The Laws of Tisha Be-Av / Instituting the Fast of Tisha Be-Av

As we already learned (6:1), the prophets instituted four fasts after the destruction of the First Temple, the gravest of which is Tisha Be-Av, the ninth day of the Hebrew month of Av, the day that the Temple was destroyed (for more on the meaning of the fast, see above 6:4). These fasts were modeled on Yom Kippur, which lasts an entire day and contains five prohibitions. When the Second Temple was built, these fasts were annulled, becoming joyous holidays. And when the Second Temple was destroyed, the four fasts reverted to their original status.

After the period of harsh decrees ended and a new era began, in which the Temple was still in ruins but evil decrees no longer plagued us, the Sages determined that the status of three of the fasts – Asara Be-Tevet, Shiv’a Asar Be-Tamuz, and Tzom Gedalia – depended on the will of the Jewish people: “If they want, they fast; if they do not want, they do not fast.”

On Tisha Be-Av, however, we must fast under all circumstances, because many tragedies befell the Jewish people on that day, including the destruction of both Temples. Even when we live in a tranquil time, its status is not dependent on Israel’s will. Rather, as long as the Temple sits in ruins, we must fast on that day, as the prophets enacted (RH 18b).

This is the basis for the difference between Tisha Be-Av and the minor fasts. Our obligation to fast on Tisha Be-Av is based on an institution of the prophets, so all the laws of the fast apply in their entirety. On the minor fasts, however, our obligation is based on custom, since all of Israel agreed to fast on these days until the Temple is rebuilt. Thus, from the very outset, the accepted custom has been to treat them more leniently than Tisha Be-Av (as explained above, 7:1).¹, p. 244. This is also the opinion of Rashi, Eshkol, Itur, Smak, Magid Mishneh, and others. However, some – including Rashba and Ritva – maintain that in an intermediate situation, when the Temple is destroyed but evil decrees have ceased, we are exempt from fasting even on Tisha Be-Av, but the Jewish people decided to observe Tisha Be-Av as a full fast, in accordance with the original enactment, because of the numerous tragedies that occurred on that day. Nonetheless, the accepted practice follows the majority of Rishonim and Aḥaronim, who maintain that the fast of Tisha Be-Av is not dependent on anyone’s will. Rather, it is an obligation instituted by the prophets.

footnotes: ¹ See above 7:1-2 and n. 1, where it is explained that “peace” means that the Temple stands; only then will Tisha Be-Av be annulled. The statement that the obligation to fast on Tisha Be-Av does not depend on Israel’s will is stated by Ramban in Torat Ha-adam

The Laws of Tisha Be-Av / General Rules of the Fasts

There are three halakhic differences between Tisha Be-Av and the minor fasts: 1) Tisha Be-Av lasts an entire day, from shki’at ha-ḥama (sunset) of one day until tzeit ha-kokhavim(the emergence of three mid-sized stars) of the next day, whereas the minor fasts last only during daylight hours – from alot ha-shaḥar (dawn) until tzeit. 2) On Tisha Be-Av, there are five prohibitions: a) eating and drinking; b) washing; c) anointing oneself; d) wearing high-quality shoes; and e) engaging in sexual relations. On the minor fasts, however, only eating and drinking are prohibited. 3) Only sick people are exempt from fasting on Tisha Be-Av, whereas on the minor fast days, pregnant and nursing women are exempt as well.

In general, the fast of Tisha Be-Av is equivalent to the fast of Yom Kippur: all enactments the Sages made regarding Tisha Be-Av were modeled after the Torah’s commandments regarding Yom Kippur. This includes the five prohibitions listed above. Nonetheless, since the fast of Tisha Be-Av is a rabbinic enactment, its laws are more lenient in two significant ways: 1) The Sages did not require sick people to fast on Tisha Be-Av. In contrast, sick people must fast on Yom Kippur, unless doing so would put his life in danger. 2) In situations of uncertainty, one should be stringent on Yom Kippur, but on Tisha Be-Av one may be lenient. This follows the rule that we are stringent in cases of uncertainty about Torah law, but lenient in cases of uncertainty about rabbinic law.

However, Tisha Be-Av is more stringent than Yom Kippur in a certain way. On Tisha Be-Av, we are obligated to mourn. Therefore, we sit on the floor, refrain from greeting one another, darken the room at night, and are forbidden to enjoy Torah study. On Yom Kippur, however, we are obligated only to deprive ourselves, but besides the five afflictions, the day is considered a holiday: We wear nice clothing, sit on regular seats, sing songs, exchange greetings with one another, and of course, engage in Torah study without limits. (Regardless of the afflictions, melakhais forbidden on Yom Kippur just as it is forbidden on Shabbat.)

The Laws of Tisha Be-Av / The Prohibition of Eating and Drinking and the Status of Sick People and Postpartum Women

We have already explained the prohibition against eating and drinking on the minor fasts (above, 7:5-7) and have seen that there is a difference between those fasts and Tisha Be-Av: The minor fasts begin at alot ha-shaḥar, whereas Tisha Be-Av begins at shki’a. There is no difference, however, regarding the prohibition itself against eating and drinking.

We also saw that sick people are exempt from fasting on Tisha Be-Av (the definition of a “sick person” is explained above, 7:7) and that they need not limit themselves to quantities that are less than the shi’urof eating or drinking. Only on Yom Kippur, which is mandated by Torah law and which even sick people must observe, must one eat less than the shi’ur, when possible, to avoid breaking the fast. On rabbinically instituted fasts, however, sick people are completely exempt; therefore, they need not eat small quantities or fast for a few hours. Nevertheless, several Aḥaronim write that, if possible, it is proper for sick people to be stringent and refrain from eating and drinking on the night of Tisha Be-Av, so that they participate in the community’s pain. In the morning, though, they may eat and drink as needed, with no limitations.², even on Tisha Be-Av a sick person should preferably eat quantities of less than a shi’ur, so that he does not technically break his fast and can thus recite the Aneinuand Naḥemadditions to the prayer**(cited in Sdei Ḥemed and in Tzitz Eliezer 10:25, 16:2). BHL 554:6 rules similarly, quoting Pitḥei Olam as saying that in a place where cholera is not already rampant and the doctors say that people must eat in order to avoid catching the disease, one should eat portions that are smaller than the shi’ur on Tisha Be-Av. Similarly, MB 554:14 states in the name of Eliya Rabba that a postpartum woman should preferably fast for a few hours, if possible. Ḥatam Sofer OḤ 157 concurs, saying that if a sick person can suffice with just drinking, he should not eat, and if eating once will satisfy his needs, he should not eat twice. According to Maharil Diskin (Kuntres Aḥaron §75), there is room to be stringent in this matter, not as far as the obligation to fast is concerned, but in order to avoid separating from the community. In practice, if a sick person wants to be stringent and eat portions that are smaller than the shi’ur, he may later recite Aneinu and Naḥem, and some indeed go above and beyond in following this practice. Although the general rule is that sick people do not need to eat portions that are smaller than the shi’ur. So states AHS 554:7. Furthermore, even BHL only ruled that one should eat less than the shi’ur in reference to one who is not considered sick at all. Nishmat Avraham 4:554 and Tzitz Eliezer 10:25:16 concur. Sometimes it is not certain whether a person is sick or not. It seems that if the uncertainty stems from the person’s weakness – i.e., that it is likely that he will become truly sick over the course of the fast, as in the case of a pregnant woman who feels weak – it is proper to instruct him to begin eating and drinking less than the shi’ur in the morning, in accordance with the ruling of BHL. If, however, the uncertainty stems from the person’s fear, there are grounds to instruct him to begin fasting, but to eat and drink if his illness intensifies.

footnotes: ² Some Aḥaronim maintain that, le-khatḥila

A woman within thirty days of childbirth is considered sick, because she has not yet sufficiently regained her strength. Therefore, she is exempt from fasting (SA 551:6).³14 quotes MA as saying that she may be lenient only if Tisha Be-Av is postponed. Nevertheless, AHS 554:7 states that nowadays a woman should not, God forbid, fast within thirty days of giving birth. Other Ashkenazic poskim rule this way as well. A woman who is lenient in this regard does not lose out at all.

footnotes: ³ Rema 554:6 writes that a woman should fast if seven days have passed since childbirth, unless she is in great pain. MB ad loc.

