Laws of Guarding and Honoring the Deceased
Is it permissible to perform an autopsy? And why is the guardian of the deceased exempt from all commandments?
- בהלכה ובאגדה
- פורסם ו' חשון התשע"ח

#VALUE!
Guarding
The family must guard the deceased to prevent "autopsies" from being performed, as this is completely forbidden according to our holy Torah. It is common in hospitals to persuade a woman who has miscarried to agree to let them take the fetus to the laboratory, claiming they want to examine the cause of the miscarriage. However, she should be careful not to agree to this under any circumstances.
The Chief Rabbi wrote (Yabia Omer Vol. 3, Yoreh Deah 23:26): "It is absolutely clear that it is forbidden to dissect a deceased person for the purpose of learning medical science. Our rabbis have protested this in their books, including: Rabbi Meir Shapira of Lublin in his responsa Or HaMeir who came out strongly against those who dissect the dead. Similarly, the Dovev Meisharim responsa wrote against them. The Minchat Elazar responsa also wrote bitterly against the false doctors who dissect bodies of the deceased. It deeply pains us and our hearts tremble at the scandals occurring in hospitals in Israel regarding autopsies and dissections. This plague has spread to medical schools where they treat dead bodies like clay in the potter's hand. All this stems from their denial of Jewish sanctity and their abandonment of religion and belief in the immortality of the soul. Without morality, people become lawless. For this our hearts are sorrowful and our eyes have darkened. As if the tragedy that befell the deceased's family were not enough, they add to their grief by abusing the corpse. Destruction upon destruction they join together, through doctors who are newcomers, whom our ancestors never imagined. About this it is said (Lamentations 2:13): 'For your ruin is vast as the sea; who can heal you?' In many cases, it has become known that internal organs from corpses were completely taken by doctors and kept by them without any burial. Woe to a generation that has come to this. May Hashem repair our breaches speedily in our days, Amen."
Who may be autopsied after death? - See below (page 332) in the words of our great Rabbi Yosef Chaim, and the Chief Rabbi Ovadia Yosef.
Psalms
One should make an effort not to leave the deceased alone until burial. Instead, Psalms should be recited near the body, even before midnight, as this is necessary to protect it from harmful entities, accusers, and evil spirits. [This is why they are called "Zemirot" (songs), because through Psalms one cuts off and prunes the oppressors and accusers]. Even if a mourner is guarding his deceased, he should recite chapters of Psalms. (A 129, 378)
Even on Shabbat, the deceased requires guarding, and Psalms should be recited to protect them. (D 208)
The Guardian is Exempt from Commandments
One who guards the deceased, even if not a mourner or relative, is exempt from reciting the Shema and from all commandments, because one who is engaged in one mitzvah is exempt from performing another. If there are two guardians and the time for prayer and Shema arrives, one guards while the other recites, and afterward they switch. (Shulchan Aruch Orach Chaim 71:3-4. A 194)
It is forbidden to recite the Shema within four cubits [2 meters] of a deceased person or within a cemetery, because it is written (Proverbs 17:5): "One who mocks the poor insults his Maker" [as it appears to be mocking the deceased, who is now poor and destitute, unable to fulfill the commandments, for there is no one poorer than this]. If one transgressed and recited the Shema with its blessings, they have not fulfilled their obligation and must recite the Shema again, as the Sages penalized them for violating their words. However, one should not recite the blessings again, as we are lenient with blessing uncertainties, since according to Raavad one has fulfilled the obligation. (Section 71:7 and Mishnah Berurah. A 194)
Eating Near the Deceased
It is forbidden to eat in the room where the deceased is present, as this is considered mocking the dead and disrespecting them. If there is no other place to eat, one should set up a partition [that will not move in a normal wind] between oneself and the deceased and then eat. If one has nothing with which to make a partition, one should turn their face away from the deceased and eat. (A 151)
Smoking
If one who guards the deceased and recites Psalms for their rest is accustomed to smoking and cannot restrain themselves, they may turn their face away to smoke, as smoking is considered like eating and drinking as mentioned above (A 151). See the booklet "Medicine in Halacha and Aggadah" (page 11) regarding the terrible dangers of smoking, and everyone should stay completely away from it.