Halakhah su Levitico 16:78

And of these five senses, two are physical, three are spiritual. We have found them in the Holy One Blessed be He: “And the Lord saw;” “and the Lord heard;” and “the Lord smelled;”³⁷⁹Gen 5:5, Nu 11:1; Gen 8:21, respectively.but not so the other two. We were given five senses to correspond to the five books of the Torah, and to the five references to “light” in the first chapter of Genesis,³⁸⁰Gen 1:3 (2x), 4 (2x), 5. and the five names of the soul.³⁸¹According to Bereshit Rabbah 14:11, they are nefesh, ruah, neshamah, yehidah(“unity”), and hayah (“animal”). Indeed they are the body’s perfection because they are the palace of the soul, and the soul reveals its actions through them. And the natural scientists said that it was from the wisdom of the design of nature that human beings were created with five fingers on each hand to serve the five senses. Each and every finger has its own sense to serve. The biggest (the thumb) is for wiping the mouth, the index finger for the nostrils, the middle finger for the sense of touch to feel all the parts of the body because it is the longest of all (and can reach everywhere), the ring finger to wipe the eye, and the pinky, which is the smallest of all, to clean the ear. So it is from the wisdom of nature that each and every finger goes to its proper sense organ instinctively and unconsciously. About the order of the fingers our sages z”l said:³⁸²B. Ketubot 5b.”This pinky [is for…], this ring finger [is for…], this middle finger [is for…], this pointer [is for…], this thumb [is for…].” And they already explained at the beginning of tractate Ketubot that each of these five fingers had their own mitzvah: This pinky for measuring the hoshen – the High Priest’s breastplate; this ring finger for the priest’s meal-offering, this index finger [amah –‘the cubit measure’] for building and tools; this index finger [ha-‘etzba’] for sprinkling (the blood of the sin offering)– “he shall sprinkle it with his finger [be-‘etzba’o],”³⁸³Lev 16:14.and this ‘biggest’ which is the widest of all of them, namely, the thumb of Aaron’s hand for purifying someone stricken with skin rot.³⁸⁴These explanations of the purpose of each finger are not the ones the Gemara brings, but are brought by Rashi in his commentary to this passage in b. Ketubot (Chavel). So you find yourself learning that the five fingers on the human body meet the needs of both the individual and of God. And you will find among the wonders of human being’s design that the ability to feel is extended throughout the whole body, and the sense of smell is extended outside the body, and that the sense of hearing is extended even further than smell to the extent that humans need it more, and that the sense of sight is extended even further than hearing because humans need it more. So behold how great a matter this is to all who look into it, for it instructs us about the perfection of human beings with their five senses, for “these are the work of God!”³⁸⁵An allusion to Ex 32:16, referring there to the tablets of the covenant, and hence hinting at R. Bahya’s previous association of the five senses with the five books of the Torah.

These conclusions may, however, not appear relevant with regard to the prohibition against eating and drinking on Yom Kippur. That prohibition is not couched in a phrase admonishing "thou shalt not eat" but rather in the words "and you shall afflict your souls" (Leviticus 16:31). Indeed, the quantity of food that must be consumed on Yom Kippur in order to incur the biblically-prescribed punishment, viz., food equal in quantity to a dried date, is greater than the olive-size measure which is the quantity of a forbidden food that must be consumed in order to incur punishment because, even though consumption of an olive constitutes "eating," "affliction" is not mitigated by consumption of a quantity of food less than the equivalent of a dried date. It is for this reason that Sha'agat Aryeh, no. 76, declares that partaking of food on Yom Kippur in an unusual manner is biblically forbidden.²Cf., however, Rambam, Hilkhot Yesodei ha-Torah 5:8; R. Jacob Ettlinger, Binyan Ẓion, no. 35; and Teshuvot Ketav Sofer, Oraḥ Ḥayyim, no. 111. According to Sha'agat Aryeh it is negation of the "affliction" experienced in fasting, rather than "eating" per se, which constitutes the essence of the Yom Kippur prohibition. Similarly, Minḥat Hinnukh, no. 313; R. Moses Sofer, Teshuvot Hatam Sofer, Oraḥ Hayyim, no. 127, s.v. tu; and Teshuvot Ketav Sofer, Oraḥ Hayyim, no. 117, s.v. ve-aḥar, maintain that partaking of food on Yom Kippur can entail no biblical violation in the absence of "enjoyment by the intestines" (hana'at mei'av), i.e., unless hunger is at least somewhat appeased by means of digestion.³This view is, however, explicitly rejected by Teshuvot Maharsham, I, no. 124; R. Meir Simchah ha-Kohen of Dvinsk, Or Sameaḥ, Hilkhot Shevitat Asor 2:4; and R. Chaim Ozer Grodzinski, Teshuvot Aḥi‘ezer, III, no. 61. The rationale underlying the opinion of these authorities is that the essence of the Yom Kippur prohibition is the mitigation of "affliction" rather than the act of eating. Arguably, it would then follow that, according to these authorities, any form of nourishment which assuages hunger is forbidden on Yom Kippur.

According to the Meshech Chochmah, the permission to eat non-kosher foods is implicitly discouraged by the Torah, not unlike the Torah’s implicit discouragement (see Rashi to Devarim 21:11 s.v. V’lakachta) of engaging the eishet yefat to’ar described in Devarim 21:10-14. He understands the permission as a concession to the yeitzer hara (evil inclination; see Kiddushin 21b) and as something that maximum efforts should be made to avoid. The Rambam’s permission might be compared to the permission to eat on Yom Kippur granted to the one bringing the sa’ir laAzazel (see Vayikra 16:21-22) to the desert cliff. The Mishnah (Yoma 66b-67a) states that food was offered him at each of the ten stations located on the route from the Beit Hamikdash to the cliff. The Gemara (ibid.) notes that no one who walked the sa’ir hamishtalei’ach ever partook of the food on Yom Kippur but the very fact that it was permitted to us helped them because of the paradoxical principle of eino domeh mi sheyeish lo pat b’salo lemi she’ein lo pat b’salo: one who has the option to eat cannot be compared to one who does not have what to eat. When one is given the option to eat he is less desirous of the food than he would have been had it been forbidden to him. Similarly, it is possible that even the Rambam believes that the Torah permits the soldier to eat non-kosher food when behind enemy lines in order to (paradoxically) help him resist the temptation to eat non-kosher food.

