From the Ravs Desk: Shaalos & Teshuvos on Tishe Beav & More

I have the flu. Must I fast on Toshe Beav?^[1]

A person who is sick [to the point of being bedridden^[2] even if it is not life threatening^[3]] and needs to eat, is not required to fast on Tisha B’av. Thus, if due to the flu you feel weak in your entire body, have fever, or are bedridden, then you may eat and drink as necessary.

How much may you eat and drink: Some Poskim^[4] rule that a sick person is only allowed to eat and drink in accordance to his medical need, to give him strength, but not any further. Thus, if one is medically required to drink but is not required to eat, then although he may drink, he is nevertheless to abstain from eating foods. The same applies to any sick person, that if he is able to suffice with drinking alone, then he is not to eat, and if he is able to suffice with one meal then he is not to eat any more. However, from other Poskim^[5] it is evident that a sick person is completely exempt from the fast.

[1] Michaber 554:6; Chayeh Adam 135:2; Kitzur SHU”A 124:7; M”B 554:11; Kaf Hachaim 554:33; Nitei Gavriel 65:12; See also: Rama 686:2 [regarding Taanis Esther]; Chayeh Adam 133:6; M”B 550:4; Kaf Hachaim 550:7

[2] 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

[3] See M”B 554:11; 550:4; Chayeh Adam 133:6; 135:2; Besamim Rosh 280; Yifei Laleiv 2:3; Kitzur SHU”A 124:7; M”B 554:11; Kaf Hachaim 554:33; Nitei Gavriel 65:12

[4] Chasam Sofer 157 “Is a sick person not obligated in the fast? Is it completely permitted for him? Did the Sages not only permit him to eat according to need, and if it suffices for him to drink then he may not eat, and if it suffices for him to eat once then he may not eat a second time?”; Maharil Diskin Kuntrus Achron 75

[5] See Michaber 554:6 and so is implied from Setimas Haposkim, and all Poskim who rule that one who is sick and ate cannot be called for an Aliyah. Vetzaruch Iyun!

May one take medicine on a fast day?^[1]

If one is sick then he is not required to fast, as explained above. Even if one is not sick, it is permitted to take medicine, if the medicine is bitter. He is to swallow it without water or alternatively place something bitter in the water [i.e. dissolve the pill in the water] and use this water to help swallow the pill. [If one is unable to do so, then the medicine may be taken with regular water if the person will fall sick if he does not take it.^[2]]

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[1] Kaf Hachaim 554:34 in name of Kesonos Yosef 4; Ikarei Hadaat 29:36; Tosefes Chaim on Chayeh Adam 1:135-8; Piskeiy Teshuvah 567; Pischei Olam 554:6; Piskeiy Teshuvos 554:7; 568:3; See also regaridng Yom Kippur: Sdei Chemed Yom Kippur 3:8; Yeshuos Yaakov 612; Kesav Sofer 111; Pischeiy Teshuvah Y.D. 155:6; Shoel Umeishiv Mahdura Daled 1:55; Orchos Chaim 618:1; Eretz Tzevi 88; Igros Moshe 3:91; Tzitz Eliezer 10:25; SSH”K 39:8; Nishmas Avraham 612:7; Piskeiy Teshuvos 612:2; Nitei Gavriel 37:23; 39:12-15

[2] Igros Moshe 3:91; Piskeiy Teshuvos ibid

Must one who needs to eat or drink only take the minimal measurements “Shiurim” as required on Yom Kippur?

Some Poskim^[1] rule one is required to follow the same eating and drinking measurements “Shiurim” prescribed on Yom Kippur. Other Poskim^[2] however rule it is not necessary. Practically, the custom is not to follow the former opinion, and hence one who is permitted to eat or drink may do so without limitation.^[3]

[1] Tzemach Tzedek O.C. 108:110; Divrei Nechemia 42; Sefer Haminhagim p. 92 [English]; Halachos Ketanos 2:100; Maharam Shick 289; Shaiy Lamorah 4; Marcheshes 1:14; Biur Halacha 554 “Bemakom” in name of Pischeiy Olam

[2] Chida in Machazik Bracha, brought in Kaf Hachaim 554:31; Maharam Shick 290; Avnei Nezer 540; Aruch Hashulchan 554:7