A woman who has miscarried and feels weak has the same status as a postpartum woman and is exempt from the fast of Tisha Be-Av if it occurs within thirty days after her miscarriage.

Those who are exempt from fasting should take care to eat only simple foods that they need for their health, not delicacies and treats for the sake of self-gratification. The poskim debate whether or not one who is permitted to eat recites Naḥem in Birkat Ha-mazon.⁴ maintain that one recites Naḥem before the ending of the berakha of U-venei Yerushalayim (Rema 557:1). Others questioned this, claiming that the Sages never instituted the recitation of Naḥem in Birkat Ha-mazon (Vilna Gaon, quoted in MB 557:5). Still others say that it is best to recite it after all the berakhot of Birkat Ha-mazon are finished, together with the Ha-raḥaman prayers (Kaf Ha-ḥayim 557:11).

footnotes: ⁴ Many Ashkenazic poskim

The Laws of Tisha Be-Av / Pregnant and Nursing Women

We have learned that one of the differences between the minor fasts and Tisha Be-Av is that pregnant and nursing women are exempt from the minor fasts and obligated in Tisha Be-Av (above 7:8). The reason for this is that only sick people are exempt from fasting on Tisha Be-Av, while pregnant and nursing women – despite the aches and pains that they experience – are not considered sick (SA 554:5). If, however, they experience extraordinary weakness, they are considered sick and are exempt from fasting on Tisha Be-Av.

For example, a pregnant woman who suffers greatly from vomiting or dizziness is considered sick and does not need to fast. Similarly, a pregnant woman who is extremely anemic – due to a low blood count, for example (generally less than 10 grams of hemoglobin per deciliter of whole blood; it is best to consult a medical professional about such matters) – is exempt from fasting. It goes without saying that one should not fast if there is a concern that doing so could cause a miscarriage. A woman who is not certain whether she is considered sick should begin fasting, but if she starts feeling very weak, then she is certainly considered sick and should eat and drink.⁵ ch. 25 n. 3). Nevertheless, in the main text I ruled in accordance with the accepted practical halakha, as formulated in Pesaḥim 54b, SA, and the Aḥaronim.

footnotes: ⁵ Some have ruled that in exceptionally hot weather, a pregnant woman who is suffering is exempt from fasting (R. Shlomo Zalman Auerbach). Others are even more lenient, ruling that all pregnant women are exempt from fasting altogether, either because heat waves can occur or because people in general are weaker nowadays (as cited in Halikhot Beitah

As we learned, a nursing woman must fast on Tisha Be-Av. Even though it is harder for her to fast because breastfeeding can deplete one’s fluids, this does not mean that she is considered sick. The baby does not suffer from the fast either. If the mother’s milk supply does not decrease when she fasts, the baby will certainly not feel any difference, and even if the milk supply decreases when she fasts, she can supplement with infant formula, sweetened water or infant cereal so that the baby does not suffer from the fast.⁶ 48:4 writes that such a woman should drink quantities smaller than a shi’ur because she is not really sick; the only reason she needs to drink is for her baby. The best advice for most women whose milk supply decreases is to skip two feedings in alternating fashion. That is, a woman who nurses every three hours should breastfeed her baby at 10 AM, give him something else at 1 PM, breastfeed again at 4 PM, and give him a something else again at 7 PM. This way, she will not suffer too much from fasting and her milk supply will not decrease. If a nursing woman feels so anemic that her status changes from that of a nursing woman to that of a sick person, she may eat and drink.

footnotes: ⁶ If a mother exclusively breastfeeds her baby and her milk supply decreases when she fasts, she should stop fasting and breastfeed her baby properly if she is unable to feed him formula or sweetened water from a bottle. Similarly, if a woman is concerned that fasting might cause her milk supply to become completely depleted, rendering her unable to breastfeed her baby, she should not fast. Torat Ha-yoledet

The Laws of Tisha Be-Av / Washing

Any form of pleasurable washing is prohibited on Tisha Be-Av, whether the water is hot or cold. One may not even wash a small part of his body; one may not even dip one finger in water. However, one who became soiled with mud or feces, or has a nosebleed, may wash the soiled area, because his intention is not to take pleasure from washing (SA 554:9). Similarly, one who is changing a child’s diaper may wash the soiled area, even though he will wash his hand in the process. He may even use soap if the filth or odor does not come off with water alone.

If one is preparing food for after the fast or for his children, he may rinse food items and dishes because this is not considered washing for the sake of pleasure. And even though one derives some pleasure every time one washes one’s body, since the main purpose is to remove filth, it is not considered washing for pleasure.

If one perspired excessively, to the point where he is preoccupied and suffering, he may wash the sweaty area because he does not intend to derive pleasure (MB 613:2, SHT ad loc. 4).

Likewise, one who is very sensitive and cannot settle himself in the morning without washing his face may rinse his face with water. One who accumulates mucus in the corner of his eyes overnight and generally removes it with water may do so on Tisha Be-Av (SA 554:11, MB *ad loc.*22).

One may not rinse one’s mouth on Tisha Be-Av. Nevertheless, one who will be very distressed if he does not do so may rinse his mouth and brush his teeth without toothpaste on Tisha Be-Av. On Yom Kippur, however, when there is a Torah obligation to fast, one may not be lenient regarding this issue (see above, 7:5 and n. 6).

A bride within the first thirty days of her marriage may wash her face and apply any ointment she needs to avoid making herself unattractive to her husband (MB 554:29, SHT ad loc. 38).

One may take a slightly damp towel and run it across one’s face, hands, and feet, because the prohibition of washing does not apply to such a small amount of moisture. The only condition is that the towel not be so wet that it could moisten one’s hand to the extent that his hand could then moisten something else (Rema 554:14, MB *ad loc.*27).

The Laws of Tisha Be-Av / Washing for the Sake of a Mitzva

One may wash one’s hands for the sake of a mitzva because such washing is not for the purpose of gaining pleasure. Therefore, Kohanim may wash their hands in preparation for Birkat Kohanim (Rema 613:3, SA 128:6). However, one may not immerse in a mikveh on Tisha Be-Av.⁷ (a woman who has menstruated and who must immerse in a mikvehbefore resuming relations with her husband) to immerse herself in a mikveh at the first halakhically acceptable opportunity does not override the prohibition against washing on Tisha Be-Av. Similarly, a man who usually immerses in a mikveh in order to remove the impurity caused by a seminal emission may not immerse on Tisha Be-Av, because a pious custom does not override the prohibition against washing (Beit Yosef, SA 554:8, 613:11).

footnotes: ⁷ The mitzva for a nida

Upon awakening in the morning, each person must wash his hands from the tips of the fingers to their base, because an evil spirit rests on one’s hands after a night’s sleep, and it can harm the orifices of one’s body. In order to remove this spirit, one must wash each hand three times alternately. After using the bathroom, one should wash his hands again once and recite the berakha of “al netilat yadayim,” because the Sages instituted a mitzva to wash one’s hands with a berakha in preparation for Shaḥarit. Even though we usually take care to wash the entire hand, on Tisha Be-Av one should wash only up to the base of one’s fingers, including the knuckles, because technically that is sufficient both for preparing for Shaḥarit and for removing the evil spirit (SA 613:2).⁸, one does not need to wash one’s hands more than once after using the bathroom; but some people are accustomed to washing three times (see MB 4:39). Those who always wash three times may do so on Tisha Be-Av as well, because this washing is for the sake of purification and a mitzva, not pleasure (see Peninei Halakha: Prayer 8:3-5 and n. 2).

footnotes: ⁸ According to most poskim

Le-khatḥila,**one should wash his hands before every prayer service throughout the year. Nevertheless, on Tisha Be-Av one should not wash his hands before praying, because doing so is not obligatory. However, if one touched filthy parts of his body and wants to recite sacred words, he should wash his hands, because this washing is for the sake of a mitzva, not in order to derive pleasure (MB 613:5-6, Kaf Ha-ḥayim 613:6).

