The much-embattled Jewish ritual of using a purchased, donated live chicken as a “kapparah,” or sacrifice with which to absolve one’s sins before Yom Kippur has been given a green light in New York.
The purchased chicken is returned to the organization after completing the prayer and is then ritually slaughtered and donated to the poor for food. In some communities money has replaced the rite where chickens have become unavailable or where politics have made the issue so unpalatable that it community leaders no longer have the energy to cope with the fallout.
State Supreme Court Justice Debra James decided against a petition by The Alliance to End Chickens as Kaporos, ruling there was insufficient evidence to prove the ritual a public nuisance, the New York Post reported last week.
The lawsuit was filed this past July and named several rabbis, synagogues, the New York Police Department and New York City as well. It accused the NYC Health Department and the NYPD of aiding and abetting in the ritual by blocking off streets and sidewalks, and not enforcing city and state health and animal cruelty laws.
Various animal rights organizations, including PETA at one point, have annually made the same attempt.
Rabbi Shea Hecht, chairman of the board of the Chabad-Lubavitch-linked National Committee for Furtherance of Jewish Education (NCFJE), told JewishPress.com in a phone call on Sunday the organization is greatly relieved the judge upheld the ancient custom.
“We are very happy and proud that the Judge held up our Constitutional rights, which are based on freedom of religion, and has allowed us to keep this ancient minhag (custom). Although we recognize that this issue is not over,” he added, “we are thankful to God that we have the opportunity to carry out this important mitzvah to its fullest measure.”
The ritual is carried out as follows:
The live chicken is held above one’s head, and then slowly moved around in three sets of three circles as the petitioner recites a prayer that speaks of the “shadow of death… foolish sinners, afflicted because of their sinful ways and their wrongdoings.”
At no time is it considered permissible to handle the bird roughly, nor is it permissible to torment or upset the bird in any way, which itself is considered the separate sin of tza’ar ba’alei chaim (causing distress to a live creature of God).
The prayer (a brief excerpt follows) goes on to urge repentance, and describe how to expiate one’s sins on the day before Yom Kippur.
“They cry out to the Lord in their distress; He saves them from their afflictions. Redeem him from going down to the grave; I have found expiation [for him]… This is my exchange, this is my substitute, this is my expiation. This rooster/hen shall go to its death and I shall proceed to a good, long life and peace.”
Hana Levi Julian