Chapter 4: The Mitzvah to bury & Laws relating to the burial plot:

1. The Mitzvah to bury the dead, and the prohibition against desecration and benefit:

A. Burying the dead:[1]

It is a Biblical obligation to bury a Jew that has deceased. One who does not bury the deceased transgress the positive command of “Kavor Tikbireny/You shall bury him” and the negative command of “Baal Salin.” [This applies even if the Jew was a Rasha his entire life.[2] The Mitzvah of Kevura applies so long as the bones of the body are still intact. Thus, if the body was unearthed, the Mitzvah of reburying the body applies.[3]]

One who instructs not to be buried:[4] One who instructed not to be buried after he passes away is not to be listened to, even if he is poor and cannot pay for the burial with the leftovers of his estate.[5] Likewise, if he instructed not to use his assets to pay for his burial, he is not to be listened to as explained in Halacha 3.

Who is obligated to bury the deceased? The obligation of burial is upon the mourning relatives of the deceased[6], as well as the inhabitants of the city of the deceased, or their appointed messengers known as the Chevra Kadisha.[7] A husband is obligated to bury his wife.[8]

Limb of the dead:[9] Some Poskim[10] rule the Mitzvah of burial only applies to the head and majority of the body. Other Poskim[11] rule the Mitzvah applies even to a Kezayis of the deceased. Other Poskim[12] rule the Mitzvah applies to any part of the body, irrelevant of size.

Burying a stillborn or Nefel: Some Poskim[13] rule that a stillborn and Nefel[14] is not obligated to be buried, and from the letter of the law may be discarded. Other Poskim[15], however, rule it is an obligation to bury a stillborn or Nefel. Practically, the custom is to bury the Nefel/stillborn.[16] [The custom is to bury Nefalim in a designated area of the cemetery.[17] The above only applies if the birth or miscarriage occurred after 90 days from conception, however within 90 days of conception, all agree that burial is not required.[18]]

Burying gentiles:[19] One is to [give assistance to[20]] bury a gentile who has passed away, for the sake of peace [even though the Biblical obligation of burial does not apply to them[21]].

Unsure if person is gentile or Jew:[22] If the identity of a deceased is unknown, then we follow majority of the population in that area, if the law of Kevius does not apply. If the majority of those who pass the area are Jewish, or if there is a Kevius of Jews in the area, then he is to be buried. If the majority of people in the area are not Jewish, and there is no Kevius of Jews in the area, then he is not required to be buried.

Q&A Burying the amputated limb of a living person:[23] An amputated limb of a living person’s body is not obligated to be buried. Nevertheless, it is to be placed in an area that is segregated from Kohanim.   Cremation:[24] Cremating the dead is a severe prohibition according to Jewish law, due to it transgressing the positive command to bury the dead[25], and due to the transgression of desecrating the honor of the deceased.[26] One who does so shows that he denies the resurrection of the dead.[27] If a Jew instructed to be cremated after he passes away, his wishes are not to be honored.[28] If a person’s relative was intentionally cremated, then one does not mourn over his passing, and there is no Aninus, Shiva, Kaddish, or Yahrzeit held in his memory.[29] [Practically, a Rav is to be contacted in such a case.] Burying cremated ash of Jew: The cremated ashes of a Jew do not require burial. If they are buried, they are not to be buried in the regular part of the cemetery [not even in the non-Shomer Shabbos section] and rather they are to be buried outside the cemetery fence.[30] Do Chevra Kadisha’s agree to bury the ash that remains after cremation in their cemeteries? This depends on the burial society and the governing rules that they follow. Whatever the case, they may not bury the ashes in a regular part of the cemetery. In Israel, the Chief rabbinate has a policy that they do not bury the cremated ashes of any individual. [Heard from Rav Yaakov Roza, Cheif Rabbi of the Chevra Kadish in Israel] This is done in order to discourage people from cremating their loved ones. May one bury the ash that remains after cremation in a random area, such as a forest? Yes, as it does not give off purity to Kohanim, as explained next. Does the ash of a corpse give off Tuma?[31] Many Poskim[32] rule that the ash of a corpse [which has no bone fragments remaining] does not give off impurity and hence there is no prohibition for a Kohen to be in contact with the ash or be in the same room as it. [Thus, a Kohen may enter into a room that contains the cremated remains of a person and may even hold the jar or ash in his hand.[33] This applies whether the ashes belong to a Jewish corpse or gentile corpse.] However, other Poskim[34] rule that the ash of a corpse does give off impurity and it is hence forbidden for a Kohen to defile himself to it.[35] Practically, one may certainly be lenient regarding entering Tumas Ohel to enter a room that contains the ash of a corpse[36], and those who are lenient to even touch and move the ash have upon him to rely as so is the main opinion in the Poskim. [This question especially arose after the Holocaust in which millions of Jews were burned in the crematorium, and the collective ashes were later taken and buried and Kohanim who had loved ones who were killed and burned asked if they can visit the burial site of the ash, the vast majority of Poskim concluded that it is allowed.[37]] Mummification/preservation:[38] The process of preserving a body entails various actions that may be forbidden under the prohibition of desecrating the dead [i.e. removal of internal organs, such as the intestines], delaying the decomposition of the body which is of benefit to the soul, and other prohibitions similar to that of an autopsy. Practically, it is debated amongst Poskim[39] as to whether it is permitted to mummify a body, and under what circumstances and details. The custom in those cases that the body will be transported for burial over the course for a couple of days in an unrefrigerated compartment, is to enter ant-decaying chemicals and spices into the body, and if necessary, to pump out the moisture and blood from the innards, and place it in a container for burial.[40]

