An interesting Halachic question arises in the unfortunate case of somebody who is in the period of Aninut – between the death and burial of a family member – on the second night of Pesah. This can occur if, for example, the family member passes away on the first day of Pesah, and the family members are thus in the midst of Aninut during the second Seder that night. Generally speaking, an Onen (person observing Aninut) is exempt from all Misvot, because he is to focus his attention on the burial needs of the deceased. This applies even at nighttime, even in places (such as New York) where funerals are not held at night. Despite the fact that the burial will not take place until the next day, family members observe Aninut and are exempt from Misvot. (See Rav Shemuel Pinhasi’s Haim Ve’hesed, p. 57, and listen to audio recording for precise citation.)
Does this apply at the night of the Seder, or is an exception made because of the holiday?
At first glance, we might assume that this depends upon the community’s practice vis-à-vis burial on the second day of Yom Tob. The custom among Syrian Jews is to perform burials on Yom Tob Sheni, and thus it would seem that since preparations are being made, the family members have the status of Onen and are exempt from Misvot, just as in ordinary situations of Aninut. Most other communities, however, do not bury until Hol Ha’mo’ed, and thus it would seem that Aninut does not apply until after the second day of Yom Yob.
In truth, different many different opinions exist in this regard. The work Bet David (Yoreh De’a 166) rules that in a community where burials are performed by Jews on Yom Tob Sheni, an Onen is absolved from Misvot on Yom Tob until the burial. The Shach (Rabbi Shabtai Hakohen, 1622-1663), in his commentary to Yoreh De’a (341:9), disagrees, and rules that Aninut does not apply even in such a case until after the second day of Yom Tob. In practice, Rav Shemuel Pinhasi concludes that in communities such as the Syrian Jewish community, where burials are performed on Yom Tob Sheni by non-Jews, and not by Jews, the family members should perform all the Misvot of the Seder – the four cups of wine, the Masa, the Marror, the Haggadah, and so on. However, given the differences of opinion that exist, they should not recite the Berachot over the Misvot, and should instead try to hear the Berachot recited by somebody else at the Seder. They should also try to listen to the reading of the Haggadah to fulfill their Misva of telling the story of the Exodus, rather than read the Haggadah themselves.
Summary: If, Heaven forbid, a person passes away on the first day of Pesah, and, in accordance with Syrian Jewish custom, the burial will be performed by non-Jews on the second day, the family members should nevertheless perform all the Misvot at the second Seder that night. However, they should not recite the Berachot, and should instead try to hear the Berachot – and also the Maggid – recited by somebody else.
