Exemptions for fasting on a Tishe Beav Nidche:
Tishe Beav is considered the most severe of the Rabbinical fasts, and obligates even pregnant and nursing women to fast, however not those who are Halachically defined as sick. In years that Tishe Beav falls on Shabbos and is differed to Sunday, certain leniencies apply which lower the bar of exemption for the sick [i.e. the form of sickness], pregnant, nursing, and those after birth, as will be delineated below.
A. Sick:
The law by a regular year:[1] A person who is sick and needs to eat, is not required to fast on any Rabbinical fast day, including Tisha B’av.[2] If he needs to eat he is required to break his fast.[3] [Anyone who feels weak and sick to the point he is bedridden[4], is considered sick in this regard, even if it is not life threatening.[5] One who is not sick must fast even if he is experiencing a great amount of pain.[6] However, some Poskim[7] rule one may be lenient if he is in a great amount of pain.]
The extra leniency by Tishe Beav Nidcheh:[8] If the fast fell on Shabbos and was hence differed to Sunday, one may be lenient not to fast even if he or she is only slightly sick, and is not bedridden.
B. Pregnant women:
The law by a regular year:[9] A pregnant woman must fast on Tisha B’av just like on Yom Kippur. [If, however, a pregnant or nursing woman feels weak and will become sick due to the fast, she is not to fast.[10] If a pregnant woman begins to feel dizzy or begins to experience labor [i.e. contractions] or low/high blood pressure, she is to break her fast.[11] Certainly, if she feels sick and needs to lay in bed, she is to break her fast.[12] Some Poskim[13] are lenient for all pregnant women who are prior to their due date, to not fast if it is very difficult due to the hot weather. Furthermore, some Poskim[14] are lenient in all cases, that a pregnant woman prior to her due date is not to fast, due to fear of miscarriage. Practically, such a woman is to contact a Rav for a final ruling.]
The extra leniency by Tishe Beav Nidcheh:[15] A pregnant woman may break her fast if she feels even slightly sick [or weak].[16] [This applies even absent of the other reasons for exempting a pregnant woman from fasting, as explained above.]
C. Nursing women:
The law by a regular year:[17] A nursing woman must fast on Tisha B’av just like on Yom Kippur. [However, a nursing woman who feels sick and needs to lay in bed, is not to fast.[18] If a nursing mother feels healthy, but she will not have milk for her child if she fasts, then if her child only eats from her, she may break her fast.[19] Some Poskim[20] rule that even if she is able to feed the child formula and the like, nevertheless, she is not required to do so. Practically, such a woman is to contact a Rav for a final ruling.]
The extra leniency by Tishe Beav Nidcheh:[21] A nursing woman may break her fast if she feels even slightly sick [or weak].[22] [This applies even absent of the other reasons for exempting a pregnant woman from fasting, as explained above.]
D. Yoledes-A woman who is after birth:
The law by a regular year:[23] A woman within 30 days of childbirth is not required to fast.[24] Nevertheless, the custom is to fast unless she is experiencing great pain, in which case there is worry of danger.[25] Nonetheless, a woman may choose to be lenient against this custom and not fast within thirty days of birth even if she is not in pain.[26] [Practically, in today’s times all women within thirty days of birth are to be taught not to fast.[27] However, some Poskim[28] rule that a woman who is after seven days, and feels healthy, is to fast. Accordingly, such a woman is to contact a Rav for a final ruling. Certainly, if she is within seven days of birth, and even more so if she is within three days of birth, it is forbidden for her to fast.[29]]
The extra leniency by Tishe Beav Nidcheh:[30] Certainly, a Yoledes within 30 days is not to fast on Tishe Beav Nidche even according to the stringent opinion mentioned above.
E. Fasting until Mincha:[31]
In all the above cases of exemption, there is no need for the person to fast until Mincha time and he may eat right away in the morning [or even at night]. [Regarding Havdalah-See Chapter 8 Halacha 11!]
