My Machberes,Rabbi Gershon Tannenbaum

Kapparos Report

In years past the observant community has expressed its outrage at several kapparos centers that have flagrantly violated acceptable norms in the handling of chickens used in the millennia-old custom of kapparos. The Shulchan Aruch - Code of Jewish Law, authored by Rabbi Yosef Karo, zt"l (1488-1575) (reverently referred to as the Mechaber) in the first edition, refers to the custom of kapparos as "foolishness" and that "the practice should be prevented."

Rabbi Moshe Isserlis, zt"l, (1520-1572) renowned as the Remah and author of the glosses (a note made in the margins or between-the-lines) incorporated in virtually all published editions of the Shulchan Aruch, noted that the custom of kapparos is very old and widely-practiced in European countries.

Rabbi Karo was born in Spain and, after the Spanish expulsion of 1492, settled in Portugal. In 1497, he moved to Greece and then to Turkey in 1520, settling in Safed in 1535. Rabbi Isserlis was born and lived in Poland and was consulted by the Mechaber (Rabbi Karo) to add a European perspective to the Shulchan Aruch.

The kapparos custom presumably dates back to the destruction of the Beis HaMikdash (Holy Temple) somewhat resembling the Kohen Gadol (High Priest) choosing one of two goats on Yom Kippur through a lottery (Leviticus 16:8) and designating it as the Azazel (16:10) to absorb the sins of the entire people of Israel.

The people present at the Temple prostrated themselves when the Kohen Gadol declared a communal confession, while individuals in the crowd confessed their personal transgressions privately. The Kohen Gadol then sent the goat off to the wilderness (16:21-22).

The prevailing custom is to perform kapparos between Rosh Hashanah and Yom Kippur, though some perform it before Hoshanah Rabbah. Males use a rooster and females use a hen. Pregnant women use both a rooster and a hen, some recommending that she use one rooster and two hens.

After the ceremony, the chicken is slaughtered and either given to poor people or redeemed and the substituted monies (recommended by the Maharil) given to the poor. Rabbi Yaakov Moellin, zt"l (1365-1427), famed as the Maharil, authored Minhagei Maharil, the primary source of minhagei Ashkenaz cited frequently by the Remah in the Shulchan Aruch.

The Mishnah Berurah, a relatively recent commentary on the Shulchan Aruch, authored by Rabbi Yisroel Meir Kagan, zt"l (1838-1933) Rosh Yeshiva in Radin, Poland, and celebrated author of Chofetz Chaim, indicates that a goose or any other kosher creature can be used, as long as it was not used for sacrifices in the Beis HaMikdash. The Mishnah Berurah includes fish as an alternative, though handling slippery fish, one can well imagine, would be a challenge.

Kapparos- 2003

In November of 2003, KIS (Kashrus Information Service) issued a report on the kapparos centers operating in Boro Park. They visited each kapparos establishment and collected the necessary kashrusinformation available. In addition, they carefully observed the operations and kashrus supervision, if any. KIS then released their compilations, as well as its recommendations, hoping that it would serve as a guide in the necessary upgrading of kapparos kashrus. KIS did not and does not provide kashrus supervision or certification, but only acts as an independent monitor.

Rabbi Moshe Y. Weiner (Photo by Isaac Hager)

Rabbi Moshe Y. Weiner serves as rabbinic administrator, and Rabbi Eli Teitelbaum as chairman of KIS, whose headquarters is at 1618- 43rd Street in Boro Park. Member rabbis of the KIS in 2003 were: Rabbi Chaim Elazar Friedman; Rabbi Shraga Feivel Hager; Rabbi Eliezer Horowitz; Rabbi Yaakov Horowitz; Rabbi Chaim Dovid Katz; Rabbi Ben Zion Strasser; Rabbi Mechel Steinmetz; Rabbi Chaim Yaakov Tauber; and Rabbi Moshe Menachem Weiss.

Kapparos - 2005

In advance of the kapparos 2005 season, KIS of Boro Park and the Kosher Information Center (KIC) of Flatbush, under the direction of Rabbi Moshe Y. Weiner, issued a number of announcements asking the public to patronize only those kapparos services that conform to total halachic strictures and provide humane handling of its chickens.

