When somebody passes away during Yom Tob or Hol Ha’mo’ed, the family members do not begin the Shiba mourning period until after the conclusion of the Yom Tob. What is there status in the interim, after the burial? Which, if any, of the restrictions of Abelut (mourning) apply during the holiday, before they begin sitting Shiba?
The Shulhan Aruch (Orah Haim 548) distinguishes between "Devarim She’be’farhesya" – public matters – and "Devarim She’be’sin’a" – private matters. Public mourning practices are not allowed during the holiday, and thus no restrictions which affect one’s public conduct apply. Privately, however, the laws of mourning are applicable, even though the formal Shiba observance has not yet begun. Thus, it is forbidden for a mourner in such a case to take a hot shower or engage in marital relations, as the observance of these restrictions is a private matter and is not noticeable to the public. The Mishna Berura (Rav Yisrael Meir Kagan of Radin, 1839-1933) writes that by the same token, a mourner in this case may not study Torah. Hacham Ovadia Yosef, however (in Hilchot Abelut, vol. 3, p. 131), allows a mourner to learn Torah in this case, due to two Halachic uncertainties that are at play. First, some authorities regard Torah study as a public matter, as opposed to a private matter. Additionally, the Rambam (Rabbi Moshe Maimonides, Spain-Egypt, 1135-1204) maintained that no mourning restrictions apply at all during the holiday. Although we do not follow this view, it nevertheless allows us to apply the rule of "Sefek Sefeka" ("double doubt") and thus allow a mourner to learn Torah in such a case. (This is also the view of the Kaf Ha’haim (548:17).)
The Mishna Berura writes that it is improper for a mourner in this situation to receive an Aliya to the Torah. Although this is not technically forbidden, it is preferable for the mourner not to be called to the Torah in the synagogue.
Regarding Hakafot on Simhat Torah, Hacham Ovadia writes that a mourner in this situation may walk around the synagogue with a Sefer Torah, but he should not dance. He may participate in the Hakafot with the Lulab and Etrog on Sukkot, but may not participate in Simhat Bet Ha’sho’eba celebrations, unless he is a prominent individual whose absence would be felt by the people in attendance, in which case he may participate.
Summary: If a person passes away, Heaven forbid, during Yom Tob or Hol Ha’mo’ed, the family members do not begin Shiba until after the holiday. In the interim, they observe private mourning restrictions, and are thus forbidden from taking hot showers and engaging in marital relations. They may participate in the Hakafot on Sukkot and Simhat Torah, but should refrain from dancing and festivities, except in the case of a prominent person whose absence from a festive event would be felt by those in attendance. A mourner in this situation should not receive an Aliya in the synagogue.
