ja Fall 2011_Layout 1 8/16/11 12:51 PM Page 76 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; Rabbi 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 Israel. 76 I JEWISH ACTION Fall 5772/2011 ja Fall 2011_Layout 1 8/16/11 12:51 PM Page 77 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- Shlomo Zalman Auerbach (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 WshingWshing our friendsfou rier nds and relativesrellaaativestives arelatives prosperous,prprososperrous,ous, happy a prosperous, and healthyhealthyhappy and healthy N NewYa Year www.berkbank.comwww.berkbank.com Manhattan Manhattan Manhattan Brooklyn 4 East 39th Street 5 Broadway 210 Pinehurst Avenue 1421 Kings Highway (212) 802-1000 (212) 785-4440 (212) 568-0013 (718) 336-2776 Brooklyn Brooklyn Brooklyn Teaneck 5010 13th Avenue 4917 16th Avenue 1119 Avenue J 517 Cedar Lane (718) 437-5678 (718) 435-1284 (718) 434-3479 (201) 287-0008 wVisit wwwVisit .berkbank.com for additional branch locations Fall 5772/2011 JEWISH ACTION I 77 ja Fall 2011_Layout 1 8/16/11 12:51 PM Page 78 “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.