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Burial in the Land of Israel: Chassidic Authorities Ruled Against Burial “Rebbi Bar Kirya and Rabbi Lazar Were in Israel

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Burial in the Land of Israel: Chassidic Authorities Ruled Against Burial “Rebbi Bar Kirya and Rabbi Lazar Were in Israel MEDINA & BY RABBI SHIMSHON HAKOHEN NADEL HALACHA Mara D'atra, Kehilat Zichron Yosef, Har Nof OU Israel Faculty please do not bury me in Egypt. And I will Burial in the lie down with my fathers and you shall transport me out of Egypt and bury me Land of Israel in their grave” (B’reishit 47:29-30). Later, Yosef too makes his brother pledge to, “... bring my bones up out of here” (B’reishit n May, Israel’s Channel 12 reported 50:25). When Moshe says, “For I will die that the family of a woman who died in in this land; I am not crossing the Jordan” New York from COVID-19 paid nearly I (Devarim 4:22), Rashi (ad Loc.) comments $200,000 to transport her body on a private that Moshe is lamenting that even his plane for burial in Israel. Ignoring several bones won’t be buried in the Land of Israel Health Ministry regulations designed to (See also Sifrei, Pinchas). stop the spread of the virus, it was reported that the family accompanying the body And our Sages praise one who is buried did not go into quarantine as required for in the Land of Israel: “Rav Anan said: those arriving from abroad, held a funeral Whoever is buried in the Land of Israel is attended by about 100 mourners at Har considered as though he is buried beneath Hamenuchot in Jerusalem, while such the altar. It is written here (Sh’mot 20:21): gatherings were limited to only 50, and ‘An altar of earth [adama] you shall make then traveled to a shul in Cholon where for Me,’ and it is stated there (Devarim they met dozens of relatives and friends 32:43): ‘...and atones for the land of who were not able to attend the funeral. [admato] His people’” (Ketubot 111a). This event followed reports of tens of Just as the altar in the Holy Temple families chartering private planes to bury provides atonement for sin, so too burial their loved ones in Israel, while most in the Land of Israel provides atonement. commercial flights remain grounded. The Talmud (Ibid.) continues: “Ulla was While there are certainly many benefits to accustomed to ascend to the Land of Israel. living in the Land of Israel, is there a benefit He died outside of the Land. They came to being buried in Israel? and told Rabbi Elazar. He said, You, Ulla, ‘Shall you die in an unclean land?’ (Amos Our patriarchs expressed the desire to 7:17). They said to him: But his coffin is be buried in the Land of Israel. Before his arriving [for burial in Israel]. He said to death, Ya’akov adjured Yosef, saying “... them: There is no comparison between 64 TORAH TIDBITS / KORACH 5780 one who was absorbed [by the Land of Tanchuma, Vayechi) and Zohar (Vayechi; Israel] while yet alive, to one who was Terumah; Acharei Mot) voice similar absorbed after death.” objections. According to the view of Rabbi Elazar, But the Pnei Moshe (Kil’ayim 9:3) explains living one’s life in the Land of Israel is that this criticism is limited to one who preferable to merely being buried there. had the ability to move to Israel during his Additionally, according to Rabbi Elazar, lifetime, but deliberately chose not to. For the Resurrection of the Dead will take such an individual, burial in the Land of place only in Israel, the “Land of the Israel is likened to contaminating it. Living,” and those buried outside of the One may also question the Yerushalmi’s Land of Israel will not be resurrected. This conclusions, as the Talmud Yerushalmi view, however, is rejected, and the Talmud itself records many examples of Sages concludes that those buried outside the from Bavel who merited burial in the Land Land will roll - or walk upright - through of Israel, seemingly without objection. tunnels until they reach the Land of Israel Some explain that the statements of the and come back to life (Ibid.). Yerushalmi and Zohar apply to ordinary According to the Talmud Bavli, burial in individuals. An exemption is made for Israel provides a benefit to the deceased, righteous individuals and great rabbis. bringing atonement and easing the process Nevertheless, some authorities are of the Resurrection of the Dead (See also stringent and rule that for one who spends Midrash Tanchuma, Vayechi). his life outside the Land of Israel, it is But the Talmud Yerushalmi is critical of preferable not to be buried in Israel at all. bringing the dead from outside the Land In fact, based on the Zohar, many for burial in the Land of Israel: Chassidic authorities ruled against burial “Rebbi bar Kirya and Rabbi