02. The Sick Who Are Not at Risk

    One who is sick and suffering may not eat or drink on Yom Kippur unless the illness is life-threatening, as fasting on Yom Kippur is a Torah obligation, overridden only by risk to life. In this Yom Kippur differs from other fasts; the sick are exempt from fasting on Tisha Be-Av, and on minor fasts pregnant or nursing women are exempt (Peninei Halakha: Zemanim 10:2-4).

    Therefore, one who has a flu or the like must fast on Yom Kippur, since these conditions are not life-threatening. It is better for a sick person to stay in bed all day and not go to the synagogue, rather than drink even a tiny amount to enable him to go, for fasting is the main mitzva of the day, through which God purifies the Jewish people of their sins. While lying in bed, one should do his best to pray. If it is difficult for him to read from the maḥzor, he should offer heartfelt personal prayers. But he must not eat or drink. Likewise, a husband whose wife is pregnant or nursing, and in her condition she cannot both take care of the children and fast, should stay home and take care of the children so that his wife can fulfill the Torah’s mitzva of fasting. Her fasting is more important than his praying with a minyan in the synagogue.

    One who is sick and suffering may swallow medications in pill form, as long as it does not taste good. He should take the pill dry, and if he is unable to do so, he should either chew the pill or add a little soap to the water he swallows it with, thus ruining the taste.

    If fasting causes someone terrible pain, he may swallow painkiller pills. Thus, one who is suffering from caffeine-withdrawal headaches may take a caffeine pill or a painkiller. Similarly, a migraine sufferer may take a pill to prevent the onset of a migraine.[3]


    [3]. The Sages forbade taking medicine on Shabbat, lest it lead one to pulverize herbal ingredients to prepare medication. The poskim disagree as to whether this applies to medications produced today by factories as opposed to individuals. In practice, if one is really suffering, he may take pills; if he is just experiencing discomfort but not real pain, it is forbidden (Peninei Halakha: Shabbat 28:4-5, n. 3). One may also take pills that are taken regularly, such as sleeping pills and medications that must be taken for several consecutive days (ibid. 28:6).

    The same applies to Yom Kippur. Though we have learned that the Sages forbade eating foul-tasting things on Yom Kippur, in this case, where the purpose of ingestion is not to eat but to take medicine or alleviate pain, the prohibition does not apply (Igrot Moshe OḤ 3:91; Minḥat Shlomo 2:58:25; SSK 39:8). One who suffers severe caffeine withdrawal and has no pills containing caffeine may swallow coffee grounds. Since their taste is extremely bitter, they have the same status as medicine.

    One who is in pain and needs medicine that tastes sweet must add something bitter to it to ruin its taste and then swallow it. It is preferable to mix in the bitter substance before Yom Kippur. If only the coating of the medicine is sweet, and, medically speaking, it will not lose its effectiveness if crushed, he should crush it; the bitter taste of the medicine from the inside will ruin the flavor of the coating, and it may all be swallowed. This does not violate the prohibition of grinding, as grinding something that has already been ground is not considered toḥen (Peninei Halakha: Shabbat 12:1).

    One who suffers migraines must still fast, even though fasting may trigger a miserable headache, since it entails no threat to life. It is important to realize that, in most cases, there are medications that can prevent the onset of a fasting-induced migraine. In rare cases, a migraine can trigger a stroke, which is indeed life-threatening. One is in this risk category, and thus exempt from fasting, if three conditions are met: 1) He has been diagnosed with fasting-induced migraines; 2) the migraine is preceded by an aura (symptoms that precede a migraine headache) that lasts over an hour; 3) there is no medication (like suppositories or sprays) that can prevent the migraines. Since the patients do not need to eat much at once to prevent the migraine, he should eat and drink in minimal quantities (“le-shi’urim”). (This paragraph was written with the help of Dr. Rafi Cayam and Dr. Rachel Herring.)

    03. Someone Sick with a Life-Threatening Illness

    Someone for whom fasting is liable to cause death has a mitzva to eat and drink as needed, since saving life overrides the mitzva of fasting – and all mitzvot in the Torah – as we read, “You shall keep My laws and My rules, by the pursuit of which man shall live; I am the Lord” (Vayikra 18:5). Our Sages infer: “‘By which man shall live’ – and not die” (Yoma 85b). The mitzvot were given to promote life, not to cause death (Peninei Halakha: Shabbat 27:1 n. 1). If one is uncertain whether his life is in danger but is “stringent” and does not eat and drink, he is a sinner, as he violated the Torah’s commandment to preserve his life. Of him, the Torah says (Bereishit 9:5), “But for your own life-blood I will require a reckoning” (Bava Kama 91b).

    Permission to eat is not limited to cases of grave danger. Rather, as long as there is a chance that fasting will cause a person’s death or weaken his ability to fight off an illness that afflicts him, it is a mitzva for him to eat and drink as needed. Even if someone is already gravely ill, if fasting will likely hasten his death, it is a mitzva for him to eat and drink as necessary, for it is permitted to eat and drink on Yom Kippur even to extend life temporarily.

    On the other hand, this should not be taken too far by worrying about remote concerns, for if we were to view every routine illness as possibly life-threatening, it would render moot the halakha that someone sick is obligated to fast on Yom Kippur. Furthermore, anyone with the flu would need to be hospitalized, or at least have a doctor check on him twice a day. Were we really to worry about such levels of risk, we would have to forbid travel by car or plane. Certainly, we would have to prohibit cars that have not passed inspection within the last month. We would also have to prohibit hiking and many other activities.

    Rather, the principle is that any danger that people normally treat with urgency and on which they spend time and resources – like rushing someone to the hospital in the middle of a workday – is considered life-threatening. To prevent such danger, it is a mitzva to desecrate Shabbat and to eat and drink on Yom Kippur. However, a danger that people do not normally address immediately with the expenditure of time and resources is not considered life-threatening.[4]


    [4]. This criterion is imprecise because some people worry more, and others are more nonchalant. This finds expression in all aspects of life: driving style, attitudes toward illness, planning trips, and, consequently, when to rush someone to the hospital. Each person must use his best judgment, as long as it is within the realm of the reasonable. But if one knows that he is an outlier, he must decide based on what he knows most people would find reasonable.

    One who wishes to be stringent and fast even when it is dangerous is not doing a mitzva but rather a sin. One might mistakenly think that this is comparable to a case in which a non-Jew, for his own pleasure, orders a Jew to transgress. In that case, the Jew is not required to sacrifice his life to avoid transgressing, but he may choose to do so in order to sanctify God’s name (Tosafot, Avoda Zara 27b, s.v. “yakhol,” even though Rambam in MT, Laws of Torah Principles 5:1, disagrees and writes that he may not choose death). In our case (of someone dangerously ill), all agree that he may not fast, as doing so does not involve any element of sanctifying God’s name. Rather, just as God commands him to fast, here He commands him to take care of his health.

    04. Who Determines Danger?

    These halakhot are generally addressed to doctors, who must determine, based on their medical expertise and experience, when there is concern of endangerment, and when there is not. The problem is that many doctors, whether out of excessive caution or lack of respect for the mitzva of fasting on Yom Kippur, always tell anyone who is sick to eat and drink. Some doctors mistakenly believe that if they tell a sick person to eat or drink only minimal quantities (le-shi’urim), there is no prohibition. In truth, the Torah forbids eating and drinking even in small quantities. Only in the case of a patient deemed dangerously ill enough to eat and drink is it preferable, when possible, to eat and drink le-shi’urim (as explained in the next section).

    Therefore, questions about fasting must be posed to a God-fearing doctor. This does not mean asking a doctor who wears a particular type of head-covering; rather, the doctor must be moral and ethical, and reach decisions responsibly, factoring in both the sanctity of the day and the sanctity of human life. Patients have the responsibility to approach the doctor out of reverence for God, for if they pressure the doctor to permit them to eat and drink, they are putting the doctor in a very difficult position: He already bears great responsibility, and they are now making it difficult for him to determine whether they are really at risk, or if they simply want to get out of fasting even though there is no risk to life at all. A critical amount of the doctor’s information comes from patient input, so when a patient presses for a dispensation, the doctor may conclude that he is in bad shape and permit him to eat and drink minimal quantities, whereas if the patient had reported honestly, it may have clarified that the situation is not life-threatening at all. In cases of misrepresentation, responsibility for the erroneous ruling lies primarily with the patient.

    A God-fearing doctor who is uncertain as to whether a person must fast should consider: “What would I do on Yom Kippur were I to find out that this person was fasting? Would I be willing to violate Yom Kippur by driving for ten minutes to instruct the patient to eat and drink, thus possibly saving his life?” If the answer is yes, it indicates that the doctor believes that there is a true danger to life, and he should instruct the patient beforehand to eat and drink on Yom Kippur. If, however, despite the responsibility he feels for his patient’s well-being, he would not be willing to drive on Yom Kippur for him, it indicates that the doctor believes there is no real danger to life, and he should instruct the patient to fast. This suggestion is effective for the average doctor, who is not lazy but also prefers not to rush from one patient to another.

    If a patient mistakenly consulted a doctor who is not God-fearing, and the doctor instructed him to eat and drink, then the patient must make every effort to ask a God-fearing doctor before Yom Kippur. If the patient did not ask, and Yom Kippur has begun, he should eat and drink. Although we are uncertain whether the doctor answered in accordance with halakha, it nevertheless remains a case of uncertainty (safek) in which life is at stake. We therefore are stringent and instruct the patient to eat and drink.

    It is important to know that even though these halakhic decisions are in the hands of doctors, if a patient thinks that his life may be in danger, and that eating and drinking can save him, then even if the doctors disagree, he should eat and drink. This is because sometimes a person can sense the gravity of his condition more than doctors can, as it is written, “The heart alone knows its bitterness (Mishlei 14:10)” (Yoma 83a; SA 618:1). However, if the patient says he must eat, and the doctor thinks that eating would endanger his life, we pay heed to the doctor (AHS 618:5-6; SSK 39:4).[5]


    [5]. With respect to these halakhot, there is no difference between a Jewish and a non-Jewish doctor. The key factor is trustworthiness (MB 618:1). The Gemara (Yoma 83a) and Rishonim (ad loc.) address cases in which the doctors disagree. In practice, if one doctor says the patient needs to eat, and another says he does not, it is a case of uncertainty, and he should eat (SA 618:2). If two doctors maintain that he does not need to eat, and one says that he does, we follow the majority (SA 618:3). If two doctors say he must eat, we listen to them, even if a hundred other doctors say he need not eat (SA 618:4). If the doctors who say he need not eat include those who are clearly more expert, then since that group has both the majority and the greater expertise, we listen to them and require him to fast, even if two doctors say he must eat (Mateh Ephraim ad loc. 3; see MB ad loc. 12).

    Accordingly, if conventional medicine dictates that one should fast, while alternative practitioners say he should eat, we disregard the alternative practitioners, and the patient must fast; conventional doctors are considered more expert because they rely on comprehensive research, and they also constitute a majority. However, if the patient is convinced that the alternative practitioner is correct, he may eat. (See Rema 618:4.)

    In Peninei Halakha: Shabbat 27:2, I explain that we listen to the patient over the doctors as long as there is some logic to the patient’s claims. However, if the disease and its treatment are known, but the patient demands treatment that the doctors deem ineffective and that entails Shabbat desecration by someone other than the patient, we listen to the doctors (BHL 328:10 s.v. “ve-rofeh”). Likewise, if the patient is known to be excessively fearful, and the attending caregiver is certain that he is not in danger, the patient should not eat. If, despite the doctor’s view, and despite being aware of his own tendency to worry excessively, he remains sure that he must eat, he may act accordingly. (See Tzitz Eliezer 8:15:7:25, which states that sometimes it is permissible for the patient to desecrate Shabbat on his own behalf, even when it would be forbidden for a doctor.)

    05. Eating and Drinking Minimal Quantities (“Le-shi’urim”)

    If a person is dangerously ill, but, according to the doctor’s instructions, need not eat and drink large quantities urgently, then according to several of the greatest Rishonim he should eat and drink less than the minimum punishable quantities (shi’urim) intermittently, to minimize the prohibition (as we will explain). Although eating or drinking even tiny amounts is prohibited by the Torah, ingesting a full shi’ur increases the gravity of the transgression: Doing so knowingly incurs the punishment of karet (extirpation) and doing so unknowingly obligates him to bring a sin offering. Therefore, ingesting less than a shi’ur is preferable.

    However, if there is any concern that eating and drinking this way will cause at-risk patients to neglect the recovery of their strength, they must eat and drink normally. For example, if a postpartum woman is exhausted, it is better that she drink normally so that she can have uninterrupted sleep than that she stay awake to drink small quantities intermittently.

    Likewise, diabetics whose condition has no stable treatment must be very cautious. If there is concern that eating and drinking le-shi’urim will lead them to be neglectful and not eat as much as they need, they should eat normally. It is also better that they pray in the synagogue with a minyan and eat substantial amounts every few hours, rather than eating minimal amounts over an extended period of time and thus be unable to come to synagogue.[6]

    Let us now explain the details of eating and drinking minimal quantities (le-shi’urim). For drinking, the minimum punishable quantity is a mouthful, that is, the interior of the mouth plus one cheek is filled with the liquid. This amount varies from person to person. Therefore, the patient must determine how much water fills his mouth by spitting a mouthful into a cup and marking where the water reaches. Le-khatḥila, he should do this before the fast begins. On the fast, he should drink less than this amount each time.

    For solid food, the minimum punishable quantity is the volume of a large date (kotevet) – smaller than an egg but larger than an olive, it is approximately 30 cc or one ounce (SA 612:1-5, 9-10).

    These shi’urim also contain a time component. That is, to be punishable, one must eat or drink the requisite shi’ur in the time it takes to eat a half a loaf of bread (akhilat pras). Some maintain that this is nine minutes, and le-khatḥila it is good to follow this opinion. One who must eat and drink more frequently may suffice with a seven-minute break. When it comes to drinking, one may even suffice with a break of one minute, because some maintain that for drinking this is enough of a break (SA 618:7-8). There is no halakhic difference between water and other liquids; therefore, if drinking le-shi’urim suffices for a patient, it is recommended that he drink high-calorie beverages, which may make it unnecessary for him to eat.[7]


    [6]. Ramban infers from the Gemara in Keritot 13a that a pregnant woman who is in danger and needs to eat on Yom Kippur should eat less than the minimum punishable quantities. He extrapolates from this case to all sick people and concludes that they should all eat and drink le-shi’urim when possible. This is also the position of Rosh, Hagahot Maimoniyot, Tur, and SA 618:7. On the other hand, Rif, Rambam, and many other Rishonim do not mention the idea of le-shi’urim at all, nor is this mentioned in Yoma. In their view, the Gemara in Keritot does not apply to a pregnant woman on Yom Kippur, but rather to a pregnant woman who needs to eat something prohibited. Indeed, several Aḥaronim write that a dangerously ill person should eat and drink whatever he needs on Yom Kippur, with no limitations (Netziv; Or Same’aḥ; R. Ḥayim of Brisk). Nevertheless, the accepted ruling is that when possible, it is preferable to eat and drink le-shi’urim. This is somewhat difficult to understand, as we know that when it comes to danger to life on Shabbat, we do not instruct people to try to minimize the prohibition by asking a non-Jew or minor to carry out a lifesaving melakha, as we are concerned that it will cause people to be neglectful in their lifesaving efforts (Tosafot). We are also concerned that at a future time, if no non-Jew or child is present, people will waste time looking for them, and in the interim the sick person will die (Ran). Based on these concerns, the Sages teach that one should not try to use a shinui when undertaking lifesaving activities, lest it cause delay or negligence. If, on Shabbat, the Sages do not require people to attempt to downgrade from Torah prohibitions to rabbinic prohibitions out of concern for negligence, why is the accepted ruling to try to minimize the severity of the prohibition, particularly since eating minimal quantities still entails violation of a Torah prohibition? (See Peninei Halakha: Shabbat 27:4-5.)

    It seems that since the status of the dangerously ill person is known before Yom Kippur, and we can prepare in advance in an orderly fashion, there is no concern for negligence. On the other hand, it is possible that those Rishonim who do not mention eating le-shi’urim are concerned that precise instructions to minimize the prohibition would adversely affect people’s lifesaving efforts. This provides an answer to a question raised by R. Yaakov Ettlinger. He writes that we permit the sick to eat only precisely what is necessary; anything more than that is biblically prohibited. He then expresses surprise that the poskim do not mention this (Binyan Tziyon §34). We can answer that they do not mention it because in practice it is difficult to establish exactly how much a patient must eat or drink, so to avoid any possibility of endangering life, we permit someone dangerously ill to eat and drink as much as he needs. Hilkhot Ḥag Be-ḥag quotes R. Elyashiv as saying this (ch. 26 n. 33), and it is similar to the ruling that we take care of the sick on Shabbat exactly as we would on a weekday (SA 328:4; see Peninei Halakha: Shabbat, ch. 27 n. 4). It should be noted that there have been tragedies in which diabetics who needed to eat on Yom Kippur did not do so and died as a result. Since many diabetics can function normally, they come to synagogue, but there it is difficult for them to eat le-shi’urim. Some have become weak and, without realizing the danger they were in, ended up passing out and dying. When there is any shadow of a doubt concerning danger, diabetics should eat as usual and then go to the synagogue, as the value of eating le-shi’urim does not take precedence over the value of going to the synagogue.

    [7]. For more on “akhilat pras,” see Peninei Halakha: Pesaḥ 16:25 and Peninei Halakha: Berakhot 10:7. There are many opinions about its duration, ranging from 4 to 9 minutes. MB 618:21 says that on Yom Kippur we should be stringent in accordance with the opinion of Ḥatam Sofer and consider it 9 minutes. However, in times of need, one may be lenient and wait 7 minutes, which is longer than most opinions require. (In Peninei Halakha: Berakhot 10:7 I rule that eating a shi’ur within 7 minutes requires a berakha aḥarona.) In terms of drinking, Rambam uses a different criterion: the time it takes to drink a revi’it in a relaxed and continuous manner (MT, Laws of Resting on the Tenth 2:4). This is no longer than a minute. However, SA 618:8 states that le-khatḥila one should be stringent and follow Raavad, who equates drinking with eating. (Accordingly, one should wait 7 minutes.) In times of necessity, it is better to follow Rambam rather than drink more than shi’ur at once.

    06. The Psychological Aspect

    Sometimes a person becomes so weak on Yom Kippur that he is afraid that he is going to lose consciousness and die. This fear is usually exaggerated, as fasting and the attendant weakness are generally not dangerous. (There are even some serious illnesses for which fasting may be helpful.) Nevertheless, it is possible that a person does have some issue which might make fasting dangerous. Therefore, if someone is so afraid he might die that he asks for food and drink despite the holiness of the day, we give it to him. However, since the need is sometimes simply psychological, we begin by giving him only a little. Sometimes this is enough to calm him and bring about a recovery. If this does not work, we continue giving him small quantities of food, spread out over time (as explained in the previous section). If this, too, does not work, he may eat and drink until he is reassured (SA 617:2-3).

    Sometimes just knowing that it is permissible to eat and drink restores a person’s well-being. He calms down and feels able to continue fasting. There is a story in the Yerushalmi (y. Yoma 6:4) about R. Ḥaggi, who became very weak from fasting, but when R. Mana told him to drink, he decided that he could manage, and he continued to fast. Many poskim use this strategy (Kol Bo §69, cited by Beit Yosef 618:1).[8]

    On the other hand, we must be very careful not to take danger lightly. If doctors have instructed someone to eat and drink, he should do so joyfully, as he is fulfilling God’s commandment to take care of his health. Hopefully, he will merit long life as a reward for observing this mitzva. Torah giants made it a practice to admonish the sick about this. If they knew that a particular patient was likely to disregard medical advice and fast, thus endangering his life, they would visit him on Yom Kippur to persuade him to eat and drink.


    [8]. R. Zevin tells a remarkable story. Once, before Ne’ila, there was a commotion in the beit midrash of R. Ḥayim Halberstam, the Sanzer Rebbe. A rich congregant, desperately thirsty, almost passed out. This rich man was known to be very stingy. At first, some mocked him: “Throughout the year, this wealthy man is unwilling to give a poor person a little water to drink. Let him now experience thirst!” However, when the people standing around realized that he was truly in danger, they went to the dayanim to ask what they should do. The rabbis instructed them to give him a spoonful of water (less than a cheek-full). However, each spoonful they fed him seemed to make him thirstier, until he asked for a cup of water. The head of the beit din, Rav Berish, did not trust himself to rule on this, so he approached R. Ḥayim for a ruling. He interrupted R. Ḥayim’s holy worship, told him the whole story, and asked him what to do. R. Ḥayim said, “Tell him that for each cup that he drinks now, tomorrow he must donate a hundred guilder (a substantial amount) to charity. If he agrees to this, give him as much as he wants to drink.” When the wealthy, weak man heard this ruling, it revived him. He got to his feet, stood up straight, and continued to pray as if he was not thirsty at all (R. Shlomo Yosef Zevin, Sipurei Ḥasidim: Mo’adim, p. 101 [A Treasury of Chassidic Tales on the Festivals, vol. 1, pp. 117-118]).

