Siman 554

Tisha B'Av is forbidden in eating, and drinking, and washing and anointing, and the wearing of the sandal, and marital relations. And it is forbidden to read in the Torah, Prophets, and Writings, and to study in the Mishnah and in the Midrash and in the Gemara, and halachot and aggadot, because it is said (Psalms 19:9): "The precepts of Hashem are upright, rejoicing the heart." And children of the schoolhouse—are idle on it. And one must understand the reason for the prohibition of children: if it is because of joy—certainly they have no joy when they learn. And in the Midrash on the verse "they journeyed from the mountain of Hashem" it says: like a child fleeing from the schoolhouse. And there is one who says that the reason for the prohibition: because of the teacher who rejoices in the study (Taz, subsection 1). And it is not understood at all, for if so, how do we nullify the study of children of the schoolhouse for the sake of the teacher's joy? And behold, in mourning we hold that when the teacher is a mourner—he must learn with the children, because of the nullification of the Torah of children of the schoolhouse, as is written in Yoreh Deah siman 384. And furthermore: it is known that the teachers also suffer much to explain to them, and therefore their reward is very great, as is found in Bava Batra (8b).

Furthermore, at the end of Taanit (30a), Rava Meir and Rabbi Yehuda disagree: for Rabbi Meir permits reading and reviewing in a place where one is not accustomed, because in this there is pain for him to understand, and Rabbi Yehuda prohibits. And the halacha is like Rabbi Yehuda. And according to the version of the Rif and the Rosh, they also disagree regarding schoolchildren, for Rabbi Meir permits and Rabbi Yehuda prohibits, and likewise the halacha is like Rabbi Yehuda. And it must be understood what is the reason of Rabbi Yehuda, who prohibits in a place where one is not accustomed. Behold, it is certainly a pain for him! And there is one who wrote that his reason is because afterwards he will rejoice when he understands (ibid. subsection 2). But if so, by what reasoning did they disagree regarding children, for regarding children it is not applicable that they will rejoice afterwards? Furthermore: how does Rabbi Meir permit? Behold, for the teacher there is joy at the time of the act, according to the previous reasoning in section 1.

Therefore, it appears in my humble opinion that the matter is as follows: certainly even in the study of Torah there is joy, and also pain in the labor of Torah, even for the greatest individual. For there is no end to the depth of our holy Torah. However, the essence of engaging in Torah gladdens the soul of an Israelite, even though he has pain and labor at the time of the act. And Rabbi Meir holds that a new matter, and likewise children and their teachers, since they have a bit of pain at the time of the act—they are permitted to study. And Rabbi Yehuda holds that the pain is not equal to the essential joy of the soul when it studies the Torah of Hashem; even though he does not rejoice with physical joy in practice, nevertheless the soul of an Israelite rejoices from this. And this is like that which the Rambam, of blessed memory, explained in the second chapter of Divorce, regarding the matter of "we coerce him until he says 'I want to'": because every soul from Israel truly wants to do the will of its Creator, even if the body does not want to, see there. However, regarding the bad matters it is permitted to study, because the soul also has pain from the troubles of Israel. Therefore, even though in the bad matters it is Torah and joy, nevertheless the pain nullifies the joy, and therefore it is permitted. But the pain of the study itself—it does not nullify the joy of the soul from the study of Torah.

And according to this, I say that behold, the commentators of the Shulchan Aruch wrote that even regarding the distressing matters—it is only permitted to read, and not to delve deeply or engage in pilpul with them (Taz at the end of subsection 2, and Magen Avraham subsection 5). And in truth, the matter is very difficult for a talmid chakham who is studying, for against his will the intellect thinks of a difficulty and a resolution, and the like. However, according to what I have written, it sits well, for certainly the taste and sweetness of the Torah exists in all words of Torah, even in the distressing matters, but the grief nullifies the joy. If so, even if he innovates some chiddush, nevertheless, the grief of the troubles is not nullified. (And regarding what is noted in the Magen Avraham there, that the Maharil wrote so, on the contrary, the Beit Yosef brought in his name that through deep study it is even better, for he is pained by his study, see there. Only in the name of the Maharaf did he write that regarding the commentary on Job one should not delve deeply, for it is exceptionally deep, and reasoning is forbidden, see there. And from this there is no proof, for Job is a deep inquiry. And also this, not one of the poskim mentioned this, and also in the Shulchan Aruch he ruled to the contrary.)

