Tisha B'Av
[1] (Halacha 337)
Torah Study on Tisha B'Av
Question: Why is there a restriction on Torah study on Tisha B'Av?
Answer: The Gemara in Tractate Taanis1 says: 'The Rabbanan taught: All mitzvos that apply to a mourner apply on Tisha B'Av: it is forbidden to eat, to drink, to anoint, to wear shoes, and to have marital relations; and it is forbidden to read from the Torah, from the Neviim, and from the Kesuvim, and to study Mishnah, Talmud, Midrash, halachos, and aggados. But he may read in a place where he is not accustomed to read, and study in a place where he is not accustomed to study, and he may read Kinnos, Iyov, and the harsh matters in Yirmiyahu. And the schoolchildren are idle, because it is stated2 "פקודי ה' ישרים משמחי לב" ("The precepts of Hashem are upright, gladdening the heart")'.
And Rashi explained: 'And it is forbidden to read from the Torah etc. - because it is written concerning them that they gladden the heart'.
But the Maharsha in Chiddushei Aggados wrote on Rashi's words: 'And were it not for his explanation it would appear that it is not because of joy that they touched upon it, for it does not bring this verse of "that gladden the heart" except in the latter clause regarding the schoolchildren; but regarding every other person there is another reason, because he should not forget his mourning of the day, and with regard to other occupations it is likewise forbidden for this reason, and as an extra point he stated that even to study Torah is forbidden on it; but regarding the schoolchildren he cited it from the verse that it is forbidden at any rate because of joy'.
And in halacha the Mechaber ruled in the Shulchan Aruch3: 'And it is forbidden to read from the Torah, Neviim, and Kesuvim, and to study Mishnah, Midrash, and Gemara, halachos, and aggados, because it is stated "פקודי ה' ישרים משמחי לב" ("The precepts of Hashem are upright, gladdening the heart"), and the schoolchildren are idle on it; but he may read Iyov and the harsh matters in Yirmiyahu; and if there are verses of consolation among them, he must skip them'. And it is permitted to study Midrash Eichah and the chapter Eilu Megalchin, and likewise to study the commentary on Eichah and the commentary on Iyov. There is one who forbids studying by way of contemplation'.
The Obligation of Torah Study
Question: Is there an obligation of Torah study on Tisha B'Av?
Answer: In the Shibolei HaLeket4 he wrote: 'And there are Geonim z"l who say that one does not recite Birchas HaTorah, since they are forbidden in matters of Torah and the study sessions are cancelled; but it appears to me that this requires examination, for he is permitted to read in the Torah, in Iyov, in the Kinnos, and in the harsh matters in Yirmiyahu; therefore he recites Birchas HaTorah and reads only the portion of the Tamid'.
The Acharonim5 discussed the words of the Shibolei HaLeket; some understood in the words of the Geonim that essentially they too permit studying the harsh matters, and even so one does not recite Birchas HaTorah since there is no obligation of Torah study on this day. And some understood from the words of the Shibolei HaLeket himself, who holds that one does recite it, that there is an obligation to study and not merely permission [for over permission one would not have recited a bracha]; on the other hand, some disputed this [either because it is explained that they held that even over permission one may recite a bracha, or that the bracha is on account of the reading in the Torah and the like, over which one is obligated to recite a bracha].
And in halacha, there are among the Acharonim6 who wrote that on Tisha B'Av there is no obligation of Torah study, but only permission to study the harsh matters, as is written in Shevet Yehuda (Ayash)7 regarding mourning: 'It appears that it is permitted, and he means permission, that if he does not wish to study at all, even in the harsh matters, he is entitled .. since they said that he is exempt from Torah study, it implies that he is entirely exempt'.
But many of the Acharonim8 wrote that there is an obligation to study also on Tisha B'Av, except that he should study the harsh matters and the like, as is written in Shu"t Chacham Tzvi9 regarding a mourner studying Mishnayos on Yom Tov: 'We do not forbid the mourner in matters of Torah except during the rest of the days of the year, for if he does not occupy himself with matters that bring joy he may occupy himself with the harsh matters in Yirmiyahu and in Iyov and Kinnos and the like, which are mourning and similar; but on a festival, where it is certainly not proper to occupy oneself with the aforementioned matters, it is not proper to sit idle from matters of Torah'. And from his words it is implied that there is an obligation to study, that there is an obligation to study, except that since there is a possibility to study the harsh matters, it is forbidden to study other matters.
