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October 1, 2014 / 7 Tishri, 5775
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Q & A: Tisha B’Av And Mourning


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Editor’s note: We interrupt our “Chazzan and Congregation” series for this timely discussion on Tisha B’Av. Part IX of “Chazzan and Congregation” will appear next week.

* * * * *

Question: I was taught that due to our state of mourning on Tisha B’Av, we are not allowed to learn or discuss Torah – a topic that makes us happy and weakens our mournful state. Why, then, are we allowed to read from the Torah at Shacharit and Mincha on Tisha B’Av? Also, does the halacha of not learning apply to a regular mourner as well?

Menachem
(Via E-Mail)

Answer: Yoreh De’ah 384:1 (based on Mo’ed Katan 15a) states, “During the entire seven-day period [of mourning], a mourner is forbidden to read from the Torah, Prophets, Writings, Mishnah, Gemara, halachot and aggadot – except if people need him to teach them. In such a case, it is permissible.”

We also find a similar ruling regarding Tisha B’Av, our national day of mourning for the destruction of the Temple and Jerusalem, as the Mechaber notes (Orach Chayim 554:1).

The reason behind the prohibition, according to the Shach (Orach Chayim ad loc.), is the verse in Psalms (19:9), “Pikudei Hashem yesharim mesamchei lev, mitzvat Hashem barah me’irat eynayim – The commands of Hashem are right; they gladden the heart. The commandment of Hashem is of such clarity that it enlightens the eyes.” Torah has the power of offering unique enjoyment and pleasure. A mourner in his bereavement is not supposed to enjoy this delight.

It is interesting to note that this Shach is at variance with the Mechaber who gives a different source for this halacha. He cites Mo’ed Katan 15a, where we learn that a mourner is prohibited to utter words of Torah since Hashem stated (Ezekiel 24:17), “He’anek dom – Sigh in silence.” Hashem only precluded Ezekiel from any manifestation of outward sorrow. All other people were supposed to publicly mourn, explains Rabbenu Chananel, explicating the position of our sages.

The Gemara (in Ta’anit 30a) states that all customary restrictions on an ordinary mourner during the seven days of mourning apply to the community as a whole on Tisha B’Av. However, there is a difference. On Tisha B’Av, one is prohibited from eating and drinking (Rashi s.v. “asur be’achila uvi’shetiya” explains that these two restrictions apply only to the mourning for the Temples’ destruction).

The Gemara in Ta’anit explains that one is prohibited from (washing and) anointing, donning (leather) shoes, and engaging in marital relations. One is also forbidden to read from the Torah, Prophets, Writings, Mishnah, Talmud, Midrash, as well as halachot and aggadot. However, one is permitted to read material that he usually does not read. (Rashi s.v. “be’makom she’eino ragil likrot” explains that since this material is beyond the mourner’s familiarity and understanding, it actually causes him distress.) One may also read Kinot and Job and the elegies in Jeremiah.

Young schoolchildren – tinokot shel beit rabban – should remain idle (i.e., we do not study with them on Tisha B’Av), in accordance with the verse (Psalms 19:9), “Pikudei Hashem yesharim mesamchei lev – The commands of Hashem are right; they gladden the heart.” R. Yehuda disagrees and states that the learning restrictions apply even to material that one is unfamiliar with. The only exceptions to the no-learning rule, he maintains, are Job, Kinot, and the elegies in Jeremiah.

In any event, we see that both verses apply: the verse from Ezekiel as well as the verse from Psalms.

Regarding the reading of the Torah in shul on Tisha B’Av during Shacharit and Mincha, the Mechaber (Orach Chayim 554:4) writes as follows: “One is permitted to read the complete order of the day [i.e., the order of the daily prayer service] as well as the portion of the korbanot, the Mishnah of Ezehu Mekoman (Tractate Zevachim, chapter 5) and the midrash of Rabbi Yishmael (Beraita, in Sifra). (The latter three constitute the portion of tefillah referred to collectively as korbanot.)

The Rema adds that one is allowed to review the parshah on Tisha B’Av. However, both the Ba’er Heiteiv and Mishna Berurah (ad loc.) note that this applies only to the chazzan, who reads the Torah publicly for the congregation. His reading and advance preparation are obviously considered tzorech ha’tzibbur (a public need).

About the Author: Rabbi Yaakov Klass, rav of Congregation K’hal Bnei Matisyahu in Flatbush, Brooklyn, is Torah Editor of The Jewish Press. He can be contacted at yklass@jewishpress.com.


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Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

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