Daily Moroccan Halachot, Three Weeks, Nine Days & Tisha B'Av

Three Weeks Chart

Posted on Author Magen Avot


Flying and Swimming During Ben HaMetzarimBen HaMetzarim refers to the period between the Seventeenth of Tammuz andTisha Be’Av and is commonly known in English as the “Three Weeks”.  Halachically speaking, there are several levels of increasing stringency: 1. The Three Weeks, 2. The “Nine Days” from Rosh Hodesh Av to Tisha Be’av, 3. The week in which Tisha Be’av falls, 4. The eve of Tisha Be’Av and 5. Tisha Be’Av itself.The Shulhan Aruch (Orah Haim 551:18) says that during the Three Weeks one should be careful not to go out alone between the fourth and ninth hours of the day because of certain demonic forces that are present at that time. It is rare for people to follow this practice nowadays and the Kovetz Halachot suggests that this is because demons are not as common as they used to be. Furthermore, the Vilna Gaon explained that after a certain Jew was killed sanctifying Hashem’sName, these evil forces were nullified. Even though we are lenient regarding this practice, we should be cognizant of the idea that these few weeks are considered to be more dangerous than usual.One area of practical application is swimming during the Three Weeks. Rabbi Ben Zion Abba Shaul (Or Letzion, vol. 3, 25:5) permits swimming during Ben HaMetzarim in a pool or at the beach because these are not considered to be especially dangerous places. Going to the ocean or a turbulent sea may is not advisable, however. It should be noted that during the week of Tisha Be’Av, and some say the entire Nine Days, swimming is similar to bathing, which has certain restrictions.Since the Three Weeks is an inherently dangerous period for the Jewish people and there is a question regarding the propriety of flying during this time. The Kovetz Halachot rules that since flying is no more dangerous than other activities, it is permitted in the Three Weeks, the Nine Days included. Parenthetically, using the same reasoning, he holds that flying does not warrant reciting Birkat HaGomel. Halichot Shlomo suggests that it is preferable not to fly during the period of Nine Days itself. Based on these opinions it would appear that traveling during the Nine Days, and certainly the Three Weeks, is permissible for the sake of a Mitzvah or another important purpose. Even visiting family or friends could be considered a Mitzvah as it is Mekabel P’nei Havero (greeting one’s fellow). For leisure, although not outright prohibited, it is advisable to limit travelling during the Nine Days. Interestingly, the community of Rabbi Haim Palagi enacted a prohibition on all travel during the entire period of Ben HaMetzarim.Summary: Swimming and taking an airplane during the Three Weeks is permitted. It is preferable not to travel during the Nine Days unless it is for an important purpose or Mitzvah.What Purchases are Permitted During the Nine Days ?The Shulhan Aruch (O.H. 551:2) says that as of Rosh Hodesh Av, any joyful business deailngs are forbidden. Examples of joyous dealings include those whose purpose is to expand a business or increase profit. The Mishna Berura (O.H. 551:11) includes the purchase of items needed for a wedding  as joyful transactions and says that those are also forbidden.The custom is to be lenient and permit, however, business that is meant to sustain the status quo.Regarding purchasing a car, Rabbi Moshe Feinstein (Igrot Moshe, vol. III , 80) writes that if the car is for pleasure and one would recite “Sheheheyanu” on it, then it would be forbidden during the entire Three Weeks and all the more so during the Nine Days. However, if the car will serve a vital function, like providing transportation to work, then it would be permitted to buy it. In a similar vein, the Kovetz Halachot (ch. 12, § 14 ) writes that one may purchase furniture or appliances which are necessary for the proper functioning of a home, as long as they are not bought for expanding or renewing one’s home. Thus if one’s washing machine breaks down, for example, one would be able to replace it during the Nine Days. Furthermore, Rabbi Shaul Israeli (Nehamat Israel, ch. 10, comment 13), citing Rabbi Nissim Karelitz, says that silverware and other small home purchases are permitted.  Rabbi Ovadia Yosef (Hazon Ovadia, pg. 168) concurs with these views.According to the Kovetz Halachot (ibid:comment 18) one is permitted to order items online during the Nine Days if they are scheduled to arrive after Tisha Be’Av, since one will not have the opportunity to deal with, much less enjoy them.  Even if the arrive during the Nine Days, if one were to set them aside, it appears that this would be permitted. Similarly, if one purchases items but never actually deals with them, such as if one sells at a later time, this would be permitted.Summary:   Purchases or business deals that involved in expanding a business or a home are not permitted during the Nine Days. Purchases that are vital to the functioning of one’s home are permitted. Online ordering is permitted if the item will arrive after the Nine Days or if they will be set aside till that time.The Nine Days and the Week of Tisha Be’AvAlthough there is no explicit Halacha regarding bathing during the Nine Days, the Shulhan Aruch  (Orah Haim 551:16) says that some had the custom to refrain as of Rosh Hodesh, while others only refrained during the week of Tisha Be’Av. The widely held custom in Morocco was to refrain from bathing during the entire Nine Days (c.f Meshulchan Avotenou Tishat Hayamim).
