THE FOLLOWING HALACHOS ARE PERMISSIBLE TO BE LEARNED ON TISHA B'AV:
After the conclusion of Shacharis and Kinos on Tisha B'Av morning it is customary to visit a Jewish cemetery and stand at least four Amos away from the actual graves and recite prayers and request that Hashem have mercy on us in the merit of the Neshamos, souls, of the deceased. (Rama Siman 559:10 and Mishna Berura S"K 41)
If no Jewish cemetery is nearby, standing outside of a non-Jewish cemetery also suffices, as it reminds us that we are "lifeless" in our mourning. (Mishna Berura ibid.)
This visit to the cemetery should be alone or with one more person, but not with a group, as that will be considered a "trip" which is forbidden lest it lead to levity and lightheadedness and our minds forgetting about the Churban Bais HaMikdash. (Mishna Berura ibid. based on Shulchan Aruch Siman 554:21)
If this visit to the cemetery will necessitate wearing leather shoes, it is best to forgo the visit. (Mishna Berura ibid.)
2) No preparations should be made for the post Tisha B'Av meal until after Chatzos (Halachic midday) on Tisha B'Av day. (Shulchan Aruch Siman 559:10)
The house should not be cleaned up nor should the beds be made up before Chatzos on Tisha B'Av day. (See Aruch HaShulchan Siman 554:21)
This concludes our studying the Halachos of Bein Hametzorim.
May it be the will of Hashem that we not need to review these Halachos ever again, and instead may we all learn, from our teacher Mashiach Tzidkeinu, the "practical" Halachos of how to build the Bais Hamikdash and how to bring Karbanos.
לשנה הבאה בירושלים הבנויה
QUESTION & ANSWER CORNER
Reader Submitted Questions of interest on topics related to Halachos we covered, as well as other interesting topic and Answers.
These Q&A are taken from the Q & A pages on the Halacha For Today website.
Although the answers I give to questions are taken directly from the Sifrei HaPoskim, and aren't my own, they are still for study purposes only, NOT for Psak Halacha.
Questions can be emailed to HalachaForToday@Gmail.com
QUESTION:
Does it specifically say in the Torah that during the 3 weeks, nine days and Tisha B'Av there should be no parties? Is it really a sin to listen to music?
ANSWER:
It isn't a Torah prohibition; it was instituted by the Rabbis after the destruction of the temple and it should be taken very seriously.
The Talmud (Bava Basra 60b) tells us :All who mourn Jerusalem will merit and see her when she is joyful, and whoeverdoes not mourn Jerusalem will not see see her when she is joyful."
The prohibition isn't the party (even though, those should be avoided too in the 3 weeks), it's the music and the dancing that was forbidden in this time period due to it being a period of mourning for the destruction of the temple. Even an engagement party or a Seudas Mitzvah may not have music during the three weeks, and surely not a birthday party. (See Mishna Berura Siman 551:16 based on the Magen Avraham).
Live music is surely prohibited, and even recorded music is prohibited. This applies to men and women and even to older children, as this is a national time of mourning. (Ruling of Rav Moshe Feinstein zatzal in Igros Moshe Orach Chaim Vol. 4 Siman 21:4. See also Orach Chaim Vol. 1 Siman166 and Vol. 3 Siman 87. See also Minchas Yitzchok Vol. 1 Siman 111 ).
Many authorities even prohibit acapella style music,which is without instruments, rather with sounds made by mouth to mimic instruments. Some authorities are lenient with this kind of recording. But it is best to be stringent if possible. (See Shu"t Shevet Haleivi Vol. 8 Siman 127:2, Shu"t Tzitz Eliezer Vol. 15 Siman33:2. See also Sefer Ishei yisroel page 765 who quotes Rav Chaim Kanievsky Shlita who is stringent. Rav Ovadiya Yoseph Shlita in Shu"t Yechave Da'as Vol. 3 Siman 30 is also stringent)
Keep in mind, that according to the Gemara, it is prohibited to listen to music for pleasure all year round! This is also the opinion of the Bais Yoseph, Rambam, many other Rishonim as well as contemporary Poskim such as Rav Moshe Feinstein Zatzal. Though we are lenient all year round for various reasons, for these three weeks a year when all Poskim agree that we must be less happy than usual, there is no real heter for listening to music, much less attending a party with live music.
More importantly, The pasuk tells us (Tehilim 137:5 and 6) "If I forget thee, O Jerusalem, let my right hand forget her cunning. Let my tongue cleave to the roof of my mouth, if I remember thee not; if I set not Jerusalemabove my chiefest joy."
As Jews, we must never forget that we are in exile and although we are too weak to mourn properly all year round, these three weeks are important to at least follow the minimal guidelines of mourning instituted by our sages.
May we merit the speedy arrival of Mashiach, and the rebuilding of the Bais HaMikdash real soon.
CHIZUK CORNER
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This section is dedicated L'Ilui Nishmos the Telzer Rosh Yeshiva, HaRav Chaim Yaakov Stein Zatzal , the Mir Rosh Yeshiva, HaRav Noson Tzvi Finkel Zatzal and the Rosh Yeshiva of Torah Ohr, the great Posek HaRav Chaim Pinchas Scheinberg Zatzal.
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