Buried by the Law? Israeli Court Fines Burial Society for Denying Woman's Grave Between Two Men
Religious tradition or unlawful discrimination? Israeli court slams burial society for banning woman from resting beside male friend.
A storm is brewing in the central Israeli city of Rehovot, where the local Chevra Kadisha, a religious burial society, has been ordered to pay NIS 55,000 in damages to a woman it refused to sell a grave plot to. The reason? Her chosen plot was between two men, one of whom, sources say, was a close friend — not a relative or husband.
According to Jewish law as interpreted by Chevra Kadisha, it is forbidden to bury a woman between two unrelated men. The burial society claimed it was upholding a long-standing halachic tradition that preserves the dignity of the deceased.
The woman, who wished to secure a burial plot in advance, brought the case to the Rehovot Magistrate’s Court through the Reform Center for Religion and State. In a landmark ruling, the judge dismissed the burial society’s halachic arguments, labeling the policy as discriminatory, negligent, and lacking good faith.
While Chevra Kadisha argued that their burial procedures reflect deep-rooted religious norms, specifically, that men and women should not be buried side-by-side unless they are first-degree relatives, the court was not convinced.
"The plaintiff was discriminated against on the basis of her gender," the judge wrote in her decision. She added that the woman had repeatedly expressed her belief that “men and women should be treated equally in life and in death” and that being denied the plot was a “humiliating violation of her dignity.”
The court also criticized the fact that the burial society had admitted this was their practice for decades, saying this only made the discrimination more severe. The judge emphasized the need for deterrence and ordered a substantial compensation to be paid — not just symbolic damages — to send a message to other religious institutions.
It’s worth noting that the woman specifically requested to be buried next to a male friend - not a husband or family member - which is explicitly forbidden under halachic burial practices. The burial society offered her alternative plots, but she insisted on the original location, triggering the legal battle.
The Rehovot cemetery is known for being the burial site of prominent Hasidic figures, including the late Rabbi David Moshe of the Karlin-Stolin dynasty. Many Hasidim choose plots near his resting place, creating heightened sensitivities around burial customs.
Asked to comment, Chevra Kadisha Rehovot : “No comment.”