## Mishneh Torah, Fasts Chapter 3

###### Mishneh Torah, Fasts 3:1
[Mishneh Torah, Fasts 3:1](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Fasts/r/3:1)

הֲרֵי שֶׁלֹּא יָרְדוּ לָהֶם גְּשָׁמִים כָּל עִקָּר מִתְּחִלַּת יְמוֹת הַגְּשָׁמִים. אִם הִגִּיעַ שִׁבְעָה עָשָׂר בְּמַרְחֶשְׁוָן וְלֹא יָרְדוּ גְּשָׁמִים מַתְחִילִין תַּלְמִידֵי חֲכָמִים בִּלְבַד לְהִתְעַנּוֹת שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי. וְכָל הַתַּלְמִידִים רְאוּיִין לְכָךְ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[We should adhere to the following procedure when] no rain at all has descended from the beginning of the rainy season onward:¹ 6a relates that the rainy season in *Eretz Yisrael* begins in the month of Marcheshvan. The third of the month is considered to be the earliest time rain can be expected to descend.
In other lands, such fasts should be held when, ע"ל, they are necessary according to the local needs and climate (Halachah 10; *Shulchan Aruch, Orach Chayim* 575:9). If the seventeenth of Marcheshvan arrives and no rains have descended,² the Torah scholars should begin to fast,³ [starting on] a Monday⁴ [and continuing on] the [following] Thursday, and the [following] Monday.⁵ (*Orach Chayim* 575:1) emphasizes that these fasts are considered individual fasts and not communal fasts. All students [of the Torah] are fit to accept these [fasts] upon themselves.⁶ 10b suggests that all students of the Torah accept these fasts if possible.

footnotes:
¹ Ta'anit
² The rains have already been delayed. To hasten the manifestation of Divine blessing
³ and repent. Nevertheless, the situation is not serious enough to alarm the people at large.
⁴ i.e., the Monday closest to the seventeenth of Marcheshvan, for, as explained in Chapter 1, Halachah 5, a series of communal fasts should always begin on a Monday.
⁵ These fasts begin at dawn; work, anointing oneself, wearing shoes, and sexual relations are permitted.The Shulchan Aruch
⁶ At certain times, ordinary students are advised to refrain from accepting stringencies intended for the Torah sages, lest they appear overly proud. In this instance, however, Ta'anit


###### Mishneh Torah, Fasts 3:2
[Mishneh Torah, Fasts 3:2](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Fasts/r/3:2)

הִגִּיעַ רֹאשׁ חֹדֶשׁ כִּסְלֵו וְלֹא יָרְדוּ גְּשָׁמִים בֵּית דִּין גּוֹזְרִין שָׁלֹשׁ תַּעֲנִיּוֹת עַל הַצִּבּוּר שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי. וּמֻתָּרִין בָּהֶן לֶאֱכל וְלִשְׁתּוֹת בַּלַּיְלָה. וְאַנְשֵׁי מִשְׁמָר אֵין מִתְעַנִּין עִמָּהֶן מִפְּנֵי שֶׁהֵן עֲסוּקִין בַּעֲבוֹדָה. וְכָל הָעָם נִכְנָסִים לְבָתֵּי כְּנֵסִיּוֹת וּמִתְפַּלְּלִין וְזוֹעֲקִין וּמִתְחַנְּנִין כְּדֶרֶךְ שֶׁעוֹשִׂין בְּכָל הַתַּעֲנִיּוֹת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If Rosh Chodesh Kislev arrives without the rains having descended,¹ the court should decree three communal fasts, [starting on] a Monday,² [and continuing on] the [following] Thursday, and the [following] Monday.³ It is permitted to eat and drink at night.⁴ The men serving in the [weekly] priestly watch⁵ 3:9, which states that the prophet Samuel and King David ordained 24 priestly watches, which rotated in the Temple service. Each week, a different watch would serve. should not fast with them because they are involved in the Temple service.⁶ 2:6).
On these days, the entire people should enter the synagogue, pray, cry out [to God],⁷ is recited in the *Shemoneh Esreh*, and other supplicatory prayers are recited. and make supplications as is customary on all fasts.⁸

footnotes:
¹ The drought is considered serious enough to warrant that
² If, however, Rosh Chodesh Kislev itself falls on a Monday, the fast is not held until the Monday of the following week.
³ As mentioned in Chapter 1, Halachah 5, when necessary the court ordains a series of three fasts to evoke Divine favor.
⁴ until dawn, or until one goes to sleep. (See Chapter 1, Halachah 8.)
⁵ See Hilchot Klei Hamikdash
⁶ This leniency includes even the members of the families who are not obligated to serve in the Temple on that day, for many sacrifices may be brought unexpectedly and they may be called to assist in the service. Were they to be fasting, they would not be able to perform this service properly (Ta'anit
⁷ i.e., the prayer Anenu
⁸ The trumpets, however, are not sounded.