Every commandment of the Law, both positive and negative, if a man transgresses one of them through error or deliberately, if he repents and returns from his sins he is enjoined to confess before God, may His name be exalted, as it is written, “When a man or woman shall commit any sin that men commit, to commit a trespass … then they shall confess their sin” (Num. 5:6). This is a verbal confession and it involves a positive commandment. In what manner does one confess? He says, “I pray, O Lord, I have sinned, I have done perversely, I have transgressed before Thee, such and such have I done, and behold I am sorry, I am ashamed of my actions and I will never return to this thing.”¹Maimonides, Hilkhoth Teshuvah, 1:1. This is the essence of the confession. And he who adds to his confession and elaborates in the matter is all the more praiseworthy.²Yoma, 84b. And so sinners and the guilty at the time that they bring sacrifices for their sins and for their errors are not forgiven until they do penance and make a verbal confession, as it is written, “And he shall confess that wherein he hath sinned” (Lev. 5:5). And so all those under sentence of death by the court and those subject to lashes, their death and flagellation does not obtain forgiveness for them unless they do penance and confess.³Sanhedrin 43b. And so he who wounds his neighbor or does damage to his neighbor even though he has paid him that which was due him is not atoned for until he confesses and returns from ever doing this again, as it is written, “Any sin that men commit” (Num. 5:6).⁴Yalkut Shimoni, ed. Horeb, Numbers, par. 701, p. 444. The goat that is to be sent away⁵Lit “The goat to be sent away.” The scapegoat used for the Yom Kippur ritual sent into the wilderness carrying the sins of the people. (See Leviticus 16:8.) atones for all transgressions in the Torah, light ones and more serious ones, both if the person transgressed in error and if he transgressed deliberately, both if it was made known to him or not made known to him, all is expiated for by the goat that is sent away and this all applies only when he does penance. But if he has not done penance the goat does not atone except for the light ones.⁶J. T. Shebuoth 1:6. And which are the light ones and which are the more serious ones? The more serious ones are those for which one is guilty of the death penalty or of excision (from Israel). A needless oath and a false oath, even though excision is not applicable, are considered among the more serious ones. And all other positive commandments and negative commandments which do not involve excision are regarded as light ones. And in our day when the Holy Temple no longer exists and we have no atonement through the altar there is nothing left but penance. Penance atones for all transgressions. Even if a man has been wicked all his days and has done penance at the end, his wickedness is not counted, as it is written, “And as for the wickedness of the wicked he shall not stumble thereby in the day thereby he turneth from his wickedness” (Ezek. 33:12).⁷Kiddushin 40b. And the gravity of the Day of Atonement atones for penitents, as it is written, “For on this day shall atonement be made for you” (Lev. 16:30).⁸Yoma 85b. Even though repentance atones and the gravity of the Day of Atonement atones, there are transgressions which obtain forgiveness only after a time.⁹Ibid., 86a. How so? A man has transgressed a positive commandment not involving excision and has done penance he does not go away from there until he is forgiven. Concerning these (such transgressors) it is said, “Return, ye backsliding children, I will heal your backslidings” (Jer. 3:22). If a man has transgressed a negative commandment which does not involve excision and capital punishment and has repented, the repentance suspends judgement and the Day of Atonement atones. Concerning this it is said, “For on this day shall atonement be made” (Lev. 16:30). If he has transgressed in a matter involving excision and capital punishment and has done penance, penance and the Day of Atonement suspend judgement and the tribulations that visit him conclude the expiation, and he never does obtain full forgiveness until tribulation comes upon him. Concerning them (such transgressors) Scripture says, “Then will I visit their transgression with the rod and their iniquity with strokes” (Ps. 89:33). When does this apply? Only when he did not profane the Name when he transgressed, for example, he committed the transgression in secret (is expiation possible), but profaning the Name publicly, even though he has done penance and the Day of Atonement has arrived and he stands yet within his penance and tribulation has visited him, not even all of these are able to cleanse his wrong so as to obtain (for him) full forgiveness, except that he die. Repentance, the Day of Atonement and tribulations, these three only suspend judgement but death cleanses and atones, as it is said, “And the Lord of hosts revealed Himself in mine ears” (Isa. 22:14).
What is complete penance? (It is illustrated by) one to whom a transgression has presented itself which he has already transgressed and he has the opportunity to do it again but has withdrawn and has not done it because of the penance and not because of fear or weakness. How so? Behold one who has cohabited illicitly with a woman and later has been left alone again with her and has had the opportunity to do it again, and he has been still steadfast in his love for her and has been able to do it, but has subdued his passion and has not transgressed, he is a complete penitent. Concerning this one Solomon said, “Remember then thy Creator in the days of thy youth” (Eccl. 12:1).¹⁰Abodah Zarah 19a. And if he has not returned except in his old age and at the time when it is no longer possible because of his failing strength, to do that which he was able to do in his youth, even though this is not the best penance it avails, and he is regarded as a penitent. And even though he has transgressed all his life and at the end, at the time of his death, he has repented and he has died penitent, all of his transgressions are forgiven him,¹¹Kiddushin 40b. as it is said, “Before the sun and the light … are darkened” (Eccl. 12:2), which is the day of death, from which we can deduce that if he remembers his Creator before death he is forgiven. And what is this repentance? That the sinner forsake his sin and remove evil thoughts from his heart, and resolve in his heart to do it (the evil) no more, as it is said, “Let the wicked forsake his way” (Isa. 55:7). Let him repent and regret his previous sins, as it is written, “Surely after that I was turned I repented” (Jer. 31:18); and let him say, “I give testimony concerning myself before Him Who knows all hidden things, that I will not return to this sin ever; as it is written, “Neither will we call anymore the work of our hands our gods” (Hos. 14:4).¹²The Zohar, ed. Soncino, V, 334, 335. And in keeping with the paths of repentance it would have been proper for him to cry continuously before God with weeping and supplications, do charity according to his ability, further himself greatly from the things wherein he sinned, change his name, that is to imply, that “I am another and not that man who did those evil things,” and he changes his actions for the good to rear himself in the upright path. He imposes exile upon himself because exile atones for transgression, it subdues him and causes him to become humble and meek. And it is most praiseworthy for the penitent to confess publicly and let his sin be known and reveal his sin that is between him and his neighbor to others, saying to them, “I have sinned against so and so and such and such have I done to him and this day I return and do penance.” And the proud who do not make known but conceal their sins, their repentance is not complete, as it is written, “He that covereth his transgression shall not prosper; but who so confesseth and forsaketh shall obtain mercy” (Prov. 28:13). In what case (who so confesseth … shall obtain mercy)? Only (in cases) concerning transgressions between man and man, but involving those between man and his Master, he does not need to publicize them. It is insolence on his part if he has revealed it to another; instead he returns to his Creator, blessed be He, and enumerates his sins before Him but confesses them before the congregation inexplicitly, (saying) “I have sinned.” It is best that he not reveal his transgressions, “Happy is he whose transgression is forgiven, whose sin is pardoned” (Ps. 32:1).¹³Rashi, Yoma 21a.

As it is required for the house of Israel to read from the scrolls, and to teach in the Torah, and to conclude with the prophets, on each day according to its subject matter — laws of Pesaḥ on Pesaḥ, laws of Shavuot on Shavuot, laws of Sukkot on Sukkot, as it is written "And Moses spoke the appointed-times of haShem to the children of Israel" (Leviticus 23:44), and it is commanded to read every matter at its time and extrapolate on the subject of the day, as taught, "Rabbi Shimon ben Elazar says:¹In our manuscripts, it says "The Rabbis taught" here. Moses ordained for Israel that they would investigate and extrapolate on the matter of the day — laws of Pesaḥ on Pesaḥ, laws of Shavuot on Shavuot, laws of Sukkot on Sukkot" (Megillah 32a:17). On Ḥanukkah we read the princes (Numbers 7). On Purim we read "And Amalek came" (Exodus 17:8—16). When Rosh Ḥodesh Adar falls on Shabbat we read the portion of the sheqalim (Exodus 30:11—16). "And Rabbi Yitzḥaq Nappaḥa said: when Rosh Ḥodesh Adar falls on Shabbat, bring three Torah scrolls, and read one for the matter of the day, and one for the new moon, and one from Ki Tissa. And Rabbi Yitzḥaq Nappaḥa said: when Rosh Ḥodesh Tevet falls on Shabbat, bring three Torah scrolls, and read one for the matter of the day, and one for Rosh Ḥodesh, and one for Ḥanukkah" (Megillah 29b:22). On Ḥanukkah and on Purim three people read, on Rosh Ḥodesh and on Ḥol ha-Moed four people read — since there is Musaf, we add [mosifin] a person. When Rosh Ḥodesh Adar falls on Shabbat, we read the portion of the sheqalim (Exodus 30:11—16). When it falls on another day of the week, we advance the reading of the portion of the sheqalim, and interrupt the special readings. On the second² Shabbat of the month we read 'Remember' (Deuteronomy 25:17—17). On the third, the red heifer (Numbers 19:1—22). On the fourth, 'This month' (Exodus 12:1—20). If it falls on the sixth, then 'This month' is on the fifth. After that they return to the regular order. And everyone interrupts the order for Rosh Hodesh, Ḥanukah, Purim, fast days, festival days, and Yom Kippur (Mishnah Megillah 3:5). On Pesaḥ they read the portion of the festivals. And a mnemonic is: "during the bull, sanctify with money, cut in the desert, send the firstborn." On Shavuot, "On the third day" (Exodus 19:1–20:23), and on the second day, "Every firstborn" (Deuteronomy 15:19—16:37). On Rosh Hashanah, "And haShem remembered Sarah" (Genesis 21:1–34) and on the second day, "And God tested Abraham" (Genesis 22:1—24). On Yom Kippur, "after the death" (Leviticus 16:1—34). On Sukkot, the offerings for Sukkot (Numbers 29:12—34). On Ḥanukkah, the princes (Numbers 7). On Purim, "And Amalek came" (Exodus 17:8—16). On Rosh Hodesh, "And on your new months" (Numbers 28:1–15). On the watches, the matter of creation (Genesis 1:1—2:3). On fast days, "And Moses petitioned" (Exodus 32:11—14, Exodus 34:1–10). On Mondays and Thursdays and on Shabbat in the afternoon they read according to the order, but they are not counted in the order. As it is said, "And Moses spoke the appointed-times of haShem to the children of Israel" (Leviticus 23:44) — it's commanded that they read each and every one at its time.