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Q&A When Tisha B’av falls on Sunday, must one who is not fasting say Havdala prior to eating? Yes.[32] This includes men and women. What is the Seder of Havdala in such a case? One omits the verses of “Hinei Keil Yeshuasi”[33], and rather begins from the blessing of Hagafen or Shehakol [depending on his beverage]. The blessing of Besamim is omitted. If this Havdala is being recited on Sunday, the blessing of Haeish is likewise omitted, and is to be said the night before. Is wine to be used or Chamer Medina? Some Poskim[34] rule one is to use wine or grape juice. Others[35] rule one is only to use Chamer Medina, such as tea or coffee. If there is a child available who has not reached the age of Chinuch for mourning but is past the age of Chinuch for blessings, one may say Havdala over wine and give him to drink.[36]
When exempt from fasting, as stated above, must one nevertheless try to fast as many hours as possible? Some Poskim[37] rule that one who is exempt from fasting should at the very least fast for a few hours, if it is not too difficult. Practically, the final Rabbinic directive is that one who is exempt from fasting may eat immediately in the morning.[38] Nevertheless, if possible, one is try to fast at night, until the morning.[39] When Tisha B’av falls on Motzei Shabbos, if one is able to fast until the morning, Havdala is not to be recited until the next day.[40] May one who is not required to fast eat like a normal day?[41] It is proper to diminish somewhat in eating and drinking if one is not fasting that day, in order to participate in the day of oppression followed by the community.
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[1] Michaber 554:6; Rama 686:2 [regarding Taanis Esther]; Chayeh Adam 133:6; M”B 550:4; Kaf Hachaim 550:7
[2] The reason: As the Sages did not institute the fast for those who are sick [Michaber ibid]
[3] “He is to be fed immediately” [Michaber ibid]
[4] As this is considered a Choleh Sheiyn Bo Sakana, mentioned in M”B 550:4; and so is implied also from Aruch Hashulchan 550:7; and Hagahos Rav Akiva Eiger 559:9; See however Aruch Hashulchan 554:7 that this applies even if he is not bedridden; See Nitei Gavriel 5:4 in name of Maharam Bent 550 that even if he is slightly ill one may be lenient
[5] See M”B 554:11; Chayeh Adam 133:6; M”B 550:4
[6] See Rama 686:2 and Kaf Hachaim 686:17 who implies the leniency of pain is only by Taanis Esther, and so suggests also Biur Halacha 550:1 “Mihu”; Kaf Hachaim ibid writes that according to those who rule the fast is an obligation certainly one who is in mere pain may not be lenient to eat, unless he is sick, just as is the law by the other four mandatory fasts of scripture.
[7] Biur Halacha ibid in name of Kovetz on Rambam; Ashel Avraham Tinyana 550; Sdei Chemed Mareches Bein Hametzarim 1:13; Daas Torah 550; Nitei Gavriel 5:7; See also Igros Moshe 4:114
[8] Shvus Yaakov 3:37 “And so I am accustomed to rule regarding a slightly ill person, or a Yoledes within 30 days, or a pregnant woman and slightly ill”; Hagahos Rav Akiva Eiger 559:9 “One who is slightly sick, and a pregnant women who feels slightly ill, may eat”; Biur Halacha 559 “Eino”; Gevuros Ari Taanis 30b; Toras Chaim Sofer 554:4; 559:14; Shevet Halevi 6:70; Nitei Gavriel 65:3; Piskeiy Teshuvos 554:5; See Yechaveh Daas 3
Other opinions: Some Poskim rule there is no additional leniency on Nidche. [See M”A 559:11 in the name of Kneses Hagedola; Yaavetz; See Zecher David 54]
[9] Michaber 554:5; Rama 550:1; Pesachim 54b
[10] Aruch Hashulchan 554:7; Piskeiy Teshuvos 554:5
The reason: As she is considered like a sick person. [ibid]
[11] See Q&A!
[12] Piskeiy Teshuvos ibid; and so I received from Harav Asher Lemel Hakohen
[13] Rav SZ”A in Halichos Beisa 25:2; Tzedaka Umishpat Hakdama; Rav Yaakov Yosef; See Nitei Gavriel 65 footnote 2
[14] Rav Yaakov Yisrael Fisher [brought in Sefer Pnei Baruch; Piskeiy Teshuvos 617 footnote 1] was of the opinion that today pregnant women no longer have to fast, and may eat less than the Shiur on Yom Kippur, due to danger of miscarriage. Practically, this ruling is not accepted amongst Poskim or Moreh Horaas and rather each case must be judged individually by a competent Rav. [Tzitz Eliezer 17:20; Teshuvos Vehanhagos 2:292; Piskeiy Teshuvos 617:1; Rav Ovadia Yosef] However, Rav Yaakov Yosef ruled after a thorough investigation amongst doctors, and discovering a dispute amongst them as to the dangers of fasting, regarding Tisha B’av which is a Rabbincial fast, one may be lenient.
