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Nine Days: Difference between revisions

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#A non-Jewish contractor is allowed to continue building a house during the three weeks and even on [[Tisha BeAv]] if he has already begun to build for a Jew <ref>Chazon Ovadia Taaniyot page 329. </ref>
#A non-Jewish contractor is allowed to continue building a house during the three weeks and even on [[Tisha BeAv]] if he has already begun to build for a Jew <ref>Chazon Ovadia Taaniyot page 329. </ref>
#If there is a danger such as that a wall may collapse one is allowed to rebuild it even if this causes joy. <ref>Mishna Brurah 551:13 </ref>
#If there is a danger such as that a wall may collapse one is allowed to rebuild it even if this causes joy. <ref>Mishna Brurah 551:13 </ref>
# One may move into a house during the nine days if needed <Ref>Chazon Ovadia - Arba Taaniyot pg. 169 </ref>
# One may move into a house during the nine days if necessary.<Ref>Chazon Ovadia - Arba Taaniyot pg. 169 </ref>


===For a Mitzva===
===For a Mitzva===
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===Shabbat Chazon===
===Shabbat Chazon===
====Meat on Erev Shabbat Chazon====
#A person shouldn't taste the Shabbos meat dishes before Shabbat on Erev Shabbat Chazon. He can taste it to see if it needs more spices and then spit it out.<Ref>Laws of Daily Living The Three Weeks p. 63</ref>
#If one accepts early Shabbat on Shabbat Chazon one can eat meat and drink wine even before sunset.<Ref>Laws of Daily Living The Three Weeks p. 63</ref>
#Children can eat meat on Erev Shabbat Chazon as part of their "Shabbat meal" even if it is before Shabbat if it is difficult for them to stay up.<Ref>Laws of Daily Living The Three Weeks p. 63</ref>
{{Clothing for Shabbat Chazon}}
{{Clothing for Shabbat Chazon}}


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#A clean tablecloth can be used on Shabbos during the Nine Days <ref>Taz OC 551:4</ref>
#A clean tablecloth can be used on Shabbos during the Nine Days <ref>Taz OC 551:4</ref>
#A fresh handkerchief may be used only if the old one is dirty and unusable <ref>Shu”t Rivevos Ephraim OC 2:555</ref>
#A fresh handkerchief may be used only if the old one is dirty and unusable <ref>Shu”t Rivevos Ephraim OC 2:555</ref>
===Wearing Shabbat Clothing===
# The minhag is not to wear Shabbat clothing during the nine days.<Ref>Rama 551:1</ref>
# If there is a brit milah during the nine days, the father of the baby, the mohel, the sandak, and some say the grandfather may wear Shabbat clothing. Everyone else should not.<ref>Rama 551:1, Shaarei Teshuva 551:1, Shaarei Teshuva 551:1, [https://www.hebrewbooks.org/pdfpager.aspx?req=46439&pgnum=192 Nitai Gavriel Ben Hametzarim v. 1 p. 192], Piskei Teshuvot 551:3</ref>
# If someone was traveling and they only have their Shabbat clothing he may continue to wear it even during the week.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=46439&pgnum=190 Nitai Gavriel Ben Hametzarim v. 1 p. 190] either because it is considered an extenuating circumstance or because once they wear it during the week before the nine days it indicates that the clothing aren't specifically designated for Shabbat.</ref>


