Halakhah sur Isaïe 1:33

And this is the intention of our rabbis z”l, when they say, “All who judge a judgement truthfully, it’s as if he is a partner with God in the creation of the world,” because God created the world to continue and the wicked who steal and commit acts of violence ruin the world through their actions. And similarly we find regarding the generation of the flood that the decree of their judgement was sealed only because of theft, as it is written, (Genesis 6:11) “For the earth is filled with violence,” and it says after this, (Genesis 6:13) “I will destroy them with the earth”. What emerges is that the judge who breaks the high arms of the wicked keeps the world going and completes the will of the Creator, blessed is His name, who created it to keep going, and it is as if they become partners with the Holy One ,Blessed Be He, in the creation. Abraham our forefather didn’t know God, and He called him (Isaiah 41:8) “My beloved” because he walked in the ways of justice and guided his children, as it is written, (Genesis 18:19) “For I have known him, to the end that he may command his children and his household after him, that they may keep the way of God, to do righteousness and justice…” And Moses our teacher a”h, master of all prophets, took advice from Yitro with regards to justice, to establish judges to caution Israel and to command them through justice, and God agreed with this. And Joshua afterwards established a covenant with Israel to serve God, he left his last word as justice, as it is written, (Joshua 24:25) “On that day Joshua made a covenant for the people, and there at Shechem he reaffirmed for them laws and justice.” [This is] because justice is the foundation and the great principle in the service of God, and following [Abraham] have each and every judge judged their generation, and bring them back from their evil ways to service of God to go in the way that Abraham paved to do righteousness and justice, and through this were they [i.e. the Jewish people] were saved from their enemies until Samuel the prophet came, God-faithful, (1 Samuel 7:15-16) “who judged Israel all the days of his life. And he went on a circuit year by year to Bethel, Gilgal, and Mizpah. And he judged Israel in all these places.” And our sages tell us that the path he took one year was not the one he took the next, so that he could turn the hearts of the entire nation toward service of God, and to walk in the way of Abraham our forefather a”h, and he anointed David to be the king of Israel, and he too walked in the ways of God from all that was in front of him, as it is written,(2 Samuel 8:15) “And David did justice and righteousness. (1 Chronicles 11:8) “And Joab restored the rest of the city.” And our sages tell us that in the merit of the justice and righteousness of David, Joab restored the rest of the city, and had his child [Solomon] continue after him, the “Yedid Hashem”, who loved to go in the laws of his father David and would ask from God an understanding, listening heart to judge his people, to understand between good and bad, and it was good in God’s eyes, that which he asked regarding this. And He gave him a wise and understanding heart which has never been before, and no one has been like him since, and all of Israel was afraid of him because they saw that the wisdom of God was in his heart to do justice. And also Jehoshaphat, who took the paths of his father and raised his heart in the ways of God, was strengthened in justice, and he appointed judges in every city, and he said to the judges, “See what you do, for you are not judging for man but for God, and with you shall be justice.” Josiah as well, that Scripture testifies about him, “And no king was like him before, who returned to God with all his heart.” And also the King Messiah, who will be revealed speedily in our days, is praised by Scripture regarding justice, and it is written, (Isaiah 11:4) “And he will judge the destitute with justice, and decide with equity for the meek of the earth…” And according to the greatness of his reward will be the punishment for those who void and pervert it, as it is taught, “Destruction comes to the word based on lack of law and on the perversion of law.” And so did David say, (Psalms 119:121) “I have done justice and righteousness, leave me not to my oppressors.” This implies that without justice, he would have been left in the hands off oppressors. And Jerusalem was only destroyed, and Israel only exiled, because of the neglecting of justice, as it is written, (Isaiah 1:21) “She once was full of justice; righteousness used to dwell in her-- but now murderers.”... And God wants it more than all the sacrifices, as it is written, “Doing righteousness and justice is choicier to God than the zevach offerings.” It does not says “than sin and burnt offerings,” but rather “than zevach offerings.”

Moreover, during the time of the First Temple many people mistakenly regarded the offering of korbanot as idolatrous acts possessing magical powers, able to grant good fortune in matters such as livelihood, health, and the abolishment of evil decrees. The prophets severely condemned this misguided notion and taught that a korban in its essence, is an expression of the people’s desire to get closer to God through total devotion. That is the primary purpose of humanity in this world, as The torah states (Devarim 10:12): “What does God want of you? Only that you revere the Lord your God, follow all His ways, love Him, and serve the Lord your God with all your heart and with all your soul.” When the person who brings the offering does not demonstrate true devotion to God nor the desire to improve, not only is the offering ineffective, but it is repulsive in God’s eyes, as it is written: “‘Why do I need all your sacrifices?’ God asks. ‘I am sated with your burnt offerings of rams and the fat of fed beasts, and I have no desire for the blood of cattle, sheep, and goats. When you appear before Me, who asked you to do this, trampling My courts? Do not bring any more vain meal offerings; incense is offensive to Me…’” (Yeshayahu 1:11-13). By instituting the prayers, the Men of the Great Assembly restored the proper priorities to the worship of God, reminding us that faith, focus, and devotion are primary. These values indeed find their clear expression in the prayers, as R. Elazar said, “Prayer is greater than sacrifices” (Berakhot 32b). By emphasizing our kavana, we pray to God that He rebuild the Temple speedily in our time so that we may express our devotion to Him fully – through both prayer and sacrifice.

A kohen who has killed may not perform Birkat Kohanim, as it is written: “When you spread your hands, I will turn My eyes away from you… your hands are full of blood” (Yeshayahu 1:15; Berakhot 32b). The kohen’s job is to increase kindness and life, like Aharon, who loved and pursued peace. A kohen who has killed has damaged the core of his priesthood. Thus, a kohen who unintentionally ran someone over with his car may not perform Birkat Kohanim. The poskim disagree about whether he may repent by fasting, tzedaka, and resolving not to sin again would enable him to once again perform Birkat Kohanim. In practice, a kohen who undergoes such a terrible experience must go to his rabbi to receive personal instruction about what to do (Peninei Halakha: Prayer 20:11).

If there is only an exact minyan, in the synagogue it is prohibited for any of them to leave. Of one who leaves it is said:²⁴Isaiah 1:28. "Those who abandon God will be consumed." But, if ten will remain, the rest may leave if they have already heard Barechu, Kedushah and the Kaddishim after Aleinu. In the event that less than ten were left they may conclude the prayers, even with less than ten (provided that they are a majority of a minyan). If the chazzan had started to repeat the Shemoneh Esrei, he may complete the entire repetition of the Shemoneh Esrei and the congregation may say Kedushah, and he (the chazzan) also says: Elokeinu veilokei avoseinu barecheinu baberachah etc.²⁵These are the Kohanim blessings. However, the kohanim do not bless the congregation.²⁶Lit. “Raise up their hands”—the position of the Kohanim while blessing the congregation. Also, the Kaddish that follows the Shemoneh Esrei is not said²⁷According to Mishnah Berurah, both the half-Kaddish and the whole Kaddish are said. because these are different subjects. If they began the Torah reading with ten men and some [congregants] leave, the reading may be completed, but no additional [aliyahs] are permitted, and no one is called for maftir, but, rather, the last of the allotted olim reads the Haftarah without the berachos.

