Tisha BeAv: Difference between revisions
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====Eating in Increments==== | ====Eating in Increments==== | ||
#Some poskim | #Some poskim hold 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]] the halacha is that if it will not increase the danger by eating in small increments he must do so (Shulchan Aruch O.C. 618:7), the same applies to Tisha B’av. However, Rav Shlomo Zalman Auerbach (Nishmat Avraham v. 4 554:1), Chazon Ovadia (Arba Taniyot p. 26), [[Shevet Halevi]] 4:46, Tzitz Eliezer 10:25:16, and Rav Elyashiv (Kovetz Teshuvot 1:57) disagree and say this isn’t necessary for Tisha B’av. The Biur Halacha 554:6 quotes the Pitchei Olam who writes that when there is a small concern for Cholera people should only eat in increments so as not to abolish the fast. Shevet Halevi and Rav Elyashiv explain that this is only true for when the question was everyone eating because of a epidemic but in general someone who is sick may eat regularly. </ref> However, one should not overindulge.<ref>Shulchan Aruch OC 554:5, Hagahot Maimaniot Hilchot Taaniyot 1:8 </ref> | ||
====Children==== | ====Children==== | ||
#Children are exempt from fasting but nonetheless should eat and observe the laws of seuda mafseket.<ref>Or Letzion 3:28:1, [https://itorah.com/daily-halacha/lecture/tisha-b-av-the-foods-fish-at-seudat-hamafseket-and-the-seudah-if-one-is-not-fasting-on-tisha-b-av-/3321/7-28-2020 Rabbi Mansour]</ref> | #Children are exempt from fasting but nonetheless should eat and observe the laws of seuda mafseket.<ref>Or Letzion 3:28:1, [https://itorah.com/daily-halacha/lecture/tisha-b-av-the-foods-fish-at-seudat-hamafseket-and-the-seudah-if-one-is-not-fasting-on-tisha-b-av-/3321/7-28-2020 Rabbi Mansour]</ref> | ||
# | #A child who has reached the age of chinuch, some say that should wear non-leather shoes on Tisha B'av,<Ref>Chazon Ovadia p. 301</ref> while others hold that they can wear leather shoes.<ref>Or Letzion 3:29:16</ref> | ||
#Even if they are younger than chinuch it is a good practice to have them wear non-leather shoes.<Ref>Chazon Ovadia p. 301</ref> | |||
===Brushing Teeth=== | ===Brushing Teeth=== | ||
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#It is forbidden to wash or bathe oneself in cold or hot water. Even sticking one's finger in water is forbidden.<ref>Shulchan Aruch O.C. 554:7</ref> | #It is forbidden to wash or bathe oneself in cold or hot water. Even sticking one's finger in water is forbidden.<ref>Shulchan Aruch O.C. 554:7</ref> | ||
# One should not bathe a child on tisha b'av. If they are dirty it is permitted to clean the area that is dirty. If they are so dirty that it is difficult to just clean that area it is permitted to bath their whole body.<ref>Halichot Emet 25:4 p. 175 writes that one should not bathe a child even if they did not reach chinuch on tisha b'av unless they are dirty. Hatipul Btinokot p. 266 writes that if a child is very dirty and it is hard to clean each area that's dirty it is permitted to bathe their whole body on tisha b'av. He bases his idea on Mishna Brurah 613:1 by yom kippur.</ref> | |||
===Washing Dirty Hands=== | ===Washing Dirty Hands=== | ||
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#It is prohibited to anoint oneself for pleasure on Tisha B'av.<ref>Shulchan Aruch O.C. 554:15 </ref> | #It is prohibited to anoint oneself for pleasure on Tisha B'av.<ref>Shulchan Aruch O.C. 554:15 </ref> | ||
#Although it is forbidden to anoint oneself on Tisha B'av, one may use deodorant.<ref>Rabbi Eider (Halachos Of The Three Weeks p. 22) and [http://www.torahmusings.com/2011/08/deodorant-on-tisha-bav/ Rabbi Gil Student] based on Biur Halachah 554:15 sv. sicha are lenient to use | #Although it is forbidden to anoint oneself on Tisha B'av, one may use deodorant.<ref>Rabbi Eider (Halachos Of The Three Weeks p. 22) and [http://www.torahmusings.com/2011/08/deodorant-on-tisha-bav/ Rabbi Gil Student] based on Biur Halachah 554:15 sv. sicha are lenient to use deodorant on Tisha Bav. [https://itorah.com/daily-halacha/lecture/tisha-b-ab-applying-skin-creams-perfume-and-deodorant/2355 Rabbi Mansour] agrees citing Chacham Ovadia. See, however, Piskei Hahalachot (by R' Yair Yanay, 555:16) quotes Rav Elyashiv as forbidding deodorant on Tisha Be'av. [https://www.yutorah.org/sidebar/lecture.cfm/722652/rabbi-mordechai-i-willig/hilchos-tisha-b-av/ Rav Mordechai Willig (Hilchos Tisha B'av min 86)] is strict.</ref> | ||
