4 – The Ninth of Av (Tish’a B’Av)

    The Sages of the Mishnah state, “Five [tragic] events befell our forefathers on the ninth of Av: it was decreed upon our ancestors that they would not enter the Land, the First and Second Temples were destroyed, [the city of] Beitar was captured, and the city [of Jerusalem] was ploughed over” (Ta’anit 26b).

    The first event happened in the Generation of the Wilderness. Moshe granted the nation’s request and sent twelve spies to survey the Land of Canaan. When they returned, ten of them slandered the Land and “melted the hearts” [cf. Devarim 1:28] of the people, saying that they could not conquer the Land of Canaan because its inhabitants were strong and gigantic. The entire congregation lifted up their voice, and the people wept that night. All the children of Israel complained against Moshe and Aharon, and the entire congregation said to them, “If only we had died in the land of Egypt, or if only we had died in this wilderness! Why is the Lord bringing us to this Land to die by the sword? Our wives and our children will be for prey. Is it not better for us to return to Egypt?” And they said to one another, “Let us appoint a leader and let us return to Egypt”(BeMidbar 14:1-4).

    Granted, Yehoshua and Calev rebuked them, saying, The Land is very, very good. If the Lord desires us, He will bring us to this Land and give it to us, a Land that flows with milk and honey. Only, do not rebel against the Lord, and do not fear the people of the Land, for they are [like] our bread; their protection has left them, and the Lord is with us; do not fear them(ibid. 14:7-9). Nonetheless, the people did not accept their words. On the contrary, The entire congregation said to stone them with stones(v. 10).

    The Sin of the Spies was worse than the Sin of the Calf on many levels. When the Jews made the Golden Calf, they did not completely reject God and Moshe; they merely erred, thinking that Moshe disappeared and that HaShem would no longer reveal Himself to them manifestly. Therefore, they felt it necessary to search for a “god” that could serve as an intermediary between themselves and the Creator. Consequently, the Holy One, blessed be He, forgave the Jews for this sin. When it came to the Sin of the Spies, however, the Jews denied God’s ability to operate in this world and help them conquer the Land. They also betrayed the main mission for which the world was created and the Jews were chosen – to reveal God’s Shechinah in this world, by way of Eretz Yisrael. Therefore, HaShem did not pardon the Sin of the Spies; rather, He decreed that all those who participated in the sin must die in the desert. Only Yehoshua bin Nun and Calev ben Yefuneh, who refused to join in the sin, were privileged to enter the Land.

    That night, when the congregation wept and showed disdain for the Desirable Land, was the night of Tish’a B’Av. HaKadosh Baruch Hu said, “You wept in vain; I will establish for you weeping for all generations” (Sanhedrin 104b). At that moment, it was decreed that the Beit HaMikdash would be destroyed (Midrash Tanchuma, Shelach).

    The Sin of the Calf caused a breach in the wall of faith; consequently, the walls of Jerusalem were breached, and the crack [that had formed] in the Torah’s glory and the Temple service split asunder. The Sin of the Spies destroyed the fundamental belief in Israel’s mission to sanctify God’s name in this world, and all of its resultant troubles signify the nullification and destruction of our ability to consistently reveal holiness in the Land. First, it was decreed, on Tish’a B’Av, that the Generation of the Wilderness would not enter the Land, and since we did not subsequently rectify the Sin of the Spies, both Temples were destroyed. We failed to rectify the sin after that, as well, so the city of Beitar was destroyed when Bar Kochva’s rebellion faltered, and Jerusalem was ploughed over. All of these tragic events prevented the Shechinah from being revealed in the Land, and that is why we mourn and fast on Tish’a B’Av.

    5 – The Fast of Gedalyah (Tzom Gedalyah)

    On the third of Tishrei, Gedalyah ben (son of) Achikam was killed. After the First Temple was destroyed and most of the Jews were exiled to Babylonia, the king of Babylonia appointed Gedalyah ben Achikam as the leader of the remaining Jews of Judea. [Am Yisrael as a whole] pinned its hopes on these remnants, [reasoning] that if they managed to establish themselves in the Land, they could rebuild the Beit HaMikdash and reestablish Jewish sovereignty, together with those who [eventually] return from Babylonia after the seventy years [of exile]. Indeed, for some time it seemed that the meager population that remained in the Land was recovering from the churban and cultivating its fields and vineyards.

    However, the king of Ammon, who wanted to eradicate the remnant of Israel, sent Yishmael ben Netanyah to murder Gedalyah. Yishmael had an additional, personal reason to carry out the scheme: he was a scion of the Judaic dynasty, and he thought that he deserved the privilege of ruling over Judea, instead of Gedalyah ben Achikam. Several of Gedalyah’s generals warned him about Yishmael and even recommended killing him before he succeeded in carrying out his plan. But Gedalyah didn’t believe them, accusing them of maligning Yishmael. It came to pass in the seventh month, that Yishmael son of Netanyah son of Elishama, of the royal seed, along with the king’s captains and ten men, came to Gedalyah son of Achikam at Mitzpah; and they ate bread together there at Mitzpah. Then, Yishmael son of Netanyah and the ten men who were with him arose and struck Gedalyah son of Achikam son of Shafan by the sword, and killed him… along with all the Jews who were with him… and the Chaldeans who were found there(Yirmiyah 41:1-3). This extinguished the last ember of Jewish rule in Eretz Yisrael and consummated the exile. This is why the prophets declared [the third of Tishrei] a fast day.

    Actually, there is some doubt as to when exactly Gedalyah was killed. The Talmud states that the murder happened on the third of Tishrei (Rosh HaShanah 18b; Yerushalmi, Ta’anit 4:5). However, some Rishonim explain that he was killed on the first of Tishrei, but since the holiday of Rosh HaShanah comes out on that day, [the Rabbis] postponed the fast day until the third of Tishrei[3].

    The Sages also state that the institution of Tzom Gedalyah demonstrates that the death of a righteous individual is tantamount to the destruction of the House of our God (Rosh HaShanah 18b).


    [3]. This is what Rabbeinu Yerucham writes (Netiv 18, beginning of section 2). In accordance with this, the Ibn Ezra and Radak explain that the word chodesh (month) [see the verses above] implies the first of the month, because that is when the month is renewed. [The Rabbis] simply postponed the fast until the third of the month. Even though [the Jews] observed only one day of Rosh HaShanah at that time, [the Rabbis] did not want to [require us to] fast immediately following a holiday. Therefore, they pushed the fast off until the third of Tishrei. And even after [the Jews] began keeping two days of Rosh HaShanah, the fast remained on the third of Tishrei. See further sources on this in Torat HaMo’adim 1:2 (p. 8). The author of Responsa Rosh Yosef holds that since Tzom Gedalyah is observed on a day other than its true date, its laws are more lenient [than those of the other fasts]. Hence, one who celebrates a brit milah [on the third of Tishrei] may eat a festive meal and need not make up the fast. The Taz (sec. 549), however, dismisses his words, as does the Bi’ur Halachah (ibid.), based on the Ritva. Their reasoning: even if we say that Gedalyah was actually killed on the first of Tishrei, since the fast was established on the third of the month, it is not considered “postponed.” Rather, that is its [proper] date.

    1 – The Current Status of the Minor Fasts

    When the prophets instituted the four fasts after the destruction of the FirstTemple, they modeled them after the fast of Yom Kippur, which is how the Rabbis usually enact decrees, modeling them after the Torah’s commandments.  Since Yom Kippur lasts an entire day, [the prophets] instituted the four fasts [as full-day fasts], and since there are five prohibitions on Yom Kippur – eating and drinking, bathing, anointing, wearing [leather] shoes, and marital relations – they prohibited the same things on the fasts commemorating the churban.  This is how [the Jews] observed these fasts throughout the seventy-year Babylonian exile.

    When the exiles returned from Babylonia to build the Second Temple, these fasts were canceled and transformed into joyous days, as it says, Thus says the Lord of Hosts, “The fast of the fourth [month] (Tammuz), the fast of the fifth (the ninth of Av), the fast of the seventh (the third of Tishrei), and the fast of the tenth (the tenth of Tevet) will be to the House of Judah for joy and for gladness, and for festive days; love truth and peace” (Zecharyah 8:19).

    And when the SecondTemple was destroyed, the Jews went back to observing the very same fasts, keeping them throughout the difficult years following the second churban, during which Bar Kochva’s rebellion and the destruction of Beitar and Judea took place.  Thus, the status of these fasts depends on our national situation: at a time of evil decrees and persecution, we are obligated to fast, but when the Temple is standing these fasts become days of joy and gladness.

    In the intermediate situation – when the Temple is destroyed, but we are not plagued with harsh decrees, as was the case during R. Yehudah HaNasi’s lifetime – the status of these fasts depends on the will of the Jewish people: “If they want to fast, they do so; if they do not want [to fast], they do not fast.”  This is the law regarding the tenth of Tevet, the seventeenth of Tammuz, and Tzom Gedalyah.  Regarding Tish’a B’Av, however, the matter does not depend on the nation’s will, and everyone is obligated to fast, even in the intermediate situation, because both Temples were destroyed on that day (Rosh HaShanah 18b).

    In practice, the Jewish people are accustomed to observing all the fasts, even in the intermediate situation.  Therefore all Jews are obligated to fast on these days.  This is the halachah until the Beit HaMikdash is rebuilt, speedily in our days, when the fast days will become joyous festivals.[1]


    [1]. The following is the wording of the Gemara, Rosh HaShanah 18b:

    Rav Pappa said, “This is what [the verse] is saying: When there is peace, [these days] will be for joy and for gladness; when the kingdom [issues evil] decrees [against the Jews], [they are] fast days; when there are no governmental decrees, but [also] no peace – if [the Jews] want to fast, they do so, [and] if they do not want [to fast], they do not fast.”  If so, Tish’a B’Av should be [treated] the same!  Says Rav Pappa, “Tish’a B’Av is different, because troubles abounded on that day, as the master said, ‘On Tish’a B’Av, both Temples were destroyed, Beitar was captured, and the city [of Jerusalem] was ploughed over.’ ”

    According to Rashi, the definition of “a time of peace” – when the fasts are canceled – is when the nations of the world have no dominion over the Jews.  If so, it is possible that [Jews living] in the State of Israel are exempt from fasting.  However, most Rishonim – the Ramban, the Tur, and others – hold that “a time of peace” means when the Beit HaMikdash is built.  Therefore, even after the establishment of the State of Israel, our status is that of the intermediate situation, and we are obligated to fast, based on Jewish custom.  The Rishonim also disagree on when exactly one is obligated to fast according to the law.  The Ramban holds that it is when [the Gentiles enact] harsh decrees against the Jews; while Rashi, the Tur, and the Tashbetz claim that it is [specifically] when there is religious persecution (gezeirot shmad), meaning decrees that prevent us from fulfilling the Torah.  Their dispute stems from variant readings of the Gemara in Rosh HaShanah 18b.  (I wrote [above] simply that the fasts returned to their obligatory status after the second destruction.  However, the Chatam Sofer, OC 157, writes that [the Jews] began fasting already before the churban, once the Sanhedrin went into exile, as is clear from Josephus.  This shows that despite the existence of the HolyTemple, the status of the decrees is what determines the obligation to fast.  Perhaps this supports Rashi’s opinion.)

    2 – The Laws of the Minor Fasts

    As we have already learned, since we no longer suffer from harsh decrees and religious persecution, and on the other hand, the HolyTemple is still in ruins, the status of the minor fasts currently depends on the will of the Jewish people.  Just as the very obligation to fast depends on Israel’s desire, so do the [other] laws of the fast.  And when the Jews accepted upon themselves to fast during the intermediary period, they did not agree to treat these fasts as strictly as the Yom Kippur fast.  This is the fundamental difference between the three minor fasts and Tish’a B’Av.  Because so many troubles befell us on the ninth of Av, we are obligated to fast on that day even during the intermediary period, and its laws remain as originally established: i.e., the fast lasts an entire day and we are enjoined – among other things – to afflict ourselves by not bathing, applying ointments, wearing shoes, and engaging in marital relations, just like on Yom Kippur.

    However, the laws of the other fasts that were instituted as a result of the churban are more lenient.  We fast only during the day and we are only prohibited from eating and drinking, not bathing etc.

    Another difference: pregnant and nursing women must fast on Tish’a B’Av; only the infirm are exempt.  On the three minor fasts, however, even pregnant and nursing women who are healthy are exempt from fasting, because when the Jews originally agreed to fast on these days, they decided to be lenient with these women, [ruling that] they need not fast (SA OC 550:1-2).[2]

    Preferably, one should act strictly and refrain from bathing in hot water during the fast, but one may wash in lukewarm water for purposes of cleanliness.  It is also inappropriate to take a haircut, listen to joyous music, or shop for things that make one happy during the fast.[3]


    [2]. During periods of harsh decrees, are we obligated – on a practical level – to treat all the fast days like Tish’a B’Av?  Seemingly, according to the Gemara in Rosh HaShanah, 18b (which we quoted above), during periods of harsh decrees, like the Crusades, the Spanish Inquisition, the Cossack riots, and the Holocaust, the Jews were obligated to fast on the three [“minor”] fasts as they did on Tish’a B’Av.  However, we do not find that the Rishonim mention such an idea.  Even the Ramban writes, in Torat HaAdam (p. 243, Chavel edition), that [the Jews] already decided, put into practice, and accepted upon themselves to fast, adding, “All the more so in our generation, for due to our numerous sins, the Jews suffer hardships and there is no peace.  Therefore, everyone must fast.”  Nonetheless, he does not say that one needs to fast an entire day.  On the contrary, he concludes, “Go see what the people do.”  Apparently, he means to say that the custom is to treat them like minor fasts.  This is how the Shulchan Aruch codifies the halakha (OC 550:2).  Perhaps the reason is that after the harsh decrees that followed the second destruction ceased, the obligation to fast on the three [minor] fasts fell away and they became dependant on the nation’s will, and [the Jews] agreed to fast only during the day.  And since this is what they accepted, the original institution was totally nullified, [to the degree] that even if decrees once again arise they will fast only during the day.  The Gra writes similarly in his commentary [on the Shulchan Aruch, saying] that R. Yehudah HaNasi detached the three fasts from these stringencies, because he saw that the Jews of his time no longer suffered hardships; see there.

    However, some [authorities] maintain that Jews must observe full-day fasts in every generation during periods of [anti-Jewish] decrees and religious persecution.  This seems to be the simple understanding of the Talmudic discourse as explained by the Ramban and the other poskim.  That is, whenever there are [harsh] decrees, the obligation to fast returns to its original status and the three fasts take on the laws of Tish’a B’Av.  The Tashbetz (2:271) concurs, but he writes that if the persecutions affect part of the Jewish people, only they need to fast an entire day.  It is possible, though, that even they are [exempt from this stringency, seeing that they are considered] “under duress” because of the persecutions.

    The Shelah writes in Tractate Ta’anit (Ner Mitzvah 6) that it would have been appropriate to act strictly [and treat] all three fasts like Tish’a B’Av, but we do not impose an enactment upon the people unless they can bear it.  Therefore, [the rabbis] ruled strictly only with regard to Tish’a B’AvSefer HaPardes, attributed to Rashi, indicates that an individual who feels that he can tolerate it should fast an entire day on all the fasts.  He concludes that it is good to act strictly only in the area [of eating], while it is unnecessary to observe the other afflictive prohibitions; and if one wishes to act strictly, he should do so in private, to avoid arrogance.  The Magen Avraham and many other Acharonim mention this [ruling].  Apparently, they understood that since [evil] decrees existed in their times, it was appropriate to act strictly on the three fasts, but [the masses] did not conduct themselves in this manner.  Therefore, individuals who are capable of acting strictly should do so.  The reason [Sefer HaPardes] ruled leniently regarding the other restrictions is that their status is more lenient from the start.  After all, many poskim maintain that these restrictions are not forbidden by Torah law even on Yom Kippur.  The Magen Avraham and Mishnah Berurah (550:6) write that the only area in which one should not be strict is wearing shoes, because it would look ridiculous [to walk around without shoes when everyone else is wearing them], implying that it is good to act stringently in the areas of washing, anointing, and the like.  I believe that their reasoning is based on the fact that there were so many [harsh] decrees, as I wrote above, and the Sha’ar HaTziyun (9) concurs.  (See Rabbi Karp’s Hilchot Bein HaMetzarim 1:8, where he makes an inference from the words of the Gra.  In my humble opinion, however, he did not read the words of the Shelah and the Acharonim carefully enough, thinking that they ruled stringently even in the intermediary situation, when it appears that they were strict only because of the [harsh] decrees [that prevailed at the time].  See also Piskei Teshuvot 550 6-7, [and note] 22.)

