Burial

The Torah commands us to bury a person upon their passing, as it says: "ki kavor tikbirenu", you shall surely bury him.[1] Disposing of a body in any other manner is not only forbidden but it is considered to be dishonorable and disgraceful, a concept referred to in rabbinic literature as "nivul haguf". The Torah teaches us that just as man originated from the ground so too man must return to the ground, as well.[2] Even a kohen is required to defile himself in order to tend to the burial of an otherwise unattended corpse. It is interesting to note that there a number of animal species, including elephants, that bury their dead as well, perhaps alluding to a naturally occurring instinct to do so. One who does not bury one's dead is in violation of a Torah prohibition.[3]

Although not very well known, there is actually a requirement for there to be a space of eighteen inches (six "tefachim") between graves.[4] Some authorities rule that it is permissible to bury people closer than this on condition that there is at least some kind of separation between graves. Nevertheless, one will notice that in our day and age people are routinely buried in close proximity to one another.  Many authorities justify this development, arguing that the requirement to leave eighteen inches between graves no longer applies today. This is because the original enactment was only instituted for areas where cemetery space was abundant. In most Jewish communities today, however, cemetery space is extremely limited.[5]

It is also suggested that the requirement to leave eighteen inches between graves only applied in ancient times when people were first buried in catacombs. This was done in order for the body to quickly decompose, after which time the bones would be gathered for proper burial in the ground. In this situation, ensuring ample space between bodies was crucial in order to ensure that the bones of different people would not be accidentally mixed up with each other. In our day, however, when the deceased are buried immediately upon death in a permanent resting place, these concerns no longer apply.[6] Indeed, normative halacha follows this view.[7] There is also an opinion that only six inches between graves is truly necessary and it seems that Jewish cemeteries worldwide comply with this view.[8]

The dead are to be buried face up so as to resemble one who is sleeping.[9] Although it is permissible to bury the dead in a coffin, it is preferable for them to be buried directly in the ground without any interposition.[10] If a coffin must be used, as is required by law in most countries, then it must be made out of wood which allows the body to decompose faster.[11] It was decreed many centuries ago that all Jews are to be buried in simple wood coffins regardless of their wealth, class, or standing in the community. This was in order to ensure that the poor would not be embarrassed by being the only ones unable to afford elaborate coffins. In some communities the burial society removes the bottom panel of the coffin at burial in order to allow at least part of the body to be directly touching the ground.[12] Similarly, some have the custom to sprinkle earth throughout the coffin, preferably with earth from Eretz Yisrael.

From even the earliest traces of humanity, burial was always the preferred method for disposing of a dead body[13] and it remains the most popular method among non-Jews today, as well. The Midrash teaches that when Cain killed Abel, he didn’t know what to do with the body. God then showed Cain two birds, one of which went and killed the other. The surviving bird then dug a hole and buried the dead bird. It is from this episode that Cain, and by extension all mankind, learned that a dead person is to be buried. In reward for their educational demonstration, birds were rewarded with the honor of having their blood covered following shechita, a mitzva known as kisui hadam.[14]

Throughout Scripture we find that our forefathers would not only bury their dead,[15] but would even go to heroic lengths in order to do so.[16] Jews must only be buried in cemeteries reserved exclusively for Jews[17] and it is considered ideal to be buried among family members.[18] We are instructed to carry out the wishes of the deceased faithfully, especially those relating to burial preferences.[19] One is not permitted to obey the wishes of the deceased if they contradict Torah law.[20] We are taught that burying the dead is an act of kindness which emulates God Himself.[21] Our sages teach us that a proper burial is intended to honor and bring pleasure to the dead, it is not intended to be a favor or tribute to the surviving family members.[22] Burial also brings atonement to the deceased.[23] Two individuals who were enemies throughout their lives should not be buried too close together.[24]

The requirement to bury the dead is derived from a number of other Torah references, as well.[25] The Mishna issues a number of halachic dispensations and exemptions which apply to one who is preoccupied with burying the dead.[26] Burials should take place as soon as possible following death, preferably the same day.[27] It is best that only Jews tend to the burial of Jews, though one may allow non-Jews to assist when necessary.[28] Following the example of the prophet Yechezkel, Jews are obligated to ensure that non-Jews receive a dignified burial, as well.[29] Some have the custom to bury the dead with their feet towards the gate of the cemetery and/or facing Eretz Yisrael which symbolizes the belief in the future resurrection of the dead.[30]

[1] Devarim 21:23; Sanhedrin 46b; Rambam, Hilchot Avel 12:1.

[2] Bereishit 3:19; Kohelet 12:7.

[3] YD 362:1.

[4] OC 362:3.

[5] Shevut Yaakov 2:95.

[6] Aruch Hashulchan, YD 362:7.

[7] Pitchei Teshuva, YD 362:3; Aruch Hashulchan, YD 362:7.

[8] Mahariya Halevi 1:39.

[9] YD 362:2.

[10] Shach, YD 362:1.

[11] Bereishit Rabba 19:8; Rashi, Nazir 51a s.v. "Eizehu".

[12] Yerushalmi, Kilayim 9; Tur, YD 362.

[13] Bereishit 4:8.

[14] Tanchuma, Bereishit.

[15] Bereishit 15:15,25:9,35:8,48:7,49:29, 50:5.

[16] Bereishit 23.

[17] Tuv Taam V’dat 3:2:253; Melamed L'hoil 2:127; Daat Kohen 201; Tzitz Eliezer 16:36; Yabia Omer, YD 7:36; Sefer Chassidim 705.

[18] Bereishit 47:29.

[19] Shemot 13:19.

[20] Sanhedrin 46b; YD 348:3.

[21] Sota 14a; Devarim 34:6.

[22] Sanhedrin 47a.

[23] Sanhedrin 46b; Tosfot, Sanhedrin 47b.

[24] YD 362:6.

[25] Bava Metzia 30b.

[26] Berachot 17b. Regarding walking over a grave, see Taz, YD 364:1 and Korban Netanel, Taanit 2:3.

[27] Devarim 21:23; Moed Katan 22a.

[28] Beitza 6a.

[29] Gittin 61a; Chavot Yair 139; Minchat Chinuch 537.

[30] Pitchei Teshuva, YD 362:2.