And what are these "bad matters"? The Book of Iyov, and the bad matters in Yirmiyah that pertain to Israel; and the words of consolation within them—he skips. And similarly, the evils of Ammon and Moav and the other nations—he skips. And it appears to me that similarly, the bad matters in the other Prophets—it is permitted to read. And that which the Shas considered only Yirmiyah—it is because in Yirmiyah there are many bad matters. And similarly Megillat Eichah, and Midrash Eichah, and the chapter "Elu Megalchin," for the majority of it is in the laws of mourning. And even though there are also laws of distancing and rebukes there—nevertheless they too are like mourning. And it is permitted to study the commentaries on Eichah and Iyov. And similarly, there is one who forbids studying by means of contemplation, for even though we hold: contemplation is not like speech—nevertheless there is joy. And one should not ask regarding that which we conclude after the Kinot with verses of consolation: "Have mercy on Zion...", "I have returned to Jerusalem...", "My house shall be built in it...", "My cities shall yet overflow with prosperity..."—indeed this is like a mere prayer, and not for the sake of study, and it is like when we pray "And may our eyes behold..." and the like. And one should not issue a ruling—except that which is necessary for the moment. And it is obvious that one should not judge a case of Torah law on this bitter day. And nevertheless, if the litigants are pressed for their journey—he may judge for them after midday, and all the more so if the matter concerns a matter of a mitzvah. And everything is according to the sight of the eyes of the teacher.

In prayer there is no change, for it is forbidden in Torah study and not in prayer, except for the blessing "Who has provided me all my needs," which some say should not be said on Tisha B'Av and Yom Kippur, because they walk barefoot. But the entire order of prayer—they shall pray as on every day. And even the passage of the Akedah, and the passages of the sacrifices, and the Mishnah of "Eizehu Mekoman," and the Baraita of Rabbi Ishmael, and likewise the Song of the Sea—even though they are words of Torah, nevertheless since they are from the order of prayer, it is not like Torah study. But the recitation of Tehillim after the prayer, and Shir HaYichud, in a place where they are accustomed to say them every day—they shall not say them. And some say this regarding Mincha, since they are by way of supplication (Magen Avraham, subsection 6). And our teacher, the Rema, wrote in siman 554, section 4: that it is permitted to review the parashah on Tisha B'Av; thus far his words. And if his intention is regarding the weekly parashah—it is a wondrous thing, unless it falls on Shabbat, for it is like the order of the day. (And so wrote the Magen Avraham, subsection 7, and the Eliyahu Rabbah, not like the Taz, subsection 3.)

Pregnant and nursing women fast and complete the fast on Tisha B'Av, in the same manner that they fast and complete the fast on Yom Kippur. However, on the other three fasts, they are exempt from fasting, and all the more so on Ta'anit Esther, and they should not be stringent upon themselves. Nevertheless, it is proper that they should not eat to indulge in food and drink, but only as much as is necessary for the sustenance of the fetus; and so too anyone who is unable to fast. And even on Tisha B'Av, if they are weak such that they are close to falling into illness, even without danger, they are not to fast. And this is the difference between Tisha B'Av and Yom Kippur: for on Yom Kippur one may not eat except in a case of danger, but on Tisha B'Av, even in a case without danger, for in a case of illness the Rabbis did not decree. Therefore the Tur wrote in the name of the Ramban, and so too our teacher, the Beit Yosef, in siman 554 section 6, that a woman after childbirth throughout thirty days, and likewise a sick person who needs to eat, do not require an assessment, but rather one feeds them immediately, for in a case of illness the Rabbis did not decree; thus far his words. And even if it is an illness where one is not bedridden—for if one is bedridden, even on Yom Kippur one does not fast, as anyone who is bedridden is in danger, as is proven in Shabbat (32a), see there, and it will be explained in siman 618 with the help of Heaven. But those with mere aches fast. The general rule of the matter: anyone who is in the category of a sick person does not fast on Tisha B'Av, and anyone who is not in the category of a sick person fasts. And ordinary pregnant and nursing women fast, unless they are weak and close to illness. And minors do not fast at all on Tisha B'Av, even a fast of hours. And one who was lacking mental competence and was healed, and is improving from day to day, should not fast on Tisha B'Av, and should not withhold from himself meat and wine (Magen Avraham, subsection 8, in the name of the Maharil) until he is completely healed, for the fast would return him to his lack of competence, and likewise the withholding of meat and wine, and anything he needs even from the other afflictions, such as washing, anointing, and wearing leather shoes, for he requires much guarding. (Less than the halachic measure is not applicable to Tisha B'Av, as it is midrabbanan.)