[15] Shvus Yaakov 3:37 “And so I am accustomed to rule regarding a slightly ill person, or a Yoledes within 30 days, or a pregnant woman and slightly ill”; Hagahos Rav Akiva Eiger 559:9 “One who is slightly sick, and a pregnant women who feels slightly ill, may eat”; Biur Halacha 559 “Eino”; Gevuros Ari Taanis 30b; Toras Chaim Sofer 554:4; 559:14; Shevet Halevi 6:70; Nitei Gavriel 65:3; Piskeiy Teshuvos 554:5; See Yechaveh Daas 3
Other opinions-Stringent: Some Poskim rule there is no additional leniency on Nidche. [See M”A 559:11 in the name of Kneses Hagedola; Yaavetz; See Zecher David 54]
Other opinions by pregnant woman that she does not need to fast at all: Some Poskim rule a pregnant and nursing woman does not need to fast at all even if they are feeling well, as this fast is similar to any Nidche fast. The proof for this is from the fact that if on a regular fast day we do not allow a Baal Bris to eat, but do allow a pregnant and nursing woman to eat, then certainly on a Nidche fast day that we allow a Baal Bris to eat, that we allow a pregnant and nursing woman to eat. [Divrei Malkiel 3:26 “It has the same status as other fast days, and even a pregnant or nursing woman has the same status as other fast days”; Rav Ovadia Yosef, recorded in Chazon Ovadia and so rules his sons Rav Yaakov and Yitzchak Yosef, as heard in a Shiur] Vetzaruch Iyun Gadol as a) The proof from a Baal Bris is not relevant to a pregnant or nursing woman, as a Baal Bris has a personal Yom Tov, while a pregnant and nursing woman is exempt due to the illness category, and since on Tisha Beav the Sages obligated them to fast, there is no proof that this obligation was rescinded if there is no illness involved. [See Zecher David 54] Furthermore, all the Poskim who record the above source of Bris to permit a slightly ill person to eat on Nidche, all explicitly write that by a pregnant woman, she may eat if she is slightly ill, and do not permit it indiscriminately. [See Shvus Yaakov ibid; Rav Akiva Eiger ibid; Biur Halacha ibid] Furthermore, even the Divrei Malkiel ibid who states that it has the same status as a regular fast, in truth by a regular fast the Rama [550:1] rules the custom is for pregnant and nursing woman to fast unless they feel great pain or weakness. Thus, the Divrei Malkiel never advocated for an indiscriminate exemption of pregnant and nursing woman! Nonetheless, in truth some Poskim of today rule that even on a non-Nidche Tisha Beav pregnant woman do not need to fast due to worry of miscarriage, as explained above, and certainly this would apply even more by Nidche.
[16] The reason: As we rule that on Tishe Beav Nidche a Baal Bris does not need to fast [Michaber 559:9], hence proving that Nidche has a more lenient status, and certainly we can be lenient in a case of illness. [Shvus Yaakov ibid]
[17] Michaber 554:5; Rama 550:1; Pesachim 54b
[18] Piskeiy Teshuvos 554:6
[19] See Shaareiy Teshuvah 554:14 in name of Machazik Bracha
[20] See Piskeiy Teshuvos 554:6 in name of Chazon Ish that she does not need to try giving him formula and the like, as mother’s milk is the healthiest food for a child. However, certainly if the child has already been given formula before, and consumed it, then she must try to do so for Tisha B’av as well.
[21] Divrei Malkiel 3:26 that the same law by a pregnant woman also applies by a nursing woman; See regarding a pregnant woman: Shvus Yaakov 3:37 “And so I am accustomed to rule regarding a slightly ill person, or a Yoledes within 30 days, or a pregnant woman and slightly ill”; Hagahos Rav Akiva Eiger 559:9 “One who is slightly sick, and a pregnant women who feels slightly ill, may eat”; Biur Halacha 559 “Eino”; Gevuros Ari Taanis 30b; Toras Chaim Sofer 554:4; 559:14; Shevet Halevi 6:70; Nitei Gavriel 65:3; Piskeiy Teshuvos 554:5; See Yechaveh Daas 3
Other opinions-Stringent: Some Poskim rule there is no additional leniency on Nidche. [See M”A 559:11 in the name of Kneses Hagedola; Yaavetz; See Zecher David 54]
Other opinions by a nursing woman that she does not need to fast at all: Some Poskim rule a pregnant and nursing woman does not need to fast at all even if they are feeling well, as this fast is similar to any Nidche fast. The proof for this is from the fact that if on a regular fast day we do not allow a Baal Bris to eat, but do allow a pregnant and nursing woman to eat, then certainly on a Nidche fast day that we allow a Baal Bris to eat, that we allow a pregnant and nursing woman to eat. [Divrei Malkiel 3:26 “It has the same status as other fast days, and even a pregnant or nursing woman has the same status as other fast days”; Rav Ovadia Yosef, recorded in Chazon Ovadia and so rules his sons Rav Yaakov and Yitzchak Yosef, as heard in a Shiur] Vetzaruch Iyun Gadol as a) The proof from a Baal Bris is not relevant to a pregnant or nursing woman, as a Baal Bris has a personal Yom Tov, while a pregnant and nursing woman is exempt due to the illness category, and since on Tisha Beav the Sages obligated them to fast, there is no proof that this obligation was rescinded if there is no illness involved. [See Zecher David 54] Furthermore, all the Poskim who record the above source of Bris to permit a slightly ill person to eat on Nidche, all explicitly write that by a pregnant woman, she may eat if she is slightly ill, and so not permit it indiscriminately. [See Shvus Yaakov ibid; Rav Akiva Eiger ibid; Biur Halacha ibid] Furthermore, even the Divrei Malkiel ibid who states that it has the same status as a regular fast, in truth by a regular fast the Rama [550:1] rules the custom is for pregnant and nursing woman to fast unless they feel great pain or weakness. Thus, the Divrei Malkiel never advocated for an indiscriminate exemption of pregnant and nursing woman! Nonetheless, in truth some Poskim of today rule that even on a non-Nidche Tisha Beav pregnant woman do not need to fast due to worry of miscarriage, as explained above, and certainly this would apply even more by Nidche.