In its report to congregational rabbis following the kapparos 5764 season, it scathingly described an excess of violations as a warning for future activities. KIS repeated its warnings after the kapparos 5765 season. KIC compiled a report of the 5765 performances and expanded its cautionary announcements for kapparos 5766.

Tomchei Shabbos of Boro Park, a community crown jewel that distributes foods confidentially to needy families throughout the year, has for years declined accepting kapparos chickens as donations, specifically because of the unacceptable handling of the chickens before and after shechitah. In several kapparos centers KIS found that, in addition to chickens being reused repeatedly (literally deceiving the paying public) they were not provided enough room, not fed properly,if at all, were being schechted by unqualified and unsupervised shochtim and improperly disposed of.

Several situations were reported where proprietors left for Yom Kippur and the chickens were abandoned and died en masse. In several instances, outraged neighbors brought food and water to feed the unattended chickens. This inhumane treatment is clearly prohibited by the Torah (Mishnah Berurah 305:9 and Taz, Hilchos Yom Kippur 605).

KIS reported that mosdos such as Belz; Bobov; Munkatch; Satmar; Skver; and Vishnitz, adhering to the highest standards, ran reliable kapparos centers. In addition, kapparos centers located on 45th Street at 14th Avenue, 16th Avenue at 56th Street, and 18th Avenue at 52nd Street were found acceptable. However, many other locations were not.

At the unacceptable kapparos centers, KIS has found that once the chickens were used for kapparos and slaughtered, sometimes they are then distributed to organizations that dispense them to needy families. The chickens, however, are not processed or salted properly, or not at all, relying on recipients to do the kashering.

However, the recipients are highly unlikely to be familiar with kosher processing and salting and will either assume that the chickens, coming from religious organizations, are already fully kashered or will consume them regardless. That responsibility rests squarely upon the kapparos centers and the distributing organizations.

Kapparos - 2007

A meeting of rabbis, rebbes and roshei yeshiva, was called in response to a letter, dated July 30, 2007, sent by PETA (People for the Ethical Treatment of Animals) the organization well-known for its battles against shechitah (kosher slaughter), to Commissioner of New York City's Department of Health and Mental Hygiene, Thomas R. Frieden, reporting "mounting incidents of cruelty of animals" in some of the kapparos centers in Brooklyn.

The letter complained of " a serious health concern that children handle live, feces-covered, and possibly diseased chickens and wade through the blood of slaughtered poultry. The risk of communicable avian diseases and bacterial contamination is alarming, and the inhumane treatment and mishandling of animals at every stage of the process must be prevented."

The letter demanded that "Because of the mounting incidents of cruelty to animals recorded on video and published in media reports as well as the public health hazards involved in operating a de facto slaughterhouse on a busy urban street, the issuing and conditions of any permits for the kapparos ritual must be examined."

Copies of the letter were sent by PETA to Charles Hynes, Brooklyn District Attorney; Rabbi Luzer Weiss, director of the Kosher Law Enforcement Division of the New York State Department of Agriculture; and to a goodly number of health and animal rights activists.

Hamodia, in its editorial of August 8, 2007, acknowledged that, " valid concerns have been raised about the treatment of chickens in the kapparos process." The editorial further noted that "The mass production nature of the modern-day kapparos process may explain the reported laxity in the avoidance of tza'ar ba'alei chaim, but it does not justify it. Careless handling of the birds is unacceptable as a matter of Halachah and could, chas v'Shalom, also lead to Chillul Hashem if not rectified soon."