The burial brings peace onto the soul:[41] Burying the dead brings peace onto the soul of the deceased, as so long as the body does not rest, neither does its soul. The soul does not enter the spiritual worlds above until after the burial. See Halacha 2 in sparks of Kabalah!   Assisting in the cremation of a Gentile corpse Question: [Wednesday, 3rd Shevat, 5782] We are a family of converts, and have a Gentile relative who recently passed away and asked in his will to be cremated. We are his closest available relatives to arrange for the cremation to take place, and my question is from a Halachic perspective am I allowed to assist in the cremation of the body of a Gentile, or is cremation forbidden on any human body?   Answer: It is permitted for you to assist and arrange for the cremation of a Gentile. This applies even if he is your relative, such as if you converted.   Explanation: It is forbidden for one to cremate the body of a Jew being that one is obligated to bury the body in the ground. This obligation of burial does not apply to a Gentile, and therefore seemingly there is no prohibition to cremate or help cremate his body. Now, although we are instructed by the sages to help bury the body of a Gentile for the sake of peace, this is not an intrinsic obligation to require actual burial in the ground, but simply an instruction for Jews to participate in the burial of a Gentile for peaceful purposes. However, the question they can be raised is whether burning the body transgresses the prohibition against desecrating the body of the dead which perhaps applies even to the body of a Gentile. Indeed, it is a dispute amongst the Poskim as to whether an autopsy may be performed on a Gentiles body. However, in truth this debate is due to the debate of whether there is a prohibition to benefit from the body of a Gentile, and is not due to it being considered desecration. Aside for the fact that there is no clear source that says that the prohibition to desecrate a body applies likewise to the body of a Gentile, one can argue that cremation is not similar to desecration at all.   Sources: See regarding the allowance to cremate a Gentile’s body: Shevet Halevi 8:256; Ach Tov Liyisrael [Kachlon] 27;  See regarding the prohibition of cremating a Jew’s body: Sefer Chayeh Olam for letters from all Gedolei Yisrael on the great prohibition of cremating the dead; Gesher Hachaim 16:7; Chelkas Yaakov 2:14; Nitei Gavriel 75:23; See regarding whether burning the body is considered a desecration of it: Admur 311:1-2; M”A 311:3; Machatzis Hashekel ibid; See regarding whether the prohibition to desecrate the body applies likewise to a gentile body: Shevet Halevi 8:256 [no]; See regarding the obligation to bury the body of a Jew: Devarim 21:23 “Don’t allow his corpse to remain on the tree, you shall bury it”; Rebbe Yochanon in Sanhedrin 46b; “Minayin Limeilin Sheoveir…”; Admur 526:1 “Positive command of burial”; 495 KU”A 3 “Negative command of Baal Salin”; Admur 72:2 that one transgresses the positive command if delays until sunset and transgresses the negative command if he delays until morning; Michaber Y.D. 362:1 “One who places the body in a casket and does not bury it transgresses “Lo Salin”; Rambam Avel 12:1, as understood by Lechem Mishneh, and Sefer Hamitzvos 231 that transgresses positive command; Ramban Sefer Hamitzvos Shoresh 1; Chinuch 537; Radbaz Chadashos 311 [learns there is only a negative command, and not a positive command], brought in Pischeiy Teshuvah 357:1; Ginas Veradim 1:8-2; M”A 72:2; Chochmas Adam Hanhagas Chevra Kadisha 12; Kitzur SHU”A 198:3; M”B 72:6; See Sdei Chemed Mareches Kuf 39 that so rule majority of all Rishonim and Achronim; See Gesher Hachaim chapter 16 and Vol. 2:12 for lengthy discussion; See Igros Kodesh 4:374, printed in Shulchan Menachem 5:255, for the various opinions; See regarding assisting in the burial of a Gentile: Michaber 367:1; Gittin 61a; See regarding that there is no intrinsic Mitzvah or obligation to bury a Gentile: Sdei Chemed Kelalim 2:103 in name of Poskim; Imrei Yosher 2:22; Gesher Hachaim 7:1; Shevet Halevi 8:256; Pnei Baruch 4:6; Shoel Umeishiv 2:151; Tzitz Eliezer 10:25