    07. Laws of Eating for Those Who Must Eat

    Children and dangerously sick people must recite berakhot before eating and drinking on Yom Kippur. If they eat or drink enough to require a berakha aḥarona, they recite that as well. Someone dangerously ill who is drinking le-shi’urim does not recite a berakha aḥarona, as he drinks less than a cheek-full each time, while a berakha aḥarona is recited only after drinking a revi’it (2.5 ounces or 75 milliliters), which is more than a cheek-full. (See Peninei Halakha: Berakhot 10:10.)

    In terms of eating, even one who ate minimal quantities may have to recite a berakha aḥarona, because the shi’ur that obligates a berakha aḥarona is a kezayit, and someone eating le-shiurim on Yom Kippur may eat as much as the volume of a kotevet, which is larger than a kezayit (ibid. 10:5).

    As we said above (section 5 and n. 6), it is preferable when possible for the dangerously ill to eat and drink le-shi’urim, but when that is difficult, they should eat and drink normally. For example, a postpartum woman who needs to sleep can eat and drink regularly to help her recovery. Diabetics who are praying with the community should eat and drink normally, so that they can attend synagogue without endangering themselves. Children who eat and drink on Yom Kippur should also do so normally.

    People who are eating bread must first wash their hands (netilat yadayim). However, rather than washing to the wrists, they should wash only to the base of the fingers. They should wash each hand twice (Peninei Halakha: Berakhot 2:3, 2:11). One who intends to eat less than the volume of an egg (kebeitza) does not recite “al netilat yadayim.” If he intends to eat more than that, he recites the blessing (Peninei Halakha: Berakhot 2:6).

    One who always washes mayim aḥaronim before Birkat Ha-mazon may do so on Yom Kippur as well. If one does not normally do so, he should not do so on Yom Kippur (9:5 below).

    One who eats at least a kezayit of bread must recite Ya’aleh Ve-yavo during Birkat Ha-mazon and mention Yom Kippur. If he forgot to do so, he does not repeat it. If Yom Kippur is on Shabbat, he should also recite Retzei, but if he forgot, he does not repeat it.[9] One who is reciting Al Ha-miḥya should mention Yom Kippur. Needless to say, if he forgot to do so, he does not repeat it, since even on a normal Shabbat one who forgot to mention Shabbat in Al Ha-miḥya does not repeat it.

    Some say that a dangerously ill person who is eating on Yom Kippur must make “Ha-motzi” over two loaves of bread (leḥem mishneh). Additionally, if it is Shabbat, he must make kiddush before eating. However, according to most poskim, one need not make kiddush or use leḥem mishneh on Yom Kippur, and the halakha follows them.[10]


    [9]. According to most poskim, children and the dangerously ill, who eat on Yom Kippur, must recite Ya’aleh Ve-yavo. Since they may eat, and Yom Kippur is a mikra kodesh, this must be mentioned in Birkat Ha-mazon (Maharam; Rosh; Hagahot Maimoniyot; Tur; SA 618:10). However, according to others, Ya’aleh Ve-yavo should not be recited, as the mitzva to recite it applies only when there is a mitzva to eat (Shibolei Ha-leket citing R. Avigdor Katz; Taz ad loc. 10). In practice, Ya’aleh Ve-yavo should be recited, since this is the opinion of most poskim. It does not constitute an interruption, and it includes nothing that is incorrect. However, one who forgot to recite it does not repeat Birkat Ha-mazon, since according to those who maintain that Ya’aleh Ve-yavo is not recited on Yom Kippur, the repeated berakha would be in vain (le-vatala). MA (ad loc. 10) implies this, while Ḥayei Adam, Pri Megadim, and MB ad loc. 29 rule this way explicitly.

    [10]. When Yom Kippur coincides with Shabbat, some maintain that a dangerously ill person must recite kiddush before eating (Hitorerut Teshuva 3:407; Hagahot R. Akiva Eger 618:2 inclines this way as well, following the approach that making kiddush where one eats is a Torah requirement). However, according to most poskim, the sick person does not make kiddush, as there is no mitzva to eat on Yom Kippur (SAH 618:18; Ḥayei Adam 145:32; Or Same’aḥ, Laws of the Yom Kippur Service 4:1; Responsa Har Tzvi OḤ 1:155; Igrot Moshe, ḤM 1:39; Yaskil Avdi 8:20; Mishnat Ya’avetz OḤ §59; SSK 39:33; Ḥazon Ovadia, p. 307). Knesset Ha-gedola (OḤ 618, Hagahot Tur 9) states that one must use leḥem mishneh. This is difficult to understand, though, as double portions of manna did not fall before Yom Kippur (since it was forbidden to eat then). One might respond that manna did fall to feed the sick and the children. Nevertheless, most poskim maintain that leḥem mishneh is not required, and this is the conclusion of MA 618:10 and SAH ad loc. 18.

    1. Akiva Eger writes in his responsa (§24) that it is permissible to give an aliya to someone dangerously ill who must eat, as the Torah reading is due to the holiness of the day, not to the fast. However, R. Akiva Eger is uncertain about doing this at Minḥa, as it is possible that its Torah reading was established because of the fast. One who ate le-shi’urim may get an aliya. (See Peninei Halakha: Zemanim 7:11 n. 15, where I write that at Minḥa on fast days, one should not give an aliya to someone who ate more than a shi’ur. However, if such a person was mistakenly called up, he may accept, relying upon Responsa Ḥatam Sofer OḤ §157. Ḥatam Sofer allows this because he feels that on a fast day, the Torah reading is because of the day, not because of the fast. The same ruling applies to someone called up on Minḥa of Yom Kippur.) A long-time ḥazan who has to eat le-shi’urim may continue as ḥazan (Ḥazon Ovadia, p. 351).

    08. Pregnant Women

    Pregnant and nursing women are obligated to fast on Yom Kippur (Pesaḥim 54b; SA 617:1). They are even obligated to fast on Tisha Be-Av, which is a rabbinic requirement, so certainly they are obligated to fast on Yom Kippur, which is a Torah requirement.

    In recent times, some rabbis have been allowing pregnant women to drink le-shi’urim on Yom Kippur, because they believe that women are weaker nowadays and may miscarry if they fast. However, studies in Israel and abroad show that fasting does not increase the risk of miscarriage. In rare cases, fasting during the ninth month may induce labor, but this is not life-threatening. There is also no basis for the claim that people today are weaker than they used to be. On the contrary, people are healthier than they have ever been, whether due to the abundance and variety of available food or due to advances in medicine. Life expectancy has increased by decades. Therefore, there is no reason to be more lenient today than in the past, and the law still applies: pregnant and nursing women are required to fast (Tzitz Eliezer 17:20:4; Nishmat Avraham 617:1).

    This means that even pregnant women who throw up, have slightly elevated blood pressure, low hemoglobin, or other normal discomforts associated with pregnancy are obligated to fast on Yom Kippur and are not permitted to drink le-shi’urim. Consulting a God-fearing doctor is only necessary if a woman is in the first few weeks of pregnancy following IVF or going through an especially difficult or high-risk pregnancy. If the doctor says that there is possible danger to the life of the mother or the fetus, then she may drink, preferably le-shi’urim. In contrast, a woman experiencing a normal pregnancy with normal symptoms (even if this includes throwing up) must fast. There is no reason to even ask a rabbi about it. Nevertheless, if a pregnant woman who is fasting feels that her situation has become dangerous, she should eat and drink as needed.[11]


    [11]. It should be noted that it is not enough for the doctor to be God-fearing. If the doctor accepts the view that most pregnant and nursing women may drink on Yom Kippur, his determination is not considered legitimate according to most poskim (n. 13 below). Therefore, one may rely only on a doctor who answers in accordance with the view that, as a rule, pregnant and nursing women are not put at risk by fasting, and that only in a few cases of high-risk pregnancies is it necessary for a pregnant woman to eat or drink. See section 4 above, where we explain that the people asking have a responsibility to asks questions in a God-fearing manner.

    09. Childbirth and Postpartum

    From the moment labor begins, or from the moment a woman must be rushed to the hospital to give birth, she is considered to be dangerously ill, and she must eat and drink as needed. She retains this status for seventy-two hours from the moment of birth. If these seventy-two hours end during Yom Kippur, she may eat and drink as needed until seventy-two hours have passed.[12] As we have seen, it is preferable for anyone dangerously ill to eat and drink le-shi’urim if it will not be harmful. However, if a woman postpartum wants to sleep, and eating and drinking le-shi’urim will make it hard for her to get the rest she needs, then she should eat and drink normally.

    From seventy-two hours until a week postpartum, her condition must be evaluated. If it is clear to her and her doctor that she is not at risk, she should fast. If they are uncertain, she should not fast (SA 617:4).


    [12]. According to Terumat Ha-deshen §148 (cited in SA 617:4), we count until the end of the third day, regardless of the hour of birth. Thus, if a woman gave birth at any point on the seventh of Tishrei, she must fast on Yom Kippur. However, MB 330:10 states that some Rishonim calculate three days – 72 hours – starting from the exact time of the birth. These include Rosh, Ritva, and Hagahot Asheri based on Behag. This is how we rule in practice (SSK 39:15; Yabi’a Omer 7:53:7).

    10. Nursing Women

    As we have stated, pregnant and nursing women are obligated to fast on Yom Kippur (Pesaḥim 54b; SA 617:1). True, some contemporary poskim maintain that nursing women may drink le-shi’urim, so that the fast does not cause them to stop nursing. Nevertheless, according to most poskim, nursing mothers must fast on Yom Kippur and even Tisha Be-Av. Even though nursing makes the fast more difficult because of the additional loss of fluids, this is not life-threatening. It does not endanger the baby either, because even if the mother’s milk decreases or dries up, milk substitutes are available. In reality, women who fast are generally able to continue nursing.

    Good advice for nursing mothers is to skip every other feeding. This will help them make it through the fast relatively easily. In other words, a woman who normally nurses every three hours should nurse at 10 AM. At 1 PM she should use formula or another substitute, and then nurse again at 4 PM. At 7 PM she should once again use a substitute. This way, she will not suffer too much during the fast, and she will not produce less milk. Some babies will not accept a substitute from their mother, in which case someone else needs to feed them formula.

    Nevertheless, if the baby is small, weak, and sickly, and the doctor thinks that the baby has a special need for mother’s milk, and there is concern that if the mother fasts, her milk will dry up or be considerably depleted, she may drink le-shi’urim based on the instruction of a God-fearing doctor (BHL 617:1). However, this is rare; if a nursing mother drinks a lot the day before the fast, her milk will almost certainly not be depleted from fasting. It is even better if, starting three days before the fast, she drinks and sleeps more than usual. This will increase her milk supply. She can also pump in the days before the fast, so the baby will have plenty of milk during the fast, and there is no concern that the mother’s milk will be depleted.[13]


    [13]. If there is a reasonable chance that a mother’s milk will dry up or be seriously depleted due to fasting, some permit her to drink le-shi’urim, because, in their view, mother’s milk is necessary for the baby’s survival. (This is cited in the name of Ḥazon Ish.) They add that one should not take into account that good milk substitutes are available nowadays (Halikhot Shlomo 6:2; Si’aḥ Naḥum §36). Others testify in the name of various rabbis that even though the sefarim advise to be stringent, in practice we are generally lenient when questions arise. However, these claims are very difficult to sustain, because even though mother’s milk certainly has beneficial properties, and the prevailing medical view strongly encourages nursing, nevertheless, many women do not nurse at all, and we never hear of doctors being up in arms about this and claiming that nursing is necessary to save the babies’ lives. According to an Israeli national health survey from 2000, 10% of Jewish mothers in Israel do not nurse at all, about 70% nurse beyond one month, partially or entirely, only about 50% nurse longer than three months, and only about 32% nurse longer than six months. It stands to reason that many women who stop nursing do so for their own convenience, to facilitate their professional lives or studies. If these factors are sufficient for women to stop or cut down nursing, and the medical establishment does not strenuously object (as would be expected if this were truly life-threatening), then the facts indicate that cessation of nursing is not seen as jeopardizing babies’ lives.

    Furthermore, in the past, infant mortality during the first year was very high, and no good milk substitutes were available. Yet the clear ruling was that nursing women were obligated to fast, even on Tisha Be-Av. How then can we even raise the possibility that nowadays this is life-threatening? Good substitutes are available, and we have never heard of a baby who died because his mother stopped nursing him. Even in the past, when there were no milk substitutes, leniencies were granted only in cases where the baby was sick. We see this in Devar Shmuel §107 (cited in Responsa Ḥatam Sofer 6:23); BHL 617:1; Da’at Torah ad loc.; and Har Tzvi (OḤ 1:201:1 toward the end). Therefore, a nursing mother may drink on Yom Kippur only if there is a specific medical reason that her sick baby needs mother’s milk, and there is a concern that fasting will deplete her supply. Torat Ha-yoledet (ch. 51 n. 11) and Piskei Teshuvot (617:2) incline this way as well.

    As we stated, the leniencies stem from times when there were no milk substitutes. Back then, if a mother’s milk dried up, she had to hire a wet nurse. If she did not have money for this, the baby’s life was truly in danger due to the likelihood of malnutrition. Today, milk substitutes are available, so it would seem reasonable to be stringent even with sick babies. In practice, though, the ruling is made by a doctor. If the doctor feels that there is a certain danger to the baby’s life if he cannot have mother’s milk, and there is a reasonable fear that the mother’s milk will dry up as a result of the fast, one can rule leniently. However, if the doctor is one of those who instructs many nursing mothers to drink le-shi’urim on Yom Kippur, then most poskim say one cannot rely on his judgment. Rather, one should ask a doctor who proceeds from the assumption that stopping nursing is not normally life-threatening.

    We must add that the possibility that a mother’s milk will dry up due to the fast is remote. Generally, fasting does not force a woman to stop nursing. That is, if one is careful, in the days before the fast, to drink at least three liters a day and sleep for eight (or at least seven) hours a day, it is very unlikely that her milk supply will be depleted. On the contrary, many women report that proper preparation for the fast improves their milk supply; they discover how helpful extra drinking and sleeping are for nursing. Moreover, even if a nursing woman did not prepare properly for the fast, if she drinks and rests a lot after the fast, her milk supply will generally return to normal. (Nevertheless, if a nursing woman is in the process of reducing the number of feedings, or has trouble nursing in general, lack of proper preparation for the fast may make it hard for her to replenish her milk supply.)

    To sum up, the Torah commands us to fast on Yom Kippur. The Gemara and poskim explicitly state that a nursing woman is included in this obligation. (Even on the rabbinic fast of Tisha Be-Av, pregnant and nursing women are required to fast.) There is no justification for not observing this mitzva based on the unsupported claim that it is life-threatening for nursing women to fast.

    01. The Mitzva to Fast

    There is a positive commandment to fast on Yom Kippur, as we read, “In the seventh month, on the tenth day of the month, you shall deprive (ve-initem) yourselves” (Vayikra 16:29). The primary expression of this deprivation (inui, which may also be translated “affliction” or “suffering”) is refraining from life-sustaining food and drink, and the punishment of karet (extirpation) in the case of a knowing transgression and a sin offering in the case of an unknowing transgression apply only to one who eats or drinks. Nevertheless, the mitzva of inui includes four additional prohibitions, all of which are forms of deprivation. Together with the prohibition on eating and drinking, there are a total of five prohibitions: a) eating and drinking; b) washing; c) anointing; d) wearing shoes; e) sexual relations (Yoma 73a).

    The mitzva of inui does not require us to do things that inflict pain, like sitting in the midday sun. Rather, the mitzva is to desist from certain things whose deprivation causes suffering (Yoma 74b and 76b-77b). The basis for this understanding is the verse, “It shall be a Shabbat (Shabbat) of complete rest (Shabbaton) for you, and you shall deprive yourselves” (Vayikra 23:32). Our Sages expound: “Shabbat” – you should refrain (tishbetu) from eating and drinking; “Shabbaton” – you should refrain from other activities that would reduce inui (Yoma 74a). The Sages also infer from the fact that the Torah commands us to “deprive ourselves” five times that there are five activities from which one must desist.

    The poskim disagree about how severe the additional four prohibitions are. Some say that since the Torah never explicitly states that eating and drinking are prohibited, but rather states, “You shall deprive yourselves,” it means that all five deprivations are included in the Torah’s commandment. According to most poskim, however, only eating and drinking are prohibited by the Torah, because the primary expression of inui is to be deprived of them. Still, the Torah did not explicitly state that the mitzva is to refrain from eating and drinking, but commanded us to deprive ourselves, to teach us that there must be additional expressions of our deprivation. Based on this, the Sages enacted the other four prohibitions.[1]


    [1]. The Gemara (Yoma 76a) states:

    What do these five deprivations correspond to? R. Ḥisda says: They correspond to the five times that the Torah mentions “inui”: “On the tenth [day of the same seventh month, you shall observe a sacred occasion when you shall deprive yourselves” (Bamidbar 29:7)]; “But the tenth [day of this seventh month is the Day of Atonement. It shall be a sacred occasion for you; you shall deprive yourselves” (Vayikra 23:27); “It shall be] a Shabbat of complete rest [for you, and you shall deprive yourselves” (ibid. v. 32); “It shall be] a Shabbat of complete rest [for you, and you shall deprive yourselves; it is a law for all time” (ibid. 16:31)]; “And this shall be to you [a law for all time: In the seventh month, on the tenth day of the month, you shall deprive yourselves” (ibid. v. 29).]

    It would seem from this exegesis and that of “Shabbat Shabbaton” (Yoma 74a) that all five prohibitions are from the Torah. Indeed, this is the position of She’iltot, Behag, Itur, and Yere’im.

    However, other Rishonim maintain that the additional four afflictions are rabbinic. When the Torah speaks of the punishment of karet in the context of Yom Kippur (Vayikra 23:30), it says, “I will cause that person to perish (ve-ha’avadeti et ha-nefesh).” The Sages explain that liability to punishment by karet is limited to the type of deprivation that would lead to death (ibud nefesh) if continued for an extended period (Yoma 74b). This implies that it is only eating and drinking that are prohibited by the Torah. Furthermore, we find that R. Eliezer permits a king and a new bride to wash their faces and permits a postpartum woman to wear shoes. Moreover, washing minors and applying cream to them is permitted. If these actions were prohibited by the Torah, we would not find these leniencies. For these reasons, Rabbeinu Tam, Ri, Riva, Rashba, Rosh, Ritva, Me’iri, and Sefer Ha-ḥinukh maintain that the additional four prohibitions are rabbinic, and the prooftexts simply support the rabbinic laws (“asmakhta”) rather than serve as their source. Those who nevertheless maintain that all the deprivations are Torah prohibitions explain that the Torah authorizes the Sages to delineate their parameters. Therefore, the Sages can choose to be lenient in certain cases (Ran). If the additional deprivations are from the Torah, why do they not carry the punishment of karet? Because as long as one fasts, he is observing the primary deprivation.

    I would like to suggest that all agree that these four prohibitions are rooted in the Torah, while the details are rabbinic. This is why the Torah obliquely describes the mitzva of the day as “inui,” which includes all types of deprivation, not just eating and drinking. According to most poskim, the Torah requires us to desist from eating and drinking (the primary form of deprivation), and leaves other matters which have an aspect of deprivation to the discretion of the Sages, while alluding in the verses that there are grounds to prohibit five things. Others say that even the four additional prohibitions are absolutely included in the Torah commandment, for desisting from them is part of the mitzva of inui. However, since they are not the primary forms of inui, their parameters were given to the Sages to delineate.

    02. Washing

    All washing for pleasure is forbidden on Yom Kippur, whether in hot or cold water. No part of the body may be washed, not even the pinky. However, if one was muddied, sullied by excrement, or had a nosebleed, he may wash the affected areas, as his intention is to remove filth, not to derive pleasure. Similarly, after changing a diaper, one may wash one’s hands with soap and water to remove filth and dirt. Even though washing to remove filth involves a small amount of pleasure, since the primary intention is to remove filth, it is not considered washing for pleasure (SA OḤ 613:1).

    When preparing food for a child, one may rinse the food or the dishes, as this is not washing for pleasure.

    One who is so sweaty that it is really bothering him and causing him to suffer may rinse the sweaty areas, since he is not doing so for pleasure (MB 613:2; SHT ad loc. 4).

    One who is very sensitive, and who will be agitated unless he rinses his face in the morning, may rinse his face, though if he is able to refrain, he should be commended. If rheum accumulated in the corner of one’s eyes overnight, and it cannot be removed without water, one may use a bit of water to remove it (Rema 613:4; MB ad loc. 9).

