Thanksgiving was first celebrated in 1621 with a lavish feast, which was not the typical manner of Puritan religious observance. Fasts and prayer were more the order of the day for them. Yet that feast ultimately became the model for modern Thanksgiving. General George Washington, en route to Valley Forge in 1777, ordered the first formal Thanksgiving celebration. His first presidential proclamation, on November 26, 1789, established the day of Thanksgiving. But the holiday did not take hold until Abraham Lincoln declared it in 1863.

Rabbi Kermaier noted that he observes Thanksgiving and he imagines just about everyone in the room does, so intuitively we feel that it is appropriate, but the question remains what halacha thinks. He discussed the halachic issues from the standpoints of three principles: (i) avoda zara; (ii) chukot hagoyim; and (iii) adding mitzvot.

A. Avoda Zara

Avoda zara is the issue of issues with which we must contend on this question, because of the extreme severity of violation. While we are not sensitized to that severity, because idolatry is not prevalent in our society, it is one of the three cardinal violations for which one is expected to sacrifice his life rather than transgress, the others being murder and adultery/incest. Rabbi Kermaier asked us to imagine that Thanksgiving were celebrated by eating ham rather than turkey. No observant Jew would say we should then eat ham. If Thanksgiving presents a problem as a form of idolatry, that would be far more severe than eating ham.

To this writer, Rabbi Hutner’s proof could be disputed, as it proves too much: it would also "prove" that Independence Day, Labor Day, V-E day, Washington’s Birthday, and the many other clearly secular holidays observed by Americans throughout the year -- based on the Christian/secular calendar -- are really "Gentile" holidays. Such seems counter-intuitive. In addition, it would seem that Thanksgiving is an extremely poor example of the phenomena that Rabbi Hutner is criticizing, as Thanksgiving does not have a fixed date on the secular calendar -- rather it is the fourth Thursday of the month of November, whatever date that happens to be. Indeed, Congress could move the date to July if it so voted.

If the case against Thanksgiving on avoda zara grounds is not terribly strong, the situation differs for Halloween, which has pagan origins going back to the Celtic regions of England and Ireland over two thousand years ago. November 1 was their New Year’s Day, and October 31 took on significance as a day on which ghosts and spirits descended, the line between life and death was blurred, and people wore costumes with animal skulls and the like. Even the custom of bobbing for apples is connected to a Roman festival. In the Seventh Century, the Catholic Church tried to strip the pagan elements from Halloween, but the avoda zara issues remain far more serious than with respect to Thanksgiving. Rabbi Kermaier cited Rabbi Broyde’s conclusion that one should not celebrate Halloween but may give out candy. Rabbi Broyde’s explanation, as seen in the article cited above, is:

Applying these halachic rules to Halloween leads to the conclusion that participation in Halloween celebrations -- which is what collecting candy is when one is wearing a costume -- is prohibited. Halloween, since it has its origins in a pagan practice, and lacks any overt rationale reason for its celebration other than its pagan origins or the Catholic response to it, is governed by the statement of Rabbi Isserless that such conduct is prohibited as its origins taint it. One should not send one’s children out to trick or treat on Halloween, or otherwise celebrate the holiday.

The question of whether one can give out candy to people who come to the door is a different one, as there are significant reasons based on darchai shalom (the ways of peace), eva (the creation of unneeded hatred towards the Jewish people) and other secondary rationales that allow one to distribute candy to people who will be insulted or angry if no candy is given. This is even more so true when the community -- Jewish and Gentile -- are unaware of the halachic problems associated with the conduct, and the common practice even within many Jewish communities is to "celebrate" the holiday. Thus, one may give candy to children who come to one’s house to "trick or treat" if one feels that this is necessary. [Footnote omitted.]

B. Chukot Hagoyim

In addition to idolatry, Jews are barred from emulating the customs of gentiles (Vayikra 18:3). The Vilna Gaon held that all customs were suspect unless we know they have a valid Jewish basis, and this is the reason, for instance, that many Hasidim eschew neckties. The Shulchan Aruch was more lenient, with the Rema adding that the prohibition against emulating gentile customs applies to activities that promote licentious behavior or that is tied to avoda zara. With respect to clothing, there is no problem if it is beneficial (e.g., a distinctive uniform to identify a doctor) or displays honor or is otherwise reasonable.

Applying these principles to various holidays, Rabbi Kermaier concluded:

Thanksgiving is clearly permissible.

Halloween is very difficult to justify.

New Year’s Day, according to Rav Moshe Feinstein, is sufficiently divorced from its religious origins (commemorating the brit milah of Jesus), to be permissible, but a "ba’al nefesh" will refrain from observance.

My inclination is only to note (as Rabbi Feinstein does for New Year’s Day) that the pious should be strict on the matter of celebrating Valentine’s Day, even though the technical halacha permits Valentine’s Day observances, as the day has completely lost its religious overtones and can be rationally explained. The reason that this is so is that Valentine’s Day is no longer celebrated even by Christians as a Christian holiday. It is a day of love, friendship and candy, each of which is independently explainable.

C. Adding Mitzvot

In addition to the two considerations discussed above, the Torah prohibits adding mitzvot (Devarim 4:2). Rav Moshe Feinstein was not concerned that Thanksgiving violated the prohibition against adopting gentile customs, because the concept of giving thanks has intuitive appeal for everyone. But he objected to one fixed date for the observance, because it smacks of adding a holiday (and thus a mitzvah) to the calendar. (Igrot Moshe, Yoreh Deah 4:11.) He cited the example of King Yannai, who celebrated a military victory but did not make the observance into an annual festival. Indeed, the Ramban on Devarim 4:2 cites adding holidays as an example of the violation. Rabbi Kermaier noted that the same issue arises with respect to the holidays added by Religious Zionists in recent decades: Yom Ha’atzmaut, Yom Yerushalayim, Yom Hashoah, and Yom Hazikaron.

Rav Yosef Dov Soloveitchik and Rav Yehudah Herzl Henkin did not oppose celebration of Thanksgiving, because they read the Ramban as prohibiting the addition only of religious holidays. Various students of Rav Soloveitchik reported his having celebrated Thanksgiving by returning to Boston after giving shiur that day, and the sefer Nefesh Harav concurs with this recollection.

Rav Henkin wrestled with four teshuvot of Rav Moshe’s, which seem to take differing positions on Thanksgiving. Rav Henkin seeks to reconcile Rav Moshe’s approach by saying that he did not want Jews to view Thanksgiving as obligatory in the same way as they treat the Torah’s religious holidays. Rav Henkin suggested skipping the observance of Thanksgiving every few years as a means of drawing a distinction between this secular holiday and the holidays commanded by the Torah.

Rabbi Kermaier concluded by underscoring the importance of halachic integrity. We should not work backwards from the result we deem intuitive to the reasoning that will get us there, or else the halachic process is ultimately meaningless. Thus, while we typically celebrate Thanksgiving, we should understand and respect the perspective that the holiday should not be celebrated.

Finally, we should not conclude that those who omit the celebration of Thanksgiving are unpatriotic. Toward this end, Rabbi Kermaier cited Rav Moshe (Igrot Moshe, Choshen Mishpat 2:29), who expressed in no uncertain terms the elevated status of the United States, a refuge and kingdom of kindness (malchut shel chessed) for the Jewish people that should be blessed and appreciated by all Jews.