Chapter 6: The laws applicable throughout Tisha B’av

Introduction: Upon the arrival of sunset, it is forbidden to eat, drink, wear leather shoes, wash one’s body, anoint oneself, have marital relations, and learn sections of Torah not relevant to the mourning period.[1] As well, the custom is not to greet another person, take walks in public areas, work, or sit on benches or chairs, just like a mourner.[2] In this chapter, we will list the detailed laws of all the above subjects.   The five tragedies that occurred on Tisha B’av:[3] 1. On Tisha B’av of year 2449 the Meraglim returned, and it was decreed that the Jewish people in the desert would not enter Eretz Yisrael. 2. On Tisha B’av of year 3338[4] [שלח-422 BCE] the first Temple was destroyed. 3. On Tisha B’av of year 3828[5] ]68 CE] the second Temple was destroyed. 4. On Tisha B’av of year 3881 or 3901[6] the city of Beitar was destroyed. 5. On Tisha B’av the city [of Jerusalem] was plowed by Turnus Rufus. Other calamities associated with Tisha B’Av: 1) The First Crusade officially commenced on August 15, 1096 (Av 24, AM 4856), killing 10,000 Jews in its first month and destroying Jewish communities in France and the Rhineland. 2) The Jews were expelled from England on July 18, 1290 (Av 9, 5050). 3) The Jews were expelled from France on July 22, 1306 (Av 10, 5066). 4) The Jews were expelled from Spain on July 31, 1492 (Av 7, 5252). 5) Germany entered World War I on August 1–2, 1914 (Av 9–10, AM 5674), which caused massive upheaval in European Jewry and whose aftermath led to the Holocaust. 6) On August 2, 1941 (Av 9, 5701), SS commander Heinrich Himmler formally received approval from the Nazi Party for “The Final Solution.” As a result, the Holocaust began during which almost one third of the world’s Jewish population perished. 7) On July 23, 1942 (Av 9, 5702), began the mass deportation of Jews from the Warsaw Ghetto, en route to Treblinka.

General overview On Tisha B’av, there are restrictions that apply throughout the day, and restrictions that only apply until Chatzos, midday. The following is a list of these customs.   Mourning customs accustomed throughout entire day of Tisha B’av: 1. Fasting 2. No Bathing 3. No Anointing 4. No Leather shoes 5. No Marital relations 6. No Learning Torah [with exception to set studies which may be learned past midday]. 7. No Greeting others 8. No Smoking [unless one is very addicted]. Mourning customs which apply only until midday: 1. No work. 2. No smoking [even if one is very addicted]. 3. No learning the forbidden subjects of Torah. 4. No sitting on a bench or chair.

1. Fasting:

It is forbidden for an adult man or woman to eat or drink anything on Tisha B’av, with exception to the cases brought below.

A. Sick:

One who is sick:[7] A person who is sick and needs to eat, is not required to fast on Tisha B’av.[8] If he needs to eat he is required to break his fast.[9] [Anyone who feels weak and sick to the point he is bedridden[10], is considered sick in this regard, even if it is not life threatening.[11]] See Chapter 1 Halacha 4A for the full details of this subject regarding the 17th of Tamuz, and the same applies here regarding Tishe Beav.

One who is in pain: One who is not sick must fast even if he is experiencing a great amount of pain.[12] However, some Poskim[13] rule one may be lenient if he is in a great amount of pain.

Q&A If one is medically required to drink, must he nevertheless abstain from eating foods? Some Poskim[14] rule that a sick person is only allowed to eat and drink in accordance to his medical need, to give him strength, but not any further. Thus, if one is medically required to drink but is not required to eat, then although he may drink, he is nevertheless to abstain from eating foods. The same applies to any sick person, that if he is able to suffice with drinking alone, then he is not to eat, and if he is able to suffice with one meal then he is not to eat any more. However, from other Poskim[15] it is evident that a sick person is completely exempt from the fast. May a sick person eat and drink to his hearts content, or is there limitation as to what he may eat and drink? See the previous Q&A!   If one is medically required to eat only at night, is he to fast by the daytime of Tisha B’av?[16] Yes.   May one take medicine on a fast day?[17] If one is sick then he is not required to fast, as explained above. Even if one is not sick, it is permitted to take medicine, if the medicine is bitter. He is to swallow it without water or alternatively place something bitter in the water and use this water to help swallow the pill. [If one is unable to do so, then the medicine may be taken with regular water if the person will fall sick if he does not take it.[18]]

B. Pregnant woman:[19]

A pregnant woman must fast on Tisha B’av just like on Yom Kippur. [If, however, a pregnant or nursing woman feels weak and will become sick due to the fast, she is not to fast.[20] If a pregnant woman begins to feel dizzy or begins to experience labor [i.e. contractions] or low/high blood pressure, she is to break her fast.[21] Certainly, if she feels sick and needs to lay in bed, she is to break her fast.[22] Some Poskim[23] are lenient for all pregnant women who are prior to their due date, to not fast if it is very difficult due to the hot weather. Furthermore, some Poskim[24] are lenient in all cases, that a pregnant woman prior to her due date is not to fast, due to fear of miscarriage. Practically, such a woman is to contact a Rav for a final ruling.]

Q&A If a pregnant woman began to have contractions, is she to break her fast? From beginning of pregnancy[25] up to end of 9th month:[26] If a pregnant woman who is before the conclusion of her 9th month feels contractions that can lead to miscarriage or early birth, or if she feels pressure to push out the baby, then she is to eat and drink any amount of food until her body calms down. After 9th month:[27] A pregnant woman who has completed her 9th month [past week 37 from conception[28]] is not to break her fast unless she has entered into active labor to the point she cannot walk, is on the birthing stool, or has broken her waters, just as is the law regarding transgressing Shabbos. When she reaches this point, she may eat regularly.[29] However, prior to reaching this state, she is not to eat or drink, unless she feels sick or bedridden.[30]

C. Nursing woman:[31]

A nursing woman must fast on Tisha B’av just like on Yom Kippur. [However, a nursing woman who feels sick and needs to lay in bed, is not to fast.[32] If a nursing mother feels healthy, but she will not have milk for her child if she fasts, then if her child only eats from her, she may break her fast.[33] Some Poskim[34] rule that even if she is able to feed the child formula and the like, nevertheless, she is not required to do so. Practically, such a woman is to contact a Rav for a final ruling.]

D. Yoledes-A woman who is after childbirth:[35]

A woman within 30 days of childbirth is not required to fast.[36] Nevertheless, the custom is to fast unless she is experiencing great pain, in which case there is worry of danger.[37] Nonetheless, a woman may choose to be lenient against this custom and not fast within thirty days of birth even if she is not in pain.[38] [Practically, in today’s times all women within thirty days of birth are to be taught not to fast.[39] However, some Poskim[40] rule that a woman who is after seven days, and feels healthy, is to fast. Accordingly, such a woman is to contact a Rav for a final ruling. Certainly, if she is within seven days of birth, and even more so if she is within three days of birth, it is forbidden for her to fast.[41]]

E. Taanis Nidche:[42]

If the fast fell on Shabbos and was hence deferred to Sunday, one may be lenient not to fast even if he or she is a slightly sick, and is not bedridden. Likewise, a pregnant [or nursing] woman may break her fast if she feels even slightly sick [or weak].[43] [This applies even absent of the other reasons for exempting a pregnant woman from fasting, as explained above.] Certainly a Yoledes within 30 days is not to fast on Tishe Beav Nidche even according to the stringent opinion mentioned above.[44] In all the above cases of exemption, there is no need for the person to fast until Mincha time and he may eat right away in the morning [or even at night].[45] [Regarding Havdalah-See Chapter 8 Halacha 11!]

General Q&A When exempt from fasting, as stated above, must one nevertheless try to fast as many hours as possible? Some Poskim[46] rule that one who is exempt from fasting should at the very least fast for a few hours, if it is not too difficult. Practically, the final Rabbinic directive is that one who is exempt from fasting may eat immediately in the morning.[47] Nevertheless, if possible, one is try to fast at night, until the morning.[48] When Tisha B’av falls on Motzei Shabbos, if one is able to fast until the morning, Havdala is not to be recited until the next day.[49]

Must one who needs to eat or drink only take the minimal measurements “Shiurim” as required on Yom Kippur? Some Poskim[50] rule one is required to follow the same eating and drinking measurements “Shiurim” prescribed on Yom Kippur. Other Poskim[51] however rule it is not necessary. Practically, the custom is not to follow the former opinion, and hence one who is permitted to eat or drink may do so without limitation.[52]   May one who is not required to fast eat like a normal day?[53] It is proper to diminish somewhat in eating and drinking if one is not fasting that day, in order to participate in the day of oppression followed by the community.   When Tisha B’av falls on Sunday, must one who is not fasting say Havdala prior to eating? Yes.[54] This includes men and women. What is the Seder of Havdala in such a case? One omits the verses of “Hinei Keil Yeshuasi”[55], and rather begins from the blessing of Hagafen or Shehakol [depending on his beverage]. The blessing of Besamim is omitted. If this Havdala is being recited on Sunday, the blessing of Haeish is likewise omitted, and is to be said the night before. Is wine to be used or Chamer Medina? Some Poskim[56] rule one is to use wine or grape juice. Others[57] rule one is only to use Chamer Medina, such as tea or coffee. If there is a child available who has not reached the age of Chinuch for mourning but is past the age of Chinuch for blessings, one may say Havdala over wine and give him to drink.[58] Question: [Tuesday 7th Menachem Av, 5780] Should I eat the Seudas Hamfsekes even if I will not be fasting?   Answer: Yes, you should nevertheless eat a Seudas Hamafsekes and partake in all its regulations and customs. Sources: See Shevet Halevi 10:83; Halichos Shlomo 15:2; Halichos Vehanhagos p. 13; Or Letziyon 28 footnote 1; Toras Hayoledes 48 footnote 18; Nitei Gavriel 51 footnote 6

 

F. Children Fasting:[59]

All children who are above the age of Bar or Bas Mitzvah are obligated to fast on all accustomed fast days.[60] All children who are below the age of Bar or Bas Mitzvah, are not required to fast any of the four Rabbinical fasts, including Tisha B’av.[61] [This applies even if the child is within three fasts from his/her Bar/Bas Mitzvah.[62] One is not even required to educate the child to fast for a certain amount of hours into the day [i.e. Taanis Shaos].[63] Nevertheless, some Poskim[64] rule that regarding Tisha B’av, children[65] who have reached the age of education in this regard, which is approximately nine years old, are to delay their meals a few hours[66] into the day from its set time. However, children below the age of education are to be fed like normal and it is even forbidden to delay their meals from their regular times, being that this can lead them to becoming in a state of danger.[67]]

What may the children eat? Some Poskim[68] rule that a child who has reached the age of understanding the mourning[69] is only to be allowed to eat bread and water or other simple staple food. The custom however is not like this opinion.[70] [However, they are not to be given sweets and the like, although one is not required to stop them from eating it if they are in the midst of doing so.[71]] 

Q&A Are children to fast on the night of Tisha B’av until morning?[72] The custom of many is that children of Chinuch age fast until the morning. This is not required from the letter of the law.   If one is not fasting, is he to wash hands as usual [until the wrist] when eating bread on Tisha B’av?[73] Yes. If a child below Bar/Bas Mitzvah desires to fast on Tisha B’av, may the parent allow him to do so?[74] If the child is already close to the age of Bar/Bas Mitzvah and the parent does not see any danger involved for the child to fast, then although he may not force the child to fast, he is also not required to protest him from fasting. When Tisha B’av falls on Sunday, are children who have reached the age of Chinuch to say Havdala prior to eating?[75] Some Poskim[76] rule children are to say Havdala prior to eating. Other Poskim[77] rule they may eat before Havdala and are to hear Havdala on Motzei Tisha B’av, from their father. If a child became Bar Mitzvah on Sunday Tisha B’av Nidche, must he fast? Some Poskim[78] rule he is obligated to fast. Other Poskim[79] rule he is not obligated to fast. Practically, he is to fast.[80]

G. Does one who eats bread on Tisha B’av recite Nachem in Birchas Hamazon?[81]

One who eats bread on Tisha B’av is to say Nachem in Birchas Hamazon.[82] It is recited prior to Uvinei Yerushalayim.[83] It is recited each time that one recites Birchas Hamazon on Tisha B’av.[84] [However, some Poskim[85] rule that based on Admur in the Siddur one is not to recite Nacheim in Birchas Hamazon. Practically it is to be recited.[86] Children who ate bread are to recite Nachem in Birchas Hamazon.[87]]

Q&A If one is not fasting, is he to wash hands as usual [until the wrist] when eating bread on Tisha B’av?[88] Yes.

Compilation-Exemptions for fasting on a Tishe Beav Nidche:

Tishe Beav is considered the most severe of the Rabbinical fasts, and obligates even pregnant and nursing women to fast, however not those who are Halachically defined as sick. In years that Tishe Beav falls on Shabbos and is differed to Sunday, certain leniencies apply which lower the bar of exemption for the sick [i.e. the form of sickness], pregnant, nursing, and those after birth, as will be delineated below. 

A. Sick:

The law by a regular year:[89] A person who is sick and needs to eat, is not required to fast on any Rabbinical fast day, including Tisha B’av.[90] If he needs to eat he is required to break his fast.[91] [Anyone who feels weak and sick to the point he is bedridden[92], is considered sick in this regard, even if it is not life threatening.[93] One who is not sick must fast even if he is experiencing a great amount of pain.[94] However, some Poskim[95] rule one may be lenient if he is in a great amount of pain.]

The extra leniency by Tishe Beav Nidcheh:[96] If the fast fell on Shabbos and was hence differed to Sunday, one may be lenient not to fast even if he or she is only slightly sick, and is not bedridden.

B. Pregnant women:

The law by a regular year:[97] A pregnant woman must fast on Tisha B’av just like on Yom Kippur. [If, however, a pregnant or nursing woman feels weak and will become sick due to the fast, she is not to fast.[98] If a pregnant woman begins to feel dizzy or begins to experience labor [i.e. contractions] or low/high blood pressure, she is to break her fast.[99] Certainly, if she feels sick and needs to lay in bed, she is to break her fast.[100] Some Poskim[101] are lenient for all pregnant women who are prior to their due date, to not fast if it is very difficult due to the hot weather. Furthermore, some Poskim[102] are lenient in all cases, that a pregnant woman prior to her due date is not to fast, due to fear of miscarriage. Practically, such a woman is to contact a Rav for a final ruling.]

The extra leniency by Tishe Beav Nidcheh:[103] A pregnant woman may break her fast if she feels even slightly sick [or weak].[104] [This applies even absent of the other reasons for exempting a pregnant woman from fasting, as explained above.] 

C. Nursing women:

The law by a regular year:[105] A nursing woman must fast on Tisha B’av just like on Yom Kippur. [However, a nursing woman who feels sick and needs to lay in bed, is not to fast.[106] If a nursing mother feels healthy, but she will not have milk for her child if she fasts, then if her child only eats from her, she may break her fast.[107] Some Poskim[108] rule that even if she is able to feed the child formula and the like, nevertheless, she is not required to do so. Practically, such a woman is to contact a Rav for a final ruling.]

The extra leniency by Tishe Beav Nidcheh:[109] A nursing woman may break her fast if she feels even slightly sick [or weak].[110] [This applies even absent of the other reasons for exempting a pregnant woman from fasting, as explained above.] 

D. Yoledes-A woman who is after birth:

The law by a regular year:[111] A woman within 30 days of childbirth is not required to fast.[112] Nevertheless, the custom is to fast unless she is experiencing great pain, in which case there is worry of danger.[113] Nonetheless, a woman may choose to be lenient against this custom and not fast within thirty days of birth even if she is not in pain.[114] [Practically, in today’s times all women within thirty days of birth are to be taught not to fast.[115] However, some Poskim[116] rule that a woman who is after seven days, and feels healthy, is to fast. Accordingly, such a woman is to contact a Rav for a final ruling. Certainly, if she is within seven days of birth, and even more so if she is within three days of birth, it is forbidden for her to fast.[117]]

The extra leniency by Tishe Beav Nidcheh:[118] Certainly, a Yoledes within 30 days is not to fast on Tishe Beav Nidche even according to the stringent opinion mentioned above.

E. Fasting until Mincha:[119]

In all the above cases of exemption, there is no need for the person to fast until Mincha time and he may eat right away in the morning [or even at night]. [Regarding Havdalah-See Chapter 8 Halacha 11!]

Q&A When Tisha B’av falls on Sunday, must one who is not fasting say Havdala prior to eating? Yes.[120] This includes men and women. What is the Seder of Havdala in such a case? One omits the verses of “Hinei Keil Yeshuasi”[121], and rather begins from the blessing of Hagafen or Shehakol [depending on his beverage]. The blessing of Besamim is omitted. If this Havdala is being recited on Sunday, the blessing of Haeish is likewise omitted, and is to be said the night before. Is wine to be used or Chamer Medina? Some Poskim[122] rule one is to use wine or grape juice. Others[123] rule one is only to use Chamer Medina, such as tea or coffee. If there is a child available who has not reached the age of Chinuch for mourning but is past the age of Chinuch for blessings, one may say Havdala over wine and give him to drink.[124]   When exempt from fasting, as stated above, must one nevertheless try to fast as many hours as possible? Some Poskim[125] rule that one who is exempt from fasting should at the very least fast for a few hours, if it is not too difficult. Practically, the final Rabbinic directive is that one who is exempt from fasting may eat immediately in the morning.[126] Nevertheless, if possible, one is try to fast at night, until the morning.[127] When Tisha B’av falls on Motzei Shabbos, if one is able to fast until the morning, Havdala is not to be recited until the next day.[128]   May one who is not required to fast eat like a normal day?[129] It is proper to diminish somewhat in eating and drinking if one is not fasting that day, in order to participate in the day of oppression followed by the community.

