The Three Weeks

The mourning customs applicable throughout the three weeks from the 17th of Tammuz until after Tisha B’av

Ashkenazim-When the prohibitions begin

Sephardim-Differences in when the Prohibitions begin

Chapter 2: The Mourning Customs that apply throughout the three weeks:

*Important note: In this chapter, only those laws which apply throughout the entire duration of the three weeks, from the 17th of Tammuz until Tisha B’av, will be discussed. All Halachas which only apply during the nine days, will be discussed in the next chapter. In certain topics, the laws become more severe during the nine days, as will be noted whenever applicable, and one is to refer to the next chapter for the full details of this matter.

1. Engagements and weddings:[9]

Wedding:[10] One may not get married throughout the three weeks.[11] This applies even if one is childless or is single and has small children from a previous marriage.[12] This applies even if the wedding feast will not be celebrated at this time, and will take place at a later date.[13] [From the 17th of Tammuz until Rosh Chodesh Av this prohibition is due to custom, while from Rosh Chodesh Av until Tisha B’av this prohibition is from the letter of the law.[14]]

Engagement:[15] One may date [Shidduchim] and become engaged throughout the three weeks, even on Tisha B’av itself.[16] One may hold an engagement party [Lechaim] with a festive meal up until Rosh Chodesh Av. However, after Rosh Chodesh Av, until Tisha B’av, one may not hold a celebratory meal in honor of the engagement.[17] This applies even on Shabbos.[18] However, one may have an engagement party without a set meal, but with light refreshments, even after Rosh Chodesh.[19] It is forbidden to dance during the engagement party.[20]

2. Haircut:[31]

Ashkenazim may not cut hair throughout the three weeks.[32] [From the 17th of Tammuz until the week of Tisha B’av this matter is forbidden due to custom, while during the week of Tisha B’av it is forbidden from the letter of the law.[33] Sephardim only prohibit cutting hair starting from the week of Tishe Beav, as is the letter of the law.[34] In years that Tishe Beav falls on Shabbos and is differed to Sunday, although there is no week of Tishe Beav for Sephardim in such a case[35], nonetheless, they are to avoid getting haircuts starting the week before.[36]]

Body hair:[37] The prohibition against haircutting applies whether to the hair of the head, and whether to the hair of any other area of the body.

Mustache:[38] One may trim any mustache[39] hair that interferes with him eating. [This applies even during the week of Tisha B’av.[40] However, some Poskim[41] rule that during the week that Tisha B’av falls in, it is forbidden to trim any mustache hair, even if it interferes with food.]

Women: Some Poskim[42] rule a woman may cut her hair throughout the period of the three weeks.[43] However, other Poskim[44] rule a woman may not cut or shave any hair of her body throughout the three weeks, just as is the law by a man. Practically, we are stringent.[45] However, hair that is sticking out of a head covering of a married woman may be cut throughout the three weeks.[46] Likewise, she may cut hair for the sake of immersion in a Mikveh throughout the three weeks.[47] A wife may shave body hair for beauty purposes, to remain attractive to her husband, up until the week of Tisha B’av.[48] Similarly, some Poskim[49] rule that girls who are of shidduchim age may cut hair for beauty purposes, up until the week of Tisha B’av.[50]

Children:[51] It is forbidden for an adult to cut a child’s hair.[52] [This applies even if the child is below the age of Chinuch.[53] Some Poskim[54] rule this applies throughout the three weeks. Other Poskim[55] rule it only applies the week of Tisha B’av. Practically, in a case of need one may be lenient to do so.[56]]

Avel/Mourner:[57] If an Avel ended his Aveilus [i.e. Shloshim; Shiur Gearah] during the week of Tisha B’av, and his long hair is of bother to him, then he may cut it with a razor, although not with a scissor. [This applies specifically to the week of Tisha Beav. However, if his Aveilus ended prior to the week of Tisha Beav, such as between the 17th of Tamuz and Rosh Chodesh Menachem Av, then he may cut his hair regularly with scissors.[58] Some Poskim[59] rule that this applies even during the nine days, until the week of Tisha B’av. However, other Poskim[60] rule that starting from Rosh Chodesh Menachem Av, during the nine days, an Avel may not cut his hair regularly, and must rather use a razor as stated above. Practically, one may be lenient in a time of need.[61]]

3. Dancing:[93]

It is forbidden to dance during the three weeks. [This applies even during joyous occasions, such as an engagement party, and certainly applies during a non-Mitzvah related occasion.]

3. Music:

Just as one may not dance during the three weeks, so too, one may not play or listen[102] to music during the three weeks.[103] [It is forbidden to listen to music, whether live or recorded.[104] This applies likewise to Chassidic Niggunim, whether a slow or fast Niggun.[105] Thus one may not listen to music on a tape, CD, Ipod, MP3 and the like. This applies even to Sephardim.[106]]

4. Shehechiyanu:[157]

It is good[158] to beware not to recite Shehechiyanu over new fruits or clothing during the three weeks.[159] The following is the detailed ruling on this matter:

A. New fruits:

It is good to beware not to recite Shehechiyanu over new fruits during the three weeks [starting from the night of the 17th of Tammuz[160] until after the 11th of Av[161]].[162] This applies even if one already sees a new fruit, nevertheless, he is to delay the recital of Shehechiyanu until he eats it after the three weeks.[163] [Accordingly, one is to avoid eating new fruits throughout the three weeks.[164]]

If the fruit will no longer be available after the three weeks:[165] A fruit which will no longer be available [i.e. not in season] after the ninth of Av [and cannot be guarded until then due to spoilage or loss of taste[166]], may be eaten and have Shehechiyanu recited over it during the three weeks. [Those who say Shehechiyanu on Shabbos, are to wait until Shabbos to say it, unless the fruit will spoil by that time.[167]]

Shehechiyanu on Shabbos: Some Poskim[168] rule one may recite the blessing of Shehechiyanu over a new fruit on Shabbos [and Rosh Chodesh Menachem Av[169]]. Other Poskim[170] rule one may not recite Shehechiyanu even on Shabbos of the three weeks. [Other Poskim[171] rule one may recite Shehechiyanu on Shabbos, up until the nine days.] Practically, the Chabad custom is to be stringent not to recite Shehechiyanu throughout the three weeks.[172]

B. Clothing:[184]

It is good to beware not to recite Shehechiyanu over new clothing during the three weeks.[185] [One is thus to avoid wearing or buying new clothing during the three weeks, as explained in the next Halacha!]

Shabbos: See Next Halacha!

C. Pidyon Haben or Bris:[186]

One may say Shehechiyanu during a Pidyon Haben [or Bris Mila[187], for those accustomed,] that takes place during the three weeks, as he should not lose out from the Mitzvah. [This applies even on Tisha B’av.[188]]

5. Buying, wearing and making new clothing:

A. Buying new clothing:

Between the 17th of Tammuz and Rosh Chodesh Av:[192] It is good[193] to beware not to recite Shehechiyanu over new clothing during the three weeks.[194] Accordingly, it is forbidden to buy or wear new clothing during the three weeks, if they require a blessing of Shehechiyanu.[195] [This applies even to used clothing.[196] However, today that we are no longer accustomed to say Shehechiyanu over clothing, it is permitted from the letter of the law to purchase new clothing until Rosh Chodesh Av.[197] Practically, the Poskim[198] conclude that although today we no longer recite the blessing of Shehechiyanu over clothing, one is not to buy clothing throughout the entire period of the three weeks.[199] This certainly applies to expensive clothing such as suits and jackets and the like. However, regarding all non-important clothing, such as shoes, undergarments [i.e. socks, undershirt, underwear, Kipa] they may be bought up until Rosh Chodesh Av.[200] Furthermore, some Poskim[201] rule one may purchase even shirts and pants, until the nine days, and that so is the custom.]

Buying clothing during the nine days: It is forbidden to buy any clothing during the nine days, even undergarments and even if one does not plan to wear the clothing until after Tisha B’av. See Chapter 3 Halacha 11 for the full details of this matter.

B. Wearing new clothing:[211]

From the 17th of Tammuz until Rosh Chodesh Av:[212] Wearing new clothing between the 17th of Tammuz and Rosh Chodesh Av follows the same ruling as buying new clothing during this time. [Thus, important new clothing is not to be worn, while simple new clothing, such as undergarments and possibly even pants and shirts, may be worn. Now, from the letter of the law, since we are no longer accustomed today to say Shehechiyanu over new clothing, it should be permitted to wear all new clothing up until Rosh Chodesh Av.[213] Practically, however, the Poskim[214] rule one is not to wear new clothing of importance even if he does not need to recite Shehechiyanu over it [i.e. he already recited it during the purchase, prior to the three weeks, or is accustomed to never say Shehechiyanu].

During the nine days:[215] It is forbidden to wear new clothing, during the nine days. This prohibition applies even against wearing new shoes [and undergarments]. See Chapter 3 Halacha 11 for the full details of this matter.

On Shabbos: Some Poskim[216] rule it is permitted to wear new clothing on Shabbos, up until Rosh Chodesh Av. Other Poskim[217] rule it is forbidden to do so, and so is the final ruling. This applies even if one will not be reciting Shehechiyanu on the clothing.

C. Making, Mending & Sewing Clothing:

Until the nine days:[221] It is permitted to fix and mend clothing from the 17th of Tammuz until the start of the nine days. It is even permitted to make new clothing until this time.

During the nine days: It is forbidden to make new clothing during the nine days, as explained in Chapter 3 Halacha 6-See there!

6. Walking alone:[237]

From the 17th of Tammuz until the 9th of Av[238] one is to beware not to walk alone during the three weeks, between the 4th and 9th hours of the day.[239] [There is difference of opinion if this refers to the beginning or end of these hours. Some[240] write it is from the end of the 4th hour until the beginning of the 9th [for a total of 4 hours]. Others[241] write it is from the beginning of the 4th hour until the end of the 9th [for a total of 6 hours]. Others[242] write it refers to end of the 4th hour until the end of the 9th hour. This prohibition is relevant only when walking alone in a deserted area and not when walking alone in a settled area that contains people passing by.[243]]

7. Walking in the shade:[244]

From the 17th of Tammuz until the 9th of Av one is to beware not to walk in the border area between the shade and the sunlight, between the 4th and 9th hours of the day.[245] Likewise, one is to beware from staying in the shade during the months of Tammuz-Av.[246]

8. Abstaining from hitting children:[247]

From the 17th of Tammuz until the 9th of Av[248] one is to beware from hitting his students [or his children[249], even with a belt[250], and certainly not with a stick or rod[251]]. [Some Poskim[252] however rule one may hit a child using his hands. Other Poskim[253] however rule that even using one’s hands to hit is included in the prohibition. Some Poskim[254] rule that this restriction does not apply in a room with a Mezuzah. Some Poskim[255] rule that there is no restriction to hit on the outer limbs such as the hand and leg, and the restriction is only with regards to areas of the inner limbs. Some Poskim[256] rule that the above restriction only applies between the 4th and 9th hour [of the day]. Other Poskim[257] rule that one is to be stringent through the entire period of time.]

