The gemara seems to be struggling with 3 different problems. 1. It is a degrading for a non-jew to do the burial. 2. It is degrading to violate yom tov for burial. 3. It is degrading to leave the corpse without burial.
It seems that on YomTov we consider the order of importance for these problems to be 3-2-1. Therefore, on Yom Tov rishon we allow the meis to be buried, but only through a non-jew so as to lessen the Yom Tov violation. On Yom Tov Sheini, it is less of a violation of Yom Tov so the order is 3-1-2. Therefore, we bury specifically through a Jew (even when a non-jew is available). But on Shabbos which is most severe, we are most concerned with #2 and therefore even though it is a only a derabonon through a goy, we do not allow it (see Tosafos Baba kama 81a).
The question is on Yom Tov Sheini, why did chazal have to turn it into "a weekday" for a meis? Is the reason because even things which are not really needed but do add to the kavod of the meis are more important than yom tov sheini and therefore they should be done. Or was it simply a method of lessening the degradation to yom tov by declaring it to be like a weekday in the presence of a meis, so they can be done, but they would not encourage doing things which aren't really integral to burial?
4 comments:
regarding the concern of leaving a meis without burial (halanas hameis) Rav Moshe (3:76) writes in a teshuva that this is not our concern in this sugya because it is a greater bizayon hameis to the meis to have to sacrifice Yom Tov observance (we are even meikil on halanah for lesser reasons). The only concern is the sirchon hameis, which Rav Moshe claims is now a non factor because of modern refrigeration.
In terms of the concern that it is wrong to be buried by a non-Jew see Rav Elchonon #25 where he differentiates between mitzvos in ma'ase and mitzvos relating to a totza'ah and therefore there is no problem with having a goy do it even though he can't do shelichus (like by building ma'akah al gagecha). Burial is totza'a oriented unlike kisuy hadam as is evidenced that if a corpse becomes unburied you need to rebury as opposed to blood that became uncovered.
aryeh,
i had a feeling that you would quote that teshuva. i find his assumption a bit difficult. it is true that acc. to mar zutra who says that you can only bury (on y.t. sheini by a jew) if the meis died before and was starting to rot - as rashi explains. but r' ashi who argues and says even when he just died you can bury him today, implies that even if there is not concern for the meis rotting. since we pasken like r' ashi one could argue that it has nothing to do with the concern of rotting but rather the general concern of kavod hameis.
furthermore, someone asked in my shiur, what would be if you had to be mechalel yom tov to transport the meis to a refrigirator (which would be a typical case). why would it be better to be mechalel yom tov to refrigirate him, rather than to be mechalel yom tov to bury him.
from your quote of r' elchonon it seems that he is discussing this from the perspective of fullfilling the mitzvah of burial. the point that i mentioned is that being buried by a non-jew is apparently a bizayon, otherwise we should say that on yom tov sheini also to bury the guy using a non-jew. it seems that the heter of burial by a jew on yom tov sheini is the way you should do it rather than doing through a non-jew.
I agree with both of your points. However, while I do think the undercurrent of the gemara is that you should ideally have the burial by a Jew, it is possible that the gemara does not say to get a non-Jew to bury him on Y"T sheini because it is a trouble that is not necessary to go through to find a non-Jew. It is dachuk to say this, but possible.
it is really a machlokes rishonim. the ran (3a bidapei harif) agrees with ramban that even if it is possible to do it through a goy on yom tov sheini, a jew should do it (not like r' acha mishivcha who says that if possible by a goy then a goy should do it. the rosh also quotes this opinion in the name of behag).
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