Halacha

The Maharam of Rotenberg (Germany, 1215-1293) was of the opinion that Tisha B'Av, the saddest day of the year, has the same status in Halacha as the first day of mourning, and thus just as one does not wear Tefillin on his first day of mourning, Heaven forbid, so do we all refrain from wearing Tefillin on Tisha B'Av. Other authorities, however, held that on Tisha B'Av one must, indeed, wear Tefillin, and this is the accepted position. There is, however, considerable controversy regarding the question of when one wears Tefillin on Tisha B'Av. The Gaon of Vilna (1720-1797) had the practice of donning Tefillin only at midday on Tisha B'Av. He apparently held that the first half of Tisha B'Av was a period of intense mourning, whereas the second half the day, when we begin to recite "Nachem," marks a period of lesser intensity and thus warrants wearing Tefillin. This is indeed the practice of many Ashkenazim. Other Ashkenazim have the practice to don Tefillin on Tisha B'Av only during the Mincha service. What is the practice of the Sepharadim in this regard? From numerous sources, including the Kaf Ha'chayim, Ben Ish Chai and writings of the Kabbalists, it emerges that the Sephardic practice is to wear Tefillin on Tisha B'Av during Shacharit in the morning, as on all other days, with the standard Beracha. People with the practice of wearing Tefillin Rabbenu Tam every morning should do so on Tisha B'Av morning, as well. We do, however, find divergent customs as to where the Tefillin should be worn. The Kaf Ha'chayim and Ben Ish Chai mention that on Tisha B'Av one dons Tefillin and recites Shacharit privately, at home, and then comes to the synagogue – after removing his Tallit and Tefillin – for the repetition of Shemona Esrei, Kinot and Eicha. Others, however, held that one prays on Tisha B'Av in the synagogue with Tallit and Tefillin as usual, just as on other days, and the Tallit and Tefillin are removed after the repetition of Shemona Esrei. This was the ruling of Chacham Baruch Ben-Chaim. Both practices have roots in Halachic literature, and thus each community should follow the guidance of its Rabbi. It must be emphasized that according to all authorities, one does not wear Tefillin – which serves as a sign of glory and royalty – while reciting Kinot to lament the destruction of the Beit Ha'mikdash. Summary: Tefillin are worn on Tisha B'Av with the Beracha. Ashkenazim have the custom of wearing Tefillin on Tisha B'Av only in the afternoon, whereas Sepharadim wear Tefillin already in the morning, as usual. Some Sepharadim wear Tefillin and pray Shacharit privately at home and then come to synagogue without Tefillin, whereas others pray with Tallit and Tefillin in the synagogue as usual. Each community should follow its custom as instructed by its Rabbi.

The Shulhan Aruch (Orah Haim 551) cites three views regarding the consumption of meat and wine during the period before Tisha B'Ab. The first opinion is that meat and wine are forbidden only during the week of Tisha B'Ab, from after the Shabbat preceding Tisha B'Ab until after the fast. According to the second view, meat and wine are forbidden already from Rosh Hodesh Ab, whereas the third position forbids meat and wine throughout the three-week period from Shiba Asar Be'Tammuz through Tisha B'Ab. The accepted custom in our community follows the second view cited by the Shulhan Aruch, forbidding meat and wine during the Nine Days, from Rosh Hodesh Ab through Tisha B'Ab. However, whereas the Ashkenazim refrain from wine and meat already on Rosh Hodesh Ab, the custom among the Sepharadim is to allow meat and wine on Rosh Hodesh Ab, and to begin observing the prohibition only after Rosh Hodesh Ab. This custom is codified by Rav Yaakov Haim Sofer (Baghdad-Israel, 1870-1939), in his Kaf Ha'haim (126). The Kaf Ha'haim also mentions, however (in 122), that if a person recites Arbit before sundown on Rosh Hodesh Ab, then he may no longer eat meat or drink wine, even before sundown. Since he already recited Arbit, the prohibitions of meat and wine take effect, even though the sun had not set. Thus, for example, if on Rosh Hodesh Ab a person recites Arbit at 7:15pm, he may no longer eat meat or drink wine, even though the sun does not set for another hour. If a person has a milk allergy and cannot digest dairy foods, and he thus has difficulty finding foods to eat during the Nine Days when meat is forbidden (such as if, for whatever reason, he cannot eat fish), then he should consult his Rabbi for guidance. The Kaf Ha'haim (146) writes that under such circumstances there is room to allow eating poultry, since there were no bird sacrifices in the Bet Ha'mikdash that were eaten, and the status of poultry during the Nine Days is thus more lenient than that of beef. A person who cannot eat dairy foods should therefore consult with a Rabbi to determine whether his condition allows him to eat chicken. Likewise, if a person must eat meat for medical reasons, as directed by a physician, then he should consult with a Rabbi to determine whether he may eat meat. The Kaf Ha'haim (148; listen to audio recording for precise citation) writes that the Sages did not apply this prohibition in situations of illness, and thus if one's doctor instructs that he must eat meat for health purposes, he may do so. In all such situations, however, a Rabbi must be consulted for guidance. Summary: The custom of the Sepharadim is to refrain from meat and wine from the second day of Ab through Tisha B'Ab. If a person needs to eat meat for medical reasons, or has difficulty finding foods to eat, such as if he has an allergy to dairy foods, he should consult with a Rabbi for guidance.