(Samekh) ‘Paved is the path of the straight’ that walk ‘in the way of charity,’ which is [what provides for] the maintenance of the world. ‘Happy is the one who reflects upon the destitute,’ and especially on the day of a joyful party and a holiday, as it is elucidated in the Zohar 2: 88b. And these are its words:
Come see that on all the other times and festivals, a man must rejoice and make the poor rejoice. And if he rejoices alone and does not give to the poor, his punishment is great, etc. About him it is written (Mal. 2:3), “And I will strew dung upon your faces, the dung of your festivals.” But if he rejoices on Shabbat – even though he does not give to the other – He does not give him a punishment like the other times and festivals, as it is written, “the dung of your festivals,” and not “the dung of your Shabbats.” And it is [also] written (Isaiah 1:14), “Your new moons and your holidays My soul does hate,” but Shabbat is not mentioned. And for this reason, it is written (Exod. 31:17), “Between Me and between the Children of Israel.” To here [are its words].
[However we need to understand] the reason that on festivals one needs to make the poor rejoice more then on Shabbat; and also what is the relevance of new moons here, such that it is written, “Your new moons and holidays My soul does hate,” whereas in the Zohar it is not mentioned that one needs to rejoice on new moons; and also that which it says, “And that is what is written, ‘Between Me and between the Children of Israel.’” It appears to me that the holy days are supernal guests, and one needs to make the guests rejoice. And this is their joy – to have the miserable poor rejoice. From this they take their portion. In order to grasp the point of the matter, I will tell you a parable about a king who visited a villager under his rulership. And [the villager] recognized him, but did not put his attention to honoring him properly. And [so] the king got angry with him. But when [the king] raised his eyes, a messenger came to him sent by another villager. [The message was], “If it would be good for the king, let him come to a party that I will make for him.” And [so] he came to the house of that man. But behold that man also did not pay attention to the king, and he also did not honor him. Then ‘the king broke out into a great anger.’ He said ‘with rage and fury,’ “[He] ‘shall be [torn by his] limbs and his home shall be a dunghill,’” as the act of this one was worse than the first man. [That is] because the king came to the first on his own, whereas this one sent for him. And the king also got angry at the messenger, as he was the [immediate] cause of his embarrassment. And behold, on Shabbat which is ‘fixed and standing’ and the [supernal] guests come on their own, He does not punish [those that do not share with the poor] much. But [this is not the case] on festivals and holidays which are [set] by Israel, like the statement of [the Sages], may their memory be blessed, “‘Which you shall proclaim them (otam)’ (Lev. 23:2) – [do not] read [‘them,’ but rather], ‘you (atem)’” (Rosh Hashanah 24a). And if one does not honor the guests then, his punishment is great. For this reason, it stated, “Your new moons and holidays My soul does hate” – since the [holidays] are [established by way] of the new moons, and He gets angry with the messenger as well. And for this reason, it said, “And that is what is written, ‘Between me and between the Children of Israel.’” [This is] since Shabbat is ‘fixed and standing,’ and we accordingly say (in the holiday prayers), “Who sanctifies the Shabbat, Israel and the [holidays]” – as Shabbat is a sign between Him and the Children of Israel, whereas the festivals are a sign between the Children of Israel and Him. And [it is also] because the Shabbat is ‘fixed and standing,’ whereas holidays are [established] by Israel. And understand [this]. And [it is] also because one needs to appear before the Lord on festivals and [holidays] – as it is stated (Deut. 16:16), “all your males shall appear” – [hence] at least at these times, he should be in the image and the likeness, the rich and the poor, together. And [he should then] not, God forbid, be like a beast.

“In that their mother has played the harlot, she that conceived them has acted shamelessly.”⁴⁴Hosea 2:7. The prophet compares Israel’s pursuit of idolatry to an adulterous woman’s pursuit of lovers. Even the most holy images engraved on the face of the people became toxic: “Your new moons and fixed seasons fill me with loathing. They have become a burden to me, and I cannot endure them.”⁴⁵Isa. 1:7. In this passage, God rejects the people’s ritual worship when their moral life is full of oppression and cruelty. When national life became defiled, the power of ethics increased,⁴⁶This statement might appear paradoxical in the context of a passage about the moral collapse of the people. The meaning appears to be that, with the decline of the national, political life of the Jewish people, there were outbursts of moral intensity, but these were unsustainable in the absence of supporting political institutions. Rav Kook may have been thinking of a phenomenon analogous to the proliferation of ascetic Jewish sects toward the end of the Second Temple period. but with the surrounding political turmoil, the result was simply inner anguish and confusion. These two elements—the people and the land, which, when healthy, had given each other so much grace and power for good—made each other sicker and more corrupt. Finally, they had to take the cruel-kind medicine, the dreadful surgical operation of separating the people from the land—“Because of our sins, we were exiled from our country and distanced from our land.”⁴⁷Taken from the musaf prayer for the new moon and festivals.

(Hay) ”Before the soul descends, it is made to swear, ‘Be righteous and do not be evil. But even if the whole world tells you that you are righteous, you should be like an evildoer in your [own] eyes.’” And this is a statement of the Talmud in Niddah 30b in the chapter [entitled] HaMapelet. And this ostensibly contradicts that which they said in Avot 2:13, “Do not be evil in front of yourself (bifnei atsmecha, which can also be understood as, in the face of your essence).” And it appears to me [that this can be explained by noting what is written] in Ps. 62:10, “Men are mere vanity; mortals, deception; placed on a scale all together, they weigh less than vanity.” And [it is written] in the Yalkut (Yalkut Shimoni on Torah 645), “The deceptions and vanities that Israel does are worthwhile – as they are men, the sons of Avraham, who was the greatest man among the giants – to be raised upon the scales, in the month of Tishrei,⁸²The month in which the High Holidays fall and which is traditionally associated with yearly judgement. the sign of which is Scales (Libra) – to be raised together above the vanity.” And this requires elucidation, as there is nothing worse than the sin of deceptions and vanities. And it appears [that it can be explained according to that] which is [found] in the Midrash (Bereishit Rabbah 48: 10):
“Let a little water be taken” (Gen. 18:4) – Rabbi Eliezer said in the name of Rabbi Simai, “The Holy One, blessed be He, said to Avraham, ‘You said “Let a little water be taken” – by your life, I will repay your children’; this is that which is written (Num. 23:17), ‘Then Israel sang, “Spring up, O well; sing to it, etc.”’⁸³Traditionally understand as a reference to a well that accompanied the Jews throughout their sojourning in the wilderness. See Rashi ad loc. ‘You said “wash your feet” – by your life, I will repay your children in the wilderness, in their settlement (in Israel) and in the future to come.’ In the wilderness, from where [do we know it]? As it is stated (Ezek. 16:9), ‘I will wash you in water.’ In their settlement, from where [do we know it]? As it is stated (Isaiah 1:16), ‘Wash yourselves, purify yourselves.’ In the future to come, from where [do we know it]? As it is stated (Isaiah 4:4), ‘When the Lord washes the, etc.’”
And ostensibly these repayments are not equal to one another. As in the wilderness, it is well stated – “I will wash you”; and also in the future to come, “When the Lord washes, etc.” – and its understanding is that the Holy One, blessed be He, Himself, washes [them]. But this is not the case in the settlement, about which it is written, “Wash yourselves.” How is this a repayment of reward, if they are washing themselves – without ‘His bounties?’ And in my humble opinion, it appears that [it can be explained according to that] which is [found] in Midrash Shir HaShirim Rabbah 1:6:3:
[“Don’t stare at me because I am swarthy” (Song 1:6)] – Rabbi Yitschak said, “[There is] a story about a townsman who had a black maidservant who went down to fill water from the spring with her companion. She said to her companion, ‘Tomorrow my master will divorce his wife and take me for a wife.’ [The companion responded] to her, ‘Why?’ ‘Because he saw that her hands were charred.’ She said to her, ‘There is no [greater] fool in the world [than you]. Let your ears hear what your mouth is saying: If you say that he wants to divorce his wife who is so beloved to him because he saw that her hands were charred for a short time, it is all the more so with you – as you are totally charred, black from your mother’s innards.’ [‘As the sun has tanned me, etc.’ (Song 1:6) ] – To what are we (i.e. Israel) similar? To the son of a king who went out to the wilderness of a city and the sun beat down upon his head and his face darkened. But when he returned to the city and washed with a little water and went to the bathhouse, he regained his beauty. And behold he is as he was, etc. But you (the other nations) are tanned from the innards of your mothers, etc. [See there.]
And with this it is understood: In the merit of Avraham, his descendants were pure and clean like him. As the father gives over to the child his appearance, his beauty, etc.⁸⁴Mishnah, Eduyot 2:9. And even if their form was damaged afterwards through sins, behold this is like the tanning of the skin, which only covers the fine appearance for a short time. But after a little washing, it returns to its fineness – to its original essence (etsem). And this was the promise of the Holy One, blessed be He, to Avraham – “Wash yourselves,” the explanation of which is that they will be able to wash and remove the dung from upon them, like that townswoman who returns to her beauty. And it appears that this is the intention of the lamenter (Lam. 4:7-8), “Her elect were purer than snow […]; their etsem ruddier than corals. Now their faces are blacker than soot.” And [this is] meaning that their essence (etsem) was beautiful and pleasant – their ‘stump is a holy seed.’ And this is [the meaning of] “their etsem ruddier than corals.” However “Now their faces are blacker than soot” – meaning their external appearance.