#Women should not wear make-up on Tisha B'av.<ref>Rav Mordachi Eliyahu quoted in Mikraei Kodesh Hilchot Tisha B’av 9:note 13 </ref> | #Women should not wear make-up on Tisha B'av.<ref>Rav Mordachi Eliyahu quoted in Mikraei Kodesh Hilchot Tisha B’av 9:note 13 </ref> | ||
#one can use skin creams to treat scraped or infected skin since it is to cure the skin and not for pleasure.<ref>Or Letzion 3:29:13 explains that one can use skin creams to treat scraped or infected skin since it is to cure the skin and not for pleasure. [https://itorah.com/daily-halacha/lecture/tisha-b-ab-applying-skin-creams-perfume-and-deodorant/2355 Rabbi Mansour] agrees.</ref> | #one can use skin creams to treat scraped or infected skin since it is to cure the skin and not for pleasure.<ref>Or Letzion 3:29:13 explains that one can use skin creams to treat scraped or infected skin since it is to cure the skin and not for pleasure. [https://itorah.com/daily-halacha/lecture/tisha-b-ab-applying-skin-creams-perfume-and-deodorant/2355 Rabbi Mansour] agrees.</ref> | ||
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==Sitting on the Floor== | ==Sitting on the Floor== | ||
#During the evening of Tisha B'Av and the morning until chatzot (midday) sitting on a bench or chair is prohibited if it is three tefachim or higher.<ref>Rav Shimon Eider (Halachos of The Three Weeks) pg. 24.</ref> One may sit on a cushion or a low bench or chair.<ref>Mishna Brurah 559:11 </ref> | #During the evening of Tisha B'Av and the morning until chatzot (midday) sitting on a bench or chair is prohibited if it is three tefachim or higher.<ref>Rama 559:3, Rav Shimon Eider (Halachos of The Three Weeks) pg. 24. Shulchan Aruch O.C. 559:3 writes that the minhag is not to sit in a chair applies at night and the morning until the time of mincha (a half hour after chatzot). Yalkut Yosef (Tisha BeAv n. 15) agrees.</ref> One may sit on a cushion or a low bench or chair for someone for whom sitting on the floor is hard.<ref>Mishna Brurah 559:11. Yalkut Yosef Tisha BeAv n. 15 writes that someone old and weak can sit on a chair lower than 3 tefachim. </ref> | ||
#After midday, one should not sit on the floor unless he is reciting kinnot in which case he would still be permitted to sit on the floor.<ref>Nitei Gavriel pg. 393 </ref> | #After midday, one should not sit on the floor unless he is reciting kinnot in which case he would still be permitted to sit on the floor.<ref>Nitei Gavriel pg. 393 </ref> | ||
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===Tisha B'av that Falls Out on Shabbat=== | ===Tisha B'av that Falls Out on Shabbat=== | ||
#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: | #If Tisha B'av falls out on [[shabbat]] and is pushed to Sunday everything including shaving, doing laundry, and bathing is permitted right after the fast except for eating meat and drinking wine.<ref>Rama OC 558:1. Mishna Brurah 558:4 and Kaf Hachaim OC 558:7 add that some refrain from marital relations on that night unless it is the night of tevila.</ref> It is also permitted to listen to music right after the fast on Motzei Tisha B’av when it is delayed.<Ref>Shaar Hatziyun (558:4), Piskei Teshuvot 558:3, [https://outorah.org/p/128155 OU Halacha Yomi quoting Rav Schachter]</ref> | ||
==When Tisha BeAv falls out on Shabbat or Sunday== | ==When Tisha BeAv falls out on Shabbat or Sunday== | ||
