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 Gil ben Tzvi z"l

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Halachot at the Time of Passing

The Halacha requires that family members of a "Gosess", someone on his deathbed, stay at his side, as their presence gives him "Nachat Ruach" (comfort) and insures that he not leave this world alone. The Sefer Hasidim (Rabbenu Yehuda HaHasid of Germany, d. 1217) writes that one should stay at the bedside, even if it will entail missing the time for Tefila. The Shulhan Shelomo adds that if a Kohen is the only person available, he should remain in the room, even though normally, he is prohibited from being in the same room with a "Gosess." If the patient is sleeping, the Kohen should exit.

It is not appropriate to cry in the patient’s presence, as this will cause him anguish.

The original custom was for all present, even non-relatives, at the time of death to perform "Keriah", ripping of the garments. The Nahar Misrayim (Rabbi Refael Aharon ben Shimon, Egypt, 1847-1928) rules that nowadays, the custom is not to do so. The Shulhan Gevoha (Rabbi Yosef Molcho, Greece, 1692-1768)explains that it would be too much for people to handle, as they would find themselves with no shirts on a cold day.

The Ma’avar Yabok (Rabbi Aharon Berachya of Modena, Italy, 17th Century) writes that at the actual time of death, the custom is to open the window and recite "Shema Yisrael" and "Hashem Melech, Hashem Malach," as well as "Hashem Hu HaElohim" seven times.

SUMMARY
One should remain in the room with a "Gosess" even if he will miss Tefila, and even if he is a Kohen.
Those who are not relatives of the deceased do not rend their garments, even if they were present at the time passing.

 


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