Kivrei Avos-The Story Of R. Mordechai Benet zt”l And The Chasam Sofer Zt"l

R. Mordechai Benet zt”l Rov of Nikolsburg, died while he was out of town, in a city called Lichtenstadt. 

He was buried, Al Tenai (on condition ) to be removed and reburied in Nikolsburg. 

When the time came to remove the body, the Yidden of Lichtenstadt refused to allow it to happen. 

The dispute was brought to the Chasam Sofer ( Shu”t 6 : 37). 
He writes even though people claimed to have heard from R.M.B. wanting to be buried in Nikolsburg, if it is from people who live in Nikolsburg, we can’t trust them because they are Nogeah Bedavar (biased). 

They want the Tzadik buried close to them so they won’t have to travel the distance. (to go to his Kever) 

The main reason the Chasam Sofer, did side with the Nikolsburg Yidden was because It is assumed that people want to be buried at Kivrei Avos or together with the rest of their family. 
The Rebbetzin and children of his were buried there. 

The Chasam Sofer gave a *conditional Heter to remove the Tzadik and rebury him In Nikolsburg. 


*The condition was, to be done in such a way, that there won’t be a problem (down the road) Goyim claiming that we allow the removal of bodies from kevorim .