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#If Tisha B'av falls out on Shabbat some say that one shouldn't have meals with meals with other friends, while others are lenient if you regularly have such meals.<ref>Mishna Brurah 552:23 writes that the Magen Avraham holds that one shouldn't have meals with friends on Shabbat when it is Tisha Bav, however, the Bechor Shor argues that if one usually has such meals one shouldn't desist.</ref> | #If Tisha B'av falls out on Shabbat some say that one shouldn't have meals with meals with other friends, while others are lenient if you regularly have such meals.<ref>Mishna Brurah 552:23 writes that the Magen Avraham holds that one shouldn't have meals with friends on Shabbat when it is Tisha Bav, however, the Bechor Shor argues that if one usually has such meals one shouldn't desist.</ref> | ||
#One may, get a haircut or do laundry immediately on Sunday night. <ref>Mishna Berura 558:4, Nitei Gavriel pg. 553 </ref> | #One may, get a haircut or do laundry immediately on Sunday night. <ref>Mishna Berura 558:4, Nitei Gavriel pg. 553 </ref> | ||
#If Tisha BeAv falls out on Shabbat and is pushed off until Sunday, according to Sephardim, a pregnant woman or woman who is nursing may eat on the fast day. Nonetheless, they should not eat for pleasure.<ref>Chazon Ovadia (Arba Tzomot, p. 60)</ref> | #If Tisha BeAv falls out on Shabbat and is pushed off until Sunday, according to Sephardim, a pregnant woman or woman who is nursing may eat on the fast day. Nonetheless, they should not eat for pleasure.<ref>Biur Halacha 559:9 s.v. veino quoting the Shvut Yaakov 3:37 (cited by Rabbi Akiva Eiger), Rav Ovadia Yosef in Chazon Ovadia (Arba Tzomot, p. 60), Dirshu fnt. 47 citing Rav Yitzchak Zilberstein in Torat Hayoledet 48:4</ref> Most Ashkenazic poskim are strict unless she is in a lot of pain.<Ref>Or Yisrael v. 78 p. 178 quotes Avnei Nezer, Maharash Halevi OC 2, Eshel Avraham, and Hitorerut Teshuva OC 3:353 as holding that a woman who is pregnant or nursing should fast the whole tisha b'av even when it is delayed. Similarly, Minchat Baruch 12:3 fnt. 4 quotes the Bet Meir 659:9, Maharsham in Daat Torah 554:5, and Eshel Avraham 550 as strict. [https://www.hebrewbooks.org/pdfpager.aspx?req=46440&pgnum=33 Nitai Gavriel 65:3 v. 2 p. 33] writes that a pregnant woman should fast on a delayed tisha b'av unless she is feeling very weak. Halichot Beyta 25:8 writes that only for the first 30 days can a woman who gave birth not fast on a delayed tisha b'av, otherwise she should fast.</ref> | ||
#If Tisha Beav falls out on Shabbat and is pushed off to Sunday then there is a dispute among the poskim as to whether or not a boy who becomes Bar Mitzvah on the 10th of Av is required to fast.<ref>Yalkut Yosef, Kitzur S"A, Volume 2, 556:9.</ref> | #If Tisha Beav falls out on Shabbat and is pushed off to Sunday then there is a dispute among the poskim as to whether or not a boy who becomes Bar Mitzvah on the 10th of Av is required to fast.<ref>Yalkut Yosef, Kitzur S"A, Volume 2, 556:9.</ref> | ||
===Havdala for Tisha BeAv that Is Observed on Sunday=== | ===Havdala for Tisha BeAv that Is Observed on Sunday=== | ||
#If Tisha BeAv falls out on [[Shabbat]] and is pushed off to Sunday or if Tisha BeAv falls out on Sunday, the bracha of Boreh Meorei HaEsh upon a fire is made on [[Motzei Shabbat]] before the reading of Eicha (while Boreh Mineh/Isbeh/Atzeh Besamim is omitted | #If Tisha BeAv falls out on [[Shabbat]] and is pushed off to Sunday or if Tisha BeAv falls out on Sunday, the bracha of Boreh Meorei HaEsh upon a fire is made on [[Motzei Shabbat]] before the reading of Eicha (while Boreh Mineh/Isbeh/Atzeh Besamim is omitted), however, the bracha of [[Havdalah]] on a cup of wine is delayed until after Tisha BeAv, Sunday night.<ref>Shulchan Aruch 556:1. Mishna Brurah 556:3 adds that an adult can drink this wine. Yalkut Yosef, Kitzur S"A, Volume 2, 556:8, Yabia Omer, Volume 6, 48:13 agree. </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, Chazon Ovadia (Arba Tzomot, p. 352), Yalkut Yosef, Kitzur S"A, Volume 2, 556:7 | #An adult who is exempt from fasting should recite [[Havdalah]] on [[Motzei Shabbat]] before eating.