Shulchan Aruch: Chapter 526 - The Laws [Governing the Burial] of a Corpse on a Festival

SECTION 526 The Laws [Governing the Burial] of a Corpse on a Festival (1-22)

1 [The following laws apply when] the body of a deceased person must be buried [on a festival]: On the first day of the festival, a Jew should not perform [any of the melachos involved] in [the burial.1 This prohibition] applies even if it is impossible to have non-Jews bury [the deceased on the festival] and [even if] the person died before the festival and thus, if [his corpse] is left [unburied] until the evening, it will [begin to] decompose.2 Nevertheless, the positive commandment of burial3 does not supersede the positive command [to rest on] a festival and the prohibition against performing melachah [on that day].4

2 It is, however, permitted to have [the deceased] buried by a non-Jew,5 even if he died that day, and thus it is possible to leave [his corpse unburied] without it decomposing at all. It is nevertheless forbidden to leave [the corpse] unburied until the evening³ so that Jews will [perform the burial]. Instead, [the corpse] should be buried immediately by non-Jews.6

3 With regard to what do the above [restrictions] apply? With regard to [activities that involve] melachah in a complete sense, as forbidden by Scriptural Law, for example, to prepare a grave, [construct a] coffin, or [sew] shrouds [for the deceased], or to cover [the corpse] with earth after it was placed in the grave, for one who seals a cavity with earth is liable for [performing the melachah of] building, as stated in sec. 312[:14].7 However, activities that are forbidden only according to Rabbinic Law, e.g., moving [the corpse] in order to clothe it [in shrouds], performing the purification rites upon it, or placing it in the grave, are permitted to be performed by a Jew. Similarly, a Jew is permitted to warm water so that the purification rite can be performed, and Jews are also permitted to take [the corpse] out [to the cemetery] even via the public domain.

[The rationale for this license is that] since [the melachos of] kindling a fire and transferring [an object from one domain to another] are permitted for the sake of food [preparation], they are permitted even when performed not for the sake of food [preparation], as long as there is some need associated with the [festive] day,8 for example, [in this case,] the burial of the deceased, which is a mitzvah that must be performed on this day.9

It is desirable to be careful to perform the purification rites [for the corpse] on a hide or on a board, and to use straw or hay in those rites, or to do so by hand. However, one should not use sheets lest that lead to squeezing [water from them].10

4 [A problem arises] if the body of a deceased person is located in a place where there is no [Jewish] cemetery, and it is necessary to take it to a distant place and thus, it would not be possible to reach that place on the day [of the festival], and the following day is Shabbos. [On Shabbos,] it is not [permitted] to carry the corpse at all, or even have a non-Jew do so, as stated in sec. 311[:6].11 [Thus, there is concern that the body of the deceased] will decompose before it would be possible to bury it after Shabbos.12

What should be done? [The corpse] should be interred [temporarily] on Friday, i.e., on the first day of the festival, by a non-Jew.13 After Shabbos, [the corpse] should be disinterred and transported to the cemetery. Alternatively, [the corpse] should be placed in a coffin on the first day of the festival and covered with mortar and tar by a non-Jew so that it will not produce an unpleasant odor until after Shabbos, [at which time] it should be transported to the cemetery.

5 Whenever a [type of] melachah is forbidden to be performed for the sake of a corpse on a festival, it is forbidden to instruct a Karaite14 to perform it, because of [the prohibition,]15 “Do not place a stumbling block in front of the blind.”

6 All the [restrictions listed] above apply on the first day of the festival [when its observance] is [mandated by] Scriptural Law. However, since the second day of a festival – even the second day of Rosh Hashanah16 – is merely a Rabbinic ordinance, it is considered as a weekday with regard to the burial of a corpse.17 Therefore, even if [a person] dies on that day [at a time] that would allow for the possibility of leaving his body until the evening without it decomposing, it is not left [unburied] in all instances. Instead, any tasks necessary for its [burial] should be performed by a Jew even when they are not necessary for the fundamental burial and are performed solely to enhance the honor of [the deceased], e.g., to cut off a myrtle branch for [the deceased] that is [still] attached [to a bush. This law applied] in the [Talmudic era,18] when it was common to place a myrtle branch on the coffin [to enhance] the honor of the deceased.

