(Extracted from my book Man & Beast)
On the days preceding Yom Kippur, some have a custom to designate a chicken as a scapegoat for their own sins. They recite a statement designating it as such while passing it around their head, and the bird is then slaughtered. Many have the custom of then giving the chicken to the poor. (Some have the custom to use money for the procedure instead.)
Two of the early authorities, Rashba[1] and Ramban,[2] strongly protest against this custom, considering it to fall under the prohibition of “following the ways of the Emorites.” The Shulchan Aruch likewise disapproves of this custom.[3] However, Rabbi Moshe Isserliss, in his glosses to the Shulchan Aruch, notes that since this is an ancient custom that has widespread support, one should not dissuade people from it.
But what of the aspect of causing suffering to the birds? There is no real reason why it should be any different to any case of slaughtering a chicken to eat. Passing a bird around one’s head can certainly be done in a way that does not cause undue distress, although unfortunately inexperienced people may not know how to handle it in such a way.
The bigger problem lies in how the entire process is commonly facilitated nowadays. In pre-war Europe, a person would simply take a chicken from his yard, or from the local farmer. Today, the chickens are packed en masse into crates and shipped to city centers where they wait for people to take their turn in performing the kapparos process. This commonly results in the birds being kept in horrifically cramped conditions without food, water or shade.
While it is permitted to cause suffering to animals for material or spiritual benefit, the suffering in this case is quite needless. It would seem that causing needless suffering to animals is a Biblical prohibition that far outweighs the value of a custom. Furthermore, it would seem to fundamentally negate much of the significance of the kapparos ritual. The Tur states that after slaughtering the chicken, there is a custom to throw its innards on the roof for birds to eat. Taz[4] and Aruch haShulchan[5] state that the reason for this is to show compassion for other creatures and thereby to earn Divine compassion.[6] On the eve of the Day of Judgment, when there is a special need to earn Divine mercy, it is surely counterproductive to inflict needless suffering upon creatures.
Fortunately, in recent years, people have gradually become sensitive to this issue, and positive steps are slowly being taken to rectify this situation.
NOTES
[1] Shailos U’Teshuvos HaRashba 1:395.
[2] Cited in Orchos Chaim, hilchos erev yom hakipurim 1.
[3] Orach Chaim 605:1. Several other objections to this custom are given in other works, such as that the great volume of birds being slaughtered under rushed conditions is likely to lead in disqualifications in the slaughtering process.
[4] Orach Chaim 605:4.
[5] Orach Chaim 605:4.
[6] Others say that it is because the chicken may have benefited from stolen foods and therefore we must limit our benefit from it.
6 comments:
The Gra opposed both Tashlich and Kapparoth.
I do neither.
There is a custom in certain circles to kick the head of the chicken after doing kapparos. The "kick" is intended to be a light one, and is symbolic. It is supposed to symbolize how we would/should/deserve to be treated for our sins were it not for Hashem's mercy in forgiving us and for the chicken serving as the recipient for the punishment due to us.
I would think that instead of kicking the chicken’s head, even if it is a “gentle kick” we should cradle the chicken in our arms and gently thank it for its sacrifice on our behalf. But then again, I'm just a crazy lover of animals.
In any case, if you are going to use live chickens for this minhag, it is an opportunity to teach children and others kindness, by researching and educating people on how to hold the chicken in a way that causes it the least amount of discomfort. Maybe we can change the world one fowl at a time.
Gmar chasima tova to all.
> designate a chicken as a scapeGOAT
Then it should be a scapeCHICKEN, yes?
I've often wondered about the incompleteness of the kapparos ritual by those who act like using a chicken is Halacha L'Moshe MiSinai. Do they then take the chicken home and slaughter it like in the old country? How is a perfunctory wave with no further connection to the chicken reproducing the ritual as our fathers did it in the Beis HaMikdash (kidding)?
Myself, I bought a toy chicken for the ritual. The kids love it and I don't feel bad tossing her back into the drawer until next year when we're done.
Have an easy fast.
The whole process of Kapparos in American cities nowadays seems fairly cruel and I think it desensitizes us to the suffering of animals, which isn't a good thing.
On the other hand, would the birds that are used in this process be in any better conditions had they not been picked for Kapparos? It seems to me that in general they are already in these miserable conditions to begin with and that they are still being prepared for consumption regardless. I could be wrong about that though.
As for it being a non Jewish practice, sounds about right.
Where I live (Monsey), there is a far more serious issue; chilul Hashem. Every year, there is a big kapparot center set up. The people who run it routinely violate local ordinances, leaving blood, innards, feces, feathers etc strewn about. the stench is awful. Chickens literally die in the crates from dehydration. Every year, the local non-Jewish population look upon this with sheer and utter disgust (who could blame them? It is disgusting). the health department levies fines, which are not paid but resolved politically, and people become more and more resentful of the Jewish community. Indeed Kapparot is a charming ceremony. It's symbolic value is huge. It always reminds me of the first Ramban in Sefer Vayikra, even though the Ramban opposed the practice. But it isn't worth the chilul Hashem it now causes.
Last year, Rav Ovadia Yossef spoke out against the way the chickens were being treated. He came close to prohibiting the whole practice, he said "Maran forbids it" and then he himself wouldn't forbid it although he almost always goes with the Shulchan Aruch. He did say that if the chickens would be treated cruelly, one should use money.
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