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...
Nidda – The Status of Stains Found on Colored Garments
Immersing in a Mikveh With Long Nails and Nail Polish (Part 2)
Immersing in a Mikveh With Long Nails and Nail Polish (Part 1)
If a Woman Did Not Immerse In The Mikveh on the Night After the Seventh Day
May a Woman Immerse in the Mikveh Before Sundown on the Seventh Day?
When May a Woman Begin Counting the Seven “Clean Days”?
If No Wine is Available Under the Hupa; The Recitation of Birkat Erusin
The Custom to Refrain From Eating Meat On the Day of Immersion In A Mikveh
Weddings in Synagogues
Laws and Customs of the Meal at a Wedding
Does the Officiating Rabbi Drink the Wine Under the Hupa?
Who Has the Right to Choose the Officiating Rabbi at a Wedding?
If the Sheba Berachot Were Recited Out of Order
The Great Rewards of Hachnasat Kalla – Helping a Couple Marry and Build a Home
Must the Hatan’s Family Lineage Appear in the Ketuba?
Page of 239
3585 Halachot found