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Chapter 15: The fast of Gedalia

1. Tzom Gedalia:[1]

The day after Rosh Hashanah, which is the 3rd of Tishrei, is a public fast day [called Tzom Gedalia].[2] One is required to fast on this day due to the tragedies that occurred during this time.[3] [This fast is mentioned explicitly in scripture [Zecharia 8] as the “Seventh fast”. The seventh fast refers to the fast of the 3rd of Tishrei which is in the seventh month.[4]]

What occurred on the 3rd of Tishrei:[5] On the 3rd of Tishrei Gedalia Ben Achikam, which was the general and head of the Jewish people after the Churban of the first Temple, was assassinated. This led to the final stage of the destruction, and disp….ersion and murder of our people.

Announcing the fast the Shabbos before:[6] It is not the Ashkenazi custom to announce the fast of Gedalia the Shabbos before the fast.

 

When was Gedalia murdered?[7] It is implied from the classical sources that Gedalia passed away on the 3rd of Tishrei. However some Rishonim[8] learn that he was actually assassinated on Rosh Hashanah, however due to the holiday the fast was delayed until the 3rd of the month, which is the day following R”H.

The purpose of a fast day:[9] The purpose of a fast day is to arouse the hearts in true repentance after contemplating the suffering we experienced due to our evil ways. Thus, each person is to do an accounting of his soul during this time.   Avoiding anger:[10] One must be especially careful to avoid anger on a fast day.   Speaking less and avoiding laughter:[11] One is to diminish conversation on a fast day, and is certainly to avoid laughter.   Lamenting the tragedies:[12] One is to lament the tragedies that occurred on that day, for which he is fasting, and not let the fast become like a routine day with simple avoidance of eating.

2. When does the fast begin?[13]

All fast days, whether public or private [other than Tishe Be’av and Yom Kippur], begin by Alos Hashachar/daybreak. Hence, it is permitted to eat or drink on the night of the fast, up until Alos Hashachar. [The exact time of Alos will be explain in A.] This, however, is with exception to one who went to sleep at night and woke up prior to Alos, as will be explained in B. 

A. When is Alos Hashachar?

There is general dispute amongst the Poskim as to the definition of Alos/daybreak according to Halacha. Some Poskim[14], and calenders, rule Alos Hashachar begins 72 minutes prior to sunrise. Other Poskim[15], and calendars, rule Alos Hashachar begins 90 minutes prior to sunrise. Other Poskim[16], and calendars, rule Alos Hashachar begins two fluctuating[17] hours prior to sunrise, and so is understood by many to be the opinion of Admur. This means that the fast begins when the sun is 26 degrees below the horizon, and does not refer to 120 Zmaniyos minutes.[18] [Practically, those who follow the rulings of Admur, are to be stringent like all opinions[19], and so is the widespread Chabad custom. Thus, regarding a fast day, one is to be stringent to consider Alos Hashachar to begin approximately two fluctuating hours prior to sunrise. Accordingly, even if one was awake the entire night, or went to sleep on condition to wake up before Alos to eat/drink, he must stop eating and drinking two fluctuating hours before sunrise. Being that different calendars follow different opinions regarding the definition of Alos, it is imperative that by a fast day, one look at a calendar which shows the time of Alos in accordance to the ruling of Admur, which is 2 fluctuating hours before Alos. [The correct time according to Admur can be found in Luach Kolel Chabad, Hiskashrus, Chabad Dvar Malchus, Luach of Rav Sangwai[20] and certain Chabad websites. The time of Alos for a fast day found on Chabad.org does not follow the above understanding of Admur.]

 

Summary: The fast begins from Alos Hashachar, although since there are various opinions in Poskim, and calendars, regarding the time of Alos Hashachar, one is to speak to his Rav for a final ruling of which opinion and calendar to follow. The suggested approach for those who follow the opinion of Admur, is to be stringent to stop eating and drinking starting from 120 fluctuating minutes [when the sun is 26 degrees below the horizon], and follow a calendar that uses this time.

B. One who woke up before Alos:[21]

The above allowance to eat on the night before a fast up until the time of Alos, only applies if one remained awake throughout the night. However, if one slept a set sleep[22] and then woke up prior to Alos, then he may not eat [anything[23]] even if it is prior to Alos, unless he stipulated prior to going to sleep that he plans to eat after awaking before Alos. [See below for definition of a set sleep versus a temporary sleep, and the ruling according to Kaballah.]

Drinking: Some Poskim[24] rule that just as it is forbidden to eat prior to Alos if one did not make a stipulation before going to sleep, so too, he may not drink prior to Alos if a stipulation was not made prior to going to sleep. Other Poskim[25], however, rule that drinking before Alos does not require a stipulation, and he may thus drink prior to Alos, even if he did not stipulate before going to sleep.[26] [This allowance extends to any drink, and not just water.[27] Practically, if he is not accustomed to drink in middle of the night after awakening[28], then it is initially proper to make a stipulation prior to going to sleep even if he only plans to drink and not to eat upon waking up before Alos.[29] However, Bedieved, if one did not make this stipulation, then he may nevertheless drink prior to Alos even if he is not accustomed to drink in middle of the night after awakening.[30] One who is accustomed to always drink upon waking up in middle of the night, does not need to make a stipulation at all, even initially.[31] If one stipulated to eat upon awakening prior to Alos, then this includes also drinking, and it is not necessary to also stipulate to drink.[32]]

A temporary sleep:[33] The above requirement to make a stipulation before going to sleep only applies by a set sleep [i.e. Shinas Keva]. [Thus, if one slept a temporary sleep and then woke up before Alos, it is considered as if he did not sleep at all and he may thus continue to eat and drink prior to Alos, even though a stipulation was not made beforehand. Now, what is the definition of a temporary sleep, versus a set sleep? A temporary sleep is defined as one who slightly dozed off, such as during a meal, or while reading, in which case one’s consciousness is still somewhat alert, and he will thus reply if asked a question.[34] However, one who fell into a regular deep state of sleep, is considered to have slept a set sleep even if he did not do so on his bed.[35] Thus, if one fell asleep on the couch, then if a stipulation was not made beforehand he may not eat upon awakening prior to Alos, if he fell into a regular deep sleep. However, if one fell asleep in middle of a meal, prior to finishing it, then this matter is debated amongst the Poskim[36] as to whether a stipulation is required beforehand.]

The Zoharic prohibition against eating before Alos: Despite the above Halachic allowance to eat before Alos of a fast day if a stipulation was made, some Poskim[37] rule it is a grave prohibition according to Kabala to eat, prior to dawn, after awakening, throughout the entire year. This prohibition applies starting from midnight and onwards, after awakening from a standard sleep of 60 breaths.[38] Practically, the custom of Sephardic Jewry is to be stringent.[39] However, Ashkenazi Jewry is lenient[40] and so is the Chabad custom.[41] If one did not sleep that night for at least 60 breaths, then according to all, he may eat up until dawn.[42] Likewise, some Poskim[43] rule that if one plans to return to sleep for a second time before Alos, then this prohibition does not apply. Likewise, if one is weak or sick, he may eat prior to Alos even according to the Zohar.[44]]

Eating within 30 minutes prior to Alos:[45] It is forbidden throughout the year to begin a meal starting from 30 minutes prior to Alos [however, snacking is allowed]. [One may eat up until 55 grams of bread, and Mezonos, and an unlimited amount of fruit and drink.[46]]

Summary: If one slept [even not on one’s bed, such as on one’s couch] and then woke up prior to Alos, he may not eat unless he stipulated prior to going to sleep that he plans to eat after awaking before Alos. He may however have a drink, even if he did not stipulate before going to sleep. Nevertheless, initially it is proper to stipulate before going to sleep even if one only plans to drink and not to eat. If one did not sleep a set sleep but rather slightly dozed off, it is considered as if he has not slept at all in this regard and he may thus continue eating until Alos. It is forbidden throughout the year to begin a meal starting from 30 minutes prior to Alos however, snacking is allowed. The custom of Sephardic Jewry is to be stringent throughout the year and not eat anything prior to Alos, after awakening from a set sleep.   Q&A on stipulating before going to sleep If one went to sleep without stipulation and then ate prior to Alos, is it considered as if he broke his fast?[47] No.

General Q&A on eating the night before the fast May one eat a lot of food prior to a fast in order so he does not feel hungry?[48] The Poskim[49] rule that one may not eat more than usual prior to a fast, as this defeats the entire purpose of feeling oppression on that day. Nevertheless, one who is weak natured, and needs to eat a lot more food than usual in order to have strength, may do so. May one take a fast-easy pill [Kali Zom] in order to alleviate the fast? This follows the same ruling as above. May one eat meat and drink wine on the night of a fast?[50] Some are accustomed not to do so.

3. When does the fast end?[51]

All fasts conclude after nightfall.[52] This is defined as the sighting of three medium stars, or when the moon shines very brightly on the earth.[53] It however does not suffice to see three large stars.[54] [Practically, in Eretz Yisrael, some[55] say that this is approximately 17 minutes after sunset by regular fasts and 24-27 minutes after sunset by Tisha B’av. Others[56] say it is 27 minutes after sunset by all fasts of the winter, and 34-35 minutes after sunset by all fasts of the summer. According to the rulings of Rav Avraham Chaim Naah, nightfall in Eretz Yisrael is between 15-20 minutes after sunset in the winter and 20-26 minutes after sunset in the summer.[57] In New York, some[58] write one is to wait until 50 minutes after sunset, or at the very least 41 minutes after sunset. The Rebbe stated that in New York nightfall throughout the year is 36 minutes after sunset, both during the summer and winter.[59] In all cases, one may begin Maariv before the above time, in order to conclude Maariv and be able to eat when the above time arrives.[60] In such a case, one is to make sure to read Kerias Shema again after nightfall.]

Q&A 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.[61] Some Poskim[62] however rule that when flying to the west, one may be lenient to break his fast in accordance to the area that he left from, upon Tzeis Hakochavim arriving there.[63]  When does the fast end in countries with long days, such as near the North pole?[64] Some[65] write the custom in such countries is to fast until 9.5 hours past midday. Other Poskim[66] however rule one is to fast until nightfall. If one crossed the international dateline on a fast day from West to East, is he to fast again the next day?[67] No.

4. Those exempt from the fast:[68] 

Everyone must fast on a Taanis Tzibur, and it is forbidden to be Poretz Geder.[69] [This includes men and women.[70]] This obligation to fast is due to custom, however from the letter of the law, the Sages[71] established all the fasts, other than Tisha B’av, as obligatory only in a time of danger.[72] Practically, today, even in a time of peace, all the four fasts are obligatory, until the coming of Moshiach.[73] Nonetheless, the Sages made a number of exceptions in their decree, such as for the sick, and for pregnant and nursing woman.

 

A. Sick or weak:

Must one fast if he is sick:[74] One who is sick is exempt from fasting, [and is even prohibited to be stringent upon himself to fast[75]].[76] This applies even if there is no danger involved in his illness.[77] He is not required to make up the fast on a later date when he feels healthy.[78]

One who is not sick but is weak: One who is weak is not required to fast if he receives a medical order from a doctor that the fast is detrimental to his health.[79] He is not required to make up the fast on a later date when he feels healthy.[80] If the fast causes one to become extremely weak, more than the average person, some Poskim[81] rule he is considered like a sick person and is not required to fast. 

One who is not sick but is in pain: One who is not sick must fast even if he is experiencing a great amount of pain.[82] However, some Poskim[83] rule one may be lenient if he is in a great amount of pain.

One who is traveling:[84] If one feels healthy, he must fast even if he is traveling that day.

 

Q&A How sick must a person be to be exempt from the fast? One must be sick enough that he feels weak in his entire body due to the illness, or is bedridden.[85] Taanis Nidche:[86] If the fast fell on Shabbos and was hence differed to Sunday, one may be lenient even if it is a slightly sick, and is not bedridden.   Must an old or weak person fast?[87] An old person, or a person who is weak, is not to fast on Taanis Esther or on any of the three Rabbinical fasts.[88] Practically however one may not be lenient unless he receives a medical order from a doctor that the fast is detrimental to him.   May one take medicine on a fast day?[89] 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 bitter 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.[90]]

B. Pregnant, nursing, or after birth:

Must a pregnant or nursing woman fast?[91] Pregnant[92] and nursing[93] women are exempt from fasting.[94] This applies even if they do not experience pain in fasting, nevertheless, they are not obligated to fast.[95] Nevertheless, the custom of pregnant and nursing women is to be stringent to fast[96], unless they experience great pain [or feel weak[97]] in which case they are not to fast.[98] They are likewise not required to make up the fast at a later date.[99] [Practically, the widespread custom today is that pregnant and nursing women do not fast any of the fasts other than Tisha B’av and Yom Kippur, as they are all considered weak and in pain.[100] They are also not required to make up the fast at a later date.[101]]

Women after birth:[102] According to all opinions, a woman within 30 days of giving birth does not need to fast.

