Is Halloween Halachic? ​​​​​​​

(1) The LORD spoke to Moses, saying: (2) Speak to the Israelite people and say to them: I the LORD am your God. (3) You shall not copy the practices of the land of Egypt where you dwelt, or of the land of Canaan to which I am taking you; nor shall you follow their laws. (4) My rules alone shall you observe, and faithfully follow My laws: I the LORD am your God. (5) You shall keep My laws and My rules, by the pursuit of which man shall live: I am the LORD. (6) None of you shall come near anyone of his own flesh to uncover nakedness: I am the LORD. (7) Your father’s nakedness, that is, the nakedness of your mother, you shall not uncover; she is your mother—you shall not uncover her nakedness.

If [I were only to read] "As the deed of the land of Egypt and as the deed of the land of Canaan, you shall not do," I might think they should not build or plant as they do; it is, therefore, written (Ibid.) "and in their statutes you shall not walk." I have prohibited for you only those statutes which were instituted for them and for their forefathers and for the fathers of their forefathers. What did they do? A man would wed a man, and a woman, a woman. A man would wed a woman and her daughter, and a woman would wed two — wherefore Scripture states "and in their statutes you shall not walk."

(3) The law [i.e. procedure] concerning those to be decapitated [is as follows]: they would cut off his head with a sword as the government does. Rabbi Yehudah says, this is disgraceful; rather [the procedure should be carried out as follows]: they rest his head on a block and cut it with a hatchet. The [Sages] said to him, there is no death more disgraceful than that. The law [i.e. procedure] concerning those to be strangled [is as follows]: They would set him into manure up to his knees, and put a stiff scarf inside a soft one, and wrap it around his neck. One would pull [one end] towards him and one would pull [the other end] towards him, until his soul departed.

Mishnah: The death penalty of beheading by sword was performed thus: the condemned man was decapitated by the sword, as is done by the civil authorities. Rabbi Yehuda said, "This is a hideous disfigurement; rather, his head was laid on a block and severed with an axe." They replied: "No death is more disfiguring than this." GEMARA: It is taught in a baraita (Tosefta 9:3): Rabbi Yehuda said to the Rabbis: I too, know that it is a degrading death, but what shall I do, as the Torah states: “And you shall not follow their statutes” (Leviticus 18:3), i.e., it is prohibited to adopt the practices of the gentiles.

To this the Chachomim responded: 'Since the Torah already decreed the method of the sword, we did not derive this practice from them, and if you will not agree to this, then how about that which was taught: "The burning of articles at a king's funeral is permitted, and there is nothing of the ways of the Amorite about it?" But since this burning is referred to in the Torah, as the prophet Yirmiyah said to King Zedkiah (Yirmiyah 34:5): "You shall die in peace, and as with the burnings of your fathers, the former kings that were before you, so shall they make a burning for you." It is not from them (i.e. the Gentiles) that we derive this practice, and hence, it becomes permissible'."

The Master stated above: ‘THAT WHICH IS SLAUGHTERED BY A GENTILE IS NEBELAH’. But perhaps he is a min? — R. Nahman in the name of Rabbah b. Abbuha answered: There are no minim among the gentiles. But we see that there are! Say: The majority of gentiles are not minim. For he accepts the opinion expressed by R. Hiyya b. Abba in the name of R. Johanan: The gentiles outside the land [of Israel] are not idolaters; they only continue the customs of their ancestors.

MISHNA: One may go out on Shabbat with a locust egg, and with a fox tooth, and with a nail from the crucified, for the purpose of healing; this is the statement of Rabbi Meir. The Rabbis prohibit using these remedies even during the week, due to the prohibition of following the ways of the Amorite. These are superstitious beliefs and the customs of gentiles from which one must distance oneself. With regard to the halakha in the mishna, the Gemara cites Abaye and Rava, who both said: Anything that contains an element of healing and seems to be effective does not contain an element of the prohibition against following the ways of the Amorite. There is no cause for suspicion of one who engages in their practice, gentile or Jew... The tanna recited the chapter of the Tosefta discussing the actions of the Amorites before Rabbi Ḥiyya bar Avin. Rabbi Ḥiyya bar Avin said to him: All those enumerated there contain an element of the prohibition against following the ways of the Amorite, except for these: One who has a bone in his throat brings a bone from the same species as the bone that is stuck in his throat, and places it on his skull, and says as follows: One by one descend and be swallowed, swallow and descend one by one. That does not contain an element of the prohibition against following the ways of the Amorite. For a fish bone stuck in the throat, let him say as follows: You are stuck like a needle, locked as a shutter, go down, go down.

