Thursday, August 7, 2008

The Laws of Tisha B'av

The Laws of Tisha B’av

Erev Tisha B’av
1. One should not take pleasure walks after midday (Remember: no Tachanun is said at Mincha)
2. Traditionally, a normal meal is eaten in the afternoon, then mincha is said, and then the ‘Seudas Hamafsekes’ (The final meal before Tisha B’av) is eaten.

Seudas Hamafsekes
1. This meal must be eaten after noon with the intention of not eating anything thereafter
2. It may be preceded by a regular meal. But, one should not fill themselves - in order to allow room for the Seudas Hamafsekes. One should take at least a 20-30 min. break between the regular meal and the Seudas Hamafsekes.
3. The custom is to eat this meal while seated on the ground. If one is weak, he may sit on a pillow.
4. The custom is for this meal to consist only of bread, cold hard-boiled eggs (or lentils), and water. Some of the bread (some have the custom to dip the egg) is dipped in ashes and eaten. One should say: “This is the Tisha B’av meal.”
5. D
uring this meal, one can’t eat two different foods that are cooked (even if they can be eaten raw but were cooked) Bread\cake doesn’t count as a cooked food. One may any amount of uncooked foods (cheese, raw fruits & vegetables)
6. One must say the Birchas Hamazon by themselves, therefore three adult males should avoid eating this meal together in order not to be required to recite the Grace after meals as a “Mezumin” (invitation to bentch).
7. Since mourning does not begin until the evening, one may sit on a chair until sunset while wearing shoes.
8. One may eat and drink after this meal until sunset, unless you expressly decided, verbally or mentally, not to eat any more on that day, or said that you are accepting the fast. If one plans on eating or drinking after this meal, it is preferable to either verbally or mentally express that you are not accepting the fast until sunset.

When Tisha B’av falls on Saturday Night/Sunday:
1. The “Tzidkatcha Tzedek” prayer is not said at Minchah on Shabbos.
2. There is no special Seudas Hamafsekes on Shabbos. One may eat whatever he wants for the 3rd Shabbos Meal, even meat and wine. One may eat even after their meal is over, as long as he stops eating before sunset. One may also eat more than usual in order to prepare for the fast, but one must not say that he is eating more for this reason.
3. One may say Birkas Hamazon with a zimun (preferably before sunset as well)
4. On Saturday Night, one shouldn’t change their shoes/clothing, sit on the ground or do anything mourning or Tisha B’av related until after nightfall AND first saying, “baruch hamavdil bein kodesh l’chol.” (women who are not praying Maariv should be careful to say this as well before they do any work or any of the mourning practices)
5. Attah Chonantanu is recited as usual in the evening prayer, however the customary Havdallah is not said: ONLY the blessing over light is said either at home (after shabbos has ended!) OR at shul after the evening prayer.

Tisha B’av Prohibitions
The prohibitions of Tisha B’av begin just prior to sunset (one is permitted to drive to Shul/sit normally in the car)

Eating & Drinking:
1. A person is sick, old or weak and may become ill if he does not eat or drink (even if his life is not in danger) is is prohibited from fasting, permitted to eat as much food as he usually does, but should only eat what is necessary.
2. A woman up to thirty days after giving birth is also permitted to eat. She should try to postpone eating for a few hours, unless this causes undue hardship. A pregnant and nursing woman (30 days after giving birth) should fast the entire day even if they are suffering. If they are suffering greatly, they should discontinue fasting. Contact your rabbi.
3. A person with only a headache or similar discomfort is required to fast.
4. Boys under the age of 13 and girls under the age of 12 are not required to fast at all.
5. Swallowing capsules, bitter medicine tablets, or bitter liquid medicine without water is permitted (according to some opinions, it’s permitted to swallow a bit of water as well if the medication can not be swallowed otherwise)
6. One who usually rinses his mouth daily may do so only in instance if it causes him great distress otherwise.

Bathing & Washing:
1. All washing for pleasure on any part of the body is prohibited (vs. washing for health, seven clean days, etc.)
2. One may wash their hands or other parts of their body if they are dirtied or stained, but not beyond the dirty area.
3. In the morning, one may wash their hands in the usual manner, no further than the knuckles. While the hands are still moist after drying them, one may pass them over your eyes. If your eyes contain dirt, one may wash them.
4. One is permitted to wash their hands before praying, after using the bathroom and/or touching a part of their body that is usually covered. One should not wash further than the joints at the end of the fingers.
5. One may cook or prepare food on Tisha B’av, even though one’s hands will get wet – when necessary.
6. A woman may not go to the Mikveh on Tisha B’av – but may go to the Mikveh the night after.