May a pregnant or nursing woman eat like a normal day?[103] Although pregnant and nursing women are exempt from fasting, nevertheless, it is proper for them not to eat with intent to have pleasure from food and drink, but rather simply for the sake of the child.[104] [Accordingly, they are to avoid eating meat and drinking wine, unless they are weak and need it for their strength.[105]]

Q&A From what stage in pregnancy is a pregnant woman exempt from fasting?[106] A pregnant woman who is in pain[107] is exempt from fasting starting from the 41st day of her pregnancy. If she feels weak or in great pain, then she may be lenient even prior to 40 days. If she does not feel weak or any pain at all then she is required to fast if she has not yet entered her second trimester.   Must a woman who had a miscarriage fast?[108] No, if she miscarried after 40 days of conception.   Must a woman within two years of birth fast? Some Poskim[109] rule that all women within 24 months after birth [child is less than 2 years old] are defined as nursing women, even if they are not actually nursing anymore. Other Poskim[110] however are stringent for any woman who does not nurse in actuality, to fast. Must a pregnant or nursing woman try to fast for a few hours in the morning prior to breaking their fast?[111] No. They may eat immediately in the morning.

 

Children Fasting:[112]

All children who are above the age of Bar or Bas Mitzvah are obligated to fast on all accustomed fast days.[113] 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.[114] [This applies even if the child is within three fasts from his/her Bar/Bas Mitzvah.[115] One is not even required to educate the child to fast for a certain amount of hours into the day [i.e. Taanis Shaos].[116] Nevertheless, some Poskim[117] rule that regarding Tisha B’av, children[118] who have reached the age of education in this regard, which is approximately nine years old, are to delay their meals a few hours[119] 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.[120]]

What may the children eat? Some Poskim[121] rule that a child who has reached the age of understanding the mourning[122] is only to be allowed to eat bread and water or other simple staple food. The custom however is not like this opinion.[123] [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.[124]] 

 

If a child turned Bar/Bas Mitzvah on a fast day that is Nidche from Shabbos to Sunday, must the child fast on Sunday?[125] If the 3rd of Tishrei fell on Shabbos and was postponed to Sunday, and a child turned Bar/Bas Mitzvah on Sunday, must they fats on Sunday? Some Poskim[126] rule the child is not obligated to fast.[127] Other Poskim[128] rule the child is obligated to fast on Sunday.[129] Practically, the child is to fast unless they are weak and doing so is greatly difficult.[130]

 

D. Exemptions for fasting on Taanis Nidche:[131]

Sick: 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 a slightly sick, and is not bedridden.

Pregnant and nursing: A pregnant [or nursing[132]] woman may break her fast if she feels even slightly sick [or weak].[133] [This applies even according to the custom for pregnant and nursing woman to fast. Practically, as stated above, pregnant and nursing woman are accustomed not to fast even by a regular fast day, as they are all considered weak.]

Yoledes-After birth:[134] Certainly a Yoledes within 30 days is not to fast on a Nidche fast.

Fasting until Mincha:[135] 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].

General Q&A on Fasting Must one who needs to eat or drink only take the minimul measurements “Shiurim” as required on Yom Kippur? Some Poskim[136] rule one is required to follow the same eating and drinking measurements “Shiurim” prescribed on Yom Kippur. Other Poskim[137] however rule it is not necessary. Practically, the custom is not to follow this opinion, and hence one who is permitted to eat or drink may do so without limitation.[138]   Must a Chasan and Kallah within the 7 days of Sheva Brachos fast?[139] Yes. Taanis Nidcheh: When a fast day falls on Shabbos and was hence pushed off to Sunday a Chasan is required to fast the entire day as usual even if he is within the seven days of Sheva Brachos.[140]  Others[141] however rule he is not required to fast until nightfall.   May one who is not fasting eat like a normal day?[142] It is proper to diminish somewhat in eating and drinking if one is not fasting that day, such as a pregnant or nursing woman, in order to participate in the day of oppression followed by the community.   Must a soldier in the army fast? If he is not involved that day in any military operation or warfare then he must fast like everyone else. If, however, he is taking part in a military operation then he must eat in order to have strength.   If fasting on Tzom Gedalia may cause one to be unable to fast on Yom Kippur is he nevertheless to fast?[143] Some Poskim[144] rule one is to fast. Others[145] rule one is not to fast. Practically if one chooses not to fast he is not to be protested.[146]   May a kosher restaurant open on a fast day?[147] Yes. However, they may only sell food to Jews that do not have to fast.   May one touch foods on a fast day?[148] It is permitted to touch food on a fast day.[149]

 

5. One forgot and ate or drank on the fast day:[150]

Is he to continue fasting that day?[151] If one ate or drank on a public[152] fast day, he is nevertheless required to continue fasting for the rest of that day, and is forbidden to eat or drink any further. [It does not help to make up the fast on another day, and one must stop eating/drinking even if he plans to do so.[153]]

Making up the fast another day:[154] If one ate or drank on a public[155] fast day it does not help to make up the fast on another day, and he is not required to do so. Nevertheless, one may fast on another day as atonement for the fact he ate on the fast day. This atonement fast is not a requirement.[156] Some Poskim[157] however rule one is to fast three fasts [Bahab], as atonement for breaking the fast. [Practically, the main ruling follows that one is not required to fast even as atonement, and if he desires an atonement, he should either fast or give charity to paupers in place of an atonement fast. If, however, one deliberately ate or drank on a fast day, then he is to fast Bahab, or make up the fasts with charity. [158]]

Summary: If one ate or drank on a public fast day, he is nevertheless required to continue fasting for the rest of that day, and is forbidden to eat or drink any further. It does not help to make up the fast on another day, and he is not required to do so. Nevertheless, if he desires an atonement, he should fast another day or give charity to paupers in place of an atonement fast. Q&A If one accidently ate on a fast day but continued fasting, is he to recite Aneinu?[159] Some Poskim[160] rule he may recite Aneinu, and recite the dialect “Beyom Tzom Hataanis Hazeh”. Other Poskim[161] rule he may no longer recite Aneinu. If he only ate a small amount, such as less than a Kezayis of food and the minority of a Revius of a drink, then he may recite Aneinu according to all.[162] If one accidently ate on a fast day but continued fasting, may he be called up for an Aliya?[163] Some Poskim[164] rule he may be called up for an Aliya. Other Poskim[165] rule he may not receive an Aliya. If he only ate a small amount, such as less than a Kezayis of food and the minority of a Revius of a drink, then he may receive an Aliya according to all.[166] If on a fast day one said a blessing on a food and then remembered, what is he to do?[167] Some Poskim[168] rule the person is to taste and swallow a small amount of the food. Other Poskim[169] rule one is to simply recite Baruch Sheim Kevod Malchuso Leolam Vaed, and is not to partake in the food., and so is the suggested practice

 

6. The Davening:

A. Selichos:

Selichos are recited on a fast day.[170] The Chabad custom is to recite the Selichos within Tachanun[171], after Shemoneh Esrei of Shacharis.[172]

Standing:[173] Selichos is customarily recited while standing. This especially applies for the sections of the 13 attributes of mercy and Shema Koleinu.

Omitting Viduiy:[174] The Chabad custom is to omit the saying of Ashamnu within Selichos, when Selichos is recited within the prayer of Shacharis.[175] [However, it is recited as usual within Tachanun that is recited before Selichos.]

Concentration: Selichos must be recited slowly and with concentration. It is better to recite a lesser amount of supplications, but with proper concentration, then a larger amount without concentration.[176] Those who are accustomed to swiftly recite the conclusion of Selichos are to nullify their custom.[177]

The Thirteen attributes: It is forbidden to recite the thirteen attributes without proper concentration.[178] [It is to be recited slowly and carefully.[179] It is to be recited aloud.[180] Some are accustomed to count the Middos with their fingers.[181] Some are accustomed to picture each letter of each word in their mind while reciting it.[182] One is to make a break between the words Vayikra Besheim and Hashem[183], and between the two names of Hashem Hashem.[184]] The 13 attributes may only be read together with the Minyan.[185] See Q&A!

Shema Koleinu: The custom is to open the ark and stand for the saying of Shema Koleinu.

 

Selichos without a Minyan:

May a person recite Selichos without a Minyan?[186] It is permitted to recite Selichos without a Minyan, although one is required to omit certain parts, as will be explained next.

What does one omit if he is saying Selichos without a Minyan? If one is saying Selichos without a Minyan, he is to omit the 13 attributes of mercy.[187] [One is to omit the words starting from Vayavor.[188] Some[189] write that one is to also omit the entire paragraph of “Keil Melech Yosheiv.” It is not our custom in such a case to recite the 13 attributes of mercy in the tune of the Torah reading-see Halacha C in Q&A!] He is likewise to omit the Aramaic parts said within Selichos.[190] One does not omit the verse of “Uzechor Hayom Bris Shlosh Esrei” upon saying Selichos without a Minyan.[191]

The following Q&A are discussed in the section of “Elul” Halacha 15-see there!   Q&A on Selichos · Must one stand during Selichos? · Does one say Selichos if there is a Chasan in the Minyan? · Does one say Selichos if there is a Baal Bris [i.e. Mohel; Sandek; Father] in the Minyan? · Is Selichos recited in the house of an Avel? · Does the Avel omit the confession prayer from Selichos?   Q&A on the 13 attributes · Must one stand when reciting the 13 attributes? · If one is behind the Minyan and the congregation has reached the 13 attributes of mercy what is he to do? · If one is Davening with a Minyan and the congregation has already recited the 13 attributes of mercy may he recite it when he reaches that point? · Must one read each word of the 13 attributes together with the congregation or can he read it on his own pace? · If the congregation is already in middle of reciting the 13 attributes may one begin to say it? · May one recite the 13 attributes of mercy to himself in the Torah reading tune?

 

B. Shacharis:

Avinu Malkeinu: Avinu Malkeinu is recited after Selichos, prior to “Veanachnu Lo Neida”. One continues straight to Veanchnu Lo Neida after Avinu Malkeinu and omits the short Avinu Malkeinu prayer normally recited prior to Veanachnu Lo Neida.

Torah reading: The Torah portion of Vayichal is read during Shacharis. 

Keil Erech Apayim: The prayer of Keil Erech Apayim is recited on Mondays and Thursdays prior to taking out the Sefer Torah.[192] Some[193] are accustomed to reciting Keil Erech Apayim prior to Kerias Hatorah on fast days, even if it does not fall on Monday or Thursday. Some[194] are accustomed to reciting it even by Mincha. Practically however, the widespread custom is to only recite the prayer by Shacharis of Mondays and Thursdays prior to opening the Aron, and not on a fast day that falls on a different weekday.[195] It is likewise not recited by Mincha of a fast day even if it falls on Monday or Thursday.[196]   

 

Q&A on Avinu Malkeinu Bris or Chasan: See previous Chapter Halacha 5 in Q&A! Is Avinu Malkeinu recited in the house of an Avel? See previous Chapter Halacha 5 in Q&A!   Q&A on Kerias Hatorah May one who is not fasting receive an Aliyah?[197] No. What is the law if one who is not fasting was accidently called for an Aliyah? If the fast is taking place on Mondays or Thursdays then by Shacharis he may receive the Aliyah.[198] By Mincha, and Shacharis of other days of the week, he is to refuse the Aliyah on the basis that he is not fasting. If he is a Torah scholar and fears telling the public that he is not fasting then he may receive the Aliyah. However initially anyone who is not fasting should avoid being in Shul during the Torah reading.[199]  If one accidently ate on a fast day but continued fasting, may he be called up for an Aliya?[200] Some Poskim[201] rule he may be called up for an Aliya. Other Poskim[202] rule he may not receive an Aliya. If he only ate a small amount, such as less than a Kezayis of food and the minority of a Revius of a drink, then he may receive an Aliya according to all.[203]   May the Torah be read by Shacharis and Mincha if not everyone in the Minyan is fasting? See Halacha C in Q&A! What is the law if on a Monday or Thursday the congregation accidently read the weekly portion instead of Vayichal?[204] They fulfill their obligation.

