Tisha B’Av – Halachos an History

by Rabbi Yair Hoffman

Understanding the tragic historical events that led to the destruction of both Batei Mikdash deepens our appreciation for what Tisha B’Av is about. Understanding this history also enhances our observance of its laws. The following guide combines the historical context of both churbans with practical halachic guidance.

The “Week in Which Tisha B’Av Falls” Does Not Apply

When Tisha B’Av falls on Sunday, the Shulchan Aruch (551:4) states there is no law of “the week in which it falls” at all. The laws of mourning are typically divided into stages: from the 17th of Tammuz, from Rosh Chodesh Av, during the week in which Tisha B’Av falls, and on Tisha B’Av itself. The Shulchan Aruch and Rama disagreed about when certain restrictions begin – the Shulchan Aruch applies washing and laundering restrictions only in the week Tisha B’Av falls, while the Rama applies them already from Rosh Chodesh.

The Sha’arei Teshuvah (subsection 40) notes that for Ashkenazim this makes no practical difference since everything is already forbidden from Rosh Chodesh Av according to the Rama.

Maintaining Awareness of the Churban

According to HaGaon Rav Shlomo Miller shlita, it is very important to refrain from being mesiach da’as (becoming distracted) from the churban habayis during the week in which Tisha B’Av falls. The Mishnah Berurah (551:21) explains that the reason for not doing laundry is because it looks like one is mesiach da’as from the mourning. If it just looks like being mesiach da’as is wrong to do, how much more so (kal v’chomer) when one is actually being mesiach da’as.

This fundamental insight illuminates the deeper purpose behind all the restrictions during this period – they serve not merely as technical prohibitions, but as safeguards to ensure we maintain proper focus on the national tragedy we are commemorating.

Practical Implications for Ashkenazim

Laundering Children’s Clothing

The Mishnah Berurah (551:82) quotes the Chayei Adam that the prohibition to launder children’s clothing applies only during the week in which Tisha B’Av falls, even for Ashkenazim who follow the Rama’s stricter approach. When Tisha B’Av falls on Sunday and there is no “week in which it falls,” laundering children’s clothing becomes permitted. However, only children’s clothing is allowed – one may not add adult clothing to the washing machine.

Jewish Craftsmen May Sew Garments

The Rama (Shulchan Aruch 551:7) records the custom to be lenient in giving work to a Jewish craftsman before Rosh Chodesh, even though he performs the work during the nine days. The Gra questioned this practice, and the Beur Halacha (s.v. “v’nahagu”) wrote that one should only be strict about this during the week in which Tisha B’Av falls. When Tisha B’Av falls on Sunday and there is no “week in which it falls,” this would be permitted. (Note: Sephardim are more stringent as they forbid this already from Rosh Chodesh according to the Shulchan Aruch.)

Preparing for the Fast on Shabbos

Eating Additional Food

One may eat or drink extra to prepare for the fast, but it should not be explicitly stated that the intent is for Tisha B’Av. It’s permitted to eat more than usual at Shalosh Seudos on Shabbos Chazon to ease the fast, since the body benefits immediately on Shabbos. However, one should be careful not to say explicitly that one is eating it to ease the fast, and not to urge household members to eat more for this purpose. This follows from the ruling of the Mishnah Berurah (290:4) quoting Sefer Chasidim about not saying on Shabbos that one is sleeping to enable work on Motzai Shabbos.

Shalosh Seudos Guidelines

Shalosh seudos should not be eaten with guests. However, those who regularly eat together (e.g., family) may continue to do so and may recite zimun as usual. According to Mishnah Berurah section 552, subsection 23, regular family members may eat together. Eating and drinking must stop before shkiyah. Mayim acharonim should also be done before shkiyah, though bentching may take place afterward. According to Shoshanat Yisrael chapter 15, section 7, mayim acharonim must be completed before shkiyah.

Preparing Laundered Garments on Shabbos

Laundered garments are forbidden from Rosh Chodesh until after the fast. The question arises whether one may prepare garments by wearing them on Shabbos (such as changing shirts multiple times during Shabbos), since this appears to be preparation from Shabbos to weekday.