It is a positive commandment to give charity to poor Jewish people, as it is said "Open your hand to him."¹Deuteronomy 15:8. And it is said: "That your brother may live with you."²Leviticus 25:36. Anyone who sees a poor person seeking help and ignores him, and does not give him charity, transgresses a prohibitive commandment, as it is said: "Do not harden your heart nor shut your hand from your brother in need."³Numbers 15:7. [Giving] charity is a characteristic of the descendants of Abraham, as it is said: "For I have a special love for him because he commands his children and his household after him [to preserve the way of Hashem] doing charity and justice."⁴Genesis 18:19. And the throne of Israel will be established and the religion of truth confirmed only through charity, as it is said: "Through charity will you be reestablished."⁵Isaiah 54:14. Greater is he who performs acts of charity than [one who brings] all the sacrifices, as it is said: "Performing acts of charity and justice is more desirable to Hashem than sacrifices."⁶Proverbs 21:3. The Jewish people will be redeemed only through [the merit of] charity, as it is said: "Zion will be redeemed through justice and its captives through acts of charity."⁷Isaiah 1:27. A person never becomes poor through giving charity, nor will any evil or harm befall him because of his giving charity, as it is said: Through acts of charity, there will be peace."⁸Isaiah 32:17. Whoever is merciful with others will be treated with mercy [from Heaven], as it is said: "He [God] will show you mercy; and have compassion upon you and multiply you."⁹Deuteronomy 13:18. Anyone who is cruel, causes his lineage to be suspect.¹⁰The descendants of Abraham are known for their kindness and generosity. One who does not possess this attitude causes his lineage to be doubtful. The Holy One blessed is He, is near to the cry of the poor, as it is said: "He will hear the cry of the poor."¹¹Job 34:28. Therefore one must beware of their anguished cry, for a covenant was made with them, as it is said: "When he cries out to me I will listen, for I am compassionate."¹²Exodus 22:26. The Jerusalem Talmud says: The door that doesn't open for the poor will open for the doctor. A person should consider, that he continually requests his sustenance from the Holy One blessed is He; and just as he requests that the Holy One blessed is He, listen to his cry and prayer, so should he listen to the cry of the poor. A person should also consider that [fortune] is a wheel that revolves in the world, and in the end he or his children or his children's children might [have to] accept charity. Let no man think: "Why should I diminish my wealth by giving it to the poor?" For he should know that the money is not his, but rather [it was given to him as] a trust, with which to do the will of the One Who entrusted the funds to him. And this [charity giving] will be his real share from all his toils in this world, As it is written:¹³Isaiah 58:8. "Your acts of charity shall preceed you [into the World to Come]. Charity voids evil decrees and prolongs life.

If the chazzan started kaddish or kedusha with 10 people and a few left he can finish the kaddish and kedusha that he started as long as the majority of them remain. Rem"a: Nevertheless, it is a sin to leave. And regarding that, the verse says: "...and those who forsake the Lord shall perish" (Isaiah 1:28) [Yerushalmi]. But if there are 10 people remaining it is allowed [Mordechi in the last chapter of Tractate Megillah].

Should territorial concessions prove to be warranted and necessary they will yet be unrelated to the ultimate, divinely vouchsafed destiny of Israel. Considerations of security may mandate such concessions, but to no believing Jew will they afford occasion for rejoicing. An anecdote told of the sainted Hafez Hayyim provides a perspective which is perhaps even more valid now than at any time in the past. When news of the Balfour Declaration reached Radun, the townspeople came to the Hafez Hayyim in a state of joy and excitement. They were overjoyed that the British government had granted permission for the establishment of a Jewish homeland in Erez Yisra'el. But the Hafez Hayyim did not share their jubilation and expressed astonishment at their great joy. He said to them, "The British government is going to allow a few thousand Jews to immigrate to the Land of Israel and establish a Jewish settlement on a small tract of land. Is that enough? Have you forgotten that the Almighty long ago gave us a promise, 'u-farazta yamah va-kedmah ve-zafonah va-negbah' (Genesis 28:14). We are told that Jewish settlements are going to stretch out to the west and to the east, to the north and to the south. How can we possibly be happy and satisfied with the meager concession of the British Government? How can we be satisfied with attainment of only such a small measure of that which the Almighty justly and properly owes us? 'Ẓion be-mishpat tipadeh—Zion will be redeemed in judgment' (Isaiah 1:27). We have a claim against the Almighty. He has dispersed us in the lands of the Diaspora, but He has promised us that He will lead us out of exile. He has promised that He will lead us back to the Land of Israel and restore it to us in its entirety. Of course, we are grateful for everything which has been achieved. Every square dunam of the Land of Israel which is developed, cultivated and populated is the occasion for happiness and joy. But that is only the beginning. We are still awaiting with eager anticipation the fulfillment of the divine promise, 'Every place whereon the sole of your feet shall tread, unto you shall it be' (Deut. 11:24)."

One who wants to pray a voluntary prayer needs to know oneself to be quick and careful, and estimate in one's opinion that one will be able to concentrate in one's prayer from beginning to end. But if one is not able to concentrate well, we would consider it [like] "Why do I need all your sacrifices?" (Isaiah 1:11), and [say] would that one could concentrate on the 3 fixed prayers of a day [before trying to do something extra]!

On the three Shabbosos between the seventeenth of Tammuz and Tishah beAv, we read the "Three haftaros of retribution," which are: Divrei Yirmiyahu (The words of Jeremiah) (Jeremiah 1:1), Shim'u devar Hashem, (Hear the word of Hashem) (Jeremiah 2:4), Chazon Yeshayahu, (The vision of Isaiah) (Isaiah 1:1). Their initials form the acronym DeShaCh. If, by mistake, the reader recited on the first Shabbos the haftarah of the weekly portion, on the second Shabbos, he should read the haftarah of both Divrei Yirmiyahu and Shim'u, because they are close to each other. If Rosh Chodesh Av occurs on Shabbos, he reads the haftarah Hashamayim Kis'i (The heaven is My throne) (Isaiah 66), but in some communities, the haftarah Shim'u is read.

