Close Report from the Day of Death or Burial
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Question
A family whose child was kidnapped in Gaza for several months and then received him dead, and buried him when they received him. Experts say he likely died a long time ago. Does the family need to sit shiva?
Answer
If experts say that less than 30 days have passed since the day of death, the family must sit shiva according to all the laws, and on the first day of the report, they do not put on tefillin. They count seven and thirty days from the day of the report. The year is counted from the day of death. If experts say that more than 30 days have passed since the day of death, as he was buried long after the death, the rabbis are divided on whether shiva should be observed or not, and the law follows those who are lenient, that shiva does not need to be observed, but mourning should be observed in a noticeable manner (an act of mourning must be performed, not just refraining from Torah study or work), such as removing shoes for one hour. One who wishes to be stringent and sit shiva may do so, but should put on tefillin on the first day and not neglect Torah study.
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