Question:Could you please expound on the relevant halachos pertaining to relocating a niftar to a different burial place? Discussion:The Shulchan Aruch (Yoreh De’ah Siman 403) deals with the halachos pertaining to “likkut atzomos” (the term used to describe exhumation and reburial). Although the term implies that we are discussing relocating the skeleton of a niftar, it is clear from the Shach (s.k. 2) that the same halachos apply when relocating an intact niftar. • First of all, the relatives of the niftar are obligated to observe aveilus (or “sit shivoh”) from the time of exhumation until nightfall of that day (Shulchan Aruch ibid se’if 1 and Shach s.k. 1). This applies to the seven close relatives who are obligated in aveilus (i.e. father, mother, son, daughter, brother, sister and spouse). The only exception is the wife of the deceased if she has since remarried (Shu”t Chasam Sofer quoted in Pischei Teshuva ibid). • In a situation where the niftar was exhumed on one day and the burial only occurred on a subsequent day, aveilus only applies from the time of exhumation until nightfall, and on the subsequent day of reburial there are no aveilus (nor aninus) restrictions (c.f. Shulchan Aruch ibid, Shach ibid, Gesher Hachayim vol. 1, perek 26, 4.8). The Gesher Hachayim (ibid) also maintains that aveilus begins at the time of the beginning of exhumation. If the exhumation began close to nightfall, aveilus restrictions only apply until nightfall, even though the exhumation has not yet finished. • Aveilus applies to the relatives of the niftar irrespective of whether or not they are present during the exhumation and reburial (Shulchan Aruch ibid). However, this only applies to the same day as the reburial. If a relative of the niftar was unaware during the reburial and only informed the next day (or after nightfall following the reburial) about and reburial of his relative, there is no longer any obligation of aveilus. There is no obligation to inform a relative of the niftar about the reburial (Gesher Hachayim ibid). • There are, however, no aninus restrictions (i.e. the prohibitions of eating meat and drinking wine as enumerated in Yoreh De’ah Siman 341) regarding likkut atzamos (Remo ibid). • The relatives of the niftar who are obligated to tear keriya on the demise of their relative (enumerated in Yoreh De’ah Siman 340) are likewise obligated to tear keriya [a second time] on the reburial of their relative (Shulchan Aruch ibid se’if 2). • Although a kohen is allowed (and possibly obligated) to become tomei to his deceased relative, regarding likkut atzomos he is forbidden to expose himself to tumah, and there are no dispensations because he is a close relative (Shach s.k. 1). • Somebody involved in reburial of a niftar is exempt from mitzvos aseh (e.g. keriyas shema, tefillo and brochos), irrespective of whether he is related to the niftar or not (Shulchan Aruch ibid se’if 9), similar to one who is involved in shemirah (“guarding”) a niftar (Shulchan Aruch Siman 341 se’if 6). • The Gesher Hachayim (ibid) maintains that regarding likkut atzamos there is no obligation of levaya (even if the body of the niftar is intact, unlike a regular niftar), but one should stand if present out of respect. He also writes that the minhag is to accompany them partially out of respect. • The Gesher Hachayim (ibid) also posits that regarding exhumation and reburial there is no prohibition of bal tolin if one does not rebury the niftar on the same day as the exhumation, even if the body of the niftar is complete (unlike a regular niftar where bal tolin does apply and one is not allowed to leave a niftar without burial overnight, unless there is a valid reason to do so, as enumerated in Yoreh De’ah Siman 357). |
Aveilus
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