: Some say that Ẓizith are not required; and the accepted practice is to bury him with Ẓizith, only that one first disqualifies the Ẓizith or one twines around one of the corners [of the Talith].

on a plain bier made from poles that were strapped together, and the poor were embarrassed. The Sages instituted that everyone should be taken out for burial on a plain bier, due to the honor of the poor.

Similarly, at first they would place incense under the beds of those who died with an intestinal disease, because the body emitted an especially unpleasant odor. And those who were alive with an intestinal disease were embarrassed when they understood that they, too, would be treated in this manner after their death, and that everyone would know the cause of their death. The Sages instituted that incense should be placed under everyone, due to the honor of those with an intestinal disease who were still living.

Moreover, at first they would ritually immerse all the utensils that had been used by women who died while menstruating, which had thereby contracted ritual impurity. And due to this, the living menstruating women were embarrassed. The Sages instituted that the utensils that had been used by all dying women must be immersed, due to the honor of living menstruating women. And, at first they would ritually immerse all the utensils that had been used by zavin, men suffering from gonorrhea, who died, as the utensils had thereby contracted ritual impurity. And due to this the living zavin felt embarrassed.

The Sages instituted that the utensils that had been used by all men must be immersed, due to the honor of the living zavin.

Likewise, at first taking the dead out for burial was more difficult for the relatives than the actual death, because it was customary to bury the dead in expensive shrouds, which the poor could not afford. The problem grew to the point that relatives would sometimes abandon the corpse and run away. This lasted until Rabban Gamliel came and acted with frivolity, meaning that he waived his dignity, by leaving instructions that he be taken out for burial in linen garments. And the people adopted this practice after him and had themselves taken out for burial in linen garments. Rav Pappa said: And nowadays, everyone follows the practice of taking out the dead for burial even in plain hemp garments [tzerada] that cost only a dinar.

(1) LAWS OF RENDING GARMENTS
One who suffered a bereavement, namely, [one] of [his] near-of-kin [died], for whom he is required to observe mourning rites, must rend [his garments] for him. One must rend [his garments] while standing; and if one rent [his garments] while sitting, he has not discharged his duty; and he must rend again. In the first instance one must rend [his garments] before he conceals the face of the corpse.

(2) The region for rending is all along the neck of the garment in the forepart; but if he rent in the back part, or in the lower parts of the garment, or on the sides, he has not discharged his duty. Gloss: Some say that one discharges his duty if he rends in the lower parts of the garment; and thus is the common practice to adopt the more lenient view, [viz.,] to rend in the lower parts of the garment, when rending for all other dead, for whom one does not observe mourning rites; but for near-of-kin, for whom one must observe mourning rites, he does not discharge his duty with this rending, but must rend in the neck of the garment. And thus is the common practice.

(3) The extent of rending is a handbreadth. If he rent [his garment] upon suffering a bereavement, and extends the rent, on sustaining another bereavement; if [the second bereavement] is after the seven [days, the additional rent] may be as small [as he wishes]; if during the seven [days], a handbreadth is required. However, for his father and mother, [after having suffered a previous bereavement], even after seven [days], he rends until he bares his chest.

(4) Just as he rends for his near-of-kin, for whom he observes mourning rites, so does he rend in the presence of his near-of-kin, when the latter sustains a bereavement. In what respect? If his son's son dies, or his son's brother, or the mother of his son, he is required to rend in the presence of his son. So too, does he rend for his father-in-law and his mother-in-law, and a woman rends for her father-in-law and her mother-in-law. Nowadays we do not follow this practice as will be explained infra § 374 in the subject of mourning.

(5) One who is present at the time of the departure of the soul of a Jewish man or woman, is dutibound to rend garments; and even if at times [the person who died], committed a sin because of an irresistible desire, or [would] forsake the performance of a religious duty on account of trouble involved. Gloss: But one who was in the habit of committing sins, is not mourned for; and so much the more for one who is an apostate in respect of idolatry. Some say that an apostate who was killed by a Gentile-[robber], is mourned for. So too, [does one mourn for] a minor who commits apostasy along with his father or mother, since he was under pressure; and some say that we observe no mourning rites [for him], and this is the [accepted] fundamental principle. Those who dissociate themselves from the practices of the community, although they are not mourned for, [nevertheless], their children are mourned for.

