Close-up of ancient oak tree roots merging with forest soil

A burial vision informed by law and Halakhic sources.

Not an innovation, but a return to the roots.

The Halakhic Dimension

Direct earth burial in linen shrouds is the original Halakhic norm in Israel. It is not new - it is how Jews have been buried for centuries, fulfilling the fundamental commandment: 'For dust you are, and to dust you shall return.'

Trees Above Graves - What is Permitted?

In our reading of the sources, the relevant Halakhic discussion concerns planting fruit trees directly above a grave, due to the concern of deriving benefit from the deceased (hana'ah min ha-met). The proposed plan examines non-fruit native forest trees, such as oaks and terebinths, alongside a 2.5-meter distance to protect the grave physically. The classification and distance will be reviewed with qualified Halakhic guidance.

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The sources themselves

In their exact wording, with a link to the full text.

For dust you are, and to dust you shall return
Genesis 3:19View full source

The verse behind the principle of returning to the earth, on which direct earth burial rests.

You shall surely bury him that day... so that you do not defile your land
Deuteronomy 21:23View full source

The source of the burial obligation. In our reading, tying burial to keeping the land undefiled is precisely the spirit of ecological burial.

Until Rabban Gamliel came and treated himself lightly, and was taken out in linen garments, and the people followed his practice
Babylonian Talmud, Moed Katan 27bView full source

The source for simple linen shrouds. Rabban Gamliel gave up ostentation so burial would not burden families - the same principle of simplicity we follow.

It is proper to bury directly in the ground
Shulchan Arukh, Yoreh De'ah 362:1View full source

The explicit ruling preferring direct earth burial over a coffin - the basis for the burial method Yaar Ad plans.

The reading of the sources presented here is our own study, not a rabbinic ruling. We would welcome examining it together with Halakhic authorities.

The Legal Framework

The planned operating model is to establish a Public Benefit Company that will seek a burial license from the Ministry of Religious Services, in a format similar to existing organizations such as Menuhat Olam Netanya. The company has not yet been established and no license has been issued.

Subject to project licensing by the Ministry of Religious Services, we are working to enable families to exercise eligibility for burial grants from the National Insurance Institute, as is customary at recognized cemeteries.

The planned legal model is for each burial plot to be registered with a restrictive covenant for the family in the Land Registry, and for the Yaar Ad site to be registered as a public trust. The model is under legal review; no registration has occurred because a site has not yet been selected.

Once the legal model described above is completed, a grave at Yaar Ad is expected to have stronger legal protection than most traditional cemeteries in Israel.

The letter of the law

From the Right to Alternative Civil Burial Law, 1996.

A person is entitled to be buried according to their worldview in an alternative civil cemetery, if they so choose
Right to Alternative Civil Burial Law, 1996, Section 2View full source

The right the initiative rests on: every person may be buried according to their worldview, at an alternative civil cemetery.

The minister shall designate a location, subject to all law, to serve as an alternative civil cemetery
Right to Alternative Civil Burial Law, 1996, Section 4(a)View full source

The section obligating the state to designate a site for an alternative civil cemetery. That allocation and licensing process is exactly the stage Yaar Ad is at.

Provided for general explanation; not legal advice.