16,374
edits
Three Weeks: Difference between revisions
From Halachipedia
m
Text replace - " Rosh Chodesh" to " Rosh Chodesh"
m (Text replace - "Talit" to "Talit") |
m (Text replace - " Rosh Chodesh" to " Rosh Chodesh") |
||
| Line 1: | Line 1: | ||
[[Image:Destruction_temple.jpg|200px|right]] | [[Image:Destruction_temple.jpg|200px|right]] | ||
The Three Weeks is a period of time from the fast of [[Shiva Asar BeTamuz]] until Tisha BeAv. There are a number of practices of mourning observed in this time in memory of the destruction of the Bet HaMikdash. Starting from Rosh Chodesh Av there is another period called the Nine Days which includes even more stringent practices of mourning. For the laws of the Nine Days, please see the [[Nine Days]] page. | The Three Weeks is a period of time from the fast of [[Shiva Asar BeTamuz]] until Tisha BeAv. There are a number of practices of mourning observed in this time in memory of the destruction of the Bet HaMikdash. Starting from [[Rosh Chodesh]] Av there is another period called the Nine Days which includes even more stringent practices of mourning. For the laws of the Nine Days, please see the [[Nine Days]] page. | ||
==When does the Three Weeks begin?== | ==When does the Three Weeks begin?== | ||
# The Ashkenazic minhag is to begin mourning from the fast of [[Shiva Asar BeTamuz]]. <ref> Rama 551:2 and 4</ref> Many authorities hold that the practices of mourning begin from the night of [[Shiva Asar BeTamuz]] (before the actual fast begins). <ref> | # The Ashkenazic minhag is to begin mourning from the fast of [[Shiva Asar BeTamuz]]. <ref> Rama 551:2 and 4</ref> Many authorities hold that the practices of mourning begin from the night of [[Shiva Asar BeTamuz]] (before the actual fast begins). <ref> | ||
| Line 11: | Line 11: | ||
* The Sh"t Maharil 15 writes that one shouldn't make a Shehecheyanu on a new fruit or new clothing during the Three Weeks. S"A 551:17 codifies this as halacha saying that it is good not to say Shehecheyanu during the Three Weeks. Bach 551 (at the end) agrees and writes because of this one shouldn't eat a new fruit or wear new clothing. | * The Sh"t Maharil 15 writes that one shouldn't make a Shehecheyanu on a new fruit or new clothing during the Three Weeks. S"A 551:17 codifies this as halacha saying that it is good not to say Shehecheyanu during the Three Weeks. Bach 551 (at the end) agrees and writes because of this one shouldn't eat a new fruit or wear new clothing. | ||
* The Bach 551 writes that because of avoiding situations which would obligate [[Shehecheyanu]] one shouldn't buy or wear new clothing during the Three Weeks. Kaf HaChaim 551:210 agrees. Mishna Brurah 551:99 writes that one shouldn't wear the new clothing. Although the Bear Mayim Chaim 7 writes that the only issue is not to make the bracha of [[Shehecheyanu]], however, one may eat a new fruit and just not make [[Shehecheyanu]], the Maamer Mordechai 551:14 rejects this idea and doesn't allow eating the new fruit. The Mishna Brurah 551:99 and Kaf HaChaim 551:207 agree with the Maamer Mordechai. | * The Bach 551 writes that because of avoiding situations which would obligate [[Shehecheyanu]] one shouldn't buy or wear new clothing during the Three Weeks. Kaf HaChaim 551:210 agrees. Mishna Brurah 551:99 writes that one shouldn't wear the new clothing. Although the Bear Mayim Chaim 7 writes that the only issue is not to make the bracha of [[Shehecheyanu]], however, one may eat a new fruit and just not make [[Shehecheyanu]], the Maamer Mordechai 551:14 rejects this idea and doesn't allow eating the new fruit. The Mishna Brurah 551:99 and Kaf HaChaim 551:207 agree with the Maamer Mordechai. | ||
* The Rabbenu Shevet (quoted by the Mordechai Taanit 633) writes that one may not fix or wear new clothes during the week in which Tisha BeAv falls and adds that it is proper to be strict about this during the Nine Days. He bases this on the Yerushalmi (Pesachim 4:1) which says that it is a proper minhag not to sew from the beginning of Av. Bet Yosef 551:6 explains that although the Yerushalmi said not to sew during the Nine Days, that's only a minhag, however, there is only an actual prohibition during the week in which Tisha BeAv falls out. S"A 551:6 rules that it is forbidden to wear new clothes during the week in which Tisha BeAv falls out and the Rama adds that the Ashkenazic minhag is to be strict on this starting from Rosh Chodesh Av (during the entire Nine Days). The Magen Avraham 551:21 is bothered why there is another prohibition to wear new clothes (S"A 551:6) if one can't wear new clothes anyway because of avoiding making Shehecheyanu during the entire Three Weeks (S"A 551:17). See there where he gives 2 answers. The Kaf HaChaim 551:88 answers that avoiding Shehecheyanu is only considered preferable by S"A 551:17, while not wearing new