    One may not rinse his mouth on Yom Kippur, both because of the prohibition on washing and lest he swallow a drop of water. Even one who knows he has bad breath and is bothered a lot by it may not to rinse his mouth. He may, however, brush his teeth with a dry toothbrush.[2]

    If a newlywed bride (within thirty days of marriage) is worried that if she does not wash her face her husband will find her unattractive, she may wash her face; she is not washing for pleasure, but rather to avoid repelling her husband.[3]

    One may use a barely damp towel (for example, a towel with which one dried his hands) to wipe his eyes and face, to clean them and refresh himself a bit. This is because the prohibition on washing does not apply something only barely damp. “Barely damp” means that it cannot make something wet enough to wet something else (“tofe’aḥ al menat lehatpi’aḥ”; SA 613:9). As a rule, moist towelettes and baby wipes are too damp and thus may not be used for enjoyment or to refresh. However, they may be used to remove dirt. If they dry out to the point that they are not tofe’aḥ al menat lehatpi’aḥ, one may even use them to refresh oneself.


    [2]. On the minor fasts, one may brush his teeth with water to get rid of bad breath, as long as he is careful not to swallow any water. Even though some water will inevitably be swallowed (as clearly once the mouth is wet, the water will be swallowed together with saliva), since it is not intentional, one may be lenient when necessary. One who really suffers may even be lenient on Tisha Be-Av (Peninei Halakha: Zemanim 7:5). However, on Yom Kippur, when any drinking is prohibited by Torah law, one may not be lenient. This is written in Smak (§221) and cited in Beit Yosef (613:4) with the following rationale: “Even less than a shi’ur is prohibited by the Torah, and water may trickle into his throat.” If he swallows unintentionally, he transgresses rabbinically. However, since the root of the prohibition is from the Torah, one must be stringent. If one finds that brushing his teeth with a dry toothbrush is ineffective, and he suffers greatly from bad breath, he may brush his teeth with soapy water. This entirely ruins the taste of the water, so if he swallows a little water, he does not transgress.

    [3]. This is the opinion of R. Eliezer (Yoma 78b) and the ruling of Rif, Rambam, and Rosh. Some Rishonim (R. Yitzḥak ibn Gi’at and Semag) rule in accordance with the Sages and are stringent. Shulḥan Arukh 613:10 is lenient. Ḥayei Adam 145:15 states that we are not lenient if the groom will not see his bride over the course of Yom Kippur.

    03. Washing for a Mitzva

    Hand-washing is permitted for a mitzva. Therefore, kohanim may wash their hands (up to the wrists) before Birkat Kohanim (Rema 613:3; SA 128:6). However, one who had a nocturnal emission on Yom Kippur should not immerse himself, even if he would normally do so, because the pious practice of immersing after a seminal emission does not override the prohibition on washing. Similarly, a nidda whose time to immerse coincides with Yom Kippur should postpone visiting the mikveh until the night after Yom Kippur (SA 613:11-12).[4]

    After waking up in the morning, one should use a cup to wash his hands three times to the base of the fingers (where the fingers meet the palm), because a ru’aḥ ra’a remains on the hands after a night’s sleep, and it can harm the body’s orifices. To remove it, the hands must be washed three times, alternating between left and right. After using the toilet, one washes the hands again and recites the berakha of “al netilat yadayim.” This washing is a mitzva, as the Sages ordained hand-washing before praying Shaḥarit (Peninei Halakha: Prayer 8:4 n. 2). Even though normally we enhance this mitzva by washing the entire hand, on Yom Kippur we wash only to the base of the fingers, because technically this is adequate for both cleanliness and the removal of ru’aḥ ra’a (SA 613:2). While it is true that when one tries to wash beyond the base of the fingers, the palm can get a little wet, this is not a concern, since it is not his intention.

    If one touches an area of the body that is usually covered and sweaty, he is considered to have touched something dirty. If he wishes to recite sacred words afterward, he should wash his hands, as he is washing them for a mitzva and not for pleasure (MB 613:5-6; Kaf Ha-ḥayim ad loc. 6; Peninei Halakha: Prayer 5:2). There is uncertainty regarding the status of one who relieves himself without touching any part of the body that is usually covered, as perhaps he does not need to wash, since he did not touch any filth. In order to avoid this uncertainty, when one relieves oneself it is best to touch a part of the body that is usually covered. This way, all agree that one may wash his hands until the base of his fingers, including the knuckles, in order to recite the berakha of Asher Yatzar in a state of cleanliness (SA 613:3, MB ad loc. 4).[5]


    [4]. According to Yoma 88a, one who experienced a nocturnal seminal emission may immerse on Yom Kippur. In practice, this is permitted by R. Yehuda ben Barzilai of Barcelona. One who normally immerses in this situation and is very uncomfortable not doing so may immerse according to Maharil, Mahari Weil, Responsa Mahari Bruna §49, and Rav Pe’alim OḤ 2:61. Some Ḥasidim also rule this way (Piskei Teshuvot 613:6 n. 23). However, many Rishonim prohibit immersion, maintaining that the Gemara’s leniency applied only when Ezra’s ordinance (requiring anyone who experienced a nocturnal emission to immerse before praying or studying Torah) was in force. Now that this is no longer required, the immersion is merely a pious custom and thus does not override the prohibition of washing on Yom Kippur (MT, Laws of Resting on the Tenth 3:3; Rabbeinu Tam; Maharam; Mordekhai; Hagahot Maimoniyot). This is also the ruling of SA 613:11 and the decisive majority of Aḥaronim.

    Regarding immersion to become tahor, according to most Rishonim, immersing at the proper time is a mitzva and overrides the prohibition of washing. Rabbeinu Tam disagrees. However, nowadays everyone is tamei from exposure to corpses, so even immersion does not purify for the purpose of eating taharot. Therefore, even those who maintain that it is a mitzva to immerse on time would agree that nowadays it is not (Tosafot, Beitza 18b). Furthermore, nowadays women do not actually immerse on time (according to Torah law), since we follow the rabbinic stringency of having every nidda count seven clean days following the conclusion of her period (which Torah law requires only of the zava). Beit Yosef OḤ 554:8 summarizes the issue, and SA 613:12 rules that a nidda does not immerse on Yom Kippur.

    [5]. Many of these laws are the subject of disagreement. We will mention some of them and then clarify the halakha. According to most poskim, one is only required to wash each hand once after using the bathroom, but many have the custom of washing each three times. (See MB 4:39.) Similarly, on Yom Kippur, according to most poskim one washes once, while others say three times (R. Mordechai Eliyahu, Hilḥot Ḥagim 45:25). See Peninei Halakha: Prayer 8:3-5 n. 2. Some say that one who touches an area of the body that is usually covered should wash only that hand until the base of his fingers (Ḥayei Adam 40:18, MB 613:6). Others maintain that he must wash both hands (Shlah, Yafeh La-lev; see also Kaf Ha-ḥayim 4:86). They also disagree about a case in which one touches his shoe – even if it is made of cloth – with one finger. Some say he must wash just that hand, while others say he must wash both hands. There are many other uncertainties regarding these laws. For example, does one who touches an area that is usually covered, but which nonetheless is not sweaty, need to wash his hands? (See Peninei Halakha: Prayer, ch. 5 n. 2.)

    There is an apparent question pertaining to the view that one may wash on Yom Kippur in these circumstances. Technically, one who touches a sweaty part of the body may simply rub his hands on any sort of cloth and then recite sacred words (SA 4:23, MB ad loc. 61). Why, then, do we not do so on Yom Kippur? It seems that whenever a person would wash his hands ritually under normal circumstances, he may wash them on Yom Kippur as well, even if technically it would be sufficient for him to rub his hands clean, because he is washing for the sake of a mitzva. If, however, he sometimes suffices with rubbing his hands on his clothing or the like, he may not wash on Yom Kippur, since for him this hand-washing is not a mitzva. Consequently, most discussions of this subject deal with people’s behavior during the year. Accordingly, we may ask: Why does Shulḥan Arukh permit washing only to the base of the fingers in the morning and after using the bathroom on Yom Kippur, if during the rest of the year, people normally wash to the wrist? I would like to suggest the following answer: Unlike most of the disagreements raised in the previous paragraph, where the halakha itself is the subject of dispute, according to Shulḥan Arukh washing to the wrist during the year is not a law but rather a mere stringency. Thus, on Yom Kippur we revert to the basic law and do not wash to the wrist. Most Aḥaronim agree with Shulḥan Arukh. Arizal, though, takes a different approach. According to him, washing the entire hand is required all year to remove ru’aḥ ra’a. However, on Yom Kippur, the power of the ru’aḥ ra’a is weakened, so it is sufficient to wash to the base of the fingers (Ben Ish Ḥai, Toldot 2; Kaf Ha-ḥayim 4:14; see Minḥat Yitzḥak 10:45).

    04. Applying Ointments and Using Perfume

    On Yom Kippur, one may not apply oil or anything else meant to nourish the skin, to even a small area of the body (SA 614:1). Obviously, any makeup that may not be applied on Shabbat because of issues of dyeing (Tzove’a) or spreading (Memare’aḥ) may not be applied on Yom Kippur either, as everything prohibited on Shabbat is prohibited on Yom Kippur (Peninei Halakha: Shabbat 14:4).

    To relieve itch, one may apply oil in liquid form to his skin (Yoma 77b), as long as he does not violate the prohibition of applying medicine; on Yom Kippur, as on Shabbat, it is rabbinically forbidden for one suffering from minor discomfort to use medicine, lest he grind herbal ingredients to prepare it. However, if healthy people occasionally use this oil, it is not considered medicinal, so one may use it to relieve itch. If the itch is painfully irritating, one may apply a factory-produced medicating oil (Peninei Halakha: Shabbat 28:5).

    Perfumes or deodorants that make people smell good may not be used. Since they moisten the area to which they are applied enough that touching it would moisten one’s finger (tofe’aḥ al menat le-hatpi’aḥ), using them is considered a form of washing. However, they may be used to remove a bad odor, just as a person may wash to remove grime or get rid of a bad smell. In both cases, the intention is neither for pleasure nor to refresh (section 2 above). Insect repellent may also be used, since it is meant not for pleasure but to repel pests.[6]


    [6]. Even though washing is permitted if it is not done for pleasure, applying ointment is not (y. Yoma 8:1; Rambam; SA 614:1; and MB ad loc. 1), because applying ointment gives great pleasure; even if one only intends to remove filth, he still enjoys it, so it is prohibited (MA). Only when there is no pleasurable aspect in applying the ointment, as when it is done for medicinal reasons, is it permitted. According to Baḥ and Taz, however, the laws pertaining to washing and applying ointment are the same. Both are forbidden if they are just to remove a little dirt, and both are permitted to remove real filth. MB (613:2) follows MA. In any case, nowadays no one uses oil to remove filth. If one changed a diaper and his hand smells bad, he may wash his hand with liquid soap. He need not worry about the prohibition of applying ointment, because soap is not oil which will be absorbed into the body, and the soap’s fragrance is simply meant to neutralize the bad odor. However, one may not use soap that contains enough moisturizing cream that it can be felt on the hand after use, as this constitutes anointing.

    Some forbid using perfume and deodorant, but they do not explain whether this is because of the prohibition of washing or the prohibition of anointing (R. Ben-Zion Abba Shaul; R. Seraya Deblitzky). Piskei Teshuvot states that the problem is one of applying ointment (614:1). Shemesh U-magen similarly states that spraying perfume on the hand is considered applying ointment. However, the prohibition of anointing would seem to apply only to something that is meant to nourish the skin, in which case it would pertain neither to perfume nor to deodorant. Therefore, it seems, the relevant concern is only of washing. Interestingly, Ḥida permits kohanim to wash their hands in water to which rose water has been added for fragrance (Ḥayim She’al 1:74). We see that the fact that something makes a person smell good is not intrinsically prohibited. Therefore, if deodorant leaves enough residue that it could wet something else, it may not be used, as it constitutes washing. However, if it is not that wet, and the goal is simply to remove a bad odor, it is permitted. (This would seem to be the opinion of R. Shlomo Zalman Auerbach in Halikhot Shlomo, Bein Ha-metzarim, ch. 14 n. 56, and is quoted in his name by R. Ovadia Yosef in Ḥazon Ovadia: Arba Ta’aniyot, p. 295, and by R. Avigdor Nebenzahl in Yerushalayim Be-mo’adeha: Bein Ha-metzarim, p. 274.) It seems to me that if a woman is worried that not using perfume will make her smell bad and repel her husband, she may use perfume or roll-on deodorant. Spray deodorant, which does not leave enough residue to wet something else, may also be used on Yom Kippur. However, stick deodorant is prohibited, because applying it is considered spreading (Peninei Halakha: Shabbat 14:5 n. 3).

    05. Wearing Shoes

    Neither shoes nor sandals may be worn on Yom Kippur. In the past, these were generally made of leather, because people did not know how to craft strong, durable, and flexible shoes from other materials. Shoes made of cork, rubber, or wood were often used at home, as slippers, and poor people, who would normally go barefoot, would sometimes wear them outdoors. The question arises: May one wear non-leather footwear on Yom Kippur?

    Some Rishonim forbid walking in wooden shoes, because one walking in them does not feel the roughness of the ground beneath his feet. However, they permit cork and rubber shoes, because one walking in them feels the roughness of the ground and suffers accordingly (Rashi; Rambam; Tosafot; Rabbeinu Yeruḥam).

    Other Rishonim permit wearing all non-leather shoes. They maintain that, by definition, non-leather footwear cannot be shoes. Rather, such “shoes” are just items of clothing, and as such they may be worn on Yom Kippur (Ramban; Rosh; Rashba). Indeed, most Aḥaronim rule this way in practice (SA 614:2).

    However, it seems clear that this view presumes a reality in which non-leather shoes were uncomfortable for walking, and thus it could be claimed that these were not considered proper shoes. Nowadays, however, when manufacturers commonly produce high-quality non-leather shoes, one may not wear shoes of any material on Yom Kippur if it is a kind of shoe that people would wear year-round to walk on rocky and rough terrain.

    A generation ago, when it was still uncommon to find high-quality shoes made from other materials, some poskim permitted walking in comfortable shoes as long as they were not made from leather or synthetic leather. However, with the passage of time, excellent non-leather shoes are becoming more and more readily available, so the numbers of those who permit wearing such shoes on Yom Kippur are decreasing.

    Therefore, one may not wear non-leather shoes on Yom Kippur if they are worn year-round on rocky or rough terrain, regardless of what material they are made from. Thus, footwear such as “Crocs,” “Keds,” and “All-stars” may not be worn on Yom Kippur. One may wear cloth slippers or basic rubber shoes, however, since they are not normally worn on rough terrain. Nevertheless, since some poskim are still permissive and permit non-leather shoes, one should not object if someone else relies on them.[7]


    [7]. Yoma 78b states that several Amora’im permit walking in cork shoes and the like. Following these statements, a mishna is cited which considers a wooden leg to be a shoe. The Gemara explains that a wooden shoe is prohibited, while a cork shoe and the like is permitted. This is the position of Rashi, Tosafot, Itur, and Rabbeinu Yeruḥam. The rationale is that wooden shoes are strong and protect the feet, whereas cork shoes and the like do not properly protect the feet. Therefore, they are not considered shoes. Rambam writes something similar when speaking about cork and rubber shoes: “For his feet sense the hardness of the ground, and he feels like he is barefoot” (MT, Laws of Resting on the Tenth 3:7). Several Aḥaronim adopt this opinion, including Panim Me’irot 2:28, Ḥida, and Vilna Gaon, who all state that one may not wear shoes if they keep him from sensing the hardness of the ground. (Ba’al Ha-Ma’or, though, maintains that there is no difference between cork shoes and wooden shoes. The only thing he permits is wrapping cloth around the feet.) In contrast, Ramban writes that only a shoe made of leather is considered a shoe, following the opinion of R. Yoḥanan ben Nuri (Shabbat 66a). A shoe made of any other material is not deemed a shoe, and thus may be worn on Yom Kippur. This is the position of Rosh, Rashba, Ritva, and Me’iri, and this is how they understand the Rif. This is also the ruling in SA 614:2. Most Aḥaronim (including Zera Emet and Responsa Maharshag) follow SA. Indeed, this was the common ruling. MB 614:5 states that although most poskim agree that a non-leather shoe is considered simply an item of clothing and may be worn, and those who are lenient should therefore not be rebuked, nevertheless, since some poskim are stringent about any shoe that protects the foot well, those who can should be stringent and simply wear thick socks or slippers, as was common practice. Most contemporary poskim agree that while it is permitted to wear non-leather shoes, it is proper to be stringent and avoid wearing them if they are comfortable and protect the wearer from feeling the roughness of the ground. This is the view of Halikhot Shlomo 5:16-17 and R. Eliyahu in Hilkhot Ḥagim 45:38-39. Ḥazon Ovadia, p. 313, is lenient even le-khatḥila.

    It seems clear, however, that those who were lenient in the past assumed that no material could compete with leather in terms of durability, strength, and flexibility. All the substitutes were either cloth used as slippers or extremely low-quality shoes that only the poor would wear sometimes, as the poor usually went barefoot. They would wrap their feet for protection only if they had injured a foot or if they had to traverse particularly rough terrain. It is this type of “shoe” that the Amora’im and Rishonim argued about. Those who were stringent forbade wearing these shoes since they did offer a degree of protection. Those who were lenient permitted them because they were not comfortable to walk in and people did not generally do so. For example, Ritva on Shabbat 66a writes explicitly that he permitted wooden shoes because they were not normally worn. Ran, too, (Yoma 2b) offers this as the reason for the lenient position. Other Rishonim state that any shoe worn throughout the year may not be worn on Yom Kippur (Yere’im §420; Tosafot, Yevamot 103a, s.v. “be-anpilya”). Maharshag writes that we rule leniently when it comes to non-leather shoes, because quality shoes that people regularly wear are usually made of leather. Therefore, even in the rare case of good shoes that are made of another material, they may be worn (Responsa Maharshag 2:110). However, now that shoes are made from a variety of materials, Maharshag, too, would be stringent.

    To summarize, it seems to me that there would be no disagreement among the Rishonim about shoes nowadays; all would agree that if the shoes are good quality and worn year-round, they may not be worn on Yom Kippur. Indeed, this is the ruling of R. Ariel (Ohala Shel Torah 2:81) and R. Elyashiv (cited in Hilkhot Ḥag Be-ḥag 22:25). It seems that as time goes on and people get more used to wearing shoes made from a variety of materials, more poskim are stringent and consider all of them as shoes. The law as it applies to flip-flops, Crocs, and the like is a bit unclear. On the one hand, many people do wear them in the street. However, it seems that the criterion to determine whether they are prohibited is whether people wear them on rough terrain. If almost no one wears them in such areas, they may be worn on Yom Kippur. (True, according to Baḥ one must walk barefoot, but we do not take his opinion into account.)

    Perhaps we can justify the position of those who are lenient and wear good non-leather shoes. They may be following the view of the Rishonim who maintain that the prohibition on wearing shoes is a rabbinic enactment limited to leather. So even if nowadays all would agree that a non-leather shoe is good and sturdy, it does not become prohibited, as we do not make new enactments. Additionally, shoes made of leather are still considered to be of a higher quality than those made of any other material. Finally, Arizal offers a kabbalistic explanation for the prohibition, related to the “garments of leather” that God gave to Adam and Ḥava to appease their animal souls (Pri Etz Ḥayim, Sha’ar Yom Ha-kippurim, ch. 4). This rationale would not apply to non-leather shoes. Nevertheless, it seems to me that there is no room for leniency, and the prohibition applies to all shoes worn outside on rough terrain, whether or not they are leather.

    06. When Wearing Shoes Is Permitted

    Sick people and postpartum women who are liable to catch a cold if they walk barefoot on the ground may wear leather shoes (SA 614:3).

    One who is walking in an area where there is concern for scorpions and the like may wear leather shoes. Likewise, one who is walking in a muddy place may wear his regular shoes to avoid soiling his feet. A soldier on active duty may wear army boots (SA 614:4). The reason for these leniencies is that wearing shoes is prohibited only if one wears them for the sake of comfortable walking. When there is different reason for wearing them, however, the prohibition does not apply.

    One who needs orthotic shoe inserts and suffers greatly without them may insert them into slippers or thin rubber shoes and use them on Yom Kippur, because orthotics are not worn for pleasure, but to alleviate terrible pain (Ḥelkat Ya’akov 2:83).[8]


    [8]. R. Mordechai Yaakov Breisch (Ḥelkat Ya’akov 2:83) permits people who suffer greatly without orthotics to use them in a cloth or rubber shoe, even if the orthotics themselves are covered in leather. Such a person is like a squeamish person (“istenis”) walking in a filthy place, who may wear shoes, as he is not doing so for pleasure (Rema 614:4). Furthermore, orthotics are not part of the shoe, so wearing them is like standing on a leather pillow, which is permissible (Rema 614:2; MB ad loc. 9). SSK 39:37 and Nishmat Avraham 614:4 rule this way as well. In contrast, Ḥut Ha-shani (p. 137) is uncertain: perhaps orthotics should be considered part of the shoe. Nevertheless, he permits them for those who would otherwise be unable to walk. In practice, those who suffer greatly without orthotics may wear leather inserts. They should put them in simple rubber shoes not normally worn outside. If the orthotics are not made of leather, one may be lenient even if he does not suffer greatly.