###### Mishneh Torah, Fasts 3:3
[Mishneh Torah, Fasts 3:3](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Fasts/r/3:3)

עָבְרוּ אֵלּוּ וְלֹא נַעֲנוּ בֵּית דִּין גּוֹזְרִין שָׁלֹשׁ תַּעֲנִיּוֹת אֲחֵרוֹת עַל הַצִּבּוּר שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי. וּבְשָׁלֹשׁ אֵלּוּ אוֹכְלִין וְשׁוֹתִין מִבְּעוֹד יוֹם כְּמוֹ שֶׁעוֹשִׂין בְּצוֹם כִּפּוּר. וְאַנְשֵׁי מִשְׁמָר מִתְעַנִּין מִקְצָת הַיּוֹם וְלֹא מַשְׁלִימִין. וְאַנְשֵׁי בֵּית אָב וְהֵם הָעוֹסְקִין בַּעֲבוֹדָה בְּאוֹתוֹ הַיּוֹם לֹא יִהְיוּ מִתְעַנִּים כָּל עִקָּר. וְכָל תַּעֲנִית שֶׁאוֹכְלִין בָּהּ מִבְּעוֹד יוֹם אִם אָכַל וּפָסַק וְגָמַר שֶׁלֹּא לֶאֱכל אֵינוֹ חוֹזֵר וְאוֹכֵל אַף עַל פִּי שֶׁיֵּשׁ שְׁהוּת בַּיּוֹם:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If these [fasts] pass without [their prayers] being answered,¹ 1:6), the Rambam teaches us a lesson in the service of God. It could have said, "If these fasts pass without rain having descended." The Rambam and the Mishnah, however, want to emphasize that the ultimate reason why rain descends or does not descend is not dependent on natural factors, but rather on God's mercies. the court should decree an additional three communal fasts.² that read "[starting on] a Monday, [and continuing on] the [following] Thursday, and the [following] Monday," and other texts read "[starting on] Thursday, [and continuing on] the [following] Monday, and the [following] Thursday."
The difference between these two versions depends on the difference of opinion mentioned in the commentary on Chapter 1, Halachah 5, concerning the question: Should the second series of fasts begin on a Thursday or not? On these fasts, we eat and drink while it is still day [on the day before the fast], as on the fast of Yom Kippur.³ 575:2, however, explains that unlike Yom Kippur (*Hilchot Sh'vitat Esor* 1:6), there is no obligation to begin the fast before sunset.
The men serving in the [weekly] priestly watch should fast for part of the day,⁴ but should not complete the fast.⁵ The men of the *beit av*⁶ - those individuals who are involved in the Temple service that day - should not fast at all.
On a fast for which we are required to cease eating while it is still day, once a person has ceased eating⁷ and decided not to eat any more,⁸ he may not change his mind and eat, even though there is still time during the day.⁹ differ with the Rambam on this point and maintain that as long as one has not made an explicit statement to the fact that one has accepted the fast, one is allowed to change one's mind and eat. The rationale for their ruling is that, as explained above, on these fasts, in contrast to Yom Kippur, there is no obligation to begin the fast before sunset.
With regard to the laws of Tish'ah B'Av - and from there we can extrapolate to the instance at hand - the *Shulchan Aruch* (*Orach Chayim* 553:1) accepts the Ramban's ruling. The *Mishneh Berurah* 553:2, however, states that a mental resolve to accept the fast is also sufficient to cause one to be forbidden to eat further.

footnotes:
¹ By choosing this wording (quoted from Ta'anit
² of a more severe nature.There are some texts of the Mishneh Torah
³ I.e., as on Yom Kippur, we are forbidden to eat and drink after sunset. The Magen Avraham
⁴ because these fasts are more severe and also because, at the beginning of the day, it was less likely that they be called to assist in the Temple service
⁵ lest they become weak and be unable to serve in the Temple when called.
⁶ those individuals who are involved in the Temple service that day - should not fast at all - for the above reason.
⁷ concluded his meal
⁸ for this is considered as if he accepted the fast upon himself
⁹ The Ramban and the Maggid Mishneh


###### Mishneh Torah, Fasts 3:4
[Mishneh Torah, Fasts 3:4](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Fasts/r/3:4)

