November 10, 2010: The Ways of Peace

Dear Chevre (Friends):

(Note: these comments constitute the third installment in a series.)

The JCOGS Cemetery Rules and Regulations document reads: “There are two sections: Chesed and Emet. The Chesed Section is for those who are Jewish… The Emet Section is for those who are Jewish, non-Jewish members of JCOGS and non-Jewish spouses or relatives of JCOGS members, or their cremated remains*.”

The historical trajectory tracing the Jewish burial of non-Jews provides a brief lesson in the evolution of Jewish law, illustrating that social circumstances sometimes influence the adoption of legal rulings to a greater degree than precedent. The practice of excluding non-Jews from Jewish cemeteries is recent by Jewish standards—only eight hundred years old, or so! Originally, the injunction carried the force of minhag (custom), rather than halachah (law)—although it is a truism that minhag followed over the course of generations quickly obtains the force of halachah. In fact, the Talmud expresses the exact opposite of current practice: “We bury the dead of the Gentiles along with the dead of Israel for the sake of the ways of peace…” (bGittin 61a) Rashi, the preeminent sage from 11th century France, was the first to prohibit the burial of Gentiles among Jews. Rashi adds an additional phrase to the text in his interpretation, the one in italics: “We bury the dead of the Gentiles along with the dead of Israel for the sake of the ways of peace… but not in Jewish graves.” (Later commentators explain Rashi to mean that if Jewish and non-Jewish corpses are found piled together on the ground, after a battle or natural disaster, for example, then it is permitted to help non-Jews bury their own in non-Jewish cemeteries, but not in Jewish ones.) Because Rashi’s comprehensive commentary on the Talmud became authoritative throughout the world, and has remained so to this day**, Jewish law quickly embraced his legal opinions (although some sages, such as Rabbi Joel Sirkes of Poland, continued to rule in favor of the presence of non-Jews within Jewish cemeteries, as late as the 16th century). But why did Rashi seemingly gratuitously tack on a few words that appear to contravene the plain meaning of the Talmudic text? I surmise that Rashi reacted from deep-seated mistrust of the dominant Gentile population, since he lived during a period of intense persecution, when marauding Crusaders were constantly threatening Jewish inhabitants with death and destruction.

Having provided some historical background on the burial of non-Jews, I now return to our own cemetery policy. It is one of those fault-line issues that threatens to divide an umbrella community such as JCOGS, similar to our kosher kitchen policy—and perhaps even more so. Death, by its very nature, stirs up passion. My own observation is that even relatively unobservant practitioners of Jewish traditions revert to orthodoxy when confronted with matters of grave concern, so to speak. I respect the deep-seated feelings of devotion, loyalty and kinship that compel many of us to abide by the practice of burial among other Jews only. Just as one may feel strongly about spending eternity next to one’s beloved spouse, one may feel just as strongly about spending eternity with one’s own people. The question, whether non-Jews may be buried in a Jewish cemetery, is analogous to the question, whether a mosque may be built near Ground Zero. In both cases, although there might be legal grounds for lenience, nevertheless, in deference to the highly charged emotions of those who have (or will have) died and their mourners, separation should be maintained. Such was the predominant consideration that motivated our decision at JCOGS, recognizing the extraordinary sensitivity of the matter on all sides.

The final clause in the relevant subsection of the JCOGS Cemetery Rules and Regulations document deliberately hearkens back to the basic Talmudic source, quoted above. At the same time, it reflects our highest aspirations for accommodating the diversity of our community, which embraces Jews and non-Jews, and which embraces Jews of all beliefs and persuasions. The clause reads: “The two sections are separated by a path called Derech Shalom, the way of peace.”

Rabbi Brian
rabbi.brian.besser@gmail.com

*This article deals only with the issue of non-Jewish burials, not the issue of cremation.
**When I studied Talmud at Yeshivat Simchat Shlomo in Jerusalem, the baseline text and its embedded Rashi commentary were equally revered as sacrosanct and unerring.