Meoros Halachahalachahalacha

MEOROSMEOROSMEOROS HALACHAHALACHAHALACHA

TRACTATE YOMA

LAWS OF Y OM KIPPUR DIVIDED BY THE PAGES OF THE GEMARA

COMPILED UNDER THE A USPICES OF GEDOLEI Y ISROEL SHLITA MMEOROSEOROS HHALACHAALACHA

When one enters the Beis Midrash he should say, “May it be Your will, Hashem my God, that no mistake occur through me, and that I not stumble in a halachic ruling. May my peers rejoice with me, and may I not say of something impure that it is pure, or of something pure that it is impure. Let my peers not stumble in their halachic rulings, and may I rejoice with them” (Berachos 28b)

OUR GENERATION HAS MERITED A PROMULGATION OF TORAH STUDY, IN WHICH THE thunderous voice of Torah study emanates from shuls and yeshivos the world over. Myriads of Jews, of all backgrounds and cultures, immerse themselves in the wisdom of Torah, with joy and love and fear of God. The wellsprings of Torah pour out into rivers, stretching out to water the world with the wisdom of the Creator, and to quench the thirst for holiness that the Jewish people have always known. To all pursuits of holiness, a special assistance from Above is granted. The Divine presence is felt hovering over us, as the Torah takes root in our people and blossoms in its splendor. Every new tiding of advancement of the Torah’s boundaries is received with joy and interest, by lovers and pursuers of the Torah everywhere. Towering up high stands the structure of Daf Yomi, built decades ago upon sturdy foundations by the eminent leader of Israel, Rav Meir Shapira of Lublin zt”l. Since then thousands and tens of thousands of pursuers of Torah, young and old, scholars and laymen, have gathered under the walls of this veritable fortress of Torah. They have woven the Shas into the days and years of their lives, with relentless commitment to the daily daf. Thousands of Daf Yomi shiurim throughout the world, unique kollels for the study of the daf, monthly tests, weekly and monthly journals of commentaries; all these stand at the service of those who have chosen to make Daf Yomi an inseparable part of their lives, to the merit and pride of the entire Jewish nation. Especially now, when Klal Yisroel have raised high the banner of Torah study, we must turn our attention to the practical aspect of Torah, to apply that which we so eagerly learn. We must build upon the foundations of the mitzvos found in Shas, to understand the halachic conclusions that arise from them. Thus we fulﬁll the possuk, “And you will warn them of the statutes and the teachings, and guide them on the path that they must walk and the deeds that they must perform.” (Shemos 18:20) Our Sages attached great importance to the practical side of Torah study, realizing its essential role in guiding us on the path of God. Countless expressions of encouragement for halacha study are found throughout Shas, so much so that these few pages could hardly contain even a mere fraction. Among them we ﬁnd the famous words of Rav Chisda: “What is the meaning of the possuk, ‘Hashem loves the Gates of Zion more than all the dwelling places of Yaakov?’ (Tehillim 87:2) Hashem loves the places where Jews gather to study halacha, more than all the other shuls and yeshivos. This is as Rav Chiya bar Ami said in the name of Ula: Since the day that the Beis HaMikdash was destroyed, Hashem has no place in His world other than the four cubits of halacha.” (Berachos 8a)

Under the guidance and encouragement of Gedolei Yisroel shlita, we have taken upon ourselves this holy endeavor, to add yet another level to the tower of Daf Yomi that Rav Meir Shapira began. Meoros Halacha creates a framework in which two halachos are studied each day, interwoven with the subject matter studied in the cycle of Daf Yomi. The halachos are presented in a clear and concise format, accessible and relevant to students of all backgrounds. Thereby, the sugyos studied in their original source in the Gemara are seen again in the light of halacha. In addition to the practical signiﬁcance of learning halacha, Meoros Halacha also provides an opportunity to review the material learned in the Gemara from a different vantage point, adding depth and richness to the sugya. A team of gifted talmidei chachomim and distinguished Rabbonim invested painstaking efforts into researching the material and sifting through the primary sources, with uncompromising attention to details and the subtle nuances of halacha. All efforts have been made to present the material in a clear and readily understandable format. So much so, that one could rightly say that with just a few minutes each day in the study of these halachos, one can earn for himself his portion in the World to Come.

Let our prayers be accepted before He who granted us the Torah. May He grant us the privilege to succeed in our endeavors, and present before the students of Daf Yomi the halachos appropriate to each masechta. May we merit to realize our dream of completing the series of Meoros Halacha on the entire Shas. May the dedication of Klal Yisroel, in our study and observance of the holy Torah, be accepted with favor and grace Above, to awaken Hashem’s love for His cherished nation. May it be a merit before Him, to hasten our redemption, and may the words of the Prophet soon be fulﬁlled, “From Tzion will come forth Torah, and the Word of Hashem from Yerushalayim.” (Yeshaya 2:3)

The Meoros Halacha Staff

FOREWORD

Out of loving kindness for His creations, Hashem established one day each year on which to atone for their sins through their teshuva. Had He allowed the sins of His creations to amass year after year, their doom would be sealed after two or three years, and the entire world would be fated for destruction. Therefore, in His blessed wisdom, He saw ﬁt to maintain His world, by establishing one day each year to atone for the sins of those who repent. From the very creation of the world, this day was set apart and sanctﬁed. (Sefer HaChinuch, 185)

OUR SONGS AND OUR PRAISES GO OUT TO HASHEM, WHO HAS GRANTED US THE PRIVILEGE of seeing this day, in which we bring the Meoros Halacha supplement on Maseches Yoma to print. There is no end to our debt of gratitude for His assistance, which has accompanied us through every stage of this project. The fruit of much toil and painstaking research by a team of gifted talmidei chachomim and Rabbonim, we are pleased to present before you the halachos of Yom Kippur, culled from the rulings of the Shulchan Aruch and its commentaries. We have endeavored to bring the most pertinent halachos of this holy and awesome day, in order that each one of us will be able to prepare and purify himself, and return in sincere teshuva, according to the dictates of halacha. Thereby, may we merit to be worthy of the great kindness of Hashem, in granting us this holy day to atone for all our sins. As we were planning this work, we received requests to discuss many other points of halacha that are especially relevant in this day and age. However, we were advised by Gedolei Yisroel to include only those halachos that are stated explicitly in the Shulchan Aruch, its commentaries, and the classic Poskim. Therefore, we did not wish to develop their ideas, or apply them to cases that they did not discuss. In order to give a brief and clear synopsis of the halachos in the main text, many important details were moved to the footnotes. The details discussed in the footnotes have practical bearing on how to apply the halachos. When we felt the footnotes to be especially crucial, we made a note in the text to “see footnote.” The reader is strongly encouraged to peruse the footnotes as he studies this work. We would like to extend our heartfelt blessings to the Daf Yomi maggidei shiurim, who carry on their shoulders the merit of the community, by disseminating Torah study throughout the Jewish people. Since the Meoros Halacha project began, many maggidei shiurim have dedicated time from their Daf Yomi shiur to convey the halachos from the Meoros Halacha supplements. Each day, they present before their shiurim the “word of Hashem” – the practical halachos of how to fulfill the mitzvos properly (Shabbos 138b). We received numerous reports from maggidei shiurim whose students offered thanks for informing them of Torah and Rabbinic prohibitions, which they otherwise may have violated. As an important disclaimer, we warn our readers that this was not meant as an authoritative guidebook, nor was it meant to decide between the many debates among Poskim cited herein. It was meant only to bring attention to the general principles of halacha, thereby allowing the reader to pursue the subject further, and ask educated questions from Rabbonim when necessary. Any such rudimentary examination of a subject is bound to include unclarities, which may very well lead to incorrect application of the material. Details that seem insignificant may have great halachic bearing. Furthermore, it is quite possible that mistakes have been made in compiling, presenting, or translating this material. If any mistakes are found, we strongly request that the kind reader bring them to our attention, in order to correct them in future printings. Our heartfelt blessings and thanks go out to all those who assisted in this important project. May the merit of the Torah stand on their behalf. We offer our prayers to Hashem that He may guide and protect us, that we not mislead anyone with incorrect halachos, and that this treatise be of benefit to the entire Jewish people. In the merit of our study of the halachos of teshuva and Yom Kippur, may Hashem awaken in our hearts stirrings of teshuva, and may we merit to see the ultimate Redemption of Israel speedily and in our days, Amen

The Meoros Halacha Staff CCONTENTSONTENTS

THE TEN DAYS OF TESHUVA

Halochos of the Ten Days of Teshuva...... 8 Introduction “Seek out Hashem when He is to be found” Scrutinizing one’s deeds What is teshuva Questionable sins Bad character traits and false ideologies Beloved and cherished to Hashem Accepted Practices for the Ten Days of Teshuva...... 10 Learning mussar Seven days before Yom Kippur The four categories of atonement Chilul Hashem Teshuva with love, and learning Torah with pure intent Increasing Torah study Increasing mitzvos and good deeds Curtailing one’s business Kiddush levana Carefulness in Mitzva Observance Appeasing One’s Fellows...... 14 Sins between man and his fellow The obligation to appease those we have harmed Appeasing one’s father and mother Theft Consulting a Rav Lashon hora Accepting lashon hora How to appease Publicly asking forgiveness Asking speciﬁc forgiveness Asking forgiveness from one’s rebbe Teshuva for the bein adam l’Makom aspect Asking forgiveness on erev Yom Kippur The proper response for the offended party to take When is it not necessary to forgive? Removing hatred from one’s heart Slander The victim should present himself to the offender Asking forgiveness from the deceased Disgracing the deceased Prayer During the Ten Days of Teshuva...... 21 Avinu Malkeinu Avinu Malkeinu on Shabbos “Tear away the evil from our verdict” “From the depths I have called You” “The Holy King” and “the King of judgment” If one mistakenly recited “the Holy God” Immediately correcting the mistake If he began the fourth beracha If one made too long of a pause The King of judgment If one mistakenly recited “King Who loves righteousness and justice” If one made too long of a pause “Remember us for life” If one forgot to add these insertions Kaddish “...all blessings” “Makes the peace” Taking out the Sefer Torah Additions to Birkas HaMazon The Shabbos Shuva drasha Magen Avos Kapparos...... 30 The custom of kapparos Care must be taken while performing kapparos Leaning on the chickens Contemplating teshuva Using a white chicken Pidyon Kaparos Rooster and hen Pregnant women Using ﬁsh or other animals Kapparos with money

EREV YOM KIPPUR

Halochos of Erev Yom Kippur...... 34 Introduction Rejoicing on erev Yom Kippur Foods that should be eaten on erev Yom Kippur Eating bread Fasting on erev Yom Kippur A partial Yom Tov Avinu Malkeinu Davening by the graves of the righteous Immersing in a mikva on erev Yom Kippur Chatzitzos The proper time for immersing If one is unable to immerse May a mourner immerse Viduy (Confessing)...... 41 Introduction Who is obligated to confess Confessing on erev Yom Kippur Confessing during Mincha An additional viduy before Yom Kippur begins Viduy on Yom Kippur The individual’s Viduy The chazan’s viduy Standing for viduy The essence of viduy Fortunate is he whose sins are concealed Quietly specifying one’s sins Specifying, “For the sin of…” Confessing again sins one has already confessed Striking the chest Regret over the past and resolution for the future The order of viduy Interrupting viduy Thirty-nine lashes The last meal before Yom Kippur Which foods should be eaten Concluding the meal Eating after the Seuda HaMafsekes Tosefes Yom Kippur The time for Tosefes Yom Kippur Accepting the fast from plag hamincha time Men- tally accepting the fast Insulating foods for after Yom Kippur Bedieved Preparing food for a weak person Spreading out tablecloths Lighting candles for Yom Kippur Shehechiyanu Shehechiyanu when lighting Yom Tov candles Shehechiyanu when lighting Yom Kippur candles Accepting Yom Kippur when lighting candles Ner chaim Ner neshama “To honor that which Hashem has made holy” Yom Tov clothes White clothes Blessing children The blessing of tzaddikim Wearing a tallis

YOM KIPPUR

Halochos of Yom Kippur...... 62 Introduction Carrying The five afflictions The restrictions of Yom Kippur apply also at night Eating and drinking on Yom Kippur Tasting foods Smelling fragrant spices Inedible foods Swallowing saliva Touching food on Yom Kippur Feeding a child who could feed himself Washing on Yom Kippur Washing for enjoyment Washing hands in the morning Washing the face, eyes and mouth Washing hands after using the bathroom If a person entered a bathroom but did not relieve himself If a person touched the covered parts of his body If a person touched a shoe Washing hands before davening Washing hands before Birkas Kohanim Wet enough to impart moisture Wiping with a moist cloth Washing a sick person Immersing in a mikva Rinsing food Kalla Applying ointments Applying ointment to remove dirt from the body Applying ointment to a sick person Wearing shoes Non-leather shoes Where one cannot walk barefoot Walking on filth Immediately removing shoes Wearing shoes on opposite feat Preferable to wear other shoes Wearing shoes at home Wearing one shoe Ignoring mockery Standing on leather pillows Standing on pillows during Shemoneh Esrei “… Who has provided for all my needs” Marital relations Children up to age nine Children washing and applying ointment Children wearing shoes Babies that became soiled Training children to fast Training a girl to fast A child under age nine Eleven-year-old children The currently accepted practice Bar-mitzva age children

THE ILL ON YOM KIPPUR

Feeding the Ill on Yom Kippur...... 82 Introduction A sick person A sick person who does not wish to eat Eating in small measures If small measures do not sufﬁce If the sick person requests more food Limiting the amount of food A person who requires only food or drink Consulting doctors and Rabbonim Shiurim “Any soul who does not afﬂict himself” Eating within a kdei achilas pras Eating a k’koseves in more than kdei achilas pras Less than a shiur is still a Torah prohibition K’koseves Maleh lugmav K’koseves applies equally to all people Maleh lugmav depends upon the size of a person Combining different foods or drinks Combining foods with drinks Condiments Feeding a sick person on Yom Kippur Giving a sick person to drink How long to pause between servings Eating and drinking Soaking bread in a liquid Measuring foods before Yom Kippur Measuring liquids Kiddush Berachos before and after eating Additions to Birkas HaMazon Categories of Sick People...... 93 Trusting a doctor’s opinion Expert doctors An amateur who recognizes the illness A sickness that might progress into a risk of life If a sick person says that he does not need to eat If a sick person says that he must eat Pregnant or nursing women A woman who nurses a sick child A woman within three days after birth If she says that she need not eat From the third day after birth to the seventh After the seventh day Calculating the days Resting rather than eating 8 / Meoros Halacha

HILCHOSHILCHOS YOMYOM KIPPURKIPPUR

HALACHOS OF THE TEN DAYS OF TESHUVA

דףדף ב / עשרתעשרת ימיימי תשובתשובהה

Introduction

It is a positive commandment from the Torah for each person to repent of his sins. This commandment is repeated in the Torah and the Neviim. The Jewish people will be redeemed only through teshuva, and the Torah assures us that we are destined to repent at the end of the Golus, and then we will immediately be redeemed, as the possuk states, “And it will be when all these things befall you… you will return to Hashem, your God… and Hashem will return your captives, and have mercy upon you.”1 The merit of teshuva is so great that it reaches up to the Heavenly Throne of Glory, as the possuk states, “Return, O Israel, to Hashem your God.”2

“Seek out Hashem when He is to be found”

Although teshuva and prayer are always effective, they are especially effective during the Ten Days of Teshuva between Rosh Hashanah and Yom Kippur. During these days they are accepted immediately, as the possuk states, “Seek out Hashem when He is to be found.” Our Sages understood that this refers to the Ten Days of Teshuva between Rosh Hashanah and Yom Kippur. During these days, even a single individual who turns to Hashem is answered immediately.3 For this reason, it is an accepted custom among the entire Jewish people to increase their tzedaka and good deeds, and to engage in mitzvos between Rosh Hashanah and Yom Kippur, more than their standard during the rest of the year.4 It is also customary to wake up early to entreat Hashem with prayer and supplication.5 It is considered a severe sin for a person to refrain from teshuva, and to fail to increase his Torah study and good deeds during these days.6 1. See Rambam, Hilchos Teshuva 7:5. 2. Yoma 86a. Rabbeinu Yona writes that a person who sins and procrastinates his teshuva only adds to the severity of his punishment. This is because he knows that Hashem is angered with him, and that he has the opportunity to appease Him through teshuva, yet stubbornly refuses to do so (Shaarei Teshuva 1:2). 3. Rosh Hashanah 18a; Rambam ibid, 2:6. 4. Rambam ibid, 3:4. 5. Tur 581; Shulchan Aruch 602:1. 6. Chayei Adam 143. Tractate Yoma / 9

דףדף ג / עשרתעשרת ימיימי תשובתשובהה

Scrutinizing one’s deeds

During the Ten Days of Teshuva each person must make an accounting of his deeds, and repent of his wrongful acts.7

What is teshuva

The Rambam writes: “What is teshuva? It is when a sinner abandons his sins, turns his thoughts from them, and resolves in his heart never to repeat them, as the possuk states, ‘Let the wicked abandon his path…’ He must regret the past, as the possuk states, ‘After my return, I regretted,’ such that Hashem, Who knows all that is hidden, can testify that he will never return to his sins again, as the possuk states, ‘We will no longer call the work of our hands our god.’ One must confess his sins aloud, and speak out the repentance of his heart.8

Questionable sins

A person must be even more scrupulous in repenting from actions that are only questionably sinful. This is because a person who knows that he has sinned is more easily prone to regret than a person who is not convinced that he was wrong.9 Furthermore, if he is still plagued by doubt, the yetzer hora encourages him to continue in his path, claiming that he has done nothing wrong. Therefore a person must strengthen his resolve to return from questionable sins. Our Sages tell us that when a person attempts to purify himself he is granted assistance from Above.10

דףדף ד / עשרתעשרת ימיימי תשובתשובהה

Bad character traits and false ideologies

“Let a person not say that teshuva is only necessary for wicked deeds, such as illicit relations and theft. Rather, just as one must repent of these sins, he must also search out his heart for negative character traits such as anger, enmity, jealousy, mockery, and the pursuit of money, honor, gluttonous eating habits, and the like. These negative traits are harder to repent from than wicked deeds. Once a person has become accustomed to them, it is very difﬁcult for him to change.11 7. Rema 603:1, Mishna Berura s.k. 3. The Chayei Adam (143) expands upon this topic at length. 8. Rambam ibid, 2:2. 9. Rema 603:1, based on Rabbeinu Yona, Berachos ch. 1. 10. Aruch HaShulchan ibid, 3. 11. Rambam ibid, 7:3. The Aruch HaShulchan (602:5) adds that one must also repent of false ideologies and heretical notions, which are likened to tzaraas of the soul. In this last era before Moshiach’s arrival, the yetzer hora directs all its powers to this end. Our Sages tell us, “In the era before Moshiach, audacity will abound.” This refers to audacity against Hashem. A person must consider that he is but a small and 10 / Meoros Halacha

Beloved and cherished to Hashem

A baal teshuva should not be mistaken into thinking that because of his past sins he is far from the level of the righteous. Teshuva draws close those who were estranged. Yesterday he was hated, loathsome, disdained and abominable before Hashem. Today he has become beloved, cherished, and dearly drawn close, as if he had never sinned at all. Furthermore, his reward is great, since he has tasted the pleasures of sin and yet abandoned them, conquering his yetzer hora. Our Sages tell us, “In the place of baalei teshuva, even perfect tzaddikim cannot stand,” meaning to say that the baal teshuva is on a higher level than those who have never sinned. A person who sins and then returns ﬁghts a greater war against his yetzer hora than he who has never sinned at all.12

דףדף ה / עשרתעשרת ימיימי תשובתשובהה

Accepted Practices for the Ten Days of Teshuva

Learning mussar

One is obligated to learn mussar throughout the year.13 The Rosh writes that during the Ten Days of Teshuva, the appropriate mussar sefer to learn is Iggeres HaTeshuva by Rabbeinu Yona, which speciﬁcally addresses teshuva.14 Each person should learn the seforim that inspire him to teshuva and draw him close to Hashem’s service.15 During these days, a person should grieve over his sins and examine his deeds before he goes to sleep at night.16

insignificant creature of limited wisdom, misled by his animalistic desires. He must ask himself, “Who am I to question the teachings of the Torah or the words of our Sages? In my limited wisdom, I cannot even grasp the simple conversations of their students’ students. How dare I contest their words?” He should find strength in Torah, prayer and the Tehillim of David HaMelech, in fulfillment of the possuk, “The righteous shall live by his faith.” 12. See Rambam ibid, 4:6. 13. Mishna Berura 603 s.k. 2, citing the Arizal and Gra; Kaf HaChaim ibid 10, citing Birchei Yosef, see also Kaf HaChaim ibid 22. See also Shaar HaTzion, cited in the following footnote. 14. Mishna Berura, ibid. See Shaar HaTzion s.k. 6, who writes that the Rosh did not mean to imply that only during the Ten Days of Teshuva need one learn mussar. Rather, he meant that Iggeres HaTeshuva specifically discusses teshuva, and therefore he encouraged learning it during the Ten Days of Teshuva. The Mateh Ephraim (ibid, 4) and Kaf HaChaim (ibid, 21) citing Mateh Moshe write that one should also learn Sefer HaYashar by Rabbeinu Tam. 15. Mateh Ephraim ibid, 4. See loc. cit. that during these days one should dedicate his Torah study pri- marily to Maseches Yoma and its commentaries, to become familiar with the Yom Kippur service of the Beis HaMikdash. Our Sages tell us that learning the portions of the Torah that discuss korbanos is valued as if one had actually offered them. One should also learn the relevant halachos of the season. 16. Ibid, Mishna Berura s.k. 2, citing Mateh Moshe in the name of the Zohar. Tractate Yoma / 11

Seven days before Yom Kippur

The seven days between Rosh Hashanah and Yom Kippur correspond to the seven days of the week. During each of these days, one should do teshuva for the sins he had committed on that day of the week for all the weeks of his life. For example, on the Sunday of the Ten Days of Teshuva he should do teshuva for all the Sundays of his life; on Monday he should do teshuva for all the Mondays of his life, etc.17

דףדף ו / עשרתעשרת ימיימי תשובתשובהה

The four categories of atonement

Although teshuva achieves atonement for one’s sins, and Yom Kippur itself also enacts atonement, there are some sins for which one is immediately forgiven, whereas other sins require further conditions for atonement. In this regard, there are four categories of atonement. 1. If a person fails to perform a positive commandment and repents, he is forgiven immediately. 2. If he transgresses a prohibitive commandment that is not punishable by kareis or death by Beis Din, his repentance is contingent upon Yom Kippur to complete his atonement. 3. If he transgresses a prohibitive commandment that is punishable by kareis or death by Beis Din, his repentance and Yom Kippur are both contingent upon the suffering that will come upon him to complete his atonement.18

Chilul Hashem

4. The fourth category includes sins that caused a chilul Hashem (disgrace to Hashem’s Name). If a person has made a chilul Hashem through his sins, even though he has repented, observed Yom Kippur, and endured suffering, his complete atonement is achieved only with his death. Regarding this the possuk states, “This sin will not be atoned for you until your death.”19

17. Mishna Berura ibid, citing Yaaros Dvash. The Kaf HaChaim (562:14) cites from the Arizal that by fasting during these seven days and doing sincere teshuva, each day atones for the corresponding day of the week for all the weeks of his life. See Lev Eliyahu III (Teshuva 6,7), who writes that on the last week of the year, each day can rectify the corresponding day of the week for that entire year. 18. Rambam ibid, 1:4. 19. ibid. 12 / Meoros Halacha

Teshuva with love, and learning Torah with pure intent

The Sages of previous generations have assured us that these four categories apply only to a person who repents from fear of Hashem. If a person repents for love of Hashem, and learns Torah with pure intent, his sins are forgiven with teshuva alone, and he is not subject to the conditions of atonement described above.20

דףדף ז / עשרתעשרת ימיימי תשובתשובהה

Increasing Torah study

When a person repents, he should devote his heart to Torah study. If he was accustomed to learning one page, he should instead learn two. Torah study is of great signiﬁcance, since it brings a person to good deeds. A person should afﬂict himself by subjugating his yetzer hora into learning Torah and performing mitzvos. The discomfort this may cause him is considered a suffering of love.21

Increasing mitzvos and good deeds

It is an accepted custom among the entire Jewish people to increase their tzedaka and good deeds, and to engage in mitzvos between Rosh Hashanah and Yom Kippur, more than their standard during the rest of the year. The reason for this is that a person must view himself as equally balanced between merit and sin. The world is similarly balanced between merit and sin. Through one sin, a person can tip both himself and the entire world towards the direction of evil, and thus bring destruction upon us all. Through one mitzva, he can tip both himself and the entire world in the direction of merit, and thus bring salvation to us all.22

20. Chida, cited in Eleph HaMagen, 603:7. 21. Rabbeinu Yonah, Yesod HaTeshuva. 22. Rambam ibid, 3:4. The Mateh Ephraim (603:5) writes that in order to increase their merits, some have the custom to purchase a lulav and esrog during the Ten Days of Teshuva, in honor of the holiday of Sukkos which arrives soon after. However, the Chasam Sofer (Drashos for Sukkos I, p. 38 s.v. M.K. 9) cites from the Midrash that Hashem placed Sukkos four days after Yom Kippur, to allow us time to purchase the four species (lulav, esrog, hadasim and aravos) in the interim. The Midrash compares lulav and esrog to the ceremonial symbols of victory that soldiers would carry after their victory in war. The symbols cannot not be prepared ahead of time, since one cannot yet boast of his victory. The Shaarei Teshuva (625) writes that one should begin building his sukka during the Ten Days of Teshuva, in order to increase his merits. This contradicts the opinion of the Eliya Rabba, who implies that one should not begin building his sukka until after Yom Kippur. The Shaarei Teshuva cites from the Birchei Yosef that it is most preferable to build the walls of the sukka before Yom Kippur, and place the schach on top on motza’ei Yom Kippur. Tractate Yoma / 13

Curtailing one’s business

During the Ten Days of Teshuva, one should limit his business dealings, in order to dedicate his time to mitzvos, good deeds and Torah study, more than his standard during the rest of the year. He should also give more tzedaka than he is generally accustomed to give. This is a time of Heavenly favor, in which one’s prayers and good deeds are especially potent.23

דףדף ח / עשרתעשרת ימיימי תשובתשובהה

Kiddush levana

Kiddush levana should not be recited until motza’ei Yom Kippur. This is because during the Ten Days of Teshuva we are scrutinized by strict Heavenly judgment, and ﬁnd it difﬁcult to muster the joy with which kiddush levana should be recited. Our Sages tell us that on motza’ei Yom Kippur a bas kol (Heavenly voice) proclaims, “Go forth and eat your bread with joy.”24 Therefore it is an opportune time for reciting kiddush levana. However, some Acharonim hold that it is better to recite kiddush levana during the Ten Days of Teshuva, in order that this mitzva may be added to our merits, and perhaps tip the scales in our favor.25

Carefulness in Mitzva Observance

It is proper to observe mitzvos with exacting strictness (chumros), even if one does not usually follow these practices during the rest of the year.26 Since we ask Hashem to show us kindness beyond what we deserve, we also perform His mitzvos beyond the required measure.

23. Chayei Adam 143. See Yaaros Dvash (I, 1) citing the Arizal, that one should conduct himself during these days as he would during Chol HaMoed. He should refrain from business and labor, unless this would cause him a monetary loss. Otherwise, he should devote his time to examining his deeds. 24. Rema 602, Mishna Berura s.k. 10. 25. Mishna Berura ibid, citing Levush, Beis Meir and Gra. The Kaf HaChaim (ibid:19) also cites these opinions. Kaf HaChaim (426:27) cites from the Chida further reasons why it is preferable to recite kiddush levana before Yom Kippur. This is also the opinion of the Chessed L’Avraham, Lev Chaim, and several other Acharonim. 26. Shulchan Aruch 603:1. See Mateh Ephraim (602:47) who writes that during the Ten Days of Teshu- va one must perform all mitzvos to their utmost perfection. For example, if a person usually sufﬁces with eating cake or fruit for Melava Malka, during the Ten Days of Teshuva he should eat at least a kazayis of bread, as is proper. The Kaf HaChaim (603:26) cites from the Ben Ish Chai that a woman who usually does not bake bread and fulﬁll the mitzva of separating challa with a beracha, should do so at least once a year during the Ten Days of Teshuva. 14 / Meoros Halacha

Therefore, if a person usually relies on the lenient opinions who allow pas palter (bread baked in a gentile bakery), during the Ten Days of Teshuva he should eat only pas Yisroel (bread baked by Jews).27 All the more so should one scrupulously avoid any actions that entail a possibility of sin.28

דףדף ט / עשרתעשרת ימיימי תשובתשובהה

Appeasing One’s Fellows

Sins between man and his fellow

Neither teshuva nor Yom Kippur have the power to atone for sins between man and his fellow, unless he ﬁrst appeases those whom he has wronged. Even if no monetary loss or damage was caused, but one simply offended another with his words, he still must ask forgiveness, since he has transgressed the Torah prohibition against ona’as devarim (hurting another person’s feelings).29

The obligation to appease those we have harmed

The obligation to appease those we have harmed applies throughout the year. However, sometimes a person does not ﬁnd time to apologize and thus procrastinates fulﬁlling his obligation. Nonetheless, when erev Yom Kippur ar-rives one is especially obligated to ask forgiveness and correct his offense, in order to become pure from his sins.30 Furthermore, it is essential that the Jewish people be at peace with one another come Yom Kippur, in order that the Satan will not have an opportunity to make accusations against us.31

27. Shulchan Aruch ibid, 1; Mishna Berura s.k. 1; Kaf HaChaim, 1. The Kaf HaChaim (ibid:3) also cites the debate between the Shulchan Aruch and Rema (Y.D. 112) in regard to bread baked by a gentile in his home. The specifics of these halachos are discussed in Shulchan Aruch, Y.D. loc. cit. 28. Eleph HaMagen, ibid: 2. There, he cites from the Ramak in Seder Avodas Yom HaKippurim that during the Ten Days of Teshuva a person should act with exceptional piety, beyond the requirement of halacha, since during these days Hashem sits on His Throne of Mercy, and grants us kindness beyond our merit. 29. Mishna, Yoma 85b; Rambam ibid, 2:9; Shulchan Aruch O.C. 606:1, Mishna Berura s.k. 1. The possuk states, “For on this day you will be atoned to be purified … before Hashem.” That is to say, we are purified from our sins against Hashem, but not from our sins against our fellows unless we appease them (Shulchan Aruch HaRav, ibid: 1). The Sefas Emes (Yoma 87b s.v. Ikpid) writes that even if a person’s friend has unjust complaints against him, he still must endeavor to make peace for Yom Kippur. 30. ibid, Mishna Berura s.k. 1 citing Mateh Ephraim. Eleph HaMagen (ibid: 3) cites from Yafe L’Lev that if a person wishes to appease someone who lives in a different city, and is unable to do so on erev Yom Kippur, he should resolve to appease him when he is able, and thereby Yom Kippur will enact atonement for his sins. 31. The Tur (ibid) cites a Midrash from Pirkei D’Rebbe Eliezer that when the Satan finds the Jewish people free of sin on Yom Kippur, he proclaims, “Master of the Universe, You have one nation upon the Tractate Yoma / 15

Appeasing one’s father and mother

If our Sages require us to ask forgiveness from our peers, then most certainly we must ask forgiveness from our parents, since no one is free from the sin of failing to honor his parents properly. A person who fails to ask forgiveness from his parents is considered a sinner who disparages the honor due to his father and mother.32

