תשובות בעת מלחמה (אנגלית), קבורת אפרCollected Responsa in Wartime, Burial of Ashes of Cremated Soldiers
א׳
1Question:
ב׳
2A veteran died in the Japanese Prisoner of War Camp at Osaka, October 19, 1945, and the U.S. Army asked of our committee the following questions:
ג׳
3a. Does Jewish law permit cremation?
ד׳
4b. Does Jewish law permit burial of cremated bodies in a Jewish cemetery?
ה׳
5c. Is there any requirement of a special place in this cemetery where the urn is to be buried?
ו׳
6d. Can the urn be buried separately, or must it be buried in a casket?
ז׳
7e. Do you have a regulation size grave or a smaller grave?
ח׳
8f. Do you have a similar service as in all other services for repatriated bodies?
ט׳
9Answer:
י׳
10The general question of cremation and the Jewish law does not need to be restudied. The overwhelming opinion is that cremation is forbidden, although it should be noted that Michael Higger in the last essay of his book, "Halachos Va'aggados," re-examines the entire relevant Talmudic and post-Talmudic material in order to prove that cremation is permitted. However, almost all other opinions declared it prohibited.
י״א
11As to the burial in a Jewish cemetery of the ashes of one who has been cremated, there is less unanimity of opinion. Most of the opinions prohibiting such burial were collected by Meir Lerner of Altona, Germany, in his book, "Chaye Olam". However, the opposite side of this question was taken by his contemporary, Simon Deutsch of Fuerth, in the book "Or Ho-emeth".
י״ב
12Furthermore, an absolute permission for the burial of the ashes of the cremated is given in the booklet on the subject, "Ya'aney Boesh", by the great Italian rabbi, Elijah ben Amozegh. In this booklet, the bulk of which is devoted to proving that cremation is forbidden by Jewish law, he ends by saying, however, that not only is it permitted to bury the ashes, but that it is even a mitzvah to rescue for burial as much of the body as possible, in this case, the ashes.
י״ג
13It is not necessary for us to decide the moot question as to whether burial of cremated ashes is in general permitted since the burial of the ashes of this soldier forms a special case and there will be other special cases like it. This soldier was not cremated by the United States Army, which does not practice cremation, but by the Japanese in the prison camp where he died. In this case the situation of the ashes is exactly the same as the situation of the ashes of those who were murdered by the Nazis and whose ashes were sent to the nearest of kin by them. They belong to the category described by Maimonides in "Hilchos Ovel," I:9, namely those who are killed by heathen governments (Malchuth Akum) and are not to be deprived of any of the rituals involved in mourning or burial. (Ain monin mehem kol dovor.) These soldiers, victims of enemy cruelty, whose bodies were cremated without their prior consent or the consent of their relatives, must not be deprived of any of the traditional Jewish rites.
י״ד
14Moreover, in order not to give the impression that the burial of the ashes of the cremated is to be permitted in general, we advise that the urn be placed in a regular sized coffin and buried in a regular size grave. Besides, for the sake of diminishing the grief (agmath nefesh) of the relatives, it is better if a regular coffin is used and no difference be made from other funerals of the repatriated dead.
ט״ו
15We have been informed that in the case of the ashes of the soldier mentioned above, the military authorities had agreed to put the ashes in a container and the container into a regular coffin. There is certainly no reason why the container should be removed from the coffin. The coffin, as it is delivered, should be buried with the regular ritual used for all repatriated dead.