Tearing of Garments upon Receiving News of Death Thirty Days after Death but Not Burial

A family whose child was kidnapped in Gaza for several months and then, after several months, was returned dead and immediately buried. Experts say that according to the body, it appears he died several months ago. Is tearing of garments required on the day of burial?

Sons and daughters are required to tear their garments, while other relatives are not required, although some are stringent.

In the Gemara Moed Katan, page 20b, it is explained regarding distant news (when informed thirty days after death and burial) whether to tear garments or not. Rabbi Mani said: do not tear. Rabbi Hanina said: tear, and it is explained there that for one's father and mother, one always tears at the time of the news. Practically, the early authorities ruled that for close news (when informed of the death within thirty days), one is required to tear for all relatives. For distant news (when informed of the death after thirty days), one tears only for one's father and mother, not for other relatives. This is also the ruling of the Shulchan Aruch in Siman 402, paragraph 1, that for close news, one tears. In paragraph 4, it states, "one does not tear for distant news; for one's father and mother, one always tears." The Rema wrote, "And where there is no need to tear, it is forbidden to be stringent and tear." There is a dispute among the authorities on how to count the thirty days of close news — from the day of death or from the day of burial. Since the Gemara's ruling is about someone who died and was buried, and he did not know, and he was informed of the burial after some time. However, if buried a long time after death, there is doubt whether to count for close news from the day of death or from the day of burial. For all mourning laws, if buried immediately, they apply from the day of burial, but one could say that only when buried immediately, since it is incumbent on the relative to bury, mourning laws do not begin, but for close news, they count from the day of death. The Shach in Siman 402, paragraph 5, wrote: "The Bach and Drisha in Siman 399 in the name of the Maharshal wrote that if he died on one day and was buried the next day, although the relatives who were at the burial count from the day of burial because that was the closing of the grave, nevertheless, those who were not at the burial and did not know he died until the 31st day from the day of burial do not need to observe mourning because the day of their news is the 31st day from the day of death, and it is distant news because for the law of news, the day of death is primary." The Taz wrote similarly in paragraph 6, and the Chayei Adam in chapter 171, paragraph 6, and this is also implied from the words of the Mishnah Berurah in Siman 548, paragraph 48. However, the Shach himself in Nekudat HaKesef, Siman 402, paragraph 8, "this is questionable, as the Maharshal derived this from the words of Rabbeinu Yerucham [end of 237, b] and the authorities, and yet Rabbeinu Yerucham himself wrote explicitly the opposite, and in his words in Netiv 28, part 3 [237, a], distant news is called when he heard that someone died and the news after thirty days from the burial, etc., and this is explicit that they count from the day of burial, and this is questionable." The Aruch HaShulchan wrote similarly there, paragraph 10, and proved this from the words of the Rambam, Mordechai, and Rosh. Practically, the instruction of the authorities is to follow the day of death, and one who wishes to be stringent may be stringent.