2. Smelling spices:[130]

Some Poskim[131] rule it is permitted to smell spices on Tisha B’av. Other Poskim[132], however, rule it is forbidden to smell spices on Tisha B’av.[133]

Smoking:[134] If it is not difficult, one is to avoid smoking on Tisha B’av. Accordingly, one who is not overly addicted should not smoke. If, however, one finds this very difficult, he should at the very least delay smoking until after midday, and even then, it should only be done in private.

How does one recite 100 blessings on Tisha B’av without spices?[135] One is to concentrate on the blessings of the Aliyos to the Torah by both Shacharis and Mincha, and the Haftorah and answer Amen. [By doing so, one fulfills 20 blessings, and can easily reach a total of 100 blessings.[136]] Nevertheless, one does not fulfill his obligation of Meiah Brachos with such a blessing unless he heard the blessing from the person saying it.

3. Leather shoes:[137]

A. The law:

It is forbidden to wear leather shoes on Tisha B’av. This includes all footwear which contains leather, even if the shoe is mainly of a different material.[138] It is forbidden to wear it even on one foot.[139]

Shoes made of other materials: Footwear made of other material, is permitted.[140] However, it is best to be stringent and not wear shoes made of wood.[141] [Likewise, some Poskim[142] rule one is not to wear comfortable sneakers/shoes that prevent the feet from feeling the hardness of the ground, even if they are not made of leather. Other Poskim[143] however rule it is permitted to wear any shoe that does not contain leather, and so is the Chabad custom.[144]]

Children: One may not place leather shoes on a child, even if the child is below the age of education.[145] However, some Poskim[146] are lenient to allow all children below Bar and Bas Mitzvah to wear leather shoes. [The custom is like the former opinion.[147] However, some[148] write that children of a very young age, such as 2-3 years old, may be lenient.]

Standing on top of leather cloth:[149] Although there is no prohibition against standing on a cloth made of leather, nevertheless, one who is stringent is blessed.

B. Cases of exception:

Woman who is within 30 days after birth:[150] A woman who is within thirty days of giving birth may wear leather shoes.[151] [This however only applied back then when only leather shoes were able to provide warmth, however today that there are many shoes of other material in most of the modern world, it is forbidden to wear leather shoes on Yom Kippur even in such a case.[152]]

A sick person:[153] A sick person is allowed to wear leather shoes being they are sensitive to the cold. [However, he is to place earth into the shoes upon wearing it.[154] This entire law however only applied back then when only leather shoes were able to provide warmth, however today that there are many shoes of other material in most of the modern world, it is forbidden to wear leather shoes if other warm shoes are available.[155]]

One who has a foot injury:[156] One who has a foot injury is allowed to wear leather shoes if needed. [However, they are to place earth into the shoes upon wearing it.[157] This entire law however only applied back then when only leather shoes were able to provide comfort, however today that there are many shoes of other material in most of the modern world, it is forbidden to wear leather shoes if other comfortable shoes are available.[158]]

Protect from getting bitten:[159] Any person may wear leather shoes in an area that scorpions are found [in order to protect him from being bitten by scorpions and the like]. [However, they are to place earth into the shoes upon wearing it.[160] This entire law however only applied back then when only leather shoes were able to provide protection, however today that there are many shoes of other material in most of the modern world, it is forbidden to wear leather shoes if other protective shoes are available.[161]]

A traveler:[162] It is permitted for one who is traveling by foot to wear leather shoes until he arrives to the city. [However, he is to place earth into the shoes upon wearing it.[163] This entire law however only applied back then when only leather shoes were able to provide protection, however today that there are many shoes of other material in most of the modern world, it is forbidden to wear leather shoes if other good shoes are available.[164]]

One who is walking through a non-Jewish neighborhood:[165] Some Poskim[166] rule that an Avel who traveled by foot and entered into the city, may continue to wear leather shoes until he reaches the Jewish neighborhoods.[167] Practically, the custom is like this opinion.[168] [However, he is to place earth into the shoes upon wearing it.[169] This entire law however only applied back then, however today that there are many shoes of other material in most of the modern world, it is forbidden to wear leather shoes even in such a case.[170]]

Q&A May one wear regular weekday shoes that do not contain leather?[171] Some rule one may not wear any shoe that is normally worn during the week, even if it does not contain leather. However, one may wear sport shoes that are not worn on a constant basis. Likewise, slippers and sandals may be worn if they do not contain leather.   May one wear new non-leather shoes?[172] Yes, although one who is stringent is blessed.   May one wear shoes that have only leather straps? Some Poskim[173] rule it is forbidden to wear it. However other Poskim[174] rule it is permitted. May one enter leather covered metal foot supporters into his shoe? Some Poskim[175] rule it is permitted to do so if one has great pain walking without them.

4. Bathing & Washing one’s skin:[176]

A. The general law:

For pleasure:[177] It is forbidden to wash any part of one’s body [for the sake of pleasure[178]] on Tisha B’av. This applies whether with hot or cold water. Even to stick one’s finger in water is forbidden.

To clean dirt:[179] If one’s hand is dirty with mud or feces, it is permitted to wash it with water in order to remove the dirt.[180] Nevertheless, one may only wash the dirty areas and not the entire hand. [The same applies for any part of the body that is dirty.]

For medical purposes:[181] One who is sick may bathe for medical purposes.  

Children:[182] Children are not to be bathed on Tisha B’av even if they are below the age of Chinuch, unless they are dirty.

Q&A May one wash off sweat from his body if he feels dirty? Yes. One may remove the sweat from that part of the body using water.[183] Nevertheless, many Poskim[184] are stringent in this matter unless one is a very pampered person. Question: [Wednesday 8th Menachem Av, 5780] May I wash my hands with soap or other sanitizing gel on Tishe Beav in order to protect myself from Covid-19?   Answer: Yes, it is permitted to wash the body to remove dirt and it is permitted to smear gel on the body for medicinal purposes on Tishe Beav, and certainly the above purpose of handwashing to prevent spread of disease is justified as both medicinal and to remove germs, and is therefore allowed. Sources: Michaber 554:15; Admur 613:7; 614:1

B. Bathing/washing for the sake of a Mitzvah:

A bride within 30 days:[185] A bride within 30 days after her wedding may rinse her face to beautify herself for her husband.  

Mikveh Night on the ninth of Av:[186] A woman whose Mikvah night falls on Tisha B’av, must postpone it until the next night.[187] In such a case, she should perform the Chafifa [in hot water[188]] on the day before Tisha B’av and on the night following Tisha B’av she should again bathe and clean herself, and then immerse.[189] When Tishe Beav falls on Sunday, or on Shabbos and is differed to Sunday, then she is to perform the Chafifa on Erev Shabbos, and again two nights later on Sunday night, Motzei Tishe  Beav.[190]

Hefsek Taharah:[191] A Hefsek Taharah may be performed on Tisha B’av.[192] Nevertheless she is to only slightly wash between her thighs for this purpose. It is permitted to use either hot or cold water.

Washing hands in the morning:[193] Upon awakening on the morning of the 9th of Av one only washes his fingers, up until his knuckles, having intention to remove the impurity which they contain [as on these days the impurity does not extend past the fingers[194]]. [At the conclusion of Tisha B’av, prior to saying Kiddush Levana, one washes his [entire] hand three times inconsecutively.[195]]

Washing hands for the blessing of the Kohanim:[196] A Kohen may wash his [entire[197]] hand prior to the priestly blessings, even if he had already washed them in the morning before prayers, as he is not washing for pleasure purposes.

Q&A If one is not fasting, is he to wash hands as usual [until the wrist] when eating bread on Tisha B’av?[198] Yes.   May a Levi wash his hands prior to washing the Kohen? Some Poskim[199] rule a Levi is to wash his hands up to his knuckles. Others[200] rule he may wash his entire hands as do the Kohanim.

C. Washing after bathroom:[201]

When going to the bathroom before Davening, one may wash his fingers [not hand] prior to Davening, even if they did not become dirty in the process. When going to the bathroom during other times, one may only wash his fingers, up to his knuckles, if he got them dirty in the process of going to the bathroom. It is advisable to do so in order to say asher yatzar in purity.

 

Q&A May one wash his entire hands after using the bathroom prior to prayer?[202] No. One may only wash his hands until his knuckles. May one wash his fingers three times as usual after using the bathroom before prayer?[203] Yes.   May one wash his bottom after using the bathroom?[204] Yes, one may do so in order to properly remove feces from the area. If one touched a covered area, or his shoes, may he wash his hands afterwards?[205] If he is prior to prayer or in the midst of prayer then he may wash his hands up until his knuckle.

D. Washing one’s face upon awakening:[206]

Rinsing mucus from one’s eyes: One may wash mucus from his eyes if he is careful to do so throughout the year.

Rinsing the remainder of the face: One may not wash his face, even if he is a very pampered person[207], unless he has dirt on his face and desires to wash it off.

 

E. Cooling oneself off:

Cooling oneself off with a cold bottle:[208] One may not cool himself down with the cold walls of an open bottle of liquid, due to fear of spillage. [If the bottle is closed and its walls are dry without condensation, it is permitted to use it to cool oneself off.]

Cooling oneself off with a wet towel:[209] One may cool himself down with a dry towel that was wet before Tisha B’av. However, a wet towel is forbidden to use.

F. Rinsing the mouth:[210]

It is forbidden to rinse one’s mouth on Tisha B’av.[211] This applies even if one will be using less than a Revius of water.[212] [If, however, this is causing one great discomfort, he may be lenient to rinse his mouth even on Tisha B’av.[213]]

5. Anointing:[214]

For pleasure: It is forbidden to anoint for pleasure purposes. [Thus, one may not apply to one’s body oil, cosmetics, or perfume.[215]]

Medical purposes:[216] It is permitted to anoint for medical purposes.

 

Summary: On Tisha B’av, one may not use the following items unless it is for medical purposes: · Cosmetics, makeup, lipstick. · lotions · oils · soap · perfumes Q&A May one use deodorant during Tisha B’av?[217] Some Poskim[218] rule it is permitted to apply deodorant to ones skin on Tisha B’av in order to prevent a bad odor of sweat.[219]   May one place a medical cream on his skin on Tisha B’av? Yes. May one apply chap stick/lip balm to dried lips? Yes.[220] Question: [Wednesday 8th Menachem Av, 5780] May I wash my hands with soap or other sanitizing gel on Tishe Beav in order to protect myself from Covid-19?   Answer: Yes, it is permitted to wash the body to remove dirt and it is permitted to smear gel on the body for medicinal purposes on Tishe Beav, and certainly the above purpose of handwashing to prevent spread of disease is justified as both medicinal and to remove germs, and is therefore allowed.   Sources: Michaber 554:15; Admur 613:7; 614:1

May women wear jewelry on Tisha Beav? Some Poskim[221] rule that it is forbidden for women to wear jewelry on Tisha Beav. Other Poskim[222], however, rule that it is permitted for women to wear a little bit of weekday jewelry on Tishe Beav. However, one is to only wear her Shabbos jewelry. Practically, many women are accustomed to not wear any jewelry on Tisha Beav, with exception to the wedding ring.[223]

6. Marital relations:[224]

It is forbidden to have marital relations on Tisha B’av.  

Must one keep Harchakos during Tisha B’av?[225] Some Poskim[226] rule one is not to sleep in the same bed as his wife on the night of Tisha B’av. This is the proper custom, as a guard against coming to have marital relations.[227] Likewise, one may not touch his wife [affectionately] during this time.[228] However, during the day, one may be lenient [regarding touch].[229] [It goes without saying that the other Harchakos do not have to be kept on Tisha B’av even at night. However, some Poskim[230] rule that it is proper to follow all the Harchakos restrictions at night. Furthermore, some[231] write it is proper to be stringent even during the day, just like the law on Yom Kippur.]

Summary: Night: On the night of Tisha B’av one is not to touch his wife affectionately or sleep with her in the same bed. Some rule one is to also follow the other Harchakos restrictions at night. Day: By the day of Tisha B’av one may be lenient regarding touch, although some rule that one is to be stringent just like by night, even regarding the Harchakos restrictions.

7. Learning Torah on Tisha B’av:[232]

A. The prohibition:[233]

It is forbidden to learn Torah on Tisha B’av, ]with exception to the parts of Torah relating to the mourning period or tragic occurrences for the Jewish people, to be explained in B]. This prohibition includes Chumash, Navi, Kesuvim, Mishneh, Talmud, Halacha, Agadah [i.e. Midrash].[234]

Thinking words of Torah:[235] Some Poskim[236] rule that those subjects which are forbidden to learn on Tisha B’av, are forbidden to be studied even in one’s thought, without verbalizing the words.[237] [Other Poskim[238] however rule it is permitted to think words of any subject of Torah so long as one does not verbalize it with his mouth. Practically, we rule like the first opinion.[239] One however is not obligated to remove from one’s mind a thought of Torah that came to his head, and only initially is it forbidden to think about the subject.[240]]

Giving Halachic rulings:[241] A Rav may not rule on subjects which are unrelated to Tisha B’av unless it involves a sick person which is in need of an answer.

Reviewing the Torah Reading:[242] A Baal Korei may review the Torah reading in order to prepare for it.

The law by children:[243] Children are included within the learning prohibition and hence they may not be taught Torah on Tisha B’av. [Some Poskim[244] rule that this prohibition applies even against teaching children the permitted texts discussing the tragedies. Other Poskim[245] however rule it is permitted to teach children these subjects, just as is the law regarding adults. It is forbidden for a child to learn even on his own, if he is of age to receive joy from his learning.[246]]

B. Subjects permitted to be learned:

It is permitted for one to learn the following subjects on Tisha B’av [being they discuss calamities and destruction]:

• Iyov[247] and its commentaries.[248]
• The tragic parts in Yermiah[249], skipping those verses which deal with comfort and those which mention the tragedies that will befall the gentiles.[250]
• Midrash Eicha.[251] [The Rebbe Rashab would study Midrash Eicha on Tisha B’av.[252]]
• The third chapter of Moed Katan “Eilu Megalchin.”[253]
• The story of the Churban in Gittin pages 55b-58b.[254] [The Rebbe Rashab would study this Gemara on Tisha B’av.[255]]
• Sanhedrin page 104b.[256]
• The story of the destruction in Josephus.[257]
• [The laws of mourning and the laws of the three weeks.]

Delving deeply into a permitted subject:[258] It is forbidden to delve deeply into the permitted subjects of learning even in his thought [i.e. Iyun]. It is thus forbidden to look into various questions and answers relevant to the permitted subjects. He is to only learn the straightforward [i.e. Girsa] meaning of the subject.[259] [Some Poskim[260] however rule that while one may not initially set himself to learn a subject in depth, it is permitted to look into a matter if one needs to do so for better understanding, and discover a Chidush, Torah novelty.[261]]

Q&A Is one obligated on Tisha B’av in the Mitzvah of Talmud Torah, to learn the permitted subjects?[262] Some Poskim[263] rule that one Tisha B’av one is not obligated in Talmud Torah and it is merely permitted to learn the permitted subjects and not an obligation. Other Poskim[264] however rue one is obligated in Talmud Torah even on Tisha B’av and hence he is required to spend his time learning the permitted subjects. The Rebbe concludes that one is obligated to learn the permitted subjects of Torah during Tisha B’av at every moment, just like the obligation of learning all subjects of Torah throughout the year.[265]   May one learn Mussar/Chassidus/Kabbalah on Tisha B’av? It is permitted to study Chassidus and Kabbalah on Tisha B’av.[266] It is likewise permitted for an Avel to study Sifrei Mussar that arouses his heart in repentance. [267] Furthermore, he is encouraged to do so specifically during these difficult days when his repentance is needed.[268] May one say Tehillim? One may say Tehillim by Mincha time.[269] One may say Tehillim for the sake of a sick person at any time.[270] May one learn Torah after midday?[271] Set lessons of Torah study which have been instituted by Tzaddkim to be learned each day, may be learned after midday. Thus, Chitas and Chok Yisrael may be studied after midday by Mincha time. May one write words of Torah on Tisha B’av?[272] Some Poskim[273] rule one may write words of Torah on Tisha B’av even prior to midday, even without using a Shinuiy. Other Poskim[274] rule it is forbidden to write words of Torah novella on Tisha B’av.[275] Practically, it is permitted to write words of Torah that relate to Tisha B’av, even prior to midday and without a Shinuiy, if one suspects he may forget the novelty if it is not written down. May an Avel recite Mishanyos after Davening as he does throughout the regular year?[276] After Maariv and Shacharis on Tisha B’av, the Avel is to recite the Mishnayos of Moed Katan, saying the last Mishneh of the third chapter. [He is not to say conclude with the teaching of Rebbe Chananya, and is to begin straight with Kaddish after concluding the Mishneh.[277]] After Mincha of Tisha B’av, the Avel is to recite the normal Mishanyos and saying of Rebbe Chananya that he recites throughout the year. Mincha Erev Tisha B’av: See Chapter 5 Halacha 4!

Tehillim on Tishe Beav Question: May one say Tehillim on Tishe Beav?   Answer:               Erev Tishe Beav: Yes, even past midday. Tishe Beav night from sunset: No. Tishe Beav day until Chatzos: No. Tishe Beav after Chatzos: Yes. One may say Tehillim by Mincha time and so is the ancient custom. For sick person: One may say Tehillim for the sake of a sick person at any time. Sources: See M”A 554:6; M”B 554:7; Aruch Hashulchan 554:6; Kaf Hachaim 554:20; Divrei Malkiel 6:9 [20]; Nitei Gavriel 50:8; 75:22; Piskeiy Teshuvos 554:4

8. Greeting a friend:[278]

It is forbidden to greet a friend on Tisha B’av. Thus, one may not greet a friend with Shalom Aleichem [or good morning[279]]. If one’s friend will be offended if he is not greeted, then one is to explain to him the concept of this prohibition.[280]

Responding to a greeting:[281] If one is greeted by another person using the above terms, he should answer the person in a mournful tone.

