The Fast day of the 9th of Teves & Asara Beteves-Laws & Customs

The Fast day of the 9th of Teves:[1]

The Shulchan Aruch lists a number of days in which it is customary to fast due to tragedies that occurred on that day. Amongst the list of days in which tragedies occurred, and is hence proper to fast on, is the 9th of Teves. [Practically, it is no longer customary to fast on these days, and thus we no longer fast on the 9th of Teves.[2] Nonetheless, below we will explore the background behind this fast and its meaning.]

What happened on this day? We do not know what tragedy occurred on this day.[3] [Some Poskim[4], however, write that in truth Ezra Hasofer passed away on this day, as written in the Selichos[5] of Asara Biteves. In addition, some say that also Nechemia Ben Chakilia passed away on this day.[6] They thus question the above assertion that the tragedy of the day is unknown.[7] The Poskim[8], however, explain that although Ezra Hasofer did pass away on the 9th of Teves, an additional tragedy also occurred on this day for which the fast was established, and it is this tragedy that is left unknown. We will now explore what secret tragedy could the Sages have been referring to.] 

What secret tragedy occurred? While the above asserted tragedy was kept hidden, as stated above, we do find some revelation amongst Sefarim as to what occurred, and the reason it was kept secret is blatantly obvious, to shield the Jewish people from the wrath of the Christians, as we will now see. Some Poskim[9] write that the secret tragedy that happened on this day is that on this day Oso Ish [Yoshka] was born. Other Poskim[10] write that on this day Shimon Kipa passed away. Shimon Kippa, also known as Shimon Hakalfus, was none other than S. Peter, who was the first Bishop/Pope of Rome of which all the other popes are considered as his heirs. This Shimon Kippa who became the founder of Christian theology after the passing of Yoshka, was in truth a hidden Tzadik, who helped sway Christianity away from Judaism and make it unattractive to Jews. He also helped save the Jewish people from persecution from the christians, and hence the Sages established this day, which is the day of his death, as a fast day for the scrupulous, in commemoration of his passing of the. [See below for greater background of Shimon Kipa/Peter and how they were Tzaddikim and acted as emissaries of the Sages to infiltrate Christianity.]

The 10^th of Teves- Checklist

General laws:

• One must be especially careful to avoid anger on a fast day
• The fast begins at Alos Hashachar, which is approximately two fluctuating hours prior to sunrise.
• Children 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.
• On a public fast day, one does not rinse his mouth in the morning. If however this is causing one discomfort, he may be lenient to rinse his mouth.
• One may not brush one’s teeth on a fast day unless not doing so will cause one pain or discomfort, in which case it is allowed.
• One may not use mouthwash unless lack of doing so will cause pain and discomfort.

The Davening:

• The Chabad custom is to recite the Selichos within Tachanun, after Shemoneh Esrei of Shacharis.
• Selichos is customarily recited while standing.
• The Chabad custom is to omit the saying of Ashamnu within Selichos when it is recited within the prayers of Shacharis.
• Selichos must be recited slowly and with concentration.
• It is forbidden to recite the thirteen attributes without proper concentration.
• The thirteen attributes are to be recited slowly and carefully.
• The thirteen attributes are to be recited aloud.
• The custom is to open the ark and stand for the saying of Shema Koleinu.
• 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.
• One does not say Keil Erech Apayim unless it is a Monday or Thursday.
• The Torah portion of Vayichal is read during Shacharis.    
• The prayer of Aneinu is added during Mincha Shemoneh Esrei of a fast day. It is recited within the blessing of Shomeia Tefila, prior to the words “Ki Ata Shomeia.”
• The Chazan recites Aneinu as a separate blessing between the blessings of Goal Yisrael and Rifaeinu. This applies during the Chazan’s repetition of both Shacharis and Mincha Shemoneh Esrei.

Mincha:

• Prior to Mincha one is to give Igara Ditaanisa to charity.
• The Torah portion of Vayichal is read during Mincha. This is followed by the reading of the Haftorah.
• After the reading of the Haftorah, Yehalelu is recited and the Torah is returned to the Aron. This is then followed by half Kaddish.
• During Shemoneh Esrei of Mincha, Aneinu is recited, as stated in the previous Halacha.
• 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.
• Tachanun and Avinu Malkeinu are recited during Mincha of a fast day with exception to when it falls on Fridays, in which case they are both omitted.