It would appear that this is a challenging restriction as people nowadays are accustomed to showering daily, especially in the hot summer weather.  distinction is made between bathing for pleasure, such as in hot water, and bathing to remove dirt and other uncleanliness. It should be noted that even on Yom Kippur, washing off dirt is permitted. As such, many rabbis are lenient regarding bathing in lukewarm water as it does not involve the same level of pleasure as hot water. Furthermore, although soap used to be considered a pleasurable accessory to bathing (Levush, ibid.), Rabbi Shmuel Kamenetzky (Kovetz Halachot), Rabbi Moshe Feinstein (Shmatata d’Moshe) and others permit soap since it is used to clean off dirt.*   *   *Within the Nine Days is the week in which Tisha Be’Av falls (“Shavua Shehal Bo [Tisha Be’Av]”) which has a greater level of stringency, such as restrictions on laundry or shaving. As an example, if Tisha Be’Av were to fall on a Tuesday, then Shavua Shehal Bo would begin two days earlier, on Sunday the 7th of Av. This year (5779/2019) presents an interesting case as the 9th of Av is on Shabbat and therefore the fast is pushed off till the following day. In such a case, the Shulhan Aruch (Orah Haim 551:4) rules in accordance with the Yerushalmi (Ta’anit) that there is no Shavua Shehal Bo. Rav Ovadia Yosef (Yehve Da’at, vol. 3, § 39; Hazon Ovadia pg. 223), Rabbi Ben Zion Abba Shaul (Or LeTzion, vol. 3, 27:6) and the Ben Ish Hai (Parashat Devarim) all agree that in such a year there would be no week of Tisha Be’Av, but mention that although laundry would be permitted, one should refrain from shaving or getting a haircut. It should be pointed out that the Moroccan custom is to refrain from shaving for the whole Nine Days, and some even stop shaving as of the Seventeenth of Tammuz.Summary:  Although the original Moroccan custom is to refrain from bathing during the Nine Days. There is room to be lenient if one bathes with lukewarm water to remove uncleanliness from one’s body, even in the week of Tisha Be’Av. During Shavua Shehal Bo, it is forbidden to do laundry, wear laundered clothing and shave. In certain years such as this one (5778) there is no Shavua Shehal Bo and those activities would be permitted, but the custom is to still refrain from shaving or getting a haircut. The Moroccan custom is to refrain from shaving as of Rosh Hodesh Av.
 Bathing during the Nines Days and the Week of Tisha Be’AvAlthough there is no explicit Halacha regarding bathing during the Nine Days, the Shulhan Aruch  (Orah Haim 551:16) says that some had the custom to refrain as of Rosh Hodesh, while others only refrained during the week of Tisha Be’Av. The widely held custom in Morocco was to refrain from bathing during the entire Nine Days.
It would appear that this is a challenging restriction as people nowadays are accustomed to showering daily, especially in the hot summer weather. Therefore, a distinction is made between bathing for pleasure, such as in hot water, and bathing to remove dirt and other uncleanliness. It should be noted that even on Yom Kippur, washing off dirt is permitted. As such, many rabbis are lenient regarding bathing in lukewarm water as it does not involve the same level of pleasure as hot water. Furthermore, although soap used to be considered a pleasurable accessory to bathing (Levush, ibid.), Rabbi Shmuel Kamenetzky (Kovetz Halachot), Rabbi Moshe Feinstein (Shmatata d’Moshe) and others permit soap since it is used to clean off dirt.
*   *   *Within the Nine Days is the week in which Tisha Be’Av falls (“Shavua Shehal Bo [Tisha Be’Av]”) which has a greater level of stringency, such as restrictions on laundry or shaving. As an example, if Tisha Be’Av were to fall on a Tuesday, then Shavua Shehal Bo would begin two days earlier, on Sunday the 7th of Av. This year (5776/2016) presents an interesting case as the 9th of Av is onShabbat and therefore the fast is pushed off till the following day. In such a case, the Shulhan Aruch (Orah Haim 551:4) rules in accordance with the Yerushalmi (Ta’anit) that there is no Shavua Shehal Bo. Rav Ovadia Yosef (Yehve Da’at, vol. 3, § 39; Hazon Ovadia pg. 223), Rabbi Ben Zion Abba Shaul (Or LeTzion, vol. 3, 27:6) and the Ben Ish Hai (Parashat Devarim) all agree that in such a year there would be no week of Tisha Be’Av, but mention that although laundry would be permitted, one should refrain from shaving or getting a haircut. It should be pointed out that the Moroccan custom is to refrain from shaving for the whole Nine Days, and some even stop shaving as of the Seventeenth of Tammuz. Summary:  The Moroccan custom is to refrain from bathing during the Nine Days. There is room to be lenient if one bathes with lukewarm water to remove uncleanliness from one’s body, even in the week of Tisha Be’Av. During Shavua Shehal Bo, it is forbidden to do laundry, wear laundered clothing and shave. In certain years such as this one (5776) there is no Shavua Shehal Bo and those activities would be permitted, but the custom is to still refrain from shaving or getting a haircut. The Moroccan custom is to refrain from shaving as of Rosh Hodesh Av.