Q&A What is defined as a greeting? Some Poskim[282] rule that only statements which include the word Shalom are defined as a greeting, and hence greetings such as good morning and the like are permitted. Other Poskim[283] rule that any greeting is defined as a greeting even if it does not include the word Shalom. Practically, one is not to recite any greeting even if it does not contain the word Shalom.[284] This prohibition includes the following phrases: · Shalom · Good morning · How are you · Hello · Hi   Nodding head:[285] It is permitted to nod one’s head as a greeting.[286]  However some Poskim[287] are stringent.   May one wish a friend Mazal Tov?[288] Yes.   May one shake hands with a friend?[289] One may do so in the process of wishing Mazal Tov to a friend. [However, it is forbidden to do so as a greeting.] May one say good night?[290] Yes. However, some[291] avoid doing so. May one say a Mi Shebeirach for a Yoledes/woman who is after birth?[292] The Mi Shebeirach is to be said by Mincha, and not by Shacharis.

9. May one give gifts or presents on Tisha B’av?[293]

One may not give presents on Tisha B’av.[294] [Thus, one may not give a baby present, Bar Mitzvah gift, birthday present or wedding present on Tisha B’av.]

10. Working on Tisha B’av:[295]

A. The general law of Melacha:

From the letter of the law, the performance of Melacha on Tishe Beav is dependent on community custom, with exception to Torah scholars who in all places would not do Melacha on Tishe Beav.[296] Nonetheless, whoever does Melacha on this day does not see blessing from it.[297] Practically, today, the accepted custom is to avoid doing any form of work on Tisha B’av if the work requires some time to be performed.[298] The prohibition applies [from the night of Tisha B’av[299]] until midday.[300] All work which requires only minimal time to be done, such as lighting a match and making a knot, may be done even before midday.[301] Whoever does work on Tisha B’av [to the extent that his mind is diverted from the mourning[302]] will not see blessing from that work.[303]

Having a gentile do work on one’s behalf:[304] It is permitted to have a gentile do work on one’s behalf on Tisha B’av.

Doing work to prevent loss: [305] It is permitted to do work to prevent financial loss.

B. The law regarding housework:

From the letter of the law, there is room to argue that doing housework on Tishe Beav should be permitted, just as is the law regarding Shiva.[306] [This allowance includes: cleaning the home, sweeping and mopping the floor[307], washing dishes[308], setting up the bed.] Nonetheless, practically, the custom is to avoid doing even housework on Tishe Beav [starting from the night before] until after midday.[309]

Preparing food:[310] [From the letter of the law, it is permitted for a woman or man to bake and cook during Shiva[311], and the same should apply on Tishe Beav. Nonetheless,] the custom is not to slaughter meat and not to prepare food [for after the fast] until after midday.

Q&A May one wash dishes on Tisha B’av?[312] One may wash dishes after midday. This applies even if the hands get wet in the process, although it is proper to wear gloves if possible.   May one sweep and mop the floor on Tishe Beav?[313] One may sweep and mop the floor after midday. Some have the custom to specifically sweep their floor after midday of Tisha B’av in order to tidy their home for the coming of Moshiach, and instill faith of his coming in their hearts. Some Poskim[314], however, rule that that one may only mop those areas which are dirty. May one work on the night of Tisha B’av?[315] No. May one write a letter?[316] One may write a letter after midday.[317] May one write on Tisha B’av prior to midday?[318] Some Poskim[319] rule one may write on Tisha B’av even prior to midday, even without using a Shinuiy. Other Poskim[320] rule one is not to write prior to midday. Practically, if the matter is important and one suspects he may forget, one may write a note on the matter.[321] Words of Torah:[322] Some Poskim[323] rule it is forbidden to write words of Torah novella on Tisha B’av.[324] Practically, It is permitted to write words of Torah that relate to Tisha B’av, even prior to midday and without a Shinuiy, if one suspects he may forget the novelty if it is not written down. Typing: It is permitted to type even prior to midday [so long as one does not remove himself from the Avelius atmosphere].[325] May one trim his mustache on Tisha B’av?[326] It is forbidden to trim the mustache on Tisha B’av, even if one is not fasting.

11. Diminishing from general pleasures:[327]

One should diminish from his honor and pleasure as much as possible throughout Tisha B’av.[328]

Speech:[329] One is to diminish in speech on Tisha B’av.   Laughing and frivolity:[330] Laughing and frivol behavior is forbidden on Tisha B’av. Doing so can lead to physical danger.[331]   Throwing Beralach/acorns: The Poskim[332] severely warn against the custom[333] of throwing acorns around in Shul on Tisha B’av and doing so is a great sin. Doing so is a desecration of a Shul, which is akin to the Temple, in addition to the prohibition of frivolity on such a day.[334] Nevertheless, this was the custom in certain Chassidic communities.[335]   May one hold a baby on Tisha B’av? Some[336] write one is not to hold a baby on Tisha B’av for pleasure purposes, just as is the law of an Avel within the seven days of Aveilus.[337] One may hold a baby for his own benefit, such as to calm him down, feed him or change him   May one play cards or games on Tisha B’av?[338] One is not to do so, in order not to remove one’s mind from the Aveilus.

12. Pleasure walks and public areas:[339]

Some opinions[340] rule one is not to go for walks on Tisha B’av, such as to the marketplace, being that doing so can lead to frivolity.[341] [Practically, this is the final ruling[342], and we are stringent in this matter even on Erev Tisha B’av.[343] For this same reason, one should not walk around in groups on Tisha B’av.[344]]

  

Flying on Tisha B’av

May one fly on Tisha B’av if there is a need to do so?[345] Yes, however it is best to arrange for an afternoon flight. If one is flying on a fast day and is extending or hastening the sunset, when is he to break his fast? He is to break his fast as soon as Tzeis Hakochavim arrives in the area that he is currently in. Thus, if he flew from the U.S. to Israel and is hence hastening the coming of Tzeis Hakochavim, he may to break his fast as soon as Tzeis Hakochavim arrives on his plane. If, however, he flew from Israel to the U.S. and is hence delaying the time of Tzeis Hakochavim, then he is to fast until Tzeis Hakochavim arrives while he is on the plane.[346] Some Poskim[347] however rule that one may be lenient to break his fast in accordance to the area that he left from, upon Tzeis Hakochavim arriving there.

13. Diminishing comfort when sleeping:[348]

Sleeping on the floor or with a stone under the head: Some people are accustomed to sleep on the floor on the night of Tisha B’av.[349] Some people are accustomed to place a stone under their head when they sleep.[350] [The Chabad custom is not to sleep on the ground or sleep with a stone under the head (however one is to diminish in comfort, as stated next).[351]]

Diminishing in comfort of sleep:[352] [Even those who do not abide by the above custom] are to diminish their sleeping comfort on Tisha B’av, such as if one normally sleeps with two pillows, he is to sleep with one pillow.[353]

Pregnant women and people who are weak:[354] A pregnant woman for whom it is difficult to have discomfort in her sleep, is not required to abide by any of the above customs. [Likewise, one who is weak is not required to be stringent in this matter and may hence sleep on his bed as usual.[355]]

Q&A May one say good night to another prior to going to sleep?[356] Yes.[357] However some[358] write one is to avoid doing so.

14. Sitting on the ground:[359]

On the night of Tisha B’av, and by day, one sits on the floor in Shul [and in all other places[360]] until the time of Mincha.[361] However, today the custom is to sit on benches immediately after leaving Shul after Shacharis, and the reading of Kinos, which is to be lengthened until sometime near midday.[362] [Practically, one is not to sit on a bench until midday.[363]]

May one sit on a cushion?[364] One is not required to sit directly on the floor, and he may thus sit on a cushioned bottom.[365] [Furthermore, based on Kabala, one is to have an interval between him and the floor as explained in the Q&A.]

May one sit on a low stool?[366] It is permitted to sit on a low stool if it is difficult for one to sit on the ground. [Today, the custom is for all people to be lenient in this matter.[367] Some are particular that the stool be within three Tefach from the ground-see Q&A!]

Must one sit on the ground or may he choose to stand?[368] It is not required for one to sit on the ground and he may stand if he so chooses.

Standing for a parent, Sage, or the elderly:[369] It is disputed amongst the Poskim[370] as to whether a person is obligated [or allowed[371]] to stand in honor of a person on Tishe Beav.[372] [He may however slightly lift up his body in their honor.[373]]

Summary: The custom is to sit on the floor and not on a chair or bench from the beginning of Tisha B’av until midday.

Q&A May a pregnant woman or woman after birth, sit on a chair if it is difficult for her to sit on the floor?[374] Yes.[375] May a nursing woman sit on a couch or bed if it is difficult for her to nurse on the floor?[376] Yes.[377]   May an old person sit on a chair if it is difficult for him to sit on the floor? Yes, as explained above. May one sit while on a bus or in a car?[378] Yes.[379]   How low must one’s stool be? Some Poskim[380] write the stool is to be at least within three Tefach [24 cm] from the ground. Others[381] however are not particular that it be within three Tefach from the ground. May one sit directly on the floor? No. Based on Kabala one is never to sit directly on the ground and is rather to have an interval between him and the floor.[382] Clothing that one is wearing is not considered a valid interval for this matter.[383] One should be stringent even regarding a tiled floor.[384] May one sit on a pillow or cushion? Yes, as explained above. May one sit by the steps leading to the Aron?[385] Yes.

15. Getting engaged:[386]

It is permitted to get engaged [i.e. Eirusin/Kiddushin] on Tisha B’av.[387]

16. Oppression laws relevant to children:

The following laws will discuss if the laws of oppression relevant on Tisha B’av also apply to children. Although all commands apply to a child who has reached the age of education, nevertheless, in general we are lenient regarding commands that involve oppression, and never decree them upon children.[388] The following is the law regarding Tisha B’av

Leather Shoes: One may not place leather shoes on a child even if he is below the age of education.[389] However, some Poskim[390] are lenient to allow all children below Bar and Bas Mitzvah to wear leather shoes. [The custom is like the former opinion.[391] However, some[392] write that children of a very young age, such as 2-3 years old, may be lenient.]

Bathing:[393] Children, even below Chinuch, are not to be bathed unless they are dirty.

Anointing:[394] Children, even below Chinuch, are not to be smeared with pleasure ointments, just as is the rule by an adult. [Medical creams however may be administered to a child, or even an adult, on Tisha B’av]

Learning Torah:[395] Children are also included within this learning prohibition and hence they are not to be taught Torah on Tisha B’av. [Some Poskim[396] rule that this includes even teaching them from the permitted texts discussing the tragedies. Others[397] however rule it is allowed to teach children these subjects, just as is the law regarding adults. It is forbidden for a child to learn even on his own if he is of age to receive joy from his learning.[398]]

17. Bris on Tisha B’av: [399]

The Baal Bris [father of the child, Mohel and Sandak[400]] are all required to fast the entire day even though the Bris is taking place that day. Thus, the Seudas Mitzvah is to take place only after the fast.

Taanis Nidche-If the fast was pushed off to Sunday:[401] In the event that the fast fell on Shabbos and was hence pushed off to Sunday, then one who has a Bris taking place on Sunday is not required to fast until night. Rather [after midday[402]] he is to Daven Mincha early. After he Davens Mincha he may then eat. The same applies for all the Baalei Bris [however not for anyone else invited to the Bris, including the Kvatrin, which must fast until night[403]]. [They are to say Havdala prior to eating.[404] Nevertheless, they are not to make a large meal during the day as is normally done on the day of a Bris, and thus the main meal is to take place at night.[405] Nevertheless, despite the above ruling, some Poskim[406] rule that even on a Taanis Nidche the Baal Bris is to fast the entire day as usual, and so is the custom of certain communities.[407] However, most communities are lenient in this matter as the plain ruling in Shulchan Aruch.[408]

Q&A Who is considered a Baal Bris?[409] The Mohel, Sandek and father [and mother] of the baby. If the Bris is taking place after the 8th day on a Taanis Nidche, may the Baal Bris still eat after Mincha? Some Poskim[410] rule that in such a scenario there is no allowance for the Baal Bris to eat and he must hence fast until night as usual. Other Poskim[411] however are lenient in this matter.

18. Pidyon Haben on Tisha B’av:[412]

If a Pidyon Haben is set to take place on a fast day the father and Kohen must nevertheless fast until night as usual. The meal is to take place at night, after the fast.

Taanis Nidche: In the event that the fast fell on Shabbos and was hence pushed off to Sunday, then if a Pidyon Haben is taking place on Sunday, the father and Kohen is not required to fast until night. Rather, after midday, he is to Daven Mincha early and he may then eat.[413] Nevertheless, the meal is to take place only after the fast.[414]

Q&A If the Pidyon Haben is taking place after the 31st day on a Taanis Nidche, may the Baal Bris still eat after Mincha?[415] No.

19. Mourning customs applicable on Motzei Tisha B’av-Tenth of Av:[416]

A. The general law:

[From the letter of the law] it is permitted for one to get a haircut and do laundry [and end all other mourning customs such as eating meat and wine[417]] immediately after the conclusion of the fast [of Tishe Beav].[418] Nonetheless, since the Heichal [Kodesh and Kodesh Hakedoshim] was set afire on the 9th towards evening, and it burnt until sunset of the 10th[419], it is therefore a good custom to avoid eating meat[420] and drinking wine [as well as to guard all the mourning customs of the nine days[421]] on the night and day of the 10th of Menachem Av.[422] [This custom is now obligatory.[423] Nonetheless, it is viewed more leniently than the period of the nine days, and hence by a Seudas Mitzvah anyone may be invited and partake in meat and wine.[424]]

Until when on the 10th are the above actions avoided? Some are stringent to avoid the above only until midday of the 10th of Av and not any further.[425] Others, however, are accustomed to avoid eating meat and drinking wine throughout the entire day of the 10th of Av, until the start of the 11th of Av.[426] [Practically, the widespread custom of Ashkenazi Jewry is to only keep the mourning customs until midday of the 10th.[427] Regarding Tisha B’av that falls on Shabbos, and is hence pushed off to Sunday, see next chapter!]

Tishe Beav that falls on Thursday:[428] When the day after Tishe Beav falls on Erev Shabbos, it is obvious that everything is permitted in honor of Shabbos.[429] [Thus, one may get a haircut, bathe, and wash clothing even prior to midday on Friday.[430] From some Poskim[431] it is implied that this allowance applies only after the arrival of Friday morning, and not to Thursday night. Other Poskim[432], however, rule that it may be done immediately at night after the fast. Practically, it is best to wait until Friday morning to do the above actions in honor of Shabbos, although in a time of need, one may be lenient from the night before.[433] Some Poskim[434] rule that the above leniency applies only to matters done in honor of Shabbos, and thus he may only take a bath prior to midday if this is his Shabbos bath, and may only do laundry to clothing that will be worn on Shabbos. Accordingly, it goes without saying that all other mourning customs that do not have any relevance to Shabbos remain forbidden until midday, including eating meat and drinking wine, listening to music and the like.[435]]

Summary: Tishe Beav that falls on Thursday: When the Tishe Beav falls on Thursday, it is permitted to do all Shabbos preparations prior to midday of Friday, including laundry, haircuts, and bathing for Shabbos. One should avoid being lenient in these matters until the morning of Friday, although in a time of need one may do so even immediately after Tishe Beav. One is not to be lenient in any other matters of mourning, until after the midday of Friday. Nonetheless, those who are lenient in matters needed for Kavod Shabbos even from right after Tishe Beav, and likewise those who are lenient in even non-Shabbos needed matters starting from the morning of Friday, have upon whom to rely.

B. The actions which are customarily avoided on the 10th:

The following mourning customs apply until midday of the 10th:

1. Eating meat [or poultry, although fish is permitted].[436] [However, one may be lenient to eat a food that was cooked with meat.[437]]
2. Drinking wine.[438]
3. Bathing for pleasure.[439] [This means that we follow the same restrictions of bathing as of the nine days.[440]]
4. [441]
5. Laundry[442]
6. Wearing freshly laundered clothing.[443]
7. [444]
8. Buying new clothing.[445]

Marital relations:[446] It is proper to avoid marital relations on the night of the 10th of Av [Motzei Tisha B’av], unless it is the night of Mikveh, or one is traveling the next day or has arrived home after traveling [or he has a very strong inclination and may come to sin[447]].

Shehechiyanu:[448] One is to avoid saying Shehechiyanu over new fruits until the 11th of Av. [However, some are lenient to say Shehechiyanu even on the night of the 10th of Av, which is Motzei the 9th of Av.[449]]

Diminishing in delicacies:[450] Some Poskim[451] rule that in general one is to diminish in eating delicacies and all other foods on the night and day of the 10th, and he is to only eat enough to revive his soul. Other Poskim[452], however, negate this requirement, and so is the custom to not be stringent in this matter.

C. The mourning customs that apply when Tishe Beav falls on Thursday:

1. Eating meat [or poultry, although fish is permitted] may not be done until midday Friday.[453] [However, one may be lenient to eat a food that was cooked with meat.[454]]
2. Drinking wine may not be done until midday Friday.[455]
3. Bathing for pleasure may not be done until midday Friday, unless done Lekavod Shabbos.[456] [This means that we follow the same restrictions of bathing as of the nine days.[457]]
4. Haircuts may be done Lekavod Shabbos even prior to midday Friday.
5. Laundry may be done Lekavod Shabbos even prior to midday Friday.
6. Wearing freshly laundered clothing may be done Lekavod Shabbos even prior to midday Friday.[458]
7. Music may not be listened to until midday Friday.[459]
8. Buying new clothing may not be done until midday Friday.[460]

Q&A If one is traveling after Tisha B’av and needs to do laundry, may he be lenient to do so before midday of the tenth? Yes, you may do laundry prior to midday.[461] This especially applies in years that Motzei Tishe Beav falls on Erev Shabbos.[462] May one cut nails prior to Chatzos of the 10th of Menachem Av? Seemingly, it is permitted to do so.[463] This especially applies in years that Motzei Tishe Beav falls on Erev Shabbos.[464] When after Tishe Beav may one go swimming?[465] After midday of the 10th. Hence one may not go swimming on Motzei Tishe Beav, or the day after until Chatzos.

