תשובות בעת מלחמה (אנגלית), קבורה בבתי קברות לאומייםCollected Responsa in Wartime, Burial in National Cemeteries
א׳
1Question:
ב׳
2The government is establishing a number of national cemeteries (in addition to the cemetery at Arlington). We have been asked whether Jewish law permits the burial of the body of Jews in such a cemetery and whether a rabbi may officiate at such a burial.
ג׳
3Answer:
ד׳
4The soldiers and sailors whose bodies are now being brought back from overseas were buried where they fell. The graves of Christians and Jews were side by side. Crosses and Stars of David were near each other, an evidence of comradeship in duty and fellowship in death. If in these now permanent national cemeteries there would be no Stars of David at all, it might lead some to unjust conclusions. It is a question whether the principle of Mipne Darche Sholom is not to some extent involved.
ה׳
5However, such a general principle cannot be decisively invoked if Jewish law would clearly prohibit such burial.
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6But is it clearly prohibited? While universal and longstanding custom requires burial of a Jew in a Jewish cemetery (Kever Yisrael) there is no definite law in the Talmud or the great codes either requiring a community to establish a Jewish cemetery or requiring that a Jew be buried only in such a cemetery.
ז׳
7The only requirements in the law as to place of burial are that a man be buried in his own property (B'toch Shelo) (b. Baba Bathra 112a), and that we may not bury a wicked man next to a righteous man (b. Sanhedrin 47a).
ח׳
8One rabbi about a century ago made an attempt on the basis of these two laws to establish a legal foundation for the requirement to have Jewish cemeteries (Eleazar Spiro of Muncacz in Minhath Eleazar II, 41) (also Dudaey Hasodeh #33, #66, #89).
ט׳
9Therefore, it can at most be said only that it is against general custom (minhag) for a Jew to be buried elsewhere than in a Jewish cemetery but it cannot be said that such burial is forbidden. Therefore, it is suggested that each family ask its own rabbi for his decision. The rabbi will then decide also whether he will officiate.