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Halachos of The 3 Weeks, 9 Days, and Tish'ah B'Av  

1414. One is obligated to fast on the Public fast days established by The Nevi-im which are: 17th of Tammuz, Tisha B'Av (9th of Av), 3rd of Tishrei (Tzom Gedalaya), 10th of Teves, and the 13th of Adar (Taanis Esther). (We will review the obligation with respect to women). Shulchan Aruch w/Mishnah Brurah 549:1

 

1415. On all these days we fast because of the tragedies that happened; to remind us that our behavior today is similar to the behavior of our forefathers which caused the tragedies, and to arouse us to do Teshuvah. Shulchan Aruch w/Mishnah Brurah 549:1

 

1416. On all the Public fast days one is obligated to focus one's attention (mind and heart) to examine one's behavior and to do Teshuvah. Shulchan Aruch w/Mishnah Brurah 549:1

 

1417. The focus on Teshuva is even more important than the fasting itself; Therefore, those who fast, but spend the day on trips or tours have "grabbed onto the (aspect of) minor (significance) and left over the (aspect of) major (significance)". Shulchan Aruch w/Mishnah Brurah 549:1

 

1418. Five tragedies happened on the 17th of Tammuz;

 

1. The 1st Luchos (Tablets) were broken;

2. The Korbon Tamid (daily sacrifice) was unable to be brought any longer (1st Beis Hamikdash);

3. Yerushalayim was breached (2nd Beis Hamikdash); (and 1st Beis Hamikdash according to

    Gemara Yerushalmi. Other opinions say that it occurred on the 9th of Tammuz);

4. Apostomus Ha'Rasha burned the Torah;

5. and he placed an idol in the Heichal of the Beis Hamikdash;

Shulchan Aruch w/Mishnah Brurah 549:1

 

1419. Five tragedies happened on Tisha B'Av;

 

1. The 1st Beis Hamikdash was destroyed;

2. The 2nd Beis Hamikdash was destroyed;

3. It was decreed that all the Jews in the Midbar would not enter Eretz Yisroel;

4. The city of Beitar was captured and thousands of Jews were murdered;

5. Turnisrufus Ha'Rasha plowed the Heichal and the Mokom Hamikdash

Shulchan Aruch w/Mishnah Brurah 549:1

 

1420. If one forgot that it was a fast day and unintentionally ate; one should nevertheless complete the rest of the fast day without eating. Shulchan Aruch w/Mishnah Brurah 549:1

 

1421. On a fast day one should be particularly careful to avoid anger. If one is conducting business, one should be conscientious to behave in a calm and peaceful manner to avoid anger.

Shulchan Aruch w/Mishnah Brurah 568:12

 

 

1422. There is a minhag (mentioned in Tosafos Mes. Megillah beg. Chap. 3) to give Tzedakah at Mincha on the day of a Taanis. The mitzvah of Tzedakah is also mentioned in the Haftorah that is read at Mincha on a Taanis. Shulchan Aruch w/Mishnah Brurah 566:2 MB12

 

1423. Some also have the minhag to estimate the value of the food outlay being saved due to the fast, and give that amount to the poor to eat for the evening meal. Shulchan Aruch w/Mishnah Brurah 566:2 MB12

 

1424. On the day of a Taanis one should refrain from unnecessarily touching foods, lest one inadvertently eat during the fast. Piskei Tshuvos 589:1 citing Pri Migadim 612 citing Taz 612:8

 

1425. Restaurant owners should be aware that serving food on a Taanis to someone who is obligated to fast (as opposed to a sick person for example - who may eat) may involve the issur of Lifnei Iver - "Placing a stumbling block before a blind man". Therefore, the decision of whether to remain open on a Taanis should be discussed with a Rov. S"U Maharsham 6:11, S"U Bais Shlomo 38, Yalkut Yosef - Moadim 530

 

1426. Generally, The obligation to fast on public fast days includes women.

                       

A) Nevertheless, many contemporary Poskim are lenient with regard to (married) women who are of child-bearing age, and allow them not to fast on the four fasts (excluding Tisha B'Av & Yom Kippur).