It is customary to perform the kapparos ritual erev Yom Kippur, early in the morning, for then God's compassion is at its height. Men take roosters and women take hens, and a pregnant woman takes a rooster and a hen. The rooster is taken in case she is carrying a male; and if the child is a girl, one hen suffices for the mother and the child.¹Others say that she should take two hens, one for herself and one should she be carrying a girl. (Mishnah Berurah 605:3 Even for other people, one kapparah is sufficient for two persons. You should select white chickens, for it is said, "Though your sins will be like scarlet they will become white as snow." (Isaiah 1:18). But when buying, you should not express preference for white fowl and pay a higher price for it, for this resembles the customs of the Amorites [superstition]. But if you happen to find a white one among the fowl you bought, you should choose [the white one.] You take the kapparah in your right hand, and recite the verses Benei Adam [children of man] etc., move it around your head, and say: Zeh chalifasi [This is instead of me] etc. three times. If you move it around someone else's head, you say Zeh chalifasecha [This is instead of you]. You should first move it around your own head and then do it for others. It is preferable that the shechitah is done also early in the morning, immediately after the kapparos ritual.²Where there are many chickens to be killed and a large number of people present, who pressure the shochet to do their chicken, it is best to do the kapparah ritual several days before Yom Kippur, rather than cause the shochet to kill the chicken improperly. He will be unable to inspect his knife properly before killing each chicken and this could cause the chicken to be treife (not kosher). It is also possible to avoid this problem by using money rather than chickens to do the kapporos ritual. (Ibid 605:2) You should not think that this kapparah ritual is an actual atonement, but you should consider that what is done to the fowl should be rightfully done to you, because of your sins. You should agonize over your sins, and the Holy One blessed is He, in His compassion, will accept your repentance. It is customary to throw the intestines, the liver and the kidneys of the kapparos, on the roof or into the courtyard, where the birds can take them, for it is appropriate to take pity on living creatures on that day, so that Heaven will take pity on us. Another reason is that birds usually steal the seeds they eat [we, therefore, throw away their digestive organs] so that we should be mindful to keep away from theft. If you cannot obtain chickens for kapparos, you can take a goose or some other living thing that is not ritually acceptable as a sacrifice on the altar in the Beis Hamikdash. Some authorities say that even fish [may be used], but not pigeons or young doves, because these were acceptable as altar sacrifices, and it would appear as if you were bringing sacrifices outside the Beis Hamikdash [which is forbidden]. Some people follow the custom of giving the kapparos chickens to the poor, but it is better to redeem the kapparos with money, and give the money to the poor.³The poor person might be humiliated by the thought that you rid yourself of your sins through this chicken and now are sending it to him. (Ibid 605:5)

From the laws of the commandment is that which they, may their memory be blessed, said (Shevuot 31a) [regarding] two litigants, whereby one was dressed in expensive clothes and the other in worn clothes, we say to the honored one, "Dress him like you, or dress like him; and afterwards, we will judge between you" - so that they be equal. And now in our time, we have not seen a court that did this. And they, may their memory be blessed, also said (Mishneh Torah, Laws of The Sanhedrin and the Penalties within their Jurisdiction 21:3) that it is a commandment to sit them equally, and not that one be above his fellow or that one be sitting and the other be standing - except for a Torah scholar and an ignoramus, about which they said that we seat the Torah scholar and say to the ignoramus, "Sit"; but if he does not sit, we are not concerned about this (Mishneh Torah, Laws of The Sanhedrin and the Penalties within their Jurisdiction 21:4). And they, may their memory be blessed, said (Mishneh Torah, Laws of The Sanhedrin and the Penalties within their Jurisdiction 21:6) that if many cases came in front of you, and among them was a case of an orphan or a widow, that it is a commandment to have them precede [the others]; as it is stated (Isaiah 1:17), "judge the orphan, dispute for the widow" - meaning to say that we were commanded to quicken their cases more than with the case of others. And so [too,] did they, may their memory be blessed, say (Ketuvot 105b) that the case of a Torah scholar precedes the case of an ignoramus, and the case of a woman precedes the case of a man - since the embarrassment of a woman is great. And all this that we said is included in "you shall judge with righteousness." And these matters, together with the rest of the details of the commandment are in scattered places in the Talmud, and many among them are in Sanhedrin and Shevuot (see Tur, Choshen Mishpat 17).

And they, may their memory be blessed, said (Ketuvot 67b) that we trick a poor person who does not want to take [charity] and we give it to him [as] a loan, and afterwards we do not ask it back from him. But we do not pay attention to a wealthy person who torments himself and who has a bad eye with his [own] money. And they, may their memory be blessed, said (Ketuvot 67b), "'Enough for his lack' (Deuteronomy 15:8) - you are commanded to fill his lack, but you are not commanded to make him wealthy." And Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Gifts to the Poor 9:3) that he never saw and never heard of a city that has ten [or more] from Israel that did not have a charity fund. And they, may their memory be blessed, said that even a poor person that sustains himself from charity is obligated to [give] charity if he finds someone [more needy] than he, who needs it. And they, may their memory be blessed, said (Mishneh Torah, Laws of Gifts to the Poor 10:2) that no man ever came to poverty because of doing too much charity (tsedekah), as it is stated (Isaiah 32:17), "And the work of righteousness (tsedekah) shall be peace." And Israel is only redeemed in the merit of charity, as it is stated (Isaiah 1:27), "Zion will be redeemed with justice (tsedekah)." [These] and the rest of its details are in [several] scattered places in the Talmud, but most of them are in Tractate Ketuvot (Chapter 6) and in Bava Batra (Chapter 1).

