It is well-established that one who is dangerously ill on Yom Kippur need not fast (see Yoma 82a). It is also well-known that such a dangerously sick individual should try to limit his eating and drinking to very small quantities on Yom Kippur. In this chapter, we will seek to elucidate some of the issues involved, review the dispute as to whether this rule applies to Tish’ah B’av as well, and offer some suggestions for pregnant women who face this question.
The Shiur for Eating
The Torah (Vayikra 23:29) teaches that one who eats on Yom Kippur is punished with kareit (spiritual excision).1Rashi (Vayikra 17:9 s.v. V’nichrat and 20:20 s.v. Aririm) mentions that kareit can entail dying childless, burying one’s children, or dying prematurely. The Gemara (Mo’eid Katan 28a) defines “prematurely” as before age fifty. This punishment takes effect, according to the Mishnah (Yoma 8:2), only if he eats or drinks the shiur (requisite amount), which, for Yom Kippur, is a volume of food equivalent to the size of a large date (kakotevet hagasah) or a quantity of liquid that could fill one’s cheek (melo lugmav).
It should be noted that, to incur the punishment of kareit, the shiur must be consumed in an interval shorter than the time it takes to eat half a loaf of bread (kedei achillat pras). Acharonim debate exactly how many minutes this refers to. The Mishnah Berurah (618:21) cites the Chatam Sofer’s ruling (Teshuvot Chatam Sofer 6:16) that kedei achillat pras is the equivalent of nine minutes, while the Aruch Hashulchan (O.C. 618:14) writes that it is six to seven minutes.2For a review of the opinions on this matter, which range from two minutes to nine minutes, see the sources cited in the Shemirat Shabbat K’hilchatah (39:18 footnote 71).
In a celebrated dispute (Yoma 74a), Reish Lakish and Rabi Yochanan disagree regarding one who ate or drank a chatzi shiur (partial measure) of these amounts. Reish Lakish argues that although it is rabbinically forbidden to eat or drink even a tiny amount of food on Yom Kippur, one who does so has not violated a Torah prohibition, since the Torah does not consider consuming such a small amount to be “eating.” Rabi Yochanan, on the other hand, believes that one who eats or drinks a tiny amount violates a biblical prohibition. He reasons that since the tiny scrap is “chazi l’itzterufei” (has the potential to be combined with more food and contribute to a full shiur), it still qualifies as a Torah prohibition, even though eating this smaller amount it is not punishable by kareit. The position of Rabi Yochanan is codified as normative Halachah (Rambam Hilchot Shevitat Assor 2:3 and Shulchan Aruch O.C. 612:5).
Eating Less than the Shiur
In case of a potential threat to life, however, one may eat less than the shiur. The Gemara (Keritot 13a) states, “The Rabbis permitted a pregnant woman to eat less than a shiur due to the danger.” The Gemara clarifies that she certainly may eat more than a full shiur if emergency health considerations require eating and less than a shiur will not suffice to preserve her life. The Ramban (Torat Ha’adam 2:28 in Rav Chavel’s Kol Kitvei Haramban), the Rosh (Yoma 8:13), and the Maggid Mishneh (commenting on Hilchot Shvitat Assor 2:8 s.v. V’im) apply the Gemara’s ruling to all illnesses. In their view, any dangerously ill individual should try to limit his eating on Yom Kippur to less than a shiur, as we would prefer that he avoid violating a transgression that is punishable by kareit. Obviously, though, as the Rosh explains, we will require a patient to eat less than a shiur only if the doctor states that eating this amount will suffice; if the doctor believes that more is required, the individual should eat more than a shiur. The Shulchan Aruch (618:7) rules in accordance with this view of the Ramban, Rosh, and Maggid Mishneh. The Netziv (Ha’ameik She’eilah Parashat V’zot Habrachah167:17), however, demonstrates that the Rif and Rambam disagree with this view. These Rishonim, the Netziv argues, believe that a sick individual whose life is endangered and who must eat on Yom Kippur to preserve his life may do so without limitations.
