Nine Days & Tisha B’Av 5785 – Intriguing Questions & Answers
Buying Clothes for After Tisha B’Av for Camp
Q: Some bochurim finish the zman on Rosh Chodesh Av, and some travel to summer camps immediately after Tisha B’Av. If a boy’s mother didn’t manage to buy him clothing beforehand, is she allowed to buy him new clothing after Rosh Chodesh Av, since it will be very difficult to do so later — as he’ll already be leaving the house on the 10th of Av [Some poskim permit to purchase clothing during the nine days if it will be delivered afterwards, however in this scenario there isn’t any time to receive the clothing on the 10th]?
A: It would appear that she should not, based on the following reason, although in certain case she could purchase clothing as will be explained below:
Regarding the prohibition of buying new clothes during the Nine Days, we are stringent based on the Rema (Orach Chaim 551:7), and the Mishnah Berurah (§49) writes that even if one does not intend to wear them until after Tisha B’Av, it is still forbidden — similar to the prohibition on doing laundry even if one doesn’t plan to wear the clothes right away. This prohibition does not only apply to expensive clothing, but rather all new garments should not be purchased during this time.
However, in Igros Moshe (Vol. 3:80), he writes that if someone does not have shoes that are permissible to wear on Tisha B’Av and forgot to buy them beforehand, it is permitted to buy them during the Nine Days. Nonetheless, I heard from Mori V’Rabi, Maran HaRav Avigdor Nebenzahl, shlit”a, that even in such cases, one should be stringent.
However, some Poskim permit buying clothes after Rosh Chodesh Av — as long as it is not during the week in which Tisha B’Av falls — if the person will be traveling immediately after Tisha B’Av and it will be difficult to buy them afterward. This is also the opinion of Rav Shlomo Miller, shlit”a, cited in Shoshanas Yisrael. The reasoning is based on Sha’ar HaTziyun (41), which rules that laundry by a Jew is prohibited before the week of Tisha B’Av, but may be permitted before that if it is a pressing need. The same would apply to buying clothes as well.
As for whether the halachah would differ if there is a big sale on the clothing: While the Mishnah Berurah (§11) allows business transactions in a case of financial loss, it appears that buying new clothes remains forbidden regardless — since it involves not only the joy of commerce but an independent prohibition against acquiring new garments. However, in Kuntres Shiurei Halacha by Rav Shmuel Felder, shlit”a, he quotes Rav Yisroel Gustman, zt”l, who permitted buying clothing during the Nine Days in the case of significant financial loss — if the sale is a substantial discount and such an opportunity will not come again.
Children Eating Grape Juice Ices
Q: Can small children who are not yet of chinuch age eat grape-flavored ices (ices made with grape juice) during the Nine Days? This often comes up at camps, where people may not pay attention to the flavor.
A: Generally, it is permitted for children who have not yet reached the age of chinuch. For we know that it is the accepted minhag not to feed meat and wine even to children below chinuch age — as the Mishnah Berurah (§70) quotes from the Degel Meravavah, disagreeing with the Magen Avraham — based on the fact that it is customary to hide the shechitah knife, implying that even for kids we do not shecht — and therefore it is best to avoid giving children grape juice ices or baked goods kneaded with grape juice.
In Nishmas Yisrael (Ch. 23, note 320), he cites Rav Yosef Shalom Elyashiv, zt”l, as ruling that even drinks with real grape flavor (even if the blessing is shehakol) are forbidden to drink during the Nine Days. Accordingly, ices made with real grape juice should not be eaten during this time — but for small children under the age of Chinuch, it is permitted.
Havdalah for Women on Tisha B’Av That Falls on Motzaei Shabbos – Clarification!
Last week we posed the common question: On a related topic, the following are a brief halachic ruling about Havdalah for women when Tisha B’Av falls on Motzaei Shabbos.
When Tisha B’Av falls on Motzaei Shabbos, Havdalah with a kos is not recited until after the fast ends on Sunday night. A sick person who must eat on Tisha B’Av, however, should make Havdalah before eating, as ruled by the Knesses HaGedolah — the accepted practice today, even though some argue on it.
If a woman needs to eat on Tisha B’Av: Some Poskim hold that if there is a sick man who will be making Havdalah on wine, she should fulfill her obligation by hearing it from him. If no one can do it for her, she should say “Baruch HaMavdil bein kodesh l’chol” at the conclusion of Shabbos and then eat, without a full Havdalah. After the fast ends, she should hear Havdalah with a kos from her husband.
However, many Poskim hold that a woman may herself make Havdalah on Motzaei Shabbos in such a case, even on grape juice or chamer medinah, this is the accepted ruling amongst many poskim. Although since it is subject to a dispute each person should follow the guidance of their Rav.
When Learning Hilchos Aveilus on Tisha B’Av, Can One Also Learn the Laws of Tummas Kohanim?
Q: I am familiar with the halacha that on Tisha B’Av and during the week of mourning period for an avel, it is forbidden to learn torah since it brings joy, and Chazal have permitted one to learn only sad things like the laws of Aveilus. My question is that a few sections in the middle of Hilchos Aveilus are the simanim of the laws of Tummas Kohanim (priestly impurity) — must one skip those simanim while learning, or since it was printed together with the halachas of aveilus it is permitted to learn on Tisha B’Av or the week of mourning?
