Tisha B'Av
[1] (Halacha 337)
Learning Torah on Tisha B'Av
Question: Why is there a restriction on learning Torah on Tisha B'Av?
Answer: The Gemara in Maseches Taanis1 says: 'Our Rabbis taught: All the mitzvos that apply to a mourner apply on Tisha B'Av: it is forbidden to eat and drink, to anoint, to wear shoes, and marital relations; and it is forbidden to read in the Torah, Nevi'im and Kesuvim, and to study Mishnah, Talmud, Midrash, halachos and aggados. But one may read in a place he is not accustomed to read, and study in a place he is not accustomed to study, and one reads Kinos, Iyov, and the calamitous passages in Yirmiyahu. And schoolchildren are idle, because it is said2 "פקודי ה' ישרים משמחי לב" ("The precepts of Hashem are upright, gladdening the heart")'.
And Rashi explained: 'And it is forbidden to read in the Torah etc. — for it is written of them "משמחי לב" ("gladdening the heart")'.
However, the Maharsha in Chiddushei Aggados wrote on Rashi's words: 'Were it not for his explanation, it would appear that they did not touch on it because of joy, for the verse "משמחי לב" ("gladdening the heart") is brought only in the latter clause regarding schoolchildren; but for all other people there is a different reason — so that he not forget the mourning of the day; and other activities too are forbidden for this reason; and it was stated as a novelty, that even learning Torah is forbidden on it; but regarding schoolchildren it was derived from a verse that it is forbidden at least because of joy'.
And as halacha, the Mechaber in the Shulchan Aruch3 ruled: 'And it is forbidden to read in the Torah, Nevi'im and Kesuvim, and to study Mishnah, Midrash and Gemara, halachos and aggados, because it is said "פקודי ה' ישרים משמחי לב" ("The precepts of Hashem are upright, gladdening the heart"), and schoolchildren are idle on it; but one may read Iyov and the calamitous passages in Yirmiyahu; and if there are verses of consolation among them, he must skip them'. And it is permitted to learn Midrash Eichah and the chapter Eilu Megalchin, and likewise to learn a commentary on Eichah and a commentary on Iyov. There is one who forbids learning by way of thought'.
The obligation of learning Torah
Question: Is there an obligation to learn Torah on Tisha B'Av?
Answer: The Shibbolei HaLeket4 writes: 'And there are Geonim of blessed memory who say that one does not recite Birchas HaTorah, since one is forbidden in words of Torah and the batei midrash are idle; but to me it appears that this requires examination, for he is permitted to read in the Torah, in Iyov, in Kinos and in the calamitous passages in Yirmiyahu; therefore he recites Birchas HaTorah and reads only the parshah of the Tamid'.
The Acharonim5 discussed the words of the Shibbolei HaLeket. Some understood the words of the Geonim to mean that they too essentially permit learning the calamitous passages, and nevertheless one does not recite Birchas HaTorah, since there is no obligation of Torah study on this day. And some derived from the words of the Shibbolei HaLeket himself, who holds that one does recite the bracha, that there is an obligation to learn and not merely a permission [for on a mere permission he would not have needed to recite a bracha]; on the other hand, some disputed this [either because they explain that he held that one may recite a bracha even on a permission, or that the bracha is on account of reading in the Torah and the like, which requires a bracha].
And as halacha, some of the Acharonim6 wrote that on Tisha B'Av there is no obligation of Torah study, but only a permission to learn the calamitous passages, as written in Shevet Yehudah (Ayash)7 regarding mourning: 'It appears that it is permitted, and it is stated as a permission, so that if he does not wish to learn at all, even the calamitous passages, he may .. since they said that he is exempt from Torah study, it implies that he is exempt entirely'.
However, many of the Acharonim8 wrote that there is an obligation to learn on Tisha B'Av as well, except that one should learn the calamitous passages and the like, as written in Shu"t Chacham Tzvi9 regarding a mourner learning Mishnayos on Yom Tov: 'We forbid a mourner words of Torah only during the rest of the days of the year, for if he does not occupy himself with matters that gladden, he can occupy himself with the calamitous passages in Yirmiyahu, Iyov, Kinos, the halachos of mourning and the like; but on the Yom Tov, when it is certainly not proper to occupy himself with the aforementioned matters, it is not proper to sit idle from words of Torah'. And from his words it is implied that there is an obligation to learn, except that since it is possible to learn the calamitous passages, it is forbidden to learn other matters.
And so writes the Sdei Chemed10: 'For they did not forbid every kind of learning, and one can fulfill the mitzvah of Torah study by learning the calamitous passages, both on Tisha B'Av and when in mourning; and the whole intent of our Sages in this is that one not divert his mind from the mourning — this, in my humble opinion, is simple'.
And so too the Rebbe writes11: 'Even on Tisha B'Av one is obligated to learn Torah at every single moment, except that the learning is in the parts of the Torah appropriate to this day'.
Thus, in practice, there is an obligation of Torah study on Tisha B'Av, and one recites Birchas HaTorah over it, except that the learning must be in matters that do not gladden and do not cause a diversion of the mind from the mourning.
Notes:
1 30a ↩
2 Tehillim 19:9 ↩
3 Orach Chaim, siman 554, se'ifim 1 - 3 ↩
4 Seder Taanis, siman 269 ↩
5 See Shu"t Yabia Omer, vol. 2, Yoreh De'ah, siman 27. Yalkut Yosef, Hilchos Tisha B'Av, din 8, note 36. Nitei Gavriel, Bein HaMetzarim, vol. 2, the responsa at the end of the sefer, siman 17 ↩
6 Halichos Shlomo, Tisha B'Av, p. 439 ↩
7 Siman 384, se'if 4 ↩
8 See Yalkut Yosef, Hilchos Tisha B'Av, se'if 8, and the sources cited there, note 36. Nitei Gavriel, Bein HaMetzarim (second edition), vol. 2, siman 75, note 17. (And he retracted what he wrote in his first edition) ↩
9 Siman 100 ↩
10 Asifas Dinim, Maareches Bein HaMetzarim, siman 2, os 12 ↩
11 Sefer HaSichos 5750, vol. 2, p. 574 ↩
[2] (Halacha 338)
Question: Is there a restriction on eating on the 10th of Av?