Needless to say, a grave may be dug, a coffin and shrouds may be fashioned,¹⁸ and the hair [of the deceased] may be cut. If there is no place for Jewish burial in the city [of the deceased, his body] should be taken to another city where there is such a burial place even if it is outside [his own city’s] festival limits,19 if it is possible to arrive there and bury [the deceased] on the day [of the festival].20 A boat can be rented to transport [the corpse] from one place to another.21

Even if it is possible to bury [the deceased] in his place, nevertheless, since there is no place for Jewish burial in that locale, it is not respectful for him to be buried there.22

7 Even if it is possible to have all [the above-mentioned] tasks performed by a non-Jew, they should be performed by a Jew. [The rationale is that] the Sages designated that the second day of the festival should be considered as a weekday with regard to the burial of a deceased person.23

Nevertheless, [the second festive day celebrated in the Diaspora] is not considered as a weekday in the complete sense, but as Chol HaMoed, the intermediate days of a festival. [Accordingly,] it is forbidden to perform any [activity that would be forbidden on Chol Ha­Moed] in public if it is not obvious that it is being performed for the sake of a deceased person.24 There is concern about the impression that would be created, i.e., [people] might say [the person] is performing [these tasks] for his own sake, e.g., to carve out stones to build a grave or to cut down cedar trees, to make a coffin,25 as will be explained in sec. 547.26

However, it is permitted to make boards from cedar trees that were cut down before the festival, for it is obvious that one is making them for the sake of building a coffin for the deceased. [The rationale is that] it can be assumed that all [the Jewish] inhabitants of the city are aware that a [Jew] died in that city, [because] in places where there is a minimal Jewish population, when [one Jew] passes away, it is known to all [the Jewish] inhabitants of the city.

Even in a city where many Jews live, if the deceased is a well-known person²⁴ and it can be assumed that everyone knows of his passing and thus, there is no need to be concerned about the impression that might be created [from the performance of a task] that is obviously being performed for the sake of the deceased person, for example, to cut boards if there are no small boards that are prepared, to cut a myrtle branch, to sew shrouds if there are no prepared shrouds. If there are prepared shrouds, but they are soiled and must be laundered, [it is permitted to launder them]. Similarly, one may fashion a coffin for [the deceased]. All of these activities and the like are permitted to be performed even in the marketplace where they will be [visible to] the public. [Leniency is granted] since it is public knowledge that there is a deceased [Jew] in the city.²⁴

Nevertheless, one should not go outside [the city’s] festival limits for the sake of [obtaining] anything necessary for the deceased. [This restriction applies] even [to going] to bring shrouds for [the deceased] or boards for [his] coffin. [The rationale is that] even if the deceased is a well-known person, nevertheless, it is not evident that [the person] going [on this journey] is going beyond [the city’s] festival limits for the sake of the deceased. [Therefore,] there are grounds for concern that [people] will say that he is going outside [the city’s] festival limits for his own purposes.

8 A domed monument that is built over a grave should not be built on a festival by a Jew, even on the second day of a festival [celebrated] in the Diaspora. [The rationale is that] since the deceased was already buried, why should the festival be desecrated for no purpose at all?27 Instead, the grave should be covered with boards and earth. It is permitted to collect earth above the grave until a mound is formed, because this is the conclusion of the burial.

9 All [the above applies] according to the letter of the law. However, in these lands,28 it has become customary to be stringent, and for a Jew not to perform any activity that constitutes a melachah forbidden by Scriptural Law in a complete sense, e.g., to dig a grave for [the deceased], to cover [the corpse] with earth after it was buried, and to fashion a coffin and shrouds. Even on the second day of a festival [celebrated] in the Diaspora whenever possible a non-Jew should be found to perform [such activities].

However, the warming of water, the purification rites, taking [the corpse to the cemetery] and placing [the corpse] in the grave, should be performed by a Jew, as stated above29 with regard to the first day of the festival. [Also,] there is no need to take care to perform the purification rites with straw and hay as is done on the first day of a festival.¹⁰ Instead, one may perform [those rites] with sheets as is the custom during the week. [The rationale is that the prohibition] is merely [a safeguard, instituted as] a decree lest one squeeze [water from the sheets]. On the second day of a festival, which is a Rabbinic ordinance, we are not concerned about this. However, care should be taken not to [accidentally] squeeze out [water when performing the purification rites].

[Nevertheless,] if it is impossible to find non-Jews to perform [the necessary activities] or it would be necessary to wait several hours until non-Jews would be found, and in the interim, the deceased would be disgraced because [his corpse] would [begin to have] an unpleasant smell, all [these activities] – even when they constitute melachah in a complete sense – may be performed by a Jew, as is permitted according to the fundamentals of the law.

10 All [the above applies] when it is desired [and possible] to bury [the deceased] on the day [he passed away, which is the second day of the festival]. Since the mitzvah30 concludes that day, the Sages regarded [that day] as a weekday with regard to this mitzvah. However, if [the deceased] will not be buried until the evening,31 it is forbidden to violate the sanctity of the second day of the festival even [to perform a task] prohibited only by Rabbinic Law for the sake of a mitzvah to be performed on a weekday. Therefore, [the body of the deceased] may not even be taken out to a karmelis on the second day of the festival, even by a non-Jew. Similarly, water may not even be warmed by a non-Jew in order to perform the purification rites.