בְּשָׁלֹשׁ תַּעֲנִיּוֹת אֵלּוּ כָּל הָעָם אֲסוּרִין בַּעֲשִׂיַּת מְלָאכָה בַּיּוֹם וּמֻתָּרִין בַּלַּיְלָה. וַאֲסוּרִין בִּרְחִיצַת כָּל הַגּוּף בְּחַמִּין אֲבָל פָּנָיו יָדָיו וְרַגְלָיו מֻתָּר. לְפִיכָךְ נוֹעֲלִין אֶת הַמֶּרְחֲצָאוֹת. וַאֲסוּרִין בְּסִיכָה. וְאִם לְהַעֲבִיר אֶת הַזֻּהֲמָה מֻתָּר. וַאֲסוּרִין בְּתַשְׁמִישׁ הַמִּטָּה. וּבִנְעִילַת הַסַּנְדָּל בָּעִיר אֲבָל בַּדֶּרֶךְ מֻתָּר לִנְעל. וּמִתְפַּלְּלִין בְּבָתֵּי כְּנֵסִיּוֹת וְזוֹעֲקִין וּמִתְחַנְּנִין כִּשְׁאָר תַּעֲנִיּוֹת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
On these three fasts, all people are forbidden¹ to perform work during the day,² 12b brings support for this concept from the exegesis of Joel 2:15: "Sanctify the fast day; call an assembly, and collect the elders." The word for "assembly," עצרה, resembles the Biblical name for the holiday of Shavuot, עצרת. Just as it is forbidden to work on Shavuot, so too, it is forbidden to work on a fast day. but they are permitted during the [previous] night.³, continues using exegesis to show that, in contrast to Shavuot, working on the night of a fast day is permitted. It is forbidden for a person to wash his entire body in hot water,⁴ 575:3). but one may wash one's face, hands, and feet.⁵). For this reason, the bathhouses are closed.⁶
It is forbidden to anoint oneself.⁷ One may, however, do so to remove filth.⁸ 575:7). Sexual relations are forbidden,⁹ 575:8). as is wearing shoes in a city. One may, however, wear shoes on a journey.¹⁰ We pray in the synagogues,¹¹ cry out [to God], and make supplications as is customary on all fasts.¹²

footnotes:
¹ As the Rambam mentions in Chapter 1, Halachah 4, all the fasts mentioned in this text are Rabbinic in origin. The only fast mentioned in the Torah is Yom Kippur. Accordingly, when the Sages instituted communal fasts, they used Yom Kippur as a paradigm. Therefore, just as it is forbidden to perform work, wash, anoint oneself, engage in sexual relations, or wear shoes on that holy day, these activities were also forbidden on other fast days.Nevertheless, on fast days other than Yom Kippur, certain leniencies were instituted, and these restrictions were not enforced to the same degree as on Yom Kippur.
² Ta'anit
³ Ta'anit, ibid.
⁴ but one may wash one's body with cold water (Shulchan Aruch, Orach Chayim
⁵ even in hot water (loc. cit.
⁶ to ensure that this prohibition is observed.
⁷ for the sake of pleasure.
⁸ or for medicinal reasons (Mishnah Berurah
⁹ This applies even on the night of a woman's ritual immersion (Mishnah Berurah
¹⁰ for making a journey without proper shoes is extremely uncomfortable.
¹¹ As opposed to the following sequence of fasts, whose prayer services are held in the streets of the city, as explained in Chapter 4.
¹² The trumpets, however, are not sounded.


###### Mishneh Torah, Fasts 3:5
[Mishneh Torah, Fasts 3:5](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Fasts/r/3:5)

עָבְרוּ אֵלּוּ וְלֹא נַעֲנוּ בֵּית דִּין גּוֹזְרִין שֶׁבַע תַּעֲנִיּוֹת אֲחֵרוֹת עַל הַצִּבּוּר שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי וַחֲמִישִׁי וְשֵׁנִי וַחֲמִישִׁי וְשֵׁנִי. וּבְאֵלּוּ הַשֶּׁבַע בִּלְבַד עֵבָּרוֹת וּמֵינִיקוֹת מִתְעַנּוֹת אֲבָל בִּשְׁאָר הַתַּעֲנִיּוֹת אֵין עֵבָּרוֹת וּמֵינִיקוֹת מִתְעַנּוֹת. וְאַף עַל פִּי שֶׁאֵינָן מִתְעַנּוֹת אֵין מְעַנְּגוֹת עַצְמָן בְּתַפְנוּקִים אֶלָּא אוֹכְלוֹת וְשׁוֹתוֹת כְּדֵי קִיּוּם הַוָּלָד:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If these [fasts] pass without [their prayers] being answered, the court decrees another seven communal fasts, [beginning on the next] Monday, [and continuing as follows]: Thursday, Monday, Thursday, Monday, Thursday, and Monday.
It is only on these seven fasts¹ 14a, does not consider the nature of the situation during the first two sets of fasts serious enough to warrant that these women fast. During these seven fasts, in contrast, the drought has become a real danger. Hence, they are also required to fast.
This ruling is not accepted by many other authorities. Most follow Rashi's interpretation of the passage, which requires these women to fast during the second set of three fasts only. The rationale for that ruling is that he feels that the drought has already become serious enough to warrant their fasting during the second set of three fasts. In principle, these women should also fast during the final seven fasts, but the Rabbis felt that such a long period of fasting would be too taxing for them. Hence, they restricted their fasts to the second set alone. This is the ruling quoted by the *Shulchan Aruch* (*Orach Chayim* 575:5). that pregnant and nursing women² are required to fast. [On the other fast days,] although they are not obligated to fast,³), "It is forbidden for them to be stringent with themselves and fast." they should not indulge in delicacies. Instead, they should eat only what is necessary to maintain their babies.

