Leibel met his long-time friend Chaim three days before Yom Kippur. After wishing each other a G’mar chasimah tovah, Leibel asked Chaim, “How do you do kapparos?”
“What do you mean?” replied Chaim. “I follow the machzor.”
“That’s not what I meant,” laughed Leibel. “Do you use money or a chicken?”
“I use money,” replied Chaim.
“I know that many people nowadays use money, but the widespread custom for many centuries was to use a live chicken,” said Leibel. “You might want to try it; it’s quite a spiritual experience!”
“I understand that this is an ancient minhag,” said Chaim, “but heard there was some controversy around the practice.
“There were some authorities, including the Shulchan Aruch, who discouraged the practice of kapparos,” acknowledged Leibel. “However, the practice was widespread in the Ashkenazic community and endorsed by the Rama. It was further strengthened by the Ariza“l and is practiced nowadays also by many Sephardim.” (O.C. 605:1)
“I’m happy to give it a try,” said Chaim, “if you’ll take me.”
“There’s a kapparos center nearby,” said Leibel with a grin. “I’ll pick you up Erev Yom Kippur right after davening.”
On the way to the kapparos center, Chaim asked Leibel, “How much does it cost?”
“The kapparos cost seven dollars if you leave the chicken for the seller,” said Leibel. “If you want to donate it to a charity organization, it costs an extra three dollars. I prefer to donate the chicken to tzedakah.”
When they arrived, Chaim paid ten dollars and asked that the chicken be given as tzedakah. He grasped it firmly by the legs swung it around his head, saying three times, “Zeh chalifasi, zeh temurasi, zeh kapparasi…”
When Chaim finished, he gave the chicken to the shochet to slaughter it. After slaughtering the chicken, the shochet said, “This bird feels strange.” He opened the chicken to examine it and a look of consternation came over his face. “This bird has a fatal internal injury,” he declared. “It is a treifah and the shechitah does not permit it to be eaten as kosher!”
Chaim was disappointed. “My rotten luck,” he exclaimed. “I finally do ‘traditional’ kapparos and end up with a defective bird.”
“Cheer up,” said Leibel. “You said the kapparos the way you were supposed to. Anyway, you weren’t going to eat it!”
“I know,” said Chaim. “But perhaps the kapparos are not valid with such a chicken! Besides, if the bird was defective, I should get a refund.”
“Speak with Rabbi Dayan,” Leibel suggested. Chaim called him and asked about the kapparos.
Rabbi Dayan answered: “According to many authorities, the kapparos are valid even if the chicken was a treifah. Therefore, if the chicken was returned afterward to the seller, there may not be need for a refund. However, if extra money was paid to give the chicken to a charity organization, the entire amount must be refunded, since the chicken cannot be given to feed the poor.”
Rabbi Dayan then explained: “The practice of kapparos dates back to the times of the Geonim, over 1,300 years ago. It was originally intended as a positive symbolic action for the new year, as other simanim on Rosh Hashanah. A number of authorities, however, objected to the practice, as it appears a form of nichush (superstitious behavior).
“In the times of the Rishonim, the custom developed to give the chicken or its value to charity, which has the power to atone and spare from death, as it says in Mishlei, ‘Charity will spare from death.’ This became an important theme of kapparos, so that many people now perform kapparos with money alone, not with a chicken. However, there remains much significance to the original practice.
“The question of a kapparos chicken that is a treifah was addressed over a hundred years ago. In principle, an animal that was clearly a treifah at the time of the sale invalidates that sale. [C.M. 232:11] Some authorities also disqualified kapparos done with a treifah, but Sedei Chemed [Ma’areches Yom Hakippurim 1:13] rules that the kapparos are valid, since the symbolic action was properly completed with the ritual slaughter, and the chicken’s value was given to charity.” (See, however, Moadim U’zmanim 1:52.)
“Therefore,” concluded Rabbi Dayan, “if the person paid extra money so that the chicken itself would go to charity, the sale is invalidated and the full sum of ten dollars needs to be refunded, since the person did not fulfill this important aspect of kapparos. Similarly, if the chicken was bought with the intention of returning it to the seller, but the person doing the kapparos is known to be particular about using a kosher chicken, the seller has to refund the cost of the chicken. However, if he is not known to be particular, a rav should be consulted.”