Q. Can uneaten, leftover food from a COR supervised restaurant or caterer be taken out of a shiva house (a frum family known in the community) during the week of shiva so that the food will not be thrown out and the food will be donated to needy families?
Thank you,
A. There are different opinions in the Poskim as to taking out objects or food from a shiva house. It is accustomed not to because of the unfavorable spiritual influence (ruach ra'ah) that rests on the location. (Mourning in Halacha p. 179) Some maintain that this applies only if the death occurred in that house. (Ch. R' A. Eiger 37b, Even Yaakov 44: 3, Bais Lechem Yehuda and Mourning in Halacha ibid.) Other Poskim maintain that the tradition of not taking things out of the mourner's house has no basis in Halocho at all. (Yosef Ometz, quoted ibid.)
Horav Shlomo Miller's Shlit"a opinion is that from the onset of the shiva, the avelim should request or put up a sign stating that unused food contributions will be donated to people or institutions in need. Therefore, since that becomes the intention of the donors it is permitted to remove them from the shiva house. If that was not done the food should still be contributed, as ba'al taschis (wasting) is according to many a biblical prohibition.
The Rov Shlit"a also pointed out that once the food products are delivered at the shiva house they may not be anymore under any institutional kashrus supervision and you may be just relying on the ne'emonus and credibility of the house dwellers.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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