__________________________________________________________

[1] Rama 553:2; 552:1

[2] Michaber/Rama Chapters 554; 559

[3] Mishneh Taanis 26b

[4] Seder Hadoros; See Gittin 88a and Rashi on Vaeschanan that we were exiled 850 years after entering Eretz Yisrael, and we entered Eretz Yisrael in the year 2488.

[5] Seder Hadoros; See Rashi Avoda Zara 9a

[6] Seder Hadoros

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

[8] The reason: As the Sages did not institute the fast for those who are sick [Michaber ibid]

[9] “He is to be fed immediately” [Michaber ibid]

[10] As this is considered a Choleh Sheiyn Bo Sakana, mentioned in M”B 550:4; and so is implied also from Aruch Hashulchan 550:7; and Hagahos Rav Akiva Eiger 559:9; See however Aruch Hashulchan 554:7 that this applies even if he is not bedridden; See Nitei Gavriel 5:4 in name of Maharam Bent 550 that even if he is slightly ill one may be lenient

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

[12] See Rama 686:2 and Kaf Hachaim 686:17 who implies the leniency of pain is only by Taanis Esther, and so suggests also Biur Halacha 550:1 “Mihu”; Kaf Hachaim ibid writes that according to those who rule the fast is an obligation certainly one who is in mere pain may not be lenient to eat, unless he is sick, just as is the law by the other four mandatory fasts of scripture.

[13] Biur Halacha ibid in name of Kovetz on Rambam; Ashel Avraham Tinyana 550; Sdei Chemed Mareches Bein Hametzarim 1:13; Daas Torah 550; Nitei Gavriel 5:7; See also Igros Moshe 4:114

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

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

[16] Orchos Chaim Spinka in name of Neziros Shimshon; Shevet Hakehasi 2:190; Piskeiy Teshuvos 554:9

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

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

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

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

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

[21] See Q&A!

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

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

[24] Rav Yaakov Yisrael Fisher [brought in Sefer Pnei Baruch; Piskeiy Teshuvos 617 footnote 1] was of the opinion that today pregnant women no longer have to fast, and may eat less than the Shiur on Yom Kippur, due to danger of miscarriage. Practically, this ruling is not accepted amongst Poskim or Moreh Horaas and rather each case must be judged individually by a competent Rav. [Tzitz Eliezer 17:20; Teshuvos Vehanhagos 2:292; Piskeiy Teshuvos 617:1; Rav Ovadia Yosef] However, Rav Yaakov Yosef ruled after a thorough investigation amongst doctors, and discovering a dispute amongst them as to the dangers of fasting, regarding Tisha B’av which is a Rabbincial fast, one may be lenient.

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

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

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

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

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

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

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

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

[32] Piskeiy Teshuvos 554:6

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

[34] See Piskeiy Teshuvos 554:6 in name of Chazon Ish that she does not need to try giving him formula and the like, as mother’s milk is the healthiest food for a child. However, certainly if the child has already been given formula before, and consumed it, then she must try to do so for Tisha B’av as well.

[35] 554:6; For a further understanding of such cases see Admur 617-618

[36] Michaber ibid; Bach 554, brought in Darkei Moshe 554 and M”A 554:9

Other opinions: Some Poskim rule a Yoledes is obligated to fast once she is after seven days from birth. [M”A 554:9 in name of Rashal in Teshuvah; Levush 602, brought in Darkei Moshe ibid; Implication of P”M 554 A.A. 9 that we are only lenient by Nidche]

[37] Rama ibid; M”B 554:14; M”A ibid concludes “Each place is to follow his custom”; Bach ibid writes the custom is to fast after seven days even by the other fasts!

[38] Rama ibid

[39] Aruch Hashulchan 554:8 “Today heaven forbid a woman after birth to fast on Tisha B’av as they are weak and are certainly sick and therefore they are not to be allowed to fast”; Pnei Yehoshua 2:16; Avnei Nezer 540; Yabi Omer 5:50 even for Ashkenazim; Shevet Halevi 6:70 that by Tisha B’av Nidche they are not to fast; Piskeiy Teshuvos 554:7; So I received also from Rav Asher Lemel Hakohen

[40] Rashal ibid; M”A ibid that it depends on custom; Shvus Yaakov 3:37 implies to only be lenient by Nidche; Implication of P”M 554 A.A. 9 that we are only lenient by Nidche; Chayeh Adam 135:2; Kitzur SHU”A 124:6; Divrei Yatziv 233 [as today women are healthier than in previous times]; Shevet Halevi 6:70 is only lenient by Nidcheh

[41] M”B 554:13

[42] Shvus Yaakov 3:37 “And so I am accustomed to rule regarding a slightly ill person, or a Yoledes within 30 days, or a pregnant woman and slightly ill”; Hagahos Rav Akiva Eiger 559:9 “One who is slightly sick, and a pregnant women who feels slightly ill, may eat”; Biur Halacha 559 “Eino”; Gevuros Ari Taanis 30b; Divrei Malkiel 3:26; Toras Chaim Sofer 554:4; 559:14; Shevet Halevi 6:70; Nitei Gavriel 65:3; Piskeiy Teshuvos 554:5; See Yechaveh Daas 3

Other opinions: Some Poskim rule there is no additional leniency on Nidche. [See M”A 559:11 in the name of Kneses Hagedola; Yaavetz; See Zecher David 54]

[43] The reason: As we rule that on Tishe Beav Nidche a Baal Bris does not need to fast [Michaber 559:9], hence proving that Nidche has a more lenient status, and certainly we can be lenient in a case of illness. [Shvus Yaakov ibid]

Other opinions and Sefaradi ruling regarding pregnant and nursing women that they do not need to fast at all: Some Poskim rule a pregnant and nursing woman does not need to fast at all even if they are feeling well, as this fast is similar to any Nidche fast. The proof for this is from the fact that if on a regular fast day we do not allow a Baal Bris to eat, but do allow a pregnant and nursing woman to eat, then certainly on a Nidche fast day that we allow a Baal Bris to eat, that we allow a pregnant and nursing woman to eat. [Divrei Malkiel 3:26 “It has the same status as other fast days, and even a pregnant or nursing woman has the same status as other fast days”; Rav Ovadia Yosef, recorded in Chazon Ovadia and so rules his sons Rav Yaakov and Yitzchak Yosef, as heard in a Shiur] Vetzaruch Iyun Gadol as a) The proof from a Baal Bris is not relevant to a pregnant or nursing woman, as a Baal Bris has a personal Yom Tov, while a pregnant and nursing woman is exempt due to the illness category, and since on Tisha Beav the Sages obligated them to fast, there is no proof that this obligation was rescinded if there is no illness involved. [See Zecher David 54] Furthermore, all the Poskim who record the above source of Bris to permit a slightly ill person to eat on Nidche, all explicitly write that by a pregnant woman, she may eat if she is slightly ill, and so not permit it indescribably.  [See Shvus Yaakov ibid; Rav Akiva Eiger ibid; Biur Halacha ibid] Furthermore, even the Divrei Malkiel ibid who states that it has the same status as a regular fast, in truth by a regular fast the Rama [550:1] rules the custom is for pregnant and nursing woman to fast unless they feel great pain or weakness. Thus, the Divrei Malkiel never advocated for an indiscriminate exemption of pregnant and nursing woman! Nonetheless, in truth some Poskim of today rule that even on a non-Nidche Tisha Beav pregnant woman do not need to fast due to worry of miscarriage, as explained above, and certainly this would apply even more by Nidche. Furthermore, perhaps the entire ruling of the Shuvus Yaakov and others who limit the exemption of a pregnant woman if she is not feeling well only applies according to the Rama’s ruling in 550:1 that even by other fasts the custom is to fast absent of pain. However, accoridng to the Sefaradi custom and ruling of the Michaber in 550:1 which exempts pregnant and nursing woman from fasting at all, then here too by Nidche, they would not need to fast. Accordingly, there is room to learn that Sefaradi women who are pregnant or nursing do not need to fast at all, while Ashkenazi women are to fast unless they are slightly ill or not feeling well.

[44] M”A 554:9; Shvus Yaakov ibid; P”M 554 A.A. 9; Shevet Halevi ibid

Other opinions: Some Poskim rule a Yoledes is obligated to fast once she is after seven days from birth even on Tisha Beav Nidche. [M”A 554:9 in name of Rashal in Teshuvah; Zecher David 54, brought in Nitei Gavriel ibid footnote 4]

[45] Setimas Haposkim who record Shvus Yaakov ibid; Nitei Gavriel ibid footnote 4, see there in length, unlike the possible understanding from Shvus Yaakov ibid

[46] Elya Raba brought in M”B 554:16

[47] Piskeiy Teshuvos 554:9

[48] Avnei Nezer 540; Kaf Hachaim 556:9; Minchas Yitzchak 8:30; Kinyan Torah 2:111; Piskeiy Teshuvos ibid and 556:4

[49] Kaf Hachaim ibid; Poskim ibid

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

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

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

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

[53] Ashel Avraham 686 Mahadurah Tinyana

[54] Kneses Hagedola 2:71; Birkeiy Yosef 556:3; Zechor Leavraham 556:9; Shaareiy Teshuvah 556:1; Moed Lekol Chaiy 49; Kaf Hachaim 556:9

[55] Divrei Malkiel 6:9; Piskeiy Teshuvos 556:4 as is the ruling by an Avel; Regarding an Avel-see Pischeiy Teshuvah 376:2; 391:1 Piskeiy Teshuvos 296:6

[56] Birkeiy Yosef ibid; Shraga Hameir 7:71; Az Nidbaru 11:48

[57] Kaf Hachaim 556:9; Minchas Yitzchak 8:30; Kinyan Torah 2:111

[58] Kaf Hachaim ibid

[59] Admur 616:9

[60] Admur 616:9; Elya Raba 549:7; Kaf Hachaim 550:1; Biur Halacha 550 “Hakol Chayavim”

Two hairs: The above law only applies if the child has reached puberty which means that he or she has grown two pubic hairs. If the child has reached this age but does not have two pubic hairs, then although he or she must keep all the commands out of doubt that perhaps he or she grew the hairs and they fell off, nevertheless the child is not required to fast any of the Rabbinical fasts. [Admur ibid; M”A 616:3; Elya Raba 616 [unlike ruling in 550]; P”M 616 A”A 3 [unlike ruling in 550]; M”B 616:13 [unlike ruling in 550]; See Shevet Halevi 6:122; Beir Moshe 8:96; Piskeiy Teshuvos 550:5 that the ruling in 616 is the letter of the law while the ruling in 550 is the custom. Accordingly, even according to Admur there is room for them to fast, according to the custom. Vetzaruch Iyun]

Other Poskim: Some Poskim rule the child must fast even the Rabbinical fasts once he or she reaches 13/12 even if the child has not yet grown two hairs. [Elya Raba 550:7 [unlike ruling in 616]; P”M 550 A”A 2 [unlike ruling in 616]; Biur Halacha 550 “Hakol” [unlike ruling in 616]; Kaf Hachaim ibid]

[61] Admur 616:9; M”A 550:2; Elya Raba 550:7; P”M 550 A”A 2; M”B 550:5; Biur Halacha 550 “Hakol Chayavim”; Kaf Hachaim 550:1

[62] There is no source in Poskim for educating a child to fast the three fasts prior to his Bar/Bas Mitzvah. On the contrary, it is forbidden to force the child to do so, if they do not desire to fast. On the other hand, if they desire to fast, there is no need for the parent to stop them; See Rav SZ”A in Halichos Shlomo Moadim 13:3;  Shaareiy Nechama 3

[63] Chayeh Adam 133:6; M”B ibid; Kaf Hachaim 550:9; Piskeiy Teshuvos 550 footnote 10

Other Opinions: Some Poskim rule that children [of nine years old] are to be educated to fast for a few hours into the day just as is the law on Yom Kippur, as rules Admur 616:5. [see Poskim in next footnote]

[64] Erech Hashulchan 554:2 and Beis Hillel brought in Kaf Hachaim 554:23; Siddur Yaavetz; Chanoch Lenaar 21 footnote 9; Beir Moshe 8:98; Piskeiy Teshuvos 554:9 that so is the custom; Nitei Gavriel 64:2

^[65]  Both boys and girls.

^[66]  Such as if they normally eat at 2:00 they are to eat at 3:00 and so on and so forth in accordance to the amount of delay that the child can handle. [Admur 616:5]

[67] Admur 616:10 regarding even Yom Kippur

[68] M”A 550:2; Rameh 111; P”M 549 A”A 7; Chayeh Adam ibid; M”B ibid; brought in Kaf Hachaim 549:8 and 550:9

[69] Some write this is starting from age nine. [See Piskeiy Teshuvos 550 footnote 11]

[70] Birkeiy Yosef 549:1; Daas Torah; Kaf Hachaim 549:8 and 550:9; Beir Moshe 8:95

[71] Beir Moshe ibid; Piskeiy Teshuvos 550:3

[72] Nitei Gavriel 64:1

[73] Kaf Hachaim 554:53 in name of Tosefes Chaim 155:10

[74] I have not found this explicit in the Poskim. However, see Nitei Gavriel 64:2 for a similar ruling; See also Likkutei Dibburim, vol. 4, p. 1418 that the Rebbe Rashab allowed his son to fast on Yom Kippur from age seven!

[75] See Piskeiy Teshuvos 556:4

[76] Divrei Yatziv 243

[77] SSH”K 62:45; Nitei Gavriel 95:7

[78] Divrei Malkiel 5:130; Yad Sofer 7; See Yad Efraim on M”A 554:9

[79] Maharsham 3:363; Avnei Nezer 426; Mishneh Sachir 2:147

[80] Nitei Gavriel 64:5

[81] 557:1

[82] Rama ibid; M”A 557:1; Beis Yehuda 2:87; Chayeh Adam 135:23; Admur 618:8 and Michaber 618 regarding Yom Kippur

Other opinions: Some Poskim question whether Nachem is to be recited and rule it is not to be said. [Taz 618 regarding Yom Kippur; Elya Raba 557:3; Birkeiy Yosef 557:2 in name of Poskim; Shaareiy Teshuvah 557:1; M”B 557:5; Kaf Hachaim 557:11 concludes it is not to be said prior to Boneh Yerushalayim, but rather prior to Harachaman] Other Poskim rule it is only to be recited from the time of Mincha and onwards. [Ben Ish Chaiy Devarim]

[83] M”A 557:1; M”B 557:5

[84] M”A 557:1; Chayeh Adam 135:3

[85] Shaar Hakolel 34:9

[86] Piskeiy Hasiddur 185; See however M”B ibid Kaf Hachaim ibid and Hiskashrus 889 who writes it is to be recited in Harachaman, See Nitei Gavriel Bein Hametzarim 66:11

[87] Siddur Yaavetz; Nitei Gavriel 66:11

[88] Kaf Hachaim 554:53 in name of Tosefes Chaim 155:10

[89] Michaber 554:6; Rama 686:2 [regarding Taanis Esther]; Chayeh Adam 133:6; M”B 550:4; Kaf Hachaim 550:7

[90] The reason: As the Sages did not institute the fast for those who are sick [Michaber ibid]

[91] “He is to be fed immediately” [Michaber ibid]

[92] As this is considered a Choleh Sheiyn Bo Sakana, mentioned in M”B 550:4; and so is implied also from Aruch Hashulchan 550:7; and Hagahos Rav Akiva Eiger 559:9; See however Aruch Hashulchan 554:7 that this applies even if he is not bedridden; See Nitei Gavriel 5:4 in name of Maharam Bent 550 that even if he is slightly ill one may be lenient

[93] See M”B 554:11; Chayeh Adam 133:6; M”B 550:4

[94] See Rama 686:2 and Kaf Hachaim 686:17 who implies the leniency of pain is only by Taanis Esther, and so suggests also Biur Halacha 550:1 “Mihu”; Kaf Hachaim ibid writes that according to those who rule the fast is an obligation certainly one who is in mere pain may not be lenient to eat, unless he is sick, just as is the law by the other four mandatory fasts of scripture.

[95] Biur Halacha ibid in name of Kovetz on Rambam; Ashel Avraham Tinyana 550; Sdei Chemed Mareches Bein Hametzarim 1:13; Daas Torah 550; Nitei Gavriel 5:7; See also Igros Moshe 4:114

[96] Shvus Yaakov 3:37 “And so I am accustomed to rule regarding a slightly ill person, or a Yoledes within 30 days, or a pregnant woman and slightly ill”; Hagahos Rav Akiva Eiger 559:9 “One who is slightly sick, and a pregnant women who feels slightly ill, may eat”; Biur Halacha 559 “Eino”; Gevuros Ari Taanis 30b; Toras Chaim Sofer 554:4; 559:14; Shevet Halevi 6:70; Nitei Gavriel 65:3; Piskeiy Teshuvos 554:5; See Yechaveh Daas 3

Other opinions: Some Poskim rule there is no additional leniency on Nidche. [See M”A 559:11 in the name of Kneses Hagedola; Yaavetz; See Zecher David 54]

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

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

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

[99] See Q&A!

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

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

[102] Rav Yaakov Yisrael Fisher [brought in Sefer Pnei Baruch; Piskeiy Teshuvos 617 footnote 1] was of the opinion that today pregnant women no longer have to fast, and may eat less than the Shiur on Yom Kippur, due to danger of miscarriage. Practically, this ruling is not accepted amongst Poskim or Moreh Horaas and rather each case must be judged individually by a competent Rav. [Tzitz Eliezer 17:20; Teshuvos Vehanhagos 2:292; Piskeiy Teshuvos 617:1; Rav Ovadia Yosef] However, Rav Yaakov Yosef ruled after a thorough investigation amongst doctors, and discovering a dispute amongst them as to the dangers of fasting, regarding Tisha B’av which is a Rabbincial fast, one may be lenient.