C. Aneinu:

The prayer of Aneinu is added during Mincha Shemoneh Esrei of a fast day.[205] It is recited within the blessing of Shomeia Tefila[206], prior to the words “Ki Ata Shomeia”[207]. It is not recited during the silent Shemoneh Esrei of Shacharis or Maariv.[208] It is however recited within the Chazan’s repetition of the Shacharis and Mincha Shemoneh Esrei.[209] The Chazan recites Aneinu as a separate blessing between the blessings of Goal Yisrael and Rifaeinu.[210] This applies during the Chazan’s repetition of both Shacharis and Mincha Shemoneh Esrei. However, during the Chazan’s silent prayer of Shemoneh Esrei of Shacharis he does not say Aneinu[211], while during his silent prayer of Mincha he recites Aneinu within Shomeia Tefila just like the other people praying.[212]

One who forgot Aneinu: If one forgot to say Aneinu in Shomeia Tefila he has nevertheless fulfilled his obligation.[213] If he remembered prior to finishing Shemoneh Esrei he is to recite it at the end of Davening[214], in Elokaiy Netzor prior to the [second[215]] Yihyu Leratzon.[216] Even if he remembered prior to Ritzei, he is nevertheless to continue and recite it in Elokaiy Netzor.[217] [If he only remembered after finishing Davening then it is proper to concentrate on each word of the Chazan’s repetition and thus fulfill his obligation.[218]]

Chazan forgot Aneinu:[219] If the Chazan forgot to say Aneinu in his repetition he has nevertheless fulfilled his obligation.[220] If he remembered prior to reciting Hashem’s name in the blessing of Rifaeinu then he is to go back and recite it and then repeat from Rifaeinu.[221] If he already recited Hashem’s name in the end blessing of Rifaeinu then he may not go back and say it[222] and is rather to recite Aneinu in Shomeia Tefila just like one does by his private Shemoneh Esrei.[223] In such a case he is to recite the end blessing of Aneinu and conclude the blessing of Shomeia Tefila as “Haoneh Bieis Tzarah Veshomeia Tefila”.[224] If one did not recite the end blessing of Aneinu and concluded the blessing of Shomeia Tefila as usual he has nevertheless fulfilled his obligation of Aneinu.[225] If he forgot to say it within Shomeia Tefila and already recited Hashem’s name in the blessing then he is to say the entire blessing of Aneinu on its own [immediately[226]] after concluding the blessing of Sim Shalom [prior to saying the first Yehiyu Leratzon].[227]

Chazan mistakenly said Aneinu before Goel Yisrael:[228] If the Chazan mistakenly recited Aneinu prior to the blessing of Riei Na thven he must repeat Aneinu after Riei Na.[229]

           

Q&A If one is Davening Mincha past sunset, may Aneinu be recited? Some Poskim[230] rule Aneinu is not to be recited after sunset. Nonetheless, the widespread custom is to say it.[231]   May Aneinu be recited in the Chazan’s repetition if not everyone in the Minyan is fasting?[232] Some Poskim[233] rule the Chazan may not recite Aneinu unless there are ten people fasting within the Minyan. Others[234] rule it may be only be recited if there are seven people fasting. Others[235] rule it may only be recited if there are six people fasting. Other Poskim[236] rule that if at least three people in the Minyan are fasting the Chazan may recite Aneinu in his repetition. Practically the Chabad custom is like this opinion.[237] However many are accustomed that the Chazan only says Aneinu if there are at least six people fasting.[238] If there are not enough fasters at the Minyan should the Chazan recite Aneinu in Shomeia Tefila? Some Poskim[239] rule the Chazan is to recite Aneinu within Shomeia Tefila even if the minimum amount of fasters are not present. May the Torah be read by Shacharis and Mincha if not everyone in the Minyan is fasting?[240] Many Poskim[241] rule that if at least three people in the Minyan are fasting the Torah may be read. Practically the Chabad custom is like this opinion.[242] However many[243] are accustomed to only read the Torah if there are at least six people fasting. What is the congregation to do on Shacharis of Mondays and Thursdays if there are not enough fasters at the Minyan?[244] On Shacharis of Mondays and Thursdays, if there are not enough fasters at the Minyan, the congregation should read the weekly Torah portion instead of Vayichal. May one who is not fasting [i.e. sick, old, pregnant] recite Aneinu on a public fast day?[245] This matter is disputed in Poskim. Some Poskim[246] rule Aneinu may be recited in Shomeia Tefila by a person who is not fasting if he is Davening with the Minyan. In such a case, he is to recite the dialect of “Beyom Tzom Hataanis Tzibur Hazeh.” Other Poskim[247] rule Aneinu is never to be recited by one who is not fasting. Everyone agrees Aneinu is not to be recited when such a person is Davening in private. If one accidently ate on a fast day but continued fasting, is he to recite Aneinu?[248] Some Poskim[249] rule he may recite Aneinu, and recite the dialect “Beyom Tzom Hataanis Hazeh”. Other Poskim[250] rule he may no longer recite Aneinu. If he only ate a small amount, such as less than a Kezayis of food and the minority of a Revius of a drink, then he may recite Aneinu according to all.[251] Are children who are not fasting to recite Aneinu?[252] No. If one accidently recited Aneinu between Goal Yisrael and Rifaeinu is he to still say it within Shomeia Tefila?[253] No, as he has already fulfilled his obligation.

Sparks of Kabala The meaning behind Aneinu:[254] The Kol Bo writes the prayer of Aneinu contains 63 words which correspond to the 63 letters contained within the verse “Vayira Yaakov Meod…” The Aguda writes that it corresponds to the 63 letters of the three Avos and twelve tribes.[255] Alternatively it corresponds to the Divine 63 letter name of Hashem [Sheim Sag], which corresponds to Bina and Gevura. We thus recite 63 words in order to sweeten the severities of Bina.

D. Mincha:

Charity: Prior to Mincha one is to give Igara Ditaanisa to charity.[256]

Torah reading: The Torah portion of Vayichal is read during Mincha. This is followed by the reading of the Haftorah. 

Yehalelu:[257] After the reading of the Haftorah Yehalelu is recited and the Torah is returned to the Aron. This is then followed by half Kaddish. [However, there were years that the Rebbe began the Kaddish immediately after the Haftora as is normally done by Mincha of Shabbos.[258] However, in most years the Rebbe waited for the Sefer Torah to be returned.[259]] 

Aneinu: During Shemoneh Esrei of Mincha, Aneinu is recited, as stated in the previous Halacha.

Nesias Kapayim:[260] The Chazan recites Birchas Kohanim in his repetition of Shemoneh Esrei of Mincha. Those places which are not accustomed to do Birchas Kohanim recite Elokeinu during the Chazan’s repetition.[261] [This applies even when Mincha is being davened early, by the time of Mincha Gedolah.[262]] Those that are accustomed to perform Nesias Kapayim daily, are to do so as well by Mincha of a fast day. [However this only applies when Mincha is being prayed close to sunset.[263] Some[264] rule this to be within thirty minutes before sunset. Others[265] rule it refers to past Plag Hamincha. Others rule it refers to Mincha Ketana.[266] However when praying Mincha prior to Plag Hamincha Nesias Kapayim is not performed.[267] Nevertheless one does recite Elokeinu Velokei Avoseinu, as stated above.]

Tachanun and Avinu Malkeinu: Tachanun and Avinu Malkeinu are recited during Mincha of a fast day.

Q&A May Elokeinu or Nesias Kapayim be recited in the Chazan’s repetition if not everyone in the Minyan is fasting? Some Poskim[268] rule one is not to say Elokeinu or perform Nesias Kapayim if there are not ten people fasting within the Minyan. However, others[269] leave this matter in question, as perhaps it follows the same ruling as the recital of Aneinu and Kerias Hatorah in which case some[270] are lenient even if there are three people fasting. May a Kohen perform Nesias Kapayim if he is not fasting?[271] No. He is thus to leave the Shul prior to Ritzei.

7. The order of Davening on a fast day if a Chasan or Baal Bris [i.e. Mohel; Sandek; Father]  is present:

A. Tachanun [and Lamnatzeiach; Keil Erech Apayim]:[272]

If there is a Baal Bris or a Chasan [within seven days of his wedding, or on the day of his wedding] present by the Minya on a fast day then Tachanun, [Lamnatzeiach[273] and Keil Erech Apayim[274]] is omitted. This omission includes the paragraph of Vehu Rachum recited on Mondays and Thursdays.[275]

B. Selichos:[276]

Even if there is a Baal Bris or Chasan [within seven days of his wedding, or on the day of his wedding] present by the Minyan, in which Tachanun is to be omitted, as stated above, nevertheless, Selichos is to be recited.[277] [Some however are accustomed to say an abridged version of the Selichos.[278]]

Does the Chasan or Baal Bris himself recite Selichos?[279] The Chasan himself or Baal Bris doed not recite Selichos.

 

C. Avinu Malkeinu:[280]

Even if there is a Baal Bris or Chasan [within seven days of his wedding, or on the day of his wedding] present by the Minyan, in which Tachanun is to be omitted, as stated above, nevertheless, Avinu Malkeinu is to be recited. [Regarding the Chabad custom: There were years that the Rebbe omitted Avinu Malkeinu during Aseres Yimei Teshuvah if a Chasan was present, or a Bris was to take place.[281] However in other years the Rebbe recited it.[282]]

8. General laws applicable on fast days:

Rinsing the mouth:[283] On a public fast day, one does not rinse his mouth in the morning.[284] This applies even if one will be using less than a Revius of water.[285] [If, however, this is causing one discomfort, he may be lenient to rinse his mouth.[286]] On a private fast day, it is permitted to rinse the mouth with water, even if one sues more than a Revius.[287] It is however forbidden to rinse the mouth on a private fast day with other liquids if they contain more than a Revius.[288] If however the liquids are not drinkable, such as vinegar, then it is permitted to use even more than a Revius [on a private fast day].[289]

Chewing tobacco/gum and other flavored items: Some Poskim[290] rule it is permitted to chew and spit out all flavored inedible items, such as cinnamon, sweet wood, and spices of the like, on all fast days other than Yom Kippur. Other Poskim[291] rule it is forbidden to chew any flavored item on any of the public fast days, and so is the final ruling. [Thus, one may not chew gum on a fast day unless it has no taste/flavor and does not contain moisture which gets swallowed upon the initial chewing.[292]]

Swallowing saliva:[293] It is permitted to swallow saliva on a fast day. [One however is not to intentionally do so for the sake of quenching his thirst.[294]]

Bathing, anointing, wearing leather shoes, and marital relations:[295] It is permitted to bathe, anoint, wear leather shoes, and have marital relations on a fast day other than Tisha B’av.[296] [Nevertheless, a Baal Nefesh is to be stringent not to bathe [in hot water[297], if it does not involve a Mitzvah[298]], anoint, or have marital relations on the fast day, just like on the ninth of Av.[299] These stringencies begin from the night of the fast day, which is from the night of the 17th of Tammuz.[300] Leather shoes however may be worn according to all.[301] Likewise, on the night of Tevila one is not to abstain from marital relations with his wife.[302]

Q&A May one brush his teeth on a fast day?[303] If not doing so will cause one pain or discomfort it is allowed. May one use mouthwash if not doing so will cause pain and discomfort?[304] Yes, it may be used in such a case.   May one eat meat and drink wine on the night of a fast?[305] Some are accustomed not to do so.   May one get a haircut on a fast day? Yes.[306] However, some Poskim[307] rule that a Baal Nefesh is to be stringent not to get a haircut on a fast day, starting from the night of the fast. May one do laundry on a fast day?[308] Yes. However, there is room to learn that a Baal Nefesh should be stringent to avoid doing so.   May one listen to music and dance on a fast day? Some Poskim[309] rule it is forbidden to listen to music or dance from the night of the fast. May one go swimming on a fast day? Yes. However, some Poskim[310] rule that a Baal Nefesh is to be stringent not to go swimming on a fast day, starting from the night of the fast. May one get married on a fast day? It is permitted to get married on a fast day.[311] However, some Poskim[312] discourage one from getting married on a fast day, starting from the night of the fast. One may however according to all have the Chuppah take place during the day and arrange the music and dancing for the night.[313] P May one recite Shehechiyanu on a fast day? In general, it is permitted to recite the blessing of Shehechiyanu on a fast day.[314]

9. Making a Bris Milah on Tzom Gedalia:[315]

The Baal Bris [father of the child, Mohel and Sandak[316]] 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:[317] 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[318]] 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[319]]. [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.[320] Nevertheless, despite the above ruling, some Poskim[321] 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.[322] However most communities are lenient in this matter as is the plain ruling in Shulchan Aruch.[323]]

Q&A Who is considered a Baal Bris?[324] 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[325] 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[326] however are lenient in this matter.

10. Pidyon Haben:[327]

If a Pidyon Haben is set to take place on a fast day the father and Kohen must nevertheless fast until night as usual, and 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.[328] Nevertheless the meal is to take place only after the fast.[329]

If the Pidyon Haben is taking place after the 31st day on a Taanis Nidche may the Baal Bris still eat after Mincha?[330] No.

____________________________________________________________________________

[1] 602:1; 549:1; Rama 602:1

[2] Leniencies practiced on Tzom Gedalia: Various sources record leniencies regarding the fast of Gedalia. See Otzer Minhagei Chabad p. 164 that there are many leniencies associated with Tzom Gedalia that came from the desk of the Rebbe Rashab and Rebbe Rayatz. See various sources from Rebbe’s of Poland in Otzer ibid that stated leniencies regarding this fast.  

[3] 549:1

[4] Rambam Taanis 5:4; See Kaf Hachaim 549:1

[5] R”H 18b; Rambam Taanis 5:2; See Kaf Hachaim 549:4; M”B 549:2

[6] Rama 550:4

Background: The Michaber ibid rules that the Shabbos prior to a fast the Chazan should announce the coming fast, with exception to the fasts of Yom Kippur, Tishe Beav and the fast of Esther. The Rama writes that the Ashkenazi custom is to not announce any fast.