There is uncertainty regarding the status of one who relieves himself without touching any part of the body that is usually covered, as perhaps he does not need to wash, since he did not touch any filth. In order to avoid this uncertainty, when one relieves oneself on Tisha Be-Av it is best to touch a part of the body that is usually covered and sweaty. This way, all agree that one may wash his hands until the base of one’s fingers, including the knuckles, in order to recite the berakha of Asher Yatzar in a state of cleanliness (SA 613:3, MB *ad loc.*4).⁹ 40:18, MB 613:6). Others maintain that he must wash both hands (Shlah, Yafeh La-lev; see also Kaf Ha-ḥayim 4:86). They also disagree about a case in which one touches his shoe – even if it is made of cloth – with one finger. There are many other uncertainties regarding these laws. For example, does one who touches an area that is usually covered, but which nonetheless is not sweaty, need to wash his hands (see Peninei Halakha: Prayer, ch. 5 n. 2)? Furthermore, technically, one who touches body parts that are usually covered may simply rub his hands on any sort of cloth and then recite sacred words (SA 4:23, MB *ad loc.*61). Why, then, do we not do so on Yom Kippur and Tisha Be-Av? In practice, it appears that if, in a certain situation, one generally is stringent throughout the year and washes his hands, he should wash them on Tisha Be-Av as well, because he is washing for the sake of a mitzva. If, however, he sometimes suffices with rubbing his hands on his clothing or the like, he should do the same on Tisha Be-Av. If one touches an area of his body that is usually covered and now wants to pray, he should wash his hands, because that is the halakha, as explained in Peninei Halakha: Prayer 5:2. If one touches an area of the body that is usually covered with one finger while in the bathroom, it seems that all would agree that he should wash both hands. After all, many authorities maintain that one must wash both hands upon leaving the bathroom, even if he did not relieve himself or touch a body part that is normally covered (see BHL 613:3). One who touches mud with his finger should wash only the soiled area, because there is no evil spirit there that spreads to the rest of the hand.

footnotes: ⁹ Some say that one who touches a part of the body that is usually covered should wash only that hand until the base of one’s fingers (Ḥayei Adam

The Laws of Tisha Be-Av / Anointing Oneself, Fragrances, and Smoking

One may not apply oil or ointment on Tisha Be-Av even to a small area of the body. In addition, one may not use cosmetics, like powders or salves, to beautify the skin or provide a pleasant fragrance. This prohibition applies specifically to anointing for the sake of pleasure; applying creams for medicinal purposes, however, is permitted. Therefore, one may apply petroleum jelly to dry lips or use anti-itch cream (SA 554:15). Likewise, one may apply mosquito repellent.¹⁰, which equates Tisha Be-Av and Yom Kippur in regard to this prohibition.

footnotes: ¹⁰ BHL 554:15 explains that there is a distinction between Yom Kippur and Tisha Be-Av regarding the prohibition of anointing oneself. On Yom Kippur, the prohibition also includes non-pleasurable anointing, as the Yerushalmi indicates. Therefore, one may not apply a salve for the purpose of removing filth on Yom Kippur. On Tisha Be-Av, however, the prohibition is a function of the laws of mourning. Therefore, only anointing for the sake of pleasure is prohibited, while anointing in order to remove filth is permissible. BHL thus rejects the opinion of Mateh Yehuda

One may not smell perfumes or other fragrances on Tisha Be-Av, because doing so is pleasurable and one should curtail one’s pursuit of pleasures on the day on which our Holy Temple was destroyed. While some authorities have ruled leniently on this issue, since smelling fragrances is not one of the five prohibitions (MA), nonetheless, most poskim maintain that one should be stringent on Tisha Be-Av (SA 559:7, SHT 556:1).¹¹ §§551, 567 states that one may not smoke on fast days, because smoking alleviates the anxiety of the destruction of the Temple and generates a feeling of satiation; it even causes a desecration of God’s name, since non-Jews refrain from smoking on their fast days. According to many other poskim, however, there is no prohibition against smoking, from the perspective of the fast day, especially for one who needs to smoke to relieve agitation. MB 555:8 permits smoking after midday, in private, for one who needs it. Many others permit smoking even before midday, in private, for one who needs it. These poskim are cited in Yabi’a Omer 1:33. Hilkhot Ḥag Be-ḥag ch. 7 n. 87 states that those who prohibit smoking are not referring to cigarettes, but to a type of smoking that entails more pleasure and involvement. It is by now clear that smoking is detrimental to one’s health, and it is a mitzva for one who is accustomed to smoking to make every effort to quit. Nevertheless, if one is already addicted to smoking, one may smoke on a fast day in order to relieve the pain of fasting.

footnotes: ¹¹ Shiyarei Knesset Ha-gedola

The Laws of Tisha Be-Av / Wearing Shoes

One may not wear high-quality shoes on Tisha Be-Av. In the past, high-quality shoes were commonly made from leather, since people did not know how to make strong, flexible, and durable shoes from other materials. There is a dispute among the poskimabout the status of non-leather shoes. Some Rishonim were stringent and ruled that one may not wear such shoes on Tisha Be-Av if they actually protect the foot from the ground (Rashi, Rambam, Tosafot, Rabbeinu Yeruḥam). Other Rishonim permitted wearing such shoes on Tisha Be-Av even if they protect one’s feet from the rough ground (Ramban, Rosh, Rashba). Most of the Aḥaronim ruled in accordance with the latter Rishonim in practice (SA 614:2).

Despite this, it seems clear that the lenient position was based on the reality of the time, in which all non-leather shoes were uncomfortable for walking, and thus it could be claimed that these were not considered proper shoes. Today, however, when manufacturers commonly produce high-quality non-leather shoes, one may not wear shoes of any material on Tisha Be-Av if it is a kind of shoe that people would wear year-round to walk on rocky ground. In the previous generation, when it was still uncommon to find high-quality shoes made from different materials, some poskimpermitted wearing such shoes on Tisha Be-Av. However, as time goes by and excellent shoes made from different materials become increasingly common, fewer and fewer poskim permit wearing such shoes on Yom Kippur.

Therefore, any shoe that people can wear outdoors on rocky ground may not be worn on Tisha Be-Av, no matter what the material of the shoe is. Thus, footwear such as “Crocs,” “Keds,” and “Converse All-stars” may not be worn on Tisha Be-Av. However, one may wear cloth slippers or very thin rubber shoes, since people generally would not wear these shoes when walking on rocky ground as one can feel the roughness of the ground when wearing them. Nonetheless, since there are still poskim who are lenient regarding non-leather shoes, one should not rebuke those who wish to rely on this opinion. (See Ohalah shel Torah 2:81; Hilkhot Ḥag Be-ḥag22:25 [in the name of R. Yosef Shalom Elyashiv]; this topic is explained in detail in Peninei Halakha: Days of Awe 8:5).

Sick people and postpartum women, who are liable to catch a cold if they walk barefoot on the ground, may wear leather shoes. Similarly, one who is walking in an area where there is concern for scorpions and the like may wear leather shoes. Likewise, one who is walking in a muddy place may wear his regular shoes in order to avoid soiling his feet. A soldier on active duty may wear army boots (SA 554:17, 614:3-4). The reason for all these leniencies is that wearing shoes is prohibited on Tisha Be-Av only if one wears them for the sake of comfortable walking. When there is different reason for wearing them, however, the prohibition does not apply. If one requires orthotic shoe inserts and suffers without them, one may insert them into a slipper or thin rubber shoe that people generally would not wear throughout the year. This is permitted because one is not using these inserts for the sake of comfortable walking but in order to relieve his suffering. In addition, since the insert is not attached to the shoe, it can be claimed that it is not part of the shoe (Ḥelkat Yaakov2:83; Shemirat Shabbat Ke-hilkhatah 39:37).