9. Avoiding matters of danger:

10. Homes-Moving & renovations:

11. Fasting:[282]

Some are accustomed to fast during the [daylight hours of the] three weeks, from the 17th of Tammuz.

12. Mourning after midday:[283]

Some have the custom to mourn and cry over the destruction of the Temple for a half hour or more each day, after midday, throughout the days of the 17th of Tammuz and 9th of Av. Doing so is a proper custom, as the three weeks is a time of severities, and this mourning benefits the soul tremendously.[284] Some[285] say Tikkun Rachel at this time. This is addition to performing Tikkun Chatzos at night.

Compilation-Buying, renting, and moving into a new home during the three weeks and nine days:

A. Background of Halachic issues:

The action of buying, renting, and moving into a new home during the period of the three weeks touches upon the following five Halachic issues:

1. The prohibition of saying Shehechiyanu:[289] It is good[290] to beware not to recite Shehechiyanu over new fruits or clothing during the three weeks.[291] [The question is thus raised if purchasing, renting, or moving into a new home requires the blessing of Shehechiyanu to be recited, and if so, if one should abstain from doing so during the three weeks.[292]]
2. The prohibition of doing business:[293] One is to diminish in business during the period of the nine days.[294] This includes the buying and selling of items.[295] Some Poskim[296] rule this prohibition only applies towards buying and selling items of joy, such as the needs of a wedding [and silver vessels[297] and any item which is not a necessity[298]]. Other Poskim[299] 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,[300] [although it is proper to be stringent regarding items of joy, such as silver vessels and the like[301]]. [Thus, one is to avoid purchasing during this time all expensive items that give one joy, unless they are considered a necessity.[302] However, all simple items may be purchased even during the nine days.[303] 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.[304]]
3. The prohibition of building a home:[305] 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.[306] One may likewise build for the sake of a Mitzvah[307], such as building or renovating a Shul.[308] [Likewise, one may build for the sake of the public.[309] One may build for the sake of doing business, such as to sell or rent the property.[310]]
4. Bad luck/Mazal:[311] One who has a court case against a gentile during the nine days is to find ways to delay it, as during this time a Jews Mazal is weak. [The question is thus raised if one’s Mazal is affected during the three weeks or nine days in a way that makes it not an opportune time for purchasing, renting, or moving into a new home.]
5. Joy: At the entrance of the month of Menachem Av one diminishes in joy.[312] One is thus not to rejoice at all.[313] [Some[314], however, learn that one is merely diminish in joy and does not have to end all joy completely.] [The question is thus raised if one should avoid purchasing, renting, or moving into a new home during the nine days in order to decrease in matters of joy.]

B. The law:

Moving during the three weeks: From the letter of the law, it is permitted to move into a new home during the three weeks, or nine days.[315] However, if one purchased the home, then since the blessing of Shehechiyanu is required to be recited[316], and the custom is to recite it upon moving in[317], therefore seemingly one should avoid moving into it during the three weeks, when Shehechiyanu is avoided.[318] Practically, if doing so is possible, one should abstain from moving houses throughout the duration of the three weeks, until the 15th of Av.[319] If, however, one already moved a considerable amount of furniture into the home, then there is no need to abstain from moving in.[320]

May one sign a rent contract during the three weeks?[321] It is permitted for one to sign a rent contract during the three weeks.[322] This applies for both the tenant and the landlord. If, however, the home is not needed for personal living or business, but rather for mere pleasure [i.e. a vacation home] then it is best to be avoided during the nine days.[323]

May one sign a contract to buy a home during the three weeks, without yet closing?[324] It is permitted for one to sign a contract to purchase a home during the three weeks.[325] This applies for both the buyer and the seller. If, however, the home is not needed for personal living or business, but rather for mere pleasure [i.e. a vacation home] then it is best to be avoided during the nine days.[326] Many are accustomed to simply write the contract and push off the signing for after the nine days.

May one finalize the purchase of a home during the three weeks? One is not to finalize the purchase a home [i.e. closing and receiving the keys] during the three weeks, and especially during the nine days, unless it is an absolute necessity or a case of loss.[327] Nonetheless, if the blessing of Shehechiyanu will not need to be recited over it [i.e. is real estate property[328], or will move in after three weeks] then one who is lenient has upon whom to rely.[329] If, however, the home is not needed for personal living or business, but rather for mere pleasure [i.e. a vacation home] then it is best to be avoided during the nine days.[330]

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[1] Setimas Kol Haposkim; Chida Chaim Sheal 1:24; Zechor Leavraham O.C. 2:9; Ikarei Hadat 27:9; Kaf Hachaim 551:207; Ashel Avraham Butchacher 551; Tzitz Eliezer 10:26; Divrei Moshe 1:33; Shraga Hameir 2:13; Piskeiy Teshuvos 551:7

[2] Mishnas Yaakov 551; Shut Baruch Hashem 75; Igros Moshe 1:168; 4:112; Even Haezer 1:166; See Shearim Hametzuyanim 122:1;

[3] Piskeiy Teshuvos ibid; See there footnote 51 that even Rav Moshe Feinstein intended with his Teshuvah to simply allow the Chupah during the day and the meal at night and not to permit all the customs of Aveilus without limit.

[4] Igros Moshe 1:168

[5] Ashel Avraham Butchach 551; See M”A 551:26 regarding nine days

[6] Kaf Hachaim 551:4

[7] Implication of Poskim

[8] Yifei Lalev 5:2

[9] 551:2

[10] Michaber 551:2 and Yevamos 43b regarding from Rosh Chodesh Av; Rama ibid that custom is to be stringent from 17^th of Tammuz and so rules: Kneses Hagedola 551:5; Yifei Laleiv 5:3; Ben Ish Chaiy Devarim 4; M”B 551:15; See Kaf Hachaim 551:44

Ruling of Michaber and Sefaradim: The Michaber 551:2 rules that the wedding prohibition only begins on Rosh Chodesh Menachem Av. Nevertheless, some Poskim rule the Sefaradi custom is not to marry during the three weeks. [Kneses Hagedola 551:5; Yifei Laleiv 5:3; Ben Ish Chaiy Devarim 4; Kaf Hachaim 551:44] Other Poskim rule Sefaradim may marry until Rosh Chodesh Av. [Yabia Omer 6:43; Yechaveh Daas 1:36; Chazon Ovadia Bein Hametzarim p. 140]

[11] The reason: As getting married brings extreme joy. [M”A 551:9] In addition, getting married at this time is a bad omen. [Siddur Yaavetz; Moed Lekol Chaiy 9:26; Yifei Laleiv 2:4; Chayeh Adam 133:11; Kaf Hachaim 551:33; 43]

[12] Shvus Yaakov 2:35; Shulchan Gavoa 551:9; Chayeh Adam 133:11; Derech Hachaim 1; M”B 551:18; Kaf Hachaim 551:33 and 42; So rule regarding Sefira: Admur 493:3; Peri Chadash 493:1; Bach 493; Chok Yaakov 493:1

Ruling of Admur and Poskim ibid regarding Sefira: In these countries the custom is to not marry even if one has not yet fulfilled the Mitzvah of having children or does not have anyone to attend to his needs. Nevertheless, from the letter of the law, one who does not have children, or has children but has no one to attend to his needs, is allowed to marry during these days. This is derived from the fact that even during mourning for one’s parents in which it is a decree of the Sages not to marry, nevertheless if one is in the above-mentioned situation he may do so. Thus, certainly during Sefira which is only a custom of mourning it is allowed. Nevertheless, as stated above, the custom in these countries is to be stringent even in such a case. [Admur 493:3 regarding Sefira; Peri Chadash 493:1; Bach 493; Chok Yaakov 493:1; Shvus Yaakov 2:35Chayeh Adam 133:11; Kaf Hachaim 551:33]

[13] M”A 551:9; Levush; Kaf Hachaim 551:34

[14] See Michaber and Rama ibid

[15] Michaber ibid regarding Halachic Eirusin; M”A 551:10 regarding Shidduchin; Kitzur Shulchan Aruch 122:1

Other customs: Some are accustomed not to even date or get engaged during the three weeks. [Kneses Hagedola 551:5; Yifei Laleiv 5:3] Others are accustomed not to date or get engaged during the nine days. [Ben Ish Chaiy Devarim 4 that so is custom of Bagdad]

[16] The reason: As although this also brings great joy, there is fear that someone else may meet her in the interim. [Michaber ibid; See Admur 493:1 regarding Sefira; Michaber 493:1] From here we see that Divine decree does not enforce that a person always marry his true Zivug Rishon [i.e. other half]. The divine decree motivates such a union and promotes it. However, to assure its occurrence it is also dependent upon the effort of the man. [Igros Kodesh 2:193] The above applies even by actual engagement:Kedushin, however simply by Shidduchim, which is our engagement of today, it is anyways allowed as it does not bring so much joy. [Yad Efraim 551]

[17] Michaber 551:2; M”A 551:10; Kitzur Shulchan Aruch 122:1

One who does not have children: From the letter of the law, one who does not have children may hold even a celebratory feast. However, the custom is not to do so. [Ateres Zekeinim 551; Bach]

[18] M”A 551:10; Elya Raba 551:6; P”M 551 A”A 10; Chayeh Adam 133:11; Kitzur Shulchan Aruch 122:1; M”B 551:16; Kaf Hachaim 551:38

[19] M”A 551:10; Elya Raba 551:6; P”M 551 A”A 10; Chayeh Adam 133:11; Kitzur Shulchan Aruch 122:1; M”B 551:16; Kaf Hachaim 551:38

[20] M”A 551:10; Admur 493:1 regarding Sefira; Elya Raba 551:6; P”M 551 A”A 10; M”B 551:16; Kaf Hachaim 551:39

[21] Igros Moshe 1:168; 4:112; Even Haezer 1:166; See Shearim Hametzuyanim 122:1

[22] P”M 551 A”A 9; M”B 551:15

[23] Moed Lekol Chaiy 9:26; Kaf Hachaim 551:34

[24] See Even Pina 2:60; Response of Rebbe in Devar Melech 5752 p. 8, brought in Shulchan Menachem 6:160 “If you would ask a Rav a Pesak Din according to Shulchan Aruch, he would allow and instruct for the wedding to take place even during the three weeks. Kemuvan.”