[7] See Taz 549; Kaf Hachaim 549:5

[8] Rabbeinu Yerucham brought in Taz 549:1; Beis Yosef 549:1; Radak; Elya Raba 549 in name of Rosh Yosef, brought in Shaareiy Teshuvah 549:1; Kaf Hachaim ibid

[9] Rambam Taanis 5:4; M”A 549:1; Kaf Hachaim 449:2

[10] Shlah p. 200b; Elya Raba 568:18; Kaf Hachaim 550:11; M”B 568:50

[11] Yesod Veshoresh Havoda 11

[12] Seder Hayom Inyanei 17 BeTammuz

[13] Michaber 564:1 “By all fast days in which one eats at night, whether public or private, one may eat and drink up until Alos Hashachar.”; Braisa Taanis 12; See Michaber 550:2 “One is not required to start fasting Mibiod Yom”

[14] Rashal Pesachim 2a; Minchas Kohen 2:6; M”A 89:2; Levush 261 and 459; Admur in 89:1, 184:3, and 261:5; Derech Hachaim; M”B 89 in Biur Halacha “Veim”; 58 Biur Halacha “Kemo”; and chapters: 92; 163; 235; 261; 459; This opinion is based on the calculation that there are 18 minutes per Mil [as rules Terumos Hadeshen 123; Michaber 459:2; Yoreh Deah 69:6; Rama 261:1; Admur in 89:1, 184:3, and 261:5] and there are 4 Mil between Alos and Neitz [as rules Rebbe Yehuda in Pesachim 94a] Accordingly there are 72 minutes before Alos, as 18 x 4=72.

[15] Gr”a 459; Chok Yaakov 459:10; Chasam Sofer in glosses 89] This opinion is based on the calculation that there are 22.5 minutes per Mil [as rules Mahril in Hilchos Pesach] and there are 4 Mil between Alos and Neitz [as rules Rebbe Yehuda in Pesachim 94a] Accordingly there are 90 minutes before Alos, as 22.5 x 4=72.

[16] Ruling of Admur in accordance to Harav Hagaon Avraham Chaim Naah printed in Shiureiy Mikveh 37; Yagdil Torah Tzemach Tzedek 23 p. 23 [see there for a full organized summary on the subject]; See Shiureiy Tziyon 37; Yagdil Torah Tzemach Tzedek 23 p. 23; Siddur Raskin p. 625 and Miluim 27 [summary of opinions according to Admur]; Rav Sangwai in Habracha 5:162 [defends and proofs the opinion of Gra”ch Naah in Admur and that so learned the Rebbe to be the opinion of Admur]; Piskeiy Teshuvos 89:2

Rulings of Admur: Admur wrote different calculations regarding Alos Hashachar throughout the Shulchan Aruch, Siddur and Tanya. This created confusion as to Admur’s opinion as to the time of Alos Hashachar. From 89:1, 184:3, and 261:5 it is calculated that Alos Hashachar is 72 minutes before sunrise, or possibly 96 minutes. In 249:3, 459:10 and the Siddur [Seder Hachnasas Shabbos] it can be calculated that Alos Hashachar is 96 minutes or 120 minutes before sunrise. From the time of Alos mentioned in the Siddur regarding Sefiras Haomer it is possible to calculate it as 72 or 120 minutes. In Igeres Hateshuva 3 Admur extends the time of starting a fast to three hours before sunrise. The following are the opinions of Chabad Rabbanim in this matter:

Opinion of Admur according to the Gra”ch Naah-Two fluctuating hours: Rav Avraham Chaim Naah ruled that according to Admur, Alos Hashachar begins two fluctuating hours prior to sunrise. [Shiureiy Tziyon 37; Yagdil Torah Tzemach Tzedek 23 p. 23] The calculation is as follows: There are 5 Mil between Alos and Neitz [as rules Ula in Pesachim 93b]. Each Mil is 24 minutes [as rules Rambam in Pirush Hamishnayos Pesachim 3:2]. Thus 24 minutes per Mil x 5 Mil between Alos and Neitz equals 120 minutes. [This follows the ruling of Admur in 249:3; 459:10 and Siddur and so rules regarding 24 minutes per Mil: Peri Chadash Y.D. 69:26; Kitzur SHU”A 36:11. However, in 89:1 and 261:5 Admur rules that there is only 4 Mil between Alos and sunrise, hence there is only 96 minutes between Alos and sunrise. As well, although in 459:10 Admur rules that the day begins from sunrise and ends by sunset, in 89:1 he rules that it begins from Alos until nightfall. Nevertheless, the final ruling of Admur follows the ruling of the Siddur in which Admur rules like in 459:10.]

Other opinions amongst Chabad Rabbanim: See article of Rav Raskin in Siddur Miluim 27, and Rav Sangwai in Habracha, for a summary of opinions of Chabad Rabbanim regarding the time of Alos Hashachar according to Admur. The opinions vary between 120 minutes, 72 minutes, 90 minutes and 96 minutes.

Opinion of three hours before sunrise: In Tanya, Igeres Hateshuva 3, Admur writes that one may eat up to three hours before sunrise, of a penitential fast. This implies that by a fast day one is to begin fasting even before Alos, when 1:3^rd of the night has entered. [See Igros Kodesh 18:557] It requires further analysis however if this applies to all fasts, or just a penitential fast. [Sefer Haminhagim p. 45] However, from Admur in Siddur by Sefiras Haomer, it is implied that one may eat on a fast day up until Alos. [Hiskashrus 424:18 footnote 113] Likewise, Rav Groner states that he heard clearly from the Rebbe that the three hours is only applicable by a penitential fast. [Hiskashrus] However in Sichos Kodesh 2:494 the Rebbe mentioned a scrupulousness to begin the fast some time before Alos Hashachar. Vetzaruch Iyun.

[17] Definition of fluctuating hours: This means that the hours fluctuate in the winter and summer. Some Poskim rule this means it fluctuates in terms of Zmaniyos, meaning that it depends on the amount of hours in the day. Thus in the summer, the hours will be longer [between 120-150 minutes for two hours] while in the winter they will be shorter [between 90-120 minutes for two hours]. [So rules Minchas Cohen 2:6; Rama 233; Peri Chadash 58] However the Alter Rebbe and Gr”a both rule that it follows not the amount of hours in the day but rather the degree of distance of the sun from the horizon. [Admur in Seder Hachnasas Shabbos; Gr”a in 261; See Shut Mahrshag 2:34 quoted in Piskeiy Teshuvos 89:2 footnote 59 that this is the way we rule.] Thus, those who hold that Alos is 72 minutes it ends up being in Tishrei and Nissan 16.1 degrees from the horizon and the amount of time it takes the sun to travel to the horizon fluctuates between winter and summer. [See Piskeiy Teshuvos 89:2] According to Admur however who holds of 120 minutes, this would be when the sun is 26 degrees below the horizon.

Other opinions: Some Poskim rule we always measure the hours as set hours and hence there will always be only 120:90:72 minutes between Alos and sunrise at all times. [Admur 89:1; Birkeiy Yosef 261:1; Peri Megadim 261 A”A 9; Derech Hachaim; Siddur Yaavetz; Machatzis Hashekel 235:3]

[18] See the previous footnote

[19] Shiureiy Tziyon ibid; It is important to note that there are Chabad Rabbanim who take a different approach in their understanding of the opinion of Admur, and each person is to follow his Rav. [See opinions of other Chabad Rabbanim in previous footnotes.] Those, who do not necessarily follow the rulings of Admur, should speak to his Rav for a final ruling regarding this matter, and which time, and calendar he should follow.

[20] https:::sites.google.com:site:zmanimadmorhazaken:israel

[21] Michaber 564:1

[22] Rama ibid; Tur ibid

[23] P”M 564 A”A 3

[24] Michaber ibid

[25] Rama 564:1; Tur 564; Mordechai; Hagahos Maimani; Hagahos Ashri

[26] The reason: As it is common to drink upon awakening in middle of the night, and hence it is considered as if one stipulated even if one did not explicitly do so. [Rama ibid]

[27] Beis Yosef 564 in implication of this opinion; Kaf Hachaim 564:8

Other opinions: Some Poskim rule that even according to this opinion, only water is allowed to be drunk. [Kol Bo in name of Rif]

[28] So learns M”B 564:6 in M”A 565:3 that even initially it is not required to stipulate if he is accustomed to drink

[29] M”A 564:3; Bach 564; Levush 564; Elya Raba 563:2; M”B 564:6; Kaf Hachaim 564:9

[30] Elya Raba 563:2; M”B 564:6; Shaar HaTziyon 564:7; Kaf Hachaim 564:10 in name of Shulchan Shlomo regarding if one is thirsty

[31] M”A 564:3; Elya Raba 563:2; Chayeh Adam 132:17; M”B ibid; Kaf Hachaim 564:9

[32] Kaf Hachaim 564:10

[33] Rama ibid; Tur ibid

[34] Taz 564:1; Beis Yosef 564; P”M 564 M”Z 1; Mamar Mordechai 564:1; M”B 564:2; Kaf Hachaim 564:5

Other opinions: See Beir Hagoleh ibid; Rabbeinu Yerucham

[35] Taz 564:1; Beis Yosef 564; P”M 564 M”Z 1; Mamar Mordechai 564:1; M”B 564:3; Kaf Hachaim 564:5

Other opinions: Some Poskim rule that it is only considered a set sleep if one slept on his bed. [Rabbeinu Yerucham, brought and negated in Taz ibid, Beis Yosef ibid]

[36] See M”B 564:3; Kaf Hachaim 564:2

[37] M”A 89:14 in name of Tov Haaretz, Rav Chaim Vital and Zohar 2:215; Beir Heiytiv 581:12 in name of Zohar and Kisvei Arizal; Chida in Machazik Bracha 581:5; Birkeiy Yosef 89:1 [Shiyurei Bracha] in name of Mekubbalim; Yosef Ometz 17:2; Mishnas Chassidim Chatzos 7; Or Hachama Zohar ibid;  Nitzutzei Oros Zohar ibid; Kaf Hachaim 581:69; 89:28-31]

The reason: As one who eats food past midnight after awakening adds vitality to the Kelipos. [Rebbe ibid] It is however not prohibited due to the prohibition of eating prior to prayer, as this prohibition only begins from Alos. [89:5; Rebbe ibid]

Other Poskim: Some rule that even according to Kabala there is no need to refrain from eating prior to Alos. [Heishiv Moshe 6 based on Siddur Arizal of Rav Shabsi of Rashkov that Rav Chaim Vital ate before Alos; Maharil and Rama ibid]

Opinion of Shulchan Aruch Harav: In Igeres Hateshuvah chapter 3 Admur writes that one may eat prior to three hours before sunrise on a fast day. The Rebbe in Igros Hakodesh 3:75 writes that this ruling only was said regarding when the prohibition of eating prior to a fast begins and is not discussing the prohibition of the Zohar, which in certain cases is allowed. Nevertheless a proof can be brought from Admur 89:5, which omits this law of the M”A ibid brought from the Zohar, that Admur rules it is permitted.

[38] So is evident from M”A ibid; Beir Heiytiv ibid; and other Poskim; Igros Hakodesh 3:75

[39] Kaf Hachaim ibid

[40] Shvus Yaakov 3:41 defends the ruling of Rama; Some Poskim write that the current Ashkenazi custom is to only be lenient to allow to drink coffee or tea prior to Alos, although regarding eating food they are careful. [Shaareiy Teshuvah 581:12; M”B 581:21]

[41] See Igros Hakodesh 3:75 [brought in Shulchan Menachem 1:44] that so is the ruling of Admur. It is our custom to allow one to eat after Alos before Davening in order to have strength to Daven. Certainly then, one may be lenient to eat before Alos in order to have strength to Daven.

[42] P”M 89 A”A 14; Igros Hakodesh 3:75

[43] Ashel Avraham Butchach [Tinyana] 89; See there that he connects the prohibition of the Zohar to the prohibition of eating before Davening.

[44] Nitzutzei Oros Zohar ibid; A”A 89 in name of Shev Yaakov [brought in Igros Hakodesh ibid]

[45] Admur 89:5; Rama 581:2; M”B 89:27 in name of Derech Hachaim and Rav Akiva Eiger

[46] Piskeiy Teshuvos 564:1

[47] See Shevet Hakehasi 1:180; Piskeiy Teshuvos 564:2

[48] Kaf Hachaim 550:11; See Piskeiy Teshuvos 564:1

[49] Kitzur Shlah; Nehar Shalom 550:2; Elya Raba 563:1; Bigdei Yesha 564

[50] Seder Hayom Inyanei Bein Hametzarim; See Piskeiy Teshuvos 550:8; 564:1

[51] Michaber 562:1; See Piskeiy Teshuvos 562:1

[52] Michaber 562:1; Rosh; Rav Chisda in Taanis 12 “Whoever did not fast until sunset is not considered to have fasted.” Igros Moshe 4:10 rules that in New York one is to wait until 50 minutes after sunset, and at the very least wait 41 minutes.