The Laws of Tisha Be-Av / Sexual Relations

The fifth way in which we afflict ourselves on Tisha Be-Av is by abstaining from sexual relations. In order to distance ourselves from transgressing this prohibition, a couple must behave on the night of Tisha Be-Av as they do when the woman is a nida. That is, they may not touch each other, sleep in the same bed, or pass things to each other from hand to hand. During the day, they do not need to observe all the precautionary measures that apply while the woman is a nida, but they still may not touch each other affectionately or sleep in the same bed.¹²with regard to all the precautionary measures that couples observe during the nida period, just as one does on Yom Kippur (SA 615:1). According to most poskim, one should be stringent both on the day and night of Yom Kippur. Taz maintains that one does not need to be stringent during the day of Yom Kippur. Regarding Tisha Be-Av, however, many poskim write that one does not need to observe the precautions during the day, since everyone is mourning and the women do not adorn themselves; therefore, there is no reason to be concerned that contact between husband and wife will lead to sexual intercourse (MB 554:37, Kaf Ha-ḥayim 554:85). Some rule stringently with regard to touching even during the day (KitzurSA 124:12, Hilkhot Ḥagim 26:49). Either way, it seems that everyone agrees that affectionate touching is prohibited even during the day, as is sleeping in the same bed.

footnotes: ¹² SA 554:18. Two adjacent beds are considered one bed. The Aḥaronim write that one should be stringent on Tisha Be-Av

The Laws of Tisha Be-Av / Torah Study

In addition to the five prohibitions that apply on Tisha Be-Av, there are other prohibitions that are connected to the fact that Tisha Be-Av is a day of mourning. Just as a mourner may not study Torah during the shivaperiod, one may not study Torah on Tisha Be-Av, so that one’s attention is not diverted from the mourning. Another reason one may not study Torah during a period of mourning is that Torah study makes one happy, as it says, “The precepts of the Lord are just, gladdening the heart” (Tehilim 19:9). One may not even think thoughts of Torah, because even that makes one happy. However, it is a mitzva to study sad sections of the Torah, which deal with the calamities that befell Israel and the afflictions that man encounters, as these sections are appropriate for the mood of the day. One should not study even these sections in depth, because such study makes one happy. However, if one thinks of a novel idea while studying a matter superficially, he does not need to worry, because that is the nature of learning (AHS 554:4). In addition, if one thinks of a significant idea and is worried that he may forget it by the end of the fast, he may write it down in shorthand (see Kaf Ha-ḥayim 554:110).

One may study the following topics. In Tanakh, one may study the chapters that describe the destruction of the Temple, which are found in the books of Melakhim, Divrei Ha-yamim, and Eikha. One may also study the prophecies of the destruction, which cover most of the book of Yirmiyahu, part of Yeḥezkel, and small portions of Yeshayahu and the books of Trei Asar. However, one should not study the prophecies that predict the calamities and destruction that will befall wicked nations, as these cause us joy. One may study the book of Iyov, which deals with suffering, but one should not study the end of the book. One may also study the sections of admonition and calamity in the parshiyot of Be-ḥukotai, Ki Tavo, and Ha’azinu. In all of these cases, one may study the verses with commentary, in order to understand the simple meaning of the passage, but not in order to delve deeply into the content.

Regarding the aggadic sections of rabbinic literature, one may study the passages dealing with the destruction of the Temple in Gittin 55b-58a and most of Midrash Eikha Rabba, skipping the midrashim that deal with consolation. One may also study the third chapter of Mo’ed Katan, which deals with the laws of mourning and excommunication, as well as the sections at the end of Ta’anit that discuss the laws of Tisha Be-Av.

Regarding halakhic topics, one may study the laws of the Three Weeks and Tisha Be-Av (SA OḤ 550-561), as well as the laws of mourning (SA YD 334-403). If a rabbi receives an urgent question in an area of halakha that one may not study on Tisha Be-Av, he should answer it without explaining his reasoning (MB 554:5).

One may study ethical and moralistic works on Tisha Be-Av, even though they quote biblical verses and rabbinic statements, because their whole purpose is to inspire a person to repent for his sins. Therefore, the regular joy one feels when learning Torah is not present.¹³ 30a, and they are codified in SA 554:1-3. Some poskim rule that one may not study a moralistic work if it cites verses and statements of the Sages (see Piskei Teshuvot 554:2). However, the mainstream ruling is that this is permissible, as Me’iri states. Torat Ha-mo’adim 8:18 and Hilkhot Ḥag Be-ḥag ch. 7 n. 57 state likewise in the name of R. Yosef Shalom Elyashiv. They also explain the different opinions regarding what is considered in-depth study, which is prohibited. It seems that one may not study if the goal is to produce novel interpretations and understand the deeper meaning of a passage, but if the purpose is to understand the matter on a simple level, it is permissible. Some maintain that the mitzva of Torah study does not apply on Tisha Be-Av or to a mourner during the shivaperiod. Many others maintain that the mitzva always applies, but during these periods of mourning one must study the sad sections mentioned above (see Yabi’a Omer YD 8:35). Regarding whether young children may study Torah, see below, section 21.

footnotes: ¹³ The source for these laws is Ta’anit

Ideally, one should begin to observe these laws from midday on the day before Tisha Be-Av. However, as we already learned, if one feels that limiting his Torah study to these specific topics will curtail his study, he should study whatever his heart desires until Tisha Be-Av begins (Rema 553:2; MB *ad loc.*8; above 9:3).

One may not read exciting books or newspapers, or study other disciplines on Tisha Be-Av, so as not to divert one’s attention from mourning (AHS, YD 384:9). However, it is permissible, and even fitting, to read history books about the destruction of the Temple, the exile, and the hardships that have befallen the Jewish people.

The Laws of Tisha Be-Av / Greeting One Another

Just as mourners may not greet others (SA YD 385), so too, one may not greet others on Tisha Be-Av (SA 554:20). The Hebrew expression that refers to greeting others is “she’eilat shalom,” which literally means to “inquire about the peace” of another. Since one who has lost a close relative is not in a state of peace, and no one is in a state of peace on Tisha Be-Av, because we are mourning the destruction of our Holy Temple, one may not greet others in either case.

In particular, Torah students who know this halakha must be careful in this regard. However, when one who is unfamiliar with this halakha extends greetings, the recipient should return the greeting in a soft voice and serious tone, as one who is preoccupied with thoughts of mourning and sorrow, making sure not to insult the person in the slightest. If the person who initiated the greeting is eager to learn Torah and will definitely not be insulted, one should explain to him that we do not greet one another on Tisha Be-Av.

According to most poskim, one may not even say, “Good morning,” or “Good evening” (MB 554:41, Kaf Ha-ḥayim 554:90). Some, however, rule that only the greeting “shalom” is prohibited, but one may use phrases like “Good morning” (Leket Yosher). We already learned that in a time of need – in order to avoid insulting others – one may return a greeting; and since some maintain that “Good morning” and “Good evening” are not included in the prohibition, it is preferable to use these phrases rather than saying “shalom.”¹⁴ 3:11: “One may not greet ḥaverim on Tisha Be-Av, but [one may greet] a non-scholar in a soft voice.” Some understand this to mean that the prohibition applies only to Torah scholars, who are called ḥaverim. This appears to be Rambam’s view, as Baḥ understands it. However, Mordechai, Mo’ed Katan §895, presents a different version of the Tosefta: “One may not greet his friend (ḥavero).” SA 554:20 adopts this version, stating that one may not greet others on Tisha Be-Av, and that one who is greeted by someone who is unfamiliar with the halakha should answer in a soft voice. Virtually all the Aḥaronim concur. Nonetheless, we wrote above that one need not, and therefore should not, bring this to the attention of a non-scholar upon his greeting, since some maintain that such a person is not obligated in this halakha.

footnotes: ¹⁴ We read in t. Ta’anit

If one meets a friend who just got married or had a child, he may wish him “mazal tov,” since blessings and congratulations are not prohibited, only greetings (Piskei Teshuvot 554:19). Similarly, handshakes are not included in the prohibition (Har Tzvi, YD 290).

Just as one may not greet others on Tisha Be-Av, one also may not send gifts to others (MB 554:41). Charity, however, is not considered a gift, so one may send food to the needy – it is even a mitzva to do so – so they can have something to eat after the fast (see Kaf Ha-ḥayim 554:91).

The Laws of Tisha Be-Av / Going on Trips and Visiting the Western Wall

One must avoid going on trips on Tisha Be-Av, because they divert one’s attention from mourning. One should also avoid friendly conversations, because they can lead to laughter and levity (SA 554:21). It is better to discuss the destruction of the Temple, Israel’s tribulations, and the ways of achieving repentance for both the community and the individual.

Even those who customarily visit cemeteries after reciting Kinot must take care not to go in large groups, because they might become distracted from mourning (Rema 559:10, MB *ad loc.*41).

It is clear that one should not refrain from going to the Kotel (the Western Wall) out of concern that he might meet friends there and become happy. I heard from my father and teacher that there is no greater rectification for Tisha Be-Av than going to the Western Wall and praying for the Temple to be rebuilt speedily in our time. On the contrary, the fact that many people assemble there increases the power of one’s prayers and magnifies God’s glory. My father added that just as no one would claim that one may not build the Holy Temple during the Nine Days because it is an act of joyous building, so too it cannot be claimed that one may not visit the Western Wall on Tisha Be-Av since one might meet friends there. Rather, if one meets his friends there, he should avoid greeting them, but he may shake their hands affectionately and pray with them for the Temple to be rebuilt.