In practice, Rav Mordechai Willig (Kol Zvi 9:31) believes that one fluid ounce is the shiur for both food and drink. Rav Dovid Heber,3Rav Heber’s essay on this topic is available at www.star-k.org. though, presents Rav Moshe Heinemann’s ruling that a kotevet hagasah is 1.5 fluid ounces. He recommends, in order to maximize the amount of food consumed (if necessary), to compact bread, crackers, or cereal into one-and-a-half “schnapps glasses” that are marked as 1oz.-29 ml.
Rav Heber also explains how to calculate one’s personal melo lugmav, as this shiur is determined by each individual’s own cheek size (Keilim 17:11). He writes that one should fill his mouth completely with water, expel the water into a measuring cup, and divide the resulting measurement in half.4This differs from the Shemirat Shabbat K’hilchatah’s (39:18 and 20) method for measuring melo lugmav. He states that melo lugmav of an average adult is 1.5 fluid ounces and that a teenager may have a smaller shiur. 5Rav J. David Bleich (personal communication) and Rav Hershel Schachter (personal communication) do not restrict drinking (for those permitted to drink) to water; juice may also be consumed. Rav Dr. Zalman Levine recommends drinking isotonic fluids such as sports drinks or Pedialyte. He explains that neither water nor juice will hydrate a person anywhere near as effectively as an equivalent volume of an isotonic fluid, which stays in the bloodstream better than any other drink because it contains the requisite electrolytes.
Rav Chaim’s Understanding of this Rule
Rav Chaim Soloveitchik6Rav Chaim’s view is cited by his son, Rav Yitzchak Zev Soloveitchik (commenting on the Rambam Hilchot Shevitat Assor 2:8), and by his grandson, Rav Yosef Dov Soloveitchik (Halachic Man p. 39). Rav Yosef Adler reports that Rav Yosef Dov Soloveitchik fully concurred and ruled in accordance with Rav Chaim’s approach. See Halachic Man (ibid.) for a philosophical perspective on Rav Chaim’s ruling. greatly limits the applicability of this restriction on eating even according to the Shulchan Aruch. He feels that the Shulchan Aruch’s ruling applies only to someone who is not dangerously ill, but who must eat on Yom Kippur to avoid becoming dangerously ill. However, a choleh sheyeish bo sakanah (dangerously ill person) may eat on Yom Kippur without limiting himself to less than a shiur.
This approach is based on the ruling of the Maggid Mishneh (commenting on Hilchot Shabbat 2:14) and Shulchan Aruch (O.C. 328:4) that one may violate Shabbat in order to take care of even the non-critical needs of a choleh sheyeish bo sakanah.7See Gray Matter 2 pp. 17-18. Similarly, explains Rav Yitzchak Zev Soloveitchik, once someone is considered dangerously ill to the extent that he must eat on Yom Kippur, all of his needs must be met in an unlimited manner. Thus, he need not limit his eating to less than a shiur even according to the Shulchan Aruch.
Criticism of Rav Chaim’s Approach
Although Dr. Abraham S. Abraham (Nishmat Avraham 1:310) records that Rav Yechezkel Abramsky ruled in accordance with Rav Chaim’s view,8Although Rav Abramsky was a student of Rav Chaim, his opinion counts as a separate and supporting one (see Aruch Hashulchan C.M. 18:5). the general practice among rabbis, as Rav Shlomo Yosef Zevin (Moadim Bahalachah p. 28) notes, is not to rely on this leniency. The Aruch Hashulchan (O.C. 618:15) does not seem to subscribe to Rav Chaim’s leniency. Similarly, Rav Yehoshua Neuwirth (Shemirat Shabbat K’hilchatah 39:6) and Rav Ovadia Yosef (Teshuvot Yechaveh Da’at 6:39) rule against Rav Chaim. Rav Moshe Snow informed me that Rav Moshe Feinstein, as well, did not adopt Rav Chaim’s approach. Those who disagree with Rav Chaim point to the Shulchan Aruch (O.C. 618:7), who simply states that a sick person should try to eat less than a shiur. By not specifying that this rule applies only to one who is not dangerously ill, the Shulchan Aruch apparently extends it even to a choleh sheyeish bo sakanah.
