Yad

CARR 191

CCAR RESPONSA

Contemporary American Reform Responsa

128. Moving Date of

Yahrzeit

QUESTION: A family will be together approximately two

weeks before the yahrzeit for their father. They would, therefore, like to move the

yahrzeit and commemorate it two weeks early during this year. Is that permissible? (D. F.,

Pittsburgh, PA)ANSWER: The yahrzeit has become an honored and

established custom among Jews throughout the world. Its historic development and practices

have been dealt with elsewhere (W. Jacob, American Reform Responsa, #127). There

has been discussion about commemorating it on the day of death or burial, and tradition decided

that the day of death should be used, except in the first year. If that date is not known, then a

date may be arbitrarily set. However, the same date should be used in subsequent years

(Shulhan Arukh Orah Hayim 568.8; Maharil Responsa #7). A fair

amount of custom and halakhah have developed around the commemoration of

yahrzeit. All of it indicates that once the date has been fixed, it should not be arbitrarily

moved. The family in this instance should continue to commemorate the yahrzeit on the

appropriate date. There is, however, no reason for not doing something a few weeks earlier when

the family happens to be together. In fact, we would encourage that as the mobility of the present

day American Jewish community makes such family gatherings rare. The family should visit the

grave of their beloved father and attend a synagogue service together, as they normally would

on the yahrzeit; this should be done either on any day they are together or on a

shabbat when they are in the city. In this way, they will honor the memory of their father

as a family, but also not disturb the regular commemoration of yahrzeit from year to

year.March 1984

If needed, please consult Abbreviations used in CCAR Responsa.

CARR 190-191

CCAR RESPONSA

Contemporary American Reform Responsa

127. LEAP YEAR YAHRZEIT

OBSERVANCE

QUESTION: How is yahrzeit treated in a leap

year when there is a second month of Adar? What occurs if the person commemorated died in a

leap year during Adar II? What occurs if the person commemorated died during the First Adar in

an ordinary year? Is the yahrzeit shifted as the festival of Purim? (Rabbi R. B. Davenport,

IA)ANSWER: As yahrzeit has traditionally been observed by fasting, visiting

the grave, reciting qaddish, lighting a candle, studying Torah, giving to charity,

etc., there is considerable discussion on the matter of dates, not only in connection with the Adar

II, but also with a death that fell on Rosh Hodesh (see especially Abraham Gombiner to

Shulhan Arukh Orah Hayim 568.7; Sefer Hassidim #723; Shulhan Arukh

Yoreh Deah 220.8). One of the main problems over whether Adar I or Adar II should be used to

commemorate the dead is the tradition of reciting qaddish for eleven months for the

righteous. If it is recited for twelve months, that characterizes a person as wicked. Therefore,

Adar I is certainly used for yahrzeit in the first year, even if that year is a leap

year. In subsequent years yahrzeit would, according to Sephardic and some

other authorities, shift to Adar II whenever a leap year occurs (Bet Yosef to Tur 403;

Maharil Hilkhot Semahot; Mahari Weil Responsa #68; etc.). Caro, in

the above cited section of the Shulhan Arukh, stated that we move the yahrzeit

from Adar I to Adar II whenever a leap year occurs, but Isserles disagrees and leaves it in Adar I.

In other words, there is a conflict of minhag between the Mediterranean Jewish

community and that of Northern Europe. We also see that Jacob Mölln went one step

further and indicates that it should be commemorated both during Adar I and Adar II, which is

still done by some pious individuals. As Reform Jews, we would follow the Northern

European tradition and commemorate the yahrzeit in Adar I, if the death occurred in Adar

I, irrespective of whether the year was an ordinary year or leap year. If the death occurred in

Adar II, we would commemorate it in Adar II during leap years and in Adar I during ordinary

years.March 1984

If needed, please consult Abbreviations used in CCAR Responsa.