The Laws of Tisha Be-Av / Sitting and Lying on the Ground

Technically, there is no obligation to sleep or lie on the ground on Tisha Be-Av. This is because the Sages’ statement, “All mitzvot that apply to a mourner apply on Tisha Be-Av” (Ta’anit 30a), refers only to prohibitions, like washing, anointing oneself, wearing high-quality shoes, engaging in sexual relations, greeting others, and studying Torah. However, the mitzvot that a mourner must observe, like turning over his bed and sitting on the floor, technically do not apply on Tisha Be-Av (Tur §555). Nonetheless, it is customary to express our mourning on Tisha Be-Av in the way we lie down and sit as well. Since this law is based on custom, however, it is more lenient than the other prohibitions, as we will explain presently.

Some people sleep on the ground on Tisha Be-Av; others sleep without a pillow; still others place a stone beneath their heads (SA 555:2). One who finds it difficult to sleep in this manner may sleep normally (MB 555:6). The prevalent custom is to place one’s mattress on the ground, thus precluding the need to remove one’s pillow. It is best to place a stone underneath the mattress. This way, one observes the custom of mourning without making it too difficult to fall asleep.

It is customary to sit on the ground like mourners on Tisha Be-Av. However, since there is technically no halakhic obligation to do so, we are not stringent about this for the entire day (Baḥ 559:1). The Ashkenazic custom is to sit on the ground until midday, while the Sephardic custom is to do so until Minḥa *(*SA and Rema 559:3). Thus, one who takes a nap in the afternoon does not need to place his mattress on the ground.¹⁵. This is the opinion of Sefer Ha-brit, and it is also implied in Sofrim 18:7. Those who find it difficult to sit on the ground may rely on this ruling. Sephardim, as well, may be lenient, in a time of need, starting midday, or half an hour after midday, which is the earliest time one can pray Minḥa.

footnotes: ¹⁵ Some rule that one may sit on a chair immediately after he is finished reciting Kinot

We already learned (above, 9:3) that some have a kabbalistic custom to refrain from sitting on the ground without a piece of cloth or wood between one’s body and the floor (Birkei Yosef 555:8). If the floor is tiled, however, many poskim maintain that there is no need for a separation, even according to Kabbala. Some are meticulous and use a separation even on tiled floors.

Since there is technically no obligation to sit on the ground, one may sit on a small cushion or a low bench, but they should preferably be no higher than a tefaḥ (handbreadth) off the ground. If it is difficult to sit so low, one may be lenient and sit on a chair that is less than three tefaḥim high. If even this is difficult, one may sit on a chair that is slightly higher than three tefaḥim.¹⁶, Year 1, Devarim 20 states that it should be no higher than a tefaḥ. Many are lenient and permit up to three tefaḥim, which is viewed as still attached to the ground (based on the principle of lavud), and Ḥazon Ish permits even more than three tefaḥim. MB 559:11 and SHT *ad loc.*9 permit one to sit on a low bench (which would likely be higher than three tefaḥim) in a time of need. Regarding the kabbalistic custom not to sit directly on the ground, see Kaf Ha-ḥayim 552:39, which states that there is no obligation to use a separation when sitting on tiled floors. However, it is best to be stringent, when possible.

footnotes: ¹⁶ Maharil sat directly on the ground, but since there is no obligation to do so, MA 559:2 allows one to sit on a cushion. Ben Ish Ḥai

Sitting on stairs is considered sitting on the ground, because people step on them (Mekor Ḥayim).

Pregnant women, elderly people, sick people, and those who suffer from back pain – who find it difficult to sit on a low chair – may sit on regular chairs (AHS YD 387:3).

The Laws of Tisha Be-Av / Working

The Sages state: “Anyone who works on Tisha Be-Av will never see any sign of blessing from it” (Ta’anit 30b). The reason for this is that working distracts one from mourning. However, the Sages did not prohibit work on Tisha Be-Av explicitly. Rather, some places had a custom prohibiting it, while other places had a custom permitting it. Thus, the Sages ruled that the local custom determines one’s obligation, which means that one may not work on Tisha Be-Av in a place where it is customary to refrain from working (Pesaḥim 54b). Nowadays, the entire Jewish people have accepted the custom to refrain from working on Tisha Be-Av until midday. It is proper to continue doing so after midday, as well, in order to remain focused on the mourning. Therefore, we work after midday only if there is a great need (see SA and Rema 554:22, 24; MB *ad loc.*49).

The types of work that are prohibited on Tisha Be-Av are those that take time and occupy one’s thoughts, like sewing, mending clothing, repairing furniture, fixing electrical appliances, and commerce. However, tasks that take little time to complete, like lighting or extinguishing a candle, tying or untying a knot, and traveling for a necessary purpose, are permitted, because they do not distract one from mourning.

Writing is also considered work, because it is a distraction, but one may copy over things that are related to Tisha Be-Av.

One may sell food items on Tisha Be-Av, so that people have food for the meal after the fast. At midday, one may begin preparing for the post-fast meal. Some women have a custom to clean the house meticulously after midday, in anticipation of the Messiah, who is supposed to be born on Tisha Be-Av, and one should not denounce their actions (Birkei Yosef 559:7).

A Jew may instruct a non-Jew to do work for him on Tisha Be-Av. However, one may not instruct a non-Jew to do work that is done in public, like building a house or doing business in a store, because it appears disrespectful to the communal mourning (MB 554:46). One may do work on Tisha Be-Av if delaying the task will cause significant monetary loss, similar to the law on Ḥol Ha-mo’ed (SA 554:23).¹⁷ and Rema 554:22. The logic behind this distinction is that when it takes time to execute a task, it distracts one from mourning. This is the criterion that should be used to determine the law in every question in this matter. The Aḥaronim debate whether one may write on Tisha Be-Av, as BHL, s.v. “al,” and Kaf Ha-ḥayim 554:110 demonstrate. My ruling in the main text follows the fundamental principle of the halakha: that it all depends on whether the task causes a distraction from mourning. If one is concerned that he will forget a novel idea that he thought of, he may write it down, in accordance with the law that permits one to do work in a situation of potential loss.

footnotes: ¹⁷ SA implies that the prohibition on working, which is based on custom, applies for the entirety of Tisha Be-Av. The distinction I made between various types of work based on the duration of the task is found in Terumat Ha-deshen

The Laws of Tisha Be-Av / Reading Eikha and Dimming the Lights

We read Eikha after praying Ma’ariv. According to the Ashkenazic Rishonim, we recite a berakha over the reading of Eikha, as it is explained in Sofrim14:3 that we recite berakhotover the reading of all megilot.**Others rule that we only recite a berakhawhen the megillais written on parchment like a Torah scroll, but if it is not written on parchment we do not recite a berakhawhen we read it. Conversely, still others rule that even when a megillais written on parchment we do not recite a berakhawhen we read it, since this berakhais not mentioned in the Talmud (Beit Yosef559:2). Many Aḥaronim ruled this way because of the uncertainty of the matter. In practice, all Sephardim and many Ashkenazim, including all Ḥasidim, read Eikha without reciting a berakha; while some Ashkenazim – especially those who follow the Vilna Gaon’s practices – read it from a kosher parchment scroll and recite a berakha.¹⁸ 14:3 that we recite a berakha over the reading of all the megilot:**Shir Ha-shirim on Pesaḥ, Rut on Shavu’ot, Eikha on Tisha Be-Av, Kohelet on Sukkot, and Esther on Purim. Thus rule the great Ashkanazic Rishonim: Maḥzor Vitri, Hagahot Maimoniyot in the name of Maharam, Or Zaru’a, Shibolei Ha-leket,Maharil, and Ha-manhig. Radbaz and Beit Yosef 559:2 state that people do not customarily recite a berakha. Rema 490:9 states that one should not recite a berakhabecause of the uncertainty involved, and Taz, Pri Megadim, and Ḥok Yaakov concur. In contrast, Levush, Baḥ, and MA 499:9**rule that one should recite a berakha. Those who customarily recite a berakhatake care to read the megillafrom parchment (based on Responsa Rema§35 and MB 490:19). In Peninei Halakha: Festivals2:10 (and Harḥavot ad loc.) this law is explained from the perspective of all the various positions.

footnotes: ¹⁸ It is explained in Sofrim

It is customary to darken the synagogue on the night of Tisha Be-Av, as it says, “He has made me dwell in darkness” (Eikha 3:6). The Midrash (Eikha Rabba 1:1) similarly states that God said to the ministering angels at the time of the destruction of the Temple, “What does a human king do when he is mourning?” They replied, “He extinguishes the lamps.” God said to them, “I will do the same,” as it says, “Sun and moon are darkened” (Yoel 2:10).

