8. Eating meat and poultry:[1]

A. The prohibition:[2]

The custom is not to eat meat or poultry[3] throughout the nine days [beginning from Rosh Chodesh Menachem Av, including Rosh Chodesh[4]].[5] It is forbidden to eat meat or poultry due to this custom.[6] One who breaks this custom and eats meat falls into the category of “Poretz Geder Yenashchenu Nachash.”[7]

Shechita:[8] The custom is to avoid slaughtering animals or poultry from Rosh Chodesh until after Tisha B’av [the 10^th of Av[9]].[10] It is however permitted to slaughter for the sake of a Mitzvah such as for an ill person who needs meat, or for Seudas Shabbos or a Bris Mila, as will be explained.

Does the prohibition begin from sunset or Tzeis of Rosh Chodesh?[11] Some are accustomed to abstain from eating meat and poultry starting from after sunset of Rosh Chodesh. Others are accustomed only from nightfall [Tzeis]. See Introduction for the full details of this matter!

Eating a dish which contains meat or poultry: It is forbidden to eat a food which contains meat or poultry amongst its ingredients.[12] If meat or poultry fell into a food, the food may be eaten if it contains sixty times the meat.[13] Alternatively, one may taste the pot to verify if it has a taste of meat. If one sees that it does not have a taste of meat, it is permitted to be eaten.[14]

Cooking food in a meat pot:[15] Pareve foods may be cooked in a meat pot [even if the pot was used for meat in the past 24 hours[16]].

Q&A May one cook in oil that was used to deep fry Schnitzel? No.   May one bake meat and Pareve in the same oven and eat the Pareve? If one of the foods are covered this is permitted without question. If both of the foods are uncovered, then one may only eat the Pareve food if it does not have a taste of meat.   May stores sell meat during the nine days?[17] Yes.[18]   May a meat restaurant remain open during the nine days?[19] Yes.[20]   If one forgot and said a blessing over meat or poultry during the nine days, what is he to do?[21] He is to eat and swallow a small amount of the meat.

B. Cases of exception:

Shabbos: It is permitted [and is a Mitzvah] to eat meat on Shabbos.[22] If the third meal continues past the conclusion of Shabbos, it remains permitted to eat meat and drink wine until one recites Birchas Hamazon, even if the congregation already Davened Maariv.[23] Some Poskim[24] however rule it is forbidden to eat meat past nightfall if the congregation already Davened Maariv.

Children: A child that is below the age of Chinuch may eat meat, poultry and wine during the nine days.[25] A child that is above the age of Chinuch may not eat meat or drink wine during the nine days.[26] The age of Chinuch in this regard is a child that has reached the age of understanding the mourning period [which is not before age 9[27]].[28] Some Poskim[29] however rule one should be stringent if the child has reached the general age of Chinuch of all Mitzvos [which is approximately from age six]. [Practically, the custom of many is to be stringent in this matter.[30]] One may be lenient to give children [below Bar and Bas Mitzvah] to eat meat on Erev Shabbos after midday.[31] [Some Poskim[32] however limit this ruling only to those areas in which Shabbos begins late and one desires to feed the children before Shabbos.]

One who is sick:[33] One who is sick may eat meat.[34] [This applies even if his illness is not dangerous[35], and even if he is only slightly sick.[36] One is not required to do Hataras Nedarim to eat meat in case of illness.[37] This allowance applies even on the week of Tisha B’av, and even past the 7^th of Menachem Av.[38]]

Nursing women: Those women that need to eat meat in order to have milk for their child, may be lenient to do so.[39] This applies even to animal meat.[40] Likewise, if a nursing woman feels weak or sick she may be lenient to eat meat.[41] [However, this only applies if other foods cannot supplement the benefits received in eating meat.[42]] Nevertheless, the custom is to be stringent beginning from the 7^th of Av[43] unless she feels a strong need for it.[44] Practically, this matter of nursing women eating meat during the nine days is to be given to the discretion of a Rav in order so people don’t come to belittle the matter.[45]

Pregnant women: If a pregnant woman feels weak or sick she may be lenient to eat meat.[46] [However, this only applies if other foods cannot supplement the benefits received in eating meat.] Nevertheless, the custom is to be stringent beginning from the 7^th of Av[47], unless she feels a strong need for it.[48] Practically, this matter of pregnant women eating meat during the nine days is to be given to the discretion of a Rav in order so people don’t come to belittle the matter.[49]

After birth:[50] A woman after birth is permitted to eat meat during the nine days. [This applies for all women within 30 days of giving birth.[51]] Nevertheless, the women are accustomed to stop eating meat starting from the 7^th of Av [unless they feel a strong need to eat it[52]].