The 10^th of Teves-Summary

• The 10^th of Teves is a public fast day. One is required to fast on this day due to the tragedies that occurred during this time. [This fast is mentioned explicitly in scripture [Zecharia 8] as the “Tenth fast.” The Tenth fast refers to the fast of the 10^th of Teves which is in the Tenth month.]
• What occurred on the 10^th of Teves: On the 10^th of Teves the city of Jerusalem was placed under siege by Nebuchadnezzar and from this began the start of the destruction.
• The purpose of a fast day: 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: One must be especially careful to avoid anger on a fast day
• When does the fast begin?  The fast begins at Alos Hashachar of the day of the 10^th of Teves. This is approximately two fluctuating hours prior to sunrise. Thus, even if one was awake the entire night he must stop eating and drinking two fluctuating hours before sunrise.
• One who woke up before Alos: If one slept [even on the 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, although 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 and he may continue to eat until Alos.
• May one eat a lot of food prior to a fast in order so he does not feel hungry? The Poskim 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 more in order to have strength is to do so.

Those exempt from the fast: 

• Must pregnant or nursing women fast? Pregnant and nursing women are exempt from fasting. Nevertheless, the custom is for even pregnant and nursing women to fast unless they are in great pain [or feel weak] in which case they are specifically not to fast. They are likewise not required to make up the fast at a later date. [Practically, the widespread custom today is for pregnant women not to fast as they are all considered weak. They are also not required to make up the fast at a later date.]
• From what stage in pregnancy is a pregnant woman exempt from fasting? A pregnant woman that is in pain is exempt from fasting starting from the 41^st 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 one fast if he is sick or weak? One who is sick is exempt from fasting. One who is old or weak is not required to fast if he receives a medical order from a doctor that the fast is detrimental to his health. He is not required to make up the fast on a later date when he feels healthy.
• 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.
• Women after birth: According to all opinions, a woman within 30 days of giving birth does not need to fast.
• One who is traveling: If one feels healthy, he must fast even if he is traveling that day.
• Children: All children that are above the age of Bar or Bas Mitzvah are obligated to fast. All children below the age of Bar or Bas Mitzvah are not required to fast any of the four Rabbinical fasts. One is not even required to educate the child to fast for a certain amount of hours into the day. Some Poskim however rule that a child which has reached the age of understanding the mourning is only to be allowed to eat bread and water or other simple staple food. The custom however is not like this opinion. [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.] 

The Davening:

• The Chabad custom is to recite the Selichos within Tachanun, after Shemoneh Esrei of Shacharis. It is customarily recited while standing. This especially applies for the 13 attributes and Shema Koleinu. The Chabad custom is to omit the saying of Ashamnu within Selichos when it is recited within the prayers of Shacharis. [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. Those that are accustomed to hurriedly recite the conclusion of Selichos are to nullify their custom.
• The thirteen attributes: It is forbidden to recite the thirteen attributes without proper concentration. [It is to be recited slowly and carefully. It is to be recited aloud. Some are accustomed to count the Middos with their fingers. Some are accustomed to picture each letter of each word in their mind while reciting it.] The 13 attributes may only be read together with the Minyan. The custom is to stand while reciting it. One is not to lean while reciting it unless he is old or sick.
• Shema Koleinu: The custom is to open the ark and stand for the saying of Shema Koleinu.
• Selichos without a Minyan: It is permitted to recite Selichos without a Minyan, although he must omit certain parts, as will be explained next. If one is saying Selichos without a Minyan, he is to omit the 13 attributes of mercy. [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. One does not omit the verse of “Uzechor Hayom Bris Shlosh Esrei” upon saying Selichos without a Minyan.
• 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.
• The Torah portion of Vayichal is read during Shacharis.     

Aneinu:

• The prayer of Aneinu is added during Mincha Shemoneh Esrei of a fast day. It is recited within the blessing of Shomeia Tefila, prior to the words “Ki Ata Shomeia.” It is not recited during the silent Shemoneh Esrei of Shacharis or Maariv. It is however recited within the Chazan’s repetition of the Shacharis and Mincha Shemoneh Esrei. The Chazan recites Aneinu as a separate blessing between the blessings of Goal Yisrael and Rifaeinu. 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, while during his silent prayer of Mincha he recites Aneinu within Shomeia Tefila just like the other people praying.
• One who forgot Aneinu: If one forgot to say Aneinu in Shomeia Tefila he has nevertheless fulfilled his obligation. If he remembered prior to finishing Shemoneh Esrei he is to recite it at the end of Davening, in Elokaiy Netzor prior to the [second] Yihyu Leratzon. Even if he remembered prior to Ritzei, he is nevertheless to continue and recite it in Elokaiy Netzor. [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.]
• The meaning behind Aneinu: 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. 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.

