Shulchan Aruch: Chapter 608 - Order of the Meal Preceding the Fast

SECTION 608 The Order of the Meal Preceding the Fast. (1–10)

1 It is a positive Scriptural commandment to add [time] from the mundane realm to the realm of holiness,1 both with regard to afflicting oneself2 and with regard to the prohibition against work, as it is written, “And you shall afflict your souls on the ninth of the month in the evening; from evening to evening shall you observe your day of rest.”3

Could [the verse mean] that one should fast on the ninth of the month? [It could not, for] the verse states, “In the evening.”4 If one postulates “in the evening,” should [the fast begin] from nightfall? [It could not, for] the verse states, “On the ninth.” What, then, is implied? One should begin to fast while it is still day.5 From this we learn that we must add [time] from the mundane realm to the realm of holiness.

(Sec. 604[:1] states that from the exposition of this [same] verse it was derived that we are commanded to eat on the day preceding Yom Kippur. Nevertheless, the simple meaning of the verse is that one must actually fast [on part of that day], as explained here. It is only that the Sages commanded that one eat more [than usual] on the day preceding Yom Kippur, for the reason explained there. They found a support6 [for this practice] in the Torah, as it is written, “And you shall afflict [your souls] on the ninth of the month.” The Sages interpreted this to mean that one should prepare oneself for the affliction of the tenth by eating on the ninth.)

[The above teaches only that time must be added] before [the fast]. What source teaches that [time must also be added] after [the fast]? The verse states, “from evening to evening.” This establishes an equation between the two evenings. [Just as time must be added in the evening preceding the fast, time must be added in the evening following the fast.]

[The above refers] solely to Yom Kippur. What source teaches that [time should also be added] with regard to Shabbos? The above verse continues, “shall you observe [your day of rest].”7 What is the source that teaches that [an addition should also be made] with regard to festivals? The verse concludes, “[shall you observe] your day of rest.” [This implies that] whenever you observe a day of rest, you must add to it from the preceding [day] and the following [day].

Lest one think that [non-observance of] this addition8 is punishable by kares,9 a [preceding] verse states,10 “Any [person] who performs any work on that very day,11 I will cause to perish….” Similarly, with regard to afflicting one’s soul, it is written,12 “Any [person] who will not afflict himself on that very day will be cut off.” Thus the punishment of kares is administered for [working or eating on] “that very day,” but not for [committing these transgressions in] the additional time [appended to the holiday].

2 This time must be added before bein hashmashos,13 for [this] period itself is a matter of question: (Is it day) or is it night? Therefore, [observing the prohibitions at this time] is not considered an addition. Indeed, even if Scripture did not forbid [partaking of food or working] at that time, one would still have to refrain because of the possibility of transgression.

3 This additional period does not have a fixed measure. Instead, [the concept can be explained as follows]: There is a period of time [sufficient to walk] three-and-a-quarter mil from the beginning of sunset, i.e., when the sun is no longer visible on the earth, until bein hashmashos. [Bein hashmashos] itself begins from [the time it takes to walk] three-quarters of a mil before nightfall.14

If one desires, he may consider this entire time15 as the addition [to the holy day]. If he desires, he may convey this status on part of that time, provided he adds a certain amount of time that is definitely mundane to the holy [day].

4 [The following principle applies in a situation in which] women eat and drink until the actual beginning of bein hashmashos,16 unaware that it is a mitzvah to add time from the mundane realm to the realm of holiness. If [one] is certain that [his warnings] will not be heeded and they will continue willfully, he should not reprimand them.17 Better that they [transgress] unknowingly18 than knowingly.19

This principle applies to all prohibitions that are not explicitly stated in the Torah, but [(a)] were derived by the Sages through the principles of exegesis, or [(b)] were received as a tradition passed down to them as laws taught to Moshe [orally] on Mount Sinai,20 or [(c)] were ordained by the Sages themselves. If a person unwittingly violates a ruling of the Sages because he does not know of the prohibition, and even if he were to be informed he would not stand corrected, there is no obligation to reprimand him. [On the contrary,] it is preferable for him [to transgress] unknowingly than [to transgress] knowingly.

5 With regard to a prohibition explicitly stated in the Torah,21 by contrast, one is obligated to reprimand a transgressor even if one knows that he will not accept the rebuke when he is informed of the prohibition.22 [The rationale is that] all of Israel are responsible for each other,23 and by reprimanding [the transgressor] one frees himself of this liability. Nevertheless, one should not reprimand him publicly more than once.24 One should not repeatedly reprimand [the transgressor] publicly25 once he is certain that [the transgressor] will not accept his rebuke. With regard to such matters it was said,26 “Just as it is a mitzvah to say something that will be heeded, so is it a mitzvah not to say something that will not be heeded.”

In private, by contrast, one is obligated to reprimand [the transgressor] even 100 times,27 until the transgressor berates him.28 Since he informed him of the transgression and he [continued] to willfully violate it, each and every member of the Jewish people is obligated to rebuke him, as it is written,29 hocheiach tochiach — “You shall surely rebuke.” [The dual verb implies that one must reiterate a rebuke] even 100 times.

Nevertheless, if the transgression was performed in private, the rebuke should be administered first in private.30 If, however, [the transgressor] does not amend his conduct, he should be shamed publicly until he repents.31 If, however, he transgressed overtly, he should be rebuked immediately, so as not to bring about a desecration of G‑d’s name.32

6 If one rebuked a fellow Jew [for committing a transgression], and [he] berated him, he should not rebuke him again for the same transgression, as it is written,33 “Do not rebuke a mocker.”

7 If one stopped eating while it was [obviously] still daytime, he may eat again even though he had resolved not to eat any more that day, because he did not articulate [this intent], and the designs of one’s heart are not binding.

If one did articulate [this intent] he is forbidden to eat, (not because of the prohibition of [eating on] Yom Kippur, but) because [he is considered to have taken] a vow, for he explicitly said that he would not eat again that day.34

[Different principles apply,] however, if one undertook the fast of Yom Kippur without further qualification, not stating explicitly that he would no longer eat. If it is before plag haminchah,35 his acceptance is of no consequence, and he may eat again. If, however, (for the reason, see sec. 261[:5],36) it is after plag haminchah, his acceptance is significant and the full stringency of Yom Kippur applies to him. [Besides being forbidden to eat,] he is forbidden to work, to wash, or to anoint himself. He is, however, allowed to wear shoes, as stated in sec. 553.37

There it is explained that it is advisable to be stringent and to stipulate38 at [the conclusion of] the meal preceding the fast that one will still be permitted to eat and drink after the meal.

8 On the day preceding Yom Kippur, even during the morning meal, one should eat only foods that are readily digestible (so that he will not be [overly] satiated),39 e.g., fowl and fish, so that he will not be satisfied and proud while praying on the day preceding Yom Kippur.

Additionally, one should not eat foods that spur [the production of] semen, e.g., garlic and eggs, even in the morning meal. Milk products and butter,40 by contrast, although they [too] spur the production of semen, are customarily eaten in the morning, since they are easily digestible. One should not, however, partake of them at the meal before the fast that is close to nightfall. Similarly, at that meal one should not partake of foods such as spices and saffron that arouse the body’s natural heat, lest that lead to a nocturnal emission.

9 One who overate on the day before Yom Kippur should not put his finger down his throat [on Yom Kippur]41 in order to vomit, lest he swallow part of his vomit.

10 One should not eat sesame seeds on the day preceding Yom Kippur, [lest] they cause regurgitation on Yom Kippur.