And so it is written in the Sdei Chemed10: 'For behold they did not forbid every kind of study, and one can indeed fulfill the mitzvah of Torah study by studying the harsh matters, both on Tisha B'Av and in mourning, and the entire intent of Chazal in this was not to divert one's mind from the mourning, as appears to me plainly'.
And so too the Rebbe11 writes: 'Even on Tisha B'Av one is obligated to study Torah at every single moment, except that the study is in the parts of the Torah that are suited to this day'.
If so, in practice there is an obligation of Torah study on Tisha B'Av and one recites Birchas HaTorah over it, except that the study must be in matters that do not bring joy and do not cause a diversion of the mind from the mourning.
Notes:
1 ל, א ↩
2 תהלים יט, ט ↩
3 או"ח סי' תקנד סעיפים א - ג ↩
4 סדר תענית סי' רסט ↩
5 ראה שו"ת יביע אומר ח"ב יו"ד סי' כז. ילקו"י הל' תשעה באב דין ח הערה 36. נטעי גבריאל בין המצרים ח"ב שו"ת שבסוף הספר סי' יז ↩
6 הליכות שלמה תשעה באב עמוד תלט ↩
7 סי' שפד ס"ד ↩
8 ראה ילקו"י הל' תשעה באב ס"ח והנסמן שם הערה 36. נטעי גבריאל בין המצרים (מהדו"ב) ח"ב סי' עה הערה יז. (וחזר בו ממ"ש במהדו"ק שלו) ↩
9 סי' ק ↩
10 אסיפת דינים מערכת בין המצרים סי' ב אות יב ↩
11 ס' השיחות תש"נ ח"ב עמ' 574 ↩
[2] (Halacha 338)
Question: Is there a restriction on eating on the tenth of Av?
Answer: The Gemara in Tractate Taanis1 says: 'And it was taught: It is impossible to say on the seventh - for it has already been stated on the tenth; and it is impossible to say on the tenth - for it has already been stated on the seventh. How so? On the seventh the gentiles entered the Heichal, and ate and defiled it on the seventh and the eighth, and on the ninth close to dark they set fire to it, and it kept burning throughout the entire day, as it is stated "אוי לנו כי פנה היום כי ינטו צללי ערב" ("Woe unto us, for the day has turned, for the shadows of evening are lengthening"). And this is what Rabbi Yochanan said: Had I been in that generation - I would have fixed it only on the tenth, because most of the Heichal was burned on it. And the Rabbanan: The beginning of the calamity is preferable'.
And it is written in Machzor Vitry2 : 'And there are those who abstain from meat and wine also this night after the fast, because of the anguish of the heart and the intensity of the fast. And further, Rabban Yochanan ben Zakkai said, had I been there I would have fixed it on the tenth, for the essence of the burning was on it, for so toward evening they set fire to it and it burned the night of the tenth and its day. They said to him: the beginning of the calamity was, at any rate, on the ninth'.
If so, we find that we learn that there are two reasons for not eating meat on Motzaei Tisha B'Av: either on account of the intensity and severity of the fast [and according to this, even when it is deferred one should not eat meat on Motzaei the fast], or on account of the tenth of Av also having been fit to be a fast [and according to this there is a side to forbid also on the following day].
And we find among the Rishonim various minhogim3 regarding the minhag of abstaining from meat and wine, as follows:
Some wrote that this minhag is until the end of the tenth day, as is written by the Ravyah4 'And in any case it is a proper minhag not to eat meat on the night of the tenth and its day, on account of mourning, and not to drink wine, but only other things to restore the soul'. And so it is written by the Tur5: 'And in any case it is a proper minhag not to eat meat on the night of the tenth and the day of the tenth, only to restore the soul, so that it be close to affliction6'.
And some had the minhag not to eat on the tenth day until after Mincha, as is written in Leket Yosher7: 'And on the night after Tisha B'Av he does not eat meat, and the entire tenth day until after Mincha'. And so it appears in the Agudah, who wrote8: '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 fixed it on the tenth'.
And some had the minhag until midday of the tenth day, as is written in Hagahos Maimoniyos9: 'There are people who fast from meat and wine until midday of the tenth'.
