Siman 551

We learned in the Mishna at the end of Taanit (26b): From the beginning of Av, one diminishes in joy. And the Tanna did not explain to us in what manner one diminishes. The Rambam likewise transcribed this in the fifth chapter of Taanit, and the Rif and the Rosh wrote similarly. And the intent of "diminishes" is to say: that they should not engage in matters of joy at all. And it is necessary to say so, for if not so, what measure is there to the diminution? (And the Tosafot wrote something similar to this in Megillah 5b, see there.) And the standard definition of joy is betrothal with a feast, and marriage even without a feast, just as on Chol HaMoed they are forbidden in such a case because of joy, as I wrote in siman 546. And so we learned in a Baraita in Yevamot (43b), that one may betroth but one may not marry, and one does not make a betrothal feast. And so it is in the Tur and Shulchan Aruch. And as for the fact that the Rambam did not mention this—he relied on that of Chol HaMoed, where he explained there that one does not mix one joy with another joy, and therefore it is forbidden to marry on Chol HaMoed even without a feast. And betrothal is permitted, but not with a feast. And since he wrote "one diminishes in joy"—we automatically know that it is so, just as on Chol HaMoed.

Nevertheless, the words of the Rambam are lacking, for behold, in Yevamot there we learned in two baraitot that from Rosh Chodesh until the fast, the people diminish their business, from buying and selling, from building and planting, etc. And why did he not mention this at all? And likewise the Rif and the Rosh did not mention this. But the Tur and the Shulchan Aruch wrote this, as will be explained. And it is possible to say that since we learned "the people diminish their business" and we did not learn "it is forbidden to buy and sell" etc., as we learned there in that same baraita: the week in which Tisha B'Av falls—it is forbidden to cut hair and to wash clothes on the eve of Shabbat, one may conclude from this that this is not by law, but rather that they conducted themselves so on their own. And where they practiced it—they practiced it, and where they did not practice it—they did not practice it. And according to this, it is well understood why in our times they do not know of this prohibition at all, and they buy and sell, and build and plant. And the great authorities have already wondered about this (Taz, subsection 1, and Beit Yosef). And according to our words, it is settled well. (And see the Beit Yosef who wrote something similar to this, and the Lechem Mishneh wrote that it is a forced explanation, see there.)

It appears more correct to say that it was difficult for our teachers, because the language of this baraita was also taught at the end of the first chapter of Taanit, regarding the fasts for rain during the final seven. And so it is found in the Mishnah there (12b): If these passed and they were not answered—they diminish business, building, and planting, etc. And it was taught in a baraita there (14b): Building—a building of joy; planting—a planting of joy; see there. And so the Rambam ruled in the third chapter of Taanit, halacha 8; see there. And if you were to think that Tisha B'Av is equal in this to the fasts, why did the Mishnah change its language? For regarding the fasts it specified, but regarding Tisha B'Av it only said "one diminishes joy." Rather, it is certainly so that regarding business they are not equal, for during the fasts they are forbidden even in business, as the Mishnah concludes there: like people who are rebuked by the Omnipresent, meaning: because they prayed and were not answered. And this is only relevant to a new distress, and not to Tisha B'Av, for it is an old distress and an old mourning, and it is not relevant to say that we are like those who are rebuked, Heaven forbid. And why should we forbid business upon ourselves, in which there is no joy at all? Rather, it is certainly so that ordinary business is permitted. And that which is in Yevamot: the intention is business of joy, and building and planting of joy. And what is business of joy? Such as buying clothes for the groom or for the bride, or for himself to buy and sew expensive clothes, and it is not like the business of the fasts. And in this we are indeed careful, and according to this our custom is well-settled, that we are not separated from business as during the rest of the year. (And the commentators wish to equate this business with the business of the fasts, and this is the opinion of the Tur and the Shulchan Aruch, and this is also the opinion of the Tosafot in Yevamot there, starting with the words "from marrying"; see there. But such is not the opinion of the Rif, the Rambam, and the Rosh, and therefore they did not need to mention this, for since they wrote "one diminishes joy"—it includes everything, every type of joy. Examine closely and you will find it simple.)

This is the wording of the Tur and the Shulchan Aruch, section 2: From Rosh Chodesh until the fast – one diminishes business dealings; and building for joy, such as a wedding house for one's son, or a building of painting and carving; and planting for joy, such as a royal arbor that they plant for shade to shelter in its shade, or types of myrtle, and types of canopies. And if his wall was leaning and about to fall – even one of joy is permitted to build; thus far his words. And even if there is not yet danger in the leaning of the wall, but rather there will be financial loss – it is permitted (Taz, subsection 2). And it is clear in their intent, that their intent is that all business dealings are forbidden, for regarding business dealings they did not write "of joy," and one cannot say that "of joy" regarding building refers to both of them. For if so, he should have said "such as business dealings of a wedding canopy," just as they said regarding building a wedding house. (And it requires further study regarding the Magen Avraham, subsection 7, who wrote that "of joy" refers also to "business dealings," such as needs for a wedding canopy, see there. And what he wrote in the name of the Beit Yosef and the Bach – they wrote regarding the custom of the world, that they did not practice this, as I have written. And not regarding the words of the Tur, which are like the words of the Shulchan Aruch, see there. Examine it and you will find it simple.)

