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...
Opening New Bottles on Shabbat
Meals on Erev Shabbat
Sending Mail Before Shabbat
Practical Applications of the Shabbat Prohibition of "Me'abeid"
Removing Dirt from a Garment on Shabbat
May a Man Wear a Ring in a Public Domain on Shabbat?
Is It Permissible On Shabbat To Visit A House Under Construction Or Renovation
Is It Permissible On Shabbat To Wear 2 Of the Same Garments Such As 2 Belts
Is It Permissible On Shabbat To Go To A Bus or Train Terminal With Plans On Getting On The Bus or Train After Shabbat
Walking in a Public Domain on Shabbat With Pebbles or Sand in One's Shoes
Tosefet Shabbat: Accepting Shabbat Several Minutes Before Sunset
The Woman's Obligation to Light the Shabbat Candles
May a Woman Walk in a Public Domain on Shabbat With a "Moch Dachuk"?
The Prohibition of "Tzad" (Trapping) on Shabbat -It Permissible To Lock A Child In A Room On Shabbat
Talking or Thinking About One's Business on Shabbat
Page of 239
3585 Halachot found