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 Special Month of Adar
2 Halachot on Purim: Seudat Purim, and Minha Purim
Purim-Halachot for Purim Day
Purim on Mosa’eh Shabbat – Hearing the Megila Before the Time of Rabbenu Tam
Purim- The Beracha After Reading the Megillah
Purim- The Proper Reading of the Megillah
Purim: The Layout of the Megillah
Purim: The Stick of the Megillah
Purim: Unraveling the Megillah
Purim: Is it Possible to Observe Two Days of Purim?
Purim: Night or Day: Which Megila Reading is More Important?
Purim: Do Mixed Nuts Qualify as Mishloach Manot?
Purim –Matanot La’ebyonim That Will be Given to Poor People in Jerusalem on the 15th of Adar
Performing a Berit Mila on Purim
Purim – The Reason for the Special Status of Walled Cities
Page of 239
3585 Halachot found