Sources for Permitting Non-Obvious Preparation:

The Chayei Adam (rule 153:6), quoted in Mishnah Berurah (667:5): permitted bringing wine from first day to second day of Yom Tov when difficult to do at night. The Magen Avraham (321:7): permitted soaking unsalted meat on Yom Tov for weekday cooking when the action is light and not obviously for weekday needs.

Changing Shirts on Shabbos

Changing shirts appears to be in the category of light, non-obvious preparation. The Kaf HaChaim (551:91) distinguishes: if one changes shirts obviously it’s forbidden preparation, but if done going to sleep and upon waking, it’s not noticeable and permitted.

Permitted according to:

HaGaon Rav Shlomo Zalman Auerbach zt”l ruled it’s permitted, adding that one shouldn’t return the shirt to the closet but place it where it was removed HaGaon Rav Yosef Shalom Elyashiv zt”l agreed with this ruling

Forbidden according to:

HaGaon Rav Nissim Karelitz zt”l forbade changing shirts on Shabbos for weekday needs, reasoning that permission to wear laundered garments on Shabbos during the Three Weeks is only for honoring Shabbos, not for weekday preparation Taking “Easy Fast” Medicine on Shabbos

For someone needing medicine to ease the fast who must take it on Shabbos afternoon, two prohibitions must be considered:

Preparation from Shabbos to Weekday

Unlike sleeping on Shabbos to be alert Saturday night (which is natural behavior), taking medicine is obviously for weekday needs. However, this may be permitted because the pill’s action (fluid absorption) begins immediately on Shabbos, providing immediate benefit. This resembles eating on Shabbos to avoid weekday hunger – strengthening the body today rather than preparing something for tomorrow.

Taking Medicine on Shabbos

The Magen Avraham and Mishnah Berurah (328) forbid healthy people taking medicine on Shabbos to strengthen their constitution. Since “easy fast” medicine strengthens a person to avoid weakness during fasting, it appears to fall under the decree against grinding spices.

Solution for Taking Medicine

The Orchos Shabbos (chapter 20) suggests putting the medicine in a drink or crumbling it in food before Shabbos, then consuming the drink or food on Shabbos in a way that the medicine isn’t noticeable (similar to putting kohl on one’s eye). Done this way, there’s no concern about preparation since it’s not noticeable preparation. Many poskim permit taking time-release capsules on Shabbos. According to Shemiras Shabbas K’Hilchasa chapter 28: 85; Shi’urei Halacha chapter 57:4; and Shoshanas Yisrael chapter 15, section 1, time-release capsules may be taken.

Transition from Shabbos to Tisha B’Av End of Shabbos Procedures

All Tisha B’Av restrictions, aside from overt signs of mourning such as removing leather shoes, begin at shkiyah. After Shabbos (based on one’s zman), one should recite Baruch hamavdil bein kodesh lechol, then change out of Shabbos clothing and remove leather shoes. According to the Rama 553:2, and Mishnah Berurah there; see also Chayei Adam rule 136:1, the transition should follow this order.

Changing Clothes and Bringing Kinos

Evening prayers begin immediately at Shabbos’s end and one leaves for synagogue before Shabbos departs. Changing from Shabbos clothes to weekday clothes before Shabbos ends is forbidden due to preparation. Similarly, bringing a Kinos book from home to synagogue is prohibited.

Solution:

Delay the evening prayer on Saturday night to allow sufficient time to say “Boruch HaMavdil – blessed is He who separates between holy and profane” at home and change clothes. (Earlier authorities didn’t mention this because they wore weekday clothes on Shabbos Chazon and only removed shoes on Saturday night.)

Havdalah

Havdalah is postponed until after Tisha B’Av. However, on motzaei Shabbos, the berachah of borei me’orei ha’eish is recited. Ideally, a man should say the berachah for the family before going to shul. One who is not fasting or needs to break their fast should consult a rav about how to recite Havdalah. According to Shulchan Aruch section 556, subsection 1, and Mishnah Berurah there; Beiur Halacha section 296, subsection 8, s.v. “lo” (he should not); and Igrot Moshe, Choshen Mishpat volume 2, section 47, subsection 2, these are the proper procedures for Havdalah.

