Eating in the Presence of the Deceased
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Question
A person who is guarding a deceased in the hospital, is it permissible for him to eat and drink in the presence of the deceased?
Answer
It is not permissible to eat in the presence of the deceased, and if one must be there and cannot go to eat in another place, a partition of ten should be made in front of the deceased, even if it is a sheet (that does not move in the wind), and eat. If there is no partition of ten, one should turn their face and eat.
Source
The Shulchan Aruch, Yoreh De'ah, Siman 344, Se'if 1 states: "One who has a deceased for whom he must mourn, before burial, eats in another house. If he has no other house, he eats in a friend's house. If the friend has no house, he makes a partition and eats; even a partition of a sheet is sufficient if the edges of the sheet are fixed so that it does not move in the wind. If he has nothing to make a partition, he turns his face and eats."
The Taz and the Shach disagree on whether it is permissible to eat in his presence on Shabbat. According to the Shach, in Se'if Katan 3, it is forbidden even on Shabbat, while according to the Taz, in Se'if Katan 1, it is permitted on Shabbat, as the decree applies only to those who are obligated to bury him.
The Pitchei Teshuva writes that their disagreement depends on whether it is permissible for others to eat in the presence of the deceased. According to the Shach, who forbids it on Shabbat, the prohibition is due to "mocking the poor," and therefore it is forbidden even for others, while according to the Taz, the prohibition is because of the obligation to bury him, and it is permitted for others. He concludes that it is good to be stringent and consider the opinion of the Shach.