[103] Shvus Yaakov 3:37 “And so I am accustomed to rule regarding a slightly ill person, or a Yoledes within 30 days, or a pregnant woman and slightly ill”; Hagahos Rav Akiva Eiger 559:9 “One who is slightly sick, and a pregnant women who feels slightly ill, may eat”; Biur Halacha 559 “Eino”; Gevuros Ari Taanis 30b; Toras Chaim Sofer 554:4; 559:14; Shevet Halevi 6:70; Nitei Gavriel 65:3; Piskeiy Teshuvos 554:5; See Yechaveh Daas 3

Other opinions-Stringent: Some Poskim rule there is no additional leniency on Nidche. [See M”A 559:11 in the name of Kneses Hagedola; Yaavetz; See Zecher David 54]

Other opinions by pregnant woman that she does not need to fast at all: Some Poskim rule a pregnant and nursing woman does not need to fast at all even if they are feeling well, as this fast is similar to any Nidche fast. The proof for this is from the fact that if on a regular fast day we do not allow a Baal Bris to eat, but do allow a pregnant and nursing woman to eat, then certainly on a Nidche fast day that we allow a Baal Bris to eat, that we allow a pregnant and nursing woman to eat. [Divrei Malkiel 3:26 “It has the same status as other fast days, and even a pregnant or nursing woman has the same status as other fast days”; Rav Ovadia Yosef, recorded in Chazon Ovadia and so rules his sons Rav Yaakov and Yitzchak Yosef, as heard in a Shiur] Vetzaruch Iyun Gadol as a) The proof from a Baal Bris is not relevant to a pregnant or nursing woman, as a Baal Bris has a personal Yom Tov, while a pregnant and nursing woman is exempt due to the illness category, and since on Tisha Beav the Sages obligated them to fast, there is no proof that this obligation was rescinded if there is no illness involved. [See Zecher David 54] Furthermore, all the Poskim who record the above source of Bris to permit a slightly ill person to eat on Nidche, all explicitly write that by a pregnant woman, she may eat if she is slightly ill, and do not permit it indiscriminately. [See Shvus Yaakov ibid; Rav Akiva Eiger ibid; Biur Halacha ibid] Furthermore, even the Divrei Malkiel ibid who states that it has the same status as a regular fast, in truth by a regular fast the Rama [550:1] rules the custom is for pregnant and nursing woman to fast unless they feel great pain or weakness. Thus, the Divrei Malkiel never advocated for an indiscriminate exemption of pregnant and nursing woman! Nonetheless, in truth some Poskim of today rule that even on a non-Nidche Tisha Beav pregnant woman do not need to fast due to worry of miscarriage, as explained above, and certainly this would apply even more by Nidche.

[104] The reason: As we rule that on Tishe Beav Nidche a Baal Bris does not need to fast [Michaber 559:9], hence proving that Nidche has a more lenient status, and certainly we can be lenient in a case of illness. [Shvus Yaakov ibid]

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

[106] Piskeiy Teshuvos 554:6

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

[108] See Piskeiy Teshuvos 554:6 in name of Chazon Ish that she does not need to try giving him formula and the like, as mother’s milk is the healthiest food for a child. However, certainly if the child has already been given formula before, and consumed it, then she must try to do so for Tisha B’av as well.

[109] Divrei Malkiel 3:26 that the same law by a pregnant woman also applies by a nursing woman; See regarding a pregnant woman: Shvus Yaakov 3:37 “And so I am accustomed to rule regarding a slightly ill person, or a Yoledes within 30 days, or a pregnant woman and slightly ill”; Hagahos Rav Akiva Eiger 559:9 “One who is slightly sick, and a pregnant women who feels slightly ill, may eat”; Biur Halacha 559 “Eino”; Gevuros Ari Taanis 30b; Toras Chaim Sofer 554:4; 559:14; Shevet Halevi 6:70; Nitei Gavriel 65:3; Piskeiy Teshuvos 554:5; See Yechaveh Daas 3

Other opinions-Stringent: Some Poskim rule there is no additional leniency on Nidche. [See M”A 559:11 in the name of Kneses Hagedola; Yaavetz; See Zecher David 54]

Other opinions by a nursing woman that she does not need to fast at all: Some Poskim rule a pregnant and nursing woman does not need to fast at all even if they are feeling well, as this fast is similar to any Nidche fast. The proof for this is from the fact that if on a regular fast day we do not allow a Baal Bris to eat, but do allow a pregnant and nursing woman to eat, then certainly on a Nidche fast day that we allow a Baal Bris to eat, that we allow a pregnant and nursing woman to eat. [Divrei Malkiel 3:26 “It has the same status as other fast days, and even a pregnant or nursing woman has the same status as other fast days”; Rav Ovadia Yosef, recorded in Chazon Ovadia and so rules his sons Rav Yaakov and Yitzchak Yosef, as heard in a Shiur] Vetzaruch Iyun Gadol as a) The proof from a Baal Bris is not relevant to a pregnant or nursing woman, as a Baal Bris has a personal Yom Tov, while a pregnant and nursing woman is exempt due to the illness category, and since on Tisha Beav the Sages obligated them to fast, there is no proof that this obligation was rescinded if there is no illness involved. [See Zecher David 54] Furthermore, all the Poskim who record the above source of Bris to permit a slightly ill person to eat on Nidche, all explicitly write that by a pregnant woman, she may eat if she is slightly ill, and so not permit it indiscriminately. [See Shvus Yaakov ibid; Rav Akiva Eiger ibid; Biur Halacha ibid] Furthermore, even the Divrei Malkiel ibid who states that it has the same status as a regular fast, in truth by a regular fast the Rama [550:1] rules the custom is for pregnant and nursing woman to fast unless they feel great pain or weakness. Thus, the Divrei Malkiel never advocated for an indiscriminate exemption of pregnant and nursing woman! Nonetheless, in truth some Poskim of today rule that even on a non-Nidche Tisha Beav pregnant woman do not need to fast due to worry of miscarriage, as explained above, and certainly this would apply even more by Nidche.

[110] The reason: As we rule that on Tishe Beav Nidche a Baal Bris does not need to fast [Michaber 559:9], hence proving that Nidche has a more lenient status, and certainly we can be lenient in a case of illness. [Shvus Yaakov ibid]

[111] 554:6; For a further understanding of such cases see Admur 617-618

[112] Michaber ibid; Bach 554, brought in Darkei Moshe 554 and M”A 554:9

Other opinions: Some Poskim rule a Yoledes is obligated to fast once she is after seven days from birth. [M”A 554:9 in name of Rashal in Teshuvah; Levush 602, brought in Darkei Moshe ibid; Implication of P”M 554 A.A. 9 that we are only lenient by Nidche]

[113] Rama ibid; M”B 554:14; M”A ibid concludes “Each place is to follow his custom”; Bach ibid writes the custom is to fast after seven days even by the other fasts!

[114] Rama ibid

[115] Aruch Hashulchan 554:8 “Today heaven forbid a woman after birth to fast on Tisha B’av as they are weak and are certainly sick and therefore they are not to be allowed to fast”; Pnei Yehoshua 2:16; Avnei Nezer 540; Yabi Omer 5:50 even for Ashkenazim; Shevet Halevi 6:70 that by Tisha B’av Nidche they are not to fast; Piskeiy Teshuvos 554:7; So I received also from Rav Asher Lemel Hakohen

[116] Rashal ibid; M”A ibid that it depends on custom; Shvus Yaakov 3:37 implies to only be lenient by Nidche; Implication of P”M 554 A.A. 9 that we are only lenient by Nidche; Chayeh Adam 135:2; Kitzur SHU”A 124:6; Divrei Yatziv 233 [as today women are healthier than in previous times]; Shevet Halevi 6:70 is only lenient by Nidcheh

[117] M”B 554:13

[118] M”A 554:9; Shvus Yaakov ibid; P”M 554 A.A. 9; Shevet Halevi ibid

Other opinions: Some Poskim rule a Yoledes is obligated to fast once she is after seven days from birth even on Tisha Beav Nidche. [M”A 554:9 in name of Rashal in Teshuvah]

[119] Setimas Haposkim who record Shvus Yaakov ibid; Nitei Gavriel ibid footnote 4, see there in length, unlike the possible understanding from Shvus Yaakov ibid

[120] Kneses Hagedola 2:71; Birkeiy Yosef 556:3; Zechor Leavraham 556:9; Shaareiy Teshuvah 556:1; Moed Lekol Chaiy 49; Kaf Hachaim 556:9

[121] Divrei Malkiel 6:9; Piskeiy Teshuvos 556:4 as is the ruling by an Avel; Regarding an Avel-see Pischeiy Teshuvah 376:2; 391:1 Piskeiy Teshuvos 296:6

[122] Birkeiy Yosef ibid; Shraga Hameir 7:71; Az Nidbaru 11:48

[123] Kaf Hachaim 556:9; Minchas Yitzchak 8:30; Kinyan Torah 2:111

[124] Kaf Hachaim ibid

[125] Elya Raba brought in M”B 554:16

[126] Piskeiy Teshuvos 554:9

[127] Avnei Nezer 540; Kaf Hachaim 556:9; Minchas Yitzchak 8:30; Kinyan Torah 2:111; Piskeiy Teshuvos ibid and 556:4

[128] Kaf Hachaim ibid; Poskim ibid

[129] Ashel Avraham 686 Mahadurah Tinyana

[130] See Shaar HaTziyon 556:1; Piskeiy Teshuvos 555:6

[131] Shaareiy Teshuva 556:1 based on M”A 556:1 who limits the prohibition of smelling Besamim on Tisha B’av specifically when it falls on Motzei Shabbos

[132] Michaber 556:1 “One does not say a blessing on Besamim” regarding Tisha B’av that falls on Motzei Shabbos and 559:7 regarding a Bris; Taz 556:1 “due to pleasure”; Shaareiy Tziyon 556:1 “It is implied from the Taz ibid that it is forbidden at all times” Gra; Michaber 559:7 “One does not say a blessing on Besamim during Mila”; M”B 559:27 “due to pleasure”

[133] The reason: As one is required to diminish in pleasure on Tisha B’av. [Taz ibid]

[134] Shaareiy Teshuvah 559:3; M”B 555:8

Other opinions: Some Poskim rule it is forbidden to smoke on any of the four fasts, especially Tisha B’av, and one who does so is fit to be excommunicated. [Kneses Hagedola brought in M”B ibid]

[135] Admur 46:1; M”A 46:8; Peri Chadash 46:3

[136] The following is the calculation: 19 [blessings in Shemoneh Esrei] x 3=57 + 2 blessings of Maariv Shema + 4 blessings of Shacharis Shema and Pesukei Dezimra + 18 blessings in Birchas Hatorah + 2 blessings for Tallis and Tefillin = 83 blessings +16 from kerias Hatorah =99 blessings. One simply needs one more blessing to make 100 blessings, and this can be accomplished through saying Asher Yatzar one time.

[137] Michaber 554:1; 554:16; Admur 614:2 regarding Yom Kippur; Michaber Y.D. 382:1-5 regarding Aveilus

[138] Mateh Efraim 614:2; However see Kaf Hachaim 614:10; See Michaber Y.D. 382:1-5 regarding Aveilus

[139] Admur 614:2 regarding Yom Kippur

[140] Michaber 554:19 and Y.D.  382:1 based on Ramban; Admur 614:3; Sefer Haminhagim p. 96; See M”B 614:5; Shaareiy Teshuvah 614; Darkei Chaim Veshalom 673

The reason: As other materials are soft, still allowing ones feet to feel the ground. Hence it is still considered like one is oppressing himself when wearing them. In addition, the prohibition only applies to wearing a “Minaal” and a Minaal refers to leather shoe, while shoes of other material are called a “Malbush”. [Admur ibid]

Other opinions: Some Poskim rule it is forbidden to wear any shoes of even non-leather materials, and one must rather walk barefoot. [Bach 552 regarding Tisha B’av and 614 regarding Yom Kippur based on Tosefta and Geonim]

^[141] Admur 614:2; Seemingly the reason for this is because one’s foot does not feel the discomfort of the ground, as explained is one of the reasons for why leather is prohibited.

[142] Panim Meiros 2:28; Shaareiy Teshuvah 554:11; Birkeiy Yosef 554:8; Glosses of Chasam Sofer 554; Kaf Hachaim 554:70; M”B 614:5 regarding Yom Kippur

[143] See M”B ibid that so rules Shulchan Aruch and many Acharonim; Aruch Hashulchan 382:1 that today the custom is to walk with shoes made of rubber

[144] Sefer Haminhagim ibid

Opinion of Admur: Admur ibid regarding Yom Kippur mentions two reasons behind why leather shoes are not worn, and other shoes are allowed, and according to the first reason, if the shoes protect the foot similar to leather then it should be equally forbidden.

^[145] Admur 616:2 regarding Yom Kippur; Nitei Gavriel 74:3 and Piskeiy Teshuvos 554:14 that the same applies for Tisha B’av, based on M”A 551:38; Shaar Hatziyon 551:91

The reason: Being that for a child there is no oppression involved in the child not wearing leather shoes Thus there it is forbidden for an adult to place it on him, just like its forbidden for an adult to feed a child non kosher food irrelevant of the child’s age. [Admur ibid]

[146] Chochmas Adam 152:17; Zera Emes 3:616

[147] Piskeiy Teshuvos 554:15

[148] Piskeiy Teshuvos ibid

[149] Admur 614:4 regarding Yom Kippur; Rama 614:2

Other opinions: Some Poskim rule there is no prohibition involved at all to stand on leather material, and no blessing is offered for one who is stringent. Radbaz brought in M”A; Peri Chadash 614]

[150] Michaber 382:2; Admur 614:5 regarding Yom Kippur

[151] The reason: As they are very sensitive to cold and leather shoes keep them warm. [ibid]

^[152] Piskeiy Teshuvos 614:5; Nishmas Avraham 614:1; Nitei Gavriel 104:4 based on Mateh Efraim 614:3; Pnei Baruch 15 footnote 8; Rav Cohen

[153] Admur 614:5 regarding Yom Kippur; Shach 382:1 regarding Aveilus

[154] Taz 382:1 based on Mordechai

^[155] Piskeiy Teshuvos 614:5; Nishmas Avraham 614:1; Nitei Gavriel 104:4 based on Mateh Efraim 614:3; Rav Cohen

[156] Admur 614:5 regarding Yom Kippur; Shach 382:1 regarding Aveilus

[157] Taz 382:1 based on Mordechai

^[158] Piskeiy Teshuvos 614:5; Nishmas Avraham 614:1; Nitei Gavriel 104:4 based on Mateh Efraim 614:3; Pnei Baruch 15 footnote 8;  Rav Cohen

[159] Admur 614:7 regarding Yom Kippur; Michaber 382:3 regarding Aveilus

[160] Taz 382:1 based on Mordechai

^[161] Piskeiy Teshuvos 614:5; Nishmas Avraham 614:1; Nitei Gavriel 104:4 based on Mateh Efraim 614:3; Pnei Baruch 15 footnote 8; Rav Cohen

[162] Admur 614:9-10; Michaber 554:16; Michaber Y.D. 382:4 regarding Aveilus

Ruling by Yom Kippur: There is no allowance for one who is traveling on Yom Kippur to wear leather shoes in order to avoid being scoffed at. Although regarding Tisha B’av we are lenient to allow a traveler, or one who is walking through a non-Jewish neighborhood, to wear leather shoes, nevertheless regarding Yom Kippur, being that wearing leather shoes is a Biblical prohibition, it is forbidden for one to wear them. [Admur 614:9-10]

[163] Taz 382:1 based on Mordechai; M”B 554:33

^[164] See M”B 614:5; Piskeiy Teshuvos 614:5; Nishmas Avraham 614:1; Nitei Gavriel 104:4 based on Mateh Efraim 614:3; Pnei Baruch 15 footnote 8; Rav Cohen

[165] Michaber 382:4; Rama 554:16 regarding Tisha B’av

Ruling by Yom Kippur: There is no allowance for one who is walking through a gentile area on Yom Kippur to wear leather shoes in order to avoid being scoffed at. Although regarding Tisha B’av we are lenient to allow a traveler, or one who is walking through a non-Jewish neighborhood, to wear leather shoes, nevertheless regarding Yom Kippur, being that wearing leather shoes is a biblical prohibition, it is forbidden for one to wear them. [Admur 614:9-10; See M”B 554:36 in name of Chayeh Adam]

[166] Ramban and Mordechai

[167] Although regarding Tisha B’av we are lenient to allow a traveler, or one who is walking through a non-Jewish neighborhood, to wear leather shoes, nevertheless regarding Yom Kippur, being that wearing leather shoes is a Biblical prohibition, it is forbidden for one to wear them. [ibid]

[168] Rama ibid regarding Tisha B’av; Shach 382:2

[169] Taz 382:1 based on Mordechai

^[170] See M”B 614:5; Piskeiy Teshuvos 614:5; Nishmas Avraham 614:1; Nitei Gavriel 104:4 based on Mateh Efraim 614:3; Rav Cohen

[171] Piskeiy Teshuvos 614:4

[172] Gloss of editor in Halachos Ketanos 2:139

[173] Maharam Shick 316; Mateh Efraim 614:2; Divrei Shem Chadash p. 36

[174] Maharikash in Erech Lechem 614; Peri Chadash 614; Peri Hadama 1:43; Zechor Leavraham 9; Moed Lekol Chaiy 10:40; Birkeiy Yosef 614; Yifei Laleiv 2:6; Kaf Hachaim 554:75; 614:10; Gesher Hachaim 21:4-1; Pnei Baruch 15:1