Answer: The Gemara in Maseches Taanis1 says: 'And it was taught: It is impossible to say on the seventh — for it already says on the tenth; and it is impossible to say on the tenth — for it already says on the seventh. How so? On the seventh the gentiles entered the Heichal, and they ate and defiled it on the seventh and eighth, and on the ninth, close to nightfall, they set it on fire, and it continued burning all that entire day, as it is said "אוי לנו כי פנה היום כי ינטו צללי ערב" ("Woe to us, for the day has waned, for the shadows of evening are lengthening"). And this is what Rabbi Yochanan said: Had I been in that generation, I would have established it only on the tenth, because most of the Heichal was burned on it. And the Rabbis: the beginning of the calamity takes precedence'.
And the Machzor Vitry writes2 : 'And some abstain from meat and wine on this night too, after the fast, because of the anguish of the heart and the severity of the fast. And furthermore, Rabban Yochanan ben Zakkai said: Had I been there, I would have established it on the tenth, for the main burning occurred on it — since toward evening they set it on fire, and it burned the night of the tenth and its day. They said to him: The beginning of the calamity, at any rate, was on the ninth'.
Thus we find that there are two reasons for not eating meat on Motzei Tisha B'Av: either because of the severity and stringency of the fast [and accordingly, even when the fast is postponed, one should not eat meat on the night after the fast], or because the tenth of Av also would have been fitting to be a fast [and accordingly there is reason to forbid it on the following day as well].
And we find among the Rishonim different minhogim3 regarding the minhag of abstaining from meat and wine, as follows:
Some wrote that this minhag lasts until the end of the tenth day, as the Raavyah writes4: 'And in any case it is a proper minhag not to eat meat on the night of the tenth and its day, because of mourning, and not to drink wine, but other things to restore the soul'. And so writes the Tur5: 'And in any case it is a proper minhag not to eat meat on the night of the 10th and the day of the 10th, only to restore the soul, so that it be close to affliction6'.
And some had the custom not to eat on the tenth day until after Mincha, as written in Leket Yosher7: 'And on the night after Tisha B'Av he does not eat meat, nor all of the tenth day until after Mincha'. And so it appears in the Agudah, which writes8: 'And it is good not to eat meat until the tenth of Av from Mincha onward, for Rabbi Yochanan ben Zakkai said: Had I been there, I would have established it on the tenth'.
And some had the custom until midday of the tenth day, as written in the Hagahos Maimoniyos9: 'There are people who abstain from meat and wine until midday of the tenth'.
And some had the custom to refrain only on the night of the tenth, as the Abudirham writes10 after bringing the Gemara about the tenth of Av: 'And therefore the Rosh was accustomed not to eat meat on the night of the tenth'. And so writes the Shibbolei HaLeket11: 'There are individuals who are accustomed not to eat meat on the night of Motzei Tisha B'Av, and so I found that Rabbeinu Meshulam of blessed memory conducted himself all his days. And there are those who do not eat at all on the night of Motzei Tisha B'Av until the morning'.
However, there are those who did not follow this minhag at all, and permitted meat and wine immediately at the conclusion of the fast, as written in Sefer Minhogei Maharil12 in a gloss: 'And we are accustomed to the prohibition of meat and wine from Rosh Chodesh until Motzei Tisha B'Av'.
And as halacha, the Mechaber and the Rema disagreed on this. The Mechaber13 writes: 'On Tisha B'Av toward evening they set fire to the Heichal, and it burned until sunset on the tenth day; and therefore it is a proper minhag not to eat meat and not to drink wine on the night of the tenth and the day of the tenth'.
However, the Rema writes in a gloss: 'And some are stringent until midday and no more'. (Hagahos Maimoni); if Tisha B'Av falls on Shabbos and is postponed to Sunday, it is permitted to eat meat and wine on Monday, but at night it is forbidden because of the mourning of the day (Maharil)'.
Thus, in practice, according to our minhag the prohibition of eating meat and drinking wine is only until midday. [However, according to the minhag of the Sephardim, who follow the view of the Shulchan Aruch, eating meat and drinking wine should be forbidden throughout the entire tenth of Av as well (though it is permitted to taste the cooked dishes for the needs of Shabbos14)].
Notes:
1 29a ↩
2 Siman 266, and so it is in Siddur Rashi, siman 408 ↩
3 It should be noted that some had the custom not to eat meat until Shabbos Nachamu; see what is cited in the Bach, siman 551, se'if katan 10, and in the Taz, siman 551, se'if katan 10 ↩
4 Vol. 3, Hilchos Taanis, siman 886 ↩
5 Orach Chaim, siman 558 ↩
6 And the Bach writes: 'It appears that he means that even other foods one should eat only to restore the soul, but it does not refer to eating meat, for meat one should not eat at all'. And so writes the Levush there, se'if 1: 'In any case a person should not indulge himself on the tenth day'. (And see also Yosef Ometz, vol. 1, siman 887: 'And all the more so if Tisha B'Av is not postponed, for then one who minimizes eating [on Motzei Tisha B'Av] as much as he can is praiseworthy. [And in Totzaos Chaim he wrote to eat only fruit and bread]).' However, the Taz in se'if katan 1 writes: 'And it appears that the author of the Shulchan Aruch did not mean to be stringent regarding other foods, to minimize them, for even an abundance of them is not joy, since there is no joy without meat; rather, this is what the Tur means: one should not eat meat, which gladdens, but rather eat other foods, which serve only to restore the soul'. And in line with the Taz's explanation, so it also appears in the source of the Tur's words, in the Raavyah: 'not to eat meat .. but other things to restore the soul' ↩
7 Hilchos Bein HaMetzarim ↩
8 Maseches Taanis, ch. 4, siman 23 ↩
9 Constantinople edition - Hilchos Taaniyos, ch. 5, halacha 3, cited in the Beis Yosef in this siman ↩
10 Seder Tefillas HaTaaniyos ↩
11 Seder Taanis, siman 274 ↩
12 Hilchos 17 Tammuz and Tisha B'Av ↩
13 Shulchan Aruch, Orach Chaim, siman 558, se'if 1 ↩
14 Chazon Ovadiah, Arba Taaniyos, p. 419 ↩
[3] (Halacha 603)
Question: Why is Tachanun not said at Mincha of Erev Tisha B'Av, and on Tisha B'Av?
