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Four Parshiot

2019-03-19T20:15:27Z

Sbasalely: /* Sources */

==Introduction==

#In the [[month of Adar]] there are 4 Parshiot that are read after the weekly פרשה each [[Shabbat]]. The maftir on the first [[Shabbat]] after [[Rosh Chodesh]] Adar is Parshat Shekalim. The maftir on the second [[Shabbat]] after [[Rosh Chodesh]] Adar is Parshat Zachor. The maftir on the third [[Shabbat]] after [[Rosh Chodesh]] Adar is Parshat Parah. The maftir on the four [[Shabbat]] after [[Rosh Chodesh]] Adar is Parshat HaChodesh. <ref>S”A 685:1, Mishna Brurah 685:1. Although most poskim hold that the obligation for shkalim and hachodesh are midirabanan there is the opinion of the Elya Rabba 685 in the name of the Rashba [[Brachot]] 13a who maintains that all 4 Parshiyot are biblical obligations </ref>
#Parshat Shekalim is to remember the mitzvah to donate half-shkalim in the time of the Bet HaMikdash. Parshat Zachor is to remember the mitzvah of detstroying Amalek in proximity to the story of [[purim]]. Parshat Parah is in commemoration of the parah adumah done before the inauguration of Mishkan and serves as a [[prayer]] to be purified by Hashem. Parshat HaChodesh is to sanctify the new moon of Nissan (which is the beginning of the year in some respects) even though isn’t the primary sanctification of the moon. <ref>Mishna Brurah 685:1 </ref>
#If one missed reading the פרשה of the week there’s no make up. <ref>Mishna Brurah 685:2 </ref>

==Calenders of Adar==
Here are the four possible permutations of how Adar could turn out on the calendar.
<table width="700" border="1" cellpadding="1" cellspacing="1" bgcolor="#FFFFFF" bordercolor="#000000"><tr>
<td>Sunday</td>
<td>Monday</td>
<td>Tuesday</td>
<td>Wednesday</td>
<td>Thursday</td>
<td>Friday</td>
<td>Saturday</td>
</tr><tr>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td>1 [[Rosh Chodesh]], Shekalim
</td>
</tr><tr>
<td>2</td>
<td>3</td>
<td>4</td>
<td>5</td>
<td>6</td>
<td>7</td>
<td>8 Zachor</td>
</tr><tr>
<td>9</td>
<td>10</td>
<td>11</td>
<td>12</td>
<td>13</td>
<td>14</td>
<td>15</td>
</tr><tr>
<td>16</td>
<td>17</td>
<td>18</td>
<td>19</td>
<td>20</td>
<td>21</td>
<td>22 Parah</td>
</tr><tr>
<td>23</td>
<td>24</td>
<td>25</td>
<td>26</td>
<td>27</td>
<td>28</td> <td>29 HaChodesh</td>
</tr><tr>
</table>

<table width="700" border="1" cellpadding="1" cellspacing="1" bgcolor="#FFFFFF" bordercolor="#000000"><tr>
<td> Sunday </td>
<td> Monday </td>
<td> Tuesday </td>
<td> Wednesday </td>
<td> Thursday </td>
<td> Friday </td>
<td> Saturday </td>
</tr><tr>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> Shekalim </td>
</tr><tr>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> 1 </td>
<td> 2 </td>
</tr><tr>
<td> 3 </td>
<td> 4 </td>
<td> 5 </td>
<td> 6 </td>
<td> 7 </td>
<td> 8 </td>
<td> 9 Zachor </td>
</tr><tr>
<td> 10 </td>
<td> 11 </td>
<td> 12 </td>
<td> 13 </td>
<td> 14 </td>
<td> 15 </td>
<td> 16 </td>
</tr><tr>
<td> 17 </td>
<td> 18 </td>
<td> 19 </td>
<td> 20 </td>
<td> 21 </td>
<td> 22 </td>
<td> 23 Parah </td>
</tr><tr>
<td> 23 </td>
<td> 24 </td>
<td> 25 </td>
<td> 26 </td>
<td> 27 </td>
<td> 28 </td>
<td> 29 HaChodesh </td>
</tr><tr>
</table>

<table width="700" border="1" cellpadding="1" cellspacing="1" bgcolor="#FFFFFF" bordercolor="#000000"><tr>
<td> Sunday </td>
<td> Monday </td>
<td> Tuesday </td>
<td> Wednesday </td>
<td> Thursday </td>
<td> Friday </td>
<td> Saturday </td>
</tr><tr>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> Shekalim </td>
</tr><tr>
<td> </td>
<td> </td>
<td> </td>
<td> 1 </td>
<td> 2 </td>
<td> 3 </td>
<td> 4 </td>
</tr><tr>
<td> 5 </td>
<td> 6 </td>
<td> 7 </td>
<td> 8 </td>
<td> 9 </td>
<td> 10 </td>
<td> 11 Zachor </td>
</tr><tr>
<td> 12 </td>
<td> 13 </td>
<td> 14 </td>
<td> 15 </td>
<td> 16 </td>
<td> 17 </td>
<td> 18 Parah </td>
</tr><tr>
<td> 19 </td>
<td> 20 </td>
<td> 21 </td>
<td> 22 </td>
<td> 23 </td>
<td> 24 </td>
<td> 25 HaChodesh </td>
</tr><tr>
<td> 26 </td>
<td> 27 </td>
<td> 28 </td>
<td> 29 </td>
<td> </td>
<td> </td>
<td> </td>
</tr><tr>
</table>

<table width="700" border="1" cellpadding="1" cellspacing="1" bgcolor="#FFFFFF" bordercolor="#000000"><tr>
<td> Sunday </td>
<td> Monday </td>
<td> Tuesday </td>
<td> Wednesday </td>
<td> Thursday </td>
<td> Friday </td>
<td> Saturday </td>
</tr><tr>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> Shekalim </td>
</tr><tr>
<td> </td>
<td> 1 </td>
<td> 2 </td>
<td> 3 </td>
<td> 4 </td>
<td> 5 </td>
<td> 6 </td>
</tr><tr>
<td> 7 </td>
<td> 8 </td>
<td> 9 </td>
<td> 10 </td>
<td> 11 </td>
<td> 12 </td>
<td> 13 Zachor </td>
</tr><tr>
<td> 14 </td>
<td> 15 </td>
<td> 16 </td>
<td> 17 </td>
<td> 18 </td>
<td> 19 </td>
<td> 20 Parah </td>
</tr><tr>
<td> 21 </td>
<td> 22 </td>
<td> 23 </td>
<td> 24 </td>
<td> 25 </td>
<td> 26 </td>
<td> 27 HaChodesh </td>
</tr><tr>
<td> 28 </td>
<td> 29 </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
<td> </td>
</tr><tr>
</table>
<ref>Shulchan Aruch 586:1-6 </ref>

==Parashat Shekalim==
On the [[Shabbat]] before [[Rosh Chodesh]] Adar (Adar Bet in a Leap Year) we read the beginning of Parashat Ki Tisa for maftir because in the times of the Beit Hamikdash they would announce the obligation of machatzit hashekel. <ref>Yalkut Yosef Moadim page 256 from Gemara Megilla 13b and 19a. see also Yerushalmi Megilla 1:5 where a connection is drawn between the half shekel and [[Purim]]. </ref>

#For haftara we read vayichrot yehoyada, Melachim Bet Chapter 12, because there is discussion about the collection of shkalim. <ref>Tur and Shulchan Aruch 685:5, gemara Megilla 29b, Chazon Ovadia [[Purim]] page 1, Yalkut Yosef Moadim page 256. </ref>
#In places where they have the custom to allow a child to go up to the torah for maftir of shkalim or hachodesh, one need not stop them because they have on whom to rely as long as the child knows who he is blessing and he is at least 6 years old. <ref>Yalkut Yosef Moadim page 271, Birkei Yosef 284:2, Petach Hadvir 282:11. Sh"t Rivash 25 though says not to allow a child to go up for the aliya. </ref>
#If the congregation forgot to read Parashat Shkalim and instead read the regular maftir, as long as it is still during the morning, even if they didn't remember until after [[Mussaf]] they should take out the torah and read Parashat Shkalim and say the [[berachot]] before and after. <ref>Sh"t Ginat Vradim Klal 1:35-36,Sh"t Perach Shoshan Klal 1:8, Sh"t Mishpatei Uziel OC 15 </ref> The haftara should be read without the [[berachot]]. <ref>Yalkut Yosef Moadim page 268, Chazon Ovadia [[Purim]] page 21 </ref>

==Parshat Zachor==

#Hearing Parshat Zachor is a biblical mitzvah. <ref>S”A 685:7, Terumat Hadeshen 108, Rambam in Sefer Hamitzvot Mitzva 189, Smag Mitzva 116 and Smak Mitzva 147. Chazon Ovadia [[Purim]] page 11 explains that although it is from the Torah no blessing is recited because Hashem isn't pleased with the downfall of the wicked. </ref> It is read the week before [[Purim]]. <ref>Yalkut Yosef Moadim page 258. Rashi Megilla 29a explains that this is because we want to read about amalek right before we read about Haman. </ref>
#The mitzvah is to express this commemoration verbally and so the reader and those listening should intent to fulfill the obligation. <ref>Mishna Brurah 685:14 </ref>
#If one can’t make it to hear Parshat Zachor in a [[minyan]] one should read it with the Trup from a Sefer. <ref>Rama 685:7 </ref>
#Some say that the word Zecher (with Segol) and some say Zaycher (with Tzeyreh) and so it’s proper to read it twice. <ref>Mishna Brurah 685:18 </ref> Some say that one should read the entire פסוק twice <ref>Moadim UZmanim (vol 2, siman 167), Piskei Teshuvot 685:9 </ref> while others say it’s enough to read the words Zecher Amalek or Timcheh Et Zecher Amalek a second time. <ref>Kesot HaShulchan 88:22 in the notes, Kitzur S”A 88:22, Piskei Teshuvot 685:9, Sh”t Igrot Moshe 8:20:32 (pg 67). Piskei Shemuot (pg 40) quotes Rav Shlomo Zalman as saying that either minhag is acceptable. Piskei Shemuot (39-40) quotes Rav Chaim Kanievsky as saying it’s enough to repeat a few words. </ref>
#When reading the פרשה of Zachor in Ki Tetse during the year the minhag is to read it Zaycher (with Tzeyreh). <ref>Piskei Teshuvot 685:9 </ref>
#An Ashkenazi shouldn’t hear Parshat Zachor from a Sephardic Baal Koreh and a Sephardi shouldn’t hear the Parshat Zachor from an Ashkenazic Baal Koreh. <ref>Piskei Teshuvot 685:10, Sh"t Binyan Shlomo 54, Piskei Shemuot quoting Rav Shlomo Zalman and Rav Elyashiv </ref> and some say that this is only preferable but after the fact one has fulfilled one’s obligation. <ref>Rav Nassim Karlitz quoted in Piskei Shemuot (pg 41). Yalkut Yosef ([[Kriyat HaTorah]] pg 111 and Moadim pg 260) and Sh”t Yabia Omer 6:11 write that it’s proper for a Sephardi to hear it from a Sephardi. </ref>
#Some say that one should hear the same dialect of Hebrew one speaks and the minhag is to be concerned for this. <ref>Piskei Teshuvot 685:10. Piskei Shemuot (pg 41) quotes Rav Shlomo Zalman saying that it’s not kavod tzibbur to read parshat zachor several times in different dialects. </ref>
#It’s important that one understands the general point and one fulfills one’s obligation even if one doesn’t understand every word. <ref>Rav Elyashiv quoted in Piskei Shemuot (pg 34) </ref>
#Some say that if one misses one word one has not fulfilled one’s obligation <ref>Piskei Teshuvot 685:10, Mikrei Kodesh [[Purim]] Siman 7 </ref> while others hold that as long as one heard the main point of destroying amalek one has fulfilled one’s obligation. <ref>Rav Shlomo Zalman Auerbach (Halichot Shlomo 18:2)</ref>
#Some say that the congregation should read along as the Baal Koreh reads Parshat Zachor, while others argue that one should listen quietly and such is the widespread minhag. <ref>Sh”t Minchat Elazar 2:1 says that everyone should read it along with the Baal Koreh, while Sh”t Yechave Daat 3:53 (as well as Yalkut Yosef Moadim page 259 Meor Yisrael on Megilla 18a, and CHazon Ovadia [[Purim]] page 4) and Sh”t Meishiv Dvar OC 47 hold that everyone should listen quietly. Piskei Teshuvot 685:7 writes that the minhag is like the second opinion. </ref>
#If afterwards it’s found out that the Sefer Torah used for Parshat Zachor was pasul one doesn’t have to reread it. <ref>Halichot Shlomo (Moadim vol 2, 18:4) </ref>
#Someone who has already fulfilled his obligation can still read Zachor again for a different tzibbur. <ref>Chazon Ovadia [[Purim]] page 5. </ref>

===Women===

#There are many different views as to whether women are obligated to hear parashat zachor in shul or not. <ref>The Sefer Hachinuch Mitzvah 603 posits that since the mitzva of zachor is related to the mitzva to destroy amalek, the mitzva is limited to men who go to war and will fight Amalek. Thus, Torat Chessed 1:37, Arugot Habosem 205, and Divrei Chaim 2:14 accept a minhag of women not to go to shul to hear Parshat Zachor. Rav Moshe Feinstein (quoted in Kovietz Halachos, page 13) agrees. On the other hand, the Binyan Tziyon 2:8, however, quotes Rav Nosson Adler as having held that women are obligated to hear Parshat Zachor. The Yeshuot Malko OC 50, Maharil Diskin (Kuntres Acharon) 5:101, Minchat Elazar 2:1-5, and Chazon Nachum 85 agree. Nitei Gavriel ([[Purim]] p. 154) writes that the current minhag is women do go to shul to hear Parshat Zachor. See Sh”t Yechave Daat 1:84. </ref>
#Some poskim writes that a woman may fulfill her obligation of listening to Parshat Zachor by reading it from a Chumash. <ref>Nitei Gavriel ([[Purim]] p. 154)</ref>
#Some poskim permit taking out a sefer torah special for the women to fulfill their obligation but without a beracha. <ref>Yalkut Yosef Kriat Hatorah page 136, Chazon Ovadia [[Purim]] page 9, Minchat Yitzchak 9:68. See however, Mikraei Kodesh ([[Purim]], 5), Rav Moshe Feinstein quoted in Moadei Yeshurun on [[Purim]] page 47, Kovetz Halachot page 15, Kinyan Torah 7:53, Shraga hameir 6:116, and Rav Elyashiv quoted in Halichot Bat Yisrael page 296 who say that there should be a [[minyan]] of men for the reading. </ref>

===Children===

#Children who reached the age of [[Chinuch]] should be brought to shul in order to hear Parshat Zachor. <ref>Nitei Gavriel ([[Purim]] p. 156)</ref>

==Parshat Parah==

#Some say Parshat Parah is a biblical mitzvah and some it’s a rabbinic mitzvah. <ref>S”A 685:7, Mishna Brurah 685:14 </ref>

==Links==
[http://www.hebrewbooks.org/56811 Yalkut Yosef Hilchot Purim (Hebrew 5773)]
==Sources==
{{reflist|30em}}
[[Category:Prayer]]
[[Category:Shabbat]]
[[Category:Holidays]]
[[Category:Purim]]
<references />

Minhag

2018-12-14T04:22:48Z

Sbasalely:

[[Image:minhag.png|200px|right]]
==What are minhagim based on?==
Why are minhagim binding? In what capacity do we have to observe them? To answer these questions we are going to explore the halachic foundations upon which minhagim are based. There are two primary approaches to explain the obligation for minhagim. The first is based on a Gemara Nedarim 81b which states that one who violates a minhag is in a violation of a neder. The Ran (ibid.) explains that if a person practices a good practice with intention of continuing to keep that practice, rabbinically it is considered as though he took a vow and he is forbidden from breaking that vow. In order for the vow to be effective biblically he would have to enunciate it, however, rabbinically it is sufficient to have acted upon the intent to keep the practice.<ref>Tur and Shulchan Aruch 214:1 cite the approach of the Ran. Birkei Yosef YD 214 also points out that it is only treated like a neder and is binding rabbinically. Thus, if there is a doubt if something is prohibited based on a minhag, one may be lenient.</ref>
The second approach to explain minhagim is based on a Gemara Pesachim 50b. The gemara relates a story in which the people of Bayshan took upon themselves a practice to refrain from traveling on Friday so as not to come to desecrate Shabbat. The next generation, however, found this practice too cumbersome and inhibited their ability to make a livelihood. Yet, when they asked Rabbi Yochanan if they could abolish this practice they were told that they should not disregard the practices of their parents citing a pasuk from Mishlei 1:8. The gemara implies that there is an inherent issue with breaking from communal practices and particularly apply to later generations. From the fact that the Gemara doesn't cite the violation of breaking a vow as the Gemara Nedarim does it seems that the Gemara Pesachim believes that there is another binding force of minhagim.<ref>The Ramban (Mishpat HaCherem, cited by the Bet Yosef YD 214:2) describes minhagim as communal acceptances and doesn't use the language of vows.</ref> Rav Hershel Schachter<ref>Nefesh HaRav (p. 235)</ref> cites Rav Moshe Soloveitchik as having explained that the Rambam's opinion was that minhagim are binding because the act of breaking the minhag is an issue of separating from the community, which in it of itself is a problem.<ref>Pirkei Avot 2:4. See Nefesh HaRav where he explains that separating from the community is a way of breaking from the tradition in which the Torah was meant to be kept. The Torah was given to Bnei Yisrael as a unit (see Rashi Shemot 19:2) and should be kept that way. A person who deviates from communal practices is in essence causing the Torah to be perverted.</ref>
 Before offering practical applications, let us inquire whether each approach can accomodate the idea of personal as well as communal practices. If we suppose that minhagim are based on not abrogating communal customs, then seemingly personal practices would not be binding. However, if minhagim are based on vows, they certainly would apply to individuals; but would it also apply to a congregation? Rav Hershel Schachter in an [http://www.yutorah.org/lectures/lecture.cfm/735162/Rabbi_Hershel_Schachter/%D7%94%D7%A9%D7%91%D7%A2_%D7%94%D7%A9%D7%91%D7%99%D7%A2 article on yutorah.org] explains that there is the concept of a communal vow and applies to everyone in the community. Furthermore, the communal vow is binding not only to the original community who accepted the practice but also to future generations. A proof for this concept is the Gemara Ketubot 111a, which states that the Jews took upon themselves three vows and theoretically they are binding upon Jews to this day.<ref>For further discussion of this topic, see a letter of the Rogachover (Safnat Paneach 143:2) regarding the vow that Yosef made his brothers take. Other proofs are the oath bnei yisrael took against the tribe of Binyamin by Pilegesh B'givah and the acceptance of the Torah, which is sometimes described as an oath. </ref> The concept could be explained by a similar concept we find regarding Korbanot. The Jewish community is considered a single unit that doesn't die because each successive generation fills the shoes of the previous one. Therefore, the Gemara Temurah 15b establishes that even though usually a person can not have a korban chatat brought on his behalf after he passes away, a congregation can do so because in reality the congregation lives on through their descendants. 
Now that we have examined two approaches to minhagim, let us explore a few potential applications and see how each approach relates to that case. First, do minhagim apply to halachic scenarios? That is, what happens when minhag and halacha clashes? For example, there is a major discussion in the rishonim and achronim whether there is an obligation to wear Tefillin on Chol HaMoed. Let's suppose that I usually follow a certain Rabbi or sefer for my halachic questions and he says that I should wear Tefillin on Chol HaMoed, but my father's minhag is not to wear Tefillin, what should I do? According to the first approach, it is reasonable to assume that a community can only take upon themselves vows in gray areas of halacha. For example, the Gemara points out that a person may not vow to abrogate a mitzvah because that simply isn't up to his discretion. Similarly, the halachic question of wearing Tefillin on Chol HaMoed shouldn't be one decided upon by a community and its vow shouldn't be binding.<ref>This position is endorsed by the Sdei Chemed (v. 4, n. 38) and Yabia Omer O.C. 2:23. Both express the idea that the institutors of the minhag may not have the ability to be a decider of halacha to arbitrate between the rishonim. In such a case, the minhag is not binding. According to this opinion, as opposed to issues of minhag, on issues of halacha a person should follow his personal Rebbe Muvhak like the [http://www.hebrewbooks.org/pdfpager.aspx?req=14334&pgnum=367 Chazon Ish YD 150:1] writes.</ref>However, according to the second approach it is possible that a community's practice is binding even in areas of halacha because however the practice was established, the individual should be restricted from breaking from the communal practices.<ref>In fact, the Ohr Letzion (v. 2, p. 17-8 and v. 1, 5:7) advocates this approach with reservation. He explains that the community of Rabbi Yose HaGlali ate cheese and chicken together because the opinion of Rabbi Yose was that it was permitted even though the other Rabbis forbad it. Even after Rabbi Yose died, they followed his opinion, says the Or Letzion, because once they practice in accordance with his opinion before it was known to be a dispute, for that community it remains a permitted activity and do not need to consider the other opinion. One of his proofs is the Rambam (Shmitta VeYovel 10:6) who writes although he believes that the halacha does not follow the geonim in their count of the Shmitta cycle, because the practice is like the geonim, the practice should continue.</ref>
Does a person who moves communities need to continue his old practices or should he follow the customs of the place he entered? If one were to suppose that minhagim are like vows, it is logical that the vows should follow a person wherever he may be. However, if minhagim are a way of observing local customs, then upon moving one should adopt the local practices. In reality, everyone agrees that upon moving one should change his customs to follow the place where he plans on staying.<ref>Shulchan Aruch YD 214:2</ref> It could be explained by supposing that the way communal vows work is that they only apply to a person while he is still part of that community.
Are minhagim binding if they were instituted in error? The Gemara Chullin 6b tells of a story in which Rabbi Yehuda HaNasi came to Beyt Shan and permitted the people not to take Trumot and Maaserot from their crops being that it was not part of Israel. However, the gemara asks how could Rabbi Yehuda HaNasi abrogate their minhag? To this the gemara answers that sometimes a later rabbi is given the opportunity to say something that no one before has said. Tosfot Pesachim 51a s.v. Iy though is bothered because this gemara seems to disregard the entire principle behind minhagim. Tosfot explains that minhagim are only binding when formulated with the correct knowledge of halacha and the minhag is just an added restriction or practice. However, if the community mistakenly thought something is forbidden when it is in reality permitted, that isn't a minhag at all. Seemingly, this idea fits nicely with the approach of communal vows because vows aren't binding when taken in error.<ref>Shulchan Aruch YD 232:10. See Mishna Nedarim 25b.</ref>
Lastly, is it possible to have a temporary minhag? If we assume that minhagim are based on vows, then certainly yes, because it is possible to stipulate that a certain vow should only apply for a certain amount of time.<ref>It is clear from chazal that one may stipulate a vow to apply to a certain time period. A simple proof is the Mishna Nedarim 57a. Additionally, Shulchan Aruch YD 214:1 implies that if one has a practice that one only plans on doing a couple of times and not forever, it isn't binding as an oath, yet to any question, one should stipulate so explicitly. </ref> However, if we suppose that minhagim are based on not breaking from the practices of the everlasting Jewish community, then perhaps it is impossible for minhagim to be temporary just as biblical and rabbinic laws are permanent in nature. Yet, it seems that everyone can agree that minhagim could be instituted temporarily because minhagim are very much based on intent and if the community never accepted the practice with intent that it should last forever, reasonably it should be limited.<ref>The concept that minhagim can have a limited time-frame is shown in Shulchan Aruch YD 228:27.</ref>

==When minhagim clash with halacha==

#A minhag is binding if it involves a stringency above the actual strict law. However, generally speaking, a minhag to follow one opinion on a matter that is a dispute in the Rishonim isn't a binding minhag.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=14145&st=&pgnum=78&hilite= Sdei Chemed (v. 4, Maarechet Mem, Klal 37)]</ref>

==Abrogating Minhagim==

#If a person has a practice in error, some say that it isn't binding and one doesn't require [[hatarat nedarim]]. However, others say that it is binding and in order for it to become permitted one would require [[hatarat nedarim]]. The halacha follows the first opinion. <ref>Tosfot Pesachim 51a s.v. Iy and the Rosh (Pesachim 4:3) hold that a minhag that is based on an error isn't binding at all and may be abrogated without any [[hatarat nedarim]]. Their proof is the gemara Chullin 6b. The Ran (Pesachim 17a) and Rashba (responsa 3:236) hold that a minhag made in error is binding and can only be broken with [[hatarat nedarim]]. Each opinion differs in how they understand the Yerushalmi Pesachim 4:1 which states that a minhag made in error can be abrogated. The Rosh would understand it to mean that it can be abrogated without any formal process. The Ran, however, would explain the Yerushalmi as saying that it could only be broken with [[hatarat nedarim]]. Shulchan Aruch YD 214:1 quotes the Rosh as the primary opinion but also cites the Ran. The Rama follows the Rosh. Also, the Pri Chadash (Dinei Minhagei Issur #1) writes that the halacha is like the Rosh and brings proofs to that effect.</ref>
#A person who has a meritorious minhag, some say that it can never be broken, while others say that it can break that minhag with [[hatarat nedarim]]. The halacha follows the second opinion. <ref>Tosfot Pesachim 51a s.v. Iy and the Rosh (Pesachim 4:3) hold that a meritorious minhag is binding like a neder but can be broken with [[hatarat nedarim]]. However, the Ran (Pesachim 17a) and Rashba (responsa 3:236, cited by Bet Yosef YD 214:1) hold that minhagim can't be broken if it is meritorious. The two opinions differ in how they understand the Yerushalmi Pesachim 4:1 which says that a good minhag can't be abrogated. The Rosh understands it to mean that without [[hatarat nedarim]] it can't be broken. The Ran, however, understands the Yerushalmi more absolutely, a good minhag can not be broken. Another proof for the Ran is the Yerushalmi Nedarim 5:4 which forbad permitting a neder against gambling, even though theoretically some say there is no prohibition with gambling (see Sanhedrin 24b). Shulchan Aruch YD 214:1 rules like the Rosh. The Pri Chadash (Dinei Minhagei Issur #1) also rules like the Rosh but wonders why Shulchan Aruch YD 228:15 rules like the Rivash, who follows the Ran.</ref>
#A communal minhag that is meritorious can only be broken if the entire community does [[hatarat nedarim]]. An individual can't abrogated the minhag if he does a personal [[hatarat nedarim]].<ref>Pri Chadash (Dinei Minhagei Issur #5)</ref>
#A minhag that was accepted by all Jews can't be broken by a [[hatarat nedarim]].<ref>Pri Chadash (Dinei Minhagei Issur #6) citing Sh"t Maharshal 7</ref>
#If one's parent had a meritorious practice, it is not binding upon the children unless they observe the practice one time, either in the life of their parent or after their death. <ref>Pri Chadash (Dinei Minhagei Issur #7) based on the Gemara Chullin 105a</ref>
#If a community has a practice, there is a dispute to what extent it applies to the next generation. One opinion holds that the minhag is not binding upon the next generation unless they have observed it one time.<ref>Zichron Yosef YD 14 cited by Pitchei Teshuva YD 214:5</ref> On the opposite end, some say the minhag is binding upon the children and it is impossible for them to do [[hatarat nedarim]] on that minhag because they weren't the ones who instituted it.<ref>Maharshdam YD 40, Maharik 144</ref> In the middle are those who say that the minhag is binding upon the next generation but they can do [[hatarat nedarim]] just like the previous generation could.<ref>Pri Chadash (Dinei Minhagei Issur #8)</ref>
# A minhag established by rabbis can't be abrogated.<ref>Radvaz 3:532</ref>

==Changing Minhagim==

#If a person moved from one community to another and plans on staying there, he should follow the minhagim of the place he is planning on staying. <ref>Shulchan Aruch YD 214:2</ref>
#If a person changes from one community to another, he should follow their minhagim but must be honest and follow all of their minhagim. Commonly when a man from one community marries a woman from another community, the woman takes upon herself the new minhagim of the community she is moving into. If the husband is a baal [[teshuva]] or a ger and doesn't have minhagim, he may accept the minhagim of his wife.<ref>Tashbetz 3:179 explains that if a man marries a woman from another community with different minhagim certainly they should follow the man's minhagim. It couldn't be that a couple sitting at one table would have certain foods that are permitted to one and forbidden to another. Rav Hershel Schachter in a [http://www.yutorah.org/lectures/lecture.cfm/812018/Rabbi_Hershel_Schachter/Hilchos_Pesach shiur on yutorah.org (Hilchos Pesach min 10-12)] said that generally when a couple gets married and they each have different minhagim they should follow the man's minhagim. It is permitted to change one's old minhagim since one is permanently moving into a new community. However, if he doesn't have minhagim such as if he's a baal teshuva or ger they should follow the wife's minhagim. [The Sephardic Halachah Newsletter v. 7 p. 3] cites Igrot Moshe OC 1:158, Minchat Yitzchak 4:83, Halichot Shlomo 1:7, Rav Elyashiv in Ashrei Haish 3:59:2 who agree.</ref>
#If a woman changed her minhagim when she got married to adopt her husband's minhagim and now she is a widow or divorcee if she has children from her husband she should continue to follow the minhagim of her husband. However, if she doesn't have any children she should return to the minhagim of her father's house.<ref>Tashbetz 3:179 learns from the concept of the daughter of a Cohen who is considered to be a Yisrael for purposes of Trumah as long as she is married to a Cohen. Even after the husband dies or divorces her she is still considered a Yisrael as long as she has children. However, if she doesn't have children "she returns to her father's house" and is considered a daughter of a Cohen. The Tashbetz applies this system to a couple married where the man and woman come from different communities.</ref>
#Some say that a Sephardi who learns by Rabbis who are Ashkenazic doesn’t have to follow the minhagim of his Rabbis and can continue to follow the minhag of his parents. <ref>Sh"t Or Letzion (vol 2 pg 17-18) writes that one should follow the minhag of one’s parents and not that of one’s rabbis. </ref>

==Links==

#[[Minhagim of Chanuka]]
#[https://drive.google.com/file/d/0B0yD7VqthpReQUI3SWpRYkxab2c/edit?usp=sharing Source sheet for above essay on Minhagim]
#[http://www.torahmusings.com/2015/08/how-to-undo-a-minhag/ How to undo a Minhag] by Rabbi Gil Student

==Sources==
<references />

Minhag

2018-12-13T02:28:24Z

Sbasalely: /* What are minhagim based on? */

[[Image:minhag.png|200px|right]]
==What are minhagim based on?==
Why are minhagim binding? In what capacity do we have to observe them? To answer these questions we are going to explore the halachic foundations upon which minhagim are based. There are two primary approaches to explain the obligation for minhagim. The first is based on a Gemara Nedarim 81b which states that one who violates a minhag is in a violation of a neder. The Ran (ibid.) explains that if a person practices a good practice with intention of continuing to keep that practice, rabbinically it is considered as though he took a vow and he is forbidden from breaking that vow. In order for the vow to be effective biblically he would have to enunciate it, however, rabbinically it is sufficient to have acted upon the intent to keep the practice.<ref>Tur and Shulchan Aruch 214:1 cite the approach of the Ran. Birkei Yosef YD 214 also points out that it is only treated like a neder and is binding rabbinically. Thus, if there is a doubt if something is prohibited based on a minhag, one may be lenient.</ref>
The second approach to explain minhagim is based on a Gemara Pesachim 50b. The gemara relates a story in which the people of Bayshan took upon themselves a practice to refrain from traveling on Friday so as not to come to desecrate Shabbat. The next generation, however, found this practice too cumbersome and inhibited their ability to make a livelihood. Yet, when they asked Rabbi Yochanan if they could abolish this practice they were told that they should not disregard the practices of their parents citing a pasuk from Mishlei 1:8. The gemara implies that there is an inherent issue with breaking from communal practices and particularly apply to later generations. From the fact that the Gemara doesn't cite the violation of breaking a vow as the Gemara Nedarim does it seems that the Gemara Pesachim believes that there is another binding force of minhagim.<ref>The Ramban (Mishpat HaCherem, cited by the Bet Yosef YD 214:2) describes minhagim as communal acceptances and doesn't use the language of vows.</ref> Rav Hershel Schachter<ref>Nefesh HaRav (p. 235)</ref> cites Rav Moshe Soloveitchik as having explained that the Rambam's opinion was that minhagim are binding because the act of breaking the minhag is an issue of separating from the community, which in it of itself is a problem.<ref>Pirkei Avot 2:4. See Nefesh HaRav where he explains that separating from the community is a way of breaking from the tradition in which the Torah was meant to be kept. The Torah was given to Bnei Yisrael as a unit (see Rashi Shemot 19:2) and should be kept that way. A person who deviates from communal practices is in essence causing the Torah to be perverted.</ref>
 Before offering practical applications, let us inquire whether each approach can accomodate the idea of personal as well as communal practices. If we suppose that minhagim are based on not abrogating communal customs, then seemingly personal practices would not be binding. However, if minhagim are based on vows, they certainly would apply to individuals; but would it also apply to a congregation? Rav Hershel Schachter in an [http://www.yutorah.org/lectures/lecture.cfm/735162/Rabbi_Hershel_Schachter/%D7%94%D7%A9%D7%91%D7%A2_%D7%94%D7%A9%D7%91%D7%99%D7%A2 article on yutorah.org] explains that there is the concept of a communal vow and applies to everyone in the community. Furthermore, the communal vow is binding not only to the original community who accepted the practice but also to future generations. A proof for this concept is the Gemara Ketubot 111a, which states that the Jews took upon themselves three vows and theoretically they are binding upon Jews to this day.<ref>For further discussion of this topic, see a letter of the Rogachover (Safnat Paneach 143:2) regarding the vow that Yosef made his brothers take. Other proofs are the oath bnei yisrael took against the tribe of Binyamin by Pilegesh B'givah and the acceptance of the Torah, which is sometimes described as an oath. </ref> The concept could be explained by a similar concept we find regarding Korbanot. The Jewish community is considered a single unit that doesn't die because each successive generation fills the shoes of the previous one. Therefore, the Gemara Temurah 15b establishes that even though usually a person can not have a korban chatat brought on his behalf after he passes away, a congregation can do so because in reality the congregation lives on through their descendants. 
Now that we have examined two approaches to minhagim, let us explore a few potential applications and see how each approach relates to that case. First, do minhagim apply to halachic scenarios? That is, what happens when minhag and halacha clashes? For example, there is a major discussion in the rishonim and achronim whether there is an obligation to wear Tefillin on Chol HaMoed. Let's suppose that I usually follow a certain Rabbi or sefer for my halachic questions and he says that I should wear Tefillin on Chol HaMoed, but my father's minhag is not to wear Tefillin, what should I do? According to the first approach, it is reasonable to assume that a community can only take upon themselves vows in gray areas of halacha. For example, the Gemara points out that a person may not vow to abrogate a mitzvah because that simply isn't up to his discretion. Similarly, the halachic question of wearing Tefillin on Chol HaMoed shouldn't be one decided upon by a community and its vow shouldn't be binding.<ref>This position is endorsed by the Sdei Chemed (v. 4, n. 38) and Yabia Omer O.C. 2:23. Both express the idea that the institutors of the minhag may not have the ability to be a decider of halacha to arbitrate between the rishonim. In such a case, the minhag is not binding. According to this opinion, as opposed to issues of minhag, on issues of halacha a person should follow his personal Rebbe Muvhak like the [http://www.hebrewbooks.org/pdfpager.aspx?req=14334&pgnum=367 Chazon Ish YD 150:1] writes.</ref>However, according to the second approach it is possible that a community's practice is binding even in areas of halacha because however the practice was established, the individual should be restricted from breaking from the communal practices.<ref>In fact, the Ohr Letzion (v. 2, p. 17-8 and v. 1, 5:7) advocates this approach with reservation. He explains that the community of Rabbi Yose HaGlali ate cheese and chicken together because the opinion of Rabbi Yose was that it was permitted even though the other Rabbis forbad it. Even after Rabbi Yose died, they followed his opinion, says the Or Letzion, because once they practice in accordance with his opinion before it was known to be a dispute, for that community it remains a permitted activity and do not need to consider the other opinion. One of his proofs is the Rambam (Shmitta VeYovel 10:6) who writes although he believes that the halacha does not follow the geonim in their count of the Shmitta cycle, because the practice is like the geonim, the practice should continue.</ref>
Does a person who moves communities need to continue his old practices or should he follow the customs of the place he entered? If one were to suppose that minhagim are like vows, it is logical that the vows should follow a person wherever he may be. However, if minhagim are a way of observing local customs, then upon moving one should adopt the local practices. In reality, everyone agrees that upon moving one should change his customs to follow the place where he plans on staying.<ref>Shulchan Aruch YD 214:2</ref> It could be explained by supposing that the way communal vows work is that they only apply to a person while he is still part of that community.
Are minhagim binding if they were instituted in error? The Gemara Chullin 6b tells of a story in which Rabbi Yehuda HaNasi came to Beyt Shan and permitted the people not to take Trumot and Maaserot from their crops being that it was not part of Israel. However, the gemara asks how could Rabbi Yehuda HaNasi abrogate their minhag? To this the gemara answers that sometimes a later rabbi is given the opportunity to say something that no one before has said. Tosfot Pesachim 51a s.v. Iy though is bothered because this gemara seems to disregard the entire principle behind minhagim. Tosfot explains that minhagim are only binding when formulated with the correct knowledge of halacha and the minhag is just an added restriction or practice. However, if the community mistakenly thought something is forbidden when it is in reality permitted, that isn't a minhag at all. Seemingly, this idea fits nicely with the approach of communal vows because vows aren't binding when taken in error.<ref>Shulchan Aruch YD 232:10. See Mishna Nedarim 25b.</ref>
Lastly, is it possible to have a temporary minhag? If we assume that minhagim are based on vows, then certainly yes, because it is possible to stipulate that a certain vow should only apply for a certain amount of time.<ref>It is clear from chazal that one may stipulate a vow to apply to a certain time period. A simple proof is the Mishna Nedarim 57a. Additionally, Shulchan Aruch YD 214:1 implies that if one has a practice that one only plans on doing a couple of times and not forever, it isn't binding as an oath, yet to any question, one should stipulate so explicitly. </ref> However, if we suppose that minhagim are based on not breaking from the practices of the everlasting Jewish community, then perhaps it is impossible for minhagim to be temporary just as biblical and rabbinic laws are permanent in nature. Yet, it seems that everyone can agree that minhagim could be instituted temporarily because minhagim are very much based on intent and if the community never accepted the practice with intent that it should last forever, reasonably it should be limited.<ref>The concept that minhagim can have a limited time-frame is shown in Shulchan Aruch YD 228:27.</ref>