One who cannot eat milk products:[53] One who cannot eat milk products may eat chicken [or a dish which contained meat.[54]] [This applies even if he is not sick.]

 

Q&A May one taste a meat dish on Erev Shabbos?[55] One may taste a meat dish on Erev Shabbos to see if it requires any extra spices. [One is to simply taste the food and spit it out. One is not to say a blessing upon tasting it.] It is forbidden to eat it in order to fulfill the custom of eating the Shabbos food before Shabbos.   If one started Shabbos early may he make Kiddush and eat meat before sunset?[56] Yes.   May one eat leftover meat from Shabbos? Some Poskim[57] rule it is permitted to eat leftover meat from Shabbos during the weekday. This especially applies during Melaveh Malka.[58] Other Poskim[59] rule it is forbidden, and so is the final ruling.

  C. A Seudas Mitzvah:[60]

One may eat meat and drink wine during a Seudas Mitzvah which is taking place during the nine days, such as a Bris Mila, Pidyon Haben, Siyum Miseches, [or a Bar Mitzvah[61]].[62] However, only those who are coming to the meal out of respect for the Baal Hasimcha, or other similar reason, are allowed to eat.[63] However, those joining simply to be allowed to eat meat and drink wine are forbidden to eat meat and wine.[64]

The week of Tisha B’av:[65] Within the week of the Tisha B’av, only ten people, [in addition to relatives[66]], are to eat meat or drink wine during the meal.

Erev Tisha B’av:[67] The above allowance to eat meat and drink wine during a Seudas Mitzvah applies even on Erev Tisha B’av, with exception to the Seudas Hamafsekes. [When having the meal on Erev Tisha B’av, it is proper to eat it in the morning.[68]]

Kos Shel Bracha:[69]  One may say Birchas Hamazon over wine [i.e. Kos Shel Bracha] by a Seudas Mitzvah.

 

Q&A May one specifically schedule to do a Siyum Misechta in the nine days in order to be allowed to eat meat?[70] Some Poskim[71] rule it is permitted to do so. Other Poskim[72] rule it is forbidden to do so, and only if in any event one happened to finish a Misechta during the nine days, and he is accustomed to make a meal, then he may do so.   On which Misechtos can a Siyum be made? · Finishing Chamisha Chumshei Torah with a commentary.[73] · Completion of one of the Sefarim of Navi together with a commentary of the Rishonim.[74] However, it is disputed in Poskim if one may learn a single Sefer simply for the sake of making a Siyum and exempting oneself from a fast.[75] · A Misechta in Shas.[76] This includes even one of the short Misechtas, such as Miseches Kallah, Sofrim, Avos Derebbe Nasan.[77] Some Poskim[78] rule one may make a Siyum even on one Perek of a Misechta. It is best to make a Siyum that follows all opinions.[79] · A Misechta of Talmud Yerushalmi.[80] · A complete Seder of Shisha Sidrei Mishneh.[81] · Some Poskim[82] rule one may make a Siyum on a single Misechta of Mishnayos in Shisha Sidrei Mishneh, if one learned it in depth with the commentaries. However, it is disputed in Poskim if one may learn a single Misechta simply for the sake of making a Siyum and exempting oneself from a fast.[83] Practically, it is best to make a Siyum that follows all opinions.[84] · A Sefer of Zohar, even if one does not understand.[85] · Completion of one of the four sections of Shulchan Aruch.[86] · Completion of the Rambam’s Mishneh Torah.[87] · Completion of the writing of a Sefer in Chidushei Torah.[88]   Can one make a Siyum if he did not comprehend what he learned?[89] No. the Siyum can only be made if one understands to some level, the words that he read. However, a Siyum may be made if one understood majority of the material, even though some of the material was not understood.[90]                                                         Can one make a Siyum on a later date if he already completed the Misechta? The Siyum celebration must be made in close proximity to the completion of the Misechta, as otherwise the Simcha dissipates.[91] In the event that the Misechta was completed many days earlier, seemingly, the Siyum celebration does not have the status of a Seudas Mitzvah. Perhaps, however, if he concluded the last lines only superficially, with intent to study it in greater depth on the day of the Siyum, then this is also valid. Vetzaruch Iyun!   May one make a Siyum if he learned the Misechta out of order?[92] Yes.   May one make a Siyum Misechta if it was studied in parts by several individuals?[93] Yes.

