Thanksgiving: Harmless Holiday or חוקת הגויים

By Rabbi Yehuda Spitz Ohr Somayach

 One of the interesting aspects of being American and living in the ‘Medina shel Chessed’ is dealing with secular holidays. A day off from work, more time to learn, and suspended Alternate Side parking rules are always appreciated. Of these holidays, Thanksgiving is by far the most popular among Yidden, with many keeping some semblance of observance, generally as a way of saying ‘Thank You’ and showing a form of Hakaras HaTov to our host country. Although all agree that showing Hakaras HaTov is prudent, on the other hand, it is well known that many contemporary poskim were very wary of any form of actual Thanksgiving observance. This article sets out to explore the history and halachic issues of this very American holiday.

Why Thanksgiving?

Americans commonly trace the holiday of Thanksgiving to the 1621 Pilgrim celebration at Plymouth Plantation, Massachusetts. The Pilgrims were expressing gratitude to G-d for a successful harvest after surviving a particularly harsh winter, mainly thanks to the aid of Squanto, the English speaking Native American, and the Wampanoag tribe, who taught them how to hunt (turkey) and plant (maize) in the New World, and shared food supplies with them. A second Thanksgiving was observed on July 30th, 1623 in appreciation of an abundant harvest after a refreshing 14-day rain following a nearly catastrophic drought. Similar sporadic celebrations occurred locally throughout the New England area for the next century or so, but never on a national level until 1777, during the Revolutionary War, when ‘The First National Proclamation of Thanksgiving’ was given by the Continental Congress.

In 1782, John Hanson, the first United States president under the Articles of Confederation (and mysteriously somehow forgotten from the history books), declared that the fourth Thursday of every November was to be observed as Thanksgiving. Several years later, President George Washington issued ‘The First National Thanksgiving Proclamation’ (under the Constitution), designating November 26th 1789, as a day of Thanksgiving. He did so again in 1795. Yet, it was not until 1863, in the midst of the Civil War [a.k.a. The War Between the States or The War of Northern Aggression (for the Southerners out there)], that the holiday as we know it was formally established by President Abraham Lincoln, at the urging and behest of Sarah Josepha Hale, editor of Godey’s Lady Book, who was lobbying for a national day off from work. Thanksgiving has since been observed annually as a national holiday across the United States[1]. But our subject is defining how Thanksgiving observance is viewed by Halacha.

Chukos HaGoyim?

In Parshas Acharei Mos,[2] we are exhorted not to follow in the ways of the local non-Jewish populace, “U’Vichukoseihem Lo Seleichu”. According to the Rambam and later codified by the Tur and Shulchan Aruch, this prohibition includes manners of dress, haircuts, and even building styles.[3] Tosafos[4] mentions that this prohibition includes two distinct types of customs: idolatrous ones, and those that are nonsensical; implying even if they are not done l’sheim Avodah Zarah, with specific idolatrous intent, they would still be prohibited to practice.

However, other Rishonim, primarily the Ran, Mahar”i Kolon / Cologne (known as the Maharik), and Rivash,[5] define the prohibition differently. They maintain that a nonsensical custom of the Goyim is only prohibited when it is entirely irrational, with no comprehensible reason for it, or when it has connotations of idolatrous intent. Likewise, following a custom that would lead to a gross breach of modesty (pritzus) would fit the category. On the other hand, they maintain, observing a simple custom of the Goyim that has no reference to Avodah Zarah, especially if there is a valid reason for its performance, such as kavod, giving proper honor or respect, would indeed be permitted.