Answer: The Raavyah writes1: 'And if Tisha B'Av falls on Motzei Shabbos, Tzidkas'cha Tzedek is not said, because it is called a mo'ed, just as when Rosh Chodesh falls on Sunday or on Shabbos, when it is not said .. and one does not fall in Tachanun, since it is called a mo'ed2'.
And so it is written in his name in the Ohr Zarua3: 'Rav Amram Gaon wrote that on the day of Tisha B'Av one recites Selichos and Aneinu as on other fast days, and such is the minhag in the two Yeshivos; but my teacher, Rabbeinu Avi HaEzri, held as our minhag: just as there is no Tachanun on it, nor Vehu Rachum when it falls on Thursday, because it is called a mo'ed, so too we do not recite Selichos'.
And so writes the Rokeach4: 'And always, on Tisha B'Av one does not fall in Tachanun, neither at Yotzer nor at Maariv, because it is called a mo'ed'. And so write several more of the Rishonim5.
On the other hand, the Shibbolei HaLeket6 writes: 'On Tisha B'Av at Shacharis they do not fall on their faces, since it is called a mourner, as it is written "שישו אתה משוש כל המתאבלין עליה" ("Rejoice with her in joy, all who mourn for her"), and mourning is compared to a festival, as it is written "והפכתי חגיכם לאבל" ("And I will turn your festivals into mourning"). But at Mincha, since it is a time of consolation, they fall on their faces; and likewise at the Mincha preceding it they fall on their faces, for one does not bring the calamity forward'.
However, according to the reason of the Raavyah, that Tachanun is not said because it is called a mo'ed, Tachanun is not said on Erev Tisha B'Av either.
And see an additional reason in the Rokeach7: 'On Tisha B'Av at Shacharis they do not fall on their faces, on account of "סכות בענן לך מעבור תפלה" ("You have covered Yourself with a cloud, that no tefillah may pass through"), "שתם תפלתי" ("He has shut out my tefillah")'8.
And in practice, the Mechaber9 writes regarding Mincha of Erev Tisha B'Av: 'Tachanun is not said on Erev Tisha B'Av at Mincha, because it is called a mo'ed; and if it is Shabbos, Tzidkas'cha is not said'. And so he writes regarding Tisha B'Av itself10: 'Tachanun is not said on Tisha B'Av, and they do not fall on their faces, because it is called a mo'ed'.
In the Siddur of the Alter Rebbe, before Lamnatzeach Ya'ancha, in the list of days on which Tachanun is not said, he writes: 'and Tisha B'Av'; but further on, in the list of days before which Tachanun is not said at Mincha either, he did not mention Erev Tisha B'Av11. [On the other hand, at the end of his words, in the list of days on whose preceding afternoon Tachanun is said, he also did not mention Erev Tisha B'Av].
And the Shiyarei Knesses HaGedolah writes12: 'And one must strain to say that the Radah holds that the reason Tachanun and nefilas apayim are not said on Tisha B'Av at Shacharis is not because it is called a mo'ed, but because Kinos are said, and they are like mourners and those under rebuke; it is not fitting to ask for supplications and to fall on their faces, so as not to strengthen the attribute of judgment, as is the reason regarding a mourner. But at the time of Mincha, when they do not conduct themselves as mourners and those under rebuke, since words of consolation are said according to the view of the Radah of blessed memory, they should say Tachanun and fall on their faces. And this requires examination'.
And Mahari Molcho in Shulchan Gavoah13 writes: 'And since Tisha B'Av is called a mo'ed, we should not have recited lamentations, by a kal vachomer from a fresh mourning; one may say that they did not say so, that Tachanun is not to be said, except to make some distinction, that on that day Moshiach was born, as our Sages of blessed memory said, so that one should not despair over the calamities; but regarding Kinos, one continues lamenting'.
We have seen the different reasons the Rishonim wrote for not saying Tachanun on Tisha B'Av. In the next halacha we will see an explanation of the reason that Tisha B'Av is called a mo'ed.
Notes:
1 Vol. 3, Hilchos Taanis, siman 890 ↩
2 In Shu"t Chelkas Yaakov, Inyanim Shonim, siman 28:2: 'As for what he asked regarding what is stated in siman 552, se'if 12, that Tachanun is not said on Erev Tisha B'Av at Mincha because it is called a mo'ed — he asked from what is stated in Pesachim 72 and Taanis 28, where Abaye said that Tammuz of that year was made full, as it is written "קרא עלי מועד" ("He proclaimed a set time against me"), and this refers to Rosh Chodesh, which is called a mo'ed, as Rashi explains there that a day was added to Rosh Chodesh and this is called a mo'ed; so from where do we know that Tisha B'Av itself is called a mo'ed? Also in the Tur, siman 559, and in the Rokeach, siman 303, it is explained so: Tzidkas'cha Tzedek is not said, and one does not fall on Tisha B'Av, because Tisha B'Av too is called a mo'ed. The intent is simple: according to Abaye's derashah, this "mo'ed" refers to the day of Rosh Chodesh, but the plain meaning of the verse refers to the day of Tisha B'Av itself, as Rashi explains, "the appointment of troops to come upon me"; but since the expression "mo'ed" also means Yom Tov, that is to say that Tisha B'Av is called a mo'ed and Yom Tov, and both are true — this according to the derash and this according to the pshat — and as is known, the Torah follows the way of PaRDeS; and this is simple'. And see what the Rebbe writes in Igros Kodesh, vol. 18, p. 559: 'It is according to the rule that a verse is expounded with what precedes it and what follows it (Menachos 19a and elsewhere). That is: a) He proclaimed (*appointed* — which means *and before* the time) a set time against me, and from this we learn that *Rosh Chodesh* is called a mo'ed. b) A set time (which *is*) to crush my young men — and from this it is learned that Tisha B'Av is called a mo'ed'. And see also Toras Menachem, vol. 73, Shabbos Parshas Devarim, os 6 ↩
3 Hilchos Tisha B'Av, siman 416 ↩
4 Hilchos Tisha B'Av, siman 311 ↩
5 And see also the Mordechai at the beginning of Moed Katan, Hagahos Asheri at the end of Taanis, Hagahos Maimoniyos at the end of Taaniyos; Abudirham; and see also Shu"t Maharshal, siman 32 ↩
6 Inyan Tefillah, siman 30, cited in the Beis Yosef, Orach Chaim, siman 131. However, it should be noted that in the Shibbolei HaLeket, Seder Taanis, siman 269, he brought the reason 'for "קרא עלי מועד" ("He proclaimed a set time against me")' ↩
7 There, siman 310 ↩
8 And see there, siman 312, where he writes: 'Ashrei and Uva LeTziyon without Va'ani Zos, and not Lamnatzeach, since it is called a mo'ed. And not Tiskabel, since it is written "שתם תפלתי" ("He has shut out my tefillah")' ↩
9 Shulchan Aruch, Orach Chaim, siman 552, se'if 12 ↩
10 Siman 559, se'if 4 ↩
11 And see Sha'ar HaKollel, ch. 11, din 8, os 3: 'And the reason he did not bring Mincha of Erev Tisha B'Av is that it is not of the same category as these Minchos, for in the Shulchan Aruch, siman 552, it is written explicitly that Tachanun is not said on Erev Tisha B'Av at Mincha because it is called a mo'ed; it is also mentioned in the Mishnah and Gemara (Taanis 26 and 30); also in the Shulchan Aruch, siman 131, in the minhogim of nefilas apayim, he did not bring Mincha of Erev Tisha B'Av at all, since it is not similar to all the Minchos he brought there; and why should the Alter Rebbe repeat in the Siddur the laws of the Shulchan Aruch, since he found nothing new to add in this?' ↩
12 Hagahos HaTur, siman 559, se'if katan 20 ↩
13 Orach Chaim, siman 559, se'if katan 6 ↩
[4] (Halacha 604)
Question: Why is the day of Tisha B'Av called a "mo'ed"?