(1) It is forbidden to follow the customs of the idolaters, or to imitate them neither in dress nor in hair-trimming and like customs, for it is said: "And ye shall not walk in the customs of the nation which I cast out before you" (Lev. 20.23), and it is also said: "And in their customs shall ye not walk" (Ibid. 18.3), and it is, moreover, said: Then take heed to thyself that thou be not snared by following them" (Deut. 12.30)—all of which pertain to one subject admonishing them not to be like unto them. Forsooth an Israelite shall be separated from them, and be recognized by his clothes and in his conduct as he is different than they are in education and tendencies. For even so it is said: "And have set you apart from the peoples, that ye should be Mine" (Lev. 20.26). An Israelite shall not wear a garment of a design particularly adopted by idolaters, nor raise hair-locks as their hair-locks; not shave the sides and leave the hair in the middle, such as is called a queue, nor shave the hair opposite his face, from ear to ear, and leave the locks at the back of his head as they do. He shall not build public places of the same design and architecture as are the palaces built for idolatry in order to attract a crowd as they do.²Sifra, Lev. 20; Abodah Zarah, 29a; Baba Kamma, 83a; Sotah, 49b; Tosefta, Shabbat Ch. 6. C. G.

MISHNA: On the three days before the festivals of gentiles the following actions are prohibited, as they would bring joy to the gentile, who would subsequently give thanks to his object of idol worship on his festival: It is prohibited to engage in business with them; to lend items to them or to borrow items from them; to lend money to them or to borrow money from them; and to repay debts owed to them or to collect repayment of debts from them.

(a) Opinion#1: Rashi explains that the reason for this prohibition is because it causes the idolater to thank his idol on the day of his holiday .

(b) Observation: Rashi implies that this is even the reason why one cannot do business with the idolater (for three days beforehand).

(c) Question: This is difficult. What do people rely upon today, as they even do business with idolaters on the day of their holiday?

1. Question(cont.): While it is true that most of their holidays celebrate saints (and they are not very involved in these holidays that they would go offer Korbanos or thank their idol, see Chazon Ish Yoreh Dei'ah 62:9), they still have one day a week (that they celebrate religiously). According to Rebbi Yishmael (on 6a who says that one cannot do business etc. with them for three days before and three days afterwards), it should always be forbidden to do business with idolaters!

2. Implied Question: One cannot say that the reason why everyone does business with the idolaters is because of the reason in Chulin (13b) that idolaters outside of Eretz Yisrael are not really idolaters, but rather continue the custom of their forefathers. (Why isn't this is a good reason?)

3. Answer: This is because Shmuel says in the Gemara (7b) that in the exile, it is only forbidden to do all of these things on the day of their holiday. This implies that even in the exile, all of these things are still forbidden on the holiday itself.

(d) Answer#1: It therefore appears that the reason is due to hatred (that they will hate us if we do not do business with them at this time). This is as the Gemara (6b) states regarding Rebbi Yehudah Nesi'ah. A heretic sent him a new type of Dinar on his (the heretic's) holiday. Rebbi Yehudah said, what should I do? If I do not accept this gift, this will cause hatred (between us).

(e) Implied Question#1: There is no clear proof that hatred gives room for leniency. It is possible that he would not have permitted this due to hatred, and was merely trying to get advice on a course of action that in order that the heretic should not hate him.

(f) Implied Question#2: Additionally, if the reason is due to hatred, it would be understandable why we should lend them money, lend them items, and pay them when an idolater demands payment. However, why is there going to be hatred if we do not do business with them? Can't the Jew merely say that I am not interested now in selling and buying? Similarly, why would it be permitted to borrow items or money from them, or to pay them back? How would the idolater know that we are refraining from doing so on this day because it is his holiday (in order that this should deemed causing hatred)?

(g) Answer#2: It therefore appears that the reason for this leniency is because we know that the idolaters among us do not bow down (i.e. serve) to idols.