 

B) However, inasmuch as this leniency is not in accordance with Shulchan Aruch and many other Poskim, one should not be lenient without the specific direction of a Rov/Posek. Shulchan Aruch w/Mishnah Brurah 550:1, Piskei Tshuvos 550:1

 

1427. Women who are nursing or pregnant (according to Mishnah Brurah - more than 40 days into the pregnancy), are not obligated to fast on the four fasts (excluding Tisha B'Av & Yom Kippur), and those who fast are acting according to the minhag to be strict (L'chumrah). Shulchan Aruch w/Mishnah Brurah 550:1

 

1428. A pregnant or nursing woman who is feeling weak (and certainly one who is sick) may not fast. Shulchan Aruch w/Mishnah Brurah 550:1

 

1429. Anyone who is feeling sick is not obligated to fast, and may not act strictly in this regard. (The same is true for people who are weak or old and have been advised by a doctor that fasting could harm their health.) Shulchan Aruch w/Mishnah Brurah 550:1, Piskei Tshuvos 550:2

 

1430. One who is eating on a fast day (due to sickness, pregnancy or other permission) should not indulge oneself (with meat or wine). Rather one should only eat what is needed to sustain oneself.. Shulchan Aruch w/Mishnah Brurah 550:1

 

 

1431. During the three weeks beginnining with the 17th of Tammuz until after Tisha B'Av we behave with minhagim of mourning for the destruction of the Beis Hamikdash, getting progressively stricter on Rosh Chodesh Av (beginning the 9 days) and the week within which Tisha B'Av falls. Shulchan Aruch w/Mishnah Brurah 551

 

1432. Beginning with the 17th of Tammuz and for the entire 3 week period we do not make weddings, listen to music, dance, take haircuts/shave, wear new clothing or eat a new fruit  which would require a Beracha of Shehechiyanu (except on Shabbos). Shulchan Aruch w/Mishnah Brurah 551:1,2,12,14,17,18

 

1433. During the 3 weeks one should refrain from going to any dangerous places, (e.g. swimming in an ocean or river) and certainly one should be extra careful during the 9 days from Rosh Chodesh Av until after Tisha B'Av, (because one's mazel is weak during this period).

Piskei Tshuvos 551:1,46

 

1434. From the 17th of Tammuz until Rosh Chodesh Av one is permitted to swim (in a pool), even for one who has not gone swimming yet this Summer season. Tshuvos V'Hanhagos 2:263, Piskei Tshuvos 551:46

 

1435. If one has a court matter pending with a non-jew during the 3 weeks, one should preferably adjourn the matter until the Month of Elul, but at least until after Tisha B'Av. Shulchan Aruch w/Mishnah Brurah 551:1

 

1436. During the 3 weeks one is permitted to conduct regular business dealings. Shulchan Aruch w/Mishnah Brurah 551:2, see also Sha'ar Hatziyun 13

 

1437. If one has started construction of a home extension, or re-painting of a home before the 3 weeks, one may have the work continue until Rosh Chodesh Av, at which point one should try to push the contractor off until after Tisha B'Av. However, one may not begin work after the 17th of Tammuz. Shulchan Aruch w/Mishnah Brurah 551:2

 

1438. Nevertheless, one may hire a contractor during the three weeks to make any necessary repairs to one's home. Piskei Tshuvos 551:8

 

1439. One should not schedule surgery during the 3 weeks, and certainly not during the 9 days, unless the doctor insists that it cannot medically be postponed. Piskei Tshuvos 551:1

 

1440. During the 3 weeks one is permitted to make preparations for a wedding scheduled for after Tisha B'Av including the sewing and purchase of new clothing and other items needed for the wedding. Shulchan Aruch w/Mishnah Brurah 551:2

 

 

1441. During the Nine days (beginning Rosh Chodesh Av) the custom is that one does not wear freshly laundered clothing. Therefore, one should wear all the clothing one will need during the Nine days for one hour, sometime before the start of the Nine days. One may wear multiple layers of clothing to accomplish this. Some poskim permit one to lay the clothing on the floor, which also removes its freshly laundered status and permits one to wear it during the Nine days.

