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MISCONCEPTION: It is prohibited towear leather items, such as a leatherbelt or yarmulke, on Yom Kippur andTishah B’Av.

FACT:Only leather shoes are prohib-ited on Yom Kippur and Tishah B’Av.One is permitted to wear belts,yarmulkes, jackets, or other itemsmade from leather. Some authoritiesprohibit all “protective footwear,” evenif there is no leather component.

BACKGROUND:A cursory search ofthe Web reveals that several web sitesfeature this misconception(http://scheinerman.net/judaism/hhd/yomkippur.html, accessed May 29 2011;http://prime.peta.org/2008/10/yom-kippurs-prohibition-against-leather,accessed May 29, 2011). In fact, thereare five innuyim (self-inflicted discom-forts due to abstinence) that must beobserved on Yom Kippur (see Vayikra16:29, 31; 23:27, 29; Bamidbar 29:7) andon Tishah B’Av, as enumerated in theMishnah (Yoma 73b and Taanit 30a)and Codes (SA, OC 554, 612-615). Oneof these innuyim is ne’ilat ha’sandal—the prohibition of wearing “shoes” (OC554:16; 614:2).1

Certain individuals are exemptfrom this prohibition, such as postpar-tum women (Mishnah Yoma 8:1), thosewho are ill or have wounds on theirfeet (OC 614:3), and midwives (OhrSomeach, Hilchot Shevitat Asor 3:8),among others (OC 614:4, based onYoma 78b). Parents should initiate chil-

dren to this innu’i from a young age(Yoma 78b;OC 616:1; Rambam, HilchotShevitat Asor 3:7; Rabbi ChaimKanievsky and Rabbi Shraya Duvlitzki,cited in Rabbi Moshe Harari’s Mikra’eiKodesh, Chanukah, pp. 136-141; see thedissenting opinion of Rabbi ShalomMessas, ibid., p. 147).2

Three different halachic definitionsof “shoes” are offered (cited by Ran inYoma 78b) 3 with respect to this prohi-bition: The Ba’al Hama’or opines thatany “protective footwear,” even thosenot made of leather, are regarded as“shoes”; Rashi limits the definition tofootwear made of leather or wood. 4

The Rif and Rosh rule that footwearmade of material other than leather arenot considered “shoes.” These opinionsare based in large part on the Talmudicdiscussion (Yevamot 101-102) of how todefine a shoe for the purpose of chal-itzah and on various Talmudic storiesinvolving shoes (Yevamot 102b). TheGemara notes that several Amoraimwore non-leather shoes on Yom Kippur(Yoma 78a-b), and rules per the Mish-nah (Yevamot 101a) that cloth shoes arenot halachically considered shoes.

Normative halachah maintains that“shoes” refer to footwear that includesleather, even a small amount.5 Accord-ingly, footwear made only of cloth (e.g.,sneakers) or any other material may beworn on Yom Kippur.6 But, as noted,there is an opinion that any “protec-tive” footwear is prohibited. Accordingto the Rambam (Hilchot Shevitat Asor3:7), innu’i implies that one must feelthe ground and sense that he is bare-foot.7 The Bach (OC 614) testifies thatseveral of his teachers would walk

completely barefoot on Yom Kippur,and he ruled accordingly. However, theMagen Avraham and Taz write that thegenerally accepted custom is to permitnon-leather shoes. The opinion thatprohibits any protective footwear isalso cited by the Sha’arei Teshuvah (OC554: 11) and the Kaf Hachaim (OC554:72). The Sha’ar HaTziyun quotesthe Chatam Sofer that when walking inthe street on Yom Kippur one shouldwear thin shoes so as to feel the groundand sense that he is barefoot. TheMishnah Berurah (614:5) concludesthat if possible, one should follow thestrict opinion in this regard and notwear protective shoes.

Contemporary authorities such asRabbi Chaim Kanievsky (Shoneh Hala-chot 614:3) and Rabbi Moshe Stern-buch (Moadim u’Zemanim 6:28),following the lead of the Gra (Moadimu’Zemanim, vol. 8, addendum to 6:28),8

recommend following the strict opin-ion when possible. 9 Rabbi YaakovAriel, the chief rabbi of Ramat Gan,similarly rules that one should notwear plastic shoes that resemble woodin their protective nature.10 He ob-serves that permission to wear sneak-ers was due to the fact that they werenot as comfortable as leather (a factorfor the Rif ) and that one can sense theground when wearing them (a factorfor the Rambam). However, RabbiAriel prohibits wearing on Yom Kippura non-leather shoe that one wears allyear long, which is as comfortable andprotective as leather shoes (as evi-denced by the fact that one chooses towear it regularly). He recommendswearing non-leather slippers, or simi-

Legal-Ease By Ari Z. Zivotofsky

WHAT’S THE TRUTH ABOUT . . . Fasting and WearingLeather on Yom Kippur?

