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Three Weeks: Difference between revisions

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# Someone who’s profession is to play music before non-Jews or to teach music (and there would be a loss of money if he stops teaching music) may continue until the week of Tisha BeAv but it’s better to be strict from the beginning of the nine days. <Ref>Chazon Ovadyah (Arba Taaniyot pg 156), Nitai Gavriel 15:6, Shearim Metzuyanim Bihalacha 122:1. See also Yalkut Yosef (Moadim, 5748 edition, pg 554), Biur Halacha 551:2 "mimaatim", Iggerot Moshe OC 3:87, Rivevot Ephraim 6:291:1, Torat Hamoadim page 123, Betzel Hachochma 6:61, Kinyan Torah 2:99. </ref>
# Someone who’s profession is to play music before non-Jews or to teach music (and there would be a loss of money if he stops teaching music) may continue until the week of Tisha BeAv but it’s better to be strict from the beginning of the nine days. <Ref>Chazon Ovadyah (Arba Taaniyot pg 156), Nitai Gavriel 15:6, Shearim Metzuyanim Bihalacha 122:1. See also Yalkut Yosef (Moadim, 5748 edition, pg 554), Biur Halacha 551:2 "mimaatim", Iggerot Moshe OC 3:87, Rivevot Ephraim 6:291:1, Torat Hamoadim page 123, Betzel Hachochma 6:61, Kinyan Torah 2:99. </ref>
===Music Lessons===
===Music Lessons===
# Some poskim permit taking music lessons if they are not for pleasure and one will lose skills because of the time off. <ref> Sh"t Tzitz Eliezer 16:19. Kaf Hachayim 551:41 writes that preferably it should not be done, and even if one is lenient it should only be sad songs. Miyum Hahalacha 1:83, Emet Liyaakov 551:footnote 506 also say that it is preferable not to. The Pri Megadim Esehl Avraham 551:10 writes that parallel to the concept of davar ha'aved on [[chol hamoed]], the rabbis permitted somebody who needs to dance or play music for livelihood to do so. </ref>
# Some poskim permit taking music lessons if they are not for pleasure and one will lose skills because of the time off. <ref> Sh"t Tzitz Eliezer 16:19. Kaf Hachayim 551:41 writes that preferably it should not be done, and even if one is lenient it should only be sad songs. Miyum Hahalacha 1:83, Emes Liyaakov 551:footnote 506 also say that it is preferable not to. The Pri Megadim Esehl Avraham 551:10 writes that parallel to the concept of davar ha'aved on [[chol hamoed]], the rabbis permitted somebody who needs to dance or play music for livelihood to do so. </ref>
==Meat and wine==
==Meat and wine==
# The Ashkenazic and Sephardic custom is to refrain from meat, poultry, and wine during the nine days. Ashkenazim include [[Rosh Chodesh]] in this prohibition, while Sephardim are lenient regarding the day of [[Rosh Chodesh]] itself and some Sephardim are strict. <Ref> The gemara Baba Batra 60b quotes the opinion of Rabbi Yishmael Ben Elisha that after the destruction of the Beit HaMikdash, it would have been appropriate for the rabbis to ban eating meat and drinking wine in order to properly mourn. However, since most of the congregation would not be able to abide by this, the rabbis never made it. Biur HaGra OC 551:9 writes that this is the source for refraining from eating meat and drinking wine prior to Tisha B'Av, that although it is impossible to ban eating meat and drinking wine throuvghout the year, it is possible to refrain from meat and wine for a short period of time.The Mishna in Taanit 26b the Gemara 30a discuss the prohibition of eating meat during the seudat hamakseket prior to tisha b'av. Rambam Hilchot Taaniot 5:6 says that the custom is to extend the prohibition beyond that meal. He says that some don't eat meat during the week of tisha b'av, and some don't eat from rosh chodesh av and onward. S"A 551:9 writes that there are three customs about not eating meat and drinking wine; some refrain only for the week on Tisha BeAv, some refrain for the nine days (from [[Rosh Chodesh]] Av), some refrain for the whole three weeks. Mishna Brurah 551:58 writes that the Ashkenazic custom is not to eat meat or drink wine for the nine days including [[Rosh Chodesh]] Av but excluding Shabbat (Mishna Berura 551:59). This is also written in the [http://www.torah.org/advanced/weekly-halacha/5762/devarim.html Weekly Halacha by Rabbi Neustadt]. Sh"t Yachava Daat 1:41, Moed Likol Chai 9:15 and Kaf Hachayim 551:125 write that the Sephardic custom is to refrain from eating meat and wine during the nine days, however, on [[Rosh Chodesh]] the minhag is to be lenient, however, some are strict. See also Chazon Ovadyah (Arba Taniyot pg 169) and Halachot and History of The Three Weeks (by Rabbi Shlomo Churba, pg 37) who also write that the Sephardic custom is not to eat meat, poultry or wine in the nine days. </ref>
# The Ashkenazic and Sephardic custom is to refrain from meat, poultry, and wine during the nine days. Ashkenazim include [[Rosh Chodesh]] in this prohibition, while Sephardim are lenient regarding the day of [[Rosh Chodesh]] itself and some Sephardim are strict. <Ref> The gemara Baba Batra 60b quotes the opinion of Rabbi Yishmael Ben Elisha that after the destruction of the Beit HaMikdash, it would have been appropriate for the rabbis to ban eating meat and drinking wine in order to properly mourn. However, since most of the congregation would not be able to abide by this, the rabbis never made