5. Building:[1]

During the nine days one is to diminish in building for pleasure or beauty purposes, such as building a wedding home for his son, or a beautiful architectural structure or beautiful tents. One may however fix a wall which is leaning to fall.[2] One may likewise build for the sake of a Mitzvah[3], such as building or renovating a Shul.[4] [Likewise, one may build for the sake of the public.[5] One may build for the sake of doing business, such as to sell or rent the property.[6]]

Gentile workers:[7] One may not hire gentile workers to build a building for pleasure or beauty purposes during the nine days. However, if the gentile was contracted [before Rosh Chodesh[8]] to be paid for the job [as opposed to an hourly rate], then if the gentile can choose to work during the nine days, without protest from the Jew. Nonetheless, if the Jew appeases the gentile with extra payment to push off the work, then he is blessed. [Furthermore, initially one is to stipulate with the gentile that he will not work during the nine days.[9]]  

Q&A May one build for the sake of expanding his home during the nine days?[10] If the added space is an absolute necessity for him and his family, then one may do so.[11]   May one build for business purposes during the nine days, such as to renovate a home for real estate?[12] Yes.[13]   May one sign a contract to purchase or rent a home during the nine days?[14] Yes.[15]   May the building of apartment complexes continue during the nine days?[16] Yes.[17]   May one who began renovations prior to the nine days continue to do so during the nine days?[18] One may only continue to do so if the added space is an absolute necessity for him and his family. If it is not necessary, but stopping the renovations in middle will cause him a loss, then one may do so through a gentile. If the renovations are being done by gentile workers-see above. Some Poskim[19] allow one in all cases to complete the job up until the week of Tisha B’av.   May one paint his house during the 9 days?[20] No.[21] If, however, one began doing so from before the three weeks then some Poskim[22] rule he may complete the job up until the week of Tisha B’av. House is damaged:[23] The above prohibition and stringency only apply if one desires to paint for pleasure purposes. If, however, the paint of the house is damaged, such as due to a leak or fire and the like, then it may be painted throughout the three weeks, even during the week of Tisha B’av.

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[1] Michaber 551:2; Braisa Yevamos 43

[2] Michaber ibid

[3] Rama ibid

[4] M”A 551:7; M”B 551:12

[5] Aruch Hashulchan 551:7

[6] Makor Chaim 551:2; Dvar Yehoshua 2:73; Nitei Gavriel 28:5

[7] M”A 551:7; M”B 551:12

[8] M”B ibid

[9] Nitei Gavriel 28:7

[10] Sheiris Yaakov 38; Nitei Gavriel 28:8

[11] As the prohibition is only against building of joy and not necessity.

[12] Makor Chaim 551:2; Dvar Yehoshua 2:73; Nitei Gavriel 28:5

[13] As the prohibition is only against building for Simcha purposes, and not against building for Parnasa. [ibid]

[14] Nitei Gavriel 28:11; Levushei Mordechai 1:101

[15] As the prohibition is only against building, and not against buying, and it was already explained in Halacha 2 that we are lenient to allow business to continue as usual during the nine days, so long as it is not of Simcha. [ibid]

[16] Nitei Gavriel 28:4

[17] As the building is not for pleasure or joy purposes, but for basic living, as well it contains the Mitzvah of Yishuv Eretz Yisrael

[18] Nitei Gavriel 28:6

[19] Igros Moshe 3:82

[20] Piskeiy Teshuvos 551:8

[21] Based on Michaber ibid that wrote “It is forbidden during the nine days …. Or a building of design and paint”

[22] Igros Moshe 3:82

[23] See Michaber 551:2; Piskeiy Teshuvos ibid in name of Rav Moshe Halbershtam