Answer: We find that the holy Shelah explained this matter several times in his sefer: A) In Maseches Taanis, in Torah Ohr, he writes: '.. "for naught" is the term for an action from which no eternal purposeful result emerges. Regarding this it says "כי ה' הוגה" ("for Hashem has afflicted her") — one might think in vain, that is, that no eternal good action will come of it, but only that the blows and suffering are to take vengeance on them for what they transgressed; regarding this it says "על רוב פשעיה" ("for the multitude of her transgressions"), that is, the blows and the suffering refine them and break the kelipos, and these are called "the multitude of her transgressions". For due to our many sins the kelipos have spread, and they are the majority .. And the blows, the exiles and the troubles, and especially the trouble of the destruction of the Beis HaMikdash, refine, and the kelipos, which are now the majority, will be nullified. And in the future, not only will there be a majority of praises, but "ומלאה הארץ דעה" ("and the earth shall be filled with knowledge"), from the small to the great. And for this reason Tisha B'Av is called a "mo'ed", for out of trouble comes relief. And this is what is said, "שישו אתה משוש" ("Rejoice with her in joy") etc. And likewise what is written, that the four fasts will become "לששון ולשמחה" ("for joy and gladness"), to which there is an allusion in our holy Torah, when Aharon said "חג לה' מחר" ("Tomorrow shall be a festival to Hashem"). And I found in a kuntres of the Arizal of blessed memory that the words are to be taken literally, for there is a "tomorrow" that is after a long time. And "Tomorrow shall be a festival to Hashem" — this is the 17th of Tammuz, for it will become a day of joy and gladness'.
B) He discusses it a second time in Parshas Vayeitzei in Torah Ohr: 'In the future there will be the advantage of light over darkness, that is, because of the darkness and the troubles of the destruction and the exiles, there will be a refinement and purification to end sin, and this brings about the advantage of light that will be .. And Tisha B'Av is called a "mo'ed", for it brings about a great mo'ed in the future; and this is the matter that the Holy One, blessed be He, now showed Yaakov Avinu, at a time of rejoicing, the matter of the exiles — that at the end of days they will come to good, to joy and gladness'.
C) And he discusses it a third time in Parshas Balak, Torah Ohr: 'And Tisha B'Av is called a mo'ed, as it is said "קרא עלי מועד" ("He proclaimed a set time against me"), on account of the future, when it will be a festival. Therefore Tisha B'Av always falls on the same day of the week as the first day of Pesach, on which Yisroel went out of Mitzrayim, which is a semblance of the future Geulah, as it is said "כימי צאתך מארץ מצרים (כן) אראנו נפלאות" ("As in the days of your going out of the land of Mitzrayim, (so) I will show him wonders")'1.
D) An additional explanation is brought in Nachal Eshkol of the Chida2 in the name of the Rema of Fano: 'And what is written, "קרא עלי מועד" ("He proclaimed a set time against me"), and our Sages of blessed memory said that it was called a mo'ed, is puzzling; and a reason for this appears, as I heard in the name of the Rema of blessed memory, regarding what our Sages of blessed memory said: when the gentiles entered they found the Keruvim embracing one another — that at the time of the destruction there was a unity and a supernal3 and holy4 union, so that there would be a preparation and strength for Yisroel not to be lost in exile. And this is what is written, "ויקרא ה' אלהים לבכי" ("And Hashem Elokim called for weeping") etc. — "and He called" is a term of union, of Hei and ZoN, and this is because the matter was necessary for weeping etc., and so that there be hope in exile there was a union. Thus far what I heard. And perhaps this is what is written: "He proclaimed" — a term of union — "against me", for my sake, "a set time", a union of a set time; for the decree was "to crush my young men" etc., and so that I not be lost in exile, and also that there is hope for Yisroel — for this reason there was a union. And therefore it is called a mo'ed, for the festivals are so named because there is above unity and union, and so it was on Tisha B'Av; and examine this well, for I have been brief'.
