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...
Yom Kippur-Kohanim &Levi’im Washing Their Hands
Yom Kippur: The Prohibitions of Melacha, Eating and Drinking
Yom Kippur-Halachot of Eating and Smelling
Reciting the Beracha Over a Candle on Mosa'e Yom Kippur
Yom Kippur – May Somebody Receive an Aliya or Serve as Hazzan if He Needs to Eat or Drink
When Does Yom Kippur Begin?
If One Must Eat on Yom Kippur
The Yom Kippur Fast – Guidelines For a Woman Who Has Just Given Birth
Kapparot For a Pregnant Woman
Yom Kippur- What if a Person Faints on Yom Kippur?
Yom Kippur- How Much should a Sick Person Drink on Yom Kippur?
How is a Brit Milah Performed on Yom Kippur?
Yom Kippur- When Can Those With Heart and Kidney Conditions, Diabetics and Those Recovering from Surgery Eat?
Yom Kippur: Kiddush for One who Eats if Yom Kippur Falls Out on Shabbat?
The Yom Kippur Eve Prayer Service When it Falls on Friday Night
Page of 239
3585 Halachot found