3. Masa Umatan-Business, buying and selling:[1]

One is to diminish in business during the period of the nine days.[2] This includes the buying and selling of items.[3] Some Poskim[4] rule this prohibition only applies towards buying and selling items of joy, such as the needs of a wedding [and silver vessels[5] and any item which is not a necessity[6]]. Other Poskim[7] rule that the prohibition includes buying or selling any item, and one may only buy or sell for need of Parnasa. Practically, the custom today is to be lenient in all the above, even regarding items of joy,[8] [although it is proper to be stringent regarding items of joy, such as silver vessels and the like[9]]. [Thus, one is to avoid purchasing during this time all expensive items that give one joy, unless they are considered a necessity.[10] However, all simple items may be purchased even during the nine days.[11] In all cases that delaying the purchase of the item at this time will cause a monetary loss, such as the prices will go up, it is permitted to be purchased.[12]]

 

Summary: It is permitted to buy and sell all simple and necessary items as usual during the nine days. One is not to buy and sell expensive items that are not necessities, but rather a luxury, unless it is a case of possible financial loss. Q&A May one buy an expensive item if it is on sale and will not be available for the same price after Tisha B’av?[13] If there is a sale during the three weeks, and the sale will not be available after Tisha B’av, it is permitted to buy the item even during the nine days.   May one buy an expensive item if he will be leaving town, and will be unable to purchase it after Tisha B’av?[14] Yes.   May one order items during the nine days if it will only arrive after Tisha B’av? Yes.[15] However, some Poskim[16] rule one may not do so.   May one purchase and give gifts during the nine days? Yes.[17] One may even buy presents during the nine days for this purpose.[18] Nevertheless, it is proper not to purchase silver items [or other expensive items[19]] during these days.[20]   May one purchase a home during the three weeks? One is not to do so unless it is an absolute necessity or a case of loss.[21]   May one purchase jewelry during the nine days? One is to avoid purchasing jewelry unless it is on sale, or not attainable after Tisha B’av.   May a Jewelry store and silver store remain open during the nine days? Yes, if they have a gentile clientele.   May one purchase Sefarim during the nine days?[22] Yes.   May one buy Tefillin during the nine days?[23]        It is permitted to buy Tefillin throughout the three weeks.[24]   May one purchase house appliances and furniture, such as a fridge, washing machines, couch, during the nine days?[25] If any of these items are a necessity, it may be purchased throughout the nine days. Thus, one may purchase a new washing machine, dryer, fridge, bed, and couch if one’s old one has broken, or an additional one has become necessary. The same applies towards purchasing an air conditioner and the like. If, however, the item is not a necessity, and one desires it for simply extra comfort or beauty, then it may not be purchased during the nine days.   May one purchase a car during the nine days?[26] It is forbidden to buy a car for pleasure purposes during the nine days.[27] If, however, one is buying it for purposes of making a livelihood, it is permitted to buy it during the nine days.

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[1] 551:2

[2] Michaber ibid; Braisa Yevamos 43

[3] See all Poskim in coming footnotes

[4] Tosafus, brought in Tur 551 and so is the custom of world, as brought in Beis Yosef and Bach 551, brought in M”A 551:7; Taz 551:2; M”B 551:11

[5] Peri Megadim 551 brought in M”B 551:11“This includes buying silver vessels”.

[6] P”M 551 A”A 7

[7] 2^nd opinion in Tur 551, brought in M”A 551:7, M”B ibid and Kaf Hachaim 551:21; Implication of Rama 551:7 and Michaber 554:22; Custom of some communities, brought ion M”A ibid

[8] Taz 551:2; Bach 551 in name of Rashal; Elya Raba 551:2; M”B ibid

The reason: As today everything is considered the need of our Parnasa. [Taz ibid; P”M 551 M”Z 2]

[9] Chayeh Adam 133:10; Shaar Hatziyon 551:13; Ben Ish Chaiy Devarim 2; Kaf Hachaim 551:21

[10] Igros Moshe 3:80-82; Piskeiy Teshuvos 551:11

[11] Levushei Mordechai 3:185; Leket Yosher in name of Terumos Hadeshen

[12] P”M 551 A”A 7; M”B 551:11; Ben Ish Chaiy Devarim 2; Kaf Hachaim 551:21; Piskeiy Teshuvos 551:11

[13] P”M 551 A”A 7; M”B 551:11; Ben Ish Chaiy Devarim 2; Kaf Hachaim 551:21; Kinyan Torah 1:109 as this is considered a “Davar Haaveid”; Piskeiy Teshuvos 551:11 and 27

[14] Ben Ish Chaiy Devarim 2; Kaf Hachaim 551:21

[15] Igros Moshe 3:82; Vayivarech David 69; See Piskeiy Teshuvos 551:11 footnote 75

The reason: See Rama 551:7 that one may have a non-Jew make one clothing for it to be ready after the fast; Thus, from here we see that so long as the garment will not be received by the buyer until after the fast, it is permitted. Another aspect we can add, is that no Kinyan Meshicha has been made until one receives the product and hence it is not yet his;

[16] Piskeiy Teshuvos 551:11 footnote 75

[17] Makor Chaim 552:10 “Those who move during the nine days receive presents as is accustomed”; Vayivarech David 71; Piskeiy Teshuvos 551:3; Nitei Gavriel 18:4

The reason: There is no source in Shulchan Aruch for prohibiting the sending of gifts during the three weeks. Furthermore, from the fact the Poskim [M”B 554:41] write that it is forbidden to send presents on Tisha B’av due to Sheilas Shalom clearly proves that there is no prohibition to send gifts on the other days. 

[18] Vayivarech David ibid; Piskeiy Teshuvos ibid

The reason: We do not find any prohibition in buying presents, as since one is not purchasing it for his own use, it does not contain the Simcha. See also Rama 551:7 and Biur Halacha 551:7 “Shel Nachri”]

[19] Vayivarech David ibid

[20] Michaber 551:2 “One is to diminish in business”; Peri Megadim 551 brought in M”B 551:11“This includes buying silver vessels”. Although the M”B ibid concludes like the many Poskim that rule the custom is to be lenient nevertheless in Shaareiy Tziyon 551:13 he writes that regarding business of Simcha, which includes silver vessels as stated above, one is to be stringent. So also concludes Nitei Gavriel 18:6; Vayivarech David 71

[21] See Admur Seder 12:2 that Shehechiyanu is recited over purchasing a new home and hence its purchase is to be avoided during the three weeks.

[22] Piskeiy Teshuvos 551:10

[23] Igros Moshe 3:80

[24] As Tefillin are needed only for the Mitzvah, and are hence not included within the prohibition.

[25] Piskeiy Teshuvos 551:11; Igros Moshe 3:80 regarding a car

[26] Igros Moshe 3:80

[27] The reason: As according to some opinions one needs to say Shehechiyanu on it. [ibid]