[Avodah] Kavod haMeis

[Micha Berger]

On Tue, Mar 15, 2011 at 10:15:42PM +0200, R Rafi Goldmeier wrote:
> On 15/3/2011 1:49 AM, Micha Berger wrote:
>> Is that due to publicizing the murder, or enraging the qehillah toward
>> murderers? Because the Rama adds that it is done for a woman who died in
>> childbirth, or someone who fell. On the latter case, the Pischei Teshuvah
>> discusses loss of blood. See also the [Taz], who cites shu"t haMaharil 65,
>> also discussing "dam yotzei mimenah". Taharah becomes impossible as the
>> blood would be lost. It would seem that perhaps the problem is the blood
>> in the clothing requiring qevudah, and not necessarily pirsum.

> in Yoreh Dei'ah 364:4, in Shach (11) and Taz (3) and the Be'er heitev  
> (7) as well, they bring the opinion of the BACH who says a murdered jew  
> is different than one who died, and by a murdered Jew we want everyone  
> to see and get angry at the murderer and tave revenge. I dont know if he  
> is calling for vigilante attacks, or if he wants people to call for  
> vengeance by those responsible for security, but that is what he says.

I don't see it. The Shakh's issue is "dam yatza mimenu", citing the
Maharil. Even his citation of the Bakh: The Bakh writes, and it appears,
that this is specifically when he died in his clothing. But if he fell and
didn't die immediately, only after some days so that he was already removed
from his clothes vegam ein hadam yotzei mimenu that it already ended and
he died in his bed from this attack, then ceetainly you are metaheir him
and make for him takhrikhim.

Similarly the Taz, who I already mentioned but mistyped "Raz". Which is
why they all discuss the Maharil (as does the Rama) considering someone
who fell off the roof or a woman who died in childbirth to be parallel
cases.

So, I still say that despite common wisdom, the issue really appears to
be burying the blood, not about getting people upset and davening.

:-)BBii!
-Micha

-- 
Micha Berger             Strength does not come from winning. Your
micha at aishdas.org        struggles develop your strength When you go
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