There is one who wrote in this language: In a place where they practiced a prohibition regarding all commerce—it requires annulment. But in a place where they practiced to diminish all commerce—annulment is not effective; since there are poskim who hold thus, their ancestors have already accepted it according to that opinion (Magen Avraham ibid.). That is to say: that annulment is only effective for permitted things where others practiced a prohibition regarding them, as is written in Yoreh Deah siman 214; but not for things that are prohibited by the law. But if so, even in a place where they practiced a total prohibition in commerce—annulment should not be effective, for behold, in this too there are those who hold thus, as it is explained from the Tosafot in Megillah (5b) who wrote that "we diminish." Perforce its meaning is "entirely," for it cannot be said that only in abundance it is prohibited but in a small amount it is permitted, for he should have explained how much the "diminishment" is, see there. And if they wrote this regarding joy—it follows that this is also regarding commerce, for this very reason. And therefore they wrote there that commerce is of joy, see there. But according to the words of the Tosafot in Yevamot there, who rejected this interpretation and interpreted that it refers to all commerce, see there—certainly it is entirely prohibited. And you should know that it is so, for behold the Tanna grouped them with building and planting of joy, and these are indeed entirely prohibited. And that which the Tosafot wrote in Yevamot there, this is their wording: That he prohibited an abundance of commerce, etc., see there. Certainly it is so, for behold it is a necessity to buy and sell needs of food for the evening meal, and it is simple that in the fasts there which are seven days—how is it possible without commerce in eating and drinking and the like? And therefore we learned the language "we diminish," but regarding business—not at all. And so too that which we learned: "From the beginning of Av we diminish in joy"—it is also thus, for how is this possible? And if so, if a male son is born to him—shall he not rejoice? Or if some good news came to him, or he profited money, and the like. Rather the intention is: "we diminish in joy"—in what is in a person's hand to do or not to do. And so too in commerce from business. But what is prohibited—is entirely prohibited, for if not so, the difficulty of the Tosafot in Megillah there remains: how much is the measure of the diminishment? And therefore, in my humble opinion, for those who practice thus—annulment is not effective. (And it is true that the Magen Avraham follows the approach of the Beit Yosef in his great book, who attributed an error to the people of Budun who prohibited all commerce. And he wrote that either way: if according to the Tosafot in Megillah—it is only that of joy, and if according to the Tosafot in Yevamot—behold they only "diminish," see there. And in my humble opinion it is not so, and as we have explained, that their intention was not thus. And examine carefully and you will find it easy.)

The Maharil wrote that brokers should not carry silver vessels to broker in the city from Rosh Chodesh, because it is a joy to those who see them (ibid.). And any building that is only for general expansion is considered like a building of joy, and is forbidden (ibid.). And even through a non-Jew it is forbidden, for ultimately it is a joy for him. And if before Rosh Chodesh he contracted with a non-Jew for a building of joy, or for painting and molding—it is permitted to let him paint his house, for the non-Jew acts for his own sake. Nevertheless, if it is within his power to appease him with a small amount, so that he paints after Tisha B'Av—one should do so (ibid.), and a blessing shall come upon him.

Our teacher, the Rema, wrote that for the purpose of a mitzvah, everything is permitted; thus far his words; such as: the buildings of a synagogue or a beit midrash. And it appears that any public need is permitted, for every public need is like the purpose of a mitzvah. And there is one who wrote that the same applies to a wedding house, for one who has not fulfilled the mitzvah of procreation. And likewise: new garments for the purpose of a marriage are permitted for one who has not fulfilled procreation (Magen Avraham, subsection 8). And not only this, but even marriage is permitted for one who has not fulfilled the mitzvah of procreation. And that which we do not marry during these days is because it is not a good omen to marry during these bad days, and not because of the prohibition (ibid. in the name of the Ran, see there). And it is true that the Ran wrote this in the name of Rav Hai Gaon at the end of the first chapter of Ta'anit, regarding fasts for rain, see there. But from the words of our teacher, the Rema, who wrote this only regarding labor and not regarding marriage—one may infer from this that marriage in any case is forbidden before Tisha B'Av, though perhaps because it is not a good omen. And behold, even from the seventeenth of Tammuz we do not marry. And according to this, that which some prepare the garments of a groom and bride during these days works out well. And likewise, if the matter is necessary to marry during these days—one may permit it according to this. However, in the week in which Tisha B'Av falls—it is certainly forbidden.

And so too, one may not marry women from Rosh Chodesh, and even without a feast, whether a bachelor and a maiden or a widower and a widow. However, returning one's divorcee—it appears that it is permitted, as on Chol HaMoed. But to perform erusin without a feast—it is permitted, and even on Tisha B'Av itself it is permitted to perform erusin, so that another should not precede him. But to make a feast for erusin—it is forbidden, and in this, even in a place of a mitzvah it is forbidden. And it appears to me that even though regarding Chol HaMoed, it was explained in siman 546 that an erusin feast is only forbidden at the time of the erusin and in the house of the bride, nevertheless—here in any manner it is forbidden, for there the reason is because one does not mix one joy with another joy. Therefore, when it is not at the time of the act, and in the house of the bride, such a joy is not significant enough to cancel the joy of the festival. But here, where every kind of joy is forbidden—it is obvious that even in such a case it is joy, and it is forbidden. And even a feast of friendship—it appears that it is forbidden. And the same law applies to shidduchin for us: it is permitted to enter an engagement from Rosh Chodesh and onward, but without a feast, and certainly without dancing and circles. And even on Shabbat it is forbidden to make a feast for this. And even from the seventeenth of Tammuz—dancing and circles are forbidden, as we are accustomed, not to perform marriages from the seventeenth of Tammuz until after Tisha B'Av. And it is not similar to a feast of a milah and pidyon haben, which is permitted, for the time causes it. And also there is no joy in this, for there is no joy except in matters of pairings, over which they bless "that joy is in His dwelling." And therefore, everything related to this, the erusin and the binding of conditions—is joy, and not milah and pidyon haben.