[175] Chelkas Yaakov 2:83; Piskeiy Teshuvos 614:3

[176] 554:1

[177] Michaber 554:7; Admur 613:1 regarding Yom Kippur

[178] M”B 554:19; Admur 613:1 regarding Yom Kippur

[179] Michaber 554:9

[180] The reason: As the bathing prohibition only applies towards bathing for pleasure. [M”B 554:19]

[181] Admur 613:7

[182] See Admur 616:3-4 regarding Yom Kippur

[183] Admur 614:1 regarding Yom Kippur; M”A 614:1; Kaf Hachaim 554:45

[184] Taz 613:1; Yifei Laleiv 2:4; Mateh Efraim; M”B; Nitei Gavriel 70:5

[185] Admur 613:18

[186] Michaber 554:8; Admur 613:21

[187] Michaber ibid

[188] Derech Hachaim ibid; M”B 551:92; Kaf Hachaim 551:194

[189] M”A 554:10; M”B 554:18; Degul Merivava 551:3; Biur Halacha 551:16 “Im” based on Shach 199:9 that from the letter of the law the Chafifa must be done on Erev Tisha B’av; Kaf  Hachaim 551:198; Kitzur Dinei Taharah 5:14; Taharah Kehalacha 18:22 and so I received from Harav Asher Lemel Hakohen

Other opinions: Some Poskim rule she is to perform the Chafifa only on Motzei Tisha B’av in a case that she is able to do so. [Rama 551:16; Agudah; Beis Hillel Y.D. 199; Elya Raba 554:9; Chayeh Adam 133:19; Derech Hachaim 7; Kitzur SHU”A 122:12; Shiurei Sheivet Haleivi 199:4; Piskeiy Teshuvos 551:47; See Yoreh Deah Rama 199:4 that the Chafifa of Erev Shabbos when immersing on Motzei Shabbos is only a custom. See Kaf Hachaim 551:195]

[190] Shach 199:6; Sidrei Taharah 199:18; Taharah Kehalacha 18:20

[191] Shaar Hatziyon 551:35 in name of Machatzis Hashekel; Admur 613:21 regarding Yom Kippur; Masas Binyamin 5 brought in Shach Y.D. 381:3; Taz 381:2;

Other opinions regarding Shiva and the same would apply regarding Tisha B’av: Some Poskim rule it is certainly forbidden for a woman to bathe for the sake of performing Hefsek Taharah during Shiva and it is only allowed for her to do so after Shiva, during Shloshim with an irregularity. [Rama Y.D. 381:5 based on Or Zarua Avel] The reason for this is because if immersing for her husband which is a Mitzvah is forbidden, then certainly washing to begin the Shiva Nekiyim is forbidden. [Shach ibid] The Masas Binyamin ibid [brought in Shach and Taz ibid] however negates this ruling of the Rama being that in truth there is no need for her to immerse during Shiva, as she is in any event forbidden to her husband, while starting the Shiva Nekiyim is a Mitzvah. Likewise, the Taz ibid is puzzled by the Rama’s ruling claiming that bathing for non-pleasure purposes is permitted during Shiva. The Taz ibid concludes that in truth even the Rama agrees that she is to perform the Hefsek Taharah during Shiva, and only argues that she is not to bathe herself, as a Hefsek Taharah is valid even without bathing [see Rama 196:3] Practically, the Taz ibid agrees with the ruling of the Masas Binyamin.

[192] The reason: As this is being done for the sake of a Mitzvah to hasten her going to Mikveh. [Admur ibid]

[193] Admur 613:2 regarding Yom Kippur; Michaber 554:10 regarding Tisha B’av

Does this ruling apply even according to the Siddur? This ruling is going in accordance to the ruling of the Mahadurah Kama 4:7 that there is no obligation to wash past the fingers. This is opposed to the ruling in the Siddur that one must wash up until the wrist [and thus there is room to say that according to the Siddur even on these days one should wash until his wrist], nevertheless the custom according to all on Yom Kippur and Tisha B’av is not to wash past the fingers, and so ruled the Previous Rebbe. [Rebbe in Shaareiy Halacha Uminhag Vol. 2 page 181]

^[194] Rebbe in Shaareiy Halacha Uminhag Vol. 2 page 182; Ketzos Hashulchan 2 footnote 10

The reason: The reason for this is because the Mekubalim explain that on Yom Kippur the spirit of impurity does not have much power. While on Tisha B’av since there is not much purity on that day, therefore it does not seek much nurture of holiness from the hands, and thus only dissipates to the fingers. [Rebbe ibid]  [Alternatively] on Tisha B’av, the entire day belongs to the impure side, and thus the impurity does not care to nurture from such a minute amount of holiness found past the fingers. [Ketzos Hashulchan ibid; brought also in Kaf Hachaim 4:14 and Ben Ish Chay Toldos 2]

Why don’t we wash the entire hand as does a Kohen? The Ketzos Hashulchan ibid asks that although from the impurity perspective there may not be a need to wash past ones fingers on these days, nevertheless being that another [main-Kama] reason for the morning washing is to prepare for prayer:serving G-d like a Kohen, therefore there should still be an obligation to wash the entire hand, as a Kohen must wash his entire hand prior to service. He concludes with a Tzaruch Iyun. [To note however that this question is not only with regards to Yom Kippur, as it should also be asked on the ruling of Kama 4:7 that the everyday washing is only required until the knuckles. To also note from the Siddur that the only reason why Admur require the washing until the wrist is, as he states, “because the impurity dissipates until the wrist”. Thus there is no opinion that says washing the entire hand is required due to exemplifying a Kohen.]

^[195] Rebbe in Shaareiy Halacha Uminhag Vol. 2 page 183

[196] 613:6

^[197] Kitzur SHU”A 133:4; M”B 613:7; Ketzos Hashulchan 2:10; Luach Kolel Chabad of Grach Naah; Likkutei Sichos 9:386; Yagdil Torah 1 page 318; Hiskashrus 889

Other opinions: Some Poskim rule one is to wash the hands only until the knuckles. [see Misgeres Hashulchan 133:4]

Ruling of Admur in Shulchan Aruch: See Yagdil Torah 1 page 318 in which Rav Bistritzky explains that according to Admur in Shulchan Aruch it is implied that one only needs to wash until his knuckles. Nonetheless, as he concludes there, the Rebbe said to wash entire hand, and so rules Grach Naah in Luach Kolel Chabad and in Ketzos Hashulchan ibid based on Admur ibid.

[198] Kaf Hachaim 554:53 in name of Tosefes Chaim 155:10

[199] Mateh Efraim 621:17

[200] Shevach Hamoadim p. 50  in name of Mahril

[201] Admur 613:4-5; see M“B 554:21

[202] Admur 613:4-5; Michaber 613:3; M”B 613:6; Piskeiy Teshuvos 613:2

[203] Mateh Efraim 613 in Alef Lamteh 7

[204] Nitei Gavriel 70:2; Piskeiy Teshuvos 613:3; Shearim Hametzuyanim 133:2; Shevet Hakehasi 4:165

[205] Piskeiy Teshuvos 613:2

[206] Admur 613:3

^[207] Although from the letter of the law one who is pampered may wash his face, nevertheless the custom is not to do so. [ibid]

[208] Admur 614:28

[209] 554:14

[210] Michaber 567:1 that one may not taste anything on Tisha B’av, even if he will spit out and 567:3 “One who is accustomed to rinse his mouth, it is improper-not Kosher- to do so on a public fast day” based on Terumos Hadeshen 158 regarding the prohibition to taste foods on a fast; Admur 613:7 regarding Yom Kippur; M”A 567:6; Drashos Maharil, brought in Darkei Moshe 567:1 and Elya Raba 567:5 and Kaf Hachaim 567:14; Mamar Mordechai 567:2; Levush 567; Nehar Shalom 567:1; Bigdei Yesha 567:6; Kaf Hachaim 567:13; Chayeh Adam 132:20; Ketzos Hashulchan 2 footnote 25 in name of Ateres Zikeinim; Sefer Haminhagim p. 4 [English]

Stringency or prohibition? It is implied from the Michaber ibid that there is no prohibition from the letter of the law involved in rinsing the mouth even on Yom Kippur, being one has no intent to swallow the liquid and it is merely water. [P”M 567 A”A 6]

[211] The reason: As one may come to swallow the water. [Mamar Mordechai 567:2; Levush 567, brought in P”M ibid]

[212] Michaber 567:1

[213] Chayeh Adam 132:20; M”B 567:11; Kaf Hachaim 567:14

[214] Michaber 554:15; See also Michaber Y.D. 381:2 regarding Shiva

[215] See Piskeiy Teshuvos 554:14; Nitei Gavrile 73:5 in name of Rav Moshe Feinstein

[216] Michaber ibid; Admur 614:1

[217] Gra 554:15; Admur 614:1

[218] Biur Halacha 554 “Sicha”; Piskeiy Teshuvos 554:14; Michaber 381 regarding Aveilus

Ruling regarding Yom Kippur: It is forbidden to apply deodorant to one’s skin on Tisha B’av even in order to prevent a bad odor of sweat. [Admur 614:1]

Other Opinions: Some Poskim rule it is forbidden to apply deodorant on Tisha B’av just like Yom Kippur. [Mateh Yehuda brought in Biur Halacha ibid]

[219] The reason: As the laws of Sicha on Tisha B’av are more lenient than the laws of Yom Kippur.

[220] As it is done for medicinal purposes, which the Sages permitted to be done on Tisha B’av.

[221] See Midrash Rebbe David Hanagid; See regarding Shiva that a woman who is an Avel is not to wear jewelry during Shiva, with exception to her wedding ring: Implication of Michaber ibid that only “A Kallah may Lihiskashet during Shiva”; Leket Yosher p. 2; Ruach Chaim 361:1; Yifei Lalev 3:381; Nitei Gavriel 105:23

[222] Ashel Avraham Butchach 551; Minchas Pitim Y.D. 181:6; Mishmeres Shalom Taf; Nitei Gavriel 73:8

[223] Nitei Gavriel ibid

[224] Michaber 554:1; Taanis 30

[225] Michaber 554:18; Admur 40:8

[226] Hagahos Mordechai on Moed Katan

[227] Michaber ibid; Admur ibid

Stringency or letter of the law: This is stringency, however from the letter of the law is allowed. [Admur 40:8] However by Yom Kippur it is forbidden from the letter of the law. [Admur 615:1]

[228] M”A 554:19 in name of Darkei Moshe; M”B 554:37

[229] M”A ibid; M”B ibid; Chayeh Adam 135:12; Ben Ish Chaiy Devarim 23

The reason: As on Tisha B’av the women do not wear nice clothing and hence there is less worry that something will occur. [Shaar HaTziyon 554:44] Some Poskim rule that if one’s wife wears nice clothing one is to be stringent even during the day just like the law on Yom Kippur. [Shaar HaTziyon 554:44 based on Machatzis Hashekel 554:]

Opinion of Admur: See Admur Kuntrus Acharon 40:2 that “One should not differentiate between day and night as regarding Tisha B’av the Poskim did not differentiate in this”. However, perhaps this is only in reference to sleeping in the same bed and not with regards to touch.

[230] Ben Ish Chaiy Devarim 23 brought in Kaf Hachaim 554:85; Piskeiy Teshuvos 554:17

[231] Hiskashrus based on Admur 184:6 Kuntrus Acharon 2 “Due to this it is not similar to Yom Kippur and Tisha B’av” thus implying that Yom Kippur and Tisha B’av are both forbidden in Chibuk and Nishuk throughout the time; Piskeiy Teshuvos 554:17 in name of Az Nidbaru 8:61; See Shaar HaTziyon 554:44 based on Machatzis Hashekel 554:19 

[232] 554:1-2; Taanis 30; M”B 554:2-4

[233] Michaber 554:1-2; Taanis 30

[234] Michaber 554:1

[235] Opinion in Michaber 554:3; Maharil 201 regarding Tisha Beav and Aveilus; Iggur in name of Mahariy Mulin [Maharil ibid]; Mateh Moshe 721; Peri Chadash in Mayim Chaim Brachos 15a “it is proper to be stringent”; Taz 554:2; Avnei Nezer Y.D. 474; Darkei Hachaim 15:2

[236] Iggur in name of Mahariy Mulin

[237] The reason: As thinking Torah also gives one joy. [M”A 554:5; M”B 554:5]

[238] Leket Yosher Semachos p. 93 [see Nitei Gavriel 106 footnote 8 that perhaps his intent is only on the permitted subjects]; Elya Raba 554 regarding Tisha Beav

[239] So rule majority of Poskim ibid and so rules Michaber ibid regarding Tisha Beav [See Kaf Hachaim 554:16 that so is the ruling of Michaber even though he brings it as a Yeish Mi Sheoser]; Pnei Baruch 16:1

[240] Chochmas Shlomo 554; Nitei Gavriel 106:5

[241] M”A 554:5; M”B 554:5; See Rama Y.D. 384:1 that allows an Avel to answer Shaalos if no other Rav is available, and no mention is made that this is only allowed by a sick person.

[242] Rama 554:4; M”A 554:7; M”B 554:8

[243] Michaber ibid

[244] M”A 554:2 learns that the prohibition is on the children to learn since it gives them joy to learn to read. Accordingly, one may not learn with them even subjects pertaining to Tisha B’av. [M”B 554:2]

[245] Taz 554:1 brought in M”B ibid

[246] P”M 554 M”Z 1

[247] Michaber ibid

[248] Michaber 554:2

[249] Michaber ibid

[250] M”A 554:3

[251] Michaber 554:2

[252] Hayom Yom 9^th Menachem Av

[253] Michaber ibid

[254] M”B 554:3 in name of Levush

[255] Hayom Yom 9^th Menachem Av

[256] M”B 554:3 in name of Levush

[257] M”B 554:3 in name of Levush

[258] Taz 554:2 [regarding Pilpul]; M”A 554:5 [regarding questions and answers]; P”M 554 M”Z 2; Birkeiy Yosef 384 regarding Avel; Shalmei Tzibur p. 167b; Chochmas Adam 165:10; Kitzur SHU”A 210:1; M”B 554:5

[259] The reason: The reason for this is because going into questions and answers on the subject gives one joy and is thus similar to thinking the forbidden parts of Torah. [Taz ibid; M”B 554:3]

[260] Aruch Hashulchan 384:5; Gadol mentioned in Birkeiy Yosef ibid; See Chasam Sofer 346 from which it is clear that he learned the laws of Aveilus in depth while in Shiva; See Pnei Baruch 16 footnote 9

[261] The reason: As the prohibition against Simcha is only against initially setting oneself into a situation of Simcha, however if it happened to come on its own while learning, there is no prohibition against doing so. [Aruch Hashulchan ibid]

[262] See Nitei Gavriel Bein Hametzarim Teshuvah 17; Aveilus 106:3; Pnei Baruch 16 footnote 5

[263] Shevet Yehuda Y.D. 384:4; Erech Hashulchan 554:1; Kaf Hachaim 55410; Implication of Ritva Moed Katan 15b; Implication of Abudarham and Tur 559 that omit saying “Veani Zos Brisi” on Tisha B’av being that everyone is Batul from Torah learning; Implication of Shivlei Halekets Semachos 26 that prohibits saying Birchas Hatorah; Implication of Maharitz 

[264] Aruch Laner Sukkah 25b; Moed Lekol Chaiy 10:21; Sdei Chemed 2:12; Menucha Ukedusha Shaar Hatefila 29 that learning the laws of Aveilus during Shiva is the main Tikkun for the Niftar; Divrei Yatziv 240

[265] Toras Menachem 1990 4:50 [Mugah, brought in Shulchan Menachem 3:65]

[266] Nesiv Hachaim 258:1 in name of Rav Hillel of Paritch regarding learning Kabbalah; Rav Shalom Sharabi, brought in footnote of Sefer Haminhagim p. 177; Toras Menachem 41:46; Sefer Haminhagim p. 177 [English] “A mourner may study the inner dimensions of the Torah”; See Meiri Moed Katan 21a “To learn Sefarim that arouse oneself in Teshuva is not only permitted but one is even encouraged to do so, and so is the custom”; See Nitei Gavriel 106:6; See Toras Menachem 4:25 that Chassidim tell over that after the passing of the Rebbe Maharash, the Rebbe Rashab and Rav Y.M. Bespalov would pace back and forth in their socks in learning of Chassidus. See there however that the Rebbe questions the accuracy of this story due to technical difficulties, although concludes “One cannot ask on Chassidim, and even if the story isn’t true, it certainly is true in potential.”; Custom of Rebbe Rashab on Tisha Beav [Sefer Haminhagim p. 46, Hebrew]; See Hamelech Bemisibo 2:61; Hiskashrus 889 p. 13 footnote 35

Other opinions: Some Poskim rule an Avel may not learn Kabala during Shiva. [Mishnas Chassidim p. 83; See Shaar Hamitzvos Vayechi that the Arizal was not sure regarding whether it is allowed, and he would start and stop intermittingly; See Nitei Gavriel ibid]

[267] Meiri ibid; Nivei Shalom 387; Ruach Chaim 384; Shoel Umeishiv 3:218; Sdei Chemed Aveilus 25 [p. 1392 in Kehos]; Mishmeres Shalom Os Lamed 21; Gesher Hachaim 21:5-1; Nitei Gavriel 106:8; Pnei Baruch 16:3; See Hearos Ubiurim Oholei Torah p. 69

[268] See Meiri ibid; Avraham Ezkor, brought in Pnei Baruch ibid

[269] M”A 554:6; M”B 554:7

[270] Piskeiy Teshuvos 554:4 in name of Divrei Malkiel

[271] Hayom Yom 9^th of Av; Piskeiy Teshuvos 554:4 based on Taz 554:3; Gesher Hachaim 21:5

Other Poskim: Some Poskim rule it is to be completed only the next day. [Shaar HaTziyon 554:11; Mishmeres Shalom 40; Kaf Hachaim 554:19]

[272] Kaf Hachaim 554:110

[273] Shulchan Gavoa 554:4; Moed Lekol Chaiy 10:75; Yifei Lalev 2:10

[274] Shaareiy Teshuvah 554:20

[275] The reason: As this brings one joy. [ibid]

[276] Igros Kodesh 11:306 [printed in Shulchan Menachem 3:269] regarding a Yartzite on Tisha B’av; Nitei Gavriel 75:9 regarding both a Yartzite and Avel; Vetzaruch Iyun, as a) Why is it not permitted to say the regular Mishnayos due to Seder Hayom and b) The above answer of the Rebbe was regarding a Yartzite which is only saying it on Tisha B’av, while a regular Avel has said it throughout the year and is part of his Seder Hayom, and hence perhaps the Rebbe never meant to prohibit him from saying it. Nevertheless, practically, the Rebbe said Moed Katan in 1988 even by Mincha of Shabbos.

