In the case of the WTC disaster, as of writing this article (Mar.,01,2002), for every two hundred deaths, five body-torso skeletal remains have been found, and out of the fourteen thousand body parts waiting for ID, it is estimated that another two hundred forty, body-torso or body-spinal-column remains will be identified. The total estimate is that for every two hundred deaths, seventeen such remains will be identified. Furthermore, according to halacha there is no basis to assume that those situated on the floors above the section of impact were totally burnt and no remains were left of them, because fire rises upwards. The reasons for rejecting this argument are as follows. Many bodies from these floors were ejected upon impact, and many jumped with the hope of landing into a fireman's net, these bodies were with head and torso. Until the building collapsed, there were some exits being used for evacuation from the upper floors. Therefore, many from the upper floors could have been trapped there when it collapsed. The fires were not limited to the upper floors, all the floors were burning with electrical fires also. They have found bodies and body parts from people who worked on the floors above the point of impact.

Therefore, even if a Rabbinical court ruled that the person is dead, the family cannot sit shivah until either they find the body- torso or body-spinal-column remains, or they wait until the office of the Medical Examiner has completed their search and body part ID and did not find these body parts. If anyone sat shiva before finding these body parts, or before the search and body part ID ended, it is considered that the mourning was in error, and when there is no longer hope of finding these body parts, or if they find these body parts after sitting shivah, they must sit shivah again, but they do not rend their garments again. If after giving up hope they sat shivah, and then they found the body in a sewer or the likes, they do not mourn again because more than one day elapsed from the time he was found until the ID was completed and the family notified. Some authorities say that the sons must nevertheless rend their garments again.

If after giving up hope they sat shivah and then they were informed that there was a body ID error and the skeletal remains consisting of head and torso or spinal column of their relative was buried by a different family in a non jewish cemetery, there are two opinions on the matter. The first opinion is that it is not a burial because he must be reburied in a jewish cemetery. The second opinion is that it is a burial even though he must be reburied according to his faith. Therefore, if the erroneous burial took place after they sat shiva, according to the first opinion that it is not a burial, it is as if they heard that they found the body the day after it was found and they do not mourn but the sons rend their garments according to some authorities, and this is the same ruling even if they sat shivah after this burial. According to the second opinion, since the burial was after they sat shivah, they do not mourn but the sons rend their garments according to some authorities. If however, the erroneous burial took place before they sat shivah, according to second opinion they mourned after burial as usual, therefore, the sons do not rend their clothing. When they remove the remains for reburial, when the grave is opened they rend their garments, and when they begin to remove the body they sit in mourning until the end of that day. They do not sit shivah again because they already sat shivah before according to halacha.

There are differences between the case where after giving up hope and sitting shiva they find the body, and where the body was buried and then dug up for reburial. In both cases the mourning period is only for the day that the body is found or the day they begin to remove the remains and it is not dependent on whether the family is or is not involved. Any mourners who hear about it the next day do not mourn but the sons rend their garments. In the first case there are those who say that the mourning is limited to the sons and no other relatives, and that the sons only sit in mourning but do not rend their garments. Others do not make a difference between this case and reburying the body. The rending of the garments should be done prior to sitting in mourning.

It is an important point to remember that the laws of mourning pertaining to finding or reburial of body parts, pertain only to the skeletal remains of at least the head and torso or spinal column.

The general halachik definition of burial refers to placing the body into a grave and covering it, or placing the body into a cave and sealing it. After ritual burial the mourning period commences. There are other definitions as well. If a person was drowned at sea in a ship, the ship is considered his burial place at sea and the mourning period begins when it is decided that he went under with the ship, but if he simply drowned there is hope to find the body floating in the water. However, if upon drowning it is decided to attempt to retrieve the body using modern technology as soon as they can, then as long as there is hope, they do not begin mourning since burial at sea is not the standard ritual burial, and there is hope to retrieve the body for proper burial. If they abandon the search, the mourning period begins the day the search is ended.

In a war situation where they cannot get to the cemetery and they do not know when they will be able to, halachik burial is when the coffin is sealed with nails or the like and placed in a room.

Then we are left with the question of whether a Cohen is allowed to pass over the area, since this area may contain a body part. Before the start of construction the Cohen can see in front of him on the solid foundation and avoid any suspicious object or any section that he cannot check. When they commence with the construction and when the buildings are in use, although the Cohen can no longer check if there are any body parts left, however, a questionable uncleanliness in a property that is frequented by the public is permitted to a Cohen.

We express our appreciation to the Office of the Chief Medical Examiner of the City of New York and especially to Shiya Rabowsky RPA-C, Deputy Director of Investigations, for their cooperation in our quest for the necessary information needed to make the proper decision regarding permitting a spouse to remarry, and when the family may begin the mourning period.