7. How to bury:

*For the details of the burial ceremony, see Chapter 8 Halacha 4-6

 

A. Burying within the ground and using a casket:[1]

The body must be buried within the earth [or within rock of the earth[2]]. [Regarding the depth within the earth, there are different customs ranging from 10 Tefachim to 2 meters. The width of the grave depends on the size of the body.[3]]

Burying in a casket:[4] One who places the body in a casket and does not bury it in the ground, transgresses the prohibition of “Lo Salin.” If, however, the body was placed in a casket and then buried in the earth while inside the casket, then one does not transgress. Nonetheless, it is proper to bury him within the actual ground even in the Diaspora. [This does not mean that a casket should not be used at all, but rather that it should not be closed from all sides, and is to allow earth to enter into it.[5] It is to be open from the bottom, hence allowing the body to lie on the actual earth.[6] Accordingly, the custom is to make the casket in a way that the bottom board can be removed prior to being placed in the ground.[7] If this is not possible, then at the very least the bottom board is to be made with holes.[8] Nonetheless, some are initially accustomed to bury male Kohanim [and firstborns[9]] in completely closed caskets, and those who do so have upon whom to rely if they are accustomed to enter earth into the casket, or it is not hermetically sealed shut and contains holes.[10] Others, however, bury even Kohanim without a bottom board.[11] One who is carrying a deadly illness which is contagious, is to be buried in a completely closed casket.[12] If the local law requires burial within a closed vault, then one should shovel earth into the vault before placing the casket into it. Also, the lid of the casket (and vault) should be kept slightly ajar with a pebble or twig.]

Burying without a casket:[13] Those who bury without a casket, are not to throw the earth directly onto the body, and are to first place a wooden board over it, and only then begin the burial.[14] See Chapter 8 Halacha 6F for how this is done in Eretz Yisrael.

The prohibition to benefit from a casket: See Halacha 1C!

