Chapter 124 : Chapter 124 Laws of Tishah beAv

---

§1

In the evening, upon entering the synagogue, you should remove your shoes¹Maharil writes that shoes should be removed before leaving the house to go to the synagogue. (See Mishnah Berurah 553:5) (as we have written at the conclusion of the previous chapter). It is customary to remove the covering of the Torah Ark, because it is written, "He has carried out His word" (Lamentations 2:17) (for explanation, see 124:3 below) and to have only one light in front of the Chazzan. We pray Maariv in a low and tearful voice, like mourners. We do not say Nacheim (comfort) until the Shemoneh Esrei of Minchah of the next day. After the Shemoneh Esrei, the Chazzan says the whole Kaddish including tiskabbeil, and everyone sits on the floor. Then a few lights are lit, sufficient for the congregation to say Eichah (Lamentations) and Kinnos. Eichah and kinnos are also recited in a low, tearful voice. When saying Eichah, a short pause should be made between one verse and the other, and a slightly longer pause between one chapter and the other. At the beginning of each chapter of Eichah, the Chazzan raises his voice a little more. The last verse of each chapter should be said in a loud voice, and when he reaches the verse Hashiveinu etc. (Bring us back), the congregation recites it aloud. The Chazzan then concludes the reading, and the congregation repeats Hashiveinu etc. aloud, and the Chazzan does the same. After that, Ve'atah kadosh (You are the Holy One) is recited by the congregation and the complete Kaddish without tiskabbeil is said by the Chazan, since it says in Eichah, "He shuts out My prayer" (Lamentations 3:8). The next morning at Shacharis, tiskabbeil is again omitted in the Kaddish. It is not said until Minchah. A person who prays by himself, because he can find no minyan (quorum of ten males thirteen years and older), should also recite Eichah and Kinnos.

---

§2

You should express grief in the manner of your sleeping. For example, if you are accustomed to sleep on two pillows, you should sleep only on one. Some people have the custom to sleep on the floor during the night of Tishah beAv, and to put a stone underneath their head as a reminder of what was said, "And he took some of the stones of the place etc.," (Genesis 28:11). Our Sages comment that Jacob foresaw the destruction of the Beis Hamikdash and said, "How frightful" etc. (verse 17). It all depends on the person's attitude.²A pregnant woman or any weak (or sick) person is not obligated to do any of these things. (Ibid. 555:7)