“The custom of “kapprot¹⁸Kapparot, כפרות, which is plural for Kapparah, meaning expiation. This is a custom where the sins of a person are symbolically transferred to a fowl. This practice is mostly done on the day before Yom Kippur and in some congregations it is also performed on the day before Rosh HaShanah or on Hoshana Rabba. During the ceremony Psalms 107;10,14,17-21 and Job 33:23-24 are recited. Following this a cock is taken for a male and a hen for a female, the fowl is swung around one’s head three times while the person says: “This is my substitute, my vicarious offering, my atonement; this cock (or hen) shall meet death, but I shall find a long and pleasent life of peace”. It is thought by some (erroneously) that the fowl assumes the punishment for sins that the person would normally receive. Often the fowl is donated to the poor minus the intestines which are given to the birds. Some people substitute the monetary value of the fowl and donate that to the poor.
The custom is not a talmudic one. It first appears in the writings of the geonim (see footnote 19) in the ninth century. The connection between a man and a cock is that both can be referred to as a gever, so a gever (man) can transfer his sins on to another gever (cock). Another reason for the use of a cock or a hen was due to the fact that after the destruction of the Temple, no animal used in the sacrificial rite could be used for a similar purpose outside the Temple. The cock and the hen had no Temple cultic connection. Caro, along with R. Solomon b. Abraham Adret and Naḥmanides opposed this custom but Isserles included it because of its practice in the Ashkenazi community where it had taken on mystic interpretations from the Kabbalists.
Editorial Staff, E. J., v. 10, pp. 756-57.
The basic Hebrew sources and comments on Kapparot are the following:
Tur, טור, (see footnote 23) 605 - There are places where it is customary to slaughter a rooster as atonement (for Kapparah). And thus it is (related) in geonic (see footnote 19) responsa: “You asked; we customarily slaughter a rooster on the Eve of Yom Kippur, and we do not know the reason for this custom. If it is an “exchange” (substitute) for a sacrifice (if it symbolizes a sacrifice), then what is the difference between a rooster and cattle or a beast, but certainly there is a problem. However, there are two reasons: (1) a rooster is found more commonly in a household than any cattle, beast, or fowl; (2) There are places of wealthy people who substitute rams; and the main horned animal (for the Yom Kippur ceremony) is analogous to the ram of our father Isaac (which was substituted for him (Isaac) as a sacrifice), therefore the matter (of using a rooster) is not established (determined).”
In addition we have heard from the early scholars that even though the price of a cattle is higher than that of a rooster, nevertheless a rooster is chosen because its designation is gever (man, rooster) as is said in (Yoma 20a): What is the meaning of Kara Gavra, R. Sila says the meaning is that the rooster crows and since its designation is gever and the exchange is of one gever (rooster) for another gever (man), therefore it (using a rooster) is effective and superior (to any other animal). And this is the custom here, the congregational reader holds the rooster and lays his hand on its head (in the manner in which a sacrifice was performed in the Temple) and then he takes it (the rooster) and lays it upon the head of the one seeking atonement and says (the verses in the Prayer Book used in this service (Oẓar ha-Tefillot, volume 2, pp. 1090-91)). “This (gever, rooster) for this (gever, man), this substitutes this, this is in exchange for this,” and he (the reader) returns it upon him once (swings it around his (the one seeking atonement’s) head one time) and says (psalms 107:10,14,17,19-21) “Such as sit in darkness and in the shadow of death, being bound in affliction and iron…He brought them out of darkness and and the shadow of death, and brake their bands in sunder…Fools because of their transgression, and because of their iniquities are afflicted… Then they cry unto the Lord in their trouble and He saves them out of their distress. He sent his word, and healed them, and delivered them from their destructions. Oh, that men would praise the Lord for His goodness, and for His wonderful works to the children of men.” “Thou shalt give life for life”, (Exodus 21:23). And he (the reader) does this according to this order three times, and after this he lays his hand on the head of the rooster in the way of the Semikhah, putting the hands on it (the animal’s head before slaughtering) and slaughter it immediately after the Semikhah, and they customarily give it (the slaughtered rooster) to the poor so there would be atonement for his own soul (for the one who gives it).
That it was customary to throw the insides of it (the rooster) on the roof in order to give them to the birds, there is some proof (indication, justification) for this from the Talmud tractate Ḥulin (95a) 110a: “Rami b. Tamri… once happened to be in Sura on the Eve of Yom Kippur. When the townspeople took all the udders (Tur: Liver and Kidneys) (of the animals) and threw them away, he immediately went and collected them and ate them”.
In the Prayer Book Oẓar ha-Tefillot, אוצר התפילות Published by Sefer, New York, 1946, page 1089, there is an extensive, detailed note with Rashi’s (description of) the custom of the Kapparot ceremony on the Eve of Yom Kippur. Rashi already described this custom meaning it was a common practice during his time.
The Kapparot ceremony is not mentioned in the Talmud, only in Rashi. It is mentioned in Maḥzor Vitry by R. Shimḥa bar Samuel, a disciple of Rashi who quotes the ceremony from the Pesikta, פסקתא, but our text of the Pesikta does not have it. The first mention of the Kapparot ceremony is by the geonic Sheshna in Sha’are Teshuvot, Responsum 299, and by Natronai Gaon in Bet Nekhot ha-Halakhot 50a. paragraphs 15 and 16.” (atonement ceremony) on the Eve of Yom Kippur” - Containing one paragraph.
The custom regarding the “kapparah” (atonement ceremony) on the Eve of Yom Kippur by slaughtering a rooster for each male and to say biblical verses over it should be stopped.
Hagah: There are some geonim¹⁹Geonim, (singular gaon) is the formal title for the heads of the academies in Sura and Pumbedita in Babylonia from around the end of the sixth century until the middle of the eleventh century. The geonim were the highest Jewish authorities. In the tenth and eleventh centuries heads of academies in Ereẓ Israel were also called geonim. The geonic period proper ended in 1040. The heads of the academies in Baghdad, Damascus, and Egypt were also called geonim and later it became a term applied as an honor to any rabbi who had great toraitic knowledge.
It cannot exactly be determined when the term gaon came into use. Prior to its use generally the term rosh yeshivah shel golah, the head of the academy of the Diaspora, was used. The heads of these academies were appointed by the exilarchs, the political leaders of the Jewish people in exile. People rose to the office of gaon often through an hierarchy of offices, thus not always did the most learned reach the position. Often the office was used for political purposes by the exilarch. An assistant to the gaon was referred to as the av bet din. The position of gaon usually fell upon an elderly man who could only serve for a rather short period of time, and therefore did not always make a great impression.
Babylonia was the center of world Jewry and the Jews looked to the geonim as a source of instruction for Jews and also as the deciders of Jewish law. The geonim formed many new halakhic decisions which evolved in the Diaspora. They formulated takkanot or ordinances which altered Jewish law according to the new situations. The geonim and their academies were supported by taxes levied against the people for this purpose.
The halakhic decision of a gaon generally had the effect of law and it was binding. Due to the new situation which the Diaspora provided many halakhic decisions of the geonim were based on minhagim, or customs, that took on the force of a law (the principle under which Isserles operated). Their responsa to halakhic questions were followed as law. The goal of the gaon in the Diaspora was mainly to interpret the Babylonian Talmud for the Babylonian Jews and to lessen their emotional attachment to Ereẓ Israel. This created much political animosity between the Jews of Babylonia and those left in Ereẓ Israel. Since the major scholars of the time where exiled to Babylonia, the center of Jewish leadership was in the hands of the gaon for a long period of time, more than four centuries.
The goanate, though, did lose its power even though some of the greatest geonim were among the later ones. From the late ninth century onward, most of the geonim did not live in the cities of the academies, Sura and Pumbedita, they lived in Baghdad along with the exilarch. Competition between the two academies and political disagreements over the appointment of geonim lessened their effectiveness as did the rise of new academies and their leaders. Scholars stopped sending them halakhic questions preferring their own ability to arrive at a decision. Jewish communities outside of Babylonia began taking on independence from the original center of the Diaspora. As the caliphate in Baghdad weakened, financial support from other Jewish communities ceased for the Babylonian academies. The gaonate ended as an institution around 1040.
The religious leaders of Baghdad and later Ereẓ Israel took on the title of gaon after the fall of the gaonate in Babylonia. The position of the gaon in Ereẓ Israel was one passed on by heredity. The geonim in Ereẓ Israel had to manage all Jewish affairs in addition to heading the academy. They ordained rabbis, appointed judges, and managed the economic affairs of the Jews. The title of gaon finally spread to Damascus and Egypt where it eventually died out in the twelfth and thirteenth centuries.