A: The Shulchan Aruch states (OC: 554:1–3-YD:384), The reason they permitted the study of the laws of mourning as mentioned above is because they were not afraid that it would lead to joy. In any case, other laws that do not contain things that are regrettable may not have been permitted at all and should be skipped.
In the sefer Chochmas Adam (25:10), it is written that it is permissible to study all these pages from the Moed Katan 3rd perek called מגלחין even though it contains matters of excommunicated laws etc:, and it is also permissible to study the laws of expulsion and excommunication in the Shulchan Aruch.
Although in the sefer Kra Ali Moed Hilchos Bin Hamezrim (Chapter 8, Note 4) he mentioned that he heard from Rabbi Nissim Karelitz zt”l that it is forbidden to study the issues in this chapter from the laws of Chol Hamoed and they should be skipped.
However, the ruling we give over is to permit the learning of the whole chapter and all the simanim of Shulchan Aruch. In addition when Rabbi Chaim Kanievsky zt”l was asked this question he said one should learn the whole chapter and doesn’t have to skip any parts.
From Harav Avigdor Neventzhal Shlit”a I heard that he was always bothered how the Shulchan Aruch permitted to study the whole 3rd perek which includes halachos of chol hamoed and other areas besides mourning, however he said this is the halacha and therefore when studying that section in Shulchan Aruch one could learn all the simanim brought in that section even the laws of priestly impurity, and he added that one doesn’t have to learn all the simanim in order — even if he started with the laws of priestly impurity it is permitted since it is included in the section which is inclusively permitted to learn on Tisha B’Av.
Cleaning the House After Chatzos on Tisha B’Av
Q: On Tisha B’Av, is it permitted to tidy up the house after chatzos if the mess is from a seudas mitzvah that took place a few days earlier — e.g., tables and chairs left out of order — or is this considered a melachah one should not do?
A: There are several reasons for the prohibition against doing melacha or tidying the house on Tisha B’Av. The Magen Avraham, quoted in the Mishnah Berurah (554:43), writes that it is due to the concern of distracting oneself from mourning. Therefore, since the mourning lessens somewhat after chatzos, there is room for leniency.
The Ran at the end of Maseches Ta’anis addresses why Tisha B’Av is not fully like regular aveilus, where an avel may not do any work all week. Why then do we permit work on Tisha B’Av after chatzos? The Ran offers several answers: Even regarding regular aveilus, we find that it becomes more lenient over time, as the first three days are stricter regarding certain halachos. Furthermore, we know that Tisha B’Av is called a moed, and also that it is a day of affliction rather than mourning per se.
Aruch HaShulchan (554:21) permits cleaning the house after chatzos. Still, if one can delay it until after the fast, that is preferable. However, if done by a non-Jewish cleaning lady, then based on the Shulchan Aruch and the Beur Halacha, it is permitted to have her do work after chatzos — even if the request was made on Tisha B’Av itself. The Beur Halacha brings an opinion that it must be requested before Tisha B’Av, but concludes that since it doesn’t distract a person, it is permitted to request even on Tisha B’Av.
Regarding washing dishes: it is prohibited before chatzos, even via dishwasher, and even afterward, one should only wash what is needed for after the fast. However, using a dishwasher or gloves is permitted, as this avoids direct hand contact with water — which is forbidden even without the intent to wash, as implied in 554:10, See Shu”t Machzeh Eliyahu 1:87.
Showering on the Morning of the 10th of Av Before Chatzos — When Necessary
Q: If someone has a flight on the morning of the 10th of Av before chatzos, may he take a shower beforehand due to concerns of odor and embarrassment while sitting among strangers on the plane? Or must he wait until after chatzos at his destination?
A: Ideally, one should refrain from bathing until after chatzos on the 10th of Av, since the Beis HaMikdash continued to burn until then, as noted in Shulchan Aruch (558:1), the Taz (§1), and the Mishnah Berurah (§3).
What the Shulchan Aruch states (551:4) about being allowed to bathe immediately after the fast refers only to basic handwashing or similar, not full-body bathing. See also Beur Halacha s.v. ad chatzos, and Shut Rivevos Ephraim vol. 1 §387.
However, when there is significant sweat or dirt — especially when there is concern for kavod habriyos — it is clearly permitted to remove it, even with a regular shower. See Shu”t Teshuvos V’Hanhagos vol. 2 §260. I also heard this directly from Rav Avigdor Nebenzahl, shlit”a, that in a case of need and kavod habriyos, one may bathe.
In Conclusion: In any situation of significant need, it is permitted to do things that are ideally avoided, such as bathing, even before chatzos. See Chut Shani on Hilchos Shabbos vol. 2 (pg. 328) and Rivevos Ephraim vol. 5 §377.
Construction Work on the Morning of the 10th of Av
Q: May construction workers begin building on the morning of the 10th of Av, even before chatzos?
A: Leading Poskim have ruled that it is permitted to allow them to do construction work even before chatzos on the 10th of Av.