Our teacher, the Rema, wrote in siman 554, section 6 regarding a woman who has given birth and a sick person, and this is his wording: However, they are accustomed to fast as long as they do not have great distress that would lead to concern of danger, and one who is lenient has lost nothing; thus far his words. That is to say: they are stringent upon themselves as on Yom Kippur, for as long as there is no danger in the matter – they fast. And there are those who rule accordingly, that after seven days – the woman who has given birth fasts, unless she says "I am in need." And there are those who disagree on this (see Taz subsection 4, and Magen Avraham subsection 9, and Eliyahu Rabbah subsection 8, and Sha'arei Teshuvah subsection 7). And perhaps this was in their days, when the generations were healthy and strong. But now – Heaven forbid for a woman who has given birth to fast on Tisha B'Av within thirty days, for she is still weak, and she is exactly like a sick person. Therefore, one should not allow them to fast on Tisha B'Av.

Washing is forbidden on Tisha B'Av, whether with hot water or with cold water. Even to stick one's finger into water is forbidden. And a mitzvah immersion for a woman is not relevant on Tisha B'Av, as they are forbidden in tashmish. However, in ancient times, when they would observe immersion in its proper time, and it was a mitzvah—they would immerse. However, now there is no immersion in its proper time, due to the doubt of zivut, and therefore they are forbidden to immerse on Tisha B'Av. And a woman who requires immersion on the night following Tisha B'Av—she shall wash and perform chafifah on the eve of Tisha B'Av, and at night on the conclusion of Tisha B'Av she shall perform a small chafifah, so that the immersion will be close to the chafifah, and she shall immerse, as I wrote in Yoreh Deah siman 199. And they also wash a little on the conclusion of Tisha B'Av, and so they have practiced.

And for prayer it is permitted to wash his hands, as it is like a ritual immersion for a mitzvah. And likewise one who enters a bathroom, or urinated – he must wash his hands for the sake of cleanliness, for behold he must recite "Asher Yatzar." However, he should not wash the entire hand, but only according to what is necessary to remove the dirt. And even not for the sake of prayer or a blessing, but rather that his hands were soiled with mud or excrement, and he washes in order to remove them – it is permitted. The general rule of the matter: any washing that is not for pleasure – is permitted on Tisha B'Av. And therefore women who cook on Tisha B'Av, and need to wash some food item in their hands – she washes and need not be concerned, since it is not for pleasure (Eliyahu Rabbah subsection 10).

A person washes his hands in the morning when he rises from his bed, for ordinary hands are considered soiled. And he shall not wash the entire hand, but only until his finger joints. After he has washed his hands, and they are still slightly damp after drying—he is permitted to pass them over his eyes. For his face—it is forbidden to wash, but the eyes with slightly damp hands—it is permitted. However, if there was discharge in his eyes, and it is his habit to wash them with water—he washes until he removes the discharge, for this is like mud or excrement which one washes in his usual manner. And he need not be concerned, since this is not for pleasure, but rather to cleanse the eyes of their discharge.

One who goes to greet the face of his teacher, or his father, or one who is greater than him; or if he goes for the needs of a mitzvah – he may cross through water up to his neck if the way is such, and he need not be concerned since it is not for pleasure. And even upon returning from his journey – it is permitted, for if you do not permit him upon returning – he also will not go, and he will be prevented from a mitzvah. And so too one who goes to guard his fruits so that they will not be stolen, or who is compelled to sell them, and the like, or who goes for his business – he may cross up to his neck in water, and he need not be concerned since it is not for pleasure. But upon his return – it is forbidden, for in this case it is not relevant to say that if you do not permit him the return he also will not go, for he will certainly go because of the loss of his money. And also if he will not go – what do we care? And so too one who comes from the road, and his feet are aching – it is permitted to wash them in water, since it is only to remove pain, and not for the sake of pleasure. And anything that is not for pleasure – is permitted, as I have written.

It is stated in Yoma (78a) regarding one of the sages, that he had a cloth, and he would soak it in water on the eve of Tisha B'Av, and on the next day pass it over his eyes, and wipe his face, hands, and feet with it, see there. And something similar to this is said there regarding Yom Kippur. The Rambam, of blessed memory, regarding Yom Kippur, brings this in the third chapter (Halacha 5) of Hilkhot Shevitat Asor. And regarding Tisha B'Av – he did not bring this. But the Tur in siman 613 in the laws of Yom Kippur brought this, and here also he brought this. And it appears that the opinion of the Rambam is because this matter settles a person's mind, and therefore on Yom Kippur, which is a holy day and requires clarity of mind – it is proper to do so. But on Tisha B'Av – the more his mind is confused the better, since it is a day of sorrow. And in the Gemara, the one who did so also on Tisha B'Av – it was because he was a great istanis, and he was not able to live without this, but not so for ordinary people. And so it is implied from the wording of the Tur there, that this is in order to settle the mind, see there. And the Tur holds that even now there are those with refined temperaments who require this, and so our teacher, the Rema, brought it in siman 554 section 14. And according to their words: he removes it from the water at night, until during the day it is as if dried, and only with a bit of moisture. And they wrote that in such a manner – it is permitted even for pleasure, see there. And it is a wonder, for how is it permitted on Tisha B'Av for pleasure? And it must be said that it is not actual pleasure, but rather to remove his distress. And it requires further study.

