Abba - no tombstone or something physical for future generations to visit; future generations can’t check genealogical information (discussed 7/14/23)
Adir - Starts with the traditional taboo and prohibition on this; if people still want it he pivots to “The soul has already left the body at this point” and “If you aren’t concerned with bodily resurrection…”; argument for cremation = no room in cemeteries; now water cremation and not just fire (discussed 7/27/23)
Websites to access:
CJLS Responsa (pull from here primarily): https://www.rabbinicalassembly.org/sites/default/files/assets/public/halakhah/teshuvot/19861990/shapiro_cremation.pdf
The cremation process: https://www.dignitymemorial.com/cremation/cremation-process
MyJewishLearning: https://www.myjewishlearning.com/article/judaism-on-cremation/
CCAR: https://www.ccarnet.org/ccar-responsa/nyp-no-5766-2/
Other: https://www.dc.jewish-funerals.org/burial-and-cremation
Article: https://www.dc.jewish-funerals.org/sites/default/files/spiritweb/concerningcremation.pdf
https://www.youtube.com/watch?v=2ptWDigjFO8
The Times of Israel
"A burning question"
How is it that a mere 70 years after the Holocaust, a full one-third of American Jews are opting for cremation?
By RENEE GHERT-ZAND 19 July 2012, 1:55 pm
The Jewish Exponent
Cemetery Ad Stirs Up a Stinging Controversy
By dmichaels
February 8, 2013
Although he sensed potential provocation, the general manager of a local Jewish cemetery said he never imagined that his full-page advertisement touting cremation as an alternative to burial would cause such a backlash.
"Did you know … Jewish people are being cremated?" blared the banner in the full-page advertisement for Roosevelt Memorial Park in Trevose in the Oct. 28 issue of the Jewish Exponent.
But in a barrage of letters and calls to the cemetery, as well as to the Exponent, several rabbis and Holocaust survivors expressed outrage that Roosevelt would promote something that's considered taboo in Jewish tradition, both because of Jewish law and the association the process has with Nazi death camps.
David Gordon, the cemetery's manager, said that his intention was not to condone the practice, but to encourage Jews who consider cremation to be memorialized in some Jewish context.
"I wasn't advocating for cremation in the least," said Gordon.
The controversy highlighted a practice that, while contrary to Jewish law, has become more common among Jews as it has gained acceptance in mainstream America.
Until the end of the 19th century, the practice of cremation was extremely rare in this country, but that has changed dramatically. By 1999, 25 percent of the deceased in the United States were cremated, according to the National Funeral Directors Association. By 2009, that figure had climbed to 37 percent.
The trend has clearly had an impact on the Jewish community. Locally, somewhere between 10 percent and 13 percent of the Jewish dead are cremated, according to several funeral home and cemetery directors.
Gordon said that people have given a variety of reasons for choosing cremation, from not liking the idea of lying in the ground after death to a sense that it's a wiser use of limited space in the world.
But according to Samuel Brodsky, a supervisor at Joseph Levine & Sons, the decision is often "strictly economic. Cremation is appreciably less expensive."
Cremation can cost as little as $1,000. While costs for traditional burial vary widely, it routinely runs upward of $10,000.
The Torah itself does not explicitly forbid cremation, but in-ground burial was the norm in ancient Israel, and rabbinic rulings have forbidden cremation. Each denomination has a slightly different take on the practice.
Some Orthodox Jews believe that the dead will be revived when the Messianic age dawns, so bodies must be buried intact. Rabbi Yonah Gross, of Congregation Beth Hamedrosh in Wynnewood said that a body is considered to contain the name of God, like a Torah scroll.
Orthodox rabbis do not officiate at funeral services where a cremation is involved. However, according to the Orthodox Union, there has been some debate over whether it's permissible for ashes to be buried in a Jewish cemetery.
The Conservative movement considers cremation a violation of Jewish law. But according to a 1986 ruling issued by the Rabbinical Assembly, if a family chooses cremation, a Conservative rabbi is permitted to officiate at a chapel memorial service, as long as the body of the deceased is present in the room. That clearly rules out officiating at the burial of ashes.
'Trying to Help' in Ways Rabbis Can
Conservative Rabbi Neil Cooper of Temple Beth Hillel/Beth El of Wynnewood said he has officiated at pre-cremation services and likens the movement's approach to its take on intermarriage. Conservative rabbis are prohibited from officiating at an interfaith wedding, but not from counseling the couple before and after matrimony.
"Even though we may not be able to assist you in all of the non-traditional things you are doing, we are trying to help in all the ways that we can," he said.
Reform and Reconstructionist rabbis teach that cremation is contrary to Jewish tradition, and are expected to discourage families from taking that route. But clergy from both denominations are afforded much broader latitude.
For example, Reform rabbis do not require a body, or even the ashes, to be present in order to conduct a memorial service. Some Reform rabbis will conduct a graveside service for the burial of ashes.
Rabbi Robert Leib of Old York Road Temple-Beth Am in Abington said that he never asks a family whether or not they plan to have the ashes present at a service. He's been performing ceremonies involving cremation since the 1980s, when he was serving a liberal congregation in Cape Town, South Africa, where he was born.
"I, as a rabbi, have no right to tamper with or amend the last will and testament of an individual," said the Reform rabbi.
But Leib said he understood why many in the community find cremation objectionable and were disturbed by the Roosevelt ad.
Regret for Emotional Reactions
In a response to the ad, Rabbi Lisa Malik of Suburban Jewish Community Center-B'nai Aaron of Havertown, said: "In this post-Holocaust era, within a few weeks of the anniversary of Kristallnacht, how could any Jew, in good conscience, sponsor an ad that encourages the burning of Jewish bodies in ovens?"
Manya Perel, an 86-year-old resident of the Northeast who said she survived eight concentration camps, called Gordon directly, as well as the Exponent, and said that seeing the advertisement has made many in the survivor community "feel we are again under the power of Hitler and the Nazis."
'Arson' at Tel Aviv crematorium
A commercial crematorium in Israel has been heavily damaged by fire, hours after its secret location was revealed in an ultra-Orthodox Jewish newspaper.
The crematorium near Tel Aviv opened two years ago to fierce criticism from Israel's orthodox community.
Most Jews believe Jews should be buried according to religious tradition, not cremated.
Police found signs of forced entry at the site and believe Wednesday's fire was started deliberately.
Earlier in the day, an ultra-orthodox newspaper had published the location of the Alei Shalechet crematorium.
The site's owners had kept its exact location secret, fearing possible attacks from religious groups.
(א) כֹּ֚ה אָמַ֣ר ה' עַל־שְׁלֹשָׁה֙ פִּשְׁעֵ֣י מוֹאָ֔ב וְעַל־אַרְבָּעָ֖ה לֹ֣א אֲשִׁיבֶ֑נּוּ עַל־שָׂרְפ֛וֹ עַצְמ֥וֹת מֶֽלֶךְ־אֱד֖וֹם לַשִּֽׂיד׃
(1) Thus said the Lord: For three transgressions of Moab, For four, I will not revoke it: Because he burned the bones Of the king of Edom to lime.
(א) על שרפו עצמות וגו'. פעם אחת נפל מלך אדום ביד מלך מואב ושרפו עצמותיו וטחום בקירות הבית ותבע הקב"ה אונאת המלך שנהגו בו בזיון:
Because they burnt the bones, etc. Once the king of Edom fell in the hands of the king of Moav, and they burnt his bones and ground them in the walls of the house. God demanded the king's insult, for they had acted disgracefully toward him.
וא"ר חייא בר אבויה כתוב על גלגלתו של יהויקים זאת ועוד אחרת זקינו דרבי פרידא אשכח ההוא גולגלתא דהות שדיא בשערי ירושלים והוה כתוב עילויה זאת ועוד אחרת קברה והדר נבוג קברה והדר נבוג אמר האי גולגלתא של יהויקים דכתיב ביה (ירמיהו כב, יט) קבורת חמור יקבר סחוב והשלך מהלאה לשערי ירושלים אמר מלכא הוא ולאו אורח ארעא לבזויי שקלה כרכה בשיראי ואותביה בסיפטא אתאי דביתהו חזיתה נפקת אמרה להו לשיבבתהא אמרי לה האי דאיתתא קמייתא היא דלא קא מנשי לה שגרתא לתנורא וקלתה כי אתא אמר היינו דכתיב עילויה זאת ועוד אחרת.
§ The Gemara cites another of Rav Ḥiyya bar Avuya’s statements. Rabbi Ḥiyya bar Avuya says: It was written on the skull of Jehoiakim king of Judea: This and yet another, indicating that he will suffer a punishment in addition to the punishment that he already received. The Gemara relates: The grandfather of Rabbi Perida, Rabbi Ḥiyya bar Avuya, found a skull that was cast at the gates of Jerusalem, and upon it was written: This and yet another. He buried it, and it then emerged from beneath the soil. He buried it and it then emerged from beneath the soil again. He said: This is the skull of Jehoiakim, as it is written in his regard: “With the burial of a donkey he shall be buried, drawn and cast beyond the gates of Jerusalem” (Jeremiah 22:19). He will find no rest in a grave. Rabbi Ḥiyya bar Avuya said: He is a king and it is not proper conduct to treat him contemptuously. He took the skull, wrapped it in silk [beshira’ei] and placed it in a chest [besifta]. His wife came and saw the skull, went out and told her neighbors and asked them what it was. The neighbors said to her: This is the skull of the first wife to whom he was married, as he has not forgotten her and he keeps her skull in her memory. That angered his wife, and she kindled the oven and burned the skull. When Rabbi Ḥiyya son of Avuya came and learned what she had done, he said: That is the fulfillment of that which is written about him: This and yet another.
American Reform Responsa #100, 1891
Though some might have considered the burying of the dead merely as a minhag (a custom), not as a mitzvah (an explicit law), it is certain that this minhag was very deeply rooted and was consecrated in the consciousness of the people, and such a minhag, such an unwritten law, is - according to very ancient Jewish legal principles - superior to the written law, and even supersedes it ("Haminhag mevatel et hahalacha"). It is further certain that since the eighth century all authorities, without exception, agree that kevura is one of the six hundred and thirteen commandments of the Torah. The first one who specified the six hundred thirteen commandments (which, according to a dictum of Rabbi Simlai, are prescribed in the Torah) was R. Simon of Kahira, and in his enumeration of the same he included also "likbor et hametim" (Halachot Gedolot, ed. Hildesheimer, p. 13).
