Is it permissible to build a second story above graves to be used for burying the poor when the cemetery becomes crowded, even if the lower graves are empty?

Firstly: The correct burial is in the ground, in a grave that prevents the emission of odors and the digging up by predators. Burial on the surface of the earth with a structure is not sufficient, except in cases of extreme necessity, such as land where water appears. In such a case, wood or planks are placed to prevent water, and the deceased is buried. In the case of multiple burials in one place, each deceased must be separated by a barrier.

Secondly: If cemeteries become constricted and individual burial is difficult, it is permissible to bury at two levels. The first deceased is buried at the lower level and covered with earth, and the second is buried above them. If that is not possible, it is permissible to construct an upper level out of necessity, with the deceased covered by planks and a wall separating them from others. Necessity is estimated by its measure. It is not permissible to expand the construction of graves or adorn them. Nor should land for cemeteries be withheld, nor should their prices be exaggerated.