[25] Piskeiy Teshuvos 493:13 regarding Sefiras Haomer and the same would apply here regarding the period until the nine days

[26] Chasam Sofer 142; Tosefes Chaim 131:14

[27] Igros Moshe 1:159; Rav Ovadia Yosef

[28] The reason: This is allowed being that since the Baal Hasimcha is allowed to make the wedding, one’s own attendance is also considered a Dvar Mitzvah. This can be proven from the fact that we allow Sheva Brachos to take place after Lag Baomer for those weddings that took place on Lag Baomer. [ibid]

[29] Minchas Yitzchak 4:84; Shraga Hameir 6:91; Koveitz Mibeis Levi in name of Rav Wozner

[30] See Minchas Yitzchak 4:84 regarding Sefiras Haomer and the same would apply here regarding the period until the nine days

[31] See Michaber 551:3

[32] Michaber ibid and Mishneh Taanis 26b regarding week of Tisha B’av; Rama 551:4 that we are accustomed to be stringent from the 17^th of Tammuz; Beis Yosef 551 in name of Kol Bo that so is custom of Zekeinim

Ruling of Michaber: The Michaber ibid and Mishneh ibid rule it is only forbidden to cut hair beginning from the week that Tisha B’av fall in. However, prior to this week, it is permitted to cut hair. [Beis Yosef ibid; Kaf Hachaim 551:45] This is the ruling and practice of the Sephardim.

For the sake of a Mitzvah: From the letter of the law, it is permitted to cut hair for the sake of a Mitzvah. [See Rama 551:2; Shivim Temarim 14]

[33] See Michaber and Rama ibid

[34] Michaber 551:3; Beis Yosef ibid; Kaf Hachaim 551:45

[35] Shulchan Gavoa 551:27; Ben Ish Chaiy Devarim 12; Moed Lekol Chaiy 10:25, brought in Kaf Hachaim 551:78; Yabia Omer 6:5; Yechaveh Daas 3:39; However, Kaf Hachaim ibid himself concludes to suspect for the stringent opinion.

[36] Ben Ish Chaiy Devarim 12; Moed Lekol Chaiy 10:25; Kaf Hachaim 551:78

The reason: In order to enter into the fast in an unorderly state. [ibid]

[37] Michaber 552:12 regarding week of Tisha B’av and according to Rama ibid it applies throughout the three weeks; Michaber Yoreh Deah 390:1 and Moed Katan 18b regarding mourning; Tur in name of Ramban

[38] Michaber 551:13; Tur in name of Ramban

A Mohel: A Mohel may trim any hair that interferes with Metzitza. [Kaf Hachaim 551:172 in name of Ikarei Hadaat 27:11]

[39] Michaber ibid simply writes hair of the beard that interferes with eating. However we are accustomed to forbid cutting any hair of the beard other than the mustache.

[40] So is clearly understood from Michaber ibid who in the previous Halacha regarding haircuts only prohibits it on the week of Tisha B’av, and on this he states that trimming the mustache is permitted; Lechem Hapanim 122:3 in opinion of Michaber; Kneses Hagedola 551:13; Mateh Yehuda; Mamar Mordechai 551:12; Kaf Hachaim 551:170

The reason: As the week of Tisha B’av is similar to Shloshim, and not to Shiva. [Poskim ibid] And during Shloshim it is permitted to trim the mustache. [Michaber Y.D. 390:1; Maharitz Geios brought in Tur 390]

[41] Kitzur SHU”A 122:4; Ateres Zikeinim 551:13 that according to the Rambam and Raavad, brought in Shach 390:1 and Beir Hagoleh 390, and so rules Beis Yosef 390, that even within Shloshim it is forbidden to trim the mustache

[42] Panim Meiros 2:37; Ikarei Hadaat 27:19; Pischeiy Teshuvah

[43] The reason: As the Rif and Rambam rule a woman may cut her hair after Shiva by Aveilus, and thus here by Aveilus Yeshana, one may be lenient like their opinion. [ibid]

[44] P”M 551 M”Z 13; M”B 551:79; Kitzur SHU”A 122:3; Kaf Hachaim 551:47; Noda Beyehuda 14:99 regarding the week of Tisha B’av; See Lehoros Nasan 31; Igros Moshe 2:137

[45] Kaf Hachaim ibid

[46] Peri Megadim 551 A”A 13; M”B 551:79

[47] Shraga Hameir 7:36; Piskeiy Teshuvos 551:43 footnote 225

[48] Poskim ibid; Taharas Hamayim in Shiyurei Taharah 54; Mikveh Hamayim 7:12; Piskeiy Teshuvos 551:43

Shaving pubic area: This allowance includes shaving pubic hair for beauty purposes, so she does not become despised in the eyes of her husband. [Poskim ibid]

[49] Piskeiy Teshuvos 551:43; Halichos Beisa 25 footnote 70 in name of Rav SZ”A; Nitei Gavriel 21:3-4 in name of Poskim; See Lehoros Nasan 31; Igros Moshe 2:137

[50] So writes Piskeiy Teshuvos ibid “Only until the week of Tisha B’av”; however Nitei Gavriel ibid does not limit until when it may be cut.

[51] Michaber 551:14; Terumos Hadeshen 152

[52] The reason: As public mourning applies to children for Chinuch purposes. However private mourning does not. [M”A 551:38]

[53] Chayeh Adam 133:18; Ben Ish Chaiy Devarim 6; Shaar Hatziyon 551:91; Aruch Hashulchan 551:31; Kaf Hachaim 551:173

[54] Elya Raba 551:31

[55] Chayeh Adam 133:18, brought in M”B 551:82 and Kaf Hachaim 551:175

[56] Piskeiy Teshuvos ibid and Nitei Gavriel 49:15 based on 531:6 and the commentaries there [M”B 531:6] regarding the allowance to cut a child’s hair during Chol Hamoed.

[57] Michaber 551:15; Moed Katan 17; See Nitei Gavriel Aveilus Vol. 2 6:3-4

[58] M”A 551:18; Taz 551:14; Bach 551; Elya Raba 551:32; Chayeh Adam 133:20; Kitzur SHU”A 122:14

The reason: As the prohibition of getting a haircut during this period is merely due to custom. [Poskim ibid]

[59] Implication of Michaber ibid; Taz 551:14; Bach 551; Degul Merivava 551:4; Shaareiy Teshuvah 551:18

[60] Elya Raba 551:32 based on Rokeiach; Derech Hachaim; Chayeh Adam; Hagahos Rav Baruch Frankel; brought in M”B 551:87

[61] Conclusion of M”B in Shaar Hatziyon 551:93; Kaf Hachaim 551:82

[62] Kaf Hachaim 551:46

[63] Mahariy Bruno 13; Kneses Hagedola 551:31; Mateh Yehuda 551 concludes to be stringent

[64] Elya Raba 551:7; Degul Merivava 551

[65] P”M 551 A”A 11; Ben Ish Chaiy Devarim 14

[66] P”M ibid permits in private; Shaareiy Teshuvah 551:12; M”B 551:20

[67] Piskeiy Teshuvos 551:43; Nitei Gavriel 19:6 in name of Rav Moshe

[68] Nitei Gavriel 19:6 in name of Rav S”Z Aurbauch and Rav Wozner

[69] Nitei Gavriel 21:5; 37:9

[70] Shivim Temarim 14 [From letter of law is permitted, but nest is to differ until after]; Igros Kodesh 18:361; Igros Kodesh 24:355 [Do after Tisha B’av]; Shevach Habris 2:5 [Do on 10^th after midday]; Mishnas Yaakov 551 in name of Satmar Rebbe; Chanoch Lanaar 21:22; Piskeiy Teshuvos 551:44 footnote 231that so is the custom

Other customs: Some Poskim rule one may even initially perform the Upsherinish if the child turn three years old up until; the week of Tisha B’av. [Nitei Gavriel 8:14 in name of Tzanzer Rebbe; Piskeiy Teshuvos 551:44]

[71] Shevach Habris ibid

[72] Igros Kodesh 24:355

[73] See Shaareiy Teshuvah 551:3; Kaf Hachaim 551:10; Piskeiy Teshuvos 551:6

[74] Panim Meiros 3:37; Chasam Sofer 158

[75] Elya Raba 551:28; Chida in Machazik Bracha 551:2; Zera Emes 76; P”M 551 M”Z 13; Or Nelam 10; Makor Chaim 551; Shaareiy Teshuvah 551:3 in name of Poskim; Binyan Tziyon 31; Kitzur SHU”A 122:15; Orchos Chaim Spinka 551 in name of Neziros Shimshon; Kaf Hachaim 551:10

[76] Beir Heiytiv 551:3; Beis Yehuda 2:85; Mateh Yehuda 551; Kitzur Shlah; Sheilas Yaavetz 2:63; Mur Uketzia 551; Noda Beyehuda Kama 28;

[77] Sdei Chemed Bein Hametzarim 1:7

[78] Kaf Hachaim 551:10; Piskeiy Teshuvos 551:6

[79] Sdei Chemed ibid; However, see 493:4 regarding Sefiras Haomer that it may be done the day before the Bris close to night.

[80] Elya Raba ibid; Binyan Tziyon ibid; Kaf Hachaim ibid; Piskeiy Teshuvos ibid

[81] Chasam Sofer ibid; Piskeiy Teshuvos ibid footnote 42

[82] See Piskeiy Teshuvos 551:6

[83] Mishneh Halachos 6:45

[84] Beis Avi 2:58; Shearim Hametzuyanim 120:8 Kuntrus Acharon

[85] See Piskeiy Teshuvos 493:11 footnote 82; P”M 493 M”Z 2 and Biur Halacha 493:2 that whatever haircutting is permitted on Chol Hamoed is permitted during Sefira; Regarding this allowance on Chol Hamoed see: Kapei Aaron 51; Chol Hamoed Kihilchaso 3:6 [p.122]; Piskeiy Teshuvos 531:2; See P”M 531 A”A 12

[86] This would seemingly follow the same leniencies as the previous case and following case.

