Cremation in the Jewish Tradition

by Rabbi Morris M. Shapiro, 1986; Edited by Rabbi Robert Binder

Question (Sh’eilah)

Is cremation permissible in Jewish tradition? May the ashes be buried in a Jewish cemetery?

Answer (Teshuvah)

Even though our tradition has clearly developed a taboo against cremation, there is no explicit source in the Bible or Talmud against it. Reference is made in I Samuel 31:12-13 to the burning of the bodies of King Saul and his sons and subsequent burial of the bones. Concerned lest someone interpret this episode to mean that the Bible condones cremation, Rabbi David Kimchi (the Radak) comments: “They burned the flesh because it had brought forth worms, and it would thus have been disgraceful to bury the flesh… therefore, they burned the flesh and buried the bones.” According to Radak, then, cremation is permissible when it is done to honor the dead.

In the Talmud, Rabbi Yochanan says in the name of Rabbi Shimon bar Yochai that the biblical source of burial is the verse “You shall surely bury him the same day” [Deuteronomy 21:23], which refers to disposing of the body of someone who was hanged.  Discussion then follows as to whether burial is intended to avert disgrace [of bodily putrefaction] or as a means of atonement? [Sanhedrin 46b]. The Rosh concludes that this question is not resolved, leading Rabbi Yosef Karo to decide in the Beit Yosef: “Maimonides rules that we bury him, for it is a safek issur [a possible biblical prohibition against leaving him unburied]. Even when the heirs request that he not be buried, we take him out by force. Even when the deceased has no heirs and he requests not to be buried, we do not listen to him, because ‘disgrace’ refers to all the living and not merely to the relatives.

The question as to whether burial is a biblical or rabbinic command leads to a more lenient opinion from some authorities. The Magen Avraham, commenting on the Shulchan Arukh, holds that should a person leave a will requesting cremation, we should listen to him, even should the reason for burial be for the sake of avoiding disgrace. The subsequent weight of opinion is against cremation and there is no convincing reason why we should deviate from the sacred established method of burial. The question merely centers on whether we should listen to a person who says “I do not wish to be buried.”

As to whether the ashes may be buried in a Jewish cemetery, many authorities rule against it. Maimonides, however, says, “It is a positive requirement to bury all those who are executed by the court on the day of death” [Laws of Sanhedrin 15.8], which implies that this includes those who have been condemned to burning. This leads us to conclude that even though cremation is against Jewish tradition, nevertheless if the body has been cremated there is still a positive mitzvahto bury the ashes. Families should be advised of the traditional objection to cremation, but should they nevertheless decide to cremate the deceased, the ashes should be interred in a Jewish cemetery in a private ceremony, without the presence of a rabbi.