Studying the laws of mourning is sometimes accompanied by a bit of nervous energy. People often want to stay away from this area of Halakha until someone passes away¹. I understand those feelings and want to honor that experience. At the same time, the laws of aveilut have much to teach even people who are not currently observing these dinim. Also, there is a real value in having a framework in which these mysterious laws and customs can be approached so that when someone experiences a loss, they can do so with a deeper understanding.

Each essay in this series will present one or two texts in the original Hebrew or Aramaic along with a translation. The texts that I have chosen are significant in the history of Halakha and also have a broader message that reflects the human insight of chazal. We will begin with an enigmatic text from the Talmud Yerushalmi that opens with a surprising question:

מניין לאבל מן התורה שבעה? 

From where in the Torah do we know to observe mourning for seven days?

This question is so puzzling because it assumes that there is a requirement of mourning from the Torah without ever providing a Biblical support for such an idea². The rabbis are seeking a source for a seven-day mourning period in particular. The Yerushalmi then goes on to offer six different texts that might serve as the Biblical source for seven days of mourning:

1. Bereshit 50:10 – Joseph and the brothers mourning the death of their father Jacob.
2. Vayikra 8:35 – The seven-day inauguration period of the Mishkan.
3. Vayikra 10:7 – Aharon, Elazar and Itamar mourning the loss of Nadav and Avihu.
4. Bamidbar 12:12 – Miriam’s experience of tzara’at.
5. Devarim 34:8 – The mourning of the Jewish People for Moshe.
6. Amos 8:10 – The seven days of mourning paralleled to the observance of Holidays.

Some of these are logical places to find models for mourning the passing of a loved one. We are not surprised, for instance, that the Yerushalmi refers to the deaths of Jacob (#1), Nadav and Avihu (#3) or Moshe (#5). However, the remaining three sources need to be explained: why look to the Inauguration of  the Mishkan (#2), Miriam’s tzara’at (#4) or the seven days of Chag (#6)? Let us explore each of these answers and understand how each reflects a different approach to the observance of aveilut in particular and death in general. This installment will unpack the inauguration of the Mishkan, and the next essay will focus on Miriam’s tzara’at and the prophecy of Amos. The third and final introductory essay will bring one more source that offers two additional answers to our question.

The Inauguration of the Mishkan – מילואים (Shmot 29, Vayikra 8-10, Bamidbar 7)

The story of the Mishkan’s first use is told in three different books of the Torah. At some level, the entire narrative really “belongs” at the end of Shmot³ but the Torah chose to spread out the details across Shmot, Vayikra (Chapters 8 and 9) and Bamidbar (Chapter 7). At the end of chapter eight of Vayikra, the seven day מילואים (inauguration or consecration) ceremony is complete. The altar is anointed seven times, and the priests themselves are also anointed.

At this point, the Kohanim have been separated from their families and have been dwelling at the Mishkan for seven days, and they are at a moment of what might be the greatest possible Holiness for a human being. The entire narrative of Shmot builds up to this point, and we are told that the Kohanim must literally live at the Mishkan:

ויקרא פרק ח:לה – וּפֶתַח אֹהֶל מוֹעֵד תֵּשְׁבוּ יוֹמָם וָלַיְלָה שִׁבְעַת יָמִים וּשְׁמַרְתֶּם אֶת מִשְׁמֶרֶת יְקֹוָק 

Vayikra 8:35 And you shall sit at the entrance of the Tent of Gathering for seven days – day and night – and guard the commandments of God…

These seven days conclude  just a day prior to the tragic deaths of Nadav and Avihu. At this stage, the entire family is about as close to God as possible. And the description of those seven days serves as the source to which the Yerushalmi refers for observing a seven day mourning period.

We might argue that the Yerushalmi is simply looking for the number seven and happened upon this event. One could simply claim that the only reason for referring to each of these passages is because of the coincidence of the number seven. That seems unlikely to me.  

In this first case the terms that are used reflect our current language when we talk about mourning. The Kohanim are told to “sit” in one place for seven days. The language is very similar to the way we talk about people “sitting shiva.”  

Despite the apparent unrelatedness of the situation, there does appear to be a deeper message behind choosing this as one model of what we call shiva today. The Torah uses the root word ק.ד.ש – K.D.Sh or kadosh (Holy) throughout this chapter. The family of Kohanim, in preparation for the inauguration of the Mishkan reach a level of Holiness that most people can never attain. That level of kedusha comes with great responsibility and also grave danger. For example, at the moment of national revelation at Sinai the people were told that they could approach the mountain for fear of death (Shmot 19:12).

There is always a potential connection between kedusha and death. That reality is laid bare with the events of Nadav and Avihu, who in a moment of religious ecstasy go beyond their own boundaries. They enter into the Holy of Holies with a “foreign fire” and are tragically killed (Vayikra Chapter 10. The events of this chapter will become very significant as it relates to many of the dinim of aveilut. It is interesting to note for now that we learn from that which Aharon was not permitted to do, what regular mourners are required to do.). Everyone needs to stay within their appropriate boundaries when interacting with that which is holy.

Part of what the Rabbis are teaching us by modeling the seven days of shiva on the seven days of priestly seclusion in advance of the initiation of the Mishkan is that there is a power, a weight and a depth to both holiness and loss. While the moment of someone’s passing is often filled with sadness and grief, it can also be a time of kedusha. I have had the great honor to be present for the departure of the soul from the body just a few times. That transition can be felt in ways that are difficult to capture with human language.

Sitting with a family preparing for a funeral can be among the most holy interactions between Rabbi and congregant. The pain and brokenness are real, which leads to moments of great openness. That emotional catharsis can make room for true growth.

The first message that we can learn from this text is that death can be holy in ways that exceed our expectations. When we approach the laws of aveilut we do so with a sense of humility and awe in appreciation of the holiness of this endeavor.

1. See the Sefer Chasidim Siman רסא, who encourages people to learn these laws. However, the חתם סופר  in יו”ד סימן שמ”ו discourages it strongly. On the other hand, in הליכות שלמה Nissan-Av page תלט note 35, Rav Shlomo Zalman strongly encourages people to learn this material. He apparently even worked in support of Rav Tikochinsky to get the גשר החיים published
2. There is a long history of Halakhic literature on the question of which parts, if any, of the laws of mourning are from the Torah. See the Tur סימן שצ”ח together with the Beit Yosef and the Bach for a summary of the main positions
3. It seems obvious that the ceremony of dedication should have taken place at the end of Parasha Pekudei, after Shmot chapter 40. See Rabbi Menachem Leibtag’s analysis here