Halachot from the Bet Midrash of Rabbi Ovadia Yosef zt"l
Part 1: Laws Pertaining to Tisha B'Av
There are five categories of abstinence which must be observed on Tisha Be’av: Eating and drinking, washing one’s self, rubbing one’s body with oils or lotions, wearing leather shoes, and marital relations. Our Sages also prohibited learning Torah on Tisha Be’av, for the words of Torah gladden the heart. The only portions of Torah that one may delve into on Tisha Be’av are the book of Iyov (Job), the prophecies regarding the destruction of the Temple in the book of Yirmeya (Jeremiah), the portions of Midrash and Talmud regarding the destruction of the Temple, the laws of mourning, and the like. One may likewise learn Mussar works which arouse one to repent and humble the heart.
On Erev Tisha Be’av, one may only eat until several minutes before sunset. The five categories of abstinence we have mentioned above take affect beginning from sunset.
One may not wash one’s body on Tisha Be’av with either hot water or cold; this applies to one’s entire body or even just partially. One may not even stick one’s finger into water (for pleasure). Thus, on the morning of Tisha Be’av, one should wash one’s hands (“Netilat Yadayim”) only until one’s knuckles the way one washes the rest of the year, i.e. three times on each hand while alternating hands, and then recite the blessing of “Al Netilat Yadayim.” After using the restroom, one should wash one’s hands the same way, only until the knuckles.
One should not wash one’s face on the morning of Tisha Be’av; rather, after washing one’s hands, before drying them while they are still wet, one may rub them over one’s eyes. If one has eye residue or any other filth in or around one’s eyes, one may wash the affected area. If one is extremely concerned about one’s personal hygiene and does not feel at ease with himself without washing one’s face in the morning, one may indeed do so on the morning of Tisha Be’av.
A new bride who is still within thirty days of her marriage may wash her face on the morning of Tisha Be’av so that she does not become repulsive to her husband.
Regarding the fast of the Seventeenth of Tammuz (and other such public fasts), if it is extremely difficult for one to abstain from brushing one’s teeth on the morning of the fast, one may act leniently and brush one’s teeth while taking care not to swallow even a drop of water. Additionally, one must take care not to put a “Revi’it” (81 ml, approximately 2.7 fluid oz.) of water into one’s mouth at once. Nevertheless, on Tisha Be’av one should not act leniently unless one will suffer immensely without doing so or if one suffers from bad breath, in which case, one may indeed act leniently on the condition that one tilts one’s mouth downwards in order that the water not reach one’s throat (in addition to the aforementioned conditions). One may not rely on this leniency on Yom Kippur though.
Part 2: The Laws of the Last Meal Before the Fast of Tisha Be’av This Year (5776)
On Erev Tisha Be’av, our Sages prohibited eating meat and drinking wine during the last meal before the onset of the fast of Tisha Be’av held after halachic midday. They likewise forbade eating two cooked foods during this meal. Nevertheless, this year, 5776, since the fast of Tisha Be’av is observed on Sunday, “Erev Tisha Be’av” will thus coincide with Shabbat. Thus, in honor of Shabbat during which observance of mourning customs is forbidden, our Sages said that during this meal (which is actually Seuda Shelishit, the third Shabbat meal and the last meal before the fast) one may eat and drink one’s fill and “one may serve on his table like a feast of King Solomon during his reign.”
Among the Rishonim, we find two different ways to explain this statement of our Sages: Some explain that when they said that “one may serve on his table like a feast of King Solomon during his reign,” this does not mean that one may not abstain from eating meat and drinking wine; rather, if one wishes, one may eat meat and drink wine during this meal. It is nevertheless preferable to abstain from eating meat and drinking wine during the last meal before the fast of Tisha Be’av even when Erev Tisha Be’av falls out on Shabbat in commemoration of the great tragedy of the destruction of the Bet Hamikdash.
On the other hand, most Rishonim explain that one should not abstain from eating meat and drinking wine on Shabbat, even during the last meal before the fast of Tisha Be’av, in honor of Shabbat. The Sefer Shiboleh Ha’Leket (authored by Rabbeinu Tzidkiyah ben Rabbi Avraham Ha’Rofeh who lived in Rome approximately eight hundred years ago) quotes a responsa by Rabbeinu Klonimus of Rome who wrote to Rabbeinu Yakar that if Tisha Be’av falls out on Sunday, the Geonim permitted one to eat meat and drink wine during the last meal before the fast in honor of Shabbat. One need not spare anything from one’s table as long as one sits and eats solemnly and does not act joyfully.
The Halacha indeed follows this opinion that during the last meal before the fast of Tisha Be’av which is held on Shabbat as is the case this year, 5776, one should not abstain from eating meat and the like (one may likewise sing Shabbat songs during this meal in honor of Shabbat).