Already at the beginning of the night, we turn off some of the lights in the synagogue, and it is proper to do the same at home. The main thing to be meticulous about is to dim the lights for the reading of Eikha, because that is when it was customary to blow out all the candles in the room, except for the few that were needed for reading Eikha (SA 559:3). Now that we use electric lights, some turn off all the lights before the reading and produce the necessary light with candles alone. Others keep a few electric lights on.

The institution to read Eikha with the congregation primarily related to reading it at night, as it says in Eikha 1:2, “Bitterly she weeps in the night” (SA and Rema 559:1-2). However, many people have a custom to read it again during the day, after reciting the Kinot. In a place where the congregation does not read Eikha publicly during the day, it is proper for each individual to read it by himself (MB 559:2).

The Laws of Tisha Be-Av / Aneinu, Naḥem, Birkat Kohanim, and Taḥanun

The laws of reciting Aneinu on Tisha Be-Av are the same as on the other fast days, as explained above (7:10). As we learned, according to Sephardic custom, one should recite Aneinuin the silent Amidathroughout the fast; therefore, on Tisha Be-Av, which begins at night, one should recite it at Ma’ariv, Shaḥarit, and Minḥa. According to Ashkenazic custom, however, the only silent prayer in which it is recited is Minḥa.

The Sages instituted that one should add the Naḥem prayer to the berakha of Boneh Yerushalayim in the Amidawhenever Aneinu is recited. The conclusion of the berakha is changed as well, becoming “menaḥem Tziyon be-vinyan Yerushalayim” (“Who comforts Zion with the rebuilding of Jerusalem”; Sephardic version) or “menaḥem Tziyon u-voneh Yerushalayim” (“Who comforts Zion and rebuilds Jerusalem”; Ashkenazic and North African version).

The text of Naḥem contains phrases that, seemingly, do not apply to modern-day Jerusalem, like: “The city…that grieves for the loss of its children…desolate without inhabitants. She sits with her head covered like a barren childless woman. Legions have devoured her; idolaters have taken possession of her.” However, it is difficult for us to change the formulation that the Sages instituted. In addition, unfortunately, this language can still apply to the Temple Mount. Furthermore, compared to what Jerusalem should be – the capital of the world, “perfect in beauty, joy of all the earth” (Eikha 2:15) – it is indeed considered destroyed and desolate.¹⁹ in its proper place should recite it in the berakha of Avoda, which relates to the Temple service (BHL §557). If one forgets to insert it there as well, he should recite it in Elokai Netzor. And if one remembers only after completing the entire Amida, he should not repeat the Amidain order to recite Naḥem. The custom of North African Jews is to recite Naḥem only at Minḥa, as Ashkenazim do (Tefilat Ha-ḥodesh). R. Mordechai Eliyahu writes in Hilkhot Ḥagim 27:2 that this is the normative Sephardic custom. The custom of the kabbalists of Yeshivat Ha-mekubalim (“Beit El”) is to recite Naḥem even at Shaḥarit.

footnotes: ¹⁹ One who forgets to recite Naḥem

One does not recite Taḥanun on Tisha Be-Av or at Minḥa on the eve of Tisha Be-Av, because Tisha Be-Av is called a mo’ed, as it says, “He has proclaimed a set time**against me” (Eikha 1:15). The word “mo’ed” means “a set time” but is also used to mean “holiday.” In other words, if we are worthy, it will be a holiday; if not, it will be a set time of mourning (SA 559:4).

Where the Kohanim recite Birkat Kohanimdaily at Shaḥarit, the custom of some congregations is that they do not do so on Tisha Be-Av, as it says, “And when you lift up your hands, I will turn My eyes away from you” (Yeshayahu 1:15). This is similar to the halakha that a Kohen who is in mourning does not recite Birkat Kohanim, because he is forlorn and therefore unable to bless the congregants with peace. Most Ashkenazim and some Sephardim follow this custom. In other communities where Birkat Kohanimis generally recited, the Kohanim do recite it at Shaḥarit on Tisha Be-Av; this is the custom of the kabbalists of Jerusalem. Each community should continue following its own custom. According to all customs, in communities where Birkat Kohanimis recited daily, the Kohanim recite it at Minḥa on Tisha Be-Av, when the congregation prays Minḥain the late afternoon (see above 7:12).

On Tisha Be-Av, we pray like mourners do – patiently, in a soft voice, and without elaborate melodies (Rema 559:1).

The Laws of Tisha Be-Av / Removing the Curtain from the Ark; Talit and Tefilin

We remove the curtain from the synagogue’s ark prior to Ma’ariv, as it says, “The Lord has done what He purposed, has carried out the decree (bitza emrato)” (Eikha 2:17). Using a play on words, the Sages interpret the phrase bitza emratoto mean that God, as it were, tore His garment. This expresses the depths to which we have sunk since the Temple was destroyed (Rema 559:2). We return the curtain to its proper place before Minḥa (Kaf Ha-ḥayim 559:19). Many have a custom not to wear a talitor tefilin at Shaḥarit. Just as God, as it were, tore His garment, we too refrain from wearing a talit. And just as the verse states, “He has cast down from heaven to earth the majesty of Israel” (Eikha 2:1), which refers to God’s tefilin, so too we refrain from crowning ourselves with tefilin. However, since most Rishonim maintain that the mitzva of wearing tefilin applies on Tisha Be-Av as it does on all other days, we wear a talit and tefilin at Minḥa.

We refrain from these mitzvot at Shaḥarit because that is when our mourning and pain reach their peak, with the recitation of the Kinot. By the time we pray Minḥa, however, we can already accept some consolation. Shulḥan Arukh rules that we follow this practice (555:1), and all Ashkenazic communities, as well as many Sephardic communities, follow it. However, one should wear his talit katan (tzitzit)**from the beginning of the day as usual. Since it is uncertain whether one should recite a berakha when putting on tzitzit on the morning of Tisha Be-Av, it is preferable to sleep in one’s tzitzit on the night of Tisha Be-Av. This way, one will not be obligated to recite the berakha in the morning. Only before Minḥa should one recite the berakha, upon wrapping himself in his talit.

Some are careful not to recite Shema without wearing a talit and tefilin, so they put them on at home before Shaḥarit, recite Shema, and then go to pray with the congregation without wearing a talit and tefilin. Some Sephardic communities have the custom to wear a talit and tefilin at Shaḥarit, as usual. Each community should continue following its custom.²⁰ on Tisha Be-Av, just like a mourner does not wear tefilin on his first day of mourning. Others maintain that although there is no obligation to wear tefilin on Tisha Be-Av, there is also no prohibition to do so. Me’iri quotes this in the name of “a few sages,” and Magid Mishneh explains that this is Rambam’s opinion (regarding the tefilinworn on the head). Ramban, Rashba, Rosh, and most Rishonim maintain that one must wear tefilin on Tisha Be-Av. The prevalent custom, as cited in SA 555:1, is not to wear them until Minḥa. Similarly, Maharam of Rothenburg and other Rishonim are quoted as saying that at Shaḥarit one should act as if it is the first day of one’s personal mourning and refrain from wearing tefilin. However, after Minḥa time, one must put on his tefilin, as if it is an ordinary day. Many great Sephardic sages, as well as a few Ashkenazic sages, took care to wear their talit and tefilin before Shaḥarit, in order to recite the Shema in the optimal way; afterward, they would go to the synagogue and pray with the congregation without wearing a talit and tefilin. This was the practice of Maharam Galanti. Some suggested that everyone should adopt this practice, including Ben Ish Ḥai, Year 1, Devarim 25 and R. Ḥayim Palachi. Some communities prayed together while wearing their talitot and tefilin. Knesset Ha-gedola states that this was the custom in Salonica, and Shulḥan Gavo’ah attests that this was the custom in Izmir. The kabbalists of Yeshivat Ha-mekubalim (“Beit El”) in Jerusalem also followed this custom, as cited in Kaf Ha-ḥayim 555:4. If one’s father’s custom is to wear tefilin at Shaḥarit in the synagogue, and he himself prays in a congregation where they do not wear tefilin, he should put on tefilin at home, recite Shema, and then join the congregation at the synagogue without wearing tefilin.