Our sages, of blessed memory, said in Taanit there: A Jew who has a legal case with a non-Jew—he should avoid him for the entire month, for his fortune is impaired for the entire month. Regarding a circumcision that occurs from Rosh Chodesh until the Ninth of Av, the custom is that the mohel, and the baal berit who is the sandak, and the father of the son—wear Shabbat garments. However, the rest of those receiving honors, even the kvatter—do not wear Shabbat garments. But the women are accustomed to wear them, because this is their primary mitzvah, in that they wear precious garments in honor of the circumcision (Magen Avraham, subsection 3).

Our teacher, the Rema, wrote in section 1: That even on the Shabbat of Chazon – one does not change into Shabbat garments, only the shirt alone. And it is permitted even if Tisha B'Av falls on Shabbat (Levush). And one who is stringent in this is nothing but mistaken, for the shirt is only on account of perspiration (Magen Avraham, small subsection 4). However, one spreads the Shabbat parokhet, unless Shabbat occurred on Tisha B'Av and was postponed, for then one does not spread the Shabbat parokhet either. And the tablecloths and the covers – their law is like the parokhet. And only one who has a wedding on Shabbat Nachamu – it is permitted for him to wear Shabbat garments on Shabbat Chazon. But new garments – are forbidden even for a groom (Magen Avraham, small subsection 6). And also the father of the groom may wear a Shabbat overgarment in honor of the groom, and so did the Maharil (ibid.).

And know that among us, there have been two or three generations who do not follow this custom on Shabbat Chazon, but rather wear all Shabbat garments. The greats of the generation who were then instituted this, saying that this is like showing mourning on Shabbat in public. Therefore, even on a Shabbat upon which Tisha B'Av falls and is postponed – we wear Shabbat garments for this reason. Consequently, in these days of ours, the matter of not wearing Shabbat garments on Shabbat Chazon is almost forgotten. This matter is a wonder to me, for did our predecessors not know this? And despite all this, they practiced this, even though it is not so according to the law; and how can we nullify their custom? Therefore, it seems to my humble opinion that this depends on the manner of dress. For among the predecessors, Shabbat and weekday dress were equal in their form and appearance, rather the difference was between expensive material and simple material, and the difference was not so recognizable, as the poor also go out on Shabbat in simple material. Therefore, they instituted wearing weekday garments. This is not the case for several generations prior, for on Shabbat there was a completely different appearance to the garments, whether for the poor or the rich. Just as on weekdays they would wear a "klappin" hat, and on Shabbat a "shtreimel." And so too with other garments – it was recognizable to all that this is a weekday garment, such as "kitay," and this is a Shabbat garment, such as silk for the rich, and simple silk for the poor. Therefore, the greats instituted not to follow this custom, because the difference is very recognizable, and it is like mourning on Shabbat. Therefore, I say that in our time, when by the decree of the government we have already changed the appearance of the garments, and Shabbat and weekdays have one appearance, except that the difference is between cheap and expensive – it is certainly proper to uphold the custom of the predecessors. (So it seems to my humble opinion. And know that that which was explained in section 9, that throughout the month of Av a person should avoid etc., it is explained in the Zohar Yitro page 78b that only until Tisha B'Av should he avoid and no more, see there.)

The week in which Tisha B'Av falls—it is forbidden to cut hair and to wash clothes, even if one does not wish to wear it now, but rather to leave it for after Tisha B'Av. And even if one has only one shirt—it is forbidden, unless it is for the honor of Shabbat, as will be explained. And those washed beforehand—it is forbidden, whether to wear or to spread upon the bed. And even hand towels and tablecloths—it is forbidden. And it appears to me that for the honor of Shabbat—this too is permitted, that is to say: since we practice all these matters from Rosh Chodesh, therefore for the honor of Shabbat it is permitted regarding a shirt and towels and the like.

And know that according to the law of the Gemara in Taanit (29b), that which is forbidden to launder—it is only their laundering, for their laundering was clear and beautiful, and not our laundering. And with ours there is no prohibition, only laundering with ironing, which is when they pass a smooth stone over the garments to smooth them. And linen garments—even ironing is permitted. And so they said there, that linen garments are not subject to ironing, and they are like our laundering, and it is permitted. And the reason is because they are close to the flesh, and are constantly filled with sweat, and they are not concerned with ironing them beautifully (Tur). And this which is permitted—it is only specifically to iron them, and to set them aside for after Tisha B'Av. But it is forbidden to wear them during the week in which Tisha B'Av occurs, and this is according to the law of the Gemara there.

