The Laws of Fasts - The Laws of Tisha Be-av (1)
the laws of
THE FESTIVALS
Rav David
Brofsky
Shiur
#24: The Laws of Fasts
The
Laws of Tisha Be-av (1)
Introduction
A few weeks ago, we introduced the four fast days mentioned by the
prophet Zekharia (8:19), who described them as "the fast of the fourth, fifth,
seventh, and tenth months." These four fasts commemorate the events leading to
and following the destruction of the first
The
Mishna (Ta’anit 26a) enumerates the other tragedies that
transpired on this day of misfortune:
Five
tragic events befell our fathers… on the Ninth of Av… On the Ninth of Av it was
decreed that our fathers should not enter the Land, the
We
noted a few weeks ago (http://vbm-torah.org/archive/moadim69/21-69moed.htm)
that different themes may combine at times to comprise the nature of a single
day. For example, Yom Kippur encompasses both the aspect of a mo’ed, a
festival, and a ta’anit tzibbur, a communal fast day. Indeed, we
questioned whether the afternoon Torah reading of Yom Kippur reflected the
ta’anit tzibbur aspect of the day, in which case only one who is fasting
should receive an aliya, or the mo’ed aspect of the day, in which
case anyone may ascend to the Torah.
Similarly,
it seems that different themes comprise the nature of Tisha Be-av.
On
the one hand, as we discussed previously, the Talmud (Rosh Ha-Shana 18a) describes the
severity of the fast of Tisha Be-av.
Its strictness justified sending out messengers to notify those outside of
Jerusalem regarding the day of the consecration of the new moon and the fast in
its wake, as, unlike the other three communal fasts instituted after the
destruction of the Beit Ha-mikdash, Tisha Be-av is always
observed, as "multiple misfortunes befell us on that day."
Furthermore,
unlike the other fast days, which are only observed “partially,” the fast of
Tisha Be-av begins the night before, and one must abstain not only from
eating, but from the other “afflictions,” i.e. washing and anointing, wearing
shoes, and engaging in marital relations. In addition, the Torah portion of “Parashat Va-Yechal” (Shemot 32:11-14 and 34:1-10), which is
read on the other fast days at Mincha, is read on Tisha Be-av as
well. Tisha Be-av, therefore, represents the archetypical fast day.
On
the other hand, Tisha Be-av is a day of mourning, of aveilut
yeshana (Yevamot 43b), as the beraita cited by the Talmud
(Ta’anit 30a) states: “All mitzvot which apply to a mourner during
the seven days of mourning apply on Tisha Be-av.” We express this aspect of mourning
throughout the day in our prayers and actions.
Over
the next two shiurim, as we summarize the laws of Tisha Be-av, we
will demonstrate how these two themes combine to create a new entity - Tisha
Be-av.
Erev
Tisha Be-av - Se’udat Ha-Mafseket
The
Talmud teaches that one should partake of a seuda mafseket, a final meal,
before Tisha Be-av. The mishna (Ta’anit 26b), for example,
states: “On the eve of the Ninth of Av, one may not partake of a meal of two
cooked foods, nor eat meat nor drink wine.” Furthermore, the gemara
(Ta’anit 30a) recounts the practice of R. Yehuda ben
Illa’i:
On
the eve of the Ninth of Av, they brought to him dry bread with salt and he would
take his seat between the [baking] oven and the [cooking] stove and eat, and he
would drink with a pitcher full of water and he would appear as if a near
relative were lying dead before him.
Similarly,
the Rambam (Hilkhot Ta’aniyot 5:9) writes, “And he should eat it,
and drink a pitcher of water, with worry, depression and weeping, as if a close
relative is lying dead in from of him.”
What may one eat at this meal? As we saw, the mishna prohibits
eating meat and drinking wine at this meal, as these are important foods which
arouse happiness. In addition, the mishna states that one should not eat
two cooked foods. While the Acharonim discuss how to define “two cooked
foods,” the Shulchan Arukh (552:6) simply writes that, when possible, one
should eat dry bread with salt, along with water, for the seuda
ha-mafseket. In addition, he (ibid. 5) reports that “it is customary to eat
lentils mixed with boiled eggs, which are a food of mourners.”
