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Rav Amar Responds to Chevra Kadisha’s Refusal to Bury a Fetus


amarJerusalem Chief Rabbi Shlomo Amar Shlita responded to the painful story of the Jerusalem couple who gave birth to a still born 8-month-old fetus. As was reported, the father feared permitting the hospital to take care of burial for reasons of kovod hameis and the chevra kadisha explained it does not deal with kvura of a fetus, but this is handled by a special company which works with the hospitals.

Speaking with Kol Berama Radio Rav Amar spoke out on the case, insisting “we must permit this incident to pass”. Rav Amar feels the chevra kadisha to sit with rabbonim, perhaps together with the government ministry and minister responsible for kvura, and a solution must be found.

The rav explains that the matter of kvura is quite sensitive and in cases such as these, the situation is all the more fragile. Hence the required measure of sensitivity must be exhibited by persons involved. He explained there are halachos as how to deal with the fetus and a child that does not survive 30 days. There are halachos regarding nichum aveilim and when we do not and regarding the standing in rows following the levaya. In this case Rav Amar explained these practices are uncalled for.

Rav Amar feels there was no reason not to permit the bereaved father to participate in the levaya if this situation demanded it and in this case, “they did not know how to address his grief”.

“Actually we must say something unacceptable was done here and we must take advantage of the incident to make order and learn to deal with the emotions. For example, the chevra kadisha should come and sit with the rabbonim and learn the lessons that must be learned”.

Following the unfortunate incident, Hadassah Ein Kerem Hospital released the following statement to the media.

After the mother’s miscarriage, the fetus in question was brought to the hospital morgue on June 12, 2015 in line with the father’s request. On Sunday the father arrived to take the fetus as hospital protocol permits. He showed a burial permit and the appropriate signed documents. The fetus was placed directly in his hands wrapped in line with regulations. It is stressed the entire incident occurred without any violence on the part of the father.

(YWN – Israel Desk, Jerusalem)



3 Responses

  1. Does this mean that YWN will issue an apology as it was first reported “The father removed the fetus from the hospital in violation of regulations.” which implied he did something wrong, yet now we find out “the father arrived to take the fetus as hospital protocol permits. He showed a burial permit and the appropriate signed documents.”. Was it an honest mistake or a blatant cover-up for the chevrah kedishah?

  2. Let’s not forget that the father is dealing with a big court case now; he has a few felony charges against him and the court hearing was supposed to be that day and told them he was busy with a family tragedy and burying his child…… It is a family tragedy when someone suffers a miscarriage this late. But it’s one that happens often and the past actions of this father and the charges against him show a diff kind of person . One that consistently tries to elude law. Him taking this child in a suitcase was a cunning plan to move his court case date….

  3. re: Geula

    Where are you getting your info that “the father is dealing with a big court case now”. nowhere do i see that Yosef Bornstein is in any sort of legal trouble, can you please back up your sources.

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