Must one bury a corpse 6 feet under? Where does the concept come from? No, one is not required according to Jewish law to bury 6 feet underground. In fact, there is no source for any minimum depth in Halacha, although there are different customs ranging from 10 Tefachim [80 cm] to 1.7 meters [slightly less than 6 feet, Six feet is about 1.83 meters, which equals 183 centimeters]. Interestingly, I have not found any source which mentions a depth of 6 feet and the closest is the custom of the Kabbalists for it to be 1.7 m [5.58 feet]. To also note that the feet measurement system did not exist in Jewish literature which follows Amos, so the notion that it would say somewhere to bury 6 feet into the ground is preposterous. At most, it would state and Ama or meter measurement that may add up to that amount. So here then does it come from? “Six feet under” comes from the traditional depth at which many graves were dug across various cultures and religions, including Christian tradition to ensure bodies were well-covered and to prevent animals from uncovering them and help contain disease. The phrase became a metaphor for death or burial over time. However, it is not a Halachic requirement. See Gesher Hachaim 16:4 who suggests the following depths 1) 1.25 m and more as the standard practice; 2) Ten Tefachim [80 cm] and more in order so it be considered its own domain; 3) Jerusalem custom for it to be between 1.3 – 1.4 meters. 4) Kabbalists who instructed it to be 1.7 m.; Darkei Chesed 17:12; See Arizal in Shaar Hagilgulim Hakdama 23 that the grave must be dug deep, in order for there to be room for the shaking process of Chibut Hakever to transpire.   The Aron/casket:[15] The custom amongst [Diaspora] Jewry is to bury the body within a casket, known as an Aron. The custom is to use a wooden casket.[16] The custom is not to have any metal in the casket. The attachment of the boards is hence done using wooden nails.[17] A simple casket is used and not one with decorations and beauty. Using the wood of the learning or eating table for casket:[18] Some Gedolei Yisrael are accustomed to have their casket made from the table which they learned Torah on or fulfilled the Mitzvah of Hachansas Orchim on, and so was the custom by the Rebbe Rayatz and Rebbe.[19] Custom in Eretz Yisrael:[20] In Eretz Yisrael, the custom is to bury without a casket. The body is placed directly into the ground. See Chapter 8 Halacha 6F for the exact way the body is buried in Eretz Yisrael. Covering the Aron:[21] The custom is to cover the Aron with a black sheet while it is carried during the funeral. Flowers:[22] It is forbidden to place flowers on the casket, as doing so is considered Chukos Hagoyim.   Is gravel or stone valid for burial or must actual earth be used?[23] It is valid to bury within stone, or pebbles, and one is not required to bury within actual earth.   May one place a frame/vault into the grave and burry within the frame [i.e. lawn crypt burial]? Some Poskim[24] rule it is permitted to do so if the frame is made of material that is Kosher for burial. Thus, the material must be made of cement or concrete or other stone for this to be valid. Likewise, the frame/vault is to be inserted into the grave prior to the burial, in contrast to placing the coffin in it and lowering it into the grave together. [Typically, lawn crypt vaults are made of concrete.] May a body be buried within the wall of a cave?[25] Yes. It is permitted to bury a body within the wall of a cave, and doing so is considered a Halachically valid form of ground burial. This is done as follows: Stone is excavated from the wall of the cave, making just enough room for the body to enter. The body is then inserted into the cave shelf and is considered buried. In the times of the Sanhedrin it was customary to bury within caves in this form of burial. This burial form was known as Kuchin. These forms of cave burial dating to the Tananaic period can be seen today in various areas, especially the old cemetery of Tzefat and in the Jerusalem neighborhood of Sanhedria. May a body be buried in an over ground structure [i.e. Mausoleums; Kevurat “Komot”; Rama, Sanhedrin cave burials]?[26] Background: In today’s times, various Chevra Kadisha’s and municipalities in search of space have introduced alternative burial methods which differ from the accustomed ground burial within a field. These methods include building a platform of several stories, similar to a multi deck parking lot, and burying the dead in these platforms. This allows the ground space to be utilized as much as possible. This form of burial is known as Kevurat Rama. Others build a structure on the ground which includes several decks of shelves which house the bodies. This form of burial is known as mausoleums, or Kevurat Komot, or Sanhedrin. The question that rises regarding the above forms of burial is as to whether they are valid according to Halacha. The question is whether they fulfill the requirement for the body to buried within earth, and not simply be left in a casket. In truth, these new forms of burial do have a precedent. In the times of the Sanhedrin it was customary to bury within caves. Shelves were carved out within the cave and bodies were entered inside of these shelves. This burial form was known as Kuchin. These forms of cave burial dating to the Tananaic period can be seen today in various areas, especially the old cemetery of Tzefat and in the Jerusalem neighborhood of Sanhedria. Thus, seemingly, the newly introduced forms of burial have the precedent of Halacha to be relied upon. However, in truth, a careful analysis shows that despite the good will to compare the modern burials to the alternative burial method used by the Sanhedrin, there is a major difference between the original Komot burial of the Sanhedrin and that which is used today. The Sanhedrin burial was done in an underground cave, and hence fully fulfilled the requirement of being buried within the earth of the ground. The new burial structures, however, are built above ground and are then filled with earth, hence attempting to give it the status of underground. Can such a structure which is in truth over ground be considered underground and within the earth just because it is covered with earth? Practically, this matter is debated amongst the Poskim of today as will be explained next. The ruling:[27] Many Poskim[28] rule that above-ground structures used for burial in some cemeteries and Chevra Kadisha’s, is invalid, and it is considered as if the body was never buried.[29] Some Poskim[30], however, defend the use of this form of burial, claiming that it has Halachic basis. Practically, one is required to be stringent and do all in his power that his deceased relative receives a traditional ground burial and not a burial within a built structure. The position of the Israeli Rabbanut: The position of the Israeli Rabbanut for many years was to invalidate above-ground structure burials. Nonetheless, the current ruling of the Israeli Rabbanut, and its directive to the Chevra Kadisha’s, does permit certain forms of over ground burial, under various Halachic arguments that they deem acceptable. This has created a major obstacle for those who desire to follow the majority of Poskim who invalidate such a burial, as the national insurance [Bituach Leumi] does not provide free ground burials in overly urbanized cities [i.e. Tel Aviv, Jerusalem], and paying for a ground burial privately can cost thousands, and up to tens of thousands of dollars. Practically, one is to do all in his power that his deceased relative receives a ground burial and is not to suffice with a burial of Komot or Rama. One is to do so even if the cost of the ground burial is exorbitant. There are various cities and villages which sell ground burial plots and the full range of prices and locations are to be weighed.

B. Face up, on its back:[31]

The body is placed into the ground on its back, facing up, like a person who is sleeping.[32]

C. The direction:[33]

From the letter of the law, the body may be buried in any direction, whether north to south or east to west or vice versa, and there is no set direction that must be conformed to in a cemetery.[34] Nonetheless, there exist several customs regarding this matter: Some are accustomed to bury from north [i.e. the head] to south [i.e. the feet].[35] Others are accustomed to bury facing Jerusalem.[36] Others are accustomed to burying with the feet facing the opening of the cemetery.[37] Practically, initially one is to bury facing the opening of the cemetery, which faces Jerusalem, and if necessary, to make another opening in the cemetery for this purpose. However, if this is not possible, we follow the letter of the law and one may bury in any direction.