דףדף י / עשרתעשרת ימיימי תשובתשובהה

Theft

If a person has wronged another in monetary dealings, or if he has stolen, he must return his wrongful gain immediately and not wait until erev Yom Kippur. The prohibition against theft is coupled with a positive commandment to return a stolen object. Every single moment a thief keeps a stolen object in his possession, he transgresses the positive commandment to return it, and thereby correct his sin.33 All the more so on erev Yom Kippur must one return stolen objects. The sin of theft arouses terrible accusations against a person in Heaven, as our Sages say, “From a collection of sins, theft is the ﬁrst to raise accusation.”34 After returning the money that he owes, one must ask forgiveness from his victim.35 Even after receiving his forgiveness, the sin is not atoned until he confesses it to Hashem, and resolves never again to wrongfully take another person’s money.36

earth who are like the ministering angels… Just as the angels have peace among them, so do the Jewish people on Yom Kippur.” Hashem hears even the accusers testifying on our behalf and forgives our sins. 32. Ben Ish Chai, Parshas Vayelech:6. He further writes that if a son is foolish and does not ask forgiveness, his parents should nonetheless say aloud, “I completely forgive my child, [insert name], for anything he has done against me.” 33. Shulchan Aruch 606, Shaar HaTzion s.k. 2: “Every positive commandment, such as lulav, Birkas hamazon, and Shema, must be performed in its appropriate time, and not be procrastinated. All the more so must the mitzva of returning a theft be performed immediately, since it is the rectification of a sin.” 34. ibid, Mishna Berura s.k. 1. 35. Rambam, ibid 2:9. Even though one has returned the money he owed, he must still ask forgiveness for the anguish that he caused, as we find in Bava Kama 92a (Kaf HaChaim 606:7). In She’eilas Shmuel, the question is raised whether one must ask forgiveness if his victim never realized he was robbed, and never suffered any anguish from it. The Kaf HaChaim concludes that one must still ask forgiveness, since he has prevented his victim from investing the money and profiting from it (see Yerushalmi Bava Metzia 5:3). 36. Rambam ibid, 1:1, cited by Kaf HaChaim, ibid. 16 / Meoros Halacha

Consulting a Rav

In any question of monetary matters, one should not rely on his own judgment, since the yetzer hora can suggest many baseless justiﬁcations. A competent Rav must be consulted for a halachic ruling to clarify one’s obligations according to Torah law, in order that one not retain another person’s money unjustly. The entire matter should be described to the Rav in perfect truth, so that a correct ruling may be determined.37

דףדף יאיא / עשרתעשרת ימיימי תשובתשובהה

Lashon hora

If a person speaks lashon hora against another Jew, he transgresses a Torah prohibition “bein adam l’Makom – between man and God,” since he has acted against Hashem’s will. Furthermore, if by speaking lashon hora he has disgraced his victim, or caused him bodily or monetary harm or anguish, he also transgresses a prohibition, “bein adam l’chaveiro – between man and his fellow.”38 In order to do teshuva for speaking lashon hora, one must regret having sinned, confess to Hashem, and ﬁrmly resolve never to speak lashon hora again. With this, he will be forgiven for the bein adam l’Makom aspect of lashon hora.39 If his lashon hora also fell into the category of bein adam l’chaveiro, he must also appease his victim and ask forgiveness in order to achieve atonement.40

Accepting lashon hora

By accepting lashon hora and believing what was said against the victim, one also transgresses many of the prohibitions and positive commandments associated with lashon hora.41 In order to do teshuva for this sin, he must ﬁrmly dismiss the words of lashon hora from his heart, and resolve himself not to believe them. He must also resolve never to accept lashon hora again, and confess this sin to Hashem.42

37. Chayei Adam 144:6, cited in Mishna Berura 606 s.k. 1 and Kaf HaChaim ibid, 8. 38. Chafetz Chaim, Hilchos Lashon Hora, 4:12. 39. Ibid. 40. ibid; Be’er Mayim Chaim, 47. The Chafetz Chaim adds that even if the victim did not know that lashon hora was spoken against him, one must admit this to him in order to ask forgiveness. However, R’ Moshe Shternbach (Moadim U’Zmanim 1:54) writes that he heard from R’ Dessler in the name of R’ Yisroel Salanter that in such a case, it is best not to inform the victim of the lashon hora, in order that the victim not suffer from the knowledge of his humiliation. Through the very act of asking forgiveness one would transgress the prohibition of causing grief to another Jew. Rather, one should ask general forgiveness for any harm he may have caused, without making speciﬁc mention of the lashon hora. 41. As explained at length in the introduction to Chafetz Chaim: Laws of Lashon Hora. 42. Chafetz Chaim, 6:12. Tractate Yoma / 17

דףדף יביב / עשרתעשרת ימיימי תשובתשובהה

How to appease

If one has caused harm to his fellow, it is best to appease him personally, and not through an intermediary. However, if it is difﬁcult for him to do so, or if he knows that an intermediary would be more effective, he may send an intermediary on his behalf.43 If a person asks forgiveness, but his victim is not prepared to forgive him, he must ask again a second and third time. Each time, he should attempt to appease him in a different manner. He should enlist the support of friends to ask forgiveness on his behalf, bringing with him three ,If one has attempted to ask forgiveness three times ٤٤.people when he comes to ask forgiveness (each time bringing three people), and the victim is still not appeased, he is not required to continue asking forgiveness, since he has done all that is within his ability.45 However, if he wishes he may continue to ask forgiveness, unless this would entail a degradation to the honor of the Torah. In such a case, since he has already fulﬁlled his obligation by asking forgiveness three times, he may not continue to entreat his victim for forgiveness.46

Publicly asking forgiveness

If a person has publicly embarrassed his fellow, he must ask forgiveness in front of ten people, even if they are not the same people who were present when the embarrassment took place. Even if he embarrassed him before a much greater audience, it is sufﬁcient to ask forgiveness in front of ten people.47

43. Mishna Berura 606, s.k. 2. 44. Shulchan Aruch 606:1, Mishna Berura, s.k. 3; Aruch HaShulchan, 3. The Shulchan Aruch implies that even upon the first attempt to ask forgiveness, one should bring with him three people. However, the Rambam seems to hold that the first time one should ask forgiveness alone; perhaps this will be sufficient. If the victim does not forgive him the first time, then he must come an additional three times to ask forgiveness, each time bringing three people with him. This also seems to be the ruling of the Talmud Yersuhalmi, at the end of Maseches Yoma (Biur Halacha ibid, s.v. Yachzor v’yeilech). 45. ibid; Mishna Berura s.k. 4. In order that people not suspect the penitent of failing to humble himself to ask forgiveness, he should announce in the presence of ten people that he has asked forgiveness but failed to appease his victim, (see Rema and Shulchan Aruch HaRav 2; Mishna Berura s.k. 6). The Kaf HaChaim (ibid: 24) adds that it would seem from here that if no one knew of his sin against his fellow, he need not publicize that he has asked forgiveness. 46. ibid, Mishna Berura s.k. 5. See Kaf HaChaim (ibid 22) citing the Pri Chadash, who writes that if one has fulfilled his obligation by asking forgiveness three times, even if his victim chooses not to forgive him, Yom Kippur will still enact an atonement for his sin. Our Sages tell us, “Yom Kippur does not atone for sins that are bein adam l’chaveiro, unless one first appeases his fellow.” This implies that if one attempts to appease his friend, but his friend chooses not to forgive him, Yom Kippur does atone. He also cites from the Mordechai in the name of the Midrash Tanchuma, that when Hashem sees that the offender has humbled himself before his victim, He has mercy and forgives him (ibid 23). 47. Mekor Chaim (by author of Chavos Yair) 606:1. 18 / Meoros Halacha

Asking speciﬁc forgiveness

If one asks general forgiveness from a group of people, and knows that he has speciﬁcally harmed one of them, he must again ask forgiveness from that individual for the harm he has caused him.48

דףדף יגיג / עשרתעשרת ימיימי תשובתשובהה

Asking forgiveness from one’s rebbe

If a person has sinned against his rebbe, even if it is not his foremost rebbe but simply a person who has taught him Torah, he must continue to ask forgiveness until his rebbe is appeased.49 He must ask forgiveness even a thousand times, until his rebbe forgives him.50

Teshuva for the bein adam l’Makom aspect

Even after a person has been forgiven by those he has harmed, he must also ask forgiveness from Hashem, for the bein adam l’Makom aspect of the sin (since he has deﬁed Hashem’s will by harming his fellow). He must regret his sin, confess to Hashem, and resolve never to repeat it.51

Asking forgiveness on erev Yom Kippur

Some have the custom to ask general forgiveness from their associates on erev Yom Kippur, even if they do not know of any harm they have caused, just in case they may have unknowingly caused offense.52

The proper response for the offended party to take

It is forbidden for a person to cruelly deny forgiveness. One should be quick to pardon and slow to anger. When a person who has harmed us asks for our forgiveness, we should forgive sincerely and wholeheartedly. Even if person has suffered severe harm and grief, he still should not bear vindictive ill will towards his offender. This is the way of the Jewish people, and their righteous heart.53

48. Mishna Berura ibid, s.k. 3. 49. Rambam ibid, 2:9; Shulchan Aruch 606:1, Mishna Berura s.k. 7. The source for this is from Yoma 87b, where we ﬁnd that Rav went to ask forgiveness thirteen times from R’ Chanina, his rebbe (Hagahos Maimones, Kesef Mishna ibid). 50. Rambam, ibid. 51. Mishna Berura 607 s.k. 13; Chafetz Chaim 4:12. 52. Rema 606:2; Aruch HaShulchan, 4. 53. Rambam, ibid 2:10. Tractate Yoma / 19

Our Sages tell us that anyone who is forgiving of injury is forgiven for all his sins, since the justice of Heaven is meted out in a measure that corresponds to our own actions (midda k’neged midda). One must forgive even those people who have deliberately harmed him; thereby, he will be forgiven even for the sins that he has deliberately transgressed.54 If he refuses to forgive those who have harmed him, he will also not be forgiven for his sins.55

דףדף ידיד / עשרתעשרת ימיימי תשובתשובהה

When is it not necessary to forgive?

In certain cases, one need not forgive those who have harmed him, and he is not considered cruel for refusing to grant forgiveness. For example, if his intention is for the beneﬁt of the offender, he need not forgive. At times it is best for the offender to know that he is not forgiven, in order that his heart become contrite, and he will not sin again.56 Similarly, if he is concerned that by forgiving he may suffer some harm, he need not forgive. His own interests take precedence to the interests of the offender.57

Removing hatred from one’s heart

Even in cases where it is permitted to deny forgiveness, it would seem that one should overcome his hatred against the offender, since the offender has asked forgiveness.58

Slander

If a person has been the victim of slander, he need not forgive the offender, since there are people who have heard the slanderous allegations, but may not have heard the offender’s apology. They may still believe the slander to be true, and the victim’s reputation remains tarnished in their eyes. Nevertheless, a humble person would forgive the offender even in such a case.59 If the offender has done his utmost to restore the good name of his victim, by publicly announcing that his slanderous accusations were baseless and publicly asking forgiveness, then one must forgive him. News of the offender’s announcements will travel by word of mouth, such that even if people did not directly hear them, they will soon ﬁnd out about them. Eventually, it will become public knowledge that the slander was untrue.60

54. Rema 606:1, Mishna Berura s.k. 8, Shaar HaTzion s.k. 8. 55. Mishna Berura, Shaar HaTzion, ibid. 56. Rema 606:1, Mishna Berura s.k. 9. 57. Mishna Berura ibid, s.k. 10. 58. Mishna Berura ibid, s.k. 9, Shaar HaTzion s.k. 10. 59. ibid, Rema 1, Mishna Berura s.k. 11, Shulchan Aruch HaRav 4. 60. Aruch HaShulchan ibid, 2. 20 / Meoros Halacha

דףדף טוטו / עשרתעשרת ימיימי תשובתשובהה

The victim should present himself to the offender

If the offender is not self-motivated to ask forgiveness from his victim, it is proper for the victim to present himself to the offender, to allow him the opportunity to ask forgiveness.61

Asking forgiveness from the deceased

If a person has harmed another, and his victim died before he asked forgiveness, he should bring a group of ten people to the grave of his victim and state before them his offense. He should say, “I have sinned against the God of Israel and against this person [mentioning him by name],” and then detail his offense. They should respond to him, “You are forgiven,” three times.62 If a person has disgraced the honor of a dead person after his passing, he need not go to his grave to ask forgiveness. It is sufﬁcient to ask forgiveness in the place where he offended him. See footnote.63 If a person offends his fellow, and also disgraces the honor of his ancestors, even if the victim forgives the slight to his own honor, he does not have authority to offer forgiveness on behalf of his ancestors. In this case, the offender must also ask forgiveness from the ancestors.64

Disgracing the deceased

The early authorities enacted a ban (cheirem) not to slander the deceased. If a person violates this ban, he must do teshuva.65

61. Mateh Ephraim 606:3. 62. Shulchan Aruch 606:2, Mishna Berura s.k. 15. The Mishna Berura (s.k. 14) adds that the offender must walk barefoot to his victim’s grave. If the grave is more than three parsa’os away, he may send an intermediary to ask forgiveness on his behalf. The intermediary should bring ten people with him, and say, “I am a delegate sent by [insert name] to publicly confess that he has sinned against the God of Israel,” and so on. 63. Ibid, Mishna Berura s.k. 14, citing Acharonim. See Kaf HaChaim (ibid, 35) who cites the Achar- onim, and then cites the Maharshal from Yam shel Shlomo who holds that even if he disgraced the deceased person after his death, he still must go to his grave to ask forgiveness. This also seems to be the opinion of the Rema (C.M. 420:38). The Kaf HaChaim concludes that in practice one should be stringent to follow this opinion, which also seems evident from the Gemara. 64. Mateh Ephraim ibid, 7. In such a case, one must follow the procedures outlined above for asking forgiveness from the deceased. These halachos are found in Shulchan Aruch C.M. 420:38 and Yam shel Shlomo, Bava Kama 8:46. 65. Shulchan Aruch 606:3, Mishna Berura s.k. 16. See Kaf HaChaim ibid, 48, 49. The Poskim (Yam shel Shlomo ibid, Biur HaGra 606:3 s.v. Takanas, Kaf HaChaim ibid, 46) cite from the Midrash Tan- chuma (Parshas V’eschanan) the following episode: When Hashem forbade Moshe Rabbeinu to enter into Eretz Yisroel, Moshe asked why Hashem was so angry with him. Hashem told him that he was being punished for rebuking the Jewish people by saying, “You have stood in the place of your fathers, students of sinful people” (Bamidbar 32:14). “Were Avraham, Yitzchak and Yaakov sinners, that you speak thus Tractate Yoma / 21

Prayer During the Ten Days of Teshuva

דףדף טזטז / עשרתעשרת ימיימי תשובתשובהה

Avinu Malkeinu

During the days between Rosh Hashanah and Yom Kippur (excluding Shabbos), additional prayers and supplications are recited.66 Avinu Malkeinu is recited during Shacharis and Mincha.67 Even a person davening without a minyan may recite Avinu Malkeinu.68 Even if Tachanun is not recited, such as when a bris mila takes place, or in a house of mourners, Avinu Malkeinu is still recited.69

Avinu Malkeinu on Shabbos

The Rema rules that Avinu Malkeinu is not recited on Shabbos.70 During Mincha on erev Shabbos it is also not recited.71

of them?” Hashem asked. Moshe answered, “I learned from You, when You said, ‘The incense pans of these who have sinned with their souls’” (Bamidbar 17:3). “They have sinned with their souls, but their forefathers have not sinned,” Hashem said. The Kaf HaChaim (ibid) comments that we ﬁnd in this Midrash only that Moshe was punished by being forbidden entrance to Eretz Yisroel, but was not placed under cheirem. Nevertheless, the cheirem was later added. 66. 602:1, Mishna Berura s.k. 2. 67. Rema, ibid. Kaf HaChaim (ibid, 2) writes that Sefardim have also accepted the custom to recite Avinu Malkeinu, as Ashkenazim have traditionally done. The Beis Yosef (584) cites from the Kol Bo the source for Avinu Malkeinu from Taanis (25b), where we ﬁnd that a fast day was called to pray for Hashem’s mercy but they were not answered until R’ Akiva descended before the pulpit to pray and said, “Avinu Malkeinu - Our Father, Our King, we have sinned before you…” and was immediately answered. When his peers saw that this prayer was answered, they added a series of prayers and supplications to it, and instituted it as part of the prayer service for the Ten Days of Teshuva. 68. Be’er Heitev, ibid s.k. 1. 69. Rema, ibid; Mateh Ephraim, 11. 70. Shulchan Aruch 602:1. The reason offered is that one may not request his needs on Shabbos (Ran, last chapter of Rosh Hashanah). The Levush adds another reason, that the stanzas of Avinu Malkeinu correspond to the middle berachos of Shemoneh Esrei, which are recited only on weekdays (cited in Kaf HaChaim 584:7). 71. Mishna Berura, ibid s.k. 3. If Yom Kippur falls out on Shabbos, according to the Shulchan Aruch Avinu Malkeinu is recited, but according to the Rema it is not (622:3, Mishna Berura). However, the Rema agrees that Avinu Malkeinu should be recited during Ne’ila even on Shabbos, since Ne’ila is the conclusion of the judgment (Rema 623:5, Mishna Berura s.k. 10). 22 / Meoros Halacha

However, some communities have the custom to recite Avinu Malkeinu even on Shabbos and Mincha on erev Shabbos.72 Some opinions hold that Avinu Malkeinu should be recited on Shabbos, but the stanzas concluding, “we have sinned before You,” “forgive all our sins,” and all other mention of sin or confession should be omitted.73

“Tear away the evil from our verdict”

When reciting the stanza “Our Father, Our King, tear away the evil from our verdict should be recited in one breath, implying that the evil רוע גזר the words ”,(קרע רוע גזר דיננו) should be torn away from the verdict, leaving only mercy in its place. Those who interrupt should be reprimanded for doing so. The chazan should be particularly גזר and רוע between careful not to make this interruption.74

דףדף יזיז / עשרתעשרת ימיימי תשובתשובהה

“From the depths I have called You”

It is a custom among the pious to recite the chapter of Tehillim beginning, “A song of ascents: from the depths I have called You, Hashem,” during Shacharis each day during the Ten Days of Teshuva, between Yishtabach and Kaddish.75 However, some have the custom not to recite it.76

72. Beis Yosef (584) cites from the Ran that on Shabbos Avinu Malkeinu is not recited. On the other hand, the Rashbatz writes that the custom is to say Avinu Malkeinu on Shabbos during Shacharis and Mincha, and the Ran inaccurately recorded the custom of his area. The Rashbatz concludes that these matters depend upon the prevalent custom, and it is improper for a person to change his custom. The Kaf HaChaim (ibid, 8) cites the Rashbatz, and cites from the Sefer HaTanya (a Rishon) that Avinu Malkeinu should be recited on Shabbos. This also seems to be the opinion of the Arizal in Shaar HaKa- vanos. On the other hand, the Shiyarei Knesses HaGedola and Pri Chadash write that the custom is not to recite it on Shabbos. He adds that the custom of Beis-Eil in Yerushalayim is to say it. He explains that the Beis Yosef did not state any ruling in this matter in his Shulchan Aruch, since it depends upon the custom of one’s area. Therefore, he left each person to follow his accepted custom. In conclusion, the Kaf HaChaim writes that the custom of Ashkenazim is as the Rema wrote, not to recite it on Shabbos; among Sefardim both customs are found, and each community should follow its custom. Siddur Eitz Chaim – Tachliel cites that the Yemenite custom is not to recite Avinu Malkeinu on Shab- bos Shuva or Rosh Hashanah when it falls out on Shabbos, but they do recite it when Yom Kippur falls out on Shabbos. 73. Kaf HaChaim 582:16, citing the Arizal from Shaar HaKavanos. 74. Mishna Berura 584 s.k. 3; Kaf HaChaim ibid, 9. Mishna Berura 622 s.k. 10. 75. Eliya Rabba 602 s.k. 3; Mateh Ephraim 584:9; Kaf HaChaim 582:14 citing Shaar HaKavanos. See Eleph L’Mateh (584:2), who writes that if one is still in the middle of Pesukei D’Zimra when the congregation recites, “From the depths I have called you,” he may recite it together with them. Nevertheless, when he ﬁnishes Yishtabach, he may say it again in its proper place. 76. See Mishna Berura 54 s.k. 4, citing the Magen Avraham who brings this ruling in the name of the Arizal, and concludes that it “requires investigation.” The Kaf HaChaim (s.k. 8) explains that the Magen Avraham questioned whether it is permitted to interrupt between Yishtabach and Yotzer Or by reciting Tractate Yoma / 23

“The Holy King” and “the King of judgment”

During the Ten Days of Teshuva, the third beracha of Shemoneh Esrei concludes with (השיבה שופטינו) ”and the beracha beginning, “Restore our judges 77,(המלך הקדוש) ”the Holy King“ This applies both to the individual 78.(המלך המשפט) ”concludes with “the King of judgment when he davens the silent Shemoneh Esrei, and to the chazan during his repetition. The reason given for this is that the Ten Days of Teshuva are days in which Hashem judges the entire world, and displays how “His kingdom and rulership are over all.”79

If one mistakenly recited “the Holy God”

it is ,(הא-ל הקדוש) ”If one mistakenly concluded the third beracha with “the Holy God not sufﬁcient to repeat the third beracha. One must return to the beginning of Shemoneh Esrei, since the ﬁrst three berachos of Shemoneh Esrei are considered as one.80 during his repetition, he must also return to הא-ל הקדוש If the chazan mistakenly recited the beginning of Shemoneh Esrei. He must also repeat kedusha.81

this Tehillim, since the Shulchan Aruch here rules that interrupting between Yishtabach and Yotzer Or is a sin for which the soldiers of Israel were sent back from the lines of battle. However, the Aruch HaShulchan (20) explains that since this Tehillim is like part of the prayer service, it is not considered an interruption. Nevertheless, the Aruch HaShulchan himself rules (582:8) that while the Sefardim are accustomed to recite this addition, the Ashkenazic custom is not to recite it. 77. See Kaf HaChaim (118:2), citing Shaar HaKavanos that one must be careful to recite “the Holy King” and not simply “Holy King.” Bedieved, if he recited only “Holy King” without ﬁrst saying “the,” he need not repeat the beracha 78. Berachos 12b; Shulchan Aruch 582:1. 79. Mishna Berura ibid, s.k. 2. See Eleph HaMagen (ibid:12), who cites from the Kabbalists that the berachos “the Holy King” and “the King of judgment” correspond to two separate courts Above, known as the Higher and Lower Tribunals. 80. Mishna Berura s.k. 4. See Shaar HaTzion (s.k. 4), who cites from R’ Abele Pasvaler the proper .on Rosh Hashanah night הא-ל הקדוש procedure for someone who mistakenly recited 81. Mateh Ephraim 582:8; Ben Ish Chai, Parshas Nitzavim 18; Kaf HaChaim ibid, 5. 24 / Meoros Halacha

he must return to the ,הא-ל הקדוש or המלך הקדוש If a person is uncertain whether he said beginning of Shemoneh Esrei, since he presumably davened as he is accustomed during the rest as he always does.82 הא-ל הקדוש of the year, and said

דףדף יחיח / עשרתעשרת ימיימי תשובתשובהה

Immediately correcting the mistake

and then immediately corrected himself ,הא-ל הקדוש If a person accidentally recited he need not return to the beginning of Shemoneh Esrei.83 The amount of ,המלך הקדוש and said time allowed for this correction is equal to the amount of time required to say, “Shalom alecha, Rebbe.” (As long as this amount of time has not passed, it is considered as if he has not yet concluded the beracha).

If he began the fourth beracha

One may only correct himself within this time limit if he has not yet begun the fourth beracha. However, if he already began the fourth beracha, even if this amount of time has not yet passed, he must return to the beginning of Shemoneh Esrei.84 (Since he began the fourth beracha, it is considered that the third beracha has been concluded).

82. Shulchan Aruch 582:1, Mishna Berura s.k. 3. On Rosh Hashanah and Yom Kippur, if one is certain that he recited the additions to the third beracha, “And so place Your fear” and so on, but is uncertain -it is questionable whether he must return to the beginning of Shem ,המלך הקדוש whether he concluded oneh Esrei. Perhaps it cannot be assumed that he davened as he is accustomed throughout the year, since he has already added the other additions of Rosh Hashanah before concluding the beracha (ibid, Mishna Berura s.k. 4 citing Teshuvos Mayim Chaim). The Chayei Adam (28:8) explicitly rules that in such a case, one need not repeat Shemoneh Esrei. The Kaf HaChaim (ibid:6) also accepts this ruling, and adds .as is written therein המלך הקדוש a further explanation that he most likely davened from a siddur, and said As an additional support for this ruling, he cites from Z’chor L’Avraham that some Rishonim hold that Although the custom does not follow .הא-ל הקדוש one need not repeat davening even if he deﬁnitely said these Rishonim, they may be relied upon in light of the reasonings presented above, based on the principle of safek berachos lehakel. המלך The Mishna Berura (s.k. 3) adds in the name of the Magen Avraham that the procedure of reciting ninety times (a suggestion noted by the Poskim to train oneself to make the additions to davening הקדוש which may be forgotten) may not be employed here, since one would be required to recite Hashem’s Name in the full conclusion of the beracha, which would constitute a beracha l’vatala (in vain). If one would train himself to recite this beracha without Hashem’s Name, it would not be effective during Shem- oneh Esrei when he does say Hashem’s Name, and he would consequently follow the wording familiar to him from the rest of the year. Therefore, this procedure is ineffective. The Shaar HaTzion (ibid: s.k. 2) ninety times, however most ’ברוך אתה השם המלך הקדוש‘ cites from the Pri Chadash that it is effective to recite Acharonim seem to follow the Magen Avraham’s opinion that this is ineffective. הא-ל Shulchan Aruch 582:2, Mishna Berura s.k. 7. The Daas Torah (ibid) writes that if one said only .83 even if more than this amount of time has passed, he may still correct himself by ,הקדוש but did not say .and need not return to the beginning ,המלך הקדוש inserting 84. Shulchan Aruch ibid, Mishna Berura s.k. 7. Tractate Yoma / 25

If one made too long of a pause

,and paused for longer than the limit stated above הא-ל הקדוש If one mistakenly recited even if he has not yet begun the fourth beracha, it is considered that he has concluded the third beracha, and can no longer correct it. Therefore, he must return to the beginning of Shemoneh Esrei.85

דףדף יטיט / עשרתעשרת ימיימי תשובתשובהה

The King of judgment

During the Ten Days of Teshuva, the beracha beginning, “Restore our judges,” as mentioned above.86 One must be ,(המלך המשפט) ”concludes with “the King of judgment since according to some ,(מלך) ”as opposed to simply “King (המלך) ”careful to say “the King However, b’dieved if he did say .מלך opinions one does not fulﬁll his obligation if he said just he need not repeat the beracha.87 מלך המשפט

If one mistakenly recited “King Who loves righteousness and justice”

or if he is uncertain ,’מלך אוהב צדקה ומשפט‘ If one mistakenly concluded the beracha with how he concluded the beracha, if he remembered within the time limit discussed above, he may 88.המלך המשפט still correct himself by saying

If one made too long of a pause

If he realized his mistake after the time limit discussed above, according to the Shulchan Aruch’s opinion if he remembered before he ﬁnished Shemoneh Esrei (that is to say, before he after the petitions at the end of Shemoneh Esrei89) he must return to the beracha יהיו לרצון said “Restore our judges,” and continue from there until the end of davening. If he remembered only after he ﬁnished Shemoneh Esrei, he must repeat Shemoneh Esrei from the beginning.90

85. Shulchan Aruch ibid 2, Mishna Berura s.k. 7. The Kaf HaChaim (ibid: 9) rules that if one has not yet begun the fourth beracha, even if he paused longer than the time limit stated above, he may still correct and need not return to the beginning of davening. He bases this ruling on המלך הקדוש himself by saying -Al .הא-ל הקדוש the Rishonim who hold that one need not repeat Shemoneh Esrei if he mistakenly said though these opinions are not accepted in halacha, they may be relied upon in this case of safek berachos and then began even one הא-ל הקדוש lehakel. However, even the Kaf HaChaim agrees that if one said word of the fourth beracha, he must return to the beginning of Shemoneh Esrei. 86. Shulchan Aruch 582:1. 87. Shulchan Aruch 118, Mishna Berura s.k. 2; Kaf HaChaim, 2. 88. Shulchan Aruch 582:2; Mishna Berura 118 s.k. 3. 89. Mishna Berura 117 s.k. 18. 90. Shulchan Aruch 582:1. 26 / Meoros Halacha

See footnote.91 However, according to the Rema, since one mentions Hashem’s kingship in the regular wording, “King Who desires righteousness and justice,” he need not return to correct his Who desires (הא-ל) mistake. Only in those communities where it was customary to recite, “God righteousness and justice” during the rest of the year, was there an issue of returning to correct the mistake, since no mention of Hashem’s kingship was made.92

דףדף כ / עשרתעשרת ימיימי תשובתשובהה

“Remember us for life”

The Gaonim instituted that during the Ten Days of Teshuva, the addition, “Remember us for life,” should be inserted in the ﬁrst beracha of Shemoneh Esrei; “Who is like You,” in the second; “Inscribe us for life,”93 in the beracha for thanksgiving; and “In the Book of Life,” in the beracha for peace.94 Although petitions are usually not added in the ﬁrst three or last three berachos of Shemoneh Esrei, petitions for the sake of the community may be added.95

If one forgot to add these insertions

If one forgot to add these insertions, and realized his mistake only after he said Hashem’s Name from the conclusion of the beracha, he should not return to insert them, since they are only an enactment of the Gaonim.96

91. The Kaf HaChaim (118:1) writes on this point at length, citing Poskim who accept the Shulchan Aruch’s ruling that in such a case one must repeat Shemoneh Esrei from the beginning. He also cites other Poskim who hold that one need not repeat davening. In conclusion, he rules that since most Poskim hold that one need not repeat Shemoneh Esrei, one should rely on these opinions in this question of safek berachos lehakel, even though they contradict the Shulchan Aruch. This is also the ruling of the Ben Ish Chai (Netzavim, 19). However, others conclude that one must repeat Shemoneh Esrei. See Siddur Eitz Chaim by Maharitz, Hilchos Teﬁllas Aseres Yemei Teshuva, and Shesilei Zeisim 582, s.k. 2. 92. Shulchan Aruch 582:1, Mishna Berura s.k. 6; 118:1. -must be pronounced with a shva beneath the lamed, and not a pas ( ְלחיים) ”The word “for peace .93 ach, in order that it not sound as if one is saying la’chaim, which means “not life.” During these days of judgment, one must particularly careful to pronounce his prayers correctly (Shulchan Aruch 582, Mishna Berura s.k. 16; Kaf HaChaim 33). 94. Mishna Berura 582 s.k. 15. 95. Tur, ibid. 96. Shulchan Aruch ibid: 5, Mishna Berura s.k. 15. See Kaf HaChaim (ibid: 31) citing Ruach Chaim and Ben Ish Chai, who rule that even if a person said just the words, “Baruch Ata Hashem,” he should not conclude with the possuk, “lamdeini chukecha” (as is often advisable to prevent an unnecessary beracha), and then return to insert his omission. Rather he should conclude the beracha properly, since this omission does not require him to repeat the beracha, ’זכרנו לחיים‘ ,See also Kaf HaChaim (ibid: 32) citing the Ben Ish Chai, that if a person forgot to say -since this is a request. (On Shab ,’שומע תפילה‘ Remember us for life,” he may insert it in the beracha“ he should insert the request ,’שומע תפילה‘ bos, Rosh Hashana and Yom Kippur, when one does not say Tractate Yoma / 27

However, if he did not yet say Hashem’s Name from the conclusion of the beracha, he may still return to insert them (even though he has already said many of Hashem’s Names within the beracha).97 If one forgot .(ובכן תן פחדך) ”The same is true of the addition, “And so place Your fear to recite it, and realized his mistake only after he said Hashem’s Name from the conclusion of the beracha, he should not return to insert the sections he omitted.98

דףדף כאכא / עשרתעשרת ימיימי תשובתשובהה

Kaddish

above”) is repeated.99“) לעילא During each kaddish of the Ten Days of Teshuva, the word This is because during the Ten Days of Teshuva, Hashem’s exaltedness is multiplied manifold in the prayers of His creations, as He sits on His Throne of Justice. Therefore, all praise and glorify Him, and ask for mercy in their judgment.100 Some have the custom to recite kaddish as 101.לעילא they do the rest of the year, without repeating

“...all blessings”

must be replaced ”מן כל ברכתא ושירתא“ from מן כל the two words ,לעילא When repeating -This correction is based on the kabbalistic signiﬁcance of the twenty .מכל with the one word ,is repeated לעילא Since the word .דאמירן בעלמא until יהא שמיה רבה eight words of kaddish from must be condensed into one, in order to preserve the twenty-eight word מן כל the two words format of kaddish.102

