Is it possible to consecrate private property for a burial site? What are the requirements, according to Halachah - Jewish law (as opposed to secular law)? And if so, what kind of rituals does the consecration consist of and who may do so?
These type of questions are actually most interesting for they allow us to investigate how we have been influenced by the general Christian society around us and how our – the Halachic -- understanding of various matters is different. How we respond to death is one of these areas in which the distinctiveness of the Jewish perspective is often not truly recognized. People will, of course, note such things as shiva, the seven days of grieving, happening after burial while Christians generally pay their respects before burial but how many know that the focus of Jewish Law in response to death is the actual burial. I always find it interesting to see people attending a funeral, from the chapel even going to the cemetery, but then being upset if there is any delay because the grave is being covered. The perception is that the essence of a Jewish funeral are the eulogies and prayers. While not taking away from their importance, within the essence of a Jewish burial, from a Halachic perspective, it is clearly more significant to cover the grave – for family and members of the Jewish community to complete this most important mitzvah of laying someone in his/her final resting place – than to do anything else. The focus of a Jewish funeral is the practical necessity, and important obligation, to bury the deceased. Everything else is add-ons; important additions but not of the essence.
I mention this in regard to this question, for the underlying mindset of the Halacha, as indicated by this law of burial, is important to recognize in order to respond properly to this question. The idea of consecration seems to imply that ground must be somehow distinguished, made holy, in order to use it for burial. This is not the case within the Halacha. What distinguishes a Jewish cemetery in Jewish Law is that it is a place where Jews are buried. It is the graves themselves that declare this land to be distinguished, not any consecration ceremony. There are specific rules to guide us in response to how to treat a grave and a cemetery, i.e. a collection of graves, (see, for example, T.B. Nazir 64b, 65a) but it is the reality of graves that must be treated with respect, that ‘consecrates’ the land, not the other way around. This reflects the simple concept that the focus of Jewish burial is the practical burial.
Having said all this, though, in the same manner that we do have eulogies and prayers incorporated in our funeral service – in order to maintain the proper, Torah focus on what we are doing – we also do find a service that is recited when a Jewish cemetery is delineated. See Rabbi Hyman Goldin, HaMadrich: The Rabbi’s Guide. It consists primarily of the recitation of certain Psalms and other sections of the Bible. While this service may be referred to colloquially as a consecration ceremony, one should still recognize that that it is really not comparable to what may be referred to as consecration within other faiths. Such a service is not intended to change the land but, rather, it could be said, its focus is to direct the minds of individuals in relating to this land, in recognizing the significance of a cemetery. In fact, while there may be some issue in Jewish Law whether preparation alone (i.e. opening a grave before the placement of a corpse) may create a status of a grave with consequent restrictions, the conclusion of the Halacha is that it does not. See, further, T.B. Sanhedrin 47b,48a and Shulchan Aruch, Yoreh De’ah 349:1. In any event, the discussion concerns actual preparation in action, not simply the recitation of prayers.
Given all this, let us now return to the original, opening question. Rather than asking whether private property can be so consecrated, the real question is whether one can bury on private property – and the clear answer within the Halacha is yes. A perusal of the Bible will show that Jews had family burial plots on ancestral land and that is where members of a family were buried. Rema, Shulchan Aruch 363:2 states, even today, that if someone wishes to be buried at home -- i.e. on his private land -- we listen and do not bury the person in a communal cemetery. Of course, if this is done, steps must be taken to ensure that the grave is treated with proper respect.
Is it possible to consecrate private property for a burial site? What are the requirements, according to Halachah - Jewish law (as opposed to secular law)? And if so, what kind of rituals does the consecration consist of and who may do so?
A Jewish cemetery is created when a Jew, or Jewish organization, acquires land for the purpose of using it as a cemetery and creates visible borders around that area that will be used for Jewish burial alone. In this way the land is “consecrated”. Once done that land is considered sacred as the cemetery is one of the central institutions that need to be established in any Jewish community. It has been customary to perform a dedication/consecration ceremony before the land is used for the first time for burial that is usually made up of certain Hebrew readings from the Jewish Bible (often Psalms), typically concluding with the blessing that speaks of God as Master of Life and Death. Some ceremonies have included actually walking the borders of the cemetery as part of the ritual and in some cases shofrot (ram’s horns) are blown as well. The owner(s) and representatives of the Jewish community are usually present for the ceremony and often the whole community is invited to witness or participate.
Abraham purchased the Cave of Machpela with the intent of creating a family burial plot. His example reminds us of the way we are supposed to care for our beloved family members. Based on a simple reading of that tale one would be inclined to agree that it is possible to consecrate private property as a burial site (ignoring for the moment that there may be local or state requirements regulating burial sites). Indeed the basic requirement is simply that a person be buried betokh shelo, one's own property. It would be misleading, however, to stop at that point. Both by custom and by halakha the requirements are more complicated.
Jewish communities have historically chosen to establish communal cemeteries, as well as to maintain communal structures to help prepare the deceased for burial (Hevra Kaddishas) and to care for the upkeep of the cemetery. Often the first act of a newly forming community is to establish a Beit Olam, an Eternal House as a cemetery is known. The Jewish Cemetery Association of Massachusetts website has a list, “What Makes a Jewish Cemetery Jewish?”. Among the items are: the site is set off by physical boundaries from its surroundings, it is consecrated ground, it has perpetual care, and it is closed on Shabbat.
A similar question to ours was addressed in the compilation of “Contemporary American Reform Responsa, #103 (http://data.ccarnet.org/cgi-bin/respdisp.pl?file=103&year=carr). The specific question was whether a family who lost a child could have the burial in their garden rather than in the congregational cemetery. This responsa notes that there is a history of family plots both in ancient and modern times. It goes on, however, to detail the various requirements which apply to any burial plot, based on Shulkhan Aruch, Yoreh Deah 364:1:
the gravesite must receive permanent care
the plot must remain in the family's possession permanently
the area may not be used for joyful purposes
one may not eat or drink or be festive near the plot.
The authors of this responsa note that in our mobile society it would be difficult to meet this standard.
There is another issue. Maurice Lamm, writing in “The Jewish Way in Death and Mourning”, notes that
The traditional attitude in Judaism did not encourage excessive grave visitation. The rabbis were apprehensive that frequent visitations to the cemetery might become a pattern of living rather than foster closure, thus preventing the bereaved from placing the death in proper perspective. (pg 193)
Having the gravesite on one's private property might be at odds with this traditional attitude.
If one feels that they can meet the standards noted above, they could theoretically establish a private burial ground; still the rituals involve the broader community. The rites detailed in HaMadrich, an Orthodox Rabbi's Manual, involve special prayers at the synagogue service and the participation of the local Hevra Kaddisha, the burial society. The service consists primarily of Psalms and other Biblical readings, circling the site 7 times, a Yizkor service, and gifts to tzedakah. The particulars of preparation and ritual may vary from community to community, so I would recommend that one consult a local rabbi for exact details.
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