Ros. Responsa 22 b

Ros. Responsa 22 b

Graves

1931

Bibliotheca Rosenthaliana

Itshak Seeligmann

Seeligmann

Jore De'a

FALSE

A son wishes his father's remains to be moved next to his mother's, but there is another person already buried there by mistake. The father owns both plots.

One of the members of the community purchased after his wife's death a plot next to her grave. After he remarried, and she died, he also purchased a plot next to her grave. After he himself dies he is buried next to his second wife. And after some time his son comes from another country and he was extremely upset when he learned that they buried his father next to his second wife. He then goes to the community leaders and tells them:"what did you do? my father commanded me to burry him next to my mother, his first wife, for he wrote to me that he made me swear on his honour as the Torah commanded to burry him next to my mother. And I also write to him that I will do as he made me promise. and now you buried him next to the other woman. And although I know that he also purchased a plot next to her, he only did that in order not to upset her father and sister. Therefore it is my obligation to inter the remains of my father, and to burry him next to my mother" And the community leaders answered that they cannot fulfil his wishes, for they have already mistakenly buried another person next to his mother. And now the questions is what to do?