But we have the custom to forbid even linen garments, and even with our laundering without ironing, whether to launder and wear, or to launder and set aside. And since our ancestors accepted this as a prohibition, it is consequently forbidden to us by law. For besides this, some say that our laundering is forbidden by law, for that which they said in the Gemara that our laundering is permitted—this was for them in Babylonia, because their waters were murky, since Babylonia is not a land of mountains and valleys like the Land of Israel. Therefore the waters were murky, and they do not launder well as in the Land of Israel. But in the rest of the diaspora, it can be said that it is forbidden as in the Land of Israel, because our waters are good, and it launders well. And furthermore, there is another prohibition, for some say that our laundering is with ironing, for ironing is not a heated stone, but rather water and ash, or natron and soap. And we, do we not launder with natron and soap? Thus it is found that by law it is forbidden, even with linen garments. Behold, in any case, to wear them is forbidden by the law of the Gemara, as we have written. And furthermore, for we see that our linen garments launder well, and on the contrary, with them they perform complete ironing according to all opinions, with natron and soap, and with a heated stone. Therefore, with us by law—every type of laundering is forbidden during the week in which Tisha B'Av falls.

And our custom is to forbid every type of laundering from Rosh Chodesh Av until after the fast, unless it is for the purpose of a mitzvah. For example, a woman who wears white garments—she is permitted to launder, and to wear, and to spread beneath her. And this is until Tisha B'Av. But on Tisha B'Av itself—she shall not wear white garments, but shall only wear a checked and clean shift. And similarly, in honor of Shabbat—we wear linen garments and spread white cloths, as on other Shabbats. And even to launder would have been permitted on Thursday in honor of Shabbat, except that in this we have practiced a prohibition. For behold, even regarding washing we have practiced a prohibition, as will be explained, and certainly regarding laundering. Nevertheless, if he has no shirt to change into in honor of Shabbat—he may launder and wear it (Magen Avraham, subsection 14). But shaving and haircutting—it is completely forbidden from Rosh Chodesh. And only the paring of nails is permitted, and certainly in honor of Shabbat (ibid. subsection 11). And all the more so to comb with a comb, which is permitted every day, for even for a mourner it is permitted, even within the seven days (Sha'arei Teshuva, subsection 16). And know that regarding laundering it is forbidden—even to give it to a non-Jewish laundress, from Rosh Chodesh onwards, even if she will bring it after Tisha B'Av. For it is completely forbidden to engage in laundering from Rosh Chodesh onwards, except for the garments of small children that they wrap them in, which are called "vielach," for it is necessary to launder them every day. However, if they gave them to the laundress before Rosh Chodesh—one need not protest her so that she does not launder them during these days, but he should warn her not to bring them until after Tisha B'Av.

And know, that even though regarding laundering we are only stringent from Rosh Chodesh, regarding haircutting we are accustomed to forbid from the seventeenth of Tammuz, because haircutting is not as frequent as laundering. Therefore, in nine days its prohibition would not be noticeable, and therefore we extend it from the seventeenth of Tammuz. And after Tisha B'Av – they are immediately permitted to cut hair and to launder, and even though there is someone in the Gemara who forbids during the week in which Tisha B'Av falls, both before Tisha B'Av and after Tisha B'Av – we do not rule accordingly, and immediately on the tenth everything is permitted. And it appears that one should wait on the tenth until after midday, as with the eating of meat, which will be explained in siman 558.

According to the law of the Gemara, when Tisha B'Av falls on Sunday, or on Shabbat and is postponed to Sunday—one is permitted in everything during both weeks: for before Tisha B'Av this is not "the week in which Tisha B'Av falls," and the second week is after Tisha B'Av. The opinion of the Tur is to forbid the week preceding it, because this is also called "the week in which Tisha B'Av falls," except on Thursday and Friday—everything is permitted for the honor of Shabbat. However, our custom is not so; rather, we forbid everything from Rosh Chodesh Av onwards, as we have explained, and haircutting from the seventeenth of Tammuz. And that which is forbidden regarding laundering, it is even to launder the garments of a non-Jew for payment. In this, certainly according to the law it is permitted, as there is no joy in them; but rather because of suspicion, so they will not say that she is laundering her own, and therefore in private it is permitted (Magen Avraham subsection 19). And so too if it is known to the public that she is their laundress, or if the garments are recognizable as being theirs (ibid.)—she is permitted to launder them.

New garments—whether white or colored, whether of wool or of linen—it is forbidden to wear during this week, and for us from Rosh Chodesh, for the distinction between wool and linen is only regarding old garments, and not regarding new ones, for new garments involve joy regardless of the material. And all the more so when they are pressed in a press, for they are like laundered garments, which are forbidden by the law even if they are not new. Therefore, laundered Shabbat garments—even old ones—are forbidden (ibid. subsection 20). And even new shoes should not be worn during this week, and for us from Rosh Chodesh, for every new garment or shoe, even if it lacks importance, nevertheless involves a small amount of joy, and is forbidden. But from the seventeenth of Tammuz until Rosh Chodesh—it is permitted to wear a new garment. However, if it is an important garment upon which one must recite the blessing "Shehecheyanu," he should not wear it, according to the custom that we do not recite "Shehecheyanu" during the Three Weeks. Therefore, on a Shabbat when we do recite "Shehecheyanu," as will be explained, it is permitted to wear it (ibid. subsection 21). However, we restrain ourselves from wearing an important new garment from the seventeenth of Tammuz, and even on Shabbat. (The Bach and the Magen Avraham, subsection 18, wrote that a mourner whose thirtieth day falls on the eighteenth of Tammuz—it is permitted for him to shave, since by the law it is permitted, as I have written, and it is only by custom, and in such a case it is like "consecutive mournings," see there.)

