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In terms of halacha and minhag, when can one start saying kaddish for someone who has passed. Only after the burial?

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SE!

Traditionally, the child or other immediate relative of the departed would be preoccupied with the burial and not expected (or even allowed) to pray until it happens -- assuming there is still something they could reasonably be doing to prep for the burial.

Taz, Orach Chaim 71.2 writes that if someone's father has died but others are attending to burial arrangements, he should go to synagogue and recite Kaddish, as this is considered honor for the deceased parent.

So Kaddish can theoretically be said before burial, provided the one saying it isn't busy with burial arrangements.

I will not address the question of saying Kaddish for someone who was neither a relative of the deceased, nor asked by the family to say it on their behalf.

The whole point of kaddish is a public sanctification of God's Name, hence it requires a minyan (quorum of ten). The general sense I've gotten from reading COVID-19 responsa from Orthodox rabbis in the past few months (such as Rabbis Hershel Schachter and Asher Weiss) is that a "Zoom" quorum doesn't count, and instead, Torah study and charity in memory of the deceased are recommended.

My own two cents, for what it's worth -- while US Constitutional philosophy is beyond the scope of this site, the Talmud praises the rival Yeshivas of Hillel and Shammai for always remaining on close personal terms; their myriad disagreements within Judaic law did not descend into ad hominem attacks or blanket bans on "the other camp." Justice Ginsburg embodied this sort of magnanimity.

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    I edited RBG out of the question and title as it was irrelevant and misleading.
    – Jay
    Sep 22, 2020 at 17:28
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    Thanks. I agree with your edit.
    – abalter
    Sep 22, 2020 at 22:26
  • In a non-pandemic world, say a fellow gets word of his father's death on Sunday morning; he is busy dealing with the funeral home until Monday afternoon, at which point everything is finalized and he's told "just show up tomorrow morning." The rabbis I've consulted say that fellow is still "preoccupied with the burial" that entire time, and should not pray. What gets tricky is if there's a prolonged period of time when taking care of burial is completely out of his hands, e.g. the body is sitting at the funeral home but the earliest the cemetery can schedule it is a month out.
    – Shalom
    Sep 22, 2020 at 23:33

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