An Israeli court upheld a decision denying a widow’s claim for cremation costs for her husband, killed by Hamas, citing religious law.
Orthodox Jewish Law and Burial Practices
According to Orthodox Jewish principles, a deceased body must remain intact even after death, as tradition holds it will be resurrected upon the arrival of the Messiah. Consequently, exhumations, autopsies, and cremations are generally prohibited.
The Case of Joram Bar Sinaj
Joram Bar Sinaj died defending his daughter and grandchildren from terrorists. After a two-week identification process, the family chose cremation in accordance with his wishes. His widow sought reimbursement of 14,000 shekels (approximately 17,000 PLN) from Israel’s social security equivalent, as the law mandates state coverage of funeral costs, cemetery plots, and tombstones.
Court Ruling and Widow’s Response
The insurance fund rejected the claim, a decision affirmed by the court on Wednesday. The judge ruled that current law does not list cremation as a reimbursable form of burial, as it is not part of the traditional burial process in Israel.
Previous Cases and Allegations of Religious Coercion
While several similar past cases were settled with state payouts without official recognition of the procedure, the widow rejected such an offer. She deemed it discriminatory and announced an appeal, accusing the state of imposing religious coercion.
Religious Law and Civil Regulations in Israel
Religious law directly influences certain civil regulations in Israel, particularly those related to personal life. Marriages and divorces are exclusively governed by religious institutions – rabbinates for Jews, Sharia courts for Muslims, and ecclesiastical courts for Christians.
Restrictions Based on Religious Law
The absence of civil marriage means individuals unable or unwilling to undergo religious marriage, such as interfaith or same-sex couples, must travel abroad. In some cities, public transportation and commerce are limited on Shabbat, and during the Jewish holiday of Passover, many food products, including bread, pastries, and donuts, are prohibited in public institutions.