B. The prohibition against desecrating the body of the deceased:[42]

It is Biblically forbidden to desecrate the body of the dead. [This prohibition applies only to Jewish corpses and not to the corpses of gentiles.[43]]

Hastening the decomposition process:[44] It is permitted to place lime [or other chemicals] in the grave together with the body in order to hasten the decomposition.[45] [Nevertheless, it is improper to do so.[46]]

Autopsies: It is Biblically forbidden to for an autopsy to be performed onto a Jewish body, due to the desecration prohibition, and the prohibition to delay burial. This is with exception to extreme mitigating circumstances. See Chapter 1 Halacha 10H for the full details of this matter!

C. The prohibition against benefiting from the body and clothing of the deceased:[47]

Benefiting from the body of a Jew:[48] It is a [Biblical[49]] prohibition to benefit from the dead body of a Jew.[50] It is forbidden to benefit from even the hair of the deceased.[51] [Likewise, the skin of man is forbidden in benefit.[52] This applies even against receiving irregular benefit, and even against benefiting for the sake of an ill person.[53] It is forbidden to benefit from any part of his body, even if it does not require burial, such as less than a Kezayis.[54]] This prohibition applies even if the person instructed prior to his death that benefit may be received from his body.[55]

Benefiting from the body of a gentile:[56] Some Poskim[57]  rule it is [Biblically[58] or Rabbinically[59]] forbidden to benefit from the dead body of a gentile. [This applies even against receiving irregular benefit, and even against benefiting for the sake of an ill person.[60]] However, many other Poskim[61] rule it is permitted to benefit from the corpse of a gentile.[62] [Practically, one is to be stringent like the former ruling.[63] Some Poskim[64] however are lenient to allow benefiting from a gentile’s body for the sake of medical science.]

Benefiting from burial garments:[65] It is [Biblically[66]] forbidden to benefit from burial garments whether of a Jew or gentile.[67] This, however, only applies if the garments were designated for burial, and the body has been dressed in those garments. If the garments were designated, or even specially manufactured, for the burial of the deceased, but were not yet worn by him, it is permitted to use it for a different purpose. Likewise, if garments were worn by the deceased, but not originally designated for the burial, they are permitted in benefit. [Some Poskim[68], however, rule it is permitted to benefit from the burial garments of a gentile, as explained above regarding benefiting from the body of a gentile.]

Benefiting from external items that are attached to the body:[69] All ornaments and apparatuses that are attached to the body of the deceased are forbidden in benefit just like the body itself. Thus, a wig or toupee [that was worn by the deceased at the time of death and is permanently left on the body[70]] is forbidden in benefit if it was tied [or braided[71]] to his hair.[72] If, however, the wig or toupee was not attached to the hair [at all, and was rather simply resting on it, or attached using hair clips[73]], then it is permitted in benefit. The same applies for all items that are not actually attached to the body [but are simply resting on it], that they are permitted in benefit. Therefore, it is permitted to remove the rings [and other jewelry[74]] from the fingers of the deceased and make use of it [even if they are attached very tight to the body[75]].[76] [Likewise, the clothing that the person wore upon death is not forbidden in benefit.[77]] Furthermore, even if the item was attached to the body of the deceased, if he instructed prior to his death that the item be given to a son or daughter, or be removed for any other purpose, then it is permitted in benefit.[78]

Benefiting from items thrown onto the deceased:[79] All items thrown onto the deceased during the burial, with intent to be buried with the deceased, are forbidden in benefit if they made contact with the bed of the deceased [which refers to the bed on which he is carried during the funeral procession[80]]. Thus, if the parents [or other relatives] throw items into the grave, the items are forbidden in benefit if they have touched the bed of the deceased. It is therefore a Mitzvah to try to save the items that are being thrown, prior to them touching the bed.[81] Whoever increases in the throwing of items on the dead, transgresses the prohibition of Bal Tashchis.[82]

Benefiting from items used on behalf of the deceased:[83] It is permitted to benefit from the items used on behalf of the deceased during the Taharah, and funeral/burial, as they were never intended to be buried with the body, and hence do not become forbidden in benefit. Thus, the Taharah board on which the deceased rested during the Taharah process, remains permitted in benefit.[84] Likewise, all the vessels used to sew [the Tachrichin] and bury the deceased [i.e. shovels] are permitted in benefit, although if they belong to the Chevra Kadisha, then they may not be used unless one receives permission from the Gabaiy.[85]

