The Laws of the Ben HaMetzarim - “Three Weeks” and Tisha B’Av

[Benaroya Sephardic Center]

The Laws of the Ben HaMetzarim - “Three Weeks” and Tisha B’Av

The time known as the “three weeks” refers to the period between the 17^th day of Tammuz and the 9^th day of Av, which is established as a time of national mourning for the Jewish people. In Hebrew, this time is referred to as Yemei HaMetzarim or Ben HaMetzarim – the days of hardship or the time between hadships/straights (referring to the days between the 17^th of Tammuz and the 9^th of Av). During this time we commemorate numerous national tragedies that occurred and mark their anniversary with specific customs of mourning.

What occurred on these days?

There were five calamities that took place on the 17^th day of Tammuz.

· The first set of tablets containing the “ten commandments” that Hashem gave Moshe on Sinai were broken when Moshe descended from the mountain and witnessed the people engaged in worshipping the golden calf.

· Prior to the actual destruction of the Bet HaMikdash, the daily sacrifice service ceased to take place. This happened on the 17^th of Tammuz.

· During the time of the 2^nd Bet HaMikdash the walls of Yerushalayim were broken by the enemies.

· A Sefer Torah was publicly burned by Apostumus, one of the enemy’s leaders. This demonstration of disrespect for Hashem and the Jewish nation was an insult of the highest caliber and a disgrace of G-d’s honor.

· During the time of the first Bet HaMikdash, an idol was placed in the sanctuary of the temple.

Since the 17^th day of Tammuz is a day on which many tragedies that were an integral part of the process leading to destruction of the Bet HaMikdash and the exile of the Jewish people occured, it is marked as a day of fasting and teshuva. The fast begins at dawn and concludes at Tzet HaKochavim, when three stars appear in the night sky. The exact times can be found on the synagogue’s yellow card. As with most of the fast days (except Yom Kippur and Tisha b’Av), pregnant and nursing women are exempt from fasting. People with certain illnesses that are not life threatening may also be exempt and a rabbi should be consulted before deciding to fast or not fasting.

Additionally, special tefilot are recited during Shacharit and the Torah reading for fast days is read at both Shacharit and Mincha. We also recite a special paragraph referred to as “Anenu,” which is inserted into the beracha of Shema Kolenu of the private Amiddah on fast days. The Sephardic custom for individuals to recite this paragraph at both Shacharit and Mincha. The Ashkenazic custom, however, is for individuals only to recite it at Mincha. The Hazzan recites it at both Shacharit and Mincha in between the berachot of Go’el Yisrael and Refa’enu.

Although we are required to physically abstain from eating and drinking, the essence of the day is not truly the fast. The primary point of the day is to meditate on the loss of the Bet HaMikdash, the exile of the Jewish people, and the causes that brought about these catastrophic events. Our sages teach us that the 2^nd Bet HaMikdash was destroyed because of Sinat Hinam – hatred among Jews. In addition to fasting, this day should include some time for serious consideration of what we can do to increase Jewish unity and love among Klal Yisrael.

There were five calamities that took place on the 9^th day of Av.

· The spies delivered a bad report about Eretz Yisrael and many people expressed their lack of belief in Hashem through mourning over the report

· The first Bet HaMikdash was destroyed

· The Second Bet HaMikdash was destroyed

· The city of Betar fell and countless Jews were murdered

· Jerusalem was destroyed, plowed over, and turned into a roman city full of idolatry

Furthermore, other catastrophes such as the expulsion of the Jews from Spain and the beginning of World War I took place on Tisha b’Av.

As a result, the 9^th day of Av became established as a day of national mourning. In fact, the entire time period known as the “three weeks” from the 17^th of Tammuz until following the 9^th of Av contains various customs of mourning through which we commemorate these events.

From the 17^th of Tammuz until Rosh Chodesh

There are a number of activities that are not permitted from the 17^th of Tammuz until following the 9^th of Av. They include:

· Not getting married

· Not attending concerts or listening to live music (Many poskim include the prohibition to listen to recorded music as well.)

· Not reciting the beracha of Shehechiyanu (on either expensive new clothing or a new fruit)

· The Ashkenazic custom is also to prohibit haircuts and shaving (unless one must shave for work).

From Rosh Chodesh Av until the 9^th of Av

From Rosh Chodesh Av until the 9^th of Av the following activities are also prohibited:

· Beginning construction on a new home or property (unless one needs the space to live in)

· Remodeling or renovating one’s home

· Planting trees or plants in the garden

· New business ventures (One should try to diminish his business dealings during this time.)

· Wearing new clothing, even if it does not require one to recite She’hechiyanu (for Sephardic Jews this applies during the week of Tisha b’Av)

· Ashkenazic Jews abstain from wearing freshly laundered or ironed clothing. Practically, this means that one should “pre-wear” any clothing that will be worn during the nine days for a short time (about a half hour) before Rosh Chodesh Av. Sephardic Jews abstain from wearing freshly laundered clothing only during the week in which Tisha b’Av falls out. Many Ashkenazic Jews and all Sephardic Jews permit freshly laundered clothing to be worn on Shabbat, as there is no public display of mourning of Shabbat.

· Eating meat and drinking wine (Sephardic Jews begin this prohibition after Rosh Chodesh – starting from the 2^nd day of Av.)