And some had the minhag not to eat only on the night of the tenth, as is written by the Avudraham10 after he brought the Gemara concerning the tenth of Av: 'And therefore the Rosh had the practice not to eat meat on the night of the tenth'. And so it is written in the Shibolei HaLeket11: 'There are among the individuals who have the practice not to eat meat on the night of Motzaei Tisha B'Av, and so I found that Rabbeinu Meshulam z"l practiced all his days. And there are those who do not eat at all on the night of Motzaei Tisha B'Av until the morning'.
However, there are those who did not have this minhag at all and permitted meat and wine immediately at the departure of the fast, as is written in Sefer Minhagei Maharil12 in a gloss: 'And we have the practice of prohibiting meat and wine from Rosh Chodesh until Motzaei Tisha B'Av'.
And in halacha, the Mechaber and the Rema disagreed on this. The Mechaber13 wrote: 'On Tisha B'Av toward evening they set fire to the Heichal and it burned until the setting of the sun on the tenth day, and because of this it is a proper minhag not to eat meat and not to drink wine on the night of the tenth and the tenth day'.
However, the Rema wrote in a gloss: 'And there are those who are stringent until midday and no more'. (Hagahos Maimoni); if Tisha B'Av falls on Shabbos and is deferred to the first day, it is permitted to eat meat and wine on the second day, but at night it is forbidden because of the mourning of the day (Maharil)'.
If so, 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 approach of the Shulchan Aruch, one should forbid eating meat and drinking wine also throughout the entire tenth day of Av (however, it is permitted to taste the cooked dishes for the sake of Shabbos14)].
Notes:
1 כט, א ↩
2 סי' רסו וכן הוא בסידור רש"י סי' תח ↩
3 להעיר שיש שנהגו שלא לאכול בשר עד שבת נחמו ראה המובא בב"ח סי' תקנא סק"י, ובט"ז סי' תקנא סק"י ↩
4 ח"ג הל' תענית סי' תתפו ↩
5 או"ח סי' תקנח ↩
6 וכתב הב"ח: 'נראה דר"ל דאפילו שאר מאכלים לא יאכל רק כדי להשיב הנפש אבל לא קאי אאכילת בשר דבשר אין לאכול כלל'. וכ"כ הלבוש שם ס"א: 'מ"מ אין לו לאדם להתענג ביום עשירי'. (וראה גם ביוסף אומץ ח"א סי' תתפז: 'וכל שכן אם אין תשעה באב נדחה דאז הממעט באכילה [במוצאי תשעה באב] בכל מה דאפשר ליה הרי זה משובח. [ובתוצאות חיים כתב שלא לאכול אלא פירות בלבד ופת]).'אמנם הט"ז בס"ק א כתב: 'ונראה דבעל הש"ע לא פי' להחמיר במאכלים אחרים למעט בהם דאפי' הרבוי בהם אינה שמחה דאין שמחה בלא בשר, אלא הכי קאמר הטור לא יאכל בשר שהוא משמח אלא יאכל מאכלים אחרים שהם אינם אלא להשיב נפש'. וכהסבר הט"ז כך נראה גם במקור דברי הטור בראבי"ה 'שלא יאכל בשר .. אלא שאר דברים להשיב את הנפש' ↩
7 הל' בין המצרים ↩
8 מסכת תענית פ"ד סי' כג ↩
9 דפוס קושטא - הלכות תעניות פ"ה ה"ג הובא בב"י סי' זה ↩
10 סדר תפלת התעניות ↩
11 סדר תענית סימן רעד ↩
12 הל' יז בתמוז ותשעה באב ↩
13 שו"ע או"ח סי' תקנח ס"א ↩
14 חזון עובדיה ארבע תעניות ע' תיט ↩
[3] (Halacha 603)
Question: Why do we not say Tachanun at Mincha of Erev Tisha B'Av, and on Tisha B'Av?
Answer: The Ravyah wrote1: 'And if Tisha B'Av falls on Motzaei Shabbos, we do not say Tzidkascha Tzedek because it is called a moed, just as when Rosh Chodesh falls on the first day of the week or on Shabbos, when we do not say .. and one does not fall in Tachanun, for it is called a moed2'.
And so it is written in his name in the Or Zarua3: 'Rav Amram Gaon wrote that on the day of Tisha B'Av one prays Selichos and its matter is like on other fasts, and so is the minhag in the two Yeshivos; and my teacher Rabbeinu Avi HaEzri deemed it fitting according to our minhag that just as there is no Tachanun on it and also no VeHu Rachum when it falls on Thursday because it is called a moed, so too we do not pray Selichos'.