[22] The reason: As we rule that on Tishe Beav Nidche a Baal Bris does not need to fast [Michaber 559:9], hence proving that Nidche has a more lenient status, and certainly we can be lenient in a case of illness. [Shvus Yaakov ibid]
[23] 554:6; For a further understanding of such cases see Admur 617-618
[24] Michaber ibid; Bach 554, brought in Darkei Moshe 554 and M”A 554:9
Other opinions: Some Poskim rule a Yoledes is obligated to fast once she is after seven days from birth. [M”A 554:9 in name of Rashal in Teshuvah; Levush 602, brought in Darkei Moshe ibid; Implication of P”M 554 A.A. 9 that we are only lenient by Nidche]
[25] Rama ibid; M”B 554:14; M”A ibid concludes “Each place is to follow his custom”; Bach ibid writes the custom is to fast after seven days even by the other fasts!
[26] Rama ibid
[27] Aruch Hashulchan 554:8 “Today heaven forbid a woman after birth to fast on Tisha B’av as they are weak and are certainly sick and therefore they are not to be allowed to fast”; Pnei Yehoshua 2:16; Avnei Nezer 540; Yabi Omer 5:50 even for Ashkenazim; Shevet Halevi 6:70 that by Tisha B’av Nidche they are not to fast; Piskeiy Teshuvos 554:7; So I received also from Rav Asher Lemel Hakohen
[28] Rashal ibid; M”A ibid that it depends on custom; Shvus Yaakov 3:37 implies to only be lenient by Nidche; Implication of P”M 554 A.A. 9 that we are only lenient by Nidche; Chayeh Adam 135:2; Kitzur SHU”A 124:6; Divrei Yatziv 233 [as today women are healthier than in previous times]; Shevet Halevi 6:70 is only lenient by Nidcheh
[29] M”B 554:13
[30] M”A 554:9; Shvus Yaakov ibid; P”M 554 A.A. 9; Shevet Halevi ibid
Other opinions: Some Poskim rule a Yoledes is obligated to fast once she is after seven days from birth even on Tisha Beav Nidche. [M”A 554:9 in name of Rashal in Teshuvah]
[31] Setimas Haposkim who record Shvus Yaakov ibid; Nitei Gavriel ibid footnote 4, see there in length, unlike the possible understanding from Shvus Yaakov ibid
[32] Kneses Hagedola 2:71; Birkeiy Yosef 556:3; Zechor Leavraham 556:9; Shaareiy Teshuvah 556:1; Moed Lekol Chaiy 49; Kaf Hachaim 556:9
[33] Divrei Malkiel 6:9; Piskeiy Teshuvos 556:4 as is the ruling by an Avel; Regarding an Avel-see Pischeiy Teshuvah 376:2; 391:1 Piskeiy Teshuvos 296:6
[34] Birkeiy Yosef ibid; Shraga Hameir 7:71; Az Nidbaru 11:48
[35] Kaf Hachaim 556:9; Minchas Yitzchak 8:30; Kinyan Torah 2:111
[36] Kaf Hachaim ibid
[37] Elya Raba brought in M”B 554:16
[38] Piskeiy Teshuvos 554:9
[39] Avnei Nezer 540; Kaf Hachaim 556:9; Minchas Yitzchak 8:30; Kinyan Torah 2:111; Piskeiy Teshuvos ibid and 556:4
[40] Kaf Hachaim ibid; Poskim ibid
[41] Ashel Avraham 686 Mahadurah Tinyana
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