(כג) לֹא־תָלִ֨ין נִבְלָת֜וֹ עַל־הָעֵ֗ץ כִּֽי־קָב֤וֹר תִּקְבְּרֶ֙נּוּ֙ בַּיּ֣וֹם הַה֔וּא כִּֽי־קִלְלַ֥ת אֱלֹקִ֖ים תָּל֑וּי וְלֹ֤א תְטַמֵּא֙ אֶת־אַדְמָ֣תְךָ֔ אֲשֶׁר֙ ה' אֱלֹקֶ֔יךָ נֹתֵ֥ן לְךָ֖ נַחֲלָֽה׃ (ס)
(23) You must not let his corpse remain on the stake overnight, but must bury him the same day. For an impaled body is an affront to God: you shall not defile the land that the Lord your God is giving you to possess.
(א) הַהֶסְפֵּד כְּבוֹד הַמֵּת הוּא. לְפִיכָךְ כּוֹפִין אֶת הַיּוֹרְשִׁין לִתֵּן שְׂכַר מְקוֹנְנִים וְהַמְקוֹנְנוֹת וְסוֹפְדִין אוֹתוֹ. וְאִם צִוָּה שֶׁלֹּא יִסְפְּדוּהוּ אֵין סוֹפְדִין אוֹתוֹ. אֲבָל אִם צִוָּה שֶׁלֹּא יִקָּבֵר אֵין שׁוֹמְעִין לוֹ. שֶׁהַקְּבוּרָה מִצְוָה שֶׁנֶּאֱמַר (דברים כא כג) "כִּי קָבוֹר תִּקְבְּרֶנּוּ":
(1) Funeral rites are held in honor of the deceased. Accordingly, the heirs are compelled to pay a fee to wailing men and women who eulogize the dead. But if the deceased charged in his will not to eulogize him, he should not be eulogized. If, however, he charged in his will not to bury him, his wish is not heeded, because burying the dead is a religious duty, as it is written: "You must bury him" (Deuteronomy 21:23).
Melamed Le-Ho'il, Yoreh Deah 114:2
It is certainly prohibited to burn a Jewish body after he has passed away, and this is for two reasons:
1. Because by doing this you will have nullified a positive mitzvah, as the Torah states: "Rather you shall surely bury him on that day." And it doesn't matter if you have the ashes; even if you are obligated to bury the ashes, you are no longer able to fulfill the mitzvah of burial, because when the Torah says to bury a body, it means to bury the entire body.
2. It is prohibited to burn a human body, because we see from the Torah and the Talmud that it is a great disgrace to the body to burn it. As we see in the verse in the prophet Amos, the story in tractate Sanhedrin about Yehoyakim's skull and that the sages of the Talmud allow us to violate Shabbat to remove a body from a burning building.
שו"ת דעת כהן יורה דעה סימן קצז
והרי מצינו שאסור לחקות את המינים
בכל דרכיהם...
Responsa Daat Kohen YD 197
And behold we have found that one may not mimic the heretics in all their ways...
Achiezer 3:72 (R. Chaim Ozer Grodzinksy)
According to the Beit Yitzchak, the reason is that the mitzvah of burial is something our great ancestors have involved themselves in, and one who buries their deceased has faith in the revival of the dead. And if one burns a body, it is as if he denies God's ability to bring back the dead.
(ז) וַיִּיצֶר֩ ה' אֱלֹקִ֜ים אֶת־הָֽאָדָ֗ם עָפָר֙ מִן־הָ֣אֲדָמָ֔ה וַיִּפַּ֥ח בְּאַפָּ֖יו נִשְׁמַ֣ת חַיִּ֑ים וַֽיְהִ֥י הָֽאָדָ֖ם לְנֶ֥פֶשׁ חַיָּֽה׃
(7) the Lord God formed man from the dust of the earth. He blew into his nostrils the breath of life, and man became a living being.
(ב) עפר מן האדמה צָבַר עֲפְרוֹ מִכָּל הָאֲדָמָה מֵאַרְבַּע רוּחוֹת, שֶׁכָּל מָקוֹם שֶׁיָמוּת שָׁם תְּהֵא קוֹלַטתּוֹ לִקְבוּרָה דָּ"אַ נָטַל עֲפְרוֹ מִמָּקוֹם שֶׁנֶאֱמַר בּוֹ מִזְבַּח אֲדָמָה תַּעֲשֶׂה לִי (שמות כ'), הַלְוַאי תִּהְיֶה לוֹ כַפָּרָה וְיוּכַל לַעֲמוֹד:
(2) Dust of the earth — He gathered his dust (i. e. that from which he was made) from the entire earth — from its four corners — in order that wherever he might die, it should receive him for burial (Midrash Tanchuma, Pekudei 3). Another explanation: He took his dust from that spot on which the Holy Temple with the altar of atonement was in later times to be built of which it is said, (Exodus 20:24) “An altar of earth thou shalt make for Me” saying, “Would that this sacred earth may be an expiation for him so that he may be able to endure” (Genesis Rabbah 14:8).
(יט) בְּזֵעַ֤ת אַפֶּ֙יךָ֙ תֹּ֣אכַל לֶ֔חֶם עַ֤ד שֽׁוּבְךָ֙ אֶל־הָ֣אֲדָמָ֔ה כִּ֥י מִמֶּ֖נָּה לֻקָּ֑חְתָּ כִּֽי־עָפָ֣ר אַ֔תָּה וְאֶל־עָפָ֖ר תָּשֽׁוּב׃
(19) By the sweat of your brow Shall you get bread to eat, Until you return to the ground— For from it you were taken. For dust you are, And to dust you shall return.”
(א) עֲקַבְיָא בֶן מַהֲלַלְאֵל אוֹמֵר, הִסְתַּכֵּל בִּשְׁלשָׁה דְבָרִים וְאִי אַתָּה בָא לִידֵי עֲבֵרָה. דַּע מֵאַיִן בָּאתָ, וּלְאָן אַתָּה הוֹלֵךְ, וְלִפְנֵי מִי אַתָּה עָתִיד לִתֵּן דִּין וְחֶשְׁבּוֹן. מֵאַיִן בָּאתָ, מִטִּפָּה סְרוּחָה, וּלְאָן אַתָּה הוֹלֵךְ, לִמְקוֹם עָפָר רִמָּה וְתוֹלֵעָה. וְלִפְנֵי מִי אַתָּה עָתִיד לִתֵּן דִּין וְחֶשְׁבּוֹן, לִפְנֵי מֶלֶךְ מַלְכֵי הַמְּלָכִים הַקָּדוֹשׁ בָּרוּךְ הוּא:
(1) Akavia ben Mahalalel says: Keep your eye on three things, and you will not come to sin: Know from where you came, and to where you are going, and before Whom you are destined to give an account and a reckoning. From where did you come? From a putrid drop. And to where are you going? To a place of dust, worms, and maggots. And before Whom are you destined to give an account and a reckoning? Before the King of kings, the Holy One, blessed be He.
With appreciation to: Tzvi Sinensky (his sheet “End of Life in Judaism #8: Cremation was particularly informative),
By the sweat of your brow shall you get bread to eat, Until you return to the ground; For from it you were taken. For dust you are, And to dust you shall return.
(7) the LORD God formed man from the dust of the earth. He blew into his nostrils the breath of life, and man became a living being.
(22) If a person is guilty of a capital offense and is put to death, and you hang them on a tree (23) you must not let their corpse remain on the stake overnight, but must bury them the same day. For an impaled body is an affront to God: you shall not defile the land that the LORD your God is giving you to possess.
Joseph was concerned lest his father’s body begin to decompose during the unusually long mourning period that preceded his interment..According to the Sages, God criticized him for this, saying, “Do you think that I am unable to preserve my righteous ones?” It was on account of this that Joseph died before all his brothers...
...The next day the Philistines came to strip the slain, and they found Saul and his three sons lying on Mount Gilboa. They cut off his head and stripped him of his armor, and they sent them throughout the land of the Philistines... They placed his armor in the temple of Ashtaroth, and they impaled his body on the wall of Beth-shan. When the inhabitants of Jabesh-gilead heard about it—what the Philistines had done to Saul— all their stalwart men set out and marched all night; they removed the bodies of Saul and his sons from the wall of Beth-shan and came to Jabesh and burned them there. Then they took the bones and buried them under the tamarisk tree in Jabesh, and they fasted for seven days.
They burned him in the way that kings' bodies were ceremoniously burned; alternatively, they embalmed him with sharp spices which "burned" his flesh with their sharpness...
(א) הַנּוֹתֵן מֵתוֹ בְּאָרוֹן וְלֹא קְבָרוֹ בַּקַּרְקַע, עוֹבֵר מִשּׁוּם מֵלִין אֶת הַמֵּת. וְאִם נְתָנוֹ בְּאָרוֹן וּקְבָרוֹ בַּקַּרְקַע, אֵינוֹ עוֹבֵר עָלָיו, וּמִכָּל מָקוֹם יָפֶה לְקָבְרוֹ בַּקַּרְקַע מַמָּשׁ, אֲפִלּוּ בְּחוּץ לָאָרֶץ.
One who places his deceased in a coffin but does not bury him in earth transgresses [the prohibition of] "leaving the deceased overnight."... In any event, it is good to truly bury him in soil, even outside Israel.
An ancient burial cave, dating from the 5th century BCE, smack by one of Israel's busiest traffic arteries, the Ayalon Highway. (Moshe Gilad)
At first the wealthy would take the deceased out for burial on a decorative couch, and the poor would take the deceased out on a plain wooden board made from poles that were strapped together, and the poor were embarrassed. The Sages instituted that everyone should be taken out for burial on a plain wooden board, due to the honor of the poor... Likewise, at first taking the dead out for burial was more difficult for the relatives than the actual death, because it was customary to bury the dead in expensive shrouds, which the poor could not afford. The problem grew to the point that relatives would sometimes abandon the corpse and run away. This lasted until Rabban Gamliel came and waived his dignity, by leaving instructions that he be taken out for burial in linen garments. And the people adopted this practice after him and had themselves taken out for burial in linen garments. Rav Pappa said: And nowadays, everyone follows the practice of taking out the dead for burial even in plain hemp garments [tzerada] that cost only a dinar.