Mincha:

• Charity: Prior to Mincha one is to give Igara Ditaanisa to charity.
• Torah reading: The Torah portion of Vayichal is read during Mincha. This is followed by the reading of the Haftorah. 
• Yehalelu: 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. However, in most years the Rebbe waited for the Sefer Torah to be returned.] 
• Aneinu: During Shemoneh Esrei of Mincha Aneinu is recited, as stated in the previous Halacha.
• Nesias Kapayim: 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. [This applies even when Mincha is being davened early, by the time of Mincha Gedolah.] Those that are accustomed to performing 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. Some rule this to be within thirty minutes before sunset. Others rule it refers to past Plag Hamincha. Others rule it refers to Mincha Ketana. However, when praying Mincha prior to Plag Hamincha Nesias Kapayim is not performed. 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, with exception to when it falls on Erev Shabbos.

General laws applicable on fast days:

• Rinsing the mouth: On a public fast day one does not rinse his mouth in the morning. [If, however, this is causing one discomfort he may be lenient to rinse his mouth.]
• May one brush one’s teeth on a fast day? 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? Yes it may be used in such a case.

Laws relevant to when the 10th of Teves falls on Erev Shabbos:

• It is possible for the 10th of Teves to fall on Erev Shabbos. It is the only fast in the Jewish calendar that can fall on Erev Shabbos. When the 10th of Teves falls on Erev Shabbos, the fast is not delayed to another day.
• Haircuts: Even those who are accustomed not to get a haircut on the day of the fast may do so on a fast day that falls on Erev Shabbos.
• Until what time must one fast: When the 10th of Teves falls on Erev Shabbos, one fasts until after nightfall of Shabbos, as is the law regarding all fasts that one must fast until after Tzeis Hakochavim. This applies even if one Davens Maariv and accepts Shabbos early prior to nightfall, nonetheless he must continue fasting until nightfall arrives.
• There is no obligation to make Kiddush and begin eating immediately after nightfall and one may delay as necessary, such as to Daven Maariv and walk home from Shul, or wait for guests to come, or to delay past the seventh hour, as will be explained. Nonetheless, initially it is proper for one to arrange for Kiddush to be made as soon as possible after nightfall in order not to elongate one’s state of oppression on Shabbos, and thus one may Daven Maariv early even prior to nightfall for this purpose, as will be explained.
• Mincha Erev Shabbos: Prior to Mincha, Hodu and Patach Eliyahu are recited as usual.
• The Torah is read in Mincha, as usually done on a fast day.
• Tachanun [and Avinu Malkeinu] is not recited by Mincha.
• Aneinu is recited in Mincha.
• One is to be careful to Daven Mincha, including Chazaras Hashatz, before sunset, in order not to enter a question of reading the Torah and saying Aneinu after sunset. Nonetheless, in a time of need the Torah may be read, and Aneinu may be said, up until nightfall.
• When to Daven Maariv: One may begin Maariv after sunset, prior to Tzeis Hakochavim, in order to conclude Maariv and be able to make Kiddush and eat at the earliest possible time.
• In such a case, one is to make sure to read all three paragraphs of Kerias Shema for the sake of the Mitzvah again after nightfall, prior to starting the meal.
• Certainly, one may Daven Kabalas Shabbos prior to nightfall, and so is encouraged to be done by all Shuls in order not to delay the fast unnecessarily.
• Kiddush Between 6:00-7:00 [or 5:40-6:40 in Israel]: Although it is generally accustomed amongst many Chassidim to avoid making Kiddush between six and seven, nevertheless in years that the fast of the 10th of Teves falls on Shabbos many are accustomed to being lenient in this and make Kiddush between six and seven if necessary. Others however relate that the custom is to be stringent not to make Kiddush between six and seven even in such a scenario that will cause the fast to be delayed.
• Practically, relevant to one’s geographical location, Shuls and individuals should initially schedule their Davening of Maariv and coming home from Shul in a way that it will allow them to make Kiddush prior to the 6th hour. In a time of need, however one may be lenient to make kiddush after the sixth hour.
• Summary of options for when to break the fast: One is obligated to fast until nightfall. The following are the options available in how to navigate breaking the fast with Kiddush as soon as possible after nightfall:

1. Arrange to Daven Maariv after sunset in a way that you will finish by nightfall, and then go home and make Kiddush right away, or if necessary, make Kiddush in Shul.
2. Women who remain home may be instructed to make Kiddush right after nightfall and eat at least a Kezayis of Mezonos.
3. In a time of need, make Kiddush right after nightfall and eat at least a Kezayis, but less than a Kebeitza, of Mezonos, and then Daven Maariv, as explained in the Q&A below.

• May one choose to make Kiddush and eat a snack after nightfall prior to Davening Maariv? Although in general it is best for men [and women who Daven Maariv on Friday night] to pray before Kiddush , and to wash on Lechem Mishneh right after Kiddush , nonetheless in a time of need such as a fast day, one may be lenient as follows if necessary: [This is especially pertinent to those who are extremely weak due to the fast, or would end up needing to wait until after the 7th hour in order to make Kiddush as explained above.]
• Women: Women may recite Kiddush and eat at least a Kezayis of Mezonos after nightfall prior to them Davening Maariv. [Accordingly, it is advised for husbands to instruct their wives and daughters who are home fasting, that they may choose to recite Kiddush right away after nightfall so they can break their fast, and do not have to wait until the men come home from Shul.] They need to eat at least a Kezayis of Mezonos immediately after Kiddush or an additional Revius of grape juice, as stated above, and may eat all foods up to any amount, although they should not be too much in order to leave room for the actual meal.
• Men: A man may make Kiddush after nightfall prior to Maariv and eat at least a Kezayis of Mezonos, but less than a Kebeitza, and may eat and drink other foods without limitation, and then stop to Daven Maariv. This applies even if he does not have anyone to remind him to Daven Maariv. Nonetheless, he should only do so if it is a case of great need. If he can ask another person who is present and is not participating in the eating to remind him to Daven Maariv after he eats, then he may eat even more than a Kebeitza.

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[1] Michaber 580:1-2; Tur 580; Kol Bo 63; Bahag [900’s; times of Geonim] Hilchos Tishe Beav Vetaanis 39; M”A 580:1 in name of the Tanya, in name of the Geonim, and Shibulei Haleket; Megillas Taanis [written by the Tanaaim], brought in M”A ibid and Gr”a; Shlah p. 201, brought in Kaf Hachaim 580:2

Who established these fasts? See M”A 580:1 in name of the Tanya, in name of the Geonim, and Shibulei Haleket that we do not know who established these fast days and so writes Beis Yosef 580. However, the M”A ibid concludes that he found them written in Megillas Taanis, hence proving that it was established in the times of the Tanaaim

[2] Beis Yosef 580 “I have never seen anyone fast on these days and I have also not heard of anyone doing so”;

Background and other opinions: The Bahag and Tur ibid write these fasts are Biblical, however the Beis Yosef 580:1 explains that this is not to be taken literally, and rather it means to say that it is Rabbinical but should be treated as if it were Biblical. The Beis Yosef concludes that “I have never seen anyone fast on these days and I have also not heard of anyone doing so. In truth these fasts are a great wonderment, and I wonder at who established them, as some were established even on Rosh Chodesh”; The Michaber 580:1 simply records that it is proper to fast on this day and does not write it as an obligation; The M”A 580:1 writes in name of the Tanya, in name of the Geonim, and Shibulei Haleket that we do not know who established these fast days. Nonetheless, the M”A concludes that since he has read the lists of these fasts in Megillas Taanis, and also the Bahag [of whose words are all Divrei Kabalah], therefore it must have been written in the times of the Tanaaim and every Baal Nefesh is to be stringent to fast on these days if he is able. Practically, we no longer fast on these days

[3] Michaber 580:2 “On the 9^th of Teves we do not know what Tzara happened”; Tur 580 and Bahag ibid “The Sages did not write what happened”; Orchos Chaim “On the 9^th the Sages did not write what happened, and it remains a secret.”; Birkeiy Yosef

