3,505. Eating Second Tithe in a State of Bereavement

Hilchos Maaser Sheini and Neta Revai 3:5

If someone eats second tithe in a Biblical-level state of bereavement (aninus, defined in the next halacha), he is liable to the penalty of lashes. This is derived from Deuteronomy 26:14: “I did not eat it in a state of bereavement.” This is the case so long as he ate it in the place we are told to eat it, i.e., Jerusalem; if he ate it outside Jerusalem in a state of bereavement, or in Jerusalem in a Rabbinic state of bereavement, then he is given stripes for acting rebelliously.

Hilchos Maaser Sheini and Neta Revai 3:6

One is in a Biblical-level state of bereavement when he is mourning for one of the relatives for whom we are obligated to mourn on the day of that person’s passing. At night, he is in a Rabbinic state of bereavement. We see this from Leviticus 10:19 (referring to Aaron on the day that two of his sons died): “If I would eat from a sin offering today, would it be pleasing in the eyes of God?” We infer that one may not do so that day, but at night it becomes permitted. If the deceased is still not buried after several days, the mourners are in a Rabbinic state of bereavement until he is buried. The bereavement of the day of burial does not go into that night.