(6) For a worthy person, against whom no suspicion is entertained with respect to any sin, or neglect of any religious duty, and who is not ill-reputed, although he is not great in learning, — [the law is that] even if one was not present at the time of the departure of the soul, he is dutibound to rend [garments for him], provided he was present there between death and burial. Scholars, however, are exempt from this rending. Gloss: Some say that one is not dutibound to rend [garments] for a worthy person unless one is present at the time of the departure of the soul; but one is required to weep and to mourn for him. And thus is the accepted practice, to adopt the lenient view.

(7) For a scholar or a disciple who is questioned on a matter of Halachah in any reference and is able to answer it, one rends garments, even after burial, on the day the [death] report [is received], if it is within thirty days [from death]; and one rends [garments] for him at the time of his lament. If one did not rend [garments] on the day the [death]-report [is received], and the time of the lament had already passed and he [still] had not rent, he no longer rends. And [garments] are rent for him until the chest is bared; and it is an accepted practice among scholars everywhere to rend [garments] for each other to the extent of a handbreadth, although they are equals and neither is considered a teacher of the other. Gloss: Some say that [garments] are not rent for a scholar unless the latter is his teacher, or [if] we know of the novel interpretations which he expounded, for this is [what is meant] by his teacher'; and thus is the practice to adopt the more lenient view in our countries.

(8) For his teacher from whom he derived the greater part of his wisdom, whether in Bible, Mishna or Gemara, one rends all his garments until he bares his chest. And some say that he rends only to the extent of a handbreadth, and he never resews the rent; even if he receives distant tidings, he must always rend [garments] for him. However, if he did not derive the greater part of his wisdom from him, he rends [garments] for him only according to the law of other dead, for whom he [must] mourn; and even if he learnt from him only a single matter, whether small or great, he must rend [garments] for him. Gloss: Some say that a rent made for one's teacher who is not distinguished, must also not be resewn. [With respect to] scholars who sit together, debate with, and resolve problems for one another, and study together, some say that they are considered to be in the category of a teacher who is not distinguished; others say that they are in the category of a teacher who is distinguished; [still] others say that [garments] are to be rent only for one's teacher who taught him the greater part of his knowledge, but for fellow-collegiates who study together or for one who enlightened his eyes in a single matter, [rending garments] is merely an [additional] stingency, and wherever such is the practice, it is followed, and wherever such is not the practice, it is not followed; but we do not rule thus. Hence it is the common practice to adopt the more lenient view in these countries.

(9) For all other dead, one rends [to the extent of] a hand-breadth in the uppermost garment, and this is sufficient; but for one's father and mother, one rends all his garments, even though he be wearing ten, until he bares his chest. If he did not rend all his garments, he has not discharged his duty, and he is rebuked [for this]; and as long as the garment is upon him, he is instructed, 'Rend!,' even after thirty days.

(10) One is not required to rend his epikarsion. Some explain that it refers to the sweat-shirt, next to his skin; others explain that it refers to he uppermost garment which is called Caffa. And the custom has spread not to rend the Caffa for any dead whatsoever, even [not] for one's father or mother; and to rend for one's father or mother also the garment called chemise. Gloss: In these countries we do not follow this custom, [but the law is that] we do not rend the linen garment, namely, the sweat-shirt, nor [do we rend] the top mantle, but all other garments one must rend for his father or mother, and in [the case of] other dead, the top garment under the mantle.

(11) Both the man as well as the woman are alike with respect to the law of rending [garments], only that the woman rends her undermost garment [first] and turns it front to back, and then rends her uppermost garment.

(12) For all other dead, if one desires, he leaves the upper selvage-border [around the neck] intact, and rends from under the border downwards; for his father or mother he must rend the entire border. Some say that even for other dead he must rend the border. And thus is the accepted practice.

(13) For all [other] dead one should rend inside, [i.e.,] not in the presence of people. Hence, he brings his hand inside and rends in privacy. However, for one's father and mother one rends only outside, [i.e.,] in the presence of all people.

(14) For all other dead, if one desires, he rends with the hand or if he desires he rends with an instrument; for one's father and mother, [one rends] with the hand. For all other dead, if one has occasion to change his garment during the seven days, he changes, but does not rend [afresh]; for one's father and mother, if one changes during the seven days, he rends all the garments [into] which he changes, and never resews the rents, as in the first instance [of rending]. For all other dead, one may turn the rent front to back during seven [days]; but not for one's father or mother.