it. Biur HaGra OC 551:9 writes that this is the source for refraining from eating meat and drinking wine prior to Tisha B'Av, that although it is impossible to ban eating meat and drinking wine throuvghout the year, it is possible to refrain from meat and wine for a short period of time.The Mishna in Taanit 26b the Gemara 30a discuss the prohibition of eating meat during the seudat hamakseket prior to tisha b'av. Rambam Hilchot Taaniot 5:6 says that the custom is to extend the prohibition beyond that meal. He says that some don't eat meat during the week of tisha b'av, and some don't eat from rosh chodesh av and onward. S"A 551:9 writes that there are three customs about not eating meat and drinking wine; some refrain only for the week on Tisha BeAv, some refrain for the nine days (from [[Rosh Chodesh]] Av), some refrain for the whole three weeks. Mishna Brurah 551:58 writes that the Ashkenazic custom is not to eat meat or drink wine for the nine days including [[Rosh Chodesh]] Av but excluding Shabbat (Mishna Berura 551:59). This is also written in the [http://www.torah.org/advanced/weekly-halacha/5762/devarim.html Weekly Halacha by Rabbi Neustadt]. Sh"t Yachava Daat 1:41, Moed Likol Chai 9:15 and Kaf Hachayim 551:125 write that the Sephardic custom is to refrain from eating meat and wine during the nine days, however, on [[Rosh Chodesh]] the minhag is to be lenient, however, some are strict. See also Chazon Ovadyah (Arba Taniyot pg 169) and Halachot and History of The Three Weeks (by Rabbi Shlomo Churba, pg 37) who also write that the Sephardic custom is not to eat meat, poultry or wine in the nine days. </ref>
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== Miscellaneous ==  
== Miscellaneous ==  
# During the three weeks one should refrain from going to dangerous places and should be even more careful during the nine days. <ref> Piskei Teshuvot 551:1, 46. also see [http://www.dailyhalacha.com/displayRead.asp?readID=1682 Rabbi Eli Mansour on dailyhalacha.com] </ref>  
# During the three weeks one should refrain from going to dangerous places and should be even more careful during the nine days. <ref> Piskei Teshuvot 551:1, 46. also see [http://www.dailyhalacha.com/displayRead.asp?readID=1682 Rabbi Eli Mansour on dailyhalacha.com] </ref>  
# One should not schedule surgery for during the 3 weeks, and certainly not during the 9 days, unless the doctor insists that it cannot be postponed. <ref> Piskei Teshuvot 551:1 </ref>  
# One should not schedule surgery for during the 3 weeks, and certainly not during the 9 days, unless the doctor insists that it cannot be postponed. <ref> Piskei Teshuvot 551:1, Rav Moshe Feinstein quoted in Moadei Yeshurun page 130:footnote 44, Emes Liyaakov
551:footnote 515, Nitai Gavriel 23:8. </ref>
# During the three weeks a Rabbi should be careful not to hit his students <ref> Shulchan Aruch 551:18, Shulchan Shlomo 18, Chayei Adom 133:8. Mishna Berura 551:103, Baer Heitev 551:41, Taz, Levush, Eshel Avraham Butchatch 551:18, Chayei Adam 133:8 and Aruch Hashulchan 551:39 add that this includes hitting with a strap. Kaf Hachayim 551:232 says that one should refrain even from the slightest hit. </ref> and a parent should not hit his child. <ref> Kitzur S”A 122:2, Kaf Hachayim 551:230, Orchos Rabbeinu 2: page 129:14 </ref>
# If a Jew has to have a lawsuit with a non-Jew, he should evade having it with him in Av, as this is a time of ill fortune for a Jew. <ref> S"A 551:1, Taanit 29b. Mishna Berura 551:2 based on the Magen Avraham 551:2 says that this applies throughout the month of av until rosh chodesh elul, but at the minimum until tisha b'av. This is the ruling of the Chayei Adam 133:9, Kitzur S"A 122:7. Ben Ish Chai Devarim Halacha 1 says one should preferably wait until the fifteenth of av but really one has to wait until the tenth. </ref>
# If a Jew has to have a lawsuit with a non-Jew, he should evade having it with him in Av, as this is a time of ill fortune for a Jew. <ref> S"A 551:1, Taanit 29b. Mishna Berura 551:2 based on the Magen Avraham 551:2 says that this applies throughout the month of av until rosh chodesh elul, but at the minimum until tisha b'av. This is the ruling of the Chayei Adam 133:9, Kitzur S"A 122:7. Ben Ish Chai Devarim Halacha 1 says one should preferably wait until the fifteenth of av but really one has to wait until the tenth. </ref>
# Although some have the custom to fast during every day between the seventeenth of tammuz until the ninth of av, this should not be kept by a teacher of torah or somebody who is learning. <ref> Tur 551 and S”A 551:16 as well as the Chayei Adam 133:8 raise this minhag, but Birkei Yosef 551:7, Shaare Teshuva on S”A 551:16, Kaf Hachayim 551:191 and Mishna Berura 90 say that this should not be done by a talmid chacham because he will not be able to focus on learning. </ref>  
# Although some have the custom to fast during every day between the seventeenth of tammuz until the ninth of av, this should not be kept by a teacher of torah or somebody who is learning. <ref> Tur 551 and S”A 551:16 as well as the Chayei Adam 133:8 raise this minhag, but Birkei Yosef 551:7, Shaare Teshuva on S”A 551:16, Kaf Hachayim 551:191 and Mishna Berura 90 say that this should not be done by a talmid chacham because he will not be able to focus on learning. </ref>