Rabbi Dr. Ari Zivotofsky is on the faculty ofthe Brain Science Program at Bar-Ilan Uni-versity in Israel.

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lar footwear, through which one feelsthe ground beneath his feet. RabbiShlomo Zalman Auerbach (HalichotShlomo, Moadim, 5:17) disagrees, not-ing that our custom is to permit allnon-leather shoes, even if they arecomfortable, as today we are “istinisim”(fastidious).11

In the Torah, shoes often symbolizeone’s material essence, his physicalconnection to the terrestrial. In striv-ing for a purer state of spirituality onYom Kippur, one removes his shoessimilar to Moshe’s doing so at theburning bush (Shemot 3:5, see KliYakar), Yehoshua outside of Yericho,the kohanim in the Temple,12 and any-one ascending Har Habayit (MishnahBerachot 9:5) today.

Clearly, there is no general prohibi-tion against wearing leather on YomKippur. The five basic prohibitions donot even specify a prohibition againstwearing leather shoes. They do includea proscription on wearing “shoes,”which according to the normative ha-lachah is defined as leather shoes.g

Notes1. The early authorities debate whetherthe innuyim other than eating anddrinking are of Biblical or rabbinic ori-gin (e.g., Ran; Smag [Aseh 32]; Ram-bam [on Mishnah; Shevitat Asor 1:4-5and Maggid Mishnah]; Tosafot; Tur[OC 611]). The Talmud (Yoma 77a) de-rives from the statement about KingDavid in II Samuel 15:30, and themeaning of yachaif in Jeremiah 2:25that going barefoot is an innu’i .

2.Regarding these laws, TishahB’Av is usually similar to Yom Kippur.However, see Iggerot Moshe, YD 1:224that a child of chinuch age, i.e., one whounderstands the Churban,may notwear leather shoes, but younger chil-dren may. The Chachmat Adam 152:17rules that even older children who un-derstand the Churban may wearleather shoes. Many though take thestringent position and maintain thateven very young children shouldn’twear leather shoes (Sha’ar HaTziyun551:91).

3.See also Aruch Hashulchan (OC614:2-4) for an overview of the opinions.

4.Rashi elsewhere states that ana’al (shoe) is “something that pro-tects” (Yevamot 101a).

5. Shulchan Aruch, OC 554:16 and614:2 following the Rif, Rosh, and Tur.Rabbi Ovadiah Yosef (Yalkut Yosef,Moadim [5748] p. 90) permits woodenclogs with a leather strap.

Although in this regard the ac-cepted halachah is that “shoe” is syn-onymous with “leather shoe,” that maynot be true for all halachot. For exam-ple, the SA (OC 4:18) requires one towash hands after removing one’s shoe,and Rabbi Yitzchak Nissim, a formerIsraeli chief rabbi (1896-1981; YeinHa’tov 1:13), discusses whether wash-ing is required also for merely touchingone’s shoe and whether the halachahapplies to all shoes.

6.One must be careful not to mis-takenly wear sneakers with leathersides.

7. Yalkut Yosef (ibid.) permits non-leather shoes because the ground canbe felt through them.

8. There are divergent opinionswith regard to the Morning Blessing

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“She’asah li kol tzarki” as it relates tothanking God for shoes (Tur, OC 46).Many Ashkenazim have the custom torecite the berachah on Yom Kippur(MB 554:31 and Sha’ar haTziyun554:39), while many Sephardim (KafHachaim 554:78; 613:10; Kaf HachaimPilagi 46:17) and the Gra (Ma’aseh Rav)maintain that the berachah should notbe said on Tishah B’av or Yom Kippur.Among those Ashkenazim who do notsay the berachah,many say it MotzaeiYom Kippur andMotzaei Tishah B’Avwhen they put on leather shoes.

