Opinion & Comment
Two Days of Fasting: Mitzvos of Erev Yom Kippur

A Day for Eating

"And you shall afflict your nefesh on the ninth of the month" (Vayikra 23: 32). Since we fast on the tenth of the month (i.e., Yom Kippur), why does the verse mention the ninth of the month? The Torah is teaching us that anyone who eats on the ninth of Tishrei is considered as if he fasted for two consecutive days (Yoma 81b).

Why is eating on erev Yom Kippur like fasting? Kabbalistic writings explain that on erev Yom Kippur, a person should eat more than he is used to in order to have strength to observe Yom Kippur (Siddur Arizal). Since changing one's eating habits inevitably causes minor discomfort (Kesuvos 110b), the Torah views this as equivalent to the discomfort of fasting.

In deference to the tremendous holiness of the yom tov of Yom Kippur, only easily digestible foods should be consumed (Shulchan Oruch 608: 4). A meal that is too heavy can bring one to arrogance, an emotion that inhibits both teshuvoh and tefillah. Therefore, although it is a mitzvah to eat meat, one should serve chicken and not beef. Although it is a mitzvah to eat more than usual, one should be careful not to overeat (Mishnah Berurah 608: 16,18).

Some poskim say that the mitzvah to eat begins during the night of erev Yom Kippur (Mogen Avrohom 604:1 in the name of the Sheloh). Others say that the mitzvah only starts during the day (Gra). However, all opinions agree that the Torah obligates us to eat on erev Yom Kippur (Rema 604: 1).

Starting to Fast

"And you shall afflict your nefesh on the ninth of the month" (Vayikra 23: 32). Our Sages did not see fit to ignore the simple reading of this verse, and taught that a person should accept the fast of Yom Kippur upon himself while it is still day. By doing so, part of the ninth of Tishrei is transformed into a fast day (Rosh Hashanah 9a).

Since there are those who are not familiar with this halochoh, some will inevitably continue eating until the last moments before Yom Kippur. Chazal instructed us not to reprove such people unless there is a good chance that they will accept our censure. It is preferable that they should be "shogagim," unintentional transgressors, rather than "meizidim," intentional sinners. The same guidelines apply to all mitzvos that are not written explicitly in the Torah (Shulchan Oruch 608:2).

Some poskim hold that the recital of Bircas Hamozone after the last seudah before Yom Kippur is tantamount to accepting the fast upon oneself. Therefore, if a person plans to eat again, he should so stipulate before bentching. This stipulation should be done verbally, no earlier than plag haMincha, an hour-and-a-quarter before sunset (Mishnah Berurah 608: 12,14).

Beseeching Forgiveness

The halochoh stipulates that if a person has slighted his fellow but has not yet asked forgiveness, he should do so on erev Yom Kippur (Shulchan Oruch 606: 1). The Mishnah Berurah writes that in order for the pardon to be valid, one must describe the exact nature of his sin, even if this will vex the subject of his misdeed. However, he should not cause the other person embarrassment through his actions (Mishnah Berurah 606: 1,3).

Someone once came to ask forgiveness from Rav Elya Lopian, informing him that he had spoken loshon hora about him. To the surprise of the person asking, Rav Elya said that he could not forgive him and asked him to come back in a month. Thirty days later he returned, and was forgiven. Rav Lopian explained that he had learned a lot of mussar during this time, and as a result, was able to bring himself to overlook this slight.

If there is an obligation to mention the exact sin, why do many people have the custom not to mention the specific transgression? Rav Shlomo Zalman Auerbach said that a general request for forgiveness helps in the case of a minor misdeed against someone else. If a person slandered another and the person was not aware of this, it is preferable not to tell him about it. In the words of Rav Yisroel Salanter, "One has no right to distress someone else in order to gain pardon for his misdeeds." However, if someone performed a major transgression against someone else, he is obligated to mention the specific transgression when asking for forgiveness (as cited in Halichos Shlomo 3: 5-6).

If the subject of his transgression refuses to forgive him, how many times must a person go back to ask forgiveness?

He should return a second and even a third time, taking three other people with him. Each time he should try to appease the one he offended, with different supplications. After three times, he is no longer obligated to go back, but should mention his request one more time in front of ten people. There is a special stringency with regards to one's rebbe: even if the rebbe is not willing to forgive the transgressor, the latter must continue to ask for forgiveness until his rebbe pardons him (Shulchan Oruch 606: 1).