    Either way, in our times, after the establishment of the State of Israel (with God’s help), it seems that there is no reason whatsoever to act strictly.  We are obligated to fast, regardless of the nation’s will, only when there are [harsh] decrees, according to the Ramban, or religious persecutions, according to the Tashbetz and the Tur.  If there are no such troubles, however, everyone agrees that we do not have to fast [on the three minor fast days] as we do on Tish’a B’Av.  And even if we explain that the Shelah meant to say that the Jewish people would have accepted [the three fasts] as full fasts, if they were able to do so, even in the intermediary situation, which depends on Israel’s will, and therefore individuals should fast the entire day; nevertheless, there is no room whatsoever to be strict in the current State of Israel, where – thank God – we are not even subjugated to the nations of the world.  After all, Rashi holds that the fasts are completely nullified when we are free from the yoke of the nations.  Albeit, most Rishonim disagree with Rashi (see note 1, above), but it is impossible to transform a situation which Rashi considers joyous into one of completely obligatory fasting.  Therefore, there is no room to be strict and fast an entire day and observe the other afflictive prohibitions on the three fasts as is done on Tish’a B’Av.  This goes against what is written in Torat HaMo’adim (1:4) and Hilchot Chag BeChag (1:3).

    [3]. The Shulchan Aruch (550:2) rules that one may bathe on the minor fasts.  The majority of poskim agree, and the halakha follows their opinion.  Tosafot (Ta’anit 13a, s.v. ve’chol) quotes the Ra’avyah as saying that one may even bathe in hot water, [adding that] Rav Yoel, his father, prohibits the use of hot water.  Several other Rishonim and Acharonim mention this stringency.  The author of Torat HaMo’adim (1:6) cites the sources.  Two possible explanations can be given for this stringency: 1) [The rabbis] introduced it at a time of harsh decrees.  If so, there is no room to adopt it nowadays, as explained in the previous note.  2) [It was enacted] in order to ensure that the three fasts are not more lenient than the Nine Days, on which we do not bathe due to our mourning over the churban.  This reason is mentioned in Bi’ur Halachah (551:2, s.v. meRosh Chodesh) and Sha’ar HaTziyun (550:8) in the name of Eliyah Rabbah, Ateret Zahav, and Pri Megadim.  One who wishes to be strict in this matter should observe all the customs of the Nine Days, [which include] not listening to joyous music, not taking haircuts, not reciting the SheHechiyanu blessing if possible (see below 8:7; KHC 551:209).  No one has a custom to refrain from doing laundry (perhaps because the anguish [generated from keeping] such a custom [is felt only after] an extended period of time, having no significance [if kept for just] one day).  It is appropriate to avoid majorly joyous events, like dances, even on the night of a fast.  Regarding weddings, however, there are varying opinions.  After all, since weddings involve [the fulfillment of] a mitzvah, they may be permitted on the night of a fast.  (See also Piskei Teshuvot 550:7; Mikra’ei Kodesh, [by R.] Harrari, 3:9-10, with notes.)  Nonetheless, on the night of the seventeenth of Tammuz, one should follow the more stringent opinion, because the Three Weeks [begin then] and it is not fortuitous [to hold such events] during that period (below, 8.1; Piskei Teshuvot 551:7).  Some authorities forbid one to wash even in cold water on the minor fasts.  In practice, however, it seems that even one who wants to act stringently [in general] may be lenient and wash in lukewarm water, for one may be lenient on this issue even during the Nine Days, as we will explain below, 8.19.  It is a mitzvah to bathe in hot water in honor of the Sabbath (SA 260:1); therefore, if [one of these] fasts falls out on a Friday, one should bathe in hot water.

    3 – The Duration of the Minor Fasts

    The minor fasts last from daybreak (alot hashachar) to the emergence of the stars (tzait ha-kochavim).  Alot hashachar is when the first light begins to appear in the east.  Tzait ha-kochavim is when three medium-sized stars are visible in the sky.  There are different opinions as to when exactly alot hashachar occurs – either when the first light begins to appear in the east (when the sun is 17.5 degrees below the horizon) or a short time later, when the eastern sky is illuminated (when the sun is 16.1 degrees below the horizon).

    There are also two major opinions regarding tzait hakochavim.  It occurs either when experts and those with excellent eyesight can see three stars (when the sun is 4.8 degrees below the horizon) or when regular people can see three stars (when the sun is 6.2 degrees below the horizon).

    There is a common mistake that people make regarding this issue.  They think that there is a set interval between alot hashachar and sunrise and between sunset and tzait hakochavim, which is not true.  Rather, these intervals depend on the time of year and the place.  Therefore, one should use a precise calendar.[4]

    According to the letter of the law, we should follow the more lenient opinion, because these fasts are Rabbinic enactments.  However, it is best to act strictly.  Since we are already fasting all day long, it is preferable to add a few extra minutes in order to fulfill our obligation according to all opinions.

    When the Tenth of Tevet falls out on a Friday, one must fast until after tzait hakochavim, even though Shabbat has already begun by then (SA 249:4).

    One who flies from America to Israel will fast less time, because he is flying in the opposite direction of the sun.  Every hour in flight shortens the fast by more than half an hour.  If he flies from Israel to America, he will fast longer, because he is flying in the same direction as the sun.  Every hour of flying adds more than half an hour to his fast.  The rule is that the fast starts at alot hashachar and ends at tzait hakochavim, according to the place in which one finds himself at that time (Iggrot Moshe, OC 3:96).


    [4]. Regarding alot hashachar, see Peninei Halachah, Prayer, chap. 11, notes 1 and 10.  Regarding tzait hakochavim, see ibid. 25:5, note 3.  [I will give some examples] in order to give the reader an idea [of the differences]:  According to the 16.1° measurement, the interval between alot hashachar and sunrise in Eretz Yisrael on Tzom Gedalyah is around 73 minutes, while it is around 86 minutes on the Seventeeth of Tammuz.  According to the 17.5° measurement, it’s around 80 minutes on Tzom Gedalyah, and around 94 minutes on the Seventeenth of Tammuz.  I wrote “around” because the solar-calendar day on which the Hebrew date falls changes from year to year and this change can make a difference of up to two minutes.  In Israel’s coastal plain, the sun rises later, because the mountains [in the east hide the sun longer].  Therefore, the interval [between alot hashachar and sunrise] increases by about five minutes.  The interval between sunset and tzait hakochavim also fluctuates according to the time of year, but the difference is smaller.  There is also a considerable difference between the mountains and the plains.  According to the earlier measurement (4.8°), the interval [between sunset and tzait] in Jerusalem on Tzom Gedalyah can be as short as 14 minutes.  And according to the later measurement (6.2°), the interval in the coastal plain on the Seventeeth of Tammuz can be as long as 29.5 minutes.  This is why one must use a precise calendar.  In the footnotes cited above from Peninei Halachah, Prayer, I explain the issue thoroughly.

    4 – May One Eat and Drink if He Arises Before Daybreak?

    Even though the fast starts at alot hashachar, the prohibition to eat sometimes begins the night before.  If one has in mind not to eat anymore until the beginning of the fast, it is considered as if he accepted the fast upon himself, and he may not eat.  Therefore, one who goes to sleep the night before a fast and wakes up before daybreak may not eat, for he has already taken his mind off of eating.  However, if he stipulates mentally before going to sleep that he will eat something if he wakes up before alot hashachar, he may eat, because he has not yet accepted the fast upon himself.

    All this is true with regard to eating, but the poskim debate the issue of drinking.  According to the Rama, one may drink even if he did not make an explicit stipulation before going to sleep, because many people take a drink of water when they wake up, and it is therefore as if he had intention to drink if he wakes up before daybreak.  The Shulchan Aruch (564:1), however, holds that there is no difference between eating and drinking, and only one who stipulates, before going to sleep, that he will drink some water when he rises before daybreak may drink.  In practice, one who wants to drink before the fast begins should make a mental stipulation to this effect, but be’di’avad, one who wakes up before alot hashachar and is thirsty may drink, even if he failed to stipulate (see MB 564:6, KHC 10).[5]


    [5]. The relevant Talmudic discussion is found in Ta’anit 12a.  The reason for the prohibition is that one [who goes to sleep] takes his mind off of eating, and since these fasts were originally intended to begin at night, as we explained in the first halakha, one who takes his mind off of eating is as one who accepts the fast.  (See Ran 4:1, s.v. “yerushalmi,” who mentions this rationale with regard to saying Aneinu at night, even when one fasts only during the day.)  Making a stipulation helps, as the Yerushalmi indicates (Ta’anit 1:4).  See Torat HaMo’adim 1:5 for a summary of the topic.

    With regard to drinking water, since the dispute is over a Rabbinic law, the halakha follows the more lenient opinion.  Moreover, it seems that the Rif agrees with the Rosh who rules leniently.  The Taz (2) also concurs.  Nonetheless, it is best to stipulate, as the Magen Avraham (564:2) and Mishnah Berurah (6) write.  Kaf HaChayim (10) cites several Acharonim who say that one who has a craving to drink may do so.

    Tangentially, I would point out that regarding the prohibition of eating before Shacharit on a regular day, one is allowed to eat until alot hashachar, and one may start a meal a half-hour beforehand.  According to the custom of the kabbalists, however, one should not eat anything before praying in the morning, assuming one slept a substantial amount of time (KHC 7).  But even the kabbalists act leniently when it comes to drinking.

    5 – Rinsing One’s Mouth

    Ideally (le-chatchila), one should not wash one’s mouth on the minor fasts, because there is concern that one might swallow drops of water.  However, one who detects that his breath smells bad may wash out his mouth, because he has no intention to drink, only to clean his mouth.  Still, he should be very careful not to swallow any water.  One may use toothpaste in order to clean out his mouth thoroughly and remove a bad smell, if not doing so causes him distress.

    Tish’a B’Av is a stricter fast, which entails a prohibition against washing oneself.  Therefore, one should act more stringently and, unless it is very necessary, not rinse his mouth.  Only someone who would be greatly distressed may wash out his mouth and brush his teeth, without toothpaste, even on Tish’a B’Av.  On Yom Kippur, however, when one must fast according to Torah law, one should not be lenient.[6]


    [6]. True, the Shulchan Aruch (567:3) writes that one should not rinse one’s mouth on a fast day, but many Acharonim, including the Mishnah Berurah (567:11), state that it is permitted, if not doing so would cause distress.  And it is even permitted on Tish’a B’Av, if the suffering is great.  We are more sensitive today, and refraining from washing out one’s mouth causes most people distress.  Therefore, such people may wash their mouths.  Regarding toothpaste, see Berachot 14a: “One who is fasting may taste [food], without any issue.”  Most Rishonim understand that the Gemara is talking about tasting without swallowing, in order to know how the dish tastes [and whether it needs more salt or the like], but it is forbidden to swallow.  There is also debate as to which fast day is at issue.  According to the Rosh, the Gemara is talking about any communal fast (except Tish’a B’Av), and the Shulchan Aruch (567:1) agrees.  Tosafot hold that the Sages permitted tasting only on personal fast days, not on communal ones.  The Rama writes that the custom is to act strictly and not to taste anything on a fast day.  However, the Mishnah Berurah (567:6) writes that one may be more lenient if [the tasting] is for the sake of a seudat mitzva (a religious meal).  All the more so, one who suffers when he does not brush his teeth with toothpaste may act leniently.  Perhaps even the Rama would agree with this, because the person has no intention to taste [the toothpaste], only to clean out his mouth.  Tish’a B’Av is more stringent, because washing in general is forbidden on the day, included in which is washing one’s mouth.  Nonetheless, someone who is greatly distressed may wash [his mouth], but without toothpaste, because even the Rosh who rules leniently on the issue of tasting food on a fast day forbids it on Tish’a B’Av.  We rule even more strictly regarding Yom Kippur, because its prohibition is Torah-based, and one is forbidden by Torah law [to eat] even less than the proscribed amount [for which one receives punishment].  See further: Torat HaMo’adim 1:10-11, Mikra’ei Kodesh (Harari) 3:5, and Piskei Teshuvot 567:1.

    6 – One Who Forgets it’s a Fast Day

    One who accidentally eats or drinks on a fast day must continue fasting, because these days were instituted as fast days due to the troubles that occurred on them.  Even if one eats or drinks enough to be considered as one who broke his fast, thus forfeiting the ability to say Aneinu in Shemoneh Esrei (as we will explain in halakha 9, below), he is still forbidden to eat or drink.  After all, one who committed one sin is not allowed to commit a second (SA 568:1).  In such a scenario, the person does not have to fast a different day to make up for the fast he broke, because we are obligated to fast specifically on the days that our Sages established for fasting.  Indeed, some people have a custom to accept upon themselves another fast to atone for the one that they broke, but one is not obligated to do so (MB 568:8).  It is better to atone for this by giving more charity and learning more Torah.

    The poskim debate the halakha of one who forgets that it is a fast day, makes a blessing over a cup of water, and then remembers the fast.  Some say that the prohibition of making a blessing in vain is of Biblical origin, while drinking on a fast day is only a Rabbinic injunction.  Therefore, it is preferable to take a small drink in order to save oneself from saying a blessing in vain.  Others maintain that since most Rishonim hold that a blessing in vain is a Rabbinic prohibition, it is better not to drink at all.  In addition, it is improper to fix one sin by committing another one.  It seems [to me] that this is the course of action one should take.[7]


    [7]. The authors of Birkei Yosef (beginning of 568) and Yabi’a Omer (vol. 2, YD 5) write that one should drink a little, because the Shulchan Aruch rules (215:4) that making a blessing in vain is a Torah prohibition.  However, the majority of Rishonim hold that this prohibition is Rabbinic.  Besides which, these fasts days are mi-divrei kabbalah (instituted by the prophets), and some say that such mitzvot have the status of Torah law.  Furthermore, it is possible to say that these fasts have a Torah aspect to them by the fact that they are like vows.  Moreover, it is better to commit a sin passively than to do so actively.  This is how the authors of Da’at Torah (568:1) and Kaf HaChayim (568:16) rule.  Similarly, the Mishnah Berurah (515:5) rules that one who recites a blessing over muktzeh food on yom tov should not eat it.

    7 – The Infirm are Exempt from Fasting

    When the Prophets and Sages instituted these fasts, they did so for healthy people, not for the sick.  This is the difference between Yom Kippur and all other fasts.  On Yom Kippur, even the infirm are obligated to fast, because it is a Biblical command.  Only people whose lives may be in danger if they fast are exempt, for the preservation of human life overrides the Torah’s commandments.  On the other fasts, however, which were instituted by the Rabbis, anyone who is sick, even if his condition is not life-threatening, is exempt from fasting.

    In general, people whose pain or weakness precludes them from continuing their regular routine of life, forcing them to lie down, are considered sick.  For example, those who have the flu, angina, or a high fever need not fast.

    Almost everyone develops a headache and feels weak on a fast day, and most people find it easier spending the day in bed than continuing to function normally.  Sometimes, a person who is fasting even feels worse than a flu sufferer.  Nonetheless, such feelings are not considered a sickness, rather the natural effects of fasting, which will pass within a few hours after the fast is over.  Therefore, only one who needs to lie down because of an illness is exempt from fasting.  One who suffers from the fast itself, however, must continue to fast even if his weakness causes him to prefer to lie down in bed.  Only one who becomes so weak from the fast that he leaves the category of a suffering faster and enters that of the infirm may break his fast.

    In addition, anyone who knows that fasting can cause him to fall ill need not fast.  For example, someone who suffers from an active ulcer or severe migraines is exempt from fasting, because it is liable to precipitate his illness.  Similarly, a weak person who knows that there is a good chance that he will become ill if he does not eat is exempt from fasting.  Diabetes sufferers who need to take insulin need not fast, and some of them are even exempt from fasting on Yom Kippur.  Those who have kidney stones are exempt from fasting, because they have to drink a lot of water.  A person with high blood pressure is not considered sick and should fast, unless his doctor instructs him otherwise.  Whenever in doubt, consult a God-fearing doctor.[8]

    One who is exempt from fasting because of an illness may, le-chatchila, eat a full meal and drink as much as he needs starting from the morning, but it is appropriate not to indulge in delicacies.  Such a person need not eat a little at a time, as is the rule on Yom Kippur.  Since that fast is Torah mandated, and even the sick are obligated to fast, the Rabbis were strict with those who are dangerously ill and need to eat, demanding that they eat less that the proscribed measure, if possible, to avoid breaking the fast.  On the Rabbinic fasts, however, the infirm are not commanded to fast and they therefore need not eat a little at a time.[9]

    It is also important to note that sick people who need to take medicine regularly, like a person who has started a regimen of antibiotics or one who suffers from a chronic disease, must continue taking their medicine even on a fast day.  If possible, one should swallow it without water.  Realize that almost no medicine, including antibiotics, does any harm to those who take it without water.  One who cannot swallow pills without water should add something bitter to the water, until it becomes undrinkable, and use it to swallow the pill.