[87] Aruch Hashulchan 493:3; Piskeiy Teshuvos 493:10; Nitei Gavriel Aveilus 3:13 regarding an Avel; See Chol Hamoed Kihilchaso 3:8 regarding Chol Hamoed, and the same applies during Sefira [P”M 493 M”Z 1; Biur Halacha 493:2]

[88] See Chol Hamoed Kihilchaso 3:8 regarding Chol Hamoed, and the same applies during Sefira [and the three weeks]. [P”M 493 M”Z 1; Biur Halacha 493:2]

[89] Aruch Hashulchan 551:34; So rule regarding Sefira: P”M 493 M”Z 1; Biur Halacha 493:2 “Nohagim”; See however Igros Moshe 2:96 who questions this ruling

[90] Nitei Gavriel 353 footnote 4

[91] Zera Emes 69; Machazik Bracha 493:4; Kaf Hachaim 493:19; See Chasam Sofer 158

[92] Igros Moshe 4:102

[93] M”A 551:10; M”B 551:16; Elya Raba 551:6 that this applies even not during a wedding; Kaf Hachaim 551:39; So rule regarding Sefira: Admur 493:1; M”A 493:1

[94] Kneses Hagedola 551:33; Chaim Sheol 1:21; Oas Chaim Veshalom 265:29 regarding Bris; Mishneh Halachos 6:109 in name of Rav Moshe Feinstein regarding Sheva Brachos; Kaf Hachaim 551:40 [regarding music by Mila] depends this matter on the dispute regarding whether one may build for the need of a Mitzvah [see Rama 551:2 “For the need of a Mitzvah it [building] is all permitted”; The Kaf Hachaim 551:33 brings Poskim who argue on Rama.] The Kaf Hachaim ibid concludes that those which are lenient have upon whom to rely.

Ruling by Sefira: Implication of Admur 493:1; M”A 493:1; M”B 493:3 that the prohibition only applies by “Seudas Reshus” and so rule: Keren Ledavid 119; Igros Moshe 2:95 and in Even Haezer 1:97; Mishneh Halachos 6:109; Yechaveh Daas 6:34

[95] Piskeiy Teshuvos 551:13

[96] See Rashal Baba Kama 7:37 that a Bar Mitzvah is considered a Seudas Mitzvah even if it is not taking place on time, so long as Drasha is recited.

[97] Elya Raba 551:26; Siddur Yaavetz; Initial ruling of Kaf Hachaim ibid; Shraga Hameir 2:13; Orchos Rabbeinu 2:128; Shraga Hameir

Regarding Sefira: So rule regarding Sefira: Maharsham in name of Daas Kedoshim; Minchas Yitzchak 1:111; Shraga Hameir 2:13

[98] Mishneh Halachos ibid; See Piskeiy Teshuvos 551:13

[99] Minchas Yitzchak 1:111; Piskeiy Teshuvos 493:5

[100] Nitei Gavriel Pesach 3 52:6; Rav Asher Lemel Cohen; See Likkutei Sichos 4:1090

[101] The reason: As public Aveilus is not accustomed on Shabbos. However, this requires further analysis, as private Aveilus is accustomed on Shabbos and hence perhaps only a community who commonly dances on Shabbos is allowed to continue dancing. However, see Likkutei Sichos 4:1090 that one must add in even more Oneg and Simcha on the Shabbosim of Bein Hametzarim in order so no one think there is any worry of Aveilus on Shabbos.

[102] Aruch Hashulchan 493:2 regarding Sefira

[103] P”M 551 A”A 10; Kitzur SH”A 122:1

[104] Shevet Halevi 2:57; 127; Igros Moshe 1:166; 3:87; Minchas Yitzchak 1:111; Kinyan Torah 2:99; Yechaveh Daas 3:30; Mishneh Halachos 8:128; Az Nidbaru 10:23; Piskeiy Teshuvos 551:13; 493:4

[105] See Moed Lekol Chaiy 10:19, brought in Kaf Hachaim 551:41 that even by singing of the mouth it is better not to sing even slow Niggunim which break the heart; Piskeiy Teshuvos 551:13; There is no reason to differentiate, as all music has a power of Simcha, and singing a soulful Niggun also gives one Simcha. Admur in various areas of Chassidus writes that some people enjoy fast music while others enjoy slow, depressing music, and each one has a different pleasure. So I received from various Morei Horaahs. However, some are lenient in this matter. Each person is to contact his Rav.

[106] Yalkut Yosef 551:6; Chazon Ovadia Arba Taaniyot p. 414-415; Or Letziyon 3 29:26; Divrei David 1 O.C. 32

[107] See Piskeiy Teshuvos 493:4

[108] See Igros Moshe 1:166 regarding Sefira

[109] See Leket Yosher that the Terumos Hadeshen did not sing during Sefira; Moed Lekol Chaiy 10:19, brought in Kaf Hachaim 551:41, that even by singing of the mouth it is better not to sing even slow Niggunim which break the heart; Yosef Ometz p. 128; Makor Chaim 551:1; Piskeiy Teshuvos 551:13; Nitei Gavriel 10 footnote 2; Yechaveh Daas 6:32; Rav SZ”A is quoted to rule that songs which involve Avodas Hashem [slow Niggunim] may be sung while those songs that involve simple joy which lead to dancing may not be sung.

[110] Shevet Hakehasi 1:189; Piskeiy Teshuvos 493:4 and footnote 35 in name of Rav SZ”A and 551:13 footnote 90 that songs which involve Avodas Hashem [slow Niggunim] may be sung while those songs that involve simple joy which lead to dancing may not be sung.

[111] Music that is not accompanied by instruments of any sort and is merely vocal.

[112] Igros Moshe 1:166; See Sheivet Halevi 8:127 that states the widespread even amongst G-d fearing Jews is to listen to such music [it is however unclear from his reponsa if he is referring to the entire year or even the period of the three weeks]

[113] Sheivet Halevi 8:127 [ in his personal opinion]; Az Nidbaru 8:58; Tzitz Eliezer 15:33; Piskeiy Teshuvos 551:13

[114] Setimas Kol Haposkim; No logic to differentiate; See Moed Lekol Chaiy 10:19, brought in Kaf Hachaim 551:41, who only allows singing slow Niggunim which break the heart, and even this he concludes that it is better not to sin. Hence certainly, one may not listen to it with musical instruments; Yechaveh Daas 6:32; Shevet Hakehasi 1:189; Piskeiy Teshuvos 551:13 that the above allowance is only to sing without musical instruments; Nitei Gavriel Pesach Vol. 3 53:11; Ruling of Gedolei Rabbanei Anash, including Rav S”Z Gurelik OBM, the first Chief Rav of Kefar Chabad, and Rav Eli Landa Shlita [brought below]; The Rebbe’s opinion, as is evident from his Sichas and testimonials [brought below]

[115] In honor of Jewish custom, which is Torah, one may not listen to Niggunim during Sefira or Bein Hametzarim, whether live or recorded, unless it does not contain musical instruments [i.e. only vocal/singing], or one is doing so for an exterior purpose such as to keep one awake while driving, or during exercise, or on occasion in private to lift one’s personal downtrodden and melancholy spirit, in which case all kosher music is allowed to be listened to and not just Niggunim. It is certainly forbidden to play Niggunim with dancing during the above period on behalf of groups of people including students and campers, and those who do so do not have upon whom to rely, even if they do so under the claim that it helps electrify the mood of the participants. So is evident from all the Poskim, and so was the Rebbe’s opinion.

[116] The negation of a differentiation between Niggunim and other songs: I’m not aware of any Poskim who differentiate between Niggunim, or Hasidic music, versus any other music, and there is also no sense or reason to differentiate in the two. The argument that Niggunim is not considered music is similar to saying that Chulent is not considered food and therefore may be eaten on a fast day, and is completely baseless and preposterous. On the contrary, from the words of the Poskim which some have quoted as a source for this ruling, can be deduced the exact opposite. Some, in defense of the allowance to listen to Niggunim, have quoted Poskim who write that slow Niggunim which break the heart are permitted to be listened to. However, in truth they are referring to singing these Niggunim with one’s mouth and are not referring to musical instruments at all. There is certainly no source from any of their words to permit listening to fast and Simchadiki Niggunum.

[117] The Rebbe’s opinion: It is clear from various testimonies as well as public talks of the Rebbe, that he did not hold of such an allowance to listen to Niggunim during Sefira, if they have musical instruments. So can be understood from the fact the Rebbe stated that even the children’s rallies which usually has Niggunim played by them, must be done in a way that is permitted according to all, without any questions in the matter, hence negating the playing of music. [Likkutei Sichos 37 p. 122 “In order for the rally to be permitted according to all it should be connected to a Siyum  Misechta.”] Furthermore, Rav Groner related to me that the Rebbe had personally instructed him on Lag Baomer after sunset to visit the wedding halls and tell them to stop playing the music. Hence, we see that even by a wedding that was started on Lag Baomer, in which many Poskim permit the wedding to continue with music even past sundown, nonetheless the Rebbe took a stringent approach and prohibited it. Likewise, Rav Groner related that one time the Rebbe passed by 770 during the period of Sefira and heard the Mivtza tank playing Niggunim. The Rebbe turned to Rabbi Groner and said to him in astonishment, “do they not know that is forbidden to listen to music during Sefira?” And the Rebbe then directed that they should only put on vocal Niggunim without any musical instruments.

[118] Story by Rav Landa Shlita, of Rav Gurelick: All the veteran Rabbanim that I have spoken to regarding this have told me that they are not aware of any such Heter. Recently, it was publicized in the name of Rav Eli Landa Shlita that he is part of the list of so-called Rabbanim who permit listening to all types of Niggunim during Sefira etc, even with musical instruments. I was puzzled by the suggestion that he would say such a thing, and therefore contacted him myself to verify whether this is true and as to the basis for it. Rav Eli Landa responded to me that it is completely false, and that he never gave such a Heter neither during Sefira or Bein Hametzarim, and on the contrary he has for years spoken against the so-called allowance. He then related to me a story that happened in Kefar Chabad in the early 50s with the first Rav of Kefar Chabad, Rav Shneur Zalman Garelik, for which we see how history repeats itself regarding spreading false allowances in the name of Rabbanim. At that time, Rabbi Landa was a counselor in the Gan Yisrael camp which was run in Kefar Chabad during the period of Bein Hametzarim. One day, one of the staff members put on Niggunim music on the loudspeaker. Rav Landa who was puzzled by this, questioned the individual as to what he was doing, as it is forbidden to listen to music during Bein Hametzarim. The individual responded to him, “what do you want from me, the Rav [Rav Garelik] gave us a Heter to listen to Niggunim.” Rav Landa who accepted the response of the individual as true made no further issue with it, as if the venerated Rav of the Kefar said it’s okay who is he to argue. A few days later he was sent to Rav Garelik with a question on behalf of the camp, relating to a totally different issue. After he finished asking his question, Rav Garelik turned to him and asked him that before he answers his question he has a question for him in return, and Rav Garelik then asked him as to who allowed them to play Niggunim and music in the camp and as on what basis they are doing so? Rav Landa, was taken aback by the question and responded that he was told that Rav Garelik himself was already asked and had said that it is allowed. Is this not true? he asked the Rav. The Rav then told him that in truth he was asked a question by a specific person in a specific scenario as to whether that person may listen to the Niggun of Rav Michel of Zlotchiv, and he responded to him in that scenario that he may listen to it. Seemingly, they took my Pesak in this matter and evolved it into a general allowance in my name to listen to Niggunim, and even fast Simcha Niggunim, during Sefira and Bein Hametzarim. In truth, no such Heter exists. Rav Landa concluded to me that he is shocked by the rampant leniency in this in our circles, and that even the Chareidi radio stations are particular not to play Niggunim with musical instruments during Sefira and certainly he never stated that it is allowed, as he himself believes that it is not allowed.

