Parshas Chayey Sara opens with a detailed description of Avraham Avinu procuring a burial plot and interring Sara Imeinu. The Rav zt"l commented that this account has halachic import. It highlights the halachah of kever Yisroel - viz, that Jews must be buried apart from gentiles in an exclusively Jewish cemetery. In a broader sense, the halachah of kever Yisroel epitomizes that the Torah delineates for us our unique approach not only to living but to death and burial as well.
Baruch Hashem, in general our community faithfully upholds the uniquely Jewish approach to death and burial. I would, however, like to focus attention on one element of our conduct. All too often we approach the mitzvah of kevura (burial) without any sense of urgency. Our attitude towards kevura does not place a premium on promptness. This slow motion approach stands in marked contrast to the alacrity mandated by the Torah.
The Torah in parshas Ki Teitzei stipulates "lo talin nivlaso all ha'etz"; it is forbidden to leave a meis (dead person) overnight. He must be buried promptly. This alacrity is also mandated by a mitzvas aseh (positive commandment) - "ki kavor tikbireno bayom hahu". When kavod hameis (respect for the deceased) warrants it is permissible to postpone the kevura. Examples of kavod hameis include procuring a coffin and shrouds, as well as notifying the community and allowing relatives to attend the funeral. In all other instances, when kavod hameis is not a compelling factor, prompt kevura is absolutely required. (And, of course, even kavod hameis concerns must be addressed as expeditiously as possible.)[1]
Two unique halachos attest to the singular importance of prompt burial. First of all, the halachah of aninus exempts - indeed, prohibits - the seven immediate relatives (parents, spouse, sibling, children) from fulfilling all other mitzvos aseh (positive commandments) from the time of death until burial. This remarkable stricture is intended to ensure their single-minded devotion to and preoccupation with burying the deceased relative.[2] Second of all, Chazal (our rabbis) allow amira l'akum (instructing a gentile to perform prohibited labor on our part) in the event of a death on the first day of yom tov (holiday). In the event of a death on the second day of yom tov, Chazal suspended the sanctity of the day with regard to kevura. Both of these rabbinic prohibitions (i.e. amira l'akum and yom tov sheini) do not apply in the case of a meis in order to facilitate prompt burial. [3]
The mitzvah of immediate kevura encapsulates basic teachings of Yahadus (Judaism). First of all burial is not a means of disposing of human remains. Instead it is a source of kaparra (atonement), of indescribable benefit to the deceased.[4] This process of kaparra ought to be initiated as expeditiously as possible. Hence the alacrity associated with kevura.
Moreover, in Yahadus, the body, due to its partnership with the soul, is holy. Even in death that partnership has not been permanently sundered because of the promise and prospect of techiyas hameisim (resurrection), the re-unification of body and soul. Accordingly, even in death the body is deemed holy and to be treated accordingly.[5]
The word for holiness in lashon hakodesh (Hebrew) is kedusha. Kedusha etymologically denotes separateness and, thus, consecration for a particular (usually hallowed) purpose. Hence, the definition of kedusha offered by my father zt"l as "purposiveness".[6]
To allow the body, holy even in death, to gratuitously lie idly unburied is thus degrading. The holiness of the body demands prompt kevura.
May we merit fulfilling this mitzvah properly until such time as we merit the fulfillment of the prophecy, "bilah hamoveis lonetzach u'macha Hashem Elokim dimmah mei'al kol panim" (G-d will eliminate death for all eternity and erase tears from all faces).[7]
[1] Re. the above halachos see Yoreh Deah 357 and Gesher HaChaim vol. I ch. 7
[2] Berachos 17b-18a and Tosafos ad loc.
[3] Beitzah 6a (C.F., however, responsum of Rav Moshe Feinstein zt"l for a novel different rationale)
[4] Sanhedrin 47b
[5] Malbim to Breishis 23:20
[6] Torah U-Madda Journal vol. VIII, p. 33
[7] Yeshayahu 25:8