[Avodah] A troubling halacha
Joseph Kaplan
jkaplan at tenzerlunin.com
Tue Nov 11 15:14:10 PST 2008
I'm over 60 years old and have been davening in MO shuls my whole
life. I have also been part of MO communities my whole life and have
come into contact many many many times with people who are going
through aveilut for relatives. And during that time I have seen most
people say kaddish for relatives other than parents even if there are
children saying kaddish for the deceased. It's my impression that the
vast majority of people I have come in contact with in this situation
do say kaddish, although only for 30 days.
I'm no expert in halacha and therefore cannot opine on what the
halacha says about this. But it seems to me that the current minhag
in the MO community is that people say kaddish for at least 30 days
for siblings, children and spouses even if there are children saying
kaddish as well. Indeed, I recall hearing (it may be an urban legend
but I have heard it a number of times from different people) that
RYBS said kaddish for his wife for a number of years following her
death and when asked why he said "it's the least I can do." That,
perhaps is the community R. Lamm was speaking about in his book. And
unless there's an issur in such a person saying kaddish, I think it's
an error to say that it's an *error* to say kaddish in this
situation. It may not be required and it may not have been the
custom in times past, but it certainly seems to be the custom in the
communities in which I was raised and in which I have lived for many
years.
One last personal note. In the past eight years my wife and I have
sat shiva for all four of our parents, together with our brothers and
sisters. The thought that had circumstances required one of us to be
in another country at the time of death and we would not have been
told of these events and would have been deprived if sitting shiva
together with the rest of our family (putting aside the issue of
kaddish and male and female differences in obligation) is simply
appalling. If it is the halacha, I guess it's the halacha, but that
doesn't make it any less appalling in my mind. I therefore hope that
there are those who say that there is more than one opinion of what
the halacha is in such a situation.
Joseph Kaplan
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