clothes during the week during which Tisha BeAv falls out is an actual prohibition. | * The Rabbenu Shevet (quoted by the Mordechai Taanit 633) writes that one may not fix or wear new clothes during the week in which Tisha BeAv falls and adds that it is proper to be strict about this during the Nine Days. He bases this on the Yerushalmi (Pesachim 4:1) which says that it is a proper minhag not to sew from the beginning of Av. Bet Yosef 551:6 explains that although the Yerushalmi said not to sew during the Nine Days, that's only a minhag, however, there is only an actual prohibition during the week in which Tisha BeAv falls out. S"A 551:6 rules that it is forbidden to wear new clothes during the week in which Tisha BeAv falls out and the Rama adds that the Ashkenazic minhag is to be strict on this starting from [[Rosh Chodesh]] Av (during the entire Nine Days). The Magen Avraham 551:21 is bothered why there is another prohibition to wear new clothes (S"A 551:6) if one can't wear new clothes anyway because of avoiding making Shehecheyanu during the entire Three Weeks (S"A 551:17). See there where he gives 2 answers. The Kaf HaChaim 551:88 answers that avoiding Shehecheyanu is only considered preferable by S"A 551:17, while not wearing new clothes during the week during which Tisha BeAv falls out is an actual prohibition. | ||
* Nonetheless, in light of S"A 551:17's ruling to avoid Shehecheyanu, Mishna Brurah 551:99 writes that one shouldn't eat a new fruit or wear new clothing during the Three Weeks. Chazon Ovadyah (Arba Taniyot p. 129) agrees.</ref> | * Nonetheless, in light of S"A 551:17's ruling to avoid Shehecheyanu, Mishna Brurah 551:99 writes that one shouldn't eat a new fruit or wear new clothing during the Three Weeks. Chazon Ovadyah (Arba Taniyot p. 129) agrees.</ref> | ||
# During the Nine Days one should not buy new clothing.<ref>Rama 551:7 writes that buying new clothing is forbidden during the Nine Days just like fixing new clothing (which is discussed in the previous footnote). The Mishna Brurah 551:49 writes that it's forbidden to buy new clothes even if one will only wear them after Tisha BeAv. Kaf HaChaim 551:103 agrees.</ref> | # During the Nine Days one should not buy new clothing.<ref>Rama 551:7 writes that buying new clothing is forbidden during the Nine Days just like fixing new clothing (which is discussed in the previous footnote). The Mishna Brurah 551:49 writes that it's forbidden to buy new clothes even if one will only wear them after Tisha BeAv. Kaf HaChaim 551:103 agrees.</ref> | ||
| Line 24: | Line 24: | ||
==Weddings== | ==Weddings== | ||
# The Ashkenazic custom is not to get married during the three weeks. <ref> Rama 551:2 and Darchei Moshe 551:5 based on the Sefer Haminhagim, Chayei Adam 133:8, Kitzur Shulchan Aruch 122:1, Hilchot UMinhagei Ben HaMetsarim (Rabbi Moshe Karp) 3:1 </ref> Among Sephardim, some have just the custom not to get married during the nine days (from [[Rosh Chodesh]] Av until Tisha BeAv) <ref> S"A 551:2, based on gemara Yevamot 43b, Yalkut Yosef (Moadim, 5748 edition, pg 554, Chazon Ovadyah (Arba Taaniyot pg 140), Sh"t Yabia Omer OC 6:43 </ref> and some have the custom not to get married the entire three weeks. <ref> Ben Ish Chai Parashat Devarim Halacha 4 based on the Shyarei Knesset hegedola, Sdei Chemed 6 MarechestBein Hametzarim 1:10, [http://www.dailyhalacha.com/displayRead.asp?readID=946 Rabbi Mansour on DailyHalacha.com] says that this is the Syrian minhag. </ref> It is permitted for an Ashkenazi to attend a sefardi wedding before Rosh Chodesh Av, and they may even dance at the wedding. <ref> Rivevot Ephraim 6:289, Or Litzion 3:25:1 with footnote 1, Teshuvot Vihanhagot 4:128, Nitai Gavriel 14:10:footnote 20. </ref> | # The Ashkenazic custom is not to get married during the three weeks. <ref> Rama 551:2 and Darchei Moshe 551:5 based on the Sefer Haminhagim, Chayei Adam 133:8, Kitzur Shulchan Aruch 122:1, Hilchot UMinhagei Ben HaMetsarim (Rabbi Moshe Karp) 3:1 </ref> Among Sephardim, some have just the custom not to get married during the nine days (from [[Rosh Chodesh]] Av until Tisha BeAv) <ref> S"A 551:2, based on gemara Yevamot 43b, Yalkut Yosef (Moadim, 5748 edition, pg 554, Chazon Ovadyah (Arba Taaniyot pg 140), Sh"t Yabia Omer OC 6:43 </ref> and some have the custom not to get married the entire three weeks. <ref> Ben Ish Chai Parashat Devarim Halacha 4 based on the Shyarei Knesset hegedola, Sdei Chemed 6 MarechestBein Hametzarim 1:10, [http://www.dailyhalacha.com/displayRead.asp?readID=946 Rabbi Mansour on DailyHalacha.com] says that this is the Syrian minhag. </ref> It is permitted for an Ashkenazi to attend a sefardi wedding before [[Rosh Chodesh]] Av, and they may even dance at the wedding. <ref> Rivevot Ephraim 6:289, Or Litzion 3:25:1 with footnote 1, Teshuvot Vihanhagot 4:128, Nitai Gavriel 