footnotes:
¹ The Rambam, based on his interpretation of Ta'anit
² The same applies to other individuals who are ill and would suffer from the fast.
³ It is significant to mention the statement of the Ramah (Orach Chayim, ibid.


###### Mishneh Torah, Fasts 3:6
[Mishneh Torah, Fasts 3:6](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Fasts/r/3:6)

וּבְשֶׁבַע תַּעֲנִיּוֹת אֵלּוּ אַנְשֵׁי מִשְׁמָר מִתְעַנִּין וּמַשְׁלִימִין. וְאַנְשֵׁי בֵּית אָב מִתְעַנִּין מִקְצָת הַיּוֹם וְלֹא מַשְׁלִימִין. וְכָל דָּבָר שֶׁהוּא אָסוּר בְּשָׁלֹשׁ אֶמְצָעִיּוֹת אָסוּר בְּאֵלּוּ הַשֶּׁבַע הָאַחֲרוֹנוֹת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
On these seven fasts the men serving in the [weekly] priestly watch should fast for the entire day. The men of the *beit av* should fast for a portion of the day, but should not complete their fast.⁴) were obligated to fast for a portion of the day. All the prohibitions in force during the second set of fasts are also in force during these last seven fasts.⁵

footnotes:
⁴ Because of the severity of the situation, the leniencies that applied in the previous sets of fasts were withdrawn, and the men of the priestly watch who were not required to serve in the Temple that day were required to complete the fast. Even those who were required to serve in the Temple on that day (the men of the beit av
⁵ Nevertheless, with the exception of the factors mentioned in the following halachah, these fasts are also not more severe. Hence, the leniencies with regard to work, washing, anointing oneself, and wearing shoes mentioned in the previous halachah also apply.


###### Mishneh Torah, Fasts 3:7
[Mishneh Torah, Fasts 3:7](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Fasts/r/3:7)

וִיתֵרוֹת אֵלּוּ. שֶׁבָּהֶן בִּלְבַד מַתְרִיעִין וּמִתְפַּלְּלִין בִּרְחוֹב הָעִיר. וּמוֹרִידִין זָקֵן לְהוֹכִיחַ לָעָם כְּדֵי שֶׁיָּשׁוּבוּ מִדַּרְכָּם. וּמוֹסִיפִין שֵׁשׁ בְּרָכוֹת בִּתְפִלַּת שַׁחֲרִית וּבִתְפִלַּת מִנְחָה וְנִמְצְאוּ מִתְפַּלְּלִין כ"ד בְּרָכוֹת. וְנוֹעֲלִין אֶת הַחֲנֻיּוֹת. וּבַשֵּׁנִי מַטִּין לְעֵת עֶרֶב וּפוֹתְחִין אֶת הַחֲנֻיּוֹת. אֲבָל בַּחֲמִישִׁי פּוֹתְחִין כָּל הַיּוֹם מִפְּנֵי כְּבוֹד הַשַּׁבָּת. וְאִם יֵשׁ לַחֲנוּת שְׁנֵי פְּתָחִים פּוֹתֵחַ אֶחָד וְנוֹעֵל אֶחָד וְאִם יֵשׁ לַחֲנוּת אִצְטַבָּה פּוֹתֵחַ כְּדַרְכּוֹ בַּחֲמִישִׁי וְאֵינוֹ חוֹשֵׁשׁ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
There are additional dimensions [of severity] to these [fasts]:¹ it is on these alone that we sound the trumpets,² pray in the street of the city,³ call on an elder to admonish the people [and motivate] them to repent from their [evil] ways,⁴ add six blessings in the morning⁵ and afternoon prayers⁶). - thus, we recite twenty-four blessings,⁷ 2:2), which refers to the era before the nineteenth blessing was added to the daily *Shemoneh Esreh*. (See *Hilchot Tefillah* 2:1.) and close the stores.⁸ 14b).
On Mondays, the doors of the stores⁹ (*Orach Chayim* 575:4), the Ramah, and other commentaries, it appears that the leniencies mentioned here refer only to stores that sell food, but not those that carry other merchandise. are left slightly ajar towards evening¹⁰ and they may be opened [for business].¹¹ 1:6). On Thursdays, [the stores] may be opened the entire day [to allow people to purchase food] in honor of the Sabbath.¹² If a store has two entrances, one entrance should be opened and the other closed.¹³), it appears that this restriction applies on Mondays as well as on Thursdays. If the store has a display area¹⁴ in front of it, it may be opened in the normal manner on a Thursday without concern [for the above restriction].¹⁵ 14b, explains that the display area prevents the entrances to the store from being seen. Hence, there is no difficulty in leaving them both open.