[4]  Taz 580:1; M”A 580:6; Perisha 580:6; Beir Hagoleh 580 and Elya Raba 580:5 in name of Kol Bo; Bahag ibid, brought in P”M 580 M”Z 1; Orchos Chaim

Passing of Rav Yosef Hanaggid: In the Sefer Kabbalah of the Raavad it is written that on the 9^th of Teves Rav Yosef Halevi Hannagid was killed, the son of Rav Shmuel Hanaggid. Together with him the entire congregation of Graneda and many other Jews were killed. [See Hagahos Baruch Frankel 580]

[5] So is written in the first Piyut of Selichos of Asara Biteves “זועמתי בתשעה בו [בחודש טבת] בכלמה וחפר, חשך מעלי מעיל הוד וצפר טרוף טורף בו הנותן אמרי שפר, הוא עזרא הסופר”

[6] Bahag ibid, brought in P”M ibid; Orchos Chaim

[7] Taz ibid concludes “Vetzaruch Iyun Rav”

[8] Birkeiy Yosef 580 based on Rishonim brought next; See Kol Bo and Bahag ibid who writes “The Sages did not tell us what happened, and [in addition it happens to be that] on that day died Ezra Hakohen and Nechemia Ben Chakilia”; See also Orchos Chaim “On the 9^th the Sages did not write what happened, and it remains a secret, and on this day died Ezra Hakohen and Nechemia Ben Chakilia” The wording of all these Rishonim imply that the death of Ezra and Nechemia is in addition to the main reason of establishment, and the Sages did not write what actually happened and it is left a mystery.

[9] Haghos of Tosafos Yisheinim in name of Gadol Echad, brought in the Hosafos of some editions of the Shulchan Aruch on chapter 580 [Machon Yerushalayim-Friedman edition] removed from regular editions due to censorship of the church

[10] Hagahos Baruch Frankel on 580 “I found in a manuscript that on the 9^th of Teves Shimon Hakalfus, who helped save the Jewish people from a great tragedy in the times of the Peritzim, died and the Sages established it as a day of fasting in Jerusalem”; See Sefer Toldos Yeshu “Shimon Hakalfus passed away and the Jewish people mourned his passing and they established his day of death as an annual fast day. This day was the 9^th of Teves”; Accordingly, the words of Toldos Yeshu and Baruch Frankel reveal the secret that on this day Shimon Hakalfus died.

[11] See Sefer Chassidim 191 [Mosad Rav Kook-censored from some versions] “Even a Tzaddik who they make into a deity it is a Mitzvah to call a derogatory name, for example Shimon Kipah should be called Peter Chamur” thus implying that that Shimon Kipa, who was Peter, was a Tzaddik; Rashi Avoda Zara 10a which was censored and brought in Dikdukei Sofrim Avoda Zara p. 12 footnote 9 that they were Tzadikim planted in the Christian religion; For the full story in all details see: Sefer Toldos Yeshu [dating back to at least times of Rashi]; Beis Hamidrash vol. 5/60 and vol. 6 [1860; Likkut of old Midrashim] Midrash brought in Otzer Hamidrashim p. 557 [1920, by Rav Y.D. Eizanshtein]

[12] Rashi Avoda Zara 10a which was censored and brought in Dikdukei Sofrim Avoda Zara p. 12 footnote 9; For the full story in all details see: Sefer Toldos Yeshu [dating back to at least times of Rashi]; Beis Hamidrash vol. 5/60 and vol. 6 [1860; Likkut of old Midrashim] Midrash brought in Otzer Hamidrashim p. 557 [1920, by Rav Y.D. Eizanshtein]

[13] See Siddur Avodas Yisrael, in name of an old manuscript siddur from the year 1407 “I heard from Yehuda Bar Yaakov that Shimon Ben Kipa authored Nishmas until the words Mi Yidmeh Lach” However see Machzor Vitri p. 282 Mahadurah Makitzei Nirdamim “Some say Nishmas was authored by the abomination of Rome, called Shimon Peter Chamor, which authored this liturgy and others while in the cave. Vechas Veshalom to say such a thing, and one who says so will have to bring a fat offering when Moshiach comes” Vetzaruch Iyun, as elsewhere in Machzor Vitri it states that Shimon Kipa authored the Piyutim of Seder Avoda said on Yom Kippur.