The Custom of Pouring Out Water in the Vicinity of the Deceased

Pouring Out Water

The custom is to pour out water in the house of the deceased and in the vicinity of the deceased, as detailed below. This custom is rooted in holiness, as explained by our early sages, including: the Or Zarua, the Ritzba, Rabbi Yehuda bar Yakar, Rabbi Yechiel of Paris, the Smag, the Mordechai, Shibolei HaLeket, Hagahot Asheri, Avudraham, the Agudah, the Agur, Orchot Chaim, Kol Bo, and Tashbetz Katan. This is also ruled by Maran in the Shulchan Aruch (Section 339:5). (A 93, 103)

Reasons for the Custom

There are several reasons for pouring out the water: 1. Because the Angel of Death washes and wipes his sword in water, it is therefore dangerous to drink from it. The Tashbetz Katan writes that once someone died in a house, and a person drank from the water that was in the house. When the sage saw this, he rebuked him not to drink it, and shortly thereafter the soul of the one who drank departed. They asked the sage, what did you see that made you rebuke him? He said, I saw the Angel of Death wiping his sword in that water. 2. The Angel of Death drops a drop of blood from the deceased into the water. 3. Since it is not good to announce bad news, and about one who announces such news it is said (Proverbs 10:18): "And he who spreads slander is a fool," therefore they pour out the water as a sign that someone has died, so people will come to honor him at the funeral, thus eliminating the need to tell others and be called a fool. 4. So that Kohanim (priests) will be cautious not to enter a place of impurity.

What Constitutes the "Vicinity of the Deceased"

The "vicinity of the deceased" refers to two houses to the right of the house where the death occurred and two houses to the left, which also need to pour out their water. However, water in upper or lower floors does not need to be poured out. (A 103, 104)

Public Domain in Between - If a public domain [street] separates between the houses, there is no need to pour out the water in houses across the public domain. (A 103)

Drawn Water

Only drawn water found in bottles and barrels needs to be poured out, but water from faucets, wells, and cisterns, and water in boilers connected to the ground through pipes, does not need to be poured out, because the Angel of Death only has power over detached water, not connected water. (A 104)

Drinking, Washing, Laundry

The water is only forbidden for drinking, but it is permitted to use it for laundry, washing, and hand washing. (A 109)

Mistakenly Made a Blessing

If one mistakenly made a blessing over the water, one should taste a little because of the severity of making a blessing in vain, and pour out the rest. (D 99) As Solomon already said (Ecclesiastes 8:5): "He who keeps the commandment will know no evil thing."

Financial Loss

When pouring out the water would cause financial loss, such as: heated water, soda, mineral water, salt water, tea and coffee, cola, water with spices and the like, it does not need to be poured out. Because when there is financial loss, the Angel of Death is concerned about it and does not wipe his sword in it. (A 105, Maayan Omer D 309)

Other Beverages

Only water needs to be poured out in the vicinity of the deceased, but other beverages such as wine, honey, milk, fruit juices and the like, should not be poured out. This is because the Angel of Death does not wipe his sword in other beverages, only in water. And also for the reason mentioned above that he does not wipe it in beverages that would cause financial loss. (A 105)

Swimming Pool

A swimming pool in the vicinity of the deceased does not need to be emptied. This is because the Angel of Death only washes his sword in a discreet place, but not in water that is under the open sky in a public place where people are commonly found. Additionally, if the water is not used for drinking but for washing, there is no concern. (A 105)

Nullified in Sixty

If water from the vicinity of the deceased gets mixed with another beverage, if the beverage contains sixty times the amount of the water, it is permissible to drink it without concern. If there isn't sixty times the amount, one can add other water until it reaches sixty times the amount to nullify it. (A 98, 110)

Cooking or Baking

If neighbors mistakenly baked or cooked with water from the vicinity of the deceased, it depends: If there was drawn water in the house of the deceased itself, one may be lenient about eating the bread or cooked food [because presumably the Angel of Death would not skip to wash his sword specifically in the neighbor's house when he has water in the house of the deceased]. But if there was no drawn water in the house of the deceased, one should only be lenient in case of significant financial loss. (A 93)

