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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Moed Katan 24

MOED KATAN 24, 25 - anonymously dedicated by an Ohev Torah and Marbitz Torah in Ramat Beit Shemesh, Israel.

Questions

1)

(a) Rebbi Yochanan asked Shmuel whether Aveilus applied on Shabbos or not - he replied in the negative.

(b) When the Rabbanan declared 'Aveil she'Shimesh Mitaso, Chayav Misah' - Rav Papa commented that they should re-place the 'Chayav Misah' with 'Asur', and quote the author as Rebbi Yochanan (who did not accept Shmuel's ruling - in the previous question). Should they decline to do so, then they should change their statement to read 'Aveil she'Lo Para (let his hair grow) ve'she'Lo Pireim (tear his clothes), Chayav Misah'.

(c) Shmuel learned this from the Pasuk "Rosheichem Al Tifra'u, u'Vigdeichem Lo Sifromu ve'Lo Samusu".

(d) When that man who could not restrain himself from Tashmish ha'Mitah during Aveilus, died - pigs snatched his body (some say his Eiver Milah).

2)
(a) Shmuel said 'Pa.Cha.Z. Chovah, Ne.Se.R. Reshus'. 'Pa.Cha.Z.' stands for *P*'ri'as ha'Rosh, *Ch*azaras K'ra la'Achorav and *Z'kifas ha'Mitah, meaning that an Aveil is obligated to uncover his head, fold the tear back (so that it should not be visible) and turn the bed the right way. The reason for all this is because it would otherwise constitute Aveilus be'Farhesya (public Aveilus), which everyone agrees, is Asur on Shabbos. Note: It is unclear why sleeping on an overturned bed is considered Farhesyah, seeing as the bed remains in the house, and, as we shall see later, whatever is performed in the house, is considered be'Tzin'ah (see answers to 5).

(b) 'Ne.Se.R.' stands for 'Ne'ilas ha'Sandal, Tashmish ha'Mitah and Rechitzas Yadayim ve'Raglayim be'Chamin Arvis'. These are not obligatory like the first set - because not everyone wears shoes, washes with warm water or indulges in Tashmish ha'Mitah, in which case refraining from performing them does not constitute an act of Aveilus.

(c) Rav disagrees with Shmuel regarding P'ri'as ha'Rosh. According to him, P'ri'as ha'Rosh is *not* obligatory on Shabbos, since some people cover their heads anyway, even when they are not Aveilim - Shmuel however, maintains that Atifas ha'Rosh constitutes covering the entire head and face, right down to the crevices in the chin (like the Arabs wear their head-dress, something that nobody but an Aveil would normally do.

(d) Rebbi Yochanan permits an Aveil to cover his head on Shabbos, even according to Shmuel, who normally requires uncovering it - if he is wearing shoes, a clear indication that he is not practicing Aveilus on Shabbos.

3)
(a) According to Shmuel - the time to tear Kri'ah is the moment the relative dies, when the pain is at its strongest.

(b) Nevertheless, Shmuel himself tore twelve garments when he heard that Rav had died - because the news of a Talmid-Chach's death, whose sayings one remembers constantly, is considered like the time of death.

(c) Rebbi Yochanan too, tore twelve fine woolen garments when he heard that Rebbi Chanina had died.

(d) The Beraisa quoted by Rav Amram, which states that whenever an Aveil changes his clothes during the Shiv'ah, he is obligated to tear K'ri'ah again - refers specifically to parents, for whom one tears even not at the time of death (whereas Shmuel was referring to the death of other relatives).

4)
(a) If on Shabbos, one wears ...
1. ... the garment that one tore for one's parents - one is obligated to fold the tear back (so that it should not be visible).
2. ... a fresh garment that has not yet been torn - he is not obligated to tear K'ri'ah on it (after Shabbos - unless he wears it again then).
(b) Rav Oshaya's father and Bar Kapara argue over - whether the additional tears that an Aveil makes later for his parents may be professionally sewn or not.

(c) Rav Oshaya holds that the garment may not be re-sewn. Presumably (we contend), he learned this from his father - proving who holds what in the previous Machlokes.

(d) We refute this however, on the grounds that Rav Oshaya could equally-well have learned it from Bar Kapara, who was his Rebbe (leaving the matter of who says what open to debate).

5)
(a) By permitting an Aveil to wear a torn garment in the house on Shabbos - Rava has demonstrated that he holds like Rebbi Yochanan (that Aveilus she'be'Tzin'ah does apply on Shabbos).