1. Answer#2(cont.): For this reason, Rav Yehudah (65a) sent a present to Avidrana on his holiday, as he said that he knows that he does not bow down to idols. Similarly, Rava (ibid.) sent a present to Bar Sheishach on his holiday, as he said that he knows that he does not bow down to idols.

(h) Answer#3: Alternatively, we can rely on the Beraisa quoted in the Yerushalmi regarding our Mishnah. The Beraisa states that it is only forbidden to do business with them at this time if it is an idolater that he does not know. If he knows him it is permitted, as he is merely flattering him. The Beraisa says that if someone goes into a city and finds that the idolaters there are happy (due to a holiday) he can be happy with them, as he is merely flattering them.

(i) Opinion#2: Rabeinu Tam explained that it is forbidden to deal with them in things that they offer to their idols. The Mishnah is not discussing buying from idolaters which is certainly permitted, both according to the opinion that he may go and thank his idol and the opinion that this is a stumbling block.

1. Opinion#2(cont.): This is because they only forbade selling items offered to idols, and "to carry and give," meaning to carry the money from them and to give them something they can offer to their idols in exchange for the money.

(j) Proof: Rabeinu Tam proves this from the question in the Gemara later (6a) regarding the reason that it is forbidden to "carry and give with them." The Gemara asks whether this is because of profit, meaning that he profits and therefore goes and thanks his idols, or because of Lifnei Iver. The Gemara notes that the practical difference is if the idolater has another animal.

1. Proof(cont.): If selling something that is not used for sacrifices is also forbidden, why doesn't the Gemara say that the difference is regarding such an item? This should still be forbidden according to the reason that he will thank his idols (but not Lifnei Iver)! Rather, it must be (that the Gemara did not cite this example because) something that is not offered to an idol is permitted.

2. Proof(cont.): It is not possible to say that he will thank his idols regarding regular business deals, being that he is giving money in exchange for an object. If he is buying the object, he is not certain he will profit from this merchandise (that he is buying).

3. Proof(cont.): The question of the Gemara is as follows. Is the reason that it is forbidden to deal with them in items that can be offered to their idols because he will now have many animals to sacrifice? If so, it will even be forbidden if he has other animals. Being that he has many animals, he can sacrifice the best ones. Alternatively, the reason may be Lifnei Iver. This would mean that if he already has an animal it should be permitted (as the Jew is not enabling the idolater to serve his idol, as he already has that ability).

(k) Answer#4: According to Rabeinu Tam's explanation there is no question on the custom for everyone to deal with idolaters, even on their holiday. Even if we would assume that they are extremely into idolatry, they no longer sacrifice to their idol, but rather pledge money to the idol. In such a case it is not possible to say he has a lot of money now to choose from (as Rabeinu Tam explains the Gemara), as they already have a lot of money anyway for that purpose.

ומיהו נכון הוא להחמיר כשבא העובד כוכבים ואומר הלויני מעות לשקרי שקורין אופרי"ר

(l) Opinion#1: However, it is appropriate to be stringent if an idolater comes and asks to borrow money for his lie, which is called "Ofrir." (This opinion seems to understand that this money is donated towards the idol itself, see below.)

אבל ר' אלחנן אמר כי גם באותם אופרי"ר אין שום איסור כי מה שהם נותנים אותם לגלחים ולכומרים אינו ממש לשם עבודת כוכבים אלא לצורך הנאתם

(m) Opinion#2: However, Rabeinu Elchanan says that even the Ofrir money is not forbidden, as the fact that it is given to priests does not mean that it is for idolatry, but rather for their (the priests) pleasure.

§ The mishna teaches that according to Rabbi Meir the birthday of the king and the day of the death of the king are considered gentile festivals, whereas the Rabbis hold that only a death that includes public burning is considered a festival that includes idol worship. The Gemara comments: By inference, this means that Rabbi Meir holds that there is no difference whether it is a death that includes public burning, and there is no difference whether it is a death that does not include public burning; in either case, they engage in idol worship on that occasion. Evidently, Rabbi Meir holds that the burning performed at the death of the king is not an idolatrous custom, as it is not the cause of the prohibition.

