Casket

NRR 152-157

COVERING THE CASKET

QUESTION:

Nowadays many of the funerals of deceased members take place in the temple sanctuary or chapel. At these funerals the casket is sometimes of expensive bronze and at other times simpler and less expensive. A suggestion therefore has been made in the interest of equality and democracy, namely, that we should have a rule that every casket at a funeral on the temple premises should be covered with the same cloth (a pall). Is this suggestion in accordance with Jewish tradition and law? (Asked by Vigdor Kavaler, Pittsburgh, Pennsyl-vania.)

ANSWER:

THERE IS A long tradition in Judaism to democratize and simplify funeral procedures. The Talmud (Ketuboth 8b) speaks of a time when funerals had grown so expensive (especially with regard to the elaborate garments placed upon the dead) that people feared the expense, and many ran away from the task of burial of the dead in order to avoid the financial burden. Therefore Rabban Gamliel the Patriarch provided (as the Talmud put it) “simplicity for himself” (nohag kalus); namely, he decided that he would be buried in a simple shroud of plain linen. Because of the example set by the patriarch, the custom then became prevalent to clothe all the dead in plain, simple linen. Also, the Talmud (Moed Katan 27b) describes the differences that had developed between the funeral practices of the rich and those of the poor. Among the rich, food was brought to the mourners in gold and silver bowls. Among the poor, it was brought in plain reed baskets. The rich (at the funeral meal) drank out of expensive clear glasses, the poor out of cheap colored glasses. The rich families carried out their departed in elaborate beds, while the poor carried them out in plain litters. It was ordained therefore, in order not to shame the poor, that in all these three instances the simpler practices of the poor should be followed by all. From all the above it is clear that the trend, even in the Talmudic past, was for funerals to get more and more elaborate and expensive, and therefore that efforts were constantly made to simplify them and thus democratize them. So there is no question that the inquiry made here is in harmony with an ongoing traditional sentiment.

The question asked here concentrates primarily on the matter of the casket. But in the problems and the remedies just cited in the Talmudic passage, which dealt with various examples of luxury, the litter (in our case, the casket) was only one of the problems. It is therefore necessary to consider whether the casket has indeed any special importance and what in general is its status in Jewish law and custom.

The prevalent Orthodox custom today is to use a wooden casket; even metal nails and screws are avoided, and the casket is held together by wooden pegs. One would therefore imagine that a custom now so firmly held in American Orthodox Jewish life must surely have a long history behind it. But actually that is not so. The very need for a casket at funerals has no strong precedent in the Jewish past. In Palestine the dead were generally wrapped in cloths and put into the niches of the burial caves without any casket at all. The general use of the casket developed in Babylon, where, in the alluvial soil, no rocky caves were available. Yet even so, when caskets did come into use, they were not really “constructed” but were chiefly loose boards, so the body came into direct contact with the earth. Preferral burial was directly into the earth without a casket (Tur, Yore Deah 362; also Shulchan Aruch, ibid.). Complete caskets were used for Kohanim late in the six-teenth and seventeenth centuries (cf. Joshua Falk [d. 1614] to the Tur, ibid.). However, Sabbatai Cohen (Shach, ibid.) says that a complete coffin may be used if earth is placed within the casket, which would then constitute a direct contact with earth. Clearly, then, the casket now universally used has no special status or firm importance in the law.

As for the material of which the casket was made (which question is also involved here), Maimonides says it should be of wood (Yad, Hit. Avel, 4:4). Nevertheless, they did have caskets of other materials, as can be seen from the law in Shulchan Aruch, Yore Deah 362:5, which states that a coffin that has been used for one body may not be used for another body, and it adds that if the coffin is of stone or pottery, it should be broken so as not to be used again. Is, then, the modern casket of metal at all permissible? This is debated by the various authorities (see the citations in Reform Jewish Practice, Vol. II, p. 100).

From all this it is clear that the casket is not a central or long-established appurtenance in Jewish burial tradition. Up to recent generations no solid casket was used. Of course, as has been mentioned, nowadays Orthodox Jews prefer a wooden casket. But it is clear that caskets of other materials were, according to many authorities, permissible. Considering that in most modern cemeteries the casket itself, when lowered into the grave, is encased in a concrete box, and therefore is far removed from direct contact with earth, then surely, as far as non-Orthodox families and congregations are concerned, there is no essential objection to a bronze casket.

However, granting that a bronze casket is, at least for us, unobjectionable, the question which is asked here still remains: Is it not against the spirit of equality and democracy that some families should use an expensive bronze casket and others a simpler, perhaps even a wooden, one? Should not all caskets be covered with a carpetlike pall to achieve the appearance of equality at funerals?