(b) When Abaye asked Rav Yosef why, as an Aveil, he covered his head with a Sudar in the house on Shabbos - he replied that he held like Rebbi Yochanan.

6)
(a) Rav Gidal bar Menashyah Amar Shmuel rules like Raban Gamliel in our Mishnah - who said that (regarding Aveilus) Rosh Hashanah and Yom-Kipur have the same Din as Yom-Tov.

(b) Others quote Rav Gidal bar Menashyah with regard to the Beraisa in Semachos, which deals with the burial of a little baby. A baby of less than thirty days that dies, is carried to the Beis Olam in his mother's arms.

(c) According to the Tana Kama, he is buried with one woman and two men - not with two women and one man, because of Yichud (the prohibition of a man being alone with a woman).

(d) Aba Shaul permits even two women and one man (see Tosfos Amud 2, DH 'Aba').

24b---------------------------------------24b

Questions

7)

(a) A baby of *more* than thirty days who dies - is carried out in a casket, and not in his mother's arms.

(b) When he dies, one also makes a Shurah (stands in a row) after the burial and says Birchas Aveilim (in the street) and Tanchumei Aveilim, which one does not do for a baby of less than thirty days who died.

(c) We just learned that the latter baby is buried in a casket - he is carried by two people (Derech Kavod) and not slung over the shoulders of the person carrying him.

8)
(a) A baby of more than twelve months - is buried on a bed (or a divan -like a grown-up) and not in a casket.

(b) According to Rebbi Akiva, for a baby to be buried on a bed requires *two* conditions - that he lived to the age of least twelve months, and that he looks as if he was two, or vice-versa.

(c) Many people tend to ...

1. ... participate in the Levayah - of someone who is carried out on a bed, according to Rebbi Shimon ben Elazar.
2. ... deal with his burial - if they recognize him (i.e. if he used to leave the house often), according to Rebbi Elazar ben Azaryah.
9)
(a) With regard to a Hesped for a baby, Rebbi Meir quoting Rebbi Yishmael, says that one eulogizes the son of poor parents from the age of three years, of wealthy parents, from five. According to Rebbi Yehudah quoting Rebbi Yishmael - it is five for the son of poor parents, and six for the son of wealthy ones.

(b) The reason for the difference is - because poor parents are generally more sad at their son's death than wealthy ones.

(c) Rav Gidal bar Menashyah Amar Rav rules - like Rebbi Yehudah.

(d) The Tana says that the son of elderly parents - has the same Din as the son of poor ones.

10)
(a) If someone dies (even one hour) before Shavu'os - Erev Shavu'os counts as seven days of the Sh'loshim, and Shavu'os itself another seven, leaving the Aveil with another sixteen days of Sh'loshim (provided that he managed to sit Shiv'ah before Yom-Tov came in).

(b) Rebbi Ami was upset with Rav Anani Bar Sason, when he Darshened this Halachah in front of the entrance to the house of the Nasi - because he said it in his own name, and not in the name of the author, Rebbi Elazar Amar Rebbi Oshayah.

(c) We learn the seven days of Tashlumin by Shavu'os - from the Pasuk in Re'ei "be'Chag ha'Matzos, u've'Chag ha'Shavu'os u've'Chag ha'Sukos", comparing Shavu'os to Pesach in this regard (See Rosh Hashanah 4b, as to why we compare it to Pesach and not to Sukos, which has *eight* days Tashlumin).

(d) If someone dies the day before ...

1. ... Rosh Hashanah - fourteen days of Sh'loshim are accounted for, in the same way as we just learned by Shavu'os.
2. ... Sukos - then, when Isru Chag Sukos arrives, only another *nine* days of Sh'loshim (*eight* in Chutz la'Aretz) will remain (because Erev Sukos, Sukos and Shemini Atzeres account for seven days each).
11)
(a) When Rav Chaviva from Sura di'P'ras asked Ravina whether he had really said that the day before Rosh Hashanah plus Rosh Hashanah accounted for fourteen days of the Sh'loshim - he replied that he had merely ruled like Raban Gamliel (that Rosh Hashanah has the Din of Yom-Tov in this regard).

(b) According to the Tana of our Mishnah, the three Mitzvos of K'ri'ah, Chalitzah (uncovering one's shoulders) and Havra'ah (providing the first meal after the burial) on Chol ha'Mo'ed - are all confined to relatives of the deceased, and should not be performed by anybody else.

(c) The Se'udas Havra'ah on Chol ha'Mo'ed - should be served on a bed that is not overturned.

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