Other opinions: Some Poskim rule it one is only required to fast until the start of Bein Hashmashos. [Sefas Emes Taanis 12; Aruch Hashulchan 562:9 based on Rambam, Rashi, Ran] This however is in reference to Zman Rabbienu Tam, and not to the Zman of the Geonim. [Biur Halacha Tinyana 562; Piskeiy Teshuvos 562:1]

[53] Rama ibid; Hagahos Ashri; Hagahos Maimanis

[54] M”A 562:1 as corrected by Machatzis Hashekel ibid; Levushei Serud ibid; P”M 562 A”A 2

[55] Luach Eretz Yisrael of Harav Tukichinsky

[56] Sefer Birur Halacha, brought in Piskeiy Teshuvos 562:1

[57] See Ketzos Hashulchan 93 footnote 2; Shiureiy Tziyon of Grach Naah p. 76

[58] Igros Moshe 4:62; See Rebbe in Igros Kodesh 17:124 [printed in Shaareiy Halacha Uminhag 155 and Shulchan Menachem 2:123]

[59] Heard from Rabbi Leibal Groner; See Hiskashrus 370:19; Rav Raskin in Siddur p. 230

[60] Mateh Efraim 602:29; Igros Moshe ibid; Piskeiy Teshuvos 562:1 footnote 2; Rabbi Groner that so was directive of Rebbe to ask Rav Shmuel Levitan one year on a fast day to Daven before the time of nightfall and announce to everyone to say Shema again after nightfall; See Hiskashrus 1198

[61] 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

The reason: As there is no precedence in Poskim to allow one to break one’s fast based on the area that he started his fast, and hence since the law states that the fast does not end until Tzeis Hakochavim, one may break the fast when it reaches Tzeis Hakochavim in his area, whetehr this is earlier, or later, than his original location. [Igros Moshe ibid]

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

[63] The reason: A the Sages never decreed for one to fast more than the normal hours, and hence one may break his fast as soon as the fast is over in his original location. [ibid]

[64] See Piskeiy Teshuvos 562:2

[65] Nachal Eshkol Tisha B’av

[66] Daas Torah 549; Shevet Halevi 7:76

[67] Betzeil Hachochma 1:31

^[68] 550:1

[69] Michaber ibid; Tur ibid; Ramban in Toras Hadam

[70] Some Chassidishe Sefarim record that all women today who are of child rearing age are not to fast the four fasts, other than Tisha B’av and Yom Kippur. [See Tzevi Tiferes of Munktach 48 in name of Shinover Rav, as a tradition of Tzadikim of previous generations; Derech Tzadikim 5:44; Piskei Teshuva Divrei Chachamim 8 in name of Kotzker; Piskeiy Teshuvos 550:1 footnote 5] Practically, however, the widespread custom is not to be lenient, and so is the custom in Lubavitch.

[71] Rosh Hashanah 18, brought in Machatzios Hashekel 550:1

[72] M”A 550:1

[73] Beis Yosef 550; Maggid Mishneh Taanis 5; Rishonim and Poskim brought in Machatzios Hashekel 550:1

^[74] Michaber 554:6 regarding Tishe Be’av; Rama 686:2 [regarding Taanis Esther]; Chayeh Adam 133:6; M”B 550:4; Kaf Hachaim 550:7

[75] M”B ibid; Kaf Hachaim ibid

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

[77] Chayeh Adam 133:6; M”B 550:4; See Q&A for definition of sick

[78] See Rama 686:2; M”B 686:5; Shaareiy Tziyon 586:11; Kaf Hachaim 686:22

[79] Ruach Chaim 550:1; Kaf Hachaim 550:6; However, without a direct medical directive he is not to be lenient. [ibid]

[80] See Rama 686:2; M”B 686:5; Shaareiy Tziyon 586:11; Kaf Hachaim 686:22

[81] Ashel Avraham Tinyana 550; Igros Moshe 4:114

[82] 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.

[83] 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

[84] M”A 668:4 brought in M”B 686:6

[85] 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

[86] So rules regarding even Tisha B’av Nidche: Shvus Yaakov 3:37; Hagahos Rav Akiva Eiger 559:9; Nitei Gavriel 5:9

[87] Kaf Hachaim 550:6 in name of Ruach Chaim 550:1

[88] The reason: As they are no different than a pregnant or nursing woman who is exempt from fasting. [Kaf Hachaim ibid]

[89] Beir Heiytiv 567:7 in name of Dvar Shmuel; Halachos Ketanos 97; Kaf Hachaim 554:34 in name of Kesonos Yosef 4; Ikarei Hadaat 29:36; Tosefes Chaim on Chayeh Adam 1:135-8; Pischei Olam 554:6; Piskeiy Teshuvos 554:7; 567:3; 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

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

[91] Rama 550:1

[92] See Q&A regarding from which month this begins

[93] Some Poskim rule that all women within 24 months after birth [child is less than 2 years old] are defined as nursing women, even if they are not actually nursing anymore. [Daas Torah 550; Ashel Avraham Tinyana 550:1; Alef Hamagen 3; Piskeiy Teshuvos 550:1; See Nitei Gavriel Bein Hametzarim 5:1 footnote 1] See however Nitei Gavriel ibid for Rabbanim who disagree with this ruling.

[94] Michaber 554:5; Rama ibid; Hagahos Maimanis; Maggid Mishneh Taanis 5

The reason: As it is greatly painful for them to fast. [Rama ibid] See P”M 550 A”A 2 that ideally, they are obligated to fast all four fasts, and it is only today that the fasts are due to a custom [as explained above that in times of peace it is not obligatory] that pregnant and nursing woman don’t have to fast, as they never accepted upon themselves this custom.

[95] Rama ibid; Siddur Yaavetz

[96] Rama ibid; M”A 550:2 that there is no prohibition for them to fast on a Taanis Tzibur Kavua being that everyone accepted the fast upon themselves, although by a Taanis for Geshamim its forbidden for them to fast, as rules Rama 575:5

[97] M”B 550:5

[98] Rama ibid; See Rama 575:5 that it is forbidden for them to fast; See M”A 550:2; Seemingly, if they do not feel well, it is forbidden for them to fast even a Taanis Tzibur Kavua, as it is detrimental for the child. However, see P”M 550 A”A 2 in explanation of M”A ibid, who implies even if they are in great pain, they may be stringent to fast. Vetzaruch Iyun.

[99] M”B 686:5; Kaf Hachaim 686:22 regarding Taanis Esther and the same would apply regarding the four fasts; See however M”B ibid in name of the Bach.

[100] See Makor Chaim of Chavos Yair 550 “No need to be stringent at all”; Siddur Yaavetz “They are exempt even if they are not feeling pain, and if they want they could be stringent”; Orchos Chaim of Spinka 550:4, in name of Yifei Lalev, in name of Bashamayim Rosh 91, and Teshuva Meahava that they are weak and have pain; Ashel Avraham Butchach 686 Mahadurah Tinyana; Hisorerus Teshuvah 1:6; Divreiy Yatziv 2:291; Piskeiy Teshuvos 550:1; 686:3 that so is the ruling of today’s Rabbanim.

[101] M”B 686:5; Kaf Hachaim 686:22 regarding Taanis Esther and the same would apply regarding the four fasts; See however M”B ibid in name of the Bach.

[102] See M”B 686:4; Kaf Hachaim 686:19

Other opinions: Some Poskim rule a Yoledes is accustomed to fast once she is after seven days from birth, even by the regular fasts. [Bach 554 brought in M”A 554:9]

[103] Michaber 554:5; Ashel Avraham 686 Mahadurah Tinyana; Chayeh Adam 133:6; M”B 550:5; Kaf Hachaim 550:7

[104] The reason: This is done in order to participate in the day of oppression followed by the community. [Ashel Avraham 686 Mahadurah Tinyana]

[105] M”B 550:5; See Seder Hayom Inyanei Bein Hametzarim; Piskeiy Teshuvos 5508

[106] M”B 550:3; Kaf Hachaim 550:5; Mor Uketzia 550; Piskeiy Teshuvos 550:1; Nitei Gavriel Bein Hametzarim 5

Background:

The M”B ibid rules that seemingly she is considered pregnant starting from the 4^th month and onwards, however possibly she is considered pregnant even starting from the 41^st day if she feels pain. However, if she is pregnant for less than 40 days she is considered like any other woman that must fast unless she is in great pain. He then concludes that if she feels weakness she is not to be stringent at all. The Kaf Hachaim ibid however writes this ruling a little differently: He writes that if she is in great pain she may be lenient from the 41^st day, however prior to 40 days she must fast even if she is in great pain. 

[107] See Background!

[108] Yechaveh Daas, brought in Piskeiy Teshuvos 550:1; There he brings that they are exempt from fasting for a full 24 months after the miscarriage just like a woman who gave birth.

[109] Daas Torah 550 based on Y.D. 189; Kneses Yechezkal 71:30; Ashel Avraham Tinyana 550:1; Alef Hamagen 3; Piskeiy Teshuvos 550:1; See Nitei Gavriel Bein Hametzarim 5:1 footnote 1]

[110] See Nitei Gavriel ibid for Rabbanim who disagree with this ruling; Rav Yaakov Yosef in name of Rav Bentzion Aba Shaul negated the above opinions

[111] Avnei Nezer 540; Orchos Chaim 550:3 in name of Shut Ramatz; See Piskeiy Teshuvos 550:1-2 and footnote 2

[112] Admur 616:9

[113] 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]

[114] 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

[115] 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

[116] 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]

[117] 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

^[118]  Both boys and girls.

^[119]  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]

[120] Admur 616:10 regarding even Yom Kippur

[121] 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

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

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

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

[125] See Piskeiy Teshuvos 550:4

[126] Avnei Nezer 426; Kinyan Torah 3:71; 460

[127] The reason: As the fast is merely a Tashlumin for Shabbos, and on Shabbos they were still children and not yet obligated. [Poskim ibid]

[128] Maharsham 3:363; Divrei Malkiel 5:130; Tzafnas Paneiach 44; Shevet Halevi 4:72; 6:70-71; Lehoros Nasan 5:36; Beir Moshe 8:20-21; Even Yisrael 7:26;

[129] The reason: As the fast is not Tashlumin [See Rashba 1:520] and even if it is Tashlumin, the child was only exempt due to weakness, and was not truly exempt on Shabbos. [Maharsham ibid]

[130] Shearim Hametzuyanim Behalacha 124:7; Tzitz Eliezer 9:27; Piskeiy Teshuvos ibid

[131] 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]

[132] Divrei Malkiel ibid

[133] 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]

[134] 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]

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

[136] Tzemach Tzedek O.C. 108:110; Divrei Nechmia 42; Sefer Haminhagim p. 92 [English] regarding all four fasts and in footnote 342 even regarding Taanis Esther; Halachos Ketanos 2:100; Mahrahm Shick 289; Shaiy Lamorah 4; Marcheshes 1:14; Biur Halacha 554 “Bemakom” in name of Pischeiy Olam

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

[138] Shevet Halevi 4:56; Kinyan Torah 1:118; Tzitzi 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

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]

[139] Ritva Taanis; Peri Hadamah 4:41; M”A 550:5; Kesones Yosef 5; Beis Yehuda 31; Birkeiy Yosef 549:2; Kaf Hachaim 549:9

The reason: As the mourning of the public differs the Holiday of an individual. [Ritva ibid]

Other Poskim: Some Poskim are lenient in this matter and rule a Chasan is not required to fast, as his Yom Tov is greater than the Yom Tov of Mila and hence pushes off Aveilus. [Beis David 476 brought in Kaf Hachaim ibid]

[140] M”A 559:11 in name of Kneses Hagedola; brought in Shaareiy Tziyon 559:34

[141] Shaareiy Tziyon 559:34 in name of Beis Yehuda brought in Pischeiy Teshuvah

[142] Ashel Avraham 686 Mahadurah Tinyana

[143] See Sdei Chemed Mareches Yom Kippur 1:10 for an full analysis on this subject; Viheishiv Moshe 16 writes that this is dependent on the dispute between the Ridbaz and Chacham Tzvi brought in Beir Heiytiv 90:11 regarding a prisoner who has ability to Daven today with a Minyan or to choose to Daven on R”H with a Minyan.

[144] Lehoros Nasan 8:34

[145] Halachos Ketanos 1:290; Ohel Moshe ibid; Beir Moshe 8:34 that the world is accustomed to be lenient; Piskeiy Teshuvos 603:1

[146] Beir Moshe 8:34

[147] Piskeiy Teshuvos 549:1

[148] Admur 611:9; Rama 612:10

Other opinions: Some Poskim rule it is forbidden to touch food unnecessarily during a fast day, lest one come to eat the food. [P”M 612 M”Z 10 based on Taz 612:8 and M”A 612:6; Kaf Hachaim 612:56]

[149] The reason: As since one refrains from eating any food that entire day, he will not come to accidently eat the food that he touches, unlike the law of Chametz on Pesach. [Admur ibid]

Making food: The above law in 611:9 is regarding touching food, however in 611:7 and 9 Admur rules regarding Yom Kippur that one may not make food lest he come to eat it. Vetzaruch Iyun if this stringency applies during the four fasts, as learns the P”M ibid. Practically the custom is to be lenient. 

