Why is an eulogy given? TB Sanhedrin 46-7

Our dappim  TB Sanhedrin 46-7 discuss burial procedures for those executed by the court and then extend these procedures to all deceased. When it comes to burial and its aftermath there are some things that we do to honor the deceased and there some things we do to honor the survivors or at least not to bring shame upon them.

We honor the deceased by burying him as soon as possible. The Torah commands that after execution, the sinner is hanged. Nevertheless, the rabbis ordained that the time hanged is as short as humanly possible. We honor the deceased by burying him as soon as possible.

“The dead man hangs there for only a very short time, and then they immediately untie him. And if he was left hanging overnight, a prohibition is transgressed, as it is stated: “His body shall not remain all night upon the tree, but you shall bury him that day, for he that is hung is a curse of God” (Deuteronomy 21:23). That is to say: Were the corpse left hanging on the tree overnight, people would ask: For what reason was this one hung after he was put to death? They would be answered: Because he blessed God, a euphemism for blasphemy. And therefore the name of Heaven would be desecrated were the dead man’s corpse to remain hanging, reminding everybody of his transgression.

“Rabbi Meir said: The phrase “for he that is hung is a curse [kilelat] of God” should be understood as follows: When a man suffers in the wake of his sin, what expression does the Divine Presence use? I am distressed [kallani] about My head, I am distressed about My arm, meaning, I, too, suffer when the wicked are punished. From here it is derived: If God suffers such distress over the blood of the wicked that is spilled, even though they justly deserved their punishment, it can be inferred a fortiori that He suffers distress over the blood of the righteous.

"And the Sages said not only this, that an executed transgressor must be buried on the same day that he is killed, but they said that anyone who leaves his deceased relative overnight with-out burying him transgresses a prohibition. But if he left the deceased overnight for the sake of the deceased’s honor, e.g., to bring a coffin or shrouds for his burial, he does not transgress the prohibition against leaving him unburied overnight.” (Sefaria.org translation)

We also learn from the above Mishnah that providing shrouds, a coffin, (and I’ll add washing the body for burial (tahara-טהרה) is all done for the decease’s honor.

The Gemara then asks the question is the eulogy done to bring honor for the deceased or done for the sake and honor of the survivors? If the eulogy is done for the sake of the deceased, he can forgo his honor and asked that he not be eulogized. If the eulogy is done for the sake in honor of the survivors, the deceased can forgo the honor of others and the rabbi needsa to eulogized him.

The Gemara attempts 10 times to answer this question and finally resolves the question with the last baraita. I’ll begin with the question and then just quote the last attempt. Although I recommend you study the other nine attempts because you learn stories from the Torah, the Prophets, and the life of our sages.

“A dilemma was raised before the Sages: Is the eulogy delivered for the honor of the living relatives of the deceased, or is it delivered for the honor of the dead? The Gemara asks: What is the practical difference between the two possible reasons? The Gemara answers: There is a difference in a case where one said before he died: Do not eulogize that man, i.e., myself. If the eulogy is delivered to honor the deceased, he is able to forgo this honor, but if it is delivered to honor the living, he is not, as it is not in the power of one individual to forgo the honor of others. Alternately, the difference is with regard to whether it is possible to collect the eulogist’s fee from the heirs. If the eulogy is to honor the dead, it is possible to collect this fee from the heirs, even against their will, but if it is to honor the living, they are able to forgo this honor…

“The Gemara suggests: Come and hear a proof from a baraita: Rabbi Natan says: It is a good sign for the deceased when he is punished after his death and does not receive an honorable burial or eulogy, as his lack of honor brings him atonement for his sins. For example, if the deceased was not eulogized, or if he was not buried, or if a wild animal dragged his corpse, or if rain fell on his bier, this is a good sign for the deceased. Learn from the baraita that a eulogy is delivered for the honor of the dead, so that when he is deprived of this honor, he achieves atonement for his sins. The Gemara affirms: Learn from the baraita that this is so.” (Sefaria.org translation)

Consequently according to Jewish law, a person may forgo his honor and asked the rabbi not to eulogized him. Nevertheless, Joseph Trani, (1568–1639) or Joseph di Trani and today known as Maharit (Hebrew: מהרי"ט‎) was a Talmudist of the latter part of the 16th century who lived in Greece (adapted from https://en.wikipedia.org/wiki/Joseph_Trani), wrote that we don’t have to listen to an important Jew who doesn’t to be eulogized.