==When minhagim clash with halacha==

#A minhag is binding if it involves a stringency above the actual strict law. However, generally speaking, a minhag to follow one opinion on a matter that is a dispute in the Rishonim isn't a binding minhag.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=14145&st=&pgnum=78&hilite= Sdei Chemed (v. 4, Maarechet Mem, Klal 37)]</ref>

==Abrogating Minhagim==

#If a person has a practice in error, some say that it isn't binding and one doesn't require [[hatarat nedarim]]. However, others say that it is binding and in order for it to become permitted one would require [[hatarat nedarim]]. The halacha follows the first opinion. <ref>Tosfot Pesachim 51a s.v. Iy and the Rosh (Pesachim 4:3) hold that a minhag that is based on an error isn't binding at all and may be abrogated without any [[hatarat nedarim]]. Their proof is the gemara Chullin 6b. The Ran (Pesachim 17a) and Rashba (responsa 3:236) hold that a minhag made in error is binding and can only be broken with [[hatarat nedarim]]. Each opinion differs in how they understand the Yerushalmi Pesachim 4:1 which states that a minhag made in error can be abrogated. The Rosh would understand it to mean that it can be abrogated without any formal process. The Ran, however, would explain the Yerushalmi as saying that it could only be broken with [[hatarat nedarim]]. Shulchan Aruch YD 214:1 quotes the Rosh as the primary opinion but also cites the Ran. The Rama follows the Rosh. Also, the Pri Chadash (Dinei Minhagei Issur #1) writes that the halacha is like the Rosh and brings proofs to that effect.</ref>
#A person who has a meritorious minhag, some say that it can never be broken, while others say that it can break that minhag with [[hatarat nedarim]]. The halacha follows the second opinion. <ref>Tosfot Pesachim 51a s.v. Iy and the Rosh (Pesachim 4:3) hold that a meritorious minhag is binding like a neder but can be broken with [[hatarat nedarim]]. However, the Ran (Pesachim 17a) and Rashba (responsa 3:236, cited by Bet Yosef YD 214:1) hold that minhagim can't be broken if it is meritorious. The two opinions differ in how they understand the Yerushalmi Pesachim 4:1 which says that a good minhag can't be abrogated. The Rosh understands it to mean that without [[hatarat nedarim]] it can't be broken. The Ran, however, understands the Yerushalmi more absolutely, a good minhag can not be broken. Another proof for the Ran is the Yerushalmi Nedarim 5:4 which forbad permitting a neder against gambling, even though theoretically some say there is no prohibition with gambling (see Sanhedrin 24b). Shulchan Aruch YD 214:1 rules like the Rosh. The Pri Chadash (Dinei Minhagei Issur #1) also rules like the Rosh but wonders why Shulchan Aruch YD 228:15 rules like the Rivash, who follows the Ran.</ref>
#A communal minhag that is meritorious can only be broken if the entire community does [[hatarat nedarim]]. An individual can't abrogated the minhag if he does a personal [[hatarat nedarim]].<ref>Pri Chadash (Dinei Minhagei Issur #5)</ref>
#A minhag that was accepted by all Jews can't be broken by a [[hatarat nedarim]].<ref>Pri Chadash (Dinei Minhagei Issur #6) citing Sh"t Maharshal 7</ref>
#If one's parent had a meritorious practice, it is not binding upon the children unless they observe the practice one time, either in the life of their parent or after their death. <ref>Pri Chadash (Dinei Minhagei Issur #7) based on the Gemara Chullin 105a</ref>
#If a community has a practice, there is a dispute to what extent it applies to the next generation. One opinion holds that the minhag is not binding upon the next generation unless they have observed it one time.<ref>Zichron Yosef YD 14 cited by Pitchei Teshuva YD 214:5</ref> On the opposite end, some say the minhag is binding upon the children and it is impossible for them to do [[hatarat nedarim]] on that minhag because they weren't the ones who instituted it.<ref>Maharshdam YD 40, Maharik 144</ref> In the middle are those who say that the minhag is binding upon the next generation but they can do [[hatarat nedarim]] just like the previous generation could.<ref>Pri Chadash (Dinei Minhagei Issur #8)</ref>
# A minhag established by rabbis can't be abrogated.<ref>Radvaz 3:532</ref>

==Changing Minhagim==

#If a person moved from one community to another and plans on staying there, he should follow the minhagim of the place he is planning on staying. <ref>Shulchan Aruch YD 214:2</ref>
#If a person changes from one community to another, he should follow their minhagim but must be honest and follow all of their minhagim. Commonly when a man from one community marries a woman from another community, the woman takes upon herself the new minhagim of the community she is moving into. If the husband is a baal [[teshuva]] or a ger and doesn't have minhagim, he may accept the minhagim of his wife.<ref>Tashbetz 3:179 explains that if a man marries a woman from another community with different minhagim certainly they should follow the man's minhagim. It couldn't be that a couple sitting at one table would have certain foods that are permitted to one and forbidden to another. Rav Hershel Schachter in a [http://www.yutorah.org/lectures/lecture.cfm/812018/Rabbi_Hershel_Schachter/Hilchos_Pesach shiur on yutorah.org (Hilchos Pesach min 10-12)] said that generally when a couple gets married and they each have different minhagim they should follow the man's minhagim. It is permitted to change one's old minhagim since one is permanently moving into a new community. However, if he doesn't have minhagim such as if he's a baal teshuva or ger they should follow the wife's minhagim. [The Sephardic Halachah Newsletter v. 7 p. 3] cites Igrot Moshe OC 1:!58, Minchat Yitzchak 4:83, Halichot Shlomo 1:7, Rav Elyashiv in Ashrei Haish 3:59:2 who agree.</ref>
#If a woman changed her minhagim when she got married to adopt her husband's minhagim and now she is a widow or divorcee if she has children from her husband she should continue to follow the minhagim of her husband. However, if she doesn't have any children she should return to the minhagim of her father's house.<ref>Tashbetz 3:179 learns from the concept of the daughter of a Cohen who is considered to be a Yisrael for purposes of Trumah as long as she is married to a Cohen. Even after the husband dies or divorces her she is still considered a Yisrael as long as she has children. However, if she doesn't have children "she returns to her father's house" and is considered a daughter of a Cohen. The Tashbetz applies this system to a couple married where the man and woman come from different communities.</ref>
#Some say that a Sephardi who learns by Rabbis who are Ashkenazic doesn’t have to follow the minhagim of his Rabbis and can continue to follow the minhag of his parents. <ref>Sh"t Or Letzion (vol 2 pg 17-18) writes that one should follow the minhag of one’s parents and not that of one’s rabbis. </ref>

==Links==

#[[Minhagim of Chanuka]]
#[https://drive.google.com/file/d/0B0yD7VqthpReQUI3SWpRYkxab2c/edit?usp=sharing Source sheet for above essay on Minhagim]
#[http://www.torahmusings.com/2015/08/how-to-undo-a-minhag/ How to undo a Minhag] by Rabbi Gil Student

==Sources==
<references />

Kosher Wine: Yayin Nesech, Stam Yeinam, and Maga Akum

2018-08-06T20:44:30Z

Sbasalely: /* How */

=General=
There are three concepts at hand: '''Yayin Nesech''' refers to wine that was actually used for idolatrous wine libations, '''Stam Yeynam''' is wine owned by non-Jews, and '''Maga Akum''', is Jewish wine touched by a non-Jew. Yayin Nesech is prohibited in benefit (Assur BeHan'ah) on a Torah level, like all items associated with [[Avodah Zarah]], but Stam Yeynam and Maga Akum are prohibited by the Chachamim for two reasons. Firstly, to prevent intermarriage, they prohibited one from drinking non-Jewish wine, as wine brings people together. In addition, the prohibition was extended from just not drinking to not getting any benefit from both Stam Yeynam and Maga Akum, because there's a chance that it was used or moved by the non-Jew with intent to pour for his idol.<ref>Shulchan Aruch Yoreh Deah 123:1</ref>
=Deriving Benefit=

#Even if the wine is permitted in benefit, it may still be prohibited to do business with such products according to some.<ref>Rama Yoreh Deah 123:1. See Shach Yoreh Deah 123:4, Pitchei Teshuvah Yoreh Deah 123:1, and Yabia Omer (vol. 8 Yoreh Deah Siman 13)</ref>
#Baring life threatening circumstances, one may not get any benefit from Yayin Nesech, even in an abnormal manner (Shelo Kederech Hanaato), such as bathing,<ref>Shulchan Aruch Yoreh Deah 123:2</ref> but Ashkenazim are lenient.<ref>Rama Yoreh Deah 155:3. See Shach ad loc.</ref>

=Kinds of Wine Subject to the Prohibition=
==Wine Products==

#Maga Akum can only prohibit wine, not vinegar, but if the vinegar had been touched while it was still wine, the fermentation does not remove the Issur. Some were concerned that one would mistake vinegar for wine that's still fermenting, but, aside for situations that require heavier safeguards against intermarriage, the halacha assumes vinegar is vinegar and not subject to Maga Akum.<ref>Shulchan Aruch Yoreh Deah 123:6</ref> If the vinegar bubbles intensely when poured, one can assume it has been vinegar for at least three days and any contact with Non-Jews is irrelevant.<ref>Shulchan Aruch Yoreh Deah 123:7. See [http://www.hebrewbooks.org/pdfpager.aspx?req=21867&st=&pgnum=108 Shu"t Shema Shlomo (vol 3 Yoreh Deah Siman 6)]</ref> Some claim that modern day vinegar is not the same vinegar as in the times of the Talmud, because even industrial vinegar does not bubble as described.<ref>[https://oukosher.org/blog/consumer-kosher/does-wine-vinegar-present-a-concern-of-stam-yainam/ Does Wine Vinegar Present a Concern of Stam Yeinam? (OU Kosher)]. See also [https://www.star-k.org/articles/kashrus-kurrents/4470/balsamic-vinegar-sour-grapes-or-sour-sweet-success/ BALSAMIC VINEGAR: SOUR GRAPES OR SOUR SWEET SUCCESS (Star-K)] regarding contemporary vinegar production.</ref>
#We are stringent to assume liquid from unripened grapes (Boser) is subject to Maga Akum.<ref>Shulchan Aruch Yoreh Deah 123:8</ref>
#Wine spirits (Aguardiente), such as vodka, whisky, and arak, are included in the definition of wine,<ref>Shulchan Aruch Yoreh Deah 123:24). See Kaf HaChaim Orach Chaim 202:16</ref> unless it was previously Mevushal.<ref>Shiurei Bracha Yoreh Deah 123:18, Nehar Mitzrayim Hilchot Yayin Nesech 5</ref> This applies even if it's a product of the pulp and pips.<ref>Pitchei Teshuvah Yoreh Deah 123:17</ref>

==Mevushal and Mefustar==

#The Chachamim did not include cooked wine in their Gezeirah, because it's not fit for idol worship.<ref>Shulchan Aruch Yoreh Deah 123:3</ref> While the [[Geonim]] define "cooking" for these purposes as boiling, the [[Yerushalmi]] says some of the wine must evaporate. Some say that they're one and the same and boiling is really sufficient, while others require a change of taste and/or minimizing of alcohol content. Therefore, Rav Shlomo Zalman Auerbach<ref>Shu"t Minchat Shlomo Kamma Siman 25</ref> and Rav Ben Tzion Abba Shaul<ref>Shu"t Ohr LeTzion vol. 2 20:18 (not 20:19, as is often mistakenly cited)</ref> argue that pasteurization cannot be considered cooking, because the vapor is mixed right back into the wine; Rav Moshe Feinstein<ref>Shu"t Iggerot Moshe Yoreh Deah vol. 3 Siman 31</ref> and Rav Ovadia<ref>Yabia Omer vol. 8 Yoreh Deah 15 and vol. 9 Orach Chaim 108:134</ref> claim boiling is what it hinges on and evaporation is just a sign of it but not necessary. Rav Moshe Feinstein and Rav Ovadia require pasteurization to a temperature exceeding or 175˚ F, respectively, and the Tzelemer Rav insisted on a minimum 190˚ F. On this basis OU permits wines that undergo flash pasteurization to be labeled either as mevushal or mifustar.<ref>[https://oukosher.org/publications/mifustar-is-it-mevushal/ MIFUSTAR – IS IT MEVUSHAL? (Daf HaKashrus, by Rav Eli Gersten)]. See [http://www.hebrewbooks.org/pdfpager.aspx?req=21867&st=&pgnum=108 Shu"t Shema Shlomo (vol 3 Yoreh Deah Siman 6)].</ref>

==Other Grape Products==

#Even though grape seeds are subject to the prohibition and one cannot get benefit from them for twelve months until they dry and are then washed<ref>Shulchan Aruch Yoreh Deah 123:14</ref>, grape seed ''oil'' is not subject to Stam Yeynam.<ref>Shu"t Chatam Sofer (Yoreh Deah 117), Shu"t Yabia Omer (vol. 7 Yoreh Deah Siman 11). Reasons include that it's changed from its original form, dried beforehand, might not have had Hamshachah, and there's no taste of the wine in the oil, which is extracted alone. Rav Hershel Schachter questions if factory storage counts towards twelve months, and Rav Yisroel Belsky requires that we ascertain that the Kelim were kashered properly. ([https://oukosher.org/content/uploads/2013/02/Daf_17-8c.pdf Lo Basi Ela LeOrer: Byproducts of Wine (Daf ha-kashrus Iyar 5769/ May 2009 Vol. 17 / No. 8)])</ref>
#Grape seed extract made of seeds needs a Hashgacha to ensure it was removed within twenty-four hours sine crushing.<ref>[https://oukosher.org/content/uploads/2013/02/Daf_17-8c.pdf Lo Basi Ela LeOrer: Byproducts of Wine (Daf ha-kashrus Iyar 5769/ May 2009 Vol. 17 / No. 8)]</ref>
#Tartaric Acid, a byproduct of winemaking (Tamtzit SheNikrash), is permitted after rinsing off of sediment or waiting twelve months, but nowadays, since it's refined to remove all impurities, is immediately acceptable.<ref>See Shiurei Bracha Yoreh Deah 123:13 about Potassium bitartrate), [https://oukosher.org/content/uploads/2013/02/Daf_17-8c.pdf Lo Basi Ela LeOrer: Byproducts of Wine (Daf ha-kashrus Iyar 5769/ May 2009 Vol. 17 / No. 8)]</ref>

=Mixtures (Ta'arovot)=

#Since Stam Yeynam is only MiDeRabbanan, there is much room to be lenient in situations of Safek, especially with Yishmaelim.<ref>Shiurei Bracha Yoreh Deah 123:2. See also Yabia Omer (vol. 7 Yoreh Deah 11:4)</ref>
#If wine is mixed with enough honey, spices, or other ingredients that change its taste, it cannot become assur via Maga Akum.<ref>Shulchan Aruch Yoreh Deah 123:4)</ref>
#The [[Rambam]]<ref>Rambam Hilchot Ma'achalot Assurot 11:10</ref> uniquely cites the position of the Geonei HaMaarav, who held that even a little bit of honey or spice can prevent wine from becoming subject to Maga Akum. Although this opinion has not been accepted by many, the Minhag in Egypt for generations was to be lenient like the Rambam, as all their wine came from Crete and adding honey was the only means of ensuring it wouldn't become prohibited by Maga Akum. the [[Radbaz]] permits such wine touched by a Yishmaeli on these grounds and in situations of great loss<ref>Shiurei Bracha 5. See Pe'at David ad loc that the Radbaz elsewhere only permits it in cases of Safek. See [http://www.hebrewbooks.org/pdfpager.aspx?req=34122&st=&pgnum=179 Nehar Mitzrayim (Hilchot Yayin Nesech 8) and Shelulit HaNahar (ad loc.)] at length regarding the Radbaz, as well as [http://www.hebrewbooks.org/pdfpager.aspx?req=21291&pgnum=158 Shu"t Shemesh uMagen (vol. 3 Yoreh Deah 11-15)], [http://www.hebrewbooks.org/pdfpager.aspx?req=56617&st=&pgnum=102 Shu"t Divrei Benayahu (vol. 2 Siman 15-22)], and [http://www.hebrewbooks.org/pdfpager.aspx?req=21867&st=&pgnum=97 Shu"t Shema Shlomo (vol 3 Yoreh Deah 4-5)]</ref> and also allows mixing the touched wine with other wine to nullify it.<ref>Shiurei Bracha Yoreh Deah 123:6</ref>
#If kosher wine was mixed into a solid food to the point that it's no longer discernable, it cannot become prohibited via Maga Akum, even if the dish is still raw. If it is discernable, it can become prohibited, unless the taste of the wine has changed.<ref>Shulchan Aruch Yoreh Deah 123:5</ref>
#Depending on the ratio, watered down wine can be subject to Maga Akum, as long as the water ruins the taste of the wine. Due to the great subjectivity of the matter, it was omitted from Shulchan Aruch, but the Rama writes how a 1:6 ratio could be enough to nullify the taste of the wine.<ref>Shulchan Aruch Yoreh Deah 123:8)</ref>
#In general, Yayin Nesech cannot be nullified by wine (Min BeMino), just as regular Avodah Zarah, if wine is mixed with Mevushal wine and honey, some say the honey nullifies the regular wine to prevent it from becoming prohibited via touch, while others say treat the Mevushal wine like water and nullify it accordingly or even with Rov.<ref>Rama Yoreh Deah 123:5. Shach ad loc writes how one can be lenient like the former approach in a case of great loss or if the custom is such. The Chida (Shiurei Beracha Yoreh Deah 123:4) points out how a Rov of Mevushal wine is insufficient.</ref>

=Who Can Prohibit Wine=
==Idol Worshippers==

#The touch of adult idol worshipers prohibits wine from both drinking and benefit, but children can only prohibit drinking. The status of child changes to adult, regardless of age,<ref>Shach Yoreh Deah 124:1</ref> when he begins to carry the name of his god and accessories on his lips,<ref>Avodah Zarah 57a, Shulchan Aruch Yoreh Deah 124:1</ref> because the frequency of his mentioning the idol implies that he might be thinking about if when pouring wine, as well.<ref>Perishah Yoreh Deah 124:1</ref> Just mentioning the name of his god in passing because that's common jargon (such as when saying "for so and so's sake!" or when speaking profanely) does not register as the necessary familiarity to pass the threshold of childhood.<ref>Taz Yoreh Deah 124:1</ref>
#Muslims are not idol worshippers, so their wine and wine they touch is only prohibited from drinking, because of intermarriage. Rishonim and Acharonim unanimously voice this ruling.<ref>Shulchan Aruch Yoreh Deah 124:?, see Shiurei Bracha and Shirei Shirayim Yoreh Deah 123:1, Birkei Yosef Yoreh Deah 4, and Pe'at David footnote ad loc.</ref> Their touch without Kavanna will not prohibit the wine at all, because the Gezeirah against Maga Akum stems primarily from wariness of Avodah Zarah, not intermarriage.<ref>Shulchan Aruch Yoreh Deah 124:7, Nehar Mitzrayim Hilchot Yayin Nesech Shelilut HaNahar 3</ref> These rulings apply to all non idol worshipping Non-Jew and to those from an idolatrous nation who accepts upon himself to not worship idols.<ref>Beit Yosef Yoreh Deah 124:7, Shach Yoreh Deah 124:12</ref>
#According to the [[Baalei HaTosafot]], Christians of our times are not true idol worshippers, so wine they touch or own is only prohibited from drinking, not benefit. This has far reaching ramifications throughout Hilchot Yayin Nesech, primarily for Ashkenazim. In fact, the [[Shach]] and [[Taz]] comment consistently how each ruling throughout these Simanim in Shulchan Aruch does not apply completely. Often times, they bump the prohibition down one level, so, if something is prohibited from benefit, they often say it's only prohibited from drinking, and, if only from drinking, then it's completely permitted. Obviously, each case must be evaluated individually, but the foreknowledge of how their perspective and general Derech HaPesak in this area should prove valuable.<ref>Rama Yoreh Deah 123:1 and 124:24</ref>