True, [the melachos of] transferring [from one domain to another] and kindling a fire were permitted [to be performed on a festival] even when they were not performed for the sake of [preparing] food.32 Nevertheless, [these melachos] were permitted only when their performance involves some need [concerning the festival. In this instance,] since [the deceased] will not be buried that day, [performing these tasks] does not involve any need [of the festival]. However, it is permitted to move [the body of the deceased within one domain,] even though it will not be buried that day because no melachah is being performed; it is only [that the body is being] moved.33

There is an authority who rules stringently and forbids moving [the body] as well since it will not be buried that day. It is desirable to give weight to his words regarding a matter that does not involve any [financial] loss at all, [i.e.,] there is no need to move [the body. Different rules apply, however,] if there is a need to move [the body], e.g., for the sake of allowing kohanim to enter the house34 or if another need [arises. In such a situation, the body of the deceased] should be moved [by placing] a loaf of bread or an infant [upon it and then, moving the body for the sake of the loaf or the infant]. True, it is not permitted [to place] a loaf of bread or an infant [upon a corpse] to enable it to be permitted to move the corpse on Shabbos for the sake of the living. [These means may be employed only when the corpse is being moved] for the sake of the deceased, e.g., [the corpse] is lying in the sun,35 as stated in sec. 311[:8]. Nevertheless, since there is a need to move [the body of the deceased], the first [and more lenient] opinion may be relied upon because fundamentally, the halachah follows this opinion.

11 All [the tasks] that are permitted to be performed for the sake of a deceased person on a festival by a Jew may be performed by any person, even one who is not a member of the [burial] society designated [to perform these tasks. These tasks] may be performed by many people. Even though it is possible to perform them by a lesser number of people, we are not careful in this regard, since the second day of a festival is considered like a weekday with regard to the burial of the corpse.

12 Consult sec. 71[:3] with regard to the laws governing the recitation of the Shema and the Shemoneh Esreh if a close relative dies on the first36 or second day37 of a festival. With regard to the other laws of acute mourning (aninus), see sec. 548 and Yoreh Deah, sec. 341.38

13 When the deceased is being buried on the second day of the festival and it is necessary to buy cloth for shrouds, it is forbidden to mention the measure of [material] to be purchased [and one may not mention] a specific sum of money (see sec. 306[:6] and sec. 323[:1]).39 Needless to say, is forbidden to give [the seller] money on the festival40 unless it is impossible to purchase [the cloth] in any other way, e.g., the seller is a transgressor and will not sell [the cloth] in any other way, or it is only possible to purchase [the cloth] from a non-Jew.41

14 Similarly, if it is impossible to find someone to dig the grave unless a wage will be set for him, it is permitted to do so. However, the gravedigger is called a transgressor for he refrains from performing a mitzvah unless a wage is set for him on the festival.

If, however, a wage is not fixed for him on the festival, there is an authority who permits him to receive payment for his work after the festival. Although it is forbidden to take payment [for work performed] on Shabbos or on a festival when a mitzvah is not involved,42 there is an authority who permits [doing so] when a mitzvah is involved, as stated in sec. 306[:11]. Therefore, a person who takes advantage of this leniency should not be admonished, as stated in that source.43

15 It is permitted to accompany a deceased person’s [body on a festival]. On the first day of the festival, [one may proceed to the end of the city’s] festive limits. On the second day of the festival, [one may proceed] even beyond those limits. [The rationale is that] since this is an expression of respect for the deceased, the second festive day is considered a weekday in this regard.44 Even if people accompanied [the deceased] for several millin,45they are permitted to return to their place [on the festival]. Even though returning [to their place] is not an expression of respect for the deceased,46 nevertheless, if they would not be permitted to return to their place, they would not accompany the [deceased] that far.47 This would reduce the honor paid [to the deceased].

For this same reason,48 the gravediggers are permitted to bring home all the tools they brought outside [the city’s] festive limits with them.

16 Those who accompany the deceased are prohibited to ride on an animal or travel on a boat even within [the city’s] festive limits. [This restriction applies] even on the second day of the festival [celebrated] in the Diaspora. Although these activities are forbidden only by virtue of Rabbinic decree,49 they nevertheless are more demeaning to the festival than walking beyond the festive limits by foot. [The Sages] did not permit the honor of a festival to be demeaned in order to increase and amplify the honor of a deceased person. [After all, the practice of] accompanying [the funeral procession of a deceased person] is not an indispensable need of the deceased, and [was instituted] only to increase his honor.

By contrast, [different rules apply regarding] those individuals who are required to be involved in whatever is fundamentally necessary for the burial [of the deceased]. If going [to the cemetery] on foot causes them discomfort or excessive difficulty, on the second day of the festival, they are permitted to go by boat or to ride on an animal. [The rationale is that] this day is considered like a weekday with regard to the burial of a deceased person. Nevertheless, [these people] should not ride [on an animal] in the middle of a city or a village where non-Jews live, so that [the non-Jews] will not say that they are desecrating the festival.

