The laws of Tisha B’av-Summary-Part 2

The laws of Tisha B’av-Summary-Part 2

7. Learning Torah on Tisha B’av:

• It is forbidden to learn Torah on Tisha B’av, with exception to the parts of Torah relating to the mourning period or tragic occurrences for the Jewish people. This prohibition includes Chumash, Navi, Kesuvim, Mishneh, Talmud, Halacha, Agadah [i.e. Midrash].
• Thinking words of Torah: Those subjects which are forbidden to learn on Tisha B’av, are forbidden to be studied even in one’s thought, without verbalizing the words. Practically, we rule like the first opinion.  One however is not obligated to remove from one’s mind a thought of Torah that came to his head, and only initially is it forbidden to think about the subject.
• Giving Halachic rulings: A Rav may not rule on subjects which are unrelated to Tisha B’av unless it involves a sick person who needs an answer.
• Reviewing the Torah Reading: A Baal Korei may review the Torah reading in order to prepare for it.
• The law by children: Children are included within the learning prohibition and hence they may not be taught Torah on Tisha B’av. [Some Poskim rule that this prohibition applies even against teaching children the permitted texts discussing the tragedies. Other Poskim however rule it is permitted to teach children these subjects, just as is the law regarding adults. It is forbidden for a child to learn even on his own, if he is of age to receive joy from his learning.]
• It is permitted for one to learn the following subjects on Tisha B’av [being they discuss calamities and destruction]:
  • Iyov and its commentaries.
  • The tragic parts in Yermiah, skipping those verses which deal with comfort and those which mention the tragedies that will befall the gentiles.
  • Midrash Eicha. [The Rebbe Rashab would study Midrash Eicha on Tisha B’av.]
  • The third chapter of Moed Katan “Eilu Megalchin.”
  • The story of the Churban in Gittin pages 55b-58b. [The Rebbe Rashab would study this Gemara on Tisha B’av.]
  • Sanhedrin page 104b.
  • The story of the destruction in Josephus.
  • The laws of mourning and the laws of the three weeks.
• Delving deeply into a permitted subject: It is forbidden to delve deeply into the permitted subjects of learning even in his thought [i.e. Iyun]. It is thus forbidden to look into various questions and answers relevant to the permitted subjects. He is to only learn the straightforward [i.e. Girsa] meaning of the subject. [Some Poskim however rule that while one may not initially set himself to learn a subject in depth, it is permitted to look into a matter if one needs to do so for better understanding, and discover a Chidush, Torah novelty.]

8. Greeting a friend:

• It is forbidden to greet a friend on Tisha B’av. Thus, one may not greet a friend with Shalom Aleichem [or good morning]. If one’s friend will be offended if he is not greeted, then one is to explain to him the concept of this prohibition.
• Responding to a greeting: If one is greeted by another person using the above terms, he should answer the person in a mournful tone.

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

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

10. Working on Tisha B’av:

• Today, the accepted custom is to avoid doing any form of work on Tisha B’av if the work requires some time to be performed. The prohibition applies [from the night of Tisha B’av] until midday. All work which requires only minimal time to be done, such as lighting a match and making a knot, may be done even before midday. Whoever does work on Tisha B’av [to the extent that his mind is diverted from the mourning] will not see blessing from that work.
• Housework: Even housework should be avoided from being done until after midday.
• Having a gentile do work on one’s behalf: It is permitted to have a gentile do work on one’s behalf on Tisha B’av.
• Doing work to prevent loss: It is permitted to do work to prevent financial loss.
• Preparing food: The custom is not to slaughter meat and not to prepare food [for after the fast] until after midday.

11. Diminishing from general pleasures:

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

12. Pleasure walks and public areas:

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

13. Diminishing comfort when sleeping:

• Sleeping on the floor or with a stone under the head: Some people are accustomed to sleep on the floor on the night of Tisha B’av. Some people are accustomed to place a stone under their head when they sleep.  [The Chabad custom is not to sleep on the ground or sleep with a stone under the head (however one is to diminish in comfort, as stated next).]
• Diminishing in comfort of sleep: [Even those who do not abide by the above custom] are to diminish their sleeping comfort on Tisha B’av, such as if one normally sleeps with two pillows, he is to sleep with one pillow.
• Pregnant women and people who are weak: A pregnant woman for whom it is difficult to have discomfort in her sleep, is not required to abide by any of the above customs. [Likewise, one who is weak is not required to be stringent in this matter and may hence sleep on his bed as usual.]