(ד) וְחוֹפְרִין בַּעֲפַר מְעָרוֹת וְעוֹשִׂין כּוּךְ בְּצַד הַמְּעָרָה וְקוֹבְרִין אוֹתוֹ בּוֹ וּפָנָיו לְמַעְלָה. וּמַחְזִירִין הֶעָפָר וְהָאֲבָנִים עָלָיו. וְיֵשׁ לָהֶן לִקְבֹּר בְּאָרוֹן שֶׁל עֵץ. וְהַמְלַוִּין אוֹתוֹ אוֹמְרִין לוֹ לֵךְ בְּשָׁלוֹם שֶׁנֶּאֱמַר (בראשית טו טו) "וְאַתָּה תָּבוֹא אֶל אֲבֹתֶיךָ בְּשָׁלוֹם". וּמְצַיְּנִין אֶת כָּל בֵּית הַקְּבָרוֹת וּבוֹנִין נֶפֶשׁ עַל הַקֶּבֶר. וְהַצַּדִּיקִים אֵין בּוֹנִים לָהֶם נֶפֶשׁ עַל קִבְרוֹתֵיהֶם שֶׁדִּבְרֵיהֶם הֵם זִכְרוֹנָם. וְלֹא יִפְנֶה אָדָם לְבַקֵּר הַקְּבָרוֹת:
We bury the corpse with its face upward; we then place the earth and the stones back in place above it. They may bury it in a wooden coffin. Kessef Mishna: and in the final chapter of Kilayim (9:1) Rebbi instructed that coffins have holes that are connected to the earth...
(ד) אין נותנין ב' ארונות זה על זה ואם נתן כופין העליון שיפנה ואם יש ביניהם עפר ששה טפחים מותר:
They do not place two coffins, one above the other. If one placed [them in this position], they may compel [the owner of the] one above that it be removed. If between them [the coffins] there are six handbreadths of earth, it is permissible.
The New York Times, "Thinking About Having a Green Funeral?" Mar. 22, 2018
Here is what Americans put in the ground each year through traditional burials: 20 million feet of wood, 4.3 million gallons of embalming fluids, 1.6 million tons of reinforced concrete, 17,000 tons of copper and bronze, and 64,500 tons of steel, according to the Green Burial Council.
Green burials eliminate much of this waste by leaving out almost all of those materials; most bodies are simply wrapped in shrouds made from a biodegradable material like cotton and placed in the ground. And although cremations often have the reputation as being an eco-friendly option, they tend to have an outsize carbon footprint.
Maurice Lamm, The Jewish Way in Death and Mourning (1969)
Cremation is never permitted. The deceased must be interred, bodily, in the earth. It is forbidden - in every and any circumstance - to reduce the dead to ash in a crematorium. It is an offensive act, for it does violence to the spirt and letter of Jewish law, which never, in the long past, sanctioned the ancient pagan practice of burning on the pyre...Even if the deceased willed cremation, their wishes must be ignored in order to observe the will of God. Biblical law takes precedence over the instructions of the deceased...Cremated ashes may not be buried in a Jewish cemetery... Shivah is not observed and Kaddish is not recited for them...
With appreciation to: Tzvi Sinensky (his sheet “End of Life in Judaism #8: Cremation was particularly informative), Gabe Greenberg,
With appreciation to: Tzvi Sinensky (his sheet “End of Life in Judaism #8: Cremation was particularly informative), Gabe Greenberg, Hadar Institute Responsa Radio,
Here we have a few examples of punishment. A ruler who became full of himself, who thought his riches meant that he was a god. Ezekiel prophesized that God would bring him down and destroy his city.
People are reduced to ashes is a punishment for wickedness.
And a city is reduced to ashes as punishment for dishonesty and desecration.
(יח) וְשַׁבְתֶּם֙ וּרְאִיתֶ֔ם בֵּ֥ין צַדִּ֖יק לְרָשָׁ֑ע בֵּ֚ין עֹבֵ֣ד אֱלֹהִ֔ים לַאֲשֶׁ֖ר לֹ֥א עֲבָדֽוֹ׃ (ס) (יט) כִּֽי־הִנֵּ֤ה הַיּוֹם֙ בָּ֔א בֹּעֵ֖ר כַּתַּנּ֑וּר וְהָי֨וּ כָל־זֵדִ֜ים וְכָל־עֹשֵׂ֤ה רִשְׁעָה֙ קַ֔שׁ וְלִהַ֨ט אֹתָ֜ם הַיּ֣וֹם הַבָּ֗א אָמַר֙ יְהוָ֣ה צְבָא֔וֹת אֲשֶׁ֛ר לֹא־יַעֲזֹ֥ב לָהֶ֖ם שֹׁ֥רֶשׁ וְעָנָֽף׃ (כ) וְזָרְחָ֨ה לָכֶ֜ם יִרְאֵ֤י שְׁמִי֙ שֶׁ֣מֶשׁ צְדָקָ֔ה וּמַרְפֵּ֖א בִּכְנָפֶ֑יהָ וִֽיצָאתֶ֥ם וּפִשְׁתֶּ֖ם כְּעֶגְלֵ֥י מַרְבֵּֽק׃ (כא) וְעַסּוֹתֶ֣ם רְשָׁעִ֔ים כִּֽי־יִהְי֣וּ אֵ֔פֶר תַּ֖חַת כַּפּ֣וֹת רַגְלֵיכֶ֑ם בַּיּוֹם֙ אֲשֶׁ֣ר אֲנִ֣י עֹשֶׂ֔ה אָמַ֖ר יְהוָ֥ה צְבָאֽוֹת׃ (פ)
(18) And you shall come to see the difference between the righteous and the wicked, between him who has served God and him who has not served Him. (19) For lo! That day is at hand, burning like an oven. All the arrogant and all the doers of evil shall be straw, and the day that is coming—said the LORD of Hosts—shall burn them to ashes and leave of them neither stock nor boughs. (20) But for you who revere My name a sun of victory shall rise to bring healing. You shall go forth and stamp like stall-fed calves, (21) and you shall trample the wicked to a pulp, for they shall be ashes beneath your feet on the day that I am preparing—said the LORD of Hosts.
(יח) מֵרֹ֣ב עֲוֺנֶ֗יךָ בְּעֶ֙וֶל֙ רְכֻלָּ֣תְךָ֔ חִלַּ֖לְתָּ מִקְדָּשֶׁ֑יךָ וָֽאוֹצִא־אֵ֤שׁ מִתּֽוֹכְךָ֙ הִ֣יא אֲכָלַ֔תְךָ וָאֶתֶּנְךָ֤ לְאֵ֙פֶר֙ עַל־הָאָ֔רֶץ לְעֵינֵ֖י כָּל־רֹאֶֽיךָ׃
(18) By the greatness of your guilt, Through the dishonesty of your trading, You desecrated your sanctuaries. So I made a fire issue from you, And it has devoured you; I have reduced you to ashes on the ground, In the sight of all who behold you.
We can find no source in Tanach for cremation of the human body as part of a Jewish tradition for honorable burial.
With appreciation to: Tzvi Sinensky (his sheet “End of Life in Judaism #8: Cremation was particularly informative), Gabe Greenberg, Hadar Institute Responsa Radio, David Zinner,
(א) קְבוּרָה הָאֲמוּרָה בַּתּוֹרָה, הִיא שֶׁיִּתֵּן אֶת הַמֵּת בַּקַּרְקַע מַמָּשׁ. וּבְהַרְבֵּה מְקוֹמוֹת נוֹהֲגִין לְהַנִּיחַ אֶת הַמֵּת בְּאָרוֹן הֶעָשׂוּי מִנְּסָרִים וְכָךְ קוֹבְרִין אוֹתוֹ, דְּאִי אֶפְשָׁר שֶׁלֹּא יִהְיוּ נְקָבִים בְּאָרוֹן זֶה, וְסַגֵּי בְּהָכִי. וְיֵשׁ מְקוֹמוֹת שֶׁקּוֹבְרִין בְּלֹא אָרוֹן, אֶלָּא מַנִּיחִין אוֹתוֹ עַל הַקַּרְקַע מַמָּשׁ בְלֹא דַף תַּחְתָּיו, אֶלָּא מִן הַצְּדָדִין נוֹתְנִים שְׁנֵי דַפִּים, וְעַל אֵלּוּ נוֹתְנִים עוֹד דַּף אֶחָד, כְּדֵי שֶׁלֹּא יִפּוֹל הֶעָפָר עַל גּוּף הַמֵּת, שֶׁזֶּה בִזָּיוֹן לוֹ. וְיֵשׁ עוֹד מְקוֹמוֹת שֶׁקּוֹבְרִין שְׁאָר מֵתִים כָּךְ בְּלֹא אָרוֹן, וְרַק לְכֹהֲנִים וּבְכוֹרִים שֶׁהֵם חֲשׁוּבִים, עוֹשִׂים אָרוֹן. כְּשֶׁעוֹשִׂין אָרוֹן, יֵשׁ לִזָּהֵר בְּשִׁיּוּרֵי הַנְּסָרִים, שֶׁלֹּא לַעֲשֹוֹת מֵהֶם אֵיזֶה תַשְׁמִישׁ, וְיֵשׁ לְהַסִּיק בָּהֶן תַּחַת הַכְּלִי שֶׁמְּחַמְּמִים אֶת הַמַּיִם לְטָהֳרָה. טוֹבֵי לֵבָב שֶׁהֶאֱכִילוּ עֲנִיִים עַל שֻׁלְחָנָם, יֵש לַעֲשוֹת לָהֶם אָרוֹן מִן הַשֻׁלְחָן, כְּמוֹ שֶׁכָּתוּב, וְהָלַךְ לְפָנֶיךָ צִדְקֶךָ.
(1) The burial mentioned in the Torah, means actually placing the body in the earth.1Cremation of the body is forbidden and those who ask to be cremated are considered transgressors and heretics as they deny the resurrection. Their ashes are forbidden to be interred in a Jewish cemetery and there should be no mourning over them. (See Yora Deiah 345:5) In many places it is customary to place the deceased in a wooden coffin, and he is buried in that manner. Since it is impossible that such a coffin is without holes [at the bottom], it is sufficient to bury him is such a way. In some places the body is buried without a coffin, rather it is placed actually on the earth, without a board underneath, but with one board placed on each side, and one more board on top of them to prevent any dirt from falling upon the body, which would be a dishonor to him. In other communities, ordinary men are buried without a coffin, and only for kohanim and firstborn males, who are of special importance, are coffins made. When making a coffin, care must be taken that the remnants of the boards not be used for any other purpose. They should be burned for fuel to heat the cauldron in which water is warmed for the ritual purification of the deceased. Benevolent people, who in their lifetime fed the poor at their table, should be buried in a coffin made of boards from the table, as it is written, "And your righteousness shall go before you."2Isaiah 58:8.
With appreciation to: Tzvi Sinensky (his sheet “End of Life in Judaism #8: Cremation was particularly informative), Gabe Greenberg, Hadar Institute Responsa Radio, David Zinner, Jacob Fine,
The one responsum to which all the matirim (lenient authorities) refer is that of Rabbi Moses Israel Tedeschi of Trieste (quoted above). He claims that cremation is not only permitted but is recommended, it is a Mitzvah. His definition of Hibut Hakever, which was considered a severe punishment, is the fear that one might be buried alive. Now that we have a far better way of disposing of the dead, which would eliminate this fear, we should use it. The suggestion of R. Solomon Ibn Adret to put lime on the body he construed as a form of cremation. Again, he insists, now that we have a far better method, it should be used in consonance with the suggestion of Adret. All the biblical verses where a return to mother earth is urged are not commandments but rather statements of fact, diber hakatuv bahoveh.
