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Moed Katan 022: Burial of Bnei Chutz l'Aretz in Eretz Yisrael
Hello Kollel Hadaf.
Something has been bothering me for many years, and I think that the best
time to ask it is now, with Daf 22.
We learned in the Daf cycle, and I don’t know where, that Hash-m comments
on the practice of burying people in Eretz Yisrael, … those people who have
spent their entire lives in Chutz L’Aretz.
Hash-m’s words are, … “Are you coming to be Metamei my Land?”
However we see at the top of Daf 22A, that Rava told the people of Bnei
Mechuza, that if the relatives are not accompanying the Mes to Eretz
Yisrael, then their Shiva begins when they turn around from the
procession. Artscroll on this Gemora, note 7 says ,… “The practice was to
take the bodies from Bavel to the land of Israel for burial”
And even if we say that the Gemora is not condoning the practice of Bnei
Mechuza, but merely telling us a Halachah as to when the Shiva of these
relatives begins, … it is still hard to understand how the practice was,
and still is, acceptable.
Thank You
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The Kollel replies*:
Let's start with the Psak of the Shulchan Aruch (363:1) that it is Mutar to
unearth a body buried in in Chutz l'Aretz and move it to Eretz Yisrael.
The GR"A there explains that it permissible because it is a Kaparah for the
Meis. The Pischei Teshuvah there brings a Psak of the Maharlba"ch that the
children of a Meis are allowed to have his body moved to Eretz Yisrael even
if he expressed his opinion, when he was alive, that it is not appropriate
to move a dead body to E"Y.
How does this square with the Gemara Yerushalmi (Kila'im 9:3) that says it
is Asur to bring people who died in Chutz l'Aretz to E"Y for burial because
of the Pasuk "v'Tavo'u v'Tetamu Es Artzi"? The Maharlba"ch (sited above)
says that this Yerushalmi is a Da'as Yachid and the Halacha is as stated in
the Shulchan Aruch (sited above). The Shevet haLevi (2:207) says that even
this Yerushalmi agrees that one can be brought to E"Y for Kevurah and that
it was only protesting against the wealthy Jews of Chutz l'Aretz who had
the resources to move to E"Y and didn't. For them it is a Kitrug to be
brought to E"Y for burial. Rav Moshe Sternbuch (Teshuvos v'Hanhagos I:707)
says something similar, that the Isur to bring a body to E"Y is only when
the Niftar could have moved to E"Y when he was alive without difficulty and
danger to life (which, says Rav Sternbuch, is the case for all Jews today).
Therefore, there is no difficulty in understanding the Minhag mentioned in
Moed Katan of bringing the dead of Mechuza to E"Y for burial. Either they
did not hold of the Yerushalmi's prohibition (Maharlba"ch) or they did not
consider the Yerushalmi applicable to them because they would have moved to
E"Y when they were alive if they had had the chance.
Kol Tuv,
Yonasan Sigler
*This is not a Psak Halachah
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