Issues in Practical Halacha

Issue Number 20--- 3 Tammuz , 5755

Compiled and Published by Kollel Menachem - Lubavitch (Melbourne, Australia)

in the zechus of the Lubavitcher Rebbe, o.b.m.


TZADDIKIM AFTER THEIR PASSING ARE CALLED 'LIVING'

In the following the sources and halachic consequences of the statement of the Midrash, "Tzaddikim after their passing are called 'living'" are examined.

Sources

It is related in the Midrash [1] that Rabbi Chiya Raba and Rabbi Yonason were walking by the grave of Rabbi Shimon ben Yosi and the tallis of Rabbi Yonason was outwardly visible. Rabbi Chiya told him to hide the tzitzis, since it mocked the dead (in that they are unable to fulfil mitzvos). Rabbi Yonason asked, was it not the case that "the dead do not know anything" (Koheles 9:5)? Rabbi Chiya responded with a drosho from the verse "For the living know that they will die" [2]: these "living" who "know" are the Tzaddikim, who "even after their passing are called living". The following droshos in the Gemorra also bring out this idea.

Rav Yitzchok said in the name of Rabbi Yochanan [3] that "our father Yaakov did not die". Rav Nachman asked him, was Yaakov Ovinu then eulogized, enbalmed and buried for nothing? Rav Yitzchok answered that he is compared by the verse to his offspring: just as they are alive, so is he alive.

Rashi comments that he "appeared to those who were embalming him, to have died, but he was alive".

Similarly, it is related in the Gemorra Kesubos [4] that at the time of his passing, Rebi instructed that "there remain lit a candle in his place, and that the table be set at his place". This was because he would, after his passing, come to his house every Friday night.

The Sefer Chassidim [5] states that he would make - fulfil for his family their obligation in - kiddush.

The Psikta Rabosi [6] and so too the Jerusalem Talmud [7] state that the only difference between the living and the Taddikim who have passed away, is the faculty of speech but all other faculties are preserved.

The Igeres Hakodesh [8] in Tanya quotes the Zohar [9] that a Tzaddik who has parted is present in "all the worlds more than in his lifetime".

Halachic Consequences

The S'dei Chemed [10] raises the question of the obligation in mitzvos of one who, like Eliyau Hanovi, entered Gan Eden alive. Is one's obligation in mitzvos dependent on the place he occupies, namely this physical world - in which case Eliyahu is not obligated in mitzvos? Or, does it relate to the fact he is alive in the sense of possessing body and soul, in which case Eliyahu will be obligated in mitzvos even though he is in Gan Eden?

The Nachalas Binyomin [11] asks whether in the case discussed by the S'dei Chemed, the wife of such a Tzaddik would be permitted to marry again (just as the death of a husband permits his wife to marry another). He states that the answer to this question depends on whether he is still obligated in mitzvos: if he is not, he is as though he has died and his wife may remarry, and vice versa.

The Zera Yitzchok [12] states that in regard to matters between man and G-d, such a person is considered living, whilst in those between man and his fellow (including his wife) he is considered not alive.

The Terumas Hadeshen [13] writes that the the wife of Eliyahu could remarry since the verse prohibits a relationship with the wife of one's fellow, not that of an angel.

The Tzitz Eliezer [14] and Shaalos u'Teshuvos M'vaser Tov [15] write, however, that while the wife of Eliyahu may remarry (since the Torah prohibits to another person the wife of his fellow, not the wife of an angel) Eliyahu is _still_ obligated in mitzvos like a living person, based on the Sefer Chassidim, quoted above.

Questions are asked in connection with the statement of the Sefer Chassidim, that Rebi, after his passing would made kiddush for his family. For if such Tzaddikim, who have left this world, do mitzvos, in which they are not personally obligated, how can they fulfil the obligation of another, who is obligated in mitzvos? Do we not have a principle that only one who is obligated in a mitzva, can fulfil it on behalf of (be motzi) another?

The S'dei Chemed and others respond that it is evident from the Sefer Chassidim that the obligation of Tzaddikim, after their passing, in mitzvos is exactly as it was in their physical life in this world. As for the statement of the Gemorra in Shabbos [16] that with death, a person is "free" from mitzvos, this is explained by the Chido [17] to refer to an ordinary person.

This is like the comment of the Maharsho on the statement of the Gemorra in Bova Basra [18] that a "person is not saved from three transgressions daily", namely that this refers to an ordinary person, but "the pious" are saved.

The Shem Hag'dolim [19] writes that the words of the Sefer Chassidim solved for him several questions: how could one justify the custom to go to the graves of the Tzaddikim and there pray and say Krias Shema, mitzvos normally prohibited within four cubits of (inasmuch as they mock) the dead; and so too, how, as it is related, could Avrohom Ovinu, appearing as an old man, on one occasion have been able to come and make up a minyan? In all of the above, the explanation must be that the Tazddikim are obligated in mitzvos, like the living.

The Zohar [20] explains with several examples that the description "dead" cannot be applied to the Tzaddikim, such that in praying for rain at the grave of a Tzaddik one should, Heaven forbid, transgress the prohibition of "enquiring from the dead".

Similarly, the Minchas Elozar [21] explained at length that there is no prohibition in praying at the graves of Tzaddikim, as indeed we find many prayers in the order of Ma'aneh Loshon, said at the gravesides of Tzaddikim.

From all the above, we see that the Tzaddikim in relation to their obligation in mitzvos are called living. All that is missing is a physical body.

May it be HaShem's will that we merit immediately Moshiach's coming. And then all the

Tzaddikim - "and Your people are _all_ tzaddikim" (Yeshaya 60:21) - will not only be considered living but will actually live.


[1] Koheles Rabba 9:5
[2] ibid
[3] Ta'anis 5b
[4] 103a
[5] Ch.1:129
[6] Piska Chanukah 3
[7] Avoda Zora 3:1
[8] Ch.27
[9] Acharei 71b
[10] Vol 8, p1717
[11] Mitzva 104
[12] Kuntres Palpeles Kol Shehu
[13] Pesochim 102
[14] Vol 17, 6:2
[15] Ch.75
[16] 151b
[17] Bris Olam on Sefer Chassisim ibid
[18] 164b
[19] Ma'areches Gedolim, Alef, 199
[20] Acharei 71a,b
[21] Vol 1, 68


The above is not intended to decide halachic questions, but rather to clarify them in a clear and concise form. Please refer all your practical questions to your local Rabbi.

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