Anointing:
1. One can’t apply onto your body any substance – liquid or solid – (oils, soap, hair tonic/cream, ointment, perfume)
2. One may anoint for medical reasons such as skin conditions (One is also allowed to comb their hair)
3. The use of deodorant or anti-perspirant to remove a bad odor is permitted.

Wearing Leather Shoes:
1. It is prohibited to wear shoes that are made, even partially, out of leather. (cloth, wood, rubber, plastic are allowed)
2. Wearing leather shoes is permitted in the case of a person who has to walk a long distance over stones or mud and no other suitable footwear is available, medical reasons, kids who are too young to understand about the Temple.

Learning Torah:
1. It is prohibited to learn or teach Torah – except for those topics which are relevant to Tisha B’av and mourning. (one may also prepare the Torah reading for Tisha B’av or say Tehillim for sick people or in times of danger)
2. One may learn
: Lamentations/Aicha with its midrash and commentaries, portions of the Prophets that deal with tragedy or destruction, the third chapter of Moed Katan (which deals with mourning), the story of the destruction (in Gittin 56b-58a, Sanhedrin 104, and in Josephus), and the halachot of Tisha B’Av and mourning.

Other Prohibitions & Customs:
It is extremely important to stay focused on the serious nature of the day by staying in touch with your soul and not being distracted by other physical things. Therefore, there are additional prohibitions:
1. Sexual relations are prohibited and there are different customs with regard the ‘harchakos’
(most have the custom to keep the harchakos at night and treat the rest of the day like an ‘onah’ day.
2. One should not have a perfectly comfortable sleep (ie. sleep with no/less pillows or with a rock under the pillow).Pregnant women, the elderly and the ill are exempt from this
3. Some poskim say that one is allowed to smell spices and other pleasant odors on Tisha B’Av, while others disagree.
4. One should avoid unnecessary walks in public areas or taking a trip for pleasure

5.
One is prohibited to greet someone. Not only is enquiring after one’s well –being prohibited, but even greeting a person with “good morning” and the like is prohibited. One, who is greeted, should respond softly – to show that greeting is prohibited. (in general, Tisha B’av is not a time for socializing, idle chatter, schmoozing, etc.)
6. It’s prohibited to give gifts, but one may give a gift to a poor person.
7. Some have a custom to visit a cemetery after completion of the morning services.
8. There is a custom to wash the floors and clean the house in the afternoon. The custom is based on a tradition that Moshiach will be born on Tisha B’av afternoon and that it is therefore appropriate to prepare for the redemption.

Prohibitions until Halachik Midday:
1. It is prohibited to sit on a chair or bench that is 12’’ or higher (One may sit on the floor, a cushion or low bench/chair)
2. Any type of prolonged work (even housework) is prohibited and should preferably not be done the entire day.
3. Preparation for the meal after Tisha B’av should not take place until after Halachik Mid-day. (when Tisha B’av follows Shabbos, one may not clean the shabbos dishes until midday Sunday)
4. The Talis and Tefillin are only worn for Mincha (the Talis Koton [Tzitzis] should be put on in the morning and the blessing is made; if one is married, there is a custom to sleep with the Tzitzis)

Restrictions on the 10th of Av:
1. Laundering, washing, saying Shehechiyanu, listening to music, and eating meat/wine should be avoided until noon Soups made with meat may be eaten. (unless it is Mikvah night, marital relations should not take place)
2. Showers, baths and shaving should be avoided, but individual parts of the body can be washed. When Tisha B'Av is on a Thursday, laundering may be done as soon as the fast is over. Some Poskim permit shaving before midday as well.
3. On Sunday, nothing may be eaten until Havdallah is recited over wine, (no spices, candles are used) and the ‘hinay’ paragraph is omitted. (One who must eat must make Havdallah beforehand on beer, coffee, or tea – but no spices)
4. All the restrictions of the 3 weeks and the Nine Days continue until Halachik Mid-day of the 10th of Av.
5. When Tisha B’av falls out on a Thursday, one is permitted to take a shave/haircut and wash clothes on Thursday night – in honor of Shabbos and you should delay saying Kiddush Levana until Motzei Shabbos.

