Work for a Woman When Her Husband is in Mourning
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Question
Can a woman whose husband is in mourning go to work during her husband's mourning period?
Answer
If she works for him, it is forbidden. However, if she is employed elsewhere, it is essentially forbidden, but if the husband waives the profits, it is permitted, and she should not say 'I am not supported and I do not work.' If she works at times when women do not typically work, such as a nurse in a hospital at night, etc., it is permitted even if he does not waive the money.
Source
The Shulchan Aruch, Yoreh De'ah, Siman 380, Se'if 4 states: "Even a matter that may lead to loss, the mourner is forbidden to engage in, whether it is he himself, his servants and maidservants, or his sons and daughters whose work belongs to him." All the more so, if it is not a matter that may lead to loss, it is forbidden for those who depend on his table.
In Beit Meir, it is mentioned that there are those who disagree and permit his wife and children to engage in a matter that may lead to loss, but if it is not such a matter, it is forbidden.
However, if he waives the profits, it is written in Da'at Kedoshim that it is permitted since ultimately she is not doing it for him. However, she should not say 'I am not supported and I do not work,' since there are opinions that if she waives the decree of the sages, it applies for the entire duration of their marriage.
If she works at unusual hours, our teacher, the Rav, shlita, permits it in our times, since in the Gemara in Ketubot 66, it is discussed to whom the money belongs that a woman earns by exerting herself to earn money. The Shulchan Aruch, Even HaEzer, Hilchot Ketubot, Siman 80, Se'if 1 states: "If she exerted herself and earned more than what is due to her, the excess belongs to the husband." The M"M writes that even if she worked at hours when it is not customary to work, such as at night, etc. However, the opinion of the B"H is to be lenient in the preference caused by exertion. The Chazon Ish, Siman 70, Se'if Katan 5, states that we follow the law as in the Shulchan Aruch. However, since there are opinions that the money belongs to her, the law is according to the lenient opinion in mourning, and she can work as usual.
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