,’מי כמוך‘ at the end of Shemoneh Esrei, before he takes three steps back). However, if he forgot to say he ,’בספר‘ or ’וכתוב‘ he should not insert it anywhere else, since this is not a request. If he forgot to say should say it at the end of Shemoneh Esrei before he takes three steps back. This is all according to the ruling of the Ben Ish Chai. However, other Acharonim imply that there is no difference between any of these omissions. In any of these the cases, the omissions should be inserted at the end of Shemoneh Esrei, before he takes three steps back. See Kaf HaChaim (ibid:27), that when inserting them at the end .’יהיו לרצון‘ before the second ,’אלוקי נצור‘ of Shemoneh Esrei, they should be said after 97. Shulchan Aruch ibid, Mishna Berura s.k. 16. 98. Shulchan Aruch ibid, Mishna Berura s.k. 17. Some communities have the custom of adding “And so place Your fear” each time they recite Shemoneh Esrei throughout the Ten Days of Teshuva (Rambam, Hilchos Teﬁlla 2:19; Siddur Eitz Chaim). should לעילא לעילא Shulchan Aruch 582 s.k. 16; 56, Mishna Berura s.k. 2. Some authorities write that .99 be recited without the letter vav (Mateh Ephraim 582:1, citing Teshuva M’Ahava who found this wording in all the antique printings he examined; Kitzur Shulchan Aruch 129; Aruch HaShulchan 582:8; Siddur with the letter vav (Shulchan Aruch לעילא ולעילא Yaavetz). However, other authorities use the wording HaRav 16; Mishna Berura 56, s.k. 2). 100. Levush 582:8, cited in Machatzis HaShekel ibid, s.k. 4. 101. Moed L’chol Chai 13:19; Kaf HaChaim 582:39. 102. Mishna Berura 56 s.k. 2. See Kaf HaChaim (ibid:29) for a discussion of other aspects of the twenty- eight word format of kaddish. 28 / Meoros Halacha

“Makes the peace”

At the conclusion of Shemoneh Esrei, the words “He Who makes peace in His Heights” עושה השלום) ”are changed to “He Who makes the peace in His Heights (עושה שלום במרומיו) each have the same gematria (numerical equivalent) as השלום and עושה The words .(במרומיו the name of the angel who counts and inscribes us in the Book of Life during these days. This angel protects us from the accusers, and cuts them down.103 Similarly, at the end of kaddish this same change is made.104

Taking out the Sefer Torah

During the Ten Days of Teshuva when the Sefer Torah is taken out, some have the petition that is recited יהי רצון custom to recite the Thirteen Attributes of Mercy, followed by the on Rosh Hashanah. However, on Shabbos Shuva these additions should not be made. One as he does throughout the year.105 בריך שמיה should just recite

Additions to Birkas HaMazon

Some have the custom to add, “May the Merciful One renew this year for goodness and blessing on our behalf,” at the end of Birkas HaMazon throughout the Ten Days of Teshuva, just like on Rosh Hashanah.106

דףדף כבכב / עשרתעשרת ימיימי תשובתשובהה

The Shabbos Shuva drasha

It is customary for the Rav of a shul to deliver a drasha on the Shabbos before Yom Kippur. In addition to discussing matters of teshuva, he must also teach the relevant halachos

103. Mateh Ephraim 582:1, 22. Eleph HaMagen ibid, s.k. 7. 104. Mateh Ephraim ibid, 1. Eleph HaMagen (s.k. 37) cites from the kabbalists that this change should only be made when taking three steps back after Shemoneh Esrei. In kaddish, this change should not be made. The Kaf HaChaim (56:38) also reaches this conclusion. However, he makes an exception of the since it ,עושה השלום kaddish recited by the chazan after Shemoneh Esrei, in which perhaps one should say .recited after the individual’s silent recitation of Shemoneh Esrei עושה השלום corresponds to the Mateh Ephraim (ibid) rules that the conclusion of the beracha for peace at the end of Shemoneh Esrei עושה הש–) ”should be altered from “Who blesses His nation Yisroel with peace,” to “Who makes peace However, he cites that many have the custom not to make this change, and conclude this beracha as .(לום they normally do throughout the year. The Eleph L’Magen (ibid: 6) explains that since this change has no do, therefore we should המלך המשפט and המלך הקדוש source in the Gemara or Poskim, as the changes of not alter the ﬁxed wording of prayer that our Sages instituted. However, Tanya Rabasa (cited in Tzlach) .עושה השלום cites an Agada which implies the original wording of the beracha was in fact 105. Mateh Ephraim 602:14. 106. Ibid, 1. Tractate Yoma / 29 of Yom Kippur and Sukkos. The most essential part of the drasha must be practical guidance for the congregation to adhere to Torah and mitzvos.107 During this Shabbos one must be careful to scrupulously observe all the stringencies of Shabbos, especially those that are taken lightly on other Shabbosos of the year.108

Magen Avos

On Friday night during the Ten Days of Teshuva, when the chazan says “Magen Avos” When Rosh .הא-ל הקדוש in place of המלך הקדוש שאין כמוהו after Shemoneh Esrei, he recites Hashanah or Yom Kippur falls out on Shabbos, this alteration is also made. The conclusion is recited as usual, with no mention of Rosh Hashanah or Yom ,מקדש השבת ,of the beracha Kippur.109 if he has not yet said ,המלך הקדוש in place of הא-ל הקדוש If the chazan mistakenly said and proceed המלך הקדוש Hashem’s Name from the conclusion of the beracha, he should return to from there110 (even though he has said Hashem’s Name several times in the interim).111 See footnote for the proper procedure if he concluded the beracha before realizing his mistake.112

107. Mishna Berura 429 s.k. 2; Kaf HaChaim ibid, 3. See Kaf HaChaim (602:10), citing Mateh Moshe that the custom is to deliver a drasha on both the Shabbos before Yom Kippur and the Shabbos before Rosh Hashanah. A source for this can be found in the Midrash on Mishlei, which states that when a Torah scholar delivers a drasha, Hashem atones for the sins of Israel. 108. Birchei Yosef cited in Kaf HaChaim (602:8). The Kaf HaChaim explains that by being stringent on this Shabbos, one will accustom himself to be stringent on all the Shabbosos of the year. 109. Shulchan Aruch 582:3, Mishna Berura s.k. 12. 110. Shulchan Aruch ibid, Mishna Berura s.k. 10. 111. See Mishna Berura s.k. 16. 112. The Mishna Berura (s.k. 10) writes that if the chazan concluded the beracha before realizing this mistake, there are several opinions among the Acharonim as to how he should proceed; the Mishna Berura himself does not decide between them. The Shiyarei Knesses HaGedola and Eliya Rabba both hold that one must repeat Magen Avos. However, the Pri Chadash writes that since Magen Avos is only an enactment designed to extend davening and prevent the latecomers from being left behind in shul alone (which was dangerous in their times, when the shuls were in the ﬁelds), b’dieved if the chazan did not he need not repeat Magen Avos. This is also the opinion of the Pri Megadim, Derech המלך הקדוש say HaChaim, Nishmas Adam, Yeshuos Yaakov, Dvar David, et al. (cited in Eleph HaMagen ibid, 17; Kaf HaChaim 18) The Chida in Machzik Beracha writes that the opinions who do not require the chazan to repeat Magen Avos base themselves on the halachic explanation of this practice. However, according to the Arizal who holds that there is also a kabbalisitic meaning to our Sages’ enactment of Magen Avos, it would seem that the chazan should repeat Magen Avos – especially since this is also the opinion of the Shiyarei Knesses HaGedola. The Ben Ish Chai also accepts this conclusion (Parshas Nitzavim, 18; Rav P’alim III, 23). The Kaf HaChaim concludes that since this question is subject to debate, and according to some opinions one need not repeat, therefore if one has already concluded the beracha and wishes to rely on these opinions not to repeat the beracha, no objection should be made. 30 / Meoros Halacha

Kapparos

דףדף כגכג / עשרתעשרת ימיימי תשובתשובהה

The custom of kapparos

It is customary to perform kapparos on erev Yom Kippur. The custom is to take a chicken113 and circle it over one’s head while saying, “This is my exchange; this is my replacement; this is the ﬁrst letters of ,’חליפתי‘, ’תמורתי‘, ’כפרתי‘ my atonement.” In Hebrew, these three words are the name of the angel appointed over life.114 ,חת“ך which spell out Some have the custom to also recite a collection of pesukim beginning with, “Sons of man who sit in darkness…”,115 as found in many siddurim. After the chicken is circled around the head it is slaughtered. It is best to slaughter the chicken before dawn on erev Yom Kippur after selichos, since this is a time of great Heavenly mercy.116

Care must be taken while performing kapparos

It is also permissible to perform kapparos at any time during the Ten Days of Teshuva. Therefore, in places where the rush of many people to perform kapparos together might lead

113. Rema 605:1. The source of this custom is found in the Rosh and Mordechai in Yoma, ch. 8, citing Teshuvos HaGaonim. It is cited also in the Tur, 605. The Rema concludes that it is a custom of the pious. The Shulchan Aruch objects to this practice, citing the Teshuvos HaRashba and Orchos Chaim in the name of the Ramban, who writes that it resembles the pagan Emorite practices, which the Torah forbids. However, the Arizal scrupulously followed this practice, as noted in Kaf HaChaim (605:5), who also states that this custom is accepted among Sefardic communities (ibid, 8). The Ben Ish Chai (Parshas Vayelech, 2) also supports this practice, and discusses the time for slaughtering the kaparos chickens, according to the custom of his city, Baghdad. 114. Mishna Berura ibid, s.k. 3. The full expression used is, “This is my exchange; this is my replacement; this is my atonement. This chicken will go to death, and I will go and enter into good, long life and ואני peace” (Levush, Siddur Yaavetz, Kaf HaChaim ibid: 3,8). Some are careful to alter the wording from Otherwise, the expression may me misinterpreted to mean, “This .אבל אני אכנס or ואכנס אני to אכנס לחיים chicken will go to death, and I [also],” God forbid. By changing the order of the words to, “This chicken will go to death, and enter shall I…,” or “This chicken will go to death but I …” this misinterpretation is avoided (Sdei Chemed: Maareches Yom Kippur, cited in Eleph HaMagen ibid:3; Kaf HaChaim: 8). 115. Tur ibid, et al. The Tur implies that these pesukim should be recited while circling the chicken over one’s head. Other Poskim write that they should be recited after circling the kaparos, while the Siddur HaYaavetz writes that they should be recited before circling the kaparos, as does the Mateh Ephraim (ibid: 3) cited in Kaf HaChaim (ibid: 3). The Kaf HaChaim (ibid: 8) adds that Sefardim do not have the custom to say these pesukim. They should simply say, “This is my exchange” and so on, while circling the kaparos. 116. Magen Avraham ibid, s.k. 1, based on kabbala; Mateh Ephraim ibid, 3; Mishna Berura s.k. 2. Some have the custom to immerse in a mikva before performing kapparos (Mateh Ephraim ibid, 6). Tractate Yoma / 31 to problems in the shechita process, it is better that kapparos and the slaughtering of the chickens be performed a day or two before Yom Kippur.117 Since it is common for mishaps to occur during shechita, it is crucial that kapparos- chickens be shechted only under strict supervision of a competent kashrus authority, well versed in the relevant halachos.118

דףדף כדכד / עשרתעשרת ימיימי תשובתשובהה

Leaning on the chickens

Some have the custom to lean their hands on the chickens immediately before slaughtering them, as was done with korbanos in the Beis HaMikdash. This follows the principle found in the Gemara, “Shechita must immediately follow semicha (leaning).” However, some refrain from this practice, in order not to create the appearance that korbanos are being sanctiﬁed and slaughtered outside the Beis HaMikdash.119

Contemplating teshuva

A person should not imagine that simply swinging a chicken over his head will atone for all his sins. Rather, he should contemplate in his heart that all that is done to the chicken should rightfully be done to him; and that through his teshuva, Hashem will mercifully take the decree that would have befallen him and place it upon the chicken instead.120

117. Mishna Berura ibid, s.k. 2 citing the Pri Megadim. See also Pri Megadim (ibid: Eshel Avraham s.k. 1), who cites from Rashi (Shabbos 81b, s.v. Hai parpisa) that kapparos was performed on erev Rosh Hashanah. Accordingly, it may also be performed during the Ten Days of Teshuva. 118. See Mateh Ephraim ibid, 7; Mishna Berura s.k. 2 who make note of many particular aspects of shechita to which specific care must be given. 119. Rema 605:1, Mishna Berura s.k. 8; Shulchan Aruch HaRav 1. Those who follow the practice of leaning on the kapparos-chickens contend that the chickens do not appear like korbanos, since chickens were not offered in the Beis HaMikdash. After the chickens are slaughtered, their intestines are thrown onto the rooftops or into the courtyards, where carrion birds will eat them (Rema: ibid). The reason for this is that chickens were commonly allowed to roam free and eat any food they found, including that which they stole from the neighbors’ yards. Since the intestines are the first part of the body to be nourished from the stolen food, we refrain from eating them in order to impress upon ourselves to also refrain from thievery. Furthermore, we show mercy to the carrion birds by giving them food, in hope that Hashem will also show us mercy in turn (Mishna Berura ibid: s.k. 9). The Mateh Ephraim (s.k. 12) adds that the chicken’s liver is also thrown to the birds. 120. Chayei Adam 144:4; Mishna Berura s.k. 2. When the Jewish courts were so empowered, they performed four types of capital punishment. All four are symbolically performed upon the chicken. Its body is thrown after it is slaughtered, corresponding to sekila in which the person is thrown from a cliff and then stoned. The chicken is held by the throat, slaughtered, and singed over a fire, corresponding to chenek (strangulation), hereg (death by the sword) and sereifa (death by burning) – ibid, Shaar HaTzion s.k. 2. 32 / Meoros Halacha

Using a white chicken

A white chicken should preferably be used for kaparos, as the possuk states, “If your sins are [red] like scarlet, they will be made white as snow.”121 However, one should not make superﬂuous efforts or spend exorbitant amounts of money to acquire a white chicken, since this resembles the pagan practices of the Emorites and the rituals of idolaters122 (who prefer using white birds for their rites).

Pidyon Kaparos

It is customary to give the kapparos-chickens to poor people. However, it is better to give them the monetary value of the chickens instead, in order that they not be embarrassed by the thought that they are receiving chickens which carry the sins of their benefactors.123

דףדף כהכה / עשרתעשרת ימיימי תשובתשובהה

Rooster and hen

It is customary for men to use roosters for kapparos, and for women to use hens.124 If a group of people are of limited ﬁnancial means, they may use one rooster for several men and one hen for several women.125 One person can circle the chicken over the heads of others, or over his own family. When he circles it over their heads, he should recite, זה חליפתך“ ,This is your exchange,” and so on. For one other person, the single tense is used“ Alternatively, they may ”.זה חליפתכם“ ,For several other people, the plural tense is used ”.וכו all recite this formula for themselves.126

121. Rema, ibid. 122. Mishna Berura ibid, s.k. 4. 123. Rema ibid; Shulchan Aruch HaRav 4; Mishna Berura s.k. 5, 6. If one knows that the poor person will not be embarrassed, one may give him the slaughtered chicken since he will benefit immediately from its meat. Had the poor person received money, he would need to purchase another bird and go through the effort of having it slaughtered (Mishna Berura s.k. 5). The Mishna Berura (s.k. 6) adds that one may not use maaser money to pay poor people the value of the kapparos-chickens. 124. Tashbatz, cited in Beis Yosef 605, and Rema ibid, 1. 125. Mishna Berura ibid: s.k. 3. 126. Mateh Ephraim ibid, 3. Before circling a chicken over the heads of others, or over his own family, he should first circle one over his own head, in order that a meritorious person atone for the guilty. The same principle is applied to the service of the Kohen Gadol on Yom Kippur. He first confesses over the korban for himself, and then confesses on behalf of his family (Kitzur Shlah: Maseches Yoma, cited in Kaf HaChaim, 16). The Kaf HaChaim concludes that this is not strictly necessary, but it is preferable to do so if possible. Tractate Yoma / 33

Pregnant women

A pregnant woman should perform kapparos with a hen for herself and for her child should it transpire to be a girl, and also with a rooster for her child should it transpire to be a boy.127 Some have the custom to use two hens for a pregnant woman (for herself and for her baby, should it be a girl),128 and also one rooster (should the baby be a boy).

Using ﬁsh or other animals

It is customary to use specifically chickens for kapparos, since both a person and a chicken are called “gever.” Therefore, one gever atones for another.129 If a person does not have a chicken available, he may use a goose or other animal, provided that it is not a species fit to be offered in the Beis HaMikdash. (This is in order not to create the appearance that one is offering sacrifices outside of the Beis HaMikdash). Some hold that even fish may be used for kapparos.130

Kapparos with money

If there is a concern that the slaughtered chickens will not be prepared according to the standards of kashrus, it is preferable to use money for kaparos instead.131

127. Rema, ibid; Mishna Berura s.k. 3 citing Magen Avraham. 128. Mishna Berura ibid. This practice is based on the custom to use a different chicken for each person, and not to sufﬁce with one chicken for several people (Shulchan Aruch HaRav, ibid 3). 129. Tur citing Rishonim. Chickens were also more common than other animals. 130. Mishna Berura ibid, s.k. 4. 131. Chayei Adam 144:4; Mishna Berura ibid, s.k. 2. The Chayei Adam writes that people attach undue importance to the custom of kaparos, believing that their entire atonement depends on this practice… while in fact Torah prohibitions of neveila (improperly slaughtered meat) arise from it. In the rush for everyone in a large community to have their chickens slaughtered at once, the shochtim stay up all night slaughtering, in a state of utter exhaustion, and do not properly check their knives for nicks. Therefore he advises people who wish to observe the custom of kaparos to use money instead. 34 / Meoros Halacha

EREV YOM KIPPUR

דףדף כוכו / ערערבב יויוםם הכיפוריהכיפוריםם

Introduction

In Hashem’s love for the Jewish people, he has commanded us to fast for only one dayduring the year. (Yom Kippur is the only fast obligatory by Torah law). Even this one fast is for our own benefit, in order to atone for our sins. He further commanded us to eat and drink first, in order that the fast not harm us. The possuk states: ‘You shall afflict your souls on the ninth of the month.’1 Our Sages question the meaning of this possuk, since the fast of Yom Kippur takes place on the tenth, not the ninth of the month. Rather, they explain this possuk to mean that we must prepare ourselves by eating and drinking on the ninth, in order to be able to fast on the tenth. The Torah uses the expression, “Afflict your souls” when commanding us to eat, to teach that one who eats and drinks on the ninth, is considered as if he has fulfilled a mitzva to fast, which merits greater reward due to its great difficulty.2 Therefore, it is a mitzva3 to eat a large meal on erev Yom Kippur.4

1. Vayikra 23:32. 2. Rosh, Yoma 8:22; Tur and Shulchan Aruch 604; Shulchan Aruch HaRav ibid, 1; Mishna Berura s.k. 1. The Tur explains this with a parable of a king who decreed that his only son must fast, and instructed his servants to feed the prince beforehand, in order that he should have strength to endure the fast. The Ksav Sofer (O.C. 112) writes that although this is the reason for the mitzva, a person who is sick and will not fast on Yom Kippur is still obligated to eat on erev Yom Kippur. 3. The Beis Yosef (418) writes that this is a Rabbinic commandment, and the possuk cited above is only an asmachta. This is also the ﬁrst opinion he cites in Shulchan Aruch (570:3), where he implies that this is the accepted ruling. There, he also cites the Rambam who holds that eating on erev Yom Kippur is a mitzva from the Torah. The Shulchan Aruch HaRav (608:1) rules that it is a Rabbinic commandment, but the Magen Avraham (570 s.k. 9) cites proofs that it is a Torah commandment, and cites that this seems to be the opinion of the Tur (604). The Mishna Berura also rules that it is a Torah commandment (604 s.k. 1). 4. Shulchan Aruch 604. In regard to eating on the night before Yom Kippur, see Magen Avraham (s.k. 1) who cites from the Shlah some have the custom to recite shorter selichos on the night before Yom Kip- pur, since they view erev Yom Kippur as a Yom Tov. According to this opinion, the mitzva to eat begins at night. See Mishna Berura s.k. 2, Shaar HaTzion s.k. 11. See also Biur HaGra who proves from Rashi (Kesubos 5a s.v. Is lei) that the mitzva to eat a large seuda applies only by day, and not by night. The Aruch HaShulchan (ibid, 5) also follows this opinion. Tractate Yoma / 35

Rejoicing on erev Yom Kippur

An additional reason for preparing a festive meal on erev Yom Kippur is in order to show that we rejoice over this day on which we are atoned of our sins. We cannot honor Yom Kippur by eating on it a festive meal, as we honor the other Yomim Tovim. Therefore, we prepare a festive meal in its honor on the day before.5 A person should curtail his Torah study on erev Yom Kippur in order to make time to eat and drink.6

דףדף כזכז / ערערבב יויוםם הכיפוריהכיפוריםם

Foods that should be eaten on erev Yom Kippur

On erev Yom Kippur one should only eat light, easily digestible foods, in order that he not daven with a full stomach and a haughty heart on Yom Kippur.7Even during breakfast on erev Yom Kippur, one should not gorge himself with food.

5. Beis Yosef, ibid; Shulchan Aruch HaRav, ibid. See Shaarei Teshuva by Rabbeinu Yona (4:8) who writes: “Our Sages tell us that anyone who eats a meal on erev Yom Kippur is considered as if he fasted both on the ninth and the tenth… By showing his joy upon the arrival of the time of his atonement, he testiﬁes to his concern over his guilt and his grief over his misdeeds.” Furthermore, Yom Kippur is just like any other Yom Tov, on which we must celebrate the mitzvos of the day. On Yom Kippur itself we cannot partake of a feast, since it is a fast day, therefore the feast of Yom Kippur is celebrated on erev Yom Kippur (ibid, 9). A third reason he cites is, “In order that we will have strength to offer prayers and supplications on Yom Kippur, and to search for the counsel of our souls to return in teshuva (ibid, 10). In regard to a woman’s obligation to eat on erev Yom Kippur, R’ Akiva Eiger (Teshuvos 1, 16) raises the question that on one hand eating on erev Yom Kippur may be like all other positive, time-bound commandments, from which women are exempt. On the other hand, since the Torah expresses the mitzva to eat as if it were an obligation to fast, “You shall afﬂict your souls on the ninth of the month,” to convey that by eating on the ninth we are credited as if we had fasted on the ninth and the tenth, perhaps we should compare it to the obligation to fast on the tenth, in which women are obligated. He leaves this question as “requiring further attention.” The Kaf HaChaim (604:5) cites R’ Akiva Eiger, and then proceeds to cite from the Ksav Sofer (O.C. 112), the grandson of R’ Akiva Eiger, who resolves his grandfather’s question, concluding that women must eat on the ninth, just as they must fast on the tenth. This conclusion is especially valid according to the Tur, who explains the reason for the mitzva to eat is in order that one not be harmed by the fast. He cites further supports for this conclusion from the Maharil. The Chochmas Shlomo, in his gloss on Shulchan Aruch, also raises this question and concludes that women must eat on the ninth (see there for his reasoning). See also Minchas Chinuch (313 s.k. 15), who writes that since the Rambam did not differentiate between men and women, he clearly did not hold that this mitzva is from the Torah. (If it were a Torah commandment, women would be exempt from this positive, time bound mitzva). Rather, the Rambam must hold that this is a Rabbinic commandment, which our Sages chose to impose upon men and women alike. According to this opinion, the source from the possuk is only an asmachta. 6. Shulchan Aruch 604, Magen Avraham s.k. 1 (based on Berachos, 8b); Mishna Berura s.k. 1. 7. Shulchan Aruch 608:4. 36 / Meoros Halacha

He certainly should not do so during the last meal before the fast.8 It is a mitzva to eat ﬁsh on erev Yom Kippur.9 It is also customary to eat poultry.10 On erev Yom Kippur, one should not eat foods that may bring him to impure emissions. Therefore, one should not eat warm milk products. It is also best to avoid foods containing garlic or eggs. However, this custom does not preclude eating milk products in the morning, since these foods are easily digestible.11

Eating bread

It is customary to eat a meal with bread on erev Yom Kippur.12 Some have the custom to begin the meal with two loaves of bread, as is done on Yom Tov.13

Fasting on erev Yom Kippur

It is forbidden to fast on erev Yom Kippur, even in response to a bad dream. This is in contrast to Shabbos and Yom Tov, in which it is permitted under certain circumstances to fast in response to a bad dream.14 Eating on erev Yom Kippur is considered like fasting, and therefore is included in our Sages’ assurance that fasting is an effective response to a bad dream.15

8. Ibid, Mishna Berura s.k. 18. 9. Tosefos, Avoda Zara 5b, s.v. U’kdivrei; Tur 604. The Tur cites a Midrash, which tells the story of a tailor who paid an exorbitant amount of money to buy a fish for erev Yom Kippur. It is customary to eat fish during the morning meal, not during the last meal before Yom Kippur (Mateh Ephraim 608:1; Shulchan Gavo’ah and Yafe L’Lev cited in Kaf HaChaim ibid, 29). See also Kaf HaChaim (604:3, 6), and Ben Ish Chai (Parshas Vayelech, 1). 10. Levush 604, Taz s.k. 1; Magen Avraham 608 s.k. 7, Mishna Berura s.k. 16, Kaf HaChaim ibid 29 and 604:6. The Mishna Berura (ibid) cites from the Magen Avraham that it is customary to eat poultry during the last meal before Yom Kippur. However, the Pri Megadim implies that in his times it was customary to eat poultry in the morning. 11. Rema 608:4, Mishna Berura s.k. 16, 17. The Pri Megadim suggests that it may be permitted to eat food or drinks with milk mixed into them, such as coffee or tea with milk, based on the principle of batel b’rov (nullified in the majority) – Mishna Berura ibid; Kaf HaChaim, 36. 12. Eleph HaMagen 604:42; Kaf HaChaim ibid, 2. 13. Eleph HaMagen ibid; Kaf HaChaim ibid, citing the Shlah and Me’il Shmuel. 14. See Shulchan Aruch O.C. 288:5, Mishna Berura ibid. 15. Rema 604:1, Taz s.k. 2, Kaf HaChaim 11. However, if a person is worried about his dream, he may fast for most of the day on erev Yom Kippur, and conclude his fast shortly before Yom Kippur begins, in order to eat one meal. By eating even once, he fulfills the obligation to eat on the ninth (Shulchan Aruch HaRav 1; Mishna Berura s.k. 2). Tractate Yoma / 37

דףדף כחכח / ערערבב יויוםם הכיפוריהכיפוריםם

A partial Yom Tov

It is customary to treat erev Yom Kippur as a partial Yom Tov.16 Therefore, tachanun is not recited on erev Yom Kippur.17 .…For the Conductor“) למנצח וכו‘ יענך ה‘ ביום צרה ,During Shacharis on erev Yom Kippur May Hashem answer you on the day of misfortune”) is not recited, since erev Yom Kippur is not a day of misfortune.18 is omitted, since the recitation of מזמור לתודה During Pesukei de’Zimrah, the chapter of this chapter corresponds to the Korban Todah that was offered in the Beis HaMikdash. On erev Yom Kippur, they did not offer the Korban Todah, nor any other private korban.19 Generally, these korbanos could be eaten on the day they were offered and the following night, (or the Korban Shlamim on the day after as well), after which the korban became possul. Since it is forbidden to eat on Yom Kippur, the time limit for eating the korbanos was cut short, and the korbanos would possibly become possul.20 In order to avoid causing korbanos to become possul, these korbanos were not offered on erev Yom Kippur. For this reason, those accustomed to reading the Torah portions of the korbanos offered by individuals, need not read them on erev Yom Kippur, since these korbanos were not offered then. 21 However, the Torah portion for the Korban Ola may be recited as usual.22 and the Torah מזמור לתודה Nonetheless, some communities have the custom to recite portions of the korbanos (even those offered by individuals). This is the custom among Sefardic communities.23

16. Mishna Berura 604 s.k. 3. See Kaf HaChaim (20) who cites from Acharonim that one should not work on erev Yom Kippur, and a person who does work will see no blessing from it. One must rather devote his time to eating and drinking. 17. However, on the day before erev Yom Kippur (the eighth of Tishrei), tachanun is recited during Mincha, since the night of erev Yom Kippur is not considered a Yom Tov (Magen Avraham ibid, s.k. 1; Kaf HaChaim ibid, 18 and 581, 74). 18. Rema ibid, Mishna Berura s.k. 4, Kaf HaChaim ibid, 21. 19. A Korban Olah could be offered, since it was entirely consumed on the Mizbei’ach, and not eaten by people. 20. Rema and Mishna Berura, ibid. 21. ibid, Shaar HaTzion s.k. 12; Mishna Berura 51 s.k. 22. 22. Ibid. This is because the Korban Olah was not eaten. 23. Kaf HaChaim 604:23, citing Shayarei Knesses HaGedola’s gloss on the Tur, Shalmei Tzibbur and Pri Chadash. These source are also cited in Kaf HaChaim 51:52. 38 / Meoros Halacha

דףדף כטכט / ערערבב יויוםם הכיפוריהכיפוריםם

Avinu Malkeinu

The Acharonim debate whether Avinu Malkeinu should be recited on erev Yom Kippur. The Rema writes that in his city the custom was generally not to recite it on erev Yom Kippur. However, when Yom Kippur would fall out on Shabbos (when according to the Rema’s own opinion, Avinu Malkeinu is not recited on Yom Kippur) they recited Avinu Malkeinu during Shacharis of erev Yom Kippur, but not during Mincha.24 See footnote for the opinion of the Shulchan Aruch, and Sefardic custom.25

Davening by the graves of the righteous

In some communities it is customary to go to the graves of the righteous to pray on erev Yom Kippur,26 and to give tzedaka.27 One should not recite supplications other than those composed by the Torah leaders of previous generation, since tachanun is not recited on erev Yom Kippur.28

24. Rema 604, Mishna Berura s.k. 5; Kaf HaChaim 25. During Mincha of erev Yom Kippur, Avinu Malkeinu is never recited according to the Rema. 25. The Shulchan Aruch (622:3) rules that Avinu Malkeinu is recited even when Yom Kippur falls out on Shabbos. Even though this is considered praying for one’s needs, which is generally forbidden on Shabbos, since Yom Kippur is the conclusion of our judgment, we must seize this last opportunity to pray for our needs (Beis Yosef citing the Ran). However, the Rema argues against this ruling, and contends that the custom is not to recite Avinu Malkeinu when Yom Kippur falls out on Shabbos. See Kaf HaChaim (584:8), who cites various opinions, and concludes that those who follow the opinion of the Arizal do recite Avinu Malkeinu on Shabbos. See also Kaf HaChaim (604:25) that those who recite Avinu Malkeinu when Yom Kippur falls out on Shabbos, recite it also on Mincha of the day before. The Kaf HaChaim (622:25) also writes that even among Sefardim, some have the custom not to recite Avinu Malkeinu on Shabbos. 26. Rema 605. The graveyard is the resting place for the righteous, and therefore it is a pure and holy place, where prayers are especially potent. When a person prays by the grave of a tzaddik, he should not intend to beseech the tzaddik for help. Rather he should entreat Hashem for mercy in the merit of the tzaddikim. One should give tzedaka before praying (Shulchan Aruch 581 Mishna Berura s.k. 27, Kaf HaChaim 95). Kaf HaChaim (ibid, 98) cites from the Shlah an additional reason for davening next to graves, in order that the deceased may pray for mercy on our behalf. There are source for this custom in the Gemara, where we ﬁnd that R’ Mani prayed by his father’s grave, and Kalev prayed by the graves of the Avos. 27. Rema 605. See Kaf HaChaim (ibid: 31) citing from Siddur Yaavetz, who questions the custom of visiting graveyards on erev Yom Kippur, since it is a Yom Tov and one is not meant to visit a graveyard on Yom Tov. The Yafe Lev (2:3) cites this argument, and concludes that it is best to go to the graveyards a day or two before. 28. Mishna Berura ibid, s.k. 7. Tractate Yoma / 39

