י"ז אלול התשפ"ד
20.09.2024

Ruling: bereaved parents will not sit shiva

Due to critical condition of two Gross family boys, hospitalized at Schneider Hospital, Rav of Bayit Vegan, Hagr"a Auerbach ruled that the parents should be with their children and not sit shiva • Which section in Shulchan Aruch did the Rav rely on? • when will close family and friends be able to menachem avel?

Ruling: bereaved parents will not sit shiva

The harsh tragedy that struck the Gross family, and which did not leave a dry eye after the heartbreaking funeral which was unparalleled, when the avrech Rabbi Shimon Ozer Gross, of the Mir Yeshiva, escorted his two little daughters, who died from inhalation of a dangerous pesticide, with courage and inner strength.

There was not a dry eye at the eulogies, especially the father's hesped – who is still praying with klal Yisrael for his two sons hospitalized in serious condition at Schneider Hospital in Petah Tikva.

Seemingly, the father should sit shiva for his daughters, but here the question came before Hagaon Rabbi Azriel Auerbach, RAv of the Bayit Vegan neighborhood of Jerusalem: should one sit shiva and observe the laws of mourning, as he is busy taking care of his sons who are still hospitalized.

In the "Scope Line" of the public center it was released tonight, that Hagaon R' Azriel Auerbach ruled immediately that the father does not have to observe the laws of mourning and sit shiva. The source is in Shulchan Aruch siman 640 par. 3: "Patients and their attendees – are exempt of succah, and not only an endangered patient, but even if he is not in danger, if sitting in the succah is hard for him, and if his head or eyes hurt him, which is a pain and not an illness – he and his attendees are exempt, since the succah is hard for this indisposition.

"And there are those who say that the attendees are only exempt when the patient needs them. And the reason that the attendees are exempt: some say because one who is busy with a Mitzvah – is exempt from the mitzvah (Levush and Hgr"z). And this is unclear – one who does so for free – does so because of a Mitzvah, but if he is paid – he is obligated. And we did not find this distinction in the Gemara and poskim."

Hagr"a Auerbach therefore ruled that because their children need them, and without the shiva it is clear that they will be at their side all the time, they are exempt from the Mitzvos and they should not sit shiva. The Rav made a reservation and said that if the father and mother wish to sit shiva, then the father should sit after shacharis for a few minutes, and the mother should be next to her children and should not sit or observe the laws of mourning at all.
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