"Aninut" - The Period Prior To The Burial

 

The conventional rules of mourning begin when the body is buried.  Until that time, everything surrounding the death is in a state of dislocation - only once the body is returned to its place of origin in the earth is the entire process of reconciliation begun. 

 

At burial, the earth begins to accept and absorb the body, and so the body finds rest in its place of origin.  The soul is completely freed from the body, which is now thoroughly hidden and in no way suited to be the abode of the soul.  It is now that the soul may begin its journey into the world of souls, to be judged and receive its appropriate reward in the next world.  At this point the mourners have completed their practical obligations towards the deceased, and through the act of burial demonstrate that they have reconciled themselves to the passing of their relative.

 

Until the burial, the relatives do not begin to mourn but rather are in a special state known as "aninut."  At this time the mourner is preoccupied with the burial; eating meat and drinking wine is forbidden, and the mourner is exempt from all positive mitzvot (commandments.)  Even if he or she wants to, the "onen" may not pray, say blessings, and so on.  Two complementary explanations are given for this status in the legal works; a third one is hinted at in the concept's origin.

 

HONOR OF THE DECEASED

 

The Jerusalem Talmud suggests that this exemption is to honor the deceased (Berakhot 3:1.)  The relatives are charged with the heavy responsibility of taking care of the preparations for burial; they only have to do this once, and they will never have another chance to do it properly.  It would be unseemly for them to be occupied with any other activity – including a mitzva.  Any distraction would seem as though they are neglecting their loved one (Bach YD 341.)

 

OCCUPIED WITH A MITZVA

 

Many commentators add that the concern with the needs of burial is a mitzva.  There is a general principle in Jewish law that "One who is occupied with a mitzva, is exempt from another mitzva" (Responsa Bach II:52; Responsa Chatam Sofer I:17.)  Each mitzva is precious, and needs to be done with all our heart.  Even if the second mitzva seems to be more important, it can't displace the first one (with rare exceptions).  "Be as careful with a light mitzva as with a grave one; for it is impossible to know the reward for each mitzva" (Avot 2:1.)

 

For this reason any person who is guarding a dead body (which is never left alone, as we explained in chapter 194) is exempt from regular prayers – even if he or she is not a family member of the deceased (SA YD 341:6.)

 

This explanation complements the previous one, because aninut applies even to someone who is not actively involved in the preparations for burial.  Usually only one or two family members deal with the burial society or undertakers, the remaining siblings and children are not involved.  However, the very fact that these other relatives make themselves available and ready to help should they be needed is itself a mitzva, indicating their respect for the departed.

 

FUSION OF MATTER AND SPIRIT

 

The main source in the Torah for the laws of mourning is in the special instructions given to the Kohanim (priests.)  Normally a Kohen is forbidden to come into contact with the dead.  This contact involves a kind of defilement that would prevent the Kohen from approaching and serving in the Temple, which is his special role as a priest.

 

However, a Kohen is obligated to participate in the burial of his closest relatives – even though he is then disqualified for Temple service until he is purified  (Vayikra 21:1-3, See Chapter 202.)

 

However, even a Kohen who is NOT defiled may not serve in the Temple during the period of aninut (Vayikra 21:12 and Rashi.)  This is one example of an important principle in God's service.

 

Many aspects of the Temple service exemplify that holiness is not merely a "guest" in the material world, but is rooted in the world and fused with it.  For instance, Kohanim can not serve when they are drunk, because intoxication detaches a person from reality and from the world (Vayikra 10:9.)  This contrasts with pagan religions in which intoxication is often an essential part of the priest's service.  The Kohen must be barefoot, demonstrating that while his head is in the clouds, concentrating on the sublime import of his task, his feet are on the ground (Rambam Klei Mikdash 10:8, as we explained in chapter 100.)

 

The preoccupation of the mourner is not merely practical, to take care of burial arrangements, but also emotional.  Until the finality of burial, the relatives may be overcome with grief.  They are occupied with their own emotions and not fully connected to their environment.  Our performance of mitzvot, like the Kohen's performance of the Temple service, needs to carry the message of infusing the world with holiness; therefore, we are exempt when our state of mind is one of detachment.

 

WEARING AND REMOVING SHOES

 

The onen does act like a mourner in certain ways, but does not remove his shoes.  These are removed after the burial – sometimes at the grave itself (Rema YD 382:5.)  Aninut is a period of detachment, after the burial comes the period of mourning and reconciliation, when the halakha guides us slowly back into normal interaction with the world.  This process begins with the removal of the shoes, so we, like the Kohanim in the Temple, again have our feet on the ground.

 

ANINUT ON YOM TOV OR SHABBAT

 

On Shabbat and Yom Tov, the reasons for aninut are attenuated.  With rare exceptions, it is impossible to attend to the burial on these days, so the mourner is not occupied with the mitzva of burial.  It follows that there is no disrespect to the departed for the mourner to be neglecting the needs of interment.  And the grief of the mourner is counterbalanced by the joy of the Shabbat or holiday.

 

In those instances when the burial does need attention on Shabbat or Yom Tov, then aninut is in force.  The joy of Shabbat or Yom Tov is itself a mitzva, which is then superceded by the special, urgent mitzva of attending to the needs of the deceased (SA YD 341:1.)