And just as it is forbidden to wear new garments and new shoes from Rosh Chodesh onward, so too it is forbidden to repair them and prepare them until after Tisha B'Av. And so too it is forbidden to purchase them. And only for a groom and bride, a young man and a maiden, or a widower and a divorcee who has not yet fulfilled the commandment of procreation—perhaps there is room to permit it, as I wrote in section 7, that for the sake of a mitzvah it is permitted. (That which the Magen Avraham wrote in subsection 23, that according to the Beit Yosef it is permitted to wear them, his intention was from Rosh Chodesh Av, meaning: that only in the week in which Tisha B'Av falls is it forbidden to wear new garments. And therefore, regarding the law of wearing in section 6, he did not write that there are those who forbid from Rosh Chodesh, as he wrote in section 7 regarding their repair. However, for us there is no practical difference, as I have written. Examine it closely and you will find it simple.)

And similarly, a Jewish tailor—it is forbidden for him to sew new garments from Rosh Chodesh, whether for a Jew or for a non-Jew, because of the suspicion that they will say: It belongs to a Jew. However, they have accustomed to be lenient in this, and even if they belong to a Jew, if he received them before Rosh Chodesh—it is permitted for him to fix them. And it appears to me that they only accustomed to be lenient for a wage because of his livelihood, but not for free. And all the more so if it is known and publicized that they belong to a non-Jew, it is permitted. And similarly they have accustomed to give to non-Jewish craftsmen to fix new vessels during this time, so that they will be ready immediately after Tisha B'Av. And even though regarding laundering it is forbidden, as I wrote in section 15, this is because the prohibition of laundering was mentioned in the Gemara, which is not the case for making new garments. And for the needs of a groom and bride—even on Tisha B'Av itself the non-Jew may fix them (ibid. subsection 25). And nevertheless, it is proper to diminish in everything possible, for behold, even in business dealings one should not increase according to several poskim, as I wrote in section 5, and all the more so in a case such as this. And among us, we do not give work from Rosh Chodesh Av, even to a non-Jew, unless it is for the sake of a mitzvah. And know that this which was explained regarding new garments—the same law applies to buying new fine vessels of silver, and cases such as this. And similarly to give to a craftsman to make expensive vessels—it is forbidden from Rosh Chodesh.

It is stated in the Yerushalmi at the beginning of the fourth chapter of Pesachim: Those women who are accustomed not to weave wool from the entry of Av—it is a custom, meaning: it is a good custom, based on the verse "For the foundations (hashatut) are destroyed." And this is the explanation: that the women are accustomed not to make warp threads from wool, from Rosh Chodesh until after Tisha B'Av. And "limshatei" is from the language of "either in the warp (sheti) or in the woof." And why do they do so? Because sheti is a term for foundation, as in "For the foundations (hashatut) are destroyed," and the Beit HaMikdash which was destroyed contained the Even Shetiyah. And they do not make them either for themselves or for others, whether for free or for payment (Taz, subsection 7). And only the warp, but the woof—they may make, and likewise other types of spinning. And as for this, that they were only accustomed regarding wool—I do not know the reason, for if it is to remember the tekhelet and the argaman that were in the priestly garments—behold, there were more garments of shesh. And in truth, in the Yerushalmi before us, the word "wool" (amra) is not present, but rather simply that they "do not weave (limshatei)," based on the verse "For the foundations (hashatut) are destroyed"; and only in the Tur and Shulchan Aruch is "wool" (amra) written.

Our teacher, the Rema, wrote in section 8, that it is the custom not to sanctify the moon until after Tisha B'Av; thus far his words. And there is one who wrote that even after Tisha B'Av, one should not sanctify it immediately after the fast, as he wrote in siman 426 (Taz, subsection 8). However, in the name of the Arizal, they wrote that on the contrary, one should sanctify it on the night following Tisha B'Av, for on it the son of David was born, as is explained in the Midrashim, and so he wrote in Peri Etz Chaim (page 128a), see there. And there are those who cast doubt on the core of this law, for how can we bypass a mitzvah that comes to our hand? And there is also a concern lest one fall ill or die, and not fulfill the mitzvah. Nevertheless, where the custom is established—it is established; but we in our lands—do not wait regardless, because clouds are very common in our lands, and who knows if it will not be covered by clouds? Therefore, we sanctify the moon before Tisha B'Av.

From the law of the Gemara, there is no prohibition against eating meat except on the eve of Tisha B'Av and during the seudah hamfaseket. However, our ancestors already accepted this for many hundreds of years: not to eat meat and not to drink wine from Rosh Chodesh Av until after Tisha B'Av, except for the Shabbat day, in memory of the sacrifices and the libations that were nullified due to our iniquities. There are those who practiced this from the seventeenth of Tammuz, on which the tamid was nullified. And there are those who wrote only during the week in which Tisha B'Av falls, but now in all the lands of our dispersion—the custom is from Rosh Chodesh. And now, in our many iniquities—how many treat this prohibition with contempt! And aside from the fact that they violate a Torah prohibition by reason of a neder, for since our ancestors accepted this custom upon themselves—it is a neder of the collective of Israel. And aside from this, how shall we not be ashamed and how shall we not be humiliated? Behold, many of the nations do not eat for many weeks neither meat, nor milk, nor eggs; and we, the children of Israel, of whom it was said "you shall be holy"—they will not desire to restrain themselves eight days a year, in memory of the house of our holiness and our glory? And regarding the likes of this the prophet said (Ezekiel 36:32): "Be ashamed and humiliated for your ways, O House of Israel," and their punishment is very great.

