Chevra Kadisha Burial Fees, Transfer of Remains, and Mesirah to Secular Courts

From: Rabbi Moshe Sofer

To: Rabbi Zalman

Description

The Chasam Sofer mediates a dispute between a founding Chevra Kadisha member (R' Yaakov) and the community of Loya over excessive burial fees charged to non-members and R' Yaakov's resort to secular courts. He affirms the right to transfer the deceased wife's remains to her ancestral burial site, sharply condemns the Chevra Kadisha's practice of charging arbitrary fees as contrary to gemilus chassadim, rebukes R' Yaakov for mesirah, and proposes a detailed compromise restoring communal membership and directing disputed funds toward mitzvah purposes.

Source: Shu"t Chasam Sofer YD §329

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