14:10:footnote 20. </ref> | ||
# It is permitted to become engaged or write tenaim during the Nine Days, and even on Tisha B’Av itself as long as there is no meal to celebrate or music and dancing. <ref> S"A 551:2 with Magen Avraham 551:10, and Mishna Berura 551:16 and 19, Tur 551 in the name of Rav Nissim, Kitzur Shulchan Aruch 122:1, Pri Megadim Eshel Avraham 551:10, Baer Heitev 551:11, Moed Likol Chai 9:18, Ben Ish Chai Parashat Devarim 1:5, Chayei Adam 133:8, Aruch Hashulchan 551:8 </ref> Until Rosh Chodesh, one is allowed to celebrate the engagement with a festive meal. <ref> Mishna Berura 551:19 </ref> | # It is permitted to become engaged or write tenaim during the Nine Days, and even on Tisha B’Av itself as long as there is no meal to celebrate or music and dancing. <ref> S"A 551:2 with Magen Avraham 551:10, and Mishna Berura 551:16 and 19, Tur 551 in the name of Rav Nissim, Kitzur Shulchan Aruch 122:1, Pri Megadim Eshel Avraham 551:10, Baer Heitev 551:11, Moed Likol Chai 9:18, Ben Ish Chai Parashat Devarim 1:5, Chayei Adam 133:8, Aruch Hashulchan 551:8 </ref> Until [[Rosh Chodesh]], one is allowed to celebrate the engagement with a festive meal. <ref> Mishna Berura 551:19 </ref> | ||
==Cutting Hair== | ==Cutting Hair== | ||
# According to Ashkenazim it’s forbidden to cut one’s hair for the entire three weeks, however, according to Sephardim one can cut hair until the week of Tisha BeAv. <Ref> The Gemara in Taanit 26b says that one shouldn’t cut one’s hair the week of Tisha BeAv. This Gemara is brought as Halacha by the Rambam (Taaniot 5:6). The Ramban (Torat HaAdam (Aveilut Yishana pg 346) explains that this prohibition applies to all hair on the body except the mustache if it interferes with eating. The Tur and S”A 551:3,12-13 rule like the Ramban that during the week of Tisha BeAv one is forbidden to cut any hair on one’s body except if there’s facial hair interfering with eating. Chazon Ovadyah (Arba Taniyot pg 158) and Ben Ish Chai Devarim 12 write that this is Sephardic custom. However, Darkei Moshe 551:5 and Rama 551:4 rules that Ashkenazim should be strict not to cut hair all three weeks like the Sefer Minhagim (pg 74). Levush 3, Chayei Adam 133:8, Mishna Berura 551:82, Aruch Hashulchan 551:31, Kitzur S"A 122:3. Aruch Hashulchan 551:16 says the reason for this is that if we were allowed to get haircuts until Rosh Chodesh Av it would not be clear that we grew our hair for mourning, therefore we stop cutting it for the entire three weeks. </ref> One should wait until after chatzot on the tenth of Av to get a haircut. <ref> Aruch Hashulchan 551:16. </ref> | # According to Ashkenazim it’s forbidden to cut one’s hair for the entire three weeks, however, according to Sephardim one can cut hair until the week of Tisha BeAv. <Ref> The Gemara in Taanit 26b says that one shouldn’t cut one’s hair the week of Tisha BeAv. This Gemara is brought as Halacha by the Rambam (Taaniot 5:6). The Ramban (Torat HaAdam (Aveilut Yishana pg 346) explains that this prohibition applies to all hair on the body except the mustache if it interferes with eating. The Tur and S”A 551:3,12-13 rule like the Ramban that during the week of Tisha BeAv one is forbidden to cut any hair on one’s body except if there’s facial hair interfering with eating. Chazon Ovadyah (Arba Taniyot pg 158) and Ben Ish Chai Devarim 12 write that this is Sephardic custom. However, Darkei Moshe 551:5 and Rama 551:4 rules that Ashkenazim should be strict not to cut hair all three weeks like the Sefer Minhagim (pg 74). Levush 3, Chayei Adam 133:8, Mishna Berura 551:82, Aruch Hashulchan 551:31, Kitzur S"A 122:3. Aruch Hashulchan 551:16 says the reason for this is that if we were allowed to get haircuts until [[Rosh Chodesh]] Av it would not be clear that we grew our hair for mourning, therefore we stop cutting it for the entire three weeks. </ref> One should wait until after chatzot on the tenth of Av to get a haircut. <ref> Aruch Hashulchan 551:16. </ref> | ||
# For Sephardim it’s permitted to take a hair cut during the three weeks even a Sephardic Yeshiva Bachur in a Ashkenazi Yeshiva <Ref>Sh”t Yechave Daat 4:36, 3:39, Sh”t Yabea Omer 3:31:5, Yalkut Yosef (Kitzur S”A 551(2):11) </ref> however, it’s preferable to be strict not to cut the entire three weeks. <Ref>Chazon Ovadyah (Arba Taniyot pg 158-9) </ref> | # For Sephardim it’s permitted to take a hair cut during the three weeks even a Sephardic Yeshiva Bachur in a Ashkenazi Yeshiva <Ref>Sh”t Yechave Daat 4:36, 3:39, Sh”t Yabea Omer 3:31:5, Yalkut Yosef (Kitzur S”A 551(2):11) </ref> however, it’s preferable to be strict not to cut the entire three weeks. <Ref>Chazon Ovadyah (Arba Taniyot pg 158-9) </ref> | ||
# A woman who needs to cut her hair in order to get married, all the more so if she's already engaged, or if a woman has the custom to cut her hair before going to the mikveh, it's permissible to do so during the three weeks. <Ref>Chazon Ovadyah (Arba Taniyot pg 163), Shalmei Moed (pg 477), Iggerot Moshe YD 2:137, Halichot Shelomo 3:14, Devar Halachah 10. </ref> | # A woman who needs to cut her hair in order to get married, all the more so if she's already engaged, or if a woman has the custom to cut her hair before going to the mikveh, it's permissible to do so during the three weeks. <Ref>Chazon Ovadyah (Arba Taniyot pg 163), Shalmei Moed (pg 477), Iggerot Moshe YD 2:137, Halichot Shelomo 3:14, Devar Halachah 10. </ref> | ||
| Line 44: | Line 44: | ||
