Delaying a Funeral
Question
In Shulchan Aruch it says that even though there is an issur d'oraisa to not bury a deceased person on the same day that they died, it is permitted to delay the burial in order to allow others far away to travel there to attend the funeral. Who are the people referred to here that it is permitted to wait for them? Does this include people who are not religious? How far away do they have to be?
Answer
Shalom!
Thank you for your question.
You are correct that a Jewish burial is to take place as soon as possible following death, preferably the same day. This requirement is based on a verse in the Torah regarding one who has been sentenced to death, as it says: "… his body shall not remain upon the tree all night but, rather, you must bury him the same day." (1)
So yes, as a general rule it is forbidden to leave a body unburied overnight. (2) Therefore, one should always make the effort to hold a funeral and burial before sunset on the day of death.(3)
Efforts to bury the dead on the same day they die is especially important in Israel in general, and in Jerusalem, in particular. This is because delaying burial is said to “defile the land.” So too, burial brings atonement for the deceased which is something we want to have implemented promptly.
As you correctly note, it is permitted to delay burial when it is in order to show honor to the deceased. (4) This limited dispensation is generally only reserved for a family member who would be reciting the Kaddish prayer or for someone known to have been especially important to the deceased. (5) Even when it is permitted to delay a funeral efforts should be made not to delay more than 24 hours but often travel arrangements and the like require more time.
The requirement to bury the dead the same day only applies to Jews.
Source
2 YD 357:1.
3 Sefer Hachinuch 537; Mishna Berura 72:6.
4 Sanhedrin 47a.
5 Evel Rabati 11; Perisha, YD 357:1; YD 357:1