    [8]. Regarding the various illnesses, I enlisted the aid of Rabbi Professor Steinberg, author of The Halachic Encyclopedia of Medicine.  Some say that there is a difference between Tish’a B’Av and the other, minor fast days.  On Tish’a B’Av, only someone who is actually sick or liable to become sick because of the fast is exempt.  On the minor fasts, however, even someone who is in great pain, significantly more than other people, is exempt from fasting.  This is derived from the law of pregnant or nursing women.  After all, they are not considered sick and they are obligated to fast on Tish’a B’Av and exempt from the minor fasts.  Accordingly, the Aruch HaShulchan (550:1) writes that one who is weak should not be strict and fast on the minor fasts, only on Tish’a B’Av.  The Kaf HaChayim (550:6, 554:31) concurs.  However, many poskim do not make such a distinction, and we can explain [their reasoning as follows].  Chazal exempt only pregnant and nursing women from the minor fasts, because the fetus or baby needs [nourishment], but those who are not sick, just in pain, remain obligated.  Either way, it seems that in intermediate situations, one may act more leniently on the minor fasts than on Tish’a B’Av.
    [9]. Less than the proscribed amount is as follows: drinking less than a cheek full and eating less than a dried date within nine minutes.  See below, chapter 10, note 2, where we cited stricter opinions, mainly regarding Tish’a B’Av, but most poskim follow the more lenient viewpoint.

    8 – Pregnant and Nursing Women on Tish’a B’Av and the Minor Fast Days

    Pregnant and nursing women are obligated to fast on Tish’a B’Av, because only the infirm are exempt from that fast, and pregnant and nursing women are considered healthy, unless they feel unusually weak.  These women, however, need not fast on the minor fast days, for the following reason.  According to the letter of the law, the Prophets ordained that we observe these fasts when Israel is faced with harsh decrees, but when no such decrees exist, it is up to the Jews to decide whether they want to fast or not.  And indeed, the Jews have accepted upon themselves to fast on these days until the Temple is rebuilt, speedily in our days.  However, from the very beginning, the custom has been that pregnant and nursing women do not fast on these days, because it is harder for them to fast.

    In Germany (Ashkenaz), many pregnant and nursing women had a custom to act strictly and fast on the minor fast days.  Perhaps they did so because of the harsh decrees that the Jews suffered there.  In any event, the prevalent custom today, even among Ashkenazi Jews, is that pregnant and nursing women do not observe the minor fast days.  And even if a particular woman wants to act stringently, it is preferable that she not fast if she has a hard time doing so.  From the moment a woman knows she’s pregnant, she is exempt from the fast.[10]

    A nursing woman is exempt from the minor fasts as long as she nurses her child.  Even if the child receives additional nourishment, the mother need not fast as long as she has yet to stop nursing her baby.  Some poskim exempt all women from fasting for 24 months after giving birth, because [in their opinion] the exemption does not depend on nursing but on the hardships of childbirth, from which it takes 24 months to recover.  In practice, most poskim rule strictly and require every woman who has stopped nursing her child to fast even on the minor fast days.  This is the prevalent custom, but one who wants to adopt the more lenient opinion has upon whom to rely, for several great poskim rule leniently on this issue.[11]


    [10]. In general, a woman is considered pregnant when her fetus is visible, which occurs after three months.  Here, however, the Acharonim write that a woman suffers more and is in greater danger of having a miscarriage specifically during the first few months.  Therefore, it would appear that a woman who knows for sure that she is pregnant, based on a test or the like, is exempt from fasting.  However, the author of Mishnah Berurah (550:3) and Sha’ar HaTziyun (ibid. 2) writes that one may [rely on this and] act leniently before the fortieth day of pregnancy only if she is in great pain (for then, she is considered sick).  In my humble opinion, though, [he said this] only because [in those days] women weren’t certain that they were pregnant [until later on], but if one knows for sure that she is pregnant, the danger of having a miscarriage already exists and it is clear that her aches are a result of her pregnancy.  Therefore, she need not fast, as is the law for all pregnant women.  The author of Mikra’ei Kodesh (Harari) writes likewise (1, note 10) in the name of Rabbi Mordechai Eliyahu.

    Rabbeinu Yerucham, Radvaz, and other poskim write that pregnant and nursing women are forbidden to fast on the minor fast days (see Torat HaMo’adim 2:2).  The Rama writes that such women have a custom to act stringently and fast.  The Acharonim (CA 133:6, AHS 550:1) explain that healthy women have the custom to act strictly, while those who experience a little distress need not follow this custom, but they are allowed to fast; and those who suffer greatly are forbidden to act stringently.  Nowadays, the prevalent ruling for Ashkenazi women is not to fast.  See Piskei Teshuvot 550:1, which cites authorities who are extremely lenient, saying that all women who are capable of giving birth are exempt from these fasts, so that they can have strength to give birth.  [Piskei Teshuvot concludes that] some say that [such women] should “redeem” the fast with charity.  Most poskim do not accept this opinion, but one may use it as an additional reason to rule leniently in questionable circumstances.

    [11]. The following authorities rule leniently: Maharsham, Da’at Torah 550; Yechaveh Da’at 1:35.  See the previous note.  On a simple level, however, only one who is nursing is exempt; this is the viewpoint of most poskim.  Rav Eliyahu concurs in Hilchot Chagim 24:35.  For a summary of the various opinions, see Mikra’ei Kodesh (Harari) 1:4.

    9 – Children, Bridegrooms, and Soldiers

    Children who have yet to reach the age at which they are obligated in the mitzvot are exempt from the fasts that the Rabbis instituted.  And the Sages did not require us to train our children to fast for a few hours; they did so only in regard to Yom Kippur, which is Torah-based…  Nonetheless, many have a custom to train their children to fast a few hours, each one according to his or her strength.  But children should not fast all day long (Rama of Panow 111; see KHC 554:23).  When feeding children on a fast day, one should give them only simple foods, in order to teach them to mourn with the congregation (MB 550:5).

    Brides and grooms are obligated to fast on the minor fast days.  Even though they have a mitzvah to rejoice for seven days after their wedding, and they are therefore forbidden to accept upon themselves a private fast, nonetheless, they must observe public fasts, because public mourning overrides private joy.  Moreover, brides and grooms have a special mitzvah to remember the churban (the destruction of the Temple), as it says (Tehillim 137:6), If I fail to raise Jerusalem above my highest joy (Ritva, BH 549:1.  Many authorities are lenient regarding Ta’anit Esther; see below, chap. 14, n. 12).

    The main participants of a brit milah (circumcision) – namely, the father, the sandak, and the mohel – are also obligated to fast.  The same is true of a father who redeems his firstborn son (pidyon ha-ben) on a fast day; he may not eat.  Instead, the custom is to perform the brit or the pidyon towards the end of the fast and have the [festive] meal after the stars emerge.[12]

    Soldiers who are engaged in a defensive operation that is liable to be compromised if they fast should eat and drink as usual so that they can carry out their mission properly.  However, soldiers who are [merely] training must fast.


    [12]. According to the Gra (end of 686), the main participants of a brit and a bridegroom on the day of his wedding do not have to observe the minor fasts.  Most poskim, however, hold that they must fast.  When the fast is postponed, however, the main celebrants may eat after Minchah time [which is half an hour after midday], even if it is Tish’a B’Av.  So says the Shulchan Aruch (559:9).  And even though some authorities rule strictly on the matter, as the Kaf HaChayim (559:74) explains, the majority rules leniently.  The Mishnah Berurah and the author of Torat HaMo’adim (2:5-6) concur.  However, the Aruch HaShulchan (559:9) writes: “Nevertheless, we have not seen or heard of anyone who does this, especially concerning us who eat most of our [festive] meals at night.  [This is true] of all fasts, not only of Tish’a B’Av.  And even if a fast is postponed, we do not partake of a festive meal until nighttime, whether it is for a brit milah or a pidyon ha-ben.  This is the common practice, and one should not act differently.”  See Piskei Teshuvot 549:2.  Since Ta’anit Esther is a more lenient fast, the Sha’ar HaTziyun (686:16) writes that one may rely on the Gra and act leniently.

    10 – The Aneinu Prayer

    The Rabbis prescribed that we add a special blessing for the fast, called Aneinu, in our prayers.  The cantor inserts it in between the blessings of Go’el Yisrael and Refa’einu when he repeats the Shemoneh Esrei of Shacharit and Minchah.  He says it only if there are at least six people in the congregation fasting, and he has to be one of them (SA 566:5).[13]

    Individuals, however, do not say Aneinu as a separate blessing in their silent prayers.  Rather, they insert it in the middle of the blessing of Shomei’a Tefillah (Ta’anit 13b).  There are various customs as to when we say Aneinu.  Some say that one should recite Aneinu in all three prayers of the day.  And even though we do not fast at night, one should say it in Ma’ariv because the day as a whole is called a fast day.  Yemenite Jews and some Sefardic Jews follow this custom.  Most Sefardim say Aneinu only when the fast is in effect.  Therefore, on the minor fasts they say it in Shacharit and Minchah, and on Tish’a B’Av, they say it also in Ma’ariv (based on Razah, KHC 565:17).  Ashkenazi Jews are accustomed to saying Aneinu in Minchah alone, because they are concerned that perhaps someone will say it in Shacharit, become weak during the day, and break his fast.  Then, his statement “on this day of our fast” will turn out to be a lie.  Therefore, they say Aneinu only in Minchah, because one who has fasted this long will probably complete the fast (based on the Geonim and Rashi; Rama 565:3).  Everyone should continue his family custom.

    One who eats less than an olive-sized portion of food or drinks less than a cheek full of liquid is considered to still be fasting and should say Aneinu.  But if one eats or drinks more than that, he has broken his fast and may not recite Aneinu.[14] (Nonetheless, he must continue fasting, as we mentioned above in sec. 6).


    [13]. The Shulchan Aruch (566:3) writes that the cantor says Aneinu only if there are ten people fasting.  However, many Acharonim explain that this is true only if a particular community establishes a day of fasting, but regarding the four fasts that the Prophets instituted, six fasters are sufficient.  See MB 566:14, Torat HaMo’adim 3:12, and Piskei Teshuvot 566:4.  When there are less than six people fasting, the cantor should say Aneinu in the blessing of Shomei’a Tefillah, as an individual does.

    If the cantor forgets to say Aneinu and has not yet said God’s name at the end of the blessing of Refa’einu, he should go back and recite Aneinu [in its proper place].  If, however, he has already said God’s name, he should say Aneinu in the blessing of Shomei’a Tefillah, as an individual does.  And if he forgets to insert it even there, he should say it, without its conclusion [“Blessed are You, O Lord, Who answers in time of trouble”], after “Blessed are You…Who blesses His nation Israel with peace,” before he says, “May the expression of my mouth …” (MB 119:19).  An individual who forgets to say Aneinu in Shomei’a Tefillah should insert it in the supplications that follow the Shemoneh Esrei.  See Piskei Teshuvot 565:2.

    [14]. There are varying opinions on this issue, and the [Chafetz Chayim] writes in his Mishnah Berurah (568:3), citing Nahar Shalom, that one should say Aneinu.  In his Bi’ur Halachah (565:1), however, he cites Ma’amar Mordechai as saying that one who eats on a fast day should not say Aneinu at all.  The author of Shevet HaLevi (5:60) reconciles this contradiction by saying that one who is exempt from fasting should not say Aneinu, while one who eats accidentally should say it, because the fast is [still] relevant to him.  In my humble opinion, however, one can clearly infer from the Ashkenazi custom not to say Aneinu in Shacharit because one may not fast [the entire day] that one who has already eaten should not say it.  Many Sefardim adopt this custom, as Torat HaMo’adim (1:16) writes.  Even one who [merely] intends on eating, but has not yet done so, should not say Aneinu (SA 562:1; see MB ibid. 6).

    It is also unclear how much one needs to eat in order to be considered no longer fasting.  Regarding Yom Kippur, Chazal say that eating food the size of a dried date in the time it takes to eat a p’ras (half a loaf), or drinking a cheek full of liquid, nullifies the pangs of fasting.  However, the Shulchan Aruch (568:1) writes that one who eats an olive-sized portion of food in the time it takes to eat a p’ras has broken his fast, for an olive-size is the standard measure for all [mitzvot or sins related] to eating.  See Piskei Teshuvot 568:1, who explains that the Acharonim debate the matter.  And since there is doubt regarding this issue, it is better to be passive and not say Aneinu if one ate an olive-size of food.

    11 – The Torah Reading for Fast Days

    In Shacharit and Minchah of public fast days, we read the Torah section that describes how God forgave the Jews for the sin of the golden calf (Tractate Sofrim 17:7, SA 566:1).  This symbolizes that just as God forgave us for the sin of the calf and gave us a new set of tablets, so will He forgive all of our sins and rebuild the HolyTemple, speedily in our days.

    Most poskim hold that we read the haftarah of “Dirshu HaShem” (Yeshayah 55) at Minchah, and all Ashkenazim follow this practice (Rama 566:1).  However, most Sefardim do not read a haftarah.  Nonetheless, a Sefardic Jew who is called up third to the Torah in a place where they read the haftarah should read it with its blessings (Yaskil Avdi 6:9; see Torat HaMo’adim 4:2).

    These readings are read only in a place where at least six people are fasting…  One should only call a person who is fasting up to the Torah on a fast day.  If, however, someone who is not fasting was [accidentally] called up to the Torah, and he is embarrassed to say that he failed to fast, he may go up to the Torah.[15]

    Ashkenazim recite the Avinu Malkeinu prayer after the Shemoneh Esrei of both Shacharit and Minchah, while Sefardim do not.


    [15]. The Mishnah Berurah (566:21) cites a dispute as to whether a person who is not fasting can go up to the Torah if called, and he concludes that if the person is a Torah scholar and is worried about disgracing God’s name, he may go up.  The author of Torat HaMo’adim (4:5-6) writes that such a person should not go up to the Torah.  The Chatam Sofer (OC 157), however, maintains that one who is not fasting may [le-chatchila] receive an aliya on mandatory fast days, and the Aruch HaShulchan (566:11) concurs.  Therefore, it seems that anyone who is embarrassed may rely on these authorities and go up to the Torah.  See Piskei Teshuvot (566:4, 7).

    12 – Birkat Kohanim (the Priestly Blessing) During Mincha

    Throughout the year, the kohanim (“priests”) do not lift their hands [to bless the people] during Mincha services, because people [usually] eat a meal before Mincha and we are concerned that the kohanim might bless the people when they are drunk, which is forbidden.  On fast days that have a Ne’ilah service, like Yom Kippur and the fasts [that the Rabbis instituted] for droughts, the kohanim bless the people [during Ne’ilah], because there is no reason to fear that they will be drunk, seeing that it is a fast day.  During Mincha of those days, however, the kohanim do not bless the people for fear that they may mistakenly think that they are supposed to do so on regular days, as well.  Regarding ordinary fast days, on which we do not pray Ne’ilah, [the law depends on when the congregants pray Mincha].  If they pray at the same time that Ne’ilah is usually said [i.e., shortly before sunset], the kohanim bless the people (cf. Ta’anit 26b; SA, OC 129:1).  But if the congregation prays Mincha earlier, Birkat Kohanim is omitted, since it is not the time designated for Ne’ilah.  In such a case, the cantor, as well, omits “Elokeinu v’Elokai Avoteinu,” which is customarily said when no kohanim are present.

    Therefore, it is fitting to call Mincha on fast days for a time that enables people to merit [participating] in the mitzvah of Birkat Kohanim.  Ideally, one should pray Mincha within half an hour of sunset, which is the best time to pray Ne’ilah.  Nevertheless, as long as the congregation prays after plag mincha, the kohanim may lift their hands [and bless the people].  If they pray earlier than that, however, Birkat Kohanim is omitted.[16]

    A kohen who is not fasting should not ascend the platform [to bless the people].  And if there are no other kohanim, some authorities say that he [still] may not go up (KHC 129:5, Torat HaMo’adim 3:4), while others maintain that he should.  [The latter opinion] goes as far as to say that he should go up even if there is one other kohen (Lu’ach Eretz Yisrael; Halichot Shlomo, Tefilla 10:13).  If there are less than six people fasting, no kohen should go up to bless the congregation during Mincha, even if he is fasting (see Piskei Teshuvot 129:2).


    [16]. According to the author of Ginat Veradim, a kohen who is not fasting may nonetheless ascend to the platform [to bless the people] during Mincha of a fast day.  All other poskim disagree.  According to the Chazon Ish (OC 20), kohanim may lift their hands even when praying an early Mincha, for there is no concern that they will be drunk.  However, most poskim hold that Birkat Kohanim is recited only when praying Mincha at Ne’ilah time, which is close to sunset.  The following authorities hold this viewpoint: Rav Poalim (OC 5), KHC (129:7), Luach Eretz Yisrael (by the gaon R. Yechiel Michel Tikochinsky), Piskei Teshuvot (129:1).  Also see Torat HaMo’adim 3:2-4.  The basis for this opinion is the fact that the kohanim do not bless the people during Mincha of Yom Kippur, for [Chazal were afraid that] they might mistakenly do so on a regular day.  The reason they were concerned is that we pray Mincha on Yom K|ippur the same time we pray Mincha on a regular day.  Furthermore, [Mincha time] is close to midday, which is when people eat lunch and are liable to drink [wine], as opposed to Ne’ilah, which is said at the end of the day.  Therefore, on a day that has no Ne’ilah service, the kohanim bless the people during Mincha only if it is said at the time of Ne’ilah.  Nonetheless, everyone agrees that if the kohanim ascend the platform during a Mincha service that is being held before plag ha-mincha, they need not descend.  Many authorities rule this way with regard to Mincha of Yom Kippur.  Plag ha-mincha is 1.25 hours before the end of the day, calculating each hour as one-twelfth of the day.  There is a dispute whether the day ends at sunset or when the stars emerge (tzait ha-kochavim); see Peninei Halakha, Prayer, chap. 24, note 9.  Regarding our issue, we calculate plag from sunset, as explained there, chap. 20, note 3.

