Parsha Halacha
The children of Yaakov did as they were instructed and buried him in the Mearas Hamachpeila
1. Burying in Eretz Yisrael:[1]
It is a great Mitzvah and merit to be buried in Eretz Yisrael.[2] It is even permitted to unbury the remains of a person in the Diaspora for the sake of reburying him in Eretz Yisrael[3], and certainly one may initially bring the deceased from the Diaspora into Eretz Yisrael for burial.[4] This applies even if they did not request to be buried there.[5] [The allowance to unbury the body for the sake of reintering in Eretz Yisrael applies even if a Tnaiy was not made. Nonetheless, the widespread custom is to initially make a Tnaiy even when one intends to rebury the deceased in Eretz Yisrael.[6] In all cases, a Rav is to be contacted prior to making any decision.[7]] This is because the earth of Eretz Yisrael atones for the person, as the verse states “Vichiper Admaso Amo.”[8] One who is buried in Eretz Yisrael is considered as if he was buried under the altar.[9] Other merits received for being buried in Eretz Yisrael include: 1) Resurrection without needing to be rolled in tunnels towards Eretz Yisrael. 2) Being saved from Chibut Hakever.[10] 3) Being saved from infestation. 4) The soul goes straight up to heaven, as Chazal state[11] that all the souls are elevated through Yerushalayim.[12] 5) The soul is able to return to its grave on every Shabbos and Rosh Chodesh without difficulty.[13]
Taking deceased out of Israel:[14] A person who passed away in Eretz Yisrael, or whose body was brought to Eretz Yisrael, may not be buried in the Diaspora.[15]
May Kohanim visit Mearas Hamachpeila or Kever Rachel?[16]
Many Poskim[17] rule it is forbidden for Kohanim to visit the gravesite of Tzaddikim.[18] Nevertheless, many Kohanim are lenient in this, especially with regards to visiting their Rebbe’s Kever.[19] Practically a Kohen may not to be lenient[20] and so is the vintage Chabad custom[21], and the practical directive given by the Rebbe.[22] Kohanim who desire to merit the advantage of praying by the gravesite of a Tzaddik are to stand a distance from the cemetery or grave, in view of the grave, and pour their hearts to Hashem from there.[23]
Mearas Hamachpeila:[24] It is permitted for Kohanim to visit the burial site of the forefathers in Chevron known as the Mearas Hamachpeila, and so is the practical custom. However, there are Poskim[25] who are stringent.
Kever Rachel: Kohanim are not to enter into Kever Rachel.[26] However, some are lenient as stated above.[27]
Yosef commanded his servants, the doctors, to embalm his father, and they did so.
3. Mummification/preservation:[28]
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[29] 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.[30]
[1] See Gesher Hachaim 27:8
Laws relating to transporting the body: See Nitei Gavriel 131:4-5
[2] See Michaber 363:1-2
[3] Michaber 363:1; Nitei Gavriel Vol. 2 94:19
[4] Michaber 363:2; Rebbe Lezer in Yerushalmi Kilayim 8:4; Rebbe Eliezer in Midrash Raba Vayechi; Rav Huna was brought to Eretz Yisrael as stated in Moed Katan 25a; See Gesher Hachaim 27:8
Other opinions: Some are of the opinion that one should not bring a body from the Diaspora to be buried in Eretz Yisrael, and one who does so defiles the land with impurity. [Rebbe Bar Kiria in Yerushalmi Kilayim 9:3; Rebbe in Midrash Raba ibid; Zohar Teruma 141; See Gesher Hachaim ibid]
[5] Teshuvah Ral Ben Chaviv 63; Pischeiy Teshuvah 363:2
[6] So I received from various members of Chevra Kadisha; See Igros Kodesh 17:333, printed in Shulchan Menachem 5:259, for a case where a Tnaiy was made to rebury in Eretz Yisrael
[7] See all three letters of Rebbe ibid
[8] Shach 363:3
[9] Kesubos 111a
[10] Gesher Hachaim ibid; See however Meiam Loeiz ibid that this only applies to one who is buried on Erev Shabbos after midday in Eretz Yisrael
[11] Midrash Raba Vayikra
[12] Gesher Hachaim ibid; see also Meiam Loez Vayechi p. 794
[13] See Meiam Loez ibid
[14] Gesher Hachaim 2:11; Nitei Gavriel Vol. 2 94:20
[15] See Kesubos 110b
[16] For a thorough analysis on this subject see: Nitei Gavriel Aveilus 2:91; Shulchan Menachem 5:330; Ishkavta Derebbe p. 103; Kovetz Beis Aron Veyisrael 76 p. 116 and the sources mentioned there.