Immersing in a mikva on erev Yom Kippur

It is customary to immerse in a mikva on erev Yom Kippur. Even those who are not accustomed to immersing in a mikva throughout the year, must still immerse on erev Yom Kippur in order to be cleansed for this holy day.29 No blessing is recited over this tevila, since it is only a custom.30

דףדף ל / ערערבב יויוםם הכיפוריהכיפוריםם

Chatzitzos

Although men are generally not strict about removing chatzizos (e.g. dirt or other substances attached to the skin or hair that separate between the body and the mikva water) before immersing, on erev Yom Kippur they should be stricter than usual.31 Therefore, before immersing one should cut his nails and make sure that there is no food caught between his teeth. One should wash in warm water to ensure that his body is clean, brush out his hairs to separate them,32 and then immerse three times.33

29. Shulchan Aruch 606:4, Biur Halacha s.v. Yachol l’tvol. Some hold that the reason for this immersion is to purify oneself from impure emissions, in order that he be cleansed and purified for Yom Kippur. According to this opinion it is sufficient to immerse once. Others explain that one immerses as an act of teshuva, like a convert who immerses as he becomes a Jew. According to this opinion, one should immerse three times. (Shulchan Aruch HaRav ibid, 11, 12; Mishna Berura s.k. 21). 30. Shulchan Aruch ibid, 4; Mishna Berura s.k. 19. 31. Mateh Ephraim 606:8. See Shulchan Aruch 88:1; Biur Halacha s.v. V’chain pashat haminhag, citing from the Eshkol that during the rest of the year, a person who immerses to purify himself from an impure emission need not clean his body from chatzitzos before immersing. However he implies that chatzitzos covering the majority of the body must be removed. 32. Mateh Ephraim, ibid. Kaf HaChaim (ibid: 58) cites this opinion from the Mateh Ephraim and the Ben Ish Chai (Parshas Vayelech, 8) that one may immerse only after having removed chatzitzos, cut his nails and brushed his hair. Since one should not cut his fingernails and toenails on the same day, he should cut his toenails on the day before (Mateh Ephraim ibid). See Eleph HaMagen, 18. 33. Mishna Berura 606 s.k. 21; Kaf HaChaim ibid, 54. According to the opinion that this immersion is for teshuva, one should immerse three times (Magen Avraham ibid). The Kaf HaChaim (ibid) cites from the Shlah that some pious individuals immerse thirty-nine times, corresponding to the thirty-nine lashes inflicted by Beis Din as corporal punishment. This inspires a burning enthusiasm of holiness in one’s heart, fulfilling the possuk, “We have passed through fire and water.” 40 / Meoros Halacha

The proper time for immersing

A person may immerse at any time on erev Yom Kippur.34 However, it is customary to immerse before davening Mincha, in order that one be pure while reciting viduy (confessions) during Mincha.35 Some immerse after their last meal before Yom Kippur, in order to immerse as close as possible to Yom Kippur.36

If one is unable to immerse

If it is difﬁcult for a person to immerse in a mikva and this would cause him discomfort, or in a place where no mikva is available, it is sufﬁcient for him to pour “nine measures” of drawn water over his body.37

May a mourner immerse

Like other Yomim Tovim, Yom Kippur brings an end to the seven day mourning period. Therefore, a mourner who was sitting shiva on erev Yom Kippur38 gets up after Mincha close to shekia (sunset), and can then wash in hot water and immerse in a mikva.39

34. Ibid, 4. This is provided that he immerses before nightfall. 35. Ibid, Mishna Berura s.k. 18. Ideally, one should immerse after midday. If a person wishes to immerse earlier, he should do so no earlier than one hour before midday (Chayei Adam 144:7, cited in Kaf HaChaim 52). 36. Mishna Berura, ibid. 37. Rema ibid, Mishna Berura s.k. 22. See Shulchan Aruch 88; Mishna Berura s.k. 22 that one must pour these nine measures over his body, and not immerse in them (since they are drawn water). It is acceptable to pour the water from up to three different vessels, on condition that one begins to pour the second before the first is finished, and begins the third before the second is finished. If the nine measures are poured from more than three vessels, the procedure is invalid. One should stand upright with both hands placed loosely over his heart (not firmly clenched together) while the nine measures are poured over him. One should also be careful that the water is thrown directly towards his body. The Teshuvos Tzur Yaakov (She’eiris Yaakov 9) cited in Minchas Yitzchak (III, 15:11, see also IV 21:2) rules that it is sufficient to stand beneath a shower that pours nine measures of water without interruption. . The Beis Yosef (606) cites from the Tashbatz that the “nine measures” of water equal the volume of 216 eggs. The Pri Megadim (M.Z. s.k. 6) also cites this ruling. According to R’ Chaim Naeh’s calculation of the volume of eggs, this equals 12.45 liters. According to the Chazon Ish, it equals 21.6 liters. (See also Minchas Yitzchak IV, 21:2 who cites the opinions of the Poskim in this matter). 38. See Kaf HaChaim (606:63), citing the Beis Yosef in the name of the Tashbatz that this applies only from three days after the niftar was buried. Within three days of burial, a mourner may not wash even on erev Yom Kippur. However, the Bach contends that even if the niftar died on the very day of erev Yom Kippur, the mourners still rise after Mincha and may wash themselves shortly before Yom Kippur. This opinion is accepted by the Shiyarei Knesses HaGedola and Mishna Berura (ibid, s.k. 23). The Mishna Berura (548 s.k. 39) rules that mourners on erev Yom Kippur may only be lenient with regard to washing themselves. The other practices of mourning, such as sitting on the ground and not wearing shoes, are observed until nightfall. The Shaar HaTzion (ibid, s.k. 29) cites from the Eliya Rabba in the name of the Raavan who is lenient from Mincha and on even with other practices of mourning. 39. Rema 606:4, Mishna Berura s.k. 24, 25; 548:10, s.k. 40. See Mishna Berura (606 s.k. 25) who cites Tractate Yoma / 41

דףדף לאלא / ערערבב יויוםם הכיפוריהכיפוריםם

Viduy (Confessing)

Introduction

Yom Kippur is a time of teshuva for all: for the individual and for the community. It is the ultimate time of forgiveness for the entire Jewish people. Therefore, we must all return in teshuva and confess our sins before Hashem on Yom Kippur.40 When korbanos were offered for atonement, the penitent who offered them was required to confess his sins.41 The same is true of the atonement enacted on Yom Kippur. “Viduy” (confession), is a positive commandment from the Torah, as the possuk states, “They will confess the sins that they committed.” If a person fails to confess his sins on Yom Kippur, the day appointed for forgiveness and atonement, he transgresses this commandment.42 Yom Kippur enacts atonement only for those who repent and believe in Yom Kippur’s power to atone. If a person thinks to himself, “What beneﬁt is this day to me?” then it does not atone for him.43

Who is obligated to confess

The commandment to confess one’s sins is incumbent in all places, at all times, both for men and for women. Therefore, women must also confess their sins.44

from the Magen Avraham that one may only be lenient from an hour or two before nightfall, but no earlier. The Kaf HaChaim (606:67) writes that although the Shulchan Aruch (548:10) rules that when Yom Tov occurs in the middle of shiva, a mourner may only wash after nightfall, this is true only in regard to other Yomim Tovim, in which it is permitted to wash. However, on Yom Kippur it is forbidden to wash. This is comparable to the prohibition against laundering clothes during shiva. Since it is forbidden to wash clothes on Yom Tov, one may wash them on erev Yom Tov in the afternoon. For this same reason one way wash himself on erev Yom Kippur close to shekia. Furthermore, one does not wash and immerse for his enjoyment, but in order to purify himself with teshuva. However, one must daven Mincha before washing himself (see Kaf HaChaim 548:54). 40. Yoma 86, 87; Rambam, Hilchos Teshuva 2:7. 41. Levush 607, Shulchan Aruch HaRav ibid, 1. 42. Sefer HaChinuch 363; Kaf HaChaim 607:4. 43. Rambam, Hilchos Shgagos 3:10; Rema end of 607. 44. Chinuch, ibid. See Kaf HaChaim ibid, who cites from the Yafe L’Lev that it was an unheard of practice for women to confess on Yom Kippur. Perhaps the reason for this is that they rely on their husbands, who recite in their viduy, “But we and our fathers and our families have sinned.” Nonetheless, the Kaf HaChaim concludes that women should be instructed to confess by themselves, since a mitzva is best performed personally and not through an intermediary. Children should also be trained to confess, in order to accustom them to this practice. 42 / Meoros Halacha

Confessing on erev Yom Kippur

The obligation to confess on Yom Kippur begins with nightfall. However, the Sages instructed us to confess before we eat and drink at the Seuda HaMafsekes, for concern that we might not be sober enough to confess later.45

דףדף לבלב / ערערבב יויוםם הכיפוריהכיפוריםם

Confessing during Mincha

Our Sages instructed us to recite the viduy of erev Yom Kippur after completing the Mincha Shemoneh Esrei,46 since from midday the holy radiance of Yom Kippur begins to shine.47 However, only the individual after his silent Shemoneh Esrei recites viduy. The chazan does not recite viduy during his repetition of Shemoneh Esrei.48

An additional viduy before Yom Kippur begins

Some authorities hold that even if one has recited viduy during Mincha, he must recite viduy again before Yom Kippur begins.49 It is proper to fulﬁll this opinion by reciting viduy

45. Yoma 87b; Tur and Shulchan Aruch 607:1. See Rashi s.v. Shema titrof daato, who explains that our Sages were concerned that one might become drunk and be unable to confess after the meal. The Rambam (Hilchos Teshuva 2:7) writes that the concern was that one might choke during the meal. 46. Tur and Shulchan Aruch 607:1. 47. Chayei Adam, 144:9. 48. Rema 607:5; Shulchan Aruch HaRav, 3. See Tur, who cites the explanation of the Avi Ha’Ezri, that whereas individuals recite their viduy at the end of Shemoneh Esrei, the chazan on Yom Kippur recites his viduy in the middle of Shemoneh Esrei. Viduy on erev Yom Kippur may be added to the voluntary petitions at the end of Shemoneh Esrei, but it may not be added into the middle of Shemoneh Esrei. Fur- thermore, since it is only a precaution that one might be unable to recite viduy on Yom Kippur, it was added to the individual’s silent Shemoneh Esrei, but not to the chazan’s repetition. The Shulchan Aruch HaRav (ibid) explains that the chazan repeats Shemoneh Esrei only in order to exempt those who cannot daven. Since few people are unable to daven, it is unlikely that one such person will suffer some sort of accident rendering him unable to attend services on Yom Kippur. 49. This ruling is based on a debate between Rishonim over how to interpret the Gemara’s statement: “It is a mitzva to recite viduy on Yom Kippur at night.” Some explain this to mean that one should recite viduy at the beginning of Yom Kippur, during Maariv at night. Therefore, even though one has already recited viduy during Mincha on erev Yom Kippur, he should recite it again during Maariv on Yom Kip- pur, since Yom Kippur is the principle time for confession (Ran, Yoma 6a s.v. Tanu Rabanan, citing Rishonim). Others explain that “Yom Kippur at night” means just before night. Just before Yom Kippur begins, viduy should be recited in order to enter into Yom Kippur free of sin. Viduy is recited immediately before nightfall, in order that one will not have time to sin in the interim. Even though one has already recited viduy during Mincha, perhaps he has sinned again since then. According to this opinion, just before Yom Kippur begins is also considered a “principle time for confession”– Ramban, Yoma 87b. Tractate Yoma / 43 again before nightfall.50 This custom is prevalent today; Ashkenazim fulfill it by reciting Tefilla Zakka (which contains viduy),51 and Sefardim fulfill it by reciting Lecha Kaili, Teshukati.52

דףדף לגלג / ערערבב יויוםם הכיפוריהכיפוריםם

Viduy on Yom Kippur

In addition to the viduy recited on erev Yom Kippur, viduy is recited again on Yom Kippur during Maariv,53 Shacharis, Mussaf, Mincha and Ne’ila. Even though one has already confessed during Maariv, he must confess again during Shacharis, in case he might have sinned again in the interim. For this same reason, he must repeat viduy during Mussaf, Mincha and Ne’ila, to atone for any sins that one might transgress in the interim. Yom Kippur enacts atonement until the very end of the day.54

The individual’s Viduy

Viduy is recited after the berachos of the individual’s silent Shemoneh Esrei, before he ,אלוקי נצור before יהיו לרצון If a person is accustomed throughout the year to recite .אלוקי נצור before beginning viduy.55 יהיו לרצון should recite

The chazan’s viduy

When the chazan davens Shemoneh Esrei quietly for himself, he prays as any other individual does. Therefore, he should say viduy after the berachos of Shemoneh Esrei, before When he repeats Shemoneh Esrei aloud, he should say viduy in the fourth .אלוקי נצור beginning beracha (the middle beracha of Shemoneh Esrei).56

50. Beis Yosef (607) writes that the custom is not to follow the Ramban’s opinion. However, the Magen Avraham (s.k. 7) cites from the Shlah that it is proper to be stringent in accordance with the Ramban, and to confess again after eating, and before nightfall. This ruling is accepted by the Shulchan Aruch HaRav ibid, 2; Mishna Berura s.k. 1 and Kaf HaChaim, 2. 51. Mishna Berura ibid, s.k. 1. The Siddur Yaavetz adds that after Teﬁlla Zacha, as the night begins, one .אשמנו should quietly say the viduy beginning 52. Kaf HaChaim ibid, in accordance with the Pri Chadash. See Pri Chadash, who writes that one must stand during this viduy. 53. According to the opinion of the Ran, Yom Kippur itself is the principle time of confession, as discussed above in footnote 49. Even according to the Ramban, one must confess again on Yom Kippur night, since he certainly agrees that on Yom Kippur itself one must confess and repent in sincere teshuva Beis Yosef 607; Shulchan Aruch HaRav ibid: 1, 2. 54. Shulchan Aruch HaRav ibid, 1. ,should be recited at the end of viduy ”אלוקי נצור“ .Shulchan Aruch ibid, 1; Mishna Berura s.k. 2, 16 .55 .as is found in siddurim – see Mishna Berura s.k. 16 ,’אלוקי עד שלא נוצרתי‘ after the section 56. Rema, ibid; Mishna Berura s.k. 4. 44 / Meoros Halacha

When the chazan says viduy aloud in his repetition, the congregation must stand57 and recite viduy again together with him.58

דףדף לדלד / ערערבב יויוםם הכיפוריהכיפוריםם

Standing for viduy

Viduy must be recited while standing, since standing humbles the heart, and helps a person confess with complete sincerity.59 A person must not lean his weight on anything to such an extent that he would fall if his support would be pulled away. Leaning to this extent is considered like sitting.60 Ideally, it is best to bow while reciting viduy, as one bows for Modim.61 If it is difﬁcult to bow one’s body, he may sufﬁce with bowing his head forward slightly.62

57. Shulchan Aruch ibid, 3. 58. Rema, ibid. See Mishna Berura (s.k. 11), who cites from the Nahar Shalom that the wording of the Shulchan Aruch implies that the congregation need not repeat viduy together with the chazan. They need only stand and listen to the chazan’s repetition. However, the Rema citing the Ran argues that the congregation must repeat viduy together with the chazan. This is also the opinion of the Itur and Meiri, and the prevalent custom today. See Kaf HaChaim (ibid: 26), who cites the Mishna Berura. See also Kaf HaChaim 131:13, who rules that even during the rest of the year, it is proper to repeat viduy with the chazan during tachanun. However, the Ben Ish Chai (First Year, Parshas Ki Sisa:7) rules that the rest of the year the custom is not to repeat viduy with the chazan. Nevertheless if a person sees the rest of the we have sinned) ’חטאנו עוינו פשענו‘ community reciting viduy, it is proper to recite together with them accidentally, we have sinned deliberately, we have sinned rebelliously), which is a shortened and all- inclusive version of viduy. 59. Shulchan Aruch 607:3, Mishna Berura s.k. 10. As the possuk states, “They stood and confessed their sins” (Nechemia 9:2. See Kaf HaChaim ibid 23, citing Yafe L’Lev). The Kaf HaChaim (131:17) writes that viduy must be recited slowly, deliberately, and with a contrite heart. A person should pause between words to remember before Whom he is confessing. When a person rushes through the words without thinking of their meaning, he damages more than he ﬁxes. In coming to confess and beg forgiveness before the Great and Exalted King, how might we face Him if not as paupers with broken hearts and contrite spirits. 60. Shulchan Aruch 607, Mishna Berura s.k. 10 and Shaar HaTzion s.k. 8. The Mishna Berura cites from the Pri Megadim that if a person does lean in this way, it is unclear whether he must repeat viduy. See Kaf HaChaim (ibid, 23), who rules that an elderly or weak person may lean while reciting viduy. 61. Shlah, cited in Magen Avraham ibid, s.k. 4; Mishna Berura ibid, Shaar HaTzion s.k. 6. The Shlah explains that when one bows, his body bends over like a snake. When confessing the sins that were caused by the inﬂuence of the snake (i.e. the primordial snake: the yetzer hora), one should bow like a snake, to rectify the source of his misdeeds. It is proper to bear in mind this thought when bowing for viduy (cited in Machatzis HaShekel ibid; Eleph L’Mateh, 8). The Kaf HaChaim (ibid, 24) cites what he wrote above (131:13) in the name of the Chida, that in our lowly generation, one should not bow too much, in order that other people not be tempted to mock him, and bring sin upon themselves. 62. Ibid, Shaar HaTzion s.k. 6. They may be particularly lenient when repeating viduy together with the chazan. Tractate Yoma / 45

The essence of viduy

This includes .אבל אנחנו חטאנו עוינו פשענו ,The most essential part of viduy is the words Some 63.(פשענו) and rebellious sins ,(עוינו) deliberate sins ,(חטאנו) confession for accidental sins we have been guilty) is also included in the essential part of viduy.64) ’אשמנו‘ hold that However, since it is customary to add other parts to viduy, such as “What shall we אתה יודע‘) ”You know all that is hidden in the world“ ;(’מה נאמר לפניך‘) ”?say before You these are all considered parts of viduy, and 65,(’על חטא‘) ”…and “For the sin of ;(’רזי עולם they must all be recited standing, until the end of the section, “For the sins for which we 66.(’על חטאים שאנו חייבים עליהם ארבע מיתות בית דין‘) ”… are liable the four types of execution

דףדף להלה / ערערבב יויוםם הכיפוריהכיפוריםם

Fortunate is he whose sins are concealed

One need not specify his sins during viduy. Having simply said, “I have sinned,” he fulﬁlls his obligation.67 When the chazan says viduy aloud in his repetition, or if an individual says viduy in an audible voice, he should not specify the sins that he has committed and are not public knowledge. It is not respectful to Hashem to publicly reveal how one has sinned against Him.68 In regard to this, the possuk states, “Fortunate is he whose sins are forgiven, and his transgressions are concealed.” However, one may confess aloud those sins that have already become public knowledge.69

63. Rema ibid: 3, Mishna Berura s.k. 12, Shaar HaTzion s.k. 11. Kaf HaChaim (ibid, 31) cites the Mi- drash Tanchuma on the possuk, “And the nation came to Moshe and said, ‘We have sinned’” that as soon as they confessed their sin, they were forgiven. The Midrash Aggada also states that if a person sins and admits his sin, the angel of destruction may not touch him. 64. Ibid, Shaar HaTzion. This is the opinion of the Shlah, which is cited as accepted halacha by some Acharonim. 65. Tur ibid, Mishna Berura s.k. 12; Kaf HaChaim 27, 29. 66. Mishna Berura, ibid s.k. 10, 12, Shaar HaTzion s.k. 12; Kaf HaChaim 24. Even though one fulﬁlls nevertheless the additional confessions are also ,חטאנו עוינו פשענו ,his obligation of viduy with the words included in the viduy and must be recited while standing – Shaar HaTzion, ibid. 67. Mishna Berura 607 s.k. 5. 68. This applies even to sins that are bein adam l’chaveiro – between man and his fellow (Mishna Berura s.k. 9). However, according to the Rambam there is no prohibition against a person publicizing his bein adam l’chaveiro sins (Shaar HaTzion s.k. 5). 69. Shulchan Aruch ibid 2, Mishna Berura s.k. 6. The Shaar HaTzion (s.k. 3) writes that according to the Vilna Gaon, sins bein adam l’Makom – between man and God, should not be confessed aloud even if they are already public knowledge. The Gaon explains that this is in fact the opinion of the Shulchan Aruch. According to the Rambam cited above, it is permissible and even proper to confess aloud sins bein adam l’chaveiro, even if they are not public knowledge. 46 / Meoros Halacha

Quietly specifying one’s sins

When confessing quietly, it is proper for a person to specify his sins, even those sins that are not public knowledge. Thereby, one becomes more deeply ashamed of his sins, and regrets them from the depth of his heart. Since no one else can hear his confession, this still fulﬁlls the possuk that instructs us to conceal our sins.70 When confessing a particular sin, a person should confess with a bitter heart and sorrowful tears. If his sin is among those speciﬁcally mentioned in the viduy, he should particularly take it to heart when he reaches the relevant part of viduy.71

Specifying, “For the sin of…”

It is not considered an improper public confession of sins to recite aloud the accepted liturgy found in siddurim, in which the sins are listed according to the aleph-beis with stanzas since everyone recites the same liturgy. Therefore it is ,(על חטא) ”…beginning, “For the sin of part of the nusach of davening.72

דףדף לולו / ערערבב יויוםם הכיפוריהכיפוריםם

Confessing again sins one has already confessed

Sins that one has already confessed on the previous Yom Kippur, and has not since repeated, even though they were already forgiven, may still be speciﬁed in viduy and confessed again. Moreover, a person who does so is praiseworthy for fulﬁlling the possuk, “My sins are always before me.” That is to say, I am not so bold as to assume that all my sins have been forgiven.73

70. Mishna Berura ibid, s.k. 7, 8. 71. Mateh Ephraim 607:8. Eleph HaMagen (ibid:6 and 586:46) cites from the Arizal and Reishis Chochma (Shaar HaYira, ch. 9) who in turn cite from the Zohar, that a persons sins are inscribed upon his face. When the hosts of Heaven see the mark of sin upon him, they curse him and ostracize him as a pariah. The spirit of impurity then rests upon him due to his sins. In order to erase this mark, a person must cry over his sins and wash his face with his tears. The Reishis Chochma adds that it is proper to wipe the tears across one’s brow, since the mark of sin is left there. It is also proper to wipe one’s hands with his tears, as the possuk states, “On the hand of each person is signed [the mark of his sin].” 72. Ibid. Viduy was arranged according to the aleph-beis in order to purify the twenty letters of the To- rah that were sullied by our sins (Eleph HaMagen 5, citing Totzaos Chaim). Similarly, the Kaf HaChaim (ibid, 18) writes in the name of the Yafe L’Lev that since we have transgressed the Torah, which was written in aleph-beis, we must also confess with the aleph-beis. A third reason given is in order to help people remember the stanzas, and thereby encourage them to return in sincere teshuva. 73. Yoma 86b, Rashi ibid; Shulchan Aruch 607:4, Shulchan Aruch HaRav 9, Mishna Berura s.k. 13. The Mishna Berura (ibid) cites the Pri Megadim as to how this principle is applied to sins bein adam l’chaveiro. See Kaf HaChaim (ibid: 35) who cites from mussar seforim that when a person confesses, he must confess all the sins that his soul has committed from the creation of the world until that day. Although the body takes many incarnations, the eternal soul is one. Tractate Yoma / 47

Striking the chest

When reciting viduy, with the mention of each sin one should strike his chest or his heart with his ﬁst, as if to say, “You have caused me to sin.”74

Regret over the past and resolution for the future

One must confess with both his mouth and his heart, with contrition, tears and a broken spirit. One must resolve never to repeat his sins, and he must cry remorsefully over how he has angered Hashem, the Lord of Hosts. Through his contrition and tears, his heart will certainly be broken in his breast, such that he will ﬁrmly resolve to make every effort not to return to his evil deeds. This is true teshuva. When a person merits to feel this mournful bitterness, he can be assured that he is forgiven of his sins. Fortunate is a person who can confess so sincerely.75

דףדף לזלז / ערערבב יויוםם הכיפוריהכיפוריםם

The order of viduy

When reciting viduy, one should confess his less heinous sins before the more heinous ones. Therefore, one should say, “For the sin that we have sinned before You in private and in public…By accident and on purpose…”; and so on. Sinning in public is worse than sinning in private, and sinning on purpose is of course worse than sinning by accident.76

74. Mishna Berura s.k. 11. The Kaf HaChaim (131:5) cites from the Chesed L’Avraham that when striking the heart, it is best to clench one’s fist with the thumb beneath the fingers, which symbolize the attribute of mercy. One should have intention that the attribute of mercy should overpower the attribute of harsh judgment. He also cites from the Ben Ish Chai (Parshas Ki Sisa, 3) that the heart is located slightly beneath the chest, and one should be careful to strike specifically there. 75. Chayei Adam, 143. 76. Shibolei HaLeket, cited in Magen Avraham 607 s.k. 3; Derech HaChaim, cited in Mishna Berura s.k. 11. The Magen Avraham also writes that the order found in siddurim, “We have sinned before You in public and in private,” should not be changed to read, “in private and in public,” since the accepted wording follows the order of the aleph-beis. In this case, we confess our private and public sins at once, and therefore do not contradict the principle of not stating the more severe before the less. The Kaf HaChaim (ibid, 20) cites this ruling and concludes that each person should follow the custom of his community, since none of these changes invalidate davening, and they are all only questions of how to pray in the most eloquent form of speech. The Magen Avraham (ibid) writes that there are three Hebrew words for sin, and three words for atone- and the word ;עוונות is appropriate for סליחה the word ;חטאים is appropriate for כפרה ment. The word -is ap מחילה However, the Shulchan Aruch HaRav (ibid, 7) writes that .פשעים is appropriate for מחילה ,The Kaf HaChaim (ibid, 22) cites both opinions .פשעים is appropriate for סליחה and, עוונות propriate for and concludes based on the Mateh Ephraim that one should not change his accepted nusach, as discussed below. 48 / Meoros Halacha

However, the Poskim conclude that one should not change the accepted nusach found in siddurim. It is inadvisable for a person to separate himself from the community by davening differently, just in order to place the more severe sins after the less severe, or other such non- essential corrections. Rather, each person should daven according to the accepted custom of his place, and not exclude himself from the community. In these holy days, it is most important that we include our own prayers among the prayers of the community.77

Interrupting viduy

One may not interrupt by speaking in the middle of viduy. This applies both to the viduy recited by the individuals after their silent Shemoneh Esrei, and to the viduy recited together with the chazan in the repetition of Shemoneh Esrei. It applies both during the section 78 .’על חטא‘ and the section beginning ,’אשמנו‘ beginning However, one does interrupt to answer the responses of davening listed in the footnote,79 even during the viduy recited by the individual at the end of Shemoneh Esrei.80

77. Mishna Berura, ibid; Kaf HaChaim citing Mateh Ephraim. When a person differs from the nusach of the congregation, his prayers make their own impression Above, and are set aside from the prayers of the congregation. Even on a regular weekday it is improper to do so; rather, a person should pray and confess his sins together with the community, as the pesukim state, “The Mighty God does not despise [the prayers of the congregation],” and “You have redeemed my soul in peace… for the multitudes have stood beside me.” (Mateh Ephraim ibid, 2) 78. Mishna Berura ibid, s.k. 11. 79. Mishna Berura, ibid. The rules of which interruptions may be made during viduy at the end of the -for one who is accus) אלוקי נצור silent Shemoneh Esrei are equivalent to the rules of interruptions during tomed to say it), and to the rules of interrupting during the berachos of Shema (Shulchan Aruch 122). after davening, it אלוקי נצור The Mishna Berura (ibid, s.k. 1) holds that if a person is accustomed to say takes on the status of Shemoneh Esrei to some extent. Therefore, one may not interrupt to answer Amen -dur ’ברוך‘ and ’דאמירן בעלמא; ’קדוש Amen after ;אמן יהא שמיה to most berachos. He may only answer which are equivalent to Kedusha); Barchu. When) שומע תפילה and ’האל הקדוש‘ ing Kedusha; Amen for are said. The Pri ’מודים אנחנו לך‘ ,answering Modim during the chazan’s repetition, just the three words Megadim supports this opinion. one may answer Amen to any beracha (Kitzur Shulchan Aruch אלוקי נצור Other Poskim hold that during 18:15; Chida in Kesher Gudal 9:17; Ben Ish Chai: First Year, Parshas Beshalach 22). According to both .אלוקי נצור opinions, the same guidelines should apply to interrupting viduy recited before for one who is not אלוקי נצור However, the Eleph HaMagen (607:2) writes that viduy has the status of accustomed to say it, and it therefore does not have the status of Shemoneh Esrei. Accordingly, he holds that all should agree that one may answer Amen to any beracha during viduy. The Kaf HaChaim (607:25) writes explicitly that one may answer Amen to any beracha during viduy. and he has not yet said it, when ,’אלוקי נצור‘ before ’יהיו לרצון‘ If a person is accustomed to saying .80 before answering kedusha (Shulchan ’יהיו לרצון‘ he hears the chazan begin kedusha he should say then Aruch 122:1, Mishna Berura s.k. 2). Tractate Yoma / 49

Thirty-nine lashes

The Shulchan Aruch writes that after Mincha an erev Yom Kippur, the entire congregation should be lashed with thirty-nine lashes. Thereby, they will take to heart to return in teshuva from the sins they have committed.81 This is also effective in subjugating the heart, and preparing it to serve Hashem with awe and trembling.82 See footnote.83

דףדף לחלח / ערערבב יויוםם הכיפוריהכיפוריםם

The last meal before Yom Kippur

The last meal before Yom Kippur is known as the Seuda HaMafsekes, which means the “concluding meal,” since with it one concludes eating before the fast begins.84 One must ﬁnish eating before nightfall. (See below regarding a person who wishes to eat again after the Seuda HaMafsekes, before nightfall). It is customary to dip the slice of bread cut for HaMotzi into honey.85 Some have the custom to dip it into both salt and honey.86

Which foods should be eaten

During the Seuda HaMafsekes, one should only eat easily digestible foods.87 It is customary to eat poultry.88

81. Shulchan Aruch 607:6. Even real lashes would not be effective to achieve atonement in our era, since there is no authorized Beis Din to administer them. Furthermore, one is only liable for lashes if he was warned by witnesses before he sinned. The only reason we give lashes on erev Yom Kippur is as the Shulchan Aruch explained, in order to subdue our hearts to return in teshuva (Mishna Berura s.k. 18). The Kaf HaChaim (ibid, 44) cites from the Levush that although these are not real malkos, they do enact some degree of atonement. He also cites from the Yafe L’Lev that the embarrassment one suffers by receiving malkos atones for him, and saves him from the judgment of Gehinnom. 82. Shulchan Aruch HaRav 11. As one is receiving the lashes, he should recite viduy three times. The והוא רחום) ”…person administering the makkos should say the possuk, “And He is merciful, atones for sin .three times, for a total of thirty-nine words corresponding to the thirty-nine malkos (Rema, ibid (יכפר עוון See there for further details of this custom). 83. The Kaf HaChaim (ibid, 40) writes that many have the custom not to give malkos, since they consider erev Yom Kippur to be a Yom Tov. He also cites (ibid, 41) that the Arizal was not particular to perform this custom. When he did administer malkos, he would strike four times, corresponding to the four letters .הוי“ה of Hashem’s Name 84. Rashi, Kesubos 63a, s.v. Lo; Taanis 30a, s.v. .Hamafsik ba. 85. Mateh Ephraim 608:1. 86. Kaf HaChaim (ibid, 30) citing the Ben Ish Chai. 87. Shulchan Aruch 605:4. 88. Magen Avraham s.k. 7. The Machatzis HaShekel explains that poultry is easy to digest. The Mateh Ephraim (ibid, 1) also writes that it is customary to eat poultry, but he adds that if one does not have poultry available he may eat other kinds of meat. The Mishna Berura (s.k. 16) cites the Magen Avraham above, and also cites the Pri Megadim that in his times it was customary to eat poultry in the morning. 50 / Meoros Halacha

