18 Jul HALACHOS OF THE “NINE DAYS”
In this issue we will
discuss the halachos
that apply to the nine
days. During the nine
days we are not allowed
to do many more
actions than those that are
customarily not done from
Shivah Asar B’Tammuz
through during the time
before Rosh Chodesh
Av. Issues such as painting, buying clothing,
showering, swimming, cutting nails, eating
meat, washing clothing and many other halachos
will be discussed in this issue. (Please note:
Hhaircuts, Wweddings, Mmusic and reciting a
Shehecheiyanu apply to the complete three- week
period, and we will not be discussing them in this
issue.)
Rosh Chodesh Av – Less Joy
The month of Av is a sad time for Jews, so we
refrain from many activities. One reason that the
restrictions begin from Rosh Chodesh is that when
the Beais Hamikdaosh stood, Rosh Chodesh was
a Yom Tov, when koarbanos were brought. It was
a day that all Jews were unified. We are saddened
today when the Beais Hamikdaosh is not here,
so we start the mourning from Rosh Chodesh.
Many have the custom to call this month as
Menachem Av, in order to bentch each other that
this month should not be a month of mourning.
The Mishnah says that when Rosh Chodesh Av
is upon us we lessen our joy (see footnote). This
is codified by the poskim as well. Activities of joy
include business dealings, building and planting.
Each one of these will be discussed below. All
these activities are permitted on the tenth of Av.
An interesting question arises as to whether the
restrictions begin from shekiah of Rosh Chodesh
Av or from tzeis hakchochavim. The custom is
to refrain from shekiah. Those who wait until
seventy-two minutes for other areas in halachah
can do the same here as well. One who has a court
date with a non-Jew should push it off until after
the nine days have passed since it is a time of
bad mazal. SomeOthers say to push it off until
Rosh Chodesh Elul, while others say until Tu
B’Av. One should not undergo surgery during
the nine days because of bad mazal. According to
the lenient opinion, one would be allowed to have
surgery after Tishah B’Ava’v.
Business Dealings
According to the Shulchan Aruch one should
lessen his business dealings from Rosh Chodesh
Av until after Tishah B’Aav. However, the custom
is that regular business dealings are permitted
since only dealings of joy are forbidden. Based
on the above, the Aruch Hashulchan says that
we conduct our regular business dealings during
the nine days. Others permit regular business
dealings because we need the business for our
livelihood. If abstaining will cause a loss because
the opportunity will not present itself again, then
it is permitted.
Building – House Decorating
From Rosh Chodesh Av until after Tishah B’Aav
(refer below until when this is avoided) we do not
construct a joyous building. This includes a home
for a newlywed, or a beautiful design. One may
not paint, put up wallpaper, or install a carpet or
tiles during the nine days. A structurally damaged
wall may be repaired, even if there is no danger
of injury. A car wash is permitted during the nine
days. Any construction that is for pleasure but is
not essential should be avoided during the nine
days. One who is in need of an extension because
his home is too small or he needs a porch may
do so. Fixing a chair or table is permitted. One
should not buy furniture during the nine days
since it beautifies the home. If one hired a non-Jew
before Rosh Chodesh Av to do a project, then the
non-Jew may continue even during the nine days.
This is permitted since the non-Jew is acting on
his own. One who rented an apartment or bought
a house may paint and make necessary repairs if
occupancy will not occur until after the nine days.
Building for a Mitzvah
Building for a mitzvah is permitted during the nine
days. Therefore, a ma’akeh (fence in a dangerous
place) may be built during the nine days.
Furthermore, building a shul or beais meidrash is
permitted. In addition any public need is defined
as a mitzvah need.
Landscaping
Planting which brings one joy is not permitted
during the nine days. This includes planting
flowers to beautify the lawn. Overgrown grass
may be trimmed if it impedes normal walking. If
the mowing only serves to beautify the lawn, it
is forbidden. Planting a tree or plant during the
nine days is permitted since it does not bring joy.
Watering plants is permitted during the nine days.
Clothing – Laundry
According to the Ashkenazi custom, clothing
may not be washed during the nine days even if
they will not be worn until after Tishah B’Ava’v.