Since S”A 551:12 rules that it’s forbidden to cut any hair on one’s body during the week of Tisha BeAv as a din from the Gemara it would seem clear that it’s forbidden to shave during the week of Tisha BeAv. Additionally, Ashkenazim who follow the Rama shouldn’t be able to shave during the entire three weeks as Rama 551:4 writes that the minhagim of the week of Tisha BeAv apply to the entire three weeks. However, there are several leniencies in the Achronim. | Since S”A 551:12 rules that it’s forbidden to cut any hair on one’s body during the week of Tisha BeAv as a din from the Gemara it would seem clear that it’s forbidden to shave during the week of Tisha BeAv. Additionally, Ashkenazim who follow the Rama shouldn’t be able to shave during the entire three weeks as Rama 551:4 writes that the minhagim of the week of Tisha BeAv apply to the entire three weeks. However, there are several leniencies in the Achronim. | ||
* (1) Shaving Regularly: Magan Avraham 551:14 explains that the reason the Rama is strict by cutting hair all three week and is lenient by washing clothes (that it should only begin from [[Rosh Chodesh]] Av) is because it wasn’t common to cut hair every week. This Magan Avraham is brought by the Achronim including the Chaye Adam 133:17, and Mishna Brurah 551:32. Additionally, Aruch HaShulchan 551:16 explains that it takes 3 weeks of not cutting hair to make it recognizable that one is in mourning. Based on this, Shearim Metzuyanim BeHalacha 122:5 says that those who usually shave every 2-3 days should be able to shave since for them it’s just like washing clothes. Rav Ovadyah in Chazon Ovadyah (Vol Arba Taniot pg 162) based on this M”A says that seemingly, Ashkenazim should be allowed to shave for Kavod [[Shabbat]] prior to the week of Tisha BeAv. However, Sh”t Shaar Zekenim pg 88a (quoted by Kaf HaChaim 551:65), Shivilei Dovid 551:4, and Rav Vozner in Sh”t Shevet HaLevi 10:81:3 reject this leniency based on the minhag to be strict for all circumstances. | * (1) Shaving Regularly: Magan Avraham 551:14 explains that the reason the Rama is strict by cutting hair all three week and is lenient by washing clothes (that it should only begin from [[Rosh Chodesh]] Av) is because it wasn’t common to cut hair every week. This Magan Avraham is brought by the Achronim including the Chaye Adam 133:17, and Mishna Brurah 551:32. Additionally, Aruch HaShulchan 551:16 explains that it takes 3 weeks of not cutting hair to make it recognizable that one is in mourning. Based on this, Shearim Metzuyanim BeHalacha 122:5 says that those who usually shave every 2-3 days should be able to shave since for them it’s just like washing clothes. Rav Ovadyah in Chazon Ovadyah (Vol Arba Taniot pg 162) based on this M”A says that seemingly, Ashkenazim should be allowed to shave for Kavod [[Shabbat]] prior to the week of Tisha BeAv. However, Sh”t Shaar Zekenim pg 88a (quoted by Kaf HaChaim 551:65), Shivilei Dovid 551:4, and Rav Vozner in Sh”t Shevet HaLevi 10:81:3 reject this leniency based on the minhag to be strict for all circumstances. | ||
* (2) Uncomfortable: (a) Rabbi Elazar Melamed in Peninei Halacha (zmanim pg 154-5) writes that if a person shaves everyday it’s very uncomfortable not to shave and it’s similar to S”A 551:13 that permits shaving a moustache that interferes with eating. (b)Rav Soloveitchik (quoted by Nefesh HaRav, Rav Schachter pg 191 and Shiurei Harav Al Inyanei Aveilut V'Tisha B'Av, pages 20-21 compared the three weeks to the Avielut of a year, the week of Tisha BeAv (or according to Ashkenazim, from Rosh Chodesh) compares to the Avielut of Shloshim, and Tisha BeAv itself is like Avielut of Shiva. Accordingly, Rav Shechter writes that one who regularly shaves everyday would be allowed to shave everyday until [[Rosh Chodesh]] Av. (Rav Shechter supports this comparison from Sh”t Panim Meirot 3:37e, and goes so far as to question Sh”t Igrot Moshe Y”D 2:137 who compares the week of Tisha BeAv to Avielut of Shiva.) | * (2) Uncomfortable: (a) Rabbi Elazar Melamed in Peninei Halacha (zmanim pg 154-5) writes that if a person shaves everyday it’s very uncomfortable not to shave and it’s similar to S”A 551:13 that permits shaving a moustache that interferes with eating. (b)Rav Soloveitchik (quoted by Nefesh HaRav, Rav Schachter pg 191 and Shiurei Harav Al Inyanei Aveilut V'Tisha B'Av, pages 20-21 compared the three weeks to the Avielut of a year, the week of Tisha BeAv (or according to Ashkenazim, from [[Rosh Chodesh]]) compares to the Avielut of Shloshim, and Tisha BeAv itself is like Avielut of Shiva. Accordingly, Rav Shechter writes that one who regularly shaves everyday would be allowed to shave everyday until [[Rosh Chodesh]] Av. (Rav Shechter supports this comparison from Sh”t Panim Meirot 3:37e, and goes so far as to question Sh”t Igrot Moshe Y”D 2:137 who compares the week of Tisha BeAv to Avielut of Shiva.) | ||