And other liquids are permitted, and even wine vinegar. And the prohibition applies both to the meat of cattle and to the meat of poultry. Only one who is weak may eat poultry if he has need for it. And there is one who permits the gravy of meat, but the custom is not so. And even meat that was with us from before Rosh Chodesh is forbidden to eat, and even that which remains from Shabbat. And it is not similar to what the Rosh wrote in the first chapter of Chullin regarding the pieces of meat from stabbing that Israel brought into the Land, where they inquired whether they were permitted or forbidden; and the Rosh wrote that the practical difference is for one who vows against a thing, and he possesses some of that thing from before the vow, see there, for that is regarding a new vow and not regarding a vow from generation to generation, and it is like an old prohibition. And regarding a mixture of meat in another thing, it appears that they did not follow the imparting of flavor in this, for they did not decree in such a case. Furthermore, one who vows against wine is permitted a cooked dish that has the flavor of wine in it, as is written in Yoreh Deah siman 216, see there. And even what was wine during these days and turned into vinegar is also permitted (Taz subsection 9). And one who vowed not to eat meat from the seventeenth of Tammuz is permitted to eat on Shabbats, for anyone who vows, vows with the intent of the custom (Magen Avraham subsection 27). And there are those who disagree and require annulment (ibid. in the name of the Bach). However, if he did not speak in the language of a vow, but only in the language of acceptance, it is certainly permitted (ibid.).

There are those who have the custom to hide the shechitah knife from Rosh Chodesh onwards, and they do not perform shechitah except for the purpose of a mitzvah: for a sick person, or for Shabbat, or a milah, and a pidyon haben, and the like. And it is understood on its own that in a large city where there are always several sick people and several women after childbirth, and many of weak health—it is not relevant to hide the knife. And an Israelite who must provide meat for the nobleman—it is permitted to slaughter for him during this week in which Tisha B'Av falls, and for us from Rosh Chodesh, only they should not recite a blessing over the shechitah, since an Israelite does not eat from it. And it is good to see to set aside a piece for Shabbat, or for a sick person or a woman after childbirth who require meat, and he will then be able to examine and recite a blessing over the shechitah. However, if it is impossible for the Israelite to eat from this—he should slaughter without a blessing and without examination. But to perform nechirah—there are some of the great authorities whose minds are not comfortable with this, and some permit it (Sha'arei Teshuva, subsection 28). And it is good to perform nechirah via a non-Jew and not via an Israelite. And in Yoreh Deah siman 117 this was explained, see there. And in a city, the shochtim shall not slaughter until after Tisha B'Av. However, when Tisha B'Av falls on Thursday—they are permitted to slaughter on Tisha B'Av after midday in honor of Shabbat (Magen Avraham, subsection 28). And in places where the non-Jews do not eat meat on Friday and on Shabbat, and there will be no one to whom to sell the hindquarters, or perhaps the animal will be found treif—they may slaughter on Wednesday, before Tisha B'Av (ibid.). And everything is according to the matter, and according to the sight of the eyes of the posek. For in truth there is no reason at all to forbid this, as there is no type of joy here. And it is also not relevant to decree lest he come to eat from it, as there is one who was concerned for this (ibid. in the name of the Abudraham). And these are puzzling words, for it is impossible to eat until the meat is cooked, and he will come to remember. And if it is because of intentional eating—Israelites are not suspected of this.

Our teachers, the authors of the Shulchan Aruch, wrote in section 10: There is one who says that those who practice not to eat meat during the aforementioned days are permitted a cooked dish in which meat was cooked, but are forbidden from salted meat, poultry, and fermenting wine. It is permitted to drink the wine of Havdalah and Birkat HaMazon. We practice to be stringent not to drink wine, neither for Birkat HaMazon nor for Havdalah, but rather we give it to a child. In a place where there is no child, he is permitted to drink the Havdalah himself. Thus far his words. And we practice to forbid a cooked dish in which meat was cooked (Magen Avraham, subsection 29), and such is the simple custom, and one should not change it. Regarding wine for Birkat HaMazon, even without this, we do not practice on weekdays to use a cup for Birkat HaMazon. It is simple that if there is a cup, it should be of beer or mead. However, regarding Havdalah, there are those who practice to drink it, but we do not drink it and we perform Havdalah over beer. Regarding that which they wrote to give it to a child, there is one who inferred from their words that it is permitted to give a child meat and wine during all these days (ibid. subsection 31), but the custom is not so among us. Certainly, a child who needs this because of his weakness is permitted, and even for an adult it is permitted when he is weak to eat poultry, as I have written. Also, pregnant and nursing women, if dairy foods are difficult for them, we certainly permit poultry for them. If there is no poultry, they may eat meat of livestock, for in a place of concern for the health of the body, they did not decree. However, regarding ordinary children, one certainly should not feed them meat dishes, and such is the custom, and one should not change it. That which they wrote to give the Havdalah to children—this is because he himself is also permitted to drink it, as we have written, for if there is no child, he may drink it himself; however, when there is a child, it is better that the child drinks than the adult drinks; and not because it was permitted to give children meat ab initio (and the Magen Avraham requires further study).

