There are many halachos regarding one who is deceased that do not apply if the deceased was cremated, rather than buried (some examples here at Halachipedia).

Do these halachos apply if the person didn’t ask to be cremated, but never specified against it? What about if they specifically said not to be cremated?

Is the issue that there’s an inherent problem with cremation, and it wouldn’t matter whether the person asked to be cremated or not? Or is the issue that they wanted to be cremated, so if it was done against their will we aren’t stringent against them?

If the second understanding is correct, what would be if they never specified either way? Since it was done, do we assume that it was with their will, or do we assume that no Jew wants to be cremated unless they say they do?


1 Answer 1


It says in the Gesher HaChaim that is the source of the Halachapedia article that this applies when the cremation was על פי צואת המת בחייו - at the behest of the deceased while he was alive.

So no, if it was done but the deceased hadn't specified that it be done, then this wouldn't apply.

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