The Laws of the Three Weeks

The Laws of The 3 Weeks of Mourning

The 3 weeks of mourning (a period known as “Bein ha-Metzarim,” - “between the straits”) begin with a fast day on the 17th of Tammuz, and end with a fast day on the 9th of Av. It was established by the Rabbis as a period of mourning over the destruction of the two Temples. The mourning practices intensify over the 3 weeks. (The following is according to the Ashkenazic custom, Sephardim should consult a rabbi)

The 17th of Tammuz / Shivah Assar b'Tamuz
1. The fast begins 72 minutes before sunrise and ends 50 minutes after sunset (some cities have different customs)
2. Food and drink may be had at any time during the night of the 17th - but only if one remains awake all night.
3. If one goes to sleep, they should have in mind (preferably made verbal) to wake up early to eat before the fast begins. (One who normally drinks coffee, juice, etc., in the morning does not need to stipulate that he will drink this morning as well. One who normally does not drink anything in the morning should stipulate before retiring that he is planning to get up in the morning to drink. If he failed to do so, he may drink nevertheless. "Going to sleep" means deep sleep.
4. If one starts eating within a half hour before the fast (due to another law prohibiting food before praying), one must limit their food by eating fruits/vegetables (of any amount), “shehakol” type of food (but not enough for a meal), or less than 2.2 fl. oz. of bread, cake, cereal, etc. All (non-alcoholic) drinks are permitted in any amount. OR - Eat any kind and amount of food, but appoint someone to remind him to recite Shema and Shemoneh Esrei.
5. Once the fast starts, it is questionable if it is permitted to go back to sleep before davening. If he does go back to sleep, he should appoint another person to wake him up for prayers. (an alarm clock is not sufficient for this purpose)
6. Although it is permitted to bathe on a fast day, it has become customary not to take a hot shower or bath. It is also proper for adults to refrain from swimming, unless it is needed for a medical condition or to cool off on a hot day.
7. Some permit rinsing the front part of the mouth, taking care that no water enters the throat area.
8. One who has difficulty swallowing pills (prescribed by a doctor) may drink the amount of water required to swallow them. (One
who is feeling sick is not obligated to fast, and may not act strictly in this regard)
9. During the reading of the Torah on a fast day, the custom is that certain verses are read aloud by the congregation. The individual who is called up for that aliyah should not read the verses aloud with the congregation. Instead, he should wait until the reader says them aloud and read along with him.
10. One who mistakenly ate on a fast day must resume and complete the fast, and he may recite ‘aneinu’ at Minchah. One who is not fasting altogether should not say aneinu. A minor who is not fasting need not say aneinu. (One who is praying together with the leader should not say aneinu as a separate blessing like the leader does; he should say it as it is said in private recitation, in Shema koleinu) At Minchah, ‘Avinu Malkeinu’ is recited, even without a minyan.

The Three Weeks

Taking a haircut or a shave:
1. It is permitted to trim a mustache that interferes with eating (some have the custom to shave on erev Shabbos)
2. It is permitted to pluck one's eyebrows or eyelashes.
3. Married women may cut hair that is protruding from their head covering or facial/body hair that may be unattractive to their husband (women of marriageable age may also take haircuts when necessary)
4. It is permitted to comb one's hair even though some hair will get torn out while combing.
5. Nail cutting is permitted (however, during the 9 days, most have the custom to cut their nails only on Friday)
6. It is permitted to shave if one's employer insists upon it, though not to prevent ridicule.
7. A mourner who completed his mourning period during the Three Weeks, may take a haircut and a shave(9).
8. The prohibition of hair-cutting applies even to small children under the age of chinuch.
9. On the day of a baby's bris, the father, the sandek and the mohel may take a haircut.
10. In a time of need, some poskim permit taking a haircut or a shave on the evening and night of the 17th of Tammuz.

Getting married or participating in a wedding:
1. A wedding may be held on the evening before the 17th of Tammuz if no other date is feasible.
2. Engagements are permitted and may even be celebrated with a party or a meal.

Listening to music and dancing:
1. Listening to music is prohibited, whether it is live, broadcast on the radio, or tapd.
2. A professional musician, or one who is learning to play professionally, may play music during the Three Weeks.
3. When the musical accompaniment is incidental to the main event may be attended or viewed.
4. Children who are old enough to understand about the destruction of the Beis ha-Mikdash may not listen to music. (Several poskim, however, permit a child to practice his musical instrument)
5. Singing in praise of Hashem at a seudas mitzvah, without musical accompaniment, is permitted.