E) In the Mishneh LaMelech, in Parashas Derachim5, he writes: 'One must further examine what it says, "קרא עלי מועד לשבור בחורי" ("He proclaimed a set time against me to crush my young men"), and I do not know what is intended by this "mo'ed". And I saw in the Mordechai on Moed Katan that Tachanun is not said on Tisha B'Av because it is written "קרא עלי מועד" ("He proclaimed a set time against me"). And I do not know why this day was transformed from mourning to Yom Tov and from sorrow to joy. And if the intent of the verse is on account of the future — for with Hashem's help, when Moshiach Tzidkeinu comes, this day will become a day of joy and gladness, as stated in the Midrash — it is still difficult, for he should have written this verse in the context of consolation, not in the context of calamity .. Even at the time the gentiles entered the Heichal, the Keruvim were facing one another, and this indicates the resting of His Shechinah among us .. "He proclaimed a set time against me to crush my young men" — that is, He considered the day of the crushing of my young men like a Yom Tov, and therefore Hashem was in my midst, for the Shechinah does not depart from Yisroel on Shabbosos and Yamim Tovim, even at a time when they do not do the will of the Omnipresent'.
F) The Chasam Sofer in his Derashos6 writes: 'For behold, the Sages related that Tisha B'Av is called a mo'ed and Tachanun is not said on it. And is it not a wonder why it should be called a mo'ed, when the korban of Hashem was not offered in its appointed time? But the matter is this: let us consider how such a thing could be, that it is close to two thousand years that, due to our many sins, we have forgotten all good, and yet it has still not been forgotten (the Beis HaMikdash), and our eyelids flow with water — which has not happened to any nation or tongue that were lost from among the community and forgot the memory of their good and did not weep a great weeping as we, the Children of Yisroel. But the matter is that this is a great consolation, for one does not accept consolation over the living, whereas regarding the dead it is decreed that he be forgotten from the heart. Therefore all the nations that have no hope of returning to what was lost to them — their memory is forgotten from their mouths; but we, the Children of Yisroel, who await and hope for the day when the Holy One, blessed be He, will descend below with a wall of fire around Him, and our pious ones will live and see and be sated from His goodness — therefore we do not accept consolation over the living. It turns out that this mourning is for us a great consolation, and therefore Tisha B'Av is a great mo'ed, for through it we know and understand that we are destined to return to our former state as in the days of our youth'.
G) Rabbi Shlomo Yosef Zevin writes in his sefer HaMoadim BaHalacha7: 'On Tisha B'Av they do not fall on their faces, because it is called a mo'ed'. The character of the "mo'ed" is in this: that on the day the Beis HaMikdash was destroyed, Moshiach was born. "והלבנון באדיר יפול" ("And the Levanon shall fall by a mighty one") — and it is written right after it: "ויצא חטר מגזע ישי ונצר משרשיו יפרה" ("And a shoot shall come forth from the stem of Yishai, and a branch shall grow out of his roots")'.
-----------
Notes:
1 And so writes the Aruch HaShulchan, Orach Chaim, siman 552, se'if 14. But see the Parashas Derachim below ↩
2 Eichah 1:15; and see also Chomas Anach on Yeshayahu 22:14 ↩
3 And see the maamar Ma'ayan Ganim, vol. 1, toward its end ↩
4 And see Likkutei Sichos, vol. 2, p. 360 ↩
5 Derech Etzev, Derush 23 ↩
6 Vol. 3, 84b ↩
7 Tisha B'Av, ch. 2, and ch. 4; and see the words of the Shulchan Gavoah brought in halacha 603 ↩
[5] (Halacha 605)
Question: On Tisha B'Av after midday, are there leniencies in the laws of mourning?
Answer: A) Washing the hair:
The Rosh writes1: 'And as for what you asked, whether on Tisha B'Av from Mincha onward, or close to Mincha Ketanah, a person may wash his face, hands and feet to cool off, whether we say that part of the day is like all of it, since it is an old mourning — Heaven forbid! Rather, the entire day it is forbidden; for if you were to say that part of the day is like all of it, then in the morning, once some mourning had been observed, the prohibition of Tisha B'Av would cease; and old mourning was not mentioned in this regard in Perek HaCholetz'.
And so the Mechaber ruled as halacha in the Shulchan Aruch2, that washing is forbidden on Tisha B'Av.
However, we find an ancient minhag in several communities (in Provence) that the women washed and shampooed their hair on Tisha B'Av after midday, as the Meiri writes3: 'And according to the halacha, the entire day is subject to this prohibition; but in Narbonne the women were accustomed to wash their hair from Mincha onward, and we heard that the elders and rabbonim there instituted this for them, on account of what was said in the Midrash, that Moshiach was born on that day, and as an allusion to consolation and redemption .. And in any case, in the days of the Geonim and the rabbonim, the women were accustomed to wash their hair from Mincha onward, and the Sages did not protest; and moreover, they support them, because it is a time of consolation, and matters similar to these, as we wrote above; and the matter is not seemly'.
And so write the Kolbo4 and the Orchos Chaim5: 'And one who is lenient to wash his feet from Mincha onward, with a cloth or in any manner, transgresses the words of the Sages. However, there is an ancient minhag that the women wash their hair from Mincha onward on the day of Tisha B'Av, and the early elders of blessed memory instituted this, and they intended it for good, and made a support for the matter from what was said in the Aggadah, that Moshiach was born on Tisha B'Av; and just as we made a remembrance of the destruction and of mourning, so too one must make a remembrance of the Redeemer and Consoler, so that they not despair of the Geulah. And this sign was needed only for women and those like them, who are weak in strength; but we all believe and trust in the consolations written, repeated and tripled in the books of the Prophets; however, the women, who are not versed in books, need strengthening'. And so writes Ohel Moed of Rabbeinu Shmuel of Gerona6.
B) Reciting verses of consolation:
We find an additional minhag in several communities to recite verses of consolation at Mincha, as Rabbeinu Menachem ben Zerach writes in Tzeidah LaDerech7: 'In some places it is customary in the afternoon to recite verses of consolation, and I do not know where they got this from, for the entire day it is forbidden to read'.