* (3) Shaving Specifically: Seemingly, from S”A 551:12 all bodily hair can’t be cut including shaving a beard. However, Sh”t Chatom Sofer Y”D 348 D”H VeIy Galach writes that the entire prohibition only applies to cutting one’s hair but the poskim never spoke about shaving facial hair. This chiluk is also made by the Sh”t Nodeh BeYehuda O”C 14. Shearim Metsuyim BeHalacha 122:5 brings these achronim as halacha for someone who needs to shave for work. | * (3) Shaving Specifically: Seemingly, from S”A 551:12 all bodily hair can’t be cut including shaving a beard. However, Sh”t Chatom Sofer Y”D 348 D”H VeIy Galach writes that the entire prohibition only applies to cutting one’s hair but the poskim never spoke about shaving facial hair. This chiluk is also made by the Sh”t Nodeh BeYehuda O”C 14. Shearim Metsuyim BeHalacha 122:5 brings these achronim as halacha for someone who needs to shave for work. | ||
* (4) Monetary loss: (a)Sh”t Maharam Shik Y”D 371 writes that there is what to defend those who it’s difficult to do business with important people without shaving and during the year they regularly shave every 2-3 days to continue in the three weeks until the week of Tisha BeAv. (b) Sh”t Igrot Moshe C”M 1:93, O”C 4:102, 5:24:9 writes that by loosing a business deal or customers that will effect one’s income after Tisha BeAv, one can shave until the week of Tisha BeAv, but during the week of Tisha BeAv itself it’s only permissible to shave if one will not be able to make an income after Tisha BeAv or without working one needs to borrow money and it’s difficult to find someone to borrow from). (c) Maadenei Shlomo pg 51 brings Rav Shlomo Zalman Auerbach who says that if there’s a chance you’ll loose you’re job you can shave (even during the week of Tisha BeAv). Halichot Shlomo pg 414 brings Rav Shlomo Zalman Aurbach who says that it’s permissible for a person who is endanger of losing a lot of money or his job may shave during the three weeks. (d)Shearim Metsuyim BeHalacha brings the Taz 551:1 (brought by Mishna Brurah 551:12) that says nowadays we don’t decrease our business activity during this time since we have to pay government taxes and all income is included in our Parnasa and therefore here too if there’s a chance of losing Parnasa that can be considered a concern of loss of money. | * (4) Monetary loss: (a)Sh”t Maharam Shik Y”D 371 writes that there is what to defend those who it’s difficult to do business with important people without shaving and during the year they regularly shave every 2-3 days to continue in the three weeks until the week of Tisha BeAv. (b) Sh”t Igrot Moshe C”M 1:93, O”C 4:102, 5:24:9 writes that by loosing a business deal or customers that will effect one’s income after Tisha BeAv, one can shave until the week of Tisha BeAv, but during the week of Tisha BeAv itself it’s only permissible to shave if one will not be able to make an income after Tisha BeAv or without working one needs to borrow money and it’s difficult to find someone to borrow from). (c) Maadenei Shlomo pg 51 brings Rav Shlomo Zalman Auerbach who says that if there’s a chance you’ll loose you’re job you can shave (even during the week of Tisha BeAv). Halichot Shlomo pg 414 brings Rav Shlomo Zalman Aurbach who says that it’s permissible for a person who is endanger of losing a lot of money or his job may shave during the three weeks. (d)Shearim Metsuyim BeHalacha brings the Taz 551:1 (brought by Mishna Brurah 551:12) that says nowadays we don’t decrease our business activity during this time since we have to pay government taxes and all income is included in our Parnasa and therefore here too if there’s a chance of losing Parnasa that can be considered a concern of loss of money. | ||