Matesdorfer Rav (Photo by Heshy Rubinstein)

The meeting of the rabbis, roshei yeshiva, and Chassidishe rebbes took place in the Novominsker Beis Medrash. Participants, in alphabetic order, were: Rabbi Simcha Bunim Ehrenfeld, Matesdorfer Rav; Rabbi Moshe Elefant, representing the Orthodox Union; Rabbi Eliyahu Fischer, Rosh Kollel Ger of Boro Park; Rabbi Yosef Frankel, Vyelopoler Rebbe; Rabbi Shraga Feivel Hager, Kosover Rebbe; Rabbi Yisroel Heller, of the Beth Din of Crown Heights; Rabbi Shmuel Kaminetzky, Rosh Yeshiva Philadelphia; Rabbi Aryeh Malkiel Kotler, Rosh Yeshiva Beis Medrash Govoha of Lakewood; Rabbi Shmuel Lefkowitz, representing Agudath Israel; Rabbi Yaakov Perlow, Novominsker Rebbe; Rabbi Yehoshua Rubin representing Bobov; Rabbi Aaron Shechter, Rosh Yeshiva Rabbi Chaim Berlin; Rabbi Menachem Mendel Teitelbaum, Williamsburg Satmar Rav; Rabbi Tzvi Hersh Weinreb, Orthodox Union Executive Vice-President; Rabbi Moshe Menachem Weiss, Boro Park Pupa Dayan; and Rabbi Chaim Dovid Zweibel, Agudath Israel Vice- President.

The session, chaired by Rabbi Gedaliah Weinberg, a well-known neighborhood activist, and authoritatively addressed by Rabbi Luzer Weiss, identified and attempted to deal with problems generated by freelance, unrestricted, and irresponsible kapparos center operators who are presently not supervised by or answering to anyone.

Novominsker Rebbe (Photo by Tzemach Glenn)

Rabbi Weiss described chicken suppliers who deliver birds to one kapparos center on Sunday where they are used for kapparos ceremonies, pick up the birds on Monday and deliver the very same birds to the next kapparos center for reuse. Such recycling of chickens is against Halachah, constitutes fraud and deception, and exposes the birds to additional abuse.

The session directed that all kapparos centers be prohibited from allowing chickens to be in the sun all day, that the birds be protected by an awning or improvised roof, and that the birds be sprayed with ample water periodically. In addition, the session focused on health concerns.

Kosover Rebbe (Photo by Heshy Rubinstein)

Dr. Yitzchok (Richard) Cofsky of the Department of Infectious Diseases at Brookdale University Hospital Medical Center Brooklyn, reported that holding a chicken will not impart an infectious disease. However, if chicken feces somehow become embedded under one's fingernails and are somehow ingested, severe stomach cramps are possible. However, Dr. Cofsky assured the session, chicken feces ingestion will not develop into an infectious disease. In response, the assembled rabbis regulated kapparos centers to have adequate supplies of surgical gloves as well as alcohol hand wipes.

Kapparos - 2003, KIS Recommendations

After having thoroughly investigated the kapparos situation - rather crisis - KIS issued their recommendations. First and foremost, each kapparos center must have a reliable and identifiable hashgachah (kosher certification). The kosher consumer would not purchase food from a butcher or take-out store that does not have an acceptable hashgachah; paying for kapparos at a center that does not have an acceptable hashgachah should be equally unthinkable.

The hashgachah must oversee that no tza'ar ba'alei chaim (abuse) of chickens takes place; that the shechitah is satisfactory, that a regular bedikah (examination review) takes place, that melichah (kashering) is performed, and that the ultimate disposition of the slaughtered chickens are to poor families or religious institutions.

Further, repetitive ceremonial uses of the same chickens must be prevented. In addition, separation of men and women at kapparos centers must be upheld.

The KIS 2003 recommendations have been repeatedly circulated. Now is the time to finally heed their alarm. A continuation of kapparos kashrus abuses cannot be allowed to continue. The kosher consuming public must become sensitive to this issue and register its outrage.

The Yomim Noraim (High Holy Days) must become a time of compassion for the poor, who in the end, will eat these kapparos chickens. They, no less than any other Jew, deserve that the food on their plates be kosher.

Immediately after the Yomim Noraim a thorough review must be made of that year's performance of kapparos centers and released to the public. Rabbi Moshe Y. Weiner, has indicated that KIS will not shrink from this important task.

Reviewing the entire current kapparos situation, using alternatives to chickens such as money to tzedakah, might be a desirable option. Even using a fish might be a good idea, if you can hold onto it!

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