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The Torah Learning Library of Yeshivat Chovevei Torah

Chukat – The Rosh Yeshiva Responds – Reinterring a Corpse Buried in an Otherwise Reserved Plot

by Rabbi Dov Linzer (Posted on July 11, 2024)
Topics: Chukat, Rosh Yeshiva Responds, Sefer Bamidbar, Torah

https://pixabay.com/photos/cemetery-jewish-grave-calculus-380839/

 וַתָּ֤מָת שָׁם֙ מִרְיָ֔ם וַתִּקָּבֵ֖ר שָֽׁם:

“and Miriam died there, and was buried there” (Bamidbar 20:1).

This question is taken from a WhatsApp group in which Rabbi Linzer responds to halakhic questions from rabbis and community members.

QUESTION—Minneapolis, MI

A man was mistakenly buried in a plot reserved for a distant relative (his second wife’s cousin). The plot owner is adamant that the deceased be moved and will sue the cemetery if the deceased is not relocated.

Can we move him (the deceased) to his rightful plot, which is eight spots away? This would place him adjacent (above, not next to) his in-laws, as well as the plot reserved for his surviving wife. Shulkhan Arukh YD 363:1 indicates that it may be permissible to reinter for the sake of being close to immediate family, but I want to ensure that this situation meets that criterion.

ANSWER

Yes, you should move the deceased, otherwise, it would be gezel (theft). (See SA YD 364:2, Rashi to Sanhedrin 47b, Kol Mevaser 1:1)

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