And so wrote the Rokeach4: 'And always on Tisha B'Av they do not fall in supplications, neither at Yotzer nor at Maariv, because it is called a moed'. And so wrote several more of the Rishonim5.
On the other hand, in the Shibolei HaLeket6 he wrote: 'On Tisha B'Av at Shacharis they do not fall on their faces because it is called a mourner, as it is written "שישו אתה משוש כל המתאבלים עליה" ("Rejoice with her, all who mourn over her"), and a mourner is likened 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 before it they fall on their faces, since we do not advance the calamity'.
But according to the reason of the Ravyah, that the non-recitation of Tachanun is because it is called a moed, also on Erev Tisha B'Av one does not say Tachanun.
And see an additional reason in the Rokeach7: 'At Shacharis of Tisha B'Av they do not fall on their faces, in reference to "סכות בענן לך מעבור תפלה" ("You have covered Yourself with a cloud, that no prayer may pass through"), "שתם תפלתי" ("You have shut out my prayer")'8.
And in practice the Mechaber wrote9 regarding Mincha of Erev Tisha B'Av: 'We do not say Tachanun at Mincha of Erev Tisha B'Av, because it is called a moed; and if it is Shabbos, we do not say Tzidkascha'. And so he wrote regarding Tisha B'Av itself10: 'We do not say Tachanun on Tisha B'Av, and they do not fall on their faces because it is called a moed'.
In the Siddur of the Alter Rebbe, before Lamnatzeiach Yaancha, in the list of days on which one does not say Tachanun, he wrote: 'And Tisha B'Av'; but further on, in the list of days on whose preceding Mincha too one does not say Tachanun, he did not mention Erev Tisha B'Av11. [On the other hand, also at the conclusion of his words, in the list of days before which in the evening one does say Tachanun, he did not mention Erev Tisha B'Av].
And it is written in the Shiyurei Knesses HaGedolah12 'And one must be pressed to say that the Rada holds that the reason we do not say supplications and Nefilas Apayim on Tisha B'Av at Shacharis is not because it is called a moed, but because we say Kinnos, and they are like mourners and rebuked, 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 with a mourner. But at the time of Mincha, when they do not behave like mourners and rebuked, that they say words of consolation according to the view of the Rada z"l, they say supplications and fall on their faces. And this requires examination'.
And the Mahar"i Molcho in the Shulchan Gavoah13 wrote: 'And since Tisha B'Av is called a moed, we should not have lamented, by a kal vachomer from new mourning; one can say that they said this - that one should not say Tachanun - only to make some slight recognition that on this very day the Mashiach was born, as Chazal said, so that we do not despair of the calamity; but with respect to Kinnos, one continues to lament'.
We have seen the various reasons that the Rishonim wrote for the non-recitation of Tachanun on Tisha B'Av. In the following halacha we will see the explanation of the reason that Tisha B'Av is called a moed.