If the question of equality concerned only the casket, the matter might be much simpler. But there is a much wider difference between funerals than the type of casket used. This was always so, as the passage from Moed Katan 27b indicates. Nowadays, too, there are other differences between funerals than differences of the caskets. Some families have very few flowers. Others will even have a complete blanket of orchids. At the grave some families will have almost no flowers and others will have many flowers. Would we consider, then, in the interest of equality, that we ought to prohibit all flowers at our funerals or, by some rule or other, restrict the use of them? As a matter of fact, therein is one of the basic Orthodox objections to the use of flowers at funerals. The classic statement of the objection is made by the famous Chassidic leader of the last generation, Eliezer Spiro (Der Mun-caczer) in his responsa Minchas Eliezer, Vol. IV, 61. He objects to flowers at funerals primarily because their use is undemocratic, the rich having flowers, and the poor, few or none at all. But in spite of such Orthodox objections to flowers at funerals, the Chaplaincy Commission (composed of Orthodox, Conservative, and Reform rabbis) permitted the use of flowers on Decoration Day on the graves of Jewish soldiers. The permission is based upon the argument that those flowers are for the honor of the dead. Much is permitted in Jewish law in honoring the dead.

If, therefore, it is virtually impossible to abolish or restrict the use of flowers, which the family and friends use to express their reverence for the dead, then by the same token, one cannot in a modern congregation properly prohibit any family from buying the most beautiful casket which they feel is in honor of their dead.

This being so, what can we do to express the spirit of equality and democracy which is a consistent and important motif in Jewish funeral history? This can still be done, I believe, by making a distinction between what is permanent and what is transitory, also between what is conspicuous and what will become invisible. What is permanent and conspicuous in the cemetery is the tombstone. The stone stands for all to see for generations. Many historic congregations, therefore, had committees to supervise the choice of tombstones (and inscriptions) so that none would be over elaborate or conspicuous (cf. Greenwald, Kol Bo, p. 3 80). This is because of the feeling that we are all “co-partners in the cemetery” (see Moses Schick, Yore Deah 170).

Therefore it is important that our equality should be expressed by what is permanently seen in the cemetery. We need not be too much concerned by the fact that flowers may be more numerous at one funeral than another. They soon fade away. And so, too, the casket, however expensive, is buried in earth, away from view.

To sum up: Orthodox sentiment would prefer to have absolute equality in every phase of the funeral, the plain wooden casket and no flowers at all. Non-Orthodox congregations, too, should not allow too much latitude with regard to the enduring appurtenances of the cemetery, the tombstones, and the permanent planting. But with the transient and soon-to-be-invisible objects of the funeral, the established, modern, liberal custom is to allow family choice and preference. From the Orthodox point of view, there should be no casket of bronze and no flowers at all. From our point of view, these things are permissible, and we should allow a family to express itself as it wishes in this regard to honor their dead, even though one funeral may, for the brief half-hour of the service, seem more elaborate than another. After the funeral, one grave is just like another.

CARR 151-152

CCAR RESPONSA

Contemporary American Reform Responsa

91. Open Casket

QUESTION: What is the

attitude of Reform Judaism to an open casket prior to the funeral service? The casket is closed

during the service. Would this attitude change if the entire funeral were held at a chapel located

in the cemetery? (Rabbi R. Walter, Houston, TX)ANSWER: We have become

accustomed to closed caskets, and that has become a uniform practice throughout the country,

at least after the funeral service has begun. The coffin is always closed when funeral services

are held in the synagogue. In most cities, the casket also remains closed during the time before

the service. Visiting before the service has been discouraged. Some modern Orthodox rabbis

have objected very strongly to the open casket as an imitation of Gentile practices (J.

Greenwald, Kol Bo Al Avelut, p. 36 and W. Leiter, Bet David 198b). There are

also some earlier traditional objections, so the Talmud (M. K. 72a) stated that the faces of

the poor should be covered because they would display their poverty and the surviving relatives

would be put to shame, a reason also given by the Shulhan Arukh (Yoreh Deah 353.1).

