Common-Law Spouses And Jewish Cemetery Burial Rights

can common law spouses be buried in a jewish cemetery

Jewish cemeteries are consecrated exclusively for the burial of members of the Jewish faith. However, there are some Jewish cemeteries that have mixed burial sections, where non-Jewish spouses and children can be buried alongside their Jewish family members. These areas must be separated from the rest of the cemetery by a path, a road or a sidewalk of four amot (about 6ft). Liberal congregations have also allowed the indiscriminate burying of Jews and Gentiles together, but these are exceptions rather than the rule.

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Can common-law spouses be buried in a Jewish cemetery? Yes, but only in a "mixed burial" section of the cemetery, which must be separated from the rest of the cemetery by a path, a road or a sidewalk of "four amot" (about 6ft).

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Mixed burial sections in Jewish cemeteries

Jewish cemeteries are consecrated exclusively for the burial of members of the Jewish faith. However, there are some "mixed burial" sections in Jewish cemeteries where non-Jewish spouses and children can be buried alongside their Jewish family members. These areas must be separated from the rest of the cemetery by a path, a road or a sidewalk of "four amot" (about 6ft).

The BBC cites the example of Beit Olam, where wide gravel pathways criss-cross the cemetery. These look decorative but actually create the necessary boundaries between the Conservative sections, where only Jewish people can be buried, and the interfaith and Reform areas.

Liberal congregations have allowed the indiscriminate burying of Jews and Gentiles together. However, these are exceptions and are not the norm.

In the case of a remarried person, burial location depends on the expressed will of the deceased, if known. Otherwise, the next of kin makes this decision.

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Intermarriage

Liberal congregations have allowed the indiscriminate burying of Jews and Gentiles together, relying on documented cases where exceptions were made. However, these exceptions are just that – exceptions, and they do not set a binding precedent. The Reform movement's acceptance of patrilineal descent has also contributed to the pressure to allow the interment of non-Jewish spouses in Jewish cemeteries.

Some Jewish cemeteries have designated "mixed burial" sections where non-Jewish spouses and children can be buried alongside their Jewish family members. These areas are typically separated from the rest of the cemetery by a path, a road, or a sidewalk of about six feet (four amot) in width. This physical division symbolises the religious distinction between the Conservative sections, reserved exclusively for Jews, and the interfaith areas.

The decision to allow non-Jewish spouses burial rights in Jewish cemeteries is a contentious issue within the Jewish community. While some Reform rabbis support this change, others argue that civil marriage has no bearing on the Jewish cemetery, which is a part of the Jewish religious organisation. Ultimately, the position of a traditional Rabbi in these circumstances is a matter of interpretation and the specific circumstances of each case.

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Reform movement's acceptance of patrilineal descent

In Jewish cemeteries, there are often "mixed burial" sections where non-Jewish spouses and children can be buried alongside their Jewish family members. However, these areas must be separated from the rest of the cemetery by a path, a road or a sidewalk of "four amot" (about 6ft).

Liberal congregations have allowed the indiscriminate burying of Jews and Gentiles together, relying on documented cases where exceptions were made permitting the interment of a Gentile in a Jewish cemetery. However, these exceptions are just that: exceptions.

The Reform movement's acceptance of patrilineal descent has put pressure on community cemeteries to inter the non-Jewish spouses of Jews, people who underwent non-halakhic conversions, and people who consider themselves Jews by patrilineal descent.

Ultimately, the decision on whether a non-Jew can be buried in a Jewish cemetery depends on the specific cemetery and the community's interpretation of Jewish law.

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Jewish apostates

Non-Jewish spouses can be buried in Jewish cemeteries, but only in 'mixed burial' sections that are separated from the rest of the cemetery by a path, a road or a sidewalk of 'four amot' (about 6ft).

The Jewish faith does not recognise the concept of apostasy, and so those who have left the faith are not considered to have done so in a way that is valid or meaningful. As such, Jewish apostates are often treated with suspicion and distrust by the wider Jewish community, and may be ostracised or shunned.

Despite this, there is a recognition that Jewish apostates may wish to be buried in a Jewish cemetery, particularly if they have family members who are Jewish. In these cases, a rabbi may be able to make an exception and permit the burial, provided that the apostate is buried in a separate section of the cemetery that is designated for non-Jews.

It is important to note that the decision to permit the burial of a Jewish apostate in a Jewish cemetery ultimately rests with the rabbi and the wider Jewish community. While there may be pressure to allow the burial, particularly if the apostate has family members who are Jewish, the final decision is not always guaranteed to be in favour of burial.

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Unrecognised conversions

Jewish cemeteries are consecrated exclusively for the burial of members of the Jewish faith. However, some cemeteries have introduced "mixed burial" sections, where non-Jewish spouses and children can be buried alongside their Jewish family members. These areas must be separated from the rest of the cemetery by a path, a road or a sidewalk of "four amot" (about 6ft).

Liberal congregations have allowed the indiscriminate burying of Jews and Gentiles together, relying on documented cases where exceptions were made permitting the interment of a Gentile in a Jewish Cemetery. These include cases of Jewish apostates, unrecognized conversions, and Gentiles buried beyond the fence of a Jewish Cemetery. However, these exceptions are just that: exceptions.

The Reform movement’s acceptance of patrilineal descent has also put pressure on community cemeteries to inter the non-Jewish spouses of Jews, people who underwent non-halakhic conversions, and people who consider themselves Jews by patrilineal descent.

In the case of unrecognized conversions, it is not clear what the specific criteria are for a conversion to be recognized by a Jewish cemetery. It is possible that the cemetery follows the guidelines of a particular Jewish denomination, such as Orthodox, Conservative, or Reform, and that the conversion must be performed by a rabbi of that denomination. It is also possible that the cemetery has its own set of criteria for recognizing conversions, which may include factors such as the length of time since the conversion, the level of involvement in the Jewish community, and the individual's commitment to Jewish practices and values.

Frequently asked questions

Yes, some Jewish cemeteries have "mixed burial" sections where non-Jewish spouses can be buried alongside their Jewish family members. However, these areas must be separated from the rest of the cemetery by a path, a road or a sidewalk of "four amot" (about 6ft).

If a married couple separated during their lifetime, they may nevertheless be buried alongside one another, unless one of them requested to be buried separately.

A remarried person may be buried with any of their previous spouses. In this case, the burial location depends on the expressed will of the deceased, if known. Otherwise, the next of kin makes this decision.

Exceptions are sometimes made to allow the interment of a Gentile in a Jewish cemetery. However, these are just that: exceptions. A precedent is of no consequence unless it is argued cogently.

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