Question
Shalom
Are burials ever cinducted on Yom Tov- particularly on the second day Yom Tov in chutz la’aretz ?? and would that make a difference if the person was resident in chutz la’aretz and required to observe two days or not or not resident)
Kol Tuv
Answer
9 Tishrei 5771
The Shulchan Aruch (526:4) permits burial on the second day of Yom Tov since whatever the burial entails the Rabbis consider the second day as a week day. However, the Askenazi custom is to use gentiles if they are available. The Gesher Hachaim (17:2:2) says that also the Sfaradim today conduct themselves this way. In theory this should be the preferable way since in this way this is no issue of "Halanat Hamet"= leaving the deceased unburied overnight. In practice, however Rav Moshe Feinstein zt"l and Rav Shlomo Zalman Oirbach zt"l ruled that in places where burial on the second day will definitely cause desecration and disrespect of Yom Tov it is preferable not to bury on the second day even though this may cause leaving the deceased unburied for 3 days. This is indeed the practice in many places, however not all agree. (As Rosh Hashana and Shabbat came out together this year.)(See Mourning in Halacha pg. 143 and note 25)
The laws of how many days of Yom tov are kept apply to the people carrying out the burial not to the deceased.
Besorot Tovot and Gmar Chatima Tova