רב אשי אמר אבילות מאימתי קא מתחלת מסתימת הגולל כפרה מאימתי קא הויא מכי חזו צערא דקברא פורתא
Rav Ashi says that an alternative resolution of the objection raised by Rav Adda bar Ahava may be suggested: When does the obligation of mourning a deceased relative commence? It begins from the time of the sealing of the grave with the grave cover. And when is atonement achieved? Atonement is achieved when the deceased begins to see and experience a bit of the anguish of the grave.
רב אשי אמר - לעולם לא בעינן עיכול הבשר אלא צערא דחיבוט הקבר פורתא וטעמא דלא היו מתאבלים משום דאבילות מסתימת הגולל חיילא כדתניא באלו מגלחין.
11th century
Rav Ashi says - decomposition of the flesh is not needed, rather a little of the affliction of the beatings of the grave. The reason is because they don't mourn because mourning takes effect when the grave is sealed as is explained in perek 'alu megalchin' (moed katan 3).
With appreciation to: Tzvi Sinensky (his sheet “End of Life in Judaism #8: Cremation was particularly informative), Gabe Greenberg, Hadar Institute Responsa Radio, David Zinner, Jacob Fine, Ari Elias-Bachrach,
From "Judaism and the Human Body" by Rabbi Bradley Artson at https://www.myjewishlearning.com/article/lets-get-physical/
Why is an impaled body an offense against God? Wouldn’t the humiliated corpse serve a valuable preventative function, since all who saw it would resolve not to commit a similar offense? If so, it should be a good thing to leave the body hanging. Besides, the person isn’t the same as the body anyway! The body is relatively unimportant, like a used set of clothing that no longer fits. So who cares about how the body is treated!
Apparently, the Torah doesn’t accept that trivialization of the body. Rashi adds to the Torah that, “It is a slight to the King [God] because humanity is made in the likeness of God’s image and Israel are God’s children.” This may be likened to two twin brothers who resembled each other; one became a king while the other was seized as a criminal and hanged. Whoever saw him exclaimed, ‘The king is hanged.'” This shocking comment implies that our resemblance to God is more than just spiritual, that even our bodies reflect the Divine Image, and therefore deserve reverence and respect.
In Midrash Va-Yikra Rabbah, the great sage, Hillel, compares keeping our bodies clean to maintaining a statue of a king. He comments that, “Bathing the body is an obligation, since we are created in the image of the Ruler of the world.”
For that same reason, Jewish tradition prohibits cremation as undignified to the body of the deceased, and Talmudic tradition affirms a physical resurrection of the dead. One need not share every Talmudic belief about the afterlife to recognize great wisdom in preserving a sense of awe and gratitude for the human body.
In an age awash in self-destructive drugs, too busy to exercise or to eat carefully, respect for our bodies is dangerously low on our agenda. Teenagers and women smoke in growing numbers, and alcohol use, too, is on the rise. Biblical and Rabbinic tradition maintain that our bodies reflect God’s image and therefore command respectful maintenance. In addition, our bodies are not our property, but God’s. We use them, as the tenants and stewards of God’s possessions. But ultimately, our bodies must be returned, well-tended, to their original Owner.
With appreciation to: Tzvi Sinensky (his sheet “End of Life in Judaism #8: Cremation was particularly informative), Gabe Greenberg, Hadar Institute Responsa Radio, David Zinner, Jacob Fine, Ari Elias-Bachrach, Rabbi Ruhi Sophia Rubenstein, David Siff
ולא זו בלבד כו':
א"ר יוחנן משום ר"ש בן יוחי מנין למלין את מתו שעובר עליו בל"ת ת"ל כי קבר תקברנו מכאן למלין את מתו שעובר בלא תעשה איכא דאמרי אמר רבי יוחנן משום ר"ש בן יוחי רמז לקבורה מן התורה מניין ת"ל כי קבר תקברנו מכאן רמז לקבורה מן התורה
א"ל שבור מלכא לרב חמא קבורה מה"ת מניין אישתיק ולא א"ל ולא מידי
אמר רב אחא בר יעקב אימסר עלמא בידא דטפשאי דאיבעי ליה למימר כי קבור דליעבד ליה ארון תקברנו לא משמע ליה
ונימא מדאיקבור צדיקי מנהגא בעלמא
מדקבריה הקב"ה למשה דלא לישתני ממנהגא
ת"ש (מלכים א יד, יג) וספדו לו כל ישראל וקברו אותו דלא לישתני ממנהגא
(ירמיהו טז, ד) לא יספדו ולא יקברו לדומן על פני האדמה יהיו דלישתנו ממנהגא
איבעיא להו קבורה משום בזיונא הוא או משום כפרה הוא
למאי נפקא מינה דאמר לא בעינא דליקברוה לההוא גברא אי אמרת משום בזיונא הוא לא כל כמיניה ואי אמרת משום כפרה הוא הא אמר לא בעינא כפרה מאי
ת"ש מדאיקבור צדיקי ואי אמרת משום כפרה צדיקי לכפרה צריכי אין דכתיב (קהלת ז, כ) אדם אין צדיק בארץ אשר יעשה טוב ולא יחטא
ת"ש וספדו לו כל ישראל וקברו אותו ואי אמרת כי היכי דתיהוי ליה כפרה הנך נמי ליקברו כי היכי דתיהוי להו כפרה האי דצדיק הוא תיהוי ליה כפרה הנך לא ליהוי להו כפרה
ת"ש לא יספדו ולא יקברו דלא תיהוי להו כפרה
איבעיא להו הספידא יקרא דחיי הוי או יקרא דשכבי הוי למאי נפקא מינה דאמר לא תספדוה לההוא גברא אי נמי לאפוקי מיורשין
ת"ש (בראשית כג, ב) ויבא אברהם לספוד לשרה ולבכותה ואי אמרת משום יקרא דחיי הוא משום יקרא דאברהם משהו לה לשרה שרה גופה ניחא לה כי היכי דמייקר בה אברהם
ת"ש וספדו לו כל ישראל וקברו אותו ואי אמרת משום יקרא דחיי הוא הנך בני יקרא נינהו ניחא להו לצדיקיא דמייקרי בהו אינשי
ת"ש לא יספדו ולא יקברו לא ניחא לצדיקיא דמייקרי ברשיעייא
תא שמע (ירמיהו לד, ה) בשלום תמות ובמשרפות אבותיך המלכים הראשונים אשר היו לפניך כן ישרפו לך והוי אדון יספדו דחיי הוא מאי נפקא ליה מיניה הכי קאמר ליה לייקרו ביך ישראל כי היכי דמתייקרי באבהתך
ת"ש (תהלים טו, ד) נבזה בעיניו נמאס זה חזקיהו מלך יהודה שגירר עצמות אביו על מטה של חבלים ואי משום יקרא דחיי הוא מ"ט כי היכי דתיהוי ליה כפרה לאבוה
ומשום כפרה דאבוה משהו ליה ליקרא דישראל ישראל גופייהו ניחא להו דמיחלי יקרייהו לגביה
ת"ש אמר להן אל תספדוני בעיירות ואי אמרת יקרא דחיי מאי נפקא ליה מינה קסבר ליתייקרו ביה ישראל טפי
ת"ש הלינו לכבודו להביא לו ארון ותכריכין אינו עובר עליו מאי לאו לכבודו של מת לא לכבודו של חי
ומשום כבודו של חי מבית ליה למת אין כי אמר רחמנא (דברים כא, כג) לא תלין נבלתו על העץ דומיא דתלוי דאית ביה בזיון אבל הכא כיון דלית ביה בזיון לא
ת"ש הלינו לכבודו לשמע עליו עיירות להביא לו מקוננות להביא לו ארון ותכריכין אינו עובר עליו שכל העושה אינו אלא לכבודו של מת ה"ק כל העושה לכבודו של חי אין בו בזיון למת
ת"ש ר' נתן אומר סימן יפה למת שנפרעין ממנו לאחר מיתה מת שלא נספד ולא נקבר או שחיה גוררתו או שהיו גשמים מזלפין על מטתו זהו סימן יפה למת
ש"מ יקרא דשכבי הוא
שמע מינה:
§ The mishna teaches that everyone, not only an executed transgressor, must be buried on the day of his death, if that is at all possible. Rabbi Yoḥanan says in the name of Rabbi Shimon bar Yoḥai: From where is it derived that one who leaves his deceased relative overnight without burying him transgresses a prohibition? The verse states: “But you shall bury him [kavor tikberennu]” (Deuteronomy 21:23), doubling the verb for emphasis. From here it is derived that one who leaves his deceased relative overnight without burying him transgresses a prohibition.
There are those who say that Rabbi Yoḥanan says in the name of Rabbi Shimon bar Yoḥai: From where in the Torah is there a hint to the mitzva of burial? The verse states: “But you shall bury him [kavor tikberennu],” doubling the verb for emphasis. From here there is a hint to the mitzva of burial in the Torah.
The Gemara relates: King Shapur, the monarch of Persia, once said to Rav Ḥama: From where in the Torah is there a hint to the mitzva of burial? What proof is there that the dead must be buried and not treated in some other manner? Rav Ḥama was silent and said nothing to him, as he could not find a suitable source. Rav Aḥa bar Ya’akov said: The world has been handed over to the foolish, as Rav Ḥama should have said to King Shapur that the mitzva of burial is derived from the verse: “But you shall bury him” (Deuteronomy 21:23). The Gemara explains: In that case, King Shapur could have replied that the verse merely proves that a coffin should be made for the deceased so that he can be placed in it, not that the deceased should be buried in the ground, as the verse could be understood as instructing that the corpse be placed in some sort of receptacle, not in the ground. The Gemara challenges: Rav Ḥama could still have claimed that the mitzva of burial is derived from the doubled verb “you shall bury him [kavor tikberennu].” The Gemara answers: In that case, King Shapur could have replied that he does not learn anything from a doubled verb, which seems to be merely a stylistic choice and not the source of a new halakha. The Gemara asks: But let Rav Ḥama say that the mitzva to bury the dead is derived from the fact that the righteous forefathers, Abraham, Isaac, and Jacob, were all buried. The Gemara answers: King Shapur could have said that this was merely a custom of the time, but not a mitzva.
The Gemara asks: Rav Ḥama could have derived the mitzva from the fact that the Holy One, Blessed be He, buried Moses, which proves that this is the proper way to handle the dead. The Gemara answers: King Shapur could still have said that God acted in this manner in order not to deviate from the general custom, but this does not prove that burying the dead is a mitzva.