________________________________________________

[1] 551:9-10; See Piskeiy Teshuvos 551:32-42

[2] Second opinion in Michaber 551:9; Tur 551; M”A 551:26 “and so is the law by Rosh Chodesh according to us”; M”B 551:58 “So is the custom in these provinces” based on Derech Hachaim and Chayeh Adam; Kaf Hachaim 551:125-126

The letter of the law: According to Talmudic law, one is permitted to eat meat and drink wine until the Seudas Hamafsekes. The custom became to extend this prohibition towards even prior to Erev Tisha B’av.

Other Customs: The Michaber ibid records three customs in abstaining from meat and wine: 1) From the week of Tisha B’av [Rambam]; 2) From Rosh Chodesh; 3) From the 17^th of Tammuz. [Kol Bo; Shaar Hakavanos p. 89; See Kaf Hachaim 551:127] Some are accustomed to avoid eating meat until the Shabbos after Tisha B’av [Shabbos Nachamu] as is the opinion of Raban Shimon Ben Gamliel. The Bach negates this custom, saying it is forbidden to do so, as the Halacha has already been established like Rebbe Meir. The Taz 551:10 argues that one who desires to be stringent may do so. [See Taz ibid]

[3] Michaber 551:10

[4] M”A 551:26; M”B ibid

The Sefaradi custom: The Sefaradi custom is to allow eating meat on Rosh Chodesh. They begin to avoid eating meat from the second day of Menachem Av. [Kaf Hachaim 551:125-126; Kneses Hagedola 551:26 custom of Kushta; Chida in Moreh Baetzba 233; Ben Ish Chaiy Devarim 15; Kol Eliyahu 45; Yechaveh Daas 1:41; Chazon Ovadia and Yalkut Yosef; Harav Mutzafi] This is unlike the common misconception that Sefaradim avoid meat only on the week of Tisha B’av. [I personally asked a number of Sefaradim in Israel and Diaspora and all stated they follow the custom to avoid meat from the 2^nd of Menachem Av]

[5] The reason: As meat and wine bring joy. Thus, although even an Avel may eat meat and drink wine, by the Aveilus of the Temple we are more stringent. [Mateh Yehuda 551; Kaf Hachaim 551:119]

[6] Michaber 551:10

[7] Michaber 551:11 “One who eats meat in an area which is accustomed to not eat it is breaking a Minhag and is punished by the bite of a serpent.”; Rashba

[8] Rama 551:9

[9] M”A 551:28

[10] The reason: The reason for avoiding Shechita is because one may come to eat the meat. [M”A 551:28]

[11] M”A 551:36

[12] M”A 551:29; Beir Heiytiv 551:29; Mishneh Berurah 551:63

Other Opinions: Some Poskim rule one may eat a Tavshil Shel Basar. [Kol Bo; Yeish Mi Sheomer in Michaber 551:10; Taz 551:9 and 11 rules one may eat gravy of a meat stew, as well as a dish which contains wine, even if one can taste it.

[13] Peri Megadim 551 A”A 29; Mishneh Berurah ibid; Kaf Hachaim 551:142

[14] P”M ibid; Shaar HaTziyon 551:68

[15] Elya Raba 551:22; Beir Heiytiv 551:29; Peri Megadim 551 A”A 29; M”B 551:63; Kaf Hachaim 551:142

[16] Peri Megadim ibid; Kaf Hachaim ibid

[17] Igros Moshe 4:112; Shraga Hameir 3:9; Piskeiy Teshuvos 551:32

[18] This is allowed as people today are able to buy meat and freeze it. Likewise many people have Seudas Mitzvah, such as a Bris, Pidyon Haben, Siyum Misechta and they are allowed to eat meat.

[19] Piskeiy Teshuvos ibid

[20] This is allowed as ill people are allowed to eat meat.

[21] Sdei Chemed ¼; Piskeiy Teshuvos 551:40

[22] Rama 551:9 “One may slaughter meat for Shabbos”

[23] Elya Raba 551:23; P”M 551 A”A 26; M”B 551:56 based on Elya Raba and Derech Hachaim

[24] M”A 551:26

[25] M”A 551:31 “One may give meat and wine to a child, however only if he is not of age of mourning”; Implication of Rama 551:10; Makor Chaim 551:9; Chayeh Adam 133:16; Divreiy Yatziv 2:236; Chanoch Lanaar 21 footnote 5; Piskeiy Teshuvos 551:41 [that this applies even according to the M”B brought next]

Other Opinions: Some Poskim rule one may not give children meat or wine during the nine days. [Elya Raba 551:24; M”B 551:70; Shaareiy Teshuvah 551:30; Kaf Hachaim 551:155] Some Poskim rule that this applies to children of any age. [Degul Merivava 551 in his opinion of the Elya Raba ibid “Even complete children”] The Piskeiy Teshuvos ibid footnote 214 concludes that so is the custom of the world.

