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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.
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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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I watch my children use blocks to build a large structure, observing the trepidation with which they add each block. As the structure becomes larger there is a greater risk of it collapsing, thus bringing an end to an hour of playful labor. I anticipate what will happen when one child adds a block to the top floor, compromising the integrity of the building and resulting in the collapse of the entire structure. The argument that ensues is predictable, as each child blames the other for “ruining” the fun. As an adult, I wonder about the need to attribute blame. Will assigning blame be instrumental in rebuilding the structure?

In this week’s parshah the Torah discusses the halachos of when one steals from another and when confronted in beis din, the thief swears falsely with his denial that he stole. This parshah was already taught in parshas Vayikra; however, there are two halachos that the Torah adds in this parshah to this topic.
In order to carry from one’s home into the street (even when the area is enclosed by a properly constructed eruv), the eruvin ceremony must be performed. This ceremony involves the placing of food in one designated home on behalf of all Sabbath observers in the enclosed area. In order for the eruvin ceremony to be valid, however, it must be performed on behalf of all owners of streets and homes in the enclosed area.

Hymie was visiting Israel and enjoying an afternoon with his grandchildren in the park. After pushing them on the swings and watching them slither down the slides, he went to sit down on a bench in the corner of the park.
Question: On Friday night the chazzan in many shuls ascends the bimah for Kabbalat Shabbos but goes to the amud starting for Barchu. Why?
Question: As Shavuot is fast approaching – a holiday on which we dwell on the story of Ruth and the origins of the royal house of David – I was wondering if you could help me resolve something. Some people say that Rabbi Yehudah HaNassi, the redactor of the six orders of the Mishnah and a scion of King David, purposely kept any mention of Chanukah and the Hasmonean kings out of the Mishnah because the Hasmoneans improperly crowned themselves and ignored the rule that all Jewish kings are supposed to come from the tribe of Yehudah. Is this true?
Menachem
(Via E-Mail)
The Rema writes (Ohr Hachaim, 494:4), “It is customary to spread branches of trees in our synagogues and homes [on Shavuos] in order to commemorate that which the sages say [Rosh Hashanah 16a] that on Shavuos the world is judged concerning [how many] fruits the trees will produce [that year].”
Summer Eruvin
‘A Separate Contribution From Each’
(Eruvin 72b)
If a man suspects his wife of infidelity, he is to bring witnesses and warn her not to go into private quarters with the man in question. If she violates that warning, he is to bring her to the kohen, who will give her the “bitter waters” to drink. If she was falsely accused and was innocent, she will be blessed with children. If she was guilty, she will die a gruesome death.
A flash of red caught my eye, and I looked up and saw a cardinal perched on the picnic table on my deck. What a miracle, I marveled. You’re beautiful. Thanks, Hashem. And then my mind’s wheels began to roll, and it struck me that several miracle stories had come my way this week. The stories prodded me to think of and feel Hashem’s presence as a more tangible and vivid reality.
Over the years I’ve received letters from all over the world in which people share feelings and thoughts they’ve experienced upon becoming became Torah observant. Usually these letters arrive not long after the writers had heard one of my speeches. No matter where a particular speech took place, and no matter whether I spoke the language or had to use a translator, the magic always works. In reality, it’s not magic at all but a little voice in the soul – the “Pintele Yid,” that spark of G-d’s Word engraved on all our neshamahs. Here is one recent letter.
By the time these words are printed, there will be only a few more days left before Shavuos. We hope that up until that point, we will still have been counting the days of Sefiras Ha’Omer with a bracha, but we also know that too often, despite our best efforts, we drop out of counting with a bracha some time before the count is complete.
In this week’s parshah the Torah tells us that the bechorim were replaced by the levi’im to serve in the Mikdash. The Torah says that there were 273 more bechorim than levi’im. Those bechorim could not simply be replaced, and had to be redeemed. Hashem told Moshe that each bechor should give five shekalim to Moshe, who, in turn, should give them to Aharon and his sons. With that, they would be redeemed.
Question: Is there anything special that one should do on Yom Yerushalayim?
Question: As the shamash in a small community shul with an aging population, I am faced with numerous challenges. The following is only one of them. During sefirah, different people daven for the amud for Ma’ariv. Once, a bar mitzvah was one of them. On another occasion, a very recent ger lead the service. Were these individuals allowed to lead the congregation in counting sefirah? I also wonder, in general, if everyone should be trusted to lead the counting. What if someone forgot to count on one of the previous nights but does not inform anyone of this?
No Name
(Via E-Mail)

Question: As Shavuot is fast approaching – a holiday on which we dwell on the story of Ruth and the origins of the royal house of David – I was wondering if you could help me resolve something. Some people say that Rabbi Yehudah HaNassi, the redactor of the six orders of the Mishnah and a scion of King David, purposely kept any mention of Chanukah and the Hasmonean kings out of the Mishnah because the Hasmoneans improperly crowned themselves and ignored the rule that all Jewish kings are supposed to come from the tribe of Yehudah. Is this true?
Menachem
(Via E-Mail)
Question: As the shamash in a small community shul with an aging population, I am faced with numerous challenges. The following is only one of them. During sefirah, different people daven for the amud for Ma’ariv. Once, a bar mitzvah was one of them. On another occasion, a very recent ger lead the service. Were these individuals allowed to lead the congregation in counting sefirah? I also wonder, in general, if everyone should be trusted to lead the counting. What if someone forgot to count on one of the previous nights but does not inform anyone of this?
No Name
(Via E-Mail)
Question: As the shamash in a small community shul with an aging population, I am faced with numerous challenges. The following is only one of them. During sefirah, different people daven for the amud for Ma’ariv. Once, a bar mitzvah was one of them. On another occasion, a very recent ger lead the service. Were these individuals allowed to lead the congregation in counting sefirah? I also wonder, in general, if everyone should be trusted to lead the counting. What if someone forgot to count on one of the previous nights but does not inform anyone of this?
No Name
(Via E-Mail)
Question: As the shamash in a small community shul with an aging population, I am faced with numerous challenges. The following is only one of them. During sefirah, different people daven for the amud for Ma’ariv. Once, a bar mitzvah was one of them. On another occasion, a very recent ger lead the service. Were these individuals allowed to lead the congregation in counting sefirah? I also wonder, in general, if everyone should be trusted to lead the counting. What if someone forgot to count on one of the previous nights but does not inform anyone of this?
No Name
(Via E-Mail)
Printed from: http://www.jewishpress.com/judaism/ask-the-rabbi/q-a-tisha-bav-and-mourning/2012/07/18/
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