==Gerim==

#A [[Ger Toshav]] and a conversion candidate who underwent [[Brit Milah]] but not Tevilah, only prohibits wine from drinking, not benefit, as they have left the fold of idolatry but haven't entered the Jewish family - intermarriage is still prohibited. Even according to the lenient opinion in these cases, the leniency only extends to his touch; his own wine is still prohibited from drinking.<ref>Shulchan Aruch and Rama Yoreh Deah 124:2</ref>

==Avadim==

#An Eved purchased from a Non-Jew no longer prohibits wine with his touch once he has [[Milah]] and Tevilah even if they don't yet act like Jews and hasn't yet ceased to mention the names of his gods.<ref>Shulchan Aruch Yoreh Deah 124:3</ref> If they did not yet have a Tevilah, the wine they touch would be prohibited from benefit.<ref>Shach Yoreh Deah 124:7, see Biur HaGra Yoreh Deah 124:8</ref>
#The adult circumcised children born in Jewish dominion to Shefachot who haven't gone to the Mikveh can still prohibit wine from drinking , but the young ones don't even prohibit it at all.<ref>Shulchan Aruch Yoreh Deah 124:4. The Shach Yoreh Deah 124:8 is upset, as the Rambam's words, which are the source for this ruling of Shulchan Aruch, make no mention of drinking; rather, they imply the wine is prohibited from all benefit! Regardless, he concludes that Ashkenazim are lenient nowadays with respect to benefit in cases of loss, so the Halacha is the same. See Biur HaGRA Yoreh Deah 124:9.
The Taz Yoreh Deah 124:3 thinks that even Maga of Ketanim who don't have Milah would be Muttar beShetiah. The Shach Yoreh Deah 124:9 concurs for a different reason.</ref>
#If the Shefachot did go to the Mikveh already, then their children cannot prohibit wine, regardless of age or Milah.<ref>Shulchan Aruch Yoreh Deah 124:5 writes this as a Yesh Mi SheOmer, either because only the Tashbetz (vol. 1 Siman 170) states this seemingly obvious Halacha, or because it would be in opposition to a Ramban in Yevamot (R' Akiva Eiger ad loc.)</ref>

==Jews==

#A Jew who rejects Judaism for [[Avodah Zarah]] prohibits wine with his, but he's also believable if he says he did [[Teshuvah]]. Meanwhile, a Jew who is rejects other Mitzvot, such as a Mumar LeOrlot (known to reject the Mitzvah of Brit Milah), cannot prohibit wine with his touch.<ref>Shulchan Aruch Yoreh Deah 124:8</ref>
#Anusim (conversos), no matter how well meaning, are suspect of Halachic infidelity and also not in a position to guard their wine from the touch of Non-Jews; therefore, one may not drink their wine or believe them even under oath regarding its status. However, they may be believed regarding other people's wine, and their touch doesn't qualify as Maga Akum.<ref>Shulchan Aruch and Rama Yoreh Deah 124:9</ref> Of course, this is only true if they remain loyal to Halacha at home and only put on an outward facade of conversion, but, if they ever abandon Halacvha at home, even if they kept Halacha at the beginning of their conversion, they are no different from the Goyim.<ref>Rama Yoreh Deah 124:9</ref>

=How=
{| class="wikitable"
! style="text-align: center; font-weight:bold; font-size:16px; font-family:Tahoma, Geneva, sans-serif !important;; background-color:#333333; color:#ffffff;" |Basic Method
! style="text-align: center; font-weight:bold; font-size:16px; font-family:Tahoma, Geneva, sans-serif !important;; background-color:#340096; color:#ffffff;" |Medium
! style="text-align: center; font-weight:bold; font-size:16px; font-family:Tahoma, Geneva, sans-serif !important;; background-color:#340096; color:#ffffff;" |Kavanna
! style="text-align: center; font-weight:bold; font-size:16px; font-family:Tahoma, Geneva, sans-serif !important;; background-color:#340096; color:#ffffff;" |Result
|-
| style="background-color:#ffffc7;" |Maga (Touch)
| style="background-color:#ffffc7;" |Direct (Yad)
| style="background-color:#ffffc7;" |
#Wine
#Touch
#Not busy with other activies
| style="background-color:#ffffc7;" |Assur BeHana'ah<ref>Shulchan Aruch Yoreh Deah 124:10</ref>
|-
| style="background-color:#ffffc7;" |Maga
| style="background-color:#ffffc7;" |Direct
| style="background-color:#ffffc7;" |Lacking any of the three
| style="background-color:#ffffc7;" |Muttar BeHanaah
Assur BeShetiah<ref>Shulchan Aruch Yoreh Deah 124:11-12</ref>
|-
| style="background-color:#ffce93;" |Maga
| style="background-color:#ffce93;" |Indirect (Al Yidei Davar Acher)
| style="background-color:#ffce93;" |All three
| style="background-color:#ffce93;" |Assur BeHana'ah<ref>Shulchan Aruch Yoreh Deah 124:11</ref>
|-
| style="background-color:#ffce93;" |Maga
| style="background-color:#ffce93;" |Indirect
| style="background-color:#ffce93;" |Not for Wine
or not for Touch
(Lacking #1 or #2)
| style="background-color:#ffce93;" |Muttar BeShetiah<ref>Shulchan Aruch Yoreh Deah 124:24</ref>
|-
| style="background-color:#ffce93;" |Maga
| style="background-color:#ffce93;" |Indirect
| style="background-color:#ffce93;" |Busy with other
activities (#3)
| style="background-color:#ffce93;" |Muttar BeHanaah
Assur BeShetiah<ref>Shulchan Aruch Yoreh Deah 124:19,24, and commentaries ad loc.</ref>
|-
| style="background-color:#9aff99;" |Kocho (Force)
| style="background-color:#9aff99;" |
| style="background-color:#9aff99;" |Yes
| style="background-color:#9aff99;" |Muttar BeHanaah
Assur BeShetiah<ref>Shulchan Aruch Yoreh Deah 125:1</ref>
|-
| style="background-color:#9aff99;" |Kocho
| style="background-color:#9aff99;" |
| style="background-color:#9aff99;" |No
| style="background-color:#9aff99;" |Muttar BeShetiah<ref>Shulchan Aruch Yoreh Deah 125:1</ref>
|-
| style="background-color:#9aff99;" |Koach Kocho
| style="background-color:#9aff99;" |
| style="background-color:#9aff99;" |Yes
| style="background-color:#9aff99;" |Bediavad Muttar<ref>Shulchan Aruch Yoreh Deah 125:2</ref>
|}
==Touch (Maga Akum)==

#Wine can only be prohibited in benefit from Non-Jewish touch if three conditions are met:<ref>Shulchan Aruch Yoreh Deah 124:10</ref>
##He intended to touch it, unlike a child who has no kavanna
##He knows that it's wine
##He's not busy with other activities
#Some say that if an idolater shakes an open bottle, even without picking it up or touching the wine, the contents still become prohibited in benefit, but many disagree.<ref>Shulchan Aruch Yoreh Deah 124:17</ref> Some say that shaking is not the same as stirring, and one should not be stringent in cases of great loss. Only if he picks it up and shakes is it prohibited.<ref>Rama Yoreh Deah 124:17. The Noda BeYehudah (Shu"t Noda BeYehudah Tinyana Yoreh Deah 69, Dagul Mervava Yoreh Deah 124:15, Yad Ephraim Yoreh Deah 124:14) posits this is only true by true idolaters, but for Christians, we can be lenient even if he picks it up and shakes it, as it's no worse than touching it with an object without intention. R' Akiva Eiger (ad loc.) is lenient, as well. Pitchei Teshuvah (Yoreh Deah 124:3) cites the next Teshuvah, in which the Noda BeYehudah argues to be machmir for Rashi if the bottle is full, unless it's vinegar, in which case we can be lenient, since it's already a Safek.</ref> Meanwhile, others are lenient even in that case, because shaking cannot prohibit wine; only stirring can.<ref>Taz Yoreh Deah 124:15. The Nekudot HaKesef 4 argues that he misread the Rashba.</ref>
#If he picks it up and pours, even without shaking, that which was poured out is prohibited (the contents are up to debate).<ref>Shulchan Aruch Yoreh Deah 124:18. If he didn't pick it up, it seems like it would be permitted, as per the Beit Yosef ad loc.</ref>
#If he picked it up and put it right back down without shaking or touching the contents, it's permitted. Similarly, just touching the bottle creates no prohibition.<ref>Shulchan Aruch and Rama Yoreh Deah 124:18</ref>
#If something is already touching the wine and the idolater touches it, the wine is not prohibited at all, as it's no worse than touching the bottle alone, even if he explicitly states he's doing so with idolatrous.<ref>Shulchan Aruch, Rama, and Biur HaGRA Yoreh Deah 124:21</ref>

=Further Reading=

*[https://541e0667-a-62cb3a1a-s-sites.googlegroups.com/site/israelmyroot/home/vineyards-and-winepresses-in-ancient-israel/8547.Winepress.jpeg?attachauth=ANoY7cqBHcBFfpxvt5QlhMV72ih4xs0K23U_wCCRnXZamMdukEDSunKRm3_9_8VRyu-46byLD10svoxppPb_tbc-XZJ6P7MJIzbyOt2yWsOuMUpL5Pvz7GZdn0UbM9Uo3g9f2SZ7v5Vv4rFEtIt1S24mNEbbG-9MTHQl-vtsLddKNha7tMkcSB2MOsBDPdls4fu85XSoqO3dIhl0VLxXGdvvEMyBXwBXB6wvLlMzyD16EWGofRUTxqQmNatyirIBfnTTK1vMWHWUGUjuewfZ9tbQ1aKf9uggBWm-ifwDDe5cLe-tgVCNkN8%3D&attredirects=0 A Winepress in Ancient Israel] - a really handy diagram of what an ancient winepress (a "Gat") looked like.
*[https://www.star-k.org/articles/articles/1136/the-art-of-kosher-wine-making/ THE ART OF KOSHER WINE MAKING (Star-K)] - Essential background information to learning Hilchot Yayin Nesech
*[http://www.crcweb.org/Sherry%20Casks%202.pdf Sherry Casks (cRc)] - A Comprehensive Overview of Scotch Production and its Kashrus Implications
*[https://oukosher.org/content/uploads/2014/03/daf-hakashrus-purim74.pdf Sherry Casks (OU Daf HaKashrus Consumer Edition ISSUE 1 | PURIM 5774)]

=Sources=
{{Reflist}}
[[Category:Kashrut]]

Reference of Measurements in Halacha

2015-10-12T18:01:13Z

Sbasalely: /* Kezayit */

[[Image:Measuring Tools.png|200px|right]]
There are many different [[measurements]] used in the Torah and classical Rabbinic Seforim, which are important for daily living. An example is the specific amount of wine that [[Kiddush]] is made on: One [[Revi'it]]. If one doesn't know how much a [[Revi'it]] is, how can one fulfill the Mitzvah properly?
The modern day equivalents for many Hebrew [[measurements]] are discussed below.
In addition, discussed below are many Halachic times which also matter for everyday use.
==Kezayit==
# According to Ashkenazim, all sizes are measured in volume and not weight.<Ref> Mishna Brurah 456:3, Vezot HaBracha (pg 6) </ref> However, according to Sephardim the actual halacha is that measures are in volume but the minhag is to follow the measures in weight. <ref>See Yalkut Yosef (Klalei [[Brachot]] pg 195-202) discusses this at length. However, see Or Letzion (Vol. 3, Introduction) who argues that the custom to use weight is only for foods which have similar density to water, but for other foods (like Matza) one would use volume. </ref>
# There’s a dispute in the Rishonim whether the [[Kezayit]] (olive size) is a half or third of a [[KeBaytzah]] (egg size), and regarding [[Bracha Achrona]] and Deoritta Mitzvot, the halacha follows the opinion that a [[Kezayit]] is half a KeBeytzah. <Ref>
* Mishna Brurah 486:1 writes that the Tosfot holds a [[Kezayit]] is half of a KeBeitzah with the shell and the Rambam holds it is a third of a KeBeitzah (see Tosfot (Yoma 80b s.v. Agav), Rambam (Eiruvin 1:9)). S”A 486 rules like Tosfot. Rav Avraham Chaim Noeh (Shiurei Torah 3:12) argues that Tosfot holds half a KeBeitzah without the shell.
* What's the halacha? Mishna Brurah 486:1 rules that for Deoritta Mitzvot and [[Bracha Achrona]], one should eat the size of half a KeBeitzah, but for Derabbanan Mitzvot, one third suffices. He adds that since one has to make a Bracha on [[maror]], one should eat half a KeBeitzah.
* Chazon Ish 39:17 decided that we could be lenient like the Rambam. see below for an exact amount according to Chazon Ish </ref>
# According to Rav Chaim Noeh, the [[Kezayit]] for Deoritta measures (eating [[Matzah]]) and [[Bracha Achrona]] is 27cc. The Chazon Ish’s opinion is that the [[Kezayit]] is 33.3 grams (1.3 oz). <ref>
* The Tzlach (Pesachim 116b) holds that the modern day eggs are half the size of those in the days of Chazal. However, Rav Noeh (Shiurei Torah Shaar 3) argues that the modern day eggs have not changed from the days of Chazal. Mishna Brurah 486:1 writes that for the mitzvah deoraitta of [[matza]], one should follow the stringent view of the Tzlach. see Rav Shlomo Wahrman (Orot Haesach 28) who explains why there is no need to say that the eggs have shrunk since the times of the Gemara. see also Maaseh Rav 74, where it says that the Gra accepted the position of the Tzlach.
* Practically, how much is a [[Kezayit]]?
**(1) Rav Chaim Noeh in Shiurei Torah (3:11, pg 191, 5707) writes that for Deoritta Mitzvot one should eat 28.8cc, however, in Shiurei Tzion (p. 70, 5709) he writes that it is 27cc. Vezot HaBracha (Birur Halacha 1) explains that Rav Chaim Noeh retracted from his original ruling.
**(2) Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) quotes the Chazon Ish that a [[Kezayit]] is 2/3 of a modern egg and an egg can possibly be up to 55cc. Therefore, Vezot HaBracha (Birur Halacha 1) writes that the Chazon Ish holds that 33.3cc is a [[Kezayit]]. The Chazon Ish's opinion of [[Kezayit]] is partially based on the opinion of the Tzlach. see also Chazon Ish in Hilchot [[Shabbat]] 39.
**(3) Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Kezayit]] is 31.2cc. [However, Rabbi Bodner in Halachos of K’zayis (p. 24) writes that Rav Dovid Feinstein told him that Rav Moshe never measured the eggs himself and it was his student who calculated 1.1oz, but that if his calculations were more precise he should use those. Therefore, Rabbi Bodner rules, based on his own calculations, that a [[Kezayit]] is 27.2cc.]</ref>
**(4) Rav Mordechai Willig ([http://www.yutorah.org/lectures/lecture.cfm/760487/Rabbi_Mordechai_I_Willig/How_Much_Matza_Do_You_Need_to_Eat Pesach To-Go, Nisan 5771], p. 60) is of the opinion that the size in volume of a kezayis is 22.5 cubic centimeters
## The minhag of the world and many other authorities is to follow Rav Chaim Noeh’s opinion. <Ref> Vezot HaBracha (pg 6, Birur 1, pg 221) quotes Rav Elyashiv and Rav Shlomo Zalman saying that for [[Bracha Achrona]] the widely accepted measurement of the [[Kezayit]] is according to Rav Chaim Noeh. Vezot HaBracha also mentions that such is the minhag of the world. </ref>
# If one ate between a third and a half a [[KeBaytzah]] one should not make a Bracha achrona because of safek [[Brachot]]. Therefore, one should have less than a third and not make a Bracha achrona or more than a half and make a Bracha achrona. <Ref> Mishna Brurah 486:1 </ref>
# On Mitzvot Deoritta such as eating [[Matzah]] one must be strict to hold a [[Kezayit]] is a half a [[KeBaytzah]]. However, regarding מצות Derabbanan it’s preferable to hold that a [[Kezayit]] is a half a kebaytzah, however, one may rely on the opinion that a [[Kezayit]] is a third a kebaytzah. <Ref> Mishna Brurah 486:1 </ref>
# One needs to make sure that he does not count air in the food as part of the shiur of kezayis. If one has a food that is hollow, a kezayis of that food is considered when the food would be pressed.<ref> Rama 486:1 </ref>

==Kedi Achilat Pras==
# See [[Kedi Achilat Pras]] (the time in which a [[Kezayit]] is considered eaten together)

==KeBaytzah==
# According to Rav Chaim Noeh, the [[KeBaytzah]] is 55cc, and according to the Chazon Ish, it is 100cc. <ref>Vezot HaBracha pg 6 </ref>

==Amah, Tefach, Etzbah==
# According to Rav Moshe Feinstein, the [[Amah]] is 21.25 inches (53.98 centimeters), the [[Tefach]] is 3.54 inches (9.00 centimeters), and the Etzbah is 0.89 inches (2.25 centimeters). <ref> Sh”t Igrot Moshe O”C 1:136. writes that the [[Amah]] is 21.25 inches and one can be strict to hold that it is 23 inches. </ref>
# According to Rav Chaim Noeh, the [[Amah]] is 18.90 inches (48 centimeters), the [[Tefach]] is 3.15 inches (8 centimeters), and the Etzbah is 0.79 inches (2 centimeters) <ref>Shiurei Torah (by Rav Chaim Noeh, Siman 3 Seif 25 pg 249) </ref>
# According to the Chazon Ish, the [[Amah]] is 24 inches (60.96 centimeters), the [[Tefach]] is 4 inches (10.16 centimeters), and the Etzbah is 1 inch (2.54 centimeters). <ref> Shiurin shel Torah (pg 3) by the Steipler quoting the Chazon Ish but admitting that these are approximate measures because of the need to publicize the measures but not an accurate calculation. </ref>
==Mil==
# When [[Mil]] is given in terms of time, some consider it 18 minutes, some 22.5 minutes, and some 24 minutes. <ref>Shulchan Aruch 459:2 writes that the [[mil]] is 18 minutes. Rama 261:1 agrees. Beiur Halacha 459:2 s.v. Haviy quotes some who consider it 22.5 minutes and others who say that it is 24 minutes.</ref>
# When [[Mil]] is given in terms of distance it is equal to 2000 [[Amot]]. <ref>Rashi Yoma 67a s.v. shivah and Tosfot Shabbat 34b s.v. safek write that a mil is 2000 amot. Shulchan Aruch 261:2 writes that 3/4 of a [[mil]] is equal to 1500 [[amot]], implying a [[mil]] is 2000 [[amot]]. [http://www.yeshiva.org.il/midrash/shiur.asp?id=15883#3b Rabbi Melamed on yeshiva.org.il] writes that a [[mil]] is 2000 [[amot]].</ref>

==Revi'it==
# A [[Reviyit]] is a [[KeBaytzah]] and a half.<Ref>Mishna Brurah 486:1 </ref> Therefore, Rav Chaim Noeh holds that the [[Reviyit]] is 86 grams (3 oz),<ref>Shiurei Tzion (p. 69)</ref> the Chazon Ish holds that the [[Reviyit]] is 150 grams (5.3 oz).<ref> Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) according to the rulings of the Chazon Ish </ref>, and some quote Rav Moshe as saying the [[Reviyit]] is 3.3 oz.<ref>Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Reviyit]] is 3.3 oz.</ref>
# With regards to drinking [[the four cups of wine]], see the [[Required Amount of Matzah and Wine for the Seder]] page.