14. Sitting on the ground:

• On the night of Tisha B’av, and by day, one sits on the floor in Shul [and in all other places] until the time of Mincha. However, today the custom is to sit on benches immediately after leaving Shul after Shacharis, and the reading of Kinos, which is to be lengthened until sometime near midday. [Practically, one is not to sit on a bench until midday.]
• May one sit on a cushion? One is not required to sit directly on the floor, and he may thus sit on a cushioned bottom. [Furthermore, based on Kabala, one is to have an interval between him and the floor.]
• May one sit on a low stool? It is permitted to sit on a low stool if it is difficult for one to sit on the ground. [Today the custom is for all people to be lenient in this matter.  Some are particular that the stool be within three Tefachim from the ground.!]

15. Getting engaged:

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

16. Oppression laws relevant to children:

• Leather Shoes: One may not place leather shoes on a child even if he is below the age of education. However, some Poskim are lenient to allow all children below Bar and Bas Mitzvah to wear leather shoes. [The custom is like the former opinion. However, some write that children of a very young age, such as 2-3 years old, may be lenient.]
• Bathing: Children, even below Chinuch, are not to be bathed unless they are dirty.
• Anointing: Children, even below Chinuch, are not to be smeared with pleasure ointments, just as is the rule by an adult. [Medical creams however may be administered to a child, or even an adult, on Tisha B’av.]
• Learning Torah: Children are also included within this learning prohibition and hence they are not to be taught Torah on Tisha B’av. [Some Poskim rule that this includes even teaching them from the permitted texts discussing the tragedies. Others however rule it is allowed to teach children these subjects, just as is the law regarding adults. It is forbidden for a child to learn even on his own if he is of age to receive joy from his learning.]

17. Bris on Tisha B’av:

• The Baal Bris [father of the child, Mohel and Sandak] 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: 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] 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]. [They are to say Havdala prior to eating. 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. Nevertheless, despite the above ruling, some Poskim 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. However, most communities are lenient in this matter as the plain ruling in Shulchan Aruch.

18. Pidyon Haben on Tisha B’av:

• If a Pidyon Haben is set to take place on a fast day the father and Kohen must nevertheless fast until night as usual. The meal is to take place at night, after the fast.
• Taanis Nidche: In the event that the fast fell on Shabbos and was hence pushed off to Sunday, then if a Pidyon Haben is taking place on Sunday, the father and Kohen is not required to fast until night. Rather, after midday, he is to Daven Mincha early and he may then eat. Nevertheless, the meal is to take place only after the fast. 

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

• The Heichal [Kodesh and Kodesh Hakedoshim] was set afire on the 9th towards evening, and it burnt until sunset of the 10th. It is therefore customary to avoid eating meat and drinking wine [as well as to guard all the mourning customs of the nine days] until midday of the 10th of Av.  Furthermore, some are accustomed to avoid eating meat and drinking wine throughout the entire day of the 10th of Av, until the start of the 11th of Av. [Practically, the widespread custom of Ashkenazi Jewry is to only keep the mourning customs until midday of the 10th.  Regarding Tisha B’av that falls on Shabbos, and is hence pushed off to Sunday, see next chapter!]
• The following mourning customs apply until midday of the 10th:

1. Eating meat or poultry [fish is permitted].
2. Drinking wine.
3. Bathing for pleasure.
4. Haircut.
5. Laundry
6. Wearing freshly laundered clothing.
7. Music

• Marital relations: It is proper to avoid marital relations on the night of the 10th of Av [Motzei Tisha B’av], unless it is the night of Mikveh or one is traveling the next day or has arrived home after traveling [or he has a very strong inclination and may come to sin].
• Shehechiyanu: One is to avoid saying Shehechiyanu over new fruits until the 11th of Av. [However, some are lenient to say Shehechiyanu even on the night of the 10th of Av, which is Motzei the 9th of Av.]