    If the cantor’s repetition of the Shemoneh Esrei continues until after sunset, the kohanim are permitted, be-di’avad, to lift their hands [and bless the people] up until tzait ha-kochavim, for there is a combination of uncertainties here: 1) According to Ra’avyah, Sefer Yerayim, and Or Zaru’a, kohanim are allowed to bless the people at night.  2) Twilight is possibly still daytime.  3) Rabbeinu Tam holds that the period after sunset is definitely daytime, and [the following poskim agree with him]: Shulchan Aruch HaRav (623:8); Piskei Teshuvot (623:13), quoting Rav Shlomo Zalman Auerbach and Rav Elyashiv.  The authors of Yechaveh Da’at (6:40) and Or Le-Tziyon (vol. 2, 8:13) concur, adding that [this period lasts] 13.5 minutes after sunset.

    1 – The Meal Before the Fast (Seudah HaMafseket)

    One may not eat two cooked dishes during the last meal before the fast of Tish’a B’Av(Ta’anit 26b), because that is when our mourning over the churban intensifies, and it is inappropriate, [at such a time], to dignify oneself by indulging in two cooked items. One cooked dish, however, [is permitted, because it] does not involve any special pleasure. It is also forbidden to eat meat or drink wine [at this meal] (ibid.), because these are distinguished foods that make one happy. Indeed, the custom nowadays is to refrain from eating meat and drinking wine from the beginning of Av (see above 8.13); nonetheless, the prohibition to eat these items up until the seudah ha’mafseket is based on a custom from the time of the Rishonim, while the prohibition to eat them during the last meal is Rabbinically ordained. Therefore, a sick person or a postpartum woman, whom meat can strengthen, may eat meat during the nine days, but not at the seudah ha’mafseket[1].

    What is the seudah ha’mafseket? It is the last meal before the fast, eaten after midday. Thus, if one eats his last meal before midday, he may eat two cooked dishes. The prevalent custom is to eat a regular meal, with several dishes, in the afternoon, and then to eat the seudah ha’mafseket, with only one cooked dish, shortly before the fast. One should not be crafty and eat a [full] meal, with several dishes, close to the fast, recite Birkat HaMazone (Grace After Meals), wait a few minutes, and then eat another meal, so that the latter will be considered the seudah ha’mafseket.

    Ex post facto (b’di’avad), however, if the hour is late and one did not manage to eat a full meal in the afternoon, and he is concerned that it will be difficult to fast without eating several cooked dishes beforehand, he may eat a full meal, go to synagogue and pray Minchah, and then return home to eat the seudah ha’mafseket. He should only be careful not to eat so much during the first meal that he has no appetite to eat the seudah ha’mafseket(Sh.A. and Rama 552:9, M.B. 22).


    [1]. Even though a sick person is exempt from fasting on Tish’a B’Av, he should eat only simple foods. Therefore, he should not eat meat or two cooked dishes at the seudah ha’mafseket. See below 10.3, as well as [Hilchot Chag BeChag by] Rabbi [Moshe M.] Karp, 6:4. Only one who receives an explicit medical directive to eat meat or drink wine may do so.

    It should be noted that according to the Gemara, Ta’anit 30a, one is allowed to eat meat preserved in salt and drink grape juice at the seudah ha’mafseket, because they do not bring joy. However, it is obvious that since the custom is to forbid [all types of meat and wine] starting from the first of Av, one may not eat these items at the seudah ha’mafseket.

    2 – Which Foods are Prohibited?

    During the seudah ha’mafseket, one may eat an unlimited amount of raw foods, like fruits and vegetables. If one cooks them, however, they are considered a cooked dish, despite the fact that they are edible without cooking.

    Cheese, yogurt, butter, and all other milk products that undergo pasteurization are not considered cooked, because they are boiled for health reasons, not in order to improve their taste (Sh.A. 552:4, Ba’er Heiteiv 5, K.H.Ch. 13).

    If one cooks carrots and potatoes together, he may not eat both species [during the seudah ha’mafseket], because they are [considered] two cooked items. Rather, he should eat either of the two. Similarly, noodles cooked with cheese, or lentils cooked with eggs, constitute a mixture of two cooked foods and may not be eaten together. Even if one prepares two dishes using the same food item, the only difference being that one is made thin and the other thick, they are considered two cooked dishes. Similarly, hard-boiled and soft-boiled eggs are considered two dishes. However, a dish that is typically made by mixing two food items, one of which is the main ingredient while the other [merely] adds taste – like rice made with a touch of onions – is considered one dish (Sh.A. 552:3).

    The prohibition applies to both cooked and fried foods, but baked goods – like bread and cake – are not forbidden, for their main purpose is to satiate a person (Eshel Avraham of Buchach). Some refrain from eating cake so as not to derive too much pleasure from the seudah ha’mafseket. Pizza is considered a cooked dish because of the cheese on top.

    It is proper to refrain from eating chocolate, snacks, and sweets at the seudah ha’mafseket, because the entire purpose of these foods is self-gratification, not satiety (see Rama 552:1). However, if there is nothing else with which to satiate oneself, it is permissible to eat these items.

    Some say that one should avoid pickled foods, like pickled cucumbers, so as not to derive too much pleasure from the seudah ha’mafseket. Besides which, they might be considered cooked foods (Sheyarei Knesset HaGedolah, K.H.Ch. 552:26). Others maintain that pickled foods are permissible (A.H.Sh. 552:7).

    It is permissible to eat fresh salad seasoned will oil and spices at the seudah ha’mafseket. Some, however, recommend not eating fresh salad, so as not to derive too much pleasure from the seudah ha’mafseket(Chida, K.H.Ch. 552:11).

    The [prevalent] custom is not to eat fish at the seudah ha’mafseket, because it is considered a distinguished food, similar to meat. Some are lenient when it comes to salt-herring and sardines, which were not previously cooked (see Sh.A. 552:2, K.H.Ch. 18).

    Cooked beverages are not considered cooked dishes. Therefore, according to the letter of the law, one may drink beer, ale, coffee, and tea at the seudah ha’mafseket. However, many poskim rule that one should act strictly, le’chatchilah, and refrain from drinking these beverages, so as not to derive too much pleasure from this meal. One who drinks beer at every meal, and has difficulty digesting food without it, may drink beer at this meal as well. Coffee and tea are less important than alcoholic beverages; therefore, one who feels a need to drink them may do so. However, if one is easily able to do without them, it is preferable not to drink them. If it is necessary, one may drink sweet drinks, like cola, but one should not drink them just to indulge[2].


    [2]. See Rama 552:1; M.B. 4; Torat HaMo’adim 6:5, 6:10; Rav Karp’s [work] 6:6, 6:10.

    3 – Customs of the Seudah HaMafseket

    The Talmud (Ta’anit 30a) relates how R. Yehudah son of R. Illa’i used to act at his seudah ha’mafseket: [his attendants] would bring him dry bread with salt, and he would sit in a disgraceful place – between the furnace and the oven – and eat it, while drinking a jug of water; and he would appear as one whose close relative just died. The Rambam also conducted himself stringently in this matter, eating bread and water at this meal, without even one cooked dish.

    We advise the masses, however, to eat fruits and vegetables as well, in order to garner strength for the fast. Many people follow the custom to eat – as their one cooked food – hard-boiled eggs, whose round shape alludes to the cycle of life, which is why mourners eat them. There is no prohibition against eating two eggs. Others eat a lentil dish, for it, too, is a mourner’s food (Sh.A. 552:5-6).

    In order to demonstrate our lowliness as a result of the churban, the custom is to sit on the floor during the seudah ha’mafseket, but one need not remove his or her shoes (ibid. 552:7). Some say, based on Kabbalah, that one should place a cloth separation between himself and the floor. Some are strict on this issue even if the floor is tiled (see K.H.Ch. 552:39). One who finds it hard to sit on the floor, sick people, the elderly, and postpartum or pregnant women may sit on a chair, but it is preferable not to sit in one’s regular seat (see ibid. 38).

    Every [member of the house] should sit alone in a corner while eating the seudah ha’mafseket, because it says in reference to a mourner, Let him sit alone and be silent(Eichah 3:28). Even if three men sit together in one place, they do not join together for a zimmun, because each one is considered to be alone (Sh.A. 552:8, M.B. 19).

    After midday on the eve of Tish’a B’Av, one should ideally learn only sad topics that are related to Tish’a B’Av or the laws of mourning. However, one who is worried that limiting his learning specifically to these topics will curtail his learning should preferably learn whatever his heart desires (see Rama 553:2, M.B. 8).

    One may continue to eat, if he so desires, after finishing the seudah ha’mafseket, because the fast begins at sunset, not when the meal ends. Similarly, none of the laws of mourning apply until sunset, unless one resolves to begin the fast early (Sh.A. 553:1, see M.B. 2).

    One may continue to eat, if he so desires, after finishing the seudah ha’mafseket, because the fast begins at sunset, not when the meal ends. Similarly, none of the laws of mourning apply until sunset, unless one resolves to begin the fast early (Sh.A. 553:1, see M.B. 2).

    4 – The Transition Between Shabbat and Tish’a B’Av When the Fast Falls Out on Sunday

    The rule is that we do not mourn on the Sabbath. Therefore, even if Tish’a B’Av falls out on Shabbat, we postpone the fast until Sunday, and on that Shabbat one may eat meat, drink wine, and serve a meal fit for a king. We also sing Shabbat songs as usual, because there is no mourning on the Sabbath. Obviously, this law also applies when Tish’a B’Av falls out on Sunday; meaning, we treat the Sabbath [immediately] preceding the fast like any other Shabbat.

    However, there is an intermediate time between Shabbat and the fast, during which Shabbat has not yet ended but the prohibitions of the fast have already begun. This happens because we are unsure when one day ends and the next day begins – at sunset or when the stars emerge. Therefore, the period between sunset and the emergence of the stars is ambiguous, being possibly day and possibly night. It is called “bein hashmashot” (twilight). And since there is a mitzvah to add [time] onto Shabbat, the holy day continues until a few minutes after the stars emerge. Consequently, the time between sunset and shortly after the emergence of the stars is both Shabbat and [Tish’a B’Av]. During that time, it is forbidden to do anything that would appear like a custom of mourning, because we do not mourn on the Sabbath. On the other hand, after sunset, we avoid doing anything that is not necessary for the sake of Shabbat, like eating, drinking, washing, and anointing.

    Therefore, we eat the third Sabbath meal (seudah shlishit) like we do on any other Shabbat, including the singing of Sabbath songs. However, we stop eating and drinking before sunset, because there is no obligation – from a Shabbat perspective – to continue eating seudah shlishit after sunset (Sh.A. 552:10, see M.B. 23). It is also fitting not to sing joyous songs after sunset, and doing so does not constitute an expression of mourning, for people do not generally sing happy songs every moment of Shabbat. We also refrain from washing and anointing ourselves after sunset; after all, we do not bathe [or anoint ourselves] on Shabbat anyway. However, one who relieves himself during bein hashmashot should wash his hands normally, for if he [washes as is required on the fast], he is, in effect, mourning on the Sabbath.

    We remain in our Sabbath clothing, keep our shoes on, and continue to sit on chairs and greet each other until a few minutes after three, mid-sized stars appear in the sky. Then, we say Baruch ha’mavdil bein kodesh le’chol (Blessed is He Who separates between the holy and the mundane), by which we take leave of the Sabbath. Afterwards, we remove our shoes, take off our Sabbath garments, and change into weekday clothes. One should wear clothing that was already worn the previous week, because one may not wear freshly laundered clothing on Tish’a B’Av[3].

    [Many communities have a] custom to delay Ma’ariv until around fifteen minutes after Shabbat ends, in order to give everyone time to take leave of the Sabbath at home, remove their shoes, change their clothes, and come to the synagogue for Ma’ariv and the reading of Eichah in weekday clothes.


    [3]. Some people have a custom to remove their shoes at sunset, provided that they do so without letting others know that it is for the sake of mourning. Nonetheless, the prevalent custom is to remove one’s shoes only after Shabbat has ended. See [Hilchot Chag BeChag], chap. 8, notes 2 and 7, where R. Karp explains, based on [the words of] the Gra, that one may not afflict oneself on Shabbat; therefore, it is permissible to wash and anoint oneself until Shabbat ends. According to the accepted custom, however, one should refrain from doing anything that is not recognizable as an act of mourning or self-affliction. Therefore, one should not, le’chatchilah, wash or anoint oneself [during bein hashmashot], but one should wash his hands normally after using the bathroom. That is, one should wash his entire hand, and not just his fingers, as one washes on Tish’a B’Av.

    5 – Havdalah on Tish’a B’Av When it Falls Out on Saturday Night

    The fast begins immediately after Shabbat, making it is impossible to say havdalah over a cup of wine. Therefore, we postpone saying this form of havdalah until after the fast. Nevertheless, we say havdalah – “Ata Chonantanu” – in the Ma’ariv prayers, after which we are permitted to do work. Some say that woman should pray Ma’ariv on such a Saturday night, in order to make havdalah in Ata Chonantanu. Women who do not [follow this practice] should say, Baruch ha’mavdil bein kodesh le’chol, after which they are permitted to do work (M.B. 556:2).

    In addition, we recite the blessing over fire on [such a] Saturday night, because this blessing is not dependent on the cup of wine. Rather, it is an expression of thanks [to God] for creating fire, which was revealed to Adam on [the first] motzai Shabbat (Saturday night). The custom is to recite the blessing after Ma’ariv, before the reading of Eichah, because people light candles at that time. Women also recite the blessing over fire. One who procrastinates and fails to make a blessing over a candle at the beginning of the evening may say the blessing all night long, for the entire night of motzai Shabbat is the [proper] time for this blessing.

    At the end of the fast, before eating or drinking, one must say havdalah over a cup [of wine], which includes two blessings: Al hagefen (on the wine) and HaMavdil (He Who separates). No blessing is made on spices or fire.

    I will elaborate: The Rabbis enacted that one may not do work on Saturday night, even though the stars have already emerged, before reciting some form of havdalah, like Ata chonantanu, and that one may not eat before saying havdalah over a cup. Therefore, on a Saturday night [that coincides with Tish’a B’Av], it is sufficient to make a verbal havdalah, which allows us to do work. Then, when Tish’a B’Av ends and we need to eat, we say havdalah over a cup.

    Therefore, a sick person, who needs to eat on Tish’a B’Av, must say havdalah over a cup before eating. [In such a case], it is proper to use chamar medinah [a distinguished beverage other than wine] (preferably something intoxicating, but any ubiquitous drink, like coffee, will do; see Peninei Halachah, Shabbat, vol. 1, 8:4). If one has no such beverage, he should say havdalah over grape juice, and if even that is unavailable, he should say havdalahbe’di’avad – on wine and drink a cheek full (around 40 ml.). If a minor, who has reached the age at which we teach him to recite blessings, is present, it is best to let him drink the wine instead of the sick person. A minor who eats on Tish’a B’Av need not say havdalah before eating (see Piskei Teshuvot 557:31).

    Therefore, a sick person, who needs to eat on Tish’a B’Av, must say havdalah over a cup before eating. [In such a case], it is proper to use chamar medinah [a distinguished beverage other than wine] (preferably something intoxicating, but any ubiquitous drink, like coffee, will do; see Peninei Halachah, Shabbat, vol. 1, 8:4). If one has no such beverage, he should say havdalah over grape juice, and if even that is unavailable, he should say havdalahbe’di’avad – on wine and drink a cheek full (around 40 ml.). If a minor, who has reached the age at which we teach him to recite blessings, is present, it is best to let him drink the wine instead of the sick person. A minor who eats on Tish’a B’Av need not say havdalah before eating (see Piskei Teshuvot 557:31).

    1 – Instituting the Fast of Tish’a B’Av

    As we already learned (6.1), the prophets instituted four fasts after the destruction of the First Temple, the gravest of which is Tish’a B’Av, for that is when the Temple was destroyed (for more on the meaning of the fast, see above, 6.4). These fast were instituted along the lines of Yom Kippur, which lasts an entire day and contains five prohibitions. When the Second Temple was built, these fasts were annulled, and they became joyous holidays. And when that Temple was destroyed, the four fasts returned to their original status.

    After the period of harsh decrees ended and a new era began, in which the Temple was still in ruins but evil decrees no longer plagued us, the Sages determined that the law of three of the fasts – the tenth of Tevet, the seventeenth of Tammuz, and Tzom Gedalyah – depended on Israel’s will: “If they want to fast, they do so; if they do not want [to fast], they do not fast.”

    On Tish’a B’Av, however, we are obligated to fast under all circumstances, because many tragedies befell the Jewish people on that day, including the destruction of both Temples. Even when times are tranquil, its status is not dependent on Israel’s will. Rather, as long as the Temple sits in ruins, we must fast on that day, as the prophets enacted (Rosh HaShanah 18b).