==Kedi Shtiyat Reviyit==
# See [[Kedi Shtiyat Reviyit]] (the time in which a [[Reviyit]] is considered drunk together)
==Prutah==
# A [[prutah]] is 1/40 of a gram of silver (which is about a few cents). However, the [[prutah]] with regards to the mitzvah of returning a lost object is discussed [[Returning_Lost_Objects#Worth_a_Prutah| here]]. <ref> S”A CM 88:1 says a [[prutah]] is a half of a pearl of barley. Shiurei Torah (Rav Chaim Noeh pg 177) and Shiurei HaMitzvot (Chazon Ish pg 65) say a [[prutah]] is 1/40 of a gram of silver (which currently is about 2.3 cents). Halachos of [[Chanukah]] (Rabbi Shimon Eider, pg 38) quotes Rav Moshe Feinstein saying that a [[prutah]] is 2 or 3 cents and not just one penny. See Halachos of Other People’s Money (Rabbi Bodner pg 150) who quotes Rav Moshe regarding a [[prutah]] for the mitzvah of returning a lost object. </ref>

==Toch Kedi Dibbur==
# [[Kedi Dibbur]] is the time it takes to say Shalom Alecha Rebbe. <ref>Kitzur Shulchan Aruch (Klalim s.v. Kedi)</ref>
# [[Toch Kedi Dibbur]] is less than the time it takes to say Shalom Alecha Rebbe.<ref>Kitzur Shulchan Aruch (Klalim s.v. Kedi)</ref>

==Kdei Aniva==
# There are several opinions about how long Kdei Aniva is, however, one doesn't need to be strict to consider it to be longer than 2 gudalin. <ref>How long is kdei aniva? There’s several opinions about this topic:
* Smag- long enough to loop around all the rest of the 7 strings.
* Chayei Adam, Kitzur Shulchan Aruch 9:13- 4 gudalin, Beiur Halacha: 2 gudalin, Eliya Rabba (paskening like Rif and Rosh)- long enough to loop around just 1 string (very short).
* The Beiur Halacha concludes that there’s no need to be strict for more than 2 gudalin. And he says if you have no choice, you can rely on the Eliya Rabba. see [http://ph.yhb.org.il/07-08-11/ Peninei Halacha] </ref>
# How long is the shiur of 2 godlin in practical terms? Chazon Ish : 5 cm, Rav Chaim Naeh: 4 cm. Rav Mordechai Eliyahu (comments to Kitzur 9:13) writes that Kedi Anivah is 4 cm.

==Shaot Zmaniot==
# [[Shaot Zmaniot]] are halachic hours which are calculated by dividing the daytime hours into 12. There’s a dispute of how to measure the day; some count the day from Olot HaShachar until [[Tzet HaKochavim]] (Magen Avraham) <ref>Many authorities holds that the halachic hours in the day are considered from Olot including: Sh”t Trumat HaDeshen 1, Levush 267, Minchat Cohen (Mevoh Shemesh 2:6) in name of Tosfot Ramban and Rashba, Bach (431), Taz 433, Pri [[Chadash]] 443, Magen Avraham 58:1, 433:3, Eliyah Raba 58:2, Mizbe’ach Adama 4a, Mikraeh Kodesh 158b, Mateh Yehuda 433, Sh”t Chaim Shal 2:38(70), Tov Ayin 18:38, Sh”t Teshuva MaAhava 1:25, Shalmei Tzibbur 93c, Chesed Alafim 58:5, Chaye Adam 21:3,27:1, Kitzur Shulchan Aruch 17:1, Magen Giborim (Shiltei Hagiborim 58:3), and Rav Poalim O”C 2:2. </ref>, and some count it from [[HaNetz]] until [[Shekiah]] (Gra).<ref>Many authorities hold that the halachic hours of the day are considered to begin from [[HaNetz]] incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok (Noam 9 pg 235), and Orot Chaim 320 against the Yetsiat Mitzmayim (Sefaka Deyoa pg 115)), Siddur Rav Sadyah Goan pg 12, Minchat Cohen Mevoh Hashemesh 2:6 in name of Goanim, Rambam, Rabbenu Yonah, Hagahot Maimon, and Mordechai (Pri [[Chadash]] rejects his proofs), Shiltei Hagiborim on the Mordechai ([[Brachot]] 4:3) (as understood by Magen Avraham 233:3, Shaar Tzion 233:10, and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot [[Yom Tov]] (Pesachim 2:3), and Biur HaGra 459:2.</ref>
## According to Sephardim, regarding Deoritta laws (including [[Kriyat Shema]]) one should be strict for the opinion of the Magen Avraham. <ref> In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam (vol 1, Vaera 3), and Yalkut Yosef (vol 1, pg 98) write that one should be strict for the opinion of the Magen Avraham for Deoritta issues, for example [[Kriyat Shema]]. </ref>
## Among Ashkenazim, some are strict to hold like the Magen Avraham, unless there is an serious need, in which case one may hold like the Gra. <ref>Rabbi Yechiel Michel Tukachinsky in Sefer Eretz Yisrael (pg 18#3) writes that the minhag of [[Israel]] is to follow the magen avraham and only under pressure may one rely on the Gra.</ref>However, some are lenient to rely on the Gra. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 77-79) says that many follow the opinion of the Gra in calculating the time for Sof [[Kriyat Shema]]. </ref>
==Olot HaShachar==
# Many rishonim hold that [[Olot HaShachar]] is 72 minutes before sunrise on a perfect day in Jerusalem which is equivalent to when the sun is 16 degrees below the horizon for everywhere in the world, however, others hold that [[Olot HaShachar]] is 90 minutes on a perfect day which is 19.78 degrees below the horizon. <ref>
* Sefer Zmanim KeHilchatam (Rabbi Berstein, pg 347) writes that 72 minutes on a perfect day in Jerusalem is equal to when the sun is 16 degrees below the horizon and 90 minutes is equal to 19.78 degrees below the horizon. He personally rules that one should be strict for both of these opinions for Deoritta halachas and those derabbanan halachas where safek is lechumra. He tries to prove that this is the opinion of the Mishna Brurah (92:3, Beiur Halacha 163:1 s.v. Berachok). However, he totally rejects the opinion that [[Olot HaShachar]] is 120 minutes before sunrise.
* He also quotes Rabbi Tukachinsky who held like the opinion of 90 minutes.
* [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 65-7) says that we assume that [[Olot HaShachar]] depends on degrees below horizon and the specific times vary according to one’s location. Similarly, [http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 19-21) mentioned in passing that [[Olot HaShachar]] is assumed to be 72 minutes before sunrise, varying according to the longitude and latitude. </ref>

==MeSheyakir==
# There is a wide range of opinions precisely when Misheyakir occurs in Jerusalem on a perfect day, when there is exactly 12 daylight hours and every seasonal hour consists of 60 minutes. The three opinions include: 35 minutes before sunrise,<ref>Rav Moshe Feinstein in Le-Torah ve-Hora'ah Vol. 3:7 and in Iggeros Moshe OC 4:6 holds of 35 minutes. Rav Yaakov Kamenetsky in Emes liyaakov OC 58:1 rules that it is 36 minutes before sunrise. Zmanei Halacha LeMaaseh (pg 19) holds of 40 minutes before sunrise. </ref> 60 minutes before sunrise,<ref>Rav Tukaczinsky in Sefer Eretz Yisrael 1:4 (pg 18), Kaf HaChaim 18:18, Sh"t Binyan Tzion 2:16 hold of 60 minutes before sunrise. Nivreshet (vol 1, pg 43) holds of 52 minutes.</ref> and 66 minutes before sunrise.<ref>Rav Ovadya Yoseh in Yechave Daat 2:8</ref>
# The various opinions would then have to be extrapolated according to the region of the world and time of year.<ref>
* There are two factors at work here: First, the processes of daybreak and nightfall occur faster at places near the equator than places further away from the equator. Second, the speed of these processes are also affected by the seasons.
* A common solution would be to use seasonal minutes. In order to calculate a seasonal hour, one would need to add up all the daytime minutes and then divide by 12 to get the number of minutes that are in each seasonal hour. For instance, if there were 11 hours of daylight, each seasonal hour would consist of 55 minutes. To further complicate matters, there are two ways of counting the daytime minutes: The Magen Avraham counts from dawn until nightfall with the emergence of 3 stars, whereas the Gra counts from sunrise to sunset.
* Another means for calculation, which has only recently been implemented, is to compare the level of brightness by using the relative position of the sun. For instance, it has been determined that 60 minutes before sunrise on a perfect day in Jerusalem the sun is 12.9 degrees below the horizon. Therefore, if one wanted to find the equivalent time anywhere in the world during any season, he would simply determine at what time the sun will be 12.9 degrees below the horizon in that locale on that day and that would be the extrapolated Meshiyakir.</ref> Thus, according to the commonly accepted opinion that Meshiyakir is between 50 and 60 minutes before sunrise in Jerusalem - In New York, depending on the time of the year, it could be anywhere from 56-73 minutes before sunrise.<ref>MyZmanim.com. These figures are determined using MyZmanim’s earliest published position of 11.5 degrees below the horizon. Unfortunately, MyZmanim.com only offers calculations based upon 10.2 degrees, 11 degrees, and 11.5 degrees but not 12.9 degrees. It is unfortunate because 12.9 degrees correlates to Rav Tukaczinsky’s 60 minutes before sunrise which, although is a very lenient position is also well collaborated and accepted.
* [http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 21-23) mentions in passing that [[MeSheYakir]] is about 40 or 50 minutes before sunrise.
* [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 68-70) says that Rav Moshe held [[MeSheYakir]] is between 35-40 minutes before sunrise and seems to agree with him, although he mentions that some say it’s 55 minutes before sunrise.</ref>
==HaNetz HaChama (Sunrise)==
# [[HaNetz HaChama]] is sunrise which, in general, is halachically the same as the astronomical calculation of sunrise.<ref>
* [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunrise is the same as the sunrise calculated by the naval observatory which is when the sun begins to rise.
* [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 72-77) says that sunset should be determined as though the mountains to the east and west are at sea level and do not block the visibility of the sun. However, the elevation of the place one is currently located is taken into consideration and if one is in a valley the sunset is a little later (less than 5 minutes) than what would have been visible. Yet, he adds, that most opinions hold that regarding sunrise both one’s location’s elevation and surrounding mountains are taken into consideration. </ref>
==Chatzot==
# [[Chatzot]] is midday and midnight, always separated by 12 hours.<ref>Mishna Brurah 1:9 writes that [[chatzot]] at night is always 12 hours after [[chatzot]] of day for any place in the world.</ref>
==Mincha Gedola==
# Mincha Gedola is six and a half halachic hours (Shaot Zmaniyot) after sunrise.<ref>Rashi (Pesachim 107a s.v. mincha gedola), Rambam (Tefillah 3:2)</ref>
==Mincha Ketana==
# Mincha Ketana is nine and a half halachic hours (Shaot Zmaniyot) after sunrise.<ref>Rashi (Pesachim 107b s.v. oh), Rambam (Tefillah 3:2)</ref>
==Shekiyah (Sunset)==
# [[Shekiyah]] is sunset which, in general, is halachically the same as the astronomical calculation of sunset. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunset is the same as the sunset calculated by the naval observatory which is when the sun has completely set. </ref>
==Tzet HaKochavim (Emergence of the stars)==
# There's a major dispute when Tzet HaKochavim is: Rabbenu Tam assumes that it's about 72 minutes after [[Shekiyah]] and the Gra assumes that it's three quarters of a [[mil]] after [[Shekiyah]], varying according to one's locations. <ref>Rabbi Hershel Schachter on [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha# yutorah.org (min 43-5)] explains that many practice like the Gra regarding Tzet HaKochavim on [[Motzei Shabbat]]. See Biur HaGra and Mishna Brurah 261. Pri Megadim assumes that according to Rabbenu Tam, 72 minutes is a fixed time, but Mishna Brurah writes that it varies according to one's location.</ref>

==Bein HaShemashot==
# [[Bein HaShemashot]] is the time period between certain daytime and certain nighttime. In many halachot, it is considered a doubt whether it is considered day or night and has many practical ramifications. There is a major dispute how long this period is. <ref>
* '''(1) Gemara [[Shabbat]]''' 34b says [[Bein HaShemashot]] is considered as a doubt whether it is considered daytime or nighttime. When is [[Bein HaShemashot]]? Rabbi Yehuda says that [[Bein HaShemashot]] starts from [[Shekiyah]] and concludes when the entire ball of the sun has set. Rabbi Yose, however, says that [[Bein HaShemashot]] is as short as the blink of an eye, though R. Yose also agrees that there is a doubt (Tosfot 34b s.v. Rabbi Yose). R. Nechemya says that it is from [[Shekiyah]] and lasts the length of time it takes to walk a half [[mil]]. [Note, a mil is 2000 amot (see above).]
* '''Explanation of Rabbi Yehuda's opinion:''' Rabba explains Rabbi Yehuda as saying that [[Bein HaShemashot]] starts from [[Shekiyah]] even though the sky is still red, while Rav Yosef says [[Bein HaShemashot]] starts from when the sun already set. It follows, says the Gemara, that according to Rabba the span of [[Bein HaShemashot]] is 3/4 of a [[mil]] and according to Rav Yosef [[Bein HaShemashot]] is 2/3 of a [[mil]].
* '''Who do we follow, Rabba or Rav Yosef, in explaining Rabbi Yehuda?''' The Rif (15a) writes that since it is unclear whether halacha follows Rav Yosef or Rabba, one should be strict to follow Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Then he says that it seems halacha should follow Rabba because halacha always follows Rabba with three exceptions and this isn't one of them. Similarly, Rambam ([[Shabbat]] 5:4) rules like Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Rabbenu Yonah (quoted by Rosh [[Shabbat]] 2:23) argues that since they're not arguing about which logic is correct but about what Rav Yehuda said the halacha follows both Rabba and Rav Yosef, whichever way will be a stringency. Therefore, in context of [[accepting Shabbat]], Rama 261:1 rules like Rabba that [[Bein HaShemashot]] is 3/4 of a [[mil]].
* '''Explanation of Rabbi Yose's opinion:''' Shmuel ([[Shabbat]] 35a) says that Rav Yose’s concept of [[Bein HaShemashot]] takes place after the [[Bein HaShemashot]] already finished. Tosfot ([[Shabbat]] 34b s.v. Rabbi Yose) explains that even according to Rabbi Yose there’s a window of time when there is an uncertainty whether it is day or night but it isn’t as long as it is for Rabbi Yehuda. Rosh (Shabbat 2:23) discusses whether Rabbi Yose's [[Bein HaShemashot]] begins immediately after Rabbi Yehuda's or a while afterwards and doesn't come to a clear conclusion. Rashi to 35a s.v. Bein HaShemashot DeRabbi Yose seems to hold that it is right after R. Yehuda's period.
* '''Who does the halacha follow? Rabbi Yehuda or Rabbi Yose''' The Briatta ([[Shabbat]] 34b) says that in regards to practical ramifications [[Bein HaShemashot]] is always considered day as a stringency and night as a stringency. Rif ([[Shabbat]] 14b) and Rambam ([[Shabbat]] 5:4) codify this Briatta. Shulchan Aruch 261:1 rules that during [[Bein HaShemashot]] one may not do anything one may not do on [[Shabbat]] with some exceptions (see there). Therefore, Rabbi Yochanan ([[Shabbat]] 35a) says that we follow Rabbi Yehuda regarding [[Shabbat]] as a stringency and Rabbi Yose regarding Trumah as a stringency. Rif (15a) and Rosh 2:23 codify Rabbi Yochanan as halacha.
* '''(2) Gemara Pesachim''' 94a records Rabbi Yochanan's statement that an average person can walk 30 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and 5 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]] (according to Rashi s.v. Ovav). The Gemara challenges this and explains really an average person can walk 32 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and only 4 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]].
* '''The opinion of Rabbenu Tam:''' Tosfot (Pesachim 94a s.v. Rabbi Yehuda and [[Shabbat]] 35a s.v. Trei) is bothered how the Gemara [[Shabbat]] seems to say that from [[Shekiyah]] until [[Tzet HaKochavim]] a person can walk 3/4 of a [[mil]] (according to the Rabba) and the Gemara Pesachim says a person can walk 4 [[mil]]. Rabbenu Tam answers that the Gemara [[Shabbat]] was referring to the end of the [[Shekiyah]] and from then until [[Tzet HaKochavim]] is 3/4 of a [[mil]], while the Gemara Pesachim is discussing the beginning of [[Shekiyah]] which takes 4 [[mil]] until [[Tzet HaKochavim]]. Ramban (cited by [[Maggid]] Mishna), [[Maggid]] Mishna ([[Shabbat]] 5:4), and Ran ([[Shabbat]] 15a) agree. The Ran ([[Shabbat]] 15a) explains that according to Rabbenu Tam there's two Shekiyot. After the first it is still considered daytime until 3.25 [[mil]] after the beginning of the [[Shekiyah]]. [[Bein HaShemashot]], which is uncertain day or night, spans 3/4 of a [[mil]] and begins from the beginning of the second [[Shekiyah]]. See Beiur Halacha 261 s.v. Metechila who explains that the first [[Shekiyah]] is when the sun sets from our vision, and the second [[Shekiyah]] is when the light from the sun leaves the sky.
* '''Does halacha follow Rabbenu Tam?''' The Shulchan Aruch 261:2 rules in accordance with Rabbenu Tam and states that from the beginning of the [[Shekiyah]] until [[Bein HaShemashot]] there's 3.25 [[mil]] and then [[Bein HaShemashot]] itself is .75 of a [[mil]], which is equivalent to the time it takes to walk 1500 [[amot]]. Beiur Halacha 261 s.v. Metechila writes that for sure one should be strict for the Gra not to do any melacha after sunset.
* '''(3) Shmuel's opinion:''' Then, Shmuel ([[Shabbat]] 35b) says that [[Bein HaShemashot]] is as long as two stars are seen in the sky, but if there’s only one star, it’s day, and if it’s three, then it’s night. The Gemara then clarifies that the stars which were discussed are medium size stars. Similarly, the Yerushalmi ([[Brachot]], cited by Ran 15a) says that [[Shabbat]] concludes when three stars can be seen in one area and not spread out. The Rambam ([[Shabbat]] 5:4) rules like Shmuel that when three medium size stars are seen it is certain nighttime. The Kesef Mishna ([[Shabbat]] 5:4) is bothered why the Rambam said that [[Bein HaShemashot]] begins from [[Shekiyah]] and ends when three stars are seen, choosing the opinion of Rabba for the beginning of [[Bein HaShemashot]] and Shmuel for the end of [[Bein HaShemashot]]. He answers that really Rabba and Shmuel agree and just describe it differently. This may also be the intent of the Rif (15a) and Rosh 2:23 who say that halacha follows Rabba as a stringency and also quote Shmuel without anyone arguing. See Or Letzion Vol. 1 YD 1:10 who offers a novel interpretation of the opinion of the Rambam that he holds like Rabbi Yose (see there for the halachic implications). See also Beur Halacha 416 who paskens like Rabbi Yose MeIkar HaDin, as well, and Chazon Ovadia Shabbat Vol. 1 pp. 264. </ref>
# The Gemara rules that if one does a Melacha on [[Shabbos]] for the duration of Bein Hashemashos on Friday evening and Saturday evening, one has certainly violated [[Shabbos]], and must bring a sin-offering <ref> [[Shabbos]] 35b, Rambam (Hilchot [[Shabbos]] 5:4). This is because if one treats [[Bein Hashemashot]] as day, one broke [[Shabbos]] on Saturday evening. If one treats [[Bein Hashemashot]] as night, one violated [[Shabbos]] on Friday evening. </ref>
# Therefore, one can do no Melacha during [[Bein Hashemashot]] <ref> Mishnah [[Shabbos]] 34b </ref>.

