Tisha Be’Av is a unique day in the Jewish calendar. Although there are several other days that carry an air of somberness, such as Rosh Hashanah and Yom Kippur, the only day of the year that connotes tragedy is Tisha Be’Av. On Tisha Be’Av the order of the day is mourning.
On Tisha Be’Av we mourn the glory that once was and today is no longer. We cry over the Divine Presence that was once immanent. We weep over the tragedy of exile, over our lengthy journey from exile to exile, persecution to persecution.
The Gemara writes that after the Destruction it would be correct to prohibit the consumption of meat and wine throughout the year. However, in recognition of human nature and of the need to live on, this injunction was never made. We cannot feel the tragedy of Tisha Be’Av the year round. For this purpose a single day a year is set aside.
In the present article we will discuss some of the basic halachos of Tisha Be’Av. A single article cannot of course do justice to all the laws and intricacies of the day, which are many. However, we will outline the main halachic principles and explain how they are applied. Please note that the article does not touch the laws of fasting itself.
The Practices of Shabbos Chazon
Like the Shabbos before Yom Kippur and that preceding Pesach, the Shabbos before Tisha Be’Av has special significance. In preparation for the forthcoming day of mourninga special portion is read for the haftarah, parts of which are read with the distinctive Tisha Be’Av melody. This haftarah gives the Shabbos its name: Shabbos Chazon.
Shabbos remains Shabbos – a day of pleasure and completeness on which mourning is generally forbidden. This leads to dispute among authorities as to whether one demonstrates signs of mourning on Shabbos Chazon.
According to the Rema, the mourning of Shabbos Chazon does not violate the prohibition against public mourning on Shabbos. Although for private grief it is not permitted to show any public sign of mourning on Shabbos, the national tragedy of the Churban is different from a person’s private grief. Therefore, he rules (551:1) that weekday garb is worn on Shabbos Chazon and melancholy tunes are sung in shul.
The Vilna Gaon disagrees. He contends that there is no difference between mourning the loss of the Beis HaMikdash and mourning a private loss. In both cases all public displays of mourning on Shabbos are forbidden (Mishnah Berurah 551:6). Those who follow this approach, which has become the common custom, wear Shabbos clothes on Shabbos Chazon and sing regular tunes in shul.
Seudah Mafsekes
After Shabbos Chazon, the next halachic milestone on the course to Tisha Be’Av is the day before (erev) Tisha Be’Av. There are several halachos that pertain to the day before Tisha Be’Av. In particular, some apply mourning practices starting the afternoon before Tisha Be’Av, including refraining from Torah study. However, the principle halachah for erev Tisha Be’Av is eating the Seudah Mafsekes.
The Rema writes that before Mincha we eat a regular meal, in order to have strength to fast. Closer to the beginning of the fast we have a final meal which is the Seudah Mafsekes – the interruption meal before the fast commences.
The primary source for this special meal is a Mishnah (Taanis 26b) ruling that the Seudah Mafsekes may have no more than one cooked dish. This means that the meal consists of bread, uncooked items and one cooked dish – but no more. The Mishnah also rules that one may not eat meat nor drink wine at this meal – though the Ashkenazic custom today is to refrain from these for the duration of the Nine Days.
The prohibition against eating meat and wine at the meal recalls the meal of an Onen (somebody whose close family member passed away but was not yet buried) who is also forbidden to eat meat and wine. Indeed, the Gemara states that Rabbi Yehudah used to eat the meal in the most uncomfortable place in his house, and appeared like a mourner whose deceased beloved lay before him.
Our custom is to eat the Seudah Mafsekes while sitting on the floor (Shulchan Aruch 552:7). However, one is not required to remove one’s shoes beforehand (Rema 552:7).
Although the Mishnah rules that it is permitted to eat cooked food at the seudah hamafsekes (provided one eats no more than one cooked course), the Gemara describes Rabbi Yehudah’s meal as dried bread dipped in salt and washed down with tepid water. The common practice of eating bread with a hard-boiled egg (Rema 552:5) is based on this precedent. The custom is to dip the bread into ashes instead of salt (Rema 552:6).
Eating Alone
There is a dispute among authorities whether three men who eat the meal together are required to perform the Zimun (Tur). For this reason, one should preferably eat the meal alone, so as not to enter into an obligation of Zimun (see Beis Yosef; Shulchan Aruch 552:8).
In addition, one should preferably eat the meal alone in order to contemplate the ramifications of the Churban (Tur 552, quoting Rosh; see also Beis Yosef 552 citing Rabbeinu Meshulam, who adds that this fulfills the Pasuk in Eicha (3:28), “Let him sit alone and be silent”).
In practice, the Mishnah Berurah (552:19) rules that even where three men ate together, a Zimun is not performed because their eating together is not considered a keviyus (a fixed sitting worthy of Zimun).
When Does the Fast Begin?