The Gemara suggests: Come and hear a proof that burying the dead is a mitzva, as the prophet Ahijah the Shilonite said about Abijah, son of Jeroboam: “And all Israel shall eulogize him and bury him” (I Kings 14:13). The Gemara answers: From here, too, there is no proof, as they may have buried Abijah in order not to deviate from the general custom of the world, and not because they were required to do so.
The Gemara proposes another proof: Jeremiah pronounced a curse upon the wicked, saying: “They shall not be eulogized, nor shall they be buried; but they shall be as dung upon the face of the earth” (Jeremiah 16:4), which proves that when no curse has been pronounced, the dead should be buried. The Gemara rejects this proof: From here, too, there is no proof that it is a mitzva to bury the dead, as Jeremiah cursed the wicked, saying that they would deviate from the general custom and not be buried. Due to all these difficulties, Rav Ḥama was unable to adduce incontrovertible proof that there is a mitzva to bury the dead.
A dilemma was raised before the Sages: Is burial obligatory on account of disgrace, i.e., so that the deceased should not suffer the disgrace of being left exposed as his body begins to decompose, or is it on account of atonement, i.e., so that the deceased will achieve atonement by being returned to the ground from which he was formed?
The Gemara asks: What is the practical difference that arises from knowing the reason that burial is necessary? The Gemara answers: There is a difference in a case where one said before he died: I do not want them to bury that man, i.e., myself. If you say that burial is required on account of disgrace, it is not in his power to waive his own burial, as his family shares in the disgrace. But if you say that burial is required on account of atonement, didn’t he effectively say: I do not want atonement, and with regard to himself one should be able to do as he wishes?
What, then, is the halakha? The Gemara suggests: Come and hear a proof from the fact that the righteous patriarchs, Abraham, Isaac, and Jacob, were all buried. And if you say that burial is required on account of atonement, do the righteous need atonement? The Gemara rejects this proof: Yes, even the righteous are in need of atonement, as it is written: “For there is no righteous person on earth who does good and never sins” (Ecclesiastes 7:20), and so even the righteous need atonement for the few sins that they committed over the course of their lifetimes.
The Gemara suggests: Come and hear a proof from the verse referring to Abijah, son of Jeroboam: “And all Israel shall eulogize him and bury him, for he alone of Jeroboam shall come to the grave” (I Kings 14:13). And if you say that burial is required so that the deceased should achieve atonement, these too, i.e., Jeroboam’s other sons, should also be buried so that they should achieve atonement. The Gemara rejects this argument: This son, Abijah, who was righteous, should achieve atonement through his death and burial, but these other sons, who were wicked, should not achieve atonement even in death. The Gemara suggests:
Come and hear a proof from the curse pronounced by Jeremiah upon the wicked: “They shall not be eulogized, nor shall they be buried” (Jeremiah 16:4), which indicates that it is not on account of atonement that burial is required, as were that the case the wicked are certainly in need of atonement, and therefore they should be buried. The Gemara answers: This is no proof, as Jeremiah’s intention might be that the wicked should not achieve atonement. Therefore, the question of whether burial is necessary in order to prevent disgrace or achieve atonement remains unresolved.
A dilemma was raised before the Sages: Is the eulogy delivered for the honor of the living relatives of the deceased, or is it delivered for the honor of the dead? The Gemara asks: What is the practical difference between the two possible reasons? The Gemara answers: There is a difference in a case where one said before he died: Do not eulogize that man, i.e., myself. If the eulogy is delivered to honor the deceased, he is able to forgo this honor, but if it is delivered to honor the living, he is not, as it is not in the power of one individual to forgo the honor of others. Alternately, the difference is with regard to whether it is possible to collect the eulogist’s fee from the heirs. If the eulogy is to honor the dead, it is possible to collect this fee from the heirs, even against their will, but if it is to honor the living, they are able to forgo this honor.
The Gemara suggests: Come and hear a proof from the verse that states: “And Abraham came to eulogize Sarah and weep over her” (Genesis 23:2), indicating that Sarah’s funeral was delayed until Abraham returned from Beersheba to Hebron to eulogize her. And if you say that a eulogy is delivered due to the honor of the living, would they have unduly delayed burying Sarah due to Abraham’s honor? The Gemara rejects this argument: It was satisfactory to Sarah herself that her funeral was delayed so that Abraham could be honored by eulogizing her. Since Sarah herself would prefer that Abraham eulogize her, there was no disgrace in waiting for Abraham to arrive.
The Gemara suggests: Come and hear a different resolution of this dilemma from the verse referring to Abijah, son of Jeroboam: “And all Israel shall eulogize him and bury him” (I Kings 14:13). And if you say that a eulogy is delivered due to the honor of the living, are these people, Jeroboam’s surviving family, worthy of this honor? The Gemara answers: It is satisfactory to the righteous when other people are honored through them. Since that is their wish, they are eulogized even if their wicked relatives are honored as a result.
The Gemara suggests: Come and hear a proof from the curse pronounced by Jeremiah upon the wicked: “They shall not be eulogized, nor shall they be buried” (Jeremiah 16:4). If you say that a eulogy is delivered due to the honor of the living, why should the wicked not be eulogized, as perhaps they are survived by righteous people who are worthy of this honor? The Gemara answers: It is not satisfactory to the righteous when they are honored through the wicked, and therefore they prefer that a eulogy not be delivered for their wicked relatives.
The Gemara suggests: Come and hear a resolution of this dilemma from what Jeremiah said to Zedekiah: “You shall die in peace; and with the burnings of your fathers, the former kings that were before you, so shall they make a burning for you; and they will eulogize you, saying: Ah, master” (Jeremiah 34:5). And if you say that a eulogy is delivered due to the honor of the living relatives of the deceased, what difference does it make to him if he is eulogized? The Gemara answers: It is possible that a eulogy is to honor the living, and this is what Jeremiah is saying to Zedekiah: Enjoy the thought that Israel shall be honored through you at your funeral just as they were honored through your ancestors at their funerals.
The Gemara suggests: Come and hear a proof from what was taught with regard to the verse: “In his eyes a vile person is despised, but he honors them that fear the Lord” (Psalms 15:4). This is referring to Hezekiah, king of Judea, who dragged the bones of his father, Ahaz, on a bier made of ropes, and he did not bury Ahaz in a manner befitting a king in order to disgrace him for his sinful conduct. And if the eulogy and other funeral rites are meant to honor the living, what is the reason that he acted this way, in a manner that brought disgrace upon himself and all of the Jewish people? The Gemara answers: Hezekiah did this so that his father would achieve atonement for his sins through his disgrace.
The Gemara asks: Can it be that for his father’s atonement they would defer the honor of all of Israel, who would have been honored by a proper eulogy for their late king? The Gemara answers: It was satisfactory to the people of Israel themselves to forgo their honor for him in order that their former king achieve atonement for his sins.
The Gemara suggests: Come and hear a proof from a baraita: Before he died, Rabbi Yehuda HaNasi said to his disciples: Do not eulogize me in the small towns that you pass as you take my body out for burial, but eulogize me only in the larger cities. And if you say that a eulogy is delivered in honor of the living, what difference does it make to him if he is eulogized also in the smaller towns? The Gemara answers: He thought that the people of Israel would be more greatly honored through him if they gathered together for the eulogies in the larger cities.
The Gemara suggests: Come and hear a proof from the mishna: If one left his deceased relative unburied overnight for the sake of his honor, e.g., in order to bring him a coffin or shrouds, he does not transgress the prohibition of “his body shall not remain all night.” What, is it not referring to the honor of the deceased? The Gemara answers: No, it is referring to the honor of the living relatives of the deceased.
The Gemara asks: But can it be that due to the honor of the living, they allow the deceased to remain unburied overnight? The Gemara answers: Yes, as when the Merciful One states: “His body shall not remain all night upon the tree, but you shall bury him that day” (Deuteronomy 21:23), it teaches that the prohibition applies only to cases similar to that of a person whose body is hung after his death, who suffers degradation when his corpse is left hanging overnight. But here, since the deceased does not suffer degradation when the funeral is delayed, as the delay is in order that the burial will be performed with greater dignity, there is no violation of the prohibition, and he may be left unburied overnight.
The Gemara suggests: Come and hear a proof from a baraita: If one left his deceased relative unburied overnight for the sake of his honor, for example, in order to assemble the people from the neighboring towns for the funeral, or to bring him professional lamenters, or to bring him a coffin or shrouds, he does not transgress the prohibition of “his body shall not remain all night,” as anyone who acts in such a manner does so only for the sake of honoring the dead. This indicates that the eulogy and other funeral rites are performed to honor the deceased. The Gemara rejects this argument: This is what the baraita is saying: Anyone who acts in such a manner for the sake of honoring the living does not transgress the prohibition, as there is no degradation of the dead.
The Gemara suggests: Come and hear a proof from a baraita: Rabbi Natan says: It is a good sign for the deceased when he is punished after his death and does not receive an honorable burial or eulogy, as his lack of honor brings him atonement for his sins. For example, if the deceased was not eulogized, or if he was not buried, or if a wild animal dragged his corpse, or if rain fell on his bier, this is a good sign for the deceased.
Learn from the baraita that a eulogy is delivered for the honor of the dead, so that when he is deprived of this honor, he achieves atonement for his sins.
The Gemara affirms: Learn from the baraita that this is so.
קבורה משום בזיונא או משום כפרה - ע"כ איכא כפרה כדאמרי' לקמן (דף מז:) (בפ' ד' מיתות) כפרה מאימת הוי מכי חזו צערא דקיברא פורתא אלא אפי' אי איכא בזיונא וכפרה מיבעי ליה הי עיקר וא"ת והא איכא כפרה טפי בשלא נקבר משנקבר כדתניא בשמעתין (לקמן מז.) סימן יפה לו למת שנפרעין ממנו לאחר מיתה מת לא נספד ולא נקבר וי"ל דלאו לא נקבר כלל קאמר אלא לא נקבר לפי כבודו והאי בזיונא דהכא לאו בזיונא דמת קאמר דאם כן אמאי לא כל כמיניה אלא בזיונא דמשפחתו אבל למת אית לו בזיון אם אינו שוכב על המטה בכבוד:
"Is burial because of [averting] disgrace or because of atonement"- One must admit that there is some measure of atonement, since it says (below, 47b) "When is atonement effective, from the moment when they saw the pain of the open grave..." Rather, even if there are both [averting] disgrace as well as atonement, one can ask which is essential.
And if you say there is more atonement when it is not buried than when it is buried, as it teaches in our tractate (47a), "It is a good sign for the deceased that he is punished after his death. If he died, he is not eulogized or buried."