One should not eat foods that might cause impure emissions, such as heavily spiced foods or ﬁne wine.89 One should also not eat warm milk products, garlic or eggs, a discussed above.90 It is forbidden to drink alcoholic beverages, or to eat gluttonously past satiation.91

דףדף לטלט / ערערבב יויוםם הכיפוריהכיפוריםם

Concluding the meal

After concluding the meal, before Birkas HaMazon, Shir HaMaalos is recited. It is customary to recite Shir HaMaalos with tears and with intense devotion, as we consider how many years have passed and we have not yet been redeemed and returned to Tzion. One should also arouse intense kavana when reciting the other petitions of Birkas HaMazon, in order to entreat and beseech the King of Judgment before the beginning of this great and awesome day, in which the fate of each person is sealed. Everything is decided based upon the ﬁnal moments.92

As discussed above (section 2, footnote 9), the prevalent custom is to eat fish in the morning on erev Yom Kippur, but not for the Seuda HaMafsekes. The Eleph HaMagen (608:2) writes that one should not eat hot fish in the Seuda HaMafsekes, but he may eat cold fish, since this will not cause impure emissions. However, one should not eat salty fish, in order that this not cause him to be thirsty on Yom Kippur. 89. Rema, ibid; Mateh Ephraim 1; Mishna Berura s.k. 16. The Kaf HaChaim (ibid, 34) writes that one should not eat many tasty or fragrant fruit such as sweet lemons and apples, since these fruits can also bring a person to impurity. 90. Rema, ibid; Mishna Berura s.k. 18. See Mishna Berura (ibid), and Kaf HaChaim (ibid, 36) who cite from the Pri Megadim that milk mixed with other foods, or tea with milk, might be permissible, based on the principle of batel b’rov (nullified in the majority). 91. Mateh Ephraim ibid, 1; Mishna Berura ibid. 92. Mateh Ephraim 608:2; Kaf HaChaim 608:40. One should not recite “By the rivers of Babylon,” (Mateh Ephraim 619:1, Eleph L’Mateh 2). The Mateh Ephraim writes that in Birkas HaMazon there are many meaningful requests for the rebuilding of Yerushalayim and the Beis HaMikdash; for good life and livelihood; for the coming of Moshiach and the consolation of the Jewish people from all our suffering; and for many other basic necessities. These requests should all be made with deep kavana and true sincerity, to entreat Hashem for mercy before the awesome day of judgment. In one moment of teshuva and prayer, Heavenly advocates can be awakened on our behalf to plead our case and tip the scales in our favor. See also Eleph HaMagen (608:5), who writes that one must be careful to have kavana when reciting Birkas HaMazon, even more so than when davening. Birkas HaMazon is a mitzva from the Torah, whereas Shemoneh Esrei is only a Rabbinic mitzva. Tractate Yoma / 51

Eating after the Seuda HaMafsekes

If one has concluded the Seuda HaMafsekes well before nightfall but has not yet accepted the fast upon himself, even though he has decided not to eat again, he may still change his mind and eat.93 However, some authorities hold that it is customary not to eat again after the Seuda HaMafsekes, since by concluding the last meal it is as if one has explicitly accepted the fast upon himself. Therefore, it is best to say before Birkas HaMazon that one does not intend to begin the fast. If one does not make this disclaimer out loud, he should at least think it to himself.94

דףדף מ / ערערבב יויוםם הכיפוריהכיפוריםם

Tosefes Yom Kippur

It is a positive commandment from the Torah to add on to Yom Kippur, both at its beginning and its end, as the possuk states, “You shall afﬂict your souls on the ninth of the month at night; from night to night you shall rest on your rest day.” Our Sages interpreted this possuk to mean that one must begin to fast while it is still day,95 and conclude slightly after tzais hakochavim (the appearance of three stars) on motza’ei Yom Kippur.96 This addition includes the prohibition against eating and drinking, and the other afﬂictions of the day: washing, anointing with oil, wearing shoes, and marital relations. Therefore, one must refrain from all these things before Yom Kippur begins.97 The addition of Tosefes Yom Kippur also includes the prohibition against performing melacha.98

93. Shulchan Aruch 608 :3; 553:1, Mishna Berura s.k. 2. 94. Mishna Berura 608, s.k. 12, cited in Kaf HaChaim ibid, 25. 95. Rosh Hashanah 9a; Shulchan Aruch 608:1, Mishna Berura s.k. 1. This addition is a positive commandment, but it does not entail kareis if it is transgressed, as does Yom Kippur itself. See Mishna Berura (261 s.k. 21) in regard to Tosefes Shabbos, that one must verbally accept Shabbos. According to the Rema (608:3), mentally accepting Yom Kippur is not sufﬁcient. However, according to the Bach and the Vilna Gaon it is sufﬁcient even to accept it in one’s mind, as cited in Mishna Berura (553 s.k. 2). See Sefer Tosefes Shabbos (261 s.k. 13), that if one did not accept upon himself the Tosefes, it does not automatically apply. 96. Shulchan Aruch 624:2; 608 Mishna Berura s.k. 1. 97. Biur Halacha 614 s.v. Assur Lin’ol. 98. Tur 608. See Mishna Berura 261 s.k. 19. In 608:1, the Shulchan Aruch writes only that one must cease eating and drinking before Yom Kippur begins. This seems to imply that he accepts the opinion of the Rambam, that Tosefes Yom Kippur does not include the prohibition against working. He did not even cite as an alternate opinion the Rosh and Rif, who hold that Tosefes Yom Kippur also includes the prohibition against working. Perhaps this is because he relied on what he had written in 261:2, where he cited them as a variant opinion. Since this matter is a subject of debate among Rishonim, and some commentaries hold that even the Rambam agrees that one must refrain from melacha during the Tosefes, one should follow the stringent opinion (Kaf HaChaim 608:1). 52 / Meoros Halacha

The time for Tosefes Yom Kippur

Tosefes Yom Kippur entails beginning the fast at a time in which it would otherwise be permitted to eat. Therefore one must begin Tosefes Yom Kippur before shekia (sunset).99 It is not sufﬁcient to begin Tosefes Yom Kippur during bein hashmashos (the twilight period between shekia and tzais hakochavim, which is an area of halachic doubt as to whether the new day has begun), since one would anyway have been forbidden to eat then due to the doubt that it may already be night.100 There is no set amount as to how much time should be added for Tosefes Yom Kippur.101 However, it must be more than a brief moment.102 It is praiseworthy to be stringent and begin Tosefes Yom Kippur one half hour or at least twenty minutes before shekia. Thereby, one fulﬁlls all the opinions.103 Women are also obligated in Tosefes Yom Kippur.104

דףדף מאמא / ערערבב יויוםם הכיפוריהכיפוריםם

Accepting the fast from plag hamincha time

If a person accepts upon himself the fast of Yom Kippur any time from plag hamincha and on,105 not only is he forbidden to eat and drink, he is also forbidden to wash himself, anoint with oil, and perform melacha.106

99. Shulchan Aruch 608:1, Mishna Berura s.k. 2, Kaf HaChaim 5. 100. Shulchan Aruch HaRav ibid 2; Mishna Berura 261 s.k. 19. 101. Shulchan Aruch ibid. 102. The Mishna Berura (261 s.k. 22, and Biur Halacha ibid s.v. Aizeh zman) writes that the Gemara does not state how much time must be added. However, it would seem to be approximately ﬁfteen minutes (ibid s.k. 23). In this regard, the laws of Tosefes Shabbos and Tosefes Yom Kippur are the same. 103. In hilchos Yom Kippur, the Mishna Berura (608 s.k. 2) makes note of what he wrote above (261 s.k. 23) in regard to the amount of time that must be added for Tosefes Shabbos. He writes that the same applies to the amount of time added when refraining from eating on Tosefes Yom Kippur. 104. Shulchan Aruch 608:2; Pri Megadim ibid, M.Z. s.k. 1. 105. Before this time, it is impossible to begin Tosefes Yom Kippur, and therefore even if a person an- nounces that he accepts the fast of Yom Kippur, it is not binding. (See Mishna Berura s.k. 14, Shaar HaTzion s.k. 19). However, if before plag hamincha a person accepts upon himself not to eat, without making mention of Tosefes Yom Kippur, this resolution is binding as a neder (vow), just as it would be binding on any other day of the year if a person simply vows not to eat in the afternoon (Shulchan Aruch HaRav ibid, 7 Mishna Berura s.k. 14, based on Shulchan Aruch 562:11). 106. Mishna Berura 608 s.k. 13, 14; Kaf HaChaim ibid, 26. Tractate Yoma / 53

However, if he has not yet removed his shoes, accepting Tosefes Yom Kippur does not require him to do so. Since he was still wearing his shoes when he accepted Tosefes Yom Kippur, it is as if he made an express condition that he accepted Tosefes Yom Kippur only in regard to the other prohibitions, but not in regard to taking off his shoes.107

Mentally accepting the fast

Some authorities hold that accepting Tosefes Yom Kippur is only binding if one verbally accepts it. If one made this resolution in his mind but did not speak it out aloud, it is not binding.108 Others hold that resolving to accept Tosefes Yom Kippur in one’s mind is also binding, just as if he had spoken his resolution aloud.109 Accordingly, if a person makes this resolution in his mind, he is forbidden to eat, drink, wash himself, anoint with oil or perform melacha, as above.

דףדף מבמב / ערערבב יויוםם הכיפוריהכיפוריםם

Insulating foods for after Yom Kippur

The Shulchan Aruch rules that it is permitted to insulate food (hatmana) from erev Yom Kippur,110 in order to keep it warm to be eaten on motza’ei Yom Kippur. The justiﬁcation given for this is that one is not preparing on Yom Kippur for a weekday, but simply preparing from one weekday (erev Yom Kippur) for another (motza’ei Yom Kippur).111

107. See hilchos Tisha B’Av, Shulchan Aruch 553:1, Mishna Berura s.k. 2, Shaar HaTzion s.k. 3 citing Bach, Taz and Magen Avraham. See also Shulchan Aruch HaRav in regard to Yom Kippur itself, 608:7. Nevertheless, one is still obligated in the minimum time of Tosefes Yom Kippur, in which all the afﬂic- tions apply, including the prohibition against wearing shoes (Biur Halacha 614, s.v. Assur). The leniency discussed above applies only during the voluntary addition that one has made by accepting Tosefes Yom Kippur early. 108. Rema 608:3; 553:1. 109. Mishna Berura 553 s.k. 2, citing Bach and Gra. The Mishna Berura (608 s.k. 15) also cites their opinion. In several places, the Vilna Gaon questions the Rema’s ruling that a resolution of the heart is not binding. He cites the Shulchan Aruch (662:6 and 663) that a resolution of the heart to accept a fast is in- deed binding. The Pri Chadash (Likutim 553, cited in Kaf HaChaim 553:3) distinguishes between Tisha B’Av and Yom Kippur in this regard. A resolution of the heart to accept Yom Kippur early is binding only because the Torah made provisions for Tosefes Yom Kippur. Since there is no such thing as Tosefes Tisha B’av, a resolution of the heart to begin Tisha B’av early is not binding. This contradicts the Rema, who equates Tisha B’av to Yom Kippur. 110. Just as one would insulate foods on a hotplate for example, to prepare them from erev Shabbos for Shabbos. 111. Shulchan Aruch 609:1. The Kaf HaChaim (ibid, 4) writes that Sefardic communities customarily follow this ruling of the Shulchan Aruch. 54 / Meoros Halacha

However, the Rema rules that the custom is not to insulate food from erev Yom Kippur for motza’ei Yom Kippur,112 since this appears as if food is being cooked on Yom Kippur for a weekday.113 Furthermore, it gives the impression that one is a glutton who cannot wait on motza’ei Yom Kippur until his food is ready.114

Bedieved

Even according to the Rema, if a person did insulate food from erev Yom Kippur, he may eat the food on motza’ei Yom Kippur immediately. He is not required to wait b’chdei she’yaasu115 (the amount of time it would have taken to prepare the food on motza’ei Yom Kippur. This penalty is often applied when a melacha is transgressed on Shabbos, in order that one not beneﬁt from his Shabbos desecration, and not be inclined to repeat it. In this case, even the Rema agrees that our Sages chose not to apply this penalty).

Preparing food for a weak person

It is permitted to insulate foods on erev Yom Kippur for a sick person or a child to eat on Yom Kippur. It is also permitted to insulate foods for a weak person, in order that he may eat immediately after Yom Kippur.116

דףדף מגמג / ערערבב יויוםם הכיפוריהכיפוריםם

Spreading out tablecloths

It is customary to spread out a nice tablecloth for Yom Kippur, and to make the beds as one does for Shabbos and Yom Tov.117 The Torah refers to Yom Kippur as “Shabbos Shabboson.”118

112. Ibid. 113. Mishna Berura s.k. 2. The Mishna Berura adds that even before midday on erev Yom Kippur one should not insulate foods, and after midday perhaps it is more than just a custom to refrain, but an actual prohibition (Shaar HaTzion s.k. 2). 114. Ibid, Shaar HaTzion s.k. 1. 115. Mishna Berura, ibid. 116. Eleph HaMagen ibid, 1. 117. The Mordechai (Yoma 725) writes, “Candles should be lit on the tables, and the tables should be prepared as they are on Shabbos, since Yom Kippur is called ‘Shabbos Shabboson.’” The Beis Yosef (610) cites the Mordechai, and adds that he does not understand what is the beneﬁt of preparing the tables for Yom Kippur (since one does not intend to eat). Nonetheless, the Rema (ibid, 4) rules according to this custom of the Mordechai, as do the Mateh Ephraim (ibid, 7) and Ben Ish Chai (Vayelech, 17). The Kaf HaChaim (ibid, 33) cites from the Maamar Mordechai that according to the prevalent custom, after the last meal on erev Yom Kippur is ﬁnished a nice tablecloth is spread out, and numerous seforim should be set at the table in place of the challos, and covered with a cloth, just as the challos are covered. They should be left there until after Yom Kippur. 118. Mordechai ibid; Mishna Berura 610 s.k. 15. The Eleph HaMagen (ibid, 11) writes that the obligation to honor Yom Kippur through these practices Tractate Yoma / 55

Lighting candles for Yom Kippur

It is customary to light candles at home on the table on erev Yom Kippur, just as one lights on erev Shabbos and erev Yom Tov. The beracha, “Blessed are You, Hashem… Who has sanctiﬁed us with His mitzvos and commanded us to light the candle of Yom Kippur,” is recited. See footnote.119 When Yom Kippur occurs on Shabbos, the beracha should include mention both of Shabbos and Yom Kippur: “Blessed are You, Hashem… Who has sanctiﬁed us with His mitzvos and commanded us to light the candle of Shabbos and Yom Kippur.”120

דףדף מדמד / ערערבב יויוםם הכיפוריהכיפוריםם

Shehechiyanu

After Kol Nidrei is recited in shul, the chazan recites the beracha, “Shehechiyanu.” While he recites the beracha out loud, the congregation recites it together with him quietly. (It is best for them to recite the beracha quicker than the chazan, in order to conclude before him. That way they will be able to answer Amen to the chazan’s beracha). See footnote.121 is included in the possuk “To honor that which Hashem has made holy,” as discussed below. He also cites from the Nazirus Shimshon, who explains that these practices serve as a reminder throughout the day that it is Yom Kippur, in order that one not come to accidentally transgress its laws. For this same reason tablecloths are spread on the tables throughout the entire day on Shabbos and Yom Tov, as we ﬁnd in the Rema (262). 119. We honor Yom Kippur by lighting candles, just as we honor Shabbos and other Yomim Tovim. Our Sages learned this from the possuk, “To honor that which Hashem has made holy,” which they understood to refer to Yom Kippur. In some communities, the custom is not to light candles for Yom Kippur, while in other communities the custom is to light (Pesachim 53b; Tur and Shulchan Aruch 610:1). The Poskim explain that both customs have the same intent, in order to prevent marital relations, which are forbidden on Yom Kippur. Those who light candles do so with the intention that since it is forbidden to engage in marital relations in a lit room, the light will serve to prevent this. Those who do not light candles have the concern that if the house is illuminated, a husband will see his wife and be attracted to her. The Pri Chadash cites from the Yerushalmi that although both customs are valid, the custom to light candles is more praiseworthy. The Poskim also debate whether those who light candles should recite a beracha (Shulchan Aruch ibid 2; 263:5). After citing both customs and explaining them, the Levush (610:1) writes: “Our custom is to light candles and to recite a beracha over them, since this custom has the advantage of bringing shalom bayis” (when people stumble and hurt themselves in the dark, they are likely to quarrel). Many Poskim accept this ruling, citing that the prevalent custom is to light candles at home on the table and recite a beracha over them, just as we do on Shabbos and other Yomim Tovim (Derech HaChaim; Mateh Ephraim ibid 1; Chayei Adam 144:14; Kitzur Shulchan Aruch 131:14; Aruch HaShulchan 610:5; Ben Ish Chai: Parshas Vayelech, 9). In addition to the candles lit on the table, one must also leave a light on in his bedroom (Mishna Berura s.k. 2, 4). 120. Rema 610:1. Even in places where it is customary not to light candles for Yom Kippur, when Yom Kippur falls out on Shabbos they do light (Shulchan Aruch, ibid). However, they do not make mention of Yom Kippur in the beracha (Kaf HaChaim, 10). 121. Shulchan Aruch 619:1, Mishna Berura s.k. 3. The Kaf HaChaim (ibid, 21) explains the Shulchan 56 / Meoros Halacha

Shehechiyanu when lighting Yom Tov candles

On Yom Tov, some women have the custom to recite shehechiyanu when lighting candles. Others have the custom not to recite shehechiyanu when lighting candles, but to be exempted by their husbands’ shehechiyanu during kiddush.122

Shehechiyanu when lighting Yom Kippur candles

Even women who do not have the custom to recite shehechiyanu when lighting Yom Tov candles, may recite shehechiyanu when lighting candles for Yom Kippur. This is because on Yom Kippur we do not recite shehechiyanu over a cup of wine.123 Women who have the custom to recite shehechiyanu on erev Yom Kippur when lighting candles, should be instructed not to recite it again in shul on Yom Kippur night. Since they have already fulﬁlled their obligation to recite this beracha, reciting it again would be a beracha l’vatala (in vain). Instead, they should listen to the beracha recited by the chazan and answer Amen.124

Aruch to mean that the chazan alone should recite shehechiyanu with intention to exempt the congregation, while they have intention to be exempted by his beracha (as discussed in Beis Yosef). He also cites the Acharonim, who write that today the chazan usually does not have intention to exempt the congregation. Therefore, each person should recite the beracha for himself. Nevertheless, the chazan should also have intention to exempt whosoever wishes to be exempted. He also cites from the Ben Ish Chai that it is customary for the person holding the Sefer Torah to recite shehechiyanu with intention to exempt the congregation, and they should also have intention to be exempted by his beracha. In light of these diverging opinions, the Kaf HaChaim (ibid, 22) concludes that each person should follow his custom. 122. Mateh Ephraim (619:4) writes that shehechiyanu on Yom Tov should be recited when lighting candles. However, the Eleph L’Mateh (ibid, 4) cites from the Birchei Yosef (263) in the name of the She’eilas Yaavetz that there is no basis for this custom. Still one should not protest against the people who follow the custom to recite shehechiyanu when lighting. The She’eilas Yaavetz (27) writes that his wife was accustomed to reciting shehechiyanu when she lit, and she was the daughter of an illustrious family of Torah scholars. He also cites from the Eliya Rabba (600) that when a woman lights candles on the second night of Rosh Hashana, it is proper for her to wear a new garment or place a new fruit on the table, in order to be able to recite shehechiyanu. Clearly, he held that women do recite shehechiyanu when lighting Yom Tov candles. The Mishna Berura (263 s.k. 23) cites the Acharonim in the name of the She’eilas Yaavetz that one need not recite shehechiyanu when lighting candles. However, one should not protest against those who have the custom to do so. The Ben Ish Chai (Parshas Vayelech, 9) writes that the custom in his city was to recite shehechiyanu when lighting Yom Tov or Yom Kippur candles. The Kaf HaChaim (514:112) cites the opinion of the She’eilas Yaavetz, and concludes that each community should conduct itself according to its accepted custom. 123. Kaf HaChaim 610:7. 124. Chayei Adam 144:14; Shaar HaTzion 619 s.k. 7 citing Mateh Ephraim; Kaf HaChaim 610:7, 619:21. Tractate Yoma / 57

Accepting Yom Kippur when lighting candles

As soon as a woman has lit Yom Kippur candles, the holiness of Yom Kippur descends upon her. From that point on, she is forbidden to perform melacha, and she is obligated in all ﬁve afﬂictions of Yom Kippur (refraining from eating and drinking, washing, anointing with oil, wearing shoes, and marital relations).125 However, if she made a condition that she does not intend to accept Yom Kippur when she lights, then the restrictions of Yom Kippur do not begin immediately upon lighting. She should not make such a condition except in cases of need.126 If she recited shehechiyanu when lighting Yom Kippur candles, the condition to continue eating and working is invalid. See footnote.127

דףדף מהמה / ערערבב יויוםם הכיפוריהכיפוריםם

Ner chaim

It was customary to light a candle before Yom Kippur on behalf of each person, since Yom Kippur is the conclusion of our judgment,128 and the candle comes to atone for the soul of man, which is compared to a candle.129 The prevalent custom today is to light only on behalf of married men.130

125. Mateh Ephraim 610:5; Ben Ish Chai (Parshas Vayelech, 9); Kaf HaChaim 610:9. However, the Mateh Ephraim writes that it would seem that she may still wear shoes, even if she did not make an express condition to do so. The Eleph L’Mateh (ibid, 4) explains that since people generally walked to shul in their shoes and then removed them when they arrived (as discussed in Mateh Ephraim 619:5), we presume that she also intended to do so. From here we see that this matter depends upon the common practice. 126. Mateh Ephraim, ibid. 127. The condition stated above is effective only because it reveals that her intention was not to accept Tosefes Yom Kippur by lighting candles. However, if she explicitly accepts Tosefes Yom Kippur, she cannot make a condition that its restrictions not apply to her. By reciting shehechiyanu, it is as if she has expressly announced that Yom Kippur has begun, and her condition to continue eating or performing melachos is invalid (Kaf HaChaim 514:112; Zeicher Simcha 44). 128. Beis Yosef 610, citing Mordechai; Rema ibid, 4. The Mateh Ephraim (603:8) writes that the candle lit on behalf of the living is called “Dos gezunte licht” – the candle of health. The Shulchan Aruch HaRav (ibid, 4) and Mateh Ephraim (603:8) write that some have the custom to light these candles in shul. However, the Eleph HaMagen (603: 18, 19) cites from the Chayei Adam that the custom is to light them at home. The Kaf HaChaim (610:24) writes that when lighting these candles in shul, one should say: “I am lighting these candles in shul in honor of Yom Kippur.” When lighting on behalf his sons or brothers, upon lighting each one he should also mention for whom he is lighting. 129. As the possuk states, “The candle of Hashem is the soul of man” (Mishlei 20:27. Levush, cited in Kaf HaChaim 22). The Beis Yosef offers other reasons for lighting these candles. Firstly, they provide light by which to read on Yom Kippur by night and by day. Secondly, they are used for havdala, since on motza’ei Yom Kippur, we do not kindle a new ﬁre upon which to recite havdala, but rather we use a ﬁre that burned throughout Yom Kippur. 130. Rema 610:4, Mishna Berura s.k. 10, 11. See Magen Avraham (s.k. 3, and Levushei Srad, who 58 / Meoros Halacha

Ner neshama

If a person’s father or mother have passed away, he lights a ner neshama on behalf of their souls.131 The souls of the deceased have pleasure when we light candles on their behalf.132 Furthermore, the candles help to atone for their sins, 133 and even the deceased require atonement.

“To honor that which Hashem has made holy”

The possuk in Navi commands us to “honor that which Hashem has made holy.”134 Our Sages explain that this refers to Yom Kippur, in which we neither eat nor drink, but honor it by wearing clean clothes.135 The Rishonim add that we should honor Yom Kippur in other ways as well.136 For example, we light candles thereon, as the possuk states, “Therefore, with lights give honor to Hashem.”137 The Targum explains, “With lanterns, give honor to Hashem.”138 Therefore it is customary in all communities to light many candles in shul,139 and to put out beautiful cloths to decorate the shul.140 It is customary to hang a white paroches in front of the Aron Kodesh.141

explains the Magen Avraham’s intent) that candles are not lit for women, since the candles represent the light of Torah. We light them on Yom Kippur, because this was when Moshe Rabbeinu descended from Har Sinai with the second set of Luchos. Since women do not study Torah, no candle is lit on their behalf. The Kaf HaChaim (ibid, 23) cites an additional reason not to light for women. 131. Rema, ibid. The Mishna Berura (s.k. 12) writes that the Rema’s wording implies that it is sufﬁcient to light one candle for both parents, but adds that one should see what the Eliya Rabba wrote on this matter. The Eliya Rabba cites from the Amarkol that in the Targum on Megillas Esther, we ﬁnd that Haman spoke against the customs of the Jewish people, saying that we light candles on Yom Kippur equal to the number of our children and parents. This implies that a separate candle should be lit for each parent. 132. Levush, cited in Kaf HaChaim ibid, 27. The Kaf HaChaim also writes that when lighting a candle in shul on their behalf, one should say, “I am lighting this candle in honor of Yom Kippur, for the elevation of the soul (l’iluy nishmas) of my father or mother.” 133. Mishna Berura s.k. 12. 134. Yeshaya 58:12. 135. Shabbos 119a. 136. Rosh, Yoma 8:9; Tur 610. 137. Yeshaya 24:15. 138. Mishna Berura 610, s.k. 9. 139. Tur and Shulchan Aruch ibid, 4. This is an ancient custom, cited by the Eliya Rabba in the name of the Amrakol. The Targum on Megillas Esther writes that Haman spoke against the customs of the Jewish people, saying we light candles for our children and parents on Yom Kippur night. (Also cited in Machazik Beracha, Daas Torah and Kaf HaChaim ibid, 19). See also Mishna Berura (s.k. 11 citing Yalkut on Shoftim), who writes that one should make thick wicks for the candles in shul, in order to increase their light. 140. Tur and Shulchan Aruch, ibid. 141. Mateh Ephraim 619:6; Aruch HaShulchan 610:7. Tractate Yoma / 59

דףדף מומו / ערערבב יויוםם הכיפוריהכיפוריםם

Yom Tov clothes

One must honor Yom Kippur by wearing clean clothes, since it is a Yom Tov. If a person normally wears sackcloth to humble himself in teshuva, he must take off his sackcloth for Yom Kippur.142

White clothes

Some have the custom to wear white clothes on Yom Kippur in order to emulate the angels. The Rema writes that it is customary to wear a kittel, which is a white, clean garment. The dead are also dressed in a kittel for burial. By wearing a kittel, a person thinks of this and his heart becomes broken and contrite.143 Before entering a bathroom, one must remove his kittel. Since it is a garment worn specially for davening, it may not be brought into the bathroom. However, one may urinate while wearing a kittel.144 Some women also have the custom to wear clean, white clothes in honor of Yom Kippur. However, out of fear of judgment, they should not adorn themselves with jewelry as they do on Shabbos and Yom Tov. It is not customary for women to wear kittels.145

142. Shulchan Aruch HaRav 610:10; Chayei Adam 144:18; Mateh Ephraim ibid 10, Eleph HaMagen: ibid 15. The Chayei Adam further writes that people who normally put rocks or hard beans in their socks to afﬂict themselves for teshuva may not do so on Yom Kippur. He adds that even during the rest of the year it would seem to forbid this, since it was the practice of false prophets to wound themselves in the service of their deities. 143. Rema 610:4. The Midrash says that we wear white in adherence with the possuk, “At all times let your clothes be white” (Eleph HaMagen 13). It is customary to put on the kittel at home and to go with it to shul. Thereby, even as he travels his to shul he will not let his mind wander from the realization that he is about to accept the holiness of the day with awe (Mateh Ephraim, 5). 144. Mishna Berura ibid, s.k. 18. The Mateh Ephraim (ibid, 12) writes that one may even enter into a bathroom to urinate while wearing a kittel. This opinion is cited by the Kaf HaChaim (ibid, 37). 145. Mishna Berura ibid, s.k. 16 citing Mateh Ephraim. This contradicts the opinion of the Magen Avraham. See R’ Akiva Eiger (gloss on Shulchan Aruch), who cites from the Teivas Goma that in some communities it is customary not to wear gold on Yom Kippur, so as not to recall the sin of the Golden Calf. “The accuser (gold, which recalls the sin of the Golden calf) should not be made into an advocator,” as our Sages say in regard to the Kohen Gadol’s gold garments, which are not worn during the Yom Kip- pur service. He concludes that this reason does not apply to women or Leviim, who did not donate from their gold towards its construction. However, the Eleph L’Mateh (ibid, 11) cites just the opposite from the Teivas Goma, that even women and Leviim should not wear gold on Yom Kippur, since the entire congregation of Israel is considered as one. The Eleph L’Mateh writes that this reason applies only to gold attached to a garment worn for atonement, such as a white kitttel, which symbolizes purity, as the possuk states, “If your sins are red as scarlet, they will become as white as snow.” According to this reason, other kinds of gold may be worn. None- theless, out of fear of judgment, women should not adorn themselves with jewelry as they do on Shabbos and Yom Tov. 60 / Meoros Halacha

דףדף מזמז / ערערבב יויוםם הכיפוריהכיפוריםם

Blessing children

It is customary to bless our children on erev Yom Kippur, since the holiness of the day has already descended, and the gates of Heavenly mercy are opened. We pray on their behalf that they should be written and sealed for good life, and that their hearts should be steadfast in fear of God, and that He should instill love for and fear of Him in their hearts.146 In addition to the accepted text of this beracha, each parent should bless his children according to the stirrings of his heart and the skill of his tongue. He should pour out tearful supplications that his prayers may be accepted in Heaven.147 This will also encourage his sons and daughters to walk in the good and straight path, and strengthen their hearts in the holy Torah. At this special moment, their hearts are humbled with fear of judgment, and a parent’s instructions will make a direct impression upon their hearts.148

The blessing of tzaddikim

Some also visit relatives who are Torah scholars and tzaddikim in order to receive their blessing, and to ask them to pray on their behalf on this awesome and holy day.149 One should perform these practices early in the day, in order that he may begin Yom Kippur calmly and with peace of mind.150

146. Chayei Adam 144:19, see there for nusach of the prayer. Mateh Ephraim (619:2) writes that both the father and the mother should bless their children. The Kitzur Shulchan Aruch (131:16) writes the same. The Eleph HaMagen (ibid, 4) cites from seforim hakedoshim that a person must make every effort to receive the blessing of his parents throughout the year, and especially on erev Yom Kippur. The Midrash writes that the success and the generations of monarchy that Eisav received were all in the merit of his valuing his father’s blessing, and crying, “Bless me also, my Father.” The Ben Ish Chai (Parshas Vay- elech, 6) writes that a person should kiss his father’s and mother’s hands and ask their forgiveness before going to shul on erev Yom Kippur. (If our Sages required us to ask forgiveness from our peers before Yom Kippur, then we most certainly must ask forgiveness from our parents, since no one is innocent of continuously slighting the honor due to his parents). If a child foolishly fails to ask their forgiveness, they should anyway forgive him and say out loud, “I completely forgive my child,” mentioning the child by name. 147. Mateh Ephraim, ibid. 148. Ibid. 149. Mateh Ephraim ibid; Kitzur Shulchan Aruch 131:16. 150. Ibid. Tractate Yoma / 61

Wearing a tallis

On erev Yom Kippur, we put on talleisim before nightfall, in order to resemble the angels who are dressed in white.151 Wearing a tallis also inspires us to conduct the prayers of Yom Kippur with awe and fear.152 The tallis should be worn until after Maariv on motza’ei Yom Kippur.153 If a person puts on his tallis while it is still day, he recites a beracha. However, if he was delayed into putting it on after nightfall, he does not recite a beracha.154