The
Rama adds that some eat hard-boiled eggs, which are also a food of
mourners. Moreover, he writes that one should dip his bread into ashes, and, as
the Mishna Berura (16) suggests based upon the practice of Rav as
recorded by the Yerushalmi (Ta’anit 4:6), one should declare,
“This is the Tisha Be-av meal.”
Since this simple meal would probably not tide a person over until the
next day, the se’uda ha-mafseket is usually preceded by another meal. The
Rama (552:9) writes:
It
is customary in these regions of Ashkenaz to eat a set meal before
Mincha, and then afterwards to pray Mincha and then eat the
se’udat ha-mafseket. They are accustomed to increase this meal, in order
that the fast should not be harmful, since we cease to eat during the day, like
Yom Kippur.
Interestingly,
the Magen Avraham (11) suggests that the custom to eat a large meal
before the se’udat hamafseket may be rooted in a different idea. He
writes that since Tisha Be-av, during the time of the second
The
Magen Avraham (10) also relates that some Acharonim (Levush,
Bach, Shelah) disapprove of the custom recorded by the Rama and
suggest eating this large meal, if necessary, before midday. The Eliya Rabba (12) cited by the
Mishna Berura (22), however, writes that as long as one’s intention are
“for the sake of Heaven,” he may partake of a larger meal after noon, but he
should leave room for the se’udat ha-mafseket.
The Shulchan Arukh (553:1) rules that one may eat or drink after
the se’udat ha-mafseket until the onset of the fast, unless one
explicitly accepts upon himself not to eat anymore. While the Rama adds
that a mental acceptance does not constitute an acceptance, the Mishna Berura
(2) writes that the Bach and Gra disagree; he therefore
recommends stating explicitly that one intends to eat or drink until
sunset.
The
Acharonim mention a number of other customs associated with the seuda
ha-mafseket.
First,
one does not recite the birkat ha-mazon with a zimun. The
Hagahot Maimoniyot (Hilkhot Ta’aniyot 5:7:30)
writes:
Some
of the great scholars of Ashkenaz… and R. Sherira Ga’on wrote as well, were
accustomed not to recite the zimun with three during this meal; rather
every individual should sit by himself, as it says, “Let him sit alone and keep
silence” (Eicha 3:28). So, too, the Ri and R. Meshulam
would recite the Grace after Meals by themselves even when sitting amongst a
group of three [which would ordinarily mandate reciting the zimun]. It is
proper for three people not to sit together in order that they should not become
obligated in the zimun.
The
Shulchan Arukh (552:8) rules accordingly, warning that three men should
not sit together in order not to become obligated to recite the zimun.
The Mishna Berura (19) adds that even if they did sit together, they
should still not say the zimun.
Second,
the Terumat Ha-deshen (1:151) writes that one should eat the se’udat
ha-mafseket while sitting on the ground, although he does not need to remove
his shoes. The Shulchan Arukh (552:7) records this custom as well. Those
who have difficulty sitting on the floor may sit on a chair, although they
should preferable change their location (Kaf Ha-Chaim 552:38).
When
Tisha Be-av falls out on Sunday, the se’uda ha-mafseket is not
held on Shabbat, and the restrictions mentioned above are not observed.
One may eat meat and drink wine preceding the fast. However, one must stop
eating before sunset (Shulchan Arukh and Rama,
552:10).
In
addition to the laws of the se’uda ha-mafseket, the Rama (553:2)
writes:
It
is customary not to learn [Torah] on the day before Tisha Be-av after
midday, and therefore when Tisha Be-av falls out on Shabbat, we do
not say Pirkei Avot. Similarly, one should not take walks on Erev
Tisha Be-av.
While
the Magen Avraham (7) upholds this custom and suggests that one should
only learn those passages that are permitted for study on Tisha Be-av
(554:1), others (Mishna Berura 8 and the Bi’ur Halacha in the name
of the Maharshal and Gra; Arukh Ha-Shulchan 553:4)
challenge this custom, and even testify that they themselves (Maharshal,
Mishna Berura) learn after midday before Tisha Be-av. Certainly when Tisha Be-av falls
out on Shabbat, when one may even eat meat and drink wine, one who learns
Torah until nightfall is in good company (Taz 553:2, Mishna Berura
10).