footnotes:
¹ The first four points mentioned in this halachah are described at length in Chapter 4.
² as required in a time of distress (Chapter 1, Halachah 1). In Chapter 4, Halachot 14-17, the manner in which the trumpets are sounded is explained.
³ See Chapter 4, Halachah 1
⁴ See Chapter 4, Halachah 2
⁵ See Chapter 4, Halachot 7-14
⁶ Although the Talmud does not mention that these six blessings were added in both prayer services, were this not to be the case, it would have been proper to state that they were added only in the morning service (Maggid Mishneh
⁷ More precisely 25. The Rambam is quoting the Mishnah (Ta'anit
⁸ with the leniencies to be mentioned. The stores are closed to intensify the people's consciousness of the fast (Rashi, Ta'anit
⁹ From the Shulchan Aruch
¹⁰ but they should not be opened completely
¹¹ to allow people to purchase food for the evening meal. There are, however, certain restrictions; for example, the products in the store may not be taken out to the store's display area (Rambam's Commentary on the Mishnah, Ta'anit
¹² The following restriction should be adhered to:
¹³ From the Rambam's Commentary on the Mishnah (loc. cit.
¹⁴ a bench for the storekeeper and/or customers to sit and a place for merchandise to be placed
¹⁵ Rashi, Ta'anit


###### Mishneh Torah, Fasts 3:8
[Mishneh Torah, Fasts 3:8](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Fasts/r/3:8)

עָבְרוּ אֵלּוּ וְלֹא נַעֲנוּ. מְמַעֲטִין בְּמַשָּׂא וּמַתָּן וּבְבִנְיָן שֶׁל שִׂמְחָה כְּגוֹן צִיּוּר וְכִיּוּר. וּבִנְטִיעָה שֶׁל שִׂמְחָה כְּגוֹן מִינֵי הֲדַס וּמִינֵי אֲהָלִים. וּמְמַעֲטִין בְּאֵרוּסִין וְנִשּׂוּאִין אֶלָּא אִם כֵּן לֹא קִיֵּם מִצְוַת פְּרִיָּה וּרְבִיָּה. וְכָל מִי שֶׁקִּיֵּם מִצְוַת פְּרִיָּה וּרְבִיָּה אָסוּר לוֹ לְשַׁמֵּשׁ מִטָּתוֹ בִּשְׁנֵי רְעָבוֹן. וּמְמַעֲטִין בִּשְׁאֵלַת שָׁלוֹם בֵּין אָדָם לַחֲבֵרוֹ. וְתַּלְמִידֵי חֲכָמִים לֹא יִשְׁאֲלוּ שָׁלוֹם אֶלָּא כִּנְזוּפִין וּכִמְנֻדִּין לַמָּקוֹם. וְעַם הָאָרֶץ שֶׁנָּתַן לָהֶם שָׁלוֹם מַחְזִירִין לוֹ בְּשָׂפָה רָפָה וְכֹבֶד רֹאשׁ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If these [fasts] pass without [their prayers] being answered,¹ we should minimize our commercial activity,²). Seemingly, the intent is that since the time is not favorable, it is unwise to invest money and effort in commercial endeavors (*Kinat Eliyahu*).
There are, however, authorities who maintain that here also, the restriction involves only commercial activity associated with joy - e.g., preparing for a child's wedding or purchasing valuable articles, but ordinary business activities are permitted (*Mishnah Berurah* 575:18). construction projects associated with joy³ 1:7), the Rambam states that this refers to ornate buildings erected by the wealthy. There is, however, no restriction on ordinary building projects necessary for one's everyday purposes.
The *Shulchan Aruch* (*Orach Chayim* 575:7) describes the prohibition as applying to "buildings of joy." The *Mishnah Berurah* 575:18 (based on the *Tur*) explains that this refers to all buildings that are unnecessary and are constructed for beauty and comfort. - e.g., those involving decorative patterns on the ceilings and walls, plantings⁴ associated with joy⁵), the Rambam explains that this refers to spice and flower gardens planted for pleasure. One may, however, plant orchards for the purpose of growing fruit. There are no restrictions on such activity. - e.g., that of myrtle trees, and the erection of tents.⁶
We also minimize betrothals and marriages,⁷ (*Orach Chayim* 575) interprets this to mean that a person who has fulfilled the mitzvah of fathering children should not become betrothed or marry at all. unless one has not fulfilled the mitzvah of being fruitful and multiplying.⁸ 15:4.) Whoever has fulfilled this mitzvah is forbidden to engage in sexual relations in a year of famine.⁹ 11a derives this concept from Genesis 41:50, which states that Joseph's children were born before the famine. One can infer that during the famine he did not engage in relations.
This restriction was instituted because it is proper to reduce our indulgence in pleasure in a time of communal distress.
We also reduce the exchange of greetings, and the Torah sages should not exchange greetings at all.¹⁰ Rather, [they should conduct themselves as people] who have been rebuffed and ostracized by God.¹¹ 14b states that it is proper to cover one's head with a cloak as mourners do. Nevertheless, neither the Rambam nor the *Shulchan Aruch* quotes this obligation (perhaps because even mourners did not generally observe this custom after the Talmudic era). When a common person greets them, they may return the greeting¹² 14b); but when doing so, they should respond in a weak and concerned tone.¹³