And [the garments] of the high priest are eight, and their names are like this: robe (ketonet), trousers (mikhnasayim) and sash (avnet) - like the names of the three of the regular priest - and mitsnefet (miter) was for the high priest instead of the turban of the regular priest. As this and that were [both] placed on the head, except that the the miter is made like a long type of cloth that women coil around their heads - and the high priest would coil himself with it - but the turban is made like a type of hat (that does not require coiling). Behold, [these] four of the high priest, which were only of linen, were white, six-stranded and embroidered, but their embroidery was not similar to the embroidery of the regular priest's sash. And he also had four others of gold and their names were breastplate (choshen), apron (ephod), coat (me'il) [and] headband (tsits). And he would do the external service with all of the eight, but inside - which is past the partition - he would never serve with anything but the [linen] clothes. And after he served with them for one Yom Kippur, he does not repeat to ever serve with them (Yoma 24a), as it is stated (Leviticus 16:3), "and he leaves them there." And anytime a priest - whether a regular or a high [priest] - serves with less than the clothes that are designated for that service, or more than them, his service is disqualified. And he is also liable for the death penalty by the hand of the Heavens, as our rabbis, may their memory be blessed, learned (Sanhedrin 83b, Zevachim 17b-18a) from "And you shall gird them with a sash [...] and they would have priesthood" (Exodus 29:9) - at the time when their clothes are upon them, their priesthood is upon them; when their clothes are not upon them, their priesthood is not upon them. And they are [hence] considered like a stranger (a non-priest) who transgresses, which is [punishable] by death. [These] and the rest of its details are elucidated in the second chapter of Zevachim and in places in Yoma and Sukkah (see Mishneh Torah, Laws of Vessels of the Sanctuary and Those who Serve Therein 10).

From the laws of the commandment is that which they said in a bereita in Keritot 6a that the composition of the incense was eleven spices, four of which are explicit in the Torah and seven of which are a tradition. And that which they said (Yoma 26a; Mishnah Tamid 7:3) that the incense is made either by the high priest or by a regular priest. And [that] which they said (Menachot 49a) that if he did not burn it in the morning, he burns the whole amount of the day - which is the weight of a hundred dinar - in the afternoon. And the weight of a dinar is well known. And [that] every day he would burn half of it in the morning and half of it in the evening, after the afternoon sacrifice before the arrangement of all of the lights, after the [lighting] of five of their wicks - as they were not lit consecutively (Yoma 14b). And [that] they would do this matter [as follows], the priest that merited to burn the incense takes a vessel - the name of which is a teni - heaped full of incense (Mishnah Tamid 6:3), and all of the people leave from between the sanctuary and between the chamber and the altar, as it states (Leviticus 16:17), "And no man will be in the tent of meeting, etc." And he [then] burns [it] in the way that is explained there in the Gemara (Mishnah Tamid 6:3) - that he gently throws the incense upon the coals in the gold pan, and he bows down and exits. And the rest of its details, how it is done, and that which they said during the grinding of the spices, "Crush well, well" - because our Rabbis, may their memory be blessed, said (Keritot 6a) that the voice is good for spices while they grind them - is all in Keritot and in Tamid (see Mishneh Torah, Laws of Daily Offerings and Additional Offerings 3).

That is that He commanded us that we immerse in the mikveh waters, and that we then become pure from one of the various types of impurities with which we have become impure. And that is His, may He be blessed, saying, "and he shall bathe in water" (Leviticus 15:16). And it comes in the tradition that it is water that all of one's body can enter, and that is the measurement of a mikveh - unless the waters are running waters, which have no measurement; as is explained in the analysis of this commandment. And it is among the stipulations specifically for the zav, that the waters that purify him be running - as in the Torah, it says, "living waters" (Leviticus 15:13). And the intention of the statement that immersion is a positive commandment is not that anyone impure is obligated to perforce be purified, in the same way that anyone covered by a cloak must make tzitzit, or anyone with a home must make a parapet. Rather what is intended is the law of immersion - and that is that the Torah told us that anyone who wants to be purified from his impurity will only complete it with immersion in water; and he will then be purified. And the language of the [Sifra] (Sifra, Acharei Mot, Section 5:3) is, "'And he shall bathe [...] in water' (Leviticus 16:26) - I might think that it is a decree of the King (that he must immerse). [Hence] we learn to say, 'and then he may come to the camp' - from his impurity." This hints to the principle that we have explained - that the law is only that anyone who wants to become pure do this. That is the law, and that is the commandment - and not that he be obligated perforce to immerse. Rather, anyone who wants to remain impure and not enter the camp of the Divine Presence for a certain time is allowed [to do so]. And it has already appeared in the books of truth that one who becomes impure and immerses is purified, but he does not complete his purification until the sun goes down for him. And it also appears in the accepted tradition that when he immerses, his naked flesh must be in contact with the water itself and that there not be anything separating between him and the water. Behold this commandment has been explained to you - and that is the commandment of immersion; and it includes the regulations of the mikveh, the regulations of bathing and the regulations of one who has immersed that day (before sunset). And this law is explained in Tractate Mikvaot and in Tractate Tevul Yom. (See Parashat Metzora Mishneh Torah, Immersion Pools 1-11)

And also from the matter of the commandment is that which they said (Shevuot 2a) that one who has awareness at the beginning but not at the end may not bring atonement, as they said that the goat of Yom Kippur, that is executed inside, and Yom Kippur itself, puts it into the balance until it is made known to him and he brings the sacrifice for his atonement. But one who has no awareness at the beginning, but has awareness at the end - about which we said, he does not bring a sacrifice - the goat executed outside, and Yom Kippur, atone for him. And for the one that has no awareness, not at the beginning and not at the end, the goats of the holidays, and the goats of Rosh Chodesh, atone. And for volitional impurity of the Temple and its consecrated [foods], the bull of the high priest atones - if the volitional [party] is a priest. But if he was from Israel, the blood that is executed inside and Yom Kippur atone, as it stated (Leviticus 16:16), "And atone for the Holy from the impurities of the Children of Israel." And that which they, may their memory be blessed, said (Horayot 9a), "As with these four sins, all are equal in the sacrifice - the king, the anointed priest and the commoner" - as there is no distinction among them in their sacrifice except for the commandments for which they are obligated a fixed sin offering for their inadvertent transgression, but all are equal with these that their liability is [for a sacrifice] that varies up and down. And the rest of its details are elucidated in Keritot and Shevuot.

The Ten Days of Repentance, as characterized by their name, are designated for repentance. During this time everyone is obligated to repent wholeheartedly before God, blessed is His Name, before the coming of the great and awesome day, of Yom Kippur, as it is said, "Before God you will be cleansed" (Leviticus 16:30). It is also said, "Seek God when He may be found", (Isaiah 55:6) and our Rabbis of blessed memory said, that this refers to the ten days between Rosh Hashanah and Yom Kippur. Therefore, during these days you must examine your conduct and repent of your bad deeds. Sins about which you are in doubt require greater repentance than transgressions of which you are certain, for a person is more regretful when he knows that he committed a sin, than when he is uncertain of it. Therefore, the guilt offering brought in case of doubtful sin must be of greater value than a regular sin offering. During these days You should study more Torah, perform more mitzvohs, give more charity, and spend less time on your business. It was written by Rabbi Moshe Cordovero, of blessed memory, that you should consider these days as if they were Chol Hamoed, by performing only necessary work. Above all, you must set right the wrongs you committed against your fellow man, for which there is no atonement unless you compensate him for any stolen articles or withheld funds¹It is also sufficient if you present the case in all honesty before a Rav or Posek and ask him to decide what you should do. It is, however, by no means proper for you to decide on your own, for regarding matters of money, the Yeitzer Harah (evil inclination) will help you find many loopholes. (Mishnah Berurah 606:1) in your possession, and patch things up and placate him so that he will forgive you.

