MISC section - contents: Q My father-in-law died recently and was buried in America. My mother-in-law plans to move to Israel, where her children live. She has indicated clearly her desire to be buried next to her husband in Chutz La’Aretz. Will we be required or allowed to execute her will, given that it violates the halacha that she should be buried in Israel? Realize also that we will have no place to sit shiva in America and will not be able to visit her grave on yahrtzeits. A: Firstly, we hope that your question will remain theoretical for many years. The matters of shiva and yahrtzeit, while not insignificant, are relatively minor issues that can be worked out when the time comes. Let us concentrate not on your question as asked but on the assumption upon which it hinges. May one ask to be taken out of Israel for burial? According to most opinions, it is a mitzva to live in Eretz Yisrael, and it is wonderful that your family, soon to include your mother-in-law, is doing so. It is not a mitzva to be buried in Israel but an opportunity for the deceased. The gemara (Ketubot 111a) says that being buried in Eretz Yisrael brings atonement to the deceased and eases the process of the resurrection of the dead. Therefore, many fine Jews, starting with Yaakov Avinu, have asked to be buried here. There has been debate whether those who lived abroad deserve to be buried in Israel (see Talmud Yerushalmi, Kilayim 9:3). Some of the positive effect is anyway lost if one is brought to Israel posthumously (gemara, ibid.). However, the consensus for several centuries is that it is good for one to be buried here even if he died abroad (see Shulchan Aruch, Yoreh Deah 363:1,2; Maharashdam, YD 203 and several recent poskim). For example, the Shulchan Aruch allows transporting or even exhuming the body from a proper cemetery in Chutz La’Aretz to bring it to Israel. If one will die in Israel, it is certainly a tremendous benefit to be buried here. However, we are talking about benefit, not a mitzva for one to arrange for himself. One must realize that there are other factors that are religiously recognized. For example, one can be transported or exhumed in order to be buried in a cemetery with a family plot. According to most poskim (see Taz, YD 363:2; Yabia Omer VII, YD 39) this applies to a variety of family members, certainly including one's spouse. It seems that of the two factors, Eretz Yisrael vs. family, most prefer that of Eretz Yisrael, all the more so, if the deceased died in Israel (see Har Tzvi, YD 274; Yabia Omer VI, YD 31). However, poskim allow for one to decide for himself. There was a fascinating machloket between Rav Moshe Feinstein and Rav Ovadya Yosef on whether it was proper to exhume and bring Sir Moses Montifore to be buried in Jerusalem, which he helped sustain in his lifetime. The former (Igrot Moshe, YD III, 153) said that since Montifore knew of the opportunity to be buried in Israel and opted not to, he should be left alone. The latter (Yabia Omer VII, 39) showed why it was in the deceased’s best interest to be brought to Israel and claimed that he would have wanted it had he understood the actual circumstances. However, Rav Yosef (ibid.:38) ruled in the case of one who was buried in Israel but had left explicit instructions to be buried among family in Chutz La’Aretz that her will should be followed, and she should be exhumed. (In a similar case but there were not explicit instructions, he ruled that she must remained buried in Israel - ibid, VI, YD 31.). He did not feel that the decision to remove the deceased abroad is qualitatively different from the decision not to bring the body for burial in Israel. The case for bringing the deceased to rest abroad is even stronger if she already owns a plot there and if the request is formalized in a verifiable document. Thus, while you might argue that your mother-in-law’s decision is spiritually unwise, it is certainly legitimate and should be honored (hopefully not any time soon.) Ask the Rabbi Q&A is part of Hemdat Yamim, the
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Rebbe is partially funded by the Jewish Agency for Israel It must be stressed, however, that it is not the
mere incantation of the formula that brings forgiveness. Rather, it is the
incorporation of these attributes of mercy into our personalities that
guarantees God's mercy. As the Talmud states: "Whenever Israel sins, let
them do before me this order, and I will forgive them" (ibid.). The emphasis
is on the doing, not the saying. We become deserving of mercy when we are
merciful, deserving of compassion, when compassionate. The merit of imitating God's ways of loving
kindness and mercy will grant us three wonderful gifts: 1) God will be in
our midst, 2) our sins will be forgiven, and 3) we will be privileged to
inherit the Land of Israel. 2) The Chofetz Chayim teaches that the plural indicates that it is not enough to observe the Shabbat on an individual level. One must also work to insure that others around him observe Shabbat as well, to create a truly holy and spiritually uplifting Shabbat atmosphere. 3) The Meshech Chachma explains this based on the
Gemara (Eruvin 54) which teaches that had the first LUCHOT not been broken,
then no nation would have ever had power over the Jewish people. Therefore,
in Parshat Mishpatim which was before the sin of the golden calf, there was
no fear of an enemy coveting and attacking our land. Therefore, there was no
need for a promise that our land would not be coveted. However, in our
Parsha, after the LUCHOT were broken because of the sin, the possibility
existed that our enemies could invade. Thus, this Divine promise was
necessary. The anointing oil consisted of 500 shekels (about 25 pounds) of distilled myrrh, [two] half portions, each consisting of 250 shekels of fragrant cinnamon, 250 shekels of fragrant cane, and 500 shekels of cassia - a total of 1750 shekel. These were ground and mixed and then softened in water until their essences were extracted. Then a HIN (.97 gallon, 3.6 liters) of olive oil was poured on top of the water. The entire mixture was heated over fire till the water steamed away and the essences mixed with the oil. The Midrash relates that Moshe had difficulty making the anointing oil and so HaShem showed him exactly how to make it. He didn't only tell him how to make it He showed him how to make it. We learn this from the word ZEH - this. In three other places this word is used to signify that HaShem actually pointed to something so Moshe would know what to do. This is an important lesson for teachers and parents. Sometimes just saying something isn't enough. Sometimes we have to show our children or our students so they will really learn how to do something. The Gemara relates that there was a miracle with this oil. The amount of oil that was made was enough to anoint the vessels of the Mishkan, Aharon and his sons, Kohanim and Kings through- out the generations and still it remained forever as we learn from the verse - "this shall be the sacred anointing oil for Me for all generations" (Li l'dorotei- chem). The oil could not be used for any other purpose and it is forbidden for anyone to copy the recipe of the anointing oil. The punishment for these offenses is to be spiritually cut off (kareit). When the Aron-Ark was hidden away, so was a flask of the anointing oil. One of the ingredients in the anointing oil is
aromatic cinnamon. Fill your house with the smell of cinnamon if you make
these cinnamon rolls. By using an equal contribution of the Half-shekel, both the individual and the collective were elevated spiritually, as indicated by the expressions, "when you raise the head of Bnei Yisrael" and, "that there not be a plague among them when counting them" (Sh'mot 30:12). There was also an underlying unity of purpose conveyed by the matching treatment of both the elite and the rank and file. The initial events surrounding the Golden Calf also appear to have bound the people. For the entire people, seeking a substitute for the vanished mediator with Hashem, acceded to Aharon's request and, "removed the gold rings in their ears…" (ibid. 32:2). Consequently, however, the House of Levi sided with Moshe and, horrifically, was to slaughter 3,000 of the key instigators, including the Egyptian rabble that had declared of the Golden Calf, "These are your gods!" Now, in practice, each had opposed his son and his brother (ibid. 32:29). Now, all that was left was for Moshe to seek pardon. Had there been real unity, as represented by the Machazit Hashekel, this tragedy may never have occurred. Shabbat Shalom, Menachem Persoff [The Parshat Ki Tisa Homepage]
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