    This is the fundamental difference between Tish’a B’Av and the minor fasts. Our obligation to fast on Tish’a B’Av is based on an institution of the prophets; therefore all the laws of the fast apply in their entirety. On the minor fasts, however, our obligation is based on custom – because [all of] Israel agreed to fast [on these days], until the Temple is rebuilt – and from the very outset, the accepted custom was to treat them more leniently than Tish’a B’Av (as we explained above, 7.1).[1]


    [1]See above, 7:1-2, with note 1, [where we explained] that the definition of “peace” is when the Beit HaMikdash is built; only then will Tish’a B’Av be canceled. My assertion that [the obligation to fast on] Tish’a B’Av does not depend on Israel’s will is taken from the Ramban’s Torat HaAdam, p. 244. This is also the opinion of Rashi, the Eshkol, the Itur, the Smak, the Maggid Mishnah, and others. However, there are those – the Rashba and the Ritva – who hold that in the intermediate situation, [when the Temple is still destroyed, but evil decrees have ceased], we are exempt from fasting on Tish’a B’Av, as well. It’s just that the Jews decided to observe Tish’a B’Av as a full fast, in accordance with the original enactment, because of the numerous tragedies that occurred on that day. Nonetheless, the accepted practice is to rule like the majority of Rishonim and Acharonim, [who hold] that the fast of Tish’a B’Av is not dependent on [anyone’s] will. Rather, it is an obligation instituted by the prophets. See Torat HaMo’adim, pp. 3-4 and 246, [where the author] lists the various opinions [on this issue].

    2 – General Rules of the Fasts

    There are three halachic differences between Tish’a B’Av and the minor fasts: 1) Tish’a B’Av lasts an entire day, from sunset until the emergence of the stars [the next day], while the minor fasts last only during daylight hours – from daybreak until the emergence of the stars. 2) On Tish’a B’Av, we are forbidden to do five things: a) eat and drink, b) wash ourselves, c) anoint our bodies, d) wear [leather] shoes, and e) engage in marital relations. On the minor fasts, however, we are only forbidden to eat and drink. 3) Only sick people are exempt from fasting on Tish’a B’Av, whereas pregnant and nursing women, as well, are exempt from the other fasts.

    In general, the fast of Tish’a B’Av is equal to that of Yom Kippur, for any enactment the Rabbis made regarding Tish’a B’Av was modeled after the Torah’s commandments regarding Yom Kippur. Therefore, Tish’a B’Av has the same five prohibitions that are mentioned in reference to Yom Kippur. Nonetheless, since the fast of Tish’a B’Av is a Rabbinic enactment, its laws are more lenient in two major ways: 1) The Rabbis did not require the sick to fast on Tish’a B’Av. In contrast, someone who is ill on Yom Kippur must fast, unless doing so would put his life in danger. 2) In situations of doubt, one should act strictly on Yom Kippur, but one may be lenient when it comes to Tish’a B’Av. For the rule is, when in doubt regarding a Torah law, one should be strict, but when in doubt regarding a Rabbinic law, the halachah follows the more lenient opinion.

    However, Tish’a B’Av is more stringent than Yom Kippur in a certain way. On Tish’a B’Av, we are obligated to mourn. Therefore, we sit on the floor, refrain from greeting one another, darken the room at night, and limit our Torah study to sad topics. On Yom Kippur, in contradistinction, we are obligated only to deprive ourselves, but besides the five afflictions, the day is considered a holiday: We wear nice clothing, sit on [regular] seats, sing songs, exchange greetings with one another, and of course, engage in Torah study with no limits. (Unrelated to self-affliction, one is forbidden to do work on Yom Kippur, in accordance with all the laws of Shabbat.)

    3 – Eating and Drinking and the Laws of Sick People and Postpartum Women

    We already expounded upon the prohibition against eating and drinking vis-à-vis the minor fasts (above, 7.5-7), and we learned that there is a difference between them and Tish’a B’Av: the minor fasts begin at daybreak, while Tish’a B’Av begins at sunset. There is no difference, however, regarding the fundamental prohibition against eating and drinking.

    We also learned that the sick are exempt from fasting on Tish’a B’Av (the definition of “sick” is explained above, 7.7); and they need not eat less than the minimum measure. Only on Yom Kippur, which is biblically ordained and which even the sick are obligated to keep, must one eat less than the minimum measure, when possible, to avoid breaking the fast. On Rabbinically instituted fasts, however, the sick are completely exempt; therefore, they need not eat less than the minimum measure or fast for a few hours. Nevertheless, several Acharonim write that, if possible, it is appropriate for sick people to act stringently and refrain from eating and drinking on the night of Tish’a B’Av, in order to join in the community’s pain. In the morning, though, they are allowed to eat and drink according to their needs, with no limitations.[2]

    A woman within thirty days of childbirth is considered ill, because she has not yet sufficiently regained her strength. Therefore, she is exempt from fasting (Sh.A. 551:6).[3]

    A woman who has a miscarriage and feels weak has the same status as a woman after childbirth and is exempt from the fast of Tish’a B’Av, if it occurs thirty days after her miscarriage.

    Those who are exempt from fasting should be careful to eat only simple foods that are needed for their health, not delicacies and treats for the sake of self-gratification. The poskim debate whether or not one [who is permitted to eat] says Nachem in Birkat HaMazone.[4]


    [2]Some rule stringently on this issue: Bi’ur Halachah, 554:6, quotes [the author of] Pitchei Olam as saying that in a place where cholera is not rampant and the doctors say that people must eat in order to avoid catching the disease, one should eat portions that are less that the minimum measure on Tish’a B’Av. We also find several Acharonim who hold that [the sick] should preferably eat less than the minimum measure, to avoid breaking the fast, so that they can say Anneinu and Nachem (these Acharonim are cited in S’dei Chemed and in Tzitz Eliezer, vol. 10, sec. 25, chap. 16, paragraph 2). Similarly, the Mishnah Berurah (554:14) says in the name of the Eliyah Rabbah that a postpartum woman should preferably fast for a few hours, if possible. The Chatam Sofer, O.C. 157, concurs, saying that if a sick person can suffice with just drinking, he should not eat, and if eating once will satisfy his needs, he should not eat twice. According to Maharil Diskin, Kuntas Acharon 75, there is room to be strict in this matter, not as far as the obligation to fast is concerned, but in order to avoid separating from the community.

    In practice, though, we rule that sick people need not fast a few hours, nor do they need to eat portions that are less than the minimum measure. So writes the Aruch HaShulchan 554:7 (end). Furthermore, when the Bi’ur Halachah said that one should eat less than the minimum measure, he was speaking about a person who is not considered sick at all. The authors of Nishmat Avraham (4:554) and Tzitz Eliezer (vol. 10, 25:16) concur. For additional sources, see Piskei Teshuvot 554:9. See also R. Karp’s [work], Hilchot Chag BeChag 7:15, 7:21*. However, several poskim write that it is proper not to eat at night, as cited in Piskei Teshuvot 554:45, 556:21.

    In practice: if a sick person wants to be strict on himself and eat portions that are less than the minimum measure, he can say Anneinu and Nachem [in the Minchah prayer]. However, according to the law, there is no need to do so. Nevertheless, there are sick people who prefer drinking less than the minimum measure, in order to participate in the fast. Sometimes, when there is a question whether someone is sick or not, like a pregnant woman who feels weak and is afraid to fast, I instruct him or her to eat and drink portions that are less than the minimum measure, in accordance with the words of the Bi’ur Halachah.

    [3]Indeed, the Rama (554:6) writes that a woman should fast seven days after childbirth, unless she is in great pain. And the Mishnah Berurah (554:14) quotes the Magen Avraham as saying that she may act leniently only if Tish’a B’Av is postponed [because it fell out on Shabbat]. Nevertheless, the Aruch HaShulchan (554:7) writes that nowadays a woman should not, God forbid, fast within thirty days of giving birth. Other Ashkenazi poskim rule this way, as well. A woman who acts leniently in this regard does not forfeit anything. See R. Karp’s [work] 7:6 and Piskei Teshuvot 554:7. Regarding a woman who has a miscarriage, see Piskei Teshuvot 617:5.

    [4]Many Ashkenazi poskim hold that one says Nachem before the words U’venei Yerushalayim (Rama 557:1). Others raise doubts about this, [claiming] that [Chazal] never instituted the saying [of Nachem in Birkat HaMazone] (Gra, quoted in M.B. 557:5). Still others say that the best advice is to say it after the [four] blessings [of Birkat HaMazone] are finished, together with the HaRachaman prayers (K.H.C. 557:11).

    4 – Pregnant and Nursing Women

    We have learned that one of the differences between the minor fasts and Tish’a B’Av is that pregnant and nursing women are exempt from the former and obligated in the latter (above 7.8). The reason for this is that only the sick are exempt from fasting on Tish’a B’Av, and pregnant and nursing women – despite their various aches and pains – are not considered sick (Sh.A. 554:5). If, however, they experience extraordinary weakness, their status is like that of a sick person, and they are exempt from fasting on Tish’a B’Av.

    For example, a pregnant woman who suffers from excessive vomiting or dizziness is considered ill and need not fast. Similarly, a pregnant woman who is extremely weak – due to a low blood count, for example (less than 10 grams hemoglobin) – is exempt from fasting. It goes without saying that one should not fast if doing so could possibly cause a miscarriage. A woman who is unsure whether or not she is considered ill should begin the fast. Then, if she starts feeling very weak, her status changes from that of a regular pregnant woman to that of a sick person, allowing her to eat and drink.[5]

    As we learned, a nursing woman is obligated to fast on Tish’a B’Av. And even though it is harder for her to fast, because nursing depletes one’s liquids, that does not put her in the category of a sick person. The baby doesn’t suffer from the fast either, for if its mother is one of those whose milk does not decrease when she fasts, the baby will certainly not feel any difference. And even if the mother’s milk supply decreases when she fasts, she can supplement her baby’s diet with sweetened water or hot cereal, such that the baby will not suffer as a result of the fast.[6] The best advice for most women whose milk decreases is to skip two feedings in alternating fashion. That is, a woman who nurses every three hours should feed her baby at 10:00 a.m., give him a bottle at 1:00 p.m., nurse again at 4:00 p.m., and give him another bottle at 7:00 p.m. This way, she will not suffer too much from fasting and her milk will not diminish. A nursing woman may eat and drink if she feels so weak that her status changes from a [mere] nursing woman to a sick person.


    [5]There are those who rule that if a pregnant woman suffers as a result of extraordinarily hot weather, she is exempt from fasting (Rabbi S. Z. Auerbach). Others are even more lenient, exempting all pregnant women [from fasting altogether], either because heat waves [can occur] or because people in general are weaker nowadays (as cited in Halichot Beitah 25, note 3). Nevertheless, I wrote [above] the practical halachah according to the letter of the law, as formulated in the Gemara (Pesachim 54b), the Shulchan Aruch, and the Acharonim. See Torat HaMo’adim 7:3, Piskei Teshuvot 554:5, Hilchot Chag BeChag 7:4, and Torat HaYoledet 48:4:6.

    [6]A mother who feeds her baby breast milk alone, and her milk diminishes when she fasts, should stop fasting and feed her baby properly if she is unable to get him to drink milk substitutes or sweetened water from a bottle. Similarly, a woman who is concerned that fasting might cause her milk to stop altogether, making her unable to nurse anymore, should not fast. The author of Torat HaYoledet (48:4) writes that such a woman should drink portions less than the minimum measure, because she is not [really] sick, and the only reason she needs to drink is for her baby.

    5 – Washing

    Any form of washing for the sake of pleasure is forbidden on Tish’a B’Av, whether the water is hot or cold. One may not even wash a small part of his body; it is even forbidden to dip one finger in water. But someone who got mud, feces, or blood on himself may wash the soiled area, because his intention is not to pamper himself (Sh.A. O.C. 554:9). Similarly, a woman who needs to change her child’s diaper may wash the soiled area, even though her hand will get washed in the process. She may even use soap if the filth or odor does not come off with water alone.

    A woman who is preparing food with which to break the fast, or for her children, may rinse food items or dishes, because she is not washing for the sake of pleasure. And even though some pleasure is derived every time one washes a soiled area of the body, it is not considered washing for the sake of pleasure, since her main intent is to remove the filth.

    Someone who perspired excessively, to the point where he is very bothered and distressed, may wash the sweaty area, because his intention is not to get pleasure (M.B. 613:2, Sha’ar HaTziyun 4).

    In addition, someone who is very sensitive and cannot orientate himself in the morning until he washes his face may do so with [plain] water. One who is always accustomed to using water to remove the crusty discharge that builds up in the eyes overnight may do so [on Tish’a B’Av] (Sh.A. 554:11, M.B. 22).

    It is forbidden to rinse one’s mouth on Tish’a B’Av. Nevertheless, one who will be very distressed if he does not do so, may rinse out his mouth and brush his teeth, without toothpaste, on Tish’a B’Av. On Yom Kippur, however, when the obligation to fast is biblical, one should not be lenient on this issue (see above, 7.5, note 6).

    A bride within the first thirty days of her marriage may wash her face and apply any lotion she needs, to avoid making herself unattractive to her husband (M.B. 554:29, Sha’ar HaTziyun 38).

    One may take a slightly damp towel and run it across one’s face, hands, and feet, because the prohibition of washing does not apply to such a small amount of moisture. The only condition is that the towel not be tofei’ach al menat le’hatpi’ach, meaning, it cannot be so wet that it could moisten one’s hand to the extent that his hand could then moisten something else (Rama 554:14, M.B. 27).

    6 – Mitzvah-Related Washing

    It is permissible to wash one’s hands for the sake of a mitzvah, because it is not for pleasure purposes. Therefore, kohanim (“priests”) may wash their hands fully, in preparation for the priestly blessings (Rama 613:3, Sh.A. 128:6). However, one is not permitted to immerse in a mikveh on Tish’a B’Av.[7]

    Upon awakening in the morning, everyone is obligated to wash his or her hands up until the joints connecting the fingers to the palm of the hand, because an evil spirit rests on one’s hands after a night’s sleep, and it can cause harm to the orifices of the body. In order to remove this spirit, one must wash each hand three times, alternately. After using the bathroom, one should wash his hands again, once, and recite the blessing Al netillat yadayim, because the Sages instituted a mitzvah to wash one’s hands, with a blessing, in preparation for the morning prayers (Shacharit). And even though we are usually careful to wash the entire hand, on Tish’a B’Av one should wash only up to the joints connecting the fingers to the palm, because according to the letter of the law, that is sufficient both in terms of preparing for Shacharit and in order to remove the evil spirit (Sh.A. 613:2).[8]

    Throughout the year, one should preferably wash his hands three times before every prayer service. Nevertheless, on Tish’a B’Av, one should not wash his hands before praying, because doing so is not obligatory. However, one who touched filthy parts of his body and wants to recite holy words should wash his hands, because he is doing so for the sake of a mitzvah, not in order to derive pleasure (M.B. 613:5-6, K.H.C. 6).

    There is uncertainty regarding the law of someone who relieves himself without touching any part of the body that is usually covered, for perhaps he does not need to wash, seeing that he did not touch any filth. In order to avoid the quandary, it is best to touch a usually-covered part of the body – which have flecks of sweat – when using the bathroom. This way, everyone would agree that one may wash his hands until the upper knuckles, in order to say the blessing of Asher Yatzar in cleanliness (Sh.A. 613:3, M.B. 4).[9]


    [7]The mitzvah for a niddah (menstrual woman) to immerse herself in a mikveh at the first halachically-acceptable opportunity does not override the prohibition against washing on Tish’a B’Av. Similarly, a man who is accustomed to immersing in a mikveh in order to remove keri defilement (caused by the emission of semen) may not immerse on Tish’a B’Av, because a pious custom does not override the prohibition against washing (B.Y., Sh.A. 554:8, 613:11).

    [8]According to most poskim, one need not wash one’s hands more than once after using the bathroom; but some people are accustomed to washing three times (see M.B. 4:39). Those who always wash three times may do so on Tish’a B’Av, as well, because this washing is for the sake of purification and a mitzvah, not pleasure. (See Peninei Halachah, Tefillah 8.3-5. Also see note 2, where R. Ovadyah Yosef is quoted as saying that there is no need to hurry and wash one’s hands three times before relieving oneself in the morning. According to him, one washes three times and recites the blessing only after relieving oneself.)