The Sages instruct, "Mi'shenichnas Ab Mema'atin Be'simha" – "When Ab enters, we reduce our joy." This means that with the onset of the month of Ab, we are to avoid certain undertakings that bring us special joy. Thus, for example, one should not have his home freshly painted or wallpapered during the period of the Nine Days from Rosh Hodesh Ab though Tisha B"Ab. Likewise, it is forbidden to make any kind of renovations or purchases for the home that are done for strictly decorative purposes. It is also customary not to make significant purchases that bring a person special excitement, such as a new car. Strictly speaking, such purchases are allowed during the Nine Days, but the accepted custom is not to make major purchases like these, since they bring a person joy which is inappropriate for this period of mourning. Major purchases should therefore be delayed until after Tisha B'Ab. Similarly, during the Nine Days one should not purchase items for a bride and groom in preparation for their marriage, since these are joyous purchases. However, if the wedding is taking place immediately after Tisha B'Ab, and one might not have a time to make the necessary purchases after Tisha B'Ab, then he may buy the items during the Nine Days. Furthermore, if the price for the items will go up after Tisha B'Ab, then one may make the purchases during the Nine Days in order to avoid a financial loss. It is forbidden to eat meat during the Nine Days. However, the custom in our community is to eat meat on Rosh Hodesh Ab, the first of the Nine Days. Summary: One may not have his home freshly papered or wallpapered during the Nine Days. It is preferable to avoid major purchases – such as the purchase of a car – during the Nine Days, as well as purchases for a bride and groom. However, if there may not be enough time before the wedding after Tisha B'Ab, or if the price will be higher after Tisha B'Ab, the one may make the purchases during the Nine Days. Meat is forbidden during the Nine Days, but the custom in our community is to eat meat on Rosh Hodesh Ab.

Is it permissible to move into a new house or apartment during the Nine Days, from Rosh Hodesh Ab through Tisha B'Ab? The Poskim rule that one may move into a new house or apartment during the Nine Days if it will be his primary residence, as opposed to a vacation home and the like. As long as this home will be his place of primary residence, it is permissible. In fact, one who moves into a new home during the Nine Days may conduct a "Hinuch Ha'bayit" celebration, which entails simply reading words of Torah and distributing food, both of which, of course, are entirely permissible during the Nine Days. One should not, however, recite the Beracha of "Shehehiyanu" during the Nine Days, and thus one who moves into a new home should wait until after Tisha B'Ab to recite this Beracha. (Our practice is to purchase a new suit and then recite the Beracha over the suit, having in mind that the Beracha should cover the new home, as well.) Hacham Ovadia Yosef ruled that one may purchase a new car during the Nine Days if this is necessary for professional or commercial purposes, such as for traveling to and from work. If one wishes to buy a car for other purposes, however, this is permissible only if the car will be unavailable after Tisha B'Ab, or if the price will be higher after Tisha B'Ab. Leasing a car is permissible during the Nine Days, as one does not acquire ownership over the car. (Based on Yalkut Yosef, p. 173, Halachot 58 & 60) Summary: One may move into a new residence during the Nine Days if it will be his primary residence, and he may even host a "Hinuch Ha'bayit." One may purchase a car for professional purposes during the Nine Days. Purchasing a car for other purposes is permissible only if the car will be unavailable after Tisha B'Ab, or if the price will be higher after Tisha B'Ab. Leasing a car is permissible during the Nine Days.

