Laws of Delayed Burial and Chibut Ha'kever

Do Not Leave Overnight

It is forbidden for the relatives of the deceased to delay the burial overnight until dawn. If they transgress and delay the burial overnight, they violate the prohibition of "lo talin" (do not leave overnight). If they delay the burial for several nights, they violate this prohibition each night. (A 370, 375)

Burial Before Sunset

When someone passes away during the day, one should make every effort to bury them on the same day before sunset, as it is said: "You shall surely bury him on that day." This does not apply if the person passed away shortly before sunset when it is impossible to complete the burial on the same day. (A 370)

Delaying Burial for the Deceased's Honor

If the burial is delayed overnight for the honor of the deceased, such as to bring shrouds, or if one of the seven relatives who are in mourning is abroad and they want to wait until he arrives, this is permitted. All this is considered respectful to the deceased, as it is comfortable for him that his relatives are present at his burial. However, once the relatives have arrived, if they delay for another night, they violate the prohibition of leaving the body overnight. (A 375, 376, 378)

In the Old City of Jerusalem, since its sanctity is greater than other cities in the Land of Israel, one may not leave the deceased overnight even for his honor. (Tractate Bava Kamma 82b. Tashbetz, Shita Mekubetzet, Maharashal, Or Sameach, Sha'ar HaChatzer, Pe'at HaShulchan, Even Ya'akov Waldenberg). However, in the New Jerusalem, it is permitted to delay burial overnight for the deceased's honor. (A 377)

Will to Delay Burial

If someone instructed before his death that he should not be buried until after a full night has passed, his instructions should be completely disregarded, and he should be buried on the day of his death. (A 378)

Promptness

One should hasten to arrange the funeral as soon as possible. Anyone who unnecessarily delays the burial, even for a few hours, causes great distress to the soul, and a spirit of impurity rests on the deceased. (A 300. B 104)

Maran HaShulchan Aruch writes (Siman 357:2): For all deceased, promptly removing the body for burial is praiseworthy. However, for one's father and mother, it is inappropriate, unless it is Friday or the eve of a holiday, or if rain is dripping on the bier [meaning it was an overcast day and there was concern that delaying the removal would result in rain falling on the bier, or if upon bringing the body to the cemetery, rain was dripping on the bier along the way, hastening the procession to avoid delays is praiseworthy (Beit Yosef)]. The Nimukei Yosef writes that for a father and mother, whom one is obligated to eulogize and lament extensively, hastening the removal is inappropriate. Shevet Yehuda writes that the same applies to a Torah scholar who must be eulogized—one should not rush to remove his bier to the cemetery. Nevertheless, all this concerns not rushing the burial in order to extend the eulogy in their honor. However, regarding the funeral itself, one should certainly hasten to begin it as early as possible.

Protection from Chibut Ha'kever

Anyone buried on Friday from the beginning of the fifth hour of the day [approximately 10:15 AM in summer, 9:50 AM in winter] is spared from the punishment of Chibut Ha'kever. It is permitted to delay the burial until this time so that the deceased may be spared from this severe punishment.

It is explained by our Sages that the deceased faces the judgment of Chibut Ha'kever, which even the righteous undergo. Rabbi Isaac Luria writes in Sha'ar HaKavanot that we have a tradition that anyone buried on Friday after the fifth hour of the day is exempt from Chibut Ha'kever, because from the fifth hour, the additional time of accepting Shabbat begins, and it is considered as if the person were buried on Shabbat itself. This is the secret of the extra letter "Hei" in "the sixth day" (HaShishi), hinting that in the fifth hour of Friday, the additional time of Shabbat begins, which is why it is followed by "And the heaven and the earth were finished, and all their host," as from that hour it is considered as if it were already Shabbat. He also writes in Sha'ar HaGilgulim that anyone buried on Friday after five hours of the day, including the fifth hour itself, does not experience Chibut Ha'kever, because the sanctity of Shabbat separates the impure forces from him without the suffering of Chibut Ha'kever. [In the book Chesed L'Avraham Azulai, it is written that this applies specifically to those who live in the Land of Israel because of its sanctity]. Therefore, even if someone died on Friday morning, they can delay the burial until just before the fifth hour. Similarly, the book Shulchan Gavoah writes, "I have seen here in Jerusalem that if someone dies on Friday morning, they delay the burial until noon, because that is when the illumination of Shabbat's sanctity begins, and they are not punished with Chibut Ha'kever." (A 380)

The Radbaz wrote that it is forbidden to delay burial from Thursday to Friday to save the deceased from Chibut Ha'kever, because who is he who has the audacity to nullify the decree of his Creator. One who delays burial to Friday violates the prohibition of leaving the body overnight, and this is not considered delaying for the deceased's honor merely to save him from punishment. However, the Mabit wrote that if the relatives wish to delay burial even from Thursday to Friday after noon, so that the deceased may be spared from Chibut Ha'kever, they are permitted to do so. (A 381).

Which is More Severe, Chibut Ha'kever or Gehinnom, and How Can One Be Saved from These?

It is stated in Tractate Semachot (Chibut Ha'kever, Ch. 1, H. 8): The judgment of Chibut Ha'kever is harsher than the judgment of Gehinnom, for Gehinnom punishes only from the age of thirteen and above, but Chibut Ha'kever affects even the completely righteous, even weaned infants, even nursing babies, and even miscarriages.

It is further stated: One who lives in the Land of Israel and dies on Friday and is buried before the sun sets, at the time of the shofar blowing, does not experience Chibut Ha'kever. And anyone who loves charity, loves rebuke and acts of kindness, welcomes guests, and prays with proper intention, even if he resides in Babylon, will not see even the judgment of Gehinnom.

Rabbi Yosi says: If you wish to know the reward of the righteous in the future world, learn from Adam who was commanded with a minor precept and violated it, and death was decreed upon him and his descendants until the end of all generations. And whoever possesses Torah and good deeds, rises early and stays late to pray with proper intention, is saved from the judgment of Gehinnom and from the judgment of Hashem.

Saturday Night

If the deceased is buried on Saturday night, they should be buried immediately and not wait until after midnight, because there is still some illumination from Shabbat, which provides comfort to the departed soul. (A 326)