Siman 396שצ״ו
1 א

דין אבל שלא נהג אבלותו כל שבעה. ובו ג' סעיפים:
אבל שלא נהג אבלותו תוך שבעה בין בשוגג בין במזיד משלים אותו כל שלשים חוץ מהקריעה שאם לא קרע בשעת חימום אינו קורע אלא תוך שבעה חוץ מאביו ואמו שקורע אפילו לאחר שבעה:

A mourner who did not observe his mourning rites during the seven [days of mourning], whether inadvertently or wilfully,1Or in the case of an unavoidable interference through no fault of his own — A.H. may make up for it2Lit. ‘complete.’ e., the mourning rites. during the entire thirty [days of mourning] save for the rending of garments3 supra § 340, 18. [concerning which the law is] that if he did not rend garments at the moment of excitement,4Immediately after death. he may rend only during the seven days [of mourning] save [in the case of] his father or mother [the law is] that he may rend even after the seven days [of mourning].5Tur on the authority of RaBaD, derived from M.K. 20a where it is stated that if one observed the rite of overturning the couch three days prior to a Festival, he is not required to overturn it any more after the Festival. Since it states (M.K. ibid.) ‘if one observed’ and it does not say, ‘one who buried his dead three days prior to the Festival,’ RaBaD infers that only if the mourner observed mourning rites before the Festival is the mourning period interrupted by the intervening Festival, but not otherwise. Consequently, the mourning rites must be observed after the Festival. However, this excludes rending of garments which must be done immediately after death from the moment of excitement’ (שעת חימום), and the entire seven days are considered a ‘moment of excitement.’ Hence, the ruling here. Thus also Asheri and N in T.H. One who was ill or was not in a normal state of mind at the time his near-of-kin died and consequently, did not rend garments, should rend his garments when he becomes well again, even during the entire thirty days, for when he ultimately becomes aware of his loss, it is considered for him a moment of excitement — ShaK, BaḤ and A.H. Ba’er Heteb and Naḥ. Ẓebi.

2 ב

במה דברים אמורים בשלא נהג אבלות כלל כל שבעה אבל אם זלזל במקצת הימים ולא נהג בהם אבלות כגון מי שאמרו לו שמת לו מת ביום הא' והיה בעיר אחרת ולא נהג אבלות וביום השני בא לעירו ונהג אבלות אין צריך להשלים ומונה שבעה מיום הראשון:

This6The ruling in par. 1 supra. applies only if he did not observe mourning rites at all for the entire seven [days of mourning], but if he was neglectful in [the observance of] some days during which he did not observe mourning rites, e.g., one who was informed on the first day that he suffered a bereavement, and [at the time this was reported to him] he was in another town and did not observe mourning rites,7The same applies even if he were in the same town — A.H. and on the second day he arrived in his own town and observed mourning rites, — [the law is that] he is not required to complete [the days of mourning that he missed], but counts the seven days from the first day.8Tur citing Asheri Resp. If one was informed that he suffered a bereavement and then commenced mourning rites, after which this report was denied, and consequently, he discontinued the observance of mourning rites, but then he was again informed that the original death report was correct, the law is that although on account of the denial he neglected the observance of mourning during some of the seven days, nevertheless, the days missed are counted in the seven days of mourning. Likewise, if one received a report that his father died and a relative of his informed him that the death report was incorrect and after two days elapsed the relative informed him that the original report was correct, the law is that the mourner counts from the time he received the first death report — P.Tesh.

3 ג

קטן שמת אביו ואמו ואפילו הגדיל תוך שבעה בטל ממנו כל דין אבלות ואינו חייב בו :

A minor9Mourning does not obtain in the case of a minor. M.K. 14b and cf. Pes. 93a s.v. וכן קטן; San. 47b. s.v. הלכך הואיל. whose father or/and mother died, even if he became of age within the seven [days of mourning], — the entire law of mourning lapses from him10On this question there is a difference of opinion between R. Meir of Rothenberg and his disciple Asheri. According to the former mourning does not obtain in the case of a minor, but he must count the seven and thirty days of mourning and thus observe mourning rites from the moment he becomes of age. The latter, however, exempts him even when he becomes of age (thus ruling of Caro here), since mourning did not apply to him at the time of burial. This is not to be compared to a Festival, in which case mourning is postponed until after the Festival (v. infra § 399), for in the latter case the individual proper was obligated to observe mourning rites, only that the Festival interrupts this. Moreover, on a Festival private mourning is still observed. Nor is this case be compared to the law of Habdalah with respect to a mourner (v. supra § 341, 23 and notes), for the Habdalah prayer may be recited during the first three days of the week (v. ibid.), whereas mourning rites take effect from the moment the tomb is closed by the Golel, and since at that moment the minor was exempt, mourning no longer takes effect. TaZ for lengthy discussion on this ruling who finally agrees with Caro. and he is not obligated therein.11The twelve month period, however, should be observed by the minor who became of age after burial, since this is done out of deference to one’s parents and is considered an independent mourning rite not connected with the seven and thirty days of mourning. Consequently, it does not depend upon the closing of the tomb by the GolelA.H. As to rending of garments in the case of a minor, v. supra § 340, 27.