Although the Vilna Gaon rejects their understanding of the prohibition, and the Gilyon Maharsha seems to follow Tosafos,[6] nevertheless, the Rema explicitly rules like the Maharik and Ran, as does the Beis Yosef.[7] Accordingly, they hold that as long as a custom is secular, with no connection to Avodah Zarah, such a custom may still be observed.[8]

Most later authorities, including the Mahari Kastro, the Imrei Aish, the Shoel U’Meishiv (Rav Yosef Shaul Nathanson), the Ksav Sofer, the Maharam Schick, the Maharsham (Rav Shalom Mordechai Schwadron), the Mahara”tz Chiyus, and more contemporarily, the Seridei Aish (Rav Yechiel Yaakov Weinberg), and Rav Ovadiah Yosef,zichronam levrachah,[9]allrule in accordance with the Rema’s ruling that as long as one has valid reasons for performing a specific custom, it does not necessarily get classified as the problematic Chukos HaGoyim, unless its origins are rooted in idolatrous practice.[10]

Thanksgiving: Religious or Secular?

But to understand how this affects us and possible Thanksgiving observance, we must first ascertain whether Thanksgiving is truly a religious holiday or a secular one. Of the aforementioned Thanksgiving observances, all were declared as a unique day expressly designated to thank G-d for all of his ‘gracious gifts’. This implies that it is meant to be a religious holiday. Yet, only the Continental Congress’s proclamation made reference to the Christian deity. Additionally, there is no actual religious service connected with the day at all. Furthermore, nowadays, the vast majority of Americans simply associate Thanksgiving with food (mainly turkey), football, and family, and take the day off. This implies that its observance is strictly secular. Which is the real Thanksgiving?

Contemporary Rulings

As with many issues in halacha, there are different approaches to Thanksgiving observance. In fact, Rav Moshe Feinstein zt”l alone has written four different responsa on topic[11]. Although in the earlier teshuvos he seems to be against the idea of a Thanksgiving celebration, (possibly there were more religious connotations involved in the early 1960s celebrations than in the 1980s), nevertheless, in his later teshuvos he does allow a Thanksgiving observance (he notes that it is not a religious celebration) with turkey being served, as long as it is not seen as an obligatory annual celebration[12], but rather as a periodical ‘simchas reshus’. All the same, Rav Moshe concludes that it is still preferable not to have a celebration b’davka for Thanksgiving.

Other contemporary poskim who allowed eating turkey on Thanksgiving include Rav Eliezer Silver, Rav Yosef Dov (J.B.) Soloveitchik (the Boston Gaon)[13], the Rivevos Efraim,[14] and Rabbi Yehuda Hertzl Henkin.[15] They explain that Thanksgiving is “only a day of thanks and not, Heaven forbid, for idol celebration”. Therefore, they maintain that merely eating turkey on Thanksgiving cannot be considered Chukos HaGoyim.

On the other hand, other contemporary authorities disagree. Rav Yitzchok Hutner[16] is quoted as maintaining that the establishment of Thanksgiving as an annual holiday that is based on the Christian calendar is, at the very least, closely associated with Avodah Zarah and therefore prohibited. He explains that its annual observance classifies it as a ‘holiday’ and celebrating Gentile holidays is obviously not permitted. It is well known that Rav Avigdor Miller was a strong proponent of this view as well, as Thanksgiving’s origins belay that it was actually established as a religious holiday[17].

Similarly, Rav Menashe Klein[18] ruled that it is a prohibited to celebrate Thanksgiving. Aside for citing the Gr”a’s opinion, which would prohibit any such celebration, he mentions that although the Thanksgiving holiday was originally established by (Pilgrims) rejoicing over their own survival, that they didn’t starve due to their finding the turkey, and might not be considered Chukos HaGoyim, nevertheless there is another prohibition involved. In Yoreh De’ah (148, 7), the Shulchan Aruch, based on a Mishna in Maseches Avodah Zara (8a), rules that if an idolater makes a personal holiday for various reasons (birthday, was let out of jail, etc.) and at that party he thanks his gods, it is prohibited to join in that celebration. Rav Klein posits that the same would apply to Thanksgiving, as it commemorates the original Pilgrim Thanksgiving, thanking G-d for the turkey and their survival, and would be certainly prohibited, and possibly even biblically.