Background:
The Ramban [Emor] states that “those which pass away through Neshika do not give off impurity, as only those that die due to the bite of the Nachash have impurity. This then is the meaning that Tzaddikim don’t give impurity.” This is likewise brought in the Zohar [Vayishlach 168]; Chinuch Mitzvas 263; Panim Yafos Chukas; A similar statement is brought in Midrash Mishleiy 9:2 that Eliyahu Hanavi [who is a Kohen] buried Rebbe Akiva. When asked by Rebbe Yehoshua on what basis did he allow himself to deal with the corpse Eliyahu replied “By my life Rebbe Yehoshua my son, G-d forbid, Tzaddikim do not have impurity and neither do their students.” However, the Tosfos [Bava Metzia 114b] explains that in truth the real allowance was because Rebbe Akiva was considered a Meis Mitzvah. Alternatively, says Tosfos, Eliyahu was not a Kohen at all, but rather from the children of Rachel.
[17] Halachos Ketanos 1:177; Pischeiy Teshuvah 372:2; Alef Hamagen 581:111; Peas Hashulchan 2:18; Kitzur SHU”A 202:14; Tuv Taam Vadaas 2:231; Netza Shorek 108; Sheiris Yehuda [brother of Baal Hatanya] Miluim 35; Igros Kodesh 11:220; 6:348; Likkutei Sichos 18:234 [brought in Shaareiy Halacha Uminhag 3:150; Shulchan Menachem 5:330] Shaareiy Tzedek by Chayeh Adam; Divrei Yechezkel 1; Zayis Ranan 2:27; Rav Shmuel Salant [is Biblical prohibition], brought in Tzitz Eliezer 10:1; Ishkavta Derebbe p. 103; See Sdei Chemed Asifas Dinim Eretz Yisrael; Aveilus; Rosh Hashanah that majority of Achronim which he brings are stringent.
The reason: As the burial site of Tzaddikim give off impurity. [Tosfos Bava Metzia 114b]
[18] To touch the grave is a Biblical prohibition. [Rambam Tumas Meis 2:15; Sheiris Yehuda ibid] To be within four Amos of the grave is a Rabbinical prohibition. [Michaber 371:5; Sotah 44a] To be within the same building as the grave [Ohel] is a Biblical prohibition. [Rambam Tumas Meis 2:15; Michaber 371:1] See there however regarding if the Kever is surrounded by a Golel and Dofek.
[19] Brought in Sdei Chemed ibid; Shaareiy Halacha Uminhag ibid; The following Poskim justify the practice of those Kohanim that visit the gravesite of a Tzaddik: Minchas Elazar 3:64 based on Arizal; Mahrash Alfandri 1:23; Pnei David of Chida; Igara Dekala Behaloscha [brought in Nitei Gavriel ibid] that so is the custom of Kohanim in Eretz Yisrael; Sheiris Yehuda ibid mentions that the custom in Eretz Yisrael is to visit the gravesite of the Tanaaim, however he explains the reason is because it was built with Poseiach Tefach and hence the Tuma does not spread.
The reason: The burial grounds of Tzaddikim do not give off Tuma. [Ramban Emor; Zohar Vayishlach 168; Chinuch Mitzvas 263; Panim Yafos Chukas; Midrash Mishleiy 9:2] Alternatively, we assume the Aron is built in a way that the Tuma escapes [Poseiach Tefach] and there are Poskim that say the impurity today is only Rabbinical and hence for the great Mitzvah of Hishtatchus we are lenient. [Minchas Elazar ibid]
Opinion of Arizal: There is a story recorded of the Arizal sending a student which was a Kohen to Daven by the gravesite of one of the Tanaaim. The Minchas Elazar ibid uses this as a proof that it is allowed to do so. See Nitei Gavriel ibid for a list of Poskim who argue on this assertion.
[20] Alef Hamagen ibid; Nitei Gavriel 91:1 that the Poskim conclude it is forbidden.
