In the Sgula Cemetery in Petah Tikva, the grave of baby Uziel Khoury, who was buried in the 1950s, was opened yesterday (Monday) for a DNA test after his name was linked to the Yemeni children's affair. A DNA test, and as early as 1997, ten graves were opened in the Purple Cemetery.
Just like that, opening graves is a forbidden act according to Halacha.
The prohibition is justified for two reasons: the depravity of the dead and the anxiety of the law.
According to the sources, the opening of the tomb is an injury to the dignity of the deceased, since he is seen in a state of decay or even as a skeleton or bone remains;
In addition, the opening of the tomb causes anxiety to the soul of the dead, as the soul fears that the Day of Judgment has come.
These prohibitions, which are also joined by the prohibition of removing the dead from his grave, are the reason why ultra-Orthodox demonstrations are held at archeological sites where tombs or bones suspected of belonging to Jews are discovered.
Despite the prohibition, the opening of graves was permitted in several cases, including when the deceased had to be identified to allow an aguna or when the age of the deceased had to be determined.
In light of these halakhic precedents, the accepted halakhah is that it is permissible to open the grave and even evacuate the remains of the dead when this is done for the benefit of the deceased or in his honor, and there are no prohibitions on depriving the dead and fearing the law.
The grave of Uziel Khoury, Photo: Yossi Zeliger
A committee of the Chief Rabbinical Council that dealt with it decided that the opening of tombs would be allowed to investigate the disappearance of Yemeni children, in accordance with several reservations:
Representatives of the Ministry of Health, who are responsible for removing and examining the remains, will not take more material than is required from the grave, and the amount of material taken from the grave will be as minimal and minimal as possible.
After opening the grave and removing the remains, they are taken to the National Center for Forensic Medicine by ambulance, where they undergo an initial anthropological examination, which includes arranging the bones in anatomical order, measurements, photographs, and various relevant assessments and comparisons.
Bone samples are then transferred to a biological laboratory for the production of a genetic material.
In the lab, the researchers cut a tiny section of the bone sample and ground it.
A liquid sample of DNA is then extracted from the material which can be compared to the DNA of the relatives.
The rest of the material is returned to the rest of the skeleton.
In cases where the skeleton could not be identified by DNA testing - a small piece of bone is kept outside the grave for future identification.
The document compiled by the Chief Rabbinate states that after the process is completed in the laboratory, all the remains taken from the grave, including the remains that have been processed and turned into a liquid, will finally be returned to the grave in as short a time as possible.
To prevent a possible kidnapping, the Chief Rabbinate ruled that any change from the proposed process would be brought before the Honor Committee.
In addition, it was determined that a representative of the Chief Rabbinate or someone on his behalf would be entitled to stop any investigative process, if at his discretion a deviation from these provisions was discovered.
Excavations in the past at the Sgula Cemetery at the graves of Yemeni children revealed the remains of 22 bodies in ten graves - something that also happened during the excavation of the tomb of baby Uziel Khoury.
After the remains of two skeletons were found in the tomb, the excavation was stopped until further legal approval was obtained.
Such a possibility has already been raised in a document prepared by Rabbi Prof. Avraham Steinberg, a medical and halakhic expert in 2018, who stated that in the grave of one deceased may be the bones of more than one deceased, due to a brother burial that was customary in burying children or moving the ground. For the remains of one deceased person to be swept under the condition of another deceased person, this condition requires the consent of the relatives of the deceased deceased to open the graves of their loved ones and to remove the remains of the bones from them for examination in the laboratory.
Although the opening of neighboring tombs raises the halakhic question of the depravity and fear of the law, Rabbi Prof. Steinberg suggests that opening the tombs to separate the bones of the deceased is an act done in honor of the deceased and their benefit and allows the opening of additional tombs.
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