Cleanup After Shabbos

Cleanup should be delayed until after chatzos. This includes putting away candlesticks, sweeping, or loading the dishwasher. Dishes not needed for the fast should only be washed after chatzos and while wearing gloves. Dishes needed for the fast or the meal following the fast may be washed beforehand, though it is preferable to wait until chatzos. If leaving the mess would cause significant distress, cleanup is permitted. According to Aruch HaShulchan section 554, subsection 9; Shoshanat Yisrael chapter 13, section 28; and Machzeh Eliyahu volume 1, section 87, these guidelines for cleanup apply.

Tisha B’Av Day Observances Eating and Drinking (Achilah)

Fasting Requirements Children are not required to fast. However, some have the minhag that children who understand that Tisha B’Av is a day of mourning (around age 9) should at least fast through the night. According to “The Three Weeks” by HaGaon Rav Shmuel Boruch Cohen, page 118, and Be’er Moshe volume 8, section 95, subsection 2, this is the custom regarding children’s fasting. Children should not be given treats or candy on Tisha B’Av. According to Mishnah Berurah section 550, subsection 5, and Be’er Moshe volume 8, section 95, subsection 6, treats should not be given to children.

Washing and Bathing (Rechitzah)

Hand Washing Netilas yadayim in the morning and after the bathroom is done only until the bottom knuckles (i.e., the entire finger). According to Shulchan Aruch section 554, subsection 10, and Mishnah Berurah there, this is the proper measure for washing. After using the bathroom, even if the hands did not become dirty, there is still a concern of ruach ra, and one may wash the hands up to the bottom knuckles. According to Rama section 554, subsection 9, and section 613, subsection 3; see Mishnah Berurah subsection 4 there; Ashei Yisrael page 789, this washing is permitted due to ruach ra.

Cleaning When Dirty

If one becomes dirty, the affected area may be washed with cold water. A small amount of soap may be used if necessary. According to Shulchan Aruch section 554, subsection 9; see Beiur Halacha s.v. “sichah” (anointing), washing dirty areas is permitted.

Oral Hygiene

Brushing teeth or rinsing the mouth (with water or mouthwash) is not permitted. However, in cases of significant discomfort, one may rinse the mouth while leaning the head forward. According to Mishnah Berurah section 567, subsection 11, mouth rinsing has these restrictions.

Anointing and Cosmetics (Sichah)

Permitted Applications

Deodorant used to remove or prevent bad odor is permitted. According to Beiur Halacha 554, s.v. “sichah” (anointing), and Halichos Shlomo chapter 15:10, deodorant for odor prevention is allowed.

Forbidden Applications

Makeup and lipstick may not be applied. According to Shulchan Aruch, Yoreh Deah section 381, subsection 6, cosmetics are forbidden.

Torah Study Restrictions

The issur of learning non-Tisha B’Av related Torah includes all forms of learning, whether from a sefer or by listening to a shiur. According to Shulchan Aruch section 554, subsection 3, and Mishnah Berurah there, all forms of Torah study are included in this prohibition. Reciting Tehillim for a choleh is permitted. One who usually says Tehillim daily should try to say it either before or after Tisha B’Av. Some poskim permit women to say Tehillim if the alternative is wasting time. According to Mishnah Berurah section 554, subsection 7, and Shi’urei Halacha chapter 51, section 3, Tehillim for the sick and to avoid wasting time are permitted.  Rav Yisroel Salanter held that both men and women may study mussar works on Tisha B’Av.

Leather Shoes

The issur of wearing leather applies only to shoes. Leather belts may be worn. The prevailing minhag is that even young children below the age of chinuch do not wear leather shoes.

Marital Relations

On the night of Tisha B’Av, mitah echas and negiah (as applies to a niddah) should be avoided. According to Shulchan Aruch section 554, subsection 18, and Mishnah Berurah there, these restrictions apply.

