2022/5782
If you were asked, “What’s that thing on your head? Why do you wear it?,” how would you respond?
What is the fundamental reason for wearing a Kippah?
The Gemara in a few places discusses wearing a Kippah. They all seem to imply that covering one’s head is not an obligation, but rather a Middat Chassidut – a good custom.
Gemara Kiddushin
The Gemara (Kiddushin 31a) states, “Rav Huna the son of Yehoshua did not walk four Amot with his head uncovered. He said: ‘The Shechinah is above my head.’” It can be inferred that covering our head is not an obligation because, right before, the Gemara says, “Rabbi Yehoshua ben Levi said: It's forbidden to walk four Amot in an upright position.” Because the Gemara uses the language of assur in the case of standing up straight, but not regarding covering one's head, it seems that a head covering is just a Middat Chassidut. [1]
Gemara Shabbat
In Masechet Shabbat [2] the Gemara says, “Rav Huna the son of Rabbi Yehoshua said: ‘May it be a merit for me that I never walked four Amot bareheaded.’” Many [3] believe that the words “תֵּיתִי לִי” – “May it be a merit for me” have the connotation of a Middat Chassidut, rather then an obligation, because it implies that one is going a step beyond what they need to do and, therefore, deserves a merit.
Elsewhere in Masechet Shabbat [4] discusses why Rav Nachman bar Yitzchak wore a head covering: “For Rav Nachman bar Yitzchak's mother was told by astrologers, ‘Your son will be a thief.’ She therefore did not let him be bareheaded. She said to him, ‘Cover your head so that the fear of heaven will be upon you, and ask for mercy.’ He did not know why she was saying that to him. One day, he was sitting and learning under a palm tree. The cloak fell off his head. He lifted his eyes and saw the palm tree. His desire overcame him, and he climbed up, and cut off a cluster of dates with his teeth (the tree did not belong to him).”
This story shows that the reason someone would cover their head is so “the fear of heaven will be upon [him].” It also implies that, if Rav Nachman bar Yitzchak was not destined to become a thief, his mother would never have asked him to cover his head. Therefore this is, potentially, a third source that a head covering is not a Chiyuv and only a Middat Chassidut.
So far, the reasons for this Middat Chassidut are because the “Shechina is above your head” and “so the fear of Heaven is upon you.” The Zohar to Parashat Balak also says a man should not have his head uncovered because “the light of the Shechina is above one’s head.” It seems that the fundamental reason for having our head covered is so we will be constantly conscious of Hashem’s Presence: “Shiviti Hashem LiNegdi Tamid. [5]”
Maharshal
The Maharshal [6] holds that wearing a Kippah is only a Middat Chassidut because of these Gemarot [7]. He quotes a source from a Midrash [8] as another proof: “R’ Yitzchak [9] said: This can be compared to a [human] king who sends a royal letter to the people of his country. What did the people of the country do? They stood up, uncovered their heads, and read [the letter] in fear and trepidation. [However,] this is what Hashem says to Bnei Yisrael: With this royal letter of Mine, [Keriyat Shema,] I didn’t burden you or say to you that you must stand up and uncover your heads. Rather, “Recite them when you stay at home and when you are away, when you lie down and when you get up.” [10]
The Maharshal proves from here, that when Hashem said “I did not burden you to uncover your heads,” it implies that while we are not obligated to uncover our heads, we could if we wanted to do so. Therefore, according to the Maharshal, there is no obligation to wear a Kippah. [11] [12] However, the Maharshal says that because it has already been accepted that it is Assur to go without a Kippah, and the earlier Rabbanim have Paskened that it is Assur, he can’t go against it.
What are the potential reasons it would be Assur to remove a Kippah nowadays?