· Ashkenazic Jews abstain from swimming and bathing/showering with hot water (in a pleasurable manner) from Rosh Chodesh Av. The Sephardic custom is prohibit these activities only during the week in which Tisha b’Av falls out.

Erev Tisha b’Av

The fast begins at sunset. Although one should ensure to eat a sizeable meal and drink a lot of water in preparation for the fast, there is a symbolic meal of mourning that takes place prior to the fast. This meal, called the “seudat haMafseket,” consists of bread and no more than two cooked foods. Some have a custom to add some ash to their bread. The meal is eaten alone and birkat hamazon is not recited with the “zimun” invitation. Practically, one should eat his “preparatory meal” earlier in the day before consuming the seudat hamafseket.

Tisha b’Av

There are five prohibitions that apply throughout the entire Tisha b’Av, beginning at sunset on Erev Tisha b’Av and continuing until tzet haKochavim (when three stars appear) on Motza’eh Tisha b’Av. They are:

· Not to eat or drink (Even pregnant and nursing women must fast. One who is legitimately ill is not obligated to fast, as well as women who gave birth within thirty days. One should consult his rabbi to discuss the proper course of action in such a case.)

· Not to wash oneself (One may, nevertheless, wash off dirt if his hands became soiled.)

· Not to anoint oneself with creams, lotions, and the like

· Not to wear leather shoes

· Not to engage in marital relations

We only sit on a low chair or the floor until midday on Tisha b’Av. According to the tradition of Kabbalah, one does not sit on the bare floor, but should rather sit on a cloth or cushion.

Additionally, since Torah study is something that increases our happiness, one may not study Torah on Tisha b’Av unless the topic is of a sad nature. Examples include the book of Eicha, the laws of mourning, and the Talmudic accounts of the temple’s destruction.

Arvit

At the conclusion of Arvit on the night of Tisha b’Av, the Megillah of Eicha is read. This book contains the lamentations of the prophet Yirmiyahu upon the destruction of the first Bet HaMikdash. There are also a few kinot (sad poems) that are recited as well. One should be careful not to engage in friendly conversation or greet people on the way home, as it is a day of mourning.

Shacharit

There is a centuries old custom observed by most Jews on the morning of Tisha b’Av. That is that the tallit and tefillin are not worn during the Shacharit service, just as a mourner does not wear his tallit and tefillin on the day of his relative’s burial. Rather, the tallit and tefillin are worn at the Mincha service.

Although this minhag is almost universal, the Sephardic custom in many communities of Jerusalem has been to wear the tallit and tefillin even during the Shacharit service. Nevertheless, due to the fact that this was the practice in Jerusalem, but not in Sephardic communities around the world, there is no universal Sephardic custom regarding the wearing of tallit and tefillin at Shacharit on Tisha b’Av. Therefore, one should follow his family’s custom regarding this issue. Nevertheless, Chacham Ovadia Yosef Z"L advocates following the custom of Yerushalayim and that seems to be a widely accepted practice among many Sephardic Jews. However, if a Sephardic Jew is praying in an Ashkenazic minyan and will be the only one wearing tallit and tefillin at Shacharit, he should not do so since one should follow the minhag haMakom – the custom of the place.

Mincha

Those who did not wear their tallit and tefillin at Shacharit don them for the Mincha service. The special paragraph of “Nachem” is included in the Amiddah by those who are fasting. Only those who are fasting are permitted to serve as the shaliach tzibbur or receive an aliyah.

Arvit/Motza’eh Tisha b’Av

Although one may begin Arvit even before nightfall (provided that he will repeat the Shema after the stars have appeared), the fast is not over until three medium size stars appear in the sky. The definition of when three medium size stars appear is subject to some debate and a few different opinions emerge in rabbinic literature. Therefore, when it comes to rabbinic enactments, the rabbis permit us to use one of the more lenient calculations. In contrast, when dealing with biblical laws, such as Shabbat and Yom Tov, we must use the stringent calculation. The time that the fast concludes is in accordance with one of the more lenient opinions, since the fast of Tisha b’Av is not of biblical origin, but was enacted in the time of the prophets. The time can be found on the synagogue’s yellow card or website.

Birkat Levana

The custom is to recite wait until after Tisha b’Av to recite Birkat Levana since this beracha is supposed to be recited in a state of happiness and the nine days leading up to Tisha b’Av are a somber time. Therefore, immediately after the fast is over we recite Birkat Levana and then return home to break the fast. Some have a custom to break their fast before reciting Birkat Levana.

Concluding Tisha b’Av

During a typical year in which Tisha b’Av does not occur on Shabbat (and is therefore observed on a Sunday), one should not eat meat or drink wine until after midday on the 10^th of Av. This is because the Bet HaMikdash continued to burn down during the 10^th of Av. According to the Ashkenazic custom, one must also wait until after midday on the 10^th of Av before shaving, getting a haircut, and bathing. However, according to the Sephardic tradition all of these activities are permissible after the conclusion of the fast.

One should make sure to use the day of Tisha b’Av correctly – as a day of introspection and contemplation about what was lost and what must be done for the geulah to occur.

May we merit seeing Mashiach come soon and experience the day of Tisha b’Av turned from a day of mourning into a holiday celebrating the final redemption.

Benaroya Sephardic Center at Congregation Ahavath Torah