==Links==
* [http://www.yutorah.org/lectures/lecture.cfm/763395/Rabbi_Michael_Taubes/_Parshas_Eikev_How_Big_is_a_Kezayis_ How Big is a Kezayis] by Rabbi Michael Taubes
==Sources==
<references/>
[[Category:Brachot]]

Tisha BeAv

2014-08-06T17:30:55Z

Sbasalely:

[[Image:Destruction_temple.jpg|200px|right]]
The fast of Tisha B’av is to commemorate five tragedies which occurred to the Jewish nation: 1. The Jews of the desert were told that they would not enter Eretz Yisrael following the sin of the spies. 2 The first Bet HaMikdash was destroyed. 3. The second Bet HaMikdash was destroyed. 4. Beitar, a city filled with over 10,000 Jews was captured and destroyed by the Romans during the Bar Kochva rebellion. 5. Turnus Rufus plowed the area of the heichal. <ref> Mishna Taanit 26b, Rambam Hilchot Taaniyot 5:3, Chayei Adam 133:5, Kitzur Shulchan Aruch 121:5, Mishna Brurah 549:2 </ref> This article is specifically about the fast of the ninth of Av. To learn about any of the other fast days [[Fast Days|click here]].
==Fasting==
# It is forbidden for all men of bar mitzvah age and women of bat mitzvah age to partake in eating or drinking on the Tisha BeAv. The fast begins at shkiat hachamah of the 8th of Av and ends at Tzet Hakochavim of the 9th of Av. <ref>Halachot and History of The [[Three Weeks]], The Akkad Edition, Congregation Shaare Rahamim Halachot Series, Mishna Brurah 554:1, Yalkut Yosef Moadim page 577. </ref>
# It is not necessary to wait until the tzet hakochavim according to Rabbeinu Tam to begin eating. <ref> Yalkut Yosef Moadim page 586 </ref>
===Brushing Teeth===
# One should refrain from brushing his teeth on Tisha B'av, unless not doing so causes tremendous distress. <ref> Sh"t Minchat Yitzchak 4:109, Mikraei Kodesh by Rabbi Moshe Harari 4:4, Mishna Brura 567:11 </ref>
# It is forbidden for one to rinse out his/her mouth on Tisha BeAv; although, if one must they may rinse out their mouth with less than a [[Reviit]] of water. <ref> Halachot and History of The [[Three Weeks]], The Akkad Edition, Congregation Shaare Rahamim Halachot Series. see also Rav Shimon Eider’s Halachos of the Three Weeks pg. 19 where he suggests in the name of Rav Moshe Feinstein that on Tisha B'Av washing out one’s mouth may be prohibited because of rechitza. </ref>

==People who are permitted to eat==
# Some poskim say that if one is exempt from fasting on Tisha B'av, he need not eat in increments. <ref> Sh”t Maharam Shick 289 says that just like on [[Yom Kippur]] we say that if it will not increase the danger by eating in small increments (S”A 618:7), the same applies to Tisha B’av. However, Rav Shlomo Zalman Auerbach (Nishmat Avraham 4 554:1), [[Shevet Halevi]] 4:46, and Tzitz Eliezer 10:25:16 disagree and say this isn’t necessary for Tisha B’av. </ref> However, one should not overindulge. <ref> S:A 554:5, Haghot Maimaniot Hilchot Taaniyot 1:8 </ref>
# A pregnant or nursing woman must fast on Tisha BeAv.<ref>S"A 554:5</ref>If the woman has a sickness which is Choleh Shein Bo Sakana, she doesn't have to fast. Yet, in these situations it's better to ask an Orthodox Rabbi to assess the situation.<ref> Yalkut Yosef 554 (HaChayvim VeHitanot #1)</ref>

==Seuda Hamafseket==
# Some have the practice to declare "“This is the Tisha B'Av meal” when they eat the seuda hamafseket. <ref> The Mishna Berura 552:16 suggests doing so based upon the practice of Rav in the Yerushalmi in Taanit 4:6 </ref>
# If one said explicitly that he will not be eating after the seuda hamefseket, he cannot continue eating even if it is before sunset. However, if he only had that in mind but didn't say it, he may continue eating. <ref> Yalkut Yosef Moadim page 577, Shulchan Aruch 553:1. </ref> Since some poskim disagree, some suggest that one say explicitly that he will continue eating. <ref> Mishna Brura 553:2 writes that the Bach and Gra hold that a mental acceptance is enough and he therefore recommends stating explicitly that one intends to eat or drink until sunset. </ref>
# Three men should not eat together in order to avoid being obligated in a zimun. <ref> Shulchan Aruch 552:8, Haghot Maimaniyot Hilchot Taaniyot 5:7:30 </ref> If they do sit together they should still not recite the zimmun. <ref> Mishna Brura 552:19 </ref>

==Learning on Erev Tisha BeAv==
# Some Ashkenazim have the minhag not to learn after mid-day on Erev Tisha BeAv (except for the things which one can learn on Tisha BeAv itself), while others allow learning all day. <Ref>Rama 553:2 records the custom to stop learning torah at midday of erev tisha b'av. Magen Avraham 553:7 agrees. However, Mishna Brura 553:8 and Aruch Hashulchan 553:4 challenge this custom </ref> For Sephardim, it is permissible to learn the entire day of Erev Tisha BeAv. <Ref> Chazon Ovadyah (Arba Taniyot pg 248) </ref>

==What one may learn on Tisha BeAv==
# One should not learn Torah on Tisha BeAv whether it’s Tanach, Midrash, Mishna, Gemara, Halacha, or Aggadata because Torah brings happiness to a person. <Ref>S”A 554:1-2 based on the pasuk in tehillim 19:9 פִּקּוּדֵי ה יְשָׁרִים, מְשַׂמְּחֵי-לֵב</ref> This applies to women as well. <ref> Sh"t Rivivot Ephraim 2:155:14 </ref>
# Nevertheless, the obligation to set some time in the day for learning torah still exists. <ref> Yalkut Yosef Moadim page 580 </ref> It is permissible to read Iyov, an explanation of Iyov, the sad parts of Yirmiyahu (prophesy about destruction and rebuke but not consolation or about destruction of the other nations), Midrash Eicha, an explanation of Eicha, the Gemara in the third perek of Moed Katan (which deals with the laws of [[mourning]], excluding the happy parts), <Ref>S”A 554:1-2, Mishna Brurah 554:2 </ref> the Gemara in Gittin and Sanhedrin which deal with the destruction of the Bet HaMikdash. <Ref>Mishna Brurah 554:3 </ref>
# When learning the laws of [[mourning]] one may not go into the depth of halacha (with questions and answers). <Ref>Mishna Brurah 554:4. On the other hand, Aruch Hashulchan 554:4 permits going into it deeply. </ref>
# Even in the areas one is permitted to learn one should not learn in a deep analytical way. <Ref> Mishna Brurah 554:4 </ref>
# One may not even think of how to answer a serious difficulty in learning because one will feel satisfied when the matter is settled. <Ref>Mishna Brurah 554:4 </ref>
# It is permitted to pray the normal [[prayers]] even though it contains torah such as az yashir, eizehu mikoman, the [[korbanot]] etc. <ref> Sh"t Yabia Omer YD 4:32 </ref>

==Washing and Bathing==
# It is forbidden to wash or bathe oneself in cold or hot water. Even sticking one's finger in water is forbidden.<ref>S"A 544:7</ref>
# One should not go to the Mikveh on Tisha BeAv. <ref>S"A 544:8</ref>
# If one's hands got dirty one may clean the dirty area. <ref>S"A 544:9</ref>

==Wearing Leather==
# It is prohibited to wear leather shoes on Tisha B'av. <ref> S"A 554:1 and 554:16, Yalkut Yosef Moadim page 577. Kitzur S"A 124:11, Aruch Hashulchan 554:16, Mishna Brurah 554:30 say that although shoes made of other materials cover and protect the feet, they are not called a "minal" and therefore aren't part of the prohibition. </ref>
# Even those who are more lenient on [[Yom Kippur]] and wear comfortable non leather shoes, should be more stringent on Tisha B’Av as we try to minimize comforts on Tisha B’Av as much as possible. <ref> Halichot Shlomo (ch. 15 no. 5) quoting the Shaare Teshuva 554:11 </ref>
# Some poskim permit wearing crocs, while others prohibit them. <ref> [http://www.ravaviner.com/2009/07/crocs-on-tisha-be-av.html Rav shlomo aviner] says that since crocs are comfortable shoes even though they aren’t leather some, it is better not to wear them, but whoever does has on who to rely. http://matzav.com/rav-elyashiv-crocs-not-permitted-footwear-on-tisha-bav quotes that this is the ruling of Rav Moshe Shternbuch, Rav Nissim Karelitz as well. However, it also quotes Rav Elyashiv that it Is prohibited to wear them. </ref>
==Anointing==
# It is prohibited to anoint oneself for pleasure on Tisha B'av. <ref> Shulchan Aruch 554:15 </ref>
# Although it is forbidden to anoint oneself on Tisha B'av, one may use deodorant. <ref> [http://www.torahmusings.com/2011/08/deodorant-on-tisha-bav/ Rabbi Gil Student] based on Biur Halachah 554:15 sv. sicha </ref>

==Marital Relations==
# It is prohibited to have marital relations on Tisha B'av. <ref> S"A 554.1, Yalkut Yosef Moadim page 577. </ref>
# Some poskim say that a husband and wife should be careful not to touch each other. <ref> Mishna Brurah 554:37 raises this possibility but allows for one to be lenient at least during the day, Aruch Hashulchan 554:17 and Taz 615:16 say that one need not be stringent in this at all. Kitzur S"A 124:12 forbids physical contact both in the day and at night. Halichot Olam 2: page 153 permits handing items to your wife as long as she isn't a nidda as well as any of the other harchakot for a nidda as long as your wife isn't actually a nidda and even permits touching your wife. </ref>

==Prayer==
# Although leather is not worn, some have the custom to say the beracha in birkot hashachar of "sheasa li ko tzorki." <ref> Mishna Brurah 554:31, Chazon Ovadyah (Yamim Noraim pg 320), [http://www.dailyhalacha.com/displayRead.asp?readID=951 Rabbi Eli Mansour] </ref> Some say to omit it. <ref> Halachot and History of The [[Three Weeks]], The Akkad Edition, Congregation Shaare Rahamim Halachot Series page 62; Ben Ish Hai Vayeshev: 9; Kaf Hachaim 46:17 </ref>
# [[Tachanun]] is not recited on Tisha B'av. <ref> S"A 559:4 since Tisha B'Av is considered like a moed. Mishna Brurah 559:17 points out that this is based on the pasuk in Lamentations 1:15 קָרָא עָלַי מוֹעֵד </ref>
===Eicha===
# The custom is to read the megilla of Eicha, Lamentations, on Tisha B'av. <ref> S"A 559:2, Masechet Sofrim 18:5, and Eicha Rabbah Parsha 3. Mishna Brurah 559:2 notes that although the prevalent tradition is read to Eicha at night, it is preferable to read Eicha privately during the daytime as well. </ref> # Women are required to read the megilla of eicha as well. <ref> Teshuvot Vihanhagot 2:250 says that since women are obligated in all other halachot of [[mourning]] on tisha b'av, they are also obligated halachos of aveilus of Tisha B'Av, they are also required to hear Eicha. He says that if they cannot make it to shul, they made read it on the floor in their own homes. </ref>
===Aneinu===
# According to Sephardim, one recites aneinu at night on tisha b’av. <ref> Yalkut Yosef Moadim page 536, [http://www.dailyhalacha.com/displayRead.asp?readID=2732 Rabbi Eli Mansour] </ref>
===Nachem===
# On Tisha B’Av, we add in the Shemoneh Esreh a prayer for the rebuilding of Jerusalem, which begins with the word nachem. Some have the custom to insert the beracha of nachem into the beracha of tishkon bitoch yerushalayim only during mincha. <ref> [http://www.dailyhalacha.com/displayRead.asp?readID=2732 Rabbi Eli Mansour] </ref>
# If one forgot to recite nachem during the amida and only remembered after finishing, he should not go back and recite the amida again. <ref> [http://www.dailyhalacha.com/displayRead.asp?readID=2732 Rabbi Eli Mansour] </ref>
===Tefillin===
# Some have the minhag not to put on [[Tefillin]] for [[Shacharit]] of Tisha BeAv and only put it on for [[Mincha]] <ref>S"A 551:1. 
* Interestingly, Maharam quoted by the Tur OC 555 and Rabbenu Yerucham quoted by the Beit Yosef 555 hold that it is forbidden to wear tefillin on Tisha B'av because mourning the loss of the beit hamikdash is greater than the usual first day of mourning over a deceased.
* However, the Rosh quoted by the Tur holds that one must wear tefillin because mourning for the beit hamikdash is not as stringent as the first day of mourning. </ref>
# One who normally wears [[tefillin]] of rabbeinu tam in addition to Rashi, must do so on Tisha B'av as well <ref> Sh"t Yechave Daat 2:16 and 6:2, Halichot Olam 2: page 158 </ref>

===Mincha===
# Tefillin are worn during mincha on Tisha B'av. <ref> Shulchan Aruch 555:1 </ref>
# There is a discussion if one should recite keriat shema during mincha with tefillin. <ref> Mishna Brura 555:5 says that one should not. However, Rabbi Soloveitchik (Quoted by Rabbi Menachem Genack in Gan Shoshanim Chelek 1, 1:3) thought one should. </ref>
==Sitting on the Floor==
# Though normally one should refrain from sitting in a normal chair on Tisha B'av until midday, one who is driving may sit normally in the seat. <ref> Mikraei Kodesh by Rabbi Moshe Harari 7:48 </ref>

==Saying Hello==
# As part of the mourning of Tisha B'av, one should refrain from greeting others on Tisha B'av. <ref> Shulchan Aruch 554:20. see also [http://hirhurim.blogspot.co.il/2008/08/greeting-people-on-tisha-bav.html Rabbi Ari Enkin] </ref> If someone else says hello to you, you may respond, but should do so with a lower voice and your head bent downward.<ref> Mikraei Kodesh by Rabbi Moshe Harari 7:40 </ref>
==Smoking==
# One should not smoke on Tisha b'av. However, if someone really needs to and it will cause them great pain if they don't then they may smoke at home in private, but shouldn't do so in public. <ref> Sh"t Yabia Omer 1:31, Yechave Daat 5:39 </ref>

==Mourning practices on the tenth of Av==
#Some of the [[mourning]] for the beit hamikdash extends beyond tisha b'av until the tenth of av because although the fires started burning on tisha b'av, most of the burning actually took place on the tenth <ref> gemara Taanit 29a, Shulchan Aruch OC 558:1 </ref>
# According to Ashkenazim one may not eat meat, launder clothing, bathe, take haircuts until mid-day of the tenth of Av. <ref> Rama 558:1, Mishna Brurah 558:3 based on Shu"t Maharshal 92. Under extenuating circumstances, Shemirat [[Shabbat]] Kihilchata 42:16 and Piskei Teshuvot 558:2 allow one to do laundry immediately after the first. Additionally, Sh"t Teshuvot Vihanhagot 2:260 allows one to shower if necessary right after tisha b'av </ref> According to Sephardim one may not eat meat or drink wine until sunset of the tenth of Av <ref>S"A 558:1, Kaf HaChaim 558:10, Shaare Teshuva 558:2. </ref> It is permitted though to shower, do laundry, or take haircuts. <ref> Halachot and History of The [[Three Weeks]], The Akkad Edition, Congregation Shaare Rahamim Halachot Series page 66, Sh"t Yechave Daat 5:41. However, it is important to note that the Kaf HaChaim 558:6 quotes the stringent opinion without arguing. This opinion is cited by HaRav Mordechai Eliyahu in Hilchot Chagim 29:3. See also [http://ph.yhb.org.il/05-10-19/ Peninei Halakha] especially footnote 1 who makes the same observation that even among Sephardic poskim there are many different opinions. </ref>
# If Tisha b'av falls out on [[shabbat]] and is pushed to Sunday everything is permitted right after the fast except for eating meat and drinking wine <ref> Rama OC 558:1. Mishna Brurah 558:3 and Kaf Hachaim OC 558:7 add that some refrain from marital relations on that night unless it is the night of tevila </ref>

==When Tisha BeAv falls out on Sunday==
# If Tisha BeAv falls out on Sunday, one doesn't say Tzidkatcha at [[mincha]] of [[Shabbat]].<ref>Yalkut Yosef 556:3</ref>
# If Tisha BeAv falls out on Sunday, one may learn Torah on [[Shabbat]] after [[Chatzot]] but it's preferable to learn the halachot of Tisha BeAv.<ref>Yalkut Yosef 556:2</ref>
# If Tisha BeAv falls out on [[Shabbat]] and is pushed off to Sunday, the bracha of Boreh Meorei HaEsh upon a fire is made on [[Motzei Shabbat]] before the reading of Eicha, however, the bracha of [[Havdalah]] on a cup of wine is delayed until after Tisha BeAv, Sunday night. <ref>S"A 556:1. Mishna Brurah 556:3 adds that an adult can drink this wine. </ref> An adult who is exempt from fasting should recite [[Havdalah]] on [[Motzei Shabbat]] before eating.<ref>[http://www.dailyhalacha.com/displayRead.asp?readID=2361 Rabbi Mansour on Dailyhalacha.com] quoting Yechave Daat 3:40, Birkei Yosef OC 556:2. Shemirat [[Shabbat]] Kehilchata 62:45 writes that Birkei Yosef's ruling only applies to adults who are too ill to fast but a child should not recite [[havdala]] himself then, but should wait until after tisha b'av. </ref>
# Even if one forgot to recite [[havdala]] in the shemoneh esrei, he doesn't repeat it but rather recites the words baruch hamavdil bein kodesh lichol. <ref> Mishna Brurah 556:2 </ref>
# Although seudat shlishit is the seudat hamafseket before the fast, one should eat a regular meal. <ref> S"A 552:10 based on taanit 29b that says one may make a meal as extravagant as he pleases on the [[shabbat]] of the eighth or ninth of av. Mishna Brurah 552:23 adds though that although we cannot publicly display [[mourning]] on [[Shabbat]] one's mood should at least somewhat reflect the time. </ref> The meal must be finished before sunset. <ref> Rama 552:10 </ref>
# One may leave on one's leather shoes until right after [[Barchu]] at the beginning of [[Arvit]] of [[Motzei Shabbat]]. If one is taking off one's shoes after [[Barchu]] one should take them off with one's feet or by only touching the shoelaces so that one doesn't have to wash [[Netilat Yadayim]]. It's proper to have [[Arvit]] of [[Motzei Shabbat]] 30 minutes after sunset giving people time to change from their [[Shabbat]] clothing which they should do 20 minutes after sunset.<ref>Yalkut Yosef 556:4-5</ref>
==Links==
* [http://www.yutorah.org/lectures/lecture.cfm/736370/Rabbi_Aryeh_Lebowitz/Hilchos_Tisha_b'Av_(Shoes,_Washing,_Tashmish,_Eating_etc) Hilchos Tisha b'Av (Shoes, Washing, Tashmish, Eating etc)] by Rabbi Aryeh Lebowitz
*[http://www.yutorah.org/lectures/lecture.cfm/722652/Rabbi_Mordechai_I_Willig/Hilchos_Tisha_B'av Hilchos Tisha B'av] by Rabbi Mordechai Willig
==Sources==
<references/>