_________________________________________________________________________

[1] Michaber 362:1; Tur 362 in name of Ramban in Toras Hadam based on Rebbe Yochanon Sanhedrin 46b

[2] See Q&A!

[3] See Gesher Hachaim 16:4; Darkei Chesed 17:12; See Arizal in Shaar Hagilgulim Hakdama 23 that the grave must be dug deep, in order for there to be room for the shaking process of Chibut Hakever to transpire.

[4] Michaber ibid; Ran Sanhedrin 46b; See Poskim in Nitei Gavriel 75:1 footnote 4; Darkei Chesed 17:2

[5] Shach 362:1

[6] See Shach 362:1 “It is good for the body is to be buried on the actual ground”; Aruch Hashulchan 362:2; Gesher Hachaim 16:1; Darkei Chesed 17:1

[7] Aruch Hashulchan 362:2 in name of Tur and Ramban; Arugas Habosem Y.D. 250; Mishneh Sachir Y.D. 2:230; Nitei Gavriel 75:1

[8] See Shach ibid; See Reshimos 5 [printed in Toras Menachem Tziyon p. 26] that the coffin of the mother of the Rebbe Rayatz was complete also on bottom, due to legal reasons, and they thus made a hole, the size of a Rimon on its bottom.

[9] See Poskim in next footnote; Not recorded in Shach ibid

[10] Shach 362:1; Perisha 362; Yosef Ometz p. 328 that so is custom of Polish Jewry; Arugas Habosem Y.D. 250; Mishna Sachir Y.D. 2:230; Nitei Gavriel 75:7

The reason: They are buried in whole caskets as a sign of dignity. [Shach ibid]

[11] Chochmas Adam 158:1; Aruch Hashulchan 362:3; Poskim in Nitei Gavriel 75:7 footnote 13

[12] Arugas Habosem Y.D. 251; Nitei Gavriel 75:12

[13] Shach 362:2; Levush 362; Darkei Chesed 17:2

[14] The reason: As it is considered a belittlement to the body to throw earth directly on it. [Shach ibid]

[15] Darkei Chesed 12:17; Nitei Gavriel 49:5-6

[16] See Michaber ibid; Rambam Avel 4:4 “One should bury in a wooden Aron”; Mishmeres Shalom Alef 72

[17] Mishneh Sachir 2 Y.D. 230; Darkei Chesed ibid; Nitei Gavriel ibid

[18] Rabbeinu Bechayeh on Parshas Teruma 25:23 and in Shulchan Shel Arba Shaar Rishon that so is custom of Sephardim and Chassidim in France; Shach Al Hatorah Teruma p. 91; Makor Chaim 630:1 [that his father’s Aron was made of the Sukkah walls]; Kav Hayashar 46; Kitzur SHU”A 199:1; Likkutei Sichos 4:1096; Nitei Gavriel 49:6; Custom by Rebbe, Rebbe Rayatz, Rebbe Rashab and Rebbe Maharash; See Ishkavta Derebbe p. 95 regarding the Rebbe Rashab; Sefer Hatoldos Rayatz 4:132 and Reshimos 5:4 regarding Rebbe Rayatz; Chikrei Minhagim 4:117 for a lengthy discussion on this subject and that so did the Rokeiach, Pachad Yitzchak, Chasam Sofer;

[19] The reason: This is done in order for the table to serve as a testimony of the persons Torah learning and good deeds. [Likkutei Sichos ibid]

[20] Gesher Hachaim 16:1; Nitei Gavriel 49:5

[21] Nitei Gavriel 49:13; By the funeral of the Rebbe Raytaz, the Kapata can be seen covering only part of the Aron.

[22] Minchas Elazar 4:61; Milameid Lehoil Y.D. 109; Yaskil Avdi 4:25; Minchas Yitzchak 1:31; Nitei Gavriel 49:8; See however Admur 526:6 [based on Michaber 526:4 and Rav Ashi in Shabbos 148b] regarding cutting a myrtle branch to place by the bed of the deceased in his honor. See also Yabia Omer Y.D. 3:22 that there is no real prohibition involved in doing so although it is best to be avoided; See also Michaber 350 for a number of actions that do not contain a prohibition of Darkei Emori

[23] See Taz 375:1 “Burying in a Kuch” which is a stone cave; Igros Moshe 3:142 “Cement is like earth, burying in cement is valid as ground is made of stones, one may likewise bury in a large stone that had a whole made inside of it.”; Perisha 362:8, brought in Shach 362:1, that the shards of earthenware placed on the body are similar to earth