Notes:
1 ח"ג הל' תענית סי' תתצ ↩
2 בשו"ת חלקת יעקב עניינים שונים סי' כח ב: 'מה שהקשה על הא דבסי' תקנ"ב סי"ב דאין אומרים תחנה ערב ת"ב במנחה משום דאקרי מועד, והקשה מהא דפסחים ע"ב ותענית כ"ח, דאמר אביי תמוז דהאי שתא מלוי' מלי' דכתיב קרא עלי מועד, וזה קאי על ר"ח דמקרי מועד, וכבפירש"י שם שניתוסף יום לר"ח וזה מקרי מועד, ומנ"ל על ת"ב בעצמו דמקרי מועד. גם בטור סי' תקנ"ט וברוקח סי' ש"ג מבואר כן אין אומרים צ"ץ ואין נופלים בת"ב משום דת"ב נמי אקרי מועד, הכוונה פשוטה, עפ"י דרשא דאביי קאי האי מועד על יום ר"ח אבל פשטי' דקרא קאי על יום הת"ב עצמו, וכפרש"י יעידת גייסות לבא עלי, אבל מכיון דביטוי לשון של מועד משמעותו גם לשון של יו"ט, זאת אומרת דת"ב מקרי מועד ויו"ט ושניהם אמת, זה עפ"י דרש וזה עפ"י פשט, וכידוע דהתורה דרך פרדס, ופשוט הוא'. וראה מ"ש הרבי באג"ק חי"ח עמ' תקנט: 'הוא ע"פ הכלל מקרא נדרש לפניו ולאחריו (מנחות יט, א ובכ"מ). והיינו: א) קרא (*זימן* - שפי' *ולפני* זמן) עלי מועד ומזה למדים *דר"ח* איקרי מועד. ב) מועד (אשר *הוא*) לשבור חורי - ומזה נלמד אשר ת"ב נק' מועד'. וראה גם תו"מ עג ש"פ דברים אות ו ↩
3 הל' ת"ב סי' תטז ↩
4 הל' ת"ב סי' שיא ↩
5 וראה גם במרדכי ריש מו"ק, הגה"א סוף תענית, הגה"מ סוף תעניות; אבודרהם, וראה גם שו"ת מהרש"ל סי' לב ↩
6 ענין תפלה סי' ל הובא ב"י או"ח סי' קלא. אך להעיר שבשבלי הלקט סדר תענית סי' רסט: הביא את הטעם 'דקרא עלי מועד' ↩
7 שם סי' שי ↩
8 וראה שם סי' שיב שכתב: 'אשרי ובא לציון בלא ואני זאת ולא למנצח דקרוי מועד. ולא תתקבל דכ' שתם תפלתי' ↩
9 שו"ע או"ח סי' תקנב סי"ב ↩
10 סי' תקנט ס"ד ↩
11 וראה בשער הכולל פי"א דין ח אות ג: 'ומה שלא הביא מנחת ערב ט"ב מפני שאינו בסוג אחד עם מנחות הללו כי בשו"ע סימן תקנ"ב כתוב בפירוש אין אומרים תחנה בעט"ב במנחה משום דאקרי מועד גם נזכר במשנה וגמרא (תענית דף כו ודף ל) גם בשו"ע סי' קלא במנהגי נפ"א לא הביא כלל מנחת עט"ב כי אינו דומה לכל המנחות שהביא שם ולמה יכפול אדמו"ר בסדור דיני השו"ע מאחר שלא מצא לחדש בזה מאומה' ↩
12 הגה"ט סי' תקנט ס"ק כ ↩
13 או"ח סי' תקנט ס"ק ו ↩
[4] (Halacha 604)
Question: Why is the day of Tisha B'Av called a moed?
Answer: We find in the holy Shelah several times in his sefer that he explained this matter: a) On Tractate Taanis in Torah Or he wrote: '.. it is called "for nought," a matter of an action from which nothing of eternal purpose emerges. Regarding this it says "כי ה' הוגה" ("for Hashem has afflicted"), one might think for nought, that is, that no good, eternal action would emerge from this, but only the blows and sufferings are to take vengeance upon them for what they transgressed; regarding this it says "על רוב פשעיה" ("for the multitude of her transgressions"), that is, the blows and sufferings purify them and shatter the kelipos, and these are called "the multitude of her transgressions." For due to our many sins the kelipos spread out, being the majority .. and the blows and the exiles and the troubles, and especially the trouble of the destruction of the Mikdash, they purify, 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 will be filled with knowledge"), from small to great. And for this reason Tisha B'Av is called a "moed," for out of trouble comes relief. And this is what is stated "שישו אתה משוש" etc. ("Rejoice with her with joy"). And likewise what is written, that the four fasts will be "לששון ולשמחה" ("for gladness and for joy"), regarding which the hint comes in our holy Torah, that Aharon said "חג לה' מחר" ("a festival to Hashem tomorrow"). And I found in a kuntres of the Arizal z"l that the words are as their plain meaning, for there is a "tomorrow" that is after a time. And it will be "a festival to Hashem tomorrow," which is the 17th of Tammuz, for it will be for gladness and for joy'.
b) And he went forth to expound a second time in Parshas Vayeitzei in Torah Or: 'In the future there will be an advantage of light from the darkness, that is, from the cause of the darkness and the troubles in the destruction and in the exiles, there will be a purification and refinement to consume sin, and this brings about an advantage of light that will be .. And Tisha B'Av is called a "moed," for it causes a great moed in the future, and this is the matter that the Holy One, blessed be He, now showed at the time of joy to Yaakov Avinu the matter of the exiles, for at the end of days they will come for good, for gladness and for joy'.