Simha Assaf and Editorial Staff, E. J., v. 7, pp. 315-24. who listed this custom (as a proper custom) and likewise many of the aḥronim listed it thusly. And likewise it is the custom in all these lands,^19aThe following is a comment to the Shulḥan Arukh, Oraḥ Ḥayyim, found in the Turei Zahav Magen David, or for short the Taz by David ben Samuel ha-Levi who lived from 1586 until 1667. David ben Samuel was born in the Ukraine. He married the daughter of Joel Sirkes, the author of Bayit Ḥadash (see footnote 20b.) in whose yeshivah he studied. The commentary Turei Zahav is found to all four parts of the Shulḥan Arukh. It is not a running commentary, but includes discussions of various points found in the Tur of Jacob Asher (see footnote 23) and in the Talmud and its commentators. The Turei Zahav is found in the inside margin of the Oraḥ Ḥayyim section of the Shulḥan Arukh opposite the commentary of Abraham Abel Gumbiner called Magen Avraham (see footnote 33), which is a running commentary but which has a closer relationship to the material found in the Tur than it does to the Shulḥan Arukh;
Shmuel Ashkenazi, E. J., v. 5, pp. 1354-55.
605:1 - “And so is the custom in all these lands”: In the Tur, טור, (see footnote 23 and the translation to this section of the Tur found in footnote 18) are written the verses that are recited and the following verse is mentioned there (in addition to the verses found in Psalms 107:10,14,17,-21), “Thou shalt give life for life” (Exodus 21:23).. and it is not to be changed because it is a custom of the pious. It is customary to take a rooster for each male, and for each female (to) take a hen, (בית יוסף בשם תשב״ץ).²⁰Beit Yosef, in the name of Tashbaẓ, בית יוסף בשם תשב״ץ.
The Beit Yosef, בית יוסף, the companion work written by Joseph Caro (1488-1575) to the Shulḥan Arukh. Caro began writing the Beit Yosef in 1522 and completed it in 1542 in Safed. It was first published in 1555. The Beit Yosef followed the format of the four Turim established by Jacob b. Asher in his book by that title. Caro included in the Beit Yosef all the halakhic material in use during his time which included the talmudic sources and also the post-talmudic scholars which he used to reach an halakhic decision. Caro linked himself to the Turim and did not repeat halakhic material already cited in the Turim. Caro employed the method of determining halakhah by following the majority decision of his “three pillars of halakhic decisions”, Alfasi, Maimonides, and Asher b. Jehiel. If there was no majority decision by these three he consulted and decided according to the majority of another five scholars, Naḥmanides, Solomon b. Abraham Adret, Nissim Gerondi, Mordecai b. Hillel, and Moses b. Jacob of Coucy. If none of these men dealt with a particular law he decided according to the opinions of the majority of “famous” scholars. Caro consulted thirty-two works in his research. In this extensive work Caro created a book of Jewish law. He wanted to create then a companion book that would truly be a code. Therefore he wrote the Shulḥan Arukh which basically listed only the decisions that Caro reached in the Beit Yosef and not all the arguments and sources. The Shulḥan Arukh merely stated what the halakhah was and how it was practiced. (For a more extensive explanation of the Beit Yosef and how it fits into the broad scope of code literature, see the introduction to this work.)
Tashbaẓ, תשב״ץ, is an abbreviation for Teshuvot Shimon ben Ẓemaḥ, which is a collection of responsa in three parts by Simeon ben Ẓemaḥ Duran who was also known as the “Rashbaẓ”, an acronym for Rabbi Shimon ben Ẓemaḥ, who lived from 1361 until 1444. The Rashbaẓ was born in Spain and later moved to North Africa and settled in Algiers where he became a dayyan, a rabbinic judge and the Chief Rabbi of Algiers in 1408. The Rashbaẓ was against formulating strict decisions, ḥumrot, which did not have talmudical basis. He argued that one could be stringent with oneself but had to be lenient with others.
In his decisions he would exhaust all existing sources and discuss all opinions. His decisions became the authoritative laws of North African Jewry. His takkanot, his changes in the law, were followed for many centuries. He was often quoted by later halakhic scholars and was well respected. His writings were extensive and they included philosophical and liturgical works as well as halakhic literature.
Hirsch Jacob Zimmels, E. J., v. 6, pp. 302-06. For a pregnant woman to take two roosters^20aThe following is a comment found in the commentary to the Shulḥan Arukh, Oraḥ Ḥayyim Magen Avraham by Abraham Abele Gumbiner (see footnote 33): 605:2 - “Two roosters”: That is to say a rooster and a hen. Even if the embryo is female, one hen is enough for a mother and for her daughter, because two persons (of the same sex) are allowed to take one Kapparah (see footnote 18), (Levush, לבוש; which is a code whose entire name is Levush Malkhut, The work presents the laws found in the Beit Yosef of Joseph Caro (see footnote 20) in an abbreviated form. The Shulḥan Arukh appeared which was basically a digest of the larger Beit Yosef, but the Levush was completed so as to include the laws observed by the Ashkenazi Jews of Behemia. Mordecai ben Abraham Jaffe (1535-1612) wrote the Levush. He was born in Prague and studied under Solomon Luria and Moses Isserles. While he was writing the Levush he learned that Isserles was attempting the same goal he was to include the Ashkenazi laws in the Shulḥan Arukh so he put aside his work. When Jaffe received the glosses of his teacher Isserles he thought it was too brief and therefore he set about completing his Levush. There are ten levushim in all, five are devoted to the Beit Yosef and the other five to other works; Ephraim Kupfer, E. J., v. 9, pp. 1263-64). And this is the custom even with two persons, and this is the implied meaning at the end of chapter 12 in (the Talmud Tractate) Menaḥot. And Ashkenazi R. Isaac (who was called Adoneinu R. Yitzḥak by the Ḥasidim, referring to Isaac Luria the Kabbalist) prescribed that she take three (chickens), (Shenei Luḥot ha-Berit, של״ה, “Two Tablets of the Covenant”; which is an extensive halakhic work including homily and Kabbalah giving directions as to how to live an ethical life. The vast work contains two parts, the Derekh Ḥayyim contains laws according to the order of the festivals in the calendar, and the Luḥot ha-Berit summarizes the 613 commandments in the order in which they appear in the Bible. The work was written by Isaiah ben Abraham ha-Levi Horowitz who lived from around 1565 until 1630. He was born in Prague but lived and studied mostly in Poland. He later moved to Ereẓ Israel and lead the Ashkenazi community in Jerusalem. He was greatly influenced by Kabbalistic works and philosophy which is evident in his writings; Haim Hillel Ben-Sasson E. J., v. 8, 990-994). for the possibility she might give birth to a male (infant). The (custom is to) chose white roosters^20bA commentary by Magen Avraham (see footnote 33): 605:3 - “White roosters”: Anyhow, one should not try to get only white (chickens), which is similar to the practice of the Amorites (meaning, idol worshippers). If there happens to be a white one available he should buy it, (Bayit Hadash, בית חדש; which is a critical and comprehensive commentary on the Arba’ah Turim of Jacob b. Asher (see footnote 23), where each law is traced to its talmudic source, and the development of the law through successive generations of interpretation is followed. The work was prompted by the over-reliance on codes, especially the Shulḥan Arukh for halakhic decisions, without using the basic sources. The work was written by Joel Sirkes who lived from 1561 until 1640. He was born in Lublin but came to be the head of the bet din, the rabbinical court, in Cracow where he also headed a yeshivah in 1619. He was an adherent of Kabbalah but he rejected kabbalistic practices when they were contrary to the halakhah; Max Jonah Routtenberg, E. J., v. 14, pp. 1619-20.). And if there is no chicken, he should buy another kind of animal, and there are those who say even fish (can be used), (Levush, לבוש, see footnote 20a.). It seems to me that one should not take a thing (an animal that was used) for the sacrificial cult like doves so that it should not appear that one sacrifices holy animals outside the Temple, see in the Tur, טור, (see footnote 23), and we find it in Shabbat 81b, in the Rashi, that it was a custom to take a pot with seeds and to swing it around one’s head on the Eve of Yom Kippur, and one says the words: “This is the exchange for me, the substitute for me, the atonement for me”, which is an abbreviation meaning, חת״ך, which is the name of an angel, (Darkei Moshe, ד״מ, see footnote 6, and Hagahot Minhagim, הגמ״נ, which are commentary notes on the Minhagim, see footnote 13).
The following is a comment found in the Turei Zahav, (see footnote 19a.): 605:2 - “And the (custom is to) chose white ones”; My father-in-law (meaning the Bayit Ḥadash, Joel Sirkes, see above), may his memory be blessed, wrote that this is a bit like the way of the Amorites (idol worshippers), even though this is (found in) the Maharil, מהרי״ל, (see footnote 8), it is possible that one should not ask for it intentionally, rather if (the white chicken) just happens to him thus (if he can buy a white one) he choses it, but to ask for a white chicken and to pay a higher price, this is the way of the Amerites (idol worshippers), and this (tradition) I received from my father (Samuel ha-Levi), may his memory be blessed.
I found written that one should say, “This is your exchange, your substitution, and your atonement” which is an abbreviation for חת״ך, which means God will cut (חתך) (or determine) life for every living thing. (Notice the difference between this comment and the one translated above by Magen Avraham on the same subject.)
