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An Onein on Yom Tov

Essentially, the halachos of aninus would apply on Yom Tov. The reason for this is that on the first day of Yom Tov, one is permitted to enlist non-Jews to tend to the burial. Since he can be involved in the burial arrangements on Yom Tov itself in this way the halachos of aninus apply, unless no non-Jews are available or willing to be involved in the burial.258 On Yom Tov Sheini, even Jews may perform the burial. The relatives of the deceased will thus be onenim even if they plan to delay the burial, unless they actually cannot perform the burial.259

However, the custom in many communities is not to bury on Yom Tov.260 In these communities, it is as though it is impossible to bury on Yom Tov. Accordingly, Yom Tov will generally have the same halachos as Shabbos with regard to aninus.261

Yet, there are still a number of differences between Shabbos and Yom Tov:

  1. On Yom Tov, the onen is obligated to celebrate with meat and wine.262
  2. There is more room to be lenient for an onen to learn Torah on Yom Tov.263 However he should not receive an aliyah.264
  3. If Yom Tov falls on Friday, an eiruv tavshilin must be arranged on erev Yom Tov. Preferably, someone other than the onen should facilitate it. If he is the only one who can do it, he should recite only the text of the eiruv but not the berachah. Alternatively, he can wait until it is close enough to Yom Tov that the halachos of onen are anyway suspended,265 and arrange the eiruv at that point with a berachah.266

The Yom Tov cycle for an onen

The following is an outline of how an onen should deal with various aspects of Yom Tov. The discussion pertains to communities that do not bury on Yom Tov, such that the halachos of onen generally do not apply.

Pesach

Bedikas Chametz: An onen should appoint someone else as an agent to perform bedikas chametz on his behalf. The agent should recite the berachah. The onen may recite the bittul chametz text himself.267 If he does not have anyone to perform bedikas chametz for him, he should do it himself. 268

As mentioned, an onen may be lenient regarding Torah study on Yom Tov. Therefore, on the Seder night, he may read the Haggadah,269 and he is in fact obligated to do so.270 If he wishes to be stringent, he can have someone else read the Haggadah on his behalf.271

The onen should not recline at the Seder.272

Sefiras Ha’omer

An onen should count the day’s omer without reciting the berachah. He can then continue counting the omer on the days after the burial with a berachah.273

Tishah BeAv

An onen must fast on Tishah Be’Av as well as on all other fast days.274 But he does not recite Kinnos.275

Sukkos

On Yom Tov, the onen is obligated in mitzvos and must sit in the sukkah. On Chol Hamoed, however, there is discussion amongst the Poskim276 as to whether an onen should sit in the sukkah. For although an onen is exempt from performing mitzvos, he may not actively transgress prohibitions. The Poskim debate whether we view eating outside the sukkah merely as a failure to fulfill a mitzvah (i.e., the mitzvah of eating this food in the sukkah), in which case the onen would be exempt; or as actively transgressing a prohibition (that is, we view eating outside of the sukkah as a prohibited act), in which case it is indeed prohibited for the onen to eat outside the sukkah.277 While Mishnah Berurah does not render a final decision on this dispute, the consensus among the latter day Poskim seems to be that the onen is exempt from the sukkah.278 Yet, one who wishes to avoid the issue can eat foods that do not require a sukkah.279

Simchas Torah

An onen may receive an aliyah on Simchas Torah.280

Chanukah

An onen should have a family member light Chanukah candles on his behalf.281 He should not answer amen to the berachah.282 This lighting discharges his obligation, such that even if the burial takes place that night, he is not required to light afterwards.283 If this occurred on the first night, he will not recite Shehecheyanu on subsequent nights.284

If there is no one else available to light the candles, the onen should light them himself without a berachah.285

Purim

There is an opinion that an onen must observe the mitzvos of Purim. While this opinion is not accepted as the halachah, some maintain that at least at night, when it is anyway unusual to bury, the onen should fulfill the mitzvah of megillah. As even this position is questionable, the onen should fulfill this possible obligation by listening to someone else’s reading.286 By day he is exempt from mitzvos, so he should not listen to megillah until after the burial. If he did listen to the megillah reading before the burial, he must read or hear it again afterwards, but without a berachah.287

On Purim day288 the onen may eat meat and drink wine.289

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258 Shulchan Aruch 548:5 with Mishnah Berurah 18.

259 Ibid. with Mishnah Berurah 20. See also Mishnah Berurah 71:11.

260 See Igros Moshe, Orach Chaim 3:76; Yom Tov Sheini Kehilchasah 1, note 169, citing R’ Shlomo Zalman Auerbach.

261 Igros Moshe, Yoreh Deah 3:161. See Shemiras Shabbos Kehilchasah 64:28 regarding the onen status of a resident of Eretz Yisrael who is in Chutz La’aretz on the second day of Yom Tov.

262 [More precisely: one is obligated to drink wine; and it is a mitzvah – albeit not a strict obligation – to eat meat, as on any Yom Tov (Beiur Halachah 529:2, s.v. Keitzad).] Hagahos R’ Akiva Eiger, Yoreh Deah 341:1, s.v. Im; Pischei Teshuvah 341:13.

263 See Baddei Hashulchan 341:44 and 399:15; Gesher Hachaim 18:2:8.

264 Mishnah Berurah 548:16.

265 As explained with regard to Shabbos, in footnote 65.

266 R’ Shlomo Zalman Auerbach, cited in Divrei Sofrim 341:21.

267 Hagahos R’ Ephraim Zalman Margolios 341:8.

268 Da’as Torah, Orach Chaim 431:1.

269 Sha’ar Hatziyun 548:16.

270 See Aruch Hashulchan, Yoreh Deah, 341:17.

271 See Aruch Hashulchan, Yoreh Deah ibid.

272 Gesher Hachaim 18:2:12.

273 Beiur Halachah 489:8, s.v. Belo.

274 Sha’ar Hatziyun 640:48

275 Mishnah Berurah 559:24.

276 Cited in Mishnah Berurah 640:31. Their disagreement was about Yom Tov itself, as relevant in places where they do bury on Yom Tov, such that the halachos of aninus apply. Here, however, we are discussing areas where the custom is not to bury on Yom Tov. Thus, all discussion of the halachos of onen will pertain only to Chol Hamoed.

277 Sha’ar Hatzyiun 640:48.

278 See Aruch Hashulchan 640:13; Gesher Hachaim 18:2:11; Divrei Sofrim, Kitzur Hilchos Aveilus 5:162; et al.

279 See Nitei Gavriel 67:3.

280 Pischei Teshuvah (399:1) cites Teshuvos Eish Das who permits an aveil to receive an aliyah on Simchas Torah. This leniency will extend to an onen as well.

281 Mishnah Berurah 670:12.

282 Ibid. Mishnah Berurah refers to the dispute as to whether an onen may choose to do mitzvos. As explained in the introduction to the subject (in footnote 7), the accepted custom is to be stringent.

283 Chut Shani, Chanukah, p. 311.

284 Halichos Shlomo, Chanukah, 16:12.

285 Mishnah Berurah ibid.

286 Mishnah Berurah 696:25.

287 Mishnah Berurah 696:26 with Sha’ar Hatziyun 30.

288 Mishnah Berurah 696:24.

289 Shulchan Aruch 696:7.

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