Prohibition Of Work During Mourning

 

God told the prophet Amos that at the time of judgment for inhumane behavior, "I will turn your holiday into mourning" (Amos 8:10.)  From this our Sages learned that mourning is parallel to Yom Tov; we are forbidden to go to work during the seven days of mourning just as we are during the seven days of the major festivals (Mo'ed Katan 15b.)

 

The prohibition of work during the festivals is in order to free us for the study of Torah and other Divine service (Chapter 104.)  Work is a necessity, but ideally it is to be kept to a minimum.

 

The parallel suggests that the prohibition of work during this period is to free the mourner for the challenge of mourning.  This week is devoted to rebuilding the self and to reconciliating one's self to the departure of the beloved relative - even Torah study is forbidden to prevent distraction from this central task.  If the bereaved becomes absorbed in work, this may help comfort him and help him to forget his mourning, but this is exactly what we want to avoid.  The mourner must overcome his loss, not ignore or forget it.

 

THE FIRST THREE DAYS

 

The prohibition on work is particularly severe during the first three days, when the mourner may not even work for subsistence.  Two explanations are given for this stringency. One explanation is directly related to the explanation of the work prohibition in general.  Of the seven days of mourning, the first three are particularly devoted to weeping (Yalkut Shimoni on Yirmiyahu 22:10.)  When a person goes to work he is not able to weep appropriately (Ra'avad, cited in Prisha YD 380:1.)

 

The Yerushalmi explains that the first three days are distinguished because during these days the soul still lingers about the body, wondering if it may be called to return to it (Yerushalmi Mo'ed Katan 3:5.)  It seems that the soul is comforted by the mourning of the bereaved relative and by the consolation of visitors, which would be interrupted by occupation with workday tasks.  The praises of the mourners and their visitors, and their efforts to make meaning of the life of the departed, are a consolation for the soul of the deceased as well.

 

WORK DONE ON BEHALF OF THE MOURNER

 

Not only is the mourner forbidden to work, others are forbidden to do work for him during the first week of mourning - unless there is an urgent need.  One way of understanding this is that the mourner's possessions should also be idle during the week of mourning, as a symbol of the mourner's own inactivity.  This also is a way of informing the largest number of people of the mourning; when they see that the mourner doesn't come to work, or isn't in his field, or store or the like, they become aware of his situation.  This may move them to console him, and in this way the number of individuals who are apprised of the death, and who express sympathy for the departed and his or her relatives, is as great as possible.

 

 

CHAPTER 209 - PROHIBITION ON GROOMING

 

After the tragic death of Nadav and Avi'hu, Aharon and the remaining sons are commanded to continue officiating as Kohanim (priests), rather than conducting themselves as mourners (Vayikra 10:6.)  Since the Kohanim are prohibited from letting their hair grow, we learn that regular mourners are forbidden to cut their hair (Mo'ed Katan 14b, SA YD 390:1.)

 

Other prohibitions applying to mourners include wearing leather shoes (YD 382), sitting on high chairs (YD 387), and wearing laundered garments (YD 389).  Shoes, chairs, neat clothes, and trimmed hair are four habits particularly related to our sense of dignity and elevation. 

 

This is evident from a halakhic point of view by the fact that all of these are considered part of the special honor of kings.  Three of these aspects are mentioned together explicitly by Maimonides: "The king takes a haircut every day, and grooms and adorns himself with attractive and glorious clothes, as it is said "The king in his beauty shall your eyes see"; and he sits on a royal throne in his palace" (Rambam Melakhim 2:5.)

 

The dishonor of going barefoot is also implied in the same chapter: "And he does not remove his shoe [in the Chalitza ceremony] as it is said 'she spits in his face,' and this is a disgrace" (ibid. Melakhim 2:3.)  Not only the spitting but also the shoe removal itself is considered a disgrace.  ["Chalitza" is the ceremony whereby the mitzva of "Yibum" – marrying the wife of a childless brother – is rejected.  It includes removal of the shoe and spitting.]

 

Another relevant halakhic parallel is the laws of Yom Tov, when we are supposed to look our best.  Cutting the hair and washing clothes are forbidden on Chol Ha-Mo'ed (the intermediary days of Yom Tov) so that we will be sure to make these preparations for Yom Tov itself (SA OC 521 and 534.)  The parallel between Chol Ha-Mo'ed and mourning - which essentially reflects the idea that mourning is the opposite of a holiday - is expressed in the placement of the laws of mourning in tractate Mo'ed Katan which deals with Chol Ha-Mo'ed.

 

SYMBOLISM OF SHOES

 

Apart from their evident importance for grooming, shoes have a particular symbolism in Chassidic thought which is also relevant.

 

Shoes in our tradition have a paradoxical double symbolism.  On the one hand, REMOVING shoes is often a sign of spiritual elevation.  For instance, both Moshe and Joshua on encountering the Divine Presence were commanded to remove their shoes (Shemot 3:5, Yehoshua 5:15.)  The Kohanim are forbidden to wear shoes in the Temple, and even nowadays when they ascend to make the priestly blessing (Chapter 100.)  Wearing shoes on the Temple mount was considered disrespectful even for ordinary Jews (Berakhot 54a.)  And as Yom Kippur enters, we remove our shoes as we are likened to the angels (Chapter 133.)

 

On the other hand, WEARING shoes is a sign of our special human dignity.  For this reason the mourner removes his shoes, as we all do for the mourning of Tisha B'Av (chapter 123).  The brother-in-law who refuses to marry his childless brother's widow is disgraced with the removal of his shoes (Devarim 25:10.)  The left shoe is removed first, to show that we are reluctant to remove our shoes; and a special blessing is made specifically on the wearing of shoes: "Who has made for me all of my needs."  Our Sages said that a person should sell even the beams of his house in order to buy shoes (Chapter 3; Shabbat 129a.)

 

Several commentators explain this dichotomy by pointing out that shoes are a manner of insulation from the ground.  Normally, the ground is a symbol of lowliness; wearing shoes emphasizes that while we are supported by the earth, we nonetheless stand above it and are distinguished from it.  But on the contrary, wherever the Divine Presence dwells, we do not seek to be separated from the ground but rather desire to be connected to it.  We may add that when personally on a low spiritual level we require this protection, but when we experience a spiritual elevation we rise above our material natures, and are no longer threatened by the proximity of the earth.

 

The teachings of Rav Nachman of Breslav connect this further to the curse of the earth.  Originally the entire world was the abode of the Shekhina (Divine Presence.)  But the sin of Adam and Eve, compounding the earlier sin of the earth, led to the earth being cursed (Bereishit 3:17-19.)  This is when God prepared garments of leather for Adam and Eve (Bereishit 3:21) – which this approach identifies with shoes - the garment most connected with leather throughout the ages and especially in the halakha, where a non-leather shoe is usually not considered a shoe at all. 

 

But in a place where Hashem succeeds in infusing His presence, or at a time when we are able to partially overcome the sin of Adam and gain repentance, then we are no longer in need of these garments of "or" (leather).  Rather, we merit the garments of "or" (light) mentioned in the Midrash (Bereishit Rabba) - the Zohar (Bereishit, I:36b) tells us that these were the original garments prepared for mankind.

 

(Based on Likutei Halakhot, Yibbum 3:8-9.