c) And he raised his hand a third time in Parshas Balak in Torah Or: 'And Tisha B'Av is called a moed, as it is stated "קרא עלי מועד" ("He proclaimed a moed against me"), on account of the future when it will be a festival. Therefore Tisha B'Av always falls as the first day of Pesach falls, on which Yisrael went out of Egypt, which is a foretaste of the future redemption, as it is stated "כימי צאתך מארץ מצרים (כן) אראנו נפלאות" ("As in the days of your going out from the land of Egypt, (so) I will show him wonders")'1.
d) An additional explanation is brought in Nachal Eshkol of the Chida2 in the name of the Rama"ei of Fano: 'And that which it says "קרא עלי מועד" ("He proclaimed a moed against me"), and Chazal said that he called it a moed, is puzzling, and it appears there is a reason for this according to what I heard in the name of the Rama"ei z"l regarding what Chazal said, that when the gentiles entered they found the Keruvim intertwined with one another, for at the time of the destruction there was a supernal union and coupling3 and holiness4 in order that there be preparation and strength for Yisrael that they not be lost in the exile; and this is what "ויקרא ה' אלהים לבכי" etc. ("And Hashem, God, called to weeping") means, "ויקרא" being an expression of coupling, "ה'א" this is Zeir Anpin and Nukva, and this that the matter was necessary "לבכי" etc. ("to weeping"), and for there to be hope in the exile, there was coupling; thus far what I heard. And it is possible that this is what "קרא" ("called") means, an expression of coupling, "עלי" for my sake, "מועד" like a coupling of a moed, for the decree was "לשבור בחורי" ("to crush my young men") etc., and so that I not be lost in the exile and also that there be hope for Yisrael, therefore there was coupling. And for this reason it is called a moed, for the moadim are so named because on high there is union and coupling, and so it was on Tisha B'Av, and examine this well, for I have been brief'.
e) In the Mishneh LaMelech in Parshas Derachim5 he wrote: 'There is also room to be precise in what it says "קרא עלי מועד לשבור בחורי" ("He proclaimed a moed against me to crush my young men"), and I do not know what its intent regarding this "moed" is. And I saw in the Mordechai in Moed Katan that we do not say supplications on Tisha B'Av because it is written "קרא עלי מועד" ("He proclaimed a moed against me"). And I do not know why this day was turned from mourning to a festival and from grief to joy. And if the intent of the verse is on account of the future, that with God's help when the righteous Mashiach comes this day will be for gladness and for joy, as is found in the Midrash, still it is difficult, for he should have written this verse regarding the consolations, not regarding the calamity .. Even at the time when the gentiles entered the Heichal, the Keruvim were with their faces one toward another, and this is an indication of the resting of His Shechinah among us .. that "קרא עלי מועד לשבור בחורי" ("He proclaimed a moed against me to crush my young men") means that He reckoned the day of crushing my young men like a Yom Tov, and for this reason Hashem was within me, for the Shechinah does not depart from Yisrael on Shabbosos and Yomim Tovim, even at a time when they do not do the will of the Omnipresent'.
f) The Chasam Sofer in his Derashos6 wrote: 'For behold the Sages related that Tisha B'Av is called a moed and one does not say Tachanun on it; and it is wondrous why it is called a moed when the offering of Hashem was not brought at its appointed time, but the matter is that we should consider how such a thing came to be, that for close to two thousand years we have forgotten all good, due to our many sins, and still we have not forgotten (the Beis HaMikdash) and our eyelids flow with water in a manner that has not happened so for any nation and tongue who were lost from within the community and forgot the memory of their good and did not weep a great weeping as we, the Children of Yisrael, do; but the matter is that this is a great consolation, for one does not accept condolences over the living, whereas over the dead it is a decree that it be forgotten from the heart. Therefore all the nations who have no hope of returning to what was lost from them, their memory was therefore forgotten from their mouths; but we, the Children of Yisrael, who anticipate and hope for the day when the Holy One, blessed be He, will in the future descend below with a wall of fire around Him, and our pious ones will live and see and be satisfied from His goodness, therefore we do not accept condolences over the living; it turns out that this mourning is for us a great consolation, and therefore Tisha B'Av is a great moed, for on it we know and understand that we are destined to return to our former state as in the days of our youth'.
g) HaGaon Rabbi Sh. Y. Zevin wrote in his sefer HaMoadim BaHalacha7: 'On Tisha B'Av they also do not fall on their faces, because it is called a moed'. The character of the "moed" is in this, that on the day the Beis HaMikdash was destroyed the Mashiach was born. '"והלבנון באדיר יפול" ("And the Levanon shall fall by a mighty one") - and it is written afterward: "ויצא חטר מגזע ישי ונצר משרשיו יפרה" ("And a shoot shall come forth from the stump of Yishai, and a branch shall grow from his roots")'.