footnotes:
¹ no other communal fasts are ordained, as explained in the following halachah. The fact that no other fasts are called does not mean that the community may return to their ordinary pattern of conduct. Quite the contrary: the period is regarded as one of Divine disfavor. Hence,
² The restrictions that follow were instituted to reduce joy. In contrast, this restriction appears to include all commercial activity, even that which is not directed associated with happiness (Lechem Mishneh
³ e.g., those involving decorative patterns on the ceilings and walls - In his Commentary on the Mishnah (Ta'anit
⁴ In this instance, the differences between Hebrew and English have caused our translation to be non-literal. In Hebrew, the word נטיעה refers to both planting trees and setting up tents.
⁵ e.g., that of myrtle trees - In his Commentary on the Mishnah (ibid.
⁶ This also refers to tents set up for festive purposes; there is no restriction against pitching tents for ordinary purposes.
⁷ The Beit Yosef
⁸ This involves fathering a son and a daughter. (See Hilchot Ishut
⁹ Ta'anit
¹⁰ Needless to say, frivolity and jests are also forbidden.
¹¹ A person under a ban of ostracism is forbidden to greet others or to return greetings. Hence the above prohibition.Ta'anit
¹² lest the person become offended (Rashi, Ta'anit
¹³ so that he will appreciate that the greeting was not in place.


###### Mishneh Torah, Fasts 3:9
[Mishneh Torah, Fasts 3:9](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Fasts/r/3:9)

תַּלְמִידֵי חֲכָמִים חוֹזְרִין לְבַדָּם וּמִתְעַנִּים שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי עַד שֶׁיֵּצֵא נִיסָן שֶׁל תְּקוּפָה אֲבָל לֹא הַצִּבּוּר. שֶׁאֵין גּוֹזְרִין עַל הַצִּבּוּר בִּשְׁבִיל גְּשָׁמִים שֶׁלֹּא יָרְדוּ יֶתֶר מִשְּׁלֹשׁ עֶשְׂרֵה תַּעֲנִיּוֹת אֵלּוּ. וּכְשֶׁמִּתְעַנִּין הַיְחִידִים עַד שֶׁיָּצָא נִיסָן מֻתָּרִין לֶאֱכל בַּלַּיְלָה וּמֻתָּרִין בַּעֲשִׂיַּת מְלָאכָה וּבִרְחִיצָה וּבְסִיכָה וְתַשְׁמִישׁ הַמִּטָּה וּנְעִילַת הַסַּנְדָּל כִּשְׁאָר כָּל הַתַּעֲנִיּוֹת. וּמַפְסִיקִין לְרָאשֵׁי חֳדָשִׁים וּפוּרִים. יָצָא נִיסָן שֶׁל תְּקוּפָה וְהוּא כְּשֶׁהִגִּיעַ הַשֶּׁמֶשׁ לִתְחִלַּת מַזַּל שׁוֹר אֵין מִתְעַנִּים. שֶׁאֵין הַגְּשָׁמִים בַּזְּמַן הַזֶּה אֶלָּא סִימַן קְלָלָה הוֹאִיל וְלֹא יָרְדוּ כָּל עִקָּר מִתְּחִלַּת הַשָּׁנָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
The Torah scholars alone continue to fast,¹ [beginning on the next] Monday, [and continuing on the following] Thursday and Monday² - maintain that all cycles of fasts begin on Monday. Hence, if a cycle of fasts ends on Monday, the next cycle begins on the following Monday.
This difference of opinion involves much more than one day, for these fasts are decreed in series of three. Thus, according to the opinion followed by the standard texts, the scholars would fast three days in every two weeks for the duration of the period. The other view, in contrast, would require them to fast on every Monday and Thursday. [in this manner] until the month of Nisan³ 1:7 states that these fasts should continue "until Nisan passes." In the Jerusalem Talmud's explanation of this Mishnah, it is explained that this refers to Nisan - as determined in relation to the spring season⁴ 9:3, the Rambam defines the beginning of spring as the time the sun enters the zodiac constellation of the goat. This is the beginning of April according to the secular calendar. - passes. This is not, however, required of the community. No more than these thirteen communal fasts are decreed because of a lack of rainfall.⁵ 14b considered thirteen fasts as the maximum a community should be required to undertake for this reason. More fasts would be considered an excessive burden. (Significantly, according to Kabbalah, the number thirteen is identified with God's attributes of mercy.)
As mentioned in the commentary on Chapter 1, Halachah 4, this limit applies only regarding fasts decreed because of a lack of rain. When communal fasts are decreed because of other distressing circumstances, we should continue fasting until our prayers are answered.
When these individuals fast until Nisan passes, they are allowed to eat at night⁶ and are allowed to perform work, to wash, to anoint themselves, to engage in sexual relations, and to wear shoes as on other fast days.⁷ They do not fast on Rashei Chodashim, nor on Purim.⁸
After the month of Nisan, as determined in relation to the spring season, passes⁹ - i.e., when the sun enters the sign¹⁰ of the bull¹¹ - they should cease fasting. Since no rain has descended from the beginning of the year, rain in this season would be a sign of a curse.¹²