---

§3

In the morning, we do not put on the tefillin, because tefillin are called an "ornament." Neither do we put on the large tallis, because it is written, "Bitza imraso" (Lamentations 2:17), and the Targum translates, "He tore his purple cloak apart." But you should put on your tallis katan (small tallis) without saying a berachah.³If you removed your tallis katan at night, some maintain that you should say a berachah when you put it on in the morning. (Ibid. 555:2) You should go to the synagogue a bit earlier than usual.⁴If starting Shacharis early will cause the congregation to conclude saying Kinnos much before midday, it is better not to start too early. (Ibid. 559:16) No light should be lit for the prayers.⁵At Minchah, however, lights may be lit. (Ibid. 559:15) Again, prayers should be said in a low and tearful voice. We do say Mizmor Lesodah (a Psalm of thanksgiving). In the repetition of the Shemoneh esrei the Chazzan says Aneinu (Answer us) between Ga'al Yisrael (the Redeemer of Israel) and Refa'einu (Heal us), as on every other public fast day. He does not say the Birkas kohanim (priestly blessing).⁶This rule is not mentioned in Mishnah Berurah. After the Shemoneh esrei, he says half-kaddish. We do not say Tachanun or Keil erech apayim (O' God, slow to anger), because Tishah beAv is called a moed. A Seifer Torah is taken out and the section Ki solid banim etc. is read (When you will have children) etc. (Deuteronomy 4:25), is read for three persons. It is proper for the one called up, to say quietly, Baruch dayan ha'emes⁷This custom is also not mentioned in Mishnah Berurah. (Blessed is the true Judge) before saying the berachah. After the reading of the Torah, half-kaddish is said, and the haftarah is read of the chapter, Asof asifeim, [I will destroy them completely] (Jeremiah 8:13) in the tone of Eichah. The Seifer Torah is then replaced in the Ark. Everyone is seated on the floor to say Kinnos.⁸During the saying of Kinnos, it is forbidden to walk out of the synagogue or to engage in conversation which interrupt your thoughts and feelings of mourning the destruction. Light-headedness is always forbidden in the synagogue, and certainly so on Tishah beAv, a day of mourning over the destruction and the consequent exile of our people. (See Mishnah Berurah 559:22) The saying of kinnos should be drawn out, until close to noon. Then Ashrei (Fortunate are those) is said omitting Lamenatzei'ach, (For the conductor), and we say Uva letziyon go'eil [A redeemer shall come to Zion] etc., but we omit the verse Va'ani zos berisi [And as for Me, this is My covenant], for it would appear, as if He established a covenant for the Kinnos, and, besides, it would be inappropriate to say Va'ani zos berisi etc., Lo yamushu mipicha etc. (My words shall not depart from your mouth), since no one is studying Torah, as Torah study is forbidden (on Tishah beAv). But at a mourner's house, during the entire year, except on Tishah beAv, the verse should be said, for, although the mourner is not studying Torah, those that come to console him are not exempt [from Torah study]. Then, Ve'atah kadosh is said (And You are the Holy One) etc., followed by the complete kaddish, omitting tiskabbeil, then Aleinu (It is our duty) is said, and the mourner's kaddish. We do not say Shir hayichud (Song of God's Unity), nor Shir shel yom (Song of the day), nor Pittum haketores (The incense mixture). It is proper for everyone to read Eichah afterwards

---

§4

If there is a mourner in the town, he should go to the synagogue on the night (of Tishah beAv) and also during the day,⁹Other Poskim maintain that during the first three days of mourning, he should not go to the synagogue. Rav Shlomo Kluger ruled that he should not go at night, when only a limited Kinnos is said, but by day, when the majority of Kinnos is said, he is permitted to go. After the three days, however, he may go, even at night. (See Mishnah Berurah 559:24 and also Shaar Hatzion 22) (and stay) until the conclusion of the Kinnos. He is permitted to receive an aliyah and to read the haftarah,¹⁰This rule is not mentioned in Mishnah Berurah. because we all are mourners (on Tishah beAv).

---

§5

The words of the Torah gladden the heart, as it is said, "The precepts of Hashem are upright, gladdening the heart" (Psalms 19:9). Therefore, it is forbidden to study Torah on Tishah beAv, except for subjects that sadden the heart, such as the chapters of the book of Jeremiah,¹¹According to Shulchan Aruch 554:2, it is also permitted to study commentaries on Jeremiah and Job. regarding the ominous events he prophesied, omitting the verses of consolation. Also the verses foretelling the punishment to be meted out to the nations of the world that are written there, should be omitted. It is also permitted to study the Book of Job, as well as Midrash Eichah. [The following Talmudic selections may also be studied:] the Talmud, chapter Eilu megalchin, (Moed Katan, 3rd chapter), which deals with the laws of a mourner, and a person who was excommunicated, and the Aggadic portion of the chapter Hanizakin (Maseches Gittin 55b), and in the Jerusalem Talmud, the last part of the Maseches Ta'anis, which discusses the destruction of the Beis Hamikdash. But even the chapters you are permitted to study, you are forbidden to study in depth, to find an answer to a difficult question or a homiletic interpretation, for that would gladden the heart. Any subject you, yourself, are permitted to study, you are permitted to teach to children. You are permitted to read the entire order of daily prayers, even the Mishnah of Eizehu mekoman¹²The portion of prayers that deal with the order of sacrificial offerings should not be said, with the exception of the daily sacrifice. (See Mishnah Berurah 554:7) (What is the location [of the offerings?]). But you should not say Ma'amados, even if you are accustomed to saying it every day.