Greeting Others (She’eilas Shalom)

There is an issur of she’eilas shalom, greeting others. One should not say “hello,” “good morning,” or other greetings, even when answering the phone. Some poskim allow parting phrases such as “goodbye” or “good night.” According to Shulchan Aruch OC 554:20, and Mishnah Berurah there; see Shi’urei Halacha chapter 52, section 1, these greeting restrictions apply. A slight nod of the head as a form of acknowledgment is permitted. According to Ritva on Moed Katan 27b, nodding is allowed. If one is greeted by someone unaware of the halachah, a soft verbal response is permitted to avoid embarrassing the greeter. According to Shulchan Aruch section 554, subsection 20, responding softly is permitted to avoid embarrassment.

Prayer and Ritual Observances Tallis and Tefillin

Tallis and tefillin are not worn during Shacharis and are instead worn at Minchah. The minhag is not to make a berachah on a tallis katan in the morning; it is covered by the berachah made later on the tallis gadol. According to Shulchan Aruch section 555, and V’Dibarta Bam volume 1, section 157, this is the proper practice for tallis and tefillin.

Smoking and Vaping

One who needs to smoke or vape may do so privately after chatzos. Some are more stringent with vaping. Nicotine patches and pouches (except Zyn, which releases liquid intended to be swallowed) may be used even before chatzos. According to Mishnah Berurah section 555, subsection 8; see Piskei Teshuvos; and Aruch Avner end of section 567, these are the guidelines for smoking and nicotine products.

Post-Tisha B’Av Restrictions

Certain restrictions remain in place until chatzos on Monday (the 10th of Av): eating meat and wine, bathing, haircuts, washing clothing, and listening to music. According to Shulchan Aruch and Rama section 558, and Mishnah Berurah there, these restrictions continue until midday on the 10th of Av.

Beautiful Customs Jerusalem Elders’ Custom with Kinos

Rav Yitzchok Rubin heard from Jerusalem elders that they would throw their Kinos books into Shaimos – genizah every year after reciting them in synagogue, to feel anticipation for complete redemption in their hearts. Only on the eve of Tisha B’Av would they buy Kinos again.

Historical Background: The Path to Destruction

While the halachic observance of Tisha B’Av provides the framework for our mourning, understanding the historical events that led to this tragedy gives depth and meaning to our commemoration. Tisha B’Av is the culmination of two national tragedies: the loss of the first Beis HaMikdash as well as the Second.

To understand the historical background that existed in the years before the destruction of the Second Beis HaMikdash, it pays to note what historians write. As in all history, the viewpoints of those who record it are biased and may be unreliable. Josephus, for example, will often tweak various points of history to fit his agenda. Nonetheless, in many places, Josephus has proven to be relatively accurate. Much of the background here makes use of what Josephus has written, as well as the Roman historians Tacitus and Cassius Dio. This helps us understand the background to our Gemaras that discuss the churban. The information here has been further augmented by archaeological discoveries.

Key Historical Timeline

The Roman Period:

64 BCE: Rome annexed Syria as a province 63 BCE: Rome made Eretz Yisroel a client state 6 CE: Rome established the province of Judea 70 CE: The Beis HaMikdash was destroyed 132-135 CE: Bar Kochva Revolt 135 CE: Emperor Hadrian created Syria Palaestina province 476 CE: Fall of Rome How Rome Entered Jewish Affairs

The civil war within Klal Yisroel opened the door for Roman involvement in Eretz Yisroel. After Queen Shlom-Tzion’s death, her sons Hyrcanus II and Aristobulus II engaged in a devastating civil war that would prove fateful for Jewish independence.

In 64 BCE, Rome emerged victorious in the Third Mithridatic War, leading Pompey to annex Syria as a Roman province. When Aristobulus II found himself besieged in Yerushalayim by his brother’s armies in 63 BCE, he made the crucial decision to seek Roman help, offering massive bribes to Pompey’s representative Marcus Aemilius Scaurus.

This intervention backfired when Scaurus began extorting Aristobulus. The resulting conflict led Pompey to install Hyrcanus as Ethnarch and High Priest, though without the title of King. Most tragically, Pompey the Great seized Yerushalayim in 63 BCE and profaned the Holy Beis HaMikdash by entering the Kodesh Hakodashim – a space reserved only for the Kohain Gadol on Yom Kippur.