An analogous ruling was given by Rav Dovid Cohen (of Gevul Ya’avetz), and Rav Feivel Cohen (author of the Badei HaShulchan)[19], albeit for different reasons. Rav Feivel Cohen takes a seemingly extreme position, maintaining that not only is it forbidden for a Jew to celebrate Thanksgiving, it is even prohibited for a Gentile to do so as well[20]! Rav Dovid Cohen, on the other hand, writes that for a Jew to eat turkey on Thanksgiving expressly for the sake of the holiday should be prohibited by the rule of Tosafos, as it would be deemed following an irrational rule of theirs that is improper to follow. Yet, he concedes that it is not prohibited for a family to get together on a day off from work and eat turkey together, as long as they do so not to celebrate Thanksgiving, but rather because they like turkey. Even so, he concludes that it is still preferable not to do so.

Trotting Out the Turkey?

With several differing major approaches to Thanksgiving advanced by contemporary authorities, which is the prevailing custom? Should turkey be on our plates this Thursday? The answer is that it depends. As shown, there are many authorities who maintain that Thanksgiving dinner should be avoided at all costs. However, many people do eat turkey on Thanksgiving, albeit many with non-Thankgiving related intent. (Remember, even kosher turkey prices drop for the holiday!) Yet, it certainly seems preferable not make an ‘exclusively for Thanksgiving’ party. Everyone should follow his community practice and the lead of their knowledgeable halachic authority.

Anecdotally, my own grandmother, Mrs. Ruth Spitz (May she have a Refuah Sheleimah), would buy a turkey, but instead of serving it for Thanksgiving dinner, would rather save it and serve it l’kavod Shabbos on the Shabbos immediately following Thanksgiving. This way one is not compromising on tradition nor halacha, and additionally receives the benefits of kavod and oneg Shabbos.

Although nowadays for many in Yeshivish and Chassidic circles the idea of observing even some semblance of Thanksgiving may seem an anathema, it is interesting to note that many authorities of the previous generation did not seem overly concerned. In fact, as is widely known, the annual Agudas Yisrael Convention, attended by many Gedolim, was traditionally held over Thanksgiving weekend for many decades, with turkey on the menu[21]! Additionally, Rav Yosef Eliyahu Henkin’s authoritative Ezras Torah calendar (with halachos for the whole year) noted Thanksgiving along with other secular holidays.

Come what may, with Chanuka on the way, we can concentrate on the upcoming eight days of true thanks-giving, lehodos u’lehallel. In fact, although there will be no need to be talking turkey while giving thanks, on Chanuka we still all proclaim “Hodu Lashem Ki Tov!”

Postscript: Turkey - Fowl Territory?

As an aside, and although widely eaten among Klal Yisrael, the turkey’s acceptance as kosher fowl is an interesting inyan unto itself, as well as a halachic and historic seeming anomaly.

The Torah enumerates 24 various non-kosher “birds”[22]. Since so many thousands of bird species exist, the Gemara Chullin (61b) specifies four necessary indicative features (simanim) that identify a specific type as kosher. However, many early authorities contend that we do not rely on our understanding of these simanim, but rather only eat fowl that we have an oral tradition (mesorah) that this specific species is indeed kosher. Indeed, Rashi cites precedent from the case of the ‘Swamp Chicken’ (Tarnegolta D’Agma), with which even Chazal made a mistake (ad loc. 62b), not realizing at first that it is truly predatory in nature (doreis) and therefore non-kosher[23]. He therefore maintains that since we are not experts, we additionally need a mesorah to allow fowl to be eaten. The Rema[24] in fact definitively rules this way, that one may not eat any species of bird without a mesorah.

The issue is that our ubiquitous turkey is the quintessential as well as symbolic New World fowl[25], and yet, is eaten by the vast majority of world Jewry, even though a mesorah pre-Columbus would be a seeming impossibility. One solution, given by the famed Netziv (Shu”t Meishiv Davar Y”D 22), and thus permitting it to be eaten, is on the basis that it has been eaten by Frum Yidden for several centuries and is now considered having a mesorah. More at Ohr.edu