    07. Marital Relations

    The fifth form of deprivation is abstaining from marital relations. To ensure that no one comes to sin, married couples should behave as they do during nidda times: They should not touch one another and should sleep in separate beds (SA 615:1; MB ad loc. 1).[9]

    Several Ashkenazic Rishonim write that on the day before Yom Kippur, men should avoid foods likely to cause a nocturnal seminal emission (Rema 608:4). Nowadays, doctors do not know which foods cause this, so it is not necessary to avoid any particular foods. Young men should avoid sleeping in positions which they know are likely to lead to a nocturnal emission. Many recite the first four chapters of Tehilim before they go to sleep, in the hope that the merit of this recitation will help prevent a nocturnal emission (MB 619:14).


    [9]. Taz maintains that nidda restrictions must be followed only on the night of Yom Kippur. However, SA 615:1 does not distinguish between day and night, nor do MB (ad loc. 1 based on MA), Eliya Rabba, Birkei Yosef, SAH, and Ḥayei Adam (who are all stringent regarding both). Nevertheless, when necessary, one may be lenient during the day (Elef La-mateh ad loc. 1; Ben Ish Ḥai, Vayelekh §15). Thus, a couple may serve as kvaterim at a brit mila on Yom Kippur, even though this involves the wife passing the baby to her husband (Halikhot Shlomo 5:22).

    08. Children

    Once children reach the age of ḥinukh – the age when they can understand the mitzvot of Yom Kippur – we teach them not to wash, apply ointment, or wear shoes on Yom Kippur. Generally, children reach this stage at the age of five or six. Some go beyond this and make sure their children do not wear shoes from the age of three.

    In addition to the mitzva to train children to keep the mitzvot of the day, it is also forbidden for adults to cause children (even day-old babies) to transgress. Just as adults may not feed children insects or blood, or cause a young kohen to become impure, so too, it is forbidden for adults to wash children, apply ointment to them, or put shoes on them (Peninei Halakha: Shabbat 24:2). However, if there is a certain degree of medical need, one may wash a child and apply ointment. These do not fall under the prohibition of taking medicine (which is a rabbinic prohibition on Shabbat and Yom Tov), because the Sages permitted undertaking these activities for a child who is sick or experiencing discomfort (ibid. 24:6). Similarly, if a child is likely to hurt himself going barefoot, an adult may put on his shoes for him.

    In terms of fasting, we do not train children who are only five or six to do so, because they are not strong enough, and fasting may be harmful to them. Therefore, we wait until the age of nine. At that point, healthy children are encouraged to fast part of the day. For example, if they generally eat breakfast at eight in the morning, they should wait until the afternoon to eat. Weaker children should begin fasting at age ten rather than nine.

    From the age of eleven, children should be encouraged to fast the whole day. If they are weak, they can be lenient and fast only half the day.

    Girls from the age of twelve have a Torah obligation to fast, while boys have a rabbinic one. Even a twelve-year-old boy who is weak should make an effort to fast the whole day. If he is sick (even if not deathly ill), he is not obligated to fast, since he is not yet thirteen. Nevertheless, he should try to fast until the afternoon. From the age of thirteen, boys, too, have a Torah obligation to fast.[10]

    Many encourage younger children who have reached the age of ḥinukh to fast through the night. Even though some object to this stringency, many follow it in order to train the children to participate a little in the fast. However, if the children ask to eat or drink, they should be fed (Elef Ha-magen 616:5).

    Many maintain that before the age of nine, children should not be allowed to fast at all during the day, lest they endanger themselves (Rema 616:2). However, most children want to fast for a few hours even before they turn nine. Since doctors do not feel that this is dangerous, most people let them fast during the morning. We are not required to try to stop this custom (Eshel Avraham [Buczacz], based on Rashi).


    [10]. Three practical opinions on the topic of minors fasting emerge from the Mishna and Gemara on Yoma 82a. According to Rosh and Or Zaru’a, we begin training children to fast for part of the day, starting four years before they will become obligated to fast. Two years before they become obligated, they should be encouraged to fast the entire day. If they are weak, the training should begin a year later. Therefore, a girl, who is obligated to begin fasting at age twelve, starts fasting at age eight (following R. Huna); a boy, who is obligated to begin fasting at thirteen, starts at nine (following R. Naḥman).

    According to Rif, Rambam, and SA 616:2, there is no difference in the age at which boys and girls begin training for the fast. Healthy children start fasting part of the day at the age of nine, and weaker ones start at ten. By the age of eleven, all healthy children are encouraged to fast a full day. Only children who are sickly should wait to fast until their Torah obligation sets in. (This second position follows a different understanding of R. Naḥman.)

    Others follow R. Yoḥanan, who maintains that we never train minors to fast a whole day. Only when their Torah obligation sets in do they fast a full day. Training to fast part of the day begins two years before halakhic adulthood. This is the position of R. Yitzḥak ibn Gi’at, Roke’aḥ, and Yere’im, as well as AHS 616:17 and Halikhot Shlomo 6:14. Eliya Rabba suggests that the reason that le-khatḥila, children should not fast for a full day until they reach majority, is that all children are considered sick. In contrast, Terumat Ha-deshen and Rema state that we rely upon R. Yoḥanan only if a minor is weak and not strong enough to fast.

    MB 616:9 cites the various positions. R. Eliyahu in Ma’amar Mordekhai Le-mo’adim U-leyamim 45:49 writes that minors should be encouraged to follow the ruling of SA. This is what I write above. The exception is an eleven-year-old who is weak, where I follow the lenient position, as this is the common practice.

    01. The Kodesh Ha-kodashim and Yom Kippur

    The Temple in Jerusalem was where all divine values were revealed, and from it they flowed forth to the rest of the world. The Sanctuary (heikhal) was comprised of an entrance hall (ulam) and two chambers. The outer chamber, called the Holy (Kodesh), contained the menora (candelabrum), symbolizing wisdom; the shulḥan (table), symbolizing material sustenance and wealth; and the mizbaḥ ha-ketoret (incense altar), symbolizing prayer and the yearning to be close to God. The inner chamber, called the Holy of Holies (Kodesh Ha-kodashim), is where the basis of faith and Torah are revealed. In other words, it is there that the divine foundation of the Torah and the holiness of the congregation of Israel illuminate, and through their light, God animates the entire world. For this reason, the Kodesh Ha-kodashim housed the Ark of the Covenant, which contained the stone tablets (luḥot) that Moshe received at Mount Sinai and the Torah scroll he wrote. Atop the Ark was the kaporet (golden cover), with two cherubs rising from it, symbolizing the covenantal relationship and love between God and Israel. The location of the Kodesh Ha-kodashim within Jerusalem was atop the Foundation Stone (Even Ha-shetiya), which, our Sages tell us, was the rock from which the world was created (Yoma 54b). A parokhet (curtain) separated the Kodesh from the Kodesh Ha-kodashim, to demarcate different levels of holiness. For the sanctity of the Kodesh derives from that of the Kodesh Ha-kodashim. Without a separation, the light emanating from the Kodesh Ha-kodashim would have ascended directly to heaven, preventing it from radiating light and blessing to the Kodesh, and from there to the entire world.

    Although people were not permitted to enter the Kodesh Ha-kodashim, nevertheless, by the light of the Shekhina (Divine Presence) which radiated from it, Israel and the whole world could return to God, correct their sins, and channel their prayers to God, as expressed in King Shlomo’s prayer at the Temple’s dedication. (See 1 Melakhim, ch. 8.)

    Even after the Temple’s destruction and the ensuing exile, a trace of the Divine Presence never budged from the Kodesh Ha-kodashim. The longing and yearning of the Jewish people for the Divine Presence to dwell among them in Eretz Yisrael guarantees that the redemption will arrive. Then, God’s name will be sanctified over Israel, His people; Jerusalem, His city; Zion, the home of His glory; the kingship of the house of David, His anointed one; and His home, the Temple. God alone will rule over all His creations.

    The location of the Kodesh Ha-kodashim is exalted so that no person may set foot there. Anyone who enters there is liable to death at the hands of heaven, as we read, “The Lord said to Moshe: Tell your brother Aharon that he is not to come at will into the Kodesh, beyond the parokhet, in front of the kaporet that is upon the Ark, lest he die; for I appear in the cloud over the kaporet” (Vayikra 16:2). The only person ever permitted to enter the Kodesh Ha-kodashim was the Kohen Gadol on the holy and awesome day of Yom Kippur. He would enter in a cloud of incense (section 7 below) to perform the day’s avoda (Temple service) on behalf of all Israel, as it is written, “Thus only shall Aharon enter the holy place” (ibid. v. 3). Over the course of Yom Kippur, the Kohen Gadol was required to enter the Kodesh Ha-kodashim four times. But entering a fifth time – even given his lofty position and the sanctity of Yom Kippur – would have made him liable to death at the hands of heaven (MT, Laws of Entering the Temple 2:4).

    02. Yiḥud Elyon and Yiḥud Taḥton: Two Ways That God Governs the World

    To grasp the meaning of the Kohen Gadol’s avoda on Yom Kippur, we must understand that there are two levels to God’s governance (hanhaga) of the world: 1) governance through justice, which corresponds to yiḥud taḥton; 2) governance through unification, which corresponds to yiḥud elyon. (See above, 2:8 n. 4; 7:12; 6:4.) God’s governance of the world through justice is expressed in the laws of reward and punishment He embedded in the world, under which both the natural and spiritual worlds operate. Just as one who neglects to work becomes poor, so too, individuals and communities that choose evil are punished in this world and the next. According to these laws, it seems, at first glance, that human beings are irredeemable, since as a rule they tend to follow the evil urge. Even if there are righteous people, power is generally concentrated in the hands of those who crave power and money, following their evil impulses. It seems that there is no way to redeem the world from suffering. Death, which destroys every living being, will ultimately destroy the world as well.

    Yet there is a higher, hidden way that God governs the world: through unification. This means that God directs all the world’s progress and processes for the good. Goodness will ultimately come even from the evil intentions and actions of despots and other wicked people. This form of governance exists by virtue of Israel, who are bound to God in an eternal covenant, and whose innermost desire is always to improve the world. It is thanks to this mode of divine governance that redemption is assured, as stated in the Torah and the Prophets. However, this hanhaga is hidden and can work only through the hanhaga of justice. Accordingly, how redemption will take place depends on the choices made by Israel. If they choose goodness, redemption will come quickly and painlessly; if they choose evil (God forbid), redemption will be delayed and accompanied by terrible suffering.

    Because the hanhaga of unification is hidden, it is revealed in the Kodesh Ha-kodashim, a place beyond place, whose very existence within the physical world is a miracle. This is the reason one may not enter there. Moreover, an attempt to enter it without permission is fraught with risk, because one who connects with this exalted level is prone to thinking that since all is anyway for the best, it is unnecessary to choose good and overcome the evil impulse. In the dazzling light of the Kodesh Ha-kodashim, one may find justification for pursuing his impulses, claiming that everything is for the best and for the sake of heaven.

    Only the Jewish people collectively can connect to God’s hanhaga of unification, since this hanhaga operates in the world through klal Yisrael, in that all their troubles and suffering cultivates and reveals additional principles of the Torah. However, this is an incomprehensible secret, which is revealed gradually, over the course of time. Therefore, only on the holy and awe-filled day of Yom Kippur, when the Jews abstain from melakha and detach from everything related to this world – eating, drinking, washing, applying cream, wearing shoes, and engaging in marital relations – was the Kohen Gadol able to reach such a lofty level that he could enter the Kodesh Ha-kodashim on behalf of the nation. From there, he was able to draw down purity and atonement for any impurities that may have contaminated the Jewish people superficially. This enabled every individual to repent fully, and thus all Israel could merit a good year, and the world could proceed toward redemption.

    Although the Temple no longer exists, all these exalted properties persist in a scaled-down form, through the sanctity of the day, fasting, and prayers.[1]


    [1]. These two forms of divine governing are generally called yiḥud elyon and yiḥud taḥton, whereas Ramḥal (Da’at Tevunot §134 and elsewhere) calls them governance through law (hanhagat ha-mishpat) and governance through unification (hanhagat ha-yiḥud). See above, 2:8 n. 4, where we explain that the Thirteen Attributes of Mercy are related to yiḥud elyon. In 6:4 above, we point out that the intrinsic power of Yom Kippur is due to yiḥud elyon and governance through unification. Finally, in 7:12 above we use these concepts to shed light on the Yom Kippur custom of reciting “Barukh shem kevod” out loud.

    Ramḥal describes the Kodesh Ha-kodashim as “the place of the powerful light and the tremendous blessing.” Its measurements “extend from the beginning to the end and from the end to the beginning, with twenty [amot] in each direction, so the dimensions of this chamber were twenty by twenty. When we add twenty and twenty, we get forty, which hints at the minimum amount of water required for a mikveh – forty se’ah” (Mishkenei Elyon, ch. 3). In other words, the Kodesh Ha-kodashim purified the Jews like a mikveh. Compare R. Akiva’s exposition in the Mishna, “Happy are you, Israel – for before Whom do you purify yourselves and Who purifies you? Your Father in heaven, as we read…‘God is the hope (mikveh) of Israel’ (Yirmiyahu 17:13). Just as a mikveh purifies the impure, so too, God purifies Israel” (Yoma 85b). Even though we no longer have the Temple, the intrinsic power of Yom Kippur is comparable to the Kodesh Ha-kodashim, while the fasting and praying are comparable to the Kodesh.

    03. The Kohen Gadol

    The function of the kohanim is to connect Israel to their Father in heaven by serving in the Temple, deepening Israel’s faith and kindness, and teaching halakha. To enable the kohanim to devote themselves to this mission and to free them from the need to support themselves, the Torah commands that they be given a variety of donations and gifts. To preserve the sanctity of the kohanim, they may not become tamei by coming into contact with a corpse (except for first-degree relatives). A kohen also may not marry a divorcee or a ḥalala (the daughter of a forbidden kohen relationship, such as a kohen and a divorcee).

    There is a mitzva to appoint the most outstanding kohen to serve as Kohen Gadol. The laws pertaining to him are more restrictive than those pertaining to other kohanim. He is not allowed to mourn (or become tamei) for anyone, even his parents, and he is only allowed to marry a virgin. Once appointed, he was anointed with special oil and dressed in eight vestments designated for him, as the verses state:

    The priest who is exalted above his fellows, on whose head the anointing oil has been poured and who has been ordained to wear the vestments, shall not bare his head or rend his vestments. He shall not go in where there is any dead body; he shall not defile himself even for his father or mother. He shall not go outside the Sanctuary and profane the Sanctuary of his God, for upon him is the distinction of the anointing oil of his God, Mine the Lord’s. (Vayikra 21:10-12)

    The Sanhedrin of seventy-one sages would decide whom to appoint as Kohen Gadol (MT, Laws of the Temple’s Vessels and Its Workers 4:12-15).

    While the other kohanim wore four special vestments when they served in the Temple, the Kohen Gadol added an additional four, for a total of eight. If he performed his duties wearing only seven of them, it invalidated his avoda. Each of the vestments represents a specific idea and helped atone for sins corresponding to that idea. Thus, our Sages tell us:

    The ketonet (tunic) atones for the spilling of blood; the mikhnasayim (breeches) atone for sexual sins; the mitznefet (miter) atones for arrogance; the avnet (sash) atones for sinful thoughts; the ḥoshen (breastplate) atones for injustice; the ephod (apron) atones for idolatry; the me’il (robe) atones for (public) gossip; the tzitz (gold band worn on the Kohen Gadol’s forehead) atones for brazen deeds. (Arakhin 16a).

    The Kohen Gadol must be the most pious of the kohanim, one who follows in the footsteps of Aharon, the first Kohen Gadol, who “loved peace and pursued it; who loved people and drew them closer to Torah” (Avot 1:12). To emphasize his devotion to God, the words “Holy to God” were engraved on the tzitz. To express the Kohen Gadol’s feelings of love and responsibility for klal Yisrael, the names of the patriarchs and tribes of Israel were engraved on the stones of the ḥoshen, which he wore over his heart. The shoulder straps of his ephod also featured two precious stones on which were engraved the names of the tribes (MT, Laws of the Temple’s Vessels and Its Workers 9:1, 7-9). Additionally, the Kohen Gadol had to be superior to others in strength, wisdom, beauty, and wealth. If he possessed all of these except for wealth, his fellow kohanim would give him money, so that he would possess all these attributes (Yoma 18a).

    If a Kohen Gadol was appointed who was neither pious nor virtuous, be-di’avad the appointment was valid, and the laws pertaining to the Kohen Gadol applied to him. However, it should be obvious that the more righteous the Kohen Gadol was, the more successful he would be in his work to draw Israel closer to their heavenly Father.

    The Sages tell us that during the 410 years of the First Temple, eighteen Kohanim Gedolim served. Most of them were righteous, and accordingly were blessed with longevity. In contrast, during the 420 years of the Second Temple, there were over three hundred Kohanim Gedolim. Three of them were righteous and served for extended periods. Almost all the rest were not righteous. They bought their positions from the ruling powers, and their lives were cut short. Thus, we read, “The fear of the Lord prolongs life, while the years of the wicked will be shortened (Mishlei 10:27)” (Yoma 9a).

    The shortcomings of the High Priests during the Second Temple period was harmful to the purity and atonement that Israel could attain on Yom Kippur. Ultimately, the Temple was destroyed, and the Jews went into a prolonged exile.

    04. The Kohen Gadol on Yom Kippur

    During the year, any kohen could perform the avoda, offering the sacrifices and incense, and preparing the menora for lighting. However, due to the great sanctity of Yom Kippur, only the Kohen Gadol was permitted to perform these duties (Yoma 32b; MT, Laws of the Yom Kippur Service 1:2).

    The Kohen Gadol offered three types of sacrifices on Yom Kippur. The first category included the daily temidim – two lambs, one offered in the morning, before the rest of the sacrifices, and the other offered in the afternoon as the last of the day’s sacrifices. This category also included the offering of the incense (which was done on the incense altar twice daily, morning and afternoon), as well as preparing and lighting the menora. The second category was the musaf offerings, akin to those offered on Rosh Ḥodesh and the holidays. On Yom Kippur, these consisted of a bull, a ram, and seven lambs for burnt offerings, plus one goat for a sin offering. The third category was specific to Yom Kippur. It comprised a bull for a sin offering to atone for the Kohen Gadol and the rest of the kohanim, a ram as a burnt offering (both of which the Kohen Gadol paid for himself), and two goats to atone for Israel: one goat was a sin offering, and the other was sent out into the wilderness.

    The Kohen Gadol had to be married while serving on Yom Kippur, as we read, “‘To make expiation for himself and for his household’ (Vayikra 16:6). ‘His household’ refers to his wife” (Yoma 13a). This is despite the Kohen Gadol’s obligation to separate from his wife for a week before Yom Kippur, to purify and sanctify himself in preparation for the avoda. The reason he was required to be married is that someone who is not married is considered incomplete (Yevamot 63a), lacking joy, blessing, goodness, Torah, protection, and peace (ibid. 62b). The Kohen Gadol had to have one wife only; if he had two wives, he was disqualified from serving (Yoma 13a). For only within a monogamous relationship can ideal unity and love be achieved. Once the Kohen Gadol experienced this unity with his wife, he was also able to unite and connect the Jewish people with their Father in heaven.

    An alternate Kohen Gadol was designated; he would step in should the Kohen Gadol become tamei or die (Yoma 2a; MT, Laws of the Yom Kippur Service 1:2-3, and Laws of the Temple’s Vessels and Its Workers 5:10).

    05. The Kohen Gadol’s Yom Kippur Vestments

    The Kohen Gadol wore his eight special vestments when offering the various sacrifices, as he did on all other days. As detailed in Shemot, chapter 28, they were: the ketonet, mikhnasayim, mitznefet, avnet, ḥoshen, ephod, me’il, and tzitz. The ketonet, mikhnasayim, and mitznefet were white, while the other vestments were various colors, some also threaded with gold. (Therefore, they are sometimes called the “golden vestments.”) The ephod and ḥoshen were blue, purple, scarlet, and white, with gold woven in (Shemot 28:6, Rashi ad loc.). The bells on the me’il were made of gold, as were the tzitz, the straps and rings of the ḥoshen, and the ephod. The settings of the stones on the ḥoshen were also made of gold. Thus, the Kohen Gadol’s vestments were rich in color, expressing the spread of sanctity in this very diverse world. Each vestment represented a specific idea and atoned for a corresponding sin (section 3 above). Therefore, if the Kohen Gadol was not wearing every single one of these items, his avoda was compromised and therefore invalid.

