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...
Sisit: Closing the Sides of a Tallit
Sisit: Do Collared Shirts and Frocks Require Sisit?
Sisit: If a Corner of the Tallit Became Rounded
Sisit-Reciting a New Beracha After Removing the Tallit
Sisit: Must One Wear Sisit Over His Garments
Sisit: Checking the Strings Each Morning
“Lazut Sefatayim” – Avoiding Rumors and Suspicion
Ascertaining One’s Children’s Lineage
Honoring One’s Father in the Synagogue
The Obligation of “Ma’ake” – Building a Fence Around a Roof or Porch
Halachot at the Time of Passing
If a Person Marries a Mamzeret
If a Person Declares Himself a Mamzer
Choosing a Proper Spouse; Breaking an Engagement Due to Financial Considerations
Is it Permissible to Sell Pet Food?
Page of 239
3585 Halachot found