Question:During likkut atzomos are the relatives of the niftar exempt from mitzvos as we find before regular burial? Between the time of death and burial, all close relatives of a niftar are subject to halachos of aninus (enumerated in Yoreh De’ah Siman 341). This includes a prohibition of eating meat and drinking wine, and an exemption from performing all mitzvos, such as keriyas shema, tefillin, tefilla and brochos. Not only is an onen exempt from mitzvos, he is not allowed to perform mitzvos during this period. Discussion:The Shulchan Aruch (Yoreh De’ah Siman 403 se’if 9) writes that all those involved in likkut atzomos are exempt from performing other mitzvos. The Shulchan Aruch can be understood to mean that the individuals who are actually involved in the exhumation and reburial are exempt from performing other mitzvos, as per the rule that ho’osek b’mitzvah pottur min hamitzvah – one who is involved in performing one mitzvah is exempt from performing other mitzvos. If this is the explanation of the Shulchan Aruch then there is no exemption for relatives who are not actively involved in the reburial of their deceased relative (because they are not osek b’mitzvoh). Or, it could be understood from the Shulchan Aruch that just as we have seen with regular aninus that all close relatives are exempt from mitzvos irrespective of whether or not they are actually involved in burial arrangements, here as well the mere fact that they are related to the deceased who is currently being exhumed and reburied exempts them from performing mitzvos, as with aninus. It appears from the Chasam Sofer (Shu”t Yoreh De’ah Siman 353) that all relatives of a deceased who is currently being reburied are exempt from performing mitzvos, irrespective of their involvement in the reburial (i.e. similar to aninus). This also appears to be the view of the questioner in Noda Bi’yehuda (Mehadura Kama Yoreh De’ah Siman 89) and the Noda Bi’yehuda does not dispute this view. The Chazon Ish (Yoreh De’ah Siman 213) also appears to learn that the relatives of the niftar are exempt from mitzvos irrespective of their involvement in the reburial. However, the Chelkas Ya’akov (vol. 2, Siman 46) notes that the Remo explicitly rules that there are no dinim of aninus regarding likkut atzomos, and it is incongruous to rule that there is an exemption from mitzvos because of aninus reasons – if aninus clearly does not apply. The Chelkas Ya’akov rules that the only exemption from mitzvos is because of osek b’mitzvah; thus the relatives who are not actively involved in the reburial of their deceased relative are obligated in mitzvos. The Chelkas Ya’akov explains that this is what the Chasam Sofer actually means. Conclusion: Regarding if relatives of a niftar who is being reinterred are obligated in mitvah performance when they are not actively involved in the reburial, there are conflicting opinions in the Poskim. |
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