==Eating Meat and Drinking Wine==
==Eating Meat and Drinking Wine==
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#One should refrain from eating food cooked with meat.<ref>Although Shulchan Aruch O.C. 551:10 says that some allow you to eat foods cooked with meat, Mishna Brura 551:63 and Kaf Hachaim 551:142 say that the custom is to refrain from doing so. Ish Matzliach footnotes to Mishna Brura 551:10:note 4 agrees.</ref> Nevertheless, one is permitted to eat food that was cooked in meat pots, as long as no meat was cooked with it, and one cannot taste the taste of the meat in his food. <ref>Mishna Brurah 551:63, Kaf Hachayim 551:142, Orchot Chaim 31, Nitei Gavriel 38:5. Shaar Hatziyun 551:68 writes that even if a small piece of meat that will not be tasted fell into a dish, it may still be eaten. </ref>  
#One should refrain from eating food cooked with meat.<ref>Although Shulchan Aruch O.C. 551:10 says that some allow you to eat foods cooked with meat, Mishna Brura 551:63 and Kaf Hachaim 551:142 say that the custom is to refrain from doing so. Ish Matzliach footnotes to Mishna Brura 551:10:note 4 agrees.</ref> Nevertheless, one is permitted to eat food that was cooked in meat pots, as long as no meat was cooked with it, and one cannot taste the taste of the meat in his food. <ref>Mishna Brurah 551:63, Kaf Hachayim 551:142, Orchot Chaim 31, Nitei Gavriel 38:5. Shaar Hatziyun 551:68 writes that even if a small piece of meat that will not be tasted fell into a dish, it may still be eaten. </ref>  
# Parve food which looks like meat may be eaten during the Nine Days. <ref>Nitei Gavriel 38:6,  Rav Mordechai Eliyahu (Maamar Mordechai - Lemoadim Uleyamim 25:37 and [https://www.yeshiva.co/midrash/3808 yeshiva.co]) </ref>
# Parve food which looks like meat may be eaten during the Nine Days. <ref>Nitei Gavriel 38:6,  Rav Mordechai Eliyahu (Maamar Mordechai - Lemoadim Uleyamim 25:37 and [https://www.yeshiva.co/midrash/3808 yeshiva.co]) </ref>
===Cooking with Wine or Meat Flavor===
# If wine is mixed into a sauce it is nullified one in six parts, therefore if there is less than 16% it is permitted to consume during the nine days.<Ref>[https://www.torahanytime.com/#/lectures?v=155681 Rav Shmuel Fuerst (Halachos of The 3 Weeks 5781, min 28)]</ref>
#If meat fell into a food and is nullified one in sixty the food may be consumed during the nine days.<Ref>Mishna Brurah 551:63</ref>


===Liquors===
===Liquors===
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===Havdalah===
===Havdalah===
#Since the minhag is not to drink wine, a question arises as to what we should do with [[Havdalah]]. For Sephardim one is permitted to use wine and drink it as usual <ref>Shulchan Aruch Orach Chaim 551:10. Yalkut Yosef page 574 adds that one may drink the entire cup. </ref> while for Ashkenazim there are several possibilities. <ref>The Aruch HaShulchan 551:26 says some people have the Minhag to drink beer or another drink that qualifies as Chamar Medina. The Eshel Avraham 551 and the Chazon Ish (quoted in Imrei Yosher, pg. 4) says that those who say [[Havdalah]] every week over wine or grape juice should do the same during the Nine Days as well. Rav Moshe Harari in his Mikraei Kodesh 1:14 say it is preferable to use grape juice as this doesn't cause any joy, and Rav Moshe Karp in Hilchot UMinhagei Ben HaMetsarim chapter 4 note 74 says that in this situation an adult can drink it lechatchila. Rama Orach Chaim 551:10 says to preferably give it to a child. Mishna Brurah 551:70 says that it should be a minor above the age of [[chinuch]] but doesn't fully comprehend the concept of [[mourning]] the destruction of the beit hamikdash. Rav Moshe Feinstein quoted in Moadei Yeshurun page 154 says the adults should drink the [[Havdalah]] wine. Darkei Moshe 551:9 says in the name of the Maharil that this can be done lechatchila. See piskei teshuvot 551:35 and Hilchot UMinhagei Ben HaMetsarim chapter 4 note 74 for more poskim who say this. </ref>
#Since the minhag is not to drink wine, a question arises as to what we should do with [[Havdalah]]. For Sephardim one is permitted to use wine and drink it as usual,<ref>Shulchan Aruch Orach Chaim 551:10. Yalkut Yosef page 574 adds that one may drink the entire cup. </ref> while for Ashkenazim there are several possibilities. <ref>The Aruch HaShulchan 551:26 says some people have the Minhag to drink beer or another drink that qualifies as Chamar Medina. The Eshel Avraham 551 and the Chazon Ish (quoted in Imrei Yosher, pg. 4) says that those who say [[Havdalah]] every week over wine or grape juice should do the same during the Nine Days as well. [https://www.torahanytime.com/#/lectures?a=155681 Rav Shmuel Fuerst (Three Weeks and Nine Days, min. 26)] ruled to use wine as usual like Rav Moshe Feinstein and Rav Shlomo Zalman Auerbach. Rav Moshe Harari in his Mikraei Kodesh 1:14 say it is preferable to use grape juice as this doesn't cause any joy, and Rav Moshe Karp in Hilchot UMinhagei Ben HaMetsarim chapter 4 note 74 says that in this situation an adult can drink it lechatchila. Rama Orach Chaim 551:10 says to preferably give it to a child. Mishna Brurah 551:70 says that it should be a minor above the age of [[chinuch]] but doesn't fully comprehend the concept of [[mourning]] the destruction of the beit hamikdash. Rav Moshe Feinstein quoted in Moadei Yeshurun page 154 says the adults should drink the [[Havdalah]] wine. Darkei Moshe 551:9 says in the name of the Maharil that this can be done lechatchila. See piskei teshuvot 551:35 and Hilchot UMinhagei Ben HaMetsarim chapter 4 note 74 for more poskim who say this. </ref>


