005 - הִלְכוֹת תַּעְנִיּוֹת פֵּרֶק ה

Laws of Fasts, Chapter 5

1. There are days on which all of Israel fast because of the troubles that occurred on them, in order to awaken the hearts and open the ways of repentance. This serves as a reminder of our evil deeds and the deeds of our ancestors, which were like our deeds now, until those troubles were brought upon them and us. By remembering these things, we will return to do good, as it is said: "And they shall confess their iniquity and the iniquity of their fathers" (Vayikra 26:40).

2. These are the days: The third of Tishrei, on which Gedaliah ben Achikam was killed, and the remaining ember of Israel was extinguished, leading to the completion of their exile; the tenth of Teves, on which Nevuchadnetzar, the wicked king of Bavel, laid siege to Yerushalayim and brought it into distress and siege; the seventeenth of Tamuz, on which five things happened: the tablets were broken, the daily offering was discontinued in the First Beis HaMikdash, Yerushalayim was breached in the destruction of the Second Beis HaMikdash, Apostomos the wicked burned a Sefer Torah, and he set up an idol in the Heichal.

3. And the ninth of Av, on which five things happened: it was decreed upon Israel in the wilderness that they would not enter the land; the Beis HaMikdash was destroyed the first time, and the second time; a great city was captured, and its name was Beis Tor, and there were thousands and tens of thousands of Israel there, and they had a great king, and all of Israel and the great sages thought he was the King Mashiach, and it fell into the hands of the nations and they were all killed, and it was a great calamity like the destruction of the Beis HaMikdash; and on that day, which is designated for calamity, Turnus Rufus the wicked, one of the kings of Edom, plowed the Heichal and its surroundings, to fulfill "Tzion shall be plowed as a field" (Yirmiyahu 26:18; Micha 3:12).

4. These four fast days are explicitly mentioned in the Prophets: "The fast of the fourth month, the fast of the fifth, the fast of the seventh, and the fast of the tenth" (Zechariah 8:19). The fast of the fourth month is the seventeenth of Tamuz, which is in the fourth month; the fast of the fifth is the ninth of Av, which is in the fifth month; the fast of the seventh is the third of Tishrei, which is in the seventh month; and the fast of the tenth is the tenth of Teves, which is in the tenth month.

5. All of Israel has the custom in these times to fast on the thirteenth of Adar, as a remembrance of the fast that was observed in the days of Haman, as it is said: "The matters of the fasts and their cry" (Esther 9:31). If the thirteenth of Adar falls on Shabbos, they move it forward and fast on Thursday, which is the eleventh. But if one of the four fast days falls on Shabbos, it is postponed to after Shabbos; if it falls on Erev Shabbos, they fast on Erev Shabbos. On all these fasts, there is no sounding of the shofar and no Ne'ilah prayer, but the Torah is read at Shacharis and Mincha from "Vayechal Moshe" (Shemos 32:11). On all of them, one may eat and drink at night, except for Tisha B'Av.

6. From the beginning of Av, we reduce joy. During the week in which Tisha B'Av falls, it is forbidden to cut hair, to launder, or to wear pressed garments, even linen garments, until after the fast. Even laundering to put aside for after the fast is forbidden. The custom of Israel is not to eat meat during this week, and not to enter the bathhouse until after the fast. In some places, the custom is to refrain from slaughtering animals from Rosh Chodesh until the fast.

7. Tisha B'Av—its night is like its day in every respect, and one may eat only while it is still day; during its twilight period, it is forbidden just like Yom Kippur. One may not eat meat or drink wine at the meal that concludes before the fast, but one may drink wine from the press that is three days old or less, and eat salted meat that is three days old or more. One may not eat two cooked dishes.

8. In what case are these words said? When one eats on the eve of Tishah b’Av after midday. But if he ate before midday—even if he made that meal his final meal—he may eat whatever he wishes. And if the eve of Tishah b’Av falls on Shabbos, he may eat and drink as much as he needs, and may set his table even like the feast of Shlomo. Similarly, if Tishah b’Av itself falls on Shabbos, he does not withhold anything.