    [9]Some say that a person who touches a covered part of the body with one finger should wash only that hand until the upper knuckles (Ch.A. 40:18, M.B. 613:6). Others hold that he must wash both hands (Shelah, Yafeh LaLev; see also K.H.C. 4:86). The same authorities dispute a case in which someone touches his shoe – even if it is made of cloth – with one finger. There are many other uncertainties regarding these laws. For example, does someone who touches a normally-covered area that [nonetheless] has no sweat particles need to wash his hands (see Peninei Halachah, Tefillah 5, note 2)? Furthermore, according to the letter of the law, one who touches body parts that are usually covered may [simply] rub his hands [on anything that cleans] and then say words of holiness (Sh.A. 4:23, M.B. 61). Why, then, do we not do so on Yom Kippur and Tish’a B’Av? In practice, it appears that if, in a specific situation, one generally acts strictly throughout the year and washes his hands, he should also wash them on Tish’a B’Av, for he is doing so for the sake of a mitzvah. If, however, he sometimes makes do with rubbing his hands on his clothing [or the like], he should do the same on Tish’a B’Av. If someone touches a normally-covered area of his body and now wants to pray, he should wash his hands, because that is the halachah, as explained in Peninei Halachah, Tefillah 5.2. One who touches a usually-covered area [of the body] with one finger while using the facilities should wash both hands; and it seems that everyone would agree with this. After all, many authorities hold that one must wash both hands upon leaving a bathroom, even if he did not relieve himself or touch a normally-covered body part (see B.H. 613:3). One who touches mud with his finger should wash only the soiled area, because there is no evil spirit here that spreads to the rest of the hand. See Piskei Teshuvot 613:2.

    7 – Anointing, Smelling Spices, and Smoking

    It is forbidden to apply oil or cream [on Tish’a B’Av] even to a small area of the body. One is also forbidden to use cosmetics, like powders or salves, to beautify the skin or provide a nice fragrance. This prohibition applies specifically to anointing for the sake of pleasure; applying creams for medicinal purposes, however, is permitted. Therefore, one may apply Vaseline to dry lips or put on an anti-itch cream (Sh.A. 554:15). One may, similarly, put on mosquito repellant.[10]

    One may not smell spices on Tish’a B’Av, because doing so is pleasurable and one should curtail one’s pursuit of pleasures on the day on which our Holy Temple was destroyed. Granted, there are [halachic authorities] who rule leniently [on this issue] because [smelling fragrances] is not one of the five prohibitions (M.A.); nonetheless, most poskim hold that one should act strictly on Tish’a B’Av (Sh.A. 559:7, Sha’ar HaTziyun 556:1). See the footnote regarding smoking.[11]


    [10]The Bi’ur Halachah (554:15) explains that there is a distinction between Yom Kippur and Tish’a B’Av regarding the prohibition of anointing. On Yom Kippur, the prohibition also includes non-pleasurable anointing, as the Yerushalmi indicates. Therefore, one may not apply, on Yom Kippur, a salve for the purpose of removing filth. On Tish’a B’Av, however, the prohibition is a function of the laws of mourning. Therefore, only anointing for the sake of pleasure is prohibited, while anointing in order to remove filth is permissible. The Bi’ur Halachah thus rejects the opinion of the Mateh Yehudah, who equates Tish’a B’Av and Yom Kippur in regard to this prohibition.

    [11]The author of Shiyurei Knesset HaGedolah (551, 567) writes that it is forbidden to smoke on fast days, because smoking alleviates the anxiety of the churban and generates a feeling of satiation; it even causes a desecration of God’s name, for the Gentiles refrain from smoking on their fast days. According to many [other poskim], however, there is no prohibition against smoking, from the perspective of the fast day, especially for someone who needs it to relieve agitation. The Mishnah Berurah (555:8) permits smoking after midday, in private, for one who needs it. Many others allow it even before midday, in private, for one who needs it. [R. Ovadyah Yosef] cites [these poskim] in Yabi’a Omer 1:33. The author of Hilchot Chag BeChag (7:87) writes that the authorities who forbid smoking are not referring to cigarettes, but to a type of smoking that entails more pleasure and involvement; see there. However, now that it has become clear that smoking is detrimental to a person’s health, it is forbidden to accustom oneself to smoking, and one who is already addicted must do everything he can to quit.

    8 – Wearing Shoes

    On Tish’a B’Av, it is forbidden to wear sandals or shoes made from leather. According to many authorities, only leather shoes are forbidden, while those made from other materials, like rubber and plastic, are permissible, even if they are as good as leather shoes (Rif, Rosh).

    Others hold that the prohibition applies to any comfortable shoe that keeps its wearer from feeling the roughness of the road (Razah). At the time of Chazal, only leather shoes were considered good. No one made good shoes from other materials; consequently, the prohibition did not apply to such shoes. Today, however, when [manufacturers] make shoes and sandals from other materials, and they are as good as their leather counterparts, one is forbidden to wear them on Tish’a B’Av. According to this opinion, one may not wear sneakers, “Source” (Shoresh) sandals, or the like on Tish’a B’Av, but one may walk around in slippers or canvas shoes with a thin sole, for one can feel the roughness of the road in them.

    In practice, the accepted ruling is that non-leather footwear is permissible. Nonetheless, one who can, without difficulty, make do with slippers or canvas shoes that do not fully protect the feet should act stringently (M.B. 614:5).

    Even according to the lenient opinion, one should not walk around in shoes or sandals made from synthetic leather, which look like [the real thing], because of mar’it ayin (doing something that appears to be forbidden).

    A sick person or a postpartum woman, who are liable to catch a cold if they walk barefoot, may wear leather shoes. Similarly, one who [needs to] walk in a place where there is a possible danger of scorpions, or the like, may wear leather shoes. So too, one who [needs to] walk in a muddy place may wear regular shoes in order to avoid soiling his feet. A soldier on active duty may wear army boots (Sh.A. 554:17, 614:3-4). [The reason for all these leniencies is] because wearing shoes or sandals is prohibited [on Tish’a B’Av] only if one wears them for the sake of walking or comfort, but when there is another reason for wearing them, the prohibition does not apply. However, even when it is halachically permissible to wear shoes, one should not wear leather shoes if he can suffice with non-leather ones. After all, one may be lenient only when there is a need, and there is no need to wear leather shoes when one has shoes made from some other material.[12]


    [12]According to Rashi and Rabbeinu Yerucham, the prohibition applies to wooden shoes as well, because their soles are hard and one who walks in them does not feel the roughness of the road. R. Zerachyah HaLevi (Razah) holds that any shoe that protects the feet is prohibited, no matter what material it is made of. The Talmud’s statement (Yoma 78b) that cork and rubber [shoes] are permissible [does not contradict this], for they did not protect the feet like [regular] shoes did. According to these [authorities], one may not wear shoes or sandals in which people regularly walk, even if they are made from materials other [than leather]. It is possible to infer from [the words of] other Rishonim, as well, that one may not wear good shoes in which the roughness of the road cannot be felt, no matter what material they are made of. However, the Beit Yosef writes (614:2) that the Rif and the Rosh hold that the prohibition applies only to leather shoes, as the simple reading of the Gemara indicates. This is [his] conclusion in the Shulchan Aruch, as well. The author of Responsa Maharshag (2:113) also explains [the matter] this way, as does the Ari [z”l], who explains why leather alone is forbidden: because “it is the secret of the skin garments of Original Man (Adam) [which were made from] the skin of the snake” (Pri Etz Chayim, Sha’ar Yom HaKippurim, chap. 4). I would add that leather shoes and sandals are considered superior even today. See Hilchot Chag B’Chag, 23:48 and 23:26, where R. Karp is inclined to rule strictly. [See] also Ohalah Shel Torah, O.C. 81. R. [Shlomo Zalman] Auerbach permits [shoes made of] other materials, because we are sensitive [nowadays], but he rules strictly when it comes to synthetic leather (Halichot Shlomo 5:16-17). R. [Mordechai] Eliyahu (Hilchot Chagim 45:38-39) is also inclined to rule leniently, as is the author of Torat HaMo’adim (13:10). These authorities rule leniently regarding Yom Kippur, which entails a possible Torah [transgression], all the more so regarding Tish’a B’Av.

    Wooden shoes that are overlaid with leather are forbidden according to all opinions (Sh.A. 614:2). Many [poskim] hold that there is no prohibition [against wearing] sandals that have but one, thin strap of leather on top (K.H.C. 614:10).

    For more on one who needs to wear leather shoes, see R. Eliyahu’s Hilchot Chagim 45:41-42; Minchat Shlomo vol. 1, 91:25:8; Hilchot Chag BeChag, Hilchot Yom HaKippurim 23:55, 58.

    The author of Responsa Chelkat Ya’akov (2:83) permits one who wears orthotics lined with leather to insert them into canvas or rubber shoes, provided that the person suffers greatly when walking without orthotics. His reasoning: the orthotics are not part of the shoe, making the situation similar to one who stands on a leather cushion, which is permitted (Rama 614:2). Furthermore, since [failure to wear orthotics would cause] the person great pain, he can be compared to one who [needs to] walk through mud. See also R. Eliyahu’s Hilchot Chagim 45:41-42; Minchat Shlomo, vol. 1, 91:25:8; Hilchot Chag BeChag, Hilchot Yom HaKippurim 23:55, 58.

    9 – Marital Relations

    The fifth way in which we afflict ourselves [on Tish’a B’Av] is by refraining from marital relations. In order to avoid stumbling in this matter, a couple must act on the night of Tish’a B’Av as they do when the wife is a niddah (a menstrual woman). That is, they may not touch each other, sleep in the same bed, or pass things to each other from hand to hand, [etc.]. During the day, however, they need not observe all the precautionary measures that are in place when a woman is a niddah, but affectionate touching and sleeping in the same bed are still forbidden.[13]


    [13]Sh.A. 554:18. Two conjoined beds are considered one. The Acharonim write that one should act stringently on Tish’a B’Av with regard to all the precautionary measures [that couples keep] during the niddah period, just as one does on Yom Kippur (Sh.A. 615:1). According to the majority of poskim, one should act stringently both on the day and night of Yom Kippur. The Taz holds that one need not be strict during the day of Yom Kippur. When it comes to Tish’a B’Av, however, many poskim write that one need not be careful during the day, because everyone is mourning and the women do not adorn themselves; therefore, there is no reason to fear that [contact between husband and wife] will lead to sexual intercourse (M.B. 554:37, K.H.C. 85). There are those who rule strictly even during the day when it comes to touching (Kitzur Sh.A. 124:12, Hilchot Chagim 26:49). Either way, it seems [to me] that everyone agrees that affectionate touching is forbidden even during the day, as is sleeping in the same bed.

    10 – Torah Study

    In addition to the five [pleasures] that are forbidden on Tish’a B’Av, there are [other] prohibitions that are connected to the fact that Tish’a B’Av is a day of mourning. Just as a mourner is forbidden to learn Torah during the seven-day mourning period (shivah), one may not learn Torah on Tish’a B’Av, in order not to divert one’s attention from the mourning. Another reason one may not learn Torah during a period of mourning is that Torah study makes one happy, as it says, The commandments of the Lord are upright, rejoicing the heart (Tehillim 19:9). It is even forbidden to learn Torah in thought, because even that makes one happy. However, it is a mitzvah to learn sad sections of the Torah, those that deal with Israel’s suffering and the afflictions that man encounters, for these areas are appropriate for the mood of the day. One should not learn them in depth, though, because such study makes one happy. But if one thinks of a novel idea (a chiddush) while studying a matter superficially, he need not worry, because that is the nature of learning (A.H.Sh. 554:4). And if he comes up with a significant chiddush and is worried that he may forget it by the end of the fast, he may write it down concisely (see K.H.C. 554:110).

    One is allowed to learn the following topics: In Tanach, one may study the chapters that describe the churban (destruction), which are found in the books of Melachim, Divrei HaYamim, and Megillat Eichah. One may also learn the prophecies of the churban, which cover most of the book of Yirmiyah, part of Yechezkel, and small portions of Yeshayah and T’rei Asar. However, one should not study the prophecies that predict the destruction of the evil heathens, because they are joyous prophecies from our perspective. It is permissible to study the book of Iyov, which deals with suffering, but one should not study the end of the book [which is joyous]. One may also study the sections of admonition and calamity in the Torah portions of BeChukotai, Ki Tavo, and Ha’azinu. [In all of these cases], one may learn the verses with commentary, in order to understand the simple meaning of the passage, but not in order to delve deeply into it.

    Regarding the aggadic sections of the writings of Chazal: one may study the passages dealing with the churban in Tractate Gittin (55b-58a) and [most of] Midrash Eichah Rabbah, skipping the sections that deal with consolation. It is also permissible to study the third chapter of Tractate Mo’ed Kattan, which deals with the laws of mourning and excommunication, as well as the Gemara at the end of Tractate Ta’anit, which discusses the laws of Tish’a B’Av.

    In terms of halachic topics: one may study the laws of the three weeks and Tish’a B’Av (Sh.A., O.C. 550-561), as well as the laws of mourning (Sh.A., Y.D. 334-403). If a rabbi receives an urgent question in an area of halachah that one is forbidden to study on Tish’a B’Av, he should answer it without explaining his reasoning (M.B. 554:5).

    One may study mussar works [on Tish’a B’Av], even though they quote [biblical] verses and rabbinic statements, because their whole purpose is to awaken a person to repent for his sins. Therefore, the regular joy one feels when learning Torah does not exist here.[14]

    Ideally, one should be careful about these laws starting midday of the eve of Tish’a B’Av. But we already learned that one who feels that limiting his learning to these specific topics will curtail his learning should learn whatever his heart desires, until Tish’a B’Av begins (see Rama 553:2; M.B. 8; above 9.3).

    One may not read exciting books or newspapers, or study other disciplines on Tish’a B’Av, so as not to divert one’s attention from mourning (A.H.Sh., Y.D. 384:9). It is, however, permissible, and even fitting, to read history books about the churban, the exile, and the hardships that have befallen the Jewish people.


    [14]The source for these halachot is Ta’anit 30a and Shulchan Aruch 554:1-3. Regarding works of mussar: some [poskim] say that if a book cites verses and statements of Chazal, one is forbidden to study it (see Piskei Teshuvot 554:2). However, the essential ruling is that it is permissible, as the Meiri maintains. The authors of Torat HaMo’adim (8:18) and Hilchot Chag BeChag (7:57) write likewise in the name of Rabbi Elyashiv. They also explain the different opinions as to what is considered in-depth study, which is forbidden. It seems [to me] that one is forbidden [to study] if the goal is to come up with novel interpretations and understand the deep meaning [of a passage], but if the purpose is to understand [the matter] on a simple level, it is permissible.

    The Acharonim debate whether the mitzvah of Torah study applies on Tish’a B’Av and the seven-day mourning period [for the death of a close relative]. The author of Sheivet Yehudah writes that there is no obligation [to learn during these times], while R. Chayim Palagi holds that one is obligated to study the sad sections [mentioned above]. See Yabi’a Omer, vol. 8, Y.D. 35 and Piskei Teshuvot 554:2, 3.

    Regarding Torah learning and young children, see below, halachah 21.

    11 – Greeting One Another

    Mourners are forbidden to greet people (lit., “seek the peace of others”) (Sh.A., Y.D. 385). Likewise, one may not extend greetings to others on Tish’a B’Av (Sh.A., O.C. 5554:20). [After all], just as a person who has lost a close relative is not in a state of “peace,” no one is in a state of “peace” on Tish’a B’Av, because we are mourning the destruction of our Holy Temple.

    In particular, Torah students who know the halachah must be careful in this regard. However, when a person unfamiliar with the halachah extends greetings to another, the recipient should return the greeting in a soft voice and serious tone, as one who is preoccupied with thoughts of mourning and sorrow, making sure not to insult the person in the slightest. It is preferable to answer, “Good morning,” and avoid saying, “Shalom” (“Peace [unto you]”). If the person who initiated the greeting is someone who wants to learn Torah, and there is no concern that he will be insulted, one should explain to him that we do not greet each other on Tish’a B’Av.

    According to most poskim, one is even forbidden to say, “Good morning” or “Good evening (M.B. 554:41, K.H.C. 90). Some say that only the word “Shalom” is forbidden, while phrases like “Good morning” are permissible (Leket Yosher). We already mentioned that when necessary – in order not to insult someone – a person may return a greeting; and since some hold that “Good morning” and “Good evening” are not included in the prohibition, it is preferable to use these phrases than to say, “Shalom.”[15]

    One who meets a friend who just got married or had a child may wish him a “Mazal Tov,” for giving someone a blessing is not included in the prohibition of extending a greeting (Piskei Teshuvot 554:19). Similarly, hand shaking is not included in the prohibition (Har Tzvi, Y.D. 290).

    Just as one may not offer greetings on Tish’a B’Av, one may not send gifts either (M.B. 554:41). Charity, however, is not considered a gift. Therefore, one is permitted, even obligated, to send food to the needy, so they can have something to eat after the fast (see K.H.C. 554:91).


    [15]The Tosefta (Ta’anit 3:11) states, “One may not extend a greeting to Chaveirim (Torah Jews) on Tish’a B’Av, but [one may say it] in a soft voice to a simple person.” Some understand [this to mean] that the prohibition applies only to Torah scholars, who are called Chaveirim. This appears to be the Rambam’s viewpoint, as the Bach understands it. However, the Mordechai (Mo’ed Kattan 895) presents a different version of the Tosefta: “One may not extend a greeting to his friend (chaveiro).” The Shulchan Aruch (554:20) rules in accordance with this [version], [stating] that one may not extend greetings on Tish’a B’Av, and that one who is greeted by someone unfamiliar with the halachah should answer in a soft voice. Virtually all the Acharonim concur. Nonetheless, we learned that one should not bring the matter to a simpleton’s attention, for there are those who say that he is not obligated in this [halachah]. See R. Karp’s work, 7:72. Also see Torat HaMo’adim 8:22.