This applies to ironing as well. Clothing worn for
a mitzvah is permitted. The reason for the issur
is because it shows that one is not thinking about
the aveilus. Others explain that wearing freshly
laundered clothes brings joy. Therefore, a non-
Jew may not wash a Jew’s clothes (see below).
One who does not have other clothes may wash
them in honor of Shabbos. Some say that one may
begin a load of laundry on the afternoon of eErev
Rosh Chodesh, even if the load is not completed
until night. One who needs to wear nice clothes for
his job may do so during the nine days.
Spot Cleaning and Other Cleaning
The opinion of many poskim is that even spot
cleaning a stain on a garment is considered
washing clothing and is prohibited. However, it
seems that the custom is to be lenient with regard to
this. One may dust off a garment, or use a brush or
scratch with a fingernail to remove a stain. Using a
vacuum cleaner during the nine days is permitted.
Washing a Sheitel
There is a discussion in the poskim whether
washing a sheitel is defined as washing clothing.
Some poskim prohibit this. However, the custom
of many is to permit this, but it is still preferable
that one should still wait until after Tishah B’Aav.
Going to the Cleaners
One may not drop off clothing at the cleaners from
Rosh Chodesh Av until after Tishah B’Aav, even
if the cleaners were told to clean it after Tishah
B’Aav. However, the clothing may be delivered
before Rosh Chodesh Av even if they will be
cleaned during the nine days. Some say that one
may pick up clothes during the nine days, as no
one might think that the clothes were dropped off
during the nine days.
Non-Jewish Help
A non-Jewish maid may not wash clothes during
the nine days.
Wearing Laundered Clothes – Making them
Dirty
One may not wear freshly laundered clothing
during the nine days. There are a number of
means to prepare clothing for the nine days. One
option is to wear the garments before the nine
days start. There is a difference of opinion as to
how long one has to wear the garments. Some
say that any amount of time is good, while other
opinions require one hour, a half hour, orand
fifteen minutes. One may wear many garments
at the same time. Another option is to throw the
garments on the floor in a way that it they gets
somewhat dirty. One may step on them as well.
Throwing it them on a clean floor is insufficient.
Freshly laundered linen is also considered
laundered clothing. Some say that one who stays
in a hotel may sleep on the fresh sheets, but should
put them on the floor beforehand if possible (see
above). One should notify the cleaning crew not
to change the sheets throughout his stay. Others
say that most people are disgusted by sleeping on
soiled linen, so one may prepare freshly laundered
linen for a guest.
Changing the sheets is permitted in a hospital or
nursing home since it is done for the health of the
patients. According to some poskim, if one did not
have time to prepare his clothing before Shabbos
Chazzon, then he may do so on Shabbos Chazzon
as along as he does not say that he is doing it for
the nine days. Sephfardim wear laundered clothing
until the week of Tishah B’aAv. During this period,
an Ashkenazi may ask a Sephfardi to wear clothes
for him, and then he may wear them.
What Is Included and Not Included in
“Laundered Clothing”
The poskim say that “kli pishtan” may be worn
during the nine days, as they are worn close to the
flesh. Therefore, the sweat is not removed when
they are ironed, so they do not look new. Some
say that handkerchiefs and tablecloths should not
be laundered during the nine days, while others
argue with this premise. Nonetheless, since we
have tissues today one should be stringent with
handkerchiefs. According to many poskim one
may not change his undergarments during the
nine days if they were not worn beforehand (see
above), while others are lenient with this. Most
people follow the first opinion. The same dispute
applies to socks and undershirts. The custom is to
permit the use of freshly laundered hand towels.
Jewish-Owned Cleaners
During the week ofthat Tishah B’Aav, a Jew may
not wash the clothing of a non-Jew because of
maris ayin, for people think that he is washing a
Jew’s clothing. Some permit the operation of a
store in a non-Jewish area; otherwise, one should
close his store during the nine days.
If One Has Only One Garment
One who only has one garment may wash it
until the Shabbos before Tishah B’Aav. If one
miscalculated his supply of undergarments, he
may wash them until the week of Tishah B’Aav.
This does not apply to other clothing such as pants
and shirts.
