Reinterment
As a general rule, it is forbidden to exhume the remains of a deceased for reinterment in another place.[1] This is true even if one's intention for doing so is in order to better honor to the deceased by the change of location. We are taught that the dead should never be disturbed. It is said that moving the remains of a deceased causes them fear[2] and confusion. It also reminds them of the judgment they faced on the day they died.[3] In fact, it is forbidden to even open a coffin once it has been sealed and placed in the ground.[4] If, however, the original burial took place with the understanding that the current location would only be temporary, then it is permitted to exhume the remains and reinter them at a later date.[5]
There are, however, a number of exceptions to this rule. For example, it is permitted to exhume a body when doing so is in order for the deceased to be reinterred among family members.[6] Such a move is said to bring honor and pleasure to the deceased.[7] Similarly, one may exhume a body in order to reinter it in a grave that the deceased had purchased in his lifetime with the intention of being buried there.[8] One who was buried in a non-Jewish cemetery may be exhumed and reinterred in a Jewish cemetery.[9] Finally, in the event that a cemetery will be used disgracefully[10] or there is a concern that non-Jews will irreverently tamper with the bodies,[11] it is permissible to relocate the dead to an alternative burial site as was done as part of the Israeli evacuation of Gush Katif.
A well-known example where reinterment is permissible is when doing so in order to bring a person to a permanent resting place in Eretz Yisrael.[12] The reason that burial in Eretz Yisrael overrides the prohibition against exhumation is because the earth of Eretz Yisrael has the power to atone for the sins of the deceased.[13] In fact, some authorities suggest that it is permitted to exhume a body to bury it in Eretz Yisrael even if doing so is contrary to the explicit wishes of the deceased,[14] though such a move must be initiated by the children of the deceased.[15] Whenever a decision is made to exhume a body, one must ensure that it does not appear that the disinterment is being done because others buried in the area are unworthy to lie with the one who is being removed.[16]
It is interesting to note that there once existed a custom, seemingly contrary to Biblical directive,[17] to lay the deceased in a cave or grotto in order for the body to decompose.[18] After decomposition, the bones would then be gathered and placed in a coffin for final burial. In fact, the remnants of this ancient practice can be clearly seen today in places such as Beit She'arim and Beit Guvrin. There does not seem to have been any halachic problems with this practice,[19] likely because it fell under the clause mentioned above, which permits bones to be moved at a later date if that was the intention when they were first buried.[20]
[1] Rambam Avel 14:15, Y.D. 363:1
[2] Beit Yosef Y.D. 363
[3] Shach Y.D. 363:1
[4] Y.D. 363:7
[5] Y.D. 363:1
[6] Rambam Avel 14:15;Kesef Mishna, Y.D. 363:1
[7] Shach Y.D. 363:2, Bereishit 49:29
[8] Gesher Hachaim 1:26
[9] Pitchei Teshuva Y.D. 363:1
[10] Pitchei Teshuva Y.D. 363:1
[11] Y.D. 363:1
[12] Y.D. 363:1, Seridei Aish Y.D. 106
[13] Shach Y.D. 363:1
[14] Pitchei Teshuva 363:2
[15] Igrot Moshe Y.D. 3:153
[16] Shach Y.D. 363:4
[17] Bereishit 3:19
[18] Mo'ed Katan 8a
[19] Y.D. 363:4
[20] Y.D. 363:1. See also Aruch Hashulchan Y.D. 362:7