[277] Ruling of Beis Din to the Rebbe, brought in Yoman of Rav Groner

[278] Michaber 554:20

[279] M”B 554:41

[280] M”B 554:42

[281] Michaber ibid

[282] Leket Yosher 110; See Beir Heiytiv 385:2 and Gilyon Maharsha [regarding after Shloshim], that good morning is not considered Sheilas Shalom, as can be learned from Admur 89:3 and Beis Yosef in name of Riy; Likewise, the Darkei Moshe 89 states that it is only considered Shalom if one mentions Hashem’s name; See Beir Moshe 4:100

[283] Elya Raba 554:20; P”M 554 A”A 21; Shaareiy Teshuvah 554:16; Maharam Shick 370; M”B 554:41; Kaf Hachaim 554:90

[284] Gesher Hachaim 21:7-5; p. 225; Betzeil Hachochmah 5:75; Nitei Gavriel 107:2; See Pnei Baruch 15 footnote 27

[285] Ritva Moed Katan 27b; Pnei Baruch 16 footnote 27; Nitei Gavriel 89:7

[286] Ritva Moed Katan 27b

[287] Salmas Chaim 422

[288] Lehoros Nasan 2:37; Az Nidbaru 13:6; Piskeiy Teshuvos 554:19

[289] Poskim ibid

[290] Leket Yosher brought in Nitei Gavriel p. 436; However see Nitei Gavriel 56:3 that plainly writes it may not be said.

[291] The Leket Yosher ibid writes that although it may be said and is not included in “Sheiolas Shalom” nevertheless the Terumos Hadeshen did not do so. See also Nitei Gavriel 56:3 who plainly writes it may not be said.

[292] Drashos Maharil Tisha Beav; Kaf Hachaim 559:40; Piskeiy Teshuvos 559:6

[293] M”A 554:21; M”B 554:41 in name of Acharonim

[294] The reason: As this is similar to greeting someone, which is forbidden to be done on Tisha B’av. [ibid]

[295] See 554:22-24; Nitei Gavriel 2:78

[296] See Michaber 554:22; Mishneh Pesachim 54b

[297] Michaber 554:24; Tur 554:24

[298] Rama 554:22; M”A 554:23 and 27

The reason: The reason behind this custom is so one’s mind is not distracted from the mourning. [M”A 554:23; M”B 552:43] See Terumas Hadeshen 153

[299] M”A 554:23; Rashi Pesachim 54b; M”B 554:43 in name of M”A

[300] Rama ibid

[301] Rama 554:22; M”A 554:23 and 27

[302] M”A 559:27; M”B 554:49

[303] Michaber 554:24; Tur 554:24

[304] Michaber 554:22; Rokeiach 310

[305] Michaber 554:23

[306] So rule regarding Shiva: Michaber Y.D. 380:22; Avel Rabasi 11; See also 378:7 and Moed Katan 27a [regarding a Beis Havel]; See Pischeiy Teshuvah 554 in end who writes that the same should apply on Tishe Beav; Nitei Gavriel 2 78:1 footnote 2

The reason: As all actions that are done for the cleanliness of the home is not considered a Melacha for the Avel. [Nimukei Yosef Moed Katan 24a; See Taz 380:1 that it is not real Melacha] The reason for this is because housework is a basic necessity, and not every Avel can afford to hire workers to do it for them. [Levush 380:22]

[307] Michaber ibid and 378:7 and Moed Katan 27a [regarding a Beis Havel]; Shevet Halevi 6:244; Siach Yitzchak 475; Nitei Gavriel 103:21; Vol. 2 13:1

Other opinions: Some Poskim rule an Avel may not mop the floor during Shiva. [Meishiv Devarim 215; See Kerem Shlomo 381]

[308] Michaber ibid and 378:7 that one may wash all forms of dishes and pots

[309] See Michaber 559:10 regarding preparing food; Implication of ruling of Rama ibid that the custom is dependent on how much time the activity takes, and is hence not relevant to the laws of Shiva and its leniencies; Birkeiy Yosef 559:7 regarding allowing housework only after midday; Piskeiy Teshuvos 554:21; Nitei Gavriel 2 78:1

Other opinions: Some Poskim rule that one should not sweep the floor on Tishe Beav even after midday. [Aruch Hashulchan 554:21; 559:9]

[310] Michaber 559:10

[311] Michaber ibid; Maharik Shoresh 55

[312] Makor Chaim 554; Piskeiy Teshuvos 554:21

[313] Birkeiy Yosef 559:7; Piskeiy Teshuvos 554:21; See Michaber Y.D. 380:22; Niteio Gavriel 2 78:1

Other opinions: Some Poskim rule that one should not sweep the floor on Tishe Beav even after midday. [Aruch hashulchan 554:21; 559:9]

[314] Hisorerus Teshuvah 339

[315] M”B 554:43 in name of M”A

[316] So was the custom of Darkei Chaim Veshalom 771

[317] As Melacha is permitted after midday

[318] Kaf Hachaim 554:110

[319] Shulchan Gavoa 554:4; Mahariy Bruna 16; Kneses Hagedola 554:3; Moed Lekol Chaiy 10:75; Yifei Lalev 2:10; Beir Heiytiv 554:20; Elya Raba brought in Biur Halacha 554 “Akum”

[320] Shaareiy Teshuvah 554:20; Toras Chaim 554:19; Mateh Yehuda, brought in Biur Halacha 554 “Akum” rules it has the same law as Chol Hamoed; and so rules Makor Chaim 554

[321] Kaf Hachaim ibid; Nitei Gavriel 77:14-15

[322] Kaf Hachaim ibid

[323] Shaareiy Teshuvah 554:20

[324] The reason: As this brings one joy. [ibid]

[325] As even on Chol Hamoed it is permitted, and hence here would be permitted according to all.

[326] Olas Shabbos 551:6; Mamar Mordechai 551:13; Kaf Hachaim 551:171

[327] Michaber 555:2

[328] Rama ibid

[329] Chayeh Adam 135:17

[330] Mishmeres Shalom 40:8

[331] Based on Rav Pinchas of Koretz in name of Baal Shem Tov. [Mishmeres Shalom ibid]

[332] Kitzur Shlah; Elya Raba 559:17; Chayeh Adam 135:17; M”B 559:22

[333] Seemingly this custom was widespread in certain areas; See also Divrei Yisrael 155

[334] See Sefer Ish Tzaddik p. 24 [memoirs of Rav Aryeh Levin] for a horrific story of how one Tisha B’av a youngster threw an acorn to the beard of an elderly Rabbis, and the elderly Rabbi began crying “The Beis Hamikdash was burnt today”. That night a fire erupted in the village and consumed the house of these youngsters together with them inside. Their ash was brought to burial on the day of Tisha B’av. [Nitei Gavriel 65 footnote 25]

[335] See Toras Menachem Hisvadyus 1951 2:262 “In Lubavitch they would play with Berelach on Tisha B’av, and it was not exactly against the spirit of the Sages.”; See also Sefer Haminhagim p. 98 [English] for a story regarding a prank that was played on the Ruziner Rebbe on Tisha B’av, and the Ruziner Rebbe’s response “If your children do not observe your Yom Tov, take it away from them”

[336] Nitei Gavriel 2 p. 653 Teshuvah 12, based on GR”A 554:21

[337] Yoreh Deah 391:1

[338] Nitei Gavriel 79:5

[339] Michaber 554:21

[340] Kol Bo; There are no Poskim who argue on this matter. [Kaf Hachaim 554:95]

[341] The reason: The reason for this is so one’s mind not be diverted from the mourning.

[342] Kaf Hachaim 554:95

[343] Rama 553:2

[344] M”B 559:41 in name of Shlah

[345] Nitei Gavriel 79:9

[346] Igros Moshe 3:96; Betzeil Hachochmah 1:31; Chavatzeles Hasharon 1:43; Yaskil Avdi 8:31; Piskeiy Teshuvos 562:2; See Nitei Gavriel Bein Hametzarim 4:5

[347] Shevet Halevi 8:261; See Nitei Gavriel ibid

[348] 555:2

[349] Michaber ibid; Kol Bo; Chayeh Adam 135:17; Custom of Chasam Sofer

[350] Michaber ibid; Mordechai; Rama ibid “Some people are accustomed to place a stone under their heads in memory of the verse that states “And he took from the stones of the place” being that he saw the Churban. [ibid]

[351] Sefer Haminhagim p. 96 [English]

[352] Rama ibid; Tosafus end of Taanis; Chayeh Adam 135:17; Kitzur SHU”A 124:2

[353] The Terumos Hadeshen would sleep the opposite way, placing his head where he normally places his feet. [Leket Yosher p. 110]

[354] Rama ibid; Tosafus Taanis

[355] M”B 555:6-7 based on Gr”a

[356] Leket Yosher brought in Nitei Gavriel p. 436; However, see Nitei Gavriel 56:3 who plainly writes it may not be said.

[357] The Leket Yosher ibid writes that although it may be said and is not included in “Sheiolas Shalom” nevertheless the Terumos Hadeshen did not do so.

[358] See Nitei Gavriel 56:3 who plainly writes it may not be said.

[359] 559:3

[360] So is the custom in all places and not just in a Shul [See Piskeiy Teshuvos 559 footnote 14; Beis Yosef 559] and so is the ruling of the following Poskim who do not record the word Shul in their ruling: Chayeh Adam 135:20; Derech Hachaim T”B 8; Kitzur SHU”A 124:16

[361] Michaber ibid; Hagahos Maimanis “The custom of the French is not to sit on benches until Mincha”

The reason: This is similar to a mourner who sits on the floor throughout his seven days of mourning. [Beis Yosef in name of Hagahos Maimanis; Taz 559:3; M”B 559:10] The reason this custom is only kept until the time of Mincha is because it is merely a custom and is not required from the letter of the law, in contrast to the other mourning customs that must be observed until nightfall. [Bach 559; Taz 559:3; M”B 559:10]

[362] Rama ibid

[363] Taz 559:3; M”A 559:3 “As they go to the cemetery after Kinos and hence by the time they return it is already midday and hence permitted to sit on a bench”; M”B 559:12

Other opinions: The above follows the ruling of the Rama, however according to the Michaber ibid one must sit on the floor until the time of Mincha. Some Poskim rule that one may be lenient to sit on a bench [and not chair] from after the completion of Kinos even if it is prior to midday. [Nitei Gavriel 68:7 in name of Hagahos Baruch Taam 559]

[364] M”A 559:2; so rules also: Machatzis Hashekel ibid; P”M 559 A”A 2; Chayeh Adam 135:20; M”B 559:11; Kaf Hachaim 559:22

Other Opinions: The Maharil was accustomed to sit directly on the ground. He would thus wear raggedy clothing until the time of Mincha in order so his good clothing do not become damaged. [Drashos Mahril Hilchos Tisha B’av; Kneses Hagedola 559:12; Elya Raba 559:1; Beir Heiytiv 559:3; Kaf Hachaim 559:21] Some learn that this was a mere stringency. [Kaf Hachaim 559:22] Others however learn that the Maharil held it was forbidden due to the custom. [See P”M ibid for how he explains the Maharil]

[365] The reason: As this matter of sitting on the floor is a mere custom. [M”A ibid]

[366] Mishneh Berurah 559:11; Kaf Hachaim 559:22

[367] Piskeiy Teshuvos 559:4 in name of Yalkut Hagershoni; Mishnas Yaakov 559; as is also the custom today by an Avel today. [Gesher Hachaim 20:5-11]

[368] Taz 559:3

[369] Pesakim Uteshuvos 240:27

[370] See Shvus Yaakov 3:26; Levush, brought in Gilyon Maharsha 376

[371] Some Poskim rule that one is not allowed to stand during Shiva [Aruch Hashulchan 376:4; Ramban in Toras Hadam; Rabbeinu Yerucham 25; brought in Nitei Gavriel 89:4 footnote 6] Other Poskim rule that possibly one is allowed to stand for a parent during Shiva, and it is simply not obligatory. [Kesef Mishneh Aveilus 13:5; Shvus Yaakov 3:26; See Gesher Hachaim 20; Pesakim Uteshuvos 240:27 footnote 240]

[372] The reason for prohibition: As standing up in such a state of mourning is not considered a Hiddur. [Shvus Yaakov 3:26]

[373] Teshuvah Meahava 3 376; Poskim in Nitei Gavriel 89:4 footnote 7

[374] Aruch Hashulchan Yoreh Deah 387:3 regarding Aveilus of a pregnant woman; Toras Hayoledes 48:12; Piskeiy Teshuvos 559:4;

[375] As they are not doing so for pleasure but simply to remove discomfort.

[376] Nitei Gavriel 68:11

[377] As stated above

[378] Piskeiy Teshuvos 559:4 in name of Toras Hayoledes 48 footnote 17; Rav Elyashiv; Rivivos Efraim 1:382

[379] As one is doing so for safety reasons and not for comfort.

[380] Kuntrus Iyun Tefila; Poskim brought in Nitei Gavriel 68:3; Piskeiy Teshuvos 559:4

[381] Custom of Rebbe brought in Hiskashrus; Piskeiy Teshuvos ibid footnote 18 in name of Steipler; and so is the implication of the M”B who does not write how low it is to be.

[382] Maharash Shaar Aryeh; Birkeiy Yosef 552:8; Shaareiy Teshuvah 552:3 in name of Birkeiy Yosef ibid; Kaf Hachaim 552:39

Other opinions: From the Maharil brought in Beir Heiytiv 559:3 it is implied he held that one may sit directly on the ground. [Shaareiy Teshuvah ibid] Practically however one is to be stringent in this matter. [Shaareiy Teshuvah ibid; see P”M 559 A”A for how he explains the Maharil; See also next footnotes from Kaf Hachaim which differentiates between a tiled and earth floor]

[383] Shaareiy Teshuvah 552:3 in name of Birkeiy Yosef

[384] Kaf Hachaim ibid suggests that perhaps the above stringency of Kabala is only by an earth floor and thus there is no contradiction between the Maharil and the Maharash however he concludes “When possible one is to be stringent even regarding a tiled floor.”

[385] Piskeiy Teshuvos 559:4 in name of Makor Chaim

[386] Michaber 551:2; Michaber Y.D. 392:1 permits even during Shiva, and although Rama there argues, regarding Tisha B’av which is an Aveilus Yeshana, he agrees. See Beis Hillel Y.D. 392

[387] The reason: As perhaps someone else will marry her in the meantime if one were to delay the engagement. [Michaber ibid]

[388] In chapter 616 these laws are presented regarding Yom Kippur. Vetzaruch Iyun if the stringencies there regarding bathing:anointing:leather shoes for children also apply on Tisha B’av being that its not considered an oppresion, as will be explained, or do they apply only on Yom Kippur, being that Yom Kippur is Biblical and is not due to mourning, while Tisha B’av is only Rabbinical and is due to mourning which the Sages did not decree onto children? The Chochmas Adam 152:17 rules that it does not apply to children even regarding leather shoes. However see Piskeiy Teshuvos 554:15 for Poskim that question this.