They further wrote that regarding a brit milah, pidyon haben, the completion of a tractate, and an engagement feast – all those who belong to the meal may eat meat and drink wine. However, one should be precise not to add guests. And during the week in which Tisha B'Av falls – one may only eat meat and drink wine in a limited minyan, and this is permitted even on the eve of Tisha B'Av – provided it is not during the seudah hamafseket. And anyone who eats meat in a place where they practice a prohibition – is a breaker of a fence, and a snake shall bite him. And it is permitted to drink any beer, even of the substance called mead; thus far his words. And they distinguished between from Rosh Chodesh until the week in which Tisha B'Av falls, for in this week they should see to it that there is no more than a limited minyan, and from Rosh Chodesh there can be more, only that they should not add invitees who have no connection to the brit milah. And if not for the eating of meat they would not have invited them – it is certainly to be prohibited.

And know that there are those who leave the completion of a masekhta for these days in order to eat meat. And it is an unseemly thing, for even though in Moed Katan (9a) it is proven that it is permitted to leave over a small portion of the conclusion for the completion of a mitzvah, as is stated there regarding the building of the Beit HaMikdash, see there, nevertheless, to leave it over ab initio for the sake of eating meat is neither fitting nor proper. And there are those who study a masekhta ab initio in order to make a siyum during these days, and this matter is possible, as it is worthwhile to do so because through this he will engage in Torah. However, one should only invite to the siyum talmidei chachamim who are connected to the study of Torah. And we have not followed the custom of a siyum, and even when a siyum happens to occur during these days—we leave the siyum until after Tisha B'Av, so that we can rejoice in the joy of the siyum for the honor of the Torah as is appropriate.

And that which they wrote "a feast of erusin certainly"—it is a bewildering matter, for it has already been explained that it is forbidden to make a feast of erusin. And there are those who indeed erased this (Magen Avraham subsection 34 in the name of the Shach). And there are those who wrote that it refers to one who does not have a wife and children, who has not fulfilled "be fruitful and multiply," for it is permitted to make a feast. However, according to what I wrote in section 8, even in such a case it is forbidden to make a feast. And there are those who wrote that it does not refer to the time of erusin, and nevertheless it is a mitzvah (ibid.). And this is even more bewildering, for what mitzvah is there in this? And we have already written there that it is forbidden. Therefore, the primary view appears to be like the first opinion, and the Levush also omitted this. And there is one who says that this is for one who does not refrain from eating from the seventeenth of Tammuz, for then it is permitted for erusin, and to make a feast (Eliyahu Rabbah subsection 25). And on the eve of Tisha B'Av regarding a milah—they should do it before midday.

And I have seen the great authorities who explained who they are who are permitted to eat meat at a seudat mitzvah, and the definitions of the relatives and those connected to this (see Magen Avraham subsection 35, and Taz subsection 12, and Eliyahu Rabbah subsection 25). And it is difficult to clarify the details, but in truth there is one general principle in the matter: that whoever would eat at this meal even during the rest of the days of the year—they are permitted to eat meat. But whoever goes only so that he may eat meat, and during the rest of the days of the year would not have been invited to this meal—it is forbidden for him to eat meat, but rather dairy foods. And so it appears explicitly from the words of the Maharil that they cited, see there. And this is the opinion of all the great authorities, and so it is with women as well.

The haircutting that the sages forbade during the week in which Tisha B'Av falls, and for us from the seventeenth of Tammuz: whether the hair of his head or any hair upon him—it is forbidden. Regarding the edge of the mustache: anything that hinders eating is permitted. It is forbidden for adults to cut the hair of minors, for even though there is no mourning for a minor, as they wrote in Yoreh Deah siman 384, that refers to ordinary mourning. However, regarding the mourning of the public, which is a memorial to the destruction of our holy House—it is proper to train the minors as well (Magen Avraham subsection 38). This is not because this mourning is more stringent than ordinary mourning, for on the contrary, there are matters in which we are lenient regarding ancient mourning, as is said in Yevamot (43b), see there. Rather, in this there is training for the fear of Hashem, so that when the minor asks concerning this—they will explain to him the matter of the destruction of the Beit HaMikdash.

And similarly, one may not wash the garments of small children during the week in which Tisha B'Av falls, and for us, from Rosh Chodesh. However, garments in which small children are completely wrapped, in which they excrete and urinate—these are certainly permitted. And even regarding the garments of other small children, it is customary to be lenient, and they should wash them in private. And regarding the cutting of nails—some forbid it (Taz, subsection 13) during the week in which Tisha B'Av falls. And some permit it, as this is in private and is not so noticeable (Magen Avraham, subsection 11). And we are accustomed to be lenient, for also regarding the matter of washing the hands, it is better when the nails are cut.

Our teacher, the Beit Yosef, wrote in section 15: One who was overtaken by consecutive mournings for a deceased relative and for this week, and his hair became heavy—he may lighten it with a razor but not with scissors, and he may wash his garment with water but not with natron or sand. Thus far his words. For us, regarding laundering, this applies when the end of the mourning coincided with Rosh Chodesh, and regarding haircutting when it coincided with the seventeenth of Tammuz, and then it is permitted even with scissors. It is only during the week in which Tisha B'Av falls, where it is forbidden by the law of the Gemara, that we did not permit with scissors, nor prior to that when we practiced it due to mere custom. And similarly regarding laundering from Rosh Chodesh with respect to natron and sand (Bach and Taz, subsection 14). And similarly, there is one who permits for one departing on a journey during the week in which Tisha B'Av falls to launder for himself linen garments as many as he needs for his journey (ibid.), since linen garments are permitted by the law of the Gemara, as I wrote in section 13—one should not be stringent in such a case.