Reciting shehecheyanu:
1. On Shabbos, it is permitted to recite shehecheyanu.
2. On Rosh Chodesh Av, it is permitted to recite shehecheyanu over new fruit. (a new fruit that will not be available after the Three Weeks may be eaten and a shehecheyanu recited.
3. A shehecheyanu is recited at a pidyon ha-ben and upon seeing one's newborn daughter.
4. A shehecheyanu may be recited if by mistake the Borei pri ha-eitz was already said over a new fruit.
5. The blessing of ha-Tov v'ha-Meitiv may be said during the Three Weeks.
6. Since it is prohibited to recite shehecheyanu, it is also prohibited to buy any item that normally requires shehecheyanu to be recited. (ie. one may not buy a new car for personal use; it is permitted, however, to buy a car for business use [and recite the shehecheyanu after the Three Weeks] or for the benefit of the family [since in that case ha-Tov v'ha-Meitiv is recited instead of shehecheyanu]).
7. It is forbidden to buy or wear clothing which normally would require a shehecheyanu to be recited. Clothes that require alteration may be bought during the Three Weeks and altered after the Three Weeks are over.
8. New garments that don’t require this blessing may be purchased and worn until the 1st of Av.

The 9 Days
Activities of Pleasure and Joy
1. One should not purchase an object of joy that will be available after Tisha B’Av for the same price.
2. Building for beauty or pleasure not required for dwelling should be suspended.
3. Building for a mitzvah like a synagogue, place of Torah study, or a mikva is permitted.
4. Painting, wallpapering and general home decoration should not be done.

Eating Meat and Drinking Wine
1. The custom is to refrain from eating meat/poultry or drinking wine/grape juice. This also pertains to children.(The prohibition includes foods cooked with meat/meat fat; foods cooked in a clean vessel used for meat may be eaten)
2. Eating meat and drinking wine is permitted for Shabbat. Even one who has ushered in the Shabbat on Friday afternoon before sunset, or extends the third meal of Shabbat into Saturday night may also eat meat and drink wine at those times.(they are also permitted at a ‘mitzvah meal’ – a bris, redemption of the first born, completing a tractate of the Talmud)
3. Most have the custom to give the Havdallah wine to a child of 6-9 years old or to use beer for Havdallah.
4. A person who requires meat because of weakness or illness, including small children and pregnant or nursing women who have difficulty eating dairy, may eat meat. However, whenever possible poultry is preferable to meat.

Laundering
1. Laundering is prohibited even for use after Tisha B’Av, including linens, tablecloths, and towels. (One may not even give clothing to a non-Jewish cleaner, although one may give it to him before Av, even though he’ll wash during the 9 days)
2. A person who has no clean clothes may wash what he needs until the Shabbat before Tisha B’Av (children’s diapers and clothing that constantly get dirty may be washed by need even during the week of Tisha B’Av, in private. )
3. One may polish shoes with liquid or wax polish, but should avoid shining shoes.

Wearing Freshly Laundered Clothing
1. It is forbidden to wear freshly laundered clothing, including all clothing (except socks/undershirts/underwear) linens, tablecloths, and towels (therefore, one must prepare before the nine days by wearing freshly laundered suits, pants, shirts, dresses, blouses and the like for a short time so that they may be worn during the nine days)
2. One may use freshly laundered Shabbat clothing, clean tablecloths and towels. New bed linen is prohibited.
(if one forgot or was unable to prepare enough garents before the nine days, he may change for Friday night and then change again on Shabbat morning - these garments may then be worn during the week; BUT this will apply only to clothing that is suitable to wear on Shabbat, since wearing a garment on Shabbat for the sole purpose of wearing it during the week is forbidden)
3. Fresh garments and Shabbat clothing may be worn in honor of a mitzvah (ex. the parents, mohel, and sandek for a bris)

Wearing, Buying and Making New Clothes, Repairing Garments
1. While wearing new clothing that doesn’t require a “sh’hecheyanu” is permitted until the 1st of Av, during the nine days it is prohibited even on Shabbat.
2. One may not buy new clothes or shoes even for use after Tisha B’Av, except in a case of great necessity (your wedding)
3. If one forgot or was unable to buy special shoes needed for Tisha B’Av, he may do so during the nine days.
4. Making new garments or shoes for a Jew is allowed until the week of Tisha B’Av; afterwards only for a non-Jew.
5. Repairing torn garments or shoes is permitted.

Bathing and Swimming
1. The custom is not to bathe for pleasure even in cold water or wash with hot/warm water. (bathing in cold water or washing in hot/warm water for medical reasons or to remove dirt or perspiration is permitted).
2. Bathing for a mitzvah is allowed (a woman who needs to bathe for the mikva should consult a competent rabbi.
3. A man who immerses in a mikva every Friday (no matter what) may do so in cold water this Friday.
4. One who bathes every Friday for Shabbos with hot water, soap and shampoo may do so on the Friday before Tisha B’Av.

(for the laws of Tisha B’av, please see “The Laws of Tisha B’Av”)