גמילות חסדים

(2) Shimon the Righteous was one of the last of the men of the great assembly. He used to say: the world stands upon three things: the Torah, the Temple service, and the practice of acts of piety.

(1) These are the things that have no definite quantity: The corners [of the field]. First-fruits; [The offerings brought] on appearing [at the Temple on the three pilgrimage festivals]. The performance of righteous deeds; And the study of the torah. The following are the things for which a man enjoys the fruits in this world while the principal remains for him in the world to come: Honoring one’s father and mother; The performance of righteous deeds; And the making of peace between a person and his friend; And the study of the torah is equal to them all.

(15) The explanation [of the questions raised above] is to be found in the light of what Rabbi Chaim Vital wrote in Shaar HaKedushah [and in Etz Chaim, Portal 50, ch. 2] that in every Jew, whether righteous or wicked, are two souls, as it is written,26 Hebrew text should read וכדכתיב instead of דכתיב as amended (see Luach HaTikkun), because the Biblical text is here only loosely interpreted, for the word “souls” refers to the collective noun, not to two souls. “The neshamot (souls) which I have made,”27 Isaiah 57:16. [alluding to] two souls. There is one soul which originates in the kelipah and sitra achara, [and] which is clothed in the blood of a human being, giving life to the body, as is written, “For the life of the flesh is in the blood.”28 Leviticus 17:11. From it stem all the evil characteristics deriving from the four evil elements which are contained in it. These are: anger and pride, which emanate from the element of Fire, the nature of which is to rise upward; the appetite for pleasures—from the element of Water, for water makes to grow all kinds of enjoyment; frivolity and scoffing, boasting and idle talk from the element of Air; and sloth and melancholy—from the element of Earth.

(16) From this soul stems also the good characteristics which are to be found in the innate nature of all Israel, such as mercy and benevolence.

(17) For in the case of Israel, this soul of the kelipah is derived from kelipat nogah, which also contains good, as it originates in the esoteric “tree of Knowledge of Good and Evil.”29 Cf. Zohar I:12b.

§ The mishna teaches that everyone, not only an executed transgressor, must be buried on the day of his death, if that is at all possible. Rabbi Yoḥanan says in the name of Rabbi Shimon bar Yoḥai: From where is it derived that one who leaves his deceased relative overnight without burying him transgresses a prohibition? The verse states: “But you shall bury him [kavor tikberennu]” (Deuteronomy 21:23), doubling the verb for emphasis. From here it is derived that one who leaves his deceased relative overnight without burying him transgresses a prohibition. There are those who say that Rabbi Yoḥanan says in the name of Rabbi Shimon bar Yoḥai: From where in the Torah is there a hint to the mitzva of burial? The verse states: “But you shall bury him [kavor tikberennu],” doubling the verb for emphasis. From here there is a hint to the mitzva of burial in the Torah. The Gemara relates: King Shapur, the monarch of Persia, once said to Rav Ḥama: From where in the Torah is there a hint to the mitzva of burial? What proof is there that the dead must be buried and not treated in some other manner? Rav Ḥama was silent and said nothing to him, as he could not find a suitable source. Rav Aḥa bar Ya’akov said: The world has been handed over to the foolish, as Rav Ḥama should have said to King Shapur that the mitzva of burial is derived from the verse: “But you shall bury him” (Deuteronomy 21:23). The Gemara explains: In that case, King Shapur could have replied that the verse merely proves that a coffin should be made for the deceased so that he can be placed in it, not that the deceased should be buried in the ground, as the verse could be understood as instructing that the corpse be placed in some sort of receptacle, not in the ground. The Gemara challenges: Rav Ḥama could still have claimed that the mitzva of burial is derived from the doubled verb “you shall bury him [kavor tikberennu].” The Gemara answers: In that case, King Shapur could have replied that he does not learn anything from a doubled verb, which seems to be merely a stylistic choice and not the source of a new halakha. The Gemara asks: But let Rav Ḥama say that the mitzva to bury the dead is derived from the fact that the righteous forefathers, Abraham, Isaac, and Jacob, were all buried. The Gemara answers: King Shapur could have said that this was merely a custom of the time, but not a mitzva. The Gemara asks: Rav Ḥama could have derived the mitzva from the fact that the Holy One, Blessed be He, buried Moses, which proves that this is the proper way to handle the dead. The Gemara answers: King Shapur could still have said that God acted in this manner in order not to deviate from the general custom, but this does not prove that burying the dead is a mitzva. The Gemara suggests: Come and hear a proof that burying the dead is a mitzva, as the prophet Ahijah the Shilonite said about Abijah, son of Jeroboam: “And all Israel shall eulogize him and bury him” (I Kings 14:13). The Gemara answers: From here, too, there is no proof, as they may have buried Abijah in order not to deviate from the general custom of the world, and not because they were required to do so. The Gemara proposes another proof: Jeremiah pronounced a curse upon the wicked, saying: “They shall not be eulogized, nor shall they be buried; but they shall be as dung upon the face of the earth” (Jeremiah 16:4), which proves that when no curse has been pronounced, the dead should be buried. The Gemara rejects this proof: From here, too, there is no proof that it is a mitzva to bury the dead, as Jeremiah cursed the wicked, saying that they would deviate from the general custom and not be buried. Due to all these difficulties, Rav Ḥama was unable to adduce incontrovertible proof that there is a mitzva to bury the dead.