[150] See Kaf Hachaim 549:6-7; 568:7; Piskeiy Teshuvos 568:3

[151] Michaber 568:1; Rif Taanis in name of Yerushalmi; Kaf Hachaim 549:6

[152] However, by a private fast day, the fast is lost once he eats a Kezayis of food [Michaber ibid] or a Revius of drink. [Birkeiy Yosef 568; Shaareiy Teshuvah 568:2]

[153] P”M 568 A”A 4; M”B 568:2; Kaf Hachaim 568:6

[154] M”A 568:4; Kaf Hachaim 549:7 and 568:7

[155] However, by a private fast day, the fast is lost once he eats a Kezayis of food [Michaber ibid] or a Revius of drink [Birkeiy Yosef 568; Shaareiy Teshuvah 568:2] and he is thus required to make up the fast another day. [Michaber ibid]

[156] M”A ibid; Terumos Hadeshen 156; P”M 568 A”A 4; Mamar Mordechai 568:4; Shulchan Gavoa 549:3; M”B 568:8; Kaf Hachaim ibid that so is main ruling and implication of Rama

[157] Drashos Mahril Taanis; M”A ibid and Darkei Moshe 568 “One time, an individual accidently ate on the 10^th of Teves and the Maharil directed him to fast Bahab.” Shiyurei Kneses Hagedola 549:2; Levushei Serud 549; See however Kaf Hachaim ibid in name of Poskim that perhaps this refers to a case that one did not fast at all that day; See however Kitzur SHU”A 127:16 who implies even if he did fast the rest of the day he is to fast Bahab; See Kaf Hachaim ibid and Poskim there that implies according to Maharil one is required to make up the fast with these three fasts. See however M”B ibid who clearly learns even the Maharil said so only as atonement.

[158] See Kaf Hachaim ibid; Piskeiy Teshuvos ibid

[159] See Piskeiy Teshuvos 565:1

[160] M”B 568:3 in name of Nehar Shalom; Shevet Halevi 8:131; See M”B 568:3 in name of Nehar Shalom; Shevet Halevi 8:131

[161] Zera Emes 3:62; Yalkut Yosef Moadim p. 535

[162] Piskeiy Teshuvos ibid

[163] See Piskeiy Teshuvos 565:1

[164] Chasam Sofer 157; Aruch Hashulchan 566:11; Minchas Elazar 2:74

[165] See Michaber 566:6; Tzemach Tzedek Shaar Hamiluim 1:20; Zera Emes 3:62; Yalkut Yosef Moadim p. 535

[166] Piskeiy Teshuvos 568:1 footnote 3

[167] See Sdei Chemed Mareches Basar Bechalav 12; Michtav Lechizkiyahu 5; Piskeiy Teshuvos 568:2

[168] Birkeiy Yosef 568:1 in name of Nechpa Bakesef O.C. 6, brought in Shaareiy Teshuvah 568:1, regarding a Taanis Yachid; Halachos Ketanos 252; Yabia Omer Y.D. 2:5 that the same applies by a Taanis Tizbur

[169] Birkeiy Yosef 568:1in name of Admas Kodesh 1:13; Erech Hashulchan 568:2; Shaareiy Teshuvah 568:1 regarding Taanis Tzibur; Likkutei Mateh Yehuda; Zechor Leavraham Taf; Kaf Hachaim 568:16; Daas Torah 568; Shevet Hasofer 25

[170] Other customs: The vintage Chabad custom was not to recite either Selichos or Avinu Malkeinu on the day of a fast. [Igros Kodesh Rebbe Rashab 1:18] So was also the custom of the Gr”a. [Maaseh Rav 49] The Rebbe Rashab once motioned to the Chazzan to not say Selichos or Avinu Malkeinu on a fast day stating that he knows from reliable testimony that the Alter Rebbe did not say it. [Reshimos Devarim 2:98; Otzer ibid]

[171] It is recited prior to the prayer of Avinu Malkeinu in Tachanun.

[172] See Otzer Minhagei Chabad p. 163 that the Rebbe did not receive a directive if the Selichos are to be said in middle of Davening or prior to Davening. Practically, however, the Rebbe recited it during Davening and so is the Chabad custom today. This however is in reference to Tzom Gedalia, which falls during the ten days of repentance, of which the worldly custom is to recite Selichos before Davening, and hence the novelty of our custom is to recite it within Davening. However, regarding Selichos of a regular fast day, everyone recites it within Davening and not beforehand. The original custom of Ashkenazi Jewry was to recite Selichos within Chazaras Hashatz by Selach Lanu. [First opinion in Michaber 566:4; Mahril; Minhagim 96; Siddur Yaavetz] However, the custom of Sefaradic Jewry, and so is the widespread custom today even amongst Ashkenazim, is to recite Selichos after Shemoneh Esrei. [Michaber ibid; P”M 566 M”Z 6; Aruch Hashulchan 566:8 that so is the custom; M”B 566:17[

[173] Kitzur Shlah Miseches R”H “It is proper to stand while saying Selichos, and one who is unable to stand is at the very least to stand while reciting Keil Melech Rachamim and Vayavor and the 13 Middos”

[174] Sefer Haminhagim p. 53 based on Arizal in Peri Eitz Chaim 51; Peri Eitz Chaim 5:8; So rules also Ashel Avraham Butchach; Gr”a in Maaseh Rav; Kaf Hachaim 602:13; See Otzer Minhagei Chabad R”H 66

[175] The reason: As we have already recited Ashamnu within Tachanun and we do not recite Viduiy twice within one prayer, as one who says Viduiy more than one time in a row is like an animal that is returning to sin. [Arizal ibid, brought in Kaf Hachaim 602:13]

[176] Admur Kama 1:9

[177] Birkeiy Yosef 581:5; Kaf Hachaim 581:6

[178] Birkeiy Yosef 581:4; Shaareiy Teshuvah 581:1; Zechor Leavraham 131:6; Beis Oved 131:2; Chesed Lealafim 131:9; Kaf Hachaim 131:21 and 581:5

[179] Ben Ish Chaiy Ki Sisa 4

[180] Pirkei Direbbe Eliezer 46; Piskeiy Teshuvos 131:9

[181] Ben Ish Chaiy ibid [doing so helps for concentration]

[182] Ben Ish Chaiy ibid

[183] M”A 565:5 in name of Darkei Moshe and Abudarham; Kaf Hachaim 131:20

[184] Kaf Hachaim 131:20; Shalmei Tzibur p. 149; Kaf Hachaim [Falagi] 131:13

[185] Michaber 565:5; Mateh Efraim 581:21; Kaf Hachaim 565:26 [this applies even during the Aseres Yimei Teshuvah].

[186] Bach; M”A 565:6; Gr”a; M”B 565:13; Elya Raba; Birkeiy Yosef 131:11; Kesher Gudal 19:10; Shalmei Tzibur 149; Zechor Leavraham 131:6 Kaf Hachaim 131:25; Yalkut Yosef Moadim 13 footnote 17; Mateh Efraim 581:21 and Chesed Lealafim 131:9 and Kitzur SHU”A 128:9 rule it may be said although one must skip “Uzechor Hayom Bris..”.

Other Opinions: Some Poskim rule one may not recite Selichos without a Minyan. [Rama 565:5; Taz 565:5]

Background:

The Rama 565:5 rules [in name of Or Zarua] that a Yachid may not say Selichos. The Taz 565:5 explains it is forbidden because one mentions in Selichos “Uzechor Hayom Bris Shlosh Esrei” which is forbidden to be said without a Minyan, just like the 13 attributes themselves. The Bach [brought in Taz ibid and M”A 565:6] however argues that Selichos may be recited, and so rules M”A 565:6 saying the intent of the Or Zarua and Rama was to negate saying Selichos in middle of Shemoneh Esrei. [See Gr”a; Shaareiy Tziyon 565:10] Practically, Mateh Efraim 581:21 brings not to say “Uzechor Hayom Bris..” as rules Taz ibid. So also rules Chesed Lealafim 131:9 and Kitzur SHU”A 128:9. However the M”B 565:13 sides like the M”A ibid that one recites Selichos as usual, omitting the actual 13 attributes. So rules also Elya Raba; Birkeiy Yosef 131:11; Kesher Gudal 19:10; Shalmei Tzibur 149; Zechor Leavraham 131:6 [brought in Kaf Hachaim 131:25]; Yalkut Yosef Moadim 13 footnote 17 that so is the custom.

[187] Michaber 565:5; Mateh Efraim 581:21; Kaf Hachaim 565:26 [this applies even during the Aseres Yimei Teshuvah].

[188] Rama 565:5; Kitzur Shlah Miseches Taanis

[189] Kitzur Shlah Miseches Taanis “One needs to tell the masses that should not say Keil Melech Yosheiv and Vayaavor”

[190] Sefer Hatanya 72; Elya Raba 581:9; Kaf Hachaim 581:26; Mateh Efraim 581:21; M”B 581:4

The reason: The reason for omitting the Aramaic parts is because the angels do not understand Aramaic and will hence be unable to elevate these prayers. [see Admur 101:5] The Kaf Hachaim ibid questions this ruling as why do we need the angels to understand our prayers. The prayers can be said directly to Hashem. Likewise, this matter of omitting Aramaic when reciting Selichos in private is not brought in any other Poskim.

[191] Bach; M”A 565:6; Gr”a; M”B 565:13; Elya Raba; Birkeiy Yosef 131:11; Kesher Gudal 19:10; Shalmei Tzibur 149; Zechor Leavraham 131:6 Kaf Hachaim 131:25; Yalkut Yosef Moadim 13 footnote 17

Other opinions: Some Poskim rule one is to omit the words “Uzechor Hayom Bris Shlosh Esrei” upon saying Selichos without a Minyan. [Taz 565:5; Mateh Efraim 581:21; Chesed Lealafim 131:9 and Kitzur SHU”A 128:9 ]

[192] Mentioned in: Mateh Moshe 221 [prior to Kerias Hatorah]; Abudarham Seder Shacharis Shel Chol [as part of Monday and Thursday Tachanun]; Kol Bo 13 Midos Utechinos [As continuation of Tachanun]; Peri Eitz Chaim Shaar Kerias Sefer Torah 5 [As continuation of Tachanun]; Maharil “Bein Pesach Leshavuos”; Levush, brought in Kaf Hachaim 683:7, and P”M 683 M”Z 1 [said on Monday and Thursday]; Shaar Hakolel 11:14

The reason: It is said prior to Kerias Hatorah as it asks forgiveness for having transgressed what we are to read in the Torah. [Mateh Moshe ibid] Others write the purpose of this prayer is to serve as a replacement for the long prayer of Vehu Rachum that is recited on Mondays and Thursday’s for those that come late to Shul. It thus has no relevance on days that the long Vehu Rachum is not recited. [Otzer Dinim ibid]

[193] Custom of Maharil and Rebbe Meir Shatz brought in Maharil “Between Pesach and Shavuos” p. 21; Implication of Arizal in Peri Eitz Chaim ibid and Mateh Moshe that it is recited “before Kerias Hatorah”

[194] Abudarham, brought in Likkutei Maharich 3:49

[195] Likkutei Maharich ibid; Otzer Dinim Uminhagim p. 16; Rav Asher Lemel Hakohen; Implication of Abudarham ibid which lists this prayer as part of the Tachanun of Mondays and Thursdays; Implication of Levush, brought in Kaf Hachaim 683:7, and of P”M 683 M”Z 1 that it is only said on a Monday and Thursday. [They state that during Chanukah this prayer is not said on Monday’s and Thursdays, hence clearly implying that it is never said on any other weekday irrelevent of Kerias Hatorah] 

The reason: As the purpose of this prayer is to serve as a replacement for the long prayer of Vehu Rachum that is recited on Mondays and Thursday’s for those that come late to Shul. It thus has no relevance on days that the long Vehu Rachum is not recited. [Otzer Dinim ibid]

[196] Likkutei Maharich ibid

[197] Michaber 566:6; Tzemach Tzedek Shaar Hamiluim 1:20

Other Poskim: Some Poskim rule that one may receive an Aliyah even if he is not fasting. [Chasam Sofer 157; Aruch Hashulchan 566:11; Minchas Elazar 2:74]

[198] M”B 566:19

[199] M”B 566:21

[200] See Piskeiy Teshuvos 565:1

[201] Chasam Sofer 157; Aruch Hashulchan 566:11; Minchas Elazar 2:74; See M”B 568:3 in name of Nehar Shalom; Shevet Halevi 8:131

[202] See Michaber 566:6; Tzemach Tzedek Shaar Hamiluim 1:20; Zera Emes 3:62; Yalkut Yosef Moadim p. 535

[203] Piskeiy Teshuvos 568:1 footnote 3

[204] Shaareiy Efraim 8:107; Daas Torah 566

[205] Rama 565:3

[206] Michaber 565:1

[207] Rama 565:1; It is not said as a separate blessing and rather as soon as one reaches the words Lechol Eis Tzara Vetzuka he then continues back with the words Ki Ata Shomeia Tefilas… [Rama ibid]