[3] Shevet Halevi 4:56; Kinyan Torah 1:118; Tzitz Eliezer 10:25-16; Shraga Hameir 1:59; Piskeiy Teshuvos 554:9; Hiskashrus 889 that so he received from several Rabbanei Anash, despite the ruling in Sefer Haminhagim ibid

The reason: Some suggest the entire reason behind the Shiurim recorded in the previous Poskim who are stringent is order to also gain the advantage of being considered to have fasted, and hence be able to count for a Minyan for Kerias Hatorah, and saying Aneinu and the like, however not that one is required to follow these Shiurim. [See Hiskashrus ibid; Piskeiy Teshuvos ibid and 566:6; Marcheshes ibid]

Pregnant woman:^[1]

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.^[2] 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.^[3] Certainly, if she feels sick and needs to lay in bed, she is to break her fast.^[4] Some Poskim^[5] 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^[6] 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.]

[1] Michaber 554:5; Rama 550:1; Pesachim 54b

[2] Aruch Hashulchan 554:7; Piskeiy Teshuvos 554:5

The reason: As she is considered like a sick person. [ibid]

[3] See Q&A!

[4] Piskeiy Teshuvos ibid; and so I received from Harav Asher Lemel Hakohen

[5] Rav SZ”A in Halichos Beisa 25:2; Tzedaka Umishpat Hakdama; Rav Yaakov Yosef; See Nitei Gavriel 65 footnote 2

[6] 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.

[7] From when is a woman considered pregnant in this regard? There is no difference in this regard whether she is in the beginning or end of her pregnancy. [M”B 617:1] The laws of fasting relevant to a pregnant woman begins to apply from the moment she knows she is pregnant, even if this is prior to the passing of 40 days from the time of conception. [Daas Torah 617:1; Sheivet Halevy 7:80; Nitei Gavriel 38:4] However, there are Poskim who question whether prior to 40 days we allow her to break her fast to prevent miscarriage. [Shaar HaTziyon 617:1; See also M”B 550:3; Kaf Hachaim 550:5]

[8] Ruling of Rav Asher Lemel Cohen and Rav Yaakov Yosef

[9] See M”B 617:9; Mamar Mordechai 617:3; Alef Lamateh 617:5; Sdei Chemed 3:2; Meishiv Halacha 242; Minchas Yehuda 29; Nitei Gavriel 38:5; Regarding that the above applies only after 9 months: So ruled Rav Yaakov Yosef and Rav A. L. Cohen

[10] According to Halacha, a child is considered premature, and an 8^th month child, until nine full months have passed from conception. [See Y.D. 374:8; See Meil Tzedaka 5, brought in Pischeiy Teshuvah 374:9 that we follow the Hebrew months in this regard, and not an amount of weeks or days. Thus, since the months vary between 29 and 30 days, determining how many weeks:days need to pass depends on how many days were in each of the nine months of her pregnancy. If, for example, there were five 30 day months and four 29 day months, then it is exactly 38 weeks, which is 266 days. If however there were more or less than five 30 day months, then it would be more or less than 38 weeks. Thus, we determine the completion of nine months based on the passing of Hebrew months, and not based on weeks or days.] Medically, however, a child is only considered premature if born prior to week 37 from her last period, which is approximately week 35 from conception. Nonetheless, a child born in week 37-38 from the last period is termed an “early term baby” and quite often the child is not yet developed enough to be born. It is only considered full term in weeks 39-40 from the last period, which fits the Halachic definition of 37-38 weeks from conception. 

[11] See Poskim ibid that compare a woman giving birth to a regular Yoledes within three days, of which the law is that she may eat regularly.

[12] Piskeiy Teshuvos 317:1 footnote 3; Rav A. L. Cohen

The reason: As there is no danger involved for her or the child if she gives birth in her 9^th month, and hence there is no reason to permit her to eat in order to stop contractions.

Nursing woman:^[1]

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.^[2] 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.^[3] Some Poskim^[4] 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.]

[1] Michaber 554:5; Rama 550:1; Pesachim 54b

[2] Piskeiy Teshuvos 554:6

[3] See Shaareiy Teshuvah 554:14 in name of Machazik Bracha

[4] 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.