[[Category:Fasting]]
[[Category:Holidays]]

Tisha BeAv

2014-08-06T17:28:02Z

Sbasalely: Added Peninei Halakha on Tenth of Av

[[Image:Destruction_temple.jpg|200px|right]]
The fast of Tisha B’av is to commemorate five tragedies which occurred to the Jewish nation: 1. The Jews of the desert were told that they would not enter Eretz Yisrael following the sin of the spies. 2 The first Bet HaMikdash was destroyed. 3. The second Bet HaMikdash was destroyed. 4. Beitar, a city filled with over 10,000 Jews was captured and destroyed by the Romans during the Bar Kochva rebellion. 5. Turnus Rufus plowed the area of the heichal. <ref> Mishna Taanit 26b, Rambam Hilchot Taaniyot 5:3, Chayei Adam 133:5, Kitzur Shulchan Aruch 121:5, Mishna Brurah 549:2 </ref> This article is specifically about the fast of the ninth of Av. To learn about any of the other fast days [[Fast Days|click here]].
==Fasting==
# It is forbidden for all men of bar mitzvah age and women of bat mitzvah age to partake in eating or drinking on the Tisha BeAv. The fast begins at shkiat hachamah of the 8th of Av and ends at Tzet Hakochavim of the 9th of Av. <ref>Halachot and History of The [[Three Weeks]], The Akkad Edition, Congregation Shaare Rahamim Halachot Series, Mishna Brurah 554:1, Yalkut Yosef Moadim page 577. </ref>
# It is not necessary to wait until the tzet hakochavim according to Rabbeinu Tam to begin eating. <ref> Yalkut Yosef Moadim page 586 </ref>
===Brushing Teeth===
# One should refrain from brushing his teeth on Tisha B'av, unless not doing so causes tremendous distress. <ref> Sh"t Minchat Yitzchak 4:109, Mikraei Kodesh by Rabbi Moshe Harari 4:4, Mishna Brura 567:11 </ref>
# It is forbidden for one to rinse out his/her mouth on Tisha BeAv; although, if one must they may rinse out their mouth with less than a [[Reviit]] of water. <ref> Halachot and History of The [[Three Weeks]], The Akkad Edition, Congregation Shaare Rahamim Halachot Series. see also Rav Shimon Eider’s Halachos of the Three Weeks pg. 19 where he suggests in the name of Rav Moshe Feinstein that on Tisha B'Av washing out one’s mouth may be prohibited because of rechitza. </ref>

==People who are permitted to eat==
# Some poskim say that if one is exempt from fasting on Tisha B'av, he need not eat in increments. <ref> Sh”t Maharam Shick 289 says that just like on [[Yom Kippur]] we say that if it will not increase the danger by eating in small increments (S”A 618:7), the same applies to Tisha B’av. However, Rav Shlomo Zalman Auerbach (Nishmat Avraham 4 554:1), [[Shevet Halevi]] 4:46, and Tzitz Eliezer 10:25:16 disagree and say this isn’t necessary for Tisha B’av. </ref> However, one should not overindulge. <ref> S:A 554:5, Haghot Maimaniot Hilchot Taaniyot 1:8 </ref>
# A pregnant or nursing woman must fast on Tisha BeAv.<ref>S"A 554:5</ref>If the woman has a sickness which is Choleh Shein Bo Sakana, she doesn't have to fast. Yet, in these situations it's better to ask an Orthodox Rabbi to assess the situation.<ref> Yalkut Yosef 554 (HaChayvim VeHitanot #1)</ref>

==Seuda Hamafseket==
# Some have the practice to declare "“This is the Tisha B'Av meal” when they eat the seuda hamafseket. <ref> The Mishna Berura 552:16 suggests doing so based upon the practice of Rav in the Yerushalmi in Taanit 4:6 </ref>
# If one said explicitly that he will not be eating after the seuda hamefseket, he cannot continue eating even if it is before sunset. However, if he only had that in mind but didn't say it, he may continue eating. <ref> Yalkut Yosef Moadim page 577, Shulchan Aruch 553:1. </ref> Since some poskim disagree, some suggest that one say explicitly that he will continue eating. <ref> Mishna Brura 553:2 writes that the Bach and Gra hold that a mental acceptance is enough and he therefore recommends stating explicitly that one intends to eat or drink until sunset. </ref>
# Three men should not eat together in order to avoid being obligated in a zimun. <ref> Shulchan Aruch 552:8, Haghot Maimaniyot Hilchot Taaniyot 5:7:30 </ref> If they do sit together they should still not recite the zimmun. <ref> Mishna Brura 552:19 </ref>

==Learning on Erev Tisha BeAv==
# Some Ashkenazim have the minhag not to learn after mid-day on Erev Tisha BeAv (except for the things which one can learn on Tisha BeAv itself), while others allow learning all day. <Ref>Rama 553:2 records the custom to stop learning torah at midday of erev tisha b'av. Magen Avraham 553:7 agrees. However, Mishna Brura 553:8 and Aruch Hashulchan 553:4 challenge this custom </ref> For Sephardim, it is permissible to learn the entire day of Erev Tisha BeAv. <Ref> Chazon Ovadyah (Arba Taniyot pg 248) </ref>

==What one may learn on Tisha BeAv==
# One should not learn Torah on Tisha BeAv whether it’s Tanach, Midrash, Mishna, Gemara, Halacha, or Aggadata because Torah brings happiness to a person. <Ref>S”A 554:1-2 based on the pasuk in tehillim 19:9 פִּקּוּדֵי ה יְשָׁרִים, מְשַׂמְּחֵי-לֵב</ref> This applies to women as well. <ref> Sh"t Rivivot Ephraim 2:155:14 </ref>
# Nevertheless, the obligation to set some time in the day for learning torah still exists. <ref> Yalkut Yosef Moadim page 580 </ref> It is permissible to read Iyov, an explanation of Iyov, the sad parts of Yirmiyahu (prophesy about destruction and rebuke but not consolation or about destruction of the other nations), Midrash Eicha, an explanation of Eicha, the Gemara in the third perek of Moed Katan (which deals with the laws of [[mourning]], excluding the happy parts), <Ref>S”A 554:1-2, Mishna Brurah 554:2 </ref> the Gemara in Gittin and Sanhedrin which deal with the destruction of the Bet HaMikdash. <Ref>Mishna Brurah 554:3 </ref>
# When learning the laws of [[mourning]] one may not go into the depth of halacha (with questions and answers). <Ref>Mishna Brurah 554:4. On the other hand, Aruch Hashulchan 554:4 permits going into it deeply. </ref>
# Even in the areas one is permitted to learn one should not learn in a deep analytical way. <Ref> Mishna Brurah 554:4 </ref>
# One may not even think of how to answer a serious difficulty in learning because one will feel satisfied when the matter is settled. <Ref>Mishna Brurah 554:4 </ref>
# It is permitted to pray the normal [[prayers]] even though it contains torah such as az yashir, eizehu mikoman, the [[korbanot]] etc. <ref> Sh"t Yabia Omer YD 4:32 </ref>

==Washing and Bathing==
# It is forbidden to wash or bathe oneself in cold or hot water. Even sticking one's finger in water is forbidden.<ref>S"A 544:7</ref>
# One should not go to the Mikveh on Tisha BeAv. <ref>S"A 544:8</ref>
# If one's hands got dirty one may clean the dirty area. <ref>S"A 544:9</ref>

==Wearing Leather==
# It is prohibited to wear leather shoes on Tisha B'av. <ref> S"A 554:1 and 554:16, Yalkut Yosef Moadim page 577. Kitzur S"A 124:11, Aruch Hashulchan 554:16, Mishna Brurah 554:30 say that although shoes made of other materials cover and protect the feet, they are not called a "minal" and therefore aren't part of the prohibition. </ref>
# Even those who are more lenient on [[Yom Kippur]] and wear comfortable non leather shoes, should be more stringent on Tisha B’Av as we try to minimize comforts on Tisha B’Av as much as possible. <ref> Halichot Shlomo (ch. 15 no. 5) quoting the Shaare Teshuva 554:11 </ref>
# Some poskim permit wearing crocs, while others prohibit them. <ref> [http://www.ravaviner.com/2009/07/crocs-on-tisha-be-av.html Rav shlomo aviner] says that since crocs are comfortable shoes even though they aren’t leather some, it is better not to wear them, but whoever does has on who to rely. http://matzav.com/rav-elyashiv-crocs-not-permitted-footwear-on-tisha-bav quotes that this is the ruling of Rav Moshe Shternbuch, Rav Nissim Karelitz as well. However, it also quotes Rav Elyashiv that it Is prohibited to wear them. </ref>
==Anointing==
# It is prohibited to anoint oneself for pleasure on Tisha B'av. <ref> Shulchan Aruch 554:15 </ref>
# Although it is forbidden to anoint oneself on Tisha B'av, one may use deodorant. <ref> [http://www.torahmusings.com/2011/08/deodorant-on-tisha-bav/ Rabbi Gil Student] based on Biur Halachah 554:15 sv. sicha </ref>

==Marital Relations==
# It is prohibited to have marital relations on Tisha B'av. <ref> S"A 554.1, Yalkut Yosef Moadim page 577. </ref>
# Some poskim say that a husband and wife should be careful not to touch each other. <ref> Mishna Brurah 554:37 raises this possibility but allows for one to be lenient at least during the day, Aruch Hashulchan 554:17 and Taz 615:16 say that one need not be stringent in this at all. Kitzur S"A 124:12 forbids physical contact both in the day and at night. Halichot Olam 2: page 153 permits handing items to your wife as long as she isn't a nidda as well as any of the other harchakot for a nidda as long as your wife isn't actually a nidda and even permits touching your wife. </ref>

==Prayer==
# Although leather is not worn, some have the custom to say the beracha in birkot hashachar of "sheasa li ko tzorki." <ref> Mishna Brurah 554:31, Chazon Ovadyah (Yamim Noraim pg 320), [http://www.dailyhalacha.com/displayRead.asp?readID=951 Rabbi Eli Mansour] </ref> Some say to omit it. <ref> Halachot and History of The [[Three Weeks]], The Akkad Edition, Congregation Shaare Rahamim Halachot Series page 62; Ben Ish Hai Vayeshev: 9; Kaf Hachaim 46:17 </ref>
# [[Tachanun]] is not recited on Tisha B'av. <ref> S"A 559:4 since Tisha B'Av is considered like a moed. Mishna Brurah 559:17 points out that this is based on the pasuk in Lamentations 1:15 קָרָא עָלַי מוֹעֵד </ref>
===Eicha===
# The custom is to read the megilla of Eicha, Lamentations, on Tisha B'av. <ref> S"A 559:2, Masechet Sofrim 18:5, and Eicha Rabbah Parsha 3. Mishna Brurah 559:2 notes that although the prevalent tradition is read to Eicha at night, it is preferable to read Eicha privately during the daytime as well. </ref> # Women are required to read the megilla of eicha as well. <ref> Teshuvot Vihanhagot 2:250 says that since women are obligated in all other halachot of [[mourning]] on tisha b'av, they are also obligated halachos of aveilus of Tisha B'Av, they are also required to hear Eicha. He says that if they cannot make it to shul, they made read it on the floor in their own homes. </ref>
===Aneinu===
# According to Sephardim, one recites aneinu at night on tisha b’av. <ref> Yalkut Yosef Moadim page 536, [http://www.dailyhalacha.com/displayRead.asp?readID=2732 Rabbi Eli Mansour] </ref>
===Nachem===
# On Tisha B’Av, we add in the Shemoneh Esreh a prayer for the rebuilding of Jerusalem, which begins with the word nachem. Some have the custom to insert the beracha of nachem into the beracha of tishkon bitoch yerushalayim only during mincha. <ref> [http://www.dailyhalacha.com/displayRead.asp?readID=2732 Rabbi Eli Mansour] </ref>
# If one forgot to recite nachem during the amida and only remembered after finishing, he should not go back and recite the amida again. <ref> [http://www.dailyhalacha.com/displayRead.asp?readID=2732 Rabbi Eli Mansour] </ref>
===Tefillin===
# Some have the minhag not to put on [[Tefillin]] for [[Shacharit]] of Tisha BeAv and only put it on for [[Mincha]] <ref>S"A 551:1. 
* Interestingly, Maharam quoted by the Tur OC 555 and Rabbenu Yerucham quoted by the Beit Yosef 555 hold that it is forbidden to wear tefillin on Tisha B'av because mourning the loss of the beit hamikdash is greater than the usual first day of mourning over a deceased.
* However, the Rosh quoted by the Tur holds that one must wear tefillin because mourning for the beit hamikdash is not as stringent as the first day of mourning. </ref>
# One who normally wears [[tefillin]] of rabbeinu tam in addition to Rashi, must do so on Tisha B'av as well <ref> Sh"t Yechave Daat 2:16 and 6:2, Halichot Olam 2: page 158 </ref>

===Mincha===
# Tefillin are worn during mincha on Tisha B'av. <ref> Shulchan Aruch 555:1 </ref>
# There is a discussion if one should recite keriat shema during mincha with tefillin. <ref> Mishna Brura 555:5 says that one should not. However, Rabbi Soloveitchik (Quoted by Rabbi Menachem Genack in Gan Shoshanim Chelek 1, 1:3) thought one should. </ref>
==Sitting on the Floor==
# Though normally one should refrain from sitting in a normal chair on Tisha B'av until midday, one who is driving may sit normally in the seat. <ref> Mikraei Kodesh by Rabbi Moshe Harari 7:48 </ref>

==Saying Hello==
# As part of the mourning of Tisha B'av, one should refrain from greeting others on Tisha B'av. <ref> Shulchan Aruch 554:20. see also [http://hirhurim.blogspot.co.il/2008/08/greeting-people-on-tisha-bav.html Rabbi Ari Enkin] </ref> If someone else says hello to you, you may respond, but should do so with a lower voice and your head bent downward.<ref> Mikraei Kodesh by Rabbi Moshe Harari 7:40 </ref>
==Smoking==
# One should not smoke on Tisha b'av. However, if someone really needs to and it will cause them great pain if they don't then they may smoke at home in private, but shouldn't do so in public. <ref> Sh"t Yabia Omer 1:31, Yechave Daat 5:39 </ref>

==Mourning practices on the tenth of Av==
#Some of the [[mourning]] for the beit hamikdash extends beyond tisha b'av until the tenth of av because although the fires started burning on tisha b'av, most of the burning actually took place on the tenth <ref> gemara Taanit 29a, Shulchan Aruch OC 558:1 </ref>
# According to Ashkenazim one may not eat meat, launder clothing, bathe, take haircuts until mid-day of the tenth of Av. <ref> Rama 558:1, Mishna Brurah 558:3. Under extenuating circumstances, Shemirat [[Shabbat]] Kihilchata 42:16 and Piskei Teshuvot 558:2 allow one to do laundry immediately after the first. Additionally, Sh"t Teshuvot Vihanhagot 2:260 allows one to shower if necessary right after tisha b'av </ref> According to Sephardim one may not eat meat or drink wine until sunset of the tenth of Av <ref>S"A 558:1, Kaf HaChaim 558:10, Shaare Teshuva 558:2. </ref> It is permitted though to shower, do laundry, or take haircuts. <ref> Halachot and History of The [[Three Weeks]], The Akkad Edition, Congregation Shaare Rahamim Halachot Series page 66, Sh"t Yechave Daat 5:41. However, it is important to note that the Kaf HaChaim 558:6 quotes the stringent opinion without arguing. This opinion is cited by HaRav Mordechai Eliyahu in Hilchot Chagim 29:3. See also [http://ph.yhb.org.il/05-10-19/ Peninei Halakha] especially footnote 1 who makes the same observation that even among Sephardic poskim there are many different opinions. </ref>
# If Tisha b'av falls out on [[shabbat]] and is pushed to Sunday everything is permitted right after the fast except for eating meat and drinking wine <ref> Rama OC 558:1. Mishna Brurah 558:3 and Kaf Hachaim OC 558:7 add that some refrain from marital relations on that night unless it is the night of tevila </ref>

==When Tisha BeAv falls out on Sunday==
# If Tisha BeAv falls out on Sunday, one doesn't say Tzidkatcha at [[mincha]] of [[Shabbat]].<ref>Yalkut Yosef 556:3</ref>
# If Tisha BeAv falls out on Sunday, one may learn Torah on [[Shabbat]] after [[Chatzot]] but it's preferable to learn the halachot of Tisha BeAv.<ref>Yalkut Yosef 556:2</ref>
# If Tisha BeAv falls out on [[Shabbat]] and is pushed off to Sunday, the bracha of Boreh Meorei HaEsh upon a fire is made on [[Motzei Shabbat]] before the reading of Eicha, however, the bracha of [[Havdalah]] on a cup of wine is delayed until after Tisha BeAv, Sunday night. <ref>S"A 556:1. Mishna Brurah 556:3 adds that an adult can drink this wine. </ref> An adult who is exempt from fasting should recite [[Havdalah]] on [[Motzei Shabbat]] before eating.<ref>[http://www.dailyhalacha.com/displayRead.asp?readID=2361 Rabbi Mansour on Dailyhalacha.com] quoting Yechave Daat 3:40, Birkei Yosef OC 556:2. Shemirat [[Shabbat]] Kehilchata 62:45 writes that Birkei Yosef's ruling only applies to adults who are too ill to fast but a child should not recite [[havdala]] himself then, but should wait until after tisha b'av. </ref>
# Even if one forgot to recite [[havdala]] in the shemoneh esrei, he doesn't repeat it but rather recites the words baruch hamavdil bein kodesh lichol. <ref> Mishna Brurah 556:2 </ref>
# Although seudat shlishit is the seudat hamafseket before the fast, one should eat a regular meal. <ref> S"A 552:10 based on taanit 29b that says one may make a meal as extravagant as he pleases on the [[shabbat]] of the eighth or ninth of av. Mishna Brurah 552:23 adds though that although we cannot publicly display [[mourning]] on [[Shabbat]] one's mood should at least somewhat reflect the time. </ref> The meal must be finished before sunset. <ref> Rama 552:10 </ref>
# One may leave on one's leather shoes until right after [[Barchu]] at the beginning of [[Arvit]] of [[Motzei Shabbat]]. If one is taking off one's shoes after [[Barchu]] one should take them off with one's feet or by only touching the shoelaces so that one doesn't have to wash [[Netilat Yadayim]]. It's proper to have [[Arvit]] of [[Motzei Shabbat]] 30 minutes after sunset giving people time to change from their [[Shabbat]] clothing which they should do 20 minutes after sunset.<ref>Yalkut Yosef 556:4-5</ref>
==Links==
* [http://www.yutorah.org/lectures/lecture.cfm/736370/Rabbi_Aryeh_Lebowitz/Hilchos_Tisha_b'Av_(Shoes,_Washing,_Tashmish,_Eating_etc) Hilchos Tisha b'Av (Shoes, Washing, Tashmish, Eating etc)] by Rabbi Aryeh Lebowitz
*[http://www.yutorah.org/lectures/lecture.cfm/722652/Rabbi_Mordechai_I_Willig/Hilchos_Tisha_B'av Hilchos Tisha B'av] by Rabbi Mordechai Willig
==Sources==
<references/>

[[Category:Fasting]]
[[Category:Holidays]]

Tisha BeAv

2014-08-06T17:16:35Z

Sbasalely: Added additional Sephardic Opinions about tenth of Av.