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Notes:
1 וכ"כ ערוה"ש או"ח סי' תקנב סי"ד. אך ראה בפרשת דרכים דלקמן ↩
2 איכה א טו, וראה גם בחומת אנ"ך על ישעיה כב, יד ↩
3 וראה מאמר מעין גנים ח"א לקראת סופו ↩
4 וראה לקו"ש ח"ב ע' 360 ↩
5 דרך עצב דרוש כג ↩
6 ח"ג פד, ב ↩
7 תשעה באב פ"ב, ובפ"ד, וראה בדברי השלחן גבוה שהובאו בהלכה 603 ↩
[5] (Halacha 605)
Question: On Tisha B'Av after midday, are there leniencies in the laws of mourning?
Answer: a) Washing the head:
The Rosh wrote1: 'And that which you asked about Tisha B'Av from Mincha onward or close to Mincha Ketana, whether a person may wash his face, his hands, and his feet to cool off, whether we say that part of the day is like all of it since it is an ancient mourning. Heaven forbid, rather the entire day is forbidden, for if you say part of the day is like all of it, in the morning, since they have observed a bit of mourning, the prohibition of Tisha B'Av would cease, and ancient mourning was not mentioned regarding this matter in the chapter HaCholetz'.
And so the Mechaber ruled in 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 heads on Tisha B'Av after midday, as is written by the Meiri3: 'And according to the halacha the entire day is under the rule of this prohibition, except that in Narbonne the women had the minhag to wash their heads from Mincha onward, and we have heard that the elders and rabbis in it instituted this for them, based on what they said in the Midrash that the Mashiach was born on that very day, and it is an allusion to consolation and redemption .. And in any case the women had the minhag in the days of the Geonim and the rabbis to shampoo their heads from Mincha onward, and the Sages did not protest against them, and moreover they would provide them a meal, since it is a time of consolation, and similar to these matters as we wrote above; but the matter is not seemly'.
And so wrote the Kolbo4, and the Orchos Chaim5: 'And one who is lenient to wash from Mincha onward his feet with a cloth or in any place transgresses the words of the Sages; but there is an ancient minhag that the women wash their heads from Mincha onward on the day of Tisha B'Av, and the earlier elders z"l instituted this and intended it for good, and made a support for the matter based on what they said in the aggadah that the Mashiach was born on the day of Tisha B'Av; and just as we made a remembrance for the destruction and for the mourning, so we must make a remembrance for the redeemer and the comforter, so that they not despair of the redemption; and this sign was needed only for women and the like who are weak of strength, but all of us believe and are confident in the consolations written, repeated, and tripled in the books of the Neviim; but the women, who do not know how to read, need strengthening'. And so it is written in the Ohel Moed of Rabbeinu Shmuel Yerundi6.
b) The recitation of verses of consolation:
We find an additional minhag in several communities to say verses of consolation at Mincha, as is written by Rabbeinu Menachem ben Zerach in Tzeidah LaDerech7: 'In some places they have the minhag at twilight to say verses of consolation, and I do not know from where they derived this matter, for the entire day it is forbidden to read'.
