Delaying a Funeral

It is well known that according to halacha, burial must take place as soon as possible following death, preferably the same day. This law is derived from the verse in the Torah that discusses a person who has been sentenced to death, "… his body shall not remain upon the tree all night, but rather, you must bury him the same day."[1] We learn from here that a dead body should not be left unburied overnight.[2] The “same day” is defined as before sunset on the day a person dies.[3] Although everyone agrees that it is forbidden to delay a funeral, there is much discussion as to whether it is a Torah prohibition[4] or a rabbinic one.[5]

It is considered to be especially disgraceful to leave a dead body unburied overnight in Israel,[6] and even more so in Jerusalem, due to the holiness of these places.[7] Delaying the burial of the dead in Israel is considered to be a violation of the prohibition of "you shall not defile the land."[8] It is also taught that burial brings atonement to the deceased for their sins which is yet another reason that burial should take place as promptly as possible.[9] A number of authorities rule that if a funeral must be delayed in Jerusalem, the body must be removed from the city before nightfall and only returned immediately before the funeral is to take place.[10] According to other authorities, however, the prohibition against leaving a body overnight in Jerusalem no longer applies in our day.[11] There is also a view that “Jerusalem” for these purposes refers only to the Old City and not to the newer areas of Jerusalem.[12] Nevertheless, all authorities agree that burial should always take place as quickly as possible, especially in the Jerusalem area.

It is permitted, however, to delay a funeral when the purpose for doing so is in order to show honor to the deceased.[13] For example, it is permitted to delay a funeral in order to allow for family members and even non-relatives to attend.[14] It is also permissible to delay a funeral in the event that the shrouds, coffin, or other needed accessories are not immediately available.[15] Contemporary halachic authorities also permit delaying a funeral when the government requires that it be postponed due to legal proceedings or in order to allow for a great sage to attend and officiate. So too, a funeral may be postponed to Sunday rather than to hold it late Friday afternoon, if holding it then would prevent people from attending or otherwise interfere with Shabbat preparations. Even when it is permitted to delay a funeral, efforts should be made to ensure that the delay is no more than twenty-four hours.[16]

Although some sources teach that it is auspicious to be buried on a Friday, it is not permissible to delay a funeral for this purpose.[17] One must even be prepared to pay or otherwise incur a financial loss in order to ensure that burial takes place as soon as possible.[18] In ancient times, funerals used to be held on Yom Tov. On the first day of Yom Tov, the burial would be performed by non-Jews. On the second day of Yom Tov, even Jews were permitted to perform the burial. Nevertheless, for a variety of reasons, this is no longer practiced today, and funerals are never held on any day of Yom Tov. The prohibition against delaying burial does not apply to non-Jews. Therefore, a Jew entrusted with the burial of a non-Jew is permitted to delay the burial should the family so request.[19]

[1]Devarim 21:23.

[2] YD 357:1.

[3]Sefer Hachinuch 537; Mishna Berura 72:6.

[4] Aruch Hashulchan, YD 357:1.

[5] Torah Temima, Devarim 21:163,164.

[6] Ramban, Devarim 21:23.

[7] Bava Kama 82b, Rashi; Gesher Hachaim 1:88,89; Rambam, Hilchot Beit Habechira 7:14.

[8] Devarim 21:23. See also Ramban ad loc. and Radak, Yehoshua 8:29.

[9] Sanhedrin 47b; YD 357:1.

[10] Meiri, Bava Kama 82b.

[11] Radvaz 2:633.

[12] Gesher Hachaim 2:3.

[13] Sanhedrin 47a.

[14] Evel Rabati 11; Perisha, YD 357:1; YD 357:1; Yalkut Yosef 8:1.

[15] YD 357:1.

[16]Divrei Malkiel 2:95.

[17] Pitchei Teshuva, YD 357:2; Radbaz 4:107.

[18] Igrot Moshe, YD 3:139.

[19]Gesher Hachaim 7:1:10.