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HomeRabbi's StudyWeekly Divrei TorahVayechiVayechi 5769 - Burial in Israel

Vayechi 5769 - Burial in Israel

Prologue:    Rashi tells us that Yaakov had three objections ot being buried in the land of Egypt. He was concerned about the Kinim, was worried that his body would have to roll at the time of Techiyas HaMeisim and that his burial location not be turned into a place of idol worship.

    Why was he not concerned that he be buried in Mearas HaMachpelah? After all, the cave serves as a rallying point for the Jewish people when there is tragedy. Yirmiyahu went there to daven at the time of the Churban (Eicha Rabbah, 24; Kinna "Oz B"hishaleich Yirmiyahu), Kalev went there at the time of the Miraglim (Sotah 34b). Why didn't yaakov cite the noble reason of preferring burial in Kever Avos for the future benefit of Am Yisroel?
 
    HaGaon Harav Yisroel Belsky (Einei Yisroel) notes that Yaakov asked Yosef to perform a Chessed Shel Emes. Had the reason for Yosef's effort been more national, it would no longer be a total Chessed Shel Emes done specifically for Yaakov's sake. Additionally, it might have been harder for Pharaoh to allow Yosef to go if the nationalistic motivation had surfaced. Ergo, Yaakov specifically asked Yosef for a personal favor - a true Chessed - that serves as the basis for all Chessed motivations of today - selfless and everlasting.
 

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Burial in Israel
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    The Talmud (Kesubos 111a) notes that the Kosher ones buried in Bavel are included among those in Israel. Those in the rest of the world are included in the Kosher ones of Bavel because, as rashi notes, the Zechus of Torah protects them. Apparently, there are tremendous advantages to being buried in the land of Israel.

    The Talmud notes three reasons for this advantage: 1) Kappara 2) not to roll at the time of Techiyas HaMeisim and 3) that the land of Israel is a holier place.

    Indeed, the Talmud (Kesubos 111a; Moed Katan 25a; Rambam, Hil. Melachim 5:11) notes that being buried in the land of Israel is a  Kappara for one's sins. Additionally, one finds that the Amoraim (Kesubos 111b) preferred burial in Eretz Yisrael over Chutz La'Aretz as we find from both the actions of Yaakov and Yosef in this week's Sidra so that their bones need not roll to Israel prior to Techiyas HaMeisim. The Noda B' Yehuda (Tinyana Y.D., 205) notes that even the bodies of the those in Chutz L'aretz will be restored at the time of Techiyas HaMeisim. However, notes Rav Wosner (Shut Shevet HaLevi II: 207), those in Eretz Yisroel will experience Techiyas HaMeisim first.

    The Ungvarer Rav (Shut Mishneh Halachos IV:145) brings the third reason for burial preference in the land of Israel. He notes that the land is essentially holier in Israel than anywhere in the world. Ergo, a body buried there benefits from a higher attained holiness merely by being buried in the land of Israel than anywhere else.

    But what happens if the deceased leaves specific instructions NOT to bury him/her in the land of Israel? What would happen then? Maharalbach (Shut Maharalbach, 63) notes that in such a situation one would not be permitted to accede the wishes. He bases the position on the Talmud's debate if we bury someone out of respect or for the purposes of Kappara. In other words, since the deceased expressed his desire, it is as if he is not concerned for this form of Kappara. Assuming he expresses his view at the time of his death, we are commanded to follow it. Pischei Teshuva (Y.D. 363:2) accepts this position L'Halacha as long as the position was expressly expressed in regard to personal death close to the end of the deceased's life.

    Shut Kol Mevaser (I:76) notes that although we never find an obligation to be buried in the land of Israel, it is certainly a Mitzva and unless a parallel obligation dictates otherwise (Mitzva L'Kayem Divrei haMes), one is doing right by a Niftar if he can arrange the internment in the land of Israel.

Shabbat Shalom