The Gemara continues: From here, one can conclude by inference that the Rabbis hold that the burning upon the death of the king is an idolatrous custom. The Gemara raises a difficulty: But isn’t it taught in a baraita: We burn items upon the death of kings as an expression of grief, and this is not of the ways of the Amorites, but rather a Jewish custom? And if this is an idolatrous custom, how could we perform this public burning? But isn’t it written: “And you shall not walk in their statutes” (Leviticus 18:3)? Rather, everyone agrees that the public burning itself is not an idolatrous custom. Rather, it is performed due to the great importance of the king who passed away. And here, in the mishna, they disagree about this: Rabbi Meir holds that there is no difference whether it is a death that includes public burning and there is no difference whether it is a death that does not include public burning; in either case, in practice they engage in idol worship on that occasion. And the Rabbis hold that a death that includes public burning is important to the gentiles, and therefore they engage in idol worship on that occasion, but a death that does not include public burning is not important to them, and they do not engage in idol worship on that occasion. Having mentioned this baraita, the Gemara returns to discuss the matter itself. The baraita teaches: One burns items due to the death of kings as an expression of grief, and this is not subject to the prohibition of imitating the ways of the Amorites, since it is a Jewish custom. As it is stated that Jeremiah prophesied to Zedekiah king of Judah: “You shall die in peace; and with the burnings of your fathers, the former kings that were before you, so shall they make a burning for you” (Jeremiah 34:5). And just as one burns items upon the death of the kings, so too one burns items upon the death of the heads of the Sanhedrin. And what items do they burn upon the death of kings? They burn the kings’ beds and their utensils, so that no one else can make use of them.

RAMA: Rather, one [i.e., a Jew] should be distinct from them [i.e., non-Jews] in one’s manner of dress and in all of one’s actions. But all of this [i.e., these restrictions] apply only to things that non-Jews do for the sake of licentiousness. For example, they are accustomed to wearing red clothing, which is official/princely clothing, and other clothing that is similarly immodest. [These restrictions also apply] to things that they are accustomed to doing because of a custom or rule that does not have a[ny underlying] reason, out of concern that [a Jew who does such things will follow the] “ways of the Amorites,” and that it has the blemish of [i.e., is tainted by] idol worship inherited from their ancestors. But things that they are accustomed to doing for a useful purpose—such as their custom for expert doctors to wear particular clothing so that the doctors will be recognized as specialists—one is permitted to wear [such clothing].

Ramah: Similarly, things that are done out of respect or another reason, it is permitted [for one to do such things]. And therefore they said one may burn [the items of deceased] kings, and there is not in this “the ways of the Amorites.”

(7) Then said Saul unto his servants: ‘Seek me a woman that divineth by a ghost, that I may go to her, and inquire of her.’ And his servants said to him: ‘Behold, there is a woman that divineth by a ghost at En-dor.’

There is a teaching : Abba Benjamin said : Had the human eye been given the power of seeing them (demons), no person could endure because of the evil spirits. Abbai said : They outnumber us, and surround us like the ridge round a field. Rab Huna said : Every one of us has a thousand on his left hand and myriads on his right. Raba said : The crush at the public discourses is due to them ; the knees grow fatigued because of them ; the wearing out of the clothes of the Rabbis is the consequence of their rubbing against them ; the feet are bruised by them. Who wishes to perceive their footprints should take sifted ashes and sprinkle them around his bed. In the morning he will see something resembling the footprints of a rooster. Who wishes to see them should take the after-birth of a black she-cat, the offspring of a black she-cat, the first-born of a first-born, roast it in the fire, pulverize it, then fill his eyes with it, and he will see them. He must pour the powder into an iron tube and seal it with an iron signet, lest the evil spirits steal it. He must also seal its mouth, lest he come to harm. Rab Bebai b. Abbai did this ; he saw the evil spirits and was injured. The Rabbis prayed for him and he was cured.

In such places where evil spirits resort there is occasion for fear. Or if thou wilt, I can say that even in the case of a person alone and new ruins situated in a wild place there is no ground for suspicion, because a woman does not frequent such a spot ; but the fear of evil spirits remains.

5) It is forbidden to send gifts to non-jews during their holidays ... So to if a non-jew sends a gift to a Jew, do not accept it from him. And if it is possible that they may come to hate you because you do not accept it, you should take it and throw it away.

(1) And the LORD appeared unto him by the terebinths of Mamre, as he sat in the tent door in the heat of the day;