To Not Skip In the Torah From One Subject to Another; And The Laws Of The Haftarah. Containing 4 Se'ifim:
We skip in the Prophets, but we do not skip in the Torah from one section to another section. And this is in regards to two subjects where we are worried that perhaps the mind of the listeners will be confused, but with one subject, for example “Acharei Mot” [Lev. 16:1] and “Akh Be-asor” [Lev. 23:27] that the High Priest reads on Yom Kippur, we skip. And this is a long as he does not read by heart, as it is forbidden to recite even one word not from writing. And in the Prophets, we skip even with two subjects. And this is if one does not delay when skipping into [another] matter so that the congregation does not [have to] stand in silence [waiting]. And this is in regards to [reading] within one [book of the] Prophets, but from one [book of the Prophets] to another [book of the Prophets], we do not skip. And within the Trei Asar (i.e. Twelve Minor Prophets), we skip from prophet to prophet, as long as one does not skip from the end of the book to its beginning.

That is that He commanded us to fast on the tenth day of Tishrei. And that is His, may He be exalted, saying, "afflict your souls" (Leviticus 16:29). And the explanation appears in the Sifra (Sifra, Acharei Mot, Chapter 7:3), "'Afflict' - affliction that destroys a soul. And what is that? [Abstention from] eating and drinking." And the tradition (Yoma 73a) likewise came [to teach] that it is forbidden for bathing, anointing, wearing shoes and sexual relations. And the resting is designated for all of these actions by His saying, "It is a Shabbat of Shabbaton, and you shall afflict your souls" (Leviticus 16:31): It is as if He said that the obligation is the specific resting from work and the specific resting from nourishment for the body and its preservation. And He hence said, "Shabbaton." And the language of the Sifra (Sifra, Acharei Mot, Chapter 8:3) is, "From where [do we know] that [...] bathing [and] anointment [...] are forbidden on Yom Kippur? [Hence] we learn to say, 'It is a Shabbat of Shabbaton.'" That is to say that the resting be from all of these things until he arrives at affliction. (See Parashat Acharei Mot; Mishneh Torah, Rest on a Holiday 1.)

That is that He commanded us to fast on the tenth day of Tishrei. And that is His, may He be exalted, saying, "afflict your souls" (Leviticus 16:29). And the explanation appears in the Sifra (Sifra, Acharei Mot, Chapter 7:3), "'Afflict' - affliction that destroys a soul. And what is that? [Abstention from] eating and drinking." And the tradition (Yoma 73a) likewise came [to teach] that it is forbidden for bathing, anointing, wearing shoes and sexual relations. And the resting is designated for all of these actions by His saying, "It is a Shabbat of Shabbaton, and you shall afflict your souls" (Leviticus 16:31): It is as if He said that the obligation is the specific resting from work and the specific resting from nourishment for the body and its preservation. And He hence said, "Shabbaton." And the language of the Sifra (Sifra, Acharei Mot, Chapter 8:3) is, "From where [do we know] that [...] bathing [and] anointment [...] are forbidden on Yom Kippur? [Hence] we learn to say, 'It is a Shabbat of Shabbaton.'" That is to say that the resting be from all of these things until he arrives at affliction. (See Parashat Acharei Mot; Mishneh Torah, Rest on a Holiday 1.)

And that is that He commanded us to rest from work and [certain] actions on Yom Kippur. And that is His, may He be exalted, saying, "It is a Shabbat of Shabbaton for you" (Leviticus 16:31). And we have already explained several times that this rest is a positive commandment. (See Parashat Emor; Mishneh Torah, Rest on a Holiday 1.)

The commandment of the sacrifice of the zav when he is healed from his discharge: That the zav offer his sacrifice after he is healed from his discharge, as it is stated (Leviticus 16:13-14), "When the zav is purified from his discharge, etc. And on the eighth day, he shall take two doves, etc." And this sacrifice is two doves or two young pigeons - one for a sin-offering and one for a burnt-offering. And he is called, 'lacking atonement,' until he offers it.

The commandment of the sacrifice of the zavah when she is healed from her discharge: That the zavah offer her sacrifice after she is healed from her discharge - and it is two doves or two young pigeons, as it is stated (Leviticus 16:28-29), "And if she is purified from her discharge, etc. And on the eighth day, she shall take two doves, etc."

That the priests not enter at any time into the Temple - and all the more so, non-priests: That the priests not enter at any time into the Temple, bur rather only at the time of the service, as it is stated (Leviticus 16:2), "and let him not come at any time." And with this, the high priest is warned not to come into the house of the holy of holies - and even on Yom Kippur - except at the time of the service. [And likewise brought into (this) warning is a common priest from entering the sanctuary all of the year except at the time of the service (according to the Venice edition)]. And the elucidation of the matter of the prevention is to say that any priest not enter into any place that is fitting, except at the time that is fitting to enter it - which is the time of service. And the language of Sifra, Achrei Mot, Section 1:8, 10 is "'And let him not come at any time' - that is Yom Kippur; 'to the holy' - to include the other days of the year. 'Within the partition' - maybe for all of the sanctuary, [the punishment is] death. [Hence] we learn to say, 'before the ark cover which is on the ark, that he not die.' Behold, how is this? 'Before the ark cover' [is punishable] by death; (if he enters) the other parts of the sanctuary, (he is only in transgression of) a warning. And in the Gemara Menachot 27b, they, may their memory be blessed, said, about the chamber that it is with forty [lashes].

The commandment of the service of Yom Kippur: That the high priest do all the procedure of Yom Kippur, with the order of the sacrifices, the confessions, the sending away of the goat and the rest of the service, as it is written in the section of the Torah - as it is stated (Leviticus 16:3), "With this shall Aharon enter the Holy, etc." until the end of the section.

From the laws of the commandment is that which they, may their memory be blessed, said (Yoma 70a) that on that day they would offer the daily morning sacrifice and the daily afternoon sacrifice according to the order of each and every day. And they would offer the additional (musaf) sacrifice of the day - a bull and a ram and seven sheep, all burnt-offerings, and a goat for a sin-offering, and it was processed outside, and eaten in the evening. And they would further offer beyond this, a young bull for a sin-offering, and it was burnt; a ram for a burnt-offering - and they were both of the high priest's; and the ram that came from that of the community that is stated in this section, and it is the ram stated in the Book of Numbers as part of the additional service, and it is called the 'ram of the people.' And they would also bring two male goats from that of the community - one they would offer as a sin-offering and it was burnt, and the second was the goat sent away (the scapegoat). All of the beasts that would be offered on the day of the fast - besides the goat sent away, which was not offered - come out to fifteen: two daily ones; a bull; two rams; seven sheep - all of them burnt-offerings; two goats for sin-offerings, one was processed outside and eaten in the evening, and the second was processed inside and burned; and also a young bull for a sin-offering. All fifteen of the beasts that were offered on this day were only [offered] by the high priest anointed by the anointing oil or who [simply] had more [officiating] garments. And if it was Shabbat, only the priest would offer the additional [offering]. And likewise the other procedures of the day, such as the incense of every day and the arrangement of the lights - all was [done] by a married high priest, as it is stated (Leviticus 16:11), "and he shall atone for himself and for his home" - [the meaning of] his home is his wife.