Parents receive immense joy and satisfaction from seeing their children – particularly if they had not seen them for an extended period – and therefore the Misva of honoring parents requires children to occasionally visit their parents. Even if a child cannot be of any assistance to the parents, and they have no interest in hearing words of Torah, he nevertheless fulfills a Misva simply by visiting them. Halacha establishes no specific guidelines regarding the frequency of such visits, but one fulfills the Misva of honoring parents each time he visits them – whether he visits on a weekday, Shabbat or holiday. It is told that the Hazon Ish (Rabbi Avraham Yeshaya Karelitz, Lithuania-Israel, 1879-1954) visited his mother every day, even when she was perfectly healthy. Even a person who lives far from his parents must make a point of paying occasional visits. A Yeshiva student who studies in the same city as his parents must periodically visit them. If, however, he is preoccupied with his Torah studies, there is room to be lenient regarding the frequency of his visits, given the unique importance of Torah learning. Some have the admirable practice to visit their parents on Shabbat and Yom Tob, though there is no strict obligation to do so. A person who is preoccupied on Shabbat and Yom Tob with learning or teaching Torah need not visit his parents on these occasions. Even so, if they express their desire to see him he should make every effort to visit them. If parents request that their child occasionally call them on the telephone, he should ensure to comply with their wishes. If a person told his parent that he will come for a visit, he should add "Beli Neder," meaning, that he does not intend to make a binding commitment to this effect. According to some views, committing oneself to visiting parents falls under the category of "Nidreh Misva" – making a commitment to perform a Misva – and would thus require "Hatarat Nedarim" (annulment of vows) if it cannot be fulfilled. Therefore, it is proper for a person to add "Beli Neder" after stating his plans to visit a parent. If, however, the parent tells the child, "You don't have to," then the commitment is no longer binding, and "Hatarat Nedarim" is not necessary if the child changes his mind. (These Halachot are taken from Yalkut Yosef – Laws of Honoring Parents, p. 415) Summary: It is a Misva to visit one's parents from time to time, even if one lives far away from the parents. There is no set time when one must visit his parents, but he fulfills the Misva every time he visits.

Does the Misva of Kibud Ab Va'em – honoring parents – require a grown child to live near his parents so he can care for them, or simply because they want to be near him? Or is one allowed to live wherever he pleases, regardless of his parents' preference? Numerous sources indicate that one must, indeed, live near his parents. The Gemara comments that Yaakob Abinu was punished for the years he spent away from his parents, Yishak and Ribka, clearly implying that one must live near his parents so he can fulfill the Misva of Kibud Ab Va'em. The Maharil (Rav Yaakob Halevi Mollin, Germany, 1365-1427), as recorded in his "Likkutim," ruled explicitly that a person should live near his parents (listen to audio recording for precise citation). Some inferred this ruling from the comments of the Rambam (Rabbi Moshe Maimonides, Spain-Egypt, 1135-1204), who writes that if a person's parent became senile, then the son should move somewhere else – implying that under normal circumstances one should live near his parents. Furthermore, the Sefer Ha'hasidim (by Rabbenu Yehuda Ha'hasid, Germany, 1150-1217) writes that if one's parents instruct him not to get married, because they are afraid that he would then move away, he should not listen to them; rather, he should get married and live with or near his parents. Once again, we see that if the parents want their child to live near them, then he should accede to their wishes. The Midrashic volume Yalkut Reubeni similarly comments, "It is an honor for a parent to live near his children." This is also the position of the Aruch Ha'shulhan (Rav Yehiel Michel Epstein of Nevarduk, 1829-1908), who writes that a person does not have to accede to his parents' demand that he not go away from town to learn Torah. The Gemara writes that Yaakob was not punished for the years he spent away from home learning in the yeshiva of Shem and Eber, thus demonstrating that one may leave his parents' town – even against their wishes – for the purpose of learning Torah. Otherwise, however, one must remain near his parents. This is, indeed, the Halacha. Just as one must acquire Tefillin so he can fulfill the Misva of Tefillin each day, similarly, one must ensure to live near his parents so he can fulfill the important Torah obligation of Kibud Ab Va'em. Even if the parents do not need their child to care for them, nevertheless, if they want him to live near them, he should accede to their wishes. There are, however, several important exceptions to this rule. The Aruch Ha'shulhan rules that if one needs to move away for purposes of earning a living – meaning, his job requires him to relocate – then he may move away even against his parents' wishes. Furthermore, if living near one's parents may threaten his Shalom Bayit (peace in the home), such as if they will meddle in his personal affairs and interfere with his marriage, then he may move away. Certainly, if there are no suitable options for one's children's Jewish education in the area where his parents live, then he may move elsewhere for the sake of his children's education. And, it goes without saying that if the parents approve of their child's decision to move away, then he is permitted to do so. Summary: The Misva of honoring parents requires a person to live near his parents, unless they do not mind if he lives elsewhere, or if he must live somewhere else for reasons such as work or his children's education, or if he fears his parents may interfere with his marriage.