    In contrast, for the part of the Yom Kippur avoda performed in the Kodesh Ha-kodashim, he wore only his four white linen vestments, as we read, “Thus only shall Aharon enter the holy place…. He shall be dressed in a sacral linen tunic, with linen breeches next to his flesh, and be girt with a linen sash, and he shall wear a linen miter. They are sacral vestments” (Vayikra 16:3-4). If he performed this avoda while wearing his golden vestments, the avoda was invalid. For the special avoda of Yom Kippur, the Kohen Gadol had to raise himself entirely beyond this-worldly concerns. Even though every aspect of this world has positives, alongside these positives are negatives and sins. To atone for them, he had to raise himself to the level of simple unity, beyond the world’s diversity. This unity is symbolized by the color white (Maharal, Gevurot Hashem, ch. 51, and Netivot Olam, Netiv Ha-Torah ch. 10).

    There is another reason why the Kohen Gadol changed out of his golden vestments before entering the Kodesh Ha-kodashim. “Why doesn’t the Kohen Gadol enter the Kodesh Ha-kodashim on Yom Kippur while wearing his golden vestments? Because the prosecutor cannot become the defender” (Rosh Ha-shana 26a). Gold is the most glorious of metals. This is the reason that Temple items were made of it – to reveal the glory of sanctity in this world. However, along with its glory, gold also leads people to chase after money and desires, as we see from the episode of the Golden Calf. The Sages tell us that it was the wealth and gold that Israel acquired when they left Egypt that led them to follow their evil inclination and look for a physical representation of the divine, which they then worshipped (Berakhot 32a). Therefore, when the Kohen Gadol entered the Kodesh Ha-kodashim to purge any impurity from Israel’s faith, he needed to remove his golden vestments and wear his white vestments instead.

    06. Immersion and Washing the Hands and Feet

    Before a kohen enters the Temple to serve, the Torah commands him to “sanctify” (i.e., wash) his hands and feet, even if he is already tahor. The Sages further require that he immerse his entire body (in accordance with R. Yehuda in Yoma 30a; MT, Laws of the Yom Kippur Service 2:3). He need not wash or immerse again as long as he serves continuously. If he urinates, he must wash his hands and feet again. If he defecates or leaves the Temple environs for a significant amount of time, he must immerse his body and wash his hands and feet again (MT, Laws of Entering the Temple 5:3-5).

    For immersing, there was a mikveh adjacent to the Temple courtyard (azara), and for washing the hands and feet water was used that came out of the faucets affixed to the kiyor (laver), located between the Sanctuary and the outer altar. The kohen would place his right hand on top of his right foot and wash them together, and then place his left hand atop his left foot and wash them together. A kohen who served in the Temple without first washing his hands and feet was liable to punishment by death at the hands of heaven, as we read:

    Make a laver of copper and a stand of copper for it, for washing; and place it between the Ohel Mo’ed (Tent of Encounter) and the altar. Put water in it and let Aharon and his sons wash their hands and feet from it. When they enter the Ohel Mo’ed they shall wash with water, that they may not die; or when they approach the altar to serve, to turn into smoke an offering by fire to the Lord… (Shemot 30:18-20)

    On Yom Kippur, in addition to immersing and washing before beginning the avoda, the Kohen Gadol also had to immerse each time he changed from the golden vestments into the white vestments, and vice versa, as we read, “They are sacred vestments; he shall bathe his body in water and then put them on” (Vayikra 16:4), and “Aharon shall go into the Ohel Mo’ed, take off the linen vestments that he put on when he entered the holy place, and leave them there. He shall bathe his body in water in the holy precinct and put on his vestments…” (ibid. 23-24). Additionally, it is a mitzva from the Torah for the Kohen Gadol to wash his hands and feet twice with each change of vestments: once before removing the old set and once after putting on the new. Thus, the Kohen Gadol immersed five times and washed his hands and feet ten times on Yom Kippur (Yoma 32a). During the year, he used the laver like the rest of the kohanim. On Yom Kippur, in his honor, the water was brought to him, in a golden ewer, so that he would not have to return repeatedly to the laver (Yoma 43b).

    The idea behind immersing is to become pure and to extricate oneself from an existing state to rise to a new, more elevated state. The white vestments were of a higher rank in that they could bring one to a higher, more abstract plane, and the golden vestments were higher in that they revealed sanctity within the full variety of this world. In order to transition to new, higher states, as expressed in the changing of clothes, the Kohen Gadol had to immerse.

    The sanctification (by washing) of the hands and feet was meant to elevate and unite all the energies of the kohanim in service of the divine. The focus was on the hands and feet because they express the actualization of a person’s potential – working with his hands and entrenching his work in the world with his feet. The ten fingers hint at this as well. They correspond to the ten statements with which God created the world (Avot 5:1). Human beings, created in the divine image, use their ten fingers to repair and improve the world.

    On Yom Kippur, the Kohen Gadol had to sanctify his hands and feet twice with each change of clothing. The first time was before removing the vestments he had worn during the most recent avoda, because when a person is privileged to engage in especially holy and uplifting work, it invigorates him and amplifies all his drives, positive and negative. An intense divine light courses through him, protecting him from the amplified desires which might lead him astray. But when he finishes the work, those same desires may snare him. To protect him from them, the Kohen Gadol was commanded to wash his hands and feet before removing the garments. This allowed him to seal in all his energies with holiness, which he tapped into during the avoda. The second time he sanctified his hands and feet was after he put on the new garments. This was to purify all his energies prior to undertaking the next element of the avoda, and to ensure that they were not still preoccupied with his previous avoda (based on Orot Ha-teshuva 14:33).

    07. The Incense

    Alongside the daily tamid sacrifices the kohanim offered each morning and afternoon on the outer (copper) altar, they offered incense on the golden incense altar each morning and afternoon as well. The korban tamid was meant to express the overt bond between God and the Jewish people. Its blood was sprinkled and its limbs burnt on the outer altar, visible to all, thus concretely binding every creature to God. In contrast, the incense expressed the deep inner connection between God and the Jewish people. It was therefore ethereal, expressing the spiritual bond with God, and it was offered on the inner altar, within the Sanctuary.

    The incense was made up of eleven ingredients, finely ground so that they would mix thoroughly and produce an even, pleasant fragrance. This alludes to the idea that fully uniting all the energies of the Jewish people in the service of holiness perfects the world. Ten of the ingredients correspond to the ten levels of holiness which were used in creating the world. The eleventh ingredient was galbanum, which smells bad, corresponding to the negative aspects of the world. However, once the galbanum was ground up and mixed with the other ingredients, not only did it not ruin the incense – it actually improved its fragrance. This teaches us that when all the energies of Israel are united in the service of holiness, the inner positives of Israel’s sinners are revealed; they join with the rest and help repair the world. (See Olat Re’iya, vol. 1, pp. 136-138.)

    On Yom Kippur, the Kohen Gadol had a unique mitzva to perform: offering a handful of incense in the Kodesh Ha-kodashim on behalf of all Israel. It is only for this mitzva that he may enter the Kodesh Ha-kodashim. As we read, “The Lord said to Moshe: Tell your brother Aharon that he is not to come at will into the Kodesh, beyond the parokhet, in front of the kaporet that is upon the Ark, lest he die; for I appear in the cloud over the kaporet” (Vayikra 16:2). Only once the smoke of the incense filled the Kodesh Ha-kodashim could he sprinkle the blood of the bull and goat on the kaporet, to atone for the defilement of the sacred. (See section 10 below.)

    To grasp the meaning of this cloud of incense smoke, one must first realize that this was patterned on how God revealed Himself to Israel – in the opacity of the cloud. Thus, we read, “The cloud covered the mountain. The Glory of the Lord dwelt on Mount Sinai, and the cloud hid it for six days. On the seventh day, He called to Moshe from the midst of the cloud” (Shemot 24:15-16). The cloud connotes an exalted and sublime divine revelation, beyond human comprehension. Yet through the fog and cloud, one can reach an understanding of the divine, albeit only partially, in accordance with his capabilities. Thus, we read that after the Mishkan was completed, “The cloud covered the Ohel Mo’ed and the Presence of the Lord filled the Mishkan. Moshe could not enter the Ohel Mo’ed, because the cloud had settled upon it and the Presence of the Lord filled the Mishkan” (Shemot 40:34-35). Similarly, when the First Temple was dedicated, we read, “The kohanim brought the Ark of the Lord’s Covenant to its place underneath the wings of the keruvim, in the Shrine of the House, in the Kodesh Ha-kodashim…. When the kohanim came out of the Kodesh, the cloud had filled the House of the Lord, and the kohanim were unable to stand and serve because of the cloud, for the Presence of the Lord filled the House of the Lord” (1 Melakhim 8:6, 11). First was a sublime, exalted revelation that no human being could endure, and only afterward, from within the cloud and fog, would the divine idea become revealed gradually, according to the abilities of the kohanim.

    The incense offered by the Kohen Gadol on Yom Kippur in the Kodesh Ha-kodashim expressed the connection of all Israel with perfect faith, rooted in what lies beyond comprehension. Its first manifestation is hidden and concealed by the opacity of the cloud, but from within the cloud it gradually becomes clearer, in accordance with our ability to grasp it. Understanding this, the Kohen Gadol could enter the Kodesh Ha-kodashim to achieve atonement for all Israel.

    08. The Procedure for Offering Incense on Yom Kippur

    The procedure of this mitzva is as follows: The Kohen Gadol entered the Kodesh Ha-kodashim with a panful of glowing coals and a ladle of incense. In the Kodesh Ha-kodashim, he scooped out two handfuls of incense which he placed on the coals. The smoke rose up, mushroomed, spread out through the Kodesh Ha-kodashim, and ultimately concealed the kaporet, as we read, “He shall take a panful of glowing coals scooped from the altar before the Lord, and two handfuls of finely ground aromatic incense, and bring this beyond the parokhet. He shall put the incense on the fire before the Lord, so that the cloud from the incense screens the kaporet that is over [the Ark of] the Covenant, lest he die” (Vayikra 16:12-13). This indicates that even the holiest member of Israel could not comprehend God as He truly is. The Shekhina appears only within smoke and fog, and through the fog, the divine idea is progressively revealed. Therefore, the Kohen Gadol first had to offer incense in the Kodesh Ha-kodashim, and only once the Kodesh Ha-kodashim filled with smoke could he fulfill the mitzva (Yoma 53a).

    Since the incense expressed the deep bond between God and the souls of Israel, the firepan of incense remained in the Kodesh Ha-kodashim until the day’s avoda was completed. That entire time, its smoke continued to rise. Upon completion of the avoda, the Kohen Gadol entered the Kodesh Ha-kodashim on behalf of all of Israel, picked up the shovel, and departed.

    The Kohen Gadol offered two handfuls of incense, no more and no less (ibid. 48a), alluding to the idea that all his actions and intentions were devoted to klal Yisrael. The Sages tell us that scooping a handful of incense out of the ladle without spilling a single grain was among the hardest jobs in the Temple (ibid. 49b). This alludes to the idea that the Kohen Gadol must try to bind all the energies of Israel to the Kodesh Ha-kodashim without losing even a single spark.

    The daily incense was finely ground, but the incense offered by the Kohen Gadol in the Kodesh Ha-kodashim on Yom Kippur was pulverized further to make it superfine. Grinding enables the unification of all the individual particles, and the incense offered in the Kodesh Ha-kodashim had to express a deeper unity.

    09. The Two Goats and the Bull

    The Yom Kippur avoda includes an astonishing aspect. The bull and one goat, the only offerings of the entire year whose blood was sprinkled in the Kodesh Ha-kodashim, atoned for tum’a (impurity) of the Temple and its offerings – that is, for someone who knew he was tamei and nevertheless entered the Temple or ate sacrificial meat. The bull atoned for kohanim, while the goat atoned for the rest of the people. The other goat – the “scapegoat” that was cast away in the wilderness – atoned for all other sins. How could it be that the bull and goat, whose blood was sprinkled in the Kodesh Ha-kodashim, atoned for only one sin, while the scapegoat atoned for all other sins?[2]

    This reflects a very deep and important concept. The root of all sin is a lack of faith, a defect in one’s connection with his Creator, the Source of life. The Temple and its sacrifices manifest faith in the world. Therefore, atonement was primarily dependent upon repairing faith at its root, in the Kodesh Ha-kodashim. After faith itself is purged of its impurities, all other sins fall away from a person, because he reconnects with God, yearns to cling to Torah and mitzvot, and understands that all his sins were mistakes, stemming from external temptations. His sins are no longer his. They are consigned to oblivion, sent to Azazel.

    The goat sacrificed to God atoned for Israel’s sins of defiling the Temple, but the kohanim, who were responsible for preserving the bond between the Jewish people and God, needed additional atonement, so their offering was larger – a bull as a sin offering. It was also offered first, because the Kohen Gadol had to achieve atonement for any sacrilege that he or his fellow kohanim may have committed before he could achieve atonement for Israel’s defilement of the Temple and its offerings. About this, we read:

    He shall take some of the blood from the bull and sprinkle it with his finger over the kaporet on the east side; and in front of the kaporet he shall sprinkle some of the blood with his finger seven times. He shall then slaughter the people’s goat of sin offering, bring its blood beyond the parokhet, and do with its blood as he has done with the blood of the bull: he shall sprinkle it over the kaporet and in front of the kaporet. Thus he shall atone for the Kodesh from the impurity and transgression of the Israelites, whatever their sins; and he shall do the same for the Ohel Mo’ed, which abides with them in the midst of their impurity…. He shall go out to the altar that is before the Lord and atone for it. (Vayikra 16:14-18)

    After the Kohen Gadol atoned for impurity in the Temple, all the rest of the sins fell away, and he could cast them away to Azazel in the wilderness. Thus, we read:

    When he has finished atoning for the Kodesh, the Ohel Mo’ed, and the altar, the live goat shall be brought forward (which was waiting to be sent off). Aharon shall lay both his hands upon the head of the live goat and confess over it all the iniquities and transgressions of the Israelites, whatever their sins, putting them on the head of the goat; and it shall be sent off to the wilderness through a designated man. Thus the goat shall carry on it all their iniquities to an inaccessible region; and the goat shall be cast away in the wilderness. (ibid. 20-22)


    [2]. The bull atoned for the kohanim for any defilement of the Temple or sacrifices. According to R. Yehuda (m. Shevu’ot 2:2), the scapegoat atones for all the other sins of the kohanim and the entire nation. Rambam writes this as well (MT, Laws of Sin and Guilt Offerings 11:9; and implies it in Laws of Repentance 1:2) as does Me’iri (Ḥibur Ha-teshuva 1:2). However, according to R. Shimon, all the sins of the kohanim are forgiven with the sacrifice of the bull. Radbaz (4:1108) maintains this as well, as does Rabbi Ḥizkiya da Silva (author of Pri Ḥadash) in his work Mayim Ḥayim.

    10. Defective Faith

    Many offerings are meant to atone for defilement of the Temple and its sacrifices. On every Rosh Ḥodesh and festival, we are commanded to offer a goat as a sin offering for this purpose. These sin offerings atoned for one who entered the Temple or ate from sacrifices and never knew that he was tamei. It did not atone for someone who later became aware of his impurity; that was achieved by the goat offered as a sin offering on the outside altar on Yom Kippur. Even this offering, however, did not atone for one who intentionally entered the Temple or ate from an offering, knowing that he was impure. This was atoned for by the bull and goat whose blood was sprinkled in the Kodesh Ha-kodashim. The bull atoned for the kohanim, while the goat atoned for the rest of Israel.

    In any case, all the communal sin offerings of goats offered on Rosh Ḥodesh and festivals atoned for defilement of the Temple and sacrifices. Thus, our Sages state:

    The defilement of the Temple and its sacrifices is more severe than all the sins in the Torah. All the sins in the Torah can be forgiven with one goat (which is sent to Azazel), while the impurity of the Temple and its sacrifices requires thirty-two goats (offered on Rosh Ḥodesh, festivals, and Yom Kippur) to atone for it. Furthermore, all the sins in the Torah are atoned for once a year (through the scapegoat), while the defilement of the Temple and its sacrifices is atoned for every month, as we read, “Assuredly, as I live – said the Lord God – because you defiled My Temple with all your detestable things and all your abominations, I in turn will shear [you] away and show no pity. I in turn will show no compassion” (Yeḥezkel 5:11). Abominable and repugnant sins were bad enough, but defiling the Temple and the sacrifices was worst of all. (Tosefta, Shevu’ot 1:3)

    Let us now elaborate: The sin of defiling the Temple and its sacrifices indicates defective faith, from which all other sins and abominations stem. For when a person’s faith is pure, free of any defect and imperfection, he clings to God’s attributes, and the life within him prevails. His every desire is directed toward increasing life and blessing to the world in accordance with the Torah’s guidance; his evil impulse cannot overcome him. However, when his faith is defective, there is a gap between his desires and faith, corresponding to its defects. He imagines that in order to enjoy life he must act against the Torah’s guidance; his evil impulse overpowers him, causing him to sin.

    One might say that erroneous ideas about faith are akin to entering the Temple while impure. Thinking about faith is like entering sacred precincts, and when one’s understanding of faith is flawed and defective, whether because he did not study Torah properly or because of bad character, he is entering the Temple of faith while impure. If he then acts upon his mistaken beliefs, he is like someone who eats from the sacrificial meat while impure.

    There are several gradations of mistaken beliefs. Generally, a person acts according to what he believes, without realizing that his faith lacks clarity. This is atoned for by the goats offered on Rosh Ḥodesh and the festivals. Sometimes, one is not aware of the contradictions and defects in his faith, but after he has acted upon them, he knows that he has not yet properly clarified his faith. He needs a more serious atonement, which is provided by the sin offering of the goat on the outer altar on Yom Kippur.

    At some point, every person reaches a situation that inspires him to think about his life’s purpose, its meaning, and his mission in the world. If, despite one’s awareness that his faith lacks the proper clarity, he continues in his habits, without trying to understand Torah more deeply, to improve his character traits, and to clarify his beliefs, he is like an impure person who enters the Temple knowingly. If he continues on his familiar path, based on his defective faith, without engaging in soul-searching, he is like someone impure who eats from the sacrificial meat knowingly. This is the most terrible sin, because it leads to the destruction of his spiritual world. A divine light suddenly illuminated his soul, for a moment he entered the Temple within his soul, but instead of taking this opportunity to purify himself, clarify his faith, and redirect his life, he chose to remain impure and to continue with his routine. Therefore, only the sprinkling of the blood of the bull and the goat in the Kodesh Ha-kodashim, together with repentance, can atone for him.

    11. The Procedure of Atoning for the Temple

    There are three stages in the process of sprinkling the blood of the bull and the goat to “atone for the Kodesh from the impurity and transgression of the Israelites, whatever their sins.”

    Atonement begins in the Kodesh Ha-kodashim – that is, by repairing the root of faith, the “yiḥud elyon” associated with the eternal covenant between God and the Jewish people. It is due to this covenant that redemption does not depend on repentance, for God guides the world toward redemption. People’s choices cannot change this; they can only influence the way in which the redemption will arrive – pleasantly or painfully (as explained in 6:4 above). This corresponds to the unique aspect of the Kodesh Ha-kodashim, whose existence in this world is miraculous, as it links the eternal with the present, the upper worlds with this one.

    The Kohen Gadol stood facing the two poles of the Ark and sprinkled the blood toward it and the kaporet – once upward and seven times downward. He sprinkled the bull’s blood first, followed by the goat’s blood. The sprinkling of blood expresses our devotion to our covenantal bond with God, for blood is life; the blood of the bull represented the blood of the kohanim and the Kohen Gadol, while the blood of the goat represented the blood of Israel.

    All the sprinklings were toward the golden kaporet that covered the Ark, which contained the Torah and mitzvot. The keruvim on the kaporet expressed the covenantal bond between God and Israel. It was called “kaporet,” which is etymologically related to kapara (atonement), as it indicates that all of Israel’s actions ultimately reveal faith and divine governance. Even when Israel violates the Torah and is punished, everything will turn out to be for the best; everything will be radiant like gold. When one taps into this level, even the most severe sins of faith are atoned for.

    The Kohen Gadol had to count the sprinklings aloud. “And this is how he would count: ‘One. One and one. One and two. One and three. One and four. One and five. One and six. One and seven’” (m. Yoma 5:4). The first sprinkling was upward, to connect with the singular root of faith, the eternal covenant between God and Israel. The other seven sprinklings were downward, to draw down the power of faith and the covenant, thus enabling it to infuse the seven facets of the world, which was created in seven days – so that faith and the covenant, which are the root of redemption, can manifest in the world pleasantly and peacefully, without suffering. The Kohen Gadol always repeated the initial count of one sprinkling upward before each of the seven sprinklings downward, because all seven facets of the world must be connected to the heavenly root of faith, from which they stem.