[119] See Moed Lekol Chaiy 10:19, brought in Kaf Hachaim 551:41, who only allows singing slow Niggunim which break the heart, and even this he concludes that it is better not to sin. Hence certainly, one may not listen to it with musical instruments; Yechaveh Daas 6:32; Shevet Hakehasi 1:189; Piskeiy Teshuvos 551:13 that the above allowance is only to sing without musical instruments; Nitei Gavriel Pesach Vol. 3 53:11;

The negation of such a logic to differentiate between fast and slow music: In truth, there is no reason to differentiate even between slow and fast Niggunim, as all music has a power of Simcha, and singing a soulful Niggun also gives one Simcha, it is just a different type of Simcha. In Chassidus it is explained that some people enjoy fast music while others enjoy slow, depressing music, and each one has a different pleasure, and it is this pleasure of music that we diminish in during the period of mourning. Just as we do not differentiate on a fast day between sweet and sour foods, so too we do not differentiate between sweet and melancholy music. Some, in defense of the allowance to listen to Niggunim, have quoted Poskim who write that slow Niggunim which break the heart are permitted to be listened to. However, in truth they are referring to singing these Niggunim with one’s mouth and are not referring to musical instruments at all. There is certainly no source from any of their words to permit listening to fast and Simchadiki Niggunum.

[120] P”M 551 A”A 10; Kitzur SH”A 122:1; Ben ish Chaiy Devarim 5; Biur Halacha 551 “Mematin” in name of Peri Megadim “May play for gentiles for Parnasa” and Derech Hachaim “Implies that even according to the Peri Megadim it is only allowed until Rosh Chodesh”; Kaf Hachaim 551:39

Ruling by Sefira: One may play music for gentiles for purposes of Parnasa throughout Sefira. [Igros Moshe 3:87; Kinyan Torah 2:99]

[121] The reason: As when doing so for Parnasa purposes it is not considered a matter of Simcha for this person. [ibid]

[122] Igros Moshe 3:87; Kinyan Torah 2:99 regarding Sefira, and based on the P”M 551 A”A 10 the same should apply until the nine days; See Piskeiy Teshuvos 551 footnote 95

[123] The reason: As when doing so for Parnasa purposes it is not considered a matter of Simcha for this person. [ibid]

[124] Betzeil Hachochmah 6:61; Piskeiy Teshuvos 551:14

[125] The reason: As although the teacher is permitted to hear music being that he does not receive pleasure when doing so for Parnasa, however the student does not have such an allowance. Rav Asher Lemel Cohen told me it is forbidden being that there is no allowance for the students and most people are not in such dire need for Parnasa.

[126] Zecher Simcha 63; Tzitz Eliezer 16:19; See Mahrahm Shick 368; Piskeiy Teshuvos 551:14; See Nitei Gavriel 53:6 who does not differentiate regarding the students; Halichos Bas Yisrael 24 footnote 5 [brought in Piskeiy Teshuvos 493 footnote 37] that teachers of a class may prepare the class for a play or skit even if it involves playing music for them as part of the play or skit.

[127] Aruch Hashulchan 493:2 regarding Sefira

[128] P”M 551 A”A 10; Kitzur SH”A 122:1

[129] Shevet Halevi 2:57; 127; Igros Moshe 1:166; 3:87; Minchas Yitzchak 1:111; Kinyan Torah 2:99; Yechaveh Daas 3:30; Mishneh Halachos 8:128; Az Nidbaru 10:23; Piskeiy Teshuvos 551:13; 493:4

[130] See Moed Lekol Chaiy 10:19, brought in Kaf Hachaim 551:41 that even by singing of the mouth it is better not to sing even slow Niggunim which break the heart; Piskeiy Teshuvos 551:13; There is no reason to differentiate, as all music has a power of Simcha, and singing a soulful Niggun also gives one Simcha. Admur in various areas of Chassidus writes that some people enjoy fast music while others enjoy slow, depressing music, and each one has a different pleasure. So I received from various Morei Horaahs. However, some are lenient in this matter. Each person is to contact his Rav.

[131] So is understood from all Poskim who rule a musician may play for gentiles due to that for him it is not for pleasure. [See P”M 551 A”A 10; Kitzur SH”A 122:1; Ben Ish Chaiy Devarim 5; Biur Halacha 551 “Mematin”; Kaf Hachaim 551:39; Igros Moshe 3:87; Kinyan Torah 2:99] So is also understood from M”A 560:9; and Sota 49a regarding the allowance to sing during laborious work in order to hasten their work ability.

[132] See Shevet Halevi 8:127 “Especially the women who do so to remove their depression, and it is permitted” [however it is unclear if he refers to during the year or even during Bein Hametzarim, although, in truth the reason of the Heter should apply during all times]; See Piskeiy Teshuvos 493 footnote 36; Chelkas Yaakov 1:61 and 3:98 regarding Shabbos; See Sefer “Eileh Heim Moadaiy” 3:63-65 for a discussion from Poskeiy Zemaneinu on this matter

The reason: As the music is not being listened to for purposes of joy and dancing but for therapeutic purposes, and in such a case the custom was never accepted to prohibit the music.

[133] This follows the same logic as the previous Q&A.

[134] As one is not doing so for purpose of pleasure and is hence similar to the allowance given to practicing music for purposes of Parnasa.

[135] As ruled in M”A 560:9 that playing music for the sake of performing a work was never included in the prohibition of playing music after the Churban, and perhaps the same applies likewise during the nine days.

[136] Ashel Avraham Butchach 552; Piskeiy Teshuvos 551:14; Nitei Gavriel 15:8

[137] Kneses Hagedola 551:33; Chaim Sheol 1:21; Oas Chaim Veshalom 265:29 regarding Bris; Mishneh Halachos 6:109 in name of Rav Moshe Feinstein regarding Sheva Brachos; Kaf Hachaim 551:40 [regarding music by Mila] depends this matter on the dispute regarding whether one may build for the need of a Mitzvah [see Rama 551:2 “For the need of a Mitzvah it [building] is all permitted”; The Kaf Hachaim 551:33 brings Poskim who argue on Rama.] The Kaf Hachaim ibid concludes that those which are lenient have upon whom to rely.

Ruling by Sefira: Implication of Admur 493:1; M”A 493:1; M”B 493:3 that the prohibition only applies by “Seudas Reshus” and so rule: Keren Ledavid 119; Igros Moshe 2:95 and in Even Haezer 1:97; Mishneh Halachos 6:109; Yechaveh Daas 6:34

[138] Piskeiy Teshuvos 551:13

[139] See Rashal Baba Kama 7:37 that a Bar Mitzvah is considered a Seudas Mitzvah even if it is not taking place on time, so long as Drasha is recited.

[140] Elya Raba 551:26; Siddur Yaavetz; Initial ruling of Kaf Hachaim ibid; Shraga Hameir 2:13; Orchos Rabbeinu 2:128; Shraga Hameir

Regarding Sefira: So rule regarding Sefira: Maharsham in name of Daas Kedoshim; Minchas Yitzchak 1:111; Shraga Hameir 2:13

[141] Mishneh Halachos ibid; See Piskeiy Teshuvos 551:13

[142] Heard from Rabbi Groner, however the dancing may continue

[143] Nitei Gavriel Pesach 3 52:6; Rav Asher Lemel Cohen; See Likkutei Sichos 4:1090

[144] The reason: As public Aveilus is not accustomed on Shabbos. However, this requires further analysis, as private Aveilus is accustomed on Shabbos and hence perhaps only a community who commonly dances on Shabbos is allowed to continue dancing. However, see Likkutei Sichos 4:1090 that one must add in even more Oneg and Simcha on the Shabbosim of Bein Hametzarim in order so no one think there is any worry of Aveilus on Shabbos.

[145] Piskeiy Teshuvos 551:5 in name of Makor Chaim 551

[146] The reason: As public Aveilus is not accustomed on Shabbos. However this requires further analysis as private Aveilus is accustomed on Shabbos and hence perhaps only a community that commonly dances on Shabbos is allowed to continue dancing. However see Likkutei Sichos 4:1090 that one must add in even more Oneg and Simcha on the Shabbosim of Bein Hametzarim in order so no one think there is any worry of Aveilus on Shabbos.

[147] See Piskeiy Teshuvos 551:5

[148] Minchas Yitzchak 1:111; Piskeiy Teshuvos 493:5

[149] Igros Kodesh 20:253 [printed in Shulchan Menachem 3:48]

[150] Koveitz Mibeis Levi 1:56; Piskeiy Teshuvos 493 footnote 37

[151] Halichos Bas Yisrael 24:5; Piskeiy Teshuvos 493 footnote 37

[152] Hiskashrus based on Likkutei Sichos 37 p. 122 “In order for the rally to be permitted according to all it should be connected to a Siyum  Misechta.” The Rebbe does not make clear as to whether this is done to allow live music, recorded music or simply singing and dancing.

