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Question: I just read your wonderful article on which Adar to observe a yahrzeit in a leap year. Would one make a hazkara in both months or only during the first Adar? Thank you for your time.

Jordan Shacter

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Question: I read your article on the observance of an Adar yahrzeit during a leap year. However, which date(s) is observed when the date of death was in Adar Sheini? Thank you in advance.

Yosef Chaim Gershuny

 

Considering the timely nature of these two questions, we interrupt our discussion of Amen to address them. What follows (condensed and with modifications) appeared in this column seven years ago.

We find the following in the Kitzur Shulchan Aruch (Hilchot Aveilut 221:3): “If one suffered the loss of a departed relative in a leap year, in Adar I or Adar II, he fasts [on that day in Adar] in a non-leap year. If it is a leap year, he fasts in the month of Adar during which the relative died: if it was in Adar I he fasts in Adar I, if it was in Adar II, he fasts in Adar II.

“However, if the relative died in a non-leap year and it is now a leap year, he fasts on that day in Adar I, and he recites Kaddish [without fasting] on that day in Adar II; but he may not infringe upon another’s rights.” This ruling of the Kitzur is essentially that of the Rema (Yoreh De’ah 402:12). And we now have the basis of the answer regarding when to observe a yahrzeit since fasting in halachic works = observing a yahrzeit.

Interestingly, we primarily observe a yahrzeit in Adar I (with a lesser observance on the same day in Adar II), but do the very opposite when it comes to Purim, which we primarily observe in Adar II (with a minimal observance [Purim Katan] in Adar I).

We can explain the need to observe a yahrzeit in Adar I because the full mourning period (aveilut) is supposed to last 12 months and to observe the very first yahrzeit in Adar II would be to mourn for 13 months.

Halachic authorities dispute when to observe yahrzeit if a parent was buried on a different day than he or she died. The Shach (Yoreh De’ah 402:10, citing the responsa of Rav Binyamin) rules that the yahrzeit is 12 months after the day of burial if several days separate it from the day of death. To observe it 12 months after the day of death would mean that the person would be mourning several days fewer than the required 12 months.

The Taz (ad loc.; and Orach Chayim 568:8) disagrees, writing: “If one first heard of the death of his father six months after his death, there is no one who would rule that he is now to commence mourning for 12 months from the time he heard about it; rather the 12 months are counted from the time of the date of death.”

In practice, we seem to follow the ruling of the Shach, but only if three complete days have passed from the day of death (see Yesodei Semachot, the excellent sefer by Rabbi Aron Felder, zt”l, of Philadelphia). Every subsequent yahrzeit, though, should be observed on the day of death. This is inferred from the Gemara (Shevuot 20a) and Rashi (ad loc. s.v. “Keyom she’met bo aviv”).

In any event, it is now clear why the primary yahrzeit observance takes place in Adar I. (See the Maharil and Mahari Mintz, however, who maintain that one should fast in both Adar I and Adar II.)

Regarding Purim being celebrated in Adar II, we find the following in the Shulchan Aruch (Orach Chayim 685:1): “If the Rosh Chodesh Adar closest to Nissan [i.e., Adar II] falls on Shabbat, we read Parshat Shekalim.” The Mishnah Berurah (ad loc., citing Rashi on Megillah 29a s.v. “Korin b’Parashat Shekalim”) explains that we do this because in the era of the Temple Jews would bring their shekalim in the month closest to Rosh Chodesh Nissan in order to be able to bring offerings from the new shekalim donations starting from rosh chodesh.

R. Eliezer b. R. Yosi and R. Shimon b. Gamaliel (Megillah 6b) disagree about when we should read Megillah and give matanot la’evyonim. R. Eliezer b. R. Yosi argues that we should observe the mitzvot of Purim during Adar I, the Adar closest to Shevat, since that is the Adar in which Purim is celebrated every year – “bechol shana veshana – each and every year” (Esther 9:27) – and we have a rule that “ein ma’avirin al hamitzvot – we do not allow a mitzvah to be bypassed,” meaning that we perform it as soon as possible.

R. Shimon b. Gamaliel derives from the same verse that just as Purim is in the Adar closest to Nissan in an ordinary year, so too in a leap year – i.e., Adar II – and by celebrating Purim in this month we connect the redemption of Purim to the redemption from Egypt. We follow this opinion l’halacha. (See the fine work of R. Dov Aaron Brisman, Rav of Philadelphia, in his Responsa Shalmei Chova, Yoreh De’ah, responsum 94, where he discusses this matter in great detail.)

We are left with one matter to which we do not have a clear answer: When should one light the yahrzeit candle? We kindle this light because of the verse (Mishlei 20:27), “Ner Hashem nishmat adam – The candle of Hashem is the soul of man.” The Magen Avraham, Taz, and Ba’er Heitev to Orach Chayim (Hilchot Shabbat 261) allow a person to ask a gentile during “bein ha’shemashot” (dusk) on Friday evening to light this candle in the event he forgot to do so earlier because lighting a candle on the yahrzeit of one’s father or mother is an important requirement.

This rule applies to the observance of a yahrzeit in Adar I. What about the yahrzeit day (the “minimal observance” day) in Adar II? Should one light a candle on this day as well? If yes, does the same leniency of asking a gentile to light it for you on Friday night apply? There is no clear answer to this question.

In summation, the general rule is that we observe the yahrzeit of someone who passed away in Adar of a non-leap year in Adar I. Nonetheless, Kaddish is said on the day in Adar II as well (although someone who has actual yahrzeit on that day – i.e., his parent passed away in Adar II of a leap year – has precedence). And someone who has actual yahrzeit in Adar II says Kaddish on Adar I as well (as long as he doesn’t infringe on the rights of one who has actual yahrzeit on that day).

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Rabbi Yaakov Klass is Rav of K’hal Bnei Matisyahu in Flatbush; Torah Editor of The Jewish Press; and Presidium Chairman, Rabbinical Alliance of America/Igud HaRabbonim.