{"id":5832,"date":"2010-02-07T02:00:36","date_gmt":"2010-02-07T00:00:36","guid":{"rendered":"https:\/\/ph.yhb.org.il\/en\/?p=5832"},"modified":"2010-02-07T02:00:36","modified_gmt":"2010-02-07T00:00:36","slug":"05-07-02","status":"publish","type":"post","link":"https:\/\/ph.yhb.org.il\/en\/05-07-02\/","title":{"rendered":"2 \u2013 The Laws of the Minor Fasts"},"content":{"rendered":"

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.\u00a0 Just as the very obligation to fast depends on Israel\u2019s desire, so do the [other] laws of the fast.\u00a0 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<\/i> fast.\u00a0 This is the fundamental difference between the three minor fasts and Tish\u2019a B\u2019Av<\/i>.\u00a0 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 \u2013 among other things \u2013 to afflict ourselves by not bathing, applying ointments, wearing shoes, and engaging in marital relations, just like on Yom Kippur<\/i>.<\/p>\n

However, the laws of the other fasts that were instituted as a result of the churban<\/i> are more lenient.\u00a0 We fast only during the day and we are only prohibited from eating and drinking, not bathing etc.<\/p>\n

Another difference: pregnant and nursing women must fast on Tish\u2019a B\u2019Av<\/i>; only the infirm are exempt.\u00a0 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]<\/a><\/sup><\/p>\n

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.\u00a0 It is also inappropriate to take a haircut, listen to joyous music, or shop for things that make one happy during the fast.[3]<\/a><\/sup><\/p>\n

\n
\n
\n[2]<\/a>. During periods of harsh decrees, are we obligated \u2013 on a practical level \u2013 to treat all the fast days like Tish\u2019a B\u2019Av<\/i>?<\/b>\u00a0 Seemingly, according to the Gemara<\/i> in Rosh HaShanah<\/i>, 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 [\u201cminor\u201d] fasts as they did on Tish\u2019a B\u2019Av<\/i>.\u00a0 However, we do not find that the Rishonim mention such an idea.\u00a0 Even the Ramban writes, in Torat HaAdam<\/i> (p. 243, Chavel edition), that [the Jews] already decided, put into practice, and accepted upon themselves to fast, adding, \u201cAll the more so in our generation, for due to our numerous sins, the Jews suffer hardships and there is no peace.\u00a0 Therefore, everyone must fast.\u201d\u00a0 Nonetheless, he does not say that one needs to fast an entire day.\u00a0 On the contrary, he concludes, \u201cGo see what the people do.\u201d\u00a0 Apparently, he means to say that the custom is to treat them like minor fasts.\u00a0 This is how the Shulchan Aruch codifies the halakha<\/i> (OC 550:2).\u00a0 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\u2019s will, and [the Jews] agreed to fast only during the day.\u00a0 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.\u00a0 The Gra writes similarly in his commentary [on the Shulchan Aruch<\/i>, 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.<\/p>\n

However, some [authorities] maintain that Jews must observe full-day fasts in every generation during periods of [anti-Jewish] decrees and religious persecution.\u00a0 This seems to be the simple understanding of the Talmudic discourse as explained by the Ramban and the other poskim<\/i>.\u00a0 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\u2019a B\u2019Av<\/i>.\u00a0 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.\u00a0 It is possible, though, that even they are [exempt from this stringency, seeing that they are considered] \u201cunder duress\u201d because of the persecutions.<\/p>\n

The Shelah writes in Tractate Ta\u2019anit<\/i> (Ner Mitzvah<\/i> 6) that it would have been appropriate to act strictly [and treat] all three fasts like Tish\u2019a B\u2019Av<\/i>, but we do not impose an enactment upon the people unless they can bear it.\u00a0 Therefore, [the rabbis] ruled strictly only with regard to Tish\u2019a B\u2019Av<\/i>.\u00a0 Sefer HaPardes<\/i>, attributed to Rashi, indicates that an individual who feels that he can tolerate it should fast an entire day on all the fasts.\u00a0 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.\u00a0 The Magen Avraham and many other Acharonim mention this [ruling].\u00a0 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.\u00a0 Therefore, individuals who are capable of acting strictly should do so.\u00a0 The reason [Sefer HaPardes<\/i>] ruled leniently regarding the other restrictions is that their status is more lenient from the start.\u00a0 After all, many poskim<\/i> maintain that these restrictions are not forbidden by Torah law even on Yom Kippur.\u00a0 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.\u00a0 I believe that their reasoning is based on the fact that there were so many [harsh] decrees, as I wrote above, and the Sha\u2019ar HaTziyun (9) concurs.\u00a0 (See Rabbi Karp\u2019s Hilchot Bein HaMetzarim<\/i> 1:8, where he makes an inference from the words of the Gra.\u00a0 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].\u00a0 See also Piskei Teshuvot<\/i> 550 6-7, [and note] 22.)<\/p>\n