However, the Arizal justified this minhag, as brought in Sha'ar HaKavanos8: 'The matter of Tisha B'Av: what is customary on the day of Tisha B'Av at Mincha, to recite verses of consolation, and also to rise and sit up on the benches — on the contrary, it appears from the Babylonian Talmud that toward evening they set fire to the Heichal on the day of Tisha B'Av, and it burned at the time of Mincha, and accordingly it would be fitting to be more stringent at Mincha than in the morning. But the matter will be understood from what they expounded in the Gemara on the verse "מזמור לאסף אלקים באו גוים" ("A song of Asaf: Elokim, nations have come") etc., and they asked: it should have said "a lament"! And they answered that at first the enemies began to kill the Children of Yisroel, and then Yisroel thought that there would be, Heaven forbid, no recovery from their downfall, and they would be destroyed, Heaven forbid, by the sword of the enemies; and when they saw that they set fire to the Heichal toward evening, which is the time of Mincha, then they said a song and rejoiced with great joy and received consolation; for if, Heaven forbid, the Holy One, blessed be He, had not poured out His wrath upon the wood and the stones, there would have been no recovery for the enemies of Yisroel, as our Sages of blessed memory said: "כלה את חמתו ויצת אש בציון" ("He spent His wrath and kindled a fire in Tziyon"). It turns out that at the time of the afternoon Mincha, when they set fire to the Heichal, Yisroel then said a song and received consolation for their trouble; if so, the aforementioned minhag is good and proper. And in my humble opinion I also heard from my teacher of blessed memory another reason, which is that then, at Mincha of Tisha B'Av, Moshiach was born, who is called Menachem, as mentioned in Midrash Eichah Rabbah'9.
[The Levush10 writes that one of the reasons for reciting the bracha of Nachem specifically at Mincha is that it is then the time of consolation: 'They were accustomed to say it only at Mincha, because at Maariv and Shacharis they are like one whose dead lies before him, whom one does not console, for these are the main times of mourning, and only Kinos should be mentioned in them; but at Mincha they are like one whose dead has been buried, whom one consoles. Alternatively, the reverse, the other way around: because now at Mincha is the main time that requires consolation, for toward evening they set fire to it etc.'.]
There are places where the minhag of reciting verses of consolation was accepted, as written in the Shiyarei Knesses HaGedolah11 on what the Tzeidah LaDerech writes: 'And indeed, this minhag of reciting verses of consolation is found neither in the Tur, nor in the Shulchan Aruch, nor in the Levush; but the minhag is widespread in all the places I have passed through and heard of; and because of the spread of the minhag I do not have full authority to prevent it; but I myself am careful not to say them, because of the argument of the author of Tzeidah LaDerech'. And so writes the Chida12.
C) Cleaning the house:
We find an additional minhag in several communities to clean the house after midday on Tisha B'Av, as an expression of anticipation for the coming of Moshiach, as the Chida writes13: 'And I found written that for this reason the Sages did not protest against the many women who after midday busy themselves with all their strength sweeping the house, making the beds and similar household tasks; and this is an ancient minhag for women in the cities of Italy; and since their understanding is limited and they are weak in faith, on the contrary, they strengthened their hands to establish faith in the Geulah, so that they not despair, Heaven forbid'. And so writes Moreh B'Etzba14: 'Everything our Sages of blessed memory forbade on Tisha B'Av lasts until nightfall, and one should not be lenient after midday in anything, except that women are permitted to arrange the house somewhat, and this is to establish in their hearts faith in the Geulah'.
Thus we have seen that although by the letter of the law all the afflictions of Tisha B'Av apply throughout the entire time, nevertheless we find several matters in which they were lenient after midday, such as sitting on a high chair, and some were lenient in reciting verses of consolation15. [And likewise we have seen unusual minhogim against which the Sages did not protest, since they were intended to strengthen the anticipation of and faith in the coming of Moshiach].
--
Notes:
1 Shu"t, Klal 27, siman 6 ↩
2 Orach Chaim, siman 554, se'if 7 ↩
3 Taanis 30a ↩
4 Siman 62, cited in the Beis Yosef at the end of siman 554 ↩
5 Vol. 1, Hilchos Tisha B'Av, os 11 ↩
6 Vol. 2, 70a ↩
7 Maamar 5, Klal 1, ch. 9 ↩
8 Inyan Tisha B'Av ↩
9 And see Yad Aharon on the Tur, Orach Chaim, siman 559, at its end ↩
10 Orach Chaim, siman 557, se'if 1 ↩
11 Hagahos HaTur, Orach Chaim, siman 559, os 20 ↩
12 Birkei Yosef, Orach Chaim 559, se'if katan 7 ↩
13 There. And Shu"t Yosef Ometz, siman 21 ↩
14 Os 237 ↩
15 And see the Biur HaGra, siman 555, se'if 1, that at Mincha one is lenient in a matter that depends on minhag: '..anything that depends on minhag; and the reason is that then they set fire to the Mikdash, as stated above in siman 557; and see Tosafos in Kiddushin 31b, s.v. Istaye'a etc., "that He spent" etc.; and we say in the Midrash Rabbah, "Your iniquity is completed" etc., that on it Yisroel received full reversal' etc. And see also Mishnah Berurah, siman 555, se'if katan 3 ↩
[1] (Halacha 1144)
In halacha no. 338 we saw the different opinions regarding eating meat on the 10th of Av, its night and its day
Answer: The Gemara in Maseches Taanis1 says: 'And it is forbidden to cut hair and to launder from Rosh Chodesh until the fast — these are the words of Rabbi Meir .. And Rava said: The halacha is in accordance with Rabbi Meir'.
And so writes the Mechaber2: 'After the fast it is permitted to cut hair and to launder immediately'.
And so it is written in Minhogei Tyrnau3: 'And he concludes that it is permitted to cut hair and to launder, and all the more so to bathe, immediately after Tisha B'Av'.
However, the Maharshal4 disagreed and wrote: 'It appears that on the tenth of Av, since we follow the words of the Tur not to eat meat, on the tenth day bathing in a bathhouse is also forbidden; and pay no attention to what is written in the Minhogim, "and it is good not to eat meat and not to drink wine on the night of the 10th and its day" etc., "and he concludes that it is permitted to cut hair and to launder immediately after Tisha B'Av" — this is no proof, for he wrote "and he concludes" etc., which implies that this is the conclusion of the Talmud, and that this is the truth according to the law of the Talmud, as explained above; but in fact, according to the practice not to eat meat and drink wine, this too is included'.
And the Bach brought it5: 'And the Maharshal further wrote (in his commentary on the Tur) that on the tenth it is forbidden even to cut hair, to launder and to bathe, not as ruled in the Minhogim of Mahara Tyrnau; see there'6.
And the Levush7 writes that the stringency is until midday of the 10th: 'And immediately after Tisha B'Av, on the following day, the practice is to permit cutting hair, laundering and bathing; and it seems to me that one should wait until after midday'.
