From the Rav’s Desk: Moving a corpse outside of Israel for burial

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Question: [Tuesday, 8th Sivan, 5782]

May one who passed away outside in Israel be buried by a family plot or plot that he already purchased in the Diaspora? For example, if a Diaspora resident was visiting Israel and passed away there, may he be removed to be buried in his local cemetery in the Diaspora?

 

Answer:

A person who passed away in Eretz Yisrael, or whose body was brought to Eretz Yisrael, may not be buried in the Diaspora. This applies even if he was only visiting Israel temporarily and he has a purchased family plot in the Diaspora. This of course only applies if the person passed away in the Halachic parts of Eretz Yisrael.

Explanation: We do not find any explicit prohibition in the Talmud or Poskim against moving someone from Israel for the sake of burial in the Diaspora. Nonetheless, the age-old tradition is to be particular in this matter and not remove corpses from Israel to be buried in the Diaspora. This custom is based on the teaching in the Talmud which states that everyone goes up to Israel and no one leaves Israel.

Sources: Gesher Hachaim 2:11; Yabia Omer 6:31; Nitei Gavriel Vol. 2 94:20

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.

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