Finally, just as one does not recite Tachanun on Tisha
Be-av (Shulchan Arukh 559:1), as Tisha Be-av is called a
mo’ed (Eicha 1:15), Tachanun is not recited at
Mincha on Erev Tisha Be-av (ibid, 552:12).
The
Fast of Tisha Be-av and the Other Fasts
As
mentioned above, the fast of Tisha Be-av differs from the other three
fast days. This is true quantitatively, regarding the length of the fast and the
scope of its prohibitions, but also qualitatively. We noted that on the minor
fast days, in contrast to Yom Kippur, cholim (the sick) are exempt
from the fast. Therefore, not only does the halakha exempt a choleh
she-ein bo sakana, a sick person who’s life is not in danger, from the fast,
there is also no need to eat in small quantities, chatzi shi’ur, as one
must preferably do on Yom Kippur. Moreover, we learned that a pregnant or
nursing woman is also fundamentally exempt from fasting, even though some are
still accustomed to fast.
On
Tisha Be-av, however, only the sick are exempt. Pregnant and nursing
women are obligated to fast, unless fasting poses a danger to the mother or
fetus (Shulchan Arukh 554:5). The Arukh Ha-shulchan (554:7) writes
that pregnant (and nursing) women who are weak, and fasting may lead to illness,
even if not life threatening, are exempt from fasting on Tisha Be-av.
Therefore, a pregnant woman suffering from nausea, anemia (low hemoglobin), high
or low blood pressure, or infection need not fast. Furthermore, a pregnant woman
who fears, justifiably, that fasting may cause a miscarriage, or even bleeding
or early contractions, must certainly break her fast.
Fasting
may be especially difficult for a nursing woman, as nursing causes a woman to
lose fluids; by not drinking, she risks not producing enough milk for her
child. R. Chaim Mordechai Margulies
(1780 – 1820), in his commentary to the Shulchan Arukh, the Sha’arei
Teshuva (554:6), writes that if fasting will affect the quality of the
mother’s milk or diminish it, which may pose a threat to the child, the mother
may eat. Similarly, the Chazon
Ish (see Piskei Teshuvot 554:6) would instruct nursing mothers
who feared that they would not be able to produce enough milk to break their
fast.
We
discussed the laws of a sick person and those who must take medication on fast
days in a previous lecture (http://vbm-torah.org/archive/moadim69/20-69moed.htm).
The
Prohibitions of Tisha Be-av
Bathing
and Anointing
Aside
from eating and drinking, the Talmud (Ta’anit 30a) enumerates the
other prohibitions of Tisha Be-av:
Our
Rabbis have taught: All the restrictions that apply to the mourner apply on
Tisha Be-av: eating, drinking, bathing, anointing, the wearing of shoes
and marital relations, are forbidden thereon.
Although,
as we mentioned above, this passage seems to equate the laws of Tisha
Be-av with the laws of mourning, R. Soloveitchik noted that while a mourner
may wash parts of his body in cold water, on Tisha Be-av one may not even
immerse one’s finger into cold water (Shulchan Arukh 554:7). The
prohibition of “rechitza” (bathing), therefore, is defined by the day’s
being a communal fast day, and not just a day of mourning.
Only washing for “pleasure” is prohibited; one may therefore wash his
body if it is dirty (ibid. 9), after using the bathroom (Kitzur
Shulchan Arukh 124:7), or for medicinal purposes (Shulchan Arukh
554:14). In the morning or upon waking, one may wash netilat
yadayim as usual, pouring the water until the joints at the end of one’s
fingers (Shulchan Arukh 554:10). One may wash in a similar fashion before
prayer (Mishna Berura 21). While preparing food, one may also wet one’s
hands (ibid. 19).
One
who experiences extreme discomfort from lack of washing, known as an
“istenis,” may wash his face (Mishna Berura 22).