    12 – Trips and Visiting the Western Wall (Kotel)

    One must avoid taking trips on Tish’a B’Av, because they divert one’s attention from mourning. One should also avoid friendly conversations, because they can lead to laughter and lightheadedness (Sh.A. 554:21). It is a good practice to talk about the churban, Israel’s tribulations, and the ways of repentance for both the community and the individual.

    Even those who are accustomed to visiting cemeteries after the recitation of Kinot must be careful not to go in large groups, because they might become distracted from mourning (Rama 559:10, M.B. 41).

    It is obvious that one should not refrain from going to the Kotel out of concern that he might meet friends there and be happy. I heard from my father, my teacher, that there is no greater rectification for Tish’a B’Av than going to the Western Wall – the only remnant [of our Temple] left standing after the churban – and praying for the Beit HaMikdash to be rebuilt speedily in our days. On the contrary, the fact that many people assemble there increases the power of the prayers and magnifies God’s glory. My father added that just as one would not say that it is forbidden to build the Holy Temple during the Nine Days because it is an act of building that entails joy, so too one should not say that it is forbidden to visit the Kotel on Tish’a B’Av for fear that one might meet friends there. Rather, if one meets his friends there, he should avoid saying Shalom, but he may shake their hands lovingly and pray with them for the rebuilding of the Beit HaMikdash.

    13 – Sitting and Lying on the Ground

    According to [the letter of] the law, there is no obligation to sleep or lie on the ground on Tish’a B’Av. For Chazal’s statement – “All mitzvot that apply to a mourner apply on Tish’a B’Av” (Ta’anit 30a) – refers only to those acts that are forbidden during the [seven-day] mourning period, like washing, anointing, wearing shoes, marital relations, greeting one another, and Torah study. However, the mitzvot that a mourner must keep, like turning over the beds and sitting on the floor, do not apply on Tish’a B’Av according to [the letter of] the law (Tur, O.C. 555). Nonetheless, the custom is to exhibit our mourning on Tish’a B’Av in the way we lie and sit, as well. But since this law is based on custom, it is more lenient [than the other prohibitions are], as we will explain presently.

    Lying down: Some people sleep on the ground; others sleep without a pillow; and still others place a stone beneath their heads (Sh.A. 555:2). One who finds it difficult to sleep in this manner, may sleep normally (M.B. 555:6). The prevalent custom is to… place one’s mattress on the ground, thus precluding the need to remove one’s pillow. It is best to place a stone underneath the mattress. This way, one observes the custom of mourning without having much difficulty falling asleep.

    Sitting: The custom is to sit on the ground like mourners. However, since there is no halachic obligation to do so, we are not strict about this all day long (Bach 559:1). Ashkenazim [sit on the ground] until midday, while Sefardim [do so] until the Minchah (Afternoon) service (Sh.A. and Rama 559:3). Thus, one who takes a nap in the afternoon need not place his mattress on the ground.[16]

    We already learned (above, 9.3) that some have a custom, based on Kabbalah, not to sit on the ground without a piece of cloth or wood to separate [between the person and the floor] (Birkei Yosef 555:8). If the floor is tiled, however, many [poskim] maintain that there is no need [for a separation], even according to Kabbalah. Some are meticulous to make a separation even on tiled floors, but many people follow the lenient custom.

    Since there is no halachic obligation to sit on the ground, one may sit on a small cushion or a low bench, but they should preferably be no higher than a tefach (handbreadth) off the ground. If it is difficult to sit so low, one may be lenient and sit on a chair that is less than three tefachim (24 cm) high. And if even this is difficult, one may sit on a chair that is slightly higher than three tefachim.[17]

    Sitting on stairs is considered sitting on the ground, because people step on them (Mekor Chayim by the [author of] Chavot Ya’ir). Some [authorities] allow one to sit on an overturned stender (lectern), even if it is higher than three tefachim. Since it is not designated for sitting, one who sits on it is not considered as one who sits on a chair. Pregnant women, the elderly, the sick, and those who suffer from back aches – for whom sitting on a low chair is difficult – may sit on regular chairs (A.H.Sh., Y.D. 387:3).


    [16]Some say that one may sit on a chair immediately following the recitation of Kinot. This is the opinion of Sefer HaBrit, and one can infer it from Tractate Sofrim 18:7, as well, as [the author of] Hilchot Chag BeChag (7:95) points out. Those who find it difficult to sit on the ground may rely on this. Sefardim, as well, may be lenient, when necessary, starting midday, or at least half an hour after midday, which is the [earliest] time [one can pray] Minchah.

    [17]The Maharil sat directly on the ground, but since there is no obligation [to do so], the Magen Avraham (559:2) allows one to sit on a cushion. The [Chafetz Chayim], in Mishnah Berurah 11 and Sha’ar HaTziyun 9, permits one to sit on a low bench, when necessary. The Ben Ish Chai (Devarim 20) writes that it should be no higher than a tefach. Many are lenient up to three tefachim, which is considered still attached to the ground, and the Chazon Ish permits even more than three tefachim. See Piskei Teshuvot 559:4 and Hilchot Chag BeChag 7:65:92. Regarding the Kabbalistic custom [not to sit directly on the ground], see Kaf HaChayim 552:39, which says that there is no obligation to put a separation on tiled floors. However, it is best to act stringently, when possible. See Torat HaMo’adim 10:2 and Hilchot Chag BeChag 7:66.

    14 – Doing Work

    Our Sages state, “Anyone who works on Tish’a B’Av will never see a sign of blessing” from it (Ta’anit 30b). The reason is that [doing work] distracts one from mourning. However, Chazal did not prohibit work on Tish’a B’Av explicitly. Rather, some places had a custom to forbid it, while others had a custom to permit it. Thus, the Rabbis said that the local custom obligates [each individual]. Therefore, one is forbidden to work on Tish’a B’Av in a place where the custom is to refrain from doing work (Pesachim 54b). Nowadays, all of Israel has a custom to refrain from doing work on Tish’a B’Av until midday. It is proper to continue doing so after midday, as well, in order to remain focused on the mourning. Therefore, we work after midday only if it is very necessary (see Sh.A. and Rama 554:22, 24; M.B. 49).

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

    Writing is forbidden, because it is a distraction, but one may transcribe things that are related to Tish’a B’Av.

    It is permissible to sell food items [on Tish’a B’Av], so that people can have what they need for the meal after the fast. Starting midday, one may prepare for that meal. Some women have a custom to toil and clean the house after midday, in anticipation of Mashiach, who is [supposed to be] born on Tish’a B’Av. One should not denounce their actions (Birkei Yosef 559:7).

    A Jew may instruct a non-Jew to do work for him on Tish’a B’Av. However, jobs that are done out in the open, like building a house or doing business in a store, are forbidden, because it looks like [the one who commissioned the work] is belittling the communal mourning (M.B. 554:46).

    One may perform a task on Tish’a B’Av if delaying it will cause significant [monetary] loss, similar to the law on Chol HaMo’ed (Sh.A. 554:23).[18]


    [18]The Shulchan Aruch implies that the custom-based prohibition to do work applies the entire day of Tish’a B’Av. [The author of] Torat HaMo’adim (8:24) concurs, writing that this is the Sefardic custom. From the wording of the Kaf HaChayim (554:97), however, it does not seem that there is a compulsory custom in this regard. I did not get involved in this issue [above] because, anyway, it is proper to refrain from work in the afternoon. The distinction [I made between various types of work] based on the duration [of the task] is found in Terumat HaDeshen and Rama 554:22, and its logic is that when something takes time [to execute], it causes one to forget that he is mourning. This is the criterion upon which every question should be decided. The Acharonim debate whether it is permissible to write [on Tish’a B’Av], as the Bi’ur Halachah (s.v. al) and Kaf HaChayim (110) demonstrate. I stated [above, that writing is forbidden] based on the rationale behind the halachah, that it all depends on [whether the task causes] a distraction from mourning. If one is concerned that he will forget a novel idea [he came up with], he may write it down, in accordance with the law [that permits one to do] work in a situation of potential loss.

    15 – The Reading of Eichah and Dimming the Lights

    We read Eichah after praying Ma’ariv. Many Rishonim hold that a blessing is recited over the reading of Eichah, but many communities do not follow this practice. Moreover, many [poskim] maintain that even those who require a blessing agree that if Eichah is not written on parchment, like a Torah, no blessing is made. Nevertheless, few communities are careful to write the Scroll of Eichah on parchment. In practice, [all] Sefardim and many Ashkenazim, including all Chassidm, read Eichah without a blessing; while some Ashkenazim – especially those who follow the Vilna Gaon’s practices – read it from a kosher scroll written on parchment and recite a blessing.[19]

    It is customary to darken the Synagogue on the night of Tish’a B’Av, as it says, He has settled me in darkness (Eichah 3:6). The Midrash (Eichah Rabbah 1:1) similarly states that the Holy One, blessed be He, said to the ministering angels at the time of the churban, “What does a human king do when he is mourning?” They replied, “He extinguishes the lamps.” [God] said to them, “I will do the same,” as it says, The sun and moon became blackened (Yo’el 2:10).

    Already at the beginning of the night, we turn off some of the lights in the Synagogue, and it is fitting to do the same at home. The main thing to be meticulous about is to dim the lights in preparation for the reading of Eichah, because that is when they used to blow out all the candles, except for the few that were needed for the reading (Sh.A. 559:3). Now that we use electric lights, some have a custom to turn off all the lights before the reading and produce the necessary light with candles alone. Others keep a few electric lights on.

    The [Rabbinic] institution to read Eichah in public primarily related to [reading it] at night, as it says (Eichah 1:2), She weeps sorely in the night (Sh.A. and Rama 559:1-2). However, many people have a custom to read it again during the day, after the recitation of Kinot. In a place where the congregation does not read it [publically] during the day, it is proper for each individual to read it by himself (M.B. 559:2).


    [19]Tractate Sofrim (14:3) states clearly that a blessing is recited over the reading of Eichah. Or Zaru’a, Shibolei HaLeket, HaManhig, and others concur. The Beit Yosef (559:2) writes that people do not customarily recite a blessing. See also Rama, O.C. 490:8 with M.B.; Yabi’a Omer 1:29; Torat HaMo’adim 10:12; Hilchot Chag BeChag 9:4, 9:24. Regarding the custom to dim the lights, which is mentioned in the continuation [of the main text], see Torat HaMo’adim 10:4; Hilchot Chag BeChag 9:3.

    16 – Anneinu, Nacheim, the Priestly Blessings, and Tachanun

    The laws of reciting Anneinu [on Tish’a B’Av] are the same as those of the other fast days, as we explained above (7.10). As we learned [there], Sefardim are accustomed to saying it in all the silent prayers of the fast; therefore, on Tish’a B’Av, which begins at night, they say it in Ma’ariv, Shacharit, and Minchah. According to Ashkenazi practice, however, the only silent prayer in which it is said is Minchah.

    [The Rabbis] instituted that Nacheim be added to the blessing of Boneih Yerushalayim whenever Anneinu is said. The conclusion of the blessing is changed, as well: Menachem Tziyon b’vinyan Yerushalayim (Sefardic version) or Menachem Tziyon u’voneih Yerushalayim (Ashkenazi and North African version). Indeed, the wording of Nacheim contains phrases that, seemingly, do not coincide with current-day Jerusalem, like: “[The city that is…] mournful without her children…desolate without inhabitants. She sits with her head covered, like a barren woman who has not given birth. Legions have devoured her and idolaters have taken possession of her.” However, we do not have the power to change the formulation that our Sages instituted. Besides which, we can – unfortunately – apply all this to the Temple Mount. Furthermore, compared to what Jerusalem should be – the capital of the world, the perfection of beauty, the joy of all the nations – it is considered destroyed and desolate.[20]

    One does not say Tachanun on Tish’a B’Av or during the Minchah prayer on the eve of Tish’a B’Av, because Tish’a B’Av is called a mo’ed (an appointed time), as it says (Eichah 1:15), He has declared a set time against me (Sh.A. 559:4). (That is, a mo’ed is a special time; if we are worthy, it will be a holiday; if not, it will be a time of mourning.)

    In some communities, the kohanim (priests) do not spread their hands [to recite the priestly blessings] during Shacharit [of Tish’a B’Av], as it says, When you spread your hands, I will hide My eyes from you (Yeshayah 1:15). This is similar to [the halachah] that a kohen who is in mourning does not “spread his hands,” because he is unhappy and [therefore] unable to bless [the congregants] with peace. Most Ashkenazim and some Sefardim follow this custom. The kohanim of other communities do “spread their hands” during Shacharit, and this is the custom of the Kabbalists in Jerusalem. Each community should continue following its own custom. According to all customs, [the kohanim] recite the priestly blessings when praying Minchah towards evening (see K.H.C. 559:30, Torat HaMo’adim 10:17, above 7.12).

    We customarily pray [on Tish’a B’Av] like mourners do – patiently, in a soft voice, and without cantillation (Rama 559:1).


    [20]One who forgets to say Nacheim [in its proper place] should say it in the blessing pertaining to the Temple service [Retzeih] (B.H. 557). If one forgets [to insert it there as well], he should say it in Elokai Netzor. And if one [remembers only after] completing the entire Shemoneh Esrei, he should not pray again in order to say Nacheim.

    North African Jews say Nacheim only during Minchah, as Ashkenazim do (Tefillat HaChodesh).

    17 – Removing the Curtain from Before the Ark; Tallit and Tefillin

    We remove the curtain from before the Holy Ark prior to the Ma’ariv service, as it says, The Lord has done what He planned; He has fulfilled His word (Eichah 2:17), which Chazal interpret to mean that HaShem, as it were, tore His garment. By doing this, we demonstrate how low we have descended since the Temple was destroyed (Rama 559:2). We return the curtain to its proper place before praying Minchah (K.H.C. 19).

    Many also have a custom not to wear their prayer shawls (talit gadol) or don their tefillin during Shacharit prayers. Just as HaKadosh Baruch Hu, as it were, “fulfilled His word” – i.e., tore His garment – so too, we refrain from wearing a talit. And just as the verse states, He cast down from heaven to earth the glory of Israel (Eichah 2:1), which refers to God’s tefillin, so too, we refrain from adorning ourselves with tefillin. However, since most Rishonim hold that the mitzvah of donning tefillin takes affect on Tish’a B’Av as it does on all other days, we wear talit and tefillin at Minchah time. [The Rabbis] chose to abstain from these mitzvot during Shacharit because that is when we demonstrate the height of our mourning and pain through the recitation of Kinot. By Minchah time, in contrast, we already accept some consolation. The Shulchan Aruch codifies [this practice] into law (555:1), and all Ashkenazi communities, as well as many Sefardic ones, follow it. One should wear his talit kattan [the small four-cornered garment usually worn under one’s shirt] from the beginning of the day [as usual], but it is uncertain whether a blessing is said when putting it on. Therefore, it is preferable to sleep in one’s talit kattan on the night of Tish’a B’Av; this way, one will not have to recite the blessing in the morning. Only before Minchah will one recite the blessing, upon enwrapping himself in his large talit (prayer shawl).

    There are some meticulous Jews who do not want to read the Shema without wearing a talit and tefillin. Therefore, they put them on at home, before Shacharit, read the Shema, and then go to pray with the congregation, without talit and tefillin. Some Sefardic communities wear talit and tefillin during Shacharit, [as usual]. Each community should continue observing its custom.[21]


    [21]According to the Ra’avad, one should not wear tefillin on Tish’a B’Av, just like a mourner does not wear tefillin on his first day of mourning. Others maintain that although there is no obligation to wear tefillin on Tish’a B’Av, there is also no prohibition to do so. The Me’iri quotes this in the name of “a few sages,” and the Maggid Mishnah explains this to be the Rambam’s opinion (in terms of the head tefillin). The Ramban, Rashba, Rosh, and most of the Rishonim hold that one is obligated to wear tefillin on Tish’a B’Av. The prevalent custom, as cited in the Shulchan Aruch 555:1, is not to wear them until Minchah. Similarly, the Maharam of Rotenberg and other Rishonim are quoted as saying that during Shacharit one should act as a first-day mourner [and refrain from donning tefillin], but after Minchah time, one must put on his tefillin, as if it is an ordinary day. Many great Sefardic sages, as well as a few Ashkenazi gedolim, were careful to wear their talit and tefillin before Shacharit prayers, in order to read the Shema in the best possible way; afterwards, they would go to the synagogue and pray with the congregation, without talit and tefillin. This was the custom of Maharam Galanti. The Ben Ish Chai (Devarim 25) and R. Chayim Palagi write that everyone should adopt this practice. Some communities prayed together while wearing their talitot and tefillin. The author of Knesset HaGedolah writes that this was the custom in Salonika, and the author of Shulchan Gavo’ah says that this was the custom in Izmir. The Kabbalists of Beit El in Jerusalem also followed this custom, as cited in Kaf HaChayim 555:4. See Torat HaMo’adim 10:15, Hilchot Chag BeChag 7:48. If one whose father’s custom is to wear tefillin during Shacharit in the synagogue prays in a minyan where they do not wear them, he should don tefillin at home, read Shema, and then go to the synagogue and pray with the congregation, without tefillin.

