תשובות בעת מלחמה (אנגלית), העתקת קבריםCollected Responsa in Wartime, Disinterment

א׳

1Question:

ב׳

2We have been informed semi-officially as follows: It is becoming increasingly apparent that at the termination of the war, the War Department, upon polling and receiving the consent of 70% of the nearest of kin, will bring back all the American dead buried overseas. For the percentage who do not give consent there is no choice—the bodies will be brought back and no American cemeteries will be kept overseas. May this disinterment be done under Jewish law?

ג׳

3Answer:

ד׳

4Considering the special circumstances involved there can be no objection from the point of view of Jewish law to this proposed removal of bodies to America. In the first place it was clearly the intention of the government to move the bodies back to America, therefore this burial overseas was made with the intention of re-interment; second, the government will not maintain overseas cemeteries and, would be none to protect and guard any graves that might by chance be left; and third, because the re-burial will be al kever avoth (Yore Deah 363 #1).

ה׳

5(Since the above was written the Government has changed its policy somewhat. There will be a few central cemeteries maintained overseas for those whose relatives do not desire that they be brought back to the United States. The bodies of the soldiers will be disinterred from the various scattered places where they are now buried and will be removed to three central cemeteries. As to the disinterment, there is no doubt that the rule mentioned above applies namely, that it is permitted to disinter the bodies from the scattered cemeteries and place them in the cemeteries where the graves will be protected and guarded. See also "Aruch Ha Shulchan" to Yore Deah 363, I.)

ו׳

6However, the further question is asked with regard to whether there should be any ritual or order of services for exhumation. With regard to ritual or services in connection with exhumation, there is some reference in the older sources. The Palestinian Talmud to Moed Katan I,5, says that there should be no bircath avelim and no tanhume avelim but only words of praise for the departed. Hai Gaon (quoted by Isaac ibn Ghayyat in Shaare Simchah, Hilchoth Evel, p. 73) tells of the custom of burying in Bagdad and then removing the bodies for reburial in the desert. He says that it is not the custom for people to gather for the occasion or to say Tsidduk ha Din, but he continues, follow the custom of your fathers in this matter, yet do not pronounce blessings for they may be blessings pronounced in vain, i.e., since no blessing was prescribed for disinterment.

ז׳

7Judging by the statement of Hai Gaon, who had considerable experience with the custom of disinterment, it is preferable that there should be no services at the disinterment. In line with this tradition, we might well decide that there is no requirement to have services at the disinterment, nor is it necessary for the people at home to have any or to follow any of the ritual of mourning unless they know the exact day when the disinterment takes place. See Yerushalmi ad loc. However, following the statement of Hai Gaon, who speaks of the use of Biblical passages and collections of Biblical verses (and also the statement of the Palestinian Talmud that omrim d'varim, we speak words of praise), we might write a service composed of appropriate Biblical passages and provide in the service for a memorial address at the time of the re-burial.^**- The family should observe aveluth after the reburial until the evening of that day. (Moses Sofer, Yore Deah 353 and Greenwald Ach L’tsarah p. 234.)

ח׳

8With regard to the further question of arranging for a Jew to accompany the body when it is brought back overseas and the caution that this may not always be possible, the CANRA would request the War Department that inasmuch as many bodies will be brought over in the same ship, a soldier of Jewish faith be included in every detachment which accompanies a shipment of bodies or at least whenever it is known that bodies of Jewish personnel are included.

ט׳

9The CANRA also request that a Jewish chaplain be assigned to the Quartermaster's department who should be available for consultation and inspection of the entire work involved.