151. Rema 18:1, Kaf HaChaim ibid, 13. 152. Kaf HaChaim ibid, 15. 153. Mishna Berura s.k. 6. 154. Mishna Berura s.k. 7; Kaf HaChaim 13, 14. The Mishna Berura writes that according to the Magen Avraham, a beracha may still be recited during bein hashmashos (the twilight period between shekia and tzais hakochavim), since the possuk does not tell us explicitly that tzitzis need only be worn by day, but simply, “You shall see them (the tzitzis),” from which we learn (according to some opinions) that at night when we cannot see them, there is no mitzva to wear tzitzis. During bein hashmashos one can still see the tzitzis, therefore a beracha may still be recited. The Derech HaChaim offers the same ruling. However, the Mateh Ephraim rules that one may not recite a beracha over tzitzis during bein hashmashos (cited in Kaf HaChaim 619:2). The Mishna Berura (ibid) concludes that if one is uncertain whether bein hashmashos has begun, he may certainly recite a beracha over the tallis. 62 / Meoros Halacha

דףדף ממחח / יויוםם הכיפוריהכיפוריםם

YOM KIPPUR

Introduction

It is a positive commandment from the Torah to refrain from melacha on Yom Kippur, as the possuk states, “Shabbos Shabboson it will be for you.” If a person does melacha on Yom Kippur, he transgresses this positive commandment, as well as the prohibition of, “All melacha you shall not do,” for which he is liable the punishment of kareis.1 Any melacha that is prohibited by Torah law on Shabbos, is also prohibited by Torah law on Yom Kippur. Any act that is prohibited by Rabbinic law on Shabbos is also prohibited by Rabbinic law on Yom Kippur.2 Any object that is muktza on Shabbos is also muktza on Yom Kippur, and may not be moved.3

Carrying

On Yom Kippur it is forbidden to carry outside, just like on Shabbos. Therefore, in places where there is no eiruv, one may not carry objects from one domain to another. In any domain where it is forbidden to carry four amos on Shabbos, it is also forbidden on Yom Kippur.4 This is in contrast to other Yomim Tovim, on which it is permitted to carry in order to prepare foods, tend to other needs of the day, or perform mitzvos.5 Similarly, the prohibition of t’chumin (not walking past the two thousand amah boundary) applies on Yom Kippur as it does on Shabbos. Therefore, one may not walk past the t’chum on Yom Kippur.6 Eiruv chatzeiros and eiruv t’chumin may be prepared before Yom Kippur to allow carrying and leaving the t’chum on Yom Kippur, just as they are prepared for Shabbos.7

1. Rambam, Hilchos Shevisas Asor 1:1. 2. Ibid, 1:2; Shulchan Aruch 611:2. 3. Ibid. The Ohr Samei’ach (Hilchos Shevisas Asor 1:2) writes that Yom Kippur is equivalent to Shabbos in regard to muktza. It is not like other Yomim Tovim, to which our Sages attached especially stringent laws of muktza, in order to counter the leniencies allowed for preparing foods. 4. Shulchan Aruch 416:4. 5. Shulchan Aruch 518:1. Even on Yom Tov, it is forbidden to carry for no reason. (ibid; Poskim et. al.) 6. Shulchan Aruch 416:4. Even though it is permitted to carry on other Yomim Tovim, the prohibition of t’chumin still applies. (ibid: 5) 7. This is true even though the principle of eiruv is based on the fact that a person’s thoughts are drawn after the place where he is food is located, and on Yom Kippur it is forbidden to eat. Nonetheless, the food is still usable for children who do not fast. Therefore the eiruv is effective even on Yom Kippur. (Rashi, Eiruvin 30b; Biur Halacha 611, s.v. Kol melacha; Kaf HaChaim 416:31) Tractate Yoma / 63

דףדף ממטט / יויוםם הכיפוריהכיפוריםם

The ﬁve afﬂictions

The Torah commands us, “You shall afflict your souls.” Our Sages learn from various pesukim that the five forms of afflictions are: eating and drinking, washing, anointing, wearing shoes, and marital relations.8 However, only eating and drinking are punishable by kareis.9

The restrictions of Yom Kippur apply also at night

Just as the prohibition against melacha on Yom Kippur applies both by day and by night, so do the ﬁve afﬂictions. Even during the period of Tosefes Yom Kippur, both before and after Yom Kippur, all the restrictions of Yom Kippur apply.10

Eating and drinking on Yom Kippur

The Torah prohibits eating and drinking on Yom Kippur. This prohibition applies to eating or drinking even the smallest amount.11 However, the punishment of kareis is incurred only by eating an amount equivalent to the size of a koseves (‘large date’) or drinking a maleh lugmav (‘cheek full’). These measurements will be described in greater detail below in the section discussing feeding a sick person on Yom Kippur.12

8. Shulchan Aruch 611:1, Mishna Berura s.k. 2. The Kaf HaChaim (ibid: 6) cites from the Eliya Rabba that the five afflictions correspond to the five books of the Torah, which were completed on Yom Kip- pur. They also correspond to the five senses, which are used to perform both mitzvos and aveiros. Furthermore, Olam HaZeh was created with the letter heh (which is the numerical value of five in gematria), which has an opening on its side through which baalei teshuva are welcomed to return (see Menachos 29b). 9. Ibid:1. The Mishna Berura (s.k. 3) writes that the other afflictions are not punishable by kareis. According to some opinions they are prohibited by Torah law, since the Gemara cites pesukim as their source. According to other opinions they are prohibited only by Rabbinic law, and the pesukim are just asmachtos. A practical difference between these opinions can be found in cases of uncertainty. With Torah prohibitions we are stringent in cases of uncertainty; with Rabbinic prohibitions we are lenient. The Mishna Berura concludes that one should be stringent. 10. Rambam Shevisas Asor 1:6; Shulchan Aruch 611:1; Shulchan Aruch HaRav ibid:1; Mishna Berura ibid, s.k. 1, as the possuk states, “From evening until evening.” חצי שיעור אסור מן“) Shulchan Aruch 612:5, Mishna Berura s.k. 11; Kaf HaChaim ibid:20; Yoma 73b .11 .Rambam ibid 2:3 (”התורה 12. Shulchan Aruch ibid: 1,5. 64 / Meoros Halacha

דדףף נ / יויוםם הכיפוריהכיפוריםם

Tasting foods

On other fast days one may put food in his mouth to taste it and then spit it out,13 but on Yom Kippur (and Tisha B’Av) it is forbidden to taste even the smallest amount of food.. This is true even if a person is certain that he will not swallow anything. On Yom Kippur, not only is eating forbidden, but the enjoyment associated with eating is also forbidden. Tasting, even without swallowing, is considered deriving enjoyment from food.14 Even substances that are not edible but produce a taste when chewed, such as cinnamon sticks or other fragrant wood, may not be chewed on Yom Kippur.15

Smelling fragrant spices

It is permitted to smell fragrant spices on Yom Kippur,16 since this is not a pleasure enjoyed by the body, but rather by the soul. In fact, it is proper to smell fragrant spices in order to recite a beracha over them, and thereby fulﬁll the quota of reciting one hundred berachos each day.17 A person may recite a beracha over fragrant spices on Yom Kippur as often as he wishes. However, if he has already made a beracha and has not since diverted his mind from it (hesech hadaas), he may not recite another beracha.18

13. The Shulchan Aruch (567:1) holds that on all public fast days except Tisha B’Av and Yom Kippur it is permitted to taste food and then spit it out. According to the Rema this is forbidden even on other fast days, and it is only permitted on a private fast day that an individual has accepted upon himself, or communal fasts voluntarily accepted by the community (ibid, Mishna Berura s.k. 5). The Mishna Berura (s.k. 6) writes that when cooking on a fast day for a seudas mitzva that will be celebrated after the fast, one may taste the food on public fast days even according to the Rema, with the exception of Tisha B’Av and Yom Kippur.. 14. Shulchan Aruch ibid 1; Biur Halacha s.v. U’byom Hakippurim; Rema 612:6; Shulchan Aruch HaRav 7; Mishna Berura s.k. 17, Shaar HaTzion s.k. 20. 15. Rema ibid:6, Mishna Berura s.k. 18; Rema 567:3, Mishna Berura s.k. 13. 16. Mishna Berura 612 s.k. 18 citing the Magen Avraham and other Acharonim. 17. Mishna Berura ibid, s.k. 18. See Magen Avraham s.k. 4. The Kaf HaChaim (ibid, 33) cites from Acharonim that it is proper to smell spices, in order to recite a beracha over them and thereby fulﬁll the quota of reciting one hundred berachos each day. He cites from the Birchei Yosef that this is the prevalent custom. However, he also cites from the Knesses HaGedola that it is not proper for a person to take enjoyment from fragrant smells on a day on which the Torah commands us to afﬂict ourselves. The Shlah and other Acharonim also rule that one should not smell fragrant spices on Yom Kippur. 18. Mishna Berura, ibid. Tractate Yoma / 65

דדףף ננאא / יויוםם הכיפוריהכיפוריםם

Inedible foods

If a person consumes foods or drinks that are totally inedible due to their bitterness or rancidness, he does not transgress a Torah prohibition. However, according to Rabbinic law such foods and drinks are forbidden.19 Ideally, one should avoid eating from these foods even less than the amount discussed below (k’koseves and maleh lugmav).20

Swallowing saliva

Although it is forbidden to consume even those drinks that are not ﬁt for consumption, it is still permitted to swallow one’s saliva, since he has no intention whatsoever to drink.21 One should not chew the sweet root of the licorice plant before Yom Kippur, since this leaves a sweet taste in the mouth. When he swallows his saliva on Yom Kippur, he will swallow the sweet aftertaste of the licorice.22 Similarly, on erev Yom Kippur one should not eat foods such as sesame that will cause him to regurgitate his food into his mouth on Yom Kippur night.23 If a person ate too much on erev Yom Kippur and feels sick on Yom Kippur night, he may not cause himself to regurgitate, since he might then accidentally swallow some of his vomit.24

19. Shulchan Aruch 612:6, Mishna Berura s.k. 12, 15; Kaf HaChaim ibid, 21. 20. Mishna Berura ibid s.k. 15, citing the Pri Megadim; Kaf HaChaim ibid, 27. 21. Mishna Berura 567 s.k. 13, citing Magen Avraham; Kaf HaChaim ibid,20. The Chayei Adam (132:22) and Mateh Ephraim (612:7) write that if a person can easily endure the fast without swallowing his saliva, it is best to do so, since the Bach somewhat implies that it is le’chatchila forbidden to swallow spit, just like other drinks that are not ﬁt for consumption. The Kaf HaChaim (ibid) also cites this ruling. 22. Magen Avraham 90 s.k. 27 citing Sefer Chassidim; Mishna Berura ibid s.k. 45; Mateh Ephraim 612:8; Kaf HaChaim 608:39. 23. Mishna Berura 608 s.k. 18 citing Sefer Chassidim; Kaf HaChaim ibid:38 citing Poskim. 24. Mishna Berura, Kaf HaChaim ibid. The Kaf HaChaim explains that when he vomits, some taste of the food may be left in his mouth. Even though he does not intend to beneﬁt from this taste, it is still forbidden. 66 / Meoros Halacha

דףדף ננבב / יויוםם הכיפוריהכיפוריםם

Touching food on Yom Kippur

It is permitted to touch foods and drinks on Yom Kippur in order to serve them to children. Our Sages did not forbid touching food on Yom Kippur, as they forbade touching chametz on Pesach from concern that one might come to eat. This is because on Yom Kippur one entirely abstains from food and drink, and will not accidentally come to eat. This is not so on Pesach, when one eats other foods, and might accidentally come to eat chametz too. Furthermore, on Yom Kippur the fear of judgment is upon us, and it is unlikely that we will forget about the prohibition against eating.25

Feeding a child who could feed himself

Even if a child is capable of feeding himself, an adult may still touch food to feed him.26 However, some authorities argue that only if a child is incapable of taking food for himself may an adult give it to him.27 Even in such a case, if an adult can instruct a different child (who is not obligated to fast) to give him food, it is best to do so.28

דדףף ננגג / יויוםם הכיפוריהכיפוריםם

Washing on Yom Kippur

The prohibition against washing ourselves is among the ﬁve afﬂictions that the Torah commands us to endure on Yom Kippur. Both hot and cold water are included in this prohibition.29

Washing for enjoyment

Any instance of washing the body for enjoyment is forbidden, even if one washes only part of his body, and even if he only wets his ﬁngers.30

25. Rema 612:10, Mishna Berura s.k. 32. 26. Mishna Berura ibid, citing Poskim. 27. Drashos Maharil: Hilchos Yom Kippur, cited in Magen Avraham ibid s.k. 6, Mateh Ephraim ibid, 10. The Ben Ish Chai (Parshas Vayelech, 16) writes that although some authorities permit touching food on Yom Kippur, others forbid this. Therefore, only a woman who must touch food in order to feed her children may rely on the lenient opinions. Others who have no such need should best refrain from touching food. The Kaf HaChaim (ibid:54, 55) cites various opinions on this matter, among them the Ben Ish Chai. 28. Drashos Maharil, ibid; Mateh Ephraim 612:10. 29. Shulchan Aruch 613:1. 30. Ibid, Shulchan Aruch HaRav ibid, 1. Tractate Yoma / 67

If one’s hands, legs or any other part of his body are dirty with mud or ﬁlth, or if his nose is bleeding, he may wash them. This is not considered washing for enjoyment, but simply to remove dirt.31 When washing, one should have intention that he is not washing for pleasure, but only in order to clean off the dirt.32 Even in such cases one must be careful not to wash his entire body, but only those parts that are dirty.33 However, if one’s body is dirty in several places, and it is difﬁcult to spot clean each place, he may wash his entire body at once, in order to clean off the dirt.34

דדףף ננדד / יויוםם הכיפוריהכיפוריםם

Washing hands in the morning

Upon waking up in the morning, one must wash his hands to remove the spirit of impurity that rests upon them at night. He should wash his hands three times each, alternating one after the other, as he does throughout the year. (However, he must not wash his face, as discussed below).35 One must be careful to wash his hands only until the top knuckles.36 One should not intend to wash his hands for pleasure, but simply to remove the impurity.37 (As to whether a beracha should be recited over washing hands, see footnote.38) The reason this is permitted is because, washing to remove the spirit of impurity is considered like washing to remove dirt. Without washing hands in the morning, one would be forbidden to touch his mouth, eyes or ears for the entire day, due to the dangers imposed by the spirit of impurity. Furthermore, hands may be assumed to be dirty in the morning, since during one’s sleep he cannot control them from touching unclean parts of the body. Therefore, they must be washed before reciting Shema and davening.39

31. Ibid, 1. In such a case, it is permitted to wash even if not for the sake of cleansing one’s self to pray (Bach, ibid). 32. Mishna Berura ibid, s.k. 1. 33. Ibid. 34. Ibid. However, if his head is not dirty, he may not immerse his head in water (ibid, Eleph L’Mateh 5). 35. Shulchan Aruch 613:2, Mishna Berura s.k. 3. 36. Shulchan Aruch ibid. The Ben Ish Chai (First Year, Parshas Toldos 2) and Kaf HaChaim (4:14) cite from Mahari Tzemach that on Yom Kippur the spirit of impurity does not have much power, therefore it is sufficient to wash the hands part way to remove it. On Tisha B’Av, we need not take great measures to remove the spirit of the impurity, since anyway it has sovereignty over the day. 37. Rema, ibid. 38. The Shulchan Aruch (613) writes that a beracha should be recited. However, the Mishna Berura in hilchos Tisha B’Av (554 s.k. 21) cites from the Vilna Gaon in hilchos Yom Kippur (613) who questions whether one should wash his hands in the morning. Therefore the Mishna Berura concludes that one should not recite a beracha when washing hands first thing in the morning. Rather, after one relieves himself, he should wash his hands again for davening, and then recite the beracha al netilas yadayim. The Kaf HaChaim (554:50) writes that although some question whether one should wash upon awakening in the morning, nevertheless the prevalent custom is to wash, as the Shulchan Aruch rules in hilchos Yom Kippur. In places where a definite custom is followed, the principle of safek berachos l’hakel does not apply. 39. Mishna Berura ibid, Shaar HaTzion s.k. 5. 68 / Meoros Halacha

Washing the face, eyes and mouth

The Shulchan Aruch writes that a person who is exceptionally sensitive to being dirty (istenis) and will not have peace of mind unless he washes his face in the morning may do so. The Rema writes that the custom is for even such a person to refrain from washing his face.40 However, even according to the Rema, anyone who has dirt on his face or mucus in his eyes may wet his ﬁnger and rub off the dirt or mucus. He must be careful to wash only the dirty spots.41 One may not rinse his mouth on Yom Kippur, since he might come to swallow some of the water.42

דדףף ננהה / יויוםם הכיפוריהכיפוריםם

Washing hands after using the bathroom

After relieving oneself on Yom Kippur, one should wash his hands up to the top knuckles.43 See footnote.44

If a person entered a bathroom but did not relieve himself

If a person entered a bathroom on Yom Kippur but did not relieve himself and his hands remained clean, he should not wash them even in order to daven. However, he should wipe them against a rock or against the wall, since he entered a ﬁlthy place, and he might have touched something dirty. 45

40. Ibid, 4. 41. Mishna Berura ibid s.k. 9. The Shulchan Aruch HaRav (ibid, 3) writes that if any person (not neces- sarily an istenis) has dirt on his face or mucus in his eyes, he may wash normally as he would throughout the year. The Kaf HaChaim (ibid, 19) cites this ruling and explains that one may only wash the dirty spots. 42. Rema ibid, Mishna Berura s.k. 11. See Mishna Berura (567 s.k. 11) who writes that even in cases of great discomfort one must not rinse his mouth on Yom Kippur, even if he is extremely careful and tilts his face downwards to ensure that the water does not descend down his throat. 43. Shulchan Aruch 613:3. 44. After relieving himself on Yom Kippur, a person must wash his hands in order to daven. However, if he relieves himself at night after Maariv, for example, when he does not intend to daven, some Poskim hold that one may only wash his hands if he wiped excrement or urine. Therefore, in such a case a person should ideally wipe himself, in order to be able to wash hands according to all opinions. (Mishna Berura ibid, s.k. 4) The Mateh Ephraim (ibid, 5) writes that one should wash his hands only once upon using the bathroom. However, if he is accustomed to washing three times throughout the year, he may wash up to the knuckles three times on Yom Kippur as well. 45. Ibid, Biur Halacha s.v. V’im rotzeh. However, the Kaf HaChaim (ibid: 12) writes that a person who enters a restroom must wash his hands even if he did not touch ﬁlth, since a spirit of impurity descends on his hands. He refers to what he wrote above (4:65), where he cites from Acharonim that even if a person did not relieve himself, he still must wash his hands. Tractate Yoma / 69

However, if his heart will not be at rest with the knowledge that he did not wash his hands, he may wash them in order to daven with a clear mind.46

If a person touched the covered parts of his body

If a person touched a covered part of his body (which are places where sweat gathers), even if he touched with only one ﬁnger, he must wash all his ﬁngers up to the knuckles.47

If a person touched a shoe

If a person touched a shoe on Yom Kippur, he must wash the part of his hand that touched it.48 Therefore, when a person takes off and puts on his shoes, he should not touch them directly. Rather he should handle them through a cloth, in order that he need not wash afterward.49

דףדף ננוו / יויוםם הכיפוריהכיפוריםם

Washing hands before davening

Throughout the year, it is a mitzva to wash hands before davening, since ones hands tend to wander and he may have unwittingly touched something dirty. 50 However, on Yom

46. Mateh Ephraim ibid:7, cited in Biur Halacha ibid. 47. Mishna Berura ibid s.k. 6. The Kaf HaChaim (4:86) cites from the Chayei Adam that during the rest of the year, if a person touches a covered part of his body he need only wash the hand that touched it (he must wash the entire hand, even if he touched with only one ﬁnger). The same ruling is offered by the Siddur HaGraz (Baal HaTanya, Hilchos Netilas Yadayim: 17) and other Poskim. However, the Yafe L’Lev cites from Lev Chaim that one must wash both hands. He cites that this is also the Shlah’s ruling and the common custom. The Kaf HaChaim concludes that although strictly speaking the halacha follows ﬁrst opinion (that one need only wash one hand), it is praiseworthy to heed the second opinion to wash both hands. (It seems based on this conclusion that one may not wash both hands on Yom Kippur, since it is not strictly necessary to do so. Rather the hand that touched the body should be washed, and the other hand should be wiped on something such as a cloth). 48. Mishna Berura 614 s.k. 14. The Ben Ish Chai in hilchos Tisha B’Av (First Year: Devarim, 21) cited in Kaf HaChaim (614:32) writes that even if one touches cloth or other non-leather shoes, he must still wash his hands. However, the Erech Shai (O.C. 4) cites from the Zchor L’Avraham that one need only wash his hands after touching shoes if they are made of leather. The Shaarei Teshuva (4:18) also cites that the accepted custom is to wash hands one time after touching leather shoes, implying that one need not wash after touching shoes made of other materials. 49. Mishna Berura 614 s.k. 14. 50. Mishna Berura 92 s.k. 24. 70 / Meoros Halacha

Kippur this does not apply. If one did not relieve himself, he may not wash hands before davening. It is forbidden to wash unnecessarily on Yom Kippur, and we must reckon with the opinions that one need only wash hands for Shacharis, but not for other teﬁllos.51 (These opinions explain that each morning we are created anew, and must wash hands before beginning our service of Hashem. This reasoning does not apply to the other teﬁllos of the day).52

Washing hands before Birkas Kohanim

Throughout the year, before a kohen recites Birkas kohanim he must wash his hands. Even if he already washed hands in the morning, he must wash his hands again before he recites Birkas kohanim, in order to sanctify them immediately before his blessing.53 Therefore, even on Yom Kippur a kohen must wash his hands before ascending for Birkas kohanim, even if his hands are already clean.54The kohanim should wash their hands up to their wrists,55 just as they wash throughout the year.56 See footnote.57

51. Mishna Berura 613 s.k. 5. 52. Mishna Berura 4, s.k. 1. 53. Shulchan Aruch 128:6. Our Sages cite a support for this ruling from the possuk “Raise your hands in holiness and bless Hashem”; that is to say, sanctify your hands by washing them immediately before raising them in blessing (Ibid, Mishna Berura s.k. 19). 54. Rema 613:3. 55. Just as the kohanim in the Beis HaMikdash would wash their hands up to their wrists before beginning their service (Rambam, Hilchos Teﬁlla v’Nesias Kapayim 15:5). 56. Mishna Berura ibid. s.k. 7, citing Eliya Rabba (in the name of Mateh Moshe); Mateh Ephraim; Chayei Adam. The Kaf HaChaim (ibid, 15) cites the same ruling from the Drashos Maharil and other Poskim. The Shaar HaTzion (ibid, s.k. 10) writes that although the Pri Megadim holds that on Yom Kip- pur the kohanim should sufﬁce with washing up to their top knuckles (see following footnote), one should follow the Eliya Rabba’s ruling, since the kohanim do not wash for their enjoyment, and therefore there is no prohibition in washing up to the wrists. 57. The Kaf HaChaim ibid cites from the Pri Megadim (E.A. s.k. 2) that kohanim should only wash up to their top knuckles. The Kaf HaChaim adds that this also seems to be the opinion of the Rema, who cites the matter of kohanim washing hands before their beracha, in conjunction with the ruling of the Shulchan Aruch in regard to washing before davening, after exiting the bathroom. There, the Shulchan Aruch requires one to wash only up to his top knuckles. When the Rema adds the matter of kohanim washing for their beracha, he makes no mention of the Maharil’s ruling that they may wash up to their wrists. Nor do the Shulchan Aruch HaRav or Derech HaChaim make any mention of washing up to the wrists. This seems to imply that kohanim should only wash up to their top knuckles before birkas kohanim, just as we do for any other instance of washing hands on Yom Kippur. The Yafe L’Lev also understood the Rema to mean that kohanim should wash only up to their top knuckles. The Kaf HaChaim concludes that nevertheless, if a kohen washes up to his wrists he should not be chastised, since there are many Poskim who support this practice. Tractate Yoma / 71

דדףף ננזז / יויוםם הכיפוריהכיפוריםם

Wet enough to impart moisture

A person may not rub a wet cloth on his body on Yom Kippur, if it is wet enough to impart so much moisture to the hand, that the hand could then make something else wet by touching it.58 Wetting one’s body with such a cloth is considered washing for enjoyment, which is forbidden.59 Even sitting on such a cloth is forbidden, since the moisture passes through one’s clothes onto his body.60 If a person squeezes out the water from a cloth that has reached this degree of wetness, he transgresses a Torah prohibition of s’chita (squeezing). A garment that one would generally object to letting it be so wet may not be moved, as a Rabbinic precaution that he not come to squeeze it.61

Wiping with a moist cloth

If a cloth was soaked in water on erev Yom Kippur, even if it was then removed from the water and allowed to dry to the point where it is no longer wet enough to impart moisture, it is still forbidden to wipe it against the body in order to cool down. Although this does not transgress the prohibition against washing, it is still forbidden as a Rabbinic precaution that perhaps one may come to use a cloth that was not fully dried out, and then come to squeeze it.62 However if a towel was never soaked in water, but merely used to dry one’s hands and feet on erev Yom Kippur, even though it is still slightly damp one may wipe it across his eyes or any other part of his body. In such a case, we are not concerned that he will come to squeeze it out. Nor does this entail a prohibition against washing, even though he does so for his enjoyment.63

58. Shulchan Aruch HaRav 613:14; Kaf HaChaim 42. 59. Shulchan Aruch 613:9, Mishna Berura s.k. 23; Mateh Ephraim 15. 60. Mishna Berura, ibid. 61. Rema 301:46, Mishna Berura s.k. 172. The Mishna Berura (s.k. 171) writes that the Rabbinic prohibition applies only to garments that are saturated with a signiﬁcant amount of water. Elsewhere, the Mishna Berura (308 s.k. 63) adds that the degree of wetness discussed above is considered a signiﬁcant amount of water. Rags that are often left to soak in water are not muktza even when they are wet. Since their owners do not object to their being wet, they will not come to squeeze them out (Mishna Berura 301 s.k. 172). 62. Rema 613:9; Mateh Ephraim 16. Wiping one’s self with a wet cloth entails a Torah prohibition of s’chita. Therefore, our Sages forbid even wiping with a cloth that was soaked in water and then dried out, as a precaution in case it might not have been fully dried out, and one would come to transgress s’chita (Shulchan Aruch HaRav ibid, 16). 63. Mishna Berura ibid, s.k. 25. See Shulchan Aruch 554:14. 72 / Meoros Halacha

דדףף ננחח / יויוםם הכיפוריהכיפוריםם

Washing a sick person

If a sick person needs to be washed as part of his treatment, this does not transgress the prohibition of washing for enjoyment on Yom Kippur. Nevertheless, it does transgress the prohibition against taking medicine or performing other curative practices, which applies on Shabbos and Yom Tov, and also applies on Yom Kippur.64 If a person is so sick that we would allow him to be treated on Shabbos, for example: if a limb is in danger of being lost or impaired, or his entire body hurts (even if his life is not in danger), he may wash on Yom Kippur for treatment. Therefore, if a person’s eyes ache so badly that his entire body suffers, or if he has a limb in danger of being lost or impaired, he may wash them on Yom Kippur as a treatment.65

Immersing in a mikva

It is forbidden to immerse in a mikva on Yom Kippur, even if a person is accustomed to do so throughout the year. Since a person who experiences an impure emission is not halachically required to immerse in a mikva, the pious practice of immersing does not supercede the prohibition of washing on Yom Kippur.66

64. Rema 613:4,9; Magen Avraham s.k. 4; Machatzis HaShekel ibid; Mishna Berura s.k. 10, Shaar HaTzion s.k. 13. The Machatzis HaShekel explains that on Shabbos washing a sick person for his treatment is permitted, since it is not apparent that this is for medical reasons. Upon seeing a sick person being washed, one could easily assume that he is only washing for his enjoyment. However, on Yom Kippur it is forbidden to wash for enjoyment. Therefore, it is clearly evident that he is washing for his treatment. 65. Mishna Berura, Shaar HaTzion ibid. See Shulchan Aruch (328:17), that when a limb is in danger of being lost, one may apply treatment in its usual manner. However, when there is no danger of loss of limb, but his entire body hurts, if a Jew administers the treatment he ideally should perform it in an unusual manner. (See Mishna Berura 328 s.k. 85, 102, 130). 66. Shulchan Aruch 613:11, Mishna Berura s.k. 30. According to halacha, a person who experienced an impure emission need not immerse in a mikva in order to learn Torah or daven. Therefore, immersing in a mikva does not supercede the prohibition against washing. See Daas Torah (ibid, 11) and Kaf HaChaim (ibid, 57), who cite the opinions of several Poskim in regard to the matter of immersing in a mikva. See also Teshuvos Shevet HaLevi I, 165. If tevila-night for a woman occurs on Yom Kippur, she must wait until after Yom Kippur to immerse. When the laws of ritually impurity were still observed, women would immerse even on Yom Kippur, in order not to render pure objects impure. Today, however, the only practical signiﬁcance of a woman immersing in a mikva is for marital relations, which are anyway forbidden on Yom Kippur. Therefore she may not immerse on Yom Kippur. (Shulchan Aruch ibid: 12, Biur Halacha s.v. B’zman hazeh, citing Tosefos Beitza 18b s.v. Kol) Tractate Yoma / 73

דדףף ננטט / יויוםם הכיפוריהכיפוריםם

Rinsing food

Washing not for the sake of enjoyment is permitted on Yom Kippur, as discussed above. Therefore it is permitted to wash food in order to serve it to a child or a sick person, even though the person washing it will wet his hands in the process.67

Kalla

The Shulchan Aruch rules that a kalla within thirty days after her wedding may wash her face in order that her husband not be displeased with her appearance.68 However, some Poskim write that this leniency applied only in previous generations, when men did not spend the entire day in shul. Today, men are in shul all day, and her husband will not see her. Therefore, it is unheard of to rely on this leniency. See footnote.69

דדףף ס / יויוםם הכיפוריהכיפוריםם

Applying ointments

The prohibition against applying ointments is among the ﬁve afﬂictions we are commanded to observe on Yom Kippur.70 It is therefore forbidden to rub oil or any other ointment on one’s body on Yom Kippur.71 One may not apply ointment even to a small area of the body.72

Applying ointment to remove dirt from the body

Although it is permitted to wash dirt off one’s body with water, since one does not do so for this enjoyment, nevertheless it is forbidden to do so with ointment. The regulations of applying ointment are stricter, since one enjoys the feeling of anointing his skin, even if he does not intend to enjoy it.73

67. Mishna Berura 554 s.k. 19, in regard to Tisha B’Av. The Mishna Berura (611 s.k. 5) cites that some interpret kenivas yerek (which strictly speaking is permitted) to mean washing vegetables. 68. Shulchan Aruch 613:10, Mishna Berura s.k. 26. 69. Mishna Berura ibid, citing Chayei Adam. The Kaf HaChaim (ibid, 48) cites from the Kitzur Shul- chan Aruch (133, Pa’as HaShulchan) that the Chayei Adam’s ruling is not conclusive. Therefore, the Kaf HaChaim rules that this matter depends upon the circumstances of any particular case, as appropriate to the situation. 70. Shulchan Aruch 614:1. 71. Mishna Berura 554 s.k. 28. 72. Yoma 77b; Shulchan Aruch 614:1; Kaf HaChaim 1. 73. Mishna Berura 614 s.k. 1; Levush 1; Shulchan Aruch HaRav 1; Kaf HaChaim 1. See Marcheshes (I, 42 s.k. 9) who offers a different distinction between washing and anointing. We ﬁnd that eating and drinking are prohibited even though one does not intend to derive from them enjoyment. This also ap- 74 / Meoros Halacha

דדףף ססאא / יויוםם הכיפוריהכיפוריםם

Applying ointment to a sick person

A sick person may apply ointment for treatment, even if his sickness is not life- threatening. For example, a person with a rash or irritation on his scalp may apply ointment.74 In this case, he does not enjoy the ointment, but simply applies it to alleviate his pain.75 This leniency applies only in places where healthy people are also accustomed to applying ointment. However, if this is not the case, then it becomes obvious that the sick person is applying ointment only as a treatment for his medical condition. He would then be subject to the same restrictions that apply to taking medicine on Shabbos or Yom Tov.76 Only a person who is so sick that he has taken to bed, or is in danger of losing or impairing a limb, would be allowed to apply ointment in such a case.77 In halacha, this category is referred to as choleh she’ain bo sakana (a sick person whose life is not in danger). Even when one is permitted to anoint, he must take care not to transgress the melacha of memarei’ach (smearing).78