Spouses, parents, and rebbeim are involved with our lives on a daily basis. Because of the degree of this interaction, one should ask each of them for mechiloh even if he does not remember a specific transgression that he performed against them (Ben Ish Chai Vayeilech, 6).

Swinging Chickens

Some have the custom of shlugging kapporos, swinging a chicken over one's head and then slaughtering it. Our Sages describe in extensive detail the deep symbolism contained within this custom. Through the process of killing and cooking the chicken, the bird undergoes experiences similar to the four ways that beis din would inflict capital punishment (Sha'arei Tzion 605: 2). Through this act we demonstrate that we are worthy of such punishment, but if we repent, the Divine decree will be removed, and the bird's death will be considered in place of our own.

After completing kapporos, some give the chicken to the poor to eat (Rema 605: 1). Others feel that it is improper to "empty out" one's transgressions onto a chicken and then send it to someone else to eat. In order to save the needy from this shame, some redeem the bird and give the money to tzedokoh. Ma'aser money should not be used to redeem a kapporos chicken (Mishnah Berurah 605: 2,5-6).

The minhag of kapporos is the subject of heated debate among the poskim. Some say that since it is a long-standing custom it should be continued (Ramo 605: 1). Others write that it is forbidden because of darkei Emori (superstition) and should be stopped (Shulchan Oruch ibid. in the name of the Ramban.) Those who wish to follow this ruling of the Shulchan Oruch can "redeem" themselves by doing the same process with money. If there is a chance that the shechitah might not be done correctly (e.g. when it is very close to Yom Tov) using money for kapporos is definitely preferable.

While swinging the chicken (or money) over one's head, one should say, "Zeh chalifosi" this is in exchange for me, "zeh temurosi" this is in place of me, "zeh kapporosi" this is an atonement for me. Through this act of teshuvoh, we hope to evoke Hashem's mercy so that He will instruct His angel to perpetuate our existence.

The poskim extend the symbolism of the kapporos by comparing it to a sacrifice. They write that it is proper to do semichoh (rest one's hands on the head of the bird) as if one were bringing it as a korbon (Ramo 605: 1). Since chickens were not brought on the Altar, one need not worry that it looks as if he is making the bird into a korbon. Others argue that doing semichoh on the bird does make it look like a sacrifice, and one should avoid doing it (Mishnah Berurah 605: 2,3,8).

Distanced from Theft

As a final symbolic gesture, some people take the stomachs of the chickens and throw them onto the roof for other birds to eat (Tur 605). The Taz explains that this act shows our compassion for all creatures. Just as we are merciful to them, Hashem should have mercy on us and give us another year of life.

The Chayei Odom takes a different approach to the minhag of tossing the stomachs onto the roof. Birds often eat from stolen food, and the intestines are the instruments of their crime. Therefore, as we stand in judgment, we demonstrate our utter disgust for this transgression.

Similarly, since a bird's diet consists of stolen food, the Torah specifies that the organs that consumed the stolen food should be removed before the bird is sacrificed in the Beis Hamikdosh (Rif, Sukkah 30a, based on Vayikra Rabbah 3: 4.) Since a bird's innards are associated with theft, they cannot be allowed to exist even for a moment in the Beis Hamikdosh, a place of absolute truth. They were thrown onto the floor where they were miraculously absorbed into the ground (Yoma 21a, as cited in Rashi, Vayikra 1: 16).

During these days of repentance, we emphasize honesty in speech and actions. Some say dishonesty is considered one of the most serious transgressions, and whoever is dishonest is considered to have violated the entire Torah (Rabbeinu Bechaye, Kad HaKemach -- Gezel). In our Sages' words: "If a person has a large bundle of transgressions, theft testifies against him the loudest" (as cited in Mishnah Berurah 606: 1). Therefore, at the climax of our teshuvoh during the Ne'ilah prayer, when the gates of Heaven are wide open to accept our supplications, we beseech Hashem: "Distance our hands from corruption."

In the merit of celebrating the Yom Tov of erev Yom Kippur, may we be enabled to return to our Creator with true love, and to see all our transgressions turned into mitzvos.

(This article is taken from Days of Majesty -- Experiencing the Royalty of Elul, Tishrei and Shabbos, a new sefer published by Feldheim).

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