Going Away
One who is going on vacation or to a friend for
the nine days should bring enough garments to last
nine days. Others say that it if it is a big bother one
may wash his clothes. Nonetheless, it is better to
avoid this and one should bring enough clothing.
Washing Children’s Clothing
Children are notorious for soiling their clothing. Is
it permitted to clean their garments or do they have
the same halachos as adults? An adult may not
wash children’s clothing during the week of Tishah
B’aAv. However, clothing of a child that gets dirty
may be washed, because this washing does not
bring joy. Nonetheless, the clothing should be
washed in private if possible (see footnote). There
is a debate concerning the maximum age for this
leniency. Some limit it to children who are 2-3
years old, others say 3-4 years old, and others
permit until 6-7 years old. The accepted custom
is that as long as the children dirty their clothing,
they may be washed regardless of age. Some say
not to wash too many garments together, but
today with the advent of the washing machine, the
custom is to wash many garments together. There
is a discussion in the poskim if it is better to buy
new clothes or to wash clothing. The consensus is
that washing is preferred. It should be stated that
when one washes children’s garments, he may not
add any other clothing to the machine.
Washing Floors
There is a discussion in the poskim whether
washing the floor is permitted during the nine
days. Some say that one can be lenient in honor
of Shabbos. If children will be rolling on the floor
and getting dirty, then the floor may be washed.
The custom is that a non-Jew may clean the floor
even if it is not for the honor of Shabbos. However,
the custom is to be lenient even during the week.
Waxing the floors is prohibited
Shoe Shining
There is a discussion in the poskim if shoe shining
is permitted during the nine days. Some poskim
are stringent and some are lenient, while others
are only lenient in honor of Shabbos.
Wearing Shabbos Garments (during the week)
One may not wear Shabbos clothing during the
nine days.
Bris and Other Simchos
When a bris takes place during the nine days,
the mohel, father, mother , and sandek may wear
Shabbos clothing. The kevatter may not wear
Shabbos clothes. All other people who have
kibbudim (holding the baby during the recital of
the name, etc.) may not
wear Shabbos clothes.
Some say that other
relatives who would
normally wear Shabbos
clothing to a bris may
wear them to a bris which
falls out during the nine
days as well. Shabbos
shoes are permitted if they
are not new. At a pidyon
haben, the kohen and the parents of the child may
wear Shabbos clothing. At a bar -mitzvah, the bar
-mitzvah boy and his parents may wear Shabbos
clothing. One who has a date with a prospective
girl may change his clothing during the nine days.
One should not wear Shabbos clothing or newly
laundered clothes while posing for professional
pictures.
Wearing Shabbos Clothing on Shabbos
The opinion of some poskim is that one does not
change his clothing even for Shabbos Chazzon,
except for his undershirt because it is full of sweat
from a whole week. Shabbos clothing is defined as
clothing which one wears only for Shabbos, but not
on other festive occasions such as Chol Hamoed
and Purim. The reason is that the crease is still
recognizable in the clothing, and it is considered
like new clothing. If Rosh Chodesh Av falls out
on Friday or Shabbos then Shabbos clothes are
permitted. According to all opinions, one may
change “clothing that is worn close to the body.”
The custom today is that all Shabbos clothing is
worn on Shabbos, and the custom to wear weekday
clothing on Shabbos has been discontinued.
The reasoning for this is detailed in the Aruch
Hashulchan (this applies even if Shabbos clothing
have the same style as weekday clothing but are
simply nicer). ). Although the custom is to wear
Shabbos clothes on Shabbos Chazzon, some say
that one should avoid changing one garment. New
garments are forbidden unless one does not have
anything to wear. Some are of the opinion that
one should not change into his Shabbos clothes
on Erev Shabbos until plag haminchah, while
others say from chatzos. Some permit this even
before chatzos. Many poskim say that one does
not have to remove his Shabbos garments right
after havdalah.
Washing One’s Body – Showering
One of the main issues regarding the nine days is
showering and bathing. It is a widespread custom
to refrain from washing even with cold water
from Rosh Chodesh Av until after Tishah B’aAv
(see below when the restriction expires), while
others have the custom to refrain from washing
only the week of Tishah B’Aav. The custom of
the Ashkenazim follows the first opinion. It is
permitted to wash for a mitzvah (i.e. a woman
who has to go to the mikvah) even with hot
water. A pregnant woman in her ninth month
may bathe even in hot water. The reason is that
this washing is for health purposes and not for
enjoyment. Similarly, one who is actually dirty
may wash since he is not doing so for pleasure.
