Laws of the 9 Days and Tisha B’av
Also includes discussion of the “Three Weeks.”
By Rabbi Noah Gradofsky
Laws of the 9 days: Tisha B’av (the 9th of Av) commemorates the destruction of both of the Holy Temples in Jerusalem as well as many other calamaties in Jewish history (see Mishnah at Ta’anit 26b, though today the practice of including later calamaties including the Holocaust in our reflections on Tisha B’Av is appropriate). The Mishnah (Ta’anit 26b) says “When Av comes in, we reduce our happiness,” but does not prescribe any particular prohibitions In the Talmud, Ta’anit 29b, R. Pappa advises avoiding legal proceedings). Babylonian Talmud Yevamoth 43b indicates that during Av we reduce business pursuits, engagements, building, and planting.
The Mishnah (Ta’anit 26b) indicates that laundering clothing and hair cuts (probably including shaving – Shulchan Aruch Orach Chayim 551:12) are forbidden for the week in which Tisha B’av falls (e.g. if Tisha B’av is on Wednesday, these restrictions would apply from the preceding Saturday night through Tisha B’av. If Tisha b’Av is on Saturday or Sunday most hold that there is no “week in which Tisha b’Av falls”). The Mishnah also indicates that laundered clothing should not be worn during this week week. The Talmud (Ta’anit 29b-30a) discusses, but rejects, some opinions that would extend these prohibitions to the beginning of the month of Av. Thus, the Talmud only forbids laundering clothing/wearing laundered clothing and haircuts/shaving, and only applies these restrictions from the Saturday night before Tisha B’av through Tisha B’av. This is the extent of the law.
The Shulchan Aruch (551:9) notes a practice of some not to eat meat or drink wine during the week in which Tisha B’av falls, or for all of the 9 days (Sefardi practice is generally for the week, Ashkenazi for the 9 days). This restriction is kept through the day of the 10th of Av (according to Rabbi Isserless in the Shulchan Aruch the restriction ends at the midpoint between sunrise and sunset). Eating meat or drinking wine on the Sabbath is not restricted. Note that the Mishnah (Ta’anit 26b) says one may not eat meat or drink wine at the meal before the fast, indicating that eating meat and drinking wine during the 9 days is otherwise halakhically permissible (based on this, the practice of making havdallah over wine during the 9 days seems proper).
The Shulchan Aruch (551:16) also indicates a practice of not bathing either during the week in which Tisha B’av falls, or for all of the 9 days (general Ashkenazi practice is 9 days). This practice is generally understood as restricting only bathing in hot water for purposes of pleasure, but allowing bathing in cold/warm water for cleanliness purposes. Finally, Shulchan Aruch (551:17) mentions trying to avoid having to say shehecheyanu for the 3 weeks.
Ashkenazi minhag (see Rabbi Isserless’s glosses in Shulchan Aruch) adds certain restrictions:
- Weddings during the 3 weeks between the fast of the 17th of Tamuz and Tisha B’av, (more modern practices have begun to spring up to avoid other celebratory activities during these three weeks) (551:2);
- Extending the Talmud’s restrictions of laundering to the beginning of Av. Wearing laundered clothes on Shabbat is not restricted (551:4).
- Extending the prohibition of hair cuts to the 17th of Tamuz (551:4).
We should, however, remember that the Talmud (Ta’anit 29b) says that when Tisha B’av falls on Friday (which does not happen in our calendar), we would be allowed to launder clothing (and it seems to cut hair/shave) on the Thursday before Tisha B’av in honor of Shabbat, even if that means we will be doing so before Tisha B’av. Obviously, the Rabbis placed greater priority on being presentable on Shabbat than they did on their rituals pertaining to the week before Tisha B’av. Therefore, I believe it is particularly appropriate to shave etc. for shabbat during the three weeks and nine days, even for those who avoid such grooming otherwise during these periods. Note : A similar arugment is noted in Tur Orach Chayim 551 in the name of Sefer HaMitzvot Katan with regards to those who apply the restrictions of the week preceding Tisha b’Av to a Tisha b’Av that falls on Saturday.
Laws of Tisha B’av: The Mishnah (Ta’anit 26b) says that on the day before Tisha B’av, we only eat one form of cooked foods, and we do not eat meat or drink wine. The Talmud (30a) understands this as referring only to the last meal before the fast.
On Tisha B’av itself, restrictions go well beyond eating (See Shulchan Aruch Orach Chayim 554). The restrictions include: (a) Washing any part of the body, with hot or cold water, except to get off dirt. Maimonides (Rambam) says this even includes a prohibition of the ritual hand-washing before prayer. (See e.g. Laws of Prayer 7:8); (b) using lotions/oils for pleasurable purposes[1] (c) wearing leather shoes; (d) marital relations; (e) greeting one another; and (f) Learning Torah (written or oral), except the book of Job, certain negative prophecies of Jeremiah, and the Book of Lamentations.
*** MOST IMPORTANT: DO NOT ATTEMPT TO FAST IF IT WILL CAUSE POTENTIAL DANGER. ***
[1] (Footnote added 8/11/24) Although the restrictions of Tisha b’Av generally mirror the restrictions of Yom Kippur (with certain leinencies, such as more room to exempt a sick person from fasting, see Shulhan Aruch 554:6), the restriction on annointing has a leniency for Tisha b’Av. The Jerusalem Talmud Yoma 8:1 and parallels (including Ta’anit 1:6) states that on Yom Kippur annointing is forbidden regardless of whether it is for purpoes of pleassure while on Tisha b’Av annointing for non-pleasure purposes is permitted. The Jerusalem Talmud’s permission for annointing for non-pleasure purposes on Tisha b’Av is adopted by Rambam (Laws of Fasts 5:10) and Shulhan Arukh (Orah Hayyim 554:15). This may reasonably be interpreted to permit the use of deodorant on Tisha b’Av (see e.g. R. Gil Student here).
Note requireing further study: Although I would probably rely on this lenliency, I wonder if where the Jerusalem Talmud refers to annointing for non-pleasure purposes it is referring to medicinal annointing, since in my limited review of the Jerusalem Talmud I don’t think it addresses that issue . This would mean the JT permits medicinal annointing on Tisha b’Av and not on Yom Kippur (Babylonian Talmud Yoma 77b permits annointing for medicinal purposes on Yom Kippur) and that its permission for non-pleasure annointing on Tisha b’Av might not be a basis for permitting annoinging that is not medicinal but also not exactly pleasurable (perhaps the Talmuds don’t even recognize such a category and figure all annointing is either for pleasure, broadly construed, or for medicinal purposes). Note, however, that Rambam Laws of Resting on the 10th Day of Tishrei 3:9 clearly contemplates three categories.
Regarding medicinal annointing on Yom Kippur, the Babylonina Talmud Yoma 77b permits annointment for medicinal purposes on Yom Kippur and to the extent this conflicts with the Jerusalem Talmud, the ruling in the Babylonian Talmud would take precedence. Rambam Laws of Resting on the 10th Day of Tishrei 3:9 and Shulhan Arukh Orah Hayyim 614:1 permit annointing for medicinal purposes on Yom Kippur.