* <div id="shavingforkavodshabbos"></div> (4) Kavod [[Shabbat]]: (a) Magan Avraham 551:14 and Mishna Brurah 551:32 write that the prohibition of cutting hair applies even for Kavod [[Shabbat]] (unlike laundering which is relaxed for Kavod [[Shabbat]] for someone who doesn't have other clothes, because people don't cut their hair either way weekly). Yet, Pri Megadim (A”A 551:14) writes that according to Rama one can shave in honor of [[Shabbat]] until [[Rosh Chodesh]] Av. However, Mateh Yehuda 551:4 writes that even in honor of [[Shabbat]] one can’t shave during the three weeks. (b) On this dispute, Kaf HaChaim 551:66 writes that in this regard in depends on the minhag of the place (to follow the Pri Megadim or not), and Rabbi Moshe Karp in Hilchot UMinhagei Ben HaMeysarim (pg 25) writes that the Pri Megadim was more in line with minhag Ashkenaz than the Mateh Yehuda and there’s a lot to rely on to follow Pri Megadim. (c) Even on the original position of the Magan Avraham, the Hagahot Rabbi Akiva Eiger and Buir Halacha 551:3 D”H VeChen (based on Tosfot Tanit and the Yerushalmi) argue that cutting hair should be permissible for Kavod [[Shabbat]] even for [[Shabbat]] Chazon. [However, the Rishonim themselves don’t all agree with Tosfot including the Kol Bo (quoted in Bet Yosef 551:4) who wouldn’t shave before [[Shabbat]] chazon and the Bet Yosef (who argues on Tosfot that it’s impossible to think that it’s permissible to cut hair on Tisha BeAv for Kavod [[Shabbat]]).] (d) Ashkenazim: Sh”t Ner Ezra (vol 2 pg 155-8) concludes that one can be lenient to shave for Kavod [[Shabbat]] and quotes Rav Aharon Lichtenstein who agrees. [http://www.torah.org/advanced/weekly-halacha/5762/pinchas.html Weekly Parsha Halacha by Rabbi Neustadt] writes that since many do shave regularly (more than once a week) there is a basis for the lenient minhag (based on the logic of the Magan Avraham). Nonetheless, the Shemirat Shabbat KeHilchata 42:52 writes simply like the Mishna Brurah not to shave during the three weeks even for Kavod [[Shabbat]]. (e)Sephardim: Rav Ovadyah Yosef (Sh"t Yachava Daat 3:39, Sh”t Yabea Omer 3:31:5; Chazon Ovadyah pg 162) writes that there is what to rely on to shave Friday of [[Shabbat]] Chazon if ones beard is uncomfortable, and certainly there’s what to rely on for Ashkenazim to shave for Kavod [[Shabbat]] during the rest of the three weeks. (e) Someone in doubt: Rabbi Robinowitz (quoted in Peninei Halacha by 156) says that a person should follow the minhag of his father so as not to appear more lenient or strict that his father. </ref> | * <div id="shavingforkavodshabbos"></div> (4) Kavod [[Shabbat]]: (a) Magan Avraham 551:14 and Mishna Brurah 551:32 write that the prohibition of cutting hair applies even for Kavod [[Shabbat]] (unlike laundering which is relaxed for Kavod [[Shabbat]] for someone who doesn't have other clothes, because people don't cut their hair either way weekly). Yet, Pri Megadim (A”A 551:14) writes that according to Rama one can shave in honor of [[Shabbat]] until [[Rosh Chodesh]] Av. However, Mateh Yehuda 551:4 writes that even in honor of [[Shabbat]] one can’t shave during the three weeks. (b) On this dispute, Kaf HaChaim 551:66 writes that in this regard in depends on the minhag of the place (to follow the Pri Megadim or not), and Rabbi Moshe Karp in Hilchot UMinhagei Ben HaMeysarim (pg 25) writes that the Pri Megadim was more in line with minhag Ashkenaz than the Mateh Yehuda and there’s a lot to rely on to follow Pri Megadim. (c) Even on the original position of the Magan Avraham, the Hagahot Rabbi Akiva Eiger and Buir Halacha 551:3 D”H VeChen (based on Tosfot Tanit and the Yerushalmi) argue that cutting hair should be permissible for Kavod [[Shabbat]] even for [[Shabbat]] Chazon. [However, the Rishonim themselves don’t all agree with Tosfot including the Kol Bo (quoted in Bet Yosef 551:4) who wouldn’t shave before [[Shabbat]] chazon and the Bet Yosef (who argues on Tosfot that it’s impossible to think that it’s permissible to cut hair on Tisha BeAv for Kavod [[Shabbat]]).] (d) Ashkenazim: Sh”t Ner Ezra (vol 2 pg 155-8) concludes that one can be lenient to shave for Kavod [[Shabbat]] and quotes Rav Aharon Lichtenstein who agrees. [http://www.torah.org/advanced/weekly-halacha/5762/pinchas.html Weekly Parsha Halacha by Rabbi Neustadt] writes that since many do shave regularly (more than once a week) there is a basis for the lenient minhag (based on the logic of the Magan Avraham). Nonetheless, the Shemirat Shabbat KeHilchata 42:52 writes simply like the Mishna Brurah not to shave during the three weeks even for Kavod [[Shabbat]]. (e)Sephardim: Rav Ovadyah Yosef (Sh"t Yachava Daat 3:39, Sh”t Yabea Omer 3:31:5; Chazon Ovadyah pg 162) writes that there is what to rely on to shave Friday of [[Shabbat]] Chazon if ones beard is uncomfortable, and certainly there’s what to rely on for Ashkenazim to shave for Kavod [[Shabbat]] during the rest of the three weeks. (e) Someone in doubt: Rabbi Robinowitz (quoted in Peninei Halacha by 156) says that a person should follow the minhag of his father so as not to appear more lenient or strict that his father. </ref> | ||
