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...
Reciting "She'hecheyanu" Upon Being Reunited With a Close Friend
Guidelines for When Food Falls and Becomes Inedible After One Recited the Beracha
Repeating the Beracha of Besamim After Birkat Ha'mazon
In The Event One Forgot To Say Birkat Hamazon or Me’en Shalosh And Left The Place Where He Ate
Making Berachot While Driving, or While Drying Hands Is Not Proper
Proper Concentration While Reciting a Beracha
Cleanliness During a Meal and The Importance of Reciting Berachot Before Eating
The Proper Beracha for Cereals Containing Both Corn and Grains
The Proper Beracha to Recite Over Rice Krispies, Puffed Rice, Rice Cakes, Hot Cereals and Granola
The Proper Beracha for Cereals Produced From Corn
What To Do if One Mistakenly Recited a Beracha Over Food on a Fast Day
Must One Wash His Hands if He Placed His Hands in the Restroom?
Situations Requiring One to Repeat Netilat Yadayim During a Meal
Berachot Order of Varying Types of Food & Fruit
Beracha Aharona for Fruit
Page of 239
3585 Halachot found