[208] Rama 565:3 

The reason: As it is possible that one may have to break his fast due to a medical emergency, and he will hence have ended up lying within his prayer of “the day of our fast”. [Michaber 565:3]

Other Opinions: The Michaber ibid rules that by the four fasts every fasting individual is to recite Aneinu within his private Shemoneh Esrei [by Shomeia Tefila]. This applies even by the Maariv Shemoneh Esrei recited the night before the start of the fast in the morning. [M”B 565:9 in name of Gr”a]

[209] Rama 565:3

[210] Michaber 566:1

[211] As rules Rama 655:3

[212] Michaber 565:1

[213] Michaber 565:2

[214] Michaber 565:2

[215] Kaf Hachaim 565:12; Piskeiy Teshuvos 565:2; Hiskashrus 1025

[216] Levush; M”B 565:7; Kaf Hachaim 565:12; Bedieved one may say it even after Yehiyu Leratzon. [Shaareiy Tziyon 565:6]

[217] M”A 565:2; M”B 565:6; Kaf Hachaim 565:3

[218] Mahril 12; Taz 565:2; Kaf Hachaim 565:13

[219] Admur 119:5

[220] Michaber 565:2; Kaf Hachaim 565:10

[221] As one is required to go back to say Aneinu if he will not be required to repeat the blessing of Rifaeinu. [Admur ibid]

[222] As if he were to go back then he would be required to repeat the blessing of Rifaeinu and would hence cause his previous blessing of Rifaeinu to have been said in vain. One cannot say it after the blessing of Rifaeinu as the blessings in Shemoneh Esrei must be said in their proper order. [Admur ibid]

[223] Admur ibid

[224] Admur ibid based on M”A 119

The reason: This is not considered as if one is ending with two blessings being that the words of Shomeia Tefila can also refer to the prayers of the fast day. [ibid]

Other Opinions: Some Poskim rule one is not to recite the end blessing of Aneinu but is rather to stop before the blessing and then recite “Ki Ata Shomoeia Tefilas..” [M”B 119; Mateh Efraim 602:9]

[225] The reason: As the words of Shomeia Tefila can also refer to the prayers of the fast day. [Admur ibid]

[226] Piskeiy Teshuvos 565:2

[227] The reason: As since one has already completed the eighteen blessings of Shemoneh Esrei there is no problem of saying it out of order. [Admur ibid]

[228] Admur 119:6

[229] The reason: As if the blessings must be recited in the correct order otherwise the Shemoneh Esrei is invalid. [ibid]

[230] Ashel Avraham Butchach 565

[231] Piskeiy Teshuvos 565 footnote 12

[232] See Piskeiy Teshuvos 566:4 for a general overview of this topic.

[233] Michaber 566:3; Admur 119:5; Kitzur SHU”A 20:8

[234] M”B 566:14; Machazik Bracha brought in Shaareiy Teshuvah 566:3 writes 6 or 7

[235] Machazik Bracha ibid; Yeshuos Yaakov 566; Keren Ledavid 145; Kaf Hachaim 119:27 and 566:32 in name of many Poskim; Chelkas Yaakov 3:69; Igros Moshe 4:113; Minchas Yitzchak 1:65; Yechave Daas 1:79; Beir Moshe 8:93; Piskeiy Teshuvos 566:4

[236] Bach in name of Aguda; Meiri Megillah 2a; Orchos Chaim [Lunil]; Leket Yosher 114 in name of Terumos Hadeshen; Aruch Hashulchan 566:7; Mahrsham 2:97; Daas Torah 69; Sdei Chemed 1 Klalei Haposkim 13:7; Sefer Haminhagim [English] p. 26; Piskei Dinim 566; Shut Tzemach Tzedek Shaar Hamiluim 8, brought in Shaar Hakolel 9:17; Igros Kodesh 16:313; Luach Kolel Chabad; Hiskashrus 1024 footnote 16

Does this apply even if the other seven people in the Minyan ate more than the Shiur? In Sefer Haminhagim ibid and Shut Tzemach Tzedek ibid it states that the above allowance only applies if the other seven people did not eat more than the permitted Shiur of food which is allowed if one is sick and the like. However in Igros Kodesh ibid and the Rebbe’s edited edition of Luach Kolel Chabad this condition was omitted hence implying the condition is not necessary. [Hiskashrus ibid]

[237] Sefer Haminhagim [English] p. 26; Piskei Dinim 566; Shut Tzemach Tzedek Shaar Hamiluim 8, brought in Shaar Hakolel 9:17; Igros Kodesh 16:313; Luach Kolel Chabad; Hiskashrus 1024 footnote 16

[238] Conclusion of Piskeiy Teshuvos ibid based on the third opinion here.

[239] See Kaf Hachaim 566:28 for a dispute in this matter. He concludes that by a Taanis Tzibur of the fasts of scripture seemingly all agree the Chazan may say it in Shomeia Tefila. So rules also M”B 566:13; Hiskashrus 1025. However see Admur 119:5 that implies the Chazan is not to say it at all if there are not enough people in the Shul that are fasting. Vetzaruch Iyun.

[240] See Piskeiy Teshuvos 566:4 for a general overview of this topic.

[241] Bach in name of Aguda; Meiri Megillah 2a; Orchos Chaim [Lunil]; Leket Yosher 114 in name of Terumos Hadeshen; Aruch Hashulchan 566:7; Mahrsham 2:97; Daas Torah 69; Sdei Chemed 1 Klalei Haposkim 13:7; Sefer Haminhagim [English] p. 26; Piskei Dinim 566; Shut Tzemach Tzedek Shaar Hamiluim 8, brought in Shaar Hakolel 9:17; Igros Kodesh 16:313; Luach Kolel Chabad; Hiskashrus 1024 footnote 16;

Does this apply even if the other seven people in the Minyan ate more than the Shiur? In Sefer Haminhagim ibid and Shut Tzemach Tzedek ibid it states that the above allowance only applies if the other seven people did not eat more than the permitted Shiur of food which is allowed if one is sick and the like. However, in Igros Kodesh ibid and the Rebbe’s edited edition of Luach Kolel Chabad this condition was omitted hence implying the condition is not necessary. [Hiskashrus ibid]

[242] Sources in previous footnote

[243] See previous Q&A; The Chasam Sofer 157 rules that one may read the Torah even if there is no one fasting in the congregation.

[244] Zera Emes 86; Keren Ledavid 145; Chelkas Yaakov 3:69; Betzeil Hachochmah 1:2; Kinyan Torah :119; Piskeiy Teshuvos 566:4

[245] See Biur Halacha 565:1 “Bein”; M”B 568:3; Piskeiy Teshuvos 565:1

[246] Bach, brought in Elya Raba, Chayeh Adam and Biur Halacha ibid; See Taz 562:1 in name of Bach

[247] Mamar Mordechai; Biur Halacha ibid in his conclusion

[248] See Piskeiy Teshuvos 565:1

[249] M”B 568:3 in name of Nehar Shalom; Shevet Halevi 8:131

[250] Zera Emes 3:62; Yalkut Yosef Moadim p. 535

[251] Piskeiy Teshuvos ibid

[252] Shevet Halevi 8:131; Piskeiy Teshuvos 565:1

[253] Kaf Hachaim 565:2

[254] Kaf Hachaim 655:1

How many words are contained in the Nussach of Admur of Aneinu? There are 65 words contained within the Nussach of Aneinu of Admur in the Siddur. The Nussach Sefarad contains less than 63 words.

[255] Brought in Elya Raba 655:1

[256] The fast “tax” which consists of the money worth of meals saved by fasting. This money is given to charity.

[257] Siddur Tehilas Hashem; See Shaar Hakolel 29:4; Glosses of Rav Raskin on Siddur p. 320

[258] See Hiskashrus 451 p. 14 footnote 47 and 1046 p. 14; Glosses of Rav Raskin on Siddur p. 320

Background:

In the year 1988 by Taanis Esther the Rebbe began reciting Kaddish prior to the Sefer Torah entering the Heichal. However in 1989, by all the fast days [17^th Tamuz, Tzom Gedalia and 10^th of Teves] the Rebbe waited until the Sefer Torah was inside the Aron prior to beginning Kaddish. [Hiskashrus 1046 based on the videos of those years]. To also note that in many years that the Rebbe Davenend for the Amud the Rebbe waited until after Yehalelu, and the entrance of the Sefer Torah, to the Aron to begin Kaddish, even on Shabbos by Mincha! [Hiskashrus ibid; See also Hiskashrus 1056 that this was because of a greater interval that would be caused between the end of the Kaddish and Shemoneh Esrei, and is hence not to be followed in other Shul’s] Response of Rabbi Groner: “About the kaddish, being that we do not say kaddish soon after krias hatorah, and we always say kaddish before saying the shmonei esrei, the question is how can we say kaddish and it should apply to both situations. Shaar Hakollel says therefore to start saying the kaddish as the sefer Torah is being returned to the oren kodesh and complete the kaddish only after the sefer Torah was put in the oren kodesh, this way it is considered to apply to both. The Rebbe thought that it should maybe be said only after it is in the oren kodesh. The Rebbe himself would start that Kaddish as it is being carried to the oren kodesh. One time he waited till it was in the oren kodesh, but that was because the Rebbe said maftir and soon after he finished they started carrying the sefer torah, the Rebbe would not walk in front of the Torah only following, when he came to the Amud they had the Sefer Torah already in the Aron kodesh.”

[259] See background above.

[260] Michaber 129:1; 566:8; Admur 129:1-2

[261] M”B 129:8; 566:23; Kaf Hachaim 566:52; see Admur 129:2

[262] Rav Poalim 4:6; So is implied from ruling of Rama and Admur 129:2 regarding saying Elokeinu by Mincha of Yom Kippur; and so is implied from Magen Avraham 129:1, as explained in Levushei Serud, as he learns the Rama. So rules Luach Davar Beito, and so is implied from Siddur.

Other Poskim: Some Poskim rule that Elokeinu is not to be said whenever Nesias Kapayim is not allowed to be done. [See M”B 129:8; Piskeiy Teshuvos 129:1 and footnote 6 which rules that it is not to be said.]

[263] Implication of Michaber ibid; Admur ibid; Mishneh Berurah ibid which all write that the reason why Birchas Kohanim may be done on the Mincha of a fast day is because it is customarily prayed near sunset. This thus implies that if it were to be prayed much time before sunset then Birchas Kohanim may not be done. 

Other Poskim: The Chazon Ish [20] suggests that even when Davening Mincha early, such as by Mincha Gedolah, one may do Nesias Kapayim, although he concludes with leaving this matter in question. Based on this however, some Litvish communities have a custom to do Birchas Kohanim even when Davening early. [See Piskeiy Teshuvos 129:1; 566:8; Rav Poalim ibid]

[264] Kaf Hachaim 129:7; Hiskashrus 1024

[265] Luach Eretz Yisrael of Rav Tukichinsky; Piskeiy Teshuvos 566:8.

[266] Sheivet Halevi 8:23; Piskeiy Teshuvos 129:1

[267] Poskim ibid

[268] See P”M 566 A”A 11; Kaf Hachaim 566:52 that it may not be said if there are ten people that are not fasting. However see Poskim

[269] See Piskeiy Teshuvos 129:2; Dvar Yehoshua 3:75

[270] M”B 566:14; Machazik Bracha brought in Shaareiy Teshuvah 566:3 writes 6 or 7; Machazik Bracha ibid; Yeshuos Yaakov 566; Keren Ledavid 145; Sefer Haminhagim [English] p. 26; Piskei Dinim 566; Shut Tzemach Tzedek Shaar Hamiluim 8, brought in Shaar Hakolel 9:17; Igros Kodesh 16:313

[271] Kaf Hachaim 129:5 in name of Peri Chadash; Machazik Bracha 129:2; Piskeiy Teshuvos 129:2

[272] Admur 602:4; Michaber 131:5 regarding Mila “If there is a Mila on a Taanis Tzibur then they say Selichos and Viduiy although do not do Nefilas Apayim or say Vehu Rachum”; Rama 602:1 in name of Minhagim; Elya Raba 133:13; Mateh Efraim 602:12; M”B 133:27 in name of Elya Raba and Magen Giborim “The same applies for a Chasan”; Ketzos Hashulchan 24:7

[273] Piskeiy Hassidur 151 and 179; Sichas Kodesh 6^th Tishreiy 1975 based on Admur in Siddur that Lamnatzeiach is never recited when Tachanun is omitted. This ruling in the Siddur is based on Kneses Hagedola 131/3; Peri Chadash 131/1; Mamar Mordechai 131/6; Kaf Hachaim 581/78 states that so is the custom of Sefaradim.