The Rise of Herod and Roman Domination

Following Julius Caesar’s defeat of Pompey, the political landscape shifted dramatically. After both Caesar and Antipater were assassinated in 44 BCE, Hurdus (Herod) the Great, Antipater’s son, was designated “King of the Jews” by the Roman Senate in 40 BCE, though he didn’t gain actual military control until 37 BCE.

Roman rule proved harsh and oppressive. When the Parthians invaded Eretz Yisroel in 40 BCE, they were welcomed enthusiastically by the Jewish population, who saw them as liberators from Roman tyranny. The Parthians even appointed a Hashmonai king. Rome’s furious response involved dispatching legions for a second bloody siege of Yerushalayim, ultimately installing the despised Hurdus as their puppet ruler.

Hurdus ruled for 33 years until his death in 4 BCE. Emperor Augustus then divided Eretz Yisroel among Hurdus’s three sons as tetrarchs. When Herod Archelaus ruled Judea so poorly that his own population appealed for his removal, Augustus dismissed him in 6 CE and imposed direct Roman rule – marking the beginning of the end for Jewish autonomy.

The Loss of Religious Autonomy

One particularly painful symbol of lost independence was the confiscation of the Bigdei Kehuna (High Priest’s garments) from 6 to 36 CE. These sacred vestments, worn by the Kohain Gadol on Yom Kippur, were held by Roman authorities, signifying their control over even the most sacred aspects of Temple service.

In 35 CE, when Lucius Vitellius was appointed Governor of Syria, the Jews honored him greatly during his visit to Yerushalayim. A Jewish delegation approached him requesting the return of autonomy over the Bigdei Kehuna. Vitellius sought and received imperial permission, temporarily restoring this sacred privilege to Jewish hands – a brief respite in the steady erosion of religious independence.

The Procurators: Administrators of Decline

The period of Roman procurators who administered the Province of Judea witnessed the gradual deterioration that would culminate in the Churban. These were the years of the early Tannaim who lived during the final decades of the Beis HaMikdash:

Notable Procurators:

Fadus Cuspius (44-46 CE): Attempted to reclaim Roman control over the Bigdei Kehuna but was overruled by Emperor Claudius after Jewish diplomatic efforts. During his tenure, a false prophet named Theudas led a failed revolt. Tiberius Julius Alexander (46-48 CE): Ironically, this procurator came from a Jewish family in Alexandria but had abandoned Judaism. Despite hopes that Jewish origins would bring calm, his reign was marked by severe famine. Ventidius Cumanus (48-52 CE): His reign saw increased discord between Jews and Roman troops, particularly his biased handling of Jewish-Samaritan conflicts, ultimately leading to his replacement. Marcus Antonius Felix (52-58 CE): Married Drusilla, a Jewish woman who abandoned her religion for him. Both she and their son later perished in the eruption of Mount Vesuvius. Porceus Festus (58-62 CE): Died in office, creating a power vacuum that led to unauthorized Sanhedrin proceedings. Lucceius Albinus (62-64 CE): Faced immediate challenges upon appointment, including dealing with the sicarii (assassins) and corrupt practices involving imprisoned rebels. Gessius Florus (64-66 CE): Perhaps the most devastating procurator, appointed due to his wife’s friendship with Nero’s wife. His favoritism toward Greeks over Jews and his oppressive policies became a major catalyst for the Great Revolt. Marcus Antonius Julianus (66-70 CE): The final procurator, who inherited an impossible situation and was unable to prevent the revolt that led to the Churban. The Path to Destruction

This historical progression reveals how external political pressures, corrupt leadership, internal divisions, and the gradual erosion of Jewish autonomy created the conditions that led to the destruction of the Second Beis HaMikdash. The procurators’ increasingly oppressive policies, combined with the loss of religious independence symbolized by Roman control over sacred Temple elements, built the tensions that would explode into the Great Revolt and ultimately result in the tragedy we commemorate on Tisha B’Av.

Understanding this historical context transforms our observance of Tisha B’Av into more meaningful commemoration, connecting our present-day mourning practices with the profound losses suffered by Klal Yisroel back then. It also gives us a sense of our history and allows us to mourn the churban better.

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