Commandments from which the guardian of the deceased is exempt.
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Question
From which commandments is the guardian of the deceased exempt?
Answer
If he guards together with another person, he is obligated in all commandments, as one guards and the other prays in turns.
If he guards alone, he is exempt from all commandments, unless he is a complete evildoer who feeds non-kosher food to people.
If he can easily fulfill the commandments without getting up from his place, he is obligated to do so, as "being good should not be called bad," provided it is not a mockery of the poor.
Source
This is also the ruling of the Shulchan Aruch, Orach Chaim, laws of the recitation of Shema, Siman 71, paragraph 3: "The guardian of the deceased, even if it is not his deceased, is exempt." (from the recitation of Shema)
The early authorities are divided on the law of "one engaged in a commandment is exempt from a commandment" when he can fulfill both. According to Tosafot, in Sukkah 10: "Messengers" (and others) and so wrote the Rosh, that one engaged in a commandment is not exempt from another commandment unless he cannot fulfill both, and if he can fulfill both, even with a slight interruption from the previous commandment, he is not exempt from the commandment.
However, the Ran in the chapter "The Sleeper" (Sukkah 11: "And there is") wrote that even if he can fulfill commandments while guarding, he is exempt because when he is engaged in the work of Heaven, the Torah does not obligate him to exert himself and fulfill other commandments, even if possible. And certainly, I admit that if he does not need to exert himself at all but simply performs the first commandment, he can fulfill the second, in such a case he certainly should fulfill both, because "being good should not be called bad."
The Rema in Siman 38, regarding scribes, ruled according to the opinion of the Ran that he is obligated in commandments he can easily fulfill, but does not engage in any other commandment.
Biur Halacha, Siman 38: Therefore, the guardian of the deceased is exempt from tefillin and from the recitation of Shema and from all commandments, even if he can then fulfill several commandments, and so the one who digs a grave for the deceased is exempt from all, even if he rests a little, because even during his rest he is still considered engaged in a commandment, as this strengthens his ability to return and dig, therefore he is exempt then even if he can then give a coin to a poor person standing next to him, etc., and if he does not add any effort at all for the second commandment but simply exerts one effort for both as usual in the first commandment, he can fulfill both, then certainly he should fulfill both, because "being good should not be called bad."
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