Anointing is forbidden on Tisha B'Av, whether anointing the head or anointing the body. And all of this refers to anointing for pleasure. However, one who has scabs on his head, or tzara'at on his body, and needs to anoint – he may anoint in his usual manner and need not be concerned, since the intention is not for the sake of pleasure. Similarly, to comb his head with a comb is permitted, as this too is not for the sake of pleasure, but rather so that he will not need to scratch his head, as is known. However, it is forbidden to wash the hair even with a small amount of water; rather, he should comb them dry, if he has a need and is compelled to do so.

Wearing a sandal—it is forbidden specifically [if it is] of leather. But [if it is] of cloth, or of wood, or of cork, which are tree barks, or of reeds—it is permitted. And [if it is] of wood, or reeds, or cork, and covered with leather—it is forbidden. And likewise, leggings that are partially covered with leather—it is forbidden. And behold, among us they walk in galoshes, which are of some material that appears like leather, but it is not of leather but rather of some type of adhesive. And they call this "rosin," and it appears to be a type of adhesive. And I was concerned that for the most part, adhesive is from boiled leather, and perhaps its law is like leather. However, since they were boiled—they are nullified from their previous name, just as bread when it is boiled—it is nullified from the status of bread. And here too it is so. And even though cooking leather, on the contrary, hardens it, as is implied in Shabbat (79a)—that is with cooking alone. But adhesive is cooking and melting, and in this, it is certainly nullified from its previous name. And behold, even parchment, which is the leather in its entirety, except that they processed it and scraped it—it is changed in all its laws from leather, and all the more so in a case such as this. Nevertheless, shoes of parchment—it is certainly forbidden, since they are actual leather.

And similarly, the mourner and the excommunicated are forbidden from wearing sandals, as on Tisha B'Av. And if they were traveling on the road, they may wear them, for it is difficult to travel on the road without a sandal, and when they arrive at a city they shall remove them. But to a field adjacent to the city, or to the cemetery, it is forbidden to wear a sandal. And in a place where they dwell in a city with the gentiles, they shall not remove them except in the Jewish street. And thus they conducted themselves in ancient times, when the Jewish street was distinct. And now that they dwell mixed together, if there are many of them, such as in large towns, one may be lenient, and now they are very lenient for this reason. However, this is only in large towns, and not in small ones. And it is simple that when rain falls on Tisha B'Av, one is permitted to wear a sandal. And even though regarding Yom Kippur there is no permission except for an istanis, as will be explained in siman 614, nevertheless on Tisha B'Av, which is rabbinic, it is permitted for everyone.

There is one who says that one should not sleep with his wife in one bed on the night of Tisha B'Av. And this is proper because we say "go, go, we say to the nazirite." And it is proper that he should not touch her at night, but during the day – there is no concern. And even at night there is no concern, except for those of youthful days. And they were never careful about this, for Israel is not suspected, Heaven forbid. And on a Shabbat upon which Tisha B'Av falls and is postponed, just as it is permitted in eating and drinking – so too it is permitted in tashmish hamitah. And there are those who forbid tashmish hamitah, and so we practice. And the shamash announces after the Maariv prayer: Matters that are in private apply. And if it was the night of tevilah – he is obligated to perform tashmish, for such is the primary law (see Magen Avraham subsection 20, and Eliyahu Rabbah subsection 19). And it seems that such is the custom, for such is the opinion of most of the poskim. And we do not say "Tzidkatkha Tzedek" at Mincha on a Shabbat upon which Tisha B'Av falls, or when Tisha B'Av is on Sunday. And regarding the matter of "Av HaRachamim" – there are those who say it, and there are those who do not say it, and they should act according to their custom.