And so writes the Taz8: 'And he [= the Maharshal] further wrote that on the tenth it is forbidden to bathe, or to cut hair and to launder, not as written in the Minhogim; and according to what the Rema writes, that some are stringent until midday, it is even more obvious that after midday everything is permitted; see what is written at the end of siman 559'.
The Chida9 also brought this minhag: 'On Tisha B'Av toward evening etc., it is a proper minhag not to eat meat etc., and the same applies to cutting hair and laundering, and so write the Acharonim'.
On the other hand, the Knesses HaGedolah10 writes that the minhag is to permit: 'What I wrote in the printed edition11, that even those who are accustomed not to eat meat and drink wine on the tenth day are permitted the washing that is forbidden on Tisha B'Av — so I found in the Bach in the name of Minhogei Tyrnau. And although from the words of the Bach it appears that he holds like the Rashal of blessed memory, to forbid bathing, laundering and haircutting — if a halacha is unclear to you, go out and see what the people do'.
And the Maamar Mordechai brought it12: 'Until midday — from the unqualified words of Maran and Morenu HaRema here, and from what is written above in siman 551, se'if 4, it appears that even as a proper minhag only meat and wine are forbidden, but not bathing, haircutting etc., which are forbidden in the week in which Tisha B'Av falls. And the Acharonim wrote in the name of the Rashal that it is forbidden; and I found that the Rav of the Shiyarei permitted it and wrote, "go out and see what the people do"; and see what is written above at the end of siman 551, se'if katan 14'.
And in practice, the Ashkenazi minhag follows the words of the Maharshal, as the Kitzur Shulchan Aruch writes13: 'Also, one should not bathe, nor cut hair, nor launder until midday of the tenth day; and one who is stringent with himself in all the aforementioned matters for the entire tenth day is praiseworthy'.
And so writes the Aruch HaShulchan14: 'And likewise one should not bathe, cut hair or launder on the tenth day until after midday'.
And the Mishnah Berurah15 writes: 'And the same applies not to bathe in a bathhouse, nor to cut hair or launder, until midday'. And in the Biur Halacha he writes16: 'See the Mishnah Berurah, that the same applies to bathing in a bathhouse and haircutting; so write the Acharonim in the name of the Rashal. And the Maamar Mordechai writes that from the unqualified words of Maran and Morenu HaRema here, and likewise from what is written above in siman 551, se'if 4, it is implied that even as a proper minhag only meat and wine are forbidden, but regarding bathing and haircutting they were not stringent; and I found that the Rav of the Shiyarei also permitted it. Thus far his words. Nevertheless, it is difficult to be lenient in this, since several Acharonim of our times have recorded this law in practice'.
However, Rabbi Ovadiah Yosef in Shu"t Yechaveh Daas17 writes: 'However, for us, who follow the rulings of Maran, it appears that one may rely on the words of the Knesses HaGedolah and the Maamar Mordechai to be lenient in this, and to permit haircutting, laundering and bathing in hot water on the tenth of Av, especially since according to all opinions there is no prohibition in this by the letter of the law, but merely a minhag; whenever there is a doubt regarding a minhag, one should leave it at the essential law, as stated above'.
> Thus we have seen that according to the minhag of the Sephardim18 it is permitted to cut hair, bathe and launder on the 10th of Av, and according to the minhag of the Ashkenazim one should not launder, cut hair or bathe until midday of the 10th of Av. In the next halacha we will see what the law is when the 10th of Av falls on Erev Shabbos.
Notes:
1 30a. And it should be noted that the Maharil brought (Minhogim, Hilchos Tisha B'Av, os 7): "Shabbos" means the week in which Tisha B'Av falls; from Sunday until Friday it is forbidden to cut hair and to launder, whether before or after Tisha B'Av; and on the Thursday after it, it is permitted in honor of Shabbos ↩
2 Shulchan Aruch, Orach Chaim, siman 551, se'if 4 ↩
3 Minhogei Tisha B'Av ↩
4 Shu"t, siman 92 ↩
5 Orach Chaim, siman 558 ↩
6 Bach, Orach Chaim, siman 551: 'And it appears simple that those who are accustomed not to eat meat and drink wine until Shabbos Nachamu, and are stringent like Rabban Shimon ben Gamliel, must also be stringent regarding haircutting, laundering and mending clothes; and so it is written in the Maharil, that it is forbidden to cut hair and to launder until Friday, unless for the sake of Shabbos. And these matters are not law, but rather for those abstainers who refrain from meat and wine until Shabbos Nachamu — they must also be careful regarding haircutting and laundering, unless on Thursday in honor of Shabbos, even though they refrain from meat and wine until Shabbos itself; and all this is mere abstinence and not by the letter of the law, as the Maharil himself writes there, that it is forbidden only until [after] the fast, and that is by the letter of the law' ↩
7 Orach Chaim, siman 559, se'if 10 ↩
8 Orach Chaim, siman 558, se'if katan 1 ↩
9 Machazik Bracha, siman 558, se'if katan 1 ↩
10 Shiyarei Knesses HaGedolah, Hagahos HaTur, Orach Chaim, siman 558, os 4 ↩
11 Knesses HaGedolah, Hagahos HaTur, se'if katan 1 ↩
12 Siman 558, se'if katan 2 ↩
13 Siman 124, se'if 20 ↩
14 Orach Chaim, siman 558, se'if 2 ↩
15 Siman 558, se'if katan 3 ↩
16 S.v. Ad chatzos ↩
17 Vol. 5, siman 41 ↩
18 And see also Ohr LeTziyon, vol. 3, ch. 29, os 26 ↩
[2] (Halacha 1145)
Answer: Tosafos write1: 'And although they sent in the name of Rabbi Yochanan that linen garments may be laundered on Chol HaMoed, nevertheless our teacher Rashi was stringent with us to give our sheets to the launderer, in the week in which Tisha B'Av fell, before the fast; but where Tisha B'Av falls on Thursday, it is permitted to launder and to cut hair from midday onward in honor of Shabbos, since one should not wait until Erev Shabbos because of the burden of Shabbos preparations'.
