Shulchan Arukh Yoreh De'ah · Siman 357

Shulchan Arukh Yoreh De'ah 357 — English translation

Translation: Code of Hebrew Law by Chaim N. Denburg, Montreal, 1955. Section numbers match the Hebrew text above.

1. 1It is prohibited to leave the corpse [unburied] over night, unless they left him over night for the sake of his honour, [viz.,] to provide for him a coffin or shrouds, and the negative command, “his body shall not remain all night upon the tree” (Deut. XXI, 23). Cf. ibid. 46b. Some hold that only the negative command is transgressed, since the positive command refers only to those executed by Court. Cf. Yad, Sanhedrin XV, 8 and v. Leḥem Mish. Yad, Ebel IV, 8. however, Sifre Deut. ibid. and Torah Temimah a.l. Cf. also A.R.N. § IV; Zohar, Emor 88a-b; Naso 142b-144a. The prohibition is only against keeping the corpse over night until the morning, but if kept over only part of the night, there is no transgression involved, only that it is considered a praiseworthy act to bury the corpse as soon as possible (v. infra par. 2) — P.Tesh., Yad Abraham. Even if one was a completely wicked person throughout his life, he must not be kept over night. If there is a government law in force, forbidding burial immediately after death, the above prohibition does not apply. If a corpse was found and it is not known for sure who the individual is, the law is that it is permissible to keep him over until he is identified — P.Tesh. or [professional] lamenting women, or in order that relatives should [have time] to come, or to assemble [surrounding] townships [for his funeral]. where Pi‘el form ( שמע ) is found. Our text has the Hiph‘il form. Both may be used. I Kings XV, 22; I Sam. XV, 4.
2. 2[With respect to] all [other] dead, whoever removes the bier hurriedly is [considered] praiseworthy; for one's father or mother it is [considered] reprehensible, unless it was on the eve of the Sabbath or on the eve of a Festival, and Asheri. Otherwise, the burial would have to be postponed until the day after the termination of the Sabbath or the Festival. or if rain was pouring down on his bier. and BaḤ to M.K. ibid. This may refer to a case where the bier is in an open place exposed to the rain, or it may have commenced to rain on the way to the cemetery — B.Yos. Cf. ibid. for other reasons.

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