[153] Explanation: Regarding mourning laws applicable after the passing of a relative, we rule that they do not have to be followed by children below the age of bar and bas mitzvah. [Michaber Y.D. 396:3; Tur in name of Rosh; Shach in Nekudos Hakesef 340:15 based on Rosh and Tur and Michaber 396; M”A 551:38; Rokeiach Aveilus 314; Degul Merivava 340; Yad Avraham 381; Beis Hillel 381 based on Rashi Taanis 12b; Levushei Serud 340:15; Chochmas Adam 152:17; Pischeiy Teshuvah 340:10; Igros Moshe 1:124; Nitei Gavriel 105:25; and many Poskim in 127 footnote 1; See Pnei Baruch 25 footnote 9 See Pnei Baruch 25; Nitei Gavriel 127] However, mourning laws that are applicable to the public due to tragic occurrences are applicable even to children. [M”A 551:31 “It is implied that it is permitted to give meat and wine to a child this week [of Tishe Beav], as to begin with they were not accustomed to be stringent with a child, however only if he is not of age of mourning” based on Rama 551:10  who permits giving wine of Havdalah to child, and based on Hagahos Maimanis Minhagei Av 59, as explained in Machatzis Hashekel ibid [The M”A ibid negates the argument that the Rama’s allowance is limited to when there is a Mitzvah need involved in the eating or drinking, and proves that it applies in all cases]; Makor Chaim 551:9; Chayeh Adam 133:16; Divreiy Yatziv 2:236; Chanoch Lanaar 21 footnote 5; Or Letziyon 1:33; Yalkut Yosef; Piskeiy Teshuvos 551:41 [that this applies even according to the M”B brought next]; See Nitei Gavriel 38:1;] Thus, just like adults may not listen to music during the period of Sefira in which we mourn the passing of the students are Rabbi Akiva, or the three weeks, so too, children also may not listen to music. [Igros Moshe 4:21-4; Likkutei Sichos 37 p. 122; Koveitz Mibeis Levi 1:57; Halichos Bas Yisrael 24:5; Piskeiy Teshuvos 493 footnote 37; Nitei Gavriel 53:4-5 and footnotes 8-9;] Nonetheless, children who are below the age of Chinuch do not need to be stringent in this matter especially when it is for the sake of keeping them occupied, and not simply for them to rejoice. [Igros Moshe 4:21-4; Halichos Bas Yisrael 25:4; Nitei Gavriel 53: 5 and footnote 9] Furthermore even children are above the age of Chinuch, although they are not initially to listen to music, if it is necessary for the sake of the sanity of the home to keep them calm and occupied then there is room to be lenient to put on a music video for them such as uncle Moishe, as the main restriction against listening to music is only when it is done for purposes of rejoicing and not when done for ulterior purposes.

[154] Igros Moshe 4:21-4; Halichos Bas Yisrael 25:4; Nitei Gavriel 53: 5 and footnote 9

[155] Igros Moshe 4:21-4; Likkutei Sichos 37 p. 122; Koveitz Mibeis Levi 1:57; Halichos Bas Yisrael 24:5; Piskeiy Teshuvos 493 footnote 37; Nitei Gavriel 53:4-5 and footnotes 8-9;

[156] M”A ibid; Chayeh Adam ibid; All Poskim ibid in first footnote, and so agrees: Or Letziyon 1:33; Yalkut Yosef; Divreiy Yatziv 2:236 regarding chicken

[157] Michaber 551:17; Teshuvah Ashkenazim in name of Sefer Chassidim; Drashos Maharil Tisha B’av; Teshuvas Maharil 31; Agguda Brachos in name of Kolbo; Binyoman Zeev 163; Kneses Hagedola 551; Sefer Chassidim 840

[158] Michaber ibid “Tov”; However see M”B 551:45 who writes it is forbidden to wear new clothing during the three weeks being it is forbidden to say Shehechiyanu.

[159] The reason: The reason for this is because since the period of the three weeks is a time of suffering, therefore one should not bless Shehechiyanu which contains the words “Lezman Hazeh” this time [a time of suffering]. It is however not due to the mourning period, as we do not find that a mourner may not recite Shehechiyanu. [M”A 551:42; Sefer Chassidim 840; Birkeiy Yosef 551:15; Kaf Hachaim 551:204; See however Binyoman Zeev ibid; Glosses of Chasam Sofer and Yad Efraim]

[160] Chaim Sheol 1:24; Kaf Hachaim 551:207 unlike Mateh Efraim

[161] Machazik Bracha 558:3; Yosef Ometz 56; Shaareiy Teshuvah 558:2; Kaf Hachaim 551:208

[162] Michaber 551:17; Teshuvah Ashkenazim in name of Sefer Chassidim; Drashos Maharil Tisha B’av; Teshuvas Maharil 31; Agguda Brachos in name of Kolbo; Binyoman Zeev 163; Kneses Hagedola 551; Sefer Chassidim 840

Other Opinions: Some Poskim rule one may say Shehechiyanu during the three weeks on a fruit, as it is a Mitzvah, and by all Mitzvahs one is to do so as soon as possible, as one does not know when his time will come. [Taz 551:17; Yosef Katz of Krakow; See Machatzis Hashekel on M”A 551:44; Kaf Hachaim 551:220]

[163] M”A 551:43

[164] Sefer Chassidim 840; Rav Chaim Vital in Shaar Hakavanos; Birkeiy Yosef 551; Yosef Ometz 56; Maras Hayin 17; Mamar Mordechai 551:14; Zechor Leavraham 9 and 3:31; Shaareiy Teshuvah 551:38; Kaf Hachaim 551:204 and 207

Other opinions: Some Poskim rule one may eat the fruit without saying Shehechiyanu. [Beir Mayim Chaim 7; Kesones Yosef 11; See Birkeiy Yosef ibid in name of Mahariy Tzemach and Rav Chaim Vital that he ate a new fruit without Shehechiyanu]

[165] Rama ibid; Binyoman Zeev 163; Teshuvos Maharil

[166] M”A 551:44; Mizbeiach Adama; Machazik Bracha 551 Kuntrus Acharon ; Kaf Hachaim 551:218

[167] M”A 551:44; See Yad Efraim ibid

[168] Arizal in Shaar Hakavanos p. 89, brought in M”A 551:42; Mateh yehuda 551; Beis David 325; Tur Barkat , brought in Birkeiy Yosef 551:10; Chaim Sheol 1:24; Kaf Hachaim 551:205

[169] Beis Yehuda 61 p. 109; Glosses of Rebbe Akiva Eiger 551; Aruch Hashulchan 551:38; Shaar Hatziyon 551; Kaf Hachaim 551:205

[170] Mateh Moshe 697, and Levush brought in M”A 551:42; Taz 551:17; Sefer Chassidim 843; Kneses Hagedola 551; Elya Raba 551:42; Chayeh Adam 133:8; Derech Hachaim;  Avnei Nezer 428; Kitzur SHU”A 122:2; M”B 551:98

[171] Aruch Hashulchan 551:38; Toras Chaim Sofer 551:35; Kinyan Torah 6:32

[172] Hayom Yom 21^st Tammuz; Sefer Haminhagim;

[173] The issue is not with eating the new fruit, but with the Shehechiyanu, and the Shehechiyanu was already said.

[174] See Shaareiy Teshuvah 551:38; Kaf Hachaim 551:214

[175] Birkeiy Yosef 551:12 in name of Kneses Hagedola 2:34; Implication of Rav Chaim Vital in Shaar Hakavanos

[176] Birkeiy Yosef ibid in name of Mahariy Tzemach in name of Rav Chaim Vital, brought in Shaareiy Teshuvah 551:38; See Avnei Nezer 428; See Kaf Hachaim ibid

[177] Birkeiy Yosef 551:8 and 13; Mahariy Tzemach in Naggid Umitzvah p. 70 and Peri Eitz Chaim 23:1 regarding sick; Shaareiy Teshuvah 551:38; M”B 551:99; Kaf Hachaim 551:211

[178] Opinion in Birkeiy Yosef ibid; M”B 551:99; See Shaareiy Teshuvah and Kaf Hachaim ibid

[179] Birkeiy Yosef ibid in name of Kneses Hagedola; Kaf Hachaim ibid

[180] Birkeiy Yosef 551:9; Zechor Leavraham 3:31; Kaf Hachaim 551:212

[181] M”A 551:42, brought in Beir Heiytiv 551:38; Elya Raba 551:42; Ramaz brought in Birkei Yosef 551:11; Shaareiy Teshuvah 551:38

[182] Mor Uketzia 551; Birkeiy Yosef ibid in name of Kneses Hegdola 2:9; Chaim Sheal 1:24; Bigdei Yesha 551:42; Kaf Hachaim 551:206

[183] Sdei Chemed Bein Hametzarim 1:1; Nitei Gavriel p. 118

[184] Michaber 551:17; Teshuvah Ashkenazim in name of Sefer Chassidim

[185] The reason: The reason for this is because since the period of the three weeks is a time of suffering, therefore one should not bless Shehechiyanu which contains the words “Lezman Hazeh” this time [a time of suffering]. It is however not due to the mourning period, as we do not find that a mourner may not recite Shehechiyanu. [M”A 551:42]

On which clothing is the blessing of Shehechiyanu to be recited over during the year? The blessing of Shehechiyanu may only be recited on clothing of importance of which one rejoices over its purchase [such as a new Kapata; Tallis Gadol; suit, Shabbos hat]. [Seder 12:5] Many are accustomed today not to recite the blessing of Shehechiyanu over any clothing, even a clothing of importance, and thus they do not recite a blessing of Shehechiyanu over a new Tallis Gadol. [Piskeiy Teshuvos 22:1 and 223:6; Maharshag 1:95 states that he never recited Shehechiyanu over a new clothing; Darkei Chaim Veshalom 252 states he only recited Shehechiyanu on Shabbos and Yom Tov clothing; Rabbi Y. L. Groner in a written response to the authors query as to the Rebbe’s custom “The Rebbe said in the name of his father-in-law that men do not make that Bracha on new clothes, not even on a new Tallis, not even when one puts on the Tallis for the first time.”]

[186] Michaber 551:17; Beis Yosef 551

[187] Mamar Mordechai 551:16; Kaf Hachaim 551:216

[188] Daas Torah 551; Piskeiy Teshuvos 551:54

Other opinions: Some Poskim rule Shehechiyanu is not to be recited on Tisha B’av. [Gur Aryeh Yehuda Y.D. 116]

[189] Siddur Yaavetz; Daas Torah 551; Piskeiy Teshuvos 551:54; Toras Hayoledes 48 footnote 15

[190] Siddur Yaavtez; Shaareiy Teshuvah 551:10; Piskeiy Teshuvos 551:54

[191] Sdei Chemed 2:3 in name of Yifei Laleiv; Kaf Hachaim 559:38

[192] Michaber 551:17

[193] Michaber ibid; However see M”B 551:45 who writes it is forbidden to wear new clothing during the three weeks being it is forbidden to say Shehechiyanu.

