NARR 381-382

CCAR RESPONSA

New American Reform Responsa

236. Contradictory Responsa

QUESTION: Several of the responsa in Contemporary Reform Responsa seem to be contradictory. For example, #67 has decided that a Messianic Jew should be refused burial, while #122 and #138 have indicated that apostates along with criminals are buried in a Jewish cemetery, although normally at a distance from other graves. As these answers were written at different times, does this reflect a growing strictness among us or are there other reasons for the disparity? (Rabbi Benno M. Wallach, Crosby IX)

ANSWER:We should note that all responsa address very specific questions and are not intended to provide broad general answers. An entire collection of responsa or several such collections may begin to provide a broader view of Jewish life and may set a pattern for generalizations. However, individual responsa address specific issues as will become apparent in the subsequent discussion.

Tradition has indicated that Jewish criminals were to be buried (Deut 21.23; M San 4.5; 47a; Shulhan Arukh Yoreh Deah 362.52 and 334.3 and Tur Yoreh Deah 334 and commentaries). Furthermore, apostates were similarly buried. We did so not to honor the apostates, but to help the surviving family. For that reason all matters connected with the “honor of the dead” were avoided while normal other burial procedures were followed (Moses Sofer Responsa Yoreh Deah 341; Tur and Shulhan Arukh Yoreh Deah 344, 345 and Commentaries). When an apostate died suddenly it was assumed that he had repented and returned to Judaism before his death (Isserles to Shulhan ArukhYoreh Deah 340.5; Hoshen Mishpat 266.2). However, in #122 the Messianic Jew did not die suddenly nor had he in any way indicated a return to Judaism. Furthermore, his family remain apostates. These grounds are sufficient to refuse the burial of a Messianic Jew or a Jew for Jesus.

We may also refuse burial as these individuals masquerade as Jews and mislead others and they therefore pose a danger to the unsuspecting members of our community. Anyone who endangers the Jewish community in a serious fashion may be refused burial by that community (Nahmanides Responsa #224; Jacob Levi Responsa#49)

These responsa, therefore, may seem inconsistent on initial reading, however, they answer different questions and the circumstances are sufficiently distinctive to demand different answers.

April 1988

If needed, please consult Abbreviations used in CCAR Responsa.