יורה דעה שס״וYoreh De'ah 366

Se’if 1א׳

הַמּוֹכֵר קִבְרוֹ וְדֶרֶךְ קִבְרוֹ, מְקוֹם מַעֲמָדוֹ וּמְקוֹם הֶסְפֵּדוֹ, בָּאִים בְּנֵי הַמִּשְׁפָּחָה וְקוֹבְרִין אוֹתוֹ בְּעַל כָּרְחוֹ שֶׁל לוֹקֵחַ, וּמַחֲזִירִין אֶת דָּמָיו.

One who sells his [family] grave, the path to his grave, the place of his [funeral] halt1Seven halts were made by the funeral escort upon returning from a burial for the purpose of lamentation or consolation. This corresponded to the seven times that the word ‘vanity’ is mentioned in Eccl. I, 2, three times in the singular and twice in the plural (B.B. 100b). RaShBaM ibid. s.v. משבעה. and the place of his lamentation, the members of the family may come and bury him against the will of the buyer,2They may force the buyer to cancel the transaction and take back the purchase price. and they return his money.3B.B. 100b; Ket. 84a; Bek. 52b. also Ḥ.M. § 217, 7 where the same ruling is found. The reason given in the Gemara ibid. is that it brings discredit to the family (פגם משפחה) if strangers will be interred in their family plot, whilst the members of their own family will have to be buried in another graveyard. And as to the ruling (supra § 344, 10) that if one left instructions not to make a lamentation for him after death, he is obeyed, it is different in the present case, because a) his financial position compelled him to act thus; whereas in the former ruling (supra) the instructions were given at death; or b) here by selling the place for lamentation, it is derogatory to all the members of the family; whereas there he only denied himself a lament; or c) the very fact that here strangers will come and make their lamentation casts a slur upon the whole family — N, B.Yos. and ShaK. This ruling applies also to one who sells his family pew in the Synagogue (Ḥ.M. § 175, 53 G.).

Se’if 2ב׳

אִשָּׁה שֶׁיָּרְשָׁה קֶבֶר מִמִּשְׁפַּחְתָּהּ, נִקְבֶּרֶת בְּתוֹכוֹ הִיא, אֲבָל לֹא יוֹצְאֵי יְרֵכָה; אֶלָּא אִם כֵּן רָאֲתָה אוֹתָם בְּחַיֶיהָ.

A woman who inherited a grave from her family maybe buried in it herself, but not her descendants,4Because they trace their descent on the paternal side, and it is a discredit to the members of her family to have members of another family buried beside them — ShaK. A.H. unless she saw them during her lifetime.5Sem(H). XIV, 5 according to the version of Tur. Those whom she saw during lifetime were closer to her.

Se’if 3ג׳

אָבִיהָ אוֹמֵר: תִּקָּבֵר אֶצְלִי, וּבַעֲלָהּ אוֹמֵר: תִּקָּבֵר אֶצְלִי, תִּקָּבֵר אֵצֶל בַּעֲלָהּ. וְיֵשׁ גּוֹרְסִין תִּקָּבֵר אֵצֶל אָבִיהָ. וְאִם יֵשׁ לָהּ בָּנִים, וְאוֹמֶרֶת: אֵצֶל בָּנַי, קוֹבְרִין אוֹתָהּ אֵצֶל בָּנֶיהָ.

[If] her father says, 'Let her be buried beside me,' and her husband says, 'Let her be buried beside me,' — she is buried beside her husband.6Sem. XIV according to version of Tur. And some [versions] read,7Sem(H). XIV, 6 and cur. edd. — she is buried beside her father. If she has children, and says, '[Bury me] beside my children,' — they bury her beside her children.