New York – Is one allowed to plant trees in a cemetery? And if one does so are the fruits permitted?
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In today’s Daf in the Gemorah (Bava Basra 100a) the Mishna discusses the parameters and dimensions of various types of pathways. The Mishna and Gemorah explains that when a funeral takes place there is no barrier or limit to where the mourners may go. The Gemorah explains that this is on account of Yekara deShachva – the honor of the deceased.
In other words, the fact that the mourners are not encumbered by boundaries and fences is viewed by the Gemorah honor to the deceased. But what about other issues? If a cemetery is particularly hot, would planting trees also fall under the concept of Yekara DeShachva? Or does the concept of Yekara DeShachva only apply at the procession itself?
It would seem that it would. Generally speaking, one should not plant grasses in a cemetery – not only because of the prohibition of deriving benefit from the deceased, but because it is a public cemetery. The Chelkas Yaakov (YD 208) rules that trees are different from grasses. Trees provide shade for the mourners and allow them to stay longer. This fits under the parameters of Yekara DeShachva and it would be perfectly permitted to plant those trees. The Chelkas Yaakov also rules that since the trees were planted with halachic permission, their fruit would also be permitted.
As an aside, on March 11th, 2009, the New York State Senate passed a law that it is forbidden to enter a funeral procession and block it and or disrupt the orderly progression and movement of the funeral procession. The law became effective immediately. Numerous states have such traffic laws. The earliest reference or precedent this author could find in any written historical, legal or literary text for this idea is our Mishna in Bava Basra 100a.
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Does the traffic mitzvah apply to nonyiddishe levayas too?
“As an aside, on March 11th, 2009, the New York State Senate passed a law that it is forbidden to enter a funeral procession and block it and or disrupt the orderly progression and movement of the funeral procession. The law became effective immediately. Numerous states have such traffic laws.”
What a shame the law is never enforced in New York City and sourrounding areas….the greiving are given so little respect by others…it’s shameful.