[21] Teshuvah of the Maharil [printed in Hatamim 6:38; Shut Sheiris Yehuda Hosafos 35] writes that it is a Biblical prohibition even if the person buried is a Tzaddik Gamur, and only regarding the Rabbinical prohibition of being near [within 4 Amos] of the grave can one be lenient due to the great Mitzvah of going to Kivrei Tzaddikim. However even regarding this matter he concludes that one is to fix whatever is able to be fixed and hence he directed that in Haditch a Mechitza is to be established to allow Kohanim to come to the Ohel even Rabbinically. In Lubavitch the Ohel had signs stating “until here may Kohanim walk”. [Rebbe ibid; Ishkavta Derebbe ibid]
[22] Letters printed in Shulchan Menachem ibid and Shaareiy Halacha Uminhag ibid based on Teshuvah of the Maharil and so directed the Rebbe that a Mechitza be built surrounding the Ohel of his father in law. [Ishkavta Derebbe ibid] See also Likkutei Sichos 18:234 footnote 55; Hisvadyos 1951:172; Sichas Yud Shvat 1954
[23] Alef Hamagen 581:11; Certainly, their prayers will be answered in merit of the Tzaddik just as if they were standing near the grave itself. [ibid]; See Makor Chesed 450:2 on Sefer Chassidim 450 that there is Talmudic basis for this custom of a Kohen visiting the grave from a distance, as the Gemara in Bava Basra 58b states that Abayey came to the Kever of Tuvi Bar Masan, and Abayey was a Kohen, as he was from the family of Eily, as stated in Yevamos 105b; Likewise, in Brachos 18b it states that Shmuel went to the courtyard of the grave, and Shmuel was a Kohen as understood from Megillah 22a
[24] This is based on a known tradition handed down from many generations. The reason for the allowance is because the Avos are buried inside a cave within a cave in a way that does not give off impurity. [Heard from Rav Asher Lemel Cohen and that so was the custom of his father [a great Gaon and Posek in Jerusalem] Rav Avraham Hirsh; See Yoreh Deah 371:1; Rambam Tumas Meis 20:1] See Igros Kodesh 11:220 that although in general a Kohen may not enter near the grave of Tzaddikim, regarding entering specific gravesites of Tzaddikim one is to verify by trustworthy people that have a tradition in this matter. Rav Yaakov Bloy z”l of the Eida Hachareidis stated that many are lenient regarding these areas. [Kovetz Beis Aaron Veyisrael 76 p. 116]
[25] Minchas Elazar 3:64 based on Baba Basra 58a [There it states that the Kevarim of the Avos were marked to beware Kohanim from the area]
The reason: As the head of Esav, which was Jewish Heretic, was buried there, and he certainly gives off impurity. However the Tzaddikim themselves don’t give off impurity. [ibid] The Admur of Satmar was stringent like this opinion. [Koveitz Beis Aaron Veyisrael ibid]
[26] Heard directly from Rav Asher Lemel Cohen and that so was the custom of his father [a great Gaon and Posek in Jerusalem] Rav Avraham Hirsh Cohen [unlike that which was printed in his name in Beis Aaron Veyisrael ibid]; Nitei Gavriel 91:2 that so is the ruling of most Gedolei Yisrael [Admurim of Belz; Satmar; Lubavitch; Rav Moshe Feinstein; Minchas Yitzchak; Rav SZ”A.] Zayis Ranan 2:27; Rav Shmuel Salant [is Biblical prohibition], brought in Tzitz Eliezer 10:1; Nisivei Am [Minhagei Yerushalayim Beis Keil] 372; Yalkut Yosef 7:281 in name of Yabia Omer and Yechaveh Daas
[27] See Tzitz Eliezer 16:18 [Many Gedolim allowed Kohanim to visit Kever Rachel]; See Nitei Gavriel Aveilus 2:91-2 footnote 3 for opinions that allowed going to Kever Rachel; Rav Yaakov Bloy z”l of the Eida Hachareidis stated that many are lenient regarding these areas. [See Kovetz Beis Aaron Veyisrael 76 p. 116]
[28] 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
[29] See Chasam Sofer Y.D. 336; Radbaz 2:484
[30] Gesher Hachaim ibid