Furthermore, the Mishnah Berurah (328:14 and Bei’ur Halachah ad. loc. s.v. Kol) demonstrates that many Rishonim disagree with the aforementioned Maggid Mishneh (which serves as the basis for the opinion of Rav Chaim). The Mishnah Berurah concludes that when Torah prohibitions are involved, the Maggid Mishneh’s ruling should not be followed. Hence, since eating even less than a shiur on Yom Kippur constitutes a Torah prohibition, it seems that the Mishnah Berurah should be added to the list of those who dispute the ruling of Rav Chaim. One should ask his Rav for guidance when this issue arises in practice.
Application to Tish’ah B’av
Acharonim debate whether the rule of eating less than a shiur applies to Tish’ah B’av. While the Mishnah Berurah (Bei’ur Halachah 554:6 s.v. D’bemakom Choli) states that it does apply,9A careful reading of the Mishnah Berurah suggests that he speaks only of a situation where the individual is not dangerously ill but finds it necessary to eat in order to avoid becoming dangerously ill. the Aruch Hashulchan (554:7) rules that it does not. The Aruch Hashulchan’s ruling seems, at a glance, to be more persuasive. He argues that only on Yom Kippur is there reason to distinguish between eating less than a shiur and a full shiur, as it is possible to violate a biblical prohibition without incurring the penalty. Therefore, it is halachically meaningful to eat less than a shiur. On Tish’ah B’av, on the other hand, it seems that one accomplishes nothing by eating less than a shiur. It is a rabbinic prohibition to eat on Tish’ah B’av, and the Rabbis made no distinction between eating more or less than a shiur. Nonetheless, the dispute is unresolved, so one should consult his Rav for a ruling regarding this matter.10For further analysis of this dispute, see Ohr Hamizrach (44:3-4:178). The Marcheshet (1:14), a proponent of the strict view, writes, “I recall when I was [once] sick on Tish’ah B’av and it was difficult for me to fast that I ate less than a shiur so as not to lose the fast whose source is in the Prophets and is as strict as Yom Kippur.” Rav Reuvein Feinstein told me that Rav Moshe Feinstein did not require a sick individual to eat less than a shiur on Tish’ah B’av.
Practical Suggestions for Pregnant Women
Very often, a Rav will rule that a pregnant woman may eat on Yom Kippur, but only less than the shiur. I have heard of problems resulting from such rulings, as it is claimed that fasting triggers the labor process, which can prove disastrous for many women. For example, I was informed of a case of a woman who was twenty-two weeks pregnant and was ordered by her doctor to eat and drink on Yom Kippur. An eminent Rav told her to eat and drink less than the shiur, which proved to be insufficient for this woman. She went into labor and was rushed to the hospital, where she narrowly missed losing the baby.11Rav Dovid Heber commented to me that he would find it very surprising for this to happen to a woman who drank the appropriate amount of liquid at the appropriate time. As noted, Rav Heber has found that 1.5 fluid ounces is the average melo lugmav, and he follows Rav Moshe Heinemann’s ruling that a person need wait only seven minutes between each drink. If a woman follows this protocol, she will drink around twelve fluid ounces per hour. Rav Heber reports that physicians have told him that this is more than sufficient for a pregnant woman.