^[389]  Admur 616:2 regarding Yom Kippur; Nitei Gavriel 74:3 and Piskeiy Teshuvos 554:14 that the same applies for Tisha B’av, based on M”A 551:38; Shaar Hatziyon 551:91

The reason: Being that for a child there is no oppression involved in the child not wearing leather shoes. Thus, it is forbidden for an adult to place it on him, just like its forbidden for an adult to feed a child non kosher food, irrelevant of the child’s age. [Admur ibid]

[390] Chochmas Adam 152:17; Zera Emes 3:616

[391] Piskeiy Teshuvos 554:15

[392] Piskeiy Teshuvos ibid

[393] See Admur 616:3-4 regarding Yom Kippur

[394] See Admur 616:3-4 regarding Yom Kippur

[395] Michaber ibid

[396] M”A 554:2 learns that the prohibition is on the children to learn since it gives them joy to learn to read. Accordingly, one may not learn with them even subjects pertaining to T.B. [M”B 554:2]

[397] Taz 554:1 brought in M”B ibid

[398] P”M 554 M”Z 1

[399] M”A 559:11 regarding Tisha B’av and all the other 4 Taaneisim and so rules: Radbaz 2:35; M”B 559:35; Beis David 347; Erech Hashulchan 550:1; Poskim brought in Kaf Hachaim 549:5 and 10; See Piskeiy Teshuvos 559:9

[400] Rama 559:8

[401] Michaber 559:9 regarding Tisha B’av Nidche and certainly the same applies for the other four fast days that are Nidche and so rule: Tur 559:9 in name of Yaavetz Rishon; Hagahos Maimanis 5:4; Mordechai Taanis 630; Elya Raba; Chayeh Adam; M”B 559:37; Shaareiy Tziyon 559:39; Degul Merivava; Heishiv Moshe 36; Yeshuos Yaakov 559:5; Kitzur SHU”A 125:8; Ben Ish Chaiy Shoftim 17; Igros Moshe 4:69-4; Yabia Omer 1:34; See Piskeiy Teshuvos 559:9 footnote 74

Other opinions: The M”A 559:11 brings in the name of the Kneses Hagedola that the custom is to be stringent regarding all fasts, even Nidche, and to fast until night as usual. See also Yaavetz who argues on the ruling of the Tur and Yaavetz Rishon

[402] First opinion in M”A 559:13; M”B 559:37

Other opinions: Some Poskim rule one must delay Mincha and eating until Mincha Ketana. [2^nd opinion in M”A ibid and so concludes the M”A]

[403] M”B 559:36; P”M 559 A”A 12; This is opposed to the ruling by Taanis Esther that was Nidche to Thursday. See M”B 686:6; Kaf Hachaim 686:27

[404] M”B 559:37 based on Degul Merivava

[405] M”B 559:36 based on M”A 559:11 “Today the custom is that majority of the meals take place at night”; See the following Poskim regarding Taanis Esther Nidche that the meal is to take place after the fast:  Taz 686:2; Elya Raba 686:6 brought in Kaf Hachaim 686:27; M”B 686:7; Chayeh Adam 155:3 based on that the custom is like the Taz as we have never seen a meal done during the day of the fast. So rules also Kitzur SHU”A 141:3

[406] Kneses Hagedola brought in M”A 559:11; Zechor Leavraham “Taf” brought in Kaf Hachaim 549:10; Divrei Yisrael 150; See Piskeiy Teshuvos 559:9

[407] See Piskeiy Teshuvos ibid

[408] Poskim mentioned in first footnote on this Halacha; Piskeiy Teshuvos ibid

[409] Rama 559:8; P”M 559 A”A 12

[410] Shaareiy Teshuvah 551:15; 559:7 in name of Peri Haaretz 2:8; Birkeiy Yosef 559:6; Kaf Hachaim 559:9

[411] SSH”K 62 footnote 116; Piskeiy Teshuvos 559:9

[412] M”B 559:38; Piskeiy Teshuvos 559:10

[413] As ruled regarding a Bris.

[414] M”B ibid

[415] M”B 559:38

[416] See Michaber and Rama 558:1; Tur 558

[417] Rashal 94; Taz 551:5; M”B 551:36; Kaf Hachaim 551:74

[418] Michaber 551:4; Mishneh Taanis 29b

[419] Michaber ibid; Tur ibid in name of the Braisa in Taanis 29a “On the seventh of Av the gentiles entered the Heichal and ate and drank there and did abominable acts there on the 8^th and 9^th day, until close to dark when they set it aflame, and it burned until near sunset of the 10^th day”; See Braisa Taanis 29a that Rebbe Yochanan stated that if he lived in that generation, he would have set the date of Tisha B’av to the 10^th of Av; See also Yerushalmi that there were Amoraim who fasted also on the 10^th of Av. [Tur 558; Kaf Hachaim 558:1]

[420] Michaber ibid; Tur ibid “It is a Minhag Kosher to avoid meat…only to revive the soul, so he be near mortification”; Abudarham p. 253 in name of Rosh, brought in Beis Yosef 558, that the Rosh would not eat meat on the night of the 10^th; Hagahos Maimanis Taaniyos 5, brought in Beis Yosef ibid, that there are people who fast from eating meat until midday of the 10^th; Bach 558; Maharash Lurya 92; Maharil 125

[421] M”A 558:1 regarding music; M”A ibid and Bach 558 and Taz 558 in name of Rashal 92 regarding bathing, haircuts, and laundry; Levush 559:10; Elya Raba 559:31; Machazik Bracha 558:1; M”B 558:3; 551:37; Kaf Hachaim 551:76; 558:6; Piskeiy Teshuvos 558:2 based on Mekor Chaim of Chavos Yair includes all matters kept during the nine days.

Other Opinions: Some Poskim rule that only meat and wine are forbidden. [Bach 558 and Taz 558:1 in name of Minhagim of Tirana; Mamar Mordechai, brought in Biur Halacha 558 “Ad”] See also Michaber 551:4 “It is permitted for one to get a haircut and do laundry immediately after the conclusion of the fast [of Tishe Beav].”

[422] Michaber ibid; Hagahos Maimanis Taaniyos 5, brought in Beis Yosef ibid, that there are people who fast from meat and wine until midday of the 10^th; Taz 558:1 that so is the custom for the last 40 years, although prior to this time they would eat meat on Motzei Tishe Beav

[423] Bach ibid; Taz ibid; Rashal 92

[424] M”A 558:1; P”M 558 A”A 1; Kaf Hachaim 558:5

[425] Rama 558:1 “Some are Machmir until midday and not any further”; Hagahos Maimanis Taaniyos 5, brought in Beis Yosef ibid; Taz ibid that this applies to all the avoidances recorded above

[426] Michaber ibid rules one is to continue the mourning customs of not eating meat or wine throughout the night and day of the 10^th of Av, which implies the entire day. [Elya Raba 558:2; Implication of Bach 558; Kaf Hachaim 558:10] Some Poskim conclude that it is proper for Torah scholars and G-d fearing Jews to be stringent in this matter, and that so is the custom. [Elya Raba ibid; Machazik Bracha 558:2; Shaareiy Teshuvah 558:2; Kaf Hachaim 558:10]

[427] Aruch Hashulchan 5582

[428] See Kaf Hachaim 558:6; Piskeiy Teshuvos 558:4; Nitei Gavriel 88-89; Beis Aba 7

[429] M”A 558:1; Elya Raba 559:31; Sheilas Yaavetz 1:106, brought in Shaareiy Teshuvah 558:2; Derech Hachaim 4; P”M 558 A”A 1; Kitzur SHU”A 124:20; Aruch Hashulchan 558:2; Ashel Avraham Butchach 558; Moeid Lekol Chaiy 10; M”B 558:3; Kaf Hachaim 558:6; So rule the following Poskim regarding permitting slaughtering past midday of Tishe Beav if it falls on Thursday, due to preparation for Shabbos: Bach 558; Ateres Zekeinim 558; So rule the following Poskim regarding even Tishe Beav itself: Tosafus, brought in M”A 551:18, and Beis Yosef 551

[430] P”M 558 A”A 1; M”B ibid; Kaf Hachaim 558:6

Other opinions: Some Poskim rule that it is best to delay a haircut until after midday, as is always done. [Hagahos Baruch Taam; Ashel Avraham of Butchach; See questioner in Sheilas Yaavetz ibid for Rabbanim who placed the people in Niduiy for cutting their hair before midday]

[431] Elya Zuta 558:2 regarding meat, brought in Shaareiy Teshuvah 558:2, that it is forbidden at night; Shaareiy Teshuvah 558:2 regarding the general allowance of M”A that it applies from morning; Kitzur SHU”A 124:20; Aruch Hashulchan 558:2 “The next day on Erev Shabbos”; Beir Moshe 7:79; Beis Aba 8 in length; See Sheilas Yaavetz ibid “The next day”; Nitei Gavriel 88:2 and 89:3 and in Teshuvah 20 regarding laundry; 89:5

[432] Possible implication of Siddur Yaavetz “It is permitted to get a haircut and launder clothing and bathe immediately” [however see Sheilas Yaavetz ibid “the next day it is for certain permitted”]; Gloss on Taz 551:14; Az Nidbaru 8:40; Even Yisrael 7:27; Lehoros Nasan 2:36; SSH”K 42:5; Rivivos Efraim 2:155; Mechzeh Eliyahu 86; Piskeiy Teshuvos 558:4

[433] SSH”K 42:52 regarding haircuts; Beir Moshe ibid; Nitei Gavriel 88:2 and 89:3 and in Teshuvah 20 regarding laundry; 89:5 regarding haircuts

[434] Az Nidbaru ibid; SSH”K ibid in name of Rav SZ”A; Piskeiy Teshuvos ibid; Nitei Gavriel 88:3 regarding when laundering at night; 89:6 regarding bathing; See Shevet Hakehasi 3:182 that one may nevertheless be lenient to add weekday clothing to the wash

Other opinions: From some Poskim it can be implied that one may be lenient in the above even if it is not done on behalf of Kavod Shabbos. [See Orchos Chaim 558:1 in name of Mur Veohalos 39 in a Kabbalah from Rav Levi Yitzchak of Berditchiv that even eating meat and wine is permitted; Mechzeh Eliyahu ibid; Piskeiy Teshuvos 558 footnote 20; Nitei Gavriel 89:4 regarding laundry that one may launder all clothing; However, see Mur Veaholos inside who explains that the eating of meat on Erev Shabbos is an old custom, and hence there is no real proof from this tradition that one may be lenient by other non-Kavod Shabbos matters]

[435] Aruch Hashulchan 558:2 regarding meat “Unlike those who are mistaken in this”; Piskeiy Teshuvos ibid

Other opinions: Some Poskim rule that one may be lenient in even eating meat, even it is not done on behalf of Kavod Shabbos. [See Orchos Chaim 558:1 in name of Mur Veohalos 39 in a Kabbalah from Rav Levi Yitzchak of Berditchiv regarding meat; Mechzeh Eliyahu ibid; Piskeiy Teshuvos 558 footnote 20; Nitei Gavriel 89:8 regarding tasting the Shabbos food; However, Elya Zuta 558:2 regarding meat, brought in Shaareiy Teshuvah 558:2 that one may not be lenient the night before; However, see Mur Veaholos inside who explains that the eating of meat on Erev Shabbos is an old custom, and hence there is no real proof from this tradition that one may be lenient by other non-Kavod Shabbos matters]

[436] Michaber and Rama ibid; Tur ibid; Abudarham ibid in name of Rosh; Hagahos Maimanis ibid; Taz ibid

Other customs: Some are accustomed to avoid meat until after Shabbos Nachamu. Some Poskim rule that this is a Minhag Taus which does not need Hatras Nedarim. [Rashal 54, brought in Taz 551:5] Other Poskim rule that it is a real custom, and requires Hatras Nedarim to be revoked. [Bach 551:10; M”A 551:16; Taz 551:10]  See Elya Raba 551:45; P”M 551 A”A 16; Noda Beyehuda Tinyana 105; M”B 551:36; Kaf Hachaim 551:74-75

[437] Mamar Mordechai 558:1; Biur Halacha 558:1; Kaf Hachaim 558:4

[438] Michaber and Rama ibid; Hagahos Maimanis ibid; Taz 558:1

Other customs: Some are accustomed to avoid wine until after Shabbos Nachamu. Some Poskim rule that this is a Minhag Taus which does not need Hatras Nedarim. [Rashal 54, brought in Taz 551:5] Other Poskim rule that it is a real custom, and requires Hatras Nedarim to be revoked. [Bach 551:10; M”A 551:16; Taz 551:10]  See M”B 551:36; Kaf Hachaim 551:74

[439] M”A 558:1 in name of Rashal 92; M”B 558:3                                                            

Other Opinions: Some Poskim rule that only meat and wine are forbidden. [Bach 558 and Taz 558:1 in name of Minhagim of Tirana; Mamar Mordechai brought in Biur Halacha 558 “Ad”]

[440] Rashal ibid; Kaf Hachaim 558:6

[441] M”A 558:1 in name of Rashal 92; M”B 558:3; 551:37; Kaf Hachaim 551:76

Other Opinions-lenient: Some Poskim rule that only meat and wine are forbidden uon the 10^th. [Bach 558 and Taz 558:1 in name of Minhagim of Tirana; Mamar Mordechai brought in Biur Halacha 558 “Ad”] See also Michaber 551:4 “It is permitted for one to get a haircut and do laundry immediately after the conclusion of the fast [of Tishe Beav].” This, however, is only from the letter of the law, however, according to custom it is forbidden. [Kaf Hachaim 551:76]

Other opinions-stringent: Some are accustomed to avoiding eating meat and wine until after Shabbos Nachamu. Some Poskim rule that this is a Minhag Taus which does not need Hatras Nedarim. [Rashal 54, brought in Taz 551:5] Other Poskim rule that it is a real custom, and requires Hatras Nedarim to be revoked, and that according to this custom, they must also avoid getting haircuts until Thursday. [Bach 551:10; M”A 551:16; Taz 551:10]  See Shaareiy Teshuvah 551; Elya Raba 551:45; M”B 551:36; Kaf Hachaim 551:74

[442] M”A 558:1 in name of Rashal 92; M”B 558:3; 551:37; Kaf Hachaim 551:76

Other Opinions-leninet: Some Poskim rule that only meat and wine are forbidden. [Bach 558 and Taz 558:1 in name of Minhagim of Tirana; Mamar Mordechai brought in Biur Halacha 558 “Ad”] See also Michaber 551:4 “It is permitted for one to get a haircut and do laundry immediately after the conclusion of the fast [of Tishe Beav].” This, however, is only from the letter of the law, however, according to custom it is forbidden. [Kaf Hachaim 551:76]

Other opinions-stringent: Some are accustomed to avoiding eating meat and wine until after Shabbos Nachamu. Some Poskim rule that this is a Minhag Taus which does not need Hatras Nedarim. [Rashal 54, brought in Taz 551:5] Other Poskim rule that it is a real custom, and requires Hatras Nedarim to be revoked, and that according to this custom, they must also avoid doingv laundry until Thursday. [Bach 551:10; M”A 551:16; Taz 551:10]  See Shaareiy Teshuvah 551; Elya Raba 551:45; M”B 551:36; Kaf Hachaim 551:74

[443] Nitei Gavriel 89:2; Piskeiy Teshuvos 558:2 based on Mekor Chaim of Chavos Yair includes all matters kept during the nine days.

[444] M”A 558:1; M”B 558:3; Piskeiy Teshuvos 558:2

Other Opinions: Some Poskim rule that only meat and wine are forbidden. [Mamar Mordechai brought in Biur Halacha 558 “Ad”]

[445] Piskeiy Teshuvos 558:2 based on Mekor Chaim of Chavos Yair includes all matters kept during the nine days.

[446] M”A 558:3 in name of Kneses Hagedola 558 that one who guards his soul is to distance himself from this; M”B 558:2; Kaf Hachaim 558:7

[447] Kaf Hachaim 558:7

[448] Machazik Bracha 558:3; Yosef Ometz 56; Shaareiy Teshuvah 558:2; Kaf Hachaim 551:208 and 558:8; Hisorerus Teshuvah 3:21

[449] Ashel Avraham of Butchach 558; Daas Torah 558

[450] See Kaf Hachaim 558:2

[451] Bach 558:1 in intrepertation of Tur 558; Ateres Zekeinim 558 in name of Tur; Kneses Hagedola 558

[452] Setimas Michaber and Rama who omit this ruling; Taz 558:1 in his interpretation of Michaber and Tur ibid that by food other than meat there is no need to diminish, as there is no joy in any food other than meat; Elya Raba 558:1

[453] Michaber and Rama ibid; Tur ibid; Abudarham ibid in name of Rosh; Hagahos Maimanis ibid; Taz ibid

Other customs: Some are accustomed to avoid meat until after Shabbos Nachamu. Some Poskim rule that this is a Minhag Taus which does not need Hatras Nedarim. [Rashal 54, brought in Taz 551:5] Other Poskim rule that it is a real custom, and requires Hatras Nedarim to be revoked. [Bach 551:10; M”A 551:16; Taz 551:10]  See Elya Raba 551:45; P”M 551 A”A 16; Noda Beyehuda Tinyana 105; M”B 551:36; Kaf Hachaim 551:74-75

[454] Mamar Mordechai 558:1; Biur Halacha 558:1; Kaf Hachaim 558:4

[455] Michaber and Rama ibid; Hagahos Maimanis ibid; Taz 558:1

Other customs: Some are accustomed to avoid wine until after Shabbos Nachamu. Some Poskim rule that this is a Minhag Taus which does not need Hatras Nedarim. [Rashal 54, brought in Taz 551:5] Other Poskim rule that it is a real custom, and requires Hatras Nedarim to be revoked. [Bach 551:10; M”A 551:16; Taz 551:10]  See M”B 551:36; Kaf Hachaim 551:74

[456] M”A 558:1 in name of Rashal 92; M”B 558:3                                                            

Other Opinions: Some Poskim rule that only meat and wine are forbidden. [Bach 558 and Taz 558:1 in name of Minhagim of Tirana; Mamar Mordechai brought in Biur Halacha 558 “Ad”]

[457] Rashal ibid; Kaf Hachaim 558:6

[458] Nitei Gavriel 89:2; Piskeiy Teshuvos 558:2 based on Mekor Chaim of Chavos Yair includes all matters kept during the nine days.

[459] M”A 558:1; M”B 558:3; Piskeiy Teshuvos 558:2

Other Opinions: Some Poskim rule that only meat and wine are forbidden. [Mamar Mordechai brought in Biur Halacha 558 “Ad”]

[460] Piskeiy Teshuvos 558:2 based on Mekor Chaim of Chavos Yair includes all matters kept during the nine days.

[461] Piskeiy Teshuvos 558:2 based on ruling of Mamar Mordechai that the prohibition only applies to meat and wine, and in a time of great need one may rely on their opinion.

[462] See M”A 558:1; P”M 558 A”A 1; M”B ibid; Kaf Hachaim 558:6; Orchos Chaim 558:1

[463] As cutting nails is only forbidden the week of Tisha B’av, and from where do we know that the night after Tisha B’av is as strict as the week off Tisha B’av. Vetzaruch Iyun. It is not mentioned in the list of Issurim brought in M”B,

[464] See M”A 558:1; P”M 558 A”A 1; M”B ibid; Kaf Hachaim 558:6; Orchos Chaim 558:1

[465] M”A 558:1 in name of Rashal 92; M”B 558:3                                                             

Other Opinions: Some Poskim rule that only meat and wine are forbidden. [Bach 558 and Taz 558:1 in name of Minhagim of Tirana; Mamar Mordechai brought in Biur Halacha 558 “Ad”]