2. When to bury the dead-The prohibition to delay burial:[1]

It is [Biblically[2]] forbidden [for the sons, and those responsible for the burial[3]] to delay the burial of the dead, unless the delay is for the sake and honor of the deceased.[4] [One who does an unjustifiable delay, transgresses a Biblical negative command.[5] Likewise, one who does an unjustifiable delay also transgresses a positive command.[6] This prohibition applies even if the Jew was a Rasha his entire life.[7] Some Poskim[8] rule it applies even to a stillborn or Nefel[9] [and Lechatchila one is to suspect for this opinion[10]]. It does not apply to a gentile.[11] Regarding the length of the delay that is forbidden, and when one transgresses the Biblical command-see next! One should be aware that the soul is in turmoil and does not find rest until the body is properly buried.]

How soon must the body be buried? If the person passed away during the day, then the burial must take place prior to sunset.[12] If he passed away at night, then the burial must take place before daybreak.[13] If the burial is unjustifiably delayed past daybreak, or sunset, in the above said cases, one transgresses the Biblical command [every day of delay[14]].[15] However, there is no prohibition at all to delay the burial until close to sunset or close to daybreak, although, as stated below, it is praiseworthy to hurry the burial.[16] [Once the person has stopped breathing, he is considered dead according to Halacha, and the obligation of burial, and prohibition to delay it unjustifiably, begin to apply. There is no room in Judaism to delay burial until corrosion of the body begins, under the claim that perhaps he is still alive.[17]]

Cases in which delay is permitted:[18] The following matters are considered done in honor and for the sake of the deceased, and justify a delay of the burial in order for them to be accomplished:

1. To bring him a casket.
2. To bring him Tachrichin.
3. To bring someone to eulogize him.[19]
4. For the relatives to arrive.[20]
5. To publicize the funeral amongst other cities.
6. [To bring the body to the designated cemetery and have the Taharah performed.]

Hurrying the funeral:[21] Whoever rushes the funeral of the dead [and diminishes the wailing and eulogies[22]] is praised.[23] [Meaning, that although one does not transgress the delay prohibition unless he delays past sunset of daybreak, it is nonetheless praiseworthy to bury as soon as possible.] This, however, is with exception to one’s father or mother, in which case one who rushes their funeral [and diminishes in wailing and eulogies[24]] is despised[25], unless there is some necessity to do so, such as on Erev Shabbos or Erev Yom Tov, or if it began raining during the funeral and the rain is hitting the body. [Practically, the custom today is to hurry the burial of even a parent.[26]]

Summary: It is Biblically forbidden to delay the burial of the dead unless one of the above listed justifications apply. If the passing occurred during the daytime with enough time for the burial to take place prior to sunset, then the burial must take place before sunset of that same day. If this is not possible, the burial should take place at night. If the person passed away at night, the burial is to take place before daybreak, unless one of the above listed justifications apply. Even if a valid justification applies, it is proper to bury the deceased within 24-hours from the moment of passing, as explained in the Q&A.   Custom of Jerusalem:[27] The custom in Jerusalem is not to delay the burial of the deceased even for the sake of his honor, and justifiable cause. From the letter of the law, however, this only applies in the old city of Jerusalem.[28]   Burying at night: As stated above, it is a Biblical prohibition to delay the burial until the morning. Nevertheless, in previous times it was common not to bury at night and to delay the burial until daytime, out of respect for the dead.[29] So is the custom of some communities even today. However, many communities today are particular to bury the dead right away, even at night, as is required from the letter of the law.[30] Q&A Does one transgress Lo Salin for delaying the burial of a limb?[31] No. The prohibition only applies to the head and majority of the body and not to bones of an individual limb. Q&A on delaying the burial For how long may one delay the burial due to the justifiable reasons mentioned above? Some Poskim[32] rule one is not to delay the burial more than 24 hours from the death even for the sake and honor of the deceased. Practically, one may certainly be lenient to delay more than 24 hours for the sake of a child of the deceased to arrive to the funeral and burial.[33]   If the relatives refuse to pay the Chevra Kadisha, may the Chevra Kadisha delay the burial?[34] It is forbidden for the relatives to delay payment to the Chevra Kadisha if doing so will cause the burial to be delayed. If they do so, they transgress the above commands of “Lo Salin.” If, however, the delay is due to unjustifiable demands of the Chevra Kadisha, then the Chevra Kadisha transgresses the command, if they delay the burial. Accordingly, if the death/burial falls on a legal secular holiday, and the price of burial is more, it is forbidden to delay the burial simply to save costs.[35]    Must a congregation pay money for the sake of retrieving a Jewish body for the sake of burial?[36] A congregation is not obligated to spend a large sum of money for the sake of redeeming the body of a Jew for burial. Furthermore, even those who are obligated to bury this deceased individual [i.e. his sons] are not obligated to spend more than 1/5th of their assets for the sake of fulfilling it.[37]   May one delay the burial for the sake of burying the deceased on Erev Shabbos near sunset?[38] One who is buried on Erev Shabbos near sunset [or past the fifth hour[39]] is saved from Chibut Hakever [purgatory of the grave]. Nonetheless, it is forbidden for one to delay the burial past daybreak or sunset for this purpose. Thus, if one passed away on Thursday [or Thursday night], it is forbidden to delay the burial until Friday afternoon for this purpose. If one does so, not only does he transgress the command, but the body is not saved from Chibut Hakever.   May one delay the burial until after Shabbos due to fear that it will cause Shabbos desecration?[40] Yes. However, if it will not cause Shabbos desecration, then one is obligated to bury him on Erev Shabbos, and may not delay it until Motzei Shabbos, unless one of the justifiable reasons apply.   May one delay the burial for identification purposes? Some Poskim[41] suggest that perhaps it is permitted to delay the burial of the deceased for the sake of identifying the body, and allowing his sons to say Kaddish, and his wife to remarry.   May one delay the burial of the deceased if prior to his passing he instructed for it to be delayed?[42] Some Poskim[43] rule that one may do so. Other Poskim[44] rule it is forbidden to delay the burial even in such a case.

