06 Sep The 9/11 Memorial in Halachah

As a New York resident who worked in Manhattan on September 11, 2001, I will forever be haunted by the tragic day and its aftermath. However, visitors and future generations, including my own children, need more than personal memories. The 9/11 memorial and museum are intended to provide that. What does halachah say about how such a memorial should be built?

I. Monuments

The Torah (Deut. 16:22) explicitly forbids erecting monuments. After the Holocaust, Jewish authorities grappled with the need to remember and the biblical prohibition forbidding monuments. Medieval authorities debate the nature of this prohibition. Rashi (ad loc.) states that the Torah forbids erecting (single stone) monuments for sacrifices to God similar to those used by idolators. We may only use altars (made of multiple stones) in our worship of God. Similarly, Semag (prohibition 41) lists two requirements to fall under the prohibition: the monument must be made of a single stone and used for sacrifices.

However, the Rambam (Sefer Ha-Mitzvos, prohibition 11; Mishneh Torah, Hilchos Avodah Zarah 6:6) defines a forbidden monument as one where people gather. In order to fall under the biblical prohibition, it need not be made of a single stone nor be used for sacrifice or any other form of worship. The Chinuch (403) explains that since monuments were used for idolatry, we may not use them for anything, even the service of God. While only a minority view, the Rambam’s position cannot be easily dismissed. The codes and responsa literature do not offer much guidance on this subject.

II. Gravestones

However, the Rambam himself (Mishneh Torah, Hilchos Avel 4:4) rules that we must erect gravestones for the deceased. Is this not a monument that should be biblically forbidden? The Rambam here follows the Mishnah (Shekalim 2:5) and its accompanying Talmud Yerushalmi which state that a Torah scholar does not need a gravestone because his Torah insights serve as a memorial. However, everyone else requires a gravestone, which the Mishnah calls a “nefesh,” a soul.

At the unveiling of the Chasam Sofer’s gravestone, his son and successor, the Kesav Sofer, asked why we erect a monument for Torah scholars against the conclusion of the Yerushalmi and Rambam (Responsa, Yoreh De’ah 178). He explains that for most people, we write their names on their gravestones so their relatives and friends will pray for them. The gravestone is intended to benefit the deceased’s soul (nefesh). Righteous people do not need this help. Their gravestones are for the visitors to pray in the merit of the righteous, a service to others and not the deceased.

The Minchas Yitzchak (1:29) explains that a gravestone is not important in itself. It is secondary to the grave and therefore not comparable to an idolatrous monument. He was asked whether a community could erect a monument for Holocaust victims. He answered that this would be biblically forbidden according to the Rambam unless they include the remains of someone deceased, such as ashes or soap made from humans, which would render the monument a gravestone.

The Minchas Yitzchak quotes two halachic authorities who disagreed with him. R. Yehudah Leib Tzirilson (Ma’archei Lev, no. 42) and R. David Sperber argue that since monuments for the dead are never used for idolatry, they are not subject to the prohibition even according to the Rambam. R. Weiss was not convinced by this argument.

III. Gravestone Substitutes

Rav Moshe Feinstein (Iggeros Moshe, Yoreh De’ah 4:57) implicitly disagrees with the Minchas Yitzchak. He was asked whether someone who does not know where his parents are buried is still obligated to erect a gravestone, perhaps at an empty plot in a cemetery. After discussing and rejecting various prooftexts, Rav Feinstein concludes that there is no basis to obligate a child to erect a gravestone in such a situation. His discussion assumes that erecting a gravestone without a buried body in the grave is permissible, implicitly ruling against the Rambam or interpreting his position differently.

Rav Feinstein proceeds to deciding the most appropriate way to memorialize a deceased relative whose burial site is unknown, making a crucial distinction. A gravestone without a grave gives honor to no one. And if we cannot directly honor the deceased among the dead, we should honor him among the living. Therefore, Rav Feinstein suggests, a child should erect in honor of the deceased a building–or donate partially to a building–that will be used for educational or charity purposes. Let his name be remembered as enhancing religious lives.

IV. Museums and Monuments

We see three methods for memorializing the dead, each appropriate in different circumstances:

We place a monument, a gravestone, near the burial place for the sake of the deceased’s soul

For the righteous, we place a gravestone at the burial place for the benefit of visitors

Elsewhere, a monument is either forbidden or inappropriate. Instead, we build educational or charitable institutions.

A 9/11 monument, listing the names of the deceased, is appropriate for the site where some remains still rest. It is a burial site, a grave for individuals and for the nation that mourns them. Some of the buried may qualify as righteous, whether as victims of a vicious attack or would-be saviors, rushing to assist the injured. The monument commemorates the fallen and allows us to pray for them and for ourselves.

If a graveside monument is impossible, an educational institution–including a museum–is a proper additional commemoration. It should not be a place to merely revisit the tragedy. As an educational institution, this museum must teach the lessons of 9/11. To me, those lessons are about patriotism, bravery and selflessness.