Meal for a Mitzvah - If the cooked food or bread was for a mitzvah meal, one may be lenient and eat it even without significant financial loss, because "He who keeps the commandment will know no evil thing" (Ecclesiastes 8:5). (A 93)

The Or Zarua wrote, a case came before us on Passover eve when water that had been left overnight [for the purpose of] baking matzot for the Seder night was prepared, and someone died there, and I told them not to pour out the water, because "it is a night of protection for Hashem." And I would say the same about other matzot for the rest of Passover, because Hashem watches over the simple. And Heaven forbid that any mishap should occur in the mitzvot of Hashem, blessed be He. (A 93, Rema Orach Chaim Section 455:1, D 98)

The Virtue of the Land of Israel - In any case, if they cooked or baked with this water in the Land of Israel, one who wishes to be lenient and eat it even when it's not for a mitzvah meal, and even with minimal financial loss, has what to rely on. This is because it is explained in the holy Zohar that all the dead in the world die by the Angel of Death, except in the Land of Israel where they do not die by him but by an angel of mercy who rules over the Holy Land. According to this, the danger from the sword of the Angel of Death is not present in the Land of Israel at all. (A 102)

Iron in Water

If at the time when the person died, there was iron placed in the water, the water does not need to be poured out, because then the Angel of Death has no permission to harm the water. The reason for this is that the Hebrew word for iron (Barzel) is an acronym for: Bilhah, Rachel, Zilpah, Leah, whose great merits in establishing the twelve tribes of Israel for the Jewish people stand for their descendants after them. (A 108)

Holy Shabbat

If the person died on Shabbat or a holiday, there is no need to pour out the water and it is permitted to drink. If one drinks from the water after Shabbat, it is good to pour out a little before drinking. (A 111, 112)

The Shemesh Tzedakah responsa writes, our Sages said: Included in what the Torah states (Genesis 2:3) "And God blessed the seventh day and sanctified it," is Hashem's command to the angels who take souls, not to contaminate the water of Israel on Shabbat and holy festivals, and not to disturb the rest and joy of Israel. Therefore, there is no need to pour out the water in the vicinity of the deceased on Shabbat and holidays. Similarly, the holy Zohar says that in the "Hashkiveinu" blessing in the evening prayer of Shabbat, we do not say "and guard our going out and coming in for life and peace," because when Israel observes Shabbat, they are protected from all harmful forces, and a sukkah of peace spreads its wings over them. (A 111)

Place Where the Soul Departed

Water is only poured out in the vicinity of the house where the soul departed, but if someone died in the hospital and was brought to their home, there is no need to pour out the water, even in their house. (A 112)

Unnatural Death

If someone was killed by another person, fell from a roof, died in an accident, or committed suicide, there is no need to pour out the water in their vicinity. Since their death was not caused by the Angel of Death, as explained in the holy Zohar, there is no concern of danger that the Angel of Death placed a drop of blood there. (A 112)

Miscarriage

If a woman miscarried, there is no need to pour out the water near the place. However, if an infant died within thirty days of birth, the water should be poured out. If there is an additional reason to be lenient, we are lenient. For example, if they baked with the water, one may be lenient about eating the bread even without significant financial loss. (A 114)

Death of a Non-Jew

Even for a deceased non-Jew, it is good to pour out the water. If there is an additional reason to be lenient, we are lenient. (A 116)

With a non-Jew there is a double doubt for leniency: perhaps the reason for pouring out the water is to announce that there is a deceased person there so people will come to honor them, which doesn't apply to a non-Jew. And even if you say the reason is because of danger, we have a tradition that the Angel of Death of non-Jews is a different angel than that of Israel, and he does not wipe his sword in the water of Israel. And although we don't apply the principle of double doubt in matters of danger, in this case where the danger is not natural but symbolic, we do apply double doubt. Also, since this law is not mentioned in the Talmud but is a custom that was practiced, there is more room for leniency.