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Legal-Ease By Ari Z. Zivotofsky

WHAT’S THE TRUTH ABOUT . . . Fasting and Wearing Leather on Yom Kippur?

MISCONCEPTION: It is prohibited to dren to this innu’i from a young age completely barefoot on Yom Kippur, wear leather items, such as a leather (Yoma 78b; OC 616:1; Rambam, Hilchot and he ruled accordingly. However, the belt or yarmulke, on Yom Kippur and Shevitat Asor 3:7; Chaim Magen Avraham and Taz write that the Tishah B’Av. Kanievsky and Rabbi Shraya Duvlitzki, generally accepted custom is to permit cited in Rabbi Moshe Harari’s Mikra’ei non-leather shoes. The opinion that FACT: Only leather shoes are prohib- Kodesh, Chanukah, pp. 136-141; see the prohibits any protective footwear is ited on Yom Kippur and Tishah B’Av. dissenting opinion of Rabbi Shalom also cited by the Sha’arei Teshuvah (OC One is permitted to wear belts, Messas, ibid., p. 147).2 554: 11) and the Kaf Hachaim (OC yarmulkes, jackets, or other items Three different halachic definitions 554:72). The Sha’ar HaTziyun quotes made from leather. Some authorities of “shoes” are offered (cited by Ran in the Chatam Sofer that when walking in prohibit all “protective footwear,” even Yoma 78b) 3 with respect to this prohi- the street on Yom Kippur one should if there is no leather component. bition: The Ba’al Hama’or opines that wear thin shoes so as to feel the ground any “protective footwear,” even those and sense that he is barefoot. The BACKGROUND: A cursory search of not made of leather, are regarded as Mishnah Berurah (614:5) concludes the Web reveals that several web sites “shoes”; Rashi limits the definition to that if possible, one should follow the feature this misconception footwear made of leather or wood. 4 strict opinion in this regard and not (http://scheinerman.net/judaism/hhd/ The Rif and Rosh rule that footwear wear protective shoes. yomkippur.html, accessed May 29 2011; made of material other than leather are Contemporary authorities such as http://prime.peta.org/2008/10/yom- not considered “shoes.” These opinions Rabbi Chaim Kanievsky (Shoneh Hala- kippurs-prohibition-against-leather, are based in large part on the Talmudic chot 614:3) and Rabbi Moshe Stern- accessed May 29, 2011). In fact, there discussion (Yevamot 101-102) of how to buch (Moadim u’Zemanim 6:28), are five innuyim (self-inflicted discom- define a shoe for the purpose of chal- following the lead of the Gra (Moadim forts due to abstinence) that must be itzah and on various Talmudic stories u’Zemanim, vol. 8, addendum to 6:28),8 observed on Yom Kippur (see Vayikra involving shoes (Yevamot 102b). The recommend following the strict opin- 16:29, 31; 23:27, 29; Bamidbar 29:7) and Gemara notes that several Amoraim ion when possible. 9 Rabbi Yaakov on Tishah B’Av, as enumerated in the wore non-leather shoes on Yom Kippur Ariel, the chief rabbi of Ramat Gan, Mishnah (Yoma 73b and Taanit 30a) (Yoma 78a-b), and rules per the Mish- similarly rules that one should not and Codes (SA, OC 554, 612-615). One nah (Yevamot 101a) that cloth shoes are wear plastic shoes that resemble wood of these innuyim is ne’ilat ha’sandal— not halachically considered shoes. in their protective nature.10 He ob- the prohibition of wearing “shoes” (OC Normative halachah maintains that serves that permission to wear sneak- 554:16; 614:2).1 “shoes” refer to footwear that includes ers was due to the fact that they were Certain individuals are exempt leather, even a small amount.5 Accord- not as comfortable as leather (a factor from this prohibition, such as postpar- ingly, footwear made only of cloth (e.g., for the Rif ) and that one can sense the tum women (Mishnah Yoma 8:1), those sneakers) or any other material may be ground when wearing them (a factor who are ill or have wounds on their worn on Yom Kippur.6 But, as noted, for the Rambam). However, Rabbi feet (OC 614:3), and midwives (Ohr there is an opinion that any “protec- Ariel prohibits wearing on Yom Kippur Someach, Hilchot Shevitat Asor 3:8), tive” footwear is prohibited. According a non-leather shoe that one wears all among others (OC 614:4, based on to the Rambam (Hilchot Shevitat Asor year long, which is as comfortable and Yoma 78b). Parents should initiate chil- 3:7), innu’i implies that one must feel protective as leather shoes (as evi- the ground and sense that he is bare- denced by the fact that one chooses to Rabbi Dr. Ari Zivotofsky is on the faculty of foot.7 The Bach (OC 614) testifies that wear it regularly). He recommends the Brain Science Program at Bar-Ilan Uni- several of his teachers would walk wearing non-leather slippers, or simi- versity in .