Sparks of Kabbalah: The Zohar[45] states as follows: The soul cannot continue with its journey, either in Gan Eden, or as a Gilgul back in this world, until the body is buried. This is because a new body cannot be given to the soul until his old body is buried. It is possible that G-d predestined this soul to be reincarnated in a body that very day of his death, and the delay of the burial can cause a delay in this reincarnation. It is similar to a man who lost his wife and cannot marry a new wife until his late wife is buried. For this reason, the soul also cannot be elevated to Gan Eden until the body is buried, as to enter Gan Eden one needs to receive a spiritual body, and this body cannot be given until the original body is buried. It is therefore a Mitzvah to bury the deceased right away. [Possibly, it is also due to this reason that the Chabad custom is to diminish as much as possible in the eulogies, in order not to delay the burial.[46]]

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[1] Michaber 357:1; Rambam Avel 12:1; Mishneh Sanhedrin 46a; Rebbe Yochanon in name of Rashbi Sanhedrin ibid “From where do we know that one who delays the burial that…”; See Sdei Chemed Aveilus 84; Pnei Baruch 4:5

[2] See all Poskim in Halacha 1, and in coming footnotes; See Igros Kodesh 4:374, printed in Shulchan Menachem 5:255, for the various opinions

Other opinions: See Poskim in other opinions in footnotes for Halacha 1.

[3] 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

[4] See Ramban Ki Seitzei for proof from verse; Gilyon Maharsha 357 that it is permitted to delay the burial also in honor of the respect of those alive, however the Noda Beyehuda O.C. 16 questions this

[5] Mishneh ibid “If the burial was delayed, he transgresses a negative command, as the verse states, Lo Salin Nivlaso Al Haeitz, Ki Kavor Tikvirenu”; Admur 72:2 that one transgresses the negative command of Lo Salin if he delays until morning; M”A 72:2; Poskim in Gilyon Maharsha 357; Radbaz 1:311

In Eretz Yisrael: Some rule that delaying the burial of a body in Eretz Yisrael also carries an addition transgression of “Lo Sitamei Admasecha: not to defile the land.” [Ramban Parshas Ki Seitzei 21:23]

Other opinions: See Poskim in other opinions in footnotes for Halacha 1 who learn that the prohibition is only Rabbinical.