דדףף ססבב / יויוםם הכיפוריהכיפוריםם

Wearing shoes

The prohibition against wearing shoes is among the ﬁve afﬂictions of Yom Kippur.79

Non-leather shoes

It is forbidden to wear shoes or sandals made from hard or soft leather, or even a shoe made of a different substance and partially covered with leather, even on its soles.80 plies to anointing, since the Gemara learns from pesukim that “anointing is like drinking.” (Yoma 76b) However, other kinds of enjoyment, such as washing, are forbidden only if one intends to derive from them enjoyment. 74. Shulchan Aruch 614:1; Levush, cited in Kaf HaChaim ibid, 3; Shulchan Aruch HaRav ibid, 1. 75. The Shulchan Aruch HaRav and Kaf HaChaim explain that anointing is generally forbidden even if one does not intend to derive enjoyment, since one does in fact enjoy it (see footnote above). However, in the case of ointment applied as a treatment for sickness, one does not enjoy it at all, but merely applies it to alleviate his pain. Therefore it is permitted. The Kaf HaChaim adds that even if the sick person happens to enjoy the ointment, it would still be permitted, since our Sages did not extend the prohibition of anointing to include sick people. 76. Mishna Berura ibid s.k. 2. 77. As discussed above, in regard to washing. 78. See Shulchan Aruch O.C. 327:1, Mishna Berura s.k. 16, Shaar HaTzion s.k. 17; Kaf HaChaim 11. 79. Yoma 77a. Walking without shoes is considered an afﬂiction, as the pesukim state, “Prevent your foot from going bare” (Yermiya 2:25); “And David ascended the Mount of Olives, crying with head downcast and walking barefoot” (Shmuel II 15:30); and “Your shoes cast off from your feet” (which Yeshaya HaNavi was instructed to do as an act of mourning – Yeshaya 20:2). 80. Shulchan Aruch 614:2, Mateh Ephraim ibid, 1. It is forbidden to wear a leather shoe even on one foot. Tractate Yoma / 75

It is permitted to wear a shoe or sandal made out of a different substance, such as cloth. Even if it has the shape of a shoe, as long as it is not made from leather it is considered a garment and not a shoe.81 However, some Acharonim are stringent and forbid wearing shoes made of other materials, if they are shaped like shoes and protect the feet. They hold that since one does not feel that he is barefoot, this is not considered an afﬂiction.82 The Mishna Berura writes that although one should not object to those who wear non-leather shoes, since the Shulchan Aruch and most Acharonim are lenient, nevertheless if possible it is best to be stringent, and to walk in socks as is customary.83

דדףף ססגג / יויוםם הכיפוריהכיפוריםם

Where one cannot walk barefoot

In places where snakes and scorpions are common, or in places where it has rained recently and the ground is muddy, if one does not have non-leather shoes to wear, he may wear leather shoes.84 If the rain has not made the ground muddy, one may not wear leather shoes. However, if he is an istenis (a particularly sensitive person), who may be harmed by walking on the cold ground, he may wear leather shoes. Similarly, if the ground is wet from the rain and a person might become sick from walking barefoot, he may wear leather shoes. 85

Walking on ﬁlth

If a person must walk into a bathroom, where he knows that his feet will become soiled by the ﬁlth on the ﬂoor, he may wear leather shoes to enter if he has no non-leather shoes to wear.86

Immediately removing shoes

Even when it is permitted to wear leather shoes, one must remove them as soon as possible. Upon entering shul, he must remove his shoes immediately, and not even walk in them until he reaches his seat.87

81. Shulchan Aruch ibid; Mishna Berura, s.k. 5, 6. 82. Mishna Berura ibid, citing Eliya Rabba and Panim Meiros. 83. Mishna Berura ibid; Kaf HaChaim 17. 84. Shulchan Aruch 614:4, Mishna Berura s.k. 12. 85. Ibid. See Biur Halacha s.v. V’hu istenis. 86. Mishna Berura ibid, s.k. 13. 87. Mishna Berura ibid; Kaf HaChaim ibid, 27. 76 / Meoros Halacha

Wearing shoes on opposite feet

Even in these situations where it is permitted to wear leather shoes, one should at least wear them on the wrong feet: that is to say, left shoe on right foot and right shoe on left.88

דדףף ססדד / יויוםם הכיפוריהכיפוריםם

Preferable to wear other shoes

In situations where it is permitted to wear shoes, one must wear non-leather shoes if possible. Even the opinions cited above who normally forbid wearing other kinds of shoes admit that this is only a chumra (stringency beyond the requirements of halacha), whereas wearing leather shoes is an absolute prohibition. Therefore, when necessary it is better to forgo the chumra, and not violate the absolute prohibition.89

Wearing shoes at home

The prohibition against wearing shoes applies in all places, including within the home. It is forbidden to take even a short walk in shoes, such as from one bed to another.90

Wearing one shoe

Just as it is forbidden to wash even one hand, it is forbidden to wear even one shoe.91

Ignoring mockery

Even if a person lives among gentiles, and fears that they will mock him when they see him walking without shoes, he still may not wear leather shoes, since according to some opinions this is a Torah prohibition.92

88. Ibid. Better yet is to use shoes without heels, if such shoes are available. (Shaar HaTzion ibid, s.k. 18) 89. Mishna Berura 614 s.k. 5. 90. Shulchan Aruch HaRav ibid, 2; Mishna Berura ibid, s.k. 7; Kaf HaChaim ibid, 6. 91. Biur Halacha ibid, s.v. Assur lin’ol citing the Rambam; Kaf HaChaim ibid, 6. 92. Mishna Berura ibid, s.k. 15. Although on Tisha B’Av it is permitted to wear shoes under these circumstances, on Yom Kippur it is forbidden, since according to some opinions wearing shoes on Yom Kippur is a Torah prohibition. (Kaf HaChaim ibid, 34) Tractate Yoma / 77

דדףף ססהה / יויוםם הכיפוריהכיפוריםם

Standing on leather pillows

It is permitted to stand on leather pillows or blankets on Yom Kippur. Even if one takes pleasure from standing on leather, this is not considered wearing shoes and therefore it is permitted. Nevertheless, it is commendable to be stringent.93

Standing on pillows during Shemoneh Esrei

However, when davening Shemoneh Esrei it is forbidden to stand on pillows or blankets, even if they are not made of leather. Standing on these items during davening is considered an arrogant pose. Even if they are less than three tefachim tall it is still forbidden.94 One may stand on other things besides pillows and blankets during Shemoneh Esrei, provided they are less than three tefachim tall. Standing on other things is not considered an arrogant pose.95

דדףף ססוו / יויוםם הכיפוריהכיפוריםם

“… Who has provided for all my needs”

Among the morning berachos, we recite, “Blessed are You, Hashem… Who has This beracha refers speciﬁcally to the shoes that .(’שעשה לי כל צרכי‘) ”provided for all my needs Hashem has given us.96 The Poskim debate whether this beracha should be recited on Yom Kippur, when we do not wear shoes.

93. Rema 614:2, citing Mordechai; Kaf HaChaim ibid, 19. The Mishna Berura (s.k. 9) cites from the Pri Chadash, who agrees with the Radvaz (also cited in Magen Avraham) that there is no prohibition at all against standing on leather pillows, and there is no need to be stringent. 94. Mishna Berura ibid s.k. 9. 95. Shulchan Aruch HaRav 4, based on Shulchan Aruch O.C. 90, cited in Kaf HaChaim 21. The Mishna Berura (s.k. 9) writes that if a person is sensitive to cold, he may stand on a small amount of dried grass to separate between his feet and the ground. Elsewhere, the Mishna Berura (98 s.k. 10) writes that one may spread dried grass on the ﬂoor on Yom Kippur to stand on them during davening, since they become like part of the ground. There, he does not stipulate any condition that a person must be sensitive to cold to rely on this leniency. 96. The Gemara in Berachos (60b) writes that when one puts on his shoes in the morning, he must recite this beracha. This ruling is cited in Shulchan Aruch (461:1). However, elsewhere the Shulchan Aruch (46:2) explains that since our hands are not clean when we get dressed in the morning, the custom has de- veloped to recite the morning berachos together in shul. The reason that special signiﬁcance was given to wearing shoes, is that a barefoot person cannot leave his house to attend to his needs. Once he has shoes to wear, he can leave his home to attend his needs. (Avudraham, Levush cited in Kaf HaChaim ibid, 14) 78 / Meoros Halacha

Some hold that even on Yom Kippur this beracha should be recited.97 Even though we are generally forbidden to wear shoes on Yom Kippur, nevertheless there are some situations in which it is permitted, such as where scorpions are common. Therefore, one may recite the morning berachos in their normal order, as he does throughout the year.98 Furthermore, one does not make a beracha over just this one instance of wearing shoes, but over the general beneﬁt of wearing shoes.99 Others hold this beracha is not recited on Yom Kippur, since it is forbidden to wear shoes.100

Marital relations

On Yom Kippur it is forbidden to engage in marital relations. It is forbidden for a man to even touch his wife, by day or by night.101 The precautionary laws designed to distance a husband and wife during the times of her impurity must also be followed on Yom Kippur. Therefore it is forbidden for them to pass things from one to another. One should not engage in excessive conversation with his wife on Yom Kippur.102

דדףף ססזז / יויוםם הכיפוריהכיפוריםם

Children up to age nine

Our Sages did not forbid children from eating, since eating is necessary for their healthy growth. It is permitted for an adult to give a child food or drink on Yom Kippur (until they have reached the age of nine or ten, as discussed below).103

97. Tur 613 citing Baal Ha’Itur; Beis Yosef citing Rosh and Ran. See also Ritva. Mishna Berura 554 s.k. 31 and Kaf HaChaim ibid, 78 citing Levush and Eliya Rabba. See Shaar HaTzion ibid s.k. 39, citing Pri Megadim who writes that this is the prevalent custom. 98. Baal Ha’Itur, ibid. 99. Ran, cited in Beis Yosef ibid. This is similar to the beracha of, “… Who gives wisdom to the rooster to distinguish between day and night,” which we recite even if we did not hear a roster crow. 100. The Beis Yosef writes that this is the opinion of the Rambam, who holds that a person who walks barefoot does not recite this beracha. The Be’er Heitev (554 s.k. 11) writes that the Arizal also ruled not to recite the beracha. Kaf HaChaim (ibid, 78) cites the Arizal and other Acharonim who also rule the same (see Kaf HaChaim 46:17). Kaf HaChaim (613:10) also cites from the Nahar Shalom in the name of the Radvaz that in places where there is no clear resolution to a debate among the Poskim, reasons based on kabbala may be used to decide between them. In this case, according to kabbala one should not recite this beracha. Ben Ish Chai (First Year, Parshas Vayeishev 9) writes that since the great majority of people do not wear shoes, even though women who just gave birth and sick people may wear them, they are a negligible minority. See also Maharitz; Teshuvos Pe’ulos Tzaddik I, 148. The Vilna Gaon (Maaseh Rav, 9) rules that one should not recite this beracha on Yom Kippur. Rather, on motza’ei Yom Kippur one should recite it as soon as he puts on his shoes and washes his face. 101. Shulchan Aruch 615:1, Mishna Berura s.k. 1. 102. Ibid. Not only is frivolous banter with one’s wife forbidden (as it is when she is impure), but all forms of excessive conversation should be avoided, due to the holiness of the day. (Mateh Ephraim ibid:1; Kaf HaChaim ibid: 3,4) 103. Shulchan Aruch 616, Mishna Berura s.k. 1,2. Tractate Yoma / 79

Children washing and applying ointment

The Shulchan Aruch writes that children are not restricted by any of the afﬂictions of Yom Kippur, except for the prohibition against wearing shoes. This implies that they may wash or apply ointment (according to the restrictions against bathing and smearing that apply on Shabbos and Yom Tov).104 However, the Poskim write that this leniency was relevant only in previous generations, when it was common to wash and anoint children each day to assist their healthy growth. As mentioned above, our Sages did not prohibit things that are necessary for the healthy growth of children. However, in our generation it is not common to wash or anoint children each day to help them grow. Going one day without bathing is not considered an afﬂiction for them. Therefore, they should not be washed or have ointment applied to them on Yom Kippur.105

Children wearing shoes

Wearing leather shoes does not assist in the healthy growth of children, and they would not suffer from going without shoes on Yom Kippur. Therefore even children under the age of nine may not wear leather shoes.106

Babies that became soiled

If a baby became soiled, he may be washed. Even an adult would be allowed to wash himself in such a situation, since this is not considered washing for enjoyment, as discussed above.107

דדףף ססחח / יויוםם הכיפוריהכיפוריםם

Training children to fast

A healthy nine year old, or weak ten year old, must be trained to fast by having him fast for a few hours. That is to say, he should not eat at the time he regularly does, but should instead wait for an hour or more past his regular meal-time, depending on his strength.108

104. Ibid. A child who has reached the age of nine if he is healthy, or ten if he is weak, may not wash or anoint at all. (Rema ibid:2, Mishna Berura s.k. 10, Biur Halacha s.v. V’chol makom) 105. Mishna Berura s.k. 3 citing Magen Avraham; Kaf HaChaim 3. The Machatzis HaShekel (citing from Magen Avraham 511 s.k. 5) notes that in our days children sometimes go two or three days without a bath. 106. Ibid, Mishna Berura s.k. 2; Kaf HaChaim 2. If a child who has reached the age to be educated in mitzvos takes shoes by himself and puts them on, his father (or perhaps even his mother – see below footnote 108) must tell him to remove them in order to educate him in mitzva observance. (Shulchan Aruch O.C. 343) 107. Shulchan Aruch 613:1. See above in the halachos of washing on Yom Kippur. 108. Shulchan Aruch 616:1, Mishna Berura s.k. 5. The Mishna Berura writes that a father is obligated 80 / Meoros Halacha

Training a girl to fast

Although girls become obligated in Torah obligations one year before boys, nevertheless in regard to training them to fast on Yom Kippur our Sages did not differentiate between girls and boys. Therefore, a girl begins her training at the same age as a boy. If she is healthy, she begins fasting for a few hours from age nine. If she is weak, she begins at age ten.109

A child under age nine

A child under age nine should not begin his training to fast on Yom Kippur, even by just postponing his meal time for a few hours, so as not to endanger his health.110 One may not be stringent in this regard.111 See footnote.112

to train his child to fast, but other adults are not. Some Poskim hold that a mother is not obligated to train her child to fast, (but she does fulﬁll a mitzva by doing so). Other Poskim hold that a mother is also obligated. The Mishna Berura adds from the Magen Avraham that although other adults need not stop a child from eating, they may not give him food to eat. This is included in the general prohibition against giving forbidden foods to a child to eat. The Mishna Berura (343 s.k. 4) writes that one may not even give a child forbidden food even to play with, in order that he not come to eat it. This is also considered feeding forbidden foods to a child. However, the Shaar HaTzion (616 s.k. 9) writes that the Magen Avraham’s ruling is not conclusive, since the obligation to train a child to fast does not an entail a prohibition against the child eating, per se. Rather the father has an obligation to train his child. Since this obligation does not rest upon other adults, perhaps they may actually feed the child on Yom Kippur. The Kaf HaChaim (ibid, 10) cites from the Zohar that training children to fast and bringing them to shul on Yom Kippur is a wondrous segula to protect them from a throat disease known in the Gemara as “askara.” 109. Ibid; Mishna Berura s.k. 6. The Mateh Ephraim (ibid, 5) does cite an opinion that a girl’s training begins one year before a boys, (at age eight), but in practice he rules that they should begin at the same age. Since this is only a Rabbinic obligation, and it entails some danger to the child’s health, it is best to be lenient. 110. The Eleph HaMagen (ibid, 5) writes that many have the practice of withholding food from their small children on Yom Kippur night, even though the children need to eat. This practice is incorrect. If small children wish to eat they must be fed, and one may not be stringent in this matter. 111. Ibid, 2. The Kaf HaChaim (ibid:9) writes that if children under age nine are brought to shul, food must be prepared to bring for them, as is customary. If possible, they should go somewhere private to eat, or turn towards a wall to conceal themselves as much as possible, rather than eating in public. 112. The custom to have children fast before they have reached age nine or ten is acceptable only if the child wishes to fast. If so, he need not be prevented from fasting. The sefer Tosefes Yom HaKippurim rules that in this case, the prevalent custom is the deciding factor. (Eshel Avraham - Butchatch, ibid) Tractate Yoma / 81

דדףף ססטט / יויוםם הכיפוריהכיפוריםם

Eleven-year-old children

The Shulchan Aruch rules that eleven-year-old children, both boys and girls, must fast the entire day according to Rabbinic law, in order to train them in the performance of mitzvos.113 The Rema cites dissenting opinions who hold that even according to Rabbinic law eleven year olds need not fast the entire day, but may sufﬁce with pushing off meal times. He concludes that if a child is too weak to fast, he may rely on these opinions.114

The currently accepted practice

The Poskim write that these days, eleven year olds do not fast for the entire day, since people are weaker now than they were in previous generations. It may be assumed that most children have the status of a weak child who need not complete the fast, unless he is known to be strong enough to endure it.115 The Poskim imply that it is customary even for twelve-year-old boys not to complete the fast.116

Bar-mitzva age children

Thirteen year old boys and twelve year old girls are obligated to fast the entire day on Yom Kippur.117

113. Shulchan Aruch 616:2. The Shulchan Aruch makes no distinction between healthy and weak children. However, if a child is known to be sick, and could be endangered by fasting, then this does not apply. (See Mishna Berura 616 s.k. 7; Kaf HaChaim ibid, 14). 114. Accordingly, if a child is strong he should fast the entire day. The Biur Halacha (s.v. B’naar) cites from the Teshuvos Menachem Azarya who holds that the second opinion is accepted in halacha, and even healthy eleven year olds need not fast for the entire day. This is the opinion of many major Rishonim. 115. Ibid, Mishna Berura s.k. 9; Kaf HaChaim 17. The Kaf HaChaim (ibid) cites another explanation in the name of the Bach. Children today all study Torah, and the Torah weakens a person’s strength. (cited also in Shulchan Aruch HaRav ibid, 11) The Kaf HaChaim adds that children today may be assumed to be included in the category of sick people. 116. Mishna Berura ibid, citing Eliya Rabba. The Kaf HaChaim (ibid, 17) cites from the Dagul Mervava that if a child is weak, even if he is already twelve years old he should not complete the fast. In this case, we rely on the Poskim who hold that there is never any Rabbinic obligation for a child under bar-mitzva age to fast the entire day. 117. Ibid, 2. See Rema (ibid) and Mishna Berura (s.k. 11-13) for a discussion of the physical maturity of a child necessary to make him obligated in mitzvos according to Torah or Rabbinic law. 82 / Meoros Halacha

FEEDING THE ILL ON YOM KIPPUR

דדףף ע / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

Introduction

It is a positive commandment from the Torah to refrain from eating and drinking on Yom Kippur, as the possuk states, “Afﬂict your souls.” If a person eats or drinks on Yom Kippur, he transgresses this positive commandment, as well as a prohibitive commandment punishable by kareis, as the possuk states, “Any soul who does not fast on this day will be cut off from its nation.”1

A sick person

In any case of piku’ach nefesh (danger to human life), or even a chance of piku’ach nefesh, it is permitted to eat and drink on Yom Kippur,2 according to the guidelines speciﬁed below.

Just as one violates Shabbos by performing melachos for piku’ach nefesh, he must also violate Yom Kippur for piku’ach nefesh, by performing melachos or by eating. Due to Hashem’s love for us, and His desire to grant us eternal life through the fulﬁllment of Torah and mitzvos, He warned us to guard our health. With strong and healthy bodies, we will be able to serve Him properly in this world, and thereby merit the World to Come, as the possuk states, “You will guard My statutes and My laws, that a man shall observe and live by them.”3 If a sick person was required to eat on Yom Kippur and ate, he needs no atonement. This is not considered an intentional sin, or even an accidental sin for which one would require atonement.4 He was forced to eat, and in fact fulﬁlls a mitzva by doing so, since he ate in order to save his own life.5

A sick person who does not wish to eat

If doctors have determined that a sick person must eat on Yom Kippur, and he does not wish to follow their instructions, he is not considered pious for doing so. Just the opposite,

1. Rambam, Hilchos Shvisas Asor, ch. 1:4; Shulchan Aruch 612:1, 9. 2. Shulchan Aruch 618:1-6. 3. Issur V’heter, 60:8. An ancient Yom Kippur Machzor was found, in which it is written that before a sick person eats on Yom Kippur, he should recite the following declaration of intent: “I am ready and prepared to fulfill the mitzva of eating and drinking on Yom Kippur, as You have written in Your Torah, ‘You must guard My statutes and My laws, that a person will perform and live by them.’ In the merit of this mitzva, inscribe and seal me and all the sick people of Your nation Israel for a complete recovery. Let me merit next Yom Kippur to fulfill again the mitzva, ‘Afflict your souls.’ Amen, may this be Your will.” (cited in Shabbos Shabboson: 59) 4. Teshuvos Binyan Tzion hachadashos, 25; Mishna Berura 618 s.k. 5; Kaf HaChaim ibid, 15. 5. Mishna Berura 204 s.k. 47. Tractate Yoma / 83 he is considered a murderer, who is accountable for the death of his own soul, as the possuk says, “I will demand your blood from yourselves.”6 In regard to thus, the possuk states, “Do not be overly righteous.”7 If a sick person must eat but refuses to do so, he should be fed against his will.8

דדףף עעאא / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

Eating in small measures

Even when a person is allowed to eat or drink on Yom Kippur for piku’ach nefesh, if possible he must eat in small measures, such that he does not eat at once the amount necessary to be liable for kareis. (These measures are discussed at length below).9 Although eating a small amount is also a Torah prohibition, it is less severe than eating an amount large enough to incur kareis.10

If small measures do not sufﬁce

If eating in small increments will not sufﬁce, he may eat as much as he needs at once. Furthermore, if there is even any doubt whether eating small amounts will sufﬁce, he may eat as much as he needs at once.11

If the sick person requests more food

If the sick person says that eating or drinking in small measures will not sufﬁce for him, he may be fed as much as he needs at once. It is customary to place the food before him and say, “Today is Yom Kippur. If you suspect that eating in small increments will not sufﬁce, and your life will still be endangered, then eat as much as you need. If not, then eat in small increments.”12

6. Ramban, Milchamos Hashem: Sanhedrin 74b; Toras Ha’Adam: Sakana, s.v. V’lo mibaye; Issur V’heter; other Poskim cited in 618; Mishna Berura s.k. 5’ Kaf HaChaim s.k. 13. 7. Issur V’heter, ibid. 8. Radvaz IV, 67 (in regard to violating Shabbos for a sick person); Knesses HaGedola gloss on Tur, cited in Be’er Heitev 618 s.k. 3; Shulchan Aruch HaRav ibid, 12; Mateh Ephraim ibid, 15; Kaf HaChaim ibid, 14. Mishna Berura (328 s.k. 6) cites the Radvaz, and adds that one should convince the sick person that his assumed piety is foolish. 9. Shulchan Aruch 618:7, 8. 10. Ramban: Toras Ha’Adam; Rosh: Yoma 8:13, cited in Beis Yosef 618. 11. Shulchan Aruch 618:8. 12. Ibid, Mishna Berura s.k. 24; Kaf HaChaim ibid, 50. 84 / Meoros Halacha

דדףף עעבב / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

Limiting the amount of food

Even when a sick person eats in small increments by the doctor’s instructions, he may not eat as many times as he desires. He may only eat or drink as much as is necessary to save his life from danger.13 However, if limiting the amount of times he eats poses even the slightest risk of danger to his life, he must eat as much as he needs. It is forbidden to be stringent in this matter, as explained above. Similarly, if a sick person is permitted to eat or drink normally in larger measures, he may only eat as much as is necessary to protect his life.14 Again, if there is any question that limiting how much he eats may pose a threat to his life, he must not refrain from eating more.

A person who requires only food or drink

A sick person who requires food but not drink to protect his life may not drink. Similarly, a sick person who requires drink but not food may not eat.15

Consulting doctors and Rabbonim

Since there are many particular details involved in permitting a sick person to eat on Yom Kippur, each sick person must take counsel as to how much food and drink he requires in order to ensure that his life will not be endangered by the fast. He should consult a medical expert to determine how much he requires, and present the information before a competent Rav, who is well versed in these halachos.

דדףף עעגג / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

“Shiurim”

The prohibition against eating and drinking on Yom Kippur is different than the prohibition against eating forbidden foods. When eating other forbidden foods, one is only liable for punishment upon eating a kazayis (the volume of an olive). When drinking forbidden

13. Mishna Berura 617 s.k. 7; Teshuvos Binyan Tzion 34; Kaf HaChaim ibid, 15. We do not say that since the restrictions of Yom Kippur were partially lifted, they are lifted entirely. (Mishna Berura, ibid) 14. Teshuvos Binyan Tzion, ibid. If is health requires him to eat a large portion only once, and after- wards it would suffice to eat in small measures, he may not continue to eat in large measures. (If he does so unnecessarily, he would be liable kareis). It is extremely difficult to determine the exact amounts that a sick person needs to eat. Making such an estimate requires extensive knowledge of the field. (Binyan Tzion ibid, cited in Biur Halacha 618 s.v. V’im amduhu; Kaf HaChaim ibid, 49). 15. Eleph HaMagen 618 s.k. 1. A sick person who is permitted to eat and drink is still subject to the other restrictions of Yom Kippur: washing, anointing, and wearing shoes. He may not perform these actions unless instructed by a doctor to do so – ibid. Tractate Yoma / 85 drinks, one is only liable upon drinking a revi’is (a Talmudic measurement of liquid volume equaling one quarter lug). However, on Yom Kippur one is not liable for kareis unless he eats a k’koseves hagassa (the volume of a large date), or drinks a maleh lugmav (cheek full).16 The modern day equivalents of these shiurim (measurements), and the time limit in which they must be eaten to incur punishment, will be discussed below.

“Any soul who does not afﬂict himself”

The reason for the distinction between Yom Kippur and other forbidden foods, is that the Torah does not phrase the mitzva to fast on Yom Kippur as a prohibition against eating.17 Rather, it presents the mitzva to fast as an affliction, as the possuk states, “Any soul who does not afflict himself on this day will be cut off (kareis) from its nation.” As long as a person does not eat or drink an amount that will bring him peace of mind, he still suffers from the affliction of hunger, and he is not considered a “soul who does not afflict himself.”18 Our Sages received a tradition that a k’koseves of food or maleh lugmav of drink is the amount necessary to bring a hungry person peace of mind.

דדףף עעדד / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

Eating within a kdei achilas pras

A person who eats a k’koseves on Yom Kippur is only liable for kareis if he eats it within the time limit of kdei achilas pras, as discussed below. Even if he did not eat the k’koseves at once, but in a series of smaller bites that equal k’koseves within kdei achilas pras, he is still liable for kareis.19

Eating a k’koseves in more than kdei achilas pras

If it took longer than kdei achilas pras for a person to eat k’koseves, the bites do not combine to make him liable for kareis. It is considered as if he ate less than the minimum shiur.20

16. Shulchan Aruch 612:1, 9, Mishna Berura s.k. 1. 17. The prohibitions against other forbidden foods are presented as prohibitions against “eating,” which we interpret to mean eating a kazayis. 18. Mishna Berura ibid, s.k. 1,3, 23; Kaf HaChaim ibid, 8. 19. Shulchan Aruch 612:3; Chazon Ish O.C. 39, s.k. 18, s.v. V’ha. For a discussion of the time restraints for drinking, see below footnotes 32, 43. 20. Ibid. In order to be liable for punishment for eating a kazayis of other forbidden foods, one must eat the kazayis within kdei achilas pras. Even though a k’koseves is larger than a kazayis, the same time limit applies. Our Sages determined that if a person eats a k’koseves within kdei achilas pras his hunger his mind is put at ease. If he eats a k’koseves in more than kdei achilas pras he is not relieved from the afﬂiction of hunger. (Yoma 80b; Shaar HaTzion ibid, s.k. 8) The Kaf HaChaim (ibid 16) writes that this applies only if he paused in the middle of the k’koseves with no speciﬁc intent. However, if he paused in order to evade the punishment of kareis, then he is in fact liable for kareis. 86 / Meoros Halacha

Even if a person did not interrupt in the middle of eating, but simply ate crumb by crumb so slowly that it took longer than kdei achilas pras to eat k’koseves, he is not liable for kareis.21

דדףף עעהה / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

Less than a shiur is still a Torah prohibition

Even though one is liable for kareis only by eating a k’koseves of food or maleh lugmav of drink, it is still a Torah prohibition to eat less than these amounts.22 As a general rule, the Gemara concludes that, “half a shiur [or less] is a Torah prohibition.”23

K’koseves

The measure of k’koseves hagassa refers to the volume of a large date including its pit.24 This is slightly smaller than the average egg.25 If a person deliberately eats this amount within kdei achilas pras, he is liable for kareis.26

Maleh lugmav

The liquid measure of maleh lugmav equals the amount that when pushed into one cheek, would give the appearance that the cheek is full. Although the Hebrew expression maleh lugmav is plural, and implies that both cheeks must be full, it is sufﬁcient for the liquid to be pushed to one side to ﬁll one cheek, to give the impression that both cheeks are full.27

דדףף עעוו / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

K’koseves applies equally to all people

A person who eats k’koseves on Yom Kippur is liable for kareis. This measurement applies equally to all people, regardless of their size.28 Our Sages understood that this amount

21. Mishna Berura ibid, s.k. 6; Kaf HaChaim ibid, 14. 22. Shulchan Aruch 612:5, Mishna Berura s.k. 10, 11. 23. Yoma 73b; Rambam: Hilchos Shevisas Assur, 2:3. The Rambam adds that a person who eats less than a shiur is liable for ﬂogging by Rabbinic law. 24. Mishna Yoma, 8:2; Rambam’s commentary to the Mishnayos; 612 Biur Halacha s.v. K’koseves. 25. Yoma 73; Shulchan Aruch 612:1, Mishna Berura s.k. 2. In today’s eggs, this equals about 45-50 grams, according to the stringent opinions (Shiurin shel Torah: Shiurei HaMitzvos, 21). See below footnote 48. 26. Rambam: Hilchos Shvisas Assur, 2:1. 27. Ibid; Shulchan Aruch 612:9, Mishna Berura s.k. 25; Kaf HaChaim ibid, 41. 28. Shulchan Aruch 612:1. Tractate Yoma / 87 is enough to put a hungry person’s mind at ease. A large person’s hunger would be appeased to a small extent, whereas a smaller person would be appeased to a greater extent. Less than this amount would not be enough to appease the hunger of anybody.29

Maleh lugmav depends upon the size of a person

A person who drinks a maleh lugmav (cheek full) on Yom Kippur is liable for kareis.30 This amount is relative to the size of the individual’s cheek. For a large person, this might be more than a revi’is; for a smaller person it might be less than half a revi’is. Our Sages received a tradition that a person’s thirst could only be appeased by an amount equal to his own cheek full.31 Maleh lugmav for an average person is less than a revi’is.32

דדףף עעזז / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

Combining different foods or drinks

If a person eats several different kinds of foods, their total volume is combined to equal a k’koseves.33 Similarly, different kinds of drinks are combined to equal a maleh lugmav.34

Combining foods with drinks

However, if a person eats and drinks, the volumes of the foods and drinks do not combine to make a person liable for kareis. Therefore, if a person eats slightly less than k’koseves, and drinks slightly less than maleh lugmav, he is still exempt from kareis. Eating and drinking such small amounts do not bring peace of mind to a hungry or thirsty person, and therefore he does not fall into the category of, “The soul who does not afﬂict himself will be cut off.”35

29. Shulchan Aruch HaRav ibid 1; Mishna Berura s.k. 3; Kaf HaChaim ibid, 9. 30. See below, note 43 for the amount of time in which this amount must be drunk in order to be liable. 31. Shulchan Aruch ibid 9; Mishna Berura s.k. 24; Kaf HaChaim ibid, 40. 32. Ibid 9. The Mishna Berura (s.k. 26) understood from this wording that the average maleh lugmav is almost a revi’is. However the Shulchan Aruch (271:13) writes that maleh lugmav is “the majority of a revi’is.” The Biur Halacha (271 s.v. V’hu rubo) makes note of this apparent discrepancy. He suggests a possible explanation that in regard to the Torah’s shiur for which a person would be liable for kareis on Yom Kippur, the Shulchan Aruch cites a larger shiur for which all opinions would agree that one is liable. (In regard to the prohibition le’chatchila, this shiur is of no relevance, since drinking even less than a shiur is forbidden by Torah law). However, in regard to how much wine must be drunk for kiddush, a Rabbinic requirement, the Shulchan Aruch relied on the Poskim who hold that the maleh lugmav of the average person is only the majority of a revi’is. The Kaf HaChaim (612:42) writes that when a sick person drinks in small increments, he should drink slightly less than the majority of a revi’is. Elsewhere (618:45), the Kaf HaChaim writes that he should drink half a revi’is. 33. Shulchan Aruch 612:2. 34. Ibid, 9. 35. Ibid, 2; Mishna Berura s.k. 5; Kaf HaChaim ibid, 13. 88 / Meoros Halacha

Condiments

Anything that serves to add ﬂavor to food (such as salt), is considered part of the food, and combines with it to equal a k’koseves.36 Similarly, when pickled vegetables are eaten with their brine, or bread is dipped in wine or water, even though the brine, wine and water are all liquids, they are considered like foods, since they are eaten with the solid to add ﬂavor to them. Therefore, they combine with the food to form a k’koseves.37

דדףף עעחח / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

Feeding a sick person on Yom Kippur

If a sick person must eat on Yom Kippur, but does not require large amounts of food at as discussed above. He must be given food of the ٣٨,once, he must be fed in small increments same volume as two thirds of an average egg39 (according to the sizes of eggs commonly found today),40 which is less than k’koseves. He must then wait kdei achilas pras, and again eat less than a k’koseves. By eating in these increments, the bites do not combine to equal a k’koseves. Even a healthy person would not be liable for kareis by eating in this manner.41

36. Ibid, 2; Mishna Berura s.k. 4; Kaf HaChaim ibid, 11. 37. Ibid; Kaf HaChaim ibid, 12. 38. Shulchan Aruch 618:7; Mishna Berura s.k. 17. 39. This is the wording of the Shulchan Aruch. The Magen Avraham writes that he may be given slightly more than two thirds of an egg, but not slightly less than an egg, since this is the amount of k’koseves, for which one would be liable for kareis. (Mishna Berura s.k. 18) The Kaf HaChaim (ibid, 39) cites the Magen Avraham, and also cites the Maamar Mordechai who questions the Magen Avraham’s ruling, and insists that the Ran and other Poskim were correct in writing specifically two thirds, since any more than that draws dangerously close to the amount of k’koseves (which is slightly less than an egg), for which one would be liable kareis. 40. The Chasam Sofer (Teshuvos O.C. 127 s.v. L’chain) writes that in regard to the laws of Yom Kip- pur, we base our measurements on currently common eggs, and do not presume that the eggs common in the times of Chazal were larger, since this would result in a leniency. In Shiurim shel Torah: Shiruei Mitzvos 21, we find that the Acharonim offer a stringent measurement, by estimating the volume of the currently average eggs as equaling 45-50 grams. (Accordingly, two thirds of an egg equals about 30 grams. However, the shiur is not measured in weight but in volume, as discussed below in footnote 48. Therefore, the food must be measured to equal less than 30 cc of volume, in order to fulfill all opinions). See below, footnote 48, that the calculation depends on the type of food in question. 41. Shulchan Aruch 618:7, Mishna Berura s.k. 19; Chazon Ish O.C. 39 s.k. 18 s.v. V’ha. The Chazon Ish comments on the Mishna Berura’s wording (618 s.k. 21) that one must wait kdei achilas pras between increments. It is more accurate to say that the time period of kdei achilas pras starts with the beginning of the first bite. Tractate Yoma / 89

Giving a sick person to drink

Similarly, if a sick person must drink on Yom Kippur, but does not require large amounts of liquid at once, he must be given to drink in small increments,42 as discussed above. He must be given less than a maleh lugmav (measured by his own cheek full), and then wait kdei achilas pras before drinking again less than a maleh lugmav.43 The exact deﬁnition of maleh lugmav in practical terms will be discussed below.

