OUTLINES OF HALACHOS FROM THE DAF
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) TZITZIS AND SHA'ATNEZ IN SHROUDS
1. (Rabah bar bar Chanah): In the Midbar, I saw those
who died in the Midbar. I cut the corner of one of
their garments, with Tzitzis on it.
2. Berachos 18a: R. Chiya and R. Yonasan were walking
in a cemetery; R. Yonasan's Techeiles (of his
Tzitzis) was showing.
3. R. Chiya: Lift it up (so it will not show), lest the
dead say "today they mock us, and tomorrow they will
4. Menachos 41a: Clothes designated for shrouds are
exempt from Tzitzis. At the time (when he dies),
Raminin Lah (we put on the shrouds) Tzitzis, to
avoid "Lo'eg la'Rash Cheref Osehu" (mocking the
5. Kesuvos 111b (R. Chiya bar Rav Yosef): Wheat is
planted bare, and it rises with many covers.
Tzadikim are buried clothed, all the more so they
will rise clothed!
6. Mishnah (Kil'ayim 9:4): We are not concerned for
Sha'atnez in shrouds.
7. Maseches Semachos (Perek 12): Aba Sha'ul ben Bitnis
told his children to bury him by the feet of his
father, and to remove the Techeiles from his Talis.
8. Maseches Tzitzis (after Avodah Zarah, p.63): We do
not untie Tzitzis from a Mes. Aba Sha'ul ben Bitnis
permits. Aba asked to remove the Tzitzis from his
garment, for they have Kedushah. Chachamim say, they
have no Kedushah. We may use them for shrouds or a
9. Nidah 61b (Beraisa): If Kil'ayim was lost in a
garment, one may use it for shrouds.
10. Inference (Rav Yosef): (We are not concerned that
the Mes will be wearing Sha'atnez when he is
revived.) This shows that the Mitzvos will cease!
11. Question (Abaye): R. Yanai permits clothing the Mes
in such shrouds at the time of eulogies, but we may
not use them for burial!
12. Answer (Rav Yosef): R. Yochanan permits them even
for burial. He expounds "ba'Mesim Chofshi" -- once
someone dies, he is (forever) exempt from Mitzvos.
1. Rif and Rosh (Hilchos Tzitzis (after Menachos) 11b
and Siman 9): We put Tzitzis on the shrouds, to
avoid Lo'eg la'Rash.
2. Rambam (Hilchos Kil'ayim 10:25): One may make
shrouds from Kil'ayim, for Mesim have no Mitzvos.
3. Question (Rosh Mo'ed Katan 3:80): Tzadikim will
return to life clothed (Kesuvos 111a). Menachos 41a
connotes that we put Tzitzis on shrouds after death.
Why are we not concerned for Sha'atnez in shrouds
4. Answer #1 (Rashbam, in Tosfos Nidah 61b DH Aval):
Even a living person may wear Kil'ayim without
benefit. A clothing salesman may wear Kil'ayim, as
long as he does not intend to be protected from the
sun or rain.
5. Rebuttal (and Answer #2 - Rosh): Also Tzitzis is
obligatory only if worn for benefit - "your garment
that you are covered in." A clothing salesman is
exempt from Tzitzis, yet Lo'eg la'Rash applies! R.
Tam says that Lo'eg la'Rash applies more to Tzitzis,
which (through its Gematriya, knots and strings) is
equal to all the Mitzvos. Also, it is evident if a
garment has no Tzitzis, but Kil'ayim is not evident.
We cannot prove from Mesei Midbar that we put
Tzitzis on shrouds, for they entered their graves
dressed on Erev Tish'ah b'Av (Eichah Rabsi).
6. Rosh (ibid. and Berachos 3:5): Why is our custom to
remove Tzitzis from a Mes' shrouds? R. Tam answers
that Tzitzis are testimony one fulfilled all the
Mitzvos, we and not worthy of this. The Medrash says
that 'l'Dorosam' is written missing a Vov, i.e. Dor
Tam (a perfect generation). Also, previous Doros
wore Tzitzis all day, so they put them on shrouds
due to Lo'eg la'Rash. Nowadays, many people do not
wear a four-cornered garment; we do not put for them
in their death what they did not fulfill in life. We
do not put only on those who wore Tzitzis in their
lives, lest others be ashamed. We should not shame
them, for the Torah obligates only one who wears a
four-cornered garment. Aba Sha'ul ben Bitnis told
his children Lehatil Techeiles from his Talis.