(15) For all other dead, one bastes the rent together, — this means to sew with irregular stitches — after seven days, and resews the edges after thirty days, and it matters not whether the Festival occurred therein or not; for one's father or mother, one bastes the rent together after thirty days and never resews the edges; and a woman may baste [the rent] together forthwith out of respect due to her. Gloss: As long as it is forbidden to baste together, it is likewise forbidden to fasten the edges of the rent with a needle. There are localities where it is customary to be stringent even for other dead, viz., not to baste together within thirty days, and then it is even forbidden to fasten the edges of he rent with a needle.

(16) For all other dead, if he desires, he bares his shoulder [in mourning]; for his father or mother, he is obliged to bare his shoulder; and thus he walks before the bier until [the corpse] is interred. If the son is a great man and it is not dignified for him to walk with his shoulder bared, he is not dutibound to do so.

(17) A Nasi is equal to one's father with respect to baring the shoulder [in mourning], rending publicly and resewing the edges. All those who rend garments for a Sage who died, — [the law is] that as soon as they have turned away their faces from the rear of the bier, they may baste together the rent and resew the edges on the following day. On receiving the news of the death of a Sage, [after rending the garment], one bastes together the rent on the very same day, and resews the edges the next day; and for a Nasi and one's distinguished teacher, one bastes together the next day but never resews the edges. For a Sage one bares the shoulder on the right; for the Ab Beth Din, on the left, and for a Nasi on both sides. For one's father, mother and distinguished teacher, if he desires he bares either side or if he desires he bares both sides. Some say that nowadays it is not customary to bare the shoulder at all. And thus is the accepted practice today.

(18) For all other dead, if one did not receive the [death-] report until after thirty days, he does not rend. One who had no garment [at that time that is required to be rent according to law], and [later, a garment that is required to be rent], chanced to come to his hand, — [the law is that if the garment was obtained] during the seven [days], he rends [it]; [if] after the seven [days], he does not rend [it]. However, for his father and mother he always rends all his garments.

(19) Just as he is forbidden to mend a rent which must not be resewn, so also is it forbidden to turn a garment upside down and resew the rent. Even the one who buys it is forbidden to resew [the rent]. Therefore, the vendor must inform the buyer thereof. And if he sold it to him without specifying and did not inform him [about the rent in the garment], the latter is forbidden to resew the rent until he knows that it is not one of the rents that may not be resewn. It is forbidden to sell it to a Gentile.

(20) One who rends his garment in a part that has been mended by hemming or chain-stitches, or where the edges were gathered up by cross or ladder-stitch, has not discharged his duty; but if [he rent] in a part that has been reunited by the Alexandrian mending, i.e., by stitching which is even on the surface and projects on the bottom, he has discharged his duty.

(21) [If] one rent [his garment] on sustaining a bereavement, and then suffered another bereavement; [if] during the seven days [of the first bereavement], he rends anew; [if] after the seven days, he extends the first rent a little. [If] he suffered a third bereavement after the seven days of the second one, he extends the rent a little; and thus he continues to extend until [the region of] his navel. Having reached the [region of the] navel, — [on sustaining another bereavement], he moves away a distance of three fingers [from the previous rent] and rends anew. [If] the forepart [of his garment] has become full [of rents], he turns [the garment] front to back; [if] it becomes full [of rents] in the upper parts, he turns the garment upside down; [if] both these regions have become full [of rents], he is considered as one who has no garment and does not have to rend.

(22) [If] one was informed that his father died and he rent [his garment], and after seven [days] his son died and he added thereto; the lower part may be resewn but not the upper part. [If] one was informed that his son died and he rent [his garment], and after seven [days] his father died, he does not add thereto, but makes another rent, because [a rent made] for one's father or mother is not added to [a previous rent].

(23) One who suffered two bereavements simultaneously, or two such reports reached him at the same time, makes one rent for both. [If] after he rent [his garment] he suffered another bereavement within the seven [days], he makes a separate rent, either in the very same rent to which he adds and rends another handbreadth, or he moves away a distance of three fingers and rends a handbreadth; [if] after seven [days], he extends the first rent a little. [If] his father of his mother and one of his [other] near-of-kin died, he rends first for his father or his mother down to [the region of] the heart and moves away [a distance of] three fingers and rends a handbreadth for the other dead. [If] his father died and he rent [his garment] and after seven [days] one of his near-of-kin died, he adds to the first rent; and the lower part may be resewn but not the upper part. [If] one of his near-of-kin died and he rent [his garment], and then his father or his mother died, — [the law is that] whether it was during or after the seven [days], he moves away a distance of three fingers and rends on the side in the border of the garment, for he has to separate the selvage-border, and he rends until he reaches the [region of the] heart. [If] his father and his mother died simultaneously, he makes one rent for both.

