Time of Prohibition on Wearing Sandals in Mourning

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Question

From when is a mourner prohibited from wearing sandals?

Answer

From the time of the burial of the deceased, the mourner must remove his shoes and return home without leather footwear. If the cemetery is far from the city, and the mourner walks home, he does not need to remove his leather shoes.


Source

The Shulchan Aruch, Yoreh De'ah, Laws of Mourning, Chapter 375, Paragraph 1: From when does mourning begin? From the time the deceased is buried and the grave is covered with earth, mourning begins and he covers his head, but does not remove his shoes until he returns home (Ramban). Nowadays, it is customary to remove shoes immediately after the grave is closed, as stated in Chapter 376.

And the Rema in Chapter 382, Paragraph 5, writes: "Some say that one should walk barefoot from the cemetery to his home if his father or mother died (Kol Bo in the name of Ri), but I have not seen this practiced." The reason for the custom of removing shoes at home and not on the way from the cemetery is explained in the Shach there, Paragraph 3: "This is due to the malice of the idolaters, as stated in Kol Bo on this matter, and this resolves the Bach's question on the Rav, as stated there. However, where there is no concern of the malice of idolaters, one should remove shoes immediately at the cemetery, as stated above in Chapter 375 and Chapter 376, Paragraph 4."

Therefore, in our times, when we do not have idolaters around who prevent the mourner from returning home without shoes, the mourner should remove the shoes after leaving the cemetery.

However, in Chapter 382, Paragraph 4, it is stated that a mourner who is walking on the road is permitted to wear leather shoes, and the Magen Avraham brought in the Mishnah Berurah, Chapter 594, Paragraph 32, states that this applies only to those walking a long distance, which is difficult to walk without shoes, but those walking a short distance or in a carriage should remove the shoes, however, the Eliyah Rabbah, brought there in Sha'ar HaTziyun, Paragraph 40, disagrees and holds that the sages only prohibited wearing sandals in the city, and therefore on the road it is always permitted. Practically, it seems that the Mishnah Berurah follows the Magen Avraham.


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