[6] Admur 72:2 in parentheses that one transgresses the positive command of Kavor Tikbirenu if he delays until sunset; Rambam Sefer Hamitzvos 231; Lechem Mishneh 4:7; Conclusion of Ginas Veradim 1:8-2, brought in Gilyon Maharsha 357; Minchas Chinuch 537

The reason: It is a Biblical positive command to bury the deceased as soon as possible, as learned from the words “Kavor Tikbirenu.” [Poskim ibid]

Other opinions: Some Poskim rule there is no positive command to bury the dead right away, as the above verse refers only to those who were killed in Beis Din. [Ginas Veradim 1:8-2 in name of Radbaz ibid, brought in Gilyon Maharsha ibid]

[7] Besamim Rosh 64, brought in Pischeiy Teshuvah 357:1; Pnei Baruch 4:6

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

Other opinions: Most Poskim rule that a stillborn and Nefel is not obligated to be buried, and from the letter of the law may be discarded. [Implication of Michaber/Rama 526:10; Admur 526:20 “As so long as the child is a still born, there is no belittlement to delay his burial until the evening”; Hagahos Maimanis, brought in M”A 526:20; Chavos Yair 68, brought in Gilyon Maharsha; Noda Beyehuda Kama O.C. 16; Yeshuos Yaakov 526:5; Binyan Tziyon 1:113; See Mishmeres Shalom Lamed 32] Some communities are accustomed to not bury a Nefel until its mother recovers from birth, due to it being a danger for the mother. [Shulchan Gavoa 526:22; Kaf Hachaim 526:94] Practically, we do not follow this approach. [Erez Chaim 357; Darkei Teshuvah 116:43; Nitei Gavriel 135 footnote 27]

[9] See Halacha 1A in footnotes for definition

[10] Kaf Hachaim 526:92; Ashel Avraham Butchach 342; Nitei Gavriel 129:5

[11] Sdei Chemed Kelalim 2:103 in name of Poskim; Gesher Hachaim 7:1; Pnei Baruch 4:6

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

[12] Admur 72:2 in parentheses that one transgresses the positive command of Kavor Tikbirenu if he delays until sunset; Sefer Hachinuch and Minchas Chinuch 537; Ginas Veradim 1:8-2, brought in Birkeiy Yosef and Gilyon Maharsha 357; Sefer Hachaim Hilchos Yom Tov; Chochmas Adam Hanhagas Chevra Kadisha 12 that one transgresses the positive command and possibly also the negative command; Kitzur SHU”A 198:3; M”B 72:6; Poskim in Sdei Chemed ibid; Shevet Halevi 4:154; See Yad Avraham 357; Pnei Baruch 4:5 footnote 14; Nitei Gavriel 129:2

The reason: As the verse uses the term “Talin” which means to sleep, and hence we see that any delay into the nighttime is considered a Biblical prohibition. [Implication of Ginas Veradim ibid] Alternatively, the reason is because the positive command requires one to bury the dead that day, before sunset. However, in truth, the negative command is not transgressed if he is buried later at night, before daybreak. [Admur ibid in parentheses]

Other opinions: Some Poskim rule the Biblical transgression does not apply until one delays the burial throughout the entire night, until daybreak. [Radbaz Chadashos 311, brought in Pischeiy Teshuvah 357:1; Yad Avraham 357 that so is main opinion; Poskim in Nitei Gavriel 129:2]

[13] Radbaz ibid and so applies even according to Ginas Veradim ibid; Minchas Chinuch 537 that Lo Salin applies even if one died in middle of the night and one delays until morning.

The custom to not bury at night and delay until morning: In previous times it was common not to bury at night and to delay the burial until daytime, out of respect for the dead, to increase the attendance for the funeral. See Q&A for the full details of this matter!

[14] Shagas Aryeh Chadashos 6; Yad Eliyahu 16; Nitei Gavriel 129 footnote 1

[15] Transgresses if delays entire night until daybreak [but not past sunset]: Radbaz Chadashos 311, brought in Pischeiy Teshuvah 357:1; Chavos Yair 139; Yad Avraham 357 that so is main opinion. This applies even if one died in middle of the night and one delays until morning. [Minchas Chinuch 537; Radbaz ibid and so applies even according to Ginas Veradim ibid]

Transgresses if died by day and delays past sunset: Admur 72:2 in parentheses that one transgresses the positive command of Kavor Tikbirenu; Sefer Hachinuch and Minchas Chinuch 537 writes like Admur ibid that one transgresses positive command; Ginas Veradim 1:8-2, brought in Birkeiy Yosef and Gilyon Maharsha 357; Sefer Hachaim Hilchos Yom Tov; Chochmas Adam Hanhagas Chevra Kadisha 12 that one transgresses the positive command and possibly also the negative command; Poskim in Sdei Chemed ibid; Kitzur SHU”A 198:3; M”B 72:6; See Yad Avraham 357; Pnei Baruch 4:5 footnote 14; See other opinions brought above!

[16] Radbaz Chadashos 311, brought in Pischeiy Teshuvah 357:1; Yireim 252; Poskim in Nitei Gavriel 129:2 footnote 4

The reason: As the verse uses the term “Talin” which means to sleep, and hence we see that only a delay of nighttime is considered a Biblical prohibition.

