10. Laws relating to gravedigging:

Jewish gravediggers:[1] It is proper to endeavor that the digging of the grave is done by a Jew. [Many Chevra Kadisha’s own a tractor which they use to perform the digging. In light of the above, the operator of the tractor is to be Jewish.[2]]

Exempt from Shema, prayer and positive commands:[3] Gravediggers are exempt from Kerias Shema, Tefila, Tefillin, and all the [positive] Mitzvos written in the Torah [while they are assigned to a digging job].[4] [Furthermore, this applies even when the diggers take a break from their work for the sake of rest.[5]] If there are two [or more[6]] gravediggers and the time of Shema has arrived, then they are to take turns Davening while the other person digs. This, however, only applies by a small grave, in which only one digger is needed. If, however, both diggers are needed to do the work, then they are both exempt from the Mitzvah. [The same applies if more than two people are involved in the digging, that all those who are needed to work simultaneously are exempt, while those who are not currently needed are to go pray, and then switch with the others until everyone has prayed. All in all, the digging, and its related tasks, may not cease (for even a moment) for the sake of reading Shema or prayer or other Mitzvos, and only if it can be accomplished by another may someone take a break to say it.[7]]

When to dig the grave:[8] Some Poskim[9] rule one may not dig a grave for a [sick] person until he dies.[10] [However, from the letter of the law, it is permitted to do so, so long as the person is unaware.[11] Even according to this approach, one is not to dig it on Erev Shabbos, close to Shabbos, unless one expects the burial to take place before Shabbos.[12] Likewise, one is not to dig it before Yom Tov, even if he expects the person to die on Yom Tov.[13] Practically, we avoid digging a grave for a sick person even if he is unaware, in order not to diminish his Mazal.[14] However, it is permitted and accustomed even initially for graves to be dug and prepared in the cemetery so they are ready for future purchase and burial.[15] The graves, however, are to be filled up with earth after they are dug, as stated next. Once the grave has been purchased, it is no longer to be prepared or dug until the burial.[16] However, some are accustomed that those who purchase a grave in their lifetime, have it dug up and then covered by a board, thus already forming the hallow space inside.[17]]

Leaving a grave open:[18] It is forbidden to ever dig a grave and leave it open until the next day, for a corpse who will not be buried that day, and if one does so there is danger involved. [Thus, if the grave was already dug and the burial will not take place that day, the grave is to be refilled with earth.[19] Alternatively, it is to be covered over with a board.[20] This adherence to cover the grave that day applies even if the grave was dug by the Chevra Kadisha for future use, and has not yet been purchased for burial.[21] Nonetheless, some burial societies are accustomed to dig the grave only partially, and leave it open, as the adherence to cover it that day only applies if the grave has been dug to its required depth.[22]]

Q&A May a grave be dug during the day and left open for a burial that will take place that night? Some Poskim[23] rule this prohibition applies even from day to night, and hence one may not dig a grave before sunset if the burial will take place after sunset. However, other Poskim[24] are lenient in such a case. May a grave be dug during the night for the sake of burial the next day?[25] Yes.   If a grave was dug before Shabbos and the burial could not take place that day, can a gentile be asked to refill the grave on Shabbos? Some Poskim[26] rule it is permitted to do so.[27]

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[1] Maharid Y.D. 2; Nitei Gavriel 75:6; See Ashel Avraham Butchach 342

[2] Nitei Gavriel ibid footnote 10

[3] Michaber Y.D. 365:1; O.C. 71:5; Admur 71:1; Braisa Brachos 14b

Must the gravedigger later Daven Tashlumin for the missed prayer? See Gilyon Maharsha 365; Chapter 3 Halacha 24B!

[4] The reason: As one who performs a Mitzvah is exempt from all other Mitzvos. [Shach 365:1]

[5] Admur ibid; Ran Sukkah 25a

[6] Admur ibid

[7] Admur ibid, parentheses in original

[8] Rama ibid

[9] Rivash 114

[10] The reason: In order so the Mazal of the sick person does not worsen. [Birkeiy Yosef 547:3; Yosef Ometz 92, brought in Shaar Hatziyon 547:15]

[11] Bach 339, bought in Shach 339:6; Mishneh Limelech Avel 4:5; Beir Heiytiv 339:3; Pischeiy Teshuvah 339:2

[12] Bach and Shach ibid

[13] Dudaeiy Sadeh 18; Nitei Gavriel 75:11

[14] Birkeiy Yosef 547:3; Yosef Ometz 92, brought in Shaar Hatziyon 547:15; Maharsham 4:150; Dudaeiy Sadeh 18

[15] See Michaber 548:11; M”B 548:24; Birkeiy Yosef 547:3; Yosef Ometz 92, brought in Shaar Hatziyon 547:15; Maharsham 4:150; Dudaeiy Sadeh 18

The reason: As the worry of preparing a grave while the person is still alive is only in a case that one intends to prepare it for a specific person. [ibid]

[16] So is evident from Poskim ibid in order so one’s Mazal not worsen; Perhaps however, this only applies by a sick person, while by the healthy, there is no issue if the grave will be covered, as explained next.

[17] Gesher Hachaim 27:7

[18] Rama ibid; Rabbeinu Yerucham in name of Rebbe Yehuda Hachassid; Tzavah of Rebbe Yehuda Hachassid 2, that if one does so, in a short while, one of the city residents will die; Kitzur SHU”A 199:13

[19] Shach 339:6; Aruch Hashulchan Y.D. 339:5; Kitzur SHU”A 199:13; Ikarei Hadaat 11:13; Shivim Temarim on Rav Yehuda Hachassid ibid

[20] See Gesher Hachaim 27:7 “The custom is for those who purchase a grave in their lifetime, to dig it and then cover it, thus already forming the Ohel” He then states that some are accustomed to leave a candle in the hollow space, which is later removed to be lit during the Shiva. Cleary, he held that the covering does not have to be done with earth, but with any cover.

[21] Gesher Hachaim 27:7 that so is the custom of the Chevra Kadisha; Although it is possible that the warning of Rav Yehuda Hachassid only applies with regards to a grave dug for a specific individual, practically the custom is to fill up even these graves.

[22] Gesher Hachaim 27:7

[23] Yosef Ometz 92; Dudaei Sdaeh 30; Nitei Gavriel 75:14

[24] Minchas Elazar 3:13; Sdei Chemed Aveilus 168

[25] Ikarei Hadaat 11:13; Shivim Temarim on Rav Yehuda Hachassid ibid; Nitei Gavriel 75:16

[26] Leaning opinion of Aruch Hashulchan Y.D. 339:5; Nitei Gavriel 75:15

[27] The reason: As this is considered a matter of danger, and it is permitted to ask a gentile to perform Melacha to save one from danger. [See Aruch Hashulchan ibid; O.C. 328] Vetzaruch Iyun, as according to this, even a Jew should be allowed to perform it.