However, the Ran2 writes: 'However, if Tisha B'Av falls on Thursday, it is obvious that it is forbidden, for in the Gemara we say that when Tisha B'Av falls on Erev Shabbos, if one did not launder on Thursday, he may launder on Erev Shabbos from Mincha onward, and we say that Abaye cursed this; all the more so when it falls on Thursday, that it is forbidden to launder'.
And likewise the Beis Yosef3 objected to the words of Tosafos: 'And it is astonishing to permit laundering and haircutting on the day of Tisha B'Av itself; moreover, it is explicitly taught4 there: if it falls on Thursday, before it is forbidden and after it is permitted — and if it were so, it should have taught us that on that very day itself it is permitted. Moreover, regarding when it falls on Erev Shabbos it teaches that if one did not launder on Thursday, it is permitted from Mincha onward, and it concludes that Abaye cursed this; all the more so when it falls on Thursday, that it is certainly forbidden on that day itself, even from Mincha onward. And one cannot say that what Tosafos permitted from midday onward refers to Wednesday, which is Erev Tisha B'Av5, for it is taught that when it falls on Thursday, before it is forbidden; moreover, there is more reason to be stringent after midday than before midday. Therefore one should not rely on this ruling'.
And the Magen Avraham writes6: 'In honor of Shabbos — if Tisha B'Av falls on Thursday, it is forbidden to launder on Thursday in honor of Shabbos, even from Mincha onward (Ran, Beis Yosef, Darkei Moshe, and Levush), not like Tosafos, who are lenient in the matter'7.
> Thus Tosafos and the Ran disagreed regarding Tisha B'Av that falls on Thursday, whether it is permitted to launder on it after midday; and the Beis Yosef decided to forbid it, and the Rema too, in Darkei Moshe there, os 6, recorded the Ran, who forbids it.
However, we saw in the previous halacha that according to the minhag of Ashkenazim one does not launder on the 10th of Av either, until midday; and the Magen Avraham writes8: 'And it is obvious that when it falls on Friday, everything is permitted in honor of Shabbos'.
And the Pri Megadim writes: 'And when Tisha B'Av falls on Thursday, on Erev Shabbos it is permitted to cut hair and to launder before midday'.
And the Eshel Avraham (Butchach)9 writes: 'However, when Tisha B'Av falls on Thursday, the Magen Avraham, may he rest in peace, wrote to be lenient, but at night it is not explicitly permitted'.
And in practice, several of the poskim used the expression that it is permitted from Shacharis, as the Eliyah Rabbah writes10: 'And it seems to me that when Tisha B'Av falls on Thursday, it is permitted to have a haircut in the morning of Erev Shabbos'.
And so it is written in the Kitzur Shulchan Aruch11: 'If the tenth day falls on Erev Shabbos, it is permitted to bathe, to have a haircut and to launder right away in the morning, in honor of Shabbos'.
And so writes the Aruch HaShulchan12: 'And if Tisha B'Av falls on Thursday, the next day, on Erev Shabbos, everything is permitted in honor of Shabbos [there]'.
However, some wrote that it is permitted to launder immediately on the night of the 10th of Av, as the Yaavetz writes in his Siddur13: And when the tenth falls on Erev Shabbos, it is permitted to launder, to cut hair and to bathe immediately; and see She'elas Yaavetz (vol. 1), siman 10614.
And several of the poskim wrote15 that even what the Eliyah Rabbah and those with him wrote, "Shacharis", is not intended to exclude the night, but rather reflects what was common in their time, that people laundered by day and not at night; but in truth, even according to their view it is permitted from the night.
> In practice, most of the poskim held to permit16 laundering immediately at the conclusion of Tisha B'Av17.
Notes:
1 Taanis 30a ↩
2 Taanis 9b in the pages of the Rif ↩
3 Orach Chaim, siman 551 ↩
4 29b ↩
5 And see the Bach there ↩
6 Siman 551, se'if katan 18 ↩
7 And see Shiyarei Knesses HaGedolah, siman 551, Hagahos Beis Yosef, os 21 ↩
8 Siman 558, se'if katan 1 ↩
9 Siman 558 ↩
10 Siman 559, se'if katan 31 ↩
11 Siman 124, se'if 20 ↩
12 Orach Chaim, siman 558, se'if 2 ↩
13 Sha'ar Shalekes, Sha'ar HaDelek, Deles 2, Chalon 4, os 6 ↩
14 There he proved from the words of Tosafos and the Beis Yosef cited above, who disagreed about permitting laundering on Tisha B'Av itself after midday, that it is implied that at least after Tisha B'Av it is permitted immediately. And so writes Shu"t Yechaveh Daas, to be lenient on this basis ↩
15 See Piskei Teshuvos, siman 558, note 17. And in the sefarim cited in the next note ↩
16 See Shu"t Revavos Efraim, vol. 2, siman 155, os 6. Shu"t Even Yisroel, vol. 7, siman 27. Shu"t Lehoros Nosson, vol. 2, siman 38:2. Shu"t Yechaveh Daas, vol. 5, siman 41. Kovetz MiBeis Levi 5759, p. 39. Shu"t Machazeh Eliyahu, siman 86. Chut Shani (Shabbos, vol. 2, p. 328). [However, Shu"t Be'er Moshe (Stern), vol. 3, siman 79, and Ashrei HaIsh (Orach Chaim, vol. 3, ch. 71, se'if 36) permitted it only in a pressing situation], especially since the case at hand involves: a. our kind of laundering; b. the enactment of Ezra to launder on Thursday (and some explained that the main point of the enactment is that one should not launder on Friday — see the Meiri, and the Magen Avraham, siman 242, se'if katan 3); c. it is also part of honoring Shabbos to organize the house, and not to push it off to Erev Shabbos ↩
17 However, some limited the permission to Shabbos clothes only; see Az Nidberu, vol. 8, siman 40. And Rabbi Shlomo Zalman Auerbach (in Halichos Shlomo (Nissan, ch. 15, se'if 16), from Shemiras Shabbos KeHilchasah, ch. 42, se'if 5) permitted filling the machine also with clothes that are not needed for Shabbos. (This reasoning was also written in Shu"t Shevet HaKehasi, vol. 3, siman 182 — though he spoke about the very permission to launder in such a calendar arrangement, and did not discuss from when the time of permission begins) ↩
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