Chukat Akum
The Taz [13], (16th and 17th century), introduces another reason for wearing a Kippah. There is an Issur in the Torah called Chukat Akum. The Pasuk says, “וּבְחֻקֹּתֵיהֶ֖ם לֹ֥א תֵלֵֽכוּ” - “you should not follow in their laws” [14]. This means, if the non-Jews have an accepted rule or custom in their society it is Assur for us as Jews to have the same practice.
Nowadays, non-Jews have an accepted custom that removing one’s hat is a sign of respect. They do this when in front of respected people and when going to pray. A clear contemporary example of this is when the American National Anthem is sung. The proper etiquette during the anthem is to stand up and take off one’s hat. If someone is not doing this, it is usually a sign of disrespect. Since taking off one’s hat is considered a sign of respect in the non-Jewish society, the Taz holds, if a Jew would take off his Kippah, it would fall under the Issur of Chukat Akum. He agrees that during the times of the Gemara it was just a Middat Chassidut, but nowadays it is Assur.
The question is, why doesn’t the Shulchan Aruch [15] mention anything about Chukat Akum in regards to a Kippah. Rav Moshe Feinstein [16] explains that the Issur of Chukat Akum applies only in the places where non-Jews maintain those customs. The Shulchan Aruch, Rav Yosef Caro, lived among Moslems who do not have the practice of removing their head coverings, rather they usually wear them. Therefore, the reason the Shulchan Aruch never mentions anything about Chukat Akum is because, in the places (Turkey and Eretz Yisrael) that he lived, there was never a problem with it. Rav Moshe says that nowadays, because we live in places where most non-Jews uncover their heads, it is Assur for us to do the same.
Marit Ayin
Rav Ovadia Yosef [17] says that, nowadays, there might be another reason taking off a Kippah would be Assur. Because the Kippah is accepted among all religious Jews, it distinguishes between the religious and non-religious Jew. If one would not wear a Kippah, people would think he is not religious. This issue potentially falls under the Issur of Marit Ayin. Rav Ovadia says, “הפכה הכפה” - “the Kippah has turned into'' a symbol that the the fear of heaven is on you. Even though you might fear Hashem whether you’re wearing your Kippah or not, it is important that others know that you fear Heaven as well. [18] Rav Ovadia says that even though we cannot create Issurim, it seems that a Kippah is more than just a Middat Chassidut and by wearing one you eliminate the concern for Marit Ayin.
[1] The Shulchan Aruch (Orach Chayim 2:6) rules accordingly. It uses the language of assur by standing up straight, but just that “one should not” regarding uncovering one's head. The Maharshal (Shabbat 118, Siman 75) rules similarly.
[2] 118b
[3] The Maharam Mirutinberg uses this as a proof that a Kippah is not an obligation and only a Middat Chassidut.
[4] 156b
[5] Tehillim 16:8. Rabbi Yehudah Balsam quotes this to make a similar point. https://www.yutorah.org/lectures /lecture.cfm/815307/rabbi-yehuda-balsam/yarmulka-mitzva-mihag-or-midas-chasidus-/
[6] Teshuvah Siman 72
[7] Shabbat 118b and Kiddushin 31a
[8] Vayikra Rabbah Parsha 27
[9] The Maharal has it as Rabbi Barchei, but in the Midrash Rabbah it is Rabbi Yitzchak
[10] Devarim 6:7
[11] The Beit Yosef quotes the Shuvut Yaakov and the Birchei Yosef who disagree with this proof of the Maharshal.
[12] The Maharshal doesn’t understand why it would be Assur to Daven without a Kippah either. The Midrash quoted above seems to imply that we are not obligated to wear a Kippah during Kriyat Shema.
[13] Taz: Shulchan Aruch 8:2 “ונכון שיכסה ראשו בטלית”
[14] VaYikra 18:3
[15] Orach Chayim 2:6
[16] Egrot Moshe: Orach Chaim: Siman 1
[17] Teshuvot Yechave Da’at 4:1.
[18] Rav Ovadia quotes Proverbs 3:4 to support this.