Rabbi Jonathan I. Rosenblatt
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Rabbi Gidon Rothstein
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Rabbi Gidon Rothstein's Halakhah in Brief #60

Tisha B'Av

Tish`a B’Av begins with a se`udah hamafseket, a final meal before the start of the fast. Since the final meal before Tish`a B’Av was not supposed to have more than one cooked food to it, (nor was it meant to be lavish in any way), Rema suggested separating our eating to build up strength for the fast from the se`udah mafseket by davening Minha. (NOTE: the se`udah mafseket does not assume that one will not eat anything after, it only is the final official meal. Unless someone explicitly accepted the fast, that person could still drink or take a snack after the se`udah.)

On Tish`a B’Av, in contrast to most fasts, pregnant and nursing women are required to attempt to fast. If in a particular case (not because of a doctor’s general anti-fasting feelings, but due to specific mitigating circumstances), fasting is contraindicated, then the doctor’s advice should be heeded. Barring that, however, the attempt should be made, preparing for the fast in whatever ways possible (drinking a great deal before the fast, etc.).

All the prohibitions of Tish`a B’Av commence at night. Those prohibitions— just to review— are eating, drinking, washing, rubbing a cream or lotion on oneself, wearing leather shoes, having marital relations, and studying certain parts of Torah (this last one is new to Tish`a B’Av). The prohibition of washing is really to wash in such a way as to provide pleasure; washing in order to removeactual dirt is permissible, although it must be limited to washing off the dirt. This means, however, that one is allowed to wash one’s hands in the morning (for negel vasser) and following any use of the bathroom. However, one should only wash one’s fingers (unless some dirt went elsewhere). In terms of rubbing the sleep out of one’s eyes, after wiping one’s hands from the morning washing, it is permissible to use the remaining dampness to clean one’s eyes. It is also permissible to wet a towel before Tish`a B’Av, wring it out (so there’s no actual water exuding from it) and to use that to refresh oneself on the day of Tish`a B’Av. Like washing, the anointing in oil is only a problem if done for pleasure; if someone has actual wounds or a rash and lotion will ease the itching or pain, it would be permissible to apply lotion in that situation as well.

The prohibition against wearing shoes does not apply when one is en route from one place to another, if that person does not have a reasonable substitute. A person who does not own canvas sneakers, for example, could wear shoes to and from the synagogue (assuming he cannot walk in the street barefoot).

While the prohibition against marital relations is clear, it is also worth noting that many had the custom to afflict their sleep in some way. Some sleep on the floor, some place a stone (or pebble) under their pillow, and some reduce the level of comfort (one pillow instead of two, etc.); the main point, though, is to note in one’s sleep the discomforts of the day.

The prohibition of Torah study is perhaps the pivotal prohibition, since it most directly establishes the character of the day. We assume that Torah study gladdens the Jew’s heart, and is therefore prohibited, but any Torah study that clearly does not gladden the heart— the book of Job, Eicha, the laws of mourning, etc.—would be exempted. In addition, learning performed in a way that would not gladden the heart is also exempt, so all the verses of Scripture that are included in prayers may be recited (since no one is actually studying them, or enjoying them), and a person who regularly reviews that week’s Torah reading, or who will be reading the Torah in public that Shabbat, may review that as well. More recently, rabbis permit studying mussar, works that admonish readers about their religious failings, on Tish`a B’Av, since those, too, produce humility rather than joy.

In terms of going to work on Tish`a B’Av, the Mishnah Berurah was of the opinion that the common custom was to allow work after midday; it is not clear to me what the custom is in America today. Regardless, the Shulhan Arukh mentions that talmidei hakhamim have always taken the whole day off of work, and encourages Jews to treat themselves as talmidei hakhamim for this purpose. The Shulhan Arukh also repeats the Talmud’s warning that Jews will never see a true profit from money earned on the ninth of Av, no matter how permissible it was.

Permitting myself a moment of editorial comment, I would note that Tish`a B’Av is meant to be spent mourning the destruction of the Temple. Finding permissible ways to distract ourselves may be technically following the rules of the day, but imagine your reaction if you were to see someone sitting shiva who was occupying him or herself with the study of permitted sections of the Torah. It is more difficult to mourn for the Temple, but the character of the day should be as close to the same as possible.

Ordinarily, we wait until midday of the tenth of Av to allow haircuts, laundry, and eating meat, but since Tish’a B’Av is on a Thursday this year, that all becomes permissible as soon as is necessary for proper Shabbat preparations.

Please note that following Tish`a B’Av, Halakhah in Brief will take off until Rosh Hodesh Elul.

 

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

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