Sanctity of the Body

Utilizing the latest ground-penetrating radar technology, a team of archaeologists had claimed, a
number of years ago, that, in fact, rumors of William Shakespeare’s skull having been stolen are
probably true. If true, the famous bard’s skull was stolen from Shakespeare’s grave in his hometown of
Stratford-upon-Avon, England at the Holy Trinity Church burial site.
The new discovery brings new credence to what was thought to be a long-discredited claim that the
skull was stolen from the playwright’s grave by trophy hunters way back in 1794.
“We came across this very odd, strange thing at the head end,” lead archaeologist Kevin Colls, of
Staffordshire University, told the British newspaper, The Guardian. “It was very obvious.. that there was
something different going on at that particular spot. We have concluded it is signs of disturbance, of
material being dug out and put back again.”
The claim that the skull was stolen was first published in a magazine in 1879. Colls said the team
investigated a skull held at a church 15 miles from Stratford and found out that it could not be
Shakespeare’s.

A MAIS IS SACROSANCT
Halacha, of course, views a “mais” as sacrosanct and absolutely forbids violating it or disrespecting it.
Not that those eighteenth century grave diggers would follow halacha, or that it would apply to them,
but it is interesting to explore the Jewish view on a halachic mais.

FIVE DIFFERENT AREAS
There are five different areas in Halacha where this issue comes forth. We will briefly explore all of the
areas and sources that discuss honoring the deceased. It should be understood that the discussion is in
regard to Torah law that applies to relatives of those to whom Torah law is applicable. Indeed, this
author received a psak from Rav Dovid Feinstein to that effect in regard to a Ger whose brother was
arranging a cremation for his father.

BURYING A BODY AS SOON AS POSSIBLE
The first one deals with the obligation incumbent upon all Jews to bury a deceased body as
expeditiously as possible. This would include reinterring a skull that was taken illicitly. The book of
Genesis tells us that Man was created in the Divine image. It is a matter of utmost import in Jewish law
never to insult the Creator by leaving His Handiwork – unburied in a state of indignity and disgrace.
Maimonides describes immediate burial as a sacred obligation incumbent upon all of Israel, at all times
and in all places. This would apply, it seems, to a head that was stolen as well.

DISGRACING THE BODY
The second area deals with disgracing the body. The Talmud (Bava Basra 154a) deals with the
prohibition of disgracing or defacing the human body. This is a separate issue from the obligation
discussed above.

BENEFITING FROM A MAIS
The third area deals with a prohibition in ever benefiting from the deceased human body. It would be
absolutely forbidden to have a “head” as a trophy, heaven forbid. The Talmud in numerous places
(Sanhedrin 47b, Avodah Zarah 29b, as examples) describes how it is reprehensible to ever derive benefit
from a deceased human body. The only time an exception to this can be made is to directly save a
human life. However, to derive any physical benefit from a body is something that should be avoided at
all costs.

ISSUES OF THEFT
The fourth area deals with the notion of theft. The human body is sacred and belongs to no one but G-d.
It is for this reason that autopsies are absolutely forbidden as well. We cannot deface, cut open, and or
examine the body of a deceased family member. Just as they are not ours to examine or cut open, so
too are the bodies of our family members not ours to examine, cut open or explore even in an autopsy.
The issue is one of out and out theft as explained in the Talmud (Gittin 20a, Kiddushin 17a – see also Ran
Nedarim 47a).

SENSITIVITY
Finally, the fifth area deals with sensitivity. Jewish tradition tells us that the soul is in a state of anxiety
and anguish until it is buried in the ground. The more it sees its body being explored, cut, etc. the more
agitated the soul becomes. One of the most basic ideas in which a society can be judged lies in how that
society treats the helpless. Does our society abuse the weak, the elderly, the children – in short, those
who cannot speak up for themselves? If so, this does not bode well for us. By the same token we cannot
abuse the soul in its most fragile state.

PILEGESH B’GIVAH
It is this author’s view, by the way, that there seems to be a debate as to how to understand the
incident of Pilegesh b’Givah at the end of Shoftim. Rav Moshe Feinstein zatzal seems to understand that
the husband did not act incorrectly when the Pilegesh body was cut up. He explains in a response that it
was a situation of direct Pikuach Nefesh. Other commentators, however, seem to understand the
husband’s action as removed from Torah.

CONCLUSION
The ideas expressed in this article may seem new to the uninitiated. But these beliefs, customs and
traditions lie at the core of the Jewish nation. Whenever they are violated they cause extreme stress and
anguish to observant Jews. True, the discussion came up in regard to Shakespeare’s skull, but the ideas
and ideals discussed here are primary to what the Torah wishes us to aspire.
It is interesting, or perhaps ironic that , Shakespeare’s grave famously bears the poetic admonition,
“Blessed be the man that spares these stones, / And cursed be he that moves my bones.” Could it be
that he anticipated this reaction? Was this perhaps a divine retribution for having created Shylock’s
“pound of flesh?”