The commandment of confession of sin: We are commanded to confess before God our sins that we have sinned, at such time that we feel remorse for them. And this is the content of confession: to say at the time of repentance, "Please, God, I have sinned, I have transgressed, I have rebelled [in] such and such," meaning to say that he mention the sin that he did explicitly with his mouth. He should [then] seek atonement for it and extend his words in this matter according to his fluency. And they, may their memory be blessed, said that even sins that require the bringing of a sin-offering still demand confession with the offering, and about this it states (Numbers 5:6), "Speak to the children of Israel [saying], a man or woman who commits from any of the sins of man and rebels against the Lord, that soul is guilty and they shall confess the sins that they did." [The Sages] said in the Mekhilta (Sifrei Zuta on Numbers 5:6), "Since it says 'confess the sin' (Leviticus 5:5) it means that the sin must be extant, that is that the sin-offering is alive and not slaughtered." This mean that the animal to be offered must still be alive. They also said there, "We see that one must confess if he renders impure the Temple and its holy things. From where do you know to include all other commandments?" That is that this verse in Parshat Vayikra only [discusses] one who renders impure the Temple and its holy things; from where do you know to include all other commandments? "As it is written, 'Speak to the children of Israel, etc. and they should confess.'" That is, that we expound the verse as if it is not written about a specific thing. "And from where do we know that its understanding [includes sins that are punishable by] death and excision? Since it is stated about the confession of Aharon in Acharei Mot (Leviticus 16:16 'for all their sins'." [The Sages], may their memory be blessed, expounded [on this verse] to include negative commandments; and 'that they did' which is written here to include positive commandments, meaning to say that if he does not do a positive commandment that he could have done, he is obligated to confess about it. And they further expounded there in the Mekhilta, "'From any of the sins of man' - from that which is between him and his fellow, theft, robbery and evil speech." And this confession truthfully requires that he return the '[theft] that is in his hands,' as if he does not do so it would be better not to confess about it. "'To rebel' includes all those sentenced to death who must [also] confess. I might have thought to include even those convicted by false witnesses"; that is, even though he knows that he did not sin, except that false testimony was testified against him, that he be obligated to confess about this. "Hence the verse teaches, 'soul [that] is guilty' - I only said when there is guilt there, but not when he knows that he did not sin, except false testimony was testified against him. Hence we understand that [for] all iniquities, large and small - even positive commandments - a man is obligated to confess about them.

And this commandment is practiced with non-sacred animals, but not with those consecrated; by Israelite males and females, but not by priests - since it is written about them, "the statute of the priests from the people," which implies that it is not from the priests. And [this is the case] also because the priests are not called, "people"; and as it is written (Leviticus 16:33), "he shall atone for the priests, and for all the people of the congregation." And the Levites have a special law in this matter; as the priests do not take the gifts from them - since the Rabbis were in doubt if they are called "people," or not. And hence they can not take from them by force of a doubt; but if they took [the gifts], they do not return [them].

“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 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 order of confession (of sins)³⁹Viddui, ודוי, confession of sins, is a prerequisite for expiation and atonement in the Bible for sins committed individually or collectively. In the Bible there is usually a pardoning by God following the confession. Examples of this are found in the stories of Cain, (Genesis 4:13) David, (Psalms 32,41,51, and 69), Judah with Tamar (Genesis 36:26), Achan and the spoils of Jerico (Joshua 7:19-21), Saul and the Amalekite booty (I Samuel 15:24-25). There are also examples of Biblical confessions made for the nation; Moses and the golden calf worshipping (Exodus 32:31), the high priest’s confession on the Day of Atonement (Leviticus 16:6, 11, 21) and the confession of Ezra (9:6, 7, 15) and Nehemiah (1:6,7;9:2,33-35).
Prior to the destruction of the Temple confessions had to precede special sin and guilt sacrificial offerings. The person confessing had to place his hands upon the head of the animal sacrifice to transfer his sins to the animal (Leviticus 1:4). The Bible gives no wording for these confessions but there is in the Mishna the wording for the confession of the high priest on Yom Kippur: “O God, I have committed iniquity, transgressed, and sinned before Thee, I and my house. O God forgive the iniquities and transgressions and sins which I have committed and transgressed and sinned before Thee I and my house as it is written in the Law of Thy servant Moses, ‘For on this day shall atonement be made for you, to cleanse you; from all your sins shall ye be clean before the Lord’” (Leviticus 16:30; Yoma 3:8).
In rabbinic times it became an accepted custom to confess one's sins before seeking atonement and the confession of sins became an integral part of the synagogue ritual. On the Day of Atonement it became a focal point of the service. According to the Talmud (Yoma 87b) the simple statement "Truly, we have sinned" is sufficient for confession, but elaborate formulas of confession have evolved. The Ashamnu "We have incurred guilt" is the prayer on Yom Kippur that is inserted into the fourth benediction of the reader's repetition of the Amidah (see footnote 43). The prayer consists of two parts, each of which contains an alphabetical listing of sins probably committed by people during the year for which they are seeking atonement on Yom Kippur. The first alphabetical confession is known as the Viddui Katan, the "Small Confession". The second part of the Ashamnu is known as the Viddui Gadol, the "Great Confession". It is also known as the Al Ḥet "For the sin which I committed before Thee" which is the statement that precedes each specified sin. These confessionals are first mentioned in geonic liturgy (see footnote 19). Additions to the enumerated sins have evolved to include all possible transgressions since a person might have unintentionally forgotten about a sin during the year which must be confessed in order to receive atonement. The sins are all confessed in the first person plural, "we", communally, thus a person may even confess a sin he is sure he did not commit.
In addition to Yom Kippur, the Ashamnu is also recited during the Seliḥot Services prior to Yom Kippur (see footnote 14). It is also recited in the Minḥah Afternoon Service on the Eve of Yom Kippur and ten times during the Day itself.
The Ashamnu is also included in the daily service of the Ḥasidic rite, and on Monday and Thursday it is recited by the Sephardi, Italian, and Yemenite communities.
The viddui, confession of sins, can also be said by individuals silently at appropriate occasions especially when one is about to die. The viddui said on the Day of Atonement in the singular has become acceptable as a death confessional. A bridegroom also recites this viddui in the singular during the Minḥah Service before his wedding, the wedding day being considered a day of judgment for the bride and groom.
Editorial Staff, E. J., v. 5, pp. 878-80. during Minḥah⁴⁰Minḥah, מנחה, is the Afternoon Service which is one of the three daily services, the Morning Service being called the Shaḥarit (see footnote 17) and the Evening Service being called the Arvit or Ma'ariv Service (see footnote 144). The Minḥah Service possibly derives its name from the minḥah sacrificial offering performed at the Temple in Jerusalem in the afternoon. A lamb was sacrificed at the Temple at dusk. The Minḥah Service consists of the following parts: the Ashrei (Psalm 145 preceded by Psalms 84:5 and 144:15 and closed by Psalm 115:18); the Amidah (see footnote 17); the Taḥanun (see footnote 10); and it is concluded with the Aleinu (see footnote 17).
On the Sabbath and on fast days a portion of the Torah is read before the Amidah and in some rites portions dealing with daily sacrifices are read before the Ashrei. On Sabbaths part of the portion from the Torah of the coming week is read.
The Minḥah Prayer can begin any time after the sixth and one-half hour of the day, which mean any time after 12:30 P. M. If Minḥah is prayed at this time of the day it is called Minḥah Gedolah or the "major" Minḥah. If Minḥah is prayed after the nine and one-half hour, which means after 3:30 P. M., it is called Minḥah Ketannah or the "minor" Minḥah. The Minḥah Service must though be completed before the twelfth hour, that is, before sunset, (Ber. 4:1; Ber 26b-27a).
The Shulḥan Arukh, Oraḥ Ḥayyim, 324 states that one may pray both Minḥah Gedolah and Minḥah Ketannah provided that one is obligatory (ḥovah) and the other is a voluntary act (reshut). But this is only allowed for the extremely pious.
The third meal on the Sabbath, Se'udah Shelishit is usually eaten between the Minḥah, Afternoon Service, and the Ma'ariv, or Evening Service. It has become the custom during the daily service to wait and begin the Minḥah Service shortly before sunset, so that the congregation can wait a few moments and then not have to reassemble (for a third time, having also assembled in the morning for Shaḥarit) for the Evening, Ma'ariv Service which on Sabbaths and holidays can be recited immediately following the sunset. On weekdays, it can be recited even before sunset.
cf., Aaron Rothkoff, E. J., v. 12, pp. 31-32. (the Afternoon Prayer) on the Eve of Yom Kippur” - Containing six paragraphs.
One needs to confess during Minḥah (the Afternoon Prayer) before the (last) meal before fasting.⁴¹Se'udah ha-Mafseket, סעודה המפסקת, is the term given to the last meal which is eaten immediately prior to the fast of Yom Kippur and the fast of Tishah be-Av. It contains the last food which is eaten until the fast has been completed.
Hagah: If one is alone he says it (the confessional) after he finished his Silent Prayer, but the public reader⁴²Shelia'aḥ Ẓibbur, שליח צבור, is the public reader or the envoy or messenger of the community. It is the term given to an individual in public synagogue worship who officiates as the reader or the cantor, ḥazzan, the one who chants the liturgy. The main function of the sheli'aḥ ẓibbur is to lead the congregation in communal worship by chanting (or reading) aloud certain prayers or parts of them. He also recites the doxology of calling the congregation to worship (Barekhu) and he repeats the Amidah (see footnote 17 and 43). He also recites most Kaddish (see footnote 177) prayers which is a prayer in praise of God, and he leads the congregation in responsive readings and hymns. The Shulḥan Arukh, Oraḥ Ḥayyim, 53:4-9 lists the qualifications of a sheli'aḥ ẓibbur. He must have humility, be acceptable to the congregation, know the rules of prayer, and the proper pronunciation of the Hebrew text, have an agreeable voice, be properly dressed, and have a beard. The beard however was later not required except on the High Holydays. Except for the recital of hymns and psalms (e.g., pesukei de-zimra, see footnote 17) the sheli'aḥ ẓibbur had to be a male past the age of bar mitzvah, thirteen years old.
c.f., Editorial Staff, E. J., v. 14, pp. 1355-56. says his (confessional) on Yom Kippur during the Silent Prayer,⁴³Ha-Tefillah, התפילה, "The Prayer" is a synonym for the Amidah, עמידה, the Silent Prayer said standing which is recited individually during each of the daily services, the Shaḥarit, Morning Service (see footnote 17), Minḥah, Afternoon Service (see footnote 40), and the Arvit (or Ma'ariv), the Evening Service (see footnote 144). It is also recited for the Musaf, the Additional Service (see footnote 166) on the Sabbath and festivals, and on Yom Kippur for a fifth time during the Ne'ilah, the concluding prayer (see footnote 191). During a congregational prayer that is when there is a minyan, a quorum of at least ten adult males, the reader (see footnote 41) repeats the Amidah outloud and on festivals a number of additions are made. Originally the repetition was for the uneducated people who did not know the prayers. Upon hearing each blessing they could respond, "Amen" and thus fulfill their religious obligation of reciting the Amidah. The Amidah of Arvit, the Evening Service, was originally optional but it long ago became obligatory to recite it silently but it is not repeated outloud except on the Sabbath eve when an abbreviated version of it in one single benediction is recited.
The word Ha-Tefillah for this prayer originated in the Talmud where it was referred to as "The Prayer" par excellence. It is also known as the Amidah for it is said "standing" and as the Shemoneh-Esreh (18) for it originally had eighteen benedictions in the daily worship while today it contains ninteen.
The Amidah takes on various forms for different occasions. On weekdays there are ninteen benedictions, on fast days an additional benediction is added when the reader repeats the prayer, (in ancient times on some public fasts six prayers were added to the regular ones, Ta'an. 2:2-4). On Sabbaths and festivals there are only seven benedictions in the Amidah except for the Musaf Service (see footnote 166) on Rosh HaShanah where there are nine. All the various forms of the Amidah have six blessings in common, the first and last three, with the middle changing according to the occasion. The first three benedictions praise God and the last three basically express thanksgiving. On the weekdays the intermediate benedictions are petitions and the Amidah is therefore predominantly a prayer of supplication where praise, petition, and thanksgiving are included. In most of the benedictions the one praying addresses God as "Thou" for it is through the Amidah that one communicates with God. The pronoun, "we" is also used throughout the Amidah which indicates that it is to be a communal prayer. Even though at times it is said individually, the worshipper is considered a member of the congregation. On Sabbaths and on festivals the central prayer concerns the specialness of the day or one aspect of that part of the day (that is, morning, afternoon, or evening on the Sabbath), and there is no petition, only praise, the special blessing of the day, and thanksgiving.
On the Day of Atonement the central blessing called Kedushat ha-Yom, the sanctification of the day, is concluded specially as follows: "Barukh…Melekh moḥel ve-sole'aḥ le-avonoteinu…mekaddesh Yisrael ve-Yom ha-Kippurim," "Blessed…King who pardons and forgives our iniquities…who sanctifies Israel and the Day of Atonement". On Yom Kippur also the third blessing (of the first three standard blessings of praise) is elaborated to contain the prayer "u-Vekhen Ten Paḥekha", "Now therefore impose Thy awe", which is an ancient petition for the eschatological Kingdom of God. On the Day of Atonement the silent recital of the Amidah is followed by the viddui, a confession of sins (see footnote 39) which is not written as a benediction. When the reader repeats the Amidah the viddui is inserted into the fourth, the central, benediction. Two confessions are recited, one short and one long which are both arranged in alphabetical order. The sins which every person might have committed during the year are included and enumerated upon. Since this prayer is part of community worship, the pronoun "we" is used, "we have transgressed, etc." (see also footnote 17).
Joseph Heinemann, E. J., v. 2, pp. 838-45. (טור).⁴⁴Tur, טור, see footnote 23.