===Birkat Hamazon over Wine===
===Birkat Hamazon over Wine===
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* [https://www.yutorah.org/lectures/lecture.cfm/890440/rabbi-hershel-schachter/are-children-obligated-in-observances-that-commemorate-the-destruction-of-the-beis-hamikdash-/ Rav Hershel Schachter] explains that although normally a child is not obligated to observe practices of a mourner, even when he reaches the age of chinuch, the practice of not eating meat is not a function of mourning (as a mourner during shiva is allowed to eat meat and drink wine.) Instead, it is part of the obligation to mourn and remember the Beit Hamikdash. (See Gemara Baba Batra 60b). Children do not have an obligation to observe the laws of mourning, but they do have an obligation to remember the beit hamidkash. Therefore they refrain from eating meat and drinking wine during the nine days once they have reached the age of chinuch.
* [https://www.yutorah.org/lectures/lecture.cfm/890440/rabbi-hershel-schachter/are-children-obligated-in-observances-that-commemorate-the-destruction-of-the-beis-hamikdash-/ Rav Hershel Schachter] explains that although normally a child is not obligated to observe practices of a mourner, even when he reaches the age of chinuch, the practice of not eating meat is not a function of mourning (as a mourner during shiva is allowed to eat meat and drink wine.) Instead, it is part of the obligation to mourn and remember the Beit Hamikdash. (See Gemara Baba Batra 60b). Children do not have an obligation to observe the laws of mourning, but they do have an obligation to remember the beit hamidkash. Therefore they refrain from eating meat and drinking wine during the nine days once they have reached the age of chinuch.
* Rabbi Eider (The Halachos Of The Three Weeks p. 7) writes that generally the minhag not to eat meat even applies to children. But if it is hard to feed a child dairy and he is used to eating meat every day he can continue to eat meat in the Nine Days.
* Rabbi Eider (The Halachos Of The Three Weeks p. 7) writes that generally the minhag not to eat meat even applies to children. But if it is hard to feed a child dairy and he is used to eating meat every day he can continue to eat meat in the Nine Days.
* Aruch Hashulchan 551:26 as well says there is room to be lenient, especially in a case where it is a weak child who can gain a lot from eating the meat.</ref>
* Aruch Hashulchan 551:26 as well says there is room to be lenient, especially in a case where it is a weak child who can gain a lot from eating the meat.</ref> Sepharadim however, allow it.<Ref>Chazon Ovadia Arba Taaniyot pg. 190 allows feeding meat to children until the year before Bar/Bat Mitzva. Rabbi David Yosef in torat hamoadim Siman 5 page 190 agrees. Ohr Letzion 3: pg. 245 3:26:6 allows it until Bar Mitzva. See Yalkut Yosef Chinuch p. 279 where he says that for a child who is even a little bit weak can eat meat during the nine days. He cites Yabia Omer YD 3:3 and 4:4. </ref>
Sepharadim however, allow it.<Ref>Chazon Ovadia Arba Taaniyot pg. 190 allows feeding meat to children until the year before Bar/Bat Mitzva. Rabbi David Yosef in torat hamoadim Siman 5 page 190 agrees. Ohr Letzion 3: pg. 245 3:26:6 allows it until Bar Mitzva </ref>
# It is permitted to give children meat for their Firday night Shabbat meal even if it is earlier than plag mincha.<ref>[https://www.torahanytime.com/#/lectures?a=155681 Rav Shmuel Fuerst (Three Weeks and Nine Days, min 29-30)] quoting Rav Moshe Feinstein</ref>