The following is a comment by the Wilna Gaon, which supplies the sources for references made in the Shulḥan Arukh. It is found under the text of the Shulḥan Arukh under the title Beure ha-Gra, ביארי הגר״א: 605:1 - “That which they customarily do…”: Because of the way of the Amorites (idol worshippers); see in the Rashba, רשב״א, (Solomon ben Abraham Adret, see footnote 90), chapter 395. since it says “though your sins be as scarlet they shall be as white as snow,” (Isaiah 1:18). It was customary to give the atonement chickens to the poor or to redeem them^20cThe following is a comment by Magen Avraham, (see footnote 33): 605:4 - “Or to redeem (replace) them (the chickens) (with charity money…”: This is better so as not to embarrass the poor (Shenai Luḥot ha-Berit, של״ה, see footnote 20a., and Maharil, מהרי״ל, see footnote 8), (with the money they can buy their own food which is less embarrassing than accepting a chicken). (replace them) with charity money which is given to the poor (for sustenance), (מהרי״ל).²¹Maharil, מהרי״ל, Jacob ben Moses Moellin; see footnote 8. There are places where it is customary to visit the graves and to increase (the giving of) charity which is all a beautiful custom. It is necessary to slaughter the atonement chickens immediately after completing the ceremony and laying one’s hands^21aThe following is a comment by Turei Zahav, (see footnote 19a.): 605:3 - “And one lays his hands (on it, the chicken)…”: Even though this thing (this practice) appears in the Tur, טור, (see the translation of this section in footnote 18 and see footnote 23) in the name of the geonim (see footnote 19), it is very perplexing in my eyes since this appears as sacrificing animals and slaughtering them outside of the Temple. And even though the rooster is not proper as a sacrifice, since we found that it is a forbidden practice in chapter 469 (of the Shulḥan Arukh, Oraḥ Ḥayyim) concerning the matter of such meat for the Passover for which the Maharil, מהרי״ל, (see footnote 8) forbid even a rooster, and how much the more so here, where one does it explicitly as a sacrificial matter, that this fear is present (this consideration that it might be prohibited is present). This being so it is better to prevent this matter, (following the dictum to sit and not do it is better. (This expression, ושב ואל תעשה, is found in Erubim 100a: if by performing a mitzvah you might transgress a law, you should not do it. In a case of doubt do not do such a thing.) And so it seems to me in my humble opinion. on it like (it was done with) the Sacrifice²²The “laying of the hands” of the priest onto the animal that was sacrificed was part of the rite which transformed the animal from a mere profane animal into a holy sacrifice to God. Sacrifice from the biblical through the temple Period in Jerusalem was the way in which man communicated with God. Extensive rituals and practices developed around the sacrifice which was performed by the special priestly class, the cohanim. The main thrust behind a sacrifice was the fact that man was surrendering to God a living thing of some value to man. This brought out vividly the fact that all things man has on earth are given by God and ultimately God has complete control over man and all He has given to man. Special concern was placed on the blood of an animal sacrifice for dam, דם, blood, was the symbol of life. “For the life of the flesh is in the blood; and I have given it for your souls; for it is the blood that makes atonement, by reason of the life (that is in it)”, (Leviticus 17:11). The people were therefore forbidden to eat the blood of an animal since it belonged to God. The offering to God of a sacrifice had to be an animal which was owned by the person offering it and the animal had to be domesticated and proper for food. In other words, it had to have some worth. Work animals were excluded from this. An animal had to be at least eight days old and totally without blemishes, (Leviticus 22:17-25).
A very large portion of the Bible, especially the Pentateuch, is concerned with the extensive ritual, ceremony, and material that went into a sacrifice. Also different types of sacrifices were outlined for different purposes. The following are separate types of sacrifices present in the Bible: Propitiatory, both Sin and Guilt Offerings, Dedicatory, Burnt, Meal, Libation, Fellowship, Peace and Thanksgiving, Wave, Votive, Freewill, and Ordination Offerings.
During the period of the First and Second Temple, elaborate sacrificial services took place twice daily, Shaḥrit, Morning and Minḥah, Afternoon, along with special sacrifices for Sabbaths, festivals, and special circumstances.
Yom Kippur, being the holiest day of the year had associated with it a special and unique sacrificial atonement ritual. The Avodah, עבודה, which means literally “service” was the name applied to the ritual, during the Temple period, which was the central part of the Musaf, מוסף, additional, sacrifice on the Day of Atonement. With the Avodah, which is a poetical recounting of the Temple ritual, became the central part of the Musaf liturgy (see footnote 166) for the Day of Atonement. The ritual itself was based on the sixteenth chapter of Leviticus where the special sacrifical ritual for atonement is described. After the detailing of the ritual is completed, the Bible established that the tenth day of the seventh month (the tenth of Tishrei which today is considered the first month) would be set aside as a special Sabbath for the purpose of atonement, (Leviticus 16:29-31). The extensive details associated with the sacrifice on the Day of Atonement are described in the Talmud in tractate Yoma.
It was on Yom Kippur, and only on Yom Kippur, that the high priest would enter the very center of the Temple, the Holy of Holies. He had to make special preparations for this ritual. One week prior to the Day of Atonement, the high priest would begin living in a special apartment in the Temple court where he studied with the scholarly elders all the special laws of Yom Kippur. Another priest would also stand-by and study in case something happened to the high priest. The day prior to Yom Kippur the high priest would enter the Temple and perform all the minute details involved in a sacrifice along with the other priests who were used to sacrificing. The high priest rarely performed the regular daily sacrifices, he only functioned on special occasions. On the Day of Atonement, the high priest himself would perform all the sacred and sacrificial duties.
After proper cleansing for the Musaf, or Avodah Service the high priest would first sacrifice a bull as his own personal sin offering after which he would confess and purify the sins of his own family, those of the priests (the tribe of Aaron), and finally those of the whole congregation of Israel, (Leviticus 16:6). The high priest, in the Holy of Holies, would carefully sprinkle and dispose of the animal’s blood as was prescribed. It was at this time, and only at this time, that he would utter the holy name of God, the Tetragrammaton, יהוה, and when he uttered this the people outside would prostrate themselves and respond, “Blessed be His Name whose glorious kingdom is forever ever and ever.” This was repeated ten times according to the Babylonian Talmud, (Yoma 2:2) and thirteen times according to the Jerusalem Talmud (Yoma 3:7).
The high priest then drew lots, one marked for “Azazel” and the other marked as a “sin offering for the Lord”. Depending upon the drawing of the lots, two he-goats had different parts to play in the remaining ritual. The goat marked “for Azazel” would be lead out of the Temple into the wilderness called Azazel. This he-goat symbolically carried the sins of Israel away and was lost over a cliff in the wilderness along with Israel’s sins. A red ribbon which had been tied to the goat was brought back to the people to display to them that the goat had been lost in Azazel. The he-goat marked as a “sin offering for the Lord” was offered as such. This was followed by a special incense-offering and a prayer for good weather, prosperity, and the sovereignty of Judah, whereupon the high priest would come out from the Holy of Holies marking the end to the Avodah ritual.
The Avodah liturgy expanded in its development from simply a description of the Temple service and the reading of Mishna Yoma, chapters 1-7 to an elaborate service rich with special liturgical poems, piyyutim (see footnote 149), most of them acrostics, their beginning word following the alphabet. Different Jewish communities developed separate rites. Most rites contain a brief synopsis of the history of Israel and the purity of its early generations culminating in a description of the Temple ritual on the Day of Atonement and the Holy of Holies. Some communities and rites even still call for a prostration on the floor of the synagogue during the Avodah Service as was done at the Temple upon the prononciation of the Tetragrammaton.
Piyyutim also close the Avodah Service expressing the misfortune of Israel who, because of her sins, is deprived of the Temple and its sacrificial cult and must suffer persecution and exile. The piyyutim call for the reestablishment of the Temple, which is followed by the seliḥot (see footnote 14) prayers (penitential prayers of forgiveness) of the Musaf Service.
Anson Rainey, E. J., v. 14, pp. 599-602; Hanoch Avenary, E. J., v. 3, pp. 976-80.; and they (it is customary) throw their intestines on the roofs or in a courtyard, a place from where fowls are able to take (the intestines of the slaughtered chickens), (טור).²³Tur, טור, is the singular for the word Turim or the Arba’ah Turim, the four columns, the major halakhic work of Jacob ben Asher who lived from around 1270 until 1340. He was the son of a famous halakhic authority, Asher b. Jehiel, known as the “Rosh”. Jacob ben Asher studied under his father and moved with him from Germany to Toledo in 1303. His work on the Turim was the result of the fact that in his time there was no one halakhic work free from controversy. Different opinions were present and there were no clear and authoritative halakhic decisions. Jacob ben Asher wanted to compose a work which would include all the laws and customs which applied in his day. He divided his work into four sections or turim, “rows”. Part one was called Oraḥ Ḥayyim. It contains 697 chapters on the laws of blessings, prayers, Sabbaths, festivals, and fasts. The second part was called Yoreh De’ah. It contains 403 chapters on the laws of ritual, Issur ve-Hetter (that which was forbidden and that which was permitted), and laws of mourning, idolatry, and usury. Part three, Even ha-Ezer, has 178 chapters on the laws affecting women; marriage, divorce, wedding contracts (Ketubbah), and childless widowhood (ḥaliẓah). The fourth part, Ḥoshen Mishpat, contains 427 chapters on civil law and personal relations.
Jacob ben Asher used the Talmud and its commentaries as well as the opinions of other authorities before him. He usually decided according to the opinion of Maimonides and his father, Asher b. Jehiel. He did though differ with Maimonides on questions of faith and belief.
The Turim was first published in 1475 and it became a widely accepted halakhic code. Joseph Caro used it and its organization as the basis for the Beit Yosef and the Shulḥan Arukh. (For a treatment of the Arba’ah Turim in relation to other code literature, see the introduction to this thesis.)
Ephraim Kupfer, E. J., v. 9, pp. 1214-16.