However, the Arizal justified this minhag, as brought in Shaar HaKavanos8: 'The matter of Tisha B'Av, that which they had the minhag on the day of Tisha B'Av at Mincha to say verses of consolation and also to rise and sit upon the benches above; and on the contrary it appears from the Talmud Bavli 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 according to this it would have been fitting to be stringent at Mincha more than at Shacharis; but the matter will be understood based on what they expounded in the Gemara on the verse "מזמור לאסף אלקים באו גוים" etc. ("A psalm of Asaf, O God, nations have entered"), and they asked, it should have been "a lament of Asaf," and they answered that at first the enemies began to slay the Children of Yisrael, and then Yisrael thought that there would be, Heaven forbid, no recovery from their downfall and that they would be consumed, 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 psalm and rejoiced with a great joy and accepted consolation, for if, Heaven forbid, the Holy One, blessed be He, had not cast His wrath upon the wood and the stones there would have been no recovery for the enemies of Yisrael, and as Chazal said, He spent His wrath and set fire to Tzion. And it turns out that at the time of the Mincha of evening, when they set fire to the Heichal, then Yisrael said a psalm and accepted consolation over their trouble; if so, the aforementioned minhag is good and proper. And it appears to me that I also heard from my teacher z"l another reason, namely that then, at the Mincha of Tisha B'Av, the Mashiach who is called Menachem was born, as mentioned in the Midrash Eichah Rabbah'9.
[The Levush10 wrote that one of the reasons for the recitation of the bracha of Nachem specifically at Mincha is because that is the time of consolation: 'They had the minhag to say it only at Mincha, because at Maariv and Shacharis they are like one whose deceased lies before him, whom one does not comfort, for they are the primary times of mourning, and one should mention in them only Kinnos; but at Mincha they are like one whose deceased has been buried, whom one comforts; alternatively the opposite way, because now at Mincha is the primary time when consolation is needed, for toward evening they set fire to it', etc.]
There are places where the minhag of reciting verses of consolation was accepted, as is written in the Shiyurei Knesses HaGedolah11 on what the Tzeidah LaDerech wrote: 'And indeed this minhag to say verses of consolation is found neither in the Sefer HaTurim, nor in the Shulchan Aruch, nor in the Levush; but the minhag is widespread in all the places through which I passed and whose report I heard, and because of the spread of the minhag I do not have a full hand to prevent it, but I myself am careful not to say them, from the argument of the author of the Tzeidah LaDerech'. And so wrote the Chida12.
c) Cleaning the house:
We find an additional minhag in several communities to clean the house after midday of Tisha B'Av as an expression of the anticipation of the coming of the Mashiach, as is written by the Chida13: 'And I found it written that for this reason the Sages did not protest against the many women who after midday busy themselves with all their strength to sweep the house and arrange the beds, and the like of the arrangements of the house; and this is an ancient minhag in the cities of Italy for women, and since their understanding is limited and they are weak of faith, on the contrary they strengthened their hands to establish the belief in the redemption so that they not despair, Heaven forbid'. And so it is written in the Moreh Be'etzba14: 'All that Chazal forbade on Tisha B'Av is until the night, and one should not be lenient after midday in anything, only that they are lenient for women to arrange the house a bit, and this is to establish in their hearts the belief in the redemption'.
If so, we have seen that although by law all the afflictions of Tisha B'Av apply throughout the entire time, nevertheless we find with regard to several matters that they were lenient after midday, such as sitting on a high chair; and there are those who were lenient regarding the recitation of verses of consolation15. [And likewise we have seen exceptional minhogim against which the Sages did not protest on account of their being intended to strengthen the anticipation and belief in the coming of the Mashiach].
--
Notes:
1 שו"ת כלל כז סי' ו ↩
2 או"ח סי' תקנד ס"ז ↩
3 תענית ל, א ↩
4 סי' סב, הובא בב"י סוף סי' תקנד ↩
5 ח"א הל' ת"ב אות יא ↩
6 ח"ב ע, א ↩
7 מאמר ה כלל א פ"ט ↩
8 ענין תשעה באב ↩
9 וראה יד אהרון על הטור או"ח סי' תקנט בסופו ↩
10 או"ח סי' תקנז ס"א ↩
11 הגה"ט או"ח סי' תקנט אות כ ↩
12 ברכ"י או"ח תקנט ס"ק ז ↩
13 שם. ושו"ת יוסף אומץ סי' כא ↩
14 אות רלז ↩
15 וראה ביאור הגר"א סי' תקנה סעיף א שבמנחה מקילים בדבר שתלוי במנהג '..כ"ד שתלוי במנהג והטעם שאז הציתו אש במקדש כמש"ל סימן תקנ"ז ועבתוס' דקדושין ל"א ב' בד"ה אסתייעא כו' על שכילה כו' ואמרינן במ"ר תם עונך כו' שבה נטלו ישראל איפוכי שלימה כו'. וראה גם משנ"ב סי' תקנה ס"ק ג ↩
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