<ref>Rav Nevinsal in Byitzchak Yikreh 556:2,[http://www.dailyhalacha.com/displayRead.asp?readID=2361 Rabbi Mansour on Dailyhalacha.com] quoting Yechave Daat 3:40, Chazon Ovadia (Arba Tzomot, p. 352), Yalkut Yosef, Kitzur S"A, Volume 2, 556:7, Birkei Yosef OC 556:2. Rav Chaim Kanievsky in a letter to Rav Elyashiv (Kovetz Teshuvot 1:57) quoted Zecher Simcha and Tzafnat Pane'ach that there is no obligation for a sick person to recite havdalah on Tisha BeAv and Rav Elyashiv responded that he follows the Birkei Yosef. 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. See also Az Nidbaru 6:53:4 and Rivevot Efraim 3:371. [https://www.torahanytime.com/#/lectures?v=199132 Rav Yitzchak Yosef (Motzei Shabbat Matot 5782 min 14)] explained that originally Rav Ovadia held that someone who needs to eat on Tisha B'av that is delayed such as a pregnant woman should wait until they need to eat on Sunday to recite havdalah. However, after Rav Massas argued with him based on the Knesset Hagedola that it is better to recite havdala on Motzei Shabbat, the ideal time for Havdala, he changed his opinion.</ref> While typically wine or grape juice is used for Havdala, one should strive to use [[Chamar Medina|chamar medina]], particularly when making Havdala on Tisha BeAv.<ref>Rav Nevinsal in Byitzchak Yikreh 556:2 writes that a person should use Chamar Mdina and not wine when a sick person recites havdalah on Tisha BeAv. He quotes that Rav Shlomo Zalman Auerbach also held this way. Rav Elyashiv (Kovetz Teshuvot 1:57) agrees. The Griz (on Rambam Hilchot Taniyot cited by Rav Elyashiv) in fact allowed making havdalah on wine itself for a sick person on Tisha BeAv. The basis for this dispute is whether there is a unique prohibition to drink wine on Tisha BeAv or it is part of the regular restrictions of the nine days. | ||
There are two reasons | * Taanit 30b states that anyone who eats meat and drinks wine "on Tisha BeAv" is included in the verse: "And whose iniquities are upon their bones" (Yechezkel 32:27). It is difficult to understand why the Gemara would need to explicitly forbid these items "on" Tisha Be'av as one may not eat anything on Tisha Be'av. (See Rabeinu Chananel who has a different girsa). Rashi therefore explains that this phrase refers to drinking wine or eating meat during the Seuda Mafseket. | ||
Thus, according to the first reason there would be an additional reason to prohibit wine and meat on Tisha BeAv which would even apply to someone who is permitted to break their fast, while according to the second reason there would be no additional reason to prohibit wine or meat on Tisha Beav more than the regular rules that govern the 9 days. | * There are two reasons for why these items would be forbidden during the Seuda Mafseket: 1) These were items typically placed on the mizbeach and therefore we commemorate the loss of the Beit Hamikdash by not eating/drinking them. 2) This meal matches the prohibitions usually observed by an Onen after he loses a relative before the burial (Trumat Ha'deshen). | ||
Therefore, because of this additional concern, some who would typically allow making Havdala on wine during the 9 days would prohibit this on Tisha Be'Av itself and instead require one to use Chamar Medina (Rav Moshe Soloveitchik, oral communication). | * Thus, according to the first reason there would be an additional reason to prohibit wine and meat on Tisha BeAv which would even apply to someone who is permitted to break their fast, while according to the second reason there would be no additional reason to prohibit wine or meat on Tisha Beav more than the regular rules that govern the 9 days. | ||