Lazar were in Israel. The Satmar Rebbe (Divrei Yoel walking on the street. They saw caskets 2:103), as well as the Klausenberger Rebbe arriving from outside of the Land to the (Divrei Yetziv, Yoreh De’ah 224) pointed out Land. Rebbi bar Kirya said to Rabbi Lazar: that many great individuals, Tzaddikim, What have these people accomplished? I Admorim, Rebbes, etc. were not buried in apply to them the verse, ‘You have rendered Israel (See also Minchat Yitzchak 7:136). My heritage an abomination’ in your But when asked by an individual who lifetime, ‘And you came and contaminated brought his parents’ bones to Israel for My land’ in your death” (Kil’ayim 9:3). burial if what he did was correct, the According to this opinion, bringing a Rambam answered “what he has done is body for burial to the Land of Israel is very good, and so did the great sages of akin to bringing impurity into a pure Israel” (Teshuvot HaRambam, Freiman land. The Midrash (Bereishit Rabbah 96:5; ed., 372). OU ISRAEL CENTER 65 Recognizing that it is better to live one’s especially if the individual was buried on life in the Land of Israel rather than arrive condition that he be reburied in the Land after death, the Rambam concludes that it is of Israel should it become possible. The still meritorious to be buried there: “There Shach & Levush (ad loc.) explain that this is is no comparison to being absorbed there because burial in Israel provides a special during life than to being absorbed there atonement for the deceased. after death. Nevertheless, the great Sages But who has the authority to make the used to take their dead to be buried there. decision to disinter the body and rebury it in Go and learn from Ya’akov Avinu and Yosef Israel? HaTzaddik” (Hilchot Melachim 5:11). In his will, Theodore Herzl requested And while burial in the Land of Israel is that his bones - and the bones of his family the subject of much discussion and debate, - be brought to Israel after a Jewish State many rule that it is indeed beneficial to the was established. Upon his death in 1904, soul of the deceased to be buried in Israel, he was buried in Vienna. Shortly after even if they did not live in Israel during the establishment of the State of Israel, on their lifetime. Among them: Rav Yaakov the 20th of Tammuz 5709 (1949), Herzl’s Beirav (Teshuvot Mahari Beirav, 38), Rav remains and those of his family were Levi ibn Chaviv (Teshuvot Maharlabach, brought to Israel and buried on Mt. Herzl. 63), Radbaz (2:611), Maharshdam (203), Likewise, Ze’ev Jabotinsky, who died in Rav Mordechai Yaakov Breish (Chelkat New York in 1940, requested in his will Yaakov 3:142), Rav Eliezer Waldenberg that his bones be brought to Israel. In 1964, (Tzitz Eliezer 11:75), Rav Ovadiah Yosef Jabotinsky too merited to be reinterred in (Yabia Omer, Yoreh De’ah 6:31; Yechave the Holy Land. Da’at 4:57), and Rav Shmuel HaLevi Wosner (Shevet Halevi 2:207). But when Rav Pinchas Toledano, Dayan of London’s Sefardic community, sought to Some contemporary authorities express bring the remains of Sir Moses and Lady other concerns and considerations. Rav Judith Montefiore to Israel, a controversy Yosef Eliyahu Henkin, for example, was ensued. Rav Toledano argued that as there concerned about the costs involved in is no longer a Jewish community left in bringing a body to Israel for burial. In Ramsgate, England where the Montefiores addition to the financial burden, Rav are buried, and a yeshiva had not been Ya’akov Kamenetsky zt”l believed one established near Sir Moses’ grave as he should be buried close to his family, so had requested in his will, it is a mitzvah they may visit the grave (See also Kol Bo on to reinter them in Israel (See Rav Pinchas Aveilut, p. 252, and Sefer Chassidim, 710). Toledano, “Pinui Atzmotav Shel Montefiore The Shulchan Aruch (Yoreh De’ah 363:1) La-Aretz,” Techumin vol. 8). rules that it is permissible to disinter a Rav Moshe Feinstein zt”l disagreed and body to be reinterred in the Land of Israel, argued that only one’s children have the 66 TORAH TIDBITS / KORACH 5780 right to make the decision to move a body. Rav Levi ibn Chaviv ruled that children Rav Moshe wondered aloud why they may choose to bury their parents in would choose Montefiore and not other Israel, even without their parents’ express holy and righteous individuals buried consent (Teshuvot Maharalbach, 63. See abroad, and saw it as a slight. Rav Moshe also Pitchei Teshuvah, Yoreh De’ah 363:2). adds that Montefoire chose to be buried in For those who do not merit in being Ramsgate and rules it is prohibited to move buried in the Land of Israel, the custom him and his wife (Igrot Moshe, Yoreh De’ah is to bury them together with earth from 153).
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