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When burial is permitted on Yom Tov through non-Jews, whose perspective governs—the living's obligation or the deceased's needs? The shiur develops a fundamental chakira: the Bahag treats burial as the chai's duty balanced against his issur of amira l'akum, while Tosafos (תוספות) and the Rosh hold we step into the meis' shoes, performing what he would want. This principle explains machlokos Rishonim on burial timing, kavod hameis, and the scope of melacha permitted.
This shiur addresses a series of related halachic issues surrounding burial on Yom Tov, building to a fundamental yesod that explains multiple machlokos Rishonim. The starting point is the Rambam (רמב"ם)'s ruling that a meis who died on Yom Tov Rishon is buried by non-Jews (goyim) regardless of whether the body has begun to decay (ishtoy or lo ishtoy), in contrast to the Bahag who permits amira l'akum only when ishtoy. The Rosh's kashas on the Bahag include kavod hameis, kavod habrios, the issur of halanas hameis, and tza'ar l'einaim on Yom Tov. Additionally, the Rambam permits Jews themselves to bury on Yom Tov Sheini even when goyim are available, and requires goyim to perform the entire burial (including carrying and placing the body) on Yom Tov Rishon—points on which the Ran and Maggid Mishneh disagree regarding the scope of Jewish involvement. The shiur then introduces a chakira: when one has a chiyuv to do something for another person (such as burying a meis), how does halacha (הלכה) conceptualize that obligation? Is it my need—my chiyuv becomes my responsibility, and we balance my obligations against my issurim—or do I step into the shoes of the person I'm helping, able to do for him whatever he could theoretically do for himself? This distinction is fundamental to understanding burial on Yom Tov.
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Beitzah 6a
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