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...
The Beracha Recited Over Coffee; The Status of Coffee Prepared by a Gentile
The Beracha on Bread Made From Sprouted Wheat
Reciting a Beracha Upon Seeing Majestic Mountains
Birkat Ha’re’ah
The Beracha When Eating Spices; The Beracha Over Chocolate
If One Is Unsure If He Recited Birkat Hamazon
If One Wants to Continue Eating after Washing Mayim Aharonim or Preparing for Birkat Hamazon
Reciting Birchot Ha’shahar Aloud So Others Can Answer “Amen”
Situations That Require Hand Washing
Netilat Yadayim in the Morning If One Arises Before Daybreak
Netilat Yadayim in the Morning if One Went to Sleep After Hasot
Netilat Yadayim When One Hand is in a Cast
Using a Disposable Cup for Kiddush and Netilat Yadayim
Using a Sink for the Morning Hand Washing
May One Wash Netilat Yadayim in the Restroom?
Page of 239
3585 Halachot found