Translation:Shulchan Aruch/Yoreh Deah/364

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Shulchan Aruch by Yosef Karo, translated from Hebrew by Wikisource
Yoreh Deah 364

Seif 1: It is forbidden to benefit financially from the building-grave, but the earth/land of a grave is not forbidden.

(Rama: And there are those who say that it is forbidden to derive benefit from the land that is removed from the gravesite and then put back [onto the grave after the body is buried], since [the earth] is [initially] removed but in the end combined [back with the grave].

And there are those who also forbid sitting on the stone that is put on the grave as a headstone. And there are those who disagree and permit this.

One may derive benefit from the tools used to dig [graves] and bury [bodies]. One should not use [these items] without the knowledge of the gabai [i.e., the manager of the graveyard], as in [the case of] all public property.)

And this [forgoing law]--that it is forbidden forever [to benefit from] a building-grave--applies only if it was built for the sake of a dead body [being buried there], and a dead body [is in fact] put there, even with the [prior] understanding that [the dead body] would [subsequently] be moved. And [the prohibition applies] even if only a stillborn is buried there. However, if it was built for someone [to be buried there], and the person was not buried there, it is permitted [to derive benefit from the building-grave].

And so too, if one is buried [in the building-grave] with the [prior] intention to [subsequently] be moved, and they did not designate it from the beginning, it is permitted [to derive benefit from the building-grave] after the [body] is moved. But if one is buried there with the intention of remaining there indefinitely, it is forbidden [to derive benefit from the building-grave], even after [the body] is removed, even if it was not built [specifically] for that person’s sake.

And if [a building-grave] was not built for the sake of a particular person, and that person is buried in it, and they add a wall [to the building] for the sake of the person [buried there], it is forbidden [to derive benefit] from the entire structure, even after the body is removed, and even if the body was buried there with the [prior] understanding that it] would [subsequently] be moved. And if they can identify the wall that was added for the sake of the person [buried there], they may remove it, and it alone is forbidden, and it is permissible [to derive benefit] from the remainder of the grave.

Seif 4: If a Jew is found killed, they bury the person as the person is found, without a shroud and without removing even the person’s shoes.

Rama: And the same is done to a woman who died during childbirth or to one who fell and died. And there are those who say that a shroud is placed on top of their clothing. And it is customary not to put a shroud on them like [is done] for other dead bodies, [but rather] only to bury them in their clothing, and on top of [their clothing they put] a sheet like [is done] for other dead bodies.