One can respond that it doesn't mean he is not buried at all, rather, he is not buried according to his honor. And this disgrace here is not disgrace of the deceased but disgrace of the family. But for the dead, there is disgrace if he doesn't lie in honor on the bier.
Meiri ad loc
Anyone who requested not to be buried, we don't listen to him, because it is a mitzvah, and also it is a disgrace to the family should the corpse become odorous.
(א) מֵת שֶׁמֻּטָּל בְּמָקוֹם שֶׁיָּרֵא עָלָיו מִפְּנֵי הַדְּלֵקָה, אִם יֵשׁ כִּכָּר אוֹ תִּינוֹק מְטַלְטְלוֹ עַל יְדֵיהֶם; וְאִם אֵין לוֹ כִּכָּר אוֹ תִּינוֹק, אִם יֵשׁ לוֹ שְׁתֵּי מִטּוֹת מְטַלְטְלוֹ עַל יְדֵי שֶׁיַּהַפְכֶנּוּ מִמִּטָּה לְמִטָּה דַּהֲוָה טִלְטוּל מִן הַצַּד; וְאִם אֵין לוֹ לֹא זֶה וְלֹא זֶה, מְטַלְטְלוֹ טִלְטוּל גָּמוּר, וְכָל זֶה בְּאוֹתוֹ רְשׁוּת. מֵת הַמֻּטָּל בַּחַמָּה, מְטַלְטְלוֹ מֵחַמָּה לְצֵל בְּאוֹתוֹ רְשׁוּת עַל יְדֵי כִּכָּר אוֹ תִּינוֹק; וְאִם אֵין לוֹ כִּכָּר אוֹ תִּינוֹק לֹא יְטַלְטְלֶנּוּ כְּלָל, אֲפִלּוּ לְהָפְכוֹ מִמִּטָּה לְמִטָּה, דְּטִלְטוּל מִן הַצַּד שְׁמֵיהּ טִלְטוּל. וְעַיֵּן לְעֵיל בְּסי' זֶה ס''ו מַאי תַּקַּנְתֵּיהּ.
(ב) מֵת שֶׁהִסְרִיחַ בְּבַיִת, וְנִמְצָא מִתְבַּזֶּה בֵּין הַחַיִּים, וְהֵם מִתְבַּזִּים מִמֶּנּוּ. הַגָּה: וְיֵשׁ אוֹמְרִים דַּאֲפִלּוּ לֹא הִסְרִיחַ עֲדַיִן אֶלָּא שֶׁקָּרוֹב לְהַסְרִיחַ, (בֵּית יוֹסֵף בְּשֵׁם טוּר וְרַשִׁ''י וְרַ''ן), מֻתָּר לְהוֹצִיאוֹ לְכַרְמְלִית; וְאִם הָיָה לָהֶם מָקוֹם לָצֵאת בּוֹ, אֵין מוֹצִיאִין אוֹתוֹ, אֶלָּא מַנִּיחִים אוֹתוֹ בִּמְקוֹמוֹ וְיוֹצְאִים הֵם. וְיֵשׁ אוֹמְרִים שֶׁלֹּא הִתִּירוּ לְהוֹצִיאוֹ לְכַרְמְלִית, אֶלָּא עַל יְדֵי כִּכָּר אוֹ תִּינוֹק. וְיֵשׁ מִי שֶׁאוֹמֵר שֶׁכָּל שֶׁמּוֹצִיאוֹ לְכַרְמְלִית, מוּטָב לְהוֹצִיא שֶׁלֹּא בְּכִכָּר וְתִינוֹק, כְּדֵי לְמַעֵט בְּהוֹצָאָה. וְיֵשׁ מִי שֶׁמַּתִּיר לְהוֹצִיאוֹ אַף לִרְשׁוּת הָרַבִּים עַל יְדֵי תִּינוֹק, אֲבָל לֹא עַל יְדֵי כִּכָּר. וְהוּא הַדִּין אִם הוּא בְּבִזָּיוֹן אַחֵר, כְּגוֹן שֶׁהָיָה בַּסְפִינָה וְהָיוּ הָעַכּוּ''ם מִתְאַסְפִים שָׁם; וְכֵן כָּל כַּיּוֹצֵא בָּזֶה. הַגָּה: וְהוּא הַדִּין דְּמֻתָּרִים לוֹמַר לְעַכּוּ''ם לְטַלְטְלוֹ, כְּמוֹ עַל יְדֵי כִּכָּר וְתִינוֹק (מָרְדְּכַי וּבֵית יוֹסֵף בְּשֵׁם שִׁבּוֹלֵי לֶקֶט). וְאָסוּר לְטַלְטֵל מֵת עַל יְדֵי כִּכָּר וְתִינוֹק לְצֹרֶךְ כֹּהֲנִים אוֹ דָּבָר אַחֵר, אֲבָל עַל יְדֵי עַכּוּ''ם יֵשׁ מַתִּירִין (טוּר יוֹרֵה דֵּעָה סי' שע''ב ותשו' מַהֲרִי''ל סי' ס''ה). וְכֵן רָאִיתִי נוֹהֲגִים לְצֹרֶךְ מִצְוָה אוֹ חֲתֻנָּה.
(ג) יֵשׁ מִי שֶׁאוֹמֵר שֶׁאִם נָתַן עַל הַמֵּת אֶחָד מִכֵּלִים שֶׁהוּא לָבוּשׁ, חָשׁוּב כְּנוֹתֵן כִּכָּר אוֹ תִּינוֹק.
(ו) מֵת הַמֻּטָּל בַּחַמָּה וְאֵין לָהֶם מָקוֹם לְטַלְטְלוֹ אוֹ שֶׁלֹּא רָצוּ לְהָזִיזוֹ מִמְּקוֹמוֹ, בָּאִין ב' בְּנֵי אָדָם וְיוֹשְׁבִים מִב' צְדָדָיו, חַם לָהֶם מִלְּמַטָּה זֶה מֵבִיא מִטָּתוֹ וְיוֹשֵׁב עָלֶיהָ וְזֶה מֵבִיא מִטָּתוֹ וְיוֹשֵׁב עָלֶיהָ, חַם לָהֶם מִלְּמַעְלָה, זֶה מֵבִיא מַחְצֶלֶת וּפוֹרֵס עַל גַּבָּיו וְזֶה מֵבִיא מַחְצֶלֶת וּפוֹרֵס עַל גַּבָּיו, זֶה זוֹקֵף מִטָּתוֹ וְנִשְׁמָט וְהוֹלֵךְ לוֹ וְזֶה זוֹקֵף מִטָּתוֹ וְנִשְׁמָט וְהוֹלֵךְ לוֹ, נִמְצֵאת מְחִיצָה עֲשׂוּיָה מֵאֵלֶיהָ, שֶׁהֲרֵי מַחְצֶלֶת זֶה וּמַחְצֶלֶת זֶה גַּבֵּיהֶן סְמוּכוֹת זוֹ לְזוֹ וּשְׁנֵי קְצוֹתֵיהֶן עַל הַקַּרְקַע מִשְּׁנֵי צִדֵּי הַמֵּת.
(ז) מֻתָּר לָסוּךְ הַמֵּת וּלְהָדִיחוֹ וְלִשְׁמֹט הַכַּר מִתַּחְתָּיו כְּדֵי שֶׁלֹּא יַסְרִיחַ, וּבִלְבַד שֶׁלֹּא יָזוּז בּוֹ שׁוּם אֵבֶר; וְאִם הָיָה פִּיו נִפְתָּח וְהוֹלֵךְ, קוֹשֵׁר אֶת הַלֶחִי בְּעִנְיָן שֶׁלֹּא יוֹסִיף לְהִפָּתַח, אֲבָל לֹא כְּדֵי שֶׁיִּסָגֵר מַה שֶּׁנִּפְתַּח אוֹ קְצָתוֹ, שֶׁאִם כֵּן הָיָה מֵזִיז אֵבֶר; וּמִטַּעַם זֶה אֵין מַעֲצִימִין עֵינָיו שֶׁל מֵת בְּשַׁבָּת.
(1) A dead body that is in danger [of being burned] in a raging fire: If there is a baby or loaf of bread, you should move the body with it. If there is not a baby or loaf, then if two matresses are avaliable, flip the body from mattress to mattress since this is indirect motion (tiltul min hatzad). If neither are available, you may move the body explicitly. All of these apply only if in one domain. If the body is currently in a very sunny place, you may move it to a shady area by means of a baby or loaf as long as it remains in one domain. However, if there are no babies or loaves available, it may not be moved, even by the method of flipping mattresses, since indirect motion [in the standard case] is called motion. ((Rama) -See later on, in this siman, seif 6 what the decree is)
2. A corpse rotting in a house, and is disgraced among the living, and they are disgraced by it, [Rama: some say even if it didn't rot yet but is close to rotting] it is allowed to take it to a carmelit [on shabbat]. If they had a place to go through it, they don't move it, but place it in its place and they leave. Some say it was not permitted to take it to a carmelit, except with a loaf or baby. There is one authority who says that anytime we take it to a carmelit, it is preferable to take it without a loaf or baby, in order to limit the carrying. Some even allow to take it out to a reshut harabim with a baby, but not with a loaf. This is the law too with a different disgrace, e.g. he was on a ship and non-jews were gathering there, and anything like this. [rema: it is allowed to ask a non-jew to carry him, such as with a loaf or a baby]. It is forbidden to carry a corpse with a loaf or baby for the needs of a Cohen or anything else. But some permit it by asking a non-Jew, and so I have seen for the needs of a mitzvah or a wedding.
3. One authority says if he placed on the corpse one of the garments he was wearing, this is like a loaf or baby.
6. A corpse was lying in the sun and they had no place to move it to, or they didnt want to move it from its place, two people come and sit on each side. If the ground is hot, eat brings a couch and sits on it. If it is hot above, each brings an umbrella and spreads it over him. Each one tips his couch and leaves it, and a partition has been made...
7. It is permitted to annoint the corpse and wash it and to remove the mattress so it doesn't smell, as long as he doesn't move a limb. If his face was continuing to open more, tie the lips so it doesn't remain open. but not to close what was already opened even partially, for if he does that he is moving a limb. For this reason, they said we do not close the eyes of the dead on shabbat.
(א) מת ותכריכיו אסורים בהנאה: ב"ה בכמה דוכתי (ע"ז כ"ט: סנהדרין מ"ו: ערכין ז':) אמרו דמת אסור בהנאה דגמר שם שם מעגלה ערופה: ב"ה וכתב הרשב"א בתשובה סימן שס"ה דל"ש בין מת נכרי למת ישראל: ודוקא שהזמין לצרכו ונתנם עליו אבל בהזמנה לבד ואפילו עשאם לצרכו לאחר שמת לא נאסרו וכו' בפרק נגמר הדין (שם) איתמר האורג בגד למת אביי אמר אסור דהזמנה מילתא היא ורבא אמר מותר דהזמנה לאו מילתא היא ואמרינן בגמרא דאפי' באורג לאחר מיתה שרי רבא ואיפסיקא הלכתא כרבא:
It is forbidden to benefit from the deceased and his garments are forbidden....