Part 3: The Laws of the Beginning of the Fast when Tisha Be’av Falls Coincides With Motza’ei Shabbat
The Baraita in Masechet Ta’anit (30a) states that our Sages prohibited five things on Tisha Be’av: Eating and drinking, washing one’s self, rubbing one’s self with oils or lotions, wearing leather shoes, and marital relations.
Our Sages said (Ta’anit 30b): “One who mourns for Jerusalem shall merit seeing its joy, but one who does not mourn over Jerusalem shall not merit seeing its joy.”
On Erev Tisha Be’av, the five categories of abstinence take effect immediately at sunset. For this reason, one must remove one’s leather shoes immediately at sunset (it is nevertheless permissible to wear non-leather shoes). However, on years like this, 5776, when Tisha Be’av falls out on Motza’ei Shabbat, one should not remove one’s leather shoes immediately at sunset in honor of Shabbat; rather, one should leave one’s leather shoes on until after nightfall which is approximately twenty minutes after sunset. One should then recite, “Baruch Ha’Mavdil Ben Kodesh Le’Chol,” remove one’s leather shoes, change into weekday clothing, and head to the synagogue in order to pray Arvit and recite Eicha and other lamentations.
As a result of all of the above, Rabbi Ovadia Yosef zt”l writes that it is proper to announce in the synagogue and notify the public that Arvit services will commence a half-hour after sunset and not beforehand in order to allow the congregants to change from Shabbat clothing into weekday clothing, to remove their leather shoes, and to make their way to the synagogue wearing weekday clothes which are permitted to be worn on Tisha Be’av.
Part 4: Havdala on Motza’ei Shabbat Which Coincides with Tisha Be’av and the Laws of an Ill Individual Who Must Eat on Tisha Be’av
On years during which Tisha Be’av falls out on Motza’ei Shabbat, such as this year, 5776, there are three opinions among the Rishonim regarding how Havdala should be recited on a cup of wine on Motza’ei Shabbat.
The first opinion is that of the Geonim who write that one should recite Havdala only at the conclusion of the fast, i.e. Sunday night, before sitting down to eat.
The second opinion is that of the author of the Sefer Ha’Manhig who writes that one should recite Havdala on Motza’ei Shabbat and have a child who is not obligated to fast drink the wine.
The third opinion is that of the Ramban who writes that Havdala is not recited at all, for the Gemara (Berachot 33a) writes that originally Havdala was instituted as part of the Arvit prayer. The, the Jewish nation then became wealthy and our Sages enacted that it be recited over a cup of wine. However, on Tisha Be’av which falls on Motza’ei Shabbat, the entire Jewish nation is considered utterly destitute. The Poskim discuss the varying opinions of the Rishonim at length.
Maran Ha’Shulchan Aruch rules in accordance with the opinion of the Geonim that Havdala should be recited at the conclusion of the fast. We rule in accordance with Maran, whose rulings we have accepted. We therefore customarily recite Havdala at the conclusion of the fast, essentially breaking the fast on wine. Nevertheless, immediately at the onset of the fast on Motza’ei Shabbat, although Havdala is not recited on a cup of wine, one must still recite “Baruch Ha’Mavdil Ben Kodesh Le’Chol” in order to make it permissible to do work.
The “Boreh Minei Besamim” blessing is not recited on a fragrant object at the conclusion of Tisha Be’av, for fragrant objects are not brought to a mourner’s home since they are meant for pleasure. The same applies on Tisha Be’av. Maran Ha’Shulchan Aruch rules likewise.
One must recite the “Boreh Me’orei Ha’esh” blessing on a candle on Motza’ei Shabbat which coincides with Tisha Be’av. It is customary for the rabbi or Chazzan to recite this blessing in the synagogue before the reading of Eicha (although there are those who disagree, see Chazon Ovadia-Arba Ta’aniyot, page 342).
Women who do not attend synagogue on Motza’ei Shabbat must recite the “Boreh Me’orei Ha’esh” blessing on a candle at home (ibid, page 343).
An ill individual who must eat on Tisha Be’av (as we have discussed above) must first recite Havdala on a cup of wine before eating on Tisha Be’av, for one may not eat after Shabbat has ended until one has performed Havdala. The ill individual must therefore recite Havdala on a cup of wine or grape juice and drink it as one would on any Motza’ei Shabbat. An ill individual reciting Havdala on a cup of wine may do so on behalf of the members of his household as he would on any Motza’ei Shabbat and they will fulfill their obligation of hearing Havdala (although they are fasting and the fast has not yet ended).
Pregnant and nursing women, who we have explained are exempt from fasting on Tisha Be’av this year (5776) since the fast is postponed until Sunday, must likewise recite Havdala on a cup of wine before eating. Since they will not be eating until the day of Tisha Be’av, i.e. Sunday afternoon, they must recite the “Boreh Me’orei Ha’esh” blessing on a candle on the night of Tisha Be’av and then recite Havdala on a cup of wine during the day of Tisha Be’av without reciting a blessing on a fragrant object or a candle. (ibid, page 348)
