Halacha for Monday 1 Av 5771 August 1 2011

When Av Begins, Happiness is Decreased

The Jewish Nation’s Fortune during the Month of Av
Although we customarily implement some mourning customs during the entire “Three Weeks” as we have mentioned in previous Halachot, when the month of Av begins until following the tenth of Av, additional customs of mourning are implemented, for the destruction of the Bet Hamikdash occurred during the month of Av. Our Sages say that these days are troublesome for the Jewish nation and their fortune does not shine during this time. Indeed, the Gemara in Masechet Ta’anit (26b) tells us, “When Av begins, happiness is decreased.” Thus, if a Jew has a pending court-case with a non-Jew, he should try to avoid having it during this time and he should try to postpone it for after the tenth of Av.

Transactions Linked to Happiness
From the day of Rosh Chodesh Av, we abstain from performing transactions linked to happiness, such as purchasing furniture for a new bride and groom, purchasing gold and silver jewelry, and the like. Regarding other transactions that are not linked to any particular joy, such as purchasing furniture for one’s home, purchasing a new car, and the like, although it seems proper to be stringent and abstain from doing so, nevertheless, the custom is indeed to be lenient. It is preferable that one not bring new furniture or a new car to his house during these days, for this causes him to be happy.

Eating Meat and Drinking Wine
The prevalent custom among the Jewish nation is that during the “Nine Days,” which is the period between Rosh Chodesh Av until the tenth of Av, we abstain from eating meat and drinking wine besides for on Shabbat (we shall, G-d willing, discuss this detail in depth in a following Halacha). Today, Monday, Rosh Chodesh Av, one is still permitted to eat meat and drink wine, for Maran Harav Ovadia Yosef Shlit”a writes that it was only customarily prohibited from the day following Rosh Chodesh Av, i.e. from tomorrow, Tuesday, the second of Av. However, the Ashkenazi custom is to be stringent and to refrain from eating meat and drinking wine even on the day of Rosh Chodesh itself.

The Week during which Tisha Be’av Falls Out
Additional mourning customs are observed during the week during which Tisha Be’av falls out, including the prohibitions to wash one’s body with hot water, launder clothing, and wear freshly-laundered clothes. However, the Ashkenazi custom is to prohibit washing one’s body from Rosh Chodesh Av with either hot or cold water (which means that they customarily follow two stringencies: the first being the prohibition of washing as early as Rosh Chodesh Av, and the second being that they even prohibit washing one’s body with cold water). Nevertheless, even according to the Ashkenazi custom, if one lives in a place with a hot climate, such as Israel, or if one sweats profusely for whatever reason, he may wash his body with water that is not hot even during the week during which Tisha Be’av falls out. This is because the Ashkenazim only accepted these stringencies upon themselves in their countries, which had a cooler climate; this is especially true since personal hygiene is very important. Thus, one may be lenient regarding this matter when necessary, as we have explained above. Hagaon Harav Moshe Feinstein Shlit”a rules accordingly.

Purchasing Items for a Bride and Groom 
Maran Harav Ovadia Yosef Shlit”a writes that if a wedding date was set for immediately following Tisha Be’av and the groom has not yet fulfilled the Mitzvah of “being fruitful and multiplying” (meaning that he did not yet father a boy and a girl), all of the necessities of the bride and groom may be purchased during these days. Even if one has the opportunity to purchase these items after Tisha Be’av, for instance if the wedding is on the fifteenth of Av, if one is concerned that the price of the items may rise in the meantime, these items may indeed be purchased during these days, as long as there is due concern for monetary loss.

When the Mourning Customs of “The Week of Tisha Be’av” Take Effect
This year, 5771 (2011), Tisha Be’av falls out on Tuesday of next week. Thus, the customary mourning practices applying to the week during which Tisha Be’av falls out begin being observed from this coming Sunday, the day following this coming Shabbat.

Summary: There are four levels of varying severity regarding the mourning customs observed during these days. The lowest level is from the Seventeenth of Tamuz until Rosh Chodesh Av. The second level is from Rosh Chodesh Av until the tenth of Av. The third level, which is more stringent than the former, is during the week during which Tisha Be’av falls out. The fourth level, most stringent of all, is the day of Tisha Be’av itself, which is a day of mourning and fasting, as we shall discuss.

8 Halachot Most Popular

Shofar Blowing

There is a positive Torah commandment to hear the Shofar blasts on Rosh Hashanah, as the Torah states, “A day of blasts shall it be for you.” It is forbidden to speak between the various sets of Shofar blasts and this is certainly the case during the time the Shofar is actually being sou......

Read Halacha

 The “Shehecheyanu” Blessing

Our Sages teach us (Eruvin 40b) that one should recite the “Shehecheyanu” blessing upon seeing a new fruit that renews once a year. Even if one sees this fruit in the hands of another person or on the tree, one should recite the “Shehecheyanu” blessing. Nevertheless, the P......

Read Halacha

So that We May Refrain from the Injustice of Our Hands

During the Ne’ilah prayer, the prayer that culminates all the Days of Awe recited towards the conclusion of Yom Kippur, we state: “And You, Hashem our G-d, have given us this Yom Kippur etc. for pardon, forgiveness, and atonement so that we may refrain from the injustice of our hands and......

Read Halacha

Parashat Naso in the Diaspora

(From the teachings of Maran Rabbeinu Ovadia Yosef ztvk”l) (written by his grandson HaRav Yaakov Sasson Shlit”a) (translated by our dear friend Rav Daniel Levy Shlit”a, Leeds UK) Trading Places! The Parashah states, “The sacred offerings of each individual remain his ......

Read Halacha


Repenting for Speaking Lashon Hara and Rendering a Mistaken Halachic Ruling

Question: If I have spoken Lashon Hara (evil slander) about my friend, must I confront him and tell him what I have done in order to request his forgiveness? Also, what is the law regarding a rabbi who has ruled stringently on a matter when, in fact, there is actually room for leniency, must he ask ......

Read Halacha

Some Details Regarding the Prayers of the Days of Awe

“Hashem Wants Our Heart” One should try to focus as much as possible on one’s prayers throughout the year, especially during the Days of Awe, and not pray hastily, G-d-forbid. Rather, one should calmly, with utmost concentration, and in a supplicating manner. We must remember t......

Read Halacha

Rosh Hashanah Which Coincides With Shabbat

This coming year (5787), Rosh Hashanah will fall out this coming Shabbat and Sunday, G-d-willing. Let us discuss several unique laws relevant to this year. “Bameh Madlikin” When Rosh Hashanah coincides with Shabbat, Kabbalat Shabbat is recited before Arvit; however, the “Bameh ......

Read Halacha

Transferring Another’s Judgment Into the Hands of Heaven

Question: Is it correct that one may not transfer another’s judgment into the hands of Heaven, i.e. requesting that Hashem punish an individual who caused me harm if I am correct? Answer: When our matriarch Sarah saw that she was barren, she gave her maidservant, Hagar, to her husband Avrah......

Read Halacha