In a previous lecture
(http://vbm-torah.org/archive/moadim69/20-69moed.htm), we discussed brushing
teeth on a communal fast day. We concluded that on an ordinary fast day, one who
experiences discomfort from not rinsing his mouth or brushing his teeth may do
so. On Tisha Be-av, however, as well as on Yom Kippur, we noted
that the Posekim are more stringent. R. Moshe Feinstein (see R. Shimon
Eider’s Halachos of the Three Weeks, p. 19) even suggested that on
Tisha Be-av washing out one’s mouth may be prohibited because of
“rechitza” (bathing). The Minchat Yitzchak (4:109) also prohibits
rinsing one’s mouth, but permits brushing teeth with “powder” in order to reduce
discomfort. Furthermore, he believes that one may clean one’s mouth in order to
pray with “cleanliness.” The Mishna Berura (567:11), however, writes that
even on Tisha Be-av, one who experiences “great discomfort” may wash out
his mouth.
One may dry his hands on a towel and then use the damp towel to clean his
eyes and face, as the towel isn’t wet enough to impart enough water to wet
something else (tofach al menat le-hatpiach) (Shulchan Arukh 554:11). (If
one must actually clean one’s eyes in the morning, it is permitted to do so
normally, as it is no different than washing any other part of the body which
has become soiled.) Furthermore, the Rama (ibid. 14) writes that one may
pre-soak cloths before Tisha Be-av, remove them, and then use them to
clean his face, hands, and feet. Even if one’s intention is for pleasure, this
is permitted because he already squeezed the water out of the cloths.
The gemara (above) also prohibits “anointing” for pleasure on
Tisha Be-av (Shulchan Arukh 554:15). One may therefore not rub
oil, cream, soap, or perfume into his skin. One may, however, rub oil on one’s
skin for medicinal purposes, or use Vaseline for chapped lips or bug repellents
or anti-itch sprays. Moreover, one may use deodorant on Tisha Be-av
(Bi’ur Halakha 554 s.v. sikha), as one’s intention is to prevent
or remove odor. We will discuss whether this same leniency applies to Yom
Kippur in a future lecture.
Wearing
Leather Shoes on Tisha Be-av
In
our upcoming lectures on Yom Kippur this fall, we will discuss whether
the prohibition of “ne’ilat ha-sandal,” wearing shoes, applies only to
leather shoes or to other comfortable materials as well.
Briefly,
while some Rishonim (Ba’al Ha-Maor Yoma 2a s.v.
ve-sandal, for example) rule that one may not even wear comfortable
wooden shoes on Tisha Be-av, and some prohibit wooden shoes but permit
shoes of other materials (Rashi/Tosafot), most Rishonim
(Rif, Yoma 2a; Ran ibid.; Rosh, Yoma 8:7;
Tur 614) rule that only leather shoes are prohibited. Furthermore, while
the Rambam (Hilkhot Shevitat Asor 3:7) does not explicitly
prohibit non-leather shoes on Yom Kippur, he explains the permissibility
of wrapping a cloth around one’s feet, as ”the hardness of the ground reaches
one’s feet and he feels [as if] he is barefoot.”
The
Shulchan Arukh (554:16), ruling leniently, writes:
“The
wearing of shoes” [which is prohibited] refers to [shoes of] leather. However,
[shoes made of] a cloth, or wood, or cork, or rubber are permitted. Wooden shoes
covered with leather are prohibited.
Some
Acharonim (Mishna Berura 614:5 and Arukh Ha-shulchan
614:2-5, for example) suggest that one should be stringent and only wear shoes
through which one can feel the ground. This debate may be especially important
nowadays, when many people wear comfortable shoes made from synthetic
materials.
Marital
Relations on Tisha Be-av
The
gemara (above) prohibits marital relations on Tisha Be-av, just as
they are prohibited for a mourner. R. Yosef Karo, in his Beit Yosef (554)
and in the Shulchan Arukh (554:18), cites the Hagahot Mordechai
(Mo’ed Katan), who rules that one should not even sleep in the same
bed with one’s wife on the night of Tisha Be-av. The Mishna Berura
(27) writes, based upon the Magen Avraham, that one should avoid all
physical contact with one’s wife in the evening, as on Yom Kippur,
although during the day it is permitted. Some (Kitzur Shulchan
Arukh 124:12) prohibit physical contact during the day as well. The
Taz (615:16) disagrees completely and permits physical contact even at
night on Tisha Be-av, and during the day on Yom Kippur. Seemingly,
all would agree that affectionate contact should be avoided during the entire
day of Tisha Be-av.
Next
week we will continue our study of the laws of Tisha
Be-av.