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...
Rosh Hashana- Is it Proper to Cry During the Rosh Hashanah Prayers?
Talking in Between the Shofar Blasts
Reciting Shehehiyanu Over a Grafted Fruit on Rosh Hashanah
Exemptions in a Case of a Deferred Fast Day
Rosh Hashana- Blowing the Shebarim and Shebarim-Teru’a Sounds in a Single Breath
Rosh Hashana- A Berit Mila Held on Rosh Hashanah
What Are The Required Qualifications To Be Appointed As Hazan For The High Holiday Services
Why Do We Always Make the Beracha of Shehechiynau After The Beracha of The Mitzvah, For Example As Done On The Shofar On Rosh Hashana
Rosh Hashana- Some Laws Regarding Musaf Including The Topic of Ladies Praying Musaf Or Not
Rosh Hashana- Is It Permissible To Blow The Shofar On Rosh Hashana After Shul, After The Required Tikeeot Are Sounded
Rosh Hashana- The Correct Time for Tashlich & Tashlich on Shabbat
Rosh Hashana- Understanding The Custom of Tashlich
Eating Bread in the Sukka on the First Night of Sukkot; Eating on Erev Sukkot; Rainfall on the First Night of Sukkot
Succot- How Does One Choose a Kosher Etrog?
How does one Choose Hadasim?
Page of 239
3585 Halachot found