Jewish Attitudes Towards Cremation
Adapted from Rabbi Braun’s sermon in 5777
About five years ago a woman called the shul to discuss her burial plans. She was an out of town member and her health was failing rapidly. Her husband had predeceased her and was buried in our cemetery.
She called because she wanted to be cremated. After a short discussion I asked her if she would like to be buried in our cemetery next to her husband. She replied in the affirmative. I proceeded as delicately as I could to explain to her that would not be possible if she chose cremation. She did not and she received a kosher burial on North Linden Ave.
It is not an uncommon request these days. For whatever the reason Jews are considering and choosing cremation. Also not uncommon is the policy that Jewish cemeteries do not bury ashes of those who chose cremation.
Why can’t Jews cremate? Where does our aversion come from? Why don’t we bury ashes? We bury people who have committed worse transgressions.
The first question is pretty simple and straightforward. The Torah records:
דברים פרק כא
כב) וְכִֽי־יִהְיֶ֣ה בְאִ֗ישׁ חֵ֛טְא מִשְׁפַּט־מָ֖וֶת וְהוּמָ֑ת וְתָלִ֥יתָ אֹת֖וֹ עַל־עֵֽץ
כג) לֹא־תָלִ֨ין נִבְלָת֜וֹ עַל־הָעֵ֗ץ כִּֽי־קָב֤וֹר תִּקְבְּרֶ֙נּוּ֙ בַּיּ֣וֹם הַה֔וּא כִּֽי־קִלְלַ֥ת אֱלֹהִ֖ים תָּל֑וּי וְלֹ֤א תְטַמֵּא֙ אֶת־אַדְמָ֣תְךָ֔ אֲשֶׁר֙ יְקֹוָ֣ק אֱלֹהֶ֔יךָ נֹתֵ֥ן לְךָ֖ נַחֲלָֽה: ס
The Mishna in Sanhedrin (46a) extends the command to bury to all Jews, not just those killed by Beit Din. The command is codified in the Rambam and Shulchan Aruch!
When asked about the possibility of cremation Rabbi Yitzchak Shmelkes, 19th century Galicia, one of the prominent poskim of his time begins his responsa (Beit Yitzchak 2/155) by writing that one who does so violates a positive and negative command. The positive command is כִּֽי־קָב֤וֹר תִּקְבְּרֶ֙נּוּ֙, you shall surely bury and the negative command – do not leave the body hanging on a tree – do not delay the burial.
He also rejects the possibility of fulfilling these commands by burying the ashes by citing a Gemara at the end of Temura (34a) that states those who are to be buried should not be burned. Most don’t feel the need to quote that Gemara; they simply understand that burial of the body is implied in the verse.
Others tack on another prohibition of desecrating a corpse, but the primary violations are the ones related to burial.
From here it gets a little less clear? Why the aversion? Why not bury the ashes?
Our first thought when hearing the words cremation and ashes has to be the Holocaust. How could you choose cremation after what the Nazis did?!
No one should take this the wrong way but – that is an emotional argument, not a terribly good logical argument and certainly not a good halachic argument. It certainly would not explain why we don’t bury the ashes.
In truth that is not where the traditional aversion comes from. Initially the aversion was because idolaters burned their dead. For most of the Common Era, it was about respect for the body. There also did not seem to be any push from the outside world to consider cremation.
The modern day aversion began in the early 20th century in Altuna, which is in the Hamburg section of Germany. Rabbi Meir Lerner who was the chief Rabbi of Altuna, put together a 157 page pamphlet on the topic of cremation and burial of cremated ashes. He is the first to suggest the ban on burying ashes and records the correspondence of numerous Gedolei Yisrael who concur.
In his introduction he tells you exactly why he proposes the ban.
The people espousing cremation violate Shabbas, they eat pig, they indulge in illicit relationships, and now they want to destroy the last pillar of fear, the sanctity of the cemetery…
There has never been a time that was more dangerous for the concepts of resurrection and the eternal nature of the soul like these times. Therefore it is a great mitzvah incumbent upon every person to who God gave wisdom, to exert great effort to protect our holy faith!
Who is he referring to?
Clearly he is referring to the reform Jews.
The Central Conference of American Rabbis (CCAR) resolved in 1892 that “in case we should be invited to officiate” at a cremation, “we ought not to refuse on the plea that cremation be anti-Jewish or irreligious!
He is crystal clear that the aversion and ban on ashes being interred is not because of the halachic severity of the sin perse. We do bury people who have done worse. Rather it is in opposition to the reform allowance and an attempt to dissuade people from cremating.
What about today? Most people choosing cremation do not do so in allegiance to reform ideals. Most do so out of ignorance or economics or fear of worms.
The halacha recognizes this change and while it once was not the case people do sit shiva and say kaddish for people who were cremated. Rav Herschel Schachter has taken this position.
Should we change our approach to burial as well?
The answer to that has been categorically no. What is the difference between shiva/kaddish on the one hand and burial of ashes on the other?
The question of shiva and kaddish is a reflection of the deceased. An apostate or heretic does not get shiva etc. It used to be that choosing cremation rendered you such a person and it no longer does – thus we sit and say kaddish.
Burial of ashes is simply not a burial and by participating we are either giving sanction or participating in something that is wrong! On those grounds alone, we should abstain! And so the custom remains.