“The order of confession (of sins)³⁹Viddui, ודוי, confession of sins, is a prerequisite for expiation and atonement in the Bible for sins committed individually or collectively. In the Bible there is usually a pardoning by God following the confession. Examples of this are found in the stories of Cain, (Genesis 4:13) David, (Psalms 32,41,51, and 69), Judah with Tamar (Genesis 36:26), Achan and the spoils of Jerico (Joshua 7:19-21), Saul and the Amalekite booty (I Samuel 15:24-25). There are also examples of Biblical confessions made for the nation; Moses and the golden calf worshipping (Exodus 32:31), the high priest’s confession on the Day of Atonement (Leviticus 16:6, 11, 21) and the confession of Ezra (9:6, 7, 15) and Nehemiah (1:6,7;9:2,33-35).
Prior to the destruction of the Temple confessions had to precede special sin and guilt sacrificial offerings. The person confessing had to place his hands upon the head of the animal sacrifice to transfer his sins to the animal (Leviticus 1:4). The Bible gives no wording for these confessions but there is in the Mishna the wording for the confession of the high priest on Yom Kippur: “O God, I have committed iniquity, transgressed, and sinned before Thee, I and my house. O God forgive the iniquities and transgressions and sins which I have committed and transgressed and sinned before Thee I and my house as it is written in the Law of Thy servant Moses, ‘For on this day shall atonement be made for you, to cleanse you; from all your sins shall ye be clean before the Lord’” (Leviticus 16:30; Yoma 3:8).
In rabbinic times it became an accepted custom to confess one's sins before seeking atonement and the confession of sins became an integral part of the synagogue ritual. On the Day of Atonement it became a focal point of the service. According to the Talmud (Yoma 87b) the simple statement "Truly, we have sinned" is sufficient for confession, but elaborate formulas of confession have evolved. The Ashamnu "We have incurred guilt" is the prayer on Yom Kippur that is inserted into the fourth benediction of the reader's repetition of the Amidah (see footnote 43). The prayer consists of two parts, each of which contains an alphabetical listing of sins probably committed by people during the year for which they are seeking atonement on Yom Kippur. The first alphabetical confession is known as the Viddui Katan, the "Small Confession". The second part of the Ashamnu is known as the Viddui Gadol, the "Great Confession". It is also known as the Al Ḥet "For the sin which I committed before Thee" which is the statement that precedes each specified sin. These confessionals are first mentioned in geonic liturgy (see footnote 19). Additions to the enumerated sins have evolved to include all possible transgressions since a person might have unintentionally forgotten about a sin during the year which must be confessed in order to receive atonement. The sins are all confessed in the first person plural, "we", communally, thus a person may even confess a sin he is sure he did not commit.
In addition to Yom Kippur, the Ashamnu is also recited during the Seliḥot Services prior to Yom Kippur (see footnote 14). It is also recited in the Minḥah Afternoon Service on the Eve of Yom Kippur and ten times during the Day itself.
The Ashamnu is also included in the daily service of the Ḥasidic rite, and on Monday and Thursday it is recited by the Sephardi, Italian, and Yemenite communities.
The viddui, confession of sins, can also be said by individuals silently at appropriate occasions especially when one is about to die. The viddui said on the Day of Atonement in the singular has become acceptable as a death confessional. A bridegroom also recites this viddui in the singular during the Minḥah Service before his wedding, the wedding day being considered a day of judgment for the bride and groom.
Editorial Staff, E. J., v. 5, pp. 878-80. during Minḥah⁴⁰Minḥah, מנחה, is the Afternoon Service which is one of the three daily services, the Morning Service being called the Shaḥarit (see footnote 17) and the Evening Service being called the Arvit or Ma'ariv Service (see footnote 144). The Minḥah Service possibly derives its name from the minḥah sacrificial offering performed at the Temple in Jerusalem in the afternoon. A lamb was sacrificed at the Temple at dusk. The Minḥah Service consists of the following parts: the Ashrei (Psalm 145 preceded by Psalms 84:5 and 144:15 and closed by Psalm 115:18); the Amidah (see footnote 17); the Taḥanun (see footnote 10); and it is concluded with the Aleinu (see footnote 17).
On the Sabbath and on fast days a portion of the Torah is read before the Amidah and in some rites portions dealing with daily sacrifices are read before the Ashrei. On Sabbaths part of the portion from the Torah of the coming week is read.
The Minḥah Prayer can begin any time after the sixth and one-half hour of the day, which mean any time after 12:30 P. M. If Minḥah is prayed at this time of the day it is called Minḥah Gedolah or the "major" Minḥah. If Minḥah is prayed after the nine and one-half hour, which means after 3:30 P. M., it is called Minḥah Ketannah or the "minor" Minḥah. The Minḥah Service must though be completed before the twelfth hour, that is, before sunset, (Ber. 4:1; Ber 26b-27a).
The Shulḥan Arukh, Oraḥ Ḥayyim, 324 states that one may pray both Minḥah Gedolah and Minḥah Ketannah provided that one is obligatory (ḥovah) and the other is a voluntary act (reshut). But this is only allowed for the extremely pious.
The third meal on the Sabbath, Se'udah Shelishit is usually eaten between the Minḥah, Afternoon Service, and the Ma'ariv, or Evening Service. It has become the custom during the daily service to wait and begin the Minḥah Service shortly before sunset, so that the congregation can wait a few moments and then not have to reassemble (for a third time, having also assembled in the morning for Shaḥarit) for the Evening, Ma'ariv Service which on Sabbaths and holidays can be recited immediately following the sunset. On weekdays, it can be recited even before sunset.
cf., Aaron Rothkoff, E. J., v. 12, pp. 31-32. (the Afternoon Prayer) on the Eve of Yom Kippur” - Containing six paragraphs.
One needs to confess during Minḥah (the Afternoon Prayer) before the (last) meal before fasting.⁴¹Se'udah ha-Mafseket, סעודה המפסקת, is the term given to the last meal which is eaten immediately prior to the fast of Yom Kippur and the fast of Tishah be-Av. It contains the last food which is eaten until the fast has been completed.
Hagah: If one is alone he says it (the confessional) after he finished his Silent Prayer, but the public reader⁴²Shelia'aḥ Ẓibbur, שליח צבור, is the public reader or the envoy or messenger of the community. It is the term given to an individual in public synagogue worship who officiates as the reader or the cantor, ḥazzan, the one who chants the liturgy. The main function of the sheli'aḥ ẓibbur is to lead the congregation in communal worship by chanting (or reading) aloud certain prayers or parts of them. He also recites the doxology of calling the congregation to worship (Barekhu) and he repeats the Amidah (see footnote 17 and 43). He also recites most Kaddish (see footnote 177) prayers which is a prayer in praise of God, and he leads the congregation in responsive readings and hymns. The Shulḥan Arukh, Oraḥ Ḥayyim, 53:4-9 lists the qualifications of a sheli'aḥ ẓibbur. He must have humility, be acceptable to the congregation, know the rules of prayer, and the proper pronunciation of the Hebrew text, have an agreeable voice, be properly dressed, and have a beard. The beard however was later not required except on the High Holydays. Except for the recital of hymns and psalms (e.g., pesukei de-zimra, see footnote 17) the sheli'aḥ ẓibbur had to be a male past the age of bar mitzvah, thirteen years old.
c.f., Editorial Staff, E. J., v. 14, pp. 1355-56. says his (confessional) on Yom Kippur during the Silent Prayer,⁴³Ha-Tefillah, התפילה, "The Prayer" is a synonym for the Amidah, עמידה, the Silent Prayer said standing which is recited individually during each of the daily services, the Shaḥarit, Morning Service (see footnote 17), Minḥah, Afternoon Service (see footnote 40), and the Arvit (or Ma'ariv), the Evening Service (see footnote 144). It is also recited for the Musaf, the Additional Service (see footnote 166) on the Sabbath and festivals, and on Yom Kippur for a fifth time during the Ne'ilah, the concluding prayer (see footnote 191). During a congregational prayer that is when there is a minyan, a quorum of at least ten adult males, the reader (see footnote 41) repeats the Amidah outloud and on festivals a number of additions are made. Originally the repetition was for the uneducated people who did not know the prayers. Upon hearing each blessing they could respond, "Amen" and thus fulfill their religious obligation of reciting the Amidah. The Amidah of Arvit, the Evening Service, was originally optional but it long ago became obligatory to recite it silently but it is not repeated outloud except on the Sabbath eve when an abbreviated version of it in one single benediction is recited.
The word Ha-Tefillah for this prayer originated in the Talmud where it was referred to as "The Prayer" par excellence. It is also known as the Amidah for it is said "standing" and as the Shemoneh-Esreh (18) for it originally had eighteen benedictions in the daily worship while today it contains ninteen.
The Amidah takes on various forms for different occasions. On weekdays there are ninteen benedictions, on fast days an additional benediction is added when the reader repeats the prayer, (in ancient times on some public fasts six prayers were added to the regular ones, Ta'an. 2:2-4). On Sabbaths and festivals there are only seven benedictions in the Amidah except for the Musaf Service (see footnote 166) on Rosh HaShanah where there are nine. All the various forms of the Amidah have six blessings in common, the first and last three, with the middle changing according to the occasion. The first three benedictions praise God and the last three basically express thanksgiving. On the weekdays the intermediate benedictions are petitions and the Amidah is therefore predominantly a prayer of supplication where praise, petition, and thanksgiving are included. In most of the benedictions the one praying addresses God as "Thou" for it is through the Amidah that one communicates with God. The pronoun, "we" is also used throughout the Amidah which indicates that it is to be a communal prayer. Even though at times it is said individually, the worshipper is considered a member of the congregation. On Sabbaths and on festivals the central prayer concerns the specialness of the day or one aspect of that part of the day (that is, morning, afternoon, or evening on the Sabbath), and there is no petition, only praise, the special blessing of the day, and thanksgiving.
On the Day of Atonement the central blessing called Kedushat ha-Yom, the sanctification of the day, is concluded specially as follows: "Barukh…Melekh moḥel ve-sole'aḥ le-avonoteinu…mekaddesh Yisrael ve-Yom ha-Kippurim," "Blessed…King who pardons and forgives our iniquities…who sanctifies Israel and the Day of Atonement". On Yom Kippur also the third blessing (of the first three standard blessings of praise) is elaborated to contain the prayer "u-Vekhen Ten Paḥekha", "Now therefore impose Thy awe", which is an ancient petition for the eschatological Kingdom of God. On the Day of Atonement the silent recital of the Amidah is followed by the viddui, a confession of sins (see footnote 39) which is not written as a benediction. When the reader repeats the Amidah the viddui is inserted into the fourth, the central, benediction. Two confessions are recited, one short and one long which are both arranged in alphabetical order. The sins which every person might have committed during the year are included and enumerated upon. Since this prayer is part of community worship, the pronoun "we" is used, "we have transgressed, etc." (see also footnote 17).
Joseph Heinemann, E. J., v. 2, pp. 838-45. (טור).⁴⁴Tur, טור, see footnote 23.

