תשובות בעת מלחמה (אנגלית), אבלות בקבורה מחדשCollected Responsa in Wartime, Ritual of Mourning For Reinterment
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1Question:
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2The question has been asked as to what mourning ritual should be followed when the body of a repatriated soldier is returned for burial.
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3Answer:
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4The laws dealing with the ritual in disinterment and reinterment are all based upon the Palestinian Talmud, Moed Katan, I, 5, where it is clear that all the ritual mentioned concerns only the disinterring of the bones and that there is no ritual of mourning for their reinterment.
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5If the mourners know the exact hour of the disinterment, they should observe the rites of mourning up to the end of that day (i.e. the day of the disinterment). Also at this time the relatives should perform K'riah. However, it is noteworthy that even these observances are not encouraged.
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6Moses Sofer in his famous responsum on the subject ("Chatham Sofer" Yore Deah #353) says that when there is considerable disinterment, as when many bodies have to be removed, the rabbi and the rabbinical court should issue a decree forbidding anybody to tell the family so that they should not need to mourn and perform K'riah.
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7There is a distinct possibility that even these observances which Moses Sofer discourages are not applicable at all inasmuch as the bones are removed in a closed coffin. There is considerable discussion in the Palestinian Talmud to the effect that the laws of mourning apply at the disinterment only when the bones are carried loosely in a garment, but not if carried in a coffin as they are here.
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8Similarly the Shulchan Aruch, Yore Deah #403 and the Aruch Ha Shulchan likewise speak only of K'riah and mourning at the time of the disinterment.
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9As for observances in this country when the bodies are reinterred, there should be no K'riah, but Moses Sofer in the responsum quoted says that after the burial there should be mourning ritual (i.e. sitting on the ground, etc.) until the evening of that day.