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lar footwear, through which one feels Notes 4.Rashi elsewhere states that a the ground beneath his feet. Rabbi 1. The early authorities debate whether na’al (shoe) is “something that pro- (Halichot the innuyim other than eating and tects” (Yevamot 101a). Shlomo, Moadim, 5:17) disagrees, not- drinking are of Biblical or rabbinic ori- 5. Shulchan Aruch, OC 554:16 and ing that our custom is to permit all gin (e.g., Ran; Smag [Aseh 32]; Ram- 614:2 following the Rif, Rosh, and Tur. non-leather shoes, even if they are bam [on Mishnah; Shevitat Asor 1:4-5 Rabbi Ovadiah Yosef (Yalkut Yosef, comfortable, as today we are “istinisim” and Maggid Mishnah]; Tosafot; Tur Moadim [5748] p. 90) permits wooden (fastidious).11 [OC 611]). The Talmud (Yoma 77a) de- clogs with a leather strap. In the Torah, shoes often symbolize rives from the statement about King Although in this regard the ac- one’s material essence, his physical David in II Samuel 15:30, and the cepted halachah is that “shoe” is syn- connection to the terrestrial. In striv- meaning of yachaif in Jeremiah 2:25 onymous with “leather shoe,” that may that going barefoot is an . not be true for all halachot. For exam- ing for a purer state of spirituality on innu’i 2.Regarding these laws, Tishah ple, the SA (OC 4:18) requires one to Yom Kippur, one removes his shoes B’Av is usually similar to Yom Kippur. wash hands after removing one’s shoe, similar to Moshe’s doing so at the However, see Iggerot Moshe, YD 1:224 and Rabbi Yitzchak Nissim, a former burning bush (Shemot 3:5, see Kli that a child of chinuch age, i.e., one who Israeli chief rabbi (1896-1981; Yein Yakar), Yehoshua outside of Yericho, understands the Churban, may not Ha’tov 1:13), discusses whether wash- 12 the kohanim in the Temple, and any- wear leather shoes, but younger chil- ing is required also for merely touching one ascending Har Habayit (Mishnah dren may. The Chachmat Adam 152:17 one’s shoe and whether the halachah Berachot 9:5) today. rules that even older children who un- applies to all shoes. Clearly, there is no general prohibi- derstand the Churban may wear 6.One must be careful not to mis- tion against wearing leather on Yom leather shoes. Many though take the takenly wear sneakers with leather Kippur. The five basic prohibitions do stringent position and maintain that sides. not even specify a prohibition against even very young children shouldn’t 7. Yalkut Yosef (ibid.) permits non- wearing leather shoes. They do include wear leather shoes (Sha’ar HaTziyun leather shoes because the ground can a proscription on wearing “shoes,” 551:91). be felt through them. which according to the normative ha- 3.See also Aruch Hashulchan (OC 8. There are divergent opinions lachah is defined as leather shoes. g 614:2-4) for an overview of the opinions. with regard to the Morning Blessing Wishing our iends and W shingW shing our fou friendsrier nds and rerelativesllaaativestives arelatives prprosprosperous,osperrous,ous, happy a prosperous, and healhealthythyhappy and healthy N NewYa Year

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“She’asah li kol tzarki” as it relates to from eating and drinking (see Yoma ham, vol. 1, p. 306) states that someone thanking God for shoes (Tur, OC 46). 73b-74b; SA, OC 612). Thus, when the who is weak, such that the fast will be Many Ashkenazim have the custom to Torah (Leviticus 23:29) states: “For difficult for him if he goes to shul, is recite the berachah on Yom Kippur whatever person shall not be afflicted obligated to fast and should stay in bed (MB 554:31 and Sha’ar haTziyun on that day, he shall be cut off from his and not eat or drink even small 554:39), while many Sephardim (Kaf people” it is prescribing the punish- amounts that are less than the punish- Hachaim 554:78; 613:10; Kaf Hachaim ment of karet to one who eats or able quantities (the size of a large date Pilagi 46:17) and the Gra (Ma’aseh Rav) drinks on Yom Kippur. for food and a cheekful of liquid). In a maintain that the berachah should not Chazal explain that there are a total footnote, he cites this in the name of be said on Tishah B’av or Yom Kippur. of five innuyim, afflictions, that apply the