footnotes:
¹ The commentaries do not mention whether it is preferable that all the students of the Torah join in these fasts, as was stated in Halachah 1. One might presume, however, that they should. Indeed, the entire community should have been required to observe these fasts, and it is only because the Rabbis thought that this would be too difficult for them that they were released from this obligation.
² As mentioned in the commentary on Chapter 1, Halachah 5, and in Halachah 3 of this chapter, there are opinions that maintain that if a cycle of fasts ends on Monday - as does the cycle of the seven communal fasts - the next cycle of fasts may be started on the Thursday of that week. Other opinions - and these are followed by the standard published text of the Mishneh Torah
³ Ta'anit
⁴ which always begins in the month of Nisan. In Hilchot Kiddush HaChodesh
⁵ Ta'anit
⁶ i.e., the fast begins at dawn. See Chapter 1, Halachah 8.
⁷ These restrictions apply only on Yom Kippur, Tish'ah B'Av, and the latter ten fasts decreed because of a lack of rain.
⁸ As mentioned in Chapter 1, Halachah 9, an individual should not fast on these days. Although many individuals may participate in these fasts, they are still deemed individual - and not communal - fasts.
⁹ i.e. - one month after the spring season begins
¹⁰ i.e., the zodiac constellation
¹¹ This is at the beginning of the secular month of May.
¹² Since the land has already become parched, the rain will be of no benefit. For God to display His beneficence at such a time, after the time had passed when the rain could have helped, is a further sign of Divine disfavor (Rav Ovadiah of Bertinoro).


###### Mishneh Torah, Fasts 3:10
[Mishneh Torah, Fasts 3:10](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Fasts/r/3:10)

בַּמֶּה דְּבָרִים אֲמוּרִים בְּאֶרֶץ יִשְׂרָאֵל וְכָל הַדּוֹמֶה לָהּ. אֲבָל מְקוֹמוֹת שֶׁעוֹנַת הַגְּשָׁמִים שֶׁלָּהֶן קֹדֶם י"ז בְּמַרְחֶשְׁוָן אוֹ אַחַר זְמַן זֶה כְּשֶׁיַּגִּיעַ זְמַנָּם וְלֹא יָרְדוּ גְּשָׁמִים יְחִידִים מִתְעַנִּים שֵׁנִי וַחֲמִישִׁי וְשֵׁנִי. וּמַפְסִיקִין בְּרָאשֵׁי חֳדָשִׁים וּבַחֲנֻכָּה וּבְפוּרִים. וְשׁוֹהִין אַחֲרֵי כֵן כְּמוֹ שִׁבְעָה יָמִים. אִם לֹא יָרְדוּ גְּשָׁמִים בֵּית דִּין גּוֹזְרִין עַל הַצִּבּוּר שְׁלֹשׁ עֶשְׂרֵה תַּעֲנִיּוֹת עַל הַסֵּדֶר שֶׁאָמַרְנוּ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Where does the above apply? In *Eretz Yisrael* and in similar lands.⁶, the rainy season should begin at the start of Marcheshvan. In contrast, in places where the rainy season begins before or after the seventeenth of Marcheshvan,⁷ 575:24 states that this applies even if a country's rainy season begins after Shavuot. Note also *Hilchot Tefillah* 2:16-17, in which the Rambam discusses the question of requesting rain in lands other than *Eretz Yisrael*. This question is particularly relevant in regard to countries in the southern hemisphere. when the time [for the rains] arrives and no rain descends, individuals should [begin a series of three] fasts, [starting on] Monday [and continuing on the following] Thursday and Monday. They should not fast on Rashei Chodashim, Chanukah, or Purim.⁸
Afterwards, they should wait approximately seven days.⁹.) If rain does not descend, the court should decree thirteen communal fasts, according to the order described above.¹⁰