Ruling of Admur in the SHU”A: In the Shulchan Aruch, Admur rules like Rama 131/1 that Lamnatzeiach may be recited even on a day that Tachanun is omitted. [Admur 429/12; 602/4 [in parentheses]]

^[274] Siddur Tehilas Hashem [from 1978 and onwards with the Rebbe’s approval] based on Sichas Kodesh 6^th Tishreiy 1975 that the Rebbe equates Kel Erech Apayim with Lamnatzeiach. See Shulchan Menachem 3/293; Glosses of Rav Raskin p. 165; Hiskashrus 438 p. 17; To note however that the Rebbe himself did recite Kel Erech Apayim even when Tachanun was not recited. [Rav Raskin ibid]

Ruling of Admur: In the Shulchan Aruch [429/12; 602/4] Admur rules that Kel Erech Apayim is recited with exception for Erev Pesach. This follows the ruling of the Hagahos Maimanis; Darkei Moshe 602 brought in Kaf Hachaim 602/12. [Some explain that it is for this reason that Admur in 602/4 placed this ruling in parentheses, as it is not brought in previous Poskim in Shulchan Aruch. [Shulchan Menachem ibid footnote 2] Vetzaruch Iyun as it is brought by Admur in 429/12 without parentheses, and is likewise clearly implied from the Rama 429/2] To note that also in the Siddur before Kel Erech Apayim Admur lists a number of days that it is to be omitted on, thus implying it is not always omitted when Tachanun is not said.

Ruling and explanation of Divrei Nechemia: The Divrei Nichemia 131 brings three opinions regarding the saying of Keil Erech Apayim: 1) It is only omitted by a day that Hallel is recited or a day that ahs the status of a Yom Tov like Erev Pesach. [This is the opinion of the Rama 429/2] 2) It is omitted on every Erev Yom Tov and on Isru Chag. 3) Every day that Tachanun is omitted so is Lamnatzeiach. [so rules Peri Chadash 131] The Divrei Nechemia concludes that by Lamnatzeiach we rule like the third opinion, however by Keil Erech Apayim we rule like the opinion that rules it is to be recited.

The reason behind the Rebbe’s ruling: The Rebbe explains that the ruling in the Shulchan Aruch of Admur follows the ruling of the Rama that differentiates between the laws of Tachanun and that of Lamnatzeiach. However according to Admur in the Siddur that rules Lamnatzeiach is always omitted when Tachanun is not said then likewise Kel Erech Apayim is to be omitted in all days that Tachanun is not said. [Sichas Kodesh ibid, printed in Shulchan Menachem ibid] As for the reason why Kel Erech Apayim is omitted this is because it mentions sin, and we do not desire to mention sin on any day that Tachanun is omitted. [See Shaar Hakolel 36/2; Shulchan Menachem ibid footnote 5]

[275] Admur ibid; Michaber ibid

[276] Michaber 131:5 regarding Mila; Elya Raba 133:13; M”B 133:27 in name of Elya Raba and Magen Giborim “The same applies for a Chasan”; Ketzos Hashulchan 24:7

Regarding Selichos of Elul: See Pnei Meivin Yoreh Deah 319; Ketzei Hamateh 602:22; Pischeiy Teshuvah 581; Glosses of Shoel Umeishiv on 602; Alef Hamagen 581:38 in gloss; Sheivet Halevi 4:54; Levushei Mordechai 226; Mechzeh Avraham 154; Betzeil Hachochma 4:146; Piskeiy Teshuvos 581:4

[277] The reason: As it suffices to omit part of the prayer in honor of the Chasan and it is not necessary to omit it completely. [Taz 133:13; M”B 133:28]

Regarding saying Ashamnu: The Michaber ibid rules that Viduiy is recited within Selichos. The Kaf Hachaim 133:92 writes that it is to be said before Davening. The Piskeiy Teshuvos 131 footnote 151 writes that the Viduiy is recited [however in 581:4 he writes Viduiy is not recited]. However, the Ketzos Hashulchan ibid writes that one skips all Tachanun and Nefilas Apayim, hence implying that Viduiy is not recited and so is the Chabad custom. [see Shulchan Menachem 3:83] Vetzaruch Iyun 

[278] Luach Eretz Yisrael; Tzitz Eliezer 7:9; Piskeiy Teshuvos 566:5

[279] Shaareiy Teshuvah 131:6; P”M 131 M”Z 12; Divrei Nechemia [Hashlama] 131:7; Ketzos Hashulchan ibid footnote 28 in name of Divrei Nechemia

Regarding Selichos of Elul: The Chasan or Baal Bris recites Selichos as usual, without Tachanun. [Nitei Gavriel 16:8; Directive of Rebbe to Rabbi Leibel Groner when he was a Chasan during Selichos. Shulchan Menachem 3:83]

[280] Admur 602:4; Rama 602:1 in name of Minhagim; Mateh Efraim 602:12

[281] 6^th Tishreiy 1935 the Rebbe did not say Avinu Malkeinu because there was a Chasan in the Minyan and the Rebbe than explained it in a Sicha on that day that according to Admur in the Siddur Avinu Malkeinu is never recited when Tachanun is omitted. [See Shulchan Menachem 3/293; Otzer Minhagei Chabad p. 166; Glosses of Rav Raskin p. 165;]

[282] Shulchan Menachem ibid footnote 7 that there were many instances after this Sicha was recited that the Rebbe said to recite Avinu Malkeinu even when a Chasan or Baal Bris was present. See also Sichos Kodesh 1980 p. 865 “On Monday Tzom Gedalia after Selichos the Chazan began saying Kaddish. The Rebbe motioned to him and told him to say Avinu Malkeinu. The Rebbe was then told that there is a Chasan.” [It does not state what they did in the end. However, it seems clear that the congregation in 770 accepted this earlier ruling of the Rebbe that Avinu Malkeinu is not recited. However, the Rebbe himself seems to have retracted from this ruling, as he knew that a Chasan was already there, as why else did the congregation omit Tachanun prior to Selichos. Hence it seems the Rebbe, which certainly knew there was a valid reason not to say Tachanun, ruled that nevertheless Avinu Malkeinu is to be recited.] See Hiskashrus 438 p. 17 footnote 9

[283] Michaber 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; 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]

Other opinions: Some Poskim rule it is permitted to rinse ones mouth in water even on a public fast day, with exception to Tishe Beav and Yom Kippur. [Drashos Maharil, brought in Darkei Moshe 567:1 and Elya Raba 567:5 and Kaf Hachaim 567:14] The Elya Raba ibid concludes one may be lenient if he is accustomed to do so daily.

Stringency or prohibition? It is implied from the Michaber ibid that there is no prohibition 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]

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

[285] Machatzis Hashekel 567:6; Nehar Shalom 567:1; Bigdei Yesha 567:6; Kaf Hachaim 567:13

Other opinions: Some Poskim rule it is permitted to rinse one’s mouth with less than a Revius of water, as the entire prohibition against tasting foods only applies on Yom Kippur and Tishe Beav. [M”A 567:6; See P”M 567 A”A 6 who questions his ruling; See also Machatzis Hashekel ibid who learns in M”A that only on a Tannis Tzibur that is not one of the four fasts is this allowed, however on the four fasts even less than a Revius is forbidden.]

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

[287] Michaber ibid; Terumos Hadeshen ibid

[288] M”A 567:7 based on Terumos Hadeshen ibid

[289] M”A ibid; Elya Raba 567:4; M”B 567:12; It is unclear if the M”A is referring to only a private fast day or even a public fast day. However seemingly he is referring to a private fast day, which is the discussion of M”A ibid, and so is implied from M”B ibid and so writes M”E 602 Alef Lamateh 3; Piskeiy Teshuvos 567 footnote 2.

[290] Rama 567:3; Ateres Zekeinim 567

[291] M”A 567:8; M”B 567:13

[292] See Michaber and Rama 567:3 and M”A 567:8 that ideally one may chew cinnamon for the sake of flavor although practically one is to be stringent by all public fasts; If however there is no flavor or swallowed moisture, then seemingly it is permitted according to all. Thus, one may continue chewing an old piece of gum on a fast day.

[293] Admur 90:14; M”A 567:8 in name of Aguda; Aruch Hashulchan 90:17; M”B 567:13

The reason: As one has no intent of eating upon swallowing the saliva. [M”A ibid]

Other opinions: Some Poskim rule it is forbidden to swallow saliva on Tisha B’av and Yom Kippur. [Bach 612, see Aruch Hashulchan ibid]

[294] Implication of M”A ibid; Piskeiy Teshuvos 567:2

^[295] Michaber 550:2; Tosafus end of 2^nd chapter of Taanis

Other opinions: Some Poskim rule the custom today is to prohibit taking a bath on a fast day, with exception to Erev Shabbos. [Bach 550; Levushei Serud 550; Ateres Zekeinim 550, brought in Shaar Hatziyon 550:8] This stringency applies to only hot water. [P”M 550 M”Z 1; Shaar Hatziyon ibid]

[296] The reason: The Sages did not decree against these matters on a regular fast, as majority of the congregation cannot uphold to this. [M”A 550:3 in name of Ran] This means as follows: Originally, the Sages decreed by each of the four fasts that all the five oppressions apply. Thus, in times that fasting is obligatory, such as times of war, all five oppressions must be kept by all fasts. However, today, since it is a time of peace and we only fast due to our accepted custom, it is not necessary to guard the other oppressions, as we never accepted this upon ourselves, due the reason explained in the M”A ibid. [Beis Yosef 550 in name of Ramban; Taz 550:1; Machatzis Hashekel ibid in name of Ran; M”B 550:6]

[297] P”M 550 M”Z 1; Panim Meiros 2:49, brought in Shaareiy Teshuvah 550:2; Shaar Hatziyon ibid

[298] Such as Tevila. See Kesav Sofer 100; Piskeiy Teshuvos 550:6

[299] M”A 550:3; Shlah; Ateres Zekeinim 550; M”B 550:6

^[300] Shaar Hatziyon 550:9 in name of Elya Raba in name of Shla; Poskim ibid-just like Tisha B’av; Thus, a Baal Nefesh should begin fasting from the night before, just as on the ninth of Av. However, see Piskeiy Teshuvos 550 footnote 18 that the custom is not to be stringent regarding fasting; See Shaar Hatziyon 565:8

[301] M”A ibid; Shlah ibid

The reason: As this appears like foolishness to the public. [ibid]

[302] M”A ibid; M”B 550:6

[303] Minchas Yitzchak 4:109; Piskeiy Teshuvos 567:1; based on Michaber 567:3 and M”B 11 who allows to rinse ones mouth in a case of pain

[304] See M”A 567:3 that one may rinse his mouth using vinegar, being it is not fit for drinking [accordingly, it is allowed even not in a time of need]; Kinyan Torah 2:49; See Mateh Efraim 602:3; Piskeiy Teshuvos 567 footnote 3

[305] Seder Hayom Inyanei Bein Hametzarim; See Piskeiy Teshuvos 550:8; 564:1

[306] Turei Even Rosh Hashanah 18b

[307] Ruach Chaim [Falagi] 566:4

[308] See Piskeiy Teshuvos 550:8 footnote 35

[309] See Biur Halacha 552 “Merosh Chodesh”; Kitzur SHU”A 122:1 “On the 17^th of Tamuz and the tenth of Teves it is forbidden”; Even Yisrael [Fisher] 7:28; Piskeiy Teshuvos 550:7

[310] Beir Moshe 3:77 rules it is forbidden to do so [however clearly this prohibition is only for a Baal Nefesh]; Piskeiy Teshuvos 550:6

[311] Rama 550:3; See also Igros Moshe

[312] Peri Hasadeh 4:62; Even Yisrael [Fisher] 7:28; Shraga Hameir 7:145; Even Yisrael 7:28 [permits on Taanis Esther]; See Mateh Efraim 602:5; Piskeiy Teshuvos 550:7

[313] See M”A 696; M”B 696:28; Yabia Omer E.H. 6:7; Igros Moshe 1:168; 4:112; Even Haezer 1:166; Piskeiy Teshuvos ibid

[314] P”M 551 A”A 42

[315] Taz 549:1; M”A 559:11 regarding Tishe Beav 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

Other opinions: Some Poskim rule that since Tzom Gedlia is in truth Nidche, as he passed away on Rosh hashana, therefore a Baal Bris is not required to fast just like on any other Taanis Nidche. [Elya Raba 549 in name of Rosh Yosef, brought in P”M 549 M”Z 1; Shaareiy Teshuvah 549:1Chochmas Shlomo 549; See Taz ibid]

[316] Rama 559:8

[317] Taz ibid; Michaber 559:9 regarding Tishe Beav Nidche and certainly the same applies for the other four fast days that are Nidche and so rule: Elya Raba; Chayeh Adam; M”B 559:37; Shaar Hatziyon 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.

[318] 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]

[319] 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

[320] 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; Kaf Hachaim 686:27

[321] 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; Regarding Taanis Esther so rules: Zera Emes 3:77; Poskim brought in Kaf Hachaim 686:28; 549:9, brought also in Piskeiy Teshuvos 686:4

[322] See Piskeiy Teshuvos ibid

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

[324] Rama 559:8; P”M 559 A”A 12

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

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

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

[328] As ruled regarding a Bris.

[329] M”B ibid

[330] M”B 559:38

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