Studying the Laws of Mourning During Shiva
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Question
Is it permissible to study the laws of mourning in depth during Shiva?
Answer
One should not study the laws in depth and with analysis, but only in their simple form. If something new is revealed to him during the study, he may write it down, and even if he rejoices in the new insight gained from his study, it is permissible.
Source
The Mishnah Berurah, Siman 554, Subparagraph 4, regarding Tisha B'Av, states: "But to discuss and analyze the law is certainly forbidden [Magen Avraham in the name of Maharil], and similarly, the Taz wrote that even in a place where it is permitted to study, it should be in the simple form of things, but not in the form of pilpul (analytical debate)."
The Baruch Yosef, Yoreh De'ah, Siman 384, writes: "I saw one of the greats during his days of mourning who was studying the laws of mourning with deep analysis by himself, and what he innovated in the matter of discussion or law, he wrote and recorded in a book. And to me, a simple person, this does not seem proper, for certainly when he delves into analysis and innovates, there is no greater joy for a Torah scholar than this, and they only permitted studying the simple laws and teachings."
The Aruch HaShulchan writes about this: "And it seems to me like that great one, etc. And if because of joy, this is joy that comes by itself, and what should the mourner do if his business brought him much money, and his heart involuntarily rejoices, or his wife gave birth to a son, and he rejoices, and what should the mourner do with the joy of a mitzvah when he puts on tefillin or prays with intention, if he has reached this level, and in the wearing of tefillin there is also joy." etc. "And certainly to sit initially to study some pilpul in mourning and on Tisha B'Av in the things that are permitted to him is forbidden as the later authorities wrote in Orach Chaim, Siman 554 [Taz, Subparagraph 2 and Magen Avraham, Subparagraph 5, see there], but when the innovation arises from the study, what should he do, imagine the Book of Job is permitted to the mourner, and there is no more sealed book than Job, and now if he learns and a good explanation is revealed to him in some verse, to refrain from this is only from the astonishing, and as above said, this is the main in the law."
And it is accepted from the Chazon Ish that he permitted studying in depth, and wrote that it cannot be said that it is permitted to study laws and rulings without studying them thoroughly and deeply.
The Baruch Yosef, Yoreh De'ah, Siman 384, writes: "I saw one of the greats during his days of mourning who was studying the laws of mourning with deep analysis by himself, and what he innovated in the matter of discussion or law, he wrote and recorded in a book. And to me, a simple person, this does not seem proper, for certainly when he delves into analysis and innovates, there is no greater joy for a Torah scholar than this, and they only permitted studying the simple laws and teachings."
The Aruch HaShulchan writes about this: "And it seems to me like that great one, etc. And if because of joy, this is joy that comes by itself, and what should the mourner do if his business brought him much money, and his heart involuntarily rejoices, or his wife gave birth to a son, and he rejoices, and what should the mourner do with the joy of a mitzvah when he puts on tefillin or prays with intention, if he has reached this level, and in the wearing of tefillin there is also joy." etc. "And certainly to sit initially to study some pilpul in mourning and on Tisha B'Av in the things that are permitted to him is forbidden as the later authorities wrote in Orach Chaim, Siman 554 [Taz, Subparagraph 2 and Magen Avraham, Subparagraph 5, see there], but when the innovation arises from the study, what should he do, imagine the Book of Job is permitted to the mourner, and there is no more sealed book than Job, and now if he learns and a good explanation is revealed to him in some verse, to refrain from this is only from the astonishing, and as above said, this is the main in the law."
And it is accepted from the Chazon Ish that he permitted studying in depth, and wrote that it cannot be said that it is permitted to study laws and rulings without studying them thoroughly and deeply.
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