Either way, in our times, after the establishment of the State of Israel (with God\u2019s help), it seems that there is no reason whatsoever to act strictly.\u00a0 We are obligated to fast, regardless of the nation\u2019s will, only when there are [harsh] decrees, according to the Ramban, or religious persecutions, according to the Tashbetz and the Tur.\u00a0 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\u2019a B\u2019Av<\/i>.\u00a0 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\u2019s 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 \u2013 thank God \u2013 we are not even subjugated to the nations of the world.\u00a0 After all, Rashi holds that the fasts are completely nullified when we are free from the yoke of the nations.\u00a0 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.\u00a0 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\u2019a B\u2019Av<\/i>.\u00a0 This goes against what is written in Torat HaMo\u2019adim<\/i> (1:4) and Hilchot Chag BeChag<\/i> (1:3).\n<\/div>\n

\n[3]<\/a>. The Shulchan Aruch (550:2) rules that one may bathe on the minor fasts.\u00a0 The majority of poskim<\/i> agree, and the halakha<\/i> follows their opinion.\u00a0 Tosafot (Ta\u2019anit<\/i> 13a, s.v. ve\u2019chol<\/i>) quotes the Ra\u2019avyah as saying that one may even bathe in hot water, [adding that] Rav Yoel, his father, prohibits the use of hot water.\u00a0 Several other Rishonim and Acharonim mention this stringency.\u00a0 The author of Torat HaMo\u2019adim<\/i> (1:6) cites the sources.\u00a0 Two possible explanations can be given for this stringency: 1) [The rabbis] introduced it at a time of harsh decrees.\u00a0 If so, there is no room to adopt it nowadays, as explained in the previous note.\u00a0 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<\/i>.\u00a0 This reason is mentioned in Bi\u2019ur Halachah<\/i> (551:2, s.v. meRosh Chodesh<\/i>) and Sha\u2019ar HaTziyun<\/i> (550:8) in the name of Eliyah Rabbah<\/i>, Ateret Zahav<\/i>, and Pri Megadim<\/i>.\u00a0 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<\/i> blessing if possible (see below 8:7; KHC 551:209).\u00a0 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).\u00a0 It is appropriate to avoid majorly joyous events, like dances, even on the night of a fast.\u00a0 Regarding weddings, however, there are varying opinions.\u00a0 After all, since weddings involve [the fulfillment of] a mitzvah<\/i>, they may be permitted on the night of a fast.\u00a0 (See also Piskei Teshuvot<\/i> 550:7; Mikra\u2019ei Kodesh<\/i>, [by R.] Harrari, 3:9-10, with notes.)\u00a0 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<\/i> 551:7).\u00a0 Some authorities forbid one to wash even in cold water on the minor fasts.\u00a0 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.\u00a0 It is a mitzvah<\/i> 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.\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

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.\u00a0 Just as the very obligation to fast depends on Israel\u2019s desire, so do […]<\/p>\n","protected":false},"author":10,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[60],"tags":[],"class_list":["post-5832","post","type-post","status-publish","format-standard","hentry","category-05-07"],"yoast_head":"\n2 \u2013 The Laws of the Minor Fasts - Peninei Halakha<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/ph.yhb.org.il\/en\/05-07-02\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"2 \u2013 The Laws of the Minor Fasts - Peninei Halakha\" \/>\n<meta property=\"og:description\" content=\"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.\u00a0 Just as the very obligation to fast depends on Israel\u2019s desire, so do […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/ph.yhb.org.il\/en\/05-07-02\/\" \/>\n<meta property=\"og:site_name\" content=\"Peninei Halakha\" \/>\n<meta property=\"article:published_time\" content=\"2010-02-07T00:00:36+00:00\" \/>\n<meta name=\"author\" content=\"\u05e6\u05d5\u05d5\u05ea \u05d4\u05d0\u05ea\u05e8\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"\u05e6\u05d5\u05d5\u05ea \u05d4\u05d0\u05ea\u05e8\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"9 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/ph.yhb.org.il\\\/en\\\/05-07-02\\\/#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/ph.yhb.org.il\\\/en\\\/05-07-02\\\/\"},\"author\":{\"name\":\"\u05e6\u05d5\u05d5\u05ea \u05d4\u05d0\u05ea\u05e8\",\"@id\":\"https:\\\/\\\/ph.yhb.org.il\\\/en\\\/#\\\/schema\\\/person\\\/8822293bfa4f7cd35b44a3c311851b63\"},\"headline\":\"2 \u2013 The Laws of the Minor Fasts\",\"datePublished\":\"2010-02-07T00:00:36+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/ph.yhb.org.il\\\/en\\\/05-07-02\\\/\"},\"wordCount\":1791,\"publisher\":{\"@id\":\"https:\\\/\\\/ph.yhb.org.il\\\/en\\\/#organization\"},\"articleSection\":[\"7 - 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