After completing the meal one may continue to eat and drink, provided one has not made a positive mental decision to begin the fast with the completion of the meal. If one decides to begin the fast with the meal’s completion, one may no longer eat or drink.
Following the meal, some authorities maintain that a firm and unequivocal mental decision is sufficient to initiate the fast, so that one may no longer eat or drink (Bach; Gra). Others rule that only a verbalized decision initiates the fast (Beis Yosef; Rama).
In any case one is required to begin to fast at sunset.
Tefillin on Tisha Be’Av
A mourner does not wear Tefillin on his first day of mourning. Authorities dispute whether the day of Tisha Be’Av is similar to the first day of mourning or not. Some rule that the loss of the Beis HaMikdash is greater than regular mourning, so that one may not wear Tefillin on Tisha Be’Av. This was the opinion of Maharam, as cited by the Tur (Orach Chaim 555; Rabbeinu Yerucham, quoted by Beis Yosef).
The Rosh, however, whose opinion is likewise cited by the Tur, maintained that it is permitted (and therefore obligatory) to wear Tefillin on Tisha Be’Av. In this opinion, the day of Tisha Be’Av cannot be compared on a binding level to the first day of mourning, since Tisha Be’Av remains a commemorative day, and is distinct from an actual day of Shiva.
As a compromise, Ashkenazi practice is to refrain from wearing Tefillin until Mincha. Thus, the morning is treated like the first day of Shiva, while the afternoon is treated as the other days of Shiva when it is permitted (and obligatory) to wear Tefillin.
Some Sefardim follow the Ashkenazi practice just mentioned. Others wear Tefillin during Shacharis and remove them before the reciting of Kinos, which is the principle time of mourning. A third custom is to wear Tefillin at home before leaving for shul in the morning, but not to wear them in public.
Torah Study on Tisha Be’Av
With the exception of passages related to the Destruction and other sad and somber texts, it is forbidden to study Torah on Tisha Be’Av. The reason for this is that Torah study gladdens the heart, and is therefore inappropriate while mourning a tragedy.
There is a dispute among authorities concerning Torah study for children. The Gemara states that Torah elementary schools must be closed, yet some rule that children may study Torah on Tisha Be’Av because a child is coerced to learn Torah and does not enjoy it (Taz 554:1). According to this logic, a child who wants to learn Torah on his own on Tisha Be’Av should not be discouraged from doing so, since his learning is not out of enjoyment (Biur Halacha).
However, other authorities rule that children are forbidden to learn Torah like adults (Bach and Magen Avraham), and it appears that this is the common custom.
Working on Tisha Be’Av
The Mishnah states that it is permitted to work on Tisha Be’Av if one lives in a place where this is the accepted practice (Pesachim 54b).
The Mishnah concludes that Torah scholars customarily do not work on Tisha Be’Av even if they live in a community where the practice is to be lenient. Furthermore, the Gemara (Taanis 30b) states that an individual will not see any blessing from work performed on Tisha Be’Av, meaning to say that he will not profit from the work in the long run.
The Mishnah cites a second dispute, concerning whether or not it is meritorious for a regular person to imitate Torah scholars and to also refrain from working on Tisha Be’Av. It is meritorious according to Rabbi Shimon b. Gamliel, but the Sages disagree, arguing that it is pretentious for someone who is not a Torah scholar to act as the scholars do.
Although Rabbi Shimon ben Gamliel agrees with the Sages that one may not behave pretentiously, he argues that not working on Tisha Be’Av does not demonstrate such behavior since people can assume that he simply has no work on that day (Pesachim 55a; Berachos 17b). The idea of performing Mitzvos pretentiously is known a “yuhara” (for further detail see the article we have published on the subject).
With regard to working on Tisha Be’Av, the Shulchan Aruch (Orach Chaim 554:22) rules that it is permitted to refrain from working, in accordance with Rabbi Shimon b. Gamliel.
Washing Floors on Tisha Be’Av in the Afternoon
Some have the custom to wash the floors and clean the house on the afternoon of Tisha Be’Av.
This custom is based on a tradition that the Mashiach will be born on Tisha Be’Av afternoon, and that it is therefore appropriate to anticipate the Redemption and to strengthen people’s hopes and prayers (based on Beis Yosef 554 and Kolbo).
Although this seems like unnecessary work on Tisha Be’Av that should be postponed, Poskim rule that one should not discourage those who follow this custom (Birkei Yosef 559:7).
This halachah provides us with a positive note on which to conclude. Although Tisha Be’Av is a unique day commemorating tragedy, it is also a day of hope. In fact, we do not recite Tachanun on Tisha Be’Av (or on Mincha preceding it) because the day is called a Mo’ed, a festival.
We know that although we remain in thick darkness, the light will ultimately emerge from the darkness itself. Then the day of Tisha Be’Av will turn from sorrow to joy, from mourning to celebration and those who participated in the mourning will merit to share in the happiness.
May we hear Besoros Tovos. May Hashem save us from out troubles. And may the Redemption come speedily.