9. This is the practice for the general populace, who cannot bear more than this. But the early pious ones would act as follows: on the eve of Tishah b’Av, they would bring a person, alone, dry bread with salt, soak it in water, and he would sit between the oven and the stove and eat it; and he would drink a jug of water with it, in worry, desolation, and weeping, like one whose dead lies before him. This is fitting for scholars to do, or something close to it. In our times, we have not eaten a cooked dish on the eve of Tishah b’Av, even a dish of lentils, unless it was Shabbos.

10. Pregnant and nursing women fast and complete the fast on Tishah b’Av. Bathing is forbidden, whether in hot or cold water, even to stick one’s finger in water. Sicha for pleasure is forbidden, as is wearing sandals, and marital relations—just like on Yom Kippur. In a place where the custom is to do work, one may do work; and in a place where the custom is not to do work, one may not do work. In all places, Torah scholars refrain from work on it. And the Sages said: anyone who does work on it will not see a sign of blessing.

11. Torah scholars do not greet each other with “shalom” on Tishah b’Av; rather, they sit, mournful and sighing, like mourners. If an unlearned person greets them, they return the greeting in a subdued voice and with seriousness. It is forbidden to read on Tishah b’Av from the Torah, Prophets, or Writings, or from Mishnah, Halachah, Talmud, or Aggadah. One may only read from Iyov, from lamentations, and from the bad things in Yirmiyahu. Children’s Torah study is suspended on it. Some scholars have the custom not to put on tefillin on the head on it.

12. From the time the Beis HaMikdash was destroyed, the Sages of that generation decreed that one should never build a plastered and decorated building like the palaces of kings; rather, he plasters his house with clay and then with lime, but leaves an area one amah by one amah opposite the entrance unplastered. If someone buys a courtyard that is plastered and decorated, it remains as it is, and he is not required to scrape the walls.

13. Similarly, they instituted that one who sets a table for a meal for guests should leave out a little, and leave a space without a dish from among the dishes that are usually placed there. And when a woman makes silver or gold jewelry, she leaves out one type of jewelry that she usually wears, so that the jewelry is not complete. And when a groom marries, he takes ashes from the hearth and places them on his head at the spot where the tefillin are placed. All these things are to remember Yerushalayim, as it is said: “If I forget you, Yerushalayim, let my right hand forget. Let my tongue cleave to the roof of my mouth if I do not remember you, if I do not set Yerushalayim above my chief joy.”

14. They also decreed not to play any musical instruments at all; all kinds of music and all sounds made for song are forbidden to rejoice with or to listen to, because of the destruction. Even singing with the mouth over wine is forbidden, as it is said: “With song they shall not drink wine.” But all Israel has the custom to say words of praise or songs of thanksgiving to G‑d and the like over wine.

15. Afterwards, they decreed regarding crowns for grooms, that a groom should not place any kind of crown on his head, as it is said: “Remove the turban and take off the crown.” Similarly, they decreed regarding crowns for brides, if they are of silver or gold; but a crown made of braided hair is permitted for the bride.

16. One who sees the cities of Yehudah in their destruction says, "Your holy cities have become a wilderness" (Yeshayahu 64:9), and rends his garment. If he sees Yerushalayim in its destruction, he says, "Our holy and glorious house..." (Yeshayahu 64:10), and rends his garment. From where is one obligated to rend? From the place called Tzofim. And when he reaches the Beis HaMikdash, he rends another tear. If he encounters the Beis HaMikdash first, when coming by way of the desert, he rends for the Beis HaMikdash and adds for Yerushalayim.

17. All of these tearings must be done by hand and while standing. He must rend every garment he is wearing, until he exposes his heart. These tears are never to be fully mended; however, he is permitted to gather, stitch, patch, and sew them in a ladder-like fashion.

18. If one was traveling and coming to Yerushalayim, going and coming—if within thirty days, he does not rend another tear; but if after thirty days, he rends again.

19. All of these fasts are destined to be nullified in the days of Mashiach; and not only that, but they are destined to become days of celebration and joy, as it is said: "So says the L‑rd of Hosts: The fast of the fourth, the fast of the fifth, the fast of the seventh, and the fast of the tenth will be for the house of Yehudah for joy and gladness, and for good festivals; and love truth and peace" (Zechariah 8:19).