Greeting with peace – is forbidden on Tisha B'Av, for it is not a day of peace, just as with a mourner, as is written in Yoreh Deah siman 385. And there, some say that our greeting with peace – is not called a greeting with peace. However, from the Yerushalmi that the Tur cited there, it is explicitly implied that saying "Shalom Aleichem" constitutes a greeting with peace, and therefore one should not be lenient (Magen Avraham subsection 21). And simple people who do not know the law, and offer a greeting – one responds to them in a low voice and with gravity. But not to respond to him at all – is not correct, so that he should not be shamed. And similarly, one should not go and stroll on Tisha B'Av in the marketplace and in the street, for the strolling itself is forbidden on Tisha B'Av. And besides this, it is also easy to come to laughter and lightheadedness, and mockery and jesting. Rather, on Tisha B'Av, when he is not compelled to go out – he should sit in the corner of his house in sadness. And if he is compelled to go – he should go with a bowed head, and hasten to do what is necessary, and return to his house quickly. And also one should prevent those who go to the cemetery, for they go in groups, and the matter is not worthwhile, and the God-fearing refrain from this. And similarly, to say on Tisha B'Av "May the morning of my master be good," and in our language "Good morning" – one should not say on Tisha B'Av.

We learned in a Mishnah in Pesachim (54b): In a place where they were accustomed to perform labor on Tisha B'Av, they may perform it; and in a place where they were accustomed not to perform it, they do not perform it. And the reason: so that they do not divert their attention from mourning (Bartenura). And according to this, it is also forbidden at night (Magen Avraham, subsection 23). And so it is explained from Rashi in Pesachim ibid., see there. But in Taanit (13b) Rashi did not explain thus, see there. And labor that does not involve a delay is permitted (ibid.). And in every place, Talmidei Chachamim are idle, for Talmidei Chachamim do not perform labor even in a place where they were accustomed to perform it. And anyone who wishes to make himself a Talmid Chacham regarding this matter may do so, and we do not say that it appears like arrogance, because the observer says that he has no labor to perform.

And even in a place where they were accustomed not to work—it is permitted to work by means of a non-Jew, but not in a public matter such as building and the like (Sha'arei Teshuva in the name of Knesset HaGedolah). And business for profit and to earn—is like melacha, and in a place where they were accustomed not to work—one does not engage in it. Likewise in merchandise and sitting in shops. And in a place where they were accustomed to work—it is permitted, except that one diminishes business, for even from the beginning of Av—one diminishes business, as I wrote in siman 551. And even according to what I wrote there, that it is only business of joy, nevertheless on Tisha B'Av one certainly diminishes all business.

And in our countries the custom is: until midday not to perform melacha. And the truth is that now the custom is only until after the recitation of the kinot, and it would have been appropriate to extend them until midday, but it is impossible to establish this, due to the pressure of livelihood. However, since they have practiced so – there is no prohibition in the matter, since Tisha B'Av depends on custom according to the law of the Mishnah. Nevertheless, the God-fearing are careful not to perform melacha before midday, and likewise not to open the shop before midday. And all this is regarding extensive melacha, which involves some delay, even the work of a layman. But a matter that involves no delay, such as lighting candles, and tying, and the like – we have no concern with it, even before midday. And likewise one does not make the beds before midday, and one does not sweep the house on Tisha B'Av. And to milk the cows – it is good to do so through a non-Jew, and if it is impossible – he shall milk them himself, for this is like a matter of loss, and melacha for a matter of loss is permitted, in the manner that they said regarding Chol HaMoed. And also during mourning, it is permitted for a matter of loss. And for this reason, when a market day falls on Tisha B'Av – we permit the bakers to bake bread in the morning, so that it will be ready for the market day, for this too is like a matter of loss. And likewise at a fair, or if caravans arrive – it is permitted to buy from them, even in a place where they do not perform melacha, and all the more so to sell. But that which he can do in private – it is better (see Magen Avraham, katan 26).

And our sages, of blessed memory, said at the end of Taanit (30b): Anyone who performs melacha on Tisha B'Av never sees a sign of blessing. And this implies: even in a place where they were accustomed to perform it (ibid. subsection 27). Therefore, everyone should see to withdraw from business on Tisha B'Av as much as he is able. And they further said there regarding anyone who performs melacha on Tisha B'Av and does not mourn for Jerusalem, as it is said (Isaiah 66:10): "Rejoice with Jerusalem and be glad for her, all you who love her; join in her greatly, all you who mourned over her." Therefore, anyone who does not mourn for Jerusalem will not merit to see her joy. And anyone who eats and drinks on Tisha B'Av, regarding him it is said (Ezekiel 32:27): "And their iniquities shall be upon their bones," for in the bones of the deceased it is recognizable if he drank wine or water, as it is brought in Niddah (24a). And so too anyone who eats meat and drinks wine at the seuda hamafseket, and for us, from Rosh Chodesh Av. And anyone who mourns for Jerusalem will merit and see and rejoice in the building of Jerusalem and the Beit HaMikdash, speedily in our days, Amen. And one should not write chiddushei Torah on Tisha B'Av.