Pittsburgh PA – Allegheny County Judge Lawrence O’Toole heard arguments yesterday on a dispute over exhuming a body from an Orthodox Jewish cemetery in Richland for reburial in a Point Breeze cemetery.
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The family of Howard Tobin, who died 45 years ago, wants to move his remains from Poale Zedeck Cemetery to the Star of David Section of Homewood Cemetery, so that he can be beside his wife and son. The family’s lawyer, John Eddy, argued that the outcome should be based on civil contract law.
Rabbi Ari Goldberg of Poale Zedeck said an exhumation was not permissible under Jewish law. The congregation’s attorney, Joel Pfeffer, argued that Pennsylvania law allowed religious cemeteries to set and follow their own doctrinal rules without court interference.
The judge will have to decide whether a civil court may intervene, and if so, whether to grant the family’s request.
There was no indication when a ruling might come.
How did they get Yosef out of Mitzrayim?
Shulchan Aruch says one can exhume someone and rebury him in order to bring him to Eretz Yisrael or to the place where his ancestors are buried. They could find a reason to bury him elsewhere for the sake of having the family in one place.
What is missing here is the fact that they want to move him to a not Jewish Cemetary!
this “star of david” cemetery is not a kosher cemetery in the first place… it is in middle of a gentile cemetery which against shulchan aruch!
this must be very difficult both for the family and for the Rabbi/shul.
Irrespective of religious law, if the family wants to move him for a rational reason, then up he will come.
We live in a free and democratic society, Bechasdei HaShem.
We have no excuse to avoid our legal responsibilities to the government and its agencies.
We no longer live in Europe of old where we suffered at the hands of the antisemitic rulers and citizanry.
Let our actions Mekadesh Shem Shomiyim BeRabbim
The other factor to consider is if by removing someone from the Cemetary, will this defile or lessen the holiness of the others burried there. The rabbi is just representing the rest of the Jews burried there and their families.
Actually, according to Shulchan Aruch there are several conditions under which you may exhume the remains to move them to a new place. If it had been stated in his will that he lay beside his wife and son, then it may be an issue of ‘mitzvah l’kayem divrei hameis’
I would lijke to know which posek rules against exhuming a body to rebury it next to the spouse????????? Bodies are exhumed to be reburied in E”Y
I am the warden for ASBEE cemetery in Memphis, Tn (Orthodox). Similar situation happened to us years ago; no remains available to move; odor was unbearable; closed grave immediately. Do not advise attempting to do this again.
Bob Bernatsky