Allegheny County, PA – Judge Permits Jewish Family to Exhume Father’s Body

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    Poale Zedeck cemetery in Richland Allegheny County, PA – An Allegheny County judge has given a Jewish family permission to move its father, who died nearly 45 years ago, from a cemetery in Richland to one in Point Breeze so that he can be next to his wife and son.

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    Howard Tobin’s family filed a petition in December asking that the court require the Congregation Poale Zedeck cemetery in Richland to permit the disinterment.

    Following a hearing in April, Allegheny County Common Pleas Judge Lawrence J. O’Toole issued an opinion on the matter on Wednesday. Attorneys for Poale Zedeck have 30 days to appeal.

    They have not said if they will ask for reconsideration.

    The cemetery rejected the Tobin family’s request, saying that Jewish law forbids moving a body except in specific situations.

    Howard Tobin’s widow, Roberta, and their children requested the move last year.

    Mr. Tobin, died unexpectedly on June 13, 1965. Mrs. Tobin, who was caring for four children at the time, allowed her husband’s brothers to handle his burial arrangements. They chose a plot at Poale Zedeck — even though her husband no longer attended services there, and the cemetery was far from their Squirrel Hill home.

    Mrs. Tobin was not pleased with her husband’s location nearly an hour from her house, but it wasn’t until her son, Steven, died unexpectedly of heart disease in July 2008 that she felt he needed to be moved.

    Steven Tobin was not married.

    “She could not bear to have my brother buried by himself,” said Mrs. Tobin’s daughter, Shelly Frankel. “The thought of having my dad moved to be near my brother brought her a little peace.

    “Once she made that choice, she didn’t realize there’d be controversy.”

    Mrs. Tobin bought three plots in the Star of David section at the Homewood Cemetery. One for her son, one for her husband and one for herself.

    What followed was a religious and legal battle over whether Howard Tobin’s body could be moved.

    Associate Rabbi Ari Goldberg, of Poale Zedeck — an Orthodox congregation — eventually decided that he could not permit the removal.

    Jewish law considers the body sacred, and removal can be considered a form of desecration. It would be acceptable, for example, only if the family wanted to move Mr. Tobin’s body to Israel or to an ancestral burial ground.

    Rabbi Goldberg said he respects the Tobin family’s wishes to be together.

    “I don’t think they do it with any malice to Conservative or Orthodox Jews,” he said.

    Ms. Frankel, who said her family members are the less restrictive Reform Jews, filed a petition in Orphan’s Court, arguing that Mrs. Tobin never had a chance to decide where her husband should be buried.

    Judge O’Toole agreed, finding that the congregation’s reason for opposing the disinterment was based solely on Jewish law.

    “[The] court is convinced that the petitioners’ interest in reinterring the remains of the decedent outweigh the interests of the congregation in preventing the reinterment,” he wrote.

    Mrs. Tobin died of cancer on Jan. 28 at the age of 81.

    Before she died, she asked her family members to continue the fight for her husband’s move. She did ask, though, that if they lost, they would not go back to court.

    Joel Pfeffer, who represents Poale Zedeck, said he will speak to the congregation’s rabbis for guidance on whether to appeal.

    “It’s a question of our obligation to those buried in our cemetery, including Mr. Tobin, to permit them to rest in peace,” he said.

    Ms. Frankel was elated by the court’s decision.

    “I know in my heart that is where my dad would want to be,” she said. “It’s a nice tribute to my mother that it’s Mother’s Day. We promised her we would carry on and get this done for her.

    “Finally, we’re at peace with this.”


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    15 Comments
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    Anonymous
    Anonymous
    13 years ago

    This is what the mishpacha wants. Let them decide without interference or going to court. Its a busha that these kinds of cases end up in court

    surch
    surch
    13 years ago

    less restrictive Reform Jews? What in the world does this mean? Could it be that there are more frum reformed jews. Ha!

    Anonymous
    Anonymous
    13 years ago

    “Derocheho Darchai Noam” if someone would explain to the family the Tzar and discomfort the Nifter has when his body or bones are moved then I’m sure the family will understand and will not go thru with this perverse deed

    Babishka
    Member
    Babishka
    13 years ago

    There is something seriously creepy about this family.

    frum yid
    frum yid
    13 years ago

    #1 in case you haven’t noticed, this site is (officially) a frum site & expect the commenters to respect that.

    Anonymous
    Anonymous
    13 years ago

    Why did a frum shul shul sell a plot to a non-frum person?

    When did we start burying mechalalai shabbos next to shomrai shabbos?

    Anonymous
    Anonymous
    13 years ago

    # 6 well saidy

    Lucky Charms
    Lucky Charms
    13 years ago

    Maybe wife isn’t Jewish (nor her son) and therefore CAN’T be buried next to her late husband (and father). Courts tend to allow families to stay together for eternity.

    Yisroel Pfeffer
    Yisroel Pfeffer
    13 years ago

    Thank you all for your input. Throughout this matter, Poale Zedeck has followed daas torah on how to proceed. You can be certain that we will continue to do so. To the distinguised authentic Londoner, under Pennsylvania law and the facts of this case, we had every legitimate expectation to prevail. Unfortunately, we did not.