Tearing for a Child Whose Brother Passed Away Under Twelve Months Old

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Question

A six-month-old infant passed away, God forbid. Does his brother, who is under Bar Mitzvah age, need to tear his clothes?

Answer

For siblings below the age of education, tearing is not done for a child under twelve months. For siblings of educational age, tearing is done as usual.

Source

The Shulchan Aruch, Yoreh De'ah, Siman 340, Paragraph 27 states: "If a minor has a deceased relative, they tear for him." The Tur explains that this is due to emotional distress, while the Ri"tz Gaiot writes that tearing is for educational purposes. The Beit Yosef cites the Ramban and the Rosh, and the Taz brings that if the deceased does not cause such emotional distress, there is still an educational obligation. The Chazon Ish in Yoreh De'ah, Siman 276, writes that this applies to a child under twelve months, as stated in Siman 353, Paragraph 5, that they are not carried on a bier, and it is stated that under twelve months they are not carried on a bier. Therefore, he writes that tearing is not done for a child under twelve months, except for those who have reached the age of education, but below the age of education, tearing is not required for a child under twelve months.

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