Studying Torah in a Hospital When There is a Deceased

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Question

Is it permissible to study Torah in a hospital when there is certainly a deceased person there, or is it forbidden because one should not study Torah in a house where the deceased is, as it is considered mocking the poor?

Answer

It is permissible to study Torah as long as it is not in the same room or in close proximity to the deceased.

Source

The Mordechai wrote, as brought in the "Beit Yosef" in Siman ShD"M, that regarding mocking the poor, it is forbidden to study in a house where the deceased is, as the whole house is considered like four cubits. This is brought by the Shach in S"K D and the AT"Z in Orach Chaim Siman Me, and in the Mishnah Berurah there S"K B wrote that the Magen Giborim disagrees with him, and it seems that there is no conclusive decision on this matter.

Regarding the morning hand washing, the Mishnah Berurah Siman A wrote that in this regard we say the whole house is considered like four cubits, but one should rely on this only in a case of necessity.

The Eliyah Rabbah Siman A wrote that one should not rely on the permission that the whole house is considered like four cubits, and his words: "but it seems to me to explain the words of the Mordechai, that at the beginning of Berachot [3b] it is said that before the deceased only words related to the deceased are spoken, and nothing is mentioned about four cubits, therefore he explained that in the whole room it is forbidden as it is considered like within four cubits, and the reason, as written in Beit Yosef, is that it appears as if one is giving up on taking care of him, since they speak before the deceased, but where four cubits are mentioned, certainly even in the same room it is forbidden outside of four cubits."

Therefore, even if the strict rulings regarding a deceased in the house, nevertheless, if the deceased is not known, and is not nearby, it cannot be said that it appears as if one is giving up on taking care of him.

 

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