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...
Drinking Liquor, Beer and Cognac During the Nine Days
Is it Permissible to Take Medication on Tisha B’Ab?
Tisha B’Ab – Must One Stand in Honor of His Father or Rabbi on Tisha B’Ab?
Tisha B’Av: Havdala When Tisha B’av is on Saturday Night
The Shabbat Meals When Shabbat is the Day Before Tisha B’Ab
When Does One Remove His Leather Shoes When Tisha B’Ab Begins on Mosa’eh Shabbat?
Should Children Under the Age of Bar Misva Fast on Tisha B’Ab?
The Nine Days – May One Eat Meat That is Left Over From Shabbat?
Mosa’eh Tisha B’Ab
Tisha B’Ab – Applying Skin Creams, Perfume and Deodorant
Tisha B’av: The Foods (Fish) At Seudat Hamafseket and the Seudah If One is Not Fasting on Tisha B’av
Tisha B’av- Showering During the Week of Tisha B’av
Tisha B’Ab – The Prohibition of Studying Torah
Freshly-Laundered Clothing When Tisha B’Ab Falls on Sunday
If a Boy Becomes Bar-Misva on Sunday, the 10th of Ab
Page of 239
3585 Halachot found