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...
Pesah: Selling an Entire Room That Contains Hames
Pesah- How Long Must One Wait Before Koshering Utensils?
Pesah: Must One Own the Massa to Fulfill the Misva?
Pesah-The Status of Hames After Pesah
Pesah- Paying for the Masa
Pesah- Bedikat Hames in a Hotel Room
Selling Hametz
Pesah – Breaking Off Undesirable Pieces of Masa
Kimha De’pis’ha – Donating to Charity Before Pesah
The Importance of Studying Torah During Hol Ha’mo’ed
Pesah – The Meaning of the Word “Afikoman”, Eating the Afikoman in One Place; If One Fell Asleep While Eating the Afikoman
Pesah- Halacha by Chief Rabbi Shlomo Amar
Pesah- The Misva of Maror
Pesah- The Fast on Erev Pesah
Pesah: Drinking After Afikoman
Page of 239
3585 Halachot found