(24) [If] one was informed that his father died and he rent [his garment], and then it was discovered that it was his son [who died], he has discharged his duty of rending, provided it became known to him within the period of an utterance. However, if it became known to him after the period of an utterance, he has not discharged his duty. But if he was informed that he suffered a bereavement, and thinking that it was his father, he rent [his garment], and then it was discovered to have been his son [who died], — [the law is that] he has discharged his duty, even if it became known to him only after the period of an utterance.

(25) One who has an invalid who fell into a swoon [and appears to be dead], and he rent [his garment] for him, and subsequently [the invalid] died; if he died within the period of an utterance from the time of rending, he is not dutibound to make another rending, but if not, he requires another rending.

(26) [If] one was informed that his father died and he rent [his garment] and observed some days of mourning, and subsequently was informed that he did not die, and he discontinued the observance [of mourning rites], after which he was again told that he did die the first time according to the report of the first people, he has discharged his duty of rending.

(27) [With respect to] a minor who suffered a bereavement, — [the law is that] we rend [his garment] for him.

(28) One who rends [his garments] on the Sabbath for his dead, although he desecrated the Sabbath, has discharged his duty of rending.

(29) One who rends in a garment that was acquired illegitimately, has not discharged his duty.

(30) For a child regarding whom we do not know for certain that its months [of pregnancy] were complete, who died within thirty [days from birth] or even on the thirtieth day, we do not rend [garments].

(31) One does not rend [garments] on a Festival day, even on the second Festival day of the Diaspora; even the near-of-kin of the dead. However, during Hol ha-Moed one rends according to whatever the case may be, [viz.,] if one is present at the time of the departure of the soul, or if it is for a worthy person or for a scholar; for everyone according to the law as has been explained. Gloss: Some say that it is customary to rend [garments] during Hol ha-Moed only for one's father and mother, and for all other dead one rends after the Festival. And in a locality where there is no accepted practice, one must rend for all.

(32) One who received near tidings during a Festival [i.e., on Hol ha-Moed] must rend [garments] even if after the Festival it becomes distant tidings.

(33) One who goes forth before the dead with a garment already rent, [and] who makes show that he has rent but actually has not rent [his garment], robs the living and the dead.

(34) One who says to his friend, 'Lend me your garment that I may visit my father who is ill,' and he went and found him already dead, rends it and resews the rent and returns the garment to him and compensates him for the damage done by the rent. But if he did not inform him [that he is going to visit his father], he must not touch it.

(35) One who lends his friend a garment to go to the house of mourning, is not permitted to take it back from him until the days of mourning are over. In H.M. § 341 he [Caro] does not rule thus.

(36) One must rend [garments] on hearing evil tidings, e.g., when the majority [of the people] of the community gathered for war and a report was received that they were smitten before their enemies, even if [only] a minority of them was put to death. Thus also if they went into captivity.

(37) One who hears the Divine Name, or even an attribute of the Divine Name, blasphemed, — and even if it was uttered in a foreign tongue it is considered an attribute, — is dutibound to rend [garments], provided he hears it from an Israelite, — and some say that nowadays an apostate Israelite has the status of a Gentile, and even if one hears it from witnesses [who testify to the effect] that a certain person blasphemed [the Name], is dutibound to rend [garments]. The witnesses, however, are not required to rend [their garments] again [on reporting]. One who sees a Scroll of Law, or phylacteries, or even one Scroll of the Prophets or Hagioprapha that was burnt, makes two rents, provided only that it is burnt by force, and only in the same manner as it once happened.

(38) One who sees the cities of Judea in ruin, or [at the sight of] Jerusalem or the Holy Temple, is dutibound to rend [garments].

(39) All these [aforementioned] rents one is permitted to mend by hemming or chain-stitches, [or] to gather up by cross or ladder-stitch, on the following day, but they may never be resewn.