---

§6

Even if pregnant and nursing women suffer very much, they are required to complete the fast, unless, God forbid, this might endanger their health. However, a sick person, even if his condition is not critical, should be lenient, and should not complete the fast, but fast only for a few hours.¹³If this, too, is difficult for him, he need not fast at all. (Ibid. 554:14) This is especially true if he is weak by nature. A woman, from the seventh until the thirtieth day after giving birth, is governed by the same halachah that applies to a sick person, whose condition is not critical, even though she is not really sick. However, if she feels that she is in perfect health and the fast will not harm her, she should complete the fast. Those who must eat on Tishah beAv should not enjoy an elaborate meal, but should eat no more than they need to preserve their health.

---

§7

You are forbidden to wash yourself, whether in hot or cold water. Even dipping your fingers in water is forbidden. But only washing for pleasure is forbidden, however, when it is not for pleasure, it is permitted. You may, therefore, wash your hands in the morning. But you should be careful to wash only your fingers, for this constitutes the mitzvah of washing in the morning,¹⁴The berachah al netilas yadayim (over washing the hands) should not be said, until after you have gone to the bathroom and washed your hands. (Ibid. 554:21) to remove the evil spirit, that rests on the fingers. After you dry your hands a little, while they are still slightly damp, you may pass them over your eyes.¹⁵You may also pass them over your face and hands as well. (Ibid. 554:22) If your eyes are sticky and you usually wash them in the morning, you may wash them now also, as usual, and you need not be concerned about it.¹⁶This is similar to removing mud or other dirt, which you are permitted to wash, as mentioned in the following halachah. Similarly, if your hands are soiled with mud or other dirt, you may wash the dirty spots. After going to the bathroom, you may wash your hands lightly in the usual manner.¹⁷Mishnah Berurah rules that you may wash your hands, only till the knuckles (i.e. the fingers only). (613:6) Also, for the Minchah service, you should wash your fingers.

---

§8

Women who need to rinse the foods used in cooking, are permitted to do so, because their purpose is not to wash their hands. If you are on your way to perform a mitzvah, and the only way you can get there is by crossing a stream, you may cross it on your way there and on returning, and you need not be concerned about it. However, if you are going for business, you may cross it on your way going, but on your return trip it is forbidden.¹⁸You are permitted to go because it may involve monetary loss, but there is no reason to permit the return. (Ibid. 554:25) (The return trip is permitted, when you go to do a mitzvah because you might hesitate to go, knowing that you cannot return, but this consideration will not prevent you from going, if it means financial gain or the prevention of a loss.) If you return from the road and your feet feel weak, you may bathe them in water.¹⁹This is not considered pleasure, but, rather, for health reasons. (Ibid. 554:26)

---

§9

Although only bathing for pleasure is forbidden, nevertheless, a woman whose time for tevilah (immersion) occurs on the night of Tishah beAv should not do the tevilah, since marital relations are forbidden (on Tishah beAv). (Regarding the putting on of white undergarments, see chapter 159 below).

---

§10

Applying cream, too, is forbidden only, if it is done for pleasure.²⁰It is, however, permitted to apply cream etc., in order to remove perspiration. (see Biyur Halachah 554:15) But a person who has pimples or needs it for any other medical treatment, may apply cream or ointment.

---

§11

Wearing shoes is forbidden only, if they are made of leather. Shoes made of cloth or similar material, which do not have leather soles,²¹Mishnah Berurah rules that if the upper shoe is leather, they are forbidden, even if the soles are wooden. Similarly, if the soles are made of cloth and the upper shoe is leather, it, too, is forbidden. (554:31) may be worn. People who have to walk among non-Jews, as a rule wear leather shoes, in order not to be ridiculed, but they should put some earth in their shoes.²²This halachah is not mentioned in Mishnah Berurah in this context. See, however, following note. Nevertheless, a pious person should observe the law stringently. Storekeepers are surely forbidden to wear leather shoes. Our Sages, of blessed memory, ruled that since it is very exhausting, a person who has to go a long distance on foot is permitted to wear leather shoes.²³In this situation, you should put some earth in your shoes. (Ibid. 554:33) But when he approaches a city, he must take them off. But a person riding in a vehicle is forbidden to wear leather shoes.