17 If the inhabitants of a city are notified on the second day of the festival that the body of a deceased Jewish person is lying in an open field in a degrading manner a distance of four or five days’ journey away, the inhabitants of the city are permitted to depart on the journey on the day [of the festival] so that they can bury [the body as] quickly [as possible]. Although [by and large, the prohibition against performing melachah on] a festival may not be violated except to bury a deceased person on the day of his death,50 nevertheless, [an exception is made in this instance]. Since [the deceased’s body] is lying in an open field, there is concern that it will be eaten by dogs before the inhabitants of the city arrive and thus will never be buried at all.51

However, if the deceased’s body is lying in a protected building and thus, [it] will certainly be [possible to] bury it after the festival, it is forbidden to go beyond [the city’s] festive limits on the festival to [be able] to bury [his corpse] more quickly after the festival.

18 [The following laws apply when] a person dies in a city that has a Jewish burial area, [however,] before his death he directed that [his corpse] be taken to another city so that he could be buried in his family plot. True, it is a mitzvah to carry out the wishes of the deceased.52 In particular, [this applies] with regard to a matter that is an expression of respect for him – that he be buried near his ancestors. Nevertheless, it is not respectful for him that a festival be desecrated for his sake unnecessarily.

[Bringing the deceased to his ancestral plot is considered unnecessary,] for if he would not have given such a directive it would have been forbidden to bring him from this city that has a Jewish burial area to another city. Thus, his directive would be causing the festival to be desecrated for his sake. This is not respectful for him.

For this reason, [the body of the deceased] should be left until the night following the festival and then taken to his family plot. If there is concern that [his body will] decay and cause him disgrace, he should be buried in his own city on the festival immediately, as stated in Yoreh Deah, sec. 363.53 Consult that source.

19 [The following laws apply when] an infant dies [on a festival] within 30 days of his birth.54 If his hair and nails are fully developed, even if we do not know that he was born after a full-term pregnancy, we rely on the assumption that his was a viable birth. He should be buried on the first day of the festival by non-Jews55 and on the second festive day by Jews.56 [This assumption is made] because most women deliver children that are viable and it can be assumed that the pregnancy was full-term.

When does the above apply? When [the infant] died after being circumcised, or was female. However, when a baby boy died before he was circumcised, even if he died on the second day of the festival [celebrated] in the Diaspora, [his body] should not be buried on that day. [The rationale is that the infant’s] foreskin must be removed with a rock or flint57 stone before [his body] is buried, as stated in Yoreh Deah, sec. 263,58 and on a festival, it is forbidden to remove [the infant’s] foreskin. [The rationale for this prohibition is that the removal of the foreskin] is not essential for the burial. Moreover, it is not respectful for the infant that the second day of the festival be desecrated for this reason. [The circumcision is performed only] because of the reason explained in Yoreh Deah, loc. cit.⁵⁸

20 If [the infant’s] hair and nails were underdeveloped or it is known that he was born after less than a full-term pregnancy, he may not be buried [on a festival] – not even on the second day of the festival [celebrated] in the Diaspora – and not even by a non-Jew. [This] also [applies to] a female [infant. The rationale is that] when a fetus is nonviable, waiting until the evening [to bury it] is not considered demeaning at all.

21 Although the second day of the festival [celebrated] in the Diaspora is considered as a weekday with regard to involvement with [the body of] a deceased person, nevertheless, the relatives [of the deceased] should not rend their garments59 until the evening. [The rationale is that] this is not an element [associated with the burial] of the deceased, but an obligation incumbent on the living.

22 When [a person] dies on the night of the second day of a festival, [the members of the community] should arise early on the following morning and bury [his body] before the morning prayers. If it is impossible [to perform the burial] that early or the deceased passed after several hours on the day of the second day of a festival, [his body] should be buried during the time the sheliach tzibbur recites liturgical hymns60 and other [prayers] that are not obligatory for everyone to recite or hear.

It is desirable to gather a quorum of ten men at the time of the burial. If the deceased is an important person whose [funeral procession] must be accompanied by many people,61 he should be taken out to the cemetery after [the congregation] leave the synagogue so that many people can accompany his [funeral procession]. Those accompanying [the funeral procession should] then return to their homes to eat the festive meal. After the meal, [the body of the deceased] should be buried as is befitting. See sec. 443[:5] regarding the reason for all [the above practices].62

(Regarding the laws [applying to the recitation of the passage] Tziduk HaDin63 on the first and second days of the festival, see Yoreh Deah, sec. 401, and [Orach Chayim,] sec. 420, above.)64