# A mourner who completed his mourning period during the Three Weeks, may take a haircut and a shave until Rosh Chodesh. <ref> Mishnah Berurah 551:87, Kitzur S"A 122:14 </ref> | # A mourner who completed his mourning period during the Three Weeks, may take a haircut and a shave until [[Rosh Chodesh]]. <ref> Mishnah Berurah 551:87, Kitzur S"A 122:14 </ref> | ||
==Dancing== | ==Dancing== | ||
# Dancing is forbidden during the three weeks. <Ref> Magan Avraham 551:10 says that it is forbidden to dance during the three weeks. This is brought as Halacha in the Achronim including Eliya Rabba 551:6, Baer Hetiev 551:11, Mishna Brurah 551:16, Yalkut Yosef (Moadim pg 560, Kitzur S”A 551:9), and Chazon Ovadyah (Arba Taaniyot pg 149). </ref> | # Dancing is forbidden during the three weeks. <Ref> Magan Avraham 551:10 says that it is forbidden to dance during the three weeks. This is brought as Halacha in the Achronim including Eliya Rabba 551:6, Baer Hetiev 551:11, Mishna Brurah 551:16, Yalkut Yosef (Moadim pg 560, Kitzur S”A 551:9), and Chazon Ovadyah (Arba Taaniyot pg 149). </ref> | ||
| Line 55: | Line 55: | ||
# Many hold that it is permissible to swim during the three weeks except in dangerous waters until the nine days (from [[Rosh Chodesh]] Av). <ref> Sh"t Teshuvot VeHanhagot 2:263, Piskei Teshuvot 551:46 [http://www.yutorah.org/lectures/lecture.cfm/735559/Rabbi_Aryeh_Lebowitz/Halachos_of_the_Three_Weeks Rabbi Ayreh Lebowitz], Moadei Yeshurun (pg 128) quoting Rav Moshe, Halichot Shlomo (Moadim, vol 2, chap 14, note 7), MeBayit Levi (vol 13, pg 22, note 5) quoting Rav Wosner, Sh"t Rivevot Ephraim 3:333, 4:135:14, 6:285:2, and Shevet HaKehati 1:169:4. [http://books.google.com/books?id=k2lV5wQwwj0C&lpg=PA34&ots=yg-xJtgt00&dq=swimming%20during%20the%20three%20weeks&pg=PA12#v=onepage&q=swimming%20during%20the%20three%20weeks&f=false Rabbi Eider] quotes Rav Moshe Iggerot Moshe Even Haezer 4:84 who says even during the nine days if one is sweating or dirty and wants to wash off it's permissible to dip in the pool for a short time. Shaarim mitzuyanim bihalacha kuntres acharon 122:12 is lenient with children swimming in private area during the nine days, but not in public, like camps. Yechave Daat 1:38 says that sephardim are permitted to swim throughout the three weeks, nine days, and week of tisha b'av but ashkenazim who follow the Rama should not. [http://www.dailyhalacha.com/displayRead.asp?readID=2181 Rabbi Eli Mansour] says the syrian minhag is not to swim during the week in which tisha b'av falls out. </ref> | # Many hold that it is permissible to swim during the three weeks except in dangerous waters until the nine days (from [[Rosh Chodesh]] Av). <ref> Sh"t Teshuvot VeHanhagot 2:263, Piskei Teshuvot 551:46 [http://www.yutorah.org/lectures/lecture.cfm/735559/Rabbi_Aryeh_Lebowitz/Halachos_of_the_Three_Weeks Rabbi Ayreh Lebowitz], Moadei Yeshurun (pg 128) quoting Rav Moshe, Halichot Shlomo (Moadim, vol 2, chap 14, note 7), MeBayit Levi (vol 13, pg 22, note 5) quoting Rav Wosner, Sh"t Rivevot Ephraim 3:333, 4:135:14, 6:285:2, and Shevet HaKehati 1:169:4. [http://books.google.com/books?id=k2lV5wQwwj0C&lpg=PA34&ots=yg-xJtgt00&dq=swimming%20during%20the%20three%20weeks&pg=PA12#v=onepage&q=swimming%20during%20the%20three%20weeks&f=false Rabbi Eider] quotes Rav Moshe Iggerot Moshe Even Haezer 4:84 who says even during the nine days if one is sweating or dirty and wants to wash off it's permissible to dip in the pool for a short time. Shaarim mitzuyanim bihalacha kuntres acharon 122:12 is lenient with children swimming in private area during the nine days, but not in public, like camps. Yechave Daat 1:38 says that sephardim are permitted to swim throughout the three weeks, nine days, and week of tisha b'av but ashkenazim who follow the Rama should not. [http://www.dailyhalacha.com/displayRead.asp?readID=2181 Rabbi Eli Mansour] says the syrian minhag is not to swim during the week in which tisha b'av falls out. </ref> | ||
==Bathing and Showering== | ==Bathing and Showering== | ||
# Some stop bathing and showering for the week of [[Tisha BeAv]] and some start already from the nine days. <ref> Rambam Hilchot Taaniot 5:6 says from the week of and the Mordechai Taanit 639 says from Rosh Chodesh Av. Both opinions are quoted in S"A 551:16. Kaf Hachayim 551:186 says to follow whatever the custom of the place where you are living. Yechave Daat 1:38 says that the sephardic custom is that one is permitted to shower in cold water throughout and only has to stop using hot water for the week of tisha b'av. </ref> For Shabbat Chazon, some poskim permit washing the whole body with hot water, <ref> Yechave Daat 1:38 </ref> | # Some stop bathing and showering for the week of [[Tisha BeAv]] and some start already from the nine days. <ref> Rambam Hilchot Taaniot 5:6 says from the week of and the Mordechai Taanit 639 says from [[Rosh Chodesh]] Av. Both opinions are quoted in S"A 551:16. Kaf Hachayim 551:186 says to follow whatever the