- Family and Society
- Burial and the Cemetery
A deceased’s last wishes.
Question
I have a moral dillema and a conscience. I am an executor in a last will & testament, drawn up by a non-practising Jew. I am not Jewish.
The deceased, a widower, was a vey long-standing friend of mine. He was a physician. He worked and retired in a small village. He left instructions in his will that he wanted to be cremated and his ashes scattered over his village. He considered that his family had effectively abandoned him for the last years of his life. The deceased’s family were not listed as benficiaries.
Before the funeral arrangments could take place, the deceased’s children and relatives, all scattered around the world, raised a fuss with me and asked that the deceased should be buried according to Jewish traditional custom. The local Jewish Burial Society would make the arrangements.
On reflection I decided that the family should not suffer any more and allowed the deceased to be buried by Jewish Law. I denied my friend’s last wishes.
Question: Who did I have a greater moral obligation to carry out the funeral arrangements?
The Deceased? The Family, and at the same time perhaps Judaism?
Answer
There is a principle in Jewish law to honor the wishes of the deceased, and you are correct to be concerned. However, this rule does not apply if those wishes contradict a specific statute of Jewish law. Since the obligation of burial is such a statute, it was proper to allow such a burial.
Normally concern over honoring the deceased wishes could take precedence over concern about the family, especially if the deceased specifically did not want the family's wishes respected because they had abandoned him. In this case, I belive you acted properly, as I indicated above.

Reinterment
Rabbi Yirmiyohu Kaganoff | Tammuz 27, 5768

Burial Question
Rabbi Yoel Lieberman | Iyyar 3, 5780

Saying prayers at the grave
Rabbi Jonathan Blass | 21 Shevat 5763

Burial and kaddish for a child under 5 days old
Various Rabbis | Nisan 23, 5768

Rabbi Chaim Tabasky
Rabbi Chaim Tabasky teaches a shiur in gemarah at the Beit Midrash program of the Machon Hagavoah l'Torah at Bar Ilan University. He is also a certified examiner of STa"M (Sifrei Torah, Tefillin and Mezuzot) and a narrative therapist.

Saying Shma in Space
29 Iyyar 5764

Names of Our Fathers
19 Sivan 5764

Bowing in the First Bracha Shmone-Esre
12 Sivan 5764

Business Question
5 Tammuz 5764

Food, medications and Yom Kippur
Rabbi Yoel Lieberman | Av 13, 5780

Sitting for Tefillin
Rabbi David Sperling | Sivan 12, 5772

Eating in Shiurim
Rabbi David Sperling | Tishrei 7, 5775

Mezzuzah for Non Jew
Rabbi David Sperling | Iyyar 18, 5773
Which pray jew can pray for pass away friend non jew?
Rabbi Moshe Leib Halberstadt | Elul 21, 5783

Tefillos Rosh Hashanah
Rabbi Ari Shvat | Tishrei 3, 5784

chelev oblation
Rabbi Ari Shvat | Elul 25, 5783