[[Image:Destruction_temple.jpg|200px|right]]
The fast of Tisha B’av is to commemorate five tragedies which occurred to the Jewish nation: 1. The Jews of the desert were told that they would not enter Eretz Yisrael following the sin of the spies. 2 The first Bet HaMikdash was destroyed. 3. The second Bet HaMikdash was destroyed. 4. Beitar, a city filled with over 10,000 Jews was captured and destroyed by the Romans during the Bar Kochva rebellion. 5. Turnus Rufus plowed the area of the heichal. <ref> Mishna Taanit 26b, Rambam Hilchot Taaniyot 5:3, Chayei Adam 133:5, Kitzur Shulchan Aruch 121:5, Mishna Brurah 549:2 </ref> This article is specifically about the fast of the ninth of Av. To learn about any of the other fast days [[Fast Days|click here]].
==Fasting==
# It is forbidden for all men of bar mitzvah age and women of bat mitzvah age to partake in eating or drinking on the Tisha BeAv. The fast begins at shkiat hachamah of the 8th of Av and ends at Tzet Hakochavim of the 9th of Av. <ref>Halachot and History of The [[Three Weeks]], The Akkad Edition, Congregation Shaare Rahamim Halachot Series, Mishna Brurah 554:1, Yalkut Yosef Moadim page 577. </ref>
# It is not necessary to wait until the tzet hakochavim according to Rabbeinu Tam to begin eating. <ref> Yalkut Yosef Moadim page 586 </ref>
===Brushing Teeth===
# One should refrain from brushing his teeth on Tisha B'av, unless not doing so causes tremendous distress. <ref> Sh"t Minchat Yitzchak 4:109, Mikraei Kodesh by Rabbi Moshe Harari 4:4, Mishna Brura 567:11 </ref>
# It is forbidden for one to rinse out his/her mouth on Tisha BeAv; although, if one must they may rinse out their mouth with less than a [[Reviit]] of water. <ref> Halachot and History of The [[Three Weeks]], The Akkad Edition, Congregation Shaare Rahamim Halachot Series. see also Rav Shimon Eider’s Halachos of the Three Weeks pg. 19 where he suggests in the name of Rav Moshe Feinstein that on Tisha B'Av washing out one’s mouth may be prohibited because of rechitza. </ref>

==People who are permitted to eat==
# Some poskim say that if one is exempt from fasting on Tisha B'av, he need not eat in increments. <ref> Sh”t Maharam Shick 289 says that just like on [[Yom Kippur]] we say that if it will not increase the danger by eating in small increments (S”A 618:7), the same applies to Tisha B’av. However, Rav Shlomo Zalman Auerbach (Nishmat Avraham 4 554:1), [[Shevet Halevi]] 4:46, and Tzitz Eliezer 10:25:16 disagree and say this isn’t necessary for Tisha B’av. </ref> However, one should not overindulge. <ref> S:A 554:5, Haghot Maimaniot Hilchot Taaniyot 1:8 </ref>
# A pregnant or nursing woman must fast on Tisha BeAv.<ref>S"A 554:5</ref>If the woman has a sickness which is Choleh Shein Bo Sakana, she doesn't have to fast. Yet, in these situations it's better to ask an Orthodox Rabbi to assess the situation.<ref> Yalkut Yosef 554 (HaChayvim VeHitanot #1)</ref>

==Seuda Hamafseket==
# Some have the practice to declare "“This is the Tisha B'Av meal” when they eat the seuda hamafseket. <ref> The Mishna Berura 552:16 suggests doing so based upon the practice of Rav in the Yerushalmi in Taanit 4:6 </ref>
# If one said explicitly that he will not be eating after the seuda hamefseket, he cannot continue eating even if it is before sunset. However, if he only had that in mind but didn't say it, he may continue eating. <ref> Yalkut Yosef Moadim page 577, Shulchan Aruch 553:1. </ref> Since some poskim disagree, some suggest that one say explicitly that he will continue eating. <ref> Mishna Brura 553:2 writes that the Bach and Gra hold that a mental acceptance is enough and he therefore recommends stating explicitly that one intends to eat or drink until sunset. </ref>
# Three men should not eat together in order to avoid being obligated in a zimun. <ref> Shulchan Aruch 552:8, Haghot Maimaniyot Hilchot Taaniyot 5:7:30 </ref> If they do sit together they should still not recite the zimmun. <ref> Mishna Brura 552:19 </ref>

==Learning on Erev Tisha BeAv==
# Some Ashkenazim have the minhag not to learn after mid-day on Erev Tisha BeAv (except for the things which one can learn on Tisha BeAv itself), while others allow learning all day. <Ref>Rama 553:2 records the custom to stop learning torah at midday of erev tisha b'av. Magen Avraham 553:7 agrees. However, Mishna Brura 553:8 and Aruch Hashulchan 553:4 challenge this custom </ref> For Sephardim, it is permissible to learn the entire day of Erev Tisha BeAv. <Ref> Chazon Ovadyah (Arba Taniyot pg 248) </ref>

==What one may learn on Tisha BeAv==
# One should not learn Torah on Tisha BeAv whether it’s Tanach, Midrash, Mishna, Gemara, Halacha, or Aggadata because Torah brings happiness to a person. <Ref>S”A 554:1-2 based on the pasuk in tehillim 19:9 פִּקּוּדֵי ה יְשָׁרִים, מְשַׂמְּחֵי-לֵב</ref> This applies to women as well. <ref> Sh"t Rivivot Ephraim 2:155:14 </ref>
# Nevertheless, the obligation to set some time in the day for learning torah still exists. <ref> Yalkut Yosef Moadim page 580 </ref> It is permissible to read Iyov, an explanation of Iyov, the sad parts of Yirmiyahu (prophesy about destruction and rebuke but not consolation or about destruction of the other nations), Midrash Eicha, an explanation of Eicha, the Gemara in the third perek of Moed Katan (which deals with the laws of [[mourning]], excluding the happy parts), <Ref>S”A 554:1-2, Mishna Brurah 554:2 </ref> the Gemara in Gittin and Sanhedrin which deal with the destruction of the Bet HaMikdash. <Ref>Mishna Brurah 554:3 </ref>
# When learning the laws of [[mourning]] one may not go into the depth of halacha (with questions and answers). <Ref>Mishna Brurah 554:4. On the other hand, Aruch Hashulchan 554:4 permits going into it deeply. </ref>
# Even in the areas one is permitted to learn one should not learn in a deep analytical way. <Ref> Mishna Brurah 554:4 </ref>
# One may not even think of how to answer a serious difficulty in learning because one will feel satisfied when the matter is settled. <Ref>Mishna Brurah 554:4 </ref>
# It is permitted to pray the normal [[prayers]] even though it contains torah such as az yashir, eizehu mikoman, the [[korbanot]] etc. <ref> Sh"t Yabia Omer YD 4:32 </ref>

==Washing and Bathing==
# It is forbidden to wash or bathe oneself in cold or hot water. Even sticking one's finger in water is forbidden.<ref>S"A 544:7</ref>
# One should not go to the Mikveh on Tisha BeAv. <ref>S"A 544:8</ref>
# If one's hands got dirty one may clean the dirty area. <ref>S"A 544:9</ref>

==Wearing Leather==
# It is prohibited to wear leather shoes on Tisha B'av. <ref> S"A 554:1 and 554:16, Yalkut Yosef Moadim page 577. Kitzur S"A 124:11, Aruch Hashulchan 554:16, Mishna Brurah 554:30 say that although shoes made of other materials cover and protect the feet, they are not called a "minal" and therefore aren't part of the prohibition. </ref>
# Even those who are more lenient on [[Yom Kippur]] and wear comfortable non leather shoes, should be more stringent on Tisha B’Av as we try to minimize comforts on Tisha B’Av as much as possible. <ref> Halichot Shlomo (ch. 15 no. 5) quoting the Shaare Teshuva 554:11 </ref>
# Some poskim permit wearing crocs, while others prohibit them. <ref> [http://www.ravaviner.com/2009/07/crocs-on-tisha-be-av.html Rav shlomo aviner] says that since crocs are comfortable shoes even though they aren’t leather some, it is better not to wear them, but whoever does has on who to rely. http://matzav.com/rav-elyashiv-crocs-not-permitted-footwear-on-tisha-bav quotes that this is the ruling of Rav Moshe Shternbuch, Rav Nissim Karelitz as well. However, it also quotes Rav Elyashiv that it Is prohibited to wear them. </ref>
==Anointing==
# It is prohibited to anoint oneself for pleasure on Tisha B'av. <ref> Shulchan Aruch 554:15 </ref>
# Although it is forbidden to anoint oneself on Tisha B'av, one may use deodorant. <ref> [http://www.torahmusings.com/2011/08/deodorant-on-tisha-bav/ Rabbi Gil Student] based on Biur Halachah 554:15 sv. sicha </ref>

==Marital Relations==
# It is prohibited to have marital relations on Tisha B'av. <ref> S"A 554.1, Yalkut Yosef Moadim page 577. </ref>
# Some poskim say that a husband and wife should be careful not to touch each other. <ref> Mishna Brurah 554:37 raises this possibility but allows for one to be lenient at least during the day, Aruch Hashulchan 554:17 and Taz 615:16 say that one need not be stringent in this at all. Kitzur S"A 124:12 forbids physical contact both in the day and at night. Halichot Olam 2: page 153 permits handing items to your wife as long as she isn't a nidda as well as any of the other harchakot for a nidda as long as your wife isn't actually a nidda and even permits touching your wife. </ref>

==Prayer==
# Although leather is not worn, some have the custom to say the beracha in birkot hashachar of "sheasa li ko tzorki." <ref> Mishna Brurah 554:31, Chazon Ovadyah (Yamim Noraim pg 320), [http://www.dailyhalacha.com/displayRead.asp?readID=951 Rabbi Eli Mansour] </ref> Some say to omit it. <ref> Halachot and History of The [[Three Weeks]], The Akkad Edition, Congregation Shaare Rahamim Halachot Series page 62; Ben Ish Hai Vayeshev: 9; Kaf Hachaim 46:17 </ref>
# [[Tachanun]] is not recited on Tisha B'av. <ref> S"A 559:4 since Tisha B'Av is considered like a moed. Mishna Brurah 559:17 points out that this is based on the pasuk in Lamentations 1:15 קָרָא עָלַי מוֹעֵד </ref>
===Eicha===
# The custom is to read the megilla of Eicha, Lamentations, on Tisha B'av. <ref> S"A 559:2, Masechet Sofrim 18:5, and Eicha Rabbah Parsha 3. Mishna Brurah 559:2 notes that although the prevalent tradition is read to Eicha at night, it is preferable to read Eicha privately during the daytime as well. </ref> # Women are required to read the megilla of eicha as well. <ref> Teshuvot Vihanhagot 2:250 says that since women are obligated in all other halachot of [[mourning]] on tisha b'av, they are also obligated halachos of aveilus of Tisha B'Av, they are also required to hear Eicha. He says that if they cannot make it to shul, they made read it on the floor in their own homes. </ref>
===Aneinu===
# According to Sephardim, one recites aneinu at night on tisha b’av. <ref> Yalkut Yosef Moadim page 536, [http://www.dailyhalacha.com/displayRead.asp?readID=2732 Rabbi Eli Mansour] </ref>
===Nachem===
# On Tisha B’Av, we add in the Shemoneh Esreh a prayer for the rebuilding of Jerusalem, which begins with the word nachem. Some have the custom to insert the beracha of nachem into the beracha of tishkon bitoch yerushalayim only during mincha. <ref> [http://www.dailyhalacha.com/displayRead.asp?readID=2732 Rabbi Eli Mansour] </ref>
# If one forgot to recite nachem during the amida and only remembered after finishing, he should not go back and recite the amida again. <ref> [http://www.dailyhalacha.com/displayRead.asp?readID=2732 Rabbi Eli Mansour] </ref>
===Tefillin===
# Some have the minhag not to put on [[Tefillin]] for [[Shacharit]] of Tisha BeAv and only put it on for [[Mincha]] <ref>S"A 551:1. 
* Interestingly, Maharam quoted by the Tur OC 555 and Rabbenu Yerucham quoted by the Beit Yosef 555 hold that it is forbidden to wear tefillin on Tisha B'av because mourning the loss of the beit hamikdash is greater than the usual first day of mourning over a deceased.
* However, the Rosh quoted by the Tur holds that one must wear tefillin because mourning for the beit hamikdash is not as stringent as the first day of mourning. </ref>
# One who normally wears [[tefillin]] of rabbeinu tam in addition to Rashi, must do so on Tisha B'av as well <ref> Sh"t Yechave Daat 2:16 and 6:2, Halichot Olam 2: page 158 </ref>

===Mincha===
# Tefillin are worn during mincha on Tisha B'av. <ref> Shulchan Aruch 555:1 </ref>
# There is a discussion if one should recite keriat shema during mincha with tefillin. <ref> Mishna Brura 555:5 says that one should not. However, Rabbi Soloveitchik (Quoted by Rabbi Menachem Genack in Gan Shoshanim Chelek 1, 1:3) thought one should. </ref>
==Sitting on the Floor==
# Though normally one should refrain from sitting in a normal chair on Tisha B'av until midday, one who is driving may sit normally in the seat. <ref> Mikraei Kodesh by Rabbi Moshe Harari 7:48 </ref>

==Saying Hello==
# As part of the mourning of Tisha B'av, one should refrain from greeting others on Tisha B'av. <ref> Shulchan Aruch 554:20. see also [http://hirhurim.blogspot.co.il/2008/08/greeting-people-on-tisha-bav.html Rabbi Ari Enkin] </ref> If someone else says hello to you, you may respond, but should do so with a lower voice and your head bent downward.<ref> Mikraei Kodesh by Rabbi Moshe Harari 7:40 </ref>
==Smoking==
# One should not smoke on Tisha b'av. However, if someone really needs to and it will cause them great pain if they don't then they may smoke at home in private, but shouldn't do so in public. <ref> Sh"t Yabia Omer 1:31, Yechave Daat 5:39 </ref>

==Mourning practices on the tenth of Av==
#Some of the [[mourning]] for the beit hamikdash extends beyond tisha b'av until the tenth of av because although the fires started burning on tisha b'av, most of the burning actually took place on the tenth <ref> gemara Taanit 29a, Shulchan Aruch OC 558:1 </ref>
# According to Ashkenazim one may not eat meat, launder clothing, bathe, take haircuts until mid-day of the tenth of Av. <ref> Rama 558:1, Mishna Brurah 558:3. Under extenuating circumstances, Shemirat [[Shabbat]] Kihilchata 42:16 and Piskei Teshuvot 558:2 allow one to do laundry immediately after the first. Additionally, Sh"t Teshuvot Vihanhagot 2:260 allows one to shower if necessary right after tisha b'av </ref> According to Sephardim one may not eat meat or drink wine until sunset of the tenth of Av <ref>S"A 558:1, Kaf HaChaim 558:10, Shaare Teshuva 558:2. </ref> It is permitted though to shower, do laundry, or take haircuts. <ref> Halachot and History of The [[Three Weeks]], The Akkad Edition, Congregation Shaare Rahamim Halachot Series page 66, Sh"t Yechave Daat 5:41. However, it is important to note that the Kaf HaChaim 558:6 quotes the stringent opinion without arguing. This opinion is cited by HaRav Mordechai Eliyahu in Hilchot Chagim 29:3. </ref>
# If Tisha b'av falls out on [[shabbat]] and is pushed to Sunday everything is permitted right after the fast except for eating meat and drinking wine <ref> Rama OC 558:1. Mishna Brurah 558:3 and Kaf Hachaim OC 558:7 add that some refrain from marital relations on that night unless it is the night of tevila </ref>

==When Tisha BeAv falls out on Sunday==
# If Tisha BeAv falls out on Sunday, one doesn't say Tzidkatcha at [[mincha]] of [[Shabbat]].<ref>Yalkut Yosef 556:3</ref>
# If Tisha BeAv falls out on Sunday, one may learn Torah on [[Shabbat]] after [[Chatzot]] but it's preferable to learn the halachot of Tisha BeAv.<ref>Yalkut Yosef 556:2</ref>
# If Tisha BeAv falls out on [[Shabbat]] and is pushed off to Sunday, the bracha of Boreh Meorei HaEsh upon a fire is made on [[Motzei Shabbat]] before the reading of Eicha, however, the bracha of [[Havdalah]] on a cup of wine is delayed until after Tisha BeAv, Sunday night. <ref>S"A 556:1. Mishna Brurah 556:3 adds that an adult can drink this wine. </ref> An adult who is exempt from fasting should recite [[Havdalah]] on [[Motzei Shabbat]] before eating.<ref>[http://www.dailyhalacha.com/displayRead.asp?readID=2361 Rabbi Mansour on Dailyhalacha.com] quoting Yechave Daat 3:40, Birkei Yosef OC 556:2. Shemirat [[Shabbat]] Kehilchata 62:45 writes that Birkei Yosef's ruling only applies to adults who are too ill to fast but a child should not recite [[havdala]] himself then, but should wait until after tisha b'av. </ref>
# Even if one forgot to recite [[havdala]] in the shemoneh esrei, he doesn't repeat it but rather recites the words baruch hamavdil bein kodesh lichol. <ref> Mishna Brurah 556:2 </ref>
# Although seudat shlishit is the seudat hamafseket before the fast, one should eat a regular meal. <ref> S"A 552:10 based on taanit 29b that says one may make a meal as extravagant as he pleases on the [[shabbat]] of the eighth or ninth of av. Mishna Brurah 552:23 adds though that although we cannot publicly display [[mourning]] on [[Shabbat]] one's mood should at least somewhat reflect the time. </ref> The meal must be finished before sunset. <ref> Rama 552:10 </ref>
# One may leave on one's leather shoes until right after [[Barchu]] at the beginning of [[Arvit]] of [[Motzei Shabbat]]. If one is taking off one's shoes after [[Barchu]] one should take them off with one's feet or by only touching the shoelaces so that one doesn't have to wash [[Netilat Yadayim]]. It's proper to have [[Arvit]] of [[Motzei Shabbat]] 30 minutes after sunset giving people time to change from their [[Shabbat]] clothing which they should do 20 minutes after sunset.<ref>Yalkut Yosef 556:4-5</ref>
==Links==
* [http://www.yutorah.org/lectures/lecture.cfm/736370/Rabbi_Aryeh_Lebowitz/Hilchos_Tisha_b'Av_(Shoes,_Washing,_Tashmish,_Eating_etc) Hilchos Tisha b'Av (Shoes, Washing, Tashmish, Eating etc)] by Rabbi Aryeh Lebowitz
*[http://www.yutorah.org/lectures/lecture.cfm/722652/Rabbi_Mordechai_I_Willig/Hilchos_Tisha_B'av Hilchos Tisha B'av] by Rabbi Mordechai Willig
==Sources==
<references/>

[[Category:Fasting]]
[[Category:Holidays]]