The custom is to refrain from washing one’s entire
body, but washing one’s face, hands and feet is
permitted with cold water without soap. Children
are usually washed every day, and they are not
included in this prohibition (see below regarding
swimming for children). Based on the above, there
would be no heter to wash more than one’s face,
hands and feet during the week with cold water.
Why do most ofmany in kKlal yYisraoel shower
and wash their whole body with hot water and soap
during the week? The logic is as follows. Bathing
which is not for pleasure is permitted even with
hot water. Others say that only cold water may
be used. Some limit washing to the sweaty areas
only. One who is an istanis (delicate person) is
permitted to take a shower with cold water during
the nine days, but without soap if the sweat can
be removed without it. Therefore, since we shower
to remove dirt or sweat we may do so with hot
water, and if the sweat cannot be removed without
soap, then soap is permitted as well. Showering
is permitted during a heat wave even with soap
if one cannot remove the sweat without it. Some
say that a if a rebbi can teach Torah if he removes
the sweat, then he is permitted to shower his entire
body with cold water since it is considered like a
mitzvah.
Showering for Shabbos Chazzon
The custom to refrain from showering applies to
Shabbos Chazzon as well. One may use hot water
for his face if he does so every Erev Shabbos, but
without soap. However, using even cold water
for his entire body is prohibited on Erev Shabbos
Chazzon, even if one does so every Erev Shabbos.
If Rosh Chodesh Av falls out on Erev Shabbos then
one is permitted to wash his whole body even with
hot water, if he does so every Erev Shabbos. Based
on this rule, how can we shower on Erev Shabbos
Chazzon with hot water and soap?Some say that
if the sweat cannot be removed without soap then
it is permitted. Some argue that since today we
all have showers in our homes and we shower
frequently, it would be a bitul of oneg Shabbos if
we did not shower, especially if one did not shower
since Rosh Chodesh Av. Technically, this would
only permit cold water, but we rely on the opinion
that if washing is not for pleasure then even hot
water is permitted. Some say that the reason it is
permitted is because washing on Erev Shabbos
is a mitzvah. Showering or mikvah should be
completed l’chatchilah by midday. The custom
seems to be lenient with this since it is very hot in
the summer and one would need another shower
before Shabbos to remove his sweat.
Mikvah
One who goes to the mikvah every Erev Shabbos
may do so on Erev Shabbos Chazzon as well.
Many say that this is only permitted with cold
water. In any case, one should not linger in the
water but he should do what he has to and leave.
So too, a woman in her ninth month may go to the
mikvah as a segulah.
Swimming
The custom is to refrain from going swimming in
rivers and streams during the nine days because
it is enjoyable and it is like washing one’s entire
body. One who needs to swim every day for
medical reasons may do so even during the nine
days. The opinion of many poskim is that children
may go swimming during the nine days. However,
this should only be done in private. Similarly,
young children may play with a sprinkler, but one
should not do it in public. Additionally, one should
not go canoeing during the nine days, as he may
fall into the water and wash his entire body.
Brushing Teeth
Brushing teeth is permitted during the nine days.
Buying Clothing Etc.
A common question arises during the nine days
is regarding the purchasing of new clothing.
Purchasing new clothing is not allowed during
the nine days. This includes, shoes, socks, suits,
shirts, underwear, linen, towels, pants etc. even if
the garments are for children. This applies even if
one does not intend to wear the garments until after
Tisha B’av. Second hand clothing are included in
this as well if they give the buyer pleasure. One is
allowed to buy clothing for a baby born during the
nine days if there are no other clothes available.
Clothing that are on sale at a considerable discount
may be purchased if the item will not be available
at that price after Tishah B’av. If someone needs
an item that can only be purchased in a certain
location comes to that location during the nine
days, he does not have to wait until after Tishah
B’av, but may purchase it while he is in that
vicinity. One is allowed to buy slippers etc for
Tisha B’av during the nine days. In addition, one
is allowed to purchase a tallis kattan and tefillin
as well. One who will be traveling after Tishah
B’av can be lenient and purchase new clothing if
it will be difficult to do so after Tishah B’av. One
whose eyeglasses broke, and he has no others,
may purchase new ones during the nine days. The
Mishnah Berurah allows a chassan and kallah to
purchase wedding clothing during the nine days.