footnotes: ²⁰ According to Raavad, one should not wear tefilin

The Laws of Tisha Be-Av / Torah Verses in the Prayers and in the Berakha of She-asa Li Kol Tzorki

Most of the passages recited in the Korbanot section were included in the regular prayer service for two reasons: 1) to substitute for the actual offerings and as a preparation for prayer; and 2) so that every Jew studies a bit of Torah each day from Scripture, Mishna, and Talmud. Consequently, on Tisha Be-Av, when one may not study Torah, the question arises: May one recite these passages? Many poskim maintain that the main purpose of any part of our liturgy is simply to serve as prayer. Therefore, one may recite any liturgical passages on Tisha Be-Av. Sephardim, as well as some Ashkenazim, follow this viewpoint in practice. Others maintain that on Tisha Be-Av one may recite only what he recites on a regular basis in his prayers. He should not, however, recite passages that he does not usually recite in Korbanot.²¹ of R. Yishmael. AHS 554:6 concurs. Rema 559:4 writes that one should not recite Pitum Ha-ketoret. See Hilkhot Ḥag Be-ḥag 7:44, which explains that Rema is referring to the Pitum Ha-ketoret at the end of Shaḥarit, since not everyone recites it. MB 554:7, however, implies that Rema is referring to the Pitum Ha-ketoret recited before the prayer service. Either way, it seems from MB that, as a rule, whatever one regularly recites in their daily prayers may be recited on Tisha Be-Av. This is the second opinion I recorded in the main text.

footnotes: ²¹ SA 554:3 states that one may recite the entire daily liturgy, including the midrash

Some people recite several chapters of Tehilim every day, such that they complete the entire book every month. Some maintain that one may recite these daily chapters on Tisha Be-Av after midday. Others maintain that it is better to postpone reciting these chapters until after Tisha Be-Av (MB 554:7, Kaf Ha-ḥayim 554:20).²² permits reciting on Tisha Be-Av the section of the weekly parasha designated for that day, in order to fulfill the rabbinic requirement of shnayim mikra ve-eḥad targum. Some rely on this opinion, including Chabad Ḥasidim, who recite sections of “Ḥitat”**(Ḥumash, Tehilim, and Tanya) daily. However, the vast majority of Aḥaronim do not accept this viewpoint, as explained in SHT 554:11. Similarly, one should not read the daily portion of Ḥok Le-Yisrael or Ma’amadot, as Birkei Yosef 554:5 and MB 554:7 state. One may recite Tehilim on behalf of a sick person even before midday, because it is for a special need (Divrei Malkiel 6:9; Torat Ha-mo’adim 8:19, end of note).

footnotes: ²² Taz

One of the morning blessings**is the berakhaof She-asa li Kol Tzorki, which expresses gratitude to God for providing us with shoes to wear. Even though one may not wear high-quality shoes on Tisha Be-Av and Yom Kippur, Ashkenazim and some Sephardim recite the berakha, because it is a general expression of thanksgiving for the normal way of the world, not for the shoes one wears on any particular day. Moreover, one may wear low-quality shoes on these days. Furthermore, we put on regular shoes after the fast is over, and some say that the Birkhot Ha-shaḥarapply to the night as well. According to Arizal, however, one should not recite this berakha on these days, and most Sephardim follow this position.²³(OḤ 613) maintain that one should recite She-asa li Kol Tzorki on Yom Kippur, and MB 554:31 concurs. According to Rambam, however, one should not recite the berakha, because he maintains that if one does not derive pleasure from something, he does not recite a berakha on it, as Beit Yosef, OḤ 613 explains. The Vilna Gaon followed this custom as well, but he would recite the berakha after the fast, upon putting on his regular shoes (Ma’aseh Rav §9). In general, Arizal’s custom was to recite berakhot even on things that do not provide pleasure (see Peninei Halakha: Prayer 9:3), but he ruled that one should not recite this berakha on fast days, and his adherents follow this practice, as quoted in Kaf Ha-ḥayim 46:17. Rav Pe’alim 2:8 states that one should not recite the berakha even after the fast ends. See Torat Ha-mo’adim 10:14, which mentions the accepted Sephardic ruling not to recite the berakha on fast days, but adds that those who do recite it have authorities to rely on, and that R. Ovadia Yosef (the author’s father) recites the berakha.

footnotes: ²³ Rosh, Ran, and Tur

On the night of Tisha Be-Av, one may recite all the passages of the bedtime Shema, because one recites the verses in these passages as prayer, not as Torah study.

The Laws of Tisha Be-Av / The Laws of the Tenth of Av

The Babylonians conquered the Temple on the seventh of Av and set it ablaze toward evening on the ninth of the month, and it continued burning throughout the tenth. R. Yoḥanan commented that had he been alive at the time, he would have established the fast on the tenth of Av, because most of the Temple burned on that day. Some Amora’im adopted a stringency to fast on both the ninth and the tenth of Av. However, the prophets and the Sages established the fast on the ninth of Av, because the beginning of any calamity is more severe than its continuation, and the calamity of the Temple’s destruction began on the ninth of Av (Ta’anit 29a, y. Ta’anit 4:6).

Nonetheless, since the majority of the Temple actually burned on the tenth of Av, the Jewish people refrained from eating meat and drinking wine on that date: the whole day according to Sephardic custom, and until midday according to Ashkenazic custom (SA and Rema 558:1).

Most Aḥaronim maintain that, in addition to abstaining from meat and wine, one may not do laundry or wear freshly laundered clothes, get a haircut, listen to happy music, or bathe in hot water on the tenth of Av. However, one may wash with lukewarm water. Some rule leniently, maintaining that one must only abstain from meat and wine, but may bathe, get a haircut, and do laundry without restriction. Ideally, one should follow the more stringent opinion, but one may be lenient under pressing circumstances.²⁴, MA, Eliya Rabba, and others. Many people believe that Ashkenazim are stringent in this regard while Sephardim are lenient, but this is not borne out in the Aḥaronim. Many Sephardic poskim prohibit washing clothes, bathing, and cutting one’s hair on the tenth of Av, including: Ḥida (Maḥzik Berakha 558:1); R. Ḥayim Palachi (Mo’ed Le-khol Ḥai 10:92); and Kaf Ha-ḥayim 558:6. Knesset Ha-gedola (Hagahot Tur §558), Ma’amar Mordechai, and Yeḥaveh Da’at5:41 rule leniently. BHL states that one may rely on the lenient opinion under pressing circumstances, a view that is shared by most poskim. R. Mordechai Eliyahu rules stringently (Hilkhot Ḥagim 29:3-4), adding that one who is stringent regarding all of the prohibitions for the entirety of the tenth of Av should be commended. Kaf Ha-ḥayim 558:10 concurs. In general, the status of the tenth of Av is like that of the Nine Days according to Ashkenazic custom, albeit slightly more lenient. During the Nine Days, it is customary to limit the number of people one invites to a se’udat mitzva in which meat and wine are served. On the tenth of Av, however, we make no such limitations (MB 558:2). Some Ḥasidim have a custom to make a siyum on the night after Tisha Be-Av, because joy is hidden in the day’s inner essence, since the redemption begins then. The poskim also allow one to eat food that was cooked with meat – thus lending it the taste of meat – after the fast (BHL 558:2). It is proper to refrain from sexual relations on the night of the tenth of Av. However, if the wife went to the mikveh that night, or if either the husband or wife is going on a long trip the next day, they should not abstain from sexual relations (MB 558:2, Kaf Ha-ḥayim 558:7).

footnotes: ²⁴ Those who rule stringently include Maharshal, Baḥ

Another prevalent custom is to refrain from reciting She-heḥeyanu on the tenth of Av, like during the Three Weeks (Ḥida, Kaf Ha-ḥayim 558:8; see above 8:7-8).

When the tenth of Av falls on a Friday, one may get a haircut, do laundry, and bathe in preparation for Shabbat, starting from the morning. If one is pressed for time, he may even start preparing for Shabbat immediately after Tisha Be-Av ends (MB 558:3; AHS 558:2; in the next section, we will explain the laws of the night after the fast when Tisha Be-Av is postponed).