Shulchan Aruch w/Mishnah Brurah 551:3, Piskei Tshuvos 551:17

 

1442. During the Nine days the custom is that one does not do any laundry, even via a non-jewish housekeeper. However, one may bring laundry to a non-Jewish cleaners before the Nine days even if one knows that that they will launder the clothing during the Nine days. Shulchan Aruch w/Mishnah Brurah 551:3

 

1443. During the Nine days (beginning Rosh Chodesh Av) one may not make a major purchase (e.g. a new car, furniture - normally used by the entire family) because this would require one to make a beracha of Hatov V'Hameitiv which one cannot make during the Nine days. Shulchan Aruch w/Mishnah Brurah 223:5, 551:2 MB11, see Sha'ar Hatziyun 13, Igros Moshe 3:80, Nitay Gavriel pg. 51

 

1444. During the Nine days one may not purchase any clothing or shoes (or even inexpensive items such as socks) even if one does not intend to wear it until after Tisha B'Av. (Prior to Rosh Chodesh Av one may purchase inexpensive clothing items which would not require a Shehechiyanu). Shulchan Aruch w/Mishnah Brurah 551:7

 

1445. During the Nine Days it is permitted to purchase items which a) do not require a beracha of Shehechiyanu or Hatov V'Hamaitiv, and b) are not clothing. Shulchan Aruch w/Mishnah Brurah 551

 

1446. During the Nine days, even when purchasing is prohibited, only actual buying is prohibited. Comparison shopping and window shopping is permitted. Shulchan Aruch w/Mishnah Brurah 551

 

1447. If one needs non-leather shoes for Tisha B'Av one may purchase them during the Nine days. Igros Moshe 3:80

 

1448. If one will run out of clothing for small children to wear in the Nine days one may purchase them new clothing during the Nine days. Mishnas Yaakov 551 citing Magen Avraham

 

1449. If there is a sale and one will be unable to purchase the same clothing after Tisha B'Av at the sale price, one may make the purchase during the Nine days, but may not wear the clothing until after Tisha B'Av. S'U Kinyan Torah 1:109 cited in Piskei Tshuvos 551:27

 

1450. During the Nine days, although one may not do laundry, or bring laundry to a non-Jewish cleaners, it is permitted to do laundry for small children in small loads if necessary. Shulchan Aruch w/Mishnah Brurah 551:3, 14

 

 

1451. There is a machlokes H'Poskim whether one may cut their nails during the Nine days. The Taz prohibits it, while the Magen Avraham permits it. Therefore L'kovod Shabbos one may cut their nails on Friday. Shulchan Aruch w/Mishnah Brurah 551:3

 

1452. According to some Poskim only one who cuts their nails every Friday L'kovod Shabbos may cut their nails on the Friday before Tisha B'Av. Eliyahu Rabbah 551, Yad Efraim 551, Kaf Hachaim 551:48, Piskei Tshuvos 551:19

 

1453. A Shaitel is categorized as an article of clothing for purposes of the halachos of the Nine days. Therefore one should not wash a shaitel or have it professionally cleaned and/or set during the Nine days. Piskei Tshuvos 551:20

 

1454. However one may curl or set a shaitel at home during the Nine days (presuming that one is not a professional "shaitel macher"). Piskei Tshuvos 551:20

 

1455. The minhag is that one should not say Kiddush Levanah until after Tisha B'Av. However, many have the minhag to follow the opinion of the Ari'zal who says that one should preferably say it that night. Shulchan Aruch w/Mishnah Brurah 551:8, see Be'er Haitaiv 25, Levushei Srad 551:8,

 

1456. Before saying Kiddush Levana on Motzai Tisha B'Av one should wash his hands, eat something, and put on regular shoes. Shulchan Aruch w/Mishnah Brurah 426:MB11, see Sha'ar Hatziyun

 

1457. Although one may not eat meat or drink wine during the Nine days, stores that sell meat and wine may remain open during the Nine days because they may be needed to service those who are permitted to eat meat (or drink wine) such as one who is sick, or making a seudas mitzvah (bris, pidyon haben, siyum mesechtah). Igros Moshe 4:112

 

1458. Furthermore, one is permitted to purchase meat and wine during the Nine days for use after the Nine days if there is a sale, or one will not have time afterwards. Igros Moshe 4:112

 

1459. One is permitted to shine their shoes L'Kovod Shabbos. Igros Moshe 3:80

 