Is the casket permitted in benefit?[86] It is forbidden to benefit from the casket in which the body was buried in. If the body was removed from the casket, then the casket must be destroyed or burnt. [If, however, one planned to bury the body without the casket, as is done in Eretz Yisrael, then it remains permitted in benefit.[87]]

Q&A May a gold/silver tooth be removed from the deceased and benefited from?[88] No. A gold or silver tooth may not be removed from the mouth of the deceased and requires burial, as is the law regarding all matters that are attached to him. Dentures:[89] It is permitted to remove dentures from the deceased if they were not permanently placed in the mouth, and were hence removed and inserted by the person as needed. May a pacemaker and other medical items be removed from the deceased and reused?[90] It is permitted to remove implanted medical devices from the body, such as a pacemaker, for the sake of future use for other patients.[91]   May an artificial limb be removed from the deceased and reused?[92] This follows the same law as stated above regarding a pacemaker, if the limb was initially attached with the intent of its removal upon death.

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[1] Devarim 21:23 “Don’t allow his corpse to remain on the tree, you shall bury it”; Rebbe Yochanon in Sanhedrin 46b; “Minayin Limeilin Sheoveir…”; Admur 526:1 “Positive command of burial”; 495 KU”A 3 “Negative command of Baal Salin”; Admur 72:2 that one transgresses the positive command if delays until sunset and transgresses the negative command if he delays until morning; Michaber Y.D. 362:1 “One who places the body in a casket and does not bury it transgresses “Lo Salin”; Rambam Avel 12:1, as understood by Lechem Mishneh, and Sefer Hamitzvos 231 that transgresses positive command; Ramban Sefer Hamitzvos Shoresh 1; Chinuch 537; Radbaz Chadashos 311 [learns there is only a negative command, and not a positive command], brought in Pischeiy Teshuvah 357:1; Ginas Veradim 1:8-2; M”A 72:2; Chochmas Adam Hanhagas Chevra Kadisha 12; Kitzur SHU”A 198:3; M”B 72:6; See Sdei Chemed Mareches Kuf 39 that so rule majority of all Rishonim and Achronim; See Gesher Hachaim chapter 16 and Vol. 2:12 for lengthy discussion; See Igros Kodesh 4:374, printed in Shulchan Menachem 5:255, for the various opinions

Other opinions: Some Poskim rule it is merely a Rabbinical command to bury the dead, and not a Biblical obligation. [Rasag Parshiyos 34; Rabbeinu Yona Sanhedrin ibid and Lechem Mishneh Avel 12:1 in explanation of second version of statement of Rebbe Yochanon ibid; Rambam Avel 12:1 in understanding of some Poskim; Maharitz in name of Chavos Yair 139 that the Lav is Rabbinical and the verse is an Asmachta, and other Poskim brought in Sdei Chemed Mareches Kuf 39 based on Rama C.M. 107; They say that the Gemara in Sanhedrin ibid is an Asmachta] Some Poskim hold that the Biblical command to bury the dead only applies to the seven relatives, while for any other person only a Rabbinical command applies. [See Rama C.M. 107:2 in name of Rishonim; Sdei Chemed ibid; Gesher Hachaim ibid who writes it is Biblical; Igros Moshe Y.D. 2:151]

[2] Besamim Rosh 64, brought in Pischeiy Teshuvah 357:1

[3] Tashbeitz 2:111, brought in Pischeiy Teshuvah E.H. 89; Gesher Hachaim 16:1 [See there that it is for this reason that a blessing is not recited, as it is a continuous Mitzvah.]

[4] Michaber 348:3; unanswered question in Sanhedrin 46b

[5] The reason: As not burying the deceased is a belittlement for those alive. [Shach 348:6]

[6] Implication of Admur 71:1 that all relatives who mourn are obligated to bury the deceased, with exception to one’s married sister, as Admur states “One whose relative passed away of whom one is obligated to mourn, even if he is not obligated to bury him, such as if one’s married sister passed away, or if the Chevra Kadisha has taken over”; Sdei Chemed ibid; Gesher Hachaim ibid; Igros Moshe Y.D. 2:151 that by the seven relatives it is a Biblical command.

One’s married sister, or female relative: Admur ibid rules that only the husband is obligated to bury the married sister. Vetzaruch Iyun as seemingly this also applies to other married female relatives, such as a married mother, or daughter, as brought in Michaber below, Vetzaruch Iyun as to why Admur omitted these examples.