How long to pause between servings

Kdei achilas pras, the amount of time in which food combines to equal k’koseves, is nine minutes. Therefore, a sick person who eats in small increments must spread out each k’koseves of food over more than nine minutes. (This is assuming that the sick person’s condition permits him to wait so long between servings, and it is certain that this will cause no danger to his life. See footnote).44

42. Ibid, 8. 43. Ibid; Kaf HaChaim 612:17. The Rishonim debate what is the time limit in which drinks combine to equal a maleh lugmav. The Shulchan Aruch (612:10) cites two opinions: “If one drank a small amount, paused, and drank again – if less than k’dei shtiyas revi’is (the amount of time necessary to drink a revi’is) passed from the beginning of the ﬁrst drink to the end of the last, the drinks combine to equal a maleh lugmav. If not, they do not combine. Some opinions hold that the increments of drinking in shiurim should also be separated by kdei achilas pras (the same shiur used for measuring increments of food) and not k’dei shtiyas revi’is.” The Mishna Berura (s.k. 31) writes that the wording of the Shulchan Aruch implies that the ﬁrst opinion cited is accepted in halacha. However, the Pri Chadash and Vilna Gaon write that the second opinion is accepted. In regard to giving a sick person to drink on Yom Kippur, the Shulchan Aruch (618:8) cites only the stringent opinion that the maleh lugmav must be spread out over longer than kdei achilas pras. (See Mishna Berura s.k. 21) The Poskim write that in regard to eating on Yom Kippur, kdei achilas pras is assumed to equal nine minutes. If a sick person is unable to wait so long between drinks, then he should observe the more lenient opinion of waiting k’dei shtiyas revi’is. (618:8 Mishna Berura s.k. 23) K’dei shtiyas revi’is is judged according to the average speed at which people drink. People usually do not drink a revi’is in one big gulp, but in two sips, which is the polite way of drinking. (Shulchan Aruch 210, Shaar HaTzion s.k. 11) 44. Teshuvos Chasam Sofer VI, 16, 21, cited in Mishna Berura 618 s.k. 21 and Kaf HaChaim ibid, 43. The Kaf HaChaim refers to what he wrote above (210:8), that kdei achilas pras is seven minutes. He concludes that one should be stringent to wait nine minutes, if his condition permits. Shiurin shel Torah: Shiurei Mitzvos 22, 23 cites from the Chazon Ish that kdei achilas pras is nine minutes. Although the Acharonim offer other opinions as to the length of kdei achilas pras, some holding that it is as little as four or even two minutes, these opinions are only accepted as a stringency. For example, a kazayis of matza must be eaten within kdei achilas pras; one should endeavor to eat it within two or four minutes. However, in this question of pausing between servings of food on Yom Kippur, the smaller estimation of kdei achilas pras would result in a leniency. Therefore, we accept the longer estimation of kdei achilas pras, and wait nine minutes. If waiting this long between servings might endanger the life of the sick person, he should make smaller pauses. The Chasam Sofer (ibid) therefore writes that when possible, one must spread the k’koseves out over more than nine minutes. When this is impossible, he should wait at least two minutes. See Shiurin shel Torah: Shiurei Mitzvos 29, who writes, “If it is impossible to wait this long, he should wait as long 90 / Meoros Halacha

דדףף עעטט / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

Eating and drinking

If a sick person must eat and drink on Yom Kippur, he need not wait at all between eating less than a k’koseves, and drinking less than a maleh lugmav. Eating and drinking do not combine to equal a shiur, since they do not combine to bring peace of mind to a hungry person.45

Soaking bread in a liquid

When a liquid serves as a condiment for food, it becomes like a part of the food and combines to equal a k’koseves, as discussed above. Therefore, if a person soaks his food in liquid, such as bread in water or wine, and the liquid causes the solid to inﬂate to the size of a k’koseves, he is liable for kareis even though the food itself was originally less than a k’koseves, and the liquid was less than maleh lugmav.46

דדףף פ / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

Measuring foods before Yom Kippur

If a sick person knows that he will need to eat in increments on Yom Kippur, he should measure out small portions on erev Yom Kippur. He should not estimate the size of the portions, since one can easily err in his estimations. It is also not advisable to estimate small amounts that are certainly less than a k’koseves, since this might unnecessarily endanger his life. Therefore, he should measure out precise portions of food on erev Yom Kippur.47 Not everybody is capable of measuring out precise portions of less than a k’koseves, especially since different kinds of foods require different methods of measurements. Therefore the help of an expert should be enlisted in preparing food from erev Yom Kippur. See footnote.48 as he can, based on the instructions of skilled doctors.” 45. Mishna Berura 618 s.k. 21; 612:2, s.k. 5. 46. Mishna Berura 612 s.k. 4. 47. Mateh Ephraim 618:11; Kaf HaChaim 37, 40. 48. K’koseves is measured in volume, not in weight (as discussed at length in Meoros Halacha: Masech- es Pesachim, in the appendix of measurements found at the end of the Hilchos Leil HaSeder, 7. See footnotes there). Only when using the metric system to measure water, do the weight and volume correspond to one another. Other foods have varying ratios of weight to volume, depending upon the density of the substance. Therefore, each food has its own measure of weight for the volume k’koseves. As discussed above in footnote 40, the shiur of less than k’koseves is 30 cc. On erev Yom Kippur, a measuring cup should be taken, and ﬁlled with the desired food up to the mark of 30 cc. An equal volume of that food may be eaten for each serving on Yom Kippur. (For example, a cracker should be crumbled and put into the measuring cup on erev Yom Kippur. If half a cracker ﬁlls the cup up to the 30 cc mark, then half a cracker may be eaten for each serving on Yom Kippur). Tractate Yoma / 91

It is proper to measure on erev Yom Kippur whatever will be eaten on Yom Kippur, in order that one will not need to measure on Yom Kippur.49 However, if one did not measure the food on erev Yom Kippur, he should measure on Yom Kippur. He need not be concerned with the Rabbinic prohibition against weighing and measuring on Shabbos, since failing to measure may result in eating more than the maximum permitted amount.50

Measuring liquids

The measurement of maleh lugmav depends upon the cheek size of each individual.51 Each sick person can make his own measurements on erev Yom Kippur, by putting water in his mouth and pushing it into one cheek until the cheek appears full. The water should then be spit back out into an empty cup, and the water level of the cup should be marked. Each time he drinks on Yom Kippur, he should ﬁll the cup to less than the mark of maleh lugmav.52

דדףף פפאא / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

Kiddush

A sick person, a woman after childbirth, or a child who is permitted to eat on Yom Kippur should not make kiddush before he eats. A person may not be stringent with himself to make kiddush unnecessarily, since this is a question of a beracha l’vatala (in vain).53

Since the volume determines how much may be eaten, a sick person should choose denser foods, which will be more filling for the same volume. For example, a piece of cracker is more filling than the same sized piece of bread. 49. Kaf HaChaim ibid, 40. 50. It is preferable to distance ourselves from the risk of eating a full shiur of food, even at the expense of transgressing this Rabbinic prohibition. (Sefer HaChinuch 313, cited in Kaf HaChaim, ibid). 51. See above footnote 32. Shiurin shel Torah: Shiurei Mitzvos 23 writes in the name of the Chazon Ish that for the average person 40 cc of liquid is less than a maleh lugmav. Today small cups are available, which contain approximately this measure. These can conveniently be used to give drinks to sick people who must drink in small increments. It is advisable to consult an expert when any doubt arises. 52. Shulchan Aruch ibid: 7, Mishna Berura s.k. 21; Kaf HaChaim 45. 53. Magen Avraham 618 s.k. 10; Mishna Berura s.k. 29; Kaf HaChaim ibid, 60. R’ Akiva Eiger (gloss on Shulchan Aruch, ibid) rules that when Yom Kippur falls out on Shabbos, a sick person must make kiddush before eating. However, the Mateh Ephraim and Mishna Berura imply that he should not make kiddush (Kaf HaChaim ibid: 60). The Eleph HaMagen (ibid:18) writes that even when Yom Kippur falls out on Shabbos, one should not make kiddush. How could he invent a nusach of kiddush, including mention of Yom Kippur, that our Sages never instituted? If he wishes, he may contemplate an appropriate version of kiddush in his mind, but he should not speak it aloud. The Chasam Sofer (gloss on Shulchan Aruch O.C. 271) writes that according to Rashi, kiddush on Yom Kippur is a Torah obligation, just like on Shabbos. Therefore, according to the opinion that “mitzvos require intent,” even a healthy person must intend to fulfill the mitzva of kiddush when davening Maariv on Yom Kippur, whether or not Yom Kippur falls out on Shabbos. (According to Torah law, one fulfills the obligation of kiddush by just making mention of Shabbos or Yom Tov, even without a cup of wine). 92 / Meoros Halacha

Berachos before and after eating

Before a sick person eats or drinks on Yom Kippur, he must recite a beracha. Food on Yom Kippur is not considered to be a ‘forbidden food’ over which no beracha is recited. Since he eats in order to preserve his life, it is permitted to eat, and it is even a mitzva to do so.54 Similarly, if he eats or drinks a sufﬁcient amount, he must recite a beracha acharona.55

Additions to Birkas HaMazon

If a person eats bread on Yom Kippur he must recite Birkas HaMazon. He must also include the addition of ya’aleh v’yavoh as he would on any other Yom Tov, with the insertion of “on this Yom Kippur,” since it was permitted for him to eat.56 When Yom Kippur falls out on Shabbos, retzei must also be added.57 Some opinions hold that ya’aleh v’yavoh and retzei need not be added to Birkas HaMazon on Yom Kippur.58 They understood that these additions are only inserted when there is a mitzva to eat due to the holiness of the day.59 Since these additions do not entail adding new berachos, but are only additional petitions inserted within the berachos of Birkas HaMazon, there is no question of beracha l’vatala even according to the opinions that do not require them to be said. Therefore, one may say them.60

54. Shulchan Aruch 204:9, Mishna Berura s.k. 46, 47. Even though a sick person is forced to eat against his will, and would have preferred to have been able to fast, nevertheless since he is sick and eats in order to aid his recovery, he beneﬁts from the food and must recite a beracha (Mishna Berura s.k. 48). However, if he eats a food that is disgusting, since he derives no pleasure from its taste, he does not recite a beracha (ibid). If a sick person pauses kdei achilas pras between servings, he need not recite a new beracha with each serving, as long as he did not divert his attention from eating, and did not change his location. (Daas Torah: Maharsham; Teshuvos Maharsham VI, 38) 55. Shulchan Aruch 618:10; 204:9 Mishna Berura s.k. 46. 56. Shulchan Aruch 618:10, Mishna Berura s.k. 29; Kaf HaChaim ibid, 62. However, if he forgot to insert ya’aleh v’yavoh or retzei, and remembered only after he ﬁnished the third beracha, he need not repeat Birkas HaMazon, since this is not a day on which one is required to have a bread meal- ibid. However, if he did not yet begin the fourth beracha, some authorities hold that he should recite, “Blessed is He Who gave holy days to Israel, and this day of Yom Kippur,” but should not conclude the beracha with Hashem’s Name. Others hold that the Sages did not institute a beracha to compensate for the forgotten ya’aleh v’yavoh on Yom Kippur. Therefore, if one did not recite ya’aleh v’yavoh in its place, he need neither return to recite it, nor insert a compensatory beracha. The Mishna Berura leans toward this opinion (188 s.k. 19). 57. Mishna Berura 618 s.k. 29. 58. Mishna Berura, ibid. The Kaf HaChaim (ibid, 62) also cites this opinion, but rules in accordance with the Shulchan Aruch that ya’aleh v’yavoh and retzei are added. If one forgot to insert them, he need not repeat Birkas HaMazon (ibid). 59. In this case it is not the holiness of the day that requires the sick person to eat, but the mitzva to preserve his life. (Aruch HaShulchan ibid, 17) 60. Shaar HaTzion, ibid s.k. 21. Tractate Yoma / 93

Categories of Sick People

דדףף פפבב / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

Trusting a doctor’s opinion

If a doctor advises that fasting will cause a risk to the life of a sick person, his opinion is accepted and the sick person must eat. Even a gentile doctor is trusted.61 However, the Poskim write that in our own times, it is unclear whether we may rely on gentile doctors, since we see that they are quick to be lenient with even the lightest illness, and claim that it would cause a risk of life if the patient would fast. Even secular Jewish doctors who do not fast on Yom Kippur perhaps should not be trusted. The matter must be left in the hands of a competent halachic authority, to determine the expertise and credibility of the doctor, and the severity of the illness.62

Expert doctors

If a doctor is respected in a certain place as an expert authority, his opinion is accepted to feed a sick person on Yom Kippur, even if there are other doctors more proﬁcient than him.63 If a doctor admits that he does not recognize this illness, then his opinion is no better than that of any other person. This holds true whether he instructs the sick person to fast or instructs him to eat.64

61. Shulchan Aruch 618:1; 328:10, Mishna Berura s.k. 25. Issur V’heter (59:7) writes that we trust the opinions of local, gentile doctors who commonly treat all the sick people of the city, and are considered experts in treating life-threatening illnesses, as cited in Kaf HaChaim (328:48). The Kaf HaChaim adds that a gentile doctor is trusted to say that a certain illness is life-threatening, even if the Gemara discusses the same illness and implies that it is not life-threatening. As we see, the principles of health and medicine change with the times. 62. Biur Halacha 618: ibid, s.v. Choleh, citing Acharonim; Kaf HaChaim ibid, 4. If possible, it is certainly preferable to consult Torah observant doctors, see Kaf HaChaim (ibid). 63. Rambam: Hilchos Shabbos 2:1; Rabbeinu Mano’ach: Hilchos Shevisas Asor 2:8; Mishna Berura 618 s.k. 1. Rabbeinu Mano’ach makes a parallel that just as we trust the Rabbinic authorities that are accepted in a given time and place, without comparing them to previous Rabbonim who were more knowledgeable, as the possuk states, “You shall come to the judge that will be in those days,” so too we must rely on the prevalent medical authorities, without making comparisons to other doctors who might be more proﬁcient. 64. Shulchan Aruch 618:6. 94 / Meoros Halacha

דדףף פפגג / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

An amateur who recognizes the illness

The Shulchan Aruch writes: “Some hold that one need not be a medical expert in order to offer an opinion. Everyone has some degree of expertise, and safek nefashos l’hakel (in cases of uncertainty where risk of life is at stake, we are lenient with the halacha).”65 This means to say, that even one who is not a medical authority but claims that he recognizes this sickness is trusted when he claims that the patient must eat.66 Since this is a case where life is at stake, we rely even on an amateur opinion rather than risking the patient’s life by making him fast.67 The Poskim write that an amateur opinion is only accepted from a Jew. Since a Jew recognizes the importance of the mitzvos, and he still insists that Yom Kippur must be superseded to feed the patient, he presumably is conﬁdent of his own expertise. However, there is no reason to believe a gentile amateur, who is not assumed to have any expertise.68

A sickness that might progress into a risk of life

Even if a sick person does not currently stand in any risk to his life, if the doctor’s predict that fasting might create such a risk, he must eat on Yom Kippur. This is also considered piku’ach nefesh.69

65. Shulchan Aruch 328:10. See Biur Halacha s.v. Yeish mi she’omer, who explains that this is the opinion of the R”I, cited in the Tur. However, the Rambam implies that only an expert opinion is trusted. This is also the implication of the Ran at the end of Maseches Yoma. However, since a risk of life is at stake, the Shulchan Aruch took into consideration the opinion of the R”I, as we see in his conclusion, “safek nefashos l’hakel.” See Mishna Berura (s.k. 28) and Biur Halacha (ibid), who write in regard to performing melacha, that in such a case it is best to have a gentile perform the melacha on the sick person’s behalf, since even in a case of deﬁnite piku’ach nefesh, the Rema (ibid, 12) holds that it is always better to have a gentile perform the melacha on behalf of the sick person, if this will not cause any delay. 66. Mishna Berura ibid, s.k. 27. 67. Mishna Berura 618 s.k. 1. However, an amateur is not believed when he contradicts an expert, even if the amateur claims that the patient’s life would be in danger if he fasts (Mishna Berura 328 s.k. 27, citing Magen Avraham and Eliya Rabba; Mateh Ephraim 618:8). The Eleph L’Mateh (ibid, 6) writes that it seems that this matter should depend upon the nature of the illness. Some sicknesses are common, and most people have experience with them. Other sicknesses require the attention of an expert doctor. Even if an amateur claims to be familiar with this sickness, if it seems that he has no medical knowledge, and it is implausible that he is familiar with this sickness, his opinion is not accepted. (He is no better than a doctor who admits that he does not recognize this sickness). Some people imagine themselves to be experts, and present their opinions freely, when in truth they have no understanding of the matter, and stumble about in the proverbial darkness. Their opinions should not be accepted even during the week, and certainly not on Yom Kippur. 68. Rema 328:10, Mishna Berura s.k. 29; Mishna Berura 618 s.k. 1; Kaf HaChaim 328:56 citing Eliya Rabba, that this is the accepted opinion; Shulchan Aruch HaRav. In regard to secular Jewish doctors who do not observe the Torah, see above. 69. Shulchan Aruch 618:1, Mishna Berura s.k. 2, Biur Halacha s.v. Choleh citing the Pri Megadim and Chayei Adam; Kaf HaChaim ibid, 6. Tractate Yoma / 95

If a person is so weak that it appears to most of the people around him that fasting will endanger his life, he must be fed even if no doctors are present to give their consent, based on the principle of safek nefashos l’hakel.70

דדףף פפדד / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

If a sick person says that he does not need to eat

If a doctor instructs a sick person to eat, even though the sick person says that he does not need food, the doctor’s instructions must be heeded. Even if the sick person is himself an expert doctor, and insists that he need not eat, we still follow the opinion of the other doctor who says that he must eat. Sometimes a sick person’s reasoning is clouded by his illness, and he is so weak that he does not even realize how severe is his condition.71

If a sick person says that he must eat

If a sick person says that he must eat, meaning: he feels that if he does not eat his condition will deteriorate, or that he cannot endure the fast due to his illness, then even if a hundred doctors contradict him (and even if they say that eating will actually harm him), we still accept his judgment and feed him on Yom Kippur. “A heart knows its own bitter plight.” He knows best his own needs, and we do not suspect him of deliberately contriving excuses to eat.72 However, before we feed him, we remind him that it is Yom Kippur, in case he may have forgotten. If even after he has been reminded he still says he must eat, then we feed him.73

דדףף פפהה / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

Pregnant or nursing women

Pregnant and nursing women must fast on Yom Kippur, and complete the entire fast until the night.74 However, if there is any concern that a pregnant woman might lose her child if she fasts, a competent halachic authority should be consulted.75

70. Rema ibid, 6; Mishna Berura s.k. 16; Kaf HaChaim ibid, 32, 33. 71. Shulchan Aruch 618:1, Mishna Berura s.k. 3; Shulchan Aruch HaRav ibid, 2; Kaf HaChaim ibid, 9. 72. Ibid; Mishna Berura s.k. 4, 5; Shulchan Aruch HaRav ibid, 1. 73. Mishna Berura ibid, s.k. 5. If it is obvious from his words that he realizes that it is Yom Kippur, for example, if he says, “I cannot endure the fast due to my sickness, and I must eat,” then he should be fed immediately (Shulchan Aruch HaRav ibid, 1). 74. Shulchan Aruch 617:1. 75. The Shulchan Aruch (ibid, 2) discusses the case of a pregnant woman who smells a certain food, and has such a craving for it that her life and the life of her child would be endangered if she does not eat it. The Eleph HaMagen (ibid, 1) cites from Orchos Chaim by the Rasham in the name of Rishonim that if a doctor predicts that a pregnant woman will lose her child if she fasts on Yom Kippur, and she has already 96 / Meoros Halacha

A woman who nurses a sick child

If a woman is nursing a dangerously sick child who will not nurse from another woman, and she cannot produce enough milk if she fasts, then she must not fast on Yom Kippur. Even though she herself is healthy and can endure the fast, she must eat to protect the child’s life.76 However, if possible she should eat and drink in small increments, less than k’koseves and maleh lugmav (as discussed above).77 Similarly, she may only eat what is necessary to sustain the child, but no more. If she can produce enough milk just by drinking, she may not eat.78 In any case, a competent halachic authority should be consulted for speciﬁc guidance.

דדףף פפוו / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

A woman within three days after birth

Within three days of having given birth, a woman may not fast at all.79 A woman who miscarried past forty days from conception has the halachic status of a woman who gave birth.80A woman who begins to feel labor pains, even if she has not yet given birth, must not fast at all on Yom Kippur. This is as we ﬁnd in regard to Shabbos; melachos may be performed to protect the life of a pregnant woman as soon as her labor begins.81

If she says that she need not eat

During these three days, even if she claims that she has strength to fast, she should be fed nonetheless.82 However, in such a case she should be fed in increments smaller than lost two children by fasting, she must be fed to save the life of her child, even if the fetus is less than forty days old. She should be fed in small increments, as discussed above. The Shiltei Giborim (Yoma, ch. 8) cites the same ruling from Rishonim. 76. Teshuvos Dvar Shmuel, 107. The Chasam Sofer (Teshuvos v. VI, 23) cites this ruling, and writes that although the Dvar Shmuel brings no proof for this ruling, it is obviously correct. Just as a healthy person must violate the laws of Shabbos to save another person’s life in a case of safek piku’ach nefesh, so too a nursing woman must eat to save the baby’s life. This ruling is cited as accepted halacha in Be’er Heitev 618 s.k. 7; Biur Halacha 617 s.v. Ubaros u’manikos; Eleph HaMagen ibid, 2. 77. Shulchan Aruch 618:7,8; Kaf HaChaim 617:2. 78. See Eleph HaMagen 618:1. 79. Shulchan Aruch 617:4. 80. Biur Halacha ibid, s.v. Yoledes, citing Sdei Chemed. See Sdei Chemed Maareches Yom Kippur 3:1; Kaf HaChaim 330:2, that this applies only after forty days from conception. 81. Mishna Berura ibid, s.k. 9. The three days after birth during which a woman does not fast are calculated from the end of the delivery (Mishna Berura 330 s.k. 11). The Biur Halacha (ibid, s.v. Kol shlo- sha) writes that from the Ramabam’s commentary on the Mishna, it seems that the three days should be calculated from when she begins her labor (see Shulchan Aruch 330:3). Accordingly, if her labor lasts a day before the delivery, this day must be subtracted from the three. The Biur Halacha concludes that it is unclear which opinion should be followed in practice. 82. See Shulchan Aruch HaRav (ibid, 4) that she must be fed even against her will. Tractate Yoma / 97 k’koseves or maleh lugmav (as discussed above).83 However, if she does not say that she has strength to fast, then she should be fed normally, and need not divide her servings into small increments.84 Some stringent opinions hold that even so, she should be fed in small increments. See footnote.85

דדףף פפזז / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

From the third day after birth to the seventh

From the third day after birth to the seventh: if other women or doctors say that she can fast, but she says that she must eat, then she should be fed,86 since, “A heart knows its own bitter plight.” However, she should be fed in small increments.87

If other women or doctors do not object to her eating, and she voices no opinion, or says that she does not know if she needs to eat, she should be fed in small increments.88

After the seventh day

After the seventh day, she is considered like any other sick person whose life is not in danger. Although she may be weak, her life is no longer in danger from the birth. Therefore, even if she says that she must eat due to the pain she experienced during birth, she may not be fed, since there is no longer any danger to her life.89 However, if she says that she has taken ill and must eat, then she should be fed like any other sick person who says that he must eat,90 as discussed above. 83. Ibid, Mishna Berura s.k. 10. 84. Mishna Berura ibid; Biur Halacha 618 s.v. K’sh’maachilim. 85. Mishna Berura 617 s.k. 10; Biur Halacha ibid citing Shulchan Aruch HaRav. The Kaf HaChaim (ibid, 19) writes that the Shulchan Aruch (618:7) does not differentiate, and therefore implies that in any case a woman after birth should be fed in small increments if possible. However, the Shaar HaTzion (617 s.k. 12) accepts the first opinion, and therefore in this case she should be fed normally. 86. In such a case, she must first be reminded that it is Yom Kippur, in case she may have forgotten. If she nevertheless asks to eat, then she should be fed. We do not suspect her of contriving excuses to eat (Mishna Berura 618 s.k. 5). If it is obvious from her words that she realizes that it is Yom Kippur, and asks to eat nonetheless, then she should be fed immediately (Shulchan Aruch HaRav 618:1). 87. Shulchan Aruch 617:4, Mishna Berura s.k. 11; Kaf HaChaim ibid, 20. She should be fed in small increments only if this suffices for her. If this does not suffice, she may be fed normally as much as she needs. The Kaf HaChaim reaches this conclusion based on the halacha stated in Shulchan Aruch (618:5) that if the doctor or the patient says that small increments will not suffice, or if there is any question whether small increments will be enough to protect the patient’s life, he should be fed as much as he needs. 88. Mishna Berura 617 s.k. 11, Shaar HaTzion s.k. 16. 89. Ibid 4, Mishna Berura s.k. 12. 90. Mishna Berura ibid. Within thirty days after birth, a woman may wear shoes on Yom Kippur, just like a sick person whose life is not in danger (Shulchan Aruch 614:3), since until thirty days after birth she is sensitive to cold (Mishna Berura ibid, s.k. 10). 98 / Meoros Halacha

דדףף פפחח / אכילתאכילת חולהחולה ביוביוםם הכיפוריהכיפוריםם

Calculating the days

The Shulchan Aruch rules that these days are not counted as twenty-four hour periods, but as days of the week. Therefore, even if she gave birth just a few minutes before nightfall, the day of the birth is still considered the ﬁrst full day, and the second day begins that night.91 Others argue against this ruling, and hold that the days after birth are calculated as twenty-four hour periods. Accordingly, if less than seventy-two hours have passed since the birth, she is still considered to be within the three days.92 Similarly, when determining whether seven days have passed since birth, we count seven full twenty-four hour periods93 from the birth.94 The Poskim conclude that since this is a question of piku’ach nefesh, there is room to be lenient and measure in full twenty-four hour periods. However, in such a case it would seem that she should be fed in small increments.95

Resting rather than eating

If a sick person was told by a doctor that if he remains home on Yom Kippur then the fast will not harm him, but if he goes to shul he will need to eat, then he must stay home in order to be able to fast. Even though he will be forced to daven without a minyan, and he will not hear Torah reading, these are not sufﬁcient reasons to supersede the fast, which is a Torah obligation punishable by kareis.96

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91. Shulchan Aruch 617:4. Therefore, if she gave birth on the seventh of Tishrei, even if it was just before shekia (sunset), it counts as one day, followed by the eighth and the ninth. When Yom Kippur arrives on the tenth of the month, she has already entered the category of women during the fourth to seventh day after birth. The same method is used when calculating whether she has already left the category of women four to seven days after birth. The days are not counted as entire twenty-four hour periods, but rather the day of the birth is counted as one full day, even if she gave birth just a few moments before shekia. See Kaf HaChaim cited below in 95. 92. Mishna Berura ibid s.k. 13, Shaar HaTzion s.k. 18; Mishna Berura 330 s.k. 10 citing several Ris- honim; Kaf HaChaim ibid, 21. According to this opinion, if she gave birth on the seventh of Tishrei just before shekia, she can eat on Yom Kippur until just before shekia. The same method is used when calculating whether seven days have passed since the birth. 93. This equals one hundred and sixty eight hours. The same applies when calculating thirty days (Shaar HaTzion ibid citing Eshkol). 94. Mishna Berura and Shaar HaTzion ibid. 95. Mishna Berura 330, ibid; 617 s.k. 13 citing Yeshuos Yaakov; Shaar HaTzion s.k. 19. The Kaf HaChaim (617:22) cites his ruling from 330:21. Since many Poskim hold that the days are calculated as twenty-four hour periods, if the woman in question is weak and there is any risk to her life, there is room to be lenient and rely on these Poskim. 96. Teshuvos Chasam Sofer VI, 22.