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Rabbi Gidon Rothstein's Halakhah in Brief #57

Three Weeks

With the coming of the fast of Shiv`a Asar be-Tammuz, we enter the period known as the Three Weeks, the time between when the walls of Jerusalem were breached and the Temple was actually destroyed. The fast itself is one of the so-called minor fasts, meaning that only eating and drinking are prohibited. The timing of the prohibition also differs from Tish`a B’Av in that the fast only begins in the morning , or after one goes to sleep without the intent to wake up and eat before dawn. That the fast does not clearly start the night before led R. Moshe Feinstein ztllh"h to permit holding a wedding on the evening of Shiv`a Asar be-Tammuz, if necessary. Finally, as a "minor" fast, those who are ill (even if there is no danger to their lives) and women who are pregnant or nursing are not required to fast. Nevertheless, they, and children, should remember that it is a fast day, and not eat foods that bring them particular pleasure.

There is a series of practices of ascending severity that govern this time period. During the time between Shiv`a Asar be-Tammuz and the first of the month of Av (Rosh Chodesh Av, which starts the Nine Days, see below), we avoid saying the berakhah of she-he-hiyanu, which means that we would not wear new clothing or purchase items that involve a she-hehiyanu. In one teshuvah, R. Moshe Feinstein ztllh"h actually discusses various purchases and whether they would be permitted (he allows buying new tefillin, for example, because that is solely for a mitsvah performance, but prohibits buying a new talit, since that would create the need to say she-he-hiyanu.) Although it is a matter of debate, we do allow wearing new clothing on Shabbat during the Three Weeks, when it would be permissible to recite the she-he-hiyanu. We would not generally eat a fruit that requires a she-he-hiyanu, although some permit doing so if the fruit will not be available after Tish`a b’Av.

Aside from she-hehiyanu, the Ashkenazic custom is not to take haircuts or shave during this period. Nevertheless, a person who takhfuhu evlo, meaning that he has been in mourning until this point, would be allowed to take a haircut during the period before Rosh Chodesh Av. If the avelut ended during the week of Tish`a B’Av, however, he would only be permitted to cut his hair sufficiently that it not bother him, but not with care to make it look better than it does. For shaving, particularly in times when people shave every day, there are still some authorities, even among those who permit shaving during sefirah, who prohibit shaving during this period. On the other hand, if shaving is necessary for one’s livelihood, R. Moshe was of the opinion that one could shave until Shavu`a she-hal bo, the week in which Tish`a B’Av occurs. In all cases, if one’s beard or mustache is getting in the way of eating, the person would be allowed to cut it back sufficiently to insure free access to his mouth.

Another element of the Three Weeks is not having occasions of conspicuous celebration. The Magen Avraham mentions dancing and singing, but it seems clear that even just playing musical instruments is a part of that prohibition. However, a person who is learning to play an instrument for the purposes of earning a living (meaning the person intends to be a professional musician) may continue taking lessons during the Three Weeks. Despite the prohibition against occasions of joy, it is permitted to become engaged during this period, although not to have a meal to celebrate that engagement. Over all, it should be remembered that this is a period of mourning and of national tragedy— the Mishnah Berurah reports the Ari’s opinion that one should mourn each afternoon of this period for about half an hour; the Shulhan Arukh says that teachers should not hit students (in a system where corporal punishment was acceptable) during this period; and there were those with the custom to either fast daily (and eat at night) or not to eat meat and wine during this period.

With the advent of the month of Av, the Shulhan Arukh calls for limiting occasions of joy, including new and exciting business ventures. He also recommends avoiding court cases with non-Jews, either for the whole month of Av, but certainly before the Ninth. According to some opinions, one should limit all of one’s business during this period to the minimum required for one’s livelihood, although the notion of davar ha`aved perhaps avoids this problem for most people. The Ashkenazic custom is to adopt the practices of Shavu`a she-Hal Bo from Rosh Chodesh on, so that Ashkenazim do not eat meat or wine during the weekdays of this period, do not wash themselves except to remove dirt (so that showers for pleasure are a problem), and do not do laundry. Should a brit milah happen during this period (that is, before the week of Tish`a B’Av, the father, the mohel, and the sandek would be allowed to shave and to wear Shabbat clothing in honor of the occasion.

Shabbat Hazon, the Shabbat immediately prior to Tish`a B’Av, has distinct rules of its own. Rema rules that we only change our shirt for this Shabbat, not our other clothing, except for someone who is getting married during the followihg week. However, most people follow the Gra, who permitted Shabbat clothing. One is allowed to eat meat and drink wine during this Shabbat, although the custom is to give the wine from havdallah to a child rather than drink it oneself.

In all of these rules, let us remember the words of Yeshayahu haNavi, that those who mourn Jerusalem and its destruction will be those who merit rejoicing with the city at the time of its full rebuilding, bb"a. Shabbat Shalom.

IF YOU NOTICE ANY ERRORS IN THIS PRESENTATION, PLEASE BRING THEM TO MY ATTENTION.

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