(1) The prohibition of leaving over the dead.

It is learnt is Sanhedrin 46a: Rabbi Yochanan said in the name of Rabbi Shimon bar Yochai: All who leave a corpse overnight transgresses a negative commandment, as it is stated: "For you shall surely bury him on that day, you shal not leave his corpse." That is to say, on top of the positive commandment that "they shall surely be buried on that day," one would also a negative commandment, transgressing both a positive and negative commandment. There are those who say that one would only be transgressing a negative commandment, and the positive commandment is only applicable for someone sentenced to death, as it is implied by the Rambam in the 15th chapter of Sanhedrin law 8, where he rights: it is a positive commandment to bury someone sentenced to death on that very day, as it is stated, "for you shall surely bury..", and not only does this refer to those sentenced, but also in regards to all of those who leave someone unburied overnight transgresses a negative commandment."

However I don't understand then, if so then the negative commandment should only apply to not burying someone sentenced? As it is taught in a sifri, "do not leave over (the corpse) this is it's negative commandment, "for you shall surely bury" this is it's positive commandment. The matter requires further clarification.

(2) In places where there the governmental law is the body must wait three days, we wash them immediately, cloth them, and rest them as such until the third day, wrapped in shrouds over his clothing. Closer to their burial, we freshen them up again, as have already been explained in the end of chapter 352. And when one acts according to this governmental law, they have not transgressed, "do not leave a corpse overnight." for this prohibition would only be violated in conducted in a disgraceful manner.. As is expounded in the Sifri: "do not leave the corpse on the gallow" just as the gallow is disparaging towards him, so to any matter which would be disparaging."
Which would come to exclude if one were to leave them over in a respectful manner and prepare shrouds, or to amass a greater crows to escort him, or to make a coffin, or to bring wailers, or bring eulagizers, and the like, one would not transgress since thie intent is not for disgrace. Yet, in place where there is no such governmental law, and they delay for naught, one transgress " do not leave overnight." It is taught in a braisa in SImchas chapter 11: anyone who leaves overnight his departed, this is disgusting." And how much more so, one who is not delaying for burying Friday after noon. (Some are even in doubt of doing that.)

(3) All who hastily remove the departed from their beds, this is praiseworthy. However, this would be revolting for one to do this to their parents, it appears as though he's trying to get rid of them, unless, it were Friday afternoon or the eve prior to a festival where time is cut short, or rain is pouring on the bed, or the like. And similarly if one were to suddenly pass, one should not quickly bury them until he has confirmed they have indeed died, maybe they fainted.

(1) A poem of Ethan the Ezrahite. (2) I will sing of the LORD’s steadfast love forever;
to all generations I will proclaim Your semblance with my mouth. (3) I declare, “Your steadfast love confirms forever;
there in the heavens You establish Your faithfulness.”