It is customary to postpone Birkat Ha-levana until after Tisha Be-Av, because the berakha must be recited joyously, and we curtail our joy during the Nine Days. Many people recite it immediately after Ma’ariv at the conclusion of the fast, but ideally it is improper to do so. After all, it is difficult to be happy then, when one has yet to drink, eat, wash his face and hands, or put on regular shoes. Therefore, each community should set a time – about an hour or two after the fast – for reciting Birkat Ha-levana, and in the meantime everyone will have a chance to eat and wash themselves somewhat. This way, they will be able to recite the berakha joyously. Where there is concern that postponing Birkat Ha-levana may cause some people to forget to recite it, the congregation may recite it immediately after the fast, but it is best to take a drink and wash one’s face beforehand.²⁵ above, 1:16. According to Maharil, Birkat Ha-levana should be postponed to another day. Rema 426:2 states that if Tisha Be-Av falls out on a Thursday, Birkat Ha-levana should be postponed to Motza’ei Shabbat, but if the fast falls out on any other day, the berakha should be recited the next night. However, most Aḥaronim write that one should not delay the mitzva. Rather, one must recite Birkat Ha-levana immediately after Tisha Be-Av. Knesset Ha-gedola, Pri Ḥadash, Ḥida, Ḥayei Adam, and MB 426:11 all concur. Some add another reason: We are somewhat happy on the night after Tisha Be-Av, because according to our tradition, the Messiah is born on Tisha Be-Av; therefore, it is fitting to recite Birkat Ha-levanathen. Nonetheless, MB and other Aḥaronim write that it is proper to eat and put on regular shoes before reciting the berakha. See above, 1:16.

footnotes: ²⁵ We already mentioned this halakha

The Laws of Tisha Be-Av / When Tisha Be-Av Falls Out on Shabbat and is Postponed

When the ninth of Av falls out on Shabbat, the fast is postponed to Sunday. On that Shabbat, we show no signs of mourning. Rather, we eat and drink like we do on any other Shabbat; one may even serve a meal as lavish as that of King Shlomo in his time (see above 9:4).²⁶40 states – based on Shlah and MA – that on the night when a woman has immersed in a mikveh, when it is a mitzva to engage in sexual relations, even those who usually follow Rema’s rulings rely on SA’s opinion.

footnotes: ²⁶ SA 554:19 states that when the ninth of Av coincides with Shabbat, one may engage in all the activities that are ordinarily prohibited on Tisha Be-Av, including sexual relations. Rema, however, rules that one should refrain from sexual relations, since acts of private mourning remain prohibited on that Shabbat, and refraining from these activities does not diminish the honor of Shabbat. MB ad loc.

As we learned above (section 4), pregnant and nursing women must fast on Tisha Be-Av. If the fast was postponed, however, the law is more lenient: if they feel slightly weak or if they experience some type of pain, they are exempt from fasting, even though they are not actually sick (BHL 559:9, s.v. “ve-eino”; Kaf Ha-ḥayim 559:75).

The main participants at a brit mila must fast on Tisha Be-Av. However, the law is more lenient when the ninth of Av falls out on Shabbat and the fast is postponed to Sunday. According to most poskim, the main participants at a brit milamay pray Minḥa after midday, perform the circumcision immediately afterward, and then eat and drink. Some poskim rule stringently on the matter. In practice, the prevalent custom is to perform the brit mila toward the end of the fast and schedule the meal for after tzeit ha-kokhavim.²⁷to eat and drink on a postponed fast day, and most poskimconcur, including MB and Torat Ha-mo’adim2:5. However, other poskim, such as MA 559:11, rule stringently; also see Kaf Ha-ḥayim 559:74. Many communities follow this stringent position in practice. Knesset Ha-gedola states that the Jews of Turkey were stringent in this regard; Shulḥan Gavo’ah states that this was also the custom in Salonica; and Responsa Pe’ulat Tzadik 3:147 states that this was the custom in Yemen as well. AHS 559:9 states: “We have never seen or heard of anyone” scheduling a meal on a postponed Tisha Be-Av, or even on one of the minor fasts that was postponed. (Yeḥaveh Da’at 3:40 rules leniently regarding pregnant and nursing women when the fast is postponed, even if the woman feels no discomfort at all.)

footnotes: ²⁷ SA 559:8 rules leniently and permits the main participants in the brit mila

When the ninth of Av falls out on Shabbat and the fast is postponed to Sunday, the tenth of Av, the customs of mourning do not continue after the fast ends. Thus, one may get a haircut, do laundry, and bathe in hot water immediately after tzeit. However, many authorities maintain that one should refrain from eating meat and drinking wine that night. Since everyone fasted during the day, it is improper to rejoice immediately by consuming meat and wine (Rema 558:1, MB *ad loc.*4-5, Hilkhot Ḥagim 29:9). Others are lenient and permit eating meat and drinking wine immediately once the fast ends (R. Ḥayim Vital, Pri Ḥadash, Torat Ha-mo’adim 11:8).

The Laws of Tisha Be-Av / Minors

It is a mitzva to educate our children to observe the mitzvot relating to Tisha Be-Av and mourning over the destruction of the Temple, just as we teach them about all other mitzvot. Since children are weak, however, we cannot train them to fast. From the age of nine, we train them to fast for a few hours, depending on their strength. They should not fast the entire day (Responsa Rema Mi-Fano §111; see Kaf Ha-ḥayim 554:23). When feeding children on Tisha Be-Av, one should give them only simple foods, in order to teach them to join with the community in mourning (MB 550:5).

Many people teach their children who have the appropriate age – around six years old – not to eat or drink on the night of the fast.

Once children reach the age**when they begin to understand the story of the destruction of the Temple and the concept of mourning over it – at about age six – we teach them not to wear shoes that people would normally wear when walking on rocky ground. We also teach them not to apply ointments or bathe for pleasure. Some are stringent with regard to wearing shoes even from the age of two or three. Even though children at this age do not understand the concept of mourning, the inclusion of even our children – if only to a certain extent – in our mourning nonetheless serves to express our anguish over the destruction of the Temple.²⁸ 69:2, 73:3 rules this way as well. Ḥokhmat Adam 152:17 states that one does not need to train children on Tisha Be-Av, even with regard to wearing shoes, because we educate children to observe these laws only on Yom Kippur. On Tisha Be-Av and in cases of personal mourning, however, there is no need to do so if it entails even a small degree of pain. MA 551:38, however, asserts that we educate children to keep the laws of public mourning. MB 551:81 concurs, adding that there are two reasons why adults may not cut children’s hair during the Nine Days: 1) for educational purposes – accordingly, the prohibition starts at age six; and 2) to generate feelings of sorrow among the adults – in which case the prohibition starts even before then. (Piskei Teshuvot 554:15 concludes that, either way, everyone agrees that there is no need to be stringent before the age of two or three.)

footnotes: ²⁸ SA 616:1 rules that on Yom Kippur, minors must observe only the prohibition against wearing shoes, because doing so does not cause that much pain, while we may wash and anoint them. However, the reason for this leniency is that people used to wash and anoint young children in order to help them grow. Today, though, when we do not follow this practice, it seems that one may not wash and anoint minors just as we may not allow them to wear shoes. Nit’ei Gavriel

Just as adults may not study Torah on Tisha Be-Av, because it brings one joy, and one may only study sad topics related to the destruction of the Temple and the laws of mourning (above, section 10), so too with regard to teaching children: adults may only teach children topics related to the destruction of the Temple and mourning. Some maintain that adults may not teach children even topics and laws related to the destruction of the Temple, because adults feel joy when they teach children. According to these authorities, the only way one may teach children Torah on Tisha Be-Av is by telling them the story of the Temple’s destruction (MB 554:2; see Kaf Ha-ḥayim 554:8). Since these two opinions are equally represented, every person may choose the opinion he wants to follow. Everyone agrees, however, that a minor may learn, on his own, whatever an adult may learn.²⁹, Taz, and others assert that children who understand what they learn may study sorrowful topics. When the Sages stated that one may not teach children, they were referring to teaching them their regular course of study. MA maintains that an adult should not teach children even sad topics, but one may tell them stories about the destruction of the Temple.

footnotes: ²⁹ Baḥ