===Brit Milah and Seudat Mitzva===
===Brit Milah and Seudat Mitzva===
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===Siyum===
===Siyum===
#One may eat meat at a meal held for a siyum and this includes the friends and family invited to the meal.<ref>Chazon Ovadyah (Arba Taaniyot pg 196-8). Although the Rama Orach Chaim 551:10 writes that one should minimize the amount of guests invited to this meal, Rav Moshe Feinstein and Rav Shlomo Zalman Auerbach (cited in Nitei Gavriel 18:7), rule that if the one who completes the masechet eats in a communal dining room (such as a camp or hotel), all those who eat with him may participate. Rav Moshe Feinstein quoted in Moadei Yeshurun page 132 says that preferably one shouldn't hold a siyum of a masechet after the sixth of av. Aruch Hashulchan 551:28 says that since nowadays we do not properly celebrate the torah, preferably no siyums should be held during the [[nine days]]. </ref>
{{Siyum_During_the_Nine_Days}}
#One may eat meat at a meal for a mitzvah such as the meal of a [[Brit Milah]] and this includes the relatives and friend invited to the meal however, it doesn’t include those who just walk in to eat.<ref>Chazon Ovadyah (Arba Taniyot pg 196-7). Rama Orach Chaim 551:10 allows eating meat for a seudat mitzva, and the Taz there explains that only someone would normally be invited to this seuda, may partake in this meat seuda during this time. If the bris is scheduled to be performed before the [[nine days]], even if it has already been postponed, Shaare Teshuva 551:10 says you cannot postpone any further to allow eating meat, and one who does this is considered someone who breaches fences.</ref>
#One may eat meat at a meal held for a siyum and this includes the friends and family invited to the meal.<ref>Chazon Ovadyah (Arba Taaniyot pg 196-8). Although the Rama Orach Chaim 551:10 writes that one should minimize the amount of guests invited to this meal, Rav Moshe Feinstein and Rav Shlomo Zalman Auerbach (cited in Nitei Gavriel 18:7), rule that if the one who completes the masechet eats in a communal dining room (such as a camp or hotel), all those who eat with him may participate. Rav Moshe Feinstein quoted in Moadei Yeshurun page 132 says that preferably one shouldn't hold a siyum of a masechet after the sixth of av. Aruch Hashulchan 551:28 says that since nowadays we do not properly celebrate the Torah, preferably no siyums should be held during the [[nine days]]. </ref>
# A siyum can be made on a masechta of gemara, seder of mishna, or book of Tanach studied with the rishonim.<ref>Rav Eider in Halachos Of The Three Weeks p. 7</ref>
#Some say that from the 7th of Av they shouldn't serve meat at a siyum.<ref>Rav Moshe Feinstein (cited by Rav Eider in Halachos Of The Three Weeks p. 7) holds that after the 7<sup>th</sup> of Av they should not serve meat even at a siyum.</ref>
#One may eat meat a meal held for a [[Bar Mitzvah]] only if it’s held the day that the son becomes 13. <ref>Chazon Ovadyah (Arba Taniyot pg 200), Halichot Shlomo (Moadim vol 2 pg 415), Yad Yitzchak 3:230, Yad Efrayim 551:31, Divrei Yatziv 2:238. Even though this is not mentioned by the Rama Orach Chaim 551:10 as one of the meals you can eat meat for, Magen Avraham 225:4 says that a bar mitzva meal is a seudat mitzva, because just like siyum on a masechet is the celebration of the culmination of a mitzva, so too a bar mitzva is celebrating culminating the mitzva of [[chinuch]]. </ref>
# If a person missed hearing the siyum itself a rav should be consulted.<ref>Rav Eider in Halachos Of The Three Weeks p. 8 writes that it seems to him to be permitted to eat from the meal even if he missed hearing the siyum but he concludes that a rav should be consulted.</ref>