ARR 395-396

CCAR RESPONSA

American Reform Responsa

**128. Observance of Yahrzeit by a Widow Who Has Remarried**

(Vol. LXV, 1955, p. 90)QUESTION: As a consequence of the Korean War, one of our young women was left a widow. She has remarried since, and together with her husband attends services regularly. She desires to know whether she ought to observe the Yahrzeit of her first husband. It is the custom in our congregation to honor the memory of a loved one by rising for the kaddish, no matter what one’s relationship to the deceased deceased may have been -sister, cousin, or wife. ANSWER: The Rabbis regarded it as improper to offer condolences to a widower in his home when–because of certain exigencies–he had to remarry before the period of mourning was over; although one may properly whisper words of comfort to him on a chance encounter in the street (Yoreh De-a 385). This provision seems intended to legitimatize the natural desire to keep out of the new home life the unhappy memories of a previous union. Since the observance of the Yahrzeit–dictated in this instance by custom–is calculated to revive just such memories, we may conclude that its omission under the stated circumstances would be in full conformity with the intent of the Rabbinic regulation.Israel Bettan

If needed, please consult Abbreviations used in CCAR Responsa.

NARR 42-43

CCAR RESPONSA

New American Reform Responsa

28. The Form of the Yad

QUESTION: All of the Torah pointers in my congregation are in the form of a hand, sometimes with a ring on the index finger and at other times not. A young silversmith would like to create a Torah pointer which is more akin to the branch of a tree, as that would fit with a Torah ornament which he is also in the process of creating. Is this permissible? (Fred Danovitz, Washington DC)ANSWER: There is nothing in the traditional literature which deals with the yad although there is a considerable amount of discussion about the (rimonim) Torah crowns (Yad Hil Sefer Torah10.4; Tur and Shulhan Arukh Yoreh Deah 282.16; Orah Hayim 138.18). The pointer seems to have been incidental and was a practical device to prevent the reader from getting lost in this text with which contains no markings of any kind. The earliest known pointer comes from Frankfurt in 1570 (Franz Landsberger “The Origin of European Torah Decorations” Beauty in Holiness (ed) J. Gutmann p 102 ff). Pointers from succeeding centuries are found in many collections; all examples which I have seen are either in the form of a hand or akin to a scepter. They represented the taste of the particular age and it was the gold or silversmith who determined the design. They were often created by Gentile craftsmen. We should note that a large number of pointers were wooden rather than precious metal. There would be nothing wrong with designing a pointer in the form of a tree branch and it would be a refreshing change in Torah ornamentation. Such a yad would be appropriate.May 1990

If needed, please consult Abbreviations used in CCAR Responsa.

ARR 393-395

CCAR RESPONSA

American Reform Responsa

127. Yahrzeit

(1980)

QUESTION: What is the status of Yahrzeit within the Reform Movement? When shall the Yahrzeitbe commemorated–should the Hebrew or secular calendar be used?

ANSWER: The origin of the custom of observing Yahrzeit–commemorating the deaths of parents, children, siblings, and spouses–is obscure. The Talmud mentioned hazkarat neshamot, but not as a widely-observed custom. We first find Yahrzeit as such in the writings of the 16th century authorities, Tyrnau and Jaffe (Isaac Tyrnau, Minhagim, and Mordecai Jaffe, Levush Techelet, 133). Its name would indicate that the custom arose in Germany. Guedemann has suggested that it was derived from a similar custom among German Catholics (GeschichteIII, 132). The custom may also have evolved from the traditional commemoration of the deaths of great individuals such as Moses (seventh Adar) and Gedaliah (third Tishri), or of great Rabbis (Rashi to Yev. 22a, quoting Gaonic responsa).

Yahrzeit quickly became established among Ashkenazic Jews. The Sefardim were late in adopting the custom, feeling that Kaddish recited after twelve months of mourning reflects poorly on the deceased. They interpreted Kaddish as a prayer intended to assure a better status for the deceased in the world to come. Isaac Luria, the German Kabbalist who settled in Safed, countered this by stating that the Yahrzeit Kaddish elevated the soul of the deceased to a higher level year by year (Sperling, Ta-amei Haminhagim Umekorei Minhagim, p. 488; A. Lewysohn, Mekorei Minhagim, 98). Of course, this is not necessarily our reason for reciting Kaddish. We do so to honor and to remember our dead, and to praise God for their lives and accomplishments.