[7] See Michaber 343:1 and 361:2 that the entire city must stop doing Melacha to see that the needs of the deceased are carried out unless there is a group of people designated to take care of the deceased; See Chavos Yair 139, brought in Pischeiy Teshuvah 357:1; Chochmas Adam Hanhagos Chevra Kadisha 12 that the obligation is on the sons, or other Aveilim, and in absence of them, it is upon the Chevra Kadisha; Divrei Chaim 1:64; Nitei Gavriel 129:4; See Sdei Chemed ibid; Gesher Hachaim ibid that it is Biblical upon the Chevra Kadisha if the relatives cannot bury; Igros Moshe Y.D. 2:151 that by non-relatives it is only a Rabbinical command if the deceased has relatives.

[8] Michaber Even Haezer 89:1; Admur 71:1; Aruch Hashulchan 348:2

[9] Gesher Hachaim 16:2

Burying the ash of the deceased: See Gesher Hachaim 16:9 and Darkei Chesed 17:13 that it is not obligated in burial, but is buried for other reasons.

[10] See Michaber 353:7 that a funeral is only done if one has majority of the body and head; Mishneh Limelech Avel 14:21

[11] Tosafos Yom Tov Shabbos 10:5

[12] Noda Beyehuda Kama Y.D. 90; Minchas Chinuch Mitzvah 537:1

[13] Implication of Michaber/Rama 526:10 and Admur 526:20; Hagahos Maimanis, brought in M”A 526:20; Chavos Yair 68, brought in Gilyon Maharsha; Noda Beyehuda Kama O.C. 16

[14] Definition of Nefel in this regard: The definition of a Nefel in this regard is a child who died within thirty days of birth and was certainly born prior to the completion of nine months. If, however, it is unknown as to after how long he was born, and he was born without fully developed nails and hair, then seemingly he is defined as a Safek Nefel [and he must be buried]. [See Admur 330:8] If the child was born with fully developed hair and nails, then we assume that it is not a Nefel at all even if he died within thirty days after birth, and he certainly must be buried. [See Michaber 526:9 and Admur 526:19 and Michaber 330:7 and Admur 330:8; However see M”A 526:19 who considers him a Safek Nefel even in such a case.]

[15] M”A 526:20; Pischeiy Teshuvah 357:1; See Gesher Hachaim 1:16-3; Tzitz Eliezer 10:25

[16] See Michaber and Rama Y.D. 263:5; O.C. 526:10; Admur 526:19-20; Avnei Nezer 472; Nitei Gavriel 135:18; Letter of Rav SZ”A printed in Nitei Gavriel page 749 that from the letter of the law burial is not required and we only bury due to Tuma

The law by a child who was born alive: Seemingly, by a child who was born alive and later died within thirty days, burying him is an obligation according to all, as today all Nefalim are considered a Safek Nefel, as we do not know as to after how many months they were born, and are hence obligated to be buried due to the doubt. This especially applies if they were born with fully developed hair and nails. See previous footnote!

Burying a Nefel together with other in same plot: See Letter of Rav SZ”A printed in Nitei Gavriel page 749 that the burial is to be done a short distance from the grave. Nitei Gavriel ibid writes the custom in New York is to bury a Nefel together with another Meis.

[17] Nitei Gavriel 75:17; See 75:22 that they should not be buried near Reshaim; See Letter of Rav SZ”A printed in Nitei Gavriel page 749 regarding if one may bury the Nefel together with another deceased.

[18] Maharsham 4:146; Nitei Gavriel 75:19

[19] Michaber 367:1; Gittin 61a

[20] Shach 367:1

[21] Sdei Chemed Kelalim 2:103 in name of Poskim; Imrei Yosher 2:22; Gesher Hachaim 7:1; Shevet Halevi 8:256; Pnei Baruch 4:6; See Tzitz Eliezer 10:25; Ach Tov Liyisrael [Kachlon] 27

Other opinions: Some Poskim rule the prohibition of Lo Salin applies even to a gentile. [Shoel Umeishiv 2:151]

[22] Rama 374:3 and Shach 374:3; See Shach 374:2-3, Admur 329:2, Michaber Even Haezer 4:34, regarding the status of Kavua

[23] Shvus Yaakov 2:101, brought in Pischeiy Teshuvah 362:1; See Gesher Hachaim 16:2; Darkei Chesed 22

[24] See Sefer Chayeh Olam for letters from all Gedolei Yisrael on the great prohibition of cremating the dead; Gesher Hachaim 16:7; Chelkas Yaakov 2:14; Nitei Gavriel 75:23; Shevet Halevi 8:256; Ach Tov Liyisrael [Kachlon] 27

