Lets 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 well
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 its 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 persons
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
Hodeshs 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.