Shtisel 101, Session 21: "Working" During Shiva

§ The Sages taught: These are the activities that a mourner is prohibited from engaging in: He is prohibited from working, and from bathing, and from anointing himself with oil, and from engaging in sexual relations, and from wearing shoes. And he is prohibited from reading in the Torah, and in the Prophets, and in the Writings, and from studying in the Mishna, in the midrash, and in the halakhot, and in the Talmud, and in the aggadot. But if the public needs him to teach them these things, he need not refrain from doing so. There was an incident that the son of Rabbi Yosei died in Tzippori, and Rabbi Yosei entered the study hall and expounded there for the entire day.

§ The Gemara proceeds to the next topic: A mourner is prohibited from performing work, as it is written: “And I will turn your Festivals into mourning” (Amos 8:10). The Gemara infers: Just as a Festival is a time when it is prohibited to work, so too, a mourner is prohibited from performing work.

§ The Sages taught the following baraita: During the first three days after his bereavement, a mourner is prohibited from working, even if he is a poor person who is supported by charity. From this point forward, he may do work privately in his own home if he needs to do so. And similarly a woman may spin thread on a spindle in her own home when she is mourning.

There is a hint in the Torah to the ruling that a mourner is prohibited from performing work from the verse which states, "“And I will turn your Festivals into mourning” (Amos 8:10). The Gemara infers: Just as a Festival is a time when it is prohibited to work, so too, a mourner is prohibited from performing work. And just as it is forbidden for a mourner himself to do work, it is also forbidden to engage in commerce, or to travel for business.

(2) In what respect [is a mourner forbidden to engage] in work? During the whole of the first three days he is forbidden [to engage] in work, even [if he is] a poor man who is supported from charity; thereafter, if he is a poor man and he has nothing to eat, he does [his work] in privacy in his house; and a woman plies the spindle in her house;. but the Sages said, 'May a curse come upon his neighbours, who, [by not providing his maintenance] were the cause of his need to thus [engage in work].

(3) Just as he is forbidden to do work [during mourning] even so is he forbidden to engage in business or to go from one town to another with [his] wares.

(4) Even business that might be lost [if postponed]the mourner is forbidden to engage in, both he as well as his male and female slaves, his sons and daughters whose labour belongs to him.

(5) [The mourner] is forbidden to do his work through [the agency of] others, unless it is business that might be lost [if postponed], for any business that might be lost [if postponed], the mourner is permitted to contract it out to others; even if it is skilled work. Rama: And some say that if he is unable to do the work through [the agency of] others, and it is business that might be lost [if postponed, the mourner] is permitted to do [it] himself.

(8) One who has a monetary claim against others, and now [during the seven days of mourning] he is able to find them, but afterwards he is not able to find them, is permitted to send [other people] to them [in order to recover his debt].

(9) If he has a legal claim against another person, he should not summon [the latter to judgment] during the whole of the seven [days of mourning]. But if it is a matter which, [if postponed], entails a loss, e.g., if [the defendant] wishes to go to a foreign country, or his witnesses are ill, he may appoint a mandatory who litigates with him.