    18 – Words of Torah in our Prayers and the Blessing of SheAsah Li Kol Tzorki

    Most of the passages that we say in the framework of Korbanot (Sacrifices) are included [in our prayers] for two reasons: 1) [to serve] as a substitute for [actual] sacrifices and a preparation for prayer, 2) to give every Jew the opportunity to learn Torah every day – [by reciting] verses from Scriptures, Mishnayot, and Talmudic statements. Consequently, on Tish’a B’Av, when one is forbidden to study Torah, the question arises, is it permissible to recite these passages? Many [poskim] hold that the main purpose of any part of our liturgy is prayer-related and one is, therefore, allowed to recite it on Tish’a B’Av. The Sefardim, as well as some Ashkenazim, follow this viewpoint. Other [authorities] maintain that on Tish’a B’Av one is permitted to say only what he says on a regular basis in his prayers. He should not, however, say that which he does not usually say in the section of Korbanot.[22]

    Some people are accustomed to saying several chapters of Tehillim every day, such that they complete the entire book once a month. Some [authorities] say that one may recite these daily chapters on Tish’a B’Av, after midday. Others maintain that it is better to push it off until after the fast (M.B. 554:7, K.H.C. 20).[23]

    One of the blessings we say in the morning is SheAsah Li Kol Tzorki, in which we thank God for providing us with shoes to wear. Even though it is forbidden to wear leather shoes on Tish’a B’Av and Yom Kippur, Ashkenazim and some Sefardim say the blessing, because it is a general expression of thanksgiving for the normal way of the world, not for the shoes one wears on any particular day. Moreover, one is permitted to wear non-leather shoes on these days. Furthermore, we put on [regular] shoes after the fast is over, and some say that the blessings we say in the morning apply to the night, as well. According to the Ari, however, one should not recite this blessing on [these] fast days. Most Sefardim follow this viewpoint.[24]

    On the night of Tish’a B’Av, one is permitted to say the entire order of Kri’at Shema Al HaMittah (the recitation of Shema before going to sleep), because the verses included therein are said for the purpose of prayer, not Torah study.


    [22]. The Shulchan Aruch (554:3) states that one may say the entire order of daily prayer, even the Midrash of Rabbi Yishma’el. The Aruch HaShulchan (554:6) concurs. The Rama (559:4) writes that one should not say Pitum HaKetoret. See Hilchot Chag BeChag 7:44, where [the author] explains that [the Rama] is referring to the Pitum HaKetoret at the end of Shacharit, for not everyone is accustomed to saying it. The Mishnah Berurah (554:7), however, implies that [the Rama’s statement] refers to the Pitum HaKetoret said before the prayer service. Either way, it seems from the Mishnah Berurah that the rule is as follows: whatever people regularly say in their daily prayers may be said onTish’a B’Av as well. This is the second opinion I mentioned above. See Piskei Teshuvot 554:4, Torat HaMo’adim 8:19.

    [23]. The Taz permits one to recite the daily portion of the parashahsh’nayim mikra ve’echad targum – [on Tish’a B’Av], and there are those who rely on his opinion, like Chabad Chassidim with regard to Chitat (Chumash, Tehillim, and Tanya). However, the overwhelming majority of Acharonim do not accept this viewpoint, as the Sha’ar HaTziyun (554:11) explains. Similarly, one should not read the daily portion of Chok LeYisrael or Ma’amadot, as the Birkei Yosef (554:5) and Mishnah Berurah (554:7) write. One whose loved one is ill may say Tehillim on his behalf, even before midday, because it [is being said] for a special reason (Divrei Malki’el 6:9; Torat HaMo’adim 8:19, end of note).

    [24]. The Rosh, Ran, and Tur (O.C. 613) are of the opinion that one should recite SheAsah Li Kol Tzorki on Yom Kippur, and the Mishnah Berurah (554:31) agrees. According to the Rambam, however, one does not recite the blessing, because he holds that one does not recite a blessing [on something] unless he derives pleasure from it, as the Beit Yosef (O.C. 613) explains. The Vilna Gaon followed this custom, but he would say the blessing after the fast, upon putting on his [regular] shoes (Ma’aseh Rav 9). In general, the Ari’s custom was to recite blessings even [upon things] from which one derives no pleasure (see Peninei Halachah, Tefillah 9:3), but he said that one should not recite [certain] blessings on fast days, and that is what his followers do in practice, as quoted in Kaf HaChayim (46:17). The author of Rav Po’alim (2:8) writes that the blessing should not be recited even after the fast is completed. See Hilchot Chag BeChag 7:36. See Torat HaMo’adim (10:14) where the author mentions the accepted Sefardic ruling not to recite the blessing on fast days, but he adds that those who do say it have [authorities] upon whom to rely. At the end of the footnote, he writes that his father, the brilliant R. Ovadyah Yosef, is actually accustomed to saying the blessing.

    19 – The Laws of the Tenth of Av

    The Babylonians conquered the Beit HaMikdash on the seventh of Av, setting it ablaze on the ninth of the month, late in the day, and it continued burning throughout the tenth of Av. Rabbi Yochanan commented that had he been alive at the time, he would have established the fast on the tenth of Av, because most of the Temple burned on that day. Some Amora’im (Talmudic Sages) adopted a stringency to fast on both the ninth and the tenth of Av. However, the prophets and sages established the fast on the ninth, because everything follows the beginning, and the disaster began on the ninth of Av (Ta’anit 29a, Yerushalmi Ta’anit 4:6).

    Nonetheless, since the majority of the Temple actually burned on the tenth of Av, the people of Israel have a custom not to eat meat or drink wine on that date. According to Sefardic custom, the prohibition lasts the entire day, while Ashkenazim observe this custom only until midday (Sh.A. and Rama 558:1).

    Most Acharonim maintain that, in addition to refraining from meat and wine, one may not wash clothes, wear freshly laundered garments, take haircuts, listen to joyous music, or bathe in hot water on the tenth of Av. One may, however, wash oneself with lukewarm water. Some [authorities] rule leniently, prohibiting only the consumption of meat and wine, while permitting bathing, haircutting, and laundering, without limitation. Ideally, one should follow the stricter opinion, but one may act leniently under pressing circumstances.[25]

    Another [prevalent] custom is not to say the SheHechiyanu blessing on the tenth of Av, as is the law during the Three Weeks (Chida, Kaf HaChayim 558:8; see above 8.7-8).

    When the tenth of Av falls out on a Friday, one is allowed to take a haircut, do laundry, and bathe, in preparation for the Sabbath, starting from the morning. And if one is pressed for time, he may even start preparing immediately after Tish’a B’Av ends (M.B. 558:3, A.H.S. 558:2. In the next halachah 1, we will discuss the laws of the night after the fast when [the fast] is postponed).

    The custom is to postpone Birkat HaLevanah (the Blessing of the Moon) until after the fast [of Tish’a B’Av], because the blessing must be recited joyously, and we decrease our joy during the Nine Days. Many people are accustomed to saying it immediately after the Ma’ariv prayer at the conclusion of the fast, but it is improper to do so, le’chatchilah. After all, it is difficult to be happy then, when we have yet to drink, eat, wash our faces and hands, or put on [regular] shoes. Therefore, [each community] should set a time – an hour or two after the fast – for the recitation of Birkat HaLevanah, and in the meantime, everyone will [have a chance to] eat something and wash up. This way, they will be able to say the blessing joyously. Where there is concern that pushing off Birkat HaLevanah may cause some people to forget to say it, [the congregation] may say it immediately after the fast, but it is best to take a drink and wash one’s face beforehand.[26]


    [25]. The ones who rule strictly are the Maharshal, Bach, Magen Avraham, Eliyah Rabbah, and others. Many people think that the Ashkenazim act stringently on this matter while the Sefardim act leniently. However, this is not apparent from the Acharonim. Many Sefardic [poskim] prohibit laundering, bathing, and haircutting [on the tenth of Av]; these include the Chida (Machazik Berachah 558:1), R. Chayim Palagi (Mo’ed LeChol Chai 10:92), and the Kaf HaChayim (558:6). The authors of Knesset HaGedolah (HaGahot Tur 558) and Ma’amar Mordechai rule leniently. The Bi’ur Halachah writes that one may rely on the lenient opinion under pressing circumstances. This viewpoint is shared by the majority of poskim. See Piskei Teshuvot 558:2. [R. Ovadyah Yosef] rules leniently in Yechaveh Da’at (5:41), while R. [Mordechai] Eliyahu rules stringently (Hilchot Chagim 29:3), adding that one who refrains from laundering, bathing, etc. the entire day of the tenth [of Av] is praiseworthy. The Kaf HaChayim (558:10) concurs.

    In general, the status of the tenth of Av is like that of the Nine Days – according to Ashkenazi custom – although slightly more lenient. During the Nine Days, the custom is to limit the number of people invited to a mitzvah-oriented meal in which meat and wine are served. On the tenth of Av, however, we make no such limits (M.B. 558:2). Some chassidim have a custom to make a siyum on the night after Tish’a B’Av, because hidden deep in the day’s essence is happiness, for the redemption begins then; see Piskei Teshuvot 558:1. [The poskim] also permit one to eat a cooked dish that has the taste of meat after the fast (B.H. 558:2). It is proper to refrain from marital relations on the night of the tenth, unless [the wife] immersed in a mikvah that night or [the husband] is going on a trip [the next day] (M.B. 558:2, K.H.C. 558:7).

    [26]. We already mentioned this halachah above, 1.16. According to the Maharil, Birkat HaLevanah should be moved to another day. The Rama (426:2) writes that if Tish’a B’Av falls out on a Thursday, Birkat HaLevanah should be postponed until Saturday night, but if [the fast] falls out on any other day, [the blessing] should be recited the next night. However, most Acharonim write that one should not delay the mitzvah. Rather, one must sanctify the New Moon immediately after Tish’a B’Av. The following works express this viewpoint: Knesset HaGedolah, Pri Chadash, Chida, Chayei Adam, and Mishnah Berurah (426:11). Some add another reason: we are slightly happy on the night after Tish’a B’Av, because [our tradition tells us that] Mashiach is born on Tish’a B’Av; therefore, it is fitting to sanctify the moon then. Nonetheless, the Mishnah Berurah (ibid.) and other Acharonim write that it is proper to eat and put on [regular] shoes before [reciting the blessing]. See Torat HaMo’adim 11:1, Piskei Teshuvot 551:31, and above 1.16.

    1. 20

    20 – When Tish’a B’Av Falls Out on Shabbat and is Postponed

    When Tish’a B’Av falls out on Shabbat, it is postponed until Sunday. On that Shabbat, we show no [outward] signs of mourning; rather, we eat and drink like we do on any other Shabbat, even feasting like King Shlomo did in his day (see above 9.4).[27]

    As we learned above (10.4), pregnant and nursing women must fast on Tish’a B’Av. On a postponed fast, however, the law is more lenient, and if they feel slightly weak or if they experience some type of pain, they are exempt from fasting, even though they are not [actually] ill (B.H. 559:9, s.v. ve’eino; K.H.C. 75).

    The main participants of a brit milah [the father, the mohel, and the sandak] must fast on Tish’a B’Av, but the law is more lenient when Tish’a B’Av falls out on Shabbat and the fast is postponed until Sunday. According to most poskim, these participants may pray Minchah after midday, perform the circumcision immediately afterwards, and then eat and drink. Some poskim rule strictly on the matter. In practice, the prevalent custom is to perform the brit towards the end of the day and eat the meal after the stars emerge.[28]

    When Tish’a B’Av falls out on Shabbat and the fast is postponed until Sunday, the tenth of Av, the customs of mourning do not continue after the fast, and one is allowed to take a haircut, do laundry, and bathe in hot water once the stars emerge. However, many [authorities] maintain that one should refrain from eating meat and drinking wine that night. Since everyone fasted during the day, it is improper to immediately rejoice by consuming meat and wine (Rama 558:1, M.B. 4-5, Rav [Mordechai] Eliyahu’s Hilchot Chagim 29:9). Others permit the consumption of meat and wine immediately following the fast (R. Chayim Vital, Pri Chadash, Torat HaMo’adim 11:8).


    [27]. The Shulchan Aruch (554:19) writes that when Tish’a B’Av coincides with Shabbat, one is permitted to do all [that is ordinarily forbidden to be done on Tish’a B’Av], even marital relations. The Rama, however, says that one should refrain from such relations, for [acts that constitute] private mourning remain forbidden [on that Shabbat], because [refraining from them] does not diminish the honor of the Sabbath. The Mishnah Berurah (40) writes – based on the Shelah and the Magen Avraham – that if a woman goes to the mikvah [that Friday night], thus making it a mitzvah to have marital relations, then even those who [usually] follow the Rama’s customs would rely on the Shulchan Aruch’s opinion.

    [28]. The Shulchan Aruch (559:8) rules leniently and permits [the three main participants] to partake in a meal in honor of the brit on a postponed fast day. Other [poskim] forbid this; see K.H.C. 559:74 and M.A. 559:11. Most authorities, however, hold the more lenient opinion; so claim the Mishnah Berurah and [the author of] Torat HaMo’adim (2:5). In practice, though, many communities act strictly. The author of Knesset HaGedolah writes that the Jews of Turkey acted strictly; the author of Shulchan Gavo’ah writes that this was also the custom in Salonika; and Responsa Pe’ulat Tzaddik (3:147) cites this as being the custom in Yemen. The Aruch HaShulchan (559:9) writes, “We have never seen or heard of anyone” making a meal on a postponedTish’a B’Av, or even on one of the minor fasts [that was postponed]. See Piskei Teshuvot 559:9. (Regarding the previous halachah: the author of Yechaveh Da’at, 3:40, rules leniently… even if [the woman] feels no pain [at all].)

    21 – Minors

    As is true regarding all other mitzvot, we are commanded to educate our children to keep the mitzvot relating to Tish’a B’Av and mourning over the churban. Since children are weak, however, it is impossible to teach them to fast [when they are young]. Therefore, we train them to fast a few hours, depending on their strength, only starting from age nine. They should not fast the entire day (Rama of Panow 111; see K.H.C. 554:23). When feeding children [on Tish’a B’Av], one should give them only simple foods, in order to teach them to join with the community in mourning (M.B. 550:5). Many people are careful to teach their children who have reached the age of chinuch (education) – from around six years old – not to eat or drink on the night of the fast.

    At the age of chinuch… when a child begins to understand the story of the destruction and the [concept of] mourning over it, we teach him or her not to wear leather sandals or shoes and not to apply ointments or bathe for the sake of pleasure. Some act strictly in this regard even from the age of two or three. Even though children of this age do not understand the concept of mourning, [these acts nonetheless symbolize] a sharing in [the Jewish people’s] anguish and demonstrate our grief over the churban, seeing that even small children participate, in some way, in our mourning.[29]

    [As mentioned] above (10.10), one is forbidden to study Torah [on Tish’a B’Av], because it brings a person joy, and one may only learn sad topics related to the destruction of the Temple and the laws of mourning. The same applies to teaching children: adults may only teach them topics related to the churban and mourning. Some say that adults may not teach children even those topics and laws related to the churban, because adults feel joy when they teach children. [According to these authorities], the only thing one may do is tell them the story of the destruction (M.B. 554:2; see K.H.C. 8). Since these two opinions are equally [represented], every person may choose which one he wants to follow. Everyone agrees, however, that a minor may learn, on his own, whatever an adult may learn.[30]


    [29]. Actually, with regard to Yom Kippur, the Shulchan Aruch (616:1) rules that children must observe only the prohibition against wearing shoes – because doing so does not cause that much pain – while washing and anointing are permitted. Nonetheless, the reason for this leniency is that people used to wash and anoint young children in order to foster growth. Today, however, when we do not follow such a practice, it seems that washing and anointing are forbidden just like wearing shoes is. Nit’ei Gavri’el 69:2, 73:3 advances this logic. The Chochmat Adam (152:17) writes that one need not train children [on Tish’a B’Av], even with relation to wearing shoes, because we educate children [to observe these laws] only on Yom Kippur, but onTish’a B’Av and in cases of personal mourning, there is no need to do so, if it entails even a small degree of pain. The Magen Avraham (551:38), however, asserts that we educate children [to keep the laws of] public mourning. The Mishnah Berurah (551:81) concurs, adding that there are two reasons why [adults] may not give haircuts [to children during the Nine Days]: 1) for educational purposes – accordingly, the prohibition starts at age six; and 2) to generate feelings of sorrow among the adults – in which case the prohibition starts even before then. The author of Piskei Teshuvot (554:15) concludes that, either way, everyone agrees that there is no need to be strict before the age of two or three.

    [30]. The Bach, Taz, and others [assert] that children who understand what they learn may study sorrowful topics, and when [our Sages] say that it is forbidden to teach children, they mean [it is forbidden to teach them] their regular course of study. The Magen Avraham maintains that [an adult] should not teach them even sad topics, but one may tell them stories about the churban. See R. Karp’s [Hilchot Chag BeChag] 7:42 and Torat HaMo’adim 8:20.

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