“The order of the reading of the Torah and of circumcision on Yom Kippur” - Containing six paragraphs.
We take out (from the ark) two Torah scrolls.¹⁶⁸Two Torah scrolls are taken out on the festivals because portions from two separate sections of the Torah are read. The Torahs can be set before hand so that they can be opened to the correct portion without the necessity of rolling the scroll from one portion to the next. In the first Torah six men read from the portion “אחרי מות”, (Leviticus 16:1-18:30) until “and he did as the Lord commanded (Moses)”, (Leviticus 16:34). But if (Yom Kippur) falls on Shabbat, seven (men read from the first Torah), and the Maftir¹⁶⁹Maftir, מפטיר, means literally "one who concludes". It is the name given to the man who is the last to read in the Torah and he also usually reads the haftarah (see footnote 170), the section of the prophets that corresponds to the Torah reading. Maftir is also the name given to the three or more concluding verses of the regular weekly Torah portion as well as to the final verses read on festivals and public fast days.
Editorial Staff, E. J., v. 11, p. 685. (the last reader) reads from the second (Torah scroll) from the portion, Pinḥas, (Numbers 25:10-30:1), the section “and you shall have on the tenth day of this seventh month”, (Numbers 29:7-11). The Maftir (the Haftarah section from the Prophets¹⁷⁰The Haftarah, הפטרה, is a portion from the Prophets section of the Bible read after the Torah is read on Sabbaths, festivals, and fast days. On Sabbaths and festivals the haftarah is read during the Morning, Shaḥarit Service (see footnote 17), but on fast days it is read only during the Afternoon, Minḥah Service (see footnote 40). The exception to this is Yom Kippur and Tishah be-Av (see footnote 102) where there is a haftarah after the Torah reading in both the Morning and the Afternoon Service.
The Torah in its regular portions is read straight through during the year but such is not the case on festivals and some special Sabbaths. The haftarot are selected in parts from both the Former and Latter Prophets. Only two prophetic books are read in their entirety as haftarot, the Book of Obadiah which has only twenty-one verses and is read after the Torah portion Va-Yishlaḥ (Genesis 32:4-36-43) according to the Sephardi rite, and the Book of Jonah which is the haftarah for the Minḥah Service on Yom Kippur (see the Shulḥan Arukh, Oraḥ Ḥayyim 622:2).
Haftarot were usually selected so there would be some similarity in content between the Pentateuchal and the Prophetic portions, but often this did not happen and haftarot were chosen because of historical events or because of some special date. Special haftarot are read on special Sabbaths and the haftarah for each festival is based on the nature of the festival.
When the custom of reading the haftarah got started is not known for sure, but it is thought that it began during the persecutions of the Antiochus Epiphanes which preceded the Hasmonean revolt. The Torah was not permitted to be read by the Jews during the persecution for it was felt that the reading of it kept the Jews together and gave them a special strength. As a substitute for the Torah reading, sections form the Prophets were chosen that would remind the Jews of the corresponding Torah portion. Appearantly when the ban against reading the Torah was lifted, the practice of reading the haftarah continued. The first mention of the practice of the reading of the haftarah is found in the New Testament. Acts 13:15 states, "after the reading of the law and the prophets". Haftarot are also discussed in the Talmud as to which are to be read at specific times and festivals. In Mishnaic times different communities read different haftarot, and a set order was probably not established until talmudic times. Some haftarot today differ from those recorded in the Talmud, and there are differences in the Sephardi and Ashkenazi rites.
The maftir, the one who reads the haftarah also reads the last part of the weekly portion, (i.e., the Torah reader reads it for him). On the Sabbath, after the seventh reader from the Torah, the maftir usually rereads the last three verses of the weekly portion. On festivals and the four special Sabbaths, the maftir reads the special section from the second scroll which is usually a short description of of the festival found in the Torah. Before the haftarah is read (or chanted) the maftir precedes the haftarah with two blessings and after he ends the haftarah he recites three blessings to which a fourth one is added on Sabbaths and festivals. This fourth blessing changes with the nature of the day. The Sabbath haftarah usually has a minimum of twenty-one verses while the festival has at least fifteen verses. Lately it has become the custom for the Bar Mitzvah boy (a man upon reaching the age of thirteen) to chant the haftarah to display his ability with a Hebrew text.
Louis Isaac Rabinowitz, E. J., v. 16, pp. 1342-44.) comes from Isaiah, “and shall say, cast you up, cast you up, prepare the way” until “for the mouth of the Lord has spoken it”, (Isaiah 57:14-58:14).