The custom of lighting a Yahrzeit candle is medieval (Solomon Luria, Responsa, 46; Joseph Schwartz, Hadrat Kodesh, p. 18). If candles are unavailable or impractical, an electric light may be used (Gesher Hachayim I, p. 343). The Yahrzeit candle is lit on the evening before the day of Yahrzeit, and is burned for twenty-four hours. On Shabbat or Yom Tov, the candle is lit before the Shabbat or holiday candles. In case one forgets to light it, it is lit upon remembering, or after the Shabbator holiday is completed.

The date of the Yahrzeit is the date of death, not the date of burial. If the date is unknown or is questionable, then an appropriate date may be chosen and maintained in succeeding years. The Hebrew calendar should be used for the Yahrzeit, as it provides a Jewish rhythm for the year. It forms an additional link to tradition. In those cases where special calendar problems arise–as with Adar II or two days of Rosh Chodesh–a rabbi should be consulted. There is precedent, however, for the use of the secular calendar when the Hebrew calendar cannot be used. Analogously, the Mishnautilized it (albeit reluctantly) for dating divorces (Gittin VIII.6); Rabbinic authorities sometimes dated their responsa by it; it is generally used on tombstones, along with the Hebrew date.

For us, the recitation of Kaddish is incumbent upon both men and women at congregational services held on the date of the Yahrzeit or on the Shabbat nearest the date, if no service is available on the date itself (Isserles to Shulchan Aruch, Yoreh De-a 376.4; Gates of Mitzvah, p. 62). In some congregations, a family member is called up to the Torah on the Shabbatpreceding the Yarhzeit. Many observe the custom of visiting the cemetery. In addition, the donation of a charitable gift in memory of the deceased is recommended.

Tradition does not demand that Yahrzeit be commemorated for those who died before they were thirty days old, while some restrict that to twenty days (Joseph Schwartz, Vayitsbor Yosef, 21). Yet, there are sound psychological reasons for commemorating all deceased through Yahrzeitobservance. Such a death is difficult for a young couple; they and the family need the catharsis of mourning and the comfort provided by others.

Someone who has remarried after the death of a spouse should continue to recite Kaddish in the synagogue on the Yahrzeit. Because tradition has always been sensitive to the feelings of a second spouse, the Yahrzeit candle at home may be omitted (Mo-ed Katan 21b; Shulchan Aruch, Yoreh De-a 385.2). Anyone who has forgotten to commemorate a Yahrzeit should do so upon remembering (Greenwald, Kol Bo Al Avelut,p. 394).

Yahrzeitis well-established among us, and everything should be done to encourage it as a valid expression of religious feeling.

Walter Jacob, Chairman

Leonard S. Kravitz

Eugene Lipman

W. Gunther Plaut

Harry A. Roth

Rav A. Soloff

Bernard Zlotowitz

See also:

S.B. Freehof, “Secular Date for Yahrzeit,” Reform Responsa, pp. 168ff; “Kaddish When Worshipping Alone,” Recent Reform Responsa, pp. 14ff; “Kaddish and Yahrzeit for a Child,” Reform Responsa, pp. 165ff.

If needed, please consult Abbreviations used in CCAR Responsa.

NARR 332-333

CCAR RESPONSA

New American Reform Responsa

**208. Yahrzeit Bonfire**

QUESTION: A family always finds itself at its country house when the Yarhzeit for their father occurs. They normally light bonfires several times during the week and would like to dedicate one of them to their grandfather each year,. May this be done in place of the Yahrzeit candle? (Rachel Cohen, New York NY)ANSWER: Yahrzeit is an Ashkenazi custom which began in the Middle Ages (W. Jacob (ed) American Reform Responsa # 127). The custom of lighting a Yahrzeit candle was first mentioned by Solomon Luria (Responsa 46; Joseph Schwartz Hadrat Qodesh p 18). When candles or oil were not available or impractical, an electric light may be used (Gesher Hahayim I p 343). The Yahrzeit candle is lit on the evening when our days normally begin and continues to burn throughout the day of the Yahrzeit. On shabbat or festivals, it is lit before the festive candles. If one forget to light it, then one lights it upon remembering after shabbat or the festival has ended. The commemoration should last twenty-four hours, from one evening to the next. It would be impractical to keep a fire burning for that length of time. Whatever the children intend to do as a memorial around the bonfire, they should also light the Yahrzeit light.February 1989

If needed, please consult Abbreviations used in CCAR Responsa.