[25] Devarim 21:23 “Don’t allow his corpse to remain on the tree, you shall bury it”; Rebbe Yochanon in Sanhedrin 46b; “Minayin Limeilin Sheoveir…”; Admur 526:1 “Positive command of burial”; 495 KU”A 3 “Negative command of Baal Salin”; Michaber Y.D. 362:1 “One who places the body in a casket and does not bury it transgresses “Lo Salin”; Rambam Avel 12:1, as understood by Lechem Mishneh, and Sefer Hamitzvos 231; Chinuch 537; Beis Yitzchak Y.D. 155; Darkei Chesed 10:6

[26] See regarding the prohibition to desecrate the body of the dead: Noda Beyehuda Tinyana 210; Chasam Sofer Y.D. 336; Shagas Aryeh 6; Kesav Sofer Y.D. 174; Beis Yitzchak Y.D. 155; Darkei Chesed 10:6; See Ramban on Devarim 21:23; See regarding if burning the body is considered desecration: Admur 311:1-2; M”A 311:3; Machatzis Hashekel ibid;

[27] Darkei Chesed 10:6

[28] Yerushalmi Kesubos 11:1; Beis Yitzchak Y.D. 2:155; Arugas Habosem Y.D. 247; Minchas Elazar 2:34; Divrei Malkiel 5:140; Gesher Hachaim p. 157; Nitei Gavriel ibid

[29] Darkei Chesed 10:6; Nitei Gavriel ibid

[30] Seridei Eish 2:123; Igros Moshe Y.D. 3:147; Nitei Gavriel ibid; See Gesher Hachaim 16:7

[31] See Hamiaseif 9:17-13; Anei Shoham Inyanei Hageluyos Yimei Hazam p. 436; Sefer Emek Habacha 2; Chayeh Olam; Koveitz Beis Yisrael 211 p. 124; Dibros Eliyahu 8:74

[32] Sheilas Yaavetz 2:169, brought in Pischeiy Teshuvah Y.D. 369:2; Rambam Tumas Meis 3:10 “The flesh of a corpse which has disintegrated and become like flour is pure and so too the ash of a corpse is pure”; Chachamim in Mishneh Ohalos 2:2; Taam Vadaas; Milameid Lehoil Y.D. 2:114 in name of Ramban, Rashba, Ran and Ritva; Seridei Eish 1:181; Chelkas Yaakov Y.D. 217; Minchas Yitzchak 1:30

[33] Cremated bodies are burnt at temperatures between 1400-1800 Fahrenheit for about 2-2.5 hours. The bones are reduced to calcified matter which are later crushed and processed, being reduced to ash like particles. Thus, in a jar containing the cremated remains of a person there are no remaining body particles that pose a Halachic issue for a Kohen regarding the laws of impurity.

[34] Rebbe Eliezer in the Mishneh ibid; Lechem Hapanim 364; Shut Harashbash 610; Tosafus Nida 27b; Paneiach Raza Parshas Korach; Shevet Shimon Chidushei Sugyos

[35] The reason: Rebbe Eliezer in the Mishneh ibid holds that the ash of a corpse does give Tuma. Furthermore, some Poskim rule that even according to Chachamim, the ash of a corpse is only considered to not give off impurity if it was burned while the person was still alive as it never had an opportunity to give off impurity, however, if it was burned after death, then since it gave off impurity prior to the burning, it’s ashes remain impure and may not be touched by a Kohen. [Shevet Shimon Chidushei Sugyos] Furthermore, some Poskim rule that ash of a corpse always gives off impurity being that it contains the Luz bone which is not able to be destroyed and from which the resurrection will occur and hence it is forbidden for a Kohen to defile himself to it. [Beis Yisrael p. 33, based on Lechem Hapanim 364] Practically, however, the Poskim negate the above claims, as it is clear from the wording of the Rambam ibid that ash never gives off impurity even if the corpse was burned after death as he previously states that flesh which disintegrates and becomes like flour is pure. Likewise, it is clear from the Talmud that the Luz bone does not give off impurity. [Sheilas Yaavetz ibid]

[36] Chelkas Yaakov Y.D. 217; Dibros Eliyahu ibid

[37] See Hamiaseif 9:17-13; Anei Shoham Inyanei Hageluyos Yimei Hazam p. 436; Sefer Emek Habacha 2; Chayeh Olam; Koveitz Beis Yisrael 211 p. 124

[38] See Gesher Hachaim 5:7; Darkei Chesed 10:4; See Mishneh Limelech Machalos Assuros 8:18 regarding selling mummies and Aveilus 3:1 regarding Tumas Kohanim from a mummy; Pischeiy Teshuvah 349:2 regarding eating the mummy

