DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 442 KB)
Burying a Newborn or Stillborn Infant

Is there an obligation to bury an infant who, Heaven forbid, was stillborn (meaning, who died at birth) or who died within a month of his or her birth?

The Gemara in Masechet Pesachim (9) tells the story of a woman who delivered a stillborn child and cast the child into a pit. The Hagahot Maimoni (glosses on the Rambam's "Mishneh Torah" by Rabbi Meir Ha'kohen, Germany, 13th century) deduces from this episode that a stillborn child does not, in fact, require burial. The Magen Avraham (classic commentary on the Shulchan Aruch by Rabbi Avraham Gombiner, 1633-1683), however, dismisses this view, arguing that to the contrary, the woman cast the infant into a pit to bury him/her. In the Magen Avraham's view, then, the obligation of burial applies even to newborns and even stillborns.

Rabbi Pinchasi, in his work, "Chayim Va'chesed," rules in accordance with the Magen Avraham's position, that one must bury an infant who dies within a month of birth or who was a stillborn, particularly, he adds, if the pregnancy went full-term. But even if the infant was born prematurely, the child must be buried in full compliance with all the standard laws of burial.

In summary, the obligation to bury a person who has passed on applies even to infants who died within a month after birth and even to stillborns, regardless of whether this occurred after a full-term pregnancy or in the earlier stages of pregnancy.

 


Recent Daily Halachot...
Does Boreh Nefashot Cancel Out a Shehakol if One Wants To Continue Drinking?
How Long Does the Beracha of Shehakol Last?
Berachot: Is Ice Cream Considered a Food or Beverage?
Must One Make New Berachot if He Went to the Facilities During a Meal?
Netilat Yadayim When One Uses the Restroom Immediately Before Eating Bread
Shinui Makom – Must One Recite a New Beracha After Going to the Restroom During a Meal?
Shinui Makom – If a Person Begins Eating at Home Right Before Leaving
Shinui Makom – Eating While Walking
Shinui Makom – If a Person Leaves an Apartment But Remains in the Building During a Meal
Shinui Makom – If a Person Moves From Room to Room
Shinui Makom – If a Person Left During a Meal Eaten With Other People
Shinui Makom – If One Left While Eating a Mezonot Food or a Fruit From the Seven Species
Shinui Makom – If One Leaves After Eating a “Boreh Nefashot” Food, or After Eating Less Than a Ke’zayit of Bread
Shinui Makom – If a Person Leaves His House During a Meal
Does The Beracha of HaMosi Cover Hard Liquor?
Page of 239
3585 Halachot found