יורה דעה שס״בYoreh De'ah 362

Se’if 1א׳

הַנּוֹתֵן מֵתוֹ בְּאָרוֹן וְלֹא קְבָרוֹ בַּקַּרְקַע, עוֹבֵר מִשּׁוּם מֵלִין אֶת הַמֵּת. וְאִם נְתָנוֹ בְּאָרוֹן וּקְבָרוֹ בַּקַּרְקַע, אֵינוֹ עוֹבֵר עָלָיו, וּמִכָּל מָקוֹם יָפֶה לְקָבְרוֹ בַּקַּרְקַע מַמָּשׁ, אֲפִלּוּ בְּחוּץ לָאָרֶץ.

One who places his dead in a coffin and did not bury it1The coffin. Perisha. in the earth, transgresses thereby a [negative command] because he keeps the dead over night [unburied].2Derived from San. 46b where it is stated that R. Joḥanan said that burial in the earth is referred to by the Torah in the verse, ‘Thou shalt surely bury him’ (Deut. XXI, 23). The emphatic infinitive (קבור תקברנו) denotes burial in the earth. Otherwise, one transgresses the injunction, ‘His body shall not remain all night’ (ibid.). Placing the corpse in a coffin is alluded to in the question that King Shapor asked R. Huna (San. ibid.). It is not obligatory to bury an amputated limb of a living being. However, since it defiles, Kohanim are prohibited against being in the same room with it — P.Tesh. If he placed him in a coffin and buried it1The coffin. Perisha. in the earth, he does not transgress [a negative command] on his account.3Y.M.K. I, 5(80c bot.); Y.San. VI, 12(23d bot.): ‘In former days they buried them (the convicts) in deep pits etc. and they were placed in a coffin’ (v. W.G.), i.e., after the flesh became decomposed they were placed in a coffin. Thus also Asheri. infra § 363, 4. Nevertheless, it is [more]4 BaḤ. appropriate to bury him in the earth proper even [when he is buried] outside the Land [of Israel].5Y.Ket. XII, 3(35a top); Y.Kil. IX, 4(32b top); Gen. R. s. 100. In these sources R. Judah, the Prince, prior to his death gave the following instructions: ‘Let my coffin be perforated at the bottom.’ N explains that what he meant was that the bottom of the coffin should be removed so that the body should be in contact with the ground, since burial in the earth is a religious duty and applies not only to the Land of Israel but also when one is buried outside the Land of Israel, for it is written, ‘And to dust thou shalt return’ (Gen. III, 19). Cremation is forbidden according to Jewish Law. Beth Yiẓḥak; Eben Yekarah; ‘Arugoth Habosem; Imre Yosher and others who strongly prohibit cremation. One who left instructions to be cremated after death is regarded as one who dissociates himself from the practices of the Congregation and is considered a heretic. Hence, he has the same status as those for whom one does not observe Aninuth or mourning rites. The ashes of a cremated person are forbidden to be buried in a Jewish cemetery. On the question of cremation cf. also lengthy article by Dr. H. Higger, appended to his Halakoth Wa-Agadoth pp. 161-183.

Se’if 2ב׳

נוֹתְנִין הַמֵּת עַל גַּבָּיו, וּפָנָיו לְמַעְלָה, כְּאָדָם שֶׁהוּא יָשֵׁן.

The corpse [when buried] is placed on its back6Y.Naz. IX, 3(57d): ‘What is considered lying in its usual position? — If the corpse is found with its feet stretched out and its hands on the heart.’ This indicates that the corpse is interred on its back. Cf. also Naz. 65a: ‘Lying, but not in a sitting position; in the usual position, — excludes the head lying between the thighs.’ (this corresponds to the expression קמצוץ i.e., a doubled position, found in Y. ibid). Burial is also permissible on one’s side. Y.Ket. XII, 3(35a) as part of the instructions given by R. Jeremiah: ‘Let them place me on my side.’ (v. Tur. who has the reading על גבי ‘on my back,’ which is emended by Perisha to על סיטרא ‘on my side’ found in cur. edd.). Cf. B.B. 101a-b according to which burial in an upright position is regarded as the burial of asses. If a corpse is placed in an upright or sitting position it is considered disrespectful. It is customary to cover the top of the coffin and not to throw earth directly on the corpse, which would be considered disgraceful — ShaK. however, Tur who quotes Resp. of R. Natronai Gaon regarding different customs of burial depending on dry or moist localities, and cf. also Perisha a.l. and its face is upwards like a person who is asleep.7Cf. Ber. 13b according to which it is forbidden to sleep on the back. however, B.B. 74a where it is stated that the ‘Dead of the Wilderness’ slept on their backs.

Se’if 3ג׳

אֵין קוֹבְרִים ב' מֵתִים זֶה בְּצַד זֶה, אֶלָּא אִם כֵּן הָיָה דֹּפֶן הַקֶּבֶר מַפְסִיק בֵּינֵיהֶם; וְלֹא הַמֵּת בְּצַד עֲצָמוֹת; וְלֹא עֲצָמוֹת בְּצַד הַמֵּת. אֲבָל נִקְבָּר הָאִישׁ עִם בִּתּוֹ קְטַנָּה, וְהָאִשָּׁה עִם בְּנָהּ קָטָן וְעִם בֶּן בְּנָהּ קָטָן. זֶה הַכְּלָל כָּל שֶׁיָּשֵׁן עִמּוֹ בְּחַיָּיו, נִקְבָּר עִמּוֹ בְּמוֹתוֹ.

They do not bury two corpses one alongside the other,8In some localities the corpse is buried with head northward and feet southward; in others, the head westward and the feet eastward. Whatever custom is adopted, the position on each cemetery should be the same for all dead — A.H. unless the [intervening] wall of the grave separates between them.9According to the Mishna in B.B. 100b which deals with sepulchral chambers (כוכין), the thickness of the wall between grottos was one cubit (i.e., six handbreadths). Hence, the thickness of the wall of the grotto was half a cubit. Accordingly, some rule (v. R. A. Eger; G.Mah.; Yad Abraham and others) that the intervening wall should be one cubit in thickness. This follows the opinion of the First Tanna in the Mishna ibid. Caro here and in B.Yos. seems to rule in accord with the opinion of R. Simeon b. Gamaliel (ibid. W.G. a.l.) that everything depends upon the quality of the intervening earth or rock. If it is hard, one may make more sepulchral chambers, since less intervening space for the walls would be required. On the other hand, if the earth is soft, more space would be required for the intervening walls. Hence, the number of grottos would be less. P.Tesh. states that the custom to bury the dead close to each other stems from the fact the land available to us for cemeteries is quite limited. TaZ § 364, n. 2. A.H. rules that legally no specific thickness for the intervening wall is required. As long as it is able to stand without caving in. It must be at least six fingerbreadths in thickness. Nor [do they bury] a corpse alongside the bones [of another corpse], or the bones [of a corpse] alongside [another] corpse.10Sem(H). XIII, 8. also Baraithoth Ebel Rabbathi ibid. p. 232, 236. However, a man may be buried with his minor daughter and a woman with her minor son or her son's minor son [in the same grave]. This is the general rule, — whosoever sleeps with him during lifetime may be buried with him when he dies.11Sem(H). ibid. in accord with R. Judah. This ruling refers only to a minor son, but a son or daughter of majority age are not permitted to be interred with the father or mother respectively. The mention of her son’s minor son does not exclude the daughter of his son or the daughter of his daughter — ShaK. A man may be buried next to his wife — Peri ha-Sadeh.