The Talmud (Hor. 13b) also stated that a man may forget all that he has learned if he

looks upon the face of the dead. Similarly, the Sefer Hassidim (Margolis, ed., p. 103)

prohibited kissing the dead. We must, of course, remember that most dead in ancient times were

simply buried in shrouds and not in a coffin. In fact, there is a considerable discussion among the

authorities whether closing a coffin is not the equivalent of burial, and therefore, may lead to the

beginning of official mourning. This discussion hinges on the interpretation of a phrase

yisasem hagolel (M. K. 27a; Shab. 152b). Rabbenu Tam insisted that this meant the

grave had to be covered, while Rashi thought it referred to the closing of the coffin. Various later

authorities have quoted one or the other in their opinions. It is clearly our custom to

have the coffin closed at the cemetery and generally at the funeral home in accordance with

tradition. We insist on it when services are conducted in the synagogue itself and at the

cemetery chapel. The coffin should be closed before and during the service.August 1979

If needed, please consult Abbreviations used in CCAR Responsa.

TFN no.5751.8 117-118

CCAR RESPONSA

Two caskets in one grave

5751.8

She’elah
Recently I was asked by the management of a local Jewish cemetery if double-depth lawn crypt-burials are

permitted under Jewish law. In this method of burial, a casket is lowered into a concrete lined grave several feet

deeper than normal. The casket, however, is completely surrounded by earth which has been inserted into the

vault. Subsequently, a second casket is buried over the first, with a layer of earth between them.

We are interested in three aspects of this method of burial.

1. Are double-depth burials (one casket over another) permissible?

2. Is crypt-burial surrounded by earth permissible?

3. Are there significant differences of opinion among the major branches of Judaism on this

subject? (This particular cemetery presently serves all three branches of Judaism.)

A sketch of the proposed burial method is enclosed. (Rabbi Allan C. Tuffs, Allentown, PA)

Teshuvah
The Halakhah of burial in the earth is derived from Deut. 21:23, which prescribes interment for executed

criminals, and from this the Talmud derives the obligation to bury every dead person.1

We will deal first with the question of burying caskets on top of each other.

The traditional literature deals with bodies which are placed one above the other. The relevant passage is

found in the Shulchan Arukh and reads: “Two caskets are not buried one over the other, but when six

handbreadths of earth separate them it is allowed.”2 The Hoop Lane cemetery in London, England, which serves

both a Reform and an Orthodox Sefardi constituency, permits double and triple depth burials.

What if these bodies and caskets are placed for burial in a vault (here called “crypt”)3, a custom which is

widespread in North America? Does such a vault present a problem? R. Jekuthiel Greenwald says it does and

forbids it, because the vault compares to a mausoleum which is seen to delay or possibly prevent decay and thus be

unmindful of the implications of the Deuteronomic passage which says, “You shall surely bury him (kavor

tikberenu).4 But R. Moshe Feinstein (who forbids mausoleum burial5) would allow the vault, because it is not

designed to, nor does it, interfere with the process of decomposition, especially when the body is surrounded by

earth.6

We hold with the latter opinion. The use of cement casings does not interfere with the purpose of interring

the body, that is, returning it to the earth. It is merely the way by which many cemetery authorities prevent the

ground from sinking, so that the appearance of the burial grounds is not marred and the honor paid to the dead

(kevod ha-met) is not diminished. However, as indicated, the use of the vault might be contested by some

halakhic authorities.

The sketch submitted to us reveals an additional feature, in that two caskets are buried in the same casing,

one on top of the other, with layers of earth surrounding each casket. This too does not represent any

obstacle in our view or in the traditional Halakhah.

Are there additional considerations which we might bring to bear on these issues? With cemetery space

becoming scarce in many, especially larger communities, we would consider burials in a single plot, with

due separation of the caskets, an acceptable alternative. Also, this would better enable survivors to carry

out the mitzvah of visiting the graves of their dear ones.7

Notes

  • BT Sanhedrin 46 b.
  • Yoreh De’ah, #262:4. Similarly Tur , Yoreh De’ah, # 262. Rambam, Yad, Hilkhot Avel14:16, discourages the practice, apparently because of the danger that the earth

    separating the two bodies might not prevent the upper body from sinking and coming too

    close to the other; see the commentary of the Radbaz on the passage, and R. Moshe

    Feinstein, Iggerot Moshe, Y.D. # 233/234. See also R. Solomon B. Freehof, Reform

    Jewish Practice, vol I, pp. 123 ff.; Current Reform Responsa, p.148.

  • Usually a cement casing.
  • Kol Bo al Avelut, vol. 2, pp. 47 ff.
  • Iggerot Moshe, Y.D. # 143. On this issue see R. Walter Jacob, American ReformResponsa , # 102.
  • Iggerot Moshe, Y.D., # 142.
  • On mausoleum burials, see Solomon B. Freehof, Reform Responsa, no. 38.If needed, please consult Abbreviations used in CCAR Responsa.