The Sages enacted certain prohibitions out of the concern of "Lazut Sefatayim" – rumors and allegations that might spread as a result. These laws forbid one from placing himself in a situation which would result in people speaking about him negatively and spreading embarrassing rumors about him. A classic example of this Halacha is a law codified in the Eben Ha'ezer section of the Shulhan Aruch (12) regarding a woman whose husband has gone missing, Heaven forbid. The woman in such a case is an "Aguna" (literally, "chained"), meaning, she is unable to remarry, because she has not received a Get (divorce contract) from her husband, and her husband has not been confirmed dead. Halacha allows such a woman to remarry based on the testimony of a single witness that her husband died. Although Halacha generally discounts testimony that is rendered by only one person, and requires at least two witnesses for any legal matter, the situation of an "Aguna" is an exceptional case where the testimony of even one witness is accepted. However, if one witness testifies to the husband's death, thus permitting the woman to remarry, the witness may not marry the woman. If he would marry her, people would likely spread rumors that he in truth did not see the husband die, and gave false testimony about the husband's death so that he could marry the wife. In order to avoid these allegations, a witness is not permitted to marry the woman who became eligible to remarry based on his testimony. However, if two people testify to the husband's death, then one of them is allowed to marry the widow. People are not likely to allege that somebody falsely testified so that somebody else can marry the woman he desires. Therefore, if there were two witnesses, there is no concern of rumors, since it does not seem probable that the witness who marries the woman persuaded his fellow witness to falsely testify. It is only when the testimony is given by one witness that people may accuse him of rendering false testimony if he marries the woman. Summary: The Sages enacted several prohibitions to avoid the possibility of false rumors and allegations about a person. Thus, for example, if a witness testifies that a man died, such that his wife is able to remarry, he may not marry the woman, as people will suspect him of testifying falsely so he could marry her. If, however, two witnesses testify, then one of them may marry the woman.