Accordingly, a woman who needs to eat should ask her Rav and physician if she may follow the ruling of Rav Ovadia Yosef (Yalkut Yosef, Kitzur Shulchan Aruch 618:5-6) that although one should wait nine minutes between the small portions when eating (in accordance with the aforementioned view of the Chatam Sofer), one need wait only five minutes between portions when drinking. There is more room to be lenient in regard to drinking because some Rishonim and Acharonim do not require waiting kedei achillat pras for it at all (see Shulchan Aruch O.C. 612:10 and Mishnah Berurah 612:31). Thus, in the context of drinking amounts less than a shiur, one may perhaps follow the opinions that endorse a shorter span for kedei achillat pras.12We should clarify that although one must wait between each drink, there is no need to wait between eating and drinking, because eating and drinking do not combine toward a shiur (Yoma 73b). Rav Hershel Schachter told me that one may follow this ruling of Rav Ovadia Yosef, especially in light of the opinion of the Minchat Chinuch (313:2) that kedei achilat pras varies from food to food. A melo lugmav of room temperature liquid certainly can be consumed within five minutes, so the amount of waiting need not be greater than that. Rav Mordechai Willig told me that a woman who feels that she must drink more often may rely on Rav Ovadia’s opinion; otherwise, she should wait nine minutes between drinking less than a shiur.
Following Rav Ovadia Yosef’s ruling might help pregnant women receive the hydration they need to avoid triggering premature labor. In addition, it would seem prudent for pregnant women to remain at home on Yom Kippur13Fasting on Yom Kippur, a biblical obligation that carries the punishment of kareit for its violators, is much more strict than and enjoys priority over the rabbinic obligation (from which women are exempt) to attend services on Yom Kippur. in an air-conditioned environment and to minimize their activity in order to help reduce the risk of dehydration (see Shemirat Shabbat K’hilchatah 39:28 and footnote 94). A woman might also consider drinking large volumes of water14Rav Dr. Zalman Levine recommends that the liquid consumed for this purpose also should be isotonic fluids. throughout the two days prior to Yom Kippur in order to help prevent dehydration. Furthermore, if on Yom Kippur itself a woman intuits that the minimal amounts of water are insufficient, she should be sure to satisfy her body’s need15Dr. Jacob Markovitz informs me that if one already has become dehydrated to the extent that he expresses symptoms of dehydration, drinking less than a shiur is insufficient for rehydration. He advises that one who has experienced such symptoms (which include lightheadedness, lethargy, dizziness, dry mouth, or decreased urine) should drink beyond the shiurim so as to satisfy the body’s need for water. if she feels that she would otherwise be endangering herself or her fetus (see Shulchan Aruch O.C. 618:1). Finally, if any woman on Yom Kippur who is fasting, or eating and drinking limited amounts goes into labor, she should inform her doctors of the restrictions she has been following, as this information might be vitally important for medical personnel, especially for the anesthesiologist.
Conclusion
We have highlighted only a few of the many issues involved in eating less than the shiur on Yom Kippur. Thus, it is imperative for one who finds himself or herself in such a situation to consult his or her Rav and doctor, who can offer competent guidance on how to observe safely the holy day of Yom Kippur.16It is vital to note that if one’s Rav and doctor require eating, it is forbidden for the patient to ignore their ruling and fast. Indeed, Rav Ovadia Yosef writes (Teshuvot Yechaveh Da’at 1:61), “If the sick individual adopts a strict approach and fasts [when ordered to eat], not only is he not acting piously, but, just the opposite, he will surely be punished by Heaven for having done so.” On the other hand, we should note that although Rav Nachum Rabinovitch (Techumin 17:343-346) rules that every woman more than five months pregnant should drink less than a shiur at a time, almost all poskim reject his view. Thus, each pregnant woman must consult her Rav for a ruling specific to her situation.
We should note that if a Rav has permitted someone to eat and/or drink on Yom Kippur, it is not preferable (and might be forbidden) to be fed intravenously in order to avoid the necessity of eating on Yom Kippur (see Teshuvot Igrot Moshe O.C. 3:90, Moadim Uzmanim 1:60, Shemirat Shabbat Kehilchata (39:30), and my essay on this topic available at www.koltorah.org).