CCAR RESPONSA
Contemporary American Reform Responsa
113. Responsibility for
Cemeteries
QUESTION: What responsibility does the community have
towards the care of Jewish cemeteries? What is the responsibility for graves which have
subsided or not been filled properly? Can soil other than that removed from the grave be used to
fill a grave? (M. Witkin, Reseda, CA)ANSWER: Traditionally one of the first acts of
any Jewish community was that of setting aside land for a cemetery. This often preceded the
creation of a congregation or the building of a synagogue, as for example, herein Pittsburgh,
where the Troy Hill cemetery antedated the charter of the Rodef Shalom Congregation by more
than a dozen years. Congregations made every effort to own their cemeteries outright (Ezekiel
Landau, Noda Biyehudah, I, Yoreh Deah #89; Isaac Spector, Ein Yitzhoq Yoreh
Deah #34). After purchase, the land of the cemetery was treated with great respect, both the
sections which had already been used for graves and those which were still vacant (Meg. 29a;
Shulhan Arukh Yoreh Deah 368; Moses Sofer, Responsa #335). Some authorities,
like David Hoffmann, prohibited the sale of a segment of a cemetery if other sections had
already been utilized for graves (Melamed Lehoil Yoreh Deah #125). Only if there was no
possible future utilization of the cemetery could segments which had not yet been used for burial
be sold (Abraham Gumbiner Magen Avraham to Orah Hayim, 153.12). It is
incumbent upon the Jewish community to look after cemeteries even if they have been
abandoned by their community or those who originally founded them (Greenwald, Kol Bo Al
Avelut, p. 164; Mosheh Feinstein, Igrot Mosheh Yoreh Deah #246). If all Jews have
moved from a town this duty must be borne by a nearby community. Such care refers
to the cemetery generally. It means that damage caused by flooding or subsidence must be
properly repaired. Furthermore, the entire cemetery must appear neat. Lawns, shrubs, trees and
fences must be appropriately maintained. Any individual grave should be filled with earth taken
from it, or similar soil if this is not feasible. Most states have provided for permanent
funds which must be set aside for the perpetual care of cemeteries. These endowments are
designed to provide general care for the cemetery; frequently provisions for the maintenance of
individual graves may also be made in perpetuity in accordance with the local cemetery’s policy.
Such funds placed in trust must be utilized only for the maintenance of the cemetery or
individual graves.May 1985
If needed, please consult Abbreviations used in CCAR Responsa.