When is Kriah performed if the death occurred on a holiday and the funeral during Chol Hamoed
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Question
If someone's brother passed away on Yom Tov and was buried after Yom Tov during Chol Hamoed Sukkot, should Kriah be performed at the funeral, or after the holiday when sitting Shiva?
Answer
Upon the passing of one of the seven close relatives, excluding one's father and mother, during a holiday, it is customary to perform Kriah after the holiday when sitting Shiva, as the primary time of obligation, which is when one hears of the death or at the moment of the soul's departure, is deferred.
Source
Gemara Moed Katan, page 24b: "One does not perform Kriah, nor remove shoes, nor partake in the meal of consolation, except for the relatives of the deceased." This is also stated in Shulchan Aruch, Yoreh De'ah, Siman 340, Paragraph 31, and in Orach Chaim, Siman 547, Paragraph 7, according to the ruling of the Gemara to perform Kriah for all obligatory cases during Chol Hamoed, and the Rema there brings the custom to perform Kriah only for one's father and mother if they died during Chol Hamoed. Nevertheless, the Mishneh Lamelech, Chapter 11 of the Laws of Mourning, Law 1, and likewise the Magen Avraham, Siman 547, Paragraph 3, in the name of the Maharam of Lublin, and so ruled the Mishnah Berurah, Siman 547, Paragraph 11, and the Pitchei Teshuvah, Siman 340, Paragraph 11, that if one died on the first Yom Tov, Kriah cannot be performed during Chol Hamoed, but should be deferred until after the holiday when mourning begins. As for what we learned that Kriah is not performed except for the relatives of the deceased, it refers to when the death occurred during Chol Hamoed, as it is the time when Kriah is permitted. One should examine our custom, where most people perform Kriah at the time of burial (perhaps because they are not well-versed in the laws of Kriah or wish to perform it in front of many people), and if so, since the burial was during Chol Hamoed, and it is customary to perform Kriah at the burial, the primary time of obligation was during Chol Hamoed according to the custom.
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