The entire congregation (every Jewish member of the community) receives forty lashes⁵³Malkut Arba'im, מלקות ארבעים, forty lashes, the maximum biblical punishment for a transgression; see footnote 31.
The following comment is offered by Magen Avraham, (see footnote 33.): 607:8 - "Lashes": Not exactly forty (lashes) but rather thirty-nine. after the Minḥah Prayer, for because of it he will take to heart to turn away (and repent) from his transgressions.
Hagah: It was customary that the one being flogged say the confessions, vidduim⁵⁴Vidduim, וידוים, the plural of viddui, confession of sins; see footnote 39., at the time that he was flogged, and that the flogger say, “And He (God) pities and will atone sins…” (Psalms 78:38), three times which equals thirty-nine words corresponding to the thirty-nine lashes⁵⁵Thirty-nine lashes, a biblical means of punishment for certain sins or a transgressions; see footnote 31., (this is a custom). And it is customary to whip with a little strap because this (flogging) is merely a remembrance to the genuine flogging. One should take a strap of calfskin, corresponding to the Biblical verse, “the ox knows his owner and the ass his master’s crib,” (Isaiah 1:3), (כל בו),⁵⁶Kol Bo, כל בו; see footnote 34. The one who is flogged shall not stand nor shall he sit, but he should be in a slanting position, (מנהגים),⁵⁷Minhagim, מנהגים; see footnote 13. with his face to the north and his rear should be to the south, (מהרי״ל).⁵⁸Maharil, מהרי״ל; see footnote 8. Yom Kippur only atones for the repenters who believe in its (Yom Kippur’s) atonement. However, one who despises it and thinks to himself, “how can this Yom Kippur help me,” Yom Kippur does not atone for him, (רמב״ם פ״ג מהלכות שגגות).⁵⁹Rambam, chapter three from "Hilkhot Shegagot" (The Laws of Transgressions committed Unintentionally), מהלכות שגגות רמב״ם פ״ג.
Rambam is an acronym for Rabbi Mosheh ben Maimon. He is also known as Maimonides. This twelfth century intellectual is one of the most famous Jewish philosophers, halakhists, and writers of all times in addition to being a famous physician. His most famous work is called the Mishneh Torah which means "The Repetition of the Law" or a second Torah. It is a code of Jewish law. Maimonides wanted to collect and organize Jewish law so it could be easily found and understood by people not as well versed as he was in the law. Maimonides' goal was to concentrate all of Jewish law from the Written Law until his time in a scientific and systematic way. His knowledge of and commentaries on halakhic material was phenomenally extensive. He wanted to subdivide and classify all of Jewish law according to subject matter which had not been done since the Mishna of Judah ha-Nasi. He divided his work into fourteen books (the letters, י״ד, equal fourteen and therefore the alternate name for his work is ha-Yad ha-Hazakah, "The Strong Hand"). Each book has eighty-three further divisions called halakhot, the construct form being hilkhot (the reference made by Isserles in this footnote is to one of these divisions called Hilkhot Shegagot), these parts were further divided into one thousand chapters, perakim, made up of some fifteen thousand paragraphs, each called a halakhah. Maimonides gave a single halakhic rule in his work in clear, legal Hebrew without stating different opinions or the sources for his decisions except when they originated in the Torah. For this he is criticized. (For a further explanation of Maimonides and the Mishneh Torah as part of the whole of codification literature, see the introduction to this thesis.)
Maimonides' work as a halakhist was not limited to the Mishneh Torah, although that is his most famous legal work. He wrote commentaries to some tractates of the Talmud, and mention is also made to his commentaries on the Palestinian Talmud as well as the Mishna. His Mishneh Torah contains the whole of Jewish law, both practical and theoretical. Maimonides also wrote responsa where we learn of the life of the Jewish community in Egypt and its neighboring countries during his lifetime. There are 464 responsa of Maimonides in Hebrew and Arabic. Many of his decisions became the accepted halakhah. Another famous work of Maimonides is his Sefer ha-Mitzvot, the "Book of the Commandments". In this halakhic work Maimonides decided to arrange the traditional 613 commandments in a new way. He gave his own enumeration of the 248 positive and the 365 negative commandments. The book, originally written in Arabic and translated into Hebrew by Moses ibn Tibbon, received much criticism for the methodology employed, but it later became an accepted work. The Sefer ha-Mitzvot served as an introduction to the Mishneh Torah which he worked on for ten years. Although the Mishneh Torah is an halakhic work, and even though Maimonides' philosophic work, The Guide of the Perplexed, was written after the Mishneh Torah, the Rambam still managed to include philosophic ideas in his code. Maimonides felt that philosophy and science are handmaidens to theology. Mainmonides in the Mishneh Torah included a system of metaphysics (Book One), the astronomical calculations for the calendar (Book Three), and the doctrine of the Messiah and a refutation of Christianity, Islam and their founders (Book Fourteen).
Even though the Mishneh Torah received much criticism by the contemporary scholars of Maimonides because it was such a novel way or arranging halakhah, since it did not give all the sources, and because it was feared that students would use it and no longer study the original talmudical sources, the book became one of the most creative sources of halakhah in all Jewish literature.
Jacob I. Dienstag, E. J., v. 11, pp. 764-68.