[26] M”A ibid; Makor Chaim 551:9; Chayeh Adam 133:16; All Poskim ibid

Other Opinions: Some Poskim rule that all children below Bar and Bas Mitzvah may eat meat until the week of Tisha B’av. [Chayeh Adam brought in M”B 551:82]

[27] Piskeiy Teshuvos 551:41 footnote 179 in name of Chavos Yair and Meiam Loaz

[28] M”A ibid; and so agrees: Or Letziyon 1:33; Yalkut Yosef; Divreiy Yatziv 2:236 regarding chicken

[29] See Divreiy Yatziv 2:236; Chanoch Lanaar 21 footnote 5; Piskeiy Teshuvos 551:41

[30] Piskeiy Teshuvos 551 footnote 214

[31] Elya Raba ibid; Kaf Hachaim ibid

[32] Igros Moshe 4:21

[33] Rama 551:9 “One may slaughter meat for one who is sick”

[34] The reason: As the Sages never decreed that a sick person not eat meat during the nine days. [Mateh Yehuda ibid; Kaf Hachaim 551:138]

[35] Chayeh Adam 133:16

[36] M”B 551:61

Women during menstruation: A woman who is menstruating and feels slightly sick may eat meat to help give her strength. [Shvus Yaakov 1:27; Shaareiy Teshuvah 551:28]

[37] Mateh Yehuda 551; Kaf Hachaim 551:138; See M”A 581:12; Machatzis Hashekel ibid; Degul Merivava ibid and Yoreh Deah 214:1; Rama 568:2; 581:2 [regarding a Bris during Bahab or Aseres Yimei Teshuvah]; Shaar Hatziyon 568:133 permits in time of need if one cannot find someone to be Matir the Neder

The reason: As the Sages never decreed that a sick person not eat meat during the nine days. This is unlike the ruling in Y.D. 214 that he must perform Hataras Nedarim to stop doing a Minhag, as this only applies in a case that one desires to stop doing it forever, and not due to Oness. [Mateh Yehuda ibid; Kaf Hachaim 551:138]

Opinion of Michaber and Shach: The Michaber 214:1 rules regarding the Hiddur of fasting during Aseres Yimei Teshuvah, that even if one became weak, he is required to do Hataras Nedarim. The Shach 214:2 explains that the reason for this is because only those circumstances that are publicly known not to be included within the Hiddur, such as eating during a Bris Mila during Aseres Yimei Teshuvah, do not require Hataras Nedarim. However an unexpected circumstance is included in the Hiddur and thus requires Hataras Nedarim. The Degul Merivava ibid argues against the Shach’s explanation, and says the Michaber’s ibid ruling referred to a case that due to weakness the person wanted to revoke forever his custom, and for this everyone agrees that Hatara is required.

[38] M”B ibid; Hagahos Baruch Taam

[39] Elya Raba 551:22; Bigdei Yesha 551; Shvus Yaakov 1:27; Shaareiy Teshuvah 551:28; M”B 551:64; Kaf Hachaim 551:137

[40] M”B ibid in name of Peri Megadim

May she eat meat if she is able to eat chicken?  Some Poskim rule that initially only chicken may be eaten, and actual meat may only be eaten if one can’t eat chicken or milk products. [Aruch Hashulchan 551:26; Kaf Hachaim 551:148]

[41] Shvus Yaakov ibid; Shaareiy Teshuvah ibid

If she is not weak or sick: From some Poskim it is implied that a nursing woman may eat meat even if she is not sick, until the 7th of Av. However, in Shaareiy Teshuvah 551:29 and Kaf Hachaim 551:147 it says only if it is difficult for her to eat milk products may one eat chicken.

[42] Piskeiy Teshuvos 551 footnote 219

[43] M”A 554:9 regarding a Yoledes; M”B 551:61; Piskeiy Teshuvos 551:41

[44] Kaf Hachaim 551:147

[45] Shaareiy Teshuvah ibid; Kaf Hachaim 551:147

[46] Shaareiy Teshuvah ibid

[47] M”A 554:9 regarding a Yoledes; M”B 551:61; Piskeiy Teshuvos 551:41

[48] Kaf Hachaim 551:147

[49] Shaareiy Teshuvah ibid; Kaf Hachaim 551:147

[50] M”A 554:9; M”B 551:61

[51] Ashel Avraham Butchach 554; Piskeiy Teshuvos 551 footnote 219

[52] Kaf Hachaim 551:147

[53] M”A 551:28 in name of Bach 552; Elya Raba 551:22; M”B 551:64; Kaf Hachaim 552:146; Aruch Hashulchan 551:24 and 26

[54] Kaf Hachaim ibid

[55] Makor Chaim 551:9; Hisorerus Teshuvah 2:169; Piskeiy Teshuvos 551:40

[56] As besides for the fact it is considered Shabbos for him for all matters, it is considered a Seudas Mitzvah which may be eaten during the nine days. Upashut!