The Gemara in Masechet Sota (46) comments, "Anyone who escorts his fellow four cubits – he does not suffer harm." This passage establishes the Misva of escorting guests from one's home after their leave. The Sages teach that if a host walks with his guest even just four Amot (6-8 feet) outside the door of his home, it grants the guest protection along his journey. A number of Halachic scholars raise the question of why this Halacha does not appear anywhere in the Shulhan Aruch. Some explain that this Halacha applied only in ancient times, when road travel did not entail as much danger as it does nowadays, and thus escorting guests four Amot could protect them. In our times, however, escorting guests cannot guarantee protection. The En Yaakob, however, disputes this position. In any event, although the Halacha of escorting guests does not appear in the Shulhan Aruch, it is mentioned by the Rambam (Rabbi Moshe Maimonides, Spain-Egypt, 1135-1204), in Hilchot Abel (chapter 14). He writes (listen to audio recording for precise citation) that there is a Misvat Aseh (affirmative command) to escort one's guests, which falls under the general category of Gemilut Hasadim (performing acts of kindness). Although this specific obligation was ordained by Hazal, the Rambam adds, it is also included in the Biblical command of "Ve'ahabta Le're'acha Kamocha" ("Love your fellow as yourself"), which requires treating others in the manner in which one would want them to treat him. The Rambam emphasizes the great reward for escorting guests, and notes that this practice was instituted by Abraham Abinu, who would invite guests, feed them, and then escort them. The value of hosting guests, the Rambam writes, exceeds that of greeting the divine presence, and escorting guests is even greater than hosting them. The Rambam concludes his discussion by citing Hazal's remark that one who hosts guests but does not escort them is considered as though he kills them – because he denies them the protection that they need as they travel to their destination. The Kaf Ha'haim (Rav Yosef Haim of Baghdad, 1833-1909), in Siman 110, writes that the word "Levaya" ("escorting") may be read as an acronym representing the words "Le'hayim U'le'shalom Yelech Ha'ore'ah" – "The guest shall go for life and peace" – indicating the protective powers of escorting. Furthermore, when the word is read backwards, its letters spell the phrase "Ha'melave Yelech Ve'yashob Le'shalom" – "The escort shall go and return in peace" – indicating that the merit of this Misva protects the host, as well. And the Abkat Rochel noted that the letters of the world "Levaya" also represent the phrase "Ve'lo Yiten Ha'mash'hit Labo" – "He will not allow the destroying angel to come" – further emphasizing the ability of escorting to protect the guest from harm. The Kaf Ha'haim adds that after the host escorts the guest, the guest should not tell the host to go back home. He should rather allow the host to return when he chooses to. A story is told of the Gaon of Vilna (1720-1797) that demonstrates the importance of escorting guests. There was a man who lived at that time and was renowned for his generous hospitality. He welcomed many guests and treated them with royalty. One day, a fire broke out in his home and burned the entire house. The people approached the Vilna Gaon and asked how it was possible that a home that welcomed so many guests with such generosity could burn down. The Gaon answered by citing the verse in the Book of Bereshit (21:33) that relates that Abraham Abinu planted an "Eshel." Rashi explains that this refers to Abraham's hospitality, as the word "Eshel" represents the words "Achila" ("eating"), "Shetiya" ("drinking") and "Levaya" ("escorting"). The Gaon noted that if a person welcomes guests but does not escort them, fulfilling only "Achila" and "Shetiya," then instead of "Eshel," he has only "Esh" – "fire," Heaven forbid. Indeed, great Torah Sages have always gone to great lengths to escort their guests outside their homes. Hacham Ben Sion Abba Shaul (Israel, 1923-1998), even when he was old and frail, would ensure to put on his slippers to escort guests outside his apartment, to the elevator or to the stairs. Many Sadikim would escort their guests outside their home and wait until the guests were out of view. Technically speaking, however, one must escort guests only four Amot out of his home. And the merit of this great Misva will guarantee protection to both his guests and himself. Summary: It is a Misva to escort one's guests four Amot (6-8 feet) outside his home, and this serves as a source of protection and blessing for oneself and for his guests.

In Siman 303, Maran discusses various items which may not be worn in the public domain on Shabbat, out of concern that one may remove it and carry it. This could happen because either he wants to show it off to someone else, or he is embarrassed and wants to hide it from someone else. One example of an item that a person may be embarrassed by is a gold tooth. Therefore, the Shulhan Aruch prohibits walking in the public domain with such a tooth. On the other hand, a silver tooth does not present a problem because it does not stand out in the same way. Hacham Bension (Or Lesion 23:1) rules that nowadays even a gold tooth is not a problem. Today, such teeth do not embarrass people. Moreover, even if one would want to remove it, they are implanted in a permanent fashion. He also rules that a bite plate is not a problem for the same reason. He reasons that it is no different from a Kami'ah (amulet) worn for health. Braces would certainly be permissible, because they are attached. Yalkut Yosef rules that dentures are not a problem to wear in the public domain. It is not likely that someone would remove them in public, and there is nothing embarrassing about them. Similarly, there is no problem to wear Invisalign. SUMMARY It is permitted to wear gold teeth, dentures, bite plates, braces and Invisalign in the public domain on Shabbat.

The Gemara applies a number of restrictions on folding clothes on Shabbat. The Poskim discuss whether these restrictions also apply to folding bedding, such as quilts or sheets. The Magen Abraham (Rav Abraham Gombiner, Poland, 1637-1682) permits making beds on Shabbat, if doing so creates an orderly and clean Shabbat environment. Based on this, the new volume of Mekhereh Eres (Vol. 6) permits folding a quilt on the crease, in order to keep the house neat and orderly. He adds that preferably this should be done before late afternoon, so as not to give the impression that one is preparing for after Shabbat. However, it is permitted to make the beds in an upstairs bedroom, even if the people in the house are downstairs. Moreover, it is quite possible that the prohibition of folding applied only to clothing. This is evident from Rashi's interpretation to the Gemara's (Shabbat 113) use of the word "Kelim" to mean clothing. SUMMARY It is permitted to fold bedding on Shabbat, in order to create a neat and orderly environment in the home. Preferably, this should be done before late afternoon.