[39] See Chasam Sofer Y.D. 336; Radbaz 2:484

[40] Gesher Hachaim ibid

[41] Mavor Yabok Mamar Sefas Emes 27; Zohar Parshas Emor p. 88b

[42] Noda Beyehuda Tinyana 210; Chasam Sofer Y.D. 336; Shagas Aryeh 6; Kesav Sofer Y.D. 174; See Ramban on Devarim 21:23; Gesher Hachaim 5 p. 51-52

[43] Shevet Halevi 8:256; Ach Tov Liyisrael [Kachlon] 27

[44] Rama 363:2; Rashab 369

[45] The reason: As the flesh and skin delay and increase the pain of judgment, and the faster they decompose, the quicker the judgment will be. [Taz 363:3]

[46] See Shvus Yaakov 2:97; Har Eival Anaf 11; Pischeiy Teshuvah 363:5

[47] See Shulchan Aruch 349; Gesher Hachaim Chapter 8; Nitei Gavriel 132

[48] Michaber 349:1 regarding garment; Avoda Zara 28b; Shach 79:3; 349:1; All Poskim in next footnote

[49] Shach 79:3; 349:1; Even Shoham 30, brought in Pischeiy Teshuvah 349:1; Tzevi Letzadik 79; Chasam Sofer Y.D. 336; Rashi Sanhedrin 47b-48a; Rabbeinu Tam ibid; Ramban, brought in Kesef Mishneh Machalos Assuros 4:4; Yireim 310; See Sheilas Yaavetz 41 however who states it is Rabbinical

[50] The reason: As the verse states “And Miriam was buried there” and we learn a Hekesh from Egla Arufa that just as the Egla Arufa is forbidden in benefit, so too a corpse and all its burial garments are forbidden in benefit. [Shach 349:1]

[51] Michaber 349:2; Beis Yosef 349; Kesef Mishnah on Rambam; Rashba 330; Gesher Hachaim 8:1

Other opinions: Some Poskim rule that the hair of a deceased person is permitted in benefit. [Nekudos Hakesef 349:2; Rambam; Semag; Tosfos Bava Kama 11]

[52] Beis Hillel 349 that is Kal Vachomer from hair; 1^st opinion in Tosfos Nidda 55a; Gesher Hachaim 8:1

Other opinions: Some Poskim rule that the skin of a deceased person is permitted in benefit. [2^nd opinion in Tosfos Nidda 55a, brought in Beis Hillel ibid]

[53] Ginas Veradim 1:1-4, brought in Rav Akiva Eiger 349

Other opinions: Some Poskim rule it is only Rabbinically forbidden to receive irregular benefit from a deceased. [Radbaz 3:548; Shivas Tziyon 62; See Igros Moshe Y.D. 1:229-3]

[54] Gesher Hachaim 8:1

[55] Michaber 349:2

[56] See Mishneh Limelech end of Hilchos Avel for lengthy discussion on this topic; Birkeiy Yosef 349; See Sdei Chemed Divrei Chachamim 52; Yabia Omer 3:20-23; Nishmas Avraham 2:349 [p. 510-520]

[57] Michaber 349:1 regarding garment; Bedek Habayis 349 in name of Rashba 365; Setimas Rama ibid; Radbaz in understanding of Rambam Avel 14:21; Levush 349; Birkeiy Yosef ibid concludes not to Chaim Bayad 96; P”M 79 S”D 3; Rav Akiva Eiger 349 in name of Ginas Veradim 1:1; Kitzur SHU”A 196:13; Aruch Hashulchan 349:3; Zivcheiy Tzedek Y.D. 79:7; Ben Ish Chaiy Emor 2:6; Teshuvah Meahava 1:47; Chelkas Yaakov 1:84

[58] Shach 349:1 implies gentiles have same Biblical status as Jews

[59] Even Shoham 30, brought in Pischeiy Teshuvah 349:1; Tzevi Letzadik 79; Sheilas Yaavetz 41

[60] Ginas Veradim 1:1-4, brought in Rav Akiva Eiger 349

[61] Gemara: Yerushalmi Shabbos 10:5; See Sanhedrin 19b that David married Michal with 200 foreskins; See Bechoros 45a that the students of Rebbe Yishmael dissected the body of a certain Zona

Rishonim: Tosfos Bava Kama 10a “A gentile owned by a Jew who falls in a pit is permitted in benefit” [however see Shvus Yaakov 1:89 who learns that only in the case of an owned slave is it permitted]; Rashba on Bava Kama 9b; 53b; 94b “Benefit from a gentile corpse is permitted” [See Sdei Chemed ibid that this is the true opinion of the Rashba]; Ran Shabbos 94b;  Meiri Shabbos 93b; Ramban Kesubos 60a; Rokeiach 464; Yireim 113

