Halachot of Tisha B'Av

Halacha How To: The Seuda Hamafseket

The experience of Tisha B'Av actually begins before Tisha B'Av. Unique in all of Jewish life is the special meal we eat before the fast begins, (Seuda Hamafseket) סעודה המפסקת. There is no meal, not even a meal eaten in a shiva house, that is designed to be more miserable than the סעודה המפסקת. Neither meat nor wine, nor more than even one cooked food, may be consumed. (Traditionally, we eat bread and a hard-boiled egg.) The meal is not only to be eaten while sitting on the floor, it is to be eaten in isolation. The Bentching afterward is specifically not to be preceded by a zimmun. It is the meal through which we imagine the meal of someone who is sitting at the lowest point of the circle of history. There is even a custom to dip the food in ashes.

The סעודה המפסקת is also the subject of a whole historical back-and-forth that plays out on the pages of the Shulchan Aruch. This is because the Shulchan Aruch insists that this meal is intended to be a real meal, not merely a symbolic or ritual PS to the dinner we will have eaten before the fast. Which is to say, there should be a meaningful lapse of time between our last meal, and the סעודה המפסקת, so that we are actually hungry again when we sit to eat the סעודה המפסקת (just like we would be when we would sit down to eat any regular meal). But it's clear that historically this was a struggle, as people wanted to eat their "real" meal as close to the beginning of the fast as possible, for obvious reasons. Rama writes that the Minhag in his land was to eat a regular meal, go and Daven Mincha, and then eat the סעודה המפסקת (which I think we should do next time Tisha B'Av falls out on a Sunday). Others object that this is too short an interval between the two meals. Eliyahu Raba attempts to justify the popular practice by pointing out that people are in any case acting for the sake of heaven, i.e. are eating their "regular meal" late in the day because they want to insure that their fast can be about reflection and prayer, rather than hunger. But Eliyahu Raba cautions that, at very least, a person mustn't be full when sitting down to eat the סעודה המפסקת. Eating when full is not recognized as eating at all in the eyes of Halachah.

Bottom line: the סעודה המפסקת is a vital part of the overall experience of Tisha B'Av. We should plan to stagger Wednesday night's dinner and the subsequent סעודה המפסקת to the greatest degree that is feasible.

Halacha How To: Tisha B'Av

1. Tisha B'Av is similar in many ways to Yom Kippur. The fast is a full "24+" hours, and the restrictions of the day include not washing one's body (except for hand-washing in the morning, and washing a specific part of one's body in order to remove dirt), not wearing leather shoes, and refraining from marital relations, in addition to not eating and drinking. Additionally, on Tisha B'Av, all those who are physically able to do so sit on the floor or on low stools rather than chairs [this last custom extends only until midday]. All of this is included to help generate a shiva-like feeling of loss & grief. This feeling can then serve as the framework for the prayers & kinnot of the day.

2. An important note for this year regarding the prohibition on washing: As stated in the above point, the restriction does not apply to washing a part of one's body with the express goal of removing dirt. This year this clearly applies as well to washing/sanitizing our hands in accordance with the public health guidelines that we have been following. Our halachic observance always incorporates the needs of health and safety into the system. Here is a teshuvah from Rabbi Herschel Schachter addressing this issue.

3. Tisha B'Av does not have the status of Shabbat. Nonetheless, the less time we can spend at "work" work, the better. Also, if going to work can be delayed until midday (12:59 PM) that option should be pursued. Perhaps the most awkward custom of Tisha B'Av is that of not exchanging greetings throughout the fast. This too is borrowed from the laws of shiva and helps to create the atmosphere of sad reflection. This year as we will not be seeing each other in the usual ways in-person, the feeling takes on new meaning.

4. Neither tallit nor tefillin are worn on the morning of Tisha B'Av. Both are symbols of Israel's glory & neither is appropriate as we sit on the floor in the depths of dismay. Tallit & tefillin are worn at Mincha, as the gloom of the day slowly begins to lift.

5. As was mentioned above, the custom of sitting on the floor ends at midday, which falls this year at 12:59 PM. The fast ends at 8:23 PM.

6. In most calendar years we extend the practices of the nine days through midday on the 10th of Av. This year, however, since Tisha B'Av falls on a Thursday, our practice is modified. In order to honor Shabbat, it is completely permissible to do laundry, get a haircut, etc immediately after the fast ends. Thus the practice of extending mourning practices beyond the fast day itself does not apply this year, with one important exception: We still refrain from eating meat and drinking wine until midday on Friday.

May our observance of the fast coupled with our strict observance of our public health requirements this year cause us to merit healing, recovery, and wellbeing for our world. Especially on Tisha B'Av when we face destruction head-on, may our efforts and tefillot bring about the rebuilding of the Temple, the repair of our brokenness, and Divine shleimut.

Guidance for Fasting on Tisha B'av

A person who is sick is exempt from fasting on Tisha B'Av. "Sick" is not defined in this context as being potentially in danger, rather as being unable to function normally and / or being mostly confined to bed because of an ailment and its associated symptoms. (Bad migraines can place someone into this category.)  

Halakhic authorities of centuries past who were living in times of plague dealt with the question of fasting if you are presently healthy but may render yourself more susceptible to the plague were you to fast. Famously, Rabbi Aviva Eiger ruled that nobody should fast in the midst of the cholera epidemic of his day. There are some contemporary Halakhic authorities who have ruled that healthy people who are in the "high-risk" categories should similarly not fast this year on Tisha B'av. However, other authorities have - correctly as far as my own inquiries and  research go - drawn a distinction between cholera and Covid. Becoming dehydrated could elevate a person's chances of dying from cholera, which was a terrible intestinal bacteria. By contrast, a 24 hour fast typically does nothing to weaken a healthy person's immune system, and does not make a person more susceptible to catching or suffering the effects of a respiratory virus. Thus, all healthy people (i.e. people who are not, God forbid, infected at this time) are obliged as usual to fast on Tisha B'Av this year. Obviously, if you feel that your situation is more complicated, you should consult with your doctor. In the end, your doctor's instructions drive the halakhic determination for you. And please consult with Rabbanit Alissa or me with any follow-up questions.

Rabbi Yosef Kanefsky 

Rabbanit Alissa Thomas-Newborn