 Festive Meals during the 9 DaysThe Shulhan Aruch (Orah Haim 551:2) rules that one may not wed during the Nine Days, however one may get engaged without a festive meal. Although a Seuda is not permitted for an engagement, one may have simple refreshments as are common in what is called a “LeHaim” or “Vort”.Festive meals are not permitted during the Nine Days in and of themselves, however if they are associated with a Mitzvah, they are permitted. As such, if a boy turns thirteen during the Nine Days, a Seuda may be held in honor of his accepting the yoke of Torah and commandments on his Bar Mitzvah. Conversely, holding a festive meal to dedicate a new home (“Hanukat Bait”) is not permitted during the Nine Days since the dedication itself is not appropriate during this time.Another common type of festive meal associated with a Mitzvah which is permitted is a Siyum, the completion of a section of the Talmud. One who invested significant time and effort to complete a tractate of the Talmud may hold a festive meal with meat and wine during the Nine Days and the invitees who came to rejoice with him may partake of this meal as well.  This leniency has created a situation in which restaurants and the like offer daily or hourlySiyumim so that meat could be served in their establishments. This is clearly not in the spirit of the law nor is it appropriate given the mournful nature of this period. Indeed, Rabbi Ben Zion Abba Shaul (Or LeTzion vol. 3, 26:5) questions the propriety of partaking of such a meal by people who are not connected to the person that is holding the Siyum. Furthermore, he mentions that once one has ten participants for the Siyum, one should not invite more people. Therefore it is questionable if such a meal is considered a Seudat Mitzvah for someone who is not connected to the Siyum (such as family or a study partner) and as such eating meat might not be permitted.Summary: Festive meals not associated with a Mitzvah are not permitted during the Nine Days.

 Pregnant or Nursing Women and Tisha Be’Av NidheOne practical implication of Tisha Be’Av being pushed off to Sunday (“Nidhe“) is a leniency with regards to pregnant and nursing women. The Sha’arei Teshuva (O.H. 555:2) notes that a father whose son’s Brit Mila is on a pushed-off fast day is exempt from fasting. He notes that since pregnant or nursing women have the same status as the father, they are also exempt from fasting, as long as they have a little more discomfort than usual.
Rav Ovadia Yosef (Hazon Ovadia, Arba Ta’aniot, pg. 58)  proposes a novel rationale: On the remaining three public fast days (ie. Asara BeTevet, Shiva Asar BeTammuz and Tzom Gedalia), a pregnant or nursing woman is permitted to eat according to the Shulhan Aruch. Nevertheless, if a Brit Mila takes place on one of these fast days, the Ba’alei Habrit (the father of the child, the Sandak and the Mohel) are forbidden to eat. Since on a Tisha Be’Av Nidhe the Halacha is that Ba’alei HaBrit are allowed to eat, then surely pregnant or nursing women are exempt from fasting. 
Rabbi Ben Zion Abba Shaul (Or Letzion, vol. 3. 29:3) rejects this rationale, because it implies that a Tisha Be’Av Nidhe is more lenient than a regular fast day This is certainly not the case, as  the fast of Tisha Be’Av begins the night before and has restrictions that are not imposed on the other fast days. Therefore, he states that a pregnant or nursing woman must fast on Tisha Be’Av, whether or not it is pushed off. Most contemporary rabbis agree with this approach.
Nonetheless, if a woman has weakness or discomfort that is beyond what is to be normally expected during pregnancy, she would be exempt. As well, since Havdala will not be recited until Sunday night this year (5776), in theory one is not allowed to eat until that time. However, a pregnant or nursing woman may drink juice or the like even if Havdalawas not recited if she has any sort of discomfort. Even a pregnant or nursing woman who feels fine but is concerned that fasting may cause issues can drink, but it should it be consumed only in minimal amounts (less than a Revi’it and spaced in nine-minute intervals).
Summary:   When Tisha Be’Av is pushed off to Sunday, pregnant or nursing women who experience discomfort or have a medical condition are exempt from fasting.