“A Precious Gem In The Grave”
A Moral Dilemma for the Shabbos Table
By Rabbi Yitzi Weiner
There is a mitzva to bury a dead body, and not cremate or desecrate it in any way. This is one way we demonstrate respect for the deceased. (See HERE for inspirational stories about the mitzva of Kevura, burial, that you might like to share with your family.)
This brings us to the following true story that was asked to Rabbi Efraim Oshry in the Kovno Ghetto, during the Holocaust.
In the Kovno Ghetto, food was scarce and tightly rationed. One individual named Chaim wanted to find a way to buy some additional food for his hungry family. There was no way he was able to leave the ghetto. He had a friend named Meir who was a forced laborer who left the ghetto every day with a team of fellow ghetto inmates to build a factory for the Germans. Chaim had a very expensive gem that he thought he might be able to sell to be able to buy some extra food. He asked Meir if he would be willing to try to sell the gem when he left the ghetto. Understanding the risks, Meir agreed to help his friend Chaim. Meir sewed the jewel into the lining of his clothing and left the ghetto with his labor team.
After Meir reached the labor area, he wanted to speak to a non-Jew to offer to sell the jewel. It was strictly forbidden for any non-Jew to speak to a Jew wearing a yellow star. In order to make the exchange, Meir quietly removed his star, and attempted to sell the jewel. Unfortunately, Meir was spotted by a Nazi officer, and recognized as a Jew. The Nazi quickly shot and killed Meir. The Nazis had Meir’s body transferred back the ghetto where the Jews performed a funeral and buried Meir with his clothes in the Jewish cemetery.
Several days later, Chaim, the owner of the jewel realized that his jewel was still sewn in the lining of Meir’s clothes, buried in his grave. Chaim really needed that jewel. He had the following moral dilemma.
On one hand, there is a mitzva that normally prohibits opening up a grave several days after a corpse is buried. Part of the reason for this is to show respect to the deceased who would not like his decomposed corpse exposed in public. Normally it would not be permitted to open up a grave even to retrieve money for inheritors.
But on the other hand, in this case, Meir gave up his life for his friend Chaim, by trying to sell his jewel. If we would be able to speak to Meir, he would surely want to return the jewel to Chaim, its rightful owner. Meir surely does not want to permanently hold on to the jewel. Perhaps Meir would be posthumously doing the mitzva of returning a lost object. Is it possible that this prohibition would be waived if we can assume that the deceased would waive this right for respect? Can we assume that Meir would want us to open up the grave in this case? Would the fact that this is a shas hadchak, a case of pressing need, allow leniency in this case?
Chaim asked Rav Oshry whether he should leave the grave closed and not disturb the grave, or if it perhaps might be permitted in this case
What do you think?
See Shailos V’Teshuvos Mimamakim Volume 2 Siman 12
Answer to last week’s moral dilemma:
(click here to review the question)
A similar story is discussed in Veharev Na Volume Two page 496
Rabbi Yosef Elyashiv answered that it would not permitted to give this picture to the family initially, because it would be genaivas daas, deceiving them. He would have to offer to return the fee.
However, if the photographer already gave them the gallery, then b’dieved, after the fact, he would not have to return the money because they did receive a reminder of the Simcha.
Have a wonderful shabbos!
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