# | * Therefore, because of this additional concern, some who would typically allow making Havdala on wine during the 9 days would prohibit this on Tisha Be'Av itself and instead require one to use Chamar Medina (Rav Moshe Soloveitchik, oral communication). The Brisker Rav, however, held that Tisha BeAv is considered like intense mourning after the burial and not an Onen; therefore, he held wine is permitted for havdalah on Tisha BeAv. Rav Elyashiv (Kovetz Teshuvot 1:57) proves from the Or Zaruah that the Brisker Rav is incorrect and Tisha BeAv mimics the practices of Onen. Rav Nevinsal makes the same point based on the Ritva (cited in Bet Yosef 557). | ||
Rav Ovadia (Chazon Ovadia p. 350) has an entirely different approach. He permits someone sick to recite havdalah on wine since it is for a mitzvah and not for pleasure. The gemara Tanit he explains is only relevant to a healthy person eating or drinking on Tisha BeAv for pleasure.</ref> Some hold that it is preferable to use grape juice.<ref>[https://youtu.be/m_BFkLGwzjk Rav Osher Weiss (min 16:05-17:20)]. He explained that nowadays it is questionable to use any drink for chamar mdina (See Rav Elyashiv in Kovetz Teshuvot 1:57) so it is preferable to use grape juice and rely on those who permit it during the nine days and Tisha bav for someone sick. | |||
* Rav Chaim Kanievsky in his letter to Rav Elyashiv asked how it is possible to make havdalah on Tisha BeAv if according to the Chazon Ish there is no Chamar Mdina today. Rav Elyashiv responded that he could use unfermented wine. Rav Ovadia in Chazon Ovadia p. 350 writes that he could use grape juice.</ref> One may fulfill his/her obligation to hear Havdalah even through someone who is making Havdala on Tisha Be'av who is permitted to eat.<ref>Yalkut Yosef 556:7. Chazon Ovadia p. 351 also quotes this from Birkei Yosef 556:3, Zachor Lavraham, Moed Lkol Chai 10:49, Yaskil Avdi 7:36, and Mishneh Halachot 11:455.</ref> | |||
#One who needs to eat on Tisha B'av that falls out on Sunday must recite Havdalah beforehand. Some say that if they're sick they should wait until they need to eat to recite Havdalah and not say it immediately Saturday night unless they need to eat then.<ref>Yachava Daat 3:40 in the footnote writes that even though the Knesset Hagedola says that someone eating on Tisha B'av that falls out on Sunday should recite Havdalah before they eat on Saturday night doesn't mean that they need to recite Havdalah Saturday night, but rather they should wait until they need to eat and then recite Havdalah.</ref> Others hold that they should initially recite havdalah immediately on Motzei Shabbat.<ref>[https://www.torahanytime.com/#/lectures?v=199132 Rav Yitzchak Yosef (Motzei Shabbat Parshat Matot 5782 min 13-14)] explained that originally his father held that a person should wait until they need to eat before reciting havdalah. However, later after Rav Massas challenged his opinion based on the Knesset Hagedola that indeed the sick person should recite havdalah immediately on Motzei Shabbat. Rav Yitzchak added that this is the preferred option even though she just finished seuda shelishit and is not hungry since it is always ideal to recite havdalah on Motzei Shabbat and not delay. This is reiterated in Yalkut Yosef (Arba Taniyot, 5779 edition, pp. 494-6) and clear in Chazon Ovadia (Arba Taniyot pp. 349-50). See further [https://halachayomit.co.il/he/Default.aspx?HalachaID=629 Halachayomit.co.il] which quotes Rav Ovadia's earlier ruling that a nursing or pregnant woman should wait until chatzot unless she feels very weak or is sick to recite havdalah and eat.</ref> | |||
#It should be emphasized that if one ever must urgently break their fast because of health reasons, one should not recite Havdala first and run the risk of entering a dangerous situation.<ref>Even a situation of "safek pikuach nefesh," when one is unsure if the situation is life-threatening qualifies to allow one to violate whatever is necessary (excluding the 3 cardinal sins) in order to bring a person back to health (see Sanhedrin 74a).</ref> | #It should be emphasized that if one ever must urgently break their fast because of health reasons, one should not recite Havdala first and run the risk of entering a dangerous situation.<ref>Even a situation of "safek pikuach nefesh," when one is unsure if the situation is life-threatening qualifies to allow one to violate whatever is necessary (excluding the 3 cardinal sins) in order to bring a person back to health (see Sanhedrin 74a).</ref> | ||
