Sunday, September 02, 2007

Is Shlagging Kapparos Humane?

I have never understood the roots of the Minhag to Shlag Kapporos. For those who don’t know what that is, Shlagging Kapparos is an annual custom performed by many Jews on Erev Yom Kippur (Yom Kippur eve). One takes a live chicken and waves it over one’s head three times while saying a Hebrew phrase to the effect that this chicken should be slaughtered in lieu of oneself who may be deserving of like punishment for sins committed throughout the year. Some actually throw the chicken on the floor. The chicken is then slaughtered and eaten or in many cases it is given to the poor for them to eat.

I suppose the root of this custom is based on the idea of Karbanos… animal sacrifices permitted only during the Temple era… as Kapparos for our sins. It is similar to the concept of Korban Chatas. This is an animal sacrificed in the Beis HaMikdash for unintentional violations of sin that… if done intentionally would require the death penalty in some form. The animal sacrificed was in lieu of the death penalty one might have incurred.

Neither the Rambam nor the Shulchan Aruch approved of this ritual saying it is akin to practices of idolatry. But this custom is still practiced today based on Rabbi Isserles whose glosses to the Shulchan Aruch are authoritative for Jews of European descent, known as Ashkenazim. Shlagging Kapparos is therefore done by many people, especially Chasidim. But many non Chasidim have shied away from using live chickens substituting money which is then given to charity.

But now the custom of using chickens has returned with a vengeance and many non Chasidim …in the never ending move to the right… are using chickens instead of money. They seem to think it’s the frummer thing to do. But is it? Not if one looks at the result.

A huge problem has been created: that of the inhumane treatment of animals. Because of the huge numbers of people who now have this custom there are vast numbers of chickens that require slaughtering all at the approximate same time. This makes humane treatment almost impossible. Inhumane treatment is almost guaranteed when there are such large numbers. An article in the Forward describes the extent of the problem. Here is an excerpt describing some of the deplorable results of the current trend:

In 2006, the American Society for the Prevention of Cruelty to Animals discovered 700 chickens that had been left in a garage in Brooklyn and, in another instance, PETA filed a complaint with the ASPCA in upstate New York when it found a batch of similarly abandoned birds.

PETA’s letter this year was accompanied by a lengthy video from ceremonies in 2005 and 2006. Included are scenes of live chickens being stuffed into garbage bags and teenagers ripping the heads off of chickens, which would clearly render the chickens un-kosher.

“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 said.

One might be tempted to say, “Who are we to worry about the humane treatment of animals?” “This is a Minhag Yisroel and should not be tampered with.” “We should be as careful as possible but nonetheless, Shlagging Kapparos should be continued as is.”

But this view would counter the Mishnah Berura’s approach. The Chafetz Chaim, who is the author of the Mishnah Berura saw the inherent problem and said if the demand exceeds the ability to do proper Shechitah, one should not do Kapparos on Erev Yom Kippur. He should instead do it earlier… at any time during the Aseres Yemei Teshuva (the 10 days between Rosh Hashanah and Yom Kippur designated to promote penance).

But at current numbers, even staggering the slaughter across 10 days will not significantly reduce the problem. Considering the seriousness of the violations that could occur, it behooves everyone who is considering doing it this year to re-think Shlagging Kapparos with live chickens and substitute money instead.

Why Rabbi Karo’s approach was not more accepted doesn’t really make sense to me anyway. It does smack of idolatry. And anything that smacks of Idolatry ought to be forbidden entirely.