And so it appears in my humble opinion, that all those whom the sages permitted to shave and to wash clothes on Chol HaMoed, as we learned in the Mishnah of "And these may shave," as I wrote in siman 531 – they are permitted to cut hair and to wash clothes even during the week in which Tisha B'Av falls, and certainly beforehand, which is merely a custom. For on the Moed, aside from the prohibition of labor, they also decreed because they should not enter the festival while they are unkempt, as I wrote there. And nevertheless, for these they permitted – certainly regarding old mourning, for it is recognizable to all that they were unable to shave and to cut hair until now, and it is no worse than when mournings followed one after another. And there it is explained all those whom the sages permitted on Erev Shabbat.

There are those who practice not to wash in hot water from Rosh Chodesh, and there are those who do not refrain except during the week in which Tisha B'Av falls. And there are those who fast from the seventeenth of Tammuz. Our custom regarding washing in hot water is to forbid it from Rosh Chodesh, but if Rosh Chodesh falls on the eve of the holy Shabbat – one washes on it in honor of Shabbat, and one does not cancel the bathhouse except on Shabbat Chazon, and not for two Shabbats. But not for the honor of Shabbat, our custom is not to wash even in cold water from Rosh Chodesh onwards. Therefore, one does not go to cool off in rivers and springs from Rosh Chodesh onwards, except in honor of Shabbat. However, one who goes in the morning before prayer to the mikvah – it is permitted, even on the eve of Tisha B'Av, for this is not washing but a tevilah of purity. And on the eve of Shabbat Chazon – one does not wash in hot water. This is the wording of our teacher, the Rema, at the end of section 16: And even on the eve of Shabbat Chazon – it is forbidden to wash except for his head, his face, his hands, and his feet in cold water. And there are those who are lenient regarding washing the head with hot water for one who is accustomed to this every Shabbat; thus far his words. But it is forbidden to wash with soap (Levush and Magen Avraham, subsection 41). And likewise, to wash his entire body – it is forbidden (ibid.). And tevilah in a mikvah: one who immerses every eve of Shabbat – is permitted to immerse also on this eve of Shabbat; and one who sometimes omits it, should not immerse (ibid.).

And know that in our generation they have begun to be lax regarding washing with hot water on the eve of Shabbat Chazon, and it is common in their mouths to say: that one who washes every eve of Shabbat is permitted also on this Shabbat. And it is not so, for our teacher, the Rema, did not permit except for the washing of the head, as I have written. And the bathhouses were always locked on the eve of Shabbat Chazon. And only recently have they begun to be lax, and they are destined to give an account. And it is simple that for medical purposes—it is permitted to wash with hot water, even on the eve of Tisha B'Av.

For the purpose of a mitzvah – washing is permitted, and therefore the niddah washes and immerses. And even if she immerses on the night after Tisha B'Av – she is permitted to wash on the eve of Tisha B'Av, if it is impossible for her to wash on the conclusion of Tisha B'Av. And so too a woman who puts on white garments – she may wash a little as is her way throughout the year, since it is for the purpose of a mitzvah, and she does not do this for pleasure. And all the more so one whose body is not clean – it is permitted for him to wash even in hot water, so that he will be clean.

And our teachers, the authors of the Shulchan Aruch, wrote in section 17: It is good to be careful not to recite "Shehecheyanu" during Bein HaMetzarim over a fruit or over a garment. But over a pidyon haben one does recite it, and he should not let the mitzvah sour. And so too regarding a fruit that will not be found after Tisha B'Av—it is permitted to recite the blessing and eat it during Bein HaMetzarim; thus far his words. And on Shabbat there are those who prohibit, and there are those who permit (Magen Avraham, small subsection 42). And the reason is not due to mourning, for we have not found that a mourner is prohibited from reciting "Shehecheyanu"; rather, since the time is a time of calamity—one should not recite "Shehecheyanu... and has brought us to this time" (ibid.). And there are those who permit reciting "Shehecheyanu" (Taz, small subsection 17). And our custom is not to recite Shehecheyanu from Rosh Chodesh Av onwards, even on Shabbat; but beforehand—we do recite the blessing. And there are those who also from Rosh Chodesh recite "Shehecheyanu."

They further wrote in section 18: That one must be careful from the seventeenth of Tammuz until the ninth of Av – not to walk alone from four hours until nine hours, because during them Keteb Meriri prevails. And students should not be struck during those days; thus far his words, even with a strap. And it appears that the concern is regarding walking on a path, and not in the city. And this is in Midrash Shocher Tov Tehillim, on "A Psalm of one who dwells in the secret place of the Most High," on the verse "of the pestilence that walks in darkness," and this is the wording of the Midrash: "Keteb Meriri" – it is made like a kind of scales and hairs etc., and it prevails from four hours until nine; and it prevails from the seventeenth of Tammuz until the ninth of Av etc. Rabbi Yochanan used to command the teachers not to be striking the children, etc.; thus far his words, see there. And know that many have the custom according to the Arizal to say Tikkun Chatzot during Bein HaMetzarim after midday, except for the eve of Shabbat, and the eve of Rosh Chodesh, and Rosh Chodesh, and the eve of the ninth of Av.