Nazir 65A cites Bereshis 47:30 in Parsha Vayechi. The Essential Torah Temima explains it that based on Yaakov Avinu wanting to have his body carried out of Egypt that this means some Egyptian soil was to be taken with his body. And it further instructs that it is derived from here that if one finds [in an area from which it must be removed] a dead body interred in the usual manner [and not in te manner of the gentiles] he must remove it along with its surrounding earth.
I'm confused how someone coming upon a buried dead body of a Jew could possibly know a-priori whether it was buried in the usual manner for Jews or whether it buried in the manner of gentiles. Isn't this really something that can only be determined after it has been disinterred?
Is this same distinction significant to us today when living in modern Western countries? What are the distinctions? I am assuming it is mainly usage of a burial shroud and pure wooden coffin intended to decompose (if a coffin is used) as our usual way.
Chaim
Hi Chaim,
The Gemara brings Simanim that characterize a Kever as a Kever of a Nochri. The Rambam mentions a specific Siman: when you find that this person was buried with his head placed between his knees, this a proof that this person was not a Jew, since this a Nochri custom.
As you probably know, this topic arises from time to time usually during construction (particularly in Israel), when a tomb is found. The Poskim discuss at length to what extent is proof needed. It seems to be the consensus, though, that if we would find a tomb with a different proof that the person was buried in accordance with a Nochri custom, that would be enough, and the proof the Rambam brings is just the relevant example in the times of the Gemara.
Best Regards,
Aharon Steiner