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...
May A Seller Compensate For Partial Defect Or Must He Issue Full Refund?
Does A Purchaser Have The Right To Return A Defective Item
Damages Caused to a Car That is Blocking a Driveway or a Street
The Status of a Witness Who Received Money to Testify
Which Transgressions Render a Person Disqualified From Serving as a Witness?
Why are Women Disqualified From Serving as Witnesses?
May a Sinner Serve as a Witness If He Thought He Was Doing a Misva When He Sinned?
The Disqualification of “Shameless” People From Serving as Witnesses
Who is Disqualified From Serving as a Witness?
Watching a Lost Item Until it is Returned to its Owner
Who Keeps Money That is Found in a Private Backyard, or in a Store?
Returning and Claiming Lost Items
Hashabat Abeda – The Obligation to Return Lost Objects
Reading “Shenayim Mikra Ve’ehad Targum”
The Importance of Avoiding Anger
Page of 239
3585 Halachot found