“The order of the reading of the Torah and of circumcision on Yom Kippur” - Containing six paragraphs.
We take out (from the ark) two Torah scrolls.¹⁶⁸Two Torah scrolls are taken out on the festivals because portions from two separate sections of the Torah are read. The Torahs can be set before hand so that they can be opened to the correct portion without the necessity of rolling the scroll from one portion to the next. In the first Torah six men read from the portion “אחרי מות”, (Leviticus 16:1-18:30) until “and he did as the Lord commanded (Moses)”, (Leviticus 16:34). But if (Yom Kippur) falls on Shabbat, seven (men read from the first Torah), and the Maftir¹⁶⁹Maftir, מפטיר, means literally "one who concludes". It is the name given to the man who is the last to read in the Torah and he also usually reads the haftarah (see footnote 170), the section of the prophets that corresponds to the Torah reading. Maftir is also the name given to the three or more concluding verses of the regular weekly Torah portion as well as to the final verses read on festivals and public fast days.
Editorial Staff, E. J., v. 11, p. 685. (the last reader) reads from the second (Torah scroll) from the portion, Pinḥas, (Numbers 25:10-30:1), the section “and you shall have on the tenth day of this seventh month”, (Numbers 29:7-11). The Maftir (the Haftarah section from the Prophets¹⁷⁰The Haftarah, הפטרה, is a portion from the Prophets section of the Bible read after the Torah is read on Sabbaths, festivals, and fast days. On Sabbaths and festivals the haftarah is read during the Morning, Shaḥarit Service (see footnote 17), but on fast days it is read only during the Afternoon, Minḥah Service (see footnote 40). The exception to this is Yom Kippur and Tishah be-Av (see footnote 102) where there is a haftarah after the Torah reading in both the Morning and the Afternoon Service.
The Torah in its regular portions is read straight through during the year but such is not the case on festivals and some special Sabbaths. The haftarot are selected in parts from both the Former and Latter Prophets. Only two prophetic books are read in their entirety as haftarot, the Book of Obadiah which has only twenty-one verses and is read after the Torah portion Va-Yishlaḥ (Genesis 32:4-36-43) according to the Sephardi rite, and the Book of Jonah which is the haftarah for the Minḥah Service on Yom Kippur (see the Shulḥan Arukh, Oraḥ Ḥayyim 622:2).
Haftarot were usually selected so there would be some similarity in content between the Pentateuchal and the Prophetic portions, but often this did not happen and haftarot were chosen because of historical events or because of some special date. Special haftarot are read on special Sabbaths and the haftarah for each festival is based on the nature of the festival.
When the custom of reading the haftarah got started is not known for sure, but it is thought that it began during the persecutions of the Antiochus Epiphanes which preceded the Hasmonean revolt. The Torah was not permitted to be read by the Jews during the persecution for it was felt that the reading of it kept the Jews together and gave them a special strength. As a substitute for the Torah reading, sections form the Prophets were chosen that would remind the Jews of the corresponding Torah portion. Appearantly when the ban against reading the Torah was lifted, the practice of reading the haftarah continued. The first mention of the practice of the reading of the haftarah is found in the New Testament. Acts 13:15 states, "after the reading of the law and the prophets". Haftarot are also discussed in the Talmud as to which are to be read at specific times and festivals. In Mishnaic times different communities read different haftarot, and a set order was probably not established until talmudic times. Some haftarot today differ from those recorded in the Talmud, and there are differences in the Sephardi and Ashkenazi rites.
The maftir, the one who reads the haftarah also reads the last part of the weekly portion, (i.e., the Torah reader reads it for him). On the Sabbath, after the seventh reader from the Torah, the maftir usually rereads the last three verses of the weekly portion. On festivals and the four special Sabbaths, the maftir reads the special section from the second scroll which is usually a short description of of the festival found in the Torah. Before the haftarah is read (or chanted) the maftir precedes the haftarah with two blessings and after he ends the haftarah he recites three blessings to which a fourth one is added on Sabbaths and festivals. This fourth blessing changes with the nature of the day. The Sabbath haftarah usually has a minimum of twenty-one verses while the festival has at least fifteen verses. Lately it has become the custom for the Bar Mitzvah boy (a man upon reaching the age of thirteen) to chant the haftarah to display his ability with a Hebrew text.
Louis Isaac Rabinowitz, E. J., v. 16, pp. 1342-44.) comes from Isaiah, “and shall say, cast you up, cast you up, prepare the way” until “for the mouth of the Lord has spoken it”, (Isaiah 57:14-58:14).