They said a deceased is forbidden in hanaah because they derive "name...name" from the egel arufah.
Specifically, when he prepared them for the corpse and put them on it. But if he merely prepared them for it after the death, they are not forbidden.
(א) שׂוֹרְפִין עַל הַמְּלָכִים אוֹ עַל הַנְּשִׂיאִים (טוּר בְּשֵׁם תּוֹסֶפְתָּא), מִטָּתָן וּכְלֵי תַּשְׁמִישָׁן, אֲבָל עַל הַהֶדְיוֹטוֹת אָסוּר.
(ב) הָאוֹמֵר: אַל תִּקְבְּרוּהוּ מִנְּכָסָיו, אֵין שׁוֹמְעִין לוֹ, אֶלָּא מוֹצִיאִין מִיּוֹרְשָׁיו כָּל צָרְכֵי קְבוּרָתוֹ בְּעַל כָּרְחוֹ, וְכֵן כָּל מַה שֶּׁרְגִילִין לַעֲשׂוֹת לִבְנֵי מִשְׁפַּחְתּוֹ, וַאֲפִלּוּ הָאֶבֶן שֶׁנּוֹתְנִין עַל הַקֶּבֶר; וְהוּא שֶׁיָּרְשׁוּ מָמוֹן מֵאֲבִיהֶם.
(ג) אֲפִלּוּ מִי שֶׁאֵין לוֹ מָמוֹן שֶׁצִּוָּה וְאָמַר: אַל תִּקְבְּרוּהוּ, אֵין שׁוֹמְעִין לוֹ.
1. We burn beds & bedding when a king or community leader dies, but for a layman this is forbidden.
2. One who says: don't pay for burial out of his estate, we do not listen, but we take all necessary funds for the burial from the inheritors even against their will. Also, everything that is normally done for a family member, and even the gravestone; this is when they inherited money from their father.
3. Even one who has no money, who commanded and said "don't bury him," we don't listen to him.
באותו רשות. זה כתב הרב"י מדכתב הרמב"ם ונפלה דליקה בחצר שיש בו מת משמע דלהוציאו אסור דליכא הכא בזיון המת כשנשרף ומשום טעם דאי לא שרית ליה אתי לכבוי לא שרינן הוצאה וכ"ש למ"ד שמלאכ' שא"צ לגופה פטור עססי' של"ד ואף על פי שבמרדכי משמע בדליקה התירו טפי הרב"י לא ס"ל הכי אלא כמ"ש ס"ב והוא מתבזה בין החיים וכו' ואם יש להם מקום לצאת וכו' דדוקא מפני כבוד החיים שרי כ"כ בהדיא בב"י ולהכי כ' ג"כ מת המוטל בחמה כו' באותו רשות כנ"ל דלא כע"ש וברמב"ם משמע שדין דליקה וחמה שוין וכ"מ בגמרא:
"In the same area"-The Beit Yosef wrote this from what the Rambam wrote "a fire broke out in the courtyard which has a corpse," the implication is that taking it out is forbidden, for there is no defilement of the corpse when it is burned. And because of the reasoning that "if we did not permit it, he might extinguish the fire" we do not permit him to carry it out.
(א) הַנּוֹתֵן מֵתוֹ בְּאָרוֹן וְלֹא קְבָרוֹ בַּקַּרְקַע, עוֹבֵר מִשּׁוּם מֵלִין אֶת הַמֵּת. וְאִם נְתָנוֹ בְּאָרוֹן וּקְבָרוֹ בַּקַּרְקַע, אֵינוֹ עוֹבֵר עָלָיו, וּמִכָּל מָקוֹם יָפֶה לְקָבְרוֹ בַּקַּרְקַע מַמָּשׁ, אֲפִלּוּ בְּחוּץ לָאָרֶץ.
One who places his deceased in a coffin but does not bury him in earth transgresses [the prohibition of] "leaving the deceased overnight." If he placed him in a coffin and buried him in earth, he does not transgress it. In any event, it is good to truly bury him in soil, even outside Israel.
(א) לקברו בו ביום וכן כל המתים - לקבר מי שנתלה ביום ההוא, שנאמר (דברים כא כג) כי קבור תקברנו ביום ההוא וגו'. ולשון ספרי (כאן) כי קבור תקברנו ביום ההוא מצות עשה.
(ב) משרשי המצוה. מה שהזכירו זכרונם לברכה במשנה בפרק נגמר הדין (סנהדרין מו, ב) שאמרו שם כי קללת אלהים תלוי, כלומר, שלא יאמרו הבריות מפני מה זה תלוי? מפני שקלל את השם, ונמצא בהזכירם זה ובהעלותם הדבר בפיהם שהם מחללים שם שמים וגומלים רע לנפשם, והאל שחפץ בטובת בריותיו מנעם מזה מפני כך.
(ג) מדיני המצוה. מה שאמרו זכרונם לברכה (סנהדוים שם, א) שאין מצוה זו בנתלה לבד, אלא אף כל הרוגי בית דין מצוה לקברם ביום הריגתם, גם בכלל המצוה לקבר כל מת מישראל ביום מותו, ומפני כן יקראו זכרונם לברכה המת, שאין לו מי שיתעסק בקבורתו מת מצוה, כלומר שמצוה על הכל, לקברו מצד הצווי הזה. ואמרו זכרונם לברכה במשנה הנזכרת (שם) ששני קברות היו נתקנין לבית דין, אחד לנסקלין ולנשרפין, שדינם חמור, ואחד לנהרגים ולנחנקים, שדינם קל, ואחר שנתעכל בשר הנדון לשם מלקטין את העצמות וקוברין אותן בקברות אבותיהן. ויתר פרטיה בפרק הנזכר [יו''ד סי' שפ''ב].
(ד) ונוהגת מצוה זו לענין הרוגי בית דין בזמן שנוהג דיני נפשות, ולענין שאר מתי ישראל בכל מקום ובכל זמן בזכרים ונקבות, שמצוה לקברם ביום מיתה. והעובר על זה והלין את המת שלא לכבודו בטל עשה זה, מלבד שעבר על לאו, כמו שנכתב בסדר זה בעזרת השם (מצוה תקלו).
(1) To bury him on the same day, and so [too] all the dead: To bury the one that was hung on that [same] day, as it is stated (Deuteronomy 21:23), "rather you shall surely bury him on that day, etc." And the language of Sifrei here is "'Rather you shall surely bury him on that day' is a positive commandment."
(2) About the roots of the commandment is what they, may their memory be blessed, mentioned in the mishna in the chapter [entitled] Nigmar Hadin (Sanhedrin 46b). As there they said that one who is hung is a curse to God, meaning to say that the creatures should not say, "Why was he hung? Because he cursed the Name [of God]." And it will come out in their mentioning of this and their bringing the thing up in their mouths, that they will be profaning the Name of the Heavens and causing evil to themselves. And the God who desires the good of His creatures prevented them from this because of that.
(3) From the laws of this commandment are that which they, of blessed memory, said (Sanhedrin 46a) that this commandment is not only with one who is hung, but rather even with all those killed by the court, it is a commandment to bury them on the day of their killing. Also included in this commandment is to bury all Jewish dead on the day of their death. And because of this, they, may their memory be blessed, called a dead body that has no one to be involved in his burial, 'a dead body of the commandment (met mitsvah),' which is to say that it is a commandment upon all to bury him due to this command. And they, may their memory be blessed, said in the mishnah mentioned (Sanhedrin 46a) that two grave-sites were set up for the courts, one for those hung and burnt - whose punishment is more severe - and one for those who are killed (decapitated) and asphyxiated - whose punishment is more lenient. And after the flesh has decomposed, we collect the bones of the one convicted to be there and bury them in their fathers' grave-sites. And more details are in the mentioned chapter (See Tur, Yoreh Deah 382).
(4) This commandment is practiced, concerning those killed by the court during the time when capital punishment is practiced; and concerning other Jewish dead in every place and at all times, by males and by females, as it is a commandment to bury them on the day of death. And one who transgresses this, and leaves a dead body overnight not for his (the dead person's) honor, negates this positive commandment, besides transgressing a negative commandment, as we will write in this Order (Sefer HaChinukh 536) with God's help.
Reasons for Ground Burial — An Alphabetical Acrostic
By: David Zinner
Exploring Jewish Reasons for Ground Burial - An Alphabetic Acrostic
By David Zinner
This article represents that position of the author and does not necessarily represent the position of the Jewish Funeral Practices Committee of Greater Washington or Kavod v'Nichum.
Many Jews are asking if cremation is an acceptable alternate to in-ground burial. Isn't cremation simple and inexpensive? Isn't cremation quick and the least burden on my children? Jewish educators and funeral homes serving Jews report rapid increases in Jews asking about, and asking for, cremation.
While there are no firm statistics on Jewish cremation, there are cremation statistics for the overall population of Canada and the United States. Cremation after death rose in the U.S. from 21% in 1996 to 26% in 2000. Projections 25 years out are that 50% of all deaths will end in cremation. Canadian rates of cremation are much higher, already at 40% in 1996 and increasing steadily. We can only assume that Jewish cremation rates are following the statistical trend of the U.S. and Canada.
The probable increasing rate of Jewish cremation in the U.S. and Canada raises serious concerns about the tradition of Jewish burial and the survival of Jewish communal cemeteries. Cremation also has profound implications for Judaism and the Jewish community's treatment of the dead and the bereaved.
Traditional sources offer little in-depth thinking about cremation. For example, Rabbi Abner Weiss addresses cremation in a total of 15 lines of a 400 page Halachic guide to Death and Bereavement. He says that cremation is a "tragic commentary on the erosions of Jewish norms and values". While Rabbi Maurice Lamm devotes a full page to cremation, his discussion starts and ends with the statement that "Cremation is never permitted."
This article provides ten talking points that explore the burial vs cremation question from different angles. The discussion is arranged as an alphabetic acrostic, a traditional form of Jewish writing. One of the more famous Hebrew alphabetic acrostics is the Ashamnu (we have acted wrongly), from the Viddui (confession) of the Yom Kippur (Days of Awe) liturgy.
There are additional articles on this subject on the Jewish Funerals, Burial and Mourning web site.
1. Atmospheric - We no longer burn leaves because of overuse of fossil fuels and problems with air pollution. When we cremate bodies we put visible emissions, particulate matter, carbon monoxide, nitrogen oxide, sulfur dioxide, hydrogen chloride, metals (mostly mercury from dental fillings), dioxins and furans into the air. Burial returns what God has given us to the earth, not the sky.
