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...
May a Visitor from Israel Receive an Aliya on Yom Tob Sheni?
Is it Permissible for One To Prepare Foods On Yom Tov Even If The One Preparing Will Not Eat It
Yom Tov- Is It Permissible To Invite A Mehalel (Transgressor) Shabbat To Your Home for A Seuda On Yom Tov
Yom Tob Candle Lighting
Immersing in a Mikveh on Ereb Yom Tob
Must Women Light Candles After Dark on the Second Night of Yom Tob?
Preparing on Yom Tob for Shabbat With an Erub Tabshilin
Preparing Fruit Juice on Yom Tob
Preparing Dough on Yom Tob
Visitors in Israel on Yom Tob Sheni
Plumbing Repairs on Hol Ha’mo’ed
Repairing Kitchen Appliances During Hol Ha’mo’ed
Construction During Hol Ha’mo’ed
May a Jew Who Visits Israel on Yom Tob Ask an Israeli to Perform Melacha on the Second Day?
Erub Tabshilin – When Can One Rely on the Rabbi’s Erub?
Page of 239
3585 Halachot found