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...
Does Someone Count for a Minyan If He is in a Different Room?
Is There an Obligation to Live in Eretz Yisrael?
May a Woman Return Home From the Hospital on Shabbat After a “False Alarm”?
Revoking Rabbinic Edicts of Past Generations
Accompanying a Woman in Labor to the Hospital on Shabbat
May a Husband be Present During His Wife’s Labor and Delivery?
May Expectant Parents Find Out the Fetus’ Gender?
Is it Permissible to Pray for the Death of a Terminally Ill Patient Who is Suffering?
Using the Mother’s Name When Praying for a Sick Patient
“Opening One’s Mouth to the Satan”
Does One Recite Tefilat Ha’derech Before a Short Flight?
Customs to Observe After Experiencing a Miracle
The Beracha Recited Upon Entering a Cemetery
The Completion of the 13th Daf Yomi Cycle
May a Synagogue Have a Menorah With Seven Branches?
Page of 239
3585 Halachot found