Chatam Sofer (Shu”t 6:23), who Among those Ashkenazim who do not on Yom Kippur. In addition to abstain- notes that even a small amount of food say the berachah, many say it Motzaei ing from food and drink (which count or drink, termed chatzi shiur, is a Bibli- Yom Kippur and Motzaei Tishah B’Av as one type of affliction), one must also cal prohibition (for a healthy person). when they put on leather shoes. avoid washing, anointing, wearing Rabbi Neuwirth also quotes what he 9. See Torah Lodaas, vol. 3, pp. 50- shoes, and engaging in marital rela- heard from Rabbi Auerbach regarding 53. For those who argue that non- tions. However, these other prohibi- one who is already permitted to drink leather shoes are not halachically tions do not entail the punishment of small quantities throughout Yom Kip- considered shoes, there is the possibil- karet if they are violated, and the early pur because of illness: If remaining in ity of violating the prohibition of carry- commentators are divided as to bed will reduce the number of in- ing on . The Ramban whether they are of Biblical (e.g., Ran) stances of drinking, even by one, then it (commenting on Shabbat 66a) raises or rabbinic origin (e.g., Tosafot). is preferable to stay in bed rather than this question. The Ran (Yoma 2b, s.v. In contemporary society, Yom Kip- daven with a minyan. This was u’mihu) justifies the standard practice pur is equated in many people’s minds reprinted in the subsequently pub- of wearing non-leather shoes publicly with an all-day (or a nearly all-day) lished Halichot Shlomo (Moadim: on Yom Kippur by asserting that since synagogue service. However, it was not Tishrei-Adar, 4:6), where it is stressed they are standard attire on Yom Kip- always that way. In ancient times, the (ibid., note tet) that this is true accord- pur, they are not a “burden” and may central Yom Kippur rite was the serv- ing to all opinions because fasting is be “carried” on one’s feet. ice performed in the Temple by the the “mitzvah of the day,” and in com- 10. Shu”t B’ohala Shel Torah 2 high priest. This is described in detail parison, the mitzvah of communal (5760), 291-293. in the Torah and in even greater detail prayer is relatively insignificant. Fur- 11. He does say (ibid. 5:16) that non- in the Talmud. Indeed, the vast major- thermore, (ibid., note 23, cited from leather shoes that look like leather ity of Tractate Yoma deals not with Nishmat Avraham, vol. 5, p. 50) in prac- shoes should be avoided because of fasting or atonement, but with the tice Rabbi Auerbach instructed preg- marit ayin. Temple service. It was only post-Chur- nant women to remain at home if the 12. Kohanim not wearing shoes dur- ban that the prayer service took on effort of attending shul would cause ing Birkat Kohanim is an unrelated greater significance. them to eat or drink, or even increase matter (see Aruch Hashulchan, OC Throughout the ages and the the amount they would drink if they 128:11-12). changing methods of worship on Yom were already drinking. Kippur, the one thing that has always Rabbi Auerbach (ibid., note 24, MISCONCEPTION: It is preferable to remained constant is the Biblical in- cited from Nishmat Avraham, ibid.) ex- eat a little and then spend Yom Kippur junction “to afflict oneself” by abstain- panded this idea and stated that if car- day in shul davening rather than stay at ing from the five specific sources of ing for the children would cause a home in bed fasting.1 comfort, including the most significant, woman to eat, then her husband is ob- not eating or drinking. This hierarchy ligated to remain at home and assist FACT: Fasting is unquestionably the of priorities is reflected in an observa- with the children. He explained that preferred option. tion by Rabbi Avigdor Nebenzahl,3 for- this is because the husband shares his mer chief rabbi of the in wife’s obligations. This would appar- BACKGROUND: Fasting on Yom Kip- Jerusalem, that despite the importance ently not apply to others. Thus, if a sin- pur is a Biblical requirement, while of the final climactic prayer service of gle mother (or a woman whose praying the entire day is, at most, a Neilah, one should not exert oneself (to husband is out of town4) will have to long-standing custom, albeit one with a stand, for example) to the degree that break her fast because of the effort in- lot of significance. 