==Showering, Bathing, and Swimming==
==Showering, Bathing, and Swimming==
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#Sephardim may not cut their hair, shave, do laundry, or wear newly laundered clothing the week of Tisha B'av.<ref>Mishna Tanit 26b, Rambam Taniyot 5:6, Shulchan Aruch O.C. 551:3</ref> Ashkenazim are strict about hair cutting and shaving for all Three Weeks and laundry for all Nine Days.<ref>Rama Orach Chaim 551:4</ref>
#Sephardim may not cut their hair, shave, do laundry, or wear newly laundered clothing the week of Tisha B'av.<ref>Mishna Tanit 26b, Rambam Taniyot 5:6, Shulchan Aruch O.C. 551:3</ref> Ashkenazim are strict about hair cutting and shaving for all Three Weeks and laundry for all Nine Days.<ref>Rama Orach Chaim 551:4</ref>
#If Tisha B'av falls out on Shabbat and is pushed off until Sunday, according to Sephardim the practices of the weeks before Tisha B'av do not apply that year.<ref>Rabbi Ba in Yerushalmi Tanit 4:6 explains that if Tisha B'av falls out on Shabbat and the fast is delayed until Sunday the restrictions of the week of Tisha B'av don't apply. The Rosh (Tanit 4:32) and Ran (Tanit 9b s.v. yerushalmi) accept the Yerushalmi. However, the Smag (Asin Derabbanan 3) writes the minhag is to forbid the entire week of Tisha B'av even when it falls out on Shabbat. Hagahot Maimiyot (Taniyot 5:5), Smak 96, and Kol Bo (Feldheim 5769 Edition, 62 s.v. vkesat, fnt. 148) agree. Shulchan Aruch O.C. 551:4 rules like the Yerushalmi. Rama is strict because either way Ashkenazim don't launder clothing or wear laundered clothing for all Nine Days and don't cut their hair all Three Weeks.</ref>
#If Tisha B'av falls out on Shabbat and is pushed off until Sunday, according to Sephardim the practices of the weeks before Tisha B'av do not apply that year.<ref>Rabbi Ba in Yerushalmi Tanit 4:6 explains that if Tisha B'av falls out on Shabbat and the fast is delayed until Sunday the restrictions of the week of Tisha B'av don't apply. The Rosh (Tanit 4:32) and Ran (Tanit 9b s.v. yerushalmi) accept the Yerushalmi. However, the Smag (Asin Derabbanan 3) writes the minhag is to forbid the entire week of Tisha B'av even when it falls out on Shabbat. Hagahot Maimiyot (Taniyot 5:5), Smak 96, and Kol Bo (Feldheim 5769 Edition, 62 s.v. vkesat, fnt. 148) agree. Shulchan Aruch O.C. 551:4 rules like the Yerushalmi. Rama is strict because either way Ashkenazim don't launder clothing or wear laundered clothing for all Nine Days and don't cut their hair all Three Weeks.</ref>
==Haftorot==
#When Rosh Chodesh Av falls out on Shabbat, the minhag is to read the haftorah חזון ישיעיהו (Yishayahu 1).<ref>In the rishonim there are three possible haftorot.
* The Gemara Megillah 31b writes that we should recite the haftorah of Chazon Yishayahu when Rosh Chodesh Av is on Shabbat.
* Tosfot Megillah 31b s.v. rosh explains that today we don't do that because we have the practice like the pesikta to read the three haftorot of destruction between shiva asar btamuz and tisha bav: Divrei Yirmiyahu, Shimu Dvar Hashem, and Chazon Yishyahu. Darkei Moshe 425:1 quotes this practice from the Avudraham, Mordechai (Megillah n. 821), and Minhagim (R' Tirna, Minhag Chodesh Av p. 77). Rama O.C. 425:1 writes that the minhag is to read Shimu Dvar Hashem (Yirmiyahu 2:4) when Rosh Chodesh Av is on Shabbat, as part of the three haftorah's of destruction (Heb. ג' דפרענותא; trans. gimmel d'paranuta). Kaf Hachayim 425:14 and Yalkut Yosef 425:2 agree with the minhag to read Shimu Dvar Hashem. Yalkut Yosef writes that it is proper to add the first and last pasuk of Hashamayim Kisiy. See Yachava Daat 3:42 and 4:35.
* Tosfot Pesachim 40b s.v. aval writes that the minhag is to read the haftorah of hashamayim kisiy, the regular haftorah for [[Rosh Chodesh]]. Trumat Hadeshen 19 says that in a place where there is no established minhag they should read hashamayim kisiy because it is tadir. Rama 425:1 codifies this opinion if there's no minhag. Gra 425:8 disagrees and always prefer Shimu. He claims that Tosfot Pesachim 40b s.v. aval is a scribal error, though the same text is found in Tosfot Shantz Pesachim 40b s.v. aval. (See Tosfot Harosh Pesachim 40b s.v. aval which is unclear since it isn't clear what his text in the pesikta was.) Mishna Brurah 425:8 and Kaf Hachayim 425:16 codify the Gra.</ref>


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