9. See Torah Lodaas, vol. 3, pp. 50-53. For those who argue that non-leather shoes are not halachicallyconsidered shoes, there is the possibil-ity of violating the prohibition of carry-ing on Shabbat. The Ramban(commenting on Shabbat 66a) raisesthis question. The Ran (Yoma 2b, s.v.u’mihu) justifies the standard practiceof wearing non-leather shoes publiclyon Yom Kippur by asserting that sincethey are standard attire on Yom Kip-pur, they are not a “burden” and maybe “carried” on one’s feet.

10. Shu”t B’ohala Shel Torah 2(5760), 291-293.

11. He does say (ibid. 5:16) that non-leather shoes that look like leathershoes should be avoided because ofmarit ayin.

12. Kohanim not wearing shoes dur-ing Birkat Kohanim is an unrelatedmatter (see Aruch Hashulchan, OC128:11-12).

MISCONCEPTION: It is preferable toeat a little and then spend Yom Kippurday in shul davening rather than stay athome in bed fasting.1

FACT: Fasting is unquestionably thepreferred option.

BACKGROUND: Fasting on Yom Kip-pur is a Biblical requirement, whilepraying the entire day is, at most, along-standing custom, albeit one with alot of significance. 2

Yom Kippur is mentioned severaltimes in the Torah (Leviticus 16:29, 31;23:27, 29, 32; Numbers 29:7) and thecentral theme each time is “innu’i,” af-fliction of one’s soul. Chazal explainthat on the most fundamental levelthis refers to a complete abstention

from eating and drinking (see Yoma73b-74b; SA, OC 612). Thus, when theTorah (Leviticus 23:29) states: “Forwhatever person shall not be afflictedon that day, he shall be cut off from hispeople” it is prescribing the punish-ment of karet to one who eats ordrinks on Yom Kippur.

Chazal explain that there are a totalof five innuyim, afflictions, that applyon Yom Kippur. In addition to abstain-ing from food and drink (which countas one type of affliction), one must alsoavoid washing, anointing, wearingshoes, and engaging in marital rela-tions. However, these other prohibi-tions do not entail the punishment ofkaret if they are violated, and the earlycommentators are divided as towhether they are of Biblical (e.g., Ran)or rabbinic origin (e.g., Tosafot).

In contemporary society, Yom Kip-pur is equated in many people’s mindswith an all-day (or a nearly all-day)synagogue service. However, it was notalways that way. In ancient times, thecentral Yom Kippur rite was the serv-ice performed in the Temple by thehigh priest. This is described in detailin the Torah and in even greater detailin the Talmud. Indeed, the vast major-ity of Tractate Yoma deals not withfasting or atonement, but with theTemple service. It was only post-Chur-ban that the prayer service took ongreater significance.

Throughout the ages and thechanging methods of worship on YomKippur, the one thing that has alwaysremained constant is the Biblical in-junction “to afflict oneself” by abstain-ing from the five specific sources ofcomfort, including the most significant,not eating or drinking. This hierarchyof priorities is reflected in an observa-tion by Rabbi Avigdor Nebenzahl,3 for-mer chief rabbi of the Old City inJerusalem, that despite the importanceof the final climactic prayer service ofNeilah, one should not exert oneself (tostand, for example) to the degree thathe will then have to break the fast early,or worse, have to go to the hospital.There is no point in expending extraeffort during Neilah if it underminesthe Biblical fast.

Similarly, Rabbi YehoshuaNeuwirth (Shemirat Shabbat Ke-hilchata 39:28, cited in Nishmat Avra-

ham, vol. 1, p. 306) states that someonewho is weak, such that the fast will bedifficult for him if he goes to shul, isobligated to fast and should stay in bedand not eat or drink even smallamounts that are less than the punish-able quantities (the size of a large datefor food and a cheekful of liquid). In afootnote, he cites this in the name ofthe Chatam Sofer (Shu”t 6:23), whonotes that even a small amount of foodor drink, termed chatzi shiur, is a Bibli-cal prohibition (for a healthy person).Rabbi Neuwirth also quotes what heheard from Rabbi Auerbach regardingone who is already permitted to drinksmall quantities throughout Yom Kip-pur because of illness: If remaining inbed will reduce the number of in-stances of drinking, even by one, then itis preferable to stay in bed rather thandavenwith a minyan. This wasreprinted in the subsequently pub-lished Halichot Shlomo (Moadim:Tishrei-Adar, 4:6), where it is stressed(ibid., note tet) that this is true accord-ing to all opinions because fasting isthe “mitzvah of the day,” and in com-parison, the mitzvah of communalprayer is relatively insignificant. Fur-thermore, (ibid., note 23, cited fromNishmat Avraham, vol. 5, p. 50) in prac-tice Rabbi Auerbach instructed preg-nant women to remain at home if theeffort of attending shul would causethem to eat or drink, or even increasethe amount they would drink if theywere already drinking.