Achronim: Radbaz 741 and 979; Nekudos Hakesef in name of Tosfos ibid and in implication of Harav Hamaggid in Machalos Assuros 2; Gr”a 349 in name of Rashba ibid; Mishneh Limelech ibid in name of Yerushalmi ibid and in his understanding of Rambam; Peri Chadash Y.D. Kuntrus Achron 79; Chasam Sofer Y.D. 336; Maharam Shick Y.D. 349; Gesher Hachaim 8:1

[62] The reason: As only the prohibition against benefiting from the body of a Jew can be learned from Miriam, thus a gentile’s body is permitted in benefit. [Rashba ibid; Radbaz ibid]

[63] Chida in Birkeiy Yosef ibid; Misgeres Hashulchan p. 175

[64] Even Shoham 30, brought in Pischeiy Teshuvah 349:1; Igros Moshe Y.D. 1:229-6; Yaskil Avdi 6:19; Gesher Hachaim 8:1; Rav SZ”A, brought in Nishmas Avraham ibid; This follows the lenient opinions brought above who hold it is not prohibited at all, or is merely a Rabbinical prohibition. However according to those opinions who hold it is a Biblical prohibition, it is forbidden to make use of the body even for the benefit of medical science. [See Darkei Moshe Y.D. 368:4]

[65] Michaber 349:1; Sanhedrin 47b-48a; Rashba 365 adds regarding gentile; Darkei Chesed 12:18

[66] See Shach 349:1

[67] The reason: As the verse states, “And Miriam was buried there” and we learn a Hekesh from Egla Arufa that just as the Egla Arufa is forbidden in benefit, so too a corpse and all its burial garments are forbidden in benefit. [Shach 349:1]

[68] Nekudos Hakesef in name of Tosfos Bava Kama 10a and in implication of Harav Hamaggid in Machalos Assuros 2; Gr”a 349 in name of Rashba on Bava Kama; Mishneh Limelech ibid in name of Yerushalmi; See dispute recorded above regarding benefiting from the body of a gentile and the same would apply to the garments

[69] Michaber 349:2; See Gesher Hachaim 8:2; Darkei Chesed 12:18

[70] Gesher Hachaim 8:1

[71] Shach 349:3 in name of Bach

[72] Michaber 349:2

[73] Shach 349:3 in name of Bach

[74] However, jewelry which is permanently placed onto the body, such as a permanent naval ring, or tongue ring, seemingly is forbidden to be removed and must be buried together with the body, just like a permanent wig. However, if the deceased instructed for it to be removed upon death, then one may do so, as stated above.

[75] Pischeiy Teshuvah 349:4

[76] Rama ibid

Woman with death sentence: The hair of a woman with a death sentence is permitted in benefit so long as she is still alive, prior to being put to death. [Rama ibid]

[77] Michaber 349:1; Pischeiy Teshuvah 349:4

[78] Michaber ibid

[79] Michaber 349:3

[80] Shach 349:5

[81] Michaber ibid; See Rama ibid that the saver is obligated to guard the item and must return it to the parents after their wrath and anguish dissipate. If, however, they return it to the parents right away, they become liable for damages.

The reason: As certainly the parents will later regret throwing the items, and it is hence a Mitzvah to return due to Hashavas Aveida. [Shach 349:4]

[82] Michaber 349:4; 350:1 as explained in Shach 350:2; Miseches Semachos 9; See Admur Hilchos Shemiras Haguf 14

Burning the items of a king: See Michaber 348:1 that one may burn the items of a king or president, but not of a regular person

[83] Rama 349:3

[84] Rama ibid

[85] Rama 364:1

[86] Michaber 363:5; See Pischeiy Teshuvah 363:6; Igros Moshe 1:244; Nitei Gavriel 49:9

[87] Gesher Hachaim 8:11; See Nitei Gavriel 49:10

[88] Panim Meiros 3:33; Bechos Shur Avodas Kochavim 29b; Pischeiy Teshuvah 349:3-4

[89] Gesher Hachaim 8:8

[90] See Nishmas Avraham p. 523-526 in name of Poskim: Igros Moshe; Rav SZ”A; Tzitz Eliezer; Shevet Halevi 7:189; Yabia Omer 10:50; Binyan Av [of Rav Batzri]

[91] The reason: As the item was never placed in the body with intent for him to be buried with it, and hence does not receive a benefit prohibition.

[92] See Nishmas Avraham p. 523-526 in name of Poskim; Igros Moshe; Rav SZ”A; Tzitz Eliezer; Shevet Halevi 7:189; Yabia Omer 10:50; Binyan Av [of Rav Batzri];