Shulchan Aruch: Chapter 604 - [Conduct] on Erev Yom Kippur

SECTION 604 [Conduct] on Erev Yom Kippur. (1–7)

1 [It is written,]1 “And you shall afflict your souls on the ninth of the month….” But is it on the ninth of the month that we fast?!2 In fact we fast only on the tenth! For so it is written: “On the tenth of the month you shall afflict your souls,”3 and “from evening to evening [shall you observe your day of rest].”4

The intent of the [first] verse is: Prepare yourself on the ninth [of the month] for the affliction of the tenth. Eat and drink on the ninth, so that you will be able to fast on the tenth.5

It is out of G‑d’s love for the Jewish people that He commanded them to fast only one day in the year.6 And this is for their good, to atone for their sins. [Moreover,] He commanded them to eat and drink first, so that the fast would not harm them.7

The reason the verse refers to eating as “affliction” rather than stating explicitly that people should eat and drink on the ninth day is to teach that one who eats and drinks on the ninth is considered by Scripture as if he fasted on it because of G‑d’s command — that we afflict ourselves on this [day]. And [the verse refers to eating on this day as “affliction,” because generally] the reward that one receives for eating and drinking because of G‑d’s commandment is not comparable to the reward that one receives for fasting because of G‑d’s commandment.8

Nevertheless, one who eats and drinks on the ninth [of Tishrei] receives a great reward as if he fasted (on the ninth and the tenth),9 because of G‑d’s command that we fast (on those two days).

[The rationale for this distinction is that] since Yom Kippur itself cannot be honored with food and drink as one honors other festivals,10 it must be honored on the preceding day.

Accordingly, it is forbidden to fast on the ninth, even on account of a [disturbing] dream. [Such] a fast is permitted on Shabbos and on festivals,11 but on the day preceding Yom Kippur, when eating and drinking is considered as affliction, as explained above, one should not fast. Instead one should eat and drink, and this will be considered as if he fasted because of his dream.

Nevertheless, if a person desires to fast because of a dream until the meal before the fast,12 one should not protest against this. The rationale is that the day preceding Yom Kippur is not like Shabbos, concerning which it is said,13 “And you shall call the Shabbos a delight.” This is why it is forbidden to fast [on Shabbos] for even one moment for the sake of a [ritual] fast, unless the fast is undertaken because of a disturbing dream, as explained in sec. 288[:1, 3]. With regard to the day preceding Yom Kippur, by contrast, “delight” is not mentioned; it is only that it is a mitzvah to eat on that day. Thus if one ate once in the course of the day, he has fulfilled his obligation.

2 If one transgressed and erred [by] fasting that entire day, he must undertake a fast after Yom Kippur to atone for having fasted on the day preceding Yom Kippur. If he fasted only until the meal preceding the fast, he is not required to fast [again] after Yom Kippur.

3 [For the laws regarding] one who vows to fast on this day, see sec. 570.14

4 According to the letter of the law, it is permitted to eulogize a person on the day preceding Yom Kippur, for it is not a festival at all, and has no distinctive quality other than the obligation to eat on that day. Nevertheless, it is customary to treat it as a festival. On that day, [therefore,] eulogies are not delivered, except for a departed sage [while we are] in his presence, or for [a departed sage] on the day that news of his passing first arrives, [for then the mourning is as intense and it is] as if one was in his presence, as explained in sec. 547.15 Similarly, the passage known as Tziduk HaDin16 is not recited [on this day] except for a sage and in his presence.

Likewise, [the confessional supplications known as] Tachanun are not recited on this day, nor are [the penitential prayers called] Selichos recited at length before dawn as is customary on the other days.17 In some communities, however, it is customary to recite Selichos at length, because they consider this day as a festival only from dawn onward, not on the preceding night. Everything should follow the [local] custom.18

5 One whose custom is not to eat meat on a weekday except on days when Tachanun is not recited is permitted to eat meat even on the eve of the ninth of Tishrei. Certainly, this applies during the day.

Where does this apply? In places where it is not customary to recite Selichos extensively at night, for they consider the night, too, as part of the festival. By contrast, in regions in which Selichos are recited extensively, and the night is not considered as a festival, [such a person] should not eat meat that night.

[Moreover,] even in places where Selichos are not recited extensively, [such a person] should not eat meat before the stars appear19 on the eve of [the ninth of Tishrei] even if he recited the Evening Service before nightfall.20 The rationale is that only actual nighttime is considered as a festival. [This is evident from the fact that] Tachanun is recited after She­moneh Esreh in the Afternoon Service of the eighth of Tishrei, whereas with regard to the other days21 on which Tachanun is not recited, it is also omitted even in the Afternoon Service of the preceding day. This indicates that the day preceding Yom Kippur is considered as a festival only from the appearance of the stars onward.

6 The psalm LaMenatzeiach… yaancha is not recited [on the ninth of Tishrei], for it is not “a day of distress.” 22 Nor is the psalm beginning Mizmor LeTodah23 recited on that day, for the reason given in sec. 51[:1].24

7 On this day the prayer beginning Avinu Malkeinu is not recited in the Morning Service nor in the Afternoon Service. The custom of some communities is to recite Avinu Malkeinu at Shacharis on the day before Yom Kippur [in years] in which Yom Kippur falls on Shabbos and [hence] Avinu Malkeinu is not recited, as explained in sec. 619[:23].25