[57] Kol Eliyahu 45; Machazik Bracha 551 KU”A 1; Birkeiy Yosef 551:6, brought in Shaareiy Teshuvah 551:11, Pischeiy Teshuvah 341:12; Mizbeiach Adama; See Bnei Yissachar Tammuz 1:10

[58] Sefer Hachaim Bayad 125:66; Moed Lekol Chaiy 10:20; Orchos Yosher 14; Yifei Laleiv 2:6; See Poskim in Kaf Hachaim 551:144

[59] Nechpah Bakesef 3; Shemen Hamaor; Kerem Shlomo; Shaareiy Teshuvah ibid; Pischeiy Teshuvah 341:12 in accordance to Noda Beyehuda Tinyana Y.D. 4; Kaf Hachaim 551:143; See M”A 551:26 that it is even forbidden to eat meat after nightfall of Shalosh Seudos if the congregation Davened Maariv and hence certainly it would be forbidden to eat leftovers;

[60] Rama 551:10

[61] Yad Efraim on M”A 551:33; Piskeiy Teshuvos 551:36

[62] The reason: As the Sages never decreed that one not eat meat and wine by a Seudas Mitzvah during the nine days. [Mateh Yehuda ibid; Kaf Hachaim 551:138]

[63] Rama ibid “All those which are affiliated with the meal”

[64] M”A 551:35; Taz 551:12; Drashos Maharil; M”B 551:76 based on Rama ibid “but not anymore than this amount”; Kaf Hachaim 551:163

[65] Rama ibid

[66] M”A 551:35; Taz 551:12; M”B 551:77

[67] Rama ibid

[68] M”A 551:37; M”B 551:78

[69] M”B 551:71

[70] See Piskeiy Teshuvos 551:38

[71] Siddur Yaavetz; Kaf Hachaim 551:161; Minhag of Munkatcher in Darkei Chaim Veshalom 667; Tzans; See Poskim in Piskeiy Teshuvos 551 footnote 196

[72] Shaar Hamelech 4:1; Aruch Hashulchan 551:28; M”B 551:73

[73] Igros Moshe O.C. 1:157; See Rama 669; Askinu Seudasa Miluim 1

[74] Minchas Pitim Y.D. 246:26; Pnei Yehoshua Brachos 17a; Halef Lecha Shlomo 386; Igros Moshe O.C. 1:157; Teshuvos Vehanhagos 1:300

[75] See Piskeiy Teshuvos 470:9

[76] Rama ibid

[77] Pischa Zuta in name of Hadras Kodesh; Rebbe in meeting with Pnei Menachem of Ger, printed in Hisvadyus 5744 13^th Adar Rishon

[78] Mentioned in Hisvadyos 5749 4:86; 5750 1:97; Rebbe in meeting with Pnei Menachem of Ger, printed in Hisvadyus 5744 13^th Adar Rishon

[79] Rebbe ibid

[80] Rebbe in meeting with Pnei Menachem of Ger, printed in Hisvadyus 5744 13^th Adar Rishon

[81] Pnei Meivin 103; Betzeil Hachochma 4:99

[82] Peri Hasadeh 3:91; Binyan Shlomo 59; Betzeil Hachochma 4:99; Afrakasa Deanya 1:154-3; Mentioned in Hisvadyos 5749 4:86; 5750 1:97; See Yabia Omer 1:26

[83] See Piskeiy Teshuvos 470:9

[84] Rebbe ibid

[85] Yabia Omer 1:26

[86] Beis Avi 2:52; Mishneh Halachos 6:166

[87] Likkutei Sichos 32:271

[88] Shearim Hametzuyanim Behalacha 113:10 in name of Tiferes Shmuel 55

[89] Piskeiy Teshuvos 470:9

[90] Afrakasa Deanya 1:154

[91] See Shach ibid in name of Maharam of Mintz that one who desires to delay the Siyum celebration is to leave some lines unlearned.

[92] Minchas Yitzchak 2:93; Betzeil Hachochma 2:28

[93] Kinyan Torah 5:52