---

§12

It is forbidden to have marital relations. One should be strict about this, and not even touch his wife.

---

§13

You are forbidden to greet your neighbor on Tishah beAv, even to say "good morning," or any similar greeting. If an unlearned person or a non-Jew says hello to you, you may answer in a low voice, for otherwise, they would be angry with you. It is also forbidden to send a gift to your neighbor, because this is a form of greeting.

---

§14

You should not stroll in public places, in order to avoid laughter and frivolity. Some authorities forbid smoking the entire day, while others permit it in the afternoon, in the privacy of the home.

---

§15

It is our custom, that any work requiring time, even work for which no skill is required, is forbidden the night (of Tishah beAv), and in the daytime, until noon. But work that does not take long to do, like lighting candles or tying a knot, is permitted.²⁴Regarding writing, Eliyahu Rabbah, in the name of Knesseth Hagedolah, says that you may be lenient; and Mateh Yehudah says that writing on Tishah beAv is governed by the same rules as on Chol haMoed. (see Biyur Halachah 554:22) In the afternoon, all work is permitted. It is also the custom to forbid doing business before noon, but to permit in the afternoon.²⁵However, it is best not to get involved in your business, to the extent that you will forget that it is a day of mourning. This also applies to working. (Mishnah Berurah 554:49) However, a God-fearing man should be stringent in his observance the entire day, and not do any work, nor do any business, so that his mind should not be distracted from mourning.²⁶Shulchan Aruch 554:24 rules that one who does work on Tishah beAv will not see any blessing from that work. Mishnah Berurah explains that he will not see blessing from the profit made from working on Tishah beAv. See note 25, that this refers only in a situation where he completely forgot that it is a day of mourning. It is permitted, however, to instruct a non-Jew to do any kind of work for you.²⁷This does not include building or exterior work that is in the public view which is forbidden. (Ibid. 554:46) Any work, that if not done, would entail a loss, you are permitted to do yourself. Milking the cows preferably should be done by a non-Jew, but when that is impossible, you are permitted to do it yourself.

---

§16

It is the custom not to sit on a bench (or chair), either at night, or in the day until the afternoon; but to sit only on the floor.²⁸You are permitted, however, to sit on a mat or pillow. You may also sit on a low stool, if you find it difficult to sit on the floor. (Ibid. 559:11) In the afternoon, it is permitted. However, the other things that are forbidden, are forbidden until the stars appear.

---

§17

It is customary not to start preparing the meal before noon, but (if the meal is) for the purpose of a mitzvah, it is permitted.

---

§18

If there is to be a bris, the bris should be performed after the saying of the Kinnos has ended. The father and the mother (of the infant), the sandak and the mohel, may put on their Shabbos clothes in honor of the bris.²⁹Nevertheless, they are forbidden to wear leather shoes. (Biyur Halachah 559:8) After the bris, they should take them off. Candles should be lit in honor of the bris, and the cup of wine is given to a child to drink.