[17] Chasam Sofer 338; Yaavetz; Pischeiy Teshuvah 357:1

Other opinions: A certain scholar in the 1770’s claimed that the burial of the dead is to be delayed until corrosion of the body begins, as the doctors have now stated that they cannot determine the exact time of death, and that until corrosion begins, perhaps the person is still alive. A proof for this was brought from the Mishneh in Nida which states that a body still gives off Tumas Zava and Nidda until corrosion. Likewise, Miseches Semachos mentions the custom of visiting [and nocking] on the Kever of a person within three days from burial as perhaps he is alive, and so in truth occurred one time that the body was alive, exhumed and lived for another 25 years, having children. [Brought in Chasam Sofer and Pischeiy Teshuvah ibid] Practically, the Poskim ibid completely negate this opinion and rule that according to Torah death is defined as not breathing, and no further proof is needed. 

[18] Michaber 357:1; Mishneh Sanhedrin 46a

[19] See Gilyon Maharsha 357 that one may not delay the burial until after Yom Tov for this purpose

[20] Michaber ibid; Tur 357; Braisa in Miseches Semachos; Ramban; Rosh; Taz 357:1 in name of Rashal; Shach in Nekudos Hakesef [who asks on Taz as to why he quotes this in the name of the Rashal after it being explicitly written in the Michaber]; Chochmas Adam 155:29; Kitzur SHU”A 198:3; Shevet Halevi 4:154; 6:176; Nitei Gavriel 129:6

[21] Michaber 357:1; Braisa Moed Katan 22a; Ramban; Rosh

[22] Shach 357:1

[23] The reason: As it is not common by non-parents to lengthen the eulogy and wailing, and hence it more honorable to hurry the funeral and burial, than for the body remain without being eulogized and having its burial delayed. [Shach ibid]

[24] Shach ibid

[25] The reason: As a child has an obligation to eulogize his parent, and hence if he hurries it, it is not praiseworthy. [Shach ibid]

[26] Beis Hillel 357

[27] See Shita Mekubetzes and Yam Shel Shlomo on Bava Kama 82b; Meshech Chochma Ki Seitzei; Gesher Hachaim 7:3; Pnei Baruch 4:7; Nitei Gavriel 129:8

[28] Gesher Hachaim ibid

[29] Taz 341:3 “Daytime is the time of burial..it is not common to bury at night”; M”A 548:8; Beis Hillel 358 “Now, the custom is that if he passed away close to nighttime that the burial is delayed until the next morning, after Shacharis. This is done in honor of the deceased, so everyone escorts him, and one may delay the burial for such reasons.”; Ashel Avraham Butchach O.C. 342 that so is the custom of majority of Diaspora Jewry; Avodas Hagershuni 77

The reason: As at night there is not enough people to join the Levayah and properly deal with the deceased, and hence delaying the burial until morning is permitted under the allowance of Kavod Hameis.

[30] See Nitei Gavriel 75:24

[31] Gesher Hachaim 7:3; Pnei Baruch 4:9

[32] Divrei Malkiel 2:95, based on Zohar Emor; Nitei Gavriel 129:6

[33] Nitei Gavriel ibid

[34] Chochmas Adam in Matzeivas Moshe 12; Beis Lechem Yehuda 348

[35] Igros Moshe Y.D .3:139; Nitei Gavriel 129:12

[36] Chavos Yair 139, brought in Pischeiy Teshuvah 357:1 [see there however for his questions on this ruling]; See Pnei Baruch 4:5 footnote 16; Nitei Gavriel 129 footnote 19

[37] Pischeiy Teshuvah 357:1 in understanding of Chavos Yair ibid that nonetheless 1/5^th must be spent

[38] Radbaz 1:107, brought in Pischeiy Teshuvah 357:2; Gilyon Maharsha 357; Nitei Gavriel 129:6

[39] See Shaar Hagilgulim Hakdama 23; Toras Menachem 19:31 [brought in Shulchan Menachem 5:324]

[40] Sdei Chemed Aveilus 87

[41] Pischeiy Teshuvah 357:3

[42] See Pnei Baruch 4:7; Nitei Gavriel 129:6 footnote 11

[43] Ikarei Hadaat O.C. 11:13, brought in Sdei Chemed Aveilus 87

[44] Zechor Leavraham 3 Tzadik in name of Yosef Ometz 89; Shvus Yaakov 1:168

[45] Parshas Emor p. 88b

[46] Chikrei Minhagim 4:118