[194] Michaber 551:17

[195] M”A 551:21 in name of Bach; Kneses Hagedola 551:42; Elya Raba 551:17; Chayeh Adam 133:14; Derech Hachaim 6; Kitzur SHU”A 122:2; M”B 551:45; Kaf Hachaim 551:205 and 10

The reason: As one makes a Shehechiyanu also on buying clothes [See Seder Birchas Hanehenin 12:4]

[196] Siddur Yaavetz; Machazik Bracha 551:10; Shaareiy Teshuvah 551; Kaf Hachaim 551:102

[197] Implication of M”A 551:21 [as he states that if Shehechiyanu was stated prior to the three weeks, at the time of purchase, one may wear the new clothing until Rosh Chodesh Av, and likewise, those who allow saying Shehechiyanu on Shabbos may likewise wear it on Shabbos]; Kaf Hachaim 551:88; Piskeiy Teshuvos 551:25 based on the fact the M”B ibid allows wearing new clothing on Shabbos within the three weeks

The following Poskim rule this way regarding Sefira: Ikarei Hadat 21:17; Keren Ledavid 119; Orchos Yosher 11; Levushei Mordechai 3:153; Kaf Hachaim 493:4; Taamei Haminhagim p. 251; Hagadas Orach Lechaim [Ben Ish Chaiy] 28; Piskeiy Teshuvos 493:3; Ruling of Rav Zalman Dworkin brought in Kovetz Zalman Shimon p. 70-71 that today it is permitted to buy clothing during Sefira and perhaps even the Terumos Hadeshen today would agree, being we no longer say Shehechiyanu

[198] Elya Raba 551:17; Chayeh Adam 133:14; Kitzur Shulchan Aruch 122:2; Aruch Hashulchan 551; Kaf Hachaim 551:89 and 205

The following Poskim rule this way regarding Sefira: Leket Yosher p. 97

[199] The reason: As these items nevertheless bring joy, and are hence forbidden to be purchased irrelevant of the Shehechiyanu. [ibid]

[200] M”B 551:45; Misgeres Hashulchan 122:1; See Seder Birchas Hanehenin 12:4 that such clothing do not receive a blessing of Shehechiyanu; See Aruch Hashulchan Y.D. 389:1

The reason: As they are not considered an important garment to require a Shehechiyanu. [See Seder Birchas Hanehenin 12:4]

Other opinions: The Terumos Hadeshen would not purchase even simple clothing during the period of Sefira. [See Leket Yosher]

[201] Kaf Hachaim 551:88; Piskeiy Teshuvos 551:25

[202] Siddur Yaavetz; Machazik Bracha 551:10; Shaareiy Teshuvah 551; Chayeh Adam 133:14; M”B 551:14 and 46; Kaf Hachaim 551:101-102; See Piskeiy Teshuvos 551 footnote 66

[203] The reason: As from the letter of the law it is even permitted for them to get married during the three weeks, if the Chasan has not yet performed the Mitzvah of having children. [ibid]

[204] See Kaf Hachaim ibid and 551:30 and 33

[205] Piskeiy Teshuvos ibid

[206] 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;

[207] Piskeiy Teshuvos 551:11 footnote 75

[208] P”M 551 A”A 7; M”B 551:11; Kinyan Torah 1:109 as this is considered a “Davar Haaveid”; Piskeiy Teshuvos 551:11 and 27

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

[210] Piskeiy Teshuvos 551:27 footnote 147 based on Rama 551:7 who allows a tailor to make new clothing during the three weeks

[211] 551:6

[212] See M”A 551:21 in name of Bach that one may not wear new clothing starting from the 17^th of Tammuz due to Shehechiyanu

[213] Implication of M”A 551:21 [as he states that if Shehechiyanu was stated prior to the three weeks, at the time of purchase, one may wear the new clothing until Rosh Chodesh Av, and likewise, those who allow saying Shehechiyanu on Shabbos may likewise wear it on Shabbos]; Kaf Hachaim 551:88; Piskeiy Teshuvos 551:25 based on the fact the M”B ibid allows wearing new clothing on Shabbos within the three weeks.

[214] Elya Raba 551:17; Chayeh Adam 43:14; 133:14; Kitzur Shulchan Aruch 122:2; Aruch Hashulchan 551; Kaf Hachaim 551:89 and 205

[215] Michaber 551:6 regarding week of Tisha B’av and Rama 551:6 that we are Machmir from Rosh Chodesh; Tur in name of Ramban

Ruling of Michaber and Sefaradim: The Michaber rules it is only forbidden to wear new clothing during the week of Tisha B’av. [Michaber 551:6; Beis Yosef 551; M”A 551:23; Levushei Serud 551]

[216] M”A 551:21 regarding those who allow reciting Shehechiyanu on Shabbos, or said it already at the time of purchase [or are accustomed to not recite Shehechiyanu on new clothing]

[217] Elya Raba 551:17; Chayeh Adam 133:14; Derech Hachaim 6; Kitzur SHU”A 122:2; Kaf Hachaim 551:205

[218] Mateh Yehuda 551; Kaf Hachaim 551:90

[219] M”A 551:6 regarding Chasan

[220] Nitei Gavriel 4; Piskeiy Teshuvos 551:5

[221] See Michaber 551:7 that even by making new clothing we are only stringent from Rosh Chodesh

[222] See Nitei Gavriel chapter 31

[223] As a Tallis Katan is not considered an important clothing to require Shehechiyanu.

[224] See Igros Moshe 3:80; Piskeiy Teshuvos 551:10

[225] Sheilas Yaavetz 82; Pischei Olam 23; Kaf Hachaim 551:92

[226] See Admur Seder 12:5, as opposed to Luach 11:15 and 21, who rules Shehechiyanu is not recited over items that are not clothing, even if the vessels are made of gold and silver; See Igros Moshe 3:80 and Piskeiy Teshuvos 551:11 that if Shehechiyanu is not recited then it may be purchased.

[227] Igros Moshe 3:80 and 82; Piskeiy Teshuvos 551:11

[228] Admur Seder 12:5, as opposed to Luach 11:15 and 21,

[229] Igros Moshe 3:80

[230] Igros Moshe 3:80; Piskeiy Teshuvos 551:11

[231] Piskeiy Teshuvos 551:10; See Admur Seder 12:5 that we do not say Shehechiyanu over Sefarim

[232] Igros Moshe 3:80

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

[234] 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.

[235] Igros Moshe 3:80

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

[237] Michaber 551:18; Hagahos Maimanis; Rokeiach 309; Midrash Tehillim and Eicha Rabasi 1:29; Tanchuma Naso 23; Ateres Zekeinim 549; Sefer Shemiras Haguf Vihanefesh [Lerner] 135:1-3

[238] Some Poskim rule that one is to especially be careful from Rosh Chodesh Av until the 16^th of Av as the Katev Meriri is certainly found between these days, while from the 17^th and onwards it’s a Safek. [Pesachim 111b; brought in Kaf Hachaim 551:225 and Biur Halacha 551:18; Maharash Yafeh  in Yifei Anaf on Midrash Raba Eicha 1; Birkeiy Yosef 551; Pesach Eiynayim on Pesachim ibid; Rashash Pesachim ibid; Biur Halacha 551:18]

[239] The reason: As during this time, the demon called Ketev Meriri is found. [Rama ibid] See Devarim 32:24; Brachos 5a; Tanchuma ibid that it is a demon like creature; The Ketev Meriri is the name of a creature which is filled with eyes and Kelipos and hairs. He has one eye by his chest. If one even looks at him, he dies. [Eicha Rabasi ibid; Shulchan Gavoa 551:53; Kaf Hachaim 551:229 ]

[240] Eicha Rabasi; 1^st option in M”A 551:45

[241] Naso Rabasi; 2^nd opinion in M”A 551:45; brought ion Levush 551; Chayeh Adam133; Siddur Yaavetz

[242] Elya Raba 551:44; M”B 551:102

[243] Zohar Vayishlach p. 169; Yifei Laleiv 5:6; Aruch Hashulchan 551:39; Eishel Avraham 551; Kaf Hachaim 551:226

[244] Elya Raba 551:43-44; M”B 551:102; Eicha Rabasi ibid; See Kaf Hachaim 551:227-228 Sefer Shemiras Haguf Vihanefesh [Lerner] 135:7

[245] The reason: As during this time, the demon called Ketev Meriri is found in the border of the sun and shade. [ibid]

[246] Shevet Hamussar 16; Kaf Hachaim 551:227

[247] Michaber 551:18; Hagahos Maimanis; Rokeiach 309; Midrash Eicha Rabasi; Midrash Tehillim 58; Sefer Shemiras Haguf Vihanefesh [Lerner] 135:4-6

[248] Some Poskim rule that one is to especially be careful from Rosh Chodesh Av until the 16^th of Av. [Pesachim 111b; Mahrash Yafeh  in Yifei Anaf on Midrash Raba Eicha 1; Birkeiy Yosef 551; Pesach Eiynayim on Pesachim ibid; Rashash Pesachim ibid; Biur Halacha 551:18]

[249] Levush 551; Kaf Hachaim 551:230

[250] Taz 551:18; Levush 551; Mamar Mordechai 551:17; M”B 551:103; Kaf Hachaim 551:231

[251] Piskeiy Teshuvah 551:57

[252] Ashel Avraham of Butshetch 551

[253] Peri Megadim 551 M”Z 18 “Even any type of hitting should be avoided.”; Kaf Hachaim 551:232

[254] Ashel Avraham of Butshetch 551

[255] Ashel Avraham of Butshetch 551

[256] Peri Megadim 551 M”Z 18; Levush 551; Siddur Yaavetz

[257] Tosefes Chaim Chayei Adam 133:17

[258] Moed Lekol Chaiy 26; Shemira Meialya 173; Sefer Shemiras Haguf Vihanefesh [Lerner] 135:8

[259] Teshuvos Vehanhagos 2:263; Piskeiy Teshuvos 551:46

[260] Poskim ibid

[261] Teshuvos Vehanhagos ibid; Rav Moshe Feinsetin, brought in Moadei Yeshurun 128 footnote 12; Halichos Shlomos 2:14 footnote 7; Koveitz Mibeis Levi 13:22; Rivivos Efraim 3:333; 4:135; 6:285; Shevet Hakehasi 1:169

[262] Makor Chaim 551:14 “I saw people who abstained from entering a river during the three weeks due to danger”; Orchos Rabbeinu 2:129 in directive of Steipler; Harav Asher Lemel Hakohen

[263] S מועד לכלdei Chemed 1:10 in name of Rav Chaim Falagy in Masa Chaim; Piskeiy Teshuvos 551:1

[264] Makor Chaim 551:14

[265] See Minchas Elazar 4:54 regarding why by Sefira it is allowed, implying that by Bein Hametzarim it is to be avoided

[266] Heichal Menachem 2:214, published in Shulchan Menachem 3:49

[267] Igros Kodesh 19:376; 24:357; Shaareiy Halacha Uminhag 2:225

[268] Rebbe ibid in Igros Kodesh 19:376; See glosses of Chasam Sofer on M”A 551:2 that after Tisha B’av the Mazal of a Jew shines again

[269] See Shulchan Menachem 3:50

[270] Igros Kodesh 19:376

[271] Igros Kodesh 9:228; 19:390 [brought in Shulchan Menachem 3 p. 48; Sha’arei Halacha Uminhag 2:225]; Not found in other Poskim.