---

§19

At the Minchah service, we put on the tallis and the tefillin,³⁰Those who also put on the tefillin of Rabeinu Tam should put them on at this time. (Mishnah Berurah 555:4) saying the berachah over them.³¹Mishnah Berurah rules that you should not say Kerias Shemah, or the Chapter kadeish, which is usually said when putting on tefillin, because at Minchah time, this would merely constitute the reading of Torah chapters, which is forbidden on Tishah beAv. (Ibid. 555:5) The Shir shel yom (Song of the day) is said, as well as the other things that were omitted in the Shacharis service.³²Although some have the custom to recite tehillim (Psalms) in the afternoon, Mishnah Berurah indicates that it is best not to do so, citing the custom of Posen to recite on the following day, the portion of tehillim, which ordinarily would have been said, had it not been Tishah beAv, in addition to the regular portion of the day. Mishnah Berurah also maintains that the passage of Pitum haKetoras, which deals with the compounding of the incense-offering, as well as other passage dealing with sacrificial-offering, should not be said even at Minchah. (Mishnah Berurah 554:7) (The Psalm Lamenatzei’ach, the verses of Uva Letzion go’eil, that were omitted at Shacharis (see paragraph 3) are not to be said at Minchah, and tachanun is also not said at Minchah.) Then Ashrei and half- kaddish are said. We read the Torah and the maftir, as on any other public fast day. Then the seifer Torah is replaced in the Ark and the Chazzan says half- kaddish, after which the Shemoneh esreih is said. We insert Nacheim (Console, O God) in the berachah Velirushalayim (And to Jerusalem). If you forgot to say it there, you should say it after Aneinu (Answer us),³³Kitzur Shulchan Aruch’s ruling is based on Taz, which Mishnah Berurah says is only a singular opinion, citing other Poskim, who refute Taz. The proper way, according to Mishnah Berurah, based on Mateh Yehudah is to say insert Nacheim before saying Vesechezenu (And may our eyes behold) and to conclude with Vesechezenu, until its concluding berachah. (see Mishnah Berurah 557:2; also Biyur Halachah 557:1) but you should not conclude the prayer, with Baruch menacheim [Blessed … Consoler] etc., but with Ki atah shomei'a (For You hear the prayers) etc. But if you did not realize it until after you said Baruch atah Hashem [Blessed are You, Hashem], you conclude the berachah Shomei'a tefillah [Who hears prayer]³⁴See note 33 above. and continue praying according to the regular order, and you do not have to repeat [the Shemoneh esrei]. The Chazzan, in the repetition of the Shemoneh esrei, recites the Birkas kohanim (Priestly Blessing). After the Shemoneh esrei, he says the whole kaddish with tiskabbeil. We then take off the tefillin and pray Maariv.³⁵This is based only on the assumption that Minchah will be concluded at a time, when it is permitted to pray Maariv. If the moon is shining, we recite Kiddush levanah (Sanctification of the moon).³⁶Mishnah Berurah cautions that Kiddush levanah should not be recited, without wearing your shoes. (Ibid. 426:11) See 97:11 above, where it is stated that you must taste some food first.³⁷However, if a large number of people will be saying Kiddush levanah, together, it is proper to recite it with them, even before tasting food. (Ibid. 426:11; Shaar Hatzion 9)

---

§20

We are taught in a Beraisa, "On the seventh day of Av, the heathens entered the Beis Hamikdash. They ate and drank and wreaked havoc in it on the seventh and eighth days, and on the ninth, towards evening, they set fire to the Beis Hamikdash, and it continued to burn throughout the tenth day until sunset. The reason the fast was not set for the tenth day, although the greater part of the Beis Hamikdash was burned on that day, is because the beginning of a punishment is felt more severly. In the Jerusalem Talmud it is stated, "Rabbi Avin fasted on the ninth and on the tenth," ( Maseches Taanis 4:6). Rabbi Levi fasted on the ninth and on the night of the tenth. Because he did not have the strength to fast the entire tenth day, he fasted during the night only. But as for us, since our strength has waned, we fast only on the ninth, but we impose a stringency on ourselves, in that we do not eat meat, nor do we drink wine, during the night of the tenth day, nor on the tenth day until noon, unless it is at a meal that is considered a mitzvah. Also, the berachah Shehecheyanu should not be said; neither should you take a bath, or a haircut, or wash clothes, until noon of the tenth day. A person who imposes upon himself to observe all the above-mentioned restrictions for the entire tenth day of Av, is to be praised.³⁸This rule is not mentioned in Mishnah Berurah. If the tenth of Av occurs on erev Shabbos, you may bathe, take a haircut and wash immediately in the morning, in honor of the Shabbos.

---

§21

A woman who has given birth, although she fasts after seven days [after giving birth], is permitted, on the night of the tenth, to eat meat and drink wine.

---

§22

It is proper not to have marital relations on the night of the tenth, unless it is on the night of her tevilah (immersion), or if he is going on a trip, or returned from a trip.