footnotes:
⁶ As mentioned, in Eretz Yisrael
⁷ The Mishnah Berurah
⁸ For individual fasts should not be held on these days.
⁹ This is approximately the time between the conclusion of the three fasts begun on the seventeenth of Cheshvan, and the beginning of the second series of fasts after Rosh Chodesh Kislev. (See Kessef Mishneh
¹⁰ As explained in the following halachah, there are, however, certain differences in the severity of the fasts.


###### Mishneh Torah, Fasts 3:11
[Mishneh Torah, Fasts 3:11](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Fasts/r/3:11)

כָּל תַּעֲנִיּוֹת שֶׁגּוֹזְרִין הַצִּבּוּר בְּחוּצָה לָאָרֶץ אוֹכְלִים בָּהֶם בַּלַּיְלָה וְדִינֵיהֶם כְּדִין שְׁאָר הַתַּעֲנִיּוֹת. שֶׁאֵין גּוֹזְרִין עַל הַצִּבּוּר תַּעֲנִית כְּגוֹן צוֹם כִּפּוּר אֶלָּא בְּאֶרֶץ יִשְׂרָאֵל בִּלְבַד וּבִגְלַל הַמָּטָר. וּבְאוֹתָן עֶשֶׂר תַּעֲנִיּוֹת שֶׁהֵן שָׁלֹשׁ אֶמְצָעִיּוֹת וְשֶׁבַע אַחֲרוֹנוֹת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[The following laws apply to] all the communal fasts decreed in the diaspora: It is permitted to eat during the night,¹¹ and they are governed by the same laws as other fasts.¹² A communal fast resembling Yom Kippur is decreed only in *Eretz Yisrael,*¹³ 11b states, "There is no communal fast in Babylon other than Tish'ah B'Av" - i.e., in Babylon, there is no fast as severe as Yom Kippur, with the exception of Tish'ah B'Av. Significantly, *Tosafot* (*loc. cit.*) and Rashi (*Pesachim* 54b) explain that this refers to the land of Babylon, where rains were always plentiful and there was never a need for fasts.
The Rambam - and other commentaries and authorities, including the *Shulchan Aruch* (*Orach Chayim* 575:10) - explain that the law which applies to Babylon, applies to the entire diaspora. It is not that there can be no need for a communal fast of this nature, but rather that, outside of *Eretz Yisrael*, the Jewish court lacks the authority to declare such a fast. (See the Jerusalem Talmud, *Ta'anit* 2:1.)
The Ramban explains that the reason for the lack of authority is that there is no *Nasi* in the diaspora, and the declaration of a communal fast would require his approval. The Rashba states that the lack of authority stems from the lack of judges who have received the *semichah* (ordination) extending back in a chain to Moses. (See *Hilchot Sanhedrin*, Chapter 4.) According to these opinions, even in *Eretz Yisrael* today it is impossible to ordain communal fasts of this nature. Note the gloss of the *Birkei Yosef* on the *Shulchan Aruch* (*Orach Chayim* 575), where this concept is discussed and a rationale is given for fasting in *Eretz Yisrael* today.
(Homiletically, it can be explained that the unity necessary to establish a community is possible only in *Eretz Yisrael*. In contrast, in the diaspora our greater involvement with material affairs prevents the establishment of true oneness among our people.) and only because of [a lack of] rain.¹⁴ This refers to the latter ten fasts - i.e., the middle series of three fasts and the final series of seven fasts.

footnotes:
¹¹ Until dawn. See Chapter 1, Halachah 8.
¹² See Halachah 9. Thus, there are no prohibitions against work, washing, anointing oneself, sexual relations, and wearing shoes on these fasts.
¹³ Ta'anit
¹⁴ Thus, such severe fasts are not ordained for any of the other difficulties mentioned in the second chapter. Although the Ramban differs with the Rambam on this point, the Rambam's view is accepted as halachah.