1460. The custom is that the restrictions of the Nine days (including bathing, cutting hair, doing laundry, listening to music, making a beracha of Shehechiyanu, eating meat, drinking wine) continue until Chatzos on the Tenth of Av . Shulchan Aruch w/Mishnah Brurah 558:1

 

Summarized - Halachos of Tisha B'Av

  1. One may not wear shoes or sneakers made (even) partially of leather.
  2. One may not eat from Sunset on Monday afternoon until Nightfall Tuesday night. (With regard to the elderly, sick, pregnant or nursing women, generally we follow the stricter guidelines applicable to the Yom Kippur fast. One must discuss this with a Rov)
  3. One may not wash or bathe. (For Netilas Yadayim in the morning or after using the bathroom one should wash only until the knuckles).
  4. One should sit on the floor or on a very low seat (like an avel c'v) until Chatzos on Tisha B'Av day. (Elderly people, pregnant women, and women who recently gave birth are not required to sit on the floor).
  5. The Peroches should be removed from the Aron Kodesh.
  6. Many have the custom not to do any work or business until Chatzos on Tisha B'Av day.
  7. Generally one may not learn Torah on Tisha B'Av. One may study Megilas Eicha, Iyov, Churban Beis Hamikdash, and Hilchos Tisha B'Av.
  8. One should not greet another person on Tisha B'Av all day. If one unknowingly greets you, answer curtly but courteously.
  9. The custom is to not wear Tallis and Tefillin at Shachris, only at Mincha.
  10. The custom is that one should not kiss his tzitzis at Shachris.
  11. One should not smoke on Tisha B'Av. If one is unable to refrain he should wait until after Chatzos and not smoke in public.
  12. Some have the minhag to sleep in an uncomfortable manner. (e.g. on the floor, or without a pillow, or with 1 pillow instead of 2).
  13. Restriction of 9 days (bathing, cutting hair, laundry, music, eating meat, etc. continue until Chatzos on Wednesday, 10th of Av. (Chatzos Jerusalem 12:45pm, NYC 1:02pm)

 

1461. In commemoration of the destruction of the Beis Hamikdash ("zecher l'churban") one should leave an unfinished (e.g. unpainted) section of wall, directly opposite the front entrance of one's home when building or repainting the home. Shulchan Aruch w/Mishnah Berurah 560:1

 

1462. The unfinished area should be a square area, the size of one Amah by one Amah. According to the shiur of the Chazon Ish this is equivalent to 58 cm x 58 cm, or 23" in. by 23" in, and according to R' Chaim Na'eh, equivalent to 48 cm x 48 cm, or 19" in. by 19" in.  {Since this a Rabbinic obligation one may be lenient and rely on the smaller shiur - 48cm or 19" in}. Shulchan Aruch w/Mishnah Berurah 560:1, SA w/MB 271:13 see Biur Halacha, SA w/MB 486:1, Piskei Tshuvos 560:2

 

1463. If one purchased a home from a non-Jew and it does not have a "zecher l'churban" unfinished wall area, the new Jewish owner is not obligated to make a "zecher l'churban" until he repaints the home. Shulchan Aruch w/Mishnah Berurah 560:1, Piskei Tshuvos 560:3

 

1464. If one purchased a home from a Jew and it does not have a "zecher l'churban" unfinished wall area, (and the Jew/Seller built the home or repainted it during his ownership) the new Jewish owner is obligated to immediately make a "zecher l'churban". Shulchan Aruch w/Mishnah Berurah 560:1, Piskei Tshuvos 560:3

 

1465. When one rents a home, and the home is being repainted for the new rental the tenant is obligated to leave a "zecher l'churban" unfinished wall area. Piskei Tshuvos 560:3

 

1466. If one rents a home that does not have a "zecher l'churban" unfinished wall area, and it is not being repainted, the tenant may make a "zecher l'churban" unfinished wall area, but only with the permission of the landlord. Piskei Tshuvos 560:3

 

1467. No "zecher l'churban" unfinished wall area is required in shul's, batei midrashim  and yeshivas. Shulchan Aruch 560 see Biur Halacha , Piskei Tshuvos 560:6

 

1468. However, a "zecher l'churban" unfinished wall area is required in other public use buildings such as catering halls and hotels. Piskei Tshuvos 560:6

 
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