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Rabbi Gidon Rothstein
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Rabbi Gidon Rothstein's Halakhah in Brief #32

Yahrzeits on Days that Disappear

Let’s try for less controversy this week by discussing a topic that is purely halakhic, and dependent only on the vagaries of the Jewish calendar— what to do with a Yahrzeit on days that disappear, a concept we’ll explain in a moment. First, let us remember the significance of Yahrzeit for the relatives of the deceased; they say Kaddish on that day, many fast, many learn Mishnayot for the merit of the departed, many visit the gravesite on that day, and many light a Yahrzeit candle to commemorate the day.

Days that disappear are days that can happen in some years, but not in others. In the non-Jewish calendar, Feb. 29th is the only such day, and people have fun describing themselves as 1/4 their actual age. In halakhah, though, events that occur on such days can have meaning for various purposes, one of the most relevant being commemorating a yahrzeit. What are the days that disappear— our February 29th— in Judaism (Home Quiz: Pause here, and see if you can name them without looking ahead)? One such day we just celebrated, the second day of Rosh Hodesh Tevet. In the calendar, the months of Heshvan and/or Kislev sometimes have 29 and sometimes have 30 days (all the other months are fixed, on an alternating basis, with one month having 29 and the next having thirty). What happens if someone, rahmana litslan, goes to his or her eternal reward during ayear when there is only one day of Rosh Hodesh and the next year there are two? Alternatively, what if the date of passing was the thirtieth day of the month of Kislev?

A similar issue arises with the month of Adar. 7 times every nineteen years, the Jewish calendar adds a month to help the lunar calendar we observe calibrate better with the solar calendar that marks the seasons (I think it’s years 3,6, 8, 11, 14, 17, and 19 of the cycle, but I have trouble remembering). Here, of course, the question only arises one way— if a person passes away in a leap year, on a regular year, the Yahrzeit would be commemorated on that day of the single month of Adar. But what about someone who passed away on a regular year? How would the children observe Yahrzeit on a leap year (such as this one)?

In terms of 2 months of Adar, the answer is fairly simple. The Shulhan Arukh believes that the 2nd month of Adar is the one we should observe the Yahrzeit in (if the year of death had only one Adar), while the Rema (meaning Ashkenazim) rules that we observe the first. Following the Rema, all those who have Yahrzeit in the Adar of a plain year would observe it on the corresponding date in the first Adar. Some authorities believe that one should go beyond the strict requirements and fast (and perform the other observances of Yahrzeit) in both months. Certainly if someone observed both months on the first Yahrzeit, that person is obligated to observe both days for all time, unless they are matir neder, they annul their implicit vow to observe both months. Even if one does this, however, personal humra cannot be used to arrogate to oneself the right to lead the services if there are other hiyyuvim (other people who are vying for the right to lead the community as part of their observances in honor of departed relatives) present.

In terms of months of variable length, if the petira was in a year when there was only one day of Rosh Hodesh,in a year when there are two days, the relatives would observe the second day, which is counted on the calendar as the first day of the new month.Where Yahrzeit was on the first day of Rosh Hodesh, the question becomes how we conceive of the first day of a two day Rosh Hodesh. Calendrically, that day is the thirtieth day of the previous month, so we need to discuss whether that day is seen by halakhah primarily as the last day of the previous month or as a day of Rosh Hodesh. If we decide that is a day of Rosh Hodesh, then we should observe the Yahrzeit on Rosh Hodesh in subsequent years.

Here, we pasqen that the following year determines our practice. If in the following year Rosh Hodesh is also two days— so that obviously we would commemorate the Yahrzeit on the first day of Rosh Hodesh, since that is the exact day of the person’s passing— that establishes the Yahrzeit as a day of Rosh Hodesh, and in future years the relatives would observe Yahrzeit on Rosh Hodesh. If, however, the following year is not a two-day Rosh Hodesh, then the Yahrzeit would be observed, from then on, on the 29th day of the previous month.

This is an interesting ruling, because it suggests that the first day of Rosh Hodesh’s status as part of the new month is very tentative. Only if the person has observed a Yahrzeit on a Rosh Hodesh day (and Yahrzeit observances change on Rosh Hodesh— e.g., Rosh Hodesh is one of those days where we do not fast for a Yahrzeit, so the relative will have established his Yahrzeit observance as not including fasting) do we then consider this Yahrzeit to be a Rosh Hodesh one. Otherwise, the first day of Rosh Hodesh remains part of the previous month, and Yahrzeit would be observed in that earlier month. With best wishes to all those who observe Yahrzeits in this and any other month, and wishes of health and happiness who are blessed not to have Yahrzeits to observe, Shabbat Shalom.

IF YOU NOTICE ANY ERRORS IN THIS PRESENTATION, PLEASE BRING THEM TO MY ATTENTION.

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