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...
Affixing Mezuzot in a Short-Term Rental
Wearing the Tefillin Shel Rosh Over a Toupee
The Definition of "Left-handed" for Purposes of Tefillin
Tefillin – Looking at the Tefillin Shel Rosh Before Placing It on the Head; When to Remove the Tefillin Shel Rosh From Its Bag; The Earliest Time for Tefillin
If a Person Mistakenly Removed His Tallit From its Bag Before the Tefillin
Does One Wear Tefillin Shel Yad if His Arm is in a Cast?
Must One Wear Specifically a Woolen Tallit Katan?
The Proper Position of a Mezuza on the Doorpost
The Beracha of Yoser Or – Touching the Tefillin, and Punctuating the Phrase, “Be’safa Berura U’bi’n’ima Kedusha”
The Leather Used for the Parchment Inside the Tefillin and the Tefillin Boxes
Elul - Wishing “Le’Shana Toba” in Written Correspondence, Checking Tefillin and Mezuzot
Speaking, Answering “Amen” and Gesturing While Putting On Tefillin
Using a Mirror to Check the Placement of One’s Tefillin
The Importance of the Misva of Tefillin
One Who Mistakenly Recited “Barech Alenu” in the Amida Instead of “Barechenu”
Page of 239
3585 Halachot found