custom of the place where you are living. Yechave Daat 1:38 says that the sephardic custom is that one is permitted to shower in cold water throughout and only has to stop using hot water for the week of tisha b'av. </ref> For Shabbat Chazon, some poskim permit washing the whole body with hot water, <ref> Yechave Daat 1:38 </ref> | ||
# Some poskim permit washing or showering to remove dirt or sweat. <ref> Aruch Hashulchan 551:37 </ref> | # Some poskim permit washing or showering to remove dirt or sweat. <ref> Aruch Hashulchan 551:37 </ref> | ||
# Men who have the custom to use the mikveh daily can continue to use a cold mikveh during the week of tisha b'av even according to the custom that people wouldn't swim or shower. <ref> Kaf Hachayim 551:190, Ben Ish Chai Devarim 16, Yechave Daat 1:38 </ref> | # Men who have the custom to use the mikveh daily can continue to use a cold mikveh during the week of tisha b'av even according to the custom that people wouldn't swim or shower. <ref> Kaf Hachayim 551:190, Ben Ish Chai Devarim 16, Yechave Daat 1:38 </ref> | ||
| Line 121: | Line 121: | ||
# Even somebody who normally uses a cup of wine for [[Birkat HaMazon]], should not during the nine days except for on Shabbat. <ref> Rama 551:10 with Mishna Berura 551:69, Kaf Hachayim 551:152. </ref> | # Even somebody who normally uses a cup of wine for [[Birkat HaMazon]], should not during the nine days except for on Shabbat. <ref> Rama 551:10 with Mishna Berura 551:69, Kaf Hachayim 551:152. </ref> | ||
==Laundry== | ==Laundry== | ||
# The sephardic custom is not to do laundry during the week of tisha b'av.<ref> S"A 551:3 based on gemara in taanit 26b. </ref> Ashkenazic custom is to refrain already from Rosh Chodesh Av, <ref> Rama 551:3. </ref> The same applies with wearing freshly laundered clothing even if they were washed prior to these times. <ref> S"A and Rama 551:3, Yechave Daat 1:39 </ref> | # The sephardic custom is not to do laundry during the week of tisha b'av.<ref> S"A 551:3 based on gemara in taanit 26b. </ref> Ashkenazic custom is to refrain already from [[Rosh Chodesh]] Av, <ref> Rama 551:3. </ref> The same applies with wearing freshly laundered clothing even if they were washed prior to these times. <ref> S"A and Rama 551:3, Yechave Daat 1:39 </ref> | ||
# One shouldn't do laundry even if he doesn't plan on wearing the clothes until afterwards, as this distracts him from his mourning. He also should not give it to a non-Jew to do for him. <ref> S"A and Rama 551:3 and Mishna Berura 551:34. [http://www.yutorah.org/lectures/lecture.cfm/746977/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Laundry_During_the_Nine_Days Rabbi Aryeh Lebowitz] at about 9:45 also says allowing a non-jewish housekeeper to do you laundry is prohibited even though this doesn't really distract you from mourning. </ref> | # One shouldn't do laundry even if he doesn't plan on wearing the clothes until afterwards, as this distracts him from his mourning. He also should not give it to a non-Jew to do for him. <ref> S"A and Rama 551:3 and Mishna Berura 551:34. [http://www.yutorah.org/lectures/lecture.cfm/746977/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Laundry_During_the_Nine_Days Rabbi Aryeh Lebowitz] at about 9:45 also says allowing a non-jewish housekeeper to do you laundry is prohibited even though this doesn't really distract you from mourning. </ref> | ||
# A wig/sheitel is considered an article of clothing for the purposes of laundry during the nine days and therefore one should not wash it or have it set professionally during the nine days. However, one may curl or set the wig at home, provided that they are not professionals. <ref> Piskei Teshuvot 551:20. Nitai Gavriel 21:5:footnote 8 permits fixing or cutting a wig until the nine days. </ref> | # A wig/sheitel is considered an article of clothing for the purposes of laundry during the nine days and therefore one should not wash it or have it set professionally during the nine days. However, one may curl or set the wig at home, provided that they are not professionals. <ref> Piskei Teshuvot 551:20. Nitai Gavriel 21:5:footnote 8 permits fixing or cutting a wig until the nine days. </ref> | ||
| Line 141: | Line 141: | ||
# 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, Rav Moshe Feinstein quoted in Moadei Yeshurun page 130:footnote 44, Emes Liyaakov | # 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. [http://www.doresh-tzion.co.il/QAShowAnswer.aspx?qaid=97499 Rav Bentzion Mussafi] permits until Rosh Chodesh to get surgery. </ref> | 551:footnote 515, Nitai Gavriel 23:8. [http://www.doresh-tzion.co.il/QAShowAnswer.aspx?qaid=97499 Rav Bentzion Mussafi] permits until [[Rosh Chodesh]] to get surgery. </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> | # 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> | ||