    After sprinkling toward the kaporet in the Kodesh Ha-kodashim, the Kohen Gadol went out to the Kodesh and sprinkled toward the parokhet that separated the Kodesh from the Kodesh Ha-kodashim, once upward and seven times downward, first with the blood of the bull, which atoned for him and the rest of the kohanim, then with the blood of the goat, which atoned for all Israel. This atonement in the Kodesh corresponded to faith on the level of yiḥud taḥton, i.e., that which appears to us through the hanhaga of justice, which hinges on our actions. (See above, section 2.) This hanhaga stems from the most high covenant, hidden in the Kodesh Ha-kodashim and corresponding to yiḥud elyon and the hanhaga of yiḥud, but its manifestation depends on our choices. If we choose good, goodness and blessing will abound; if we choose evil, good will be minimized while suffering is maximized. The Kohen Gadol first sprinkled upward, in order to connect us and dedicate us to faith in God, Who watches over Israel at all times. Then he sprinkled downward seven times, so that faith in divine providence would be drawn down into all aspects of the lives of each and every one of us.

    The atonement process continued at the incense altar, as we read:

    He shall go out to the altar that is before the Lord and atone for it: He shall take some of the blood of the bull and of the goat and apply it to each of the horns of the altar; and the rest of the blood he shall sprinkle on it with his finger seven times. Thus he shall purify it of the impurity of the Israelites and consecrate it. (Vayikra 16:18-19)

    The sprinkling on the incense altar was different from that of the two previous locations. It did not involve sprinkling once upward and seven times downward because the purpose of this atonement was not to draw faith from the upper worlds down to this one, but the opposite; it was to gather up and elevate all the different tendencies in the hearts of Israel and direct them toward complete faith. For every deficiency of faith has a negative impact on people’s character traits, leading them to be angry, dispirited, arrogant, or lecherous.

    The sprinklings of the blood on the four corners of the altar, representing the ingathering of faithful yearnings from the four cardinal directions, and seven times on the altar itself, representing the binding together of the seven primary character traits of the heart, link these elements to the eternal covenant that God made with us and our ancestors, as well as to faith in divine providence over us. To unify all these aspects and direct them toward complete faith, the Kohen Gadol had to mix together the blood of the bull and the goat. He then used this mixture to sprinkle the four corners of the altar, and the altar itself seven times.

    12. The Two Goats

    Now that we have explored the meaning of the atonement achieved by sprinkling the blood, let us explain the mitzva of the two goats, through which the primary atonement of Yom Kippur is achieved, by examining the pertinent verses: “From the Israelite community he shall take two he-goats for a sin offering” (Vayikra 16:5). The Sages explain that the two goats are introduced together to teach that they must be of identical appearance, size, and worth (Shevu’ot 13b). The casting of lots would determine which goat was sacrificed to God and which was sent to Azazel; divine providence is most readily apparent in what seems like fate.

    Before casting the lots, the Kohen Gadol had to purify himself. Thus, he leaned on the bull designated as his sin offering and confessed his sins and his wife’s sins. Then:

    Aharon shall take the two he-goats and let them stand before the Lord at the entrance of the Ohel Mo’ed; and he shall place lots upon the two goats, one marked “for the Lord” and the other marked “for Azazel.” Aharon shall bring forward the goat designated by lot for the Lord, which he is to offer as a sin offering [i.e., he brought it to the place designated for the slaughter of sin offerings]; while the goat designated by lot for Azazel shall be left standing alive before the Lord, to make atonement with it and to send it off to the wilderness for Azazel. (Vayikra 16:7-10)

    The Kohen Gadol again approached the bull designated as his sin offering, leaned on it, and confessed the sins of the rest of the kohanim. He then slaughtered the bull so he could sprinkle its blood in the Kodesh Ha-kodashim. However, to permit his entry into the Kodesh Ha-kodashim, it was first necessary to burn the incense there, expressing thereby the covenantal bond between God and Israel. After offering the incense, the Kohen Gadol sprinkled the bull’s blood in the Kodesh Ha-kodashim. He then returned to the goat designated for God, slaughtered it, and sprinkled its blood in the Kodesh Ha-kodashim to atone for the defilement of the Temple and its sacrifices. As the Torah describes:

    He shall then slaughter the people’s goat of sin offering, bring its blood beyond the parokhet, and do with its blood as he has done with the blood of the bull: he shall sprinkle it over the kaporet [i.e., one upward] and in front of the kaporet [seven downward]. Thus he shall atone for the Kodesh from the impurity and transgression of the Israelites, whatever their sins; and he shall do the same for the Ohel Mo’ed, which abides with them in the midst of their impurity [by sprinkling blood on the parokhet]. When he goes in to make atonement in the Kodesh, nobody else shall be in the Ohel Mo’ed until he comes out. When he has atoned for himself and his household, and for the whole congregation of Israel, he shall go out to the altar that is before the Lord [i.e., the incense altar] and atone for it: he shall take some of the blood of the bull and of the goat and apply it to each of the horns of the altar; and the rest of the blood he shall sprinkle on it with his finger seven times. Thus he shall purify it of the defilement of the Israelites and consecrate it. (Ibid. 15-19)

    With the completion of the atonement for defiling the Temple and its sacrifices, the soul of Israel was revealed in its purity. It became clear that all the sins clinging to it were due solely to the external influence of the evil impulse. Accordingly, the Kohen Gadol, representing all of Israel, could confess those sins, shake them off, and transfer them onto the scapegoat, which was sent to a desolate, isolated place in the desert. Thus, we read:

    When he has finished atoning for the Kodesh, the Ohel Mo’ed, and the altar, the live goat shall be brought forward. Aharon shall lay both his hands upon the head of the live goat and confess over it all the iniquities and transgressions of the Israelites, whatever their sins, putting them on the head of the goat; and it shall be sent off to the wilderness through a designated man. Thus the goat shall carry on it all their iniquities to an inaccessible region; and the goat shall be cast away in the wilderness. (Ibid. 20-22)

    13. The Meaning of the Scapegoat’s Atonement

    There are two reasons why goats specifically were used for atonement. First, from an interior perspective, goat blood resembles human blood more than that of any other animals. This finds expression in the exceptional vitality of he-goats, and the sprinkling of their blood in the Kodesh Ha-kodashim expresses Israel’s yearning to cling to God devotedly. Second, from an external perspective, goats tend to be wild and destructive. The angel of destructive forces and the guardian angel of the wicked Esav are called “se’ir” – goat – because their specialty is destruction and mayhem. When idolaters wanted to save themselves from destruction or wreak destruction on their enemies, they offered sacrifices to goat-like deities, gods of evil and destruction. Therefore, the Torah warns Israel that they must offer their sacrifices to God alone: “They may offer their sacrifices no more to the goat-demons after whom they stray” (Vayikra 17:7; Ramban on 16:8).

    On the holy and awesome day of Yom Kippur, when the eternal covenant between God and Israel is revealed, and Israel elevate themselves by fasting and refraining from all bodily desires, the Kohen Gadol could enter the Kodesh Ha-kodashim in the name of all Israel and sprinkle the blood of a goat before God, thus expressing the inner desire of all Israel to cleave devotedly to God, His Torah, and His mitzvot. Israel were thereby purified from the defilement of the Temple and its sacrifices. As a result, the kelipot (“husks”) that prevent the light of faith from illuminating their souls were removed. Good and evil, which had been intermingled within them, were now distinct. It became clear that all the sins they had committed were external to them, the result of evil influences that misled them to believe that they would gain by sinning. In truth, these sins wasted their energies, while providing them with no benefit at all. Once evil is separated from good, it loses its power and can no longer lead people astray. For it is only when evil is intermingled with good and life that it can destroy and devastate; when evil is isolated, it returns to its desolate place and fades away. This was expressed in the sending of the scapegoat with Israel’s sins to Azazel in the desert, a desolate and isolated place.

    Another profound idea is expressed through the scapegoat sent to Azazel: It was a gift that God commanded us to send on Yom Kippur to Samael, the angel of destruction and mayhem, who dwells in the desert, a place of desolation and devastation. To make it clear that this was not an act of worship, the Torah emphasizes: “The goat designated by lot for Azazel shall be left standing alive before the Lord, to make atonement with it and to send it off to the wilderness for Azazel” (Vayikra 16:10). We see that the goat stood “before the Lord,” and it was God Who commanded us to send it away in order to atone for Israel. In the formulation of the Midrash:

    Samael said to the Holy One: “Master of all worlds, You gave me power over all the nations of the world, but not over Israel?!” God responded, “You have power over them on Yom Kippur if they have any sin; but if they do not, you have no power over them.” Therefore, we bribe [Samael] on Yom Kippur so that he will not prevent Israel from offering their sacrifice. (Pirkei De-Rabbi Eliezer 46)

    Let us delve deeper into this. All year long we struggle with the evil impulse, but on Yom Kippur, when the Kohen Gadol enters the Kodesh Ha-kodashim to bind all Israel to the root of faith, it becomes possible for Israel to consider the entire world from a broad, complete perspective. We can see that the forces of evil are also created by God and have a function; it is because of them that human beings have free will, so it is due to them that people can grow, attain higher levels, and give expression to the image of the divine within them. Nevertheless, these thoughts about the positive value of evil can end up being destructive. People can fool themselves into thinking that when they sin, they are really doing something good. Therefore, only on Yom Kippur, when we deprive ourselves and refrain from all bodily pleasures, did God command us to send a goat to Azazel. Only on Yom Kippur can we show Samael that we understand his importance without being tempted by him. At that moment, Samael is gratified that Israel finally understands him. For the rest of the day, he no longer wants to tempt and accuse us, for he really wants Israel to choose good. He even joins in the effort of defending us.[3]


    [3]. The midrash goes on to describe Samael’s defense of the Jews:

    Samael saw that they were without sin on Yom Kippur. He said to God: “Master of all worlds, You have one nation that is like the ministering angels in heaven. Just as the ministering angels do not eat or drink, so too, the Jews do not eat or drink on Yom Kippur. Just as the ministering angels go barefoot, so too, the Jews go barefoot on Yom Kippur…. Just as peace reigns among the ministering angels, so too, peace reigns among the Jews on Yom Kippur. Just as the ministering angels are free of all sin, so too, the Jews are free of all sin on Yom Kippur.” God hears the prosecutor petitioning on Israel’s behalf, and he forgives them… (Pirkei De-Rabbi Eliezer 46)

    Maharal, at the end of his homily for Shabbat Shuva, emphasizes an interpretation of evil that views it as absence and lack, as I write in my first explanation in the main text. So states Sefer Ha-hinukh §95 as well. Ramban’s commentary to Vayikra 16:8 follows Pirkei De-Rabbi Eliezer in emphasizing the bribery theme.

    1. Levi in the Talmud also understands the accuser in a positive light: “The accuser and Penina both had good intentions. When the accuser saw that God was inclined to favor Iyov, he objected: ‘God forbid that He should forget His love for Avraham and Israel!’ (This is why the accuser argued that Iyov was not as perfect as Avraham.) Penina, as it is written (1 Shmuel 1:6), ‘her rival would taunt her to make her miserable” (i.e., Penina taunted Ḥanna so she would pray to God). R. Aḥa taught this idea in Epiphania, and the accuser came and kissed his feet (Bava Batra 16a) – in gratitude for explaining his good intentions.

    Nevertheless, the plain meaning of the midrash is that the scapegoat is a bribe in the ordinary sense of the word. Since the forces of evil follow the path of falsehood, trickery, and flattery, we give them a taste of their own medicine with the scapegoat, and they forget their accusations and enjoy the bribe. Thus, we read in the Zohar on Aḥarei Mot, “When the goat reached the mountain [in the wilderness], how happy [the evil forces were]. They were all intoxicated and became sweet-tempered from it, and the accuser who went to prosecute Israel reversed himself and praised them instead. The prosecutor became a defender” (Zohar III 63a). However, this, too, can be understood in a deeper way: The evil forces are elevated to a higher level and remove their masks, showing that they, too, want what is best for the world. Since they are permitted to take a day off from their evil mission, they are happy to come to the defense of Israel.

    Perhaps both interpretations of this midrash are correct, each applying to a different scenario. If Israel repent out of fear, then the scapegoat served as a bribe in the plain sense, but if they repent out of love, then just as knowing sins are transformed into merits, so too, the forces of evil are turned into good. This idea may be implied by Zohar, Ra’aya Mehemna on Aḥarei Mot (III 63a-b), which declares that the evil inclination is “very good” (Bereishit 1:31). However, the Zohar goes on to say that the accuser continues to fulfill his role on Yom Kippur, but since all of Israel’s sins were cast to Azazel, the accuser finds Israel free of sin, and he thus comes to their defense. This leads to the cancellation of harsh judgments against the Jews. An additional passage from Zohar (II 184b-185a, on Tetzaveh) compares the scapegoat to a banquet given to an accuser so that he does not disturb the king’s joy in spending time with his son. This banquet is also a sort of bribe, as it blinds the accuser. His accusations rebound on him and his wicked legions. The midrash is thus correct on both levels. As long as the world has not reached ultimate perfection, the inner goodness of evil – the essence of repentance out of love – remains secret. What is recognizable is repentance out of fear. On that level, the scapegoat served as a bribe, tricking the accuser into defending Israel against his will.

    Since the person who took the scapegoat to the wilderness encountered the forces of evil, he had to purify himself afterward, as we read, “He who set the Azazel-goat free shall wash his clothes and bathe his body in water; after that he may re-enter the camp” (Vayikra 16:28). Zohar on Aḥarei Mot states that the person chosen for this job was especially capable of dealing with the forces of evil (Zohar III 63b), which would explain why he had to purify himself afterward. Even if we contend that the positive aspect of evil was revealed at that moment, as long as the world has not reached ultimate perfection, this is a dangerous secret. Therefore, the man who carried the scapegoat still had to immerse before returning to the camp. See further on this in the book by my friend R. Moshe Odess, Ve-hashev et Ha-avoda, ch. 5. In chapters 2 and 3 he presents a comprehensive overview of the Yom Kippur avoda and explains that the functions of the bull, the goat, and the incense are intertwined. Each stage is a prerequisite for the next one. I have incorporated his important explanations into this chapter.

    14. The Complete Order of the Avoda

    Now that we have dealt with the special aspects of the Yom Kippur avoda, we will briefly review the chronological order of the Kohen Gadol’s Yom Kippur avoda.

    On the eve of Yom Kippur, the Kohen Gadol had to stay awake, to ensure that he would not become impure while sleeping. Throughout the night, he would study Torah together with Jerusalem’s greatest and most honored Torah scholars. If he knew enough to teach, he would teach; if not, they would teach him. In addition, throughout the night, people would sing prayers and praises to God before the Kohen Gadol. If he started falling asleep, young kohanim would snap their fingers to wake him up. If that did not work, they would suggest that he stand (barefoot) on the cold floor. If that did not work either, they would suggest that he do kida – that is, bow so deeply that his head touched the ground while he remained standing on his feet (Yoma 19b; above, 7:14).

    Every part of the avoda on Yom Kippur was performed by the Kohen Gadol, to elevate and connect everything to the root of holiness in the Kodesh Ha-kodashim (section 4 above). As on every other day, the first offering was the morning tamid, and the last was the afternoon tamid. When dawn broke and the time came to offer the tamid, the Kohen Gadol stripped off his weekday clothing and immersed in preparation for the day, then donned the gold vestments and washed his hands and feet. He slaughtered the tamid, received its blood, and sprinkled it on the altar, like on any other day. He then entered the Sanctuary to offer incense on the golden altar. He then cleaned and prepared the menora for lighting. He went back out to the copper altar and placed the limbs of the tamid in the fire. He then offered the minḥat ḥavitin (the meal offering that the Kohen Gadol was obligated to bring every day) and poured on it the libation that accompanies the tamid each day.

    Next, he sacrificed the additional (musaf) offerings of Yom Kippur: one bull and seven lambs. As we learned, the sanctity of the Yom Kippur avoda had three levels: first, the daily tamid; second the musaf offerings, as on Rosh Ḥodesh and festivals. Having completed these, he could continue to the third level, the special Yom Kippur avoda.

    He washed his hands and feet, removed his golden vestments, immersed, put on the white vestments, and once again washed his hands and feet. But before he could offer the goat for God and enter the Kodesh Ha-kodashim to atone for the Jewish people, the Kohen Gadol first had to atone for his own sins by confessing and offering a sacrifice. The Gemara explains, “This is how the divine attribute of din (judgment) works: Better for someone innocent to come and atone for someone guilty than for someone guilty to come and atone for someone else who is guilty” (Shevu’ot 14a). Therefore, the Kohen Gadol was commanded to first bring a bull as a sin offering and confess his sins and his wife’s sins over it, as we read, “Thus only shall Aharon enter the Kodesh: with a bull of the herd for a sin offering” (Vayikra 16:3). Unlike the other Yom Kippur offerings, which were bought with communal funds, the Kohen Gadol had to pay with his own money for the bull of the sin offering and the ram of the accompanying burnt offering. Thus, his personal atonement would be complete, as we read, “Aharon is to offer his own bull of sin offering, to atone for himself and for his household” (ibid. v. 6).

    15. The Bull, the Incense, and the First Sprinkling

    The Kohen Gadol positioned his bull between the Sanctuary’s entrance hall and the copper altar, with its head to the south and facing west toward the Sanctuary. The Kohen Gadol stood to the east of the bull, facing the Sanctuary, placed his two hands on the head of the bull and leaned on it. It was as if he was saying, “What should have been done to me, as punishment for my sins, will be done to this bull which I am bringing to atone for my sins.” Then he recited the first vidui.

    The Kohen Gadol’s vidui on Yom Kippur was unique, as in it he would pronounce the Divine Name, which is normally prohibited. Some say that the name he pronounced was the Tetragrammaton (the four-letter name, yudhehvavheh, as written in the Torah), while others maintain that it was the forty-two-letter name (R. Hai Gaon). Each of the three times the Kohen Gadol pronounced the name, the kohanim and the people standing in the courtyard would kneel, prostrate themselves, and proclaim, “Barukh shem kevod malkhuto le-olam va-ed.” This was a profound articulation of self-effacement and repentance. The formulation of the vidui was as follows:

    Please, Lord, I have sinned, I have done wrong, I have rebelled before You – I and my family. Please, by Your name, grant atonement for the sins and for the wrongs and the rebellions that I have sinned, and done wrong, and rebelled before You – I and my family. As it is written in the Torah of Moshe Your servant, at the word of Your glory: “For on this day, you will be atoned for and made pure of all your sins before the Lord.”

    Following his personal vidui, the Kohen Gadol could atone for all of Israel. First, he cast lots over the two goats: the one “for God” to atone for Israel’s sins against the sanctity of the Temple, and the other, “for Azazel,” to atone for all other sins. The Kohen Gadol declared the goat designated by lot to be for God as “a sin offering to the Lord” using the Tetragrammaton. Thereupon, the kohanim and the people standing in the courtyard would kneel, prostrate themselves, and proclaim, “Barukh shem kevod malkhuto le-olam va-ed.” He then tied a scarlet ribbon around the neck of this goat and another around the horns of scapegoat.

    However, the Kohen Gadol still could not atone for Israel, because he had not yet atoned for his fellow kohanim, who were responsible for all sacred matters in Israel. To that end, he returned to his bull, leaned on it with both hands, and confessed on behalf of the kohanim. This was the formulation of the second vidui:

    Please, Lord, I have sinned, I have done wrong, I have rebelled before You – I and my family and the children of Aharon, Your holy people. Please, by Your name, grant atonement for the sins and for the wrongs and the rebellions that I have sinned, and done wrong, and rebelled before You – I and my family and the children of Aharon, Your holy people. As it is written in the Torah of Moshe Your servant, at the word of Your glory: “For on this day, you will be atoned for and made pure of all your sins before the Lord.”

    After confessing, the Kohen Gadol slaughtered the bull and collected its blood in a vessel, but he still could not enter the Kodesh Ha-kodashim to sprinkle it, because he had not yet offered the special incense of Yom Kippur, which expressed the covenantal bond between God and Israel. Yet he could not enter the Kodesh Ha-kodashim with the incense until he had confessed over the bull and slaughtered it. Now that he had done so, he could enter the Kodesh Ha-kodashim and perform both the incense offering and the sprinkling. The Kohen Gadol handed the vessel of blood to another kohen and entered the Kodesh Ha-kodashim to offer the incense, as the Torah describes:

    He shall slaughter his bull of sin offering. And he shall take a panful of glowing coals scooped from the altar before the Lord, and two handfuls of finely ground aromatic incense, and bring this beyond the parokhet [into the Kodesh Ha-kodashim]. He shall put the incense on the fire before the Lord, so that the cloud from the incense screens the kaporet that is over [the Ark of] the Covenant, lest he die. (Vayikra 16:11-13)

    After the smoke from the incense covered the kaporet (as explained above in sections 7-8), the Kohen Gadol left the Kodesh Ha-kodashim and briefly prayed in the Sanctuary. His prayer had to be brief, because had he stayed inside for too long, people would have panicked, thinking that he had died in the Kodesh Ha-kodashim.