[272] The reason: Seemingly the reason for this ruling is because one is to avoid doing things that change his Mazal during a period of time that a Jews Mazal is bad, just like one is to avoid judgment with a gentile during this time. Alternatively moving is included within matters of joy and one is to avoid doing matters of joy until the 15^th of Av. The reason for why after the 15^th of Av there is no need to refrain from moving, seemingly is because it follows the ruling of the Chasam Sofer 551 regarding avoiding judgment that it only extends until the 15^th.

Not to move at all during Av: In another letter the Rebbe writes one is to avoid moving throughout the month of Av and is rather to try to move in Elul, the month of mercy. [Igros Kodesh 19:390] This follows the ruling of the M”A 551:2 that the bad Mazal of Av extends throughout the month.

[273] 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.

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

[275] This is permitted even during the nine days, 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]

[276] Piskeiy Teshuvos 551:8

[277] Elya Raba 551:4 in name of Mahril based on Michaber ibid who wrote “It is forbidden during the nine days …. Or a building of design and fashion” and he applies it also to the three weeks, and this includes painting.

[278] Elya Raba ibid

[279] Piskeiy Teshuvos ibid based on M”B 551:12

[280] Igros Moshe 3:82

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

[282] Michaber 551:16; Tur in name of Avi Ezri; See Kaf Hachaim 551:191-192

[283] Arizal in Shaar Hakavanos p. 89, brought in M”A 551:45; Peri Eitz Chaim 23:1; Elya Raba 549:4; P”M 549 M”Z 1; Ateres Zekeinim 550; Kaf Hachaim 551:221-224

[284] Shaar Hakavanos ibid; Ateres Zekeinim ibid

[285] Yosef Ometz 21; Kaf Hachaim 551:222

[286] See Likkutei Sichos 18:412; Hisvadyus 5748 2:564; Shulchan Menachem 3:52

[287] Tanchuma Tzav 14; Pesikta of Rav Kahana 6; Pesikta Rabasi 16; Yalkut Shimoni Yechezkal 43:10

[288] Toras Menachem 5750 4:55

[289] Michaber 551:17; Teshuvah Ashkenazim in name of Sefer Chassidim; Drashos Maharil Tisha B’av; Teshuvas Maharil 31; Agguda Brachos in name of Kolbo; Binyoman Zeev 163; Kneses Hagedola 551; Sefer Chassidim 840

[290] Michaber ibid “Tov”; However see M”B 551:45 who writes it is forbidden to wear new clothing during the three weeks being it is forbidden to say Shehechiyanu.

[291] The reason: The reason for this is because since the period of the three weeks is a time of suffering, therefore one should not bless Shehechiyanu which contains the words “Lezman Hazeh” this time [a time of suffering]. It is however not due to the mourning period, as we do not find that a mourner may not recite Shehechiyanu. [M”A 551:42; Sefer Chassidim 840; Birkeiy Yosef 551:15; Kaf Hachaim 551:204; See however Binyoman Zeev ibid; Glosses of Chasam Sofer and Yad Efraim]

[292] The law indeed is that one who purchases a new home [for the sake of living in it, as opposed to a real estate investment ] is to say the blessing of Shehechiyanu. [Admur Seder 12:2; Luach 11:15; Michaber 223:3; Mishneh Brachos 54a; Piskeiy Teshuvos 223:3]

[293] 551:2

[294] Michaber ibid; Braisa Yevamos 43

[295] See all Poskim in coming footnotes

[296] 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

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

[298] P”M 551 A”A 7

[299] 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 in M”A ibid

[300] 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]

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

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

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

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

[305] Michaber 551:2; Braisa Yevamos 43

[306] Michaber ibid

[307] Rama ibid

[308] M”A 551:7; M”B 551:12

[309] Aruch Hashulchan 551:7

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

[311] Michaber 551:1; Rav Papa Taanis 29

[312] Michaber 551:1; Mishneh Taanis 26b

[313] M”A 551:1; Elya Raba 551:1; Shulchan Gavoa 551:2; P”M 551 A”A 1; Chayeh Adam 133:9; M”B 551:1; Misgeres Hashulchan; Kaf Hachaim 551:2

Other opinions: Some Poskim rule one is only required to diminish in joy regarding the joyous matters discussed in this chapter. [Mateh Yehuda 551]

[314] Shaar HaTziyon 551:21 “possibly one only has to diminish his joy and not stop it completely”; Toras Menachem 9:99

[315] Makor Chaim of Chavos Yair 551; Levushei Mordechai 1:101; Or Letziyon 2 26:1; Nitei Gavriel 18:1; 28:10

The reason: There is no explicit prohibition against moving into a new home during the three weeks, or nine days, and doing so does not transgress neither the business, nor the prohibition of building, and is not included in the prohibition against wearing new clothing. [Poskim ibid]

[316] See Admur Seder 12:2; Luach 11:15; Michaber 223:3; Mishneh Brachos 54a; Piskeiy Teshuvos 223:3

[317] See Birchas Habayis 223:33; Levushei Mordechai 1:101; Shaar Hatziyon 223:21 in name of Rav Akiva Eiger that without a Mezuzah one may not live in the home; Piskeiy Teshuvos ibid

[318] Levushei Mordechai 1:101; Nitei Gavriel 18:1

[319] Igros Kodesh 9:228; 19:390 [brought in Shulchan Menachem 3 p. 48; Sha’arei Halacha Uminhag 2:225]; Otzer Yad Hachaim 1033; Nitei Gavriel 18:1; See Orchos Rabbeinu 2:129 in name of Chazon Ish; Not found in other Poskim

The reason: Seemingly the reason for this ruling is because one is to avoid doing things that change his Mazal during a period of time that a Jews Mazal is bad, just like one is to avoid judgment with a gentile during this time. [See M”B 551:14] Alternatively moving is included within matters of joy and one is to avoid doing matters of joy until the 15^th of Av. [Implication of Rebbe in Igros Kodesh 19:390] The reason for why after the 15^th of Av there is no need to refrain from moving, seemingly is because it follows the ruling of the Chasam Sofer 551 regarding avoiding judgment that it only extends until the 15^th.

Not to move at all during Av: In another letter the Rebbe writes one is to avoid moving throughout the month of Av and is rather to try to move in Elul, the month of mercy. [Igros Kodesh 19:390] This follows the ruling of the M”A 551:2 that the bad Mazal of Av extends throughout the month.

[320] Mechzeh Avraham 3:13 regarding Sefira; Otzer Yad Chaim ibid; Nitei Gavriel 18:1

[321] Levushei Mordechai 1:101; Or Letziyon 2 26:1; Nitei Gavriel 28:11; Hamoadim Kehilchasam 49:22

[322] The reason: This is permitted even during the nine days, 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. [Levushei Mordechai ibid] Likewise, this is considered a case of loss, as perhaps the price will go up. [Levushei Mordechai ibid; Or Letziyon ibid; See Michaber 554:23; Ben Ish Chiay Devarim 1:2; M”B 554:11] Likewise, Shema Yikadmenu Acher, and another person may precede him and buy it. [Or Letziyon ibid; See Michaber 551:2 regarding Eirusin; Sotah 2a; Moed Katan 18b] However, see M”A 545:24 and M”B 545:39 that it is not considered a loss being that one can simply buy another home.

[323] As one should abstain from building and doing business of Simcha during these days.

[324] Or Letziyon 2 26:1; Nitei Gavriel 28:11; Hamoadim Kehilchasam 49:22; Nitei Avigdor p. 63; Mikdash Yisrael 55-56

[325] The reason: This is permitted even during the nine days, 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. [Levushei Mordechai ibid] Likewise, this is considered a case of loss. [Levushei Mordechai ibid] Likewise, Shema Yikadmenu Acher, and another person may precede him and buy it. [Or Letziyon ibid; See Michaber 551:2 regarding Eirusin; Sotah 2a; Moed Katan 18b] However, see M”A 545:24 and M”B 545:39 that it is not considered a loss being that one can simply buy another home.

[326] As one should abstain from building and doing business of Simcha during these days.

[327] 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.

[328] Birchas Habayis 24:36; Piskeiy Teshuvos 223:3

[329] See regarding buying clothing that since today we no longer say Shehechiyanu on new clothing, therefore some Poskim permit purchasing new clothing until the nine days. [Kaf Hachaim 551:88; Piskeiy Teshuvos 551:25; The following Poskim rule this way regarding Sefira: Ikarei Hadat 21:17; Keren Ledavid 119; Orchos Yosher 11; Levushei Mordechai 3:153; Kaf Hachaim 493:4; Taamei Haminhagim p. 251; Hagadas Orach Lechaim [Ben Ish Chaiy] 28; Piskeiy Teshuvos 493:3; Ruling of Rav Zalman Dworkin brought in Kovetz Zalman Shimon p. 70-71 that today it is permitted to buy clothing during Sefira and perhaps even the Terumos Hadeshen today would agree, being we no longer say Shehechiyanu] However, other Poskim rule that even if Shehechiyanu is not recited, one is not to purchase new clothing. [Elya Raba 551:17; Chayeh Adam 133:14; Kitzur Shulchan Aruch 122:2; Aruch Hashulchan 551; Kaf Hachaim 551:89 and 205] Accoridngly, also by buying a new home, since the Shehechiyanu is not recited upon purchase but only upon moving in, therefore according to the first opinion above there is no issue to purchase it. However, according to the second opinion, it should not be purchased even in such a case.

[330] As one should abstain from building and doing business of Simcha during these days.