2. Biological - Decomposition is a natural process that builds the soil. The bacteria that aid in digestion while we are living are instrumental in our decomposition after we die.
3. Communal - Cremation in the U.S. and Canada is usually done privately in a crematorium, with no witnesses or ceremony. On the other hand, burial is usually done with community participation. The ritual of accompanying the deceased to burial, saying prayers, and the actual burial process often provide needed support for the bereaved family. A Jewish Cemetery makes a statement about a community, the active Jewish life that was there and the close bonds people had with each other.
4. Disrespectful - After a typical Western cremation the remaining bone fragments are crushed and put into a container for the family to keep. But homes are not designed for long term storage and the remains may be discarded or forgotten. Cremation is at odds with the respectful way tahara (ritual washing) and kevurah (burial) are done. Our sages have compared a dead body to a torah scroll that could no longer be used - still deserving of maximum respect.
5. Environmental - Cremation uses less land than burial, but burial can help preserve the land it does use. For those of us who live in the city, or in the suburbs, or even in the country, preservation of open, green space may be a challenge. Developers are skilled at squeezing maximum usage from every inch of space. Cemeteries preserve open space and are difficult for developers to acquire. One future challenge is to make cemeteries more "green" or environmentally conscious.
6. Financial - Cremations often do cost less than burials. But, we can keep the cost of funerals and burials low by owning and managing our own cemeteries and by participating in community contracts, which can save thousands of dollars. We can also take a more active role in cemetery policies and advocate for plots with no liners and even advocate for elimination of caskets. In many places in the U.S. and Canada, Muslim communities have negotiated agreements with cemeteries that allow them to bury without caskets or liners. Most local jurisdictions allow these practices.
7. Genealogical - Cemetery markers are important for future generation visits and genealogical research. Think about the most permanent way to convey information. You could put information on a computer, a floppy disk, a video tape, an audio tape, a vinyl record or a piece of paper. What are the chances that 100 years from now that the information could be deciphered or that the media would still be readable? Take it to the most basic. A polished rock with an inscription - designed to last hundreds of years. Locate it in a protected area, a cemetery which we surround with a fence, prohibit the cemetery's development, and create rituals to maintain and to preserve it.
8. Historical - The first Jewish communal cemetery dates back to 1000 CE. In a 1000 year unbroken chain Jews have been buried in a Jewish Cemetery to let future generations know that a Jewish community existed. In the Prague Cemetery we see layers upon layer of Jewish burials. Historically a cemetery has been the first Jewish institution formed in a new community, before schools and synagogue. A tragic part of our history is the Nazi murder of millions of Jews. Many of us shudder when we hear the word "crematorium". How can we forget the horrible way so many of our relatives died? When we are buried in a Jewish cemetery, we preserve a part of the history of our community.
9. Intensity - The tradition of burial helps families work through their grief. K'vurah - filling in the grave is a startling, unusual action, that forces us to confront the reality of death. According to Maurice Lamm, "the heart-rending thud of earth on the casket is enormously beneficial. In proclaiming finality, it helps the mourner overcome the illusion that the relative still lives; it answers her disbelief that death has indeed claimed its victim; it quiets his lingering doubts that this may be only a bad dream."
10. Judaic - Jewish law and tradition is to be buried in the ground. Early in Genesis, Abraham buries Sarah. The other patriarchs and matriarchs are also buried. The words in Deut. 21:23 are "You shall surely bury him". In the Jewish tradition, the Chevra Kadisha (holy burial society) carefully and lovingly washes the body and dresses the body in tachrichim, simple white burial garments with no pockets. The Chevra Kadisha treats the body with the utmost respect. They ask for forgiveness if they have violated the person's privacy. This beautiful and profound ritual is usually not available for those who will be cremated.
https://www.dc.jewish-funerals.org/exploring-jewish-reasons-ground-burial-alphabetic-acrostic
The Jewish Mourner’s Book of Why, by Alfred Kolatch, 1996
- Cremation is contrary to Jewish law. However, no law forbids the burial of ashes in a Jewish cemetery, though many Orthodox rabbis prohibit it.
- Rabbi Yekutiel Greenwald, in his book on mourning (Ach Le-tzara, p. 34, 1939), mentions the case of a Jew who lived among non-Jews and who feared that when he died, he would be buried in their cemetery. The Jew therefore left word that upon his death his body was to be burned. When the man’s wish became known, the Rabbis ruled that the wish was not to be honored because it is far better for a Jew to be buried among non-Jews than to be cremated. [Kolatch goes on to note that there is no problem with military funerals in national cemeteries.]
- Although there are instances in the Bible where cremation is seemingly considered to be an acceptable practice (1 Sam. 31:12, Amos 6:10), early rabbinic authorities considered it to be a violation of Biblical law. Their ruling is based on the statement in the Book of Genesis (3:19), “For dust are you, and to dust will you return”. This, say the Rabbis, means that the body itself must be returned to the earth from which it was formed. Additionally, some modern authorities consider cremation to be a pagan practice that harks back to the funeral pyre. Imitation of non-Jewish practices is forbidden in Jewish tradition.
- Most Orthodox authorities consider the burial of the ashes of cremation in a Jewish cemetery to be a violation of Jewish law. Rabbi Ben Zion Uziel (1880-1953), known as the Rishon Le-Tziyon, explains that the burial of ashes of cremation in a Jewish cemetery is prohibited because a Jewish cemetery is a sacred place, and to bury ashes there would be an act of desecration. While many authorities agree with this position, some rabbinic bodies, such as London’s Burial Society of the United Synagogue (Orthodox) and the Law Committee of the Rabbinical Assembly (Conservative), do permit the ashes of cremation to be buried in a Jewish cemetery. In this way, these organizations maintain, at least part of the deceased is being returned to the earth as demanded in Gen. 3:19. All Jewish authorities agree, however, that if a body has been accidentally incinerated, such ashes may be buried in a Jewish cemetery. The Rabbis compared the burning of a body to the burning of a Torah scroll. Just as the scroll that is burned must be buried in the ground, so must a corpse that has been burned in a fire be buried. When cremation is deliberate, traditional law forbids the burial of ashes of a corpse in a Jewish cemetery (Yoreh Deah 282:10).
- In traditional shiva practices, shiva is not observed for persons who have been cremated. Aside from the fact that cremation is a violation of the Biblical law requiring that the deceased be returned to the ground form which man was originally formed (Gen. 3:19), Judaism considers cremation to be a pagan custom and as such it is prohibited. The Rabbis insisted that the deceased be buried in the earth, and not disposed of in any other way (Sanhedrin 46b). Jewish law considers anyone who leaves instructions to have his body cremated as unworthy of having the rite of Shiva observed in his honor. However, many families today do observe Shiva in such an instance.
A Guide to Jewish Religious Practice, Rabbi Isaac Klein, 1992, p. 275
The Jewish way of burial has been to place the body in the earth. Hence, cremation is frowned upon. The questions that arise in the case of cremation are:
1. Should the ashes be buried in the congregational cemetery?
2. Should a rabbi officiate at such a funeral?
A great number of authorities forbid the burial of ashes in a Jewish cemetery because this would encourage the practice of cremation (see Duda’ei Hasadeh, sec. 16; Machazeh Avraham, vol. 2, Y.D. 38; and Lerner, Chayei Olam). Others permit it and even permit a service at the burial (Rules of the Burial Society of the United Synagogue of London, quoted in Rabinowicz, A Guide to Life p. 29; see also Rabbi Eliyahu ben Amozegh, Ya’aneh Va’eish).
The Law Committee of the Rabbinical Assembly has ruled that cremation is not permitted. When it is done by the family in disregard of Jewish practice, a rabbi may officiate only at the service in the funeral parlor; the ashes may be buried in a Jewish cemetery and appropriate prayers may be said, but not by a rabbi, lest his participation be interpreted as approval (Rabbinical Assembly Proceedings, 1939, p. 156; Law Committee Archives).
Supplement on Mourning and Funerals, p. 531
Cremation is against the Jewish tradition, and the family of the deceased should be so advised by the rabbi. Should the family ignore the rabbi’s advice against cremation, the rabbi may (but need not) choose to officiate in the funeral parlor before the actual cremation. The ashes may be buried in the Jewish cemetery, but the internment should be private, without the presence of the rabbi. In the event that the rabbi’s ruling and advice have not been ignored, but, rather, that the rabbi is faced with a fait accompli, the rabbi may choose to conduct services at the cemetery.
The Observant Life, ed. Martin Cohen, 2012
Judaism regards the human body as a sacred trust from G-d that non has the right to desecrate or destroy, and this has been the view of Judaism since ancient times. Therefore, cremation, considered the ultimate expression of disrespect to the dead, is absolutely forbidden in all instances. In light of the Shoah, in the course of which millions of Jews were murdered and their bodies burnt to ash, the practice has taken on a new air of repulsiveness. Normally, cremated remains (occasionally called cremains) are not buried in a Jewish cemetery. There are, however, certain exceptions to this rule. For instance, in the cases of families who brought the cremated remains of beloved family members with them when they left the former Soviet Union, most rabbis, noting the complete repression of Jewish tradition under the Communists and the lack of alternative to cremation, have agreed that those remains be buried in dignified Jewish graves. More delicate is the situation that ensues when Jewish individuals leave specific instructions to their heirs that they wish to be cremated, often noting explicitly that they are aware of the fact that this is forbidden and they wish their bodies to be cremated nevertheless. The family of such individuals should be informed that they are not duty-bound to obey the wishes of their parents in this matter since cremation is explicitly forbidden under Jewish law and that Jewish tradition is completely clear that parents do not have the authority to instruct their children to violate halacha. In this way, every effort should be made to discourage cremation. If the heirs feel, however, that they cannot go against the specific instructions of an otherwise lucid, now deceased, parent, such cremated remains may be buried in a Jewish cemetery. This validates the ancient principle that the wishes of the dead are to be considered a sacred trust by the living (cf. the tradition ascribed to Rabbi Meir preserved in the Talmud at BT Ta’anit 21a and other places), but in such a way that precludes any possibility of the Jewish community appearing to condone a decision that tradition considers abhorrent and which the Shoah renders incomprehensible. A responsum by Rabbi Morris Shapiro permitting wide rabbinic discretion in dealing with issues relating to cremation and the disposition of cremated remains was adopted by the CJLS in 1986 and is published in CJLS Responsa 1980-1990, pp. 608-616 [and also here: https://www.rabbinicalassembly.org/sites/default/files/assets/public/halakhah/teshuvot/19861990/shapiro_cremation.pdf - DS].