    The Kohen Gadol then took the vessel of bull’s blood and re-entered the Kodesh Ha-kodashim. He stood facing the two poles of the Ark and sprinkled the blood toward (but not on) the kaporet – once upward and seven times downward. As we read, “He shall take some of the blood of the bull and sprinkle it with his finger over the kaporet on the east side; and in front of the kaporet he shall sprinkle some of the blood with his finger seven times” (Vayikra 16:14). He would count the sprinklings out loud (as explained in section 11). Unfortunately, near the end of the First Temple period, the Ark was hidden away. From then on, and during the Second Temple period, the Kohen Gadol would sprinkle toward the Even Ha-shetiya.

    Though he had not yet completed the sprinkling of the bull’s blood to atone for himself and his fellow kohanim, he put down the bowl of bull’s blood on a golden stand in the Sanctuary and left it in order to slaughter the goat for God on behalf of Israel. This interruption was necessary because atonement for the kohanim and atonement for Israel were integrated. The atonement of the kohanim was for the sake of Israel, so it was inconceivable to complete their atonement without combining it with the atonement of Israel.

    16. The Goat for God and the Final Sprinkling

    The Kohen Gadol left the Sanctuary and slaughtered the goat designated for God. He collected its blood in a vessel and re-entered the Kodesh Ha-kodashim. He stood facing the two poles of the Ark and sprinkled the goat’s blood, once upward and seven times downward. As we read, “He shall then slaughter the people’s goat of sin offering, bring its blood beyond the parokhet, and do with its blood as he has done with the blood of the bull: he shall sprinkle it over the kaporet and in front of the kaporet. Thus he shall atone for the Kodesh from the impurity and transgression of the Israelites, whatever their sins” (Vayikra 16:15-16).

    The Kohen Gadol then exited the Kodesh Ha-kodashim, placed the vessel of goat’s blood on a second stand, and picked up the vessel of bull’s blood. He sprinkled it toward the parokhet separating the Kodesh from the Kodesh Ha-kodashim, upward once and downward seven times. He then did the same with the goat’s blood. These sprinklings fulfilled the mandate, “He shall do the same for the Ohel Mo’ed, which abides with them in the midst of their impurity” (Vayikra 16:16).

    After that, the Kohen Gadol took the vessels and mixed the blood of the two animals together. He walked from the parokhet to the golden altar in the Kodesh and sprinkled blood on its four corners. He cleared away coal and ash from the altar until its golden color became visible, whereupon he sprinkled it with blood seven times. As we read:

    He shall go out to the altar that is before the Lord and atone for it: he shall take some of the blood of the bull and of the goat and apply it to each of the horns of the altar; and the rest of the blood he shall sprinkle on it with his finger seven times. Thus he shall cleanse it of the impurity of the Israelites and consecrate it. (Vayikra 16:18-19)

    He then went out to the copper altar and spilled what was left of the blood on the western side of its base. Having finished atoning for the defilement of the Temple and its sacrifices, the Kohen Gadol began the process of atoning for all other sins. He approached the scapegoat, placed both hands on it, and confessed in the name of all Israel, as we read:

    When he has finished atoning for the Kodesh, the Ohel Mo’ed, and the altar, the live goat shall be brought forward. Aharon shall lay both his hands upon the head of the live goat and confess over it all the iniquities and transgressions of the Israelites, whatever their sins, putting them on the head of the goat. (Vayikra 16:20-21)

    This was the formula of the third vidui:

    Please, Lord, Your people, the house of Israel, have sinned, have done wrong, have rebelled before You. Please, by Your name, grant atonement for the sins and for the wrongs and the rebellions that they have sinned, and done wrong, and rebelled before You – Your people, the house of Israel. As it is written in the Torah of Moshe Your servant, at the word of Your glory: “For on this day, you will be atoned for and made pure of all your sins before the Lord.”

    A we learned, each time the kohanim and the people heard the Tetragrammaton, they would kneel, prostrate themselves, and proclaim, “Barukh shem kevod malkhuto le-olam va-ed.” Thus, during the course of the three confessions, the people prostrated themselves nine times. Together with the prostration when the Kohen Gadol pronounced the Divine Name upon casting the lots, we reach a total of ten prostrations.

    The Kohen Gadol then sent the scapegoat to the wilderness with a designated agent, as we read, “It shall be sent off to the wilderness through a designated man. Thus the goat shall carry on it all their iniquities to an inaccessible region; and the goat shall be cast away in the wilderness” (Vayikra 16:21-22). The man walked to a mountain that was approximately twelve mil (about 11 km) into the wilderness. He then divided the ribbon that was tied to the goat’s horns in two, leaving one part on the goat’s horns and tying the other part to a rock. He cast the goat off the cliff; before it got halfway down the mountainside, it was already dashed to pieces (Yoma 67a).

    17. The Conclusion of the Avoda

    In the meantime, the Kohen Gadol was removing the ḥelev (certain fats) of the bull and goat (whose blood he had sprinkled in the Kodesh Ha-kodashim) and placing them in a vessel. Later he would offer them on the outer altar, together with the other offerings of the day. (This was the procedure with all offerings: in addition to sprinkling their blood on the altar, their ḥelev was burnt on the outer altar.) The remaining flesh of the bull and goat were taken outside the Temple precincts to be burned. Many people went to watch the burning, as it vividly expressed the eradication of their sins.

    The Kohen Gadol waited while the remains of the bull and goat were burned. When he was informed that the scapegoat had arrived at its destination in the desert, he began reading aloud from a Torah scroll. He read the three sections of the Torah which relate to Yom Kippur: 1) The description of the Kohen Gadol’s avoda on Yom Kippur, in Parashat Aḥarei Mot (Vayikra 16); 2) the section beginning “On the tenth” that deals with the mitzvot of Yom Kippur, in Parashat Emor (Vayikra 23); 3) the section dealing with the musafim of Yom Kippur in Parashat Pinḥas (Bamidbar 29). Since this section was in a different part of the Torah from the other two, he would recite it by heart, so as not to burden the congregation with the need to roll the Torah scroll.

    The Kohen Gadol recited two berakhot, one before and one after the reading, as is typical when reading from the Torah. Afterward, he added seven more berakhot, on the following subjects: the avoda, thanksgiving, forgiveness, the Temple, the nation, the kohanim, and prayer in general.

    He then washed his hands and feet, took off his white vestments, immersed, put on his golden vestments, and washed his hands and feet again. Then he went to the outer altar and slaughtered a goat for a musaf sin offering. This was like the goats offered as musaf sin offerings on Rosh Ḥodesh and the festivals (section 10 above).

    He offered his ram and that of the nation, both as burnt offerings. He also offered up the ḥelev of the bull and goat whose blood he had sprinkled in the Kodesh Ha-kodashim.

    Once again, the Kohen Gadol washed his hands and feet, took off his golden vestments, immersed, put on his white garments, and washed his hands and feet. He entered the Kodesh Ha-kodashim one last time, to remove the firepan and incense he had left there. He did not remove them immediately after sprinkling the blood in the Kodesh Ha-kodashim, because the incense expressed the covenantal bond between God and Israel, so it was necessary for its smoke to continue ascending throughout the Yom Kippur avoda. Presumably there was a special sanctity associated with the last entrance of the Kohen Gadol into the Kodesh Ha-kodashim, which concluded the process of atonement and purification of the Jewish people.

    He exited, washed his hands and feet, changed out of his white vestments, immersed, put on his gold vestments, and washed his hands and feet. He concluded the avoda as on any other day: he offered the afternoon tamid, burnt the afternoon incense, and lit the menora.[4]

    He washed his hands and feet, took off his golden vestments, and put on his own clothes. He then walked home, escorted by a crowd, celebrating that he had emerged unscathed from the Kodesh Ha-kodashim.


    [4]. According to most Rishonim, the afternoon tamid was offered after the Kohen Gadol’s fifth immersion, i.e., after he put on the golden vestments for the last time (Sha’arei Heikhal commentary on Yoma, ed. R. Azarya Ariel, §175). However, Rambam maintains that the afternoon tamid was offered after the third immersion, before the removal of the firepan and incense from the Kodesh Ha-kodashim (MT, Laws of the Yom Kippur Service 4:2). For more about the menora’s cleaning, preparing, and lighting, see Sha’arei Heikhal §20. For everything concerning the avoda of the Kohen Gadol, I made use of R. Yisrael Ariel’s Maḥzor Ha-Mikdash and consulted with his son R. Azarya.

    18. The Yom Kippur Avoda in Prayer Today

    As part of our Musaf service, the ḥazan describes the avoda of Yom Kippur in the Temple (SA 621:4). According to the Gemara, the ḥazan must be careful and precise in his recitation, to ensure that it conforms with the views that are accepted as halakha (Yoma 36b and 56b), for the recitation of the order of the sacrifices is considered a substitute for actually offering them.

    The Sages tell us, “Whoever engages in the study of the sin offering – it is as if he offered one; whoever engages in the study of the guilt offering – it is as if he offered one” (Menaḥot 110a). The Sages also tell us that when our patriarch Avraham learned that Israel continues to exist by virtue of the sacrificial offerings, which keep them bound to God, he asked, “What will happen if the Temple is destroyed?” God responded, “I have already established the sacrificial procedures for them; whenever they recite them, I will consider it as though they are sacrificing to Me, and I will forgive all their sins” (Ta’anit 27b; Megilla 31b). The idea is that every action has a soul, and the soul of each mitzva is what the Torah says about it. Therefore, when it is impossible to offer the sacrifices, if we recite the Torah’s words pertaining to them, it is, in a certain sense, as if we have offered them. This is especially true when we do so publicly, at the time when they would have been offered. The more we understand the halakhic and philosophical meaning of a sacrifice, the greater the value of our recitation.

    It would seem that even when the Temple is rebuilt (may it happen speedily, in our day), we will continue to recite the prayers that correspond to the sacrifices as well as the descriptions of the Kohen Gadol’s avoda on Yom Kippur. During the long exile since the destruction of the Temple, we discovered the power of prayer and the recitation of the offerings, which emphasize the spiritual side of the avoda. They have become too meaningful to give up. Rather, in every synagogue, people will continue to pray, and the ḥazan for Musaf will continue to recite the description of the avoda with awe and trepidation. The prayers and intentions of all worshippers will be combined with the avoda of the Kohen Gadol in the Temple. Those kohanim and people fortunate enough to secure a place to stand in the Temple courtyard will represent all Israel as they witness the avoda with their own eyes. These observers will not need to recite the prayers, because they will be participants in the avoda itself – for they, too, take part in the mitzva. Likewise, in the days of yore, the kohanim and the people standing in the Temple courtyard did not recite the prayers.

    May God gather our exiles from the four corners of the earth, return His Shekhina to Zion, sanctify us with His mitzvot, give us a share in His Torah, and purify our hearts to worship Him in truth. May we merit the rebuilding of the Temple speedily in our day. May the sanctity of Yom Kippur be revealed in its full glory, and may God forgive all our sins and bring atonement for all our iniquities. May the light of truth and faith shine forth from the Kodesh Ha-kodashim and illuminate the entire world. May peace and love spread throughout Israel and throughout the world. Thus, God will comfort Zion and its ruins, as it says:

    Truly the Lord has comforted Zion, comforted all her ruins. He has made her wilderness like Eden, her desert like the Garden of the Lord. Gladness and joy shall abide there, thanksgiving and the sound of music…. Those redeemed by the Lord shall return and shall come with shouting to Zion, crowned with joy everlasting. They will attain joy and gladness, while sorrow and sighing flee. (Yeshayahu 51:3, 11)

    Preface

    1

    When the present volume, Simḥat Ha-bayit U-virkhato, was first published in Hebrew five years ago, it posed a dilemma that we had not faced before. On one hand, it is very much a part of the Peninei Halakha series in terms of its style and its general approach to Jewish law. On the other hand, it treats topics that, due to considerations of modesty, are not usually addressed in public. At the time, we decided to publish it as a stand-alone volume and not include it in Hebrew sets of Peninei Halakha. God willing, when there are enough English volumes of Peninei Halakha to release as a set, we will have to decide whether to include this volume therein.

    The book is titled “Simḥat Ha-bayit U-virkhato” (“The Joy and Blessing of the Home”) because it explains the mitzva of ona – marital intimacy and its attendant rights and duties – and the essence of the mitzva is simḥa – joy – as the Sages refer to it as “simḥat ona” (Pesaḥim 72b; Avoda Zara 5a). “Bayit”, “the home”, refers to the family, while “Birkhato”, “blessing”, refers to the mitzva to procreate, a mitzva that this book treats extensively. These two mitzvot, ona and procreation, are linked to one another, as one is fulfilled by means of the other.

    Originally, I thought that if I ever had the privilege to write about these issues, I would do so in my old age, with the hope that I would be less bashful about it. However, over the last few years, my wife and I have become aware of the lack of proper guidance available to engaged couples and newlyweds. The absence of proper guidance leads to needless pain and frustration precisely where there should be joy and love. Pre-wedding classes spend a great deal of time on the details of the laws of nidda and their precautionary distancing measures (harḥakot) while giving very short shrift to the mitzva of ona.

    My wife likes to illustrate the problem with the following comparison. Imagine that a young woman approaches an older woman and asks to be taught how to cook for Shabbat. The older woman agrees and teaches her how to sift flour, how to check vegetables and legumes for bugs, and how to check eggs for bloodspots. She explains that the laws of meat and milk have relevance not only to cooking but even to cutting onions. She goes over the laws concerning bishul akum, ḥalav akum, and gelatin. She concludes with advice about buying food that meets the highest kosher standards. She leaves out only one thing: how to cook tasty food that makes Shabbat enjoyable. Moreover, she mistakenly believes that keeping kosher (which, of course, is very important) automatically results in enjoying Shabbat. That the food is undercooked and bland is no problem at all for her, for she believes that our purpose in life is to suffer to sanctify God’s name.

    Similarly, there are pre-wedding teachers who tell brides- and grooms-to-be that keeping the laws of family purity in all their complexity results automatically in a holy home. It is true that the laws of family purity are a prerequisite for the mitzva of ona, but it is the intimate connection and joy associated with the mitzva of ona that give expression to life’s holiness.

    The problem we have described leads to a terrible disconnection between holiness and life, truth and goodness, duty and joy. This breach was meant to be mended through the general mitzva to “love your fellow as yourself” as well as the specific mitzva of ona. So in the winter of 5774 (2013-2014), I found the necessary courage to write about the laws of ona and the reasons behind them. This naturally led me to clarify the laws pertaining to procreation as well. This book was thus written first and foremost for rabbis and teachers of pre-wedding classes to brides- and grooms-to-be, though it is also for couples who want their family lives to be illuminated by the guidance, happiness, and light of the Torah.

    I freely admit that some of my teachers and friends advised me to forgo writing and publishing this material, or at least make it less explicit. Most of them were worried about the fallout for me, and a few felt that it is inappropriate to elaborate in writing about intimate topics. But there is much misunderstanding and misinformation circulating among the general public, which casts our holy Torah in a negative light, as if its goal is to minimize the joy of ona. Therefore, I felt it necessary to present the position of our holy Torah clearly, in accordance with the Sages and poskim. Doing so will protect our holy Torah from this slander, and will also protect our dear couples, men and women, from the pain and inadequacy caused by the misinformation. It is worth noting that the distortions of our Torah result from misunderstanding our Sages, Zohar, and kabbalists. These misunderstandings can be traced to the influence of views, espoused by classic Christianity, that consider celibacy an ideal.

    To dispel these distortions of the Torah, it seems that I have to disregard the advice of my friends and publish the material. Yet I remain concerned that what I write might be understood only partially and superficially by those who are not familiar with the world of Torah and halakha. My primary goal is for this book to be studied within batei midrash and within holy and modest Jewish homes. Through the relief and joy that will enter these homes thanks to the Torah’s guidance, the holy light of the Jewish people will burst through like the dawn. With God’s help, the book will circulate, and its ideas will spread slowly but steadily, bringing healing and joy to the whole world.

    2

    I would like to take this opportunity to thank Rav Maor Cayam, who teaches in Yeshivat Har Bracha, and who was involved and supportive throughout. With his talents and diligence, he greatly expanded the scope of the sources, which helped clarify various topics and served as a basis for many of the central ideas of the book. He also worked very hard preparing the supplemental volume (Harḥavot), which provides further sources and explanations of the material. I would also like to thank R. Bar’el Shevach, who helped to clarify many issues.

    I am grateful to the following rabbis, who kindly agreed to review the first chapters and added their comments. Rav Yoel Katan, who was my adviser in my youth, and his wife, Dr. Hanna Katan, who is a gynecologist, are experts in the subjects of this book and contributed to it. Rav Yehoshua Shapira, head of the hesder yeshiva in Ramat Gan, contributed as well. He and his wife together guide couples in the paths of holiness and happiness, helping them to cope with the range of difficulties that may arise. Rav Yehuda Brandes made enlightening and edifying comments to the first chapters. He also encouraged me by reminding me what the Sages say about King Solomon: Shlomo wrote Shir Ha-shirim when he was young, Mishlei when he was middle-aged, and Kohelet when he was old (Shir Ha-shirim Rabba 1:10); evidently, the Sages did not feel that it was necessary to delay writing about sexual matters until one is old. I especially want to thank my brother, Rav Yisrael Melamed. In addition to his educational work, he is also a couples’ therapist and helps couples with difficulties related to fulfilling the mitzva of ona. His enlightening, insightful, and in-depth comments on the first four chapters were extremely helpful.

    I thank all the teachers of the yeshiva. In addition to reviewing and commenting upon these chapters, they also came with years of experience teaching students and alumni in preparation for their weddings. This experience helped clarify in depth many topics dealt with in this book. Thanks to Rav Ido Elba for his comments on the chapters dealing with the mitzva of procreation. Thanks to Rav Shmuel Ariel as well.

    Special thanks to Rav Yonadav Zar, who studied the halakhot in depth and copy-edited the entire book. Thanks to R. Maor Horowitz, who clarified sources and was responsible for the final editing and preparing the book for publication. Thanks to R. Netanel Rosenstein for writing the index. I am also grateful to R. Yaakov Weinberger, the yeshiva’s administrator, and his predecessors R. Yaakov Katz (Ketzaleh) and R. Dudu Sa’ada. Thanks, too, to Keren Fogel and Yohanan Lisha, who were responsible for printing and marketing the book.

    It is not easy to translate halakha with precision and clarity, and the difficulty is compounded when writing about sensitive issues. As such, Atira Ote’s initial translation went through no less than four layers of editing, by Dr. Yocheved Cohen, Rav Elli Fischer, Nechama Unterman, and Rav Maor Cayam. I am grateful to all of them for producing the work before you.

    Last but not least, I thank the residents of Har Bracha and the alumni of the yeshiva, with whom my wife and I have studied this material. Their questions and insights helped us clarify many issues addressed in the book. “I learned much from my rabbis, even more from my friends, and most of all from my students” (Ta’anit 7a).

    3

    The relationship between God and the Jewish people is compared to that of a bride and groom (1:5-6 below). The anguish associated with the destruction of the Temple cast a shadow over the joy of marital intimacy (3:15 below). Now, though, we are experiencing the ingathering of the exiles and the rebuilding of Eretz Yisrael. Alongside this process of the ingathering of exiles and upbuilding of Eretz Yisrael, we are privileged to witness the opening of the gates of peace, happiness, and blessing before the precious couples who are building their homes with holiness.

    May it be God’s will that we merit the realization of the words of the prophet:

    For the sake of Zion I will not be silent, and for the sake of Jerusalem I will not be still, until her righteousness emerges resplendent, and her salvation blazes like a torch…. No longer will you be called “Azuva” (“Forsaken”) nor shall your land be called “Shemama” (“Desolate”). Rather, you shall be called “Ḥeftzi-bah” (“I-delight-in-her”) and your land “Be’ula” (“Espoused”). For the Lord delights in you, and your land shall be espoused. As a youth espouses a maiden, your sons will espouse you; as a bridegroom rejoices over his bride, so will your God rejoice over you. (Yeshayahu 62:1, 4-5)

    The mitzva of ona will then reach its perfect fulfillment:

    I will betroth you forever; I will betroth you with righteousness and in justice, and with goodness and mercy. And I will betroth you with faithfulness; then you shall know the Lord. On that day I will respond (e’eneh), declares the Lord, I will respond (e’eneh) to the heavens, and they shall respond (ya’anu) to the earth. And the earth shall respond (ta’aneh) with new grain and wine and oil, and they shall respond (ya’anu) to Jezreel. I will seed her in the land as My own; and I shall have compassion on Lo-Ruḥama (No-Compassion); and I will say to Lo-Ami (Not-My-People), “You are My people,” and he will respond, “My God.” (Hoshea 2:18-25)

    It is my sincere hope that this little book will add much joy and blessing into couples’ lives.