'Lehatil' (normally) connotes to put on, but here it
says 'from my Talis', not 'on my Talis', so it means
i. Ba'al ha'Ma'or (Mo'ed Katan 16a DH Aba): Some
say that Raminin Lah means that we remove
Tzitzis from shrouds. The primary opinion
explains that we put them on, for it says
Raminin Lah (on it), not 'Minah' (from it). The
Ri bar Malki Tzedek explains that we put
Tzitzis on shrouds when carrying the Mes to the
grave. Lo'eg la'Rash applies then, for the
carriers are wearing Tzitzis. When we bury him,
we remove the Tzitzis, to fulfill R. Yochanan's
opinion that Mitzvos will be Batel in the
7. Rosh (ibid.): We often follow minor tractates
against the Gemara. Rabbeinu Meir says that Aba
Sha'ul used to wear a linen garment. He put Tzitzis
in it, like Beis Shamai. He commanded his children
to remove its Tzitzis, like Beis Hillel. Akavya ben
Mehalalel similarly told his children 'follow the
majority of Chachamim who argued with me' (Eduyos
5:7). If so, there is no proof from here. R. Yehudah
of Paris says that Menachos 41a is like Shmuel, who
holds that Mitzvos will not be Batel in the future
(Shabbos 151b). Burial without Tzitzis is Lo'eg
la'Rash, for he will be revived without Tzitzis, and
he will be obligated then. Shmuel explains the
Mishnah in Kil'ayim like R. Yanai, who permits
Kil'ayim at the time of eulogies, but not for
burial. We bury Mesim without Tzitzis because we
hold, like R. Yochanan, that Mitzvos will be Batel.
A Medrash says that the Parshah of the one who
gathered wood on Shabbos is put next to the Mitzvah
of Tzitzis to teach that Mesim must have Tzitzis.
This Medrash is like Shmuel. When Rabbeinu died, he
commanded 'the Tzitzis Chutz.' It is not clear
whether he wanted them removed, or that they should
hang outside the casket.
ii. Hasagos ha'Ra'avad: We put Tzitzis on shrouds,
without tying them on. If they were tied, we
untie them. Since there are Tzitzis, the living
do not mock the Mes. Since they are not tied,
he doesn't mock other Mesim. The episode with
R. Yonason shows that normally, we bury Mesim
iii. Rebuttal (Rosh ibid.): We cannot learn from the
episode! Even if Mesim have Tzitzis, since they
are not fulfilling the Mitzvah, Lo'eg la'Rash
iv. Hasagos ha'Ra'avad: Some say that Aba Sha'ul
was concerned lest the Techeiles perish, not
for Lo'eg la'Rash. My first Perush is primary.
However, since also removing the Tzitzis is due
to Lo'eg la'Rash, the Gemara should have
mentioned it. We cannot say that it is because
Mitzvos will not be Batel, for the dead are not
commanded about 'Bal Tosif' (adding to
v. Milchamos Hash-m: Aba Sha'ul's father commanded
to remove his Tzitzis when he dies, for they
have Kedushah. The Halachah follows Chachamim;
things used for a Mitzvah may be discarded. Aba
Sha'ul agrees about Tzitzis put on shrouds
(that they have no Kedushah), for they are put
on at that time (not for a Mitzvah,) only due
to Lo'eg la'Rash.
1. Shulchan Aruch (YD 301:7): One may make shrouds from
Sha'atnez, even to bury the Mes in them.
i. Beis Yosef (DH Tachrichei): The Rambam and Rosh
rule like R. Yochanan.
2. Shulchan Aruch (YD 351:2): We bury a Mes only in a
Talis with Tzitzis.
ii. Bach (DH Tachrichei): The Beraisa permits a
garment in which Kil'ayim was lost. If the
Kil'ayim is evident, this is Lo'eg la'Rash. We
disqualify Tzitzis in shrouds so it is not
evident. One should be stringent, even though
the Tur says 'similarly, one may make a saddle
from Kil'ayim', i.e. even if it is evident.
3. Rema: Some say that it does not need Tzitzis. The
custom is to bury a Mes in Tzitzis, but first we
disqualify them or cut one of the corners.
i. Beis Yosef (DH uv'Inyan): Toras ha'Adam (p. 98)
discusses the opinions, and concludes that one
should bury only with Tzitzis. The Mordechai
(Mo'ed Katan 863) counsels to remove the
Tzitzis from a corner and tie them on.
ii. Darchei Moshe (1): Avi ha'Ezri says that we
remove the Tzitzis only from one who did not
normally wear Tzitzis in his life.
iii. Bach (DH uv'Inyan): The Roke'ach forbids
removing Tzitzis from a Mes' garment, for R.
Yanai forbids burial in Kil'ayim. The Halachah
does not follow R. Yochanan and Aba Sha'ul ben
Botnis, who say that Mitzvos will be Batel. The
Ri commanded to tie Tzitzis to the corners of
his shrouds, so when he is revived he can untie
them and fulfill the Mitzvah. It seems that he
ordered to tie Tzitziyos of each pair of
corners together, so there will be no Mitzvah.
Most opinions say that one should not
disqualify the Tzitzis; one should follow them.
One can tie the Tzitziyos or cover them, to
fulfill both opinions.
iv. Drishah (1): We do not require Tzitzis or
forbid Kil'ayim in shrouds, because the Mes
does not benefit from the garment. It is proper
counsel to put Tzitzis and avoid Kil'ayim, so
the Mes will be able to wear it when he is
v. Kaf ha'Chayim (OC 23:7): We bury a Mes with
Tzitzis to show our Emunah that he will be
revived with the clothes he was buried in.
MAY ONE WEAR TZITZIS NEAR MESIM? (Sotah 43)
Index to Halachah Outlines for Maseches Bava Basra