CCAR RESPONSA
Contemporary American Reform Responsa
97. Non-Jewish Burials
QUESTION: The
Congregation owns a cemetery which is managed according to halakhah; no non-Jews
are permitted to be buried in it. Recently the congregation had a number of mixed-married
families join. One of the privileges of membership is the entitlement to two graves in the
cemetery. This now leads to a problem. Is it possible to declare a segment of the cemetery “non-
sectarian?” There is a section on the other side of the road which could be separated by a hedge.
(Rabbi B. Lefkowitz, Taunton, MA)ANSWER: Although there is a great amount of
discussion of burial law, there is very little on the nature of the cemetery itself. It is mandated
that every community should set up its own cemetery in order to honor the dead (Meg. 29a;
Shulhan Arukh Yoreh Deah 34). If it is not possible to establish a separate cemetery, then
a distinctive section is to be set aside in a general cemetery (Dudaeh Hasadeh, #66 and
89.) The cemetery in its entirety has always been considered as holy and deserving the respect
and protection of the Jewish community. So, for example, unused sections may not be rented
out for grazing (Meg. 29a; San 46a; Shulhan Arukh Yoreh Deah 368.1). Anyone who
visits the cemetery, even the unused section, must behave in a dignified fashion (Shulhan
Arukh Yoreh Deah 368.1). Respect given to a cemetery is akin to that extended to a
synagogue (Azariah Fano, Responsa #56). Once the land has been
consecrated as a cemetery, it may not be sold or used for any other purpose. So, Moses Sofer
asked a community to resist the government’s request for a new wall around a cemetery, as the
plans also called for a diminution of its grounds (Hatam Sofer Yoreh Deah #335). A
similar opinion was provided by David Hoffman (Melamed Lehoil Yoreh Deah
#125). The only circumstances under which it is permissible to sell or dispose of a
cemetery are: (1) if it is condemned by the government and the graves are moved; (2) if it is no
longer possible to guard against vandalism. Then the dead may be disinterred and moved to
another cemetery (Mosheh Feinstein, Igrot Mosheh Yoreh Deah 246 and 247; Moses
Sofer, Hatam Sofer, Yoreh Deah #353). According to traditional halakhah, it would
not be possible to simply set aside a portion of the existing cemetery for the burial of non-
Jews. There are two other paths which may be followed. Some adjacent land can be
purchased. There would be no objection to utilizing it for Gentile burials as this ground has not
been dedicated as a cemetery yet. It would also be possible to change the by-laws of the
cemetery to agree with Reform practice. This would permit the burial of non-Jews in accordance
with general Reform Jewish practice, as described in W. Jacob’s American Reform
Responsa (#98 ff). If the interments of Gentiles are permitted only in a separate section, then
those who own plots in the old section have no reason to object.January 1985
If needed, please consult Abbreviations used in CCAR Responsa.