Rabbi Auerbach (ibid., note 24,cited from Nishmat Avraham, ibid.) ex-panded this idea and stated that if car-ing for the children would cause awoman to eat, then her husband is ob-ligated to remain at home and assistwith the children. He explained thatthis is because the husband shares hiswife’s obligations. This would appar-ently not apply to others. Thus, if a sin-gle mother (or a woman whosehusband is out of town4) will have tobreak her fast because of the effort in-volved in caring for her children, aneighbor would not be obligated toforgo shul attendance to help with thechildren so that she does not break herfast (although it would probably not beprohibited for him or her to do so).

Developments in contemporarymedicine give rise to a new question:

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What actually constitutes breaking afast? Is intravenous feeding consideredbreaking one’s fast? Regarding YomKippur, the prohibition is not one ofeating but an obligation to afflict one-self, a condition that may be somewhatrelieved by IV feeding. Nonetheless, itis nearly universally agreed that fastingmeans avoiding taking in food anddrink orally (see Shu”t Chatam Sofer,OC 127; Achiezer 3:61; Chelkat Ya’akov,OC 215; Tzitz Eliezer 10:22:21; TeshuvotVehanhagot 2:290, and Rabbi YitzchakZilberstein, Shabbat Shabbaton, chap.96). Thus, an IV on Yom Kippur mayactually not violate the restrictions ofthe day. If indeed artificial nourishmentis less of a prohibition, should a personwho needs to eat opt instead for an IV?Most authorities say that one is not re-quired to do so, and some actively dis-courage it. Some of the reasonsadvanced are: 1. It might be prohibitedto insert an IV (Iggerot Moshe, OC4:101:3); 2. food may be healthier (Ig-gerot Moshe, OC 3:90, 92); 3. other as-pects of IV may be harmful(Maharsham 1:123); 4. There is no ha-lachic obligation to search for a way to

avoid having a sick person eat on YomKippur (Rabbi Levi Yitzchak Halperin,Ma’aseh Choshev 3 [5757], 21, 265-274).

The above pertains to a sick per-son for whom the choice is either eat-ing or using an IV, and the halachicpreference seems to be to allow nor-mal eating and drinking. But whatabout if the choice is between stayingin bed and fasting or going to shul buttaking IV nourishment? It wouldseem that the halachah in such a caseis to remain in bed.

None of this is meant to minimizethe all-day communal prayer service inshul. The praying in shul, the service inthe Beit Hamikdash, and the fasting, allhave one goal –to bring one closer toGod and lead one to teshuvah. It is notjust about abstaining from food; it isabout repentance (I Samuel 7:6) and ex-periencing a spiritual awakening (Yoel2:12). This message is included in thehaftarah of Yom Kippur itself (Isaiah58:5-6; cf. Mishnah Ta’anit 2:1, based onYonah 3:6). Thus, while the fast must beobserved in all its technical details, wemust bear in mind that the fast is themeans, not the goal. It is a tool that

serves the ultimate purpose of repen-tance. May we all have a healthy fastand may our prayers be answered,whether they are recited in the syna-gogue or at home.g

Notes1. Rabbi Yaakov Wehl, z”l, my rebbe atthe Hebrew Academy of NassauCounty (HANC), would regularly usethis misconception as a springboard fordiscussions about Yom Kippur.

2. There is no halachic authoritywho rules otherwise, but it is worthnoting that it is not as simple as I havepresented it. Dr. Avraham Avraham(Nishmat Avraham, vol. 4, pp. 81-83), forexample, questions this halachah basedon the ruling regarding setting sail onerev Shabbat for the purpose of a mitz-vah (OC 248:1; MB, ibid:2).

3. Quoted in Rabbi Moshe Harari’sMikra’ei Kodesh, Hilchot Yom HaKip-purim, p. 283, note 24.

4. It is clear from Rabbi Shlomo Zal-man Auerbach that if the wife cannothandle the children alone withoutbreaking her fast, her husband shouldnot make plans to leave for Yom Kippur.

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