Siman - Moed Katan Daf 23
- Customs when a Chochom, Av Beis Din or Nasi pass away
A Baraisa beginning on the bottom of Daf 22b taught: חכם שמת בית מדרשו בטל – A Chochom who passed away, his Beis Midrash is batel. Rashi explains that “his Beis Midrash” refers to those who would learn under him regularly. אב בית דין שמת כל בתי מדרשות שבעירו בטילין – If the Av Beis Din passes away, all the batei midrashim in the city stop learning, and they enter the shul to daven, but change their places. Those who usually sit in the north sit in the south, and those who sit in the south, sit in the north. נשיא שמת בתי מדרשות כולן בטילין – If the Nasi dies, all batei midrashim stop learning, and the people of the shul enter the shul וקורין שבעה ויוצאין – and they have seven people read from the Torah and then they leave. Rashi explains that they do not daven in shul together, but at home alone. Rebbe Yehoshua ben Korchah said that the people should not stroll in the street, but should sit at home and be silent, and also, they may not discuss learning in the mourner’s house. They say that Rebbe Chananya ben Gamliel would discuss learning in the mourner’s house.
- How an avel conducts himself the first few weeks of aveilus
It was taught in a Baraisa: אבל שבת ראשונה אינו יוצא מפתח ביתו – An avel does not leave his house the first week of aveilus. שניה יוצא ואינו יושב במקומו – He may go out the second week but he does not sit in his regular place for davening. שלישית יושב במקומו ואינו מדבר – He may sit in his regular place on the third week but he does not speak. Rashi explains that he sits quietly and does not talk as much as he usually does. רביעית הרי הוא ככל אדם – He is like everyone else on the fourth week. Rebbe Yehudah disagrees and says that it is not necessary for the Chochomim to teach that he does not leave his house the first week, since everyone comes into his home the first week to comfort him. Rather, he is not allowed to leave his home the second week. He can leave his home the third week but does not sit in his regular place. The fourth week he can sit in his regular place, but he does not speak, and the fifth week, he is like any other person.
- Machlokes if there is aveilus on Shabbos
The Mishnah stated: מפני שאמרו שבת עולה ואינה מפסקת – Because they said: Shabbos is included in the mourning and does not cut it short. There is a machlokes between בני יהודה ובני גלילא – the Judeans and the Galileans. These say יש אבילות בשבת – there is aveilus on Shabbos, referring to the private expressions of aveilus, such as marital relations and washing with warm water, and these say, אין אבילות בשבת – there is no aveilus on Shabbos, even with regard to private expressions. The one who holds that there is aveilus on Shabbos, learns it from the Mishnah which states: עולה – the Shabbos is included in the days of mourning. This suggests that there are aspects of aveilus that still apply. The one who holds that there is no aveilus on Shabbos, learns it from the Mishnah which states: אינה מפסקת – it does not cut short the days of mourning. If aveilus was still being observed on Shabbos, why would one think that Shabbos cuts short aveilus? The Gemara explains how each opinion responds to the other one’s proof.