One may return bought items for a refund or store
credit (to be redeemed after Tishah B’av) during
the nine days. However, returned items may not be
exchanged for other new items until after Tishah
B’av. Some refrained from purchasing new
sefarim during the nine days, while the custom is
to be lenient.
Fixing Clothing
One is not allowed to sew, weave, knit, or tailor a
new garment during the nine days even if it will
not be worn until after Tisha B’av. If a garment
tore and needs repair it may be repaired during the
nine days. Girls may weave as a camp activity.
Women should not sew just to pass the time.
Some permit needlepointing or embroidery of
non-clothing items such as a tablecloth etc if they
are not expensive. Sewing a name tag on clothing
during the Nine Days (applicable if the child will
be going to camp during or after the Nine Days)
is permitted.Sewing lessons may not taught during
the nine days if the material used in the practice
will never be completed as a usable garment. A
Jewish tailor or seamstress who earns a livelihood
from sewing etc is allowed to do so during the nine
days . However, the material or the clothing to be
worked on should be given to the tailor etc before
Rosh Chodesh Av. During the week in which
Tishah B’av occurs it is preferable that the tailor
refrain from such activities. One may not ask a
non-Jewish tailor to make or repair a new garment
that will be ready after Tishah B’av.
Eating Meat and Drinking Wine
Since meat and wine bring joy, the custom
is to refrain from them during the nine days,
including Rosh Chodesh. This is the custom of
the Ashkenazim. One should not be lenient with
this. The Sephfardim only practice this restriction
during the week of Tishah B’aAv. The custom
applies to meat and chicken alike. Vinegar is
permitted during the nine days. A sick person may
eat meat during the nine days.
Meat on Shabbos Chazzon
The custom to refrain from eating meat does not
apply to Shabbos. Meat left over from Shabbos
Chazzon may not be eaten during the nine days.
Some say that if one did not intend to leave over
meat then he may eat the leftovers during the nine
days, but if he purposely cooked more meat than
he needed for Shabbos then it is forbidden.
Siyum during the Nine Days
As mentioned before, the Ashkenazim do not eat
meat or drink wine during the nine days. The
Reama says that at a seudas mitzvah like a bris
milah, pidyon haben or “seudas siyum” one
may eat meat and drink wine. If one was not
planning onmaking a siyum during the nine days,
he should not hasten the
Cutting Nails
There is a discussion whether cutting nails is
permitted until the week of Tishah B’Aav, or even
forbidden from Rosh Chodesh. Some say that one
should avoid cutting nails unless Tishah B’aAv
falls out on Shabbos (in which case one may cut
his nails on Friday) or a woman who needs to cut
her nails for tevilah. However, the custom of some
is to be lenient with this. Biting nails is permitted
according to all opinions. learning in order to
finish it during this time. Some are lenient with
this. However, one should follow the first opinion.
Those who attend the siyum may eat meat even if
they did not learn the maesechta. When a siyum is
made in a camp or yeshivah, all those present may
eat meat; this includes both women and children.
One may not bring the food outside of the place
where the siyum is taking place. One may not
hear the siyum and then go make a barbeque in a
different location (this is common in camp). The
poskim debate whether the maesechta may be
divided between people in order to make a siyum
during the nine days. One who was not present
at the siyum, but came after the actual siyum was
made, may still eat meat.
Nine Days Until When?
Eating meat, drinking wine, washing the
body, doing laundry, washing freshly laundered
garments, and buying new garments are all
allowed after chatzos the morning after Tishah
B’av. If it is necessary one may launder children’s
clothing after Tishah Ba’v. One who is traveling
right after Tisha Ba’v and does not have any
clean clothing may launder his clothing right after
Tishah B’av. When Tishah B’av is on Shabbos,
and we fast on Sunday, then all activities besides
for eating meat and drinking wine is allowed right
away on Sunday night after the fast.