2 he will then have to break the fast early, volved in caring for her children, a Yom Kippur is mentioned several or worse, have to go to the hospital. neighbor would not be obligated to times in the Torah (Leviticus 16:29, 31; There is no point in expending extra forgo shul attendance to help with the 23:27, 29, 32; Numbers 29:7) and the effort during Neilah if it undermines children so that she does not break her central theme each time is “innu’i,” af- the Biblical fast. fast (although it would probably not be fliction of one’s soul. Chazal explain Similarly, Rabbi Yehoshua prohibited for him or her to do so). that on the most fundamental level Neuwirth (Shemirat Shabbat Ke- Developments in contemporary this refers to a complete abstention hilchata 39:28, cited in Nishmat Avra- medicine give rise to a new question:

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What actually constitutes breaking a avoid having a sick person eat on Yom serves the ultimate purpose of repen- fast? Is intravenous feeding considered Kippur (Rabbi Levi Yitzchak Halperin, tance. May we all have a healthy fast breaking one’s fast? Regarding Yom Ma’aseh Choshev 3 [5757], 21, 265-274). and may our prayers be answered, Kippur, the prohibition is not one of The above pertains to a sick per- whether they are recited in the syna- eating but an obligation to afflict one- son for whom the choice is either eat- gogue or at home. g self, a condition that may be somewhat ing or using an IV, and the halachic relieved by IV feeding. Nonetheless, it preference seems to be to allow nor- Notes is nearly universally agreed that fasting mal eating and drinking. But what 1. Rabbi Yaakov Wehl, z”l, my rebbe at means avoiding taking in food and about if the choice is between staying the Hebrew Academy of Nassau drink orally (see Shu”t Chatam Sofer, in bed and fasting or going to shul but County (HANC), would regularly use OC 127; Achiezer 3:61; Chelkat Ya’akov, taking IV nourishment? It would this misconception as a springboard for OC 215; Tzitz Eliezer 10:22:21; Teshuvot seem that the halachah in such a case discussions about Yom Kippur. Vehanhagot 2:290, and Rabbi Yitzchak is to remain in bed. 2. There is no halachic authority Zilberstein, Shabbat Shabbaton, chap. None of this is meant to minimize who rules otherwise, but it is worth 96). Thus, an IV on Yom Kippur may the all-day communal prayer service in noting that it is not as simple as I have actually not violate the restrictions of shul. The praying in shul, the service in presented it. Dr. Avraham Avraham the day. If indeed artificial nourishment the Beit Hamikdash, and the fasting, all (Nishmat Avraham, vol. 4, pp. 81-83), for is less of a prohibition, should a person have one goal –to bring one closer to example, questions this halachah based who needs to eat opt instead for an IV? God and lead one to teshuvah. It is not on the ruling regarding setting sail on Most authorities say that one is not re- just about abstaining from food; it is erev Shabbat for the purpose of a mitz- quired to do so, and some actively dis- about repentance (I Samuel 7:6) and ex- vah (OC 248:1; MB, ibid:2). courage it. Some of the reasons periencing a spiritual awakening (Yoel 3. Quoted in Rabbi Moshe Harari’s advanced are: 1. It might be prohibited 2:12). This message is included in the Mikra’ei Kodesh, Hilchot Yom HaKip- to insert an IV (Iggerot Moshe, OC haftarah of Yom Kippur itself (Isaiah purim, p. 283, note 24. 4:101:3); 2. food may be healthier (Ig- 58:5-6; cf. Mishnah Ta’anit 2:1, based on 4. It is clear from Rabbi Shlomo Zal- gerot Moshe, OC 3:90, 92); 3. other as- Yonah 3:6). Thus, while the fast must be man Auerbach that if the wife cannot pects of IV may be harmful observed in all its technical details, we handle the children alone without (Maharsham 1:123); 4. There is no ha- must bear in mind that the fast is the breaking her fast, her husband should lachic obligation to search for a way to means, not the goal. It is a tool that not make plans to leave for Yom Kippur.

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