신명기 21:23의 응답

לֹא־תָלִ֨ין נִבְלָת֜וֹ עַל־הָעֵ֗ץ כִּֽי־קָב֤וֹר תִּקְבְּרֶ֙נּוּ֙ בַּיּ֣וֹם הַה֔וּא כִּֽי־קִלְלַ֥ת אֱלֹהִ֖ים תָּל֑וּי וְלֹ֤א תְטַמֵּא֙ אֶת־אַדְמָ֣תְךָ֔ אֲשֶׁר֙ יְהוָ֣ה אֱלֹהֶ֔יךָ נֹתֵ֥ן לְךָ֖ נַחֲלָֽה׃ (ס)

그 시체를 나무 위에 밤새도록 두지 말고 당일에 장사하여 네 하나님 여호와께서 네게 기업으로 주시는 땅을 더럽히지 말라 나무에 달린 자는 하나님께 저주를 받았음이니라

B'Mareh HaBazak Volume IV

1) When it is impossible to bury the body on account of some duress, such as because of the laws of the country, there is no prohibition of leaving a body overnight,1The prohibition of leaving over a dead body is learned from the verse in Deuteronomy 21:23, brought down in the Gemara, Sanhedrin (46a) and codified in the Shulchan Arukh (Yoreh Deah 357:1). And there is a negative commandment of, "do not leave over," here as well. According to some decisors, there is also a positive commandment of, "surely bury him on that day.
If they did not bury him until sunset (when it is possible), they have then transgressed the positive commandment. And if they delayed it until dawn they have then also transgressed the negative commandment (though there are some that say that they already transgressed the negative commandment from the beginning of the night); and there is no mention among the decisors of twenty-fours regarding this topic. And if he dies at night, there are some that have the practice of burying him before the dawn.
However once the duress is no longer present, the prohibition reappears, and the dead body can only be left overnight for the honor [of the one who died].2Everything said in footnote 1 is when they left it overnight without extenuating circumstances. However when they left it overnight for his honor, it is permissible, as it is brought in the Gemara, ibid., and codified in the Shulchan Arukh, ibid.
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