    Eliezer Melamed

    Sivan 5779 ​

    01. The Importance of the Mitzva

    A complete person is one who lives in a joyful and loving marriage. A man is not complete without his wife, and a woman is not complete without her husband. The essence of their union is expressed through the mitzva of ona (marital sexual relations), through which they become completely united, in body and spirit, making their marriage whole. The mitzva must be fulfilled with passion and ecstasy, the husband trying to bring his wife as much joy and pleasure as possible, and the wife trying to bring her husband as much joy and pleasure as possible (below, 2:1-5). For this reason, the mitzva is referred to as simḥat ona, the joy of marital sexual relations. There is no greater joy in this world; it is a foretaste of the euphoria of the World to Come (below, 1:7-8).

    Through the framework of marriage, a person can achieve the ultimate fulfillment of the mitzva to “love your fellow as yourself” (Vayikra 19:18), which R. Akiva calls “a major principle of the Torah” (Sifra ad loc.). It is only between spouses that love is expressed in all aspects of life, spiritual and physical alike. Thus, when a married couple lives together lovingly, each loving the other no less than they love themselves and desiring to bring joy to the other no less than they want for themselves, they fulfill the entire Torah in a concentrated form (Arizal, Sefer Ha-likutim, Ekev).

    So powerful is the mitzva of ona that its fulfillment brings the Shekhina (Divine Presence) to dwell with the couple. As R. Akiva expounds: “If husband and wife are worthy, the Shekhina is with them; if they are not, fire consumes them” (Sota 17a).[1] Moreover, it is through this sacred mitzva that the couple can fulfill the mitzva of procreation (pru u-revu), which makes them God’s partners in the creation of a new life. As the Sages said, “There are three partners in the creation of a person: God, the father, and the mother” (Nidda 31a).

    When a marriage founders because the husband suspects the wife of infidelity, the Torah prescribes (Bamidbar 5:11-31) the “sota” procedure, which includes writing God’s name on parchment and placing it in a potion that is administered to the wife. Under normal circumstances, erasing God’s name is a grave transgression, yet God commands us to erase His sacred name in order to repair and bring peace to a marriage (Nedarim 66b). Indeed, erasing the written name of God allows His name to inhere in their marital life.

    Marriage is so paramount that the Sages say, “Any man without a wife is not considered a man” (Yevamot 63a); and “Any man without a wife lives without joy, without blessing, without goodness, without Torah, without fortification, and without peace” (ibid. 62b). A woman without a husband lacks all these as well. And since the mitzva of ona is the fundamental expression of a marriage, all of these advantages are thus directly connected to this mitzva (below, 4:8).

    Since the foundation of the relationship between husband and wife is so important, the drive associated with it is likewise exceptionally powerful. God has given people freedom of choice: when a person directs the sex drive positively, toward the proper fulfillment of the mitzva of ona, there is nothing greater; when it is channeled negatively, there is nothing worse (below, 3:1-2).


    [1]. The Hebrew word for man or husband, “ish,” is made up of the letters alef and shin – the word for fire, “esh” – plus the letter yud. The Hebrew word for woman or wife, “isha,” is made up of the letters alef and shin plus the letter hei. The two letters yud and hei form the name of God. Thus, if God is removed from ish and isha, only fire remains. They couple also reveals God’s holy four-letter name (yud-hei-vav-hei; the Tetragrammaton) thereby, for in addition to the revelation of yud through the man and hei through the woman, and the last two letters are revealed through their children – vav through a son and hei through a daughter (Zohar, Ra’aya Mehemna III 34b).

    02. Principles of the Mitzva of Ona

    The mitzva of ona is for the husband to couple with his wife, in an atmosphere of love and ecstasy, and to pleasure her as best he can, until her ecstasy climaxes in orgasm; he remains coupled with her until he ejaculates inside her vagina (see also below, 2:1). This is the meaning of the verse “He shall not withhold her food, her clothing, or her conjugal rights” (Shemot 21:10). Since the husband’s physical capacity is limited, the frequency of the mitzva is determined by what his physical capacity and professional responsibilities make possible. Those who are in good health and who live comfortably without having to exert themselves too much must fulfill the mitzva of ona daily. Ordinary laborers are obligated twice a week. Men whose work requires them to leave home are required to fulfill this mitzva once a week. In addition, if either spouse desires intimacy, the other spouse must be responsive (below, 2:7-8).

    This mitzva is the essence and foundation of marriage. A man who does not perform this mitzva in order to cause his wife pain is in violation of the Torah prohibition, “He shall not withhold…her conjugal rights.” If he does not perform it out of simple negligence, but does not intend to hurt his wife, he violates a rabbinic prohibition. Some say that even in such a case, he violates a Torah prohibition.[2]

    Moreover, through the mitzva of ona, husband and wife fulfill the mitzva to “love your fellow as yourself” in its most perfect form: each of them looks out for the other’s well-being as best they can. And since the greatest pleasure that people can experience in this world is connected to the mitzva of ona, a man who deprives his wife of this joy and pleasure oppresses her, since no one but him can bring her this joy. Likewise, a woman who deprives her husband of this joy and pleasure oppresses him, for no one else can fill this void for him (2:1 below).

    Dereliction of this mitzva is the principal grounds for divorce. If a husband declares that his wife repulses him and that he has no interest in sexual relations with her and bringing her pleasure as often as duty requires, she is entitled to file for divorce and to receive the compensation specified in her ketuba (marriage contract). Even if the husband is willing to couple with her but adds, “I cannot unless we are both clothed,” he must divorce her and pay the ketuba, since he is unwilling to couple with her lovingly, with no barrier between them. Similarly, if a wife does not consent to sexual relations with her husband at the frequency specified, or is only willing if she remains clothed, he has the right to divorce her without paying her ketuba (Ketubot 48a; SA EH 76:13). Spouses who refuse to keep to the specified frequencies are called “rebellious,” for they are rebelling against the sacred duty they accepted on themselves when they married (Ketubot 63a; SA EH 77; see below ch. 2, sections 7-8, 11-12, and n. 6).


    [2]. A man who does not perform the mitzva of ona violates a negative commandment (MT, Laws of Marriage 14:7 and 15; SA EH 76:11). If he does not intend to cause his wife pain, he does not violate a negative commandment (Rambam, Sefer Ha-mitzvot, Lo Ta’aseh §262; Mabit 3:131). However, he is in violation of a rabbinic prohibition (Rav Kook, as cited in Teḥumin 1, p. 9). Others maintain that even if he does not intend to cause his wife pain, he still violates a negative prohibition (Responsa Maharam Alshikh §50). According to R. Sa’adia Gaon (Sefer Ha-mitzvot §72), Sefer Ha-eshkol (27:20), Rashba, and Ohel Mo’ed, there is also a positive commandment to have marital sexual relations. R. Yeruḥam Perla explains that this is based on the preceding verse, which states that one who designates a maidservant for marriage to his son, he must provide for her “as is the practice with free maidens (ke-mishpat ha-banot)” (Shemot 21:9). Thus, although the verse that lists she’er, kesut, and ona is formulated in the negative (“he shall not withhold”), the prior verse describes the same duties in the positive.

    Others say that we can derive from an additional verse, “He will give happiness to the woman he has married” (Devarim 24:5), that a husband must bring his wife pleasure through the mitzva of ona. Although this verse refers only to his exemption from military service during their first year of marriage, we nevertheless can infer that whenever they are together, he has a mitzva to bring his wife joy and pleasure through the mitzva of ona (Smak §285; Ohel Mo’ed, Sha’ar Isur Ve-heter, derekh 11, netiv 2; and Sefer Ḥaredim 20:8). Commenting on Pesaḥim 72b, Rabbeinu Ḥananel agrees that there is a positive commandment of ona, but he derives it from yet another verse: “Return to your tents” (Devarim 5:27; see section 6 below).

    A corollary of this mitzva is that a husband should sleep in the same room with his wife even when she is a nidda (Eruvin 63b). We will explain below (2:2) why this mitzva is formulated as the husband’s obligation. In any case, it is a mitzva and a duty for the wife to respond to her husband with joy for the fulfillment of this mitzva.

    03. The Meaning of the Word “Ona

    The Torah states, “He shall not withhold she’erah, kesutah, or onatah” (Shemot 21:10). Ramban (ad loc.), following one view in Ketubot (48a), interprets she’erah to refer to flesh-to-flesh contact during intimacy, kesutah to refer to the bed and bedding used by the couple during intimacy, and onatah to refer to the conjugal act itself. Rashi (ad loc.), following a different view in Ketubot (loc. cit.), interprets she’erah as “her food,” kesutah as “her clothing,” and onatah as the conjugal act. We see that all agree that the mitzva of ona is the essence of marriage, as it gives expression to the couple’s complete love for one another.

    While all agree that the husband is obligated on a Torah level to provide for his wife sexually, there is disagreement about his obligation to provide her with food and clothing. According to one view, this obligation is not stated explicitly in the Torah, but the Sages ordained so, because without these basic needs a couple cannot truly enjoy the mitzva of ona. Moreover, a key component of true love for one’s spouse is a very deep-rooted feeling of responsibility for their well-being and best interest. Thus, it is inconceivable that a husband who truly loves his wife would not make sure to feed and clothe her; if he does not do so, clearly there is no real love in their sexual relations. According to the other view, the Torah itself explicitly mandates that the husband see to his wife’s food and clothing. Even though the mitzva of ona is the most profound expression of a marriage, a wholesome relationship must, by definition, include his full responsibility for her food and clothing.[3]

    The word ona has three meanings:

    1. Time or season: This mitzva is fulfilled at intervals dictated by the husband’s stamina and the demands of his job (Ramban and Ibn Ezra on Shemot 21:10).
    2. Torment (inui), and its opposite, responsiveness and reciprocity (hei’anut): When a man separates from his wife, he torments her. As Lavan said to Yaakov, “…if you torment (te’aneh) my daughters” (Bereishit 31:50), which the Sages interpret to mean, “If you separate from them and do not provide them with ona.” This also explains why on Yom Kippur, when we are commanded to afflict ourselves (lehitanot), we must refrain from sexual relations (Yoma 77b and Rosh ad loc.; Ketubot 47b and Tosafot and Ritva ad loc.). Similarly, the rape of a woman by a man is called inui, as we read, “Shechem the son of Ḥamor the Ḥivite, chief of the country, saw her and took her; he slept with her and tormented her (vaye’aneha)” (Bereishit 34:2). In stark contrast to inui, the mitzva of ona is to couple with joy and pleasure, each responding to the other. Ona thus means responsiveness (hei’anut) and the prevention of torment (inui).

    Both of these interpretations have halakhic significance. First, a husband is obligated to have relations with his wife at fixed intervals that depend on his job and stamina. Second, their sexual union should be a joy-filled responsiveness that expresses their passionate love.

    1. Home: The Rishonim further wrote that the word ona is related to ma’on, a dwelling or home, meaning that the husband must provide his wife with a place to live (Menaḥem b. Saruk, as cited by Ibn Ezra and Ḥizkuni on Shemot 21:10). This interpretation also has deep significance for the mitzva of ona: when husband and wife unite sexually, the husband arrives at his domicile, his home. Similarly, when the verse instructs “Rejoice – you and your house” (Devarim 14:26), the Sages explain that this means “you and your wife.” Rabbi Yosi likewise stated: “Never in my life have I referred to my wife as ‘my wife’; rather, I refer to her as ‘my home’” (Shabbat 118b).

    The Sages refer to this mitzva as “derekh eretz,” the “way of the world,” since every man should naturally love his wife, desire to make love to her, and bring her as much joy and pleasure as he can. Likewise, every woman should naturally love her husband, yearn for him to make love to her, and bring him joy and pleasure as much as she can. God created humans to want this by nature. One who does not feel this yearning is physically or psychologically unhealthy. The goal of the mitzva is to channel, sublimate, and sanctify nature, not to negate the spontaneous feelings through which the mitzva is fulfilled (below, 2:4). The frequency of the mitzva is likewise determined by the “way of the world,” that is, by the reality of the couple’s circumstances (as explained in 2:6-7).[4]


    [3]. Tanna’im and Amora’im disagree concerning the meaning of the obligation in the words “she’erah, kesutah, and onatah” (Shemot 21:10). See Mekhilta de-Rashbi and Mekhilta de-Rabbi Yishmael ad loc., as well as Ketubot 47b and y. Ketubot 5:7. In any case, all agree that the mitzva of ona is the foundation of marriage according to the Torah, and the disagreement is about the husband’s duty to provide food for his wife. According to Rambam (MT, Laws of Marriage 12:2), Talmidei Rabbeinu Yona, Maharam of Rothenberg, and Rashba, this obligation is biblical, while She’iltot, Rif, Ramban, Rosh, and Ran maintain that it is rabbinic. Everyone agrees that a husband cannot possibly fulfill the mitzva of ona properly without making sure that his wife has food and clothing, as a complete and loving marital union includes his taking proper care of his wife and ensuring that she does not lack food or clothing. Without these, surely the couple will be unable to lovingly enjoy sexual relations together. The question is whether the Torah itself requires the husband to support his wife in order to make their pleasure complete, or the Torah commands a man to love his wife completely, and the primary expression of this love is by making her supremely content through the mitzva of ona. The Sages then explained that this requires him to provide her food and clothing.

    We should note that in the past, when making a living depended mainly on capacity for physical labor, it was difficult for women to support themselves without help from a father or husband. This is why halakha obligated men to provide their wives with food and clothing. However, this is not the essence of marriage, and it is therefore permissible to stipulate before getting married that the husband is not required to feed and clothe his wife if, for instance, the wife has her own income. In contrast, they cannot stipulate that they will get married with the understanding that the husband will not fulfill the mitzva of ona. Negating the mitzva of ona negates the entire marriage (Ramban to Bava Batra 126b; SA EH 38:5). Nevertheless, when a husband is unable to fulfill the mitzva of ona due to circumstances beyond his control, for example if he is a seris ḥama (“castrated by the sun”; i.e., impotent from birth), then the couple may base their marriage on a nonsexual emotional union (below, 6:2, n. 2). It stands to reason that a seris ḥama still has a mitzva to bring his wife physical pleasure according to his ability (below, ch. 2, n. 3).

    [4]. It is important to note how the Torah expresses the mitzva of ona: It is stated with regard to a case where a man decides to marry his Jewish maidservant. The Torah commands him to make sure to relate to her in the best possible way. Even if he takes a second wife from his own social class, he should not discriminate against the maidservant whom he made his wife. In the Torah’s words, “If he marries another, he must not withhold (from this one) her food, her clothing, or her conjugal rights. If he fails her in these three ways, she shall go free, without payment” (Shemot 21:10-11). From this context we can infer that a normal couple does not need to be commanded, for every reasonable person understands naturally that this is his moral obligation – “the way of the world” in the sense of “proper conduct.” The novelty here is that even though a man is doing a favor for his maidservant by marrying her, since she is now his wife, he may not deprive her of sexual pleasure. (See Sefer Ha-ḥinukh §46.) Similarly, the Torah tells us that when it comes to returning lost items to their owner (hashavat aveida), “You cannot ignore it” (Devarim 22:3). Beyond the requirement of returning the item, a person should feel that he simply cannot ignore the lost item that he saw.

    04. The Mitzva of Ona Is Independent of Procreation

    Another mitzva, the mitzva of procreation (pru u-revu) is fulfilled by means of the mitzva of ona. This, too, demonstrates the greatness of the mitzva of ona, as through it a man and woman become privileged to partner with God in creating a new human being. Nevertheless, the mitzva of ona is not dependent upon the mitzva of pru u-revu. Ona applies even when there is no chance that the sexual union will lead to pregnancy, such as when the woman is already pregnant or nursing, has reached menopause, or is infertile.

    The Sages say that the greater the joy accompanying the mitzva of ona, the finer the character of the future children (Eruvin 100b; below, 2:5). In contrast, if the couple’s sexual union lacks devotion and love, imperfections may manifest in the resulting children (Nedarim 20b, explained below in 2:13).

    Similarly, R. Yitzḥak Aboab writes: “When husband and wife love each other, have intercourse when at peace with each other, and have intent to produce worthy offspring, God grants their wish and gives them worthy children” (Menorat Ha-ma’or, ner 3, klal 6, ḥelek 2).

    The sages of the Jewish mystical tradition said that every act of marital sexual union undertaken in sanctity and love infuses the world with more life and blessing. R. Yeshayahu Horowitz writes in his classic Shnei Luḥot Ha-brit (Shlah, Sha’ar Ha-otiyot, Kedushat Ha-zivug §402):

    Each and every act of intercourse, when undertaken in sanctity, will have a positive impact. Even if the wife does not conceive…[the husband] is not wasting seed; rather, a holy soul comes into existence as a result…. For a soul comes into being with every act of intercourse, and the offspring of others are then endowed with these souls…. This is why Avraham could sleep with Sarah even though she was barren. It was not, God forbid, a waste.

    Zohar explains that the perfect love and devotion that infused the intimate relations of these two righteous people, Avraham and Sarah, led to the creation of souls in the supernal realms, which then descended to this world, and with which children of various families were endowed. When those children grew up, they were drawn to Avraham and Sarah, who converted them to faith in God. These are the souls referred to in the verse (Bereishit 12:5): “The souls they created in Ḥaran” (Zohar III 168a).

    Thus, even if a couple has not been blessed with children, when they lovingly and devotedly have sexual relations they become partners in bringing the souls of children into this world. To understand this, we must bear in mind that the process by which souls descend into the world is complicated by many phases and various aspects, which means that several couples can have a part in drawing a single soul into the world (see below, 8:6.)

    It is also worth adding that even after a couple has finished having children, by lovingly and joyfully having sexual relations they add life and blessing to all worlds, especially those that are connected to the deepest root of their souls. Thus, any sexual union undertaken in sanctity and passion draws greater illumination and blessing into the souls of their children.[5]

    Another important point: A widower who has children and for whom it will be difficult to remarry a woman who is still fertile has a mitzva to marry a woman who will not bear children, for being married is the most wholesome human state. Moreover, he will thus be able to fulfill the mitzva of ona and refrain from sinful thoughts (Yevamot 61b; below, 4:8).


    [5]. The mitzva of ona is always linked to the mitzva of procreation, sometimes explicitly but more often implicitly. It is worth citing Shlah in full on this:

    Each and every act of intercourse, when undertaken in sanctity, will have a positive impact. Even if the wife does not conceive, it still has an effect on high and produces a soul. The kabbalists elaborate that this is why it is permissible for a husband to have sexual relations with his wife even when she is pregnant, nursing, menopausal, or infertile. He is not wasting his seed; rather, a holy soul comes into existence as a result…. This is why Avraham could sleep with Sarah even though she was barren. It was not, God forbid, a waste…. For a soul comes into being with every act of intercourse, and the offspring of others are then endowed with these souls. This is the meaning of conversion to Judaism…that is, through the power of the holy thoughts of Avraham during intercourse, the male souls were emanated, and the power of the holy thoughts of Sarah during intercourse emanated female souls. The verse (Bereishit 12:5) that mentions “The souls they [Avraham and Sarah] created in Ḥaran” can now be understood: they literally created them with the power of their intercourse. (Shlah, Sha’ar Ha-otiyot, Kedushat Ha-zivug §402).

    This is all because their sexual union was infused with passion and devotion; in the words of Zohar (III 168a), “the passionate cleaving of these two righteous people.” According to Arizal:

    Regarding sexual union during the months of pregnancy and nursing, a husband is certainly obligated to fulfill the mitzva of ona at these times. One should not, God forbid, take the position that, on the contrary, this seems like a waste of seed. The idea is this: We know that in the supernal world there are two types of sexual union. The first creates souls, and this not constant. The second, which is constant and unceasing, is to sustain and give life to all the worlds. (Arizal, Sha’ar Ha-mitzvot, Bereishit, p. 7)

    1. Yosef Ḥayim of Baghdad writes similarly:

    The phrase “which yields its fruit in season” (Tehilim 1:3)… is followed by “whose foliage never fades,” meaning that even if a man has sexual relations [with his wife] while she is pregnant and nursing, he “never fades,” [his seed] is not wasted. And whatever sexual activity he continues when his wife is old, after menopause, will find success, for if it does not create souls, it will help sustain and bring life to the worlds, as (Arizal) writes in Sha’ar Ta’amei Ha-mitzvot. (Ben Yehoyada on Ketubot 62b)

    Similarly, the Sages said that sexual intercourse during the last trimester is “beneficial for both the woman and the fetus, for as a result the fetus emerges healthy and energetic” (Nidda 31a).​

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