When Yemina Shoshan arrived in the Kiryat Malachi Cemetery to daven at the kever of her husband she was shocked to find a woman was buried in the plot alongside, the plot she purchased for herself.

When she probed the matter she learned that a woman by the name of Rivka Chaiak, who died young, was buried there two years ago, in a plot near her father since the nifteres’ mother is still alive. Yemina turned to the Kiryat Malachi Religious Council and officials told her that it was an honest mistake, explaining when she purchased the kever; the transaction information was not forwarded to them as it should have, and as such, the purchase was not recorded. They added this is the case with many plots in the area.

Shoshan turned to the courts, in May 2011, and the court stated that prior to ruling, it would be proper for Israel’s chief rabbi to rule on the Halachic ramifications of possibly exhuming the woman to clear the plot for Mrs. Shoshan after 120 years.

The question was brought to HaGaon HaRav Moshe Shlomo Amar Shlita, who ruled Rivka Chaiak may be exhumed to clear the plot, Kikar Shabbat reports. Mrs. Shoshan and members of the Kiryat Malachi Chevra Kadisha were summoned to Rav Amar’s office to discuss the possibilities towards resolving the matter. Rabbi Amar first probed regarding the possibility of exhuming Mr. Shoshan and then reburying him in a place with an empty plot alongside. The local rabbinate suggested an alternative site with two plots, but the Shoshan family rejected this.

A number of meetings were held and it became clear Yemina wanted the plot she and her husband purchased, unwilling to hear of moving his body to accommodate the situation. Realizing there were no other alternatives available, Rabbi Amar ruled in this case Rivka’s body will be exhumed and reburied, but first the religious council will explain to her family in detail how they erred, and buried her in a plot that belongs to someone else.

The religious council was surprised at the rav’s ruling, signaling it will abide by it after the civil court hands down its verdict to it has the legal backing in the mater. Officials add that when Justice Oded Meir, who asked for Rav Amar’s opinion issues the verdict, they will also seek an exact timetable regarding when the body should be exhumed and reburied.

(YWN – Israel Desk, Jerusalem)