[24] Igros Moshe ibid

[25] See Taz 375:1 “Burying in a Kuch” which is a stone cave

[26] See Kuntrus Komos of Rav Akselrud, Dayan in Haifa

[27] See Migdal Tzufim [Akselrod] 6:74

[28] Beis Yitzchak Y.D. 161 [unlike his previous Teshuvah 160]“Burying in a walled building does not fulfill the Mitzvah of burial”; Igros Moshe Y.D. 3:142-143 [unlike 3:144 where he permits] “It is a great prohibition to burry in over ground Kuchim called Mausoleums, as the burial must be within the actual ground and one who does so transgresses the Biblical command of burial…It is thus obvious that one is obligated to publicize this prohibition that no Jew may be buried in these buildings due to transgressing two grave prohibitions of a negative and positive command each and every day, in addition to the grave sin of causing pain to the souls of the dead”; Minchas Yitzchak 10:122 “There is no doubt that the burial must be within the ground, and not within material that was removed from the ground and then attached”; Divrei Yatziv Likkutim 133 p. 153; Rav Mashash and Rav Yisraeli in Chavas Binyamon 1:24 required that the Komot be fully covered with earth from all sides to be considered underground; Rav Elyashiv, printed in Piskeiy Tehsuvos Y.D. 64, ruled it is forbidden to change the traditional method of burial; Rav Wozner ruled that the Komot are seemingly contradictory to the simple Halachic requirement; Badatz Eida Hachariedis including the Raavad, Rav Moshe Shturnbuch; Rav Meir Bransdofer ruled it is not considered a burial and one who was buried in such a way is to be exhumed and reburied within the ground; Many Rabbanei America from previous generation, brought in Kuntrus Migdal Tzufim ibid

[29] The reason: As a) The burial must take place underground, within the natural earth, and building an over ground structure and covering it with earth does not suffice. Being that this burial is invalid, one who does so transgresses the positive and negative command to bury the body. [Igros Moshe ibid; Minchas Yitzchak ibid; See the Sugya of Tolshu Ulibasof Chibru and if this is considered part of the ground: Bava Basra 66b] b) Even if burying within a mound of earth over ground is valid, the grave must be surrounded by earth from all sides; c) Even if one were to hold that the burial ground is not required to be surrounded by earth on all sides, in some of the over ground burial structures, there is no earth at all, and it is a cement building. d) It delays the decomposition of the body, and thus delays the atonement of the soul. [Igros Moshe ibid] e) One should not change from the normal burial method used throughout all generations. [Rav Elyashiv ibid] f) Burying with a shelf of a wall is like the ways of the gentiles and transgresses Chukos Hagoyim. [Kol Bo-Greenwald]

[30] Implication of Michaber 364:1 “Kever Shel Binyan”; Implication of Rashi Sanhedrin 47b “It refers to a building used for graves which was built over ground”; Beis Yitzchak Y.D. 160-3 [unlike his next Teshuvah 161] that if one attached the earth to the ground, its valid; Igros Moshe 3:144 [unlike 3:142-143] based on Rashi Sanhedrin 47b “Since the building is made of stone and cement and is attached to the ground, seemingly it does not transgress the prohibition against delaying burial, although it is not considered a proper burial”; Rav Moshe Shaul Klein from the Beis Din of Rav Wozner ruled in 5764 in the name of Rav Wozner that the Komot burial is valid [Rav Wozner later retracted from his ruling in 5771]; Rav Yaakov Roza, head of the Chevra Kadisha

The reason: As they bury the body in actual earth or material which has the same Halachic status as earth, such as cement, and this earth is attached to the actual ground, and we rule that Talshu Ulibasof Chibru is viewed as attached.

[31] Michaber 362:2; Rambam Avel 4:5; Yerushalmi Kilayim 9:3; See Bava Basra 74a

Custom of Talmudic times: In Talmudic times, however, it was not uncommon for the bodies to be buried in a standing position. [See Mishneh Bava Basra 100b; 101a; Tosafus Bava Basra ibid; Toras Menachem 5749 3:140, printed in Shulchan Menachem 5:256]

[32] The reason: It is considered a belittlement for the deceased to be buried in any other position, such as standing or sitting. [Shach 362:2]

[33] Chasam Sofer 332, brought in Pischeiy Teshuvah 362:2; Aruch Hashulchan 362:4; Nitei Gavriel Vol. 2 93:3

[34] So is understood from the Gemara in Bava Basra 102 that in the Kuchin [caves] they would bury in all directions.

[35] Sefer Hachaim, brought in Chasam Sofer ibid

[36] See Reshimos 5 [printed in Toras Menachem Tziyon p. 26] that the Rebbe Rayatz instructed his mother to be buried with her head to the west and feet to the east.

[37] These customs are based on the belief in the resurrection and that as soon as the bodies come to life they will walk straight ahead to leave the cemetery.