Introduction

Tisha B’Av, the 9^th day of the month of Av, is a day of mourning and fasting for Jews worldwide, commemorating the tragedies that befell the Jewish people on this day. A companion article on this web site “Tisha B’Av – History” discussed the historical development and significance of this day as well as lessons for the future using classical sources from the written and oral Torahs. This article will focus on the way Tisha B’Av is observed through the lens of Halacha quoting from the Talmud, Maimonides Mishneh Torah, and Shulchan Aruch with associated commentaries. The author will frequently quote from 20^th century authorities in Halacha including:

• Mishna Berurah
• Aruch Hashulchan
• Kaf Hachayim – written by Rabbi Yaakov Chaim Sofer who was born in Baghdad and settled in Israel where he composed his works.     

In addition to the classical early 20^th century sources listed above, the author will quote from the following sources of the 21^st century:

• Dirshu edition of Mishna Berurah (referenced in this article as Dirshu).
• Yalkut Yosef – Saka Edition (referenced in this article as Yalkut Yosef). 

The former source provides detailed notes from contemporary decisors of Halacha with direct linkage to the texts of the Mishna Berurah. In addition the Dirshu organization has supported many initiatives in advanced Torah study (https://dafhalacha.com/all-dirshu-programs/).

The latter source is an authoritative, contemporary work of Halacha written by Rabbi Yitzhak Yosef, current Sephardic Chief Rabbi of Israel based upon rulings of his father, a former Sephardic Chief Rabbi of Israel, Rav Ovadia Yosef of blessed memory. The Saka edition presents these rulings in English in an easy to read format with detailed footnotes. 

Halacha

This article will discuss and analyze the following topics:

• Meal before the fast.
• Laws of the Fast.
• Prohibitions of the 9^th of Av.
• Special prayers.
• Readings from the Torah and prophets. 

Meal before the Fast

The meal immediately before the fast is subject to certain restrictions as discussed below. The Shulchan Aruch (Orach Chaim 552:9), based upon Taanit 30a, rules that these restrictions only apply when this meal is consumed:

• As the last meal before the fast.
• After midday.

Hence the Rema (ibid.), based upon Lamentations Rabbah Proem 17, recommends eating a larger meal before the afternoon prayer and reciting grace after this meal. Upon returning home, one consumes this last meal with these restrictions. The Mishna Berurah (552:22) quotes views that object to this recommendation because a person may eat so much prior to the last meal that there is no room for the final meal. Similarly the Aruch Hashulchan id (552:10) is not in favour of a large meal before the final meal. The Mishna Berurah (ibid.) concludes with a compromise between these two views. One may eat a meal before the prayer to withstand the fast but leave room for the last meal before the fast.

The Shulchan Aruch (Orach Chaim 552:1), based upon the Talmud (Taanit 26b), rules that at the meal before the fast the following restrictions apply:

• One cooked dish.
• Minimize pleasure and personal honour.

Rabbeinu Asher ben Jehiel (also referred to as the Rosh) of the 13^th and 14^th centuries was an eminent rabbi and Talmudist who wrote a running exposition on the Talmud in matters of Halacha. In his work on tractate Taanit (4:34) he provides the details of the one cooked dish and explains the reason for this restriction as minimizing pleasure to properly mourn for the destruction of the temple.

One Cooked Dish

There are several considerations of one cooked dish as follows:

• Foods which are cooked or roasted.
• Food items normally cooked together.
• Different foods cooked in one pot.
• One food item prepared in different ways.
• Foods eaten raw or cooked.
• Pickled foods.  
• Pasteurized foods

Cooked or Roasted

The Rema (ibid.) rules that there is no difference between food that is cooked or roasted (e.g. eggs or vegetables) because both types of food provide pleasure.     

Food Items Normally Cooked Together

Food items that are normally cooked together are considered as one food item (e.g. beans with eggs and onions) and may be consumed at this meal (Shulchan Aruch ibid.). However foods that are not normally cooked together (e.g. rice and beans) are considered as separate food items and may not be eaten at this meal.     

Foods Cooked in One Pot

The Rosh (ibid.) writes, that in his time, the custom in France was to consider different foods cooked in one pot as a single dish and may be consumed at this meal. By contrast the custom in Germany was to consider different foods cooked in one pot as separate dishes and may not be consumed at this meal. Considering the two customs, the Shulchan Aruch Orach Chaim 552:3) suggests following the latter as a stringency.  

Food Prepared Differently

Even one food item prepared in different ways (e.g. hard boiled and scrambled egg) are considered as two food items and may not be consumed at this final meal (Shulchan Aruch ibid.).    

Foods eaten raw or cooked

Foods that may be eaten raw or cooked (e.g. fruit or vegetables) are considered as a food item when cooked (ibid.). However there is no limit on the consumption of raw fruit or vegetables (Shulchan Aruch Orach Chaim 552:4).

Pickled Foods

The consumption of pickled foods at this meal is a matter of dispute (Yalkut Yosef 552:14). On one hand, in some areas of kashrut pickling is considered as cooking (Shulchan Aruch Yoreh Deah 105:1). On the other hand, pickling is not considered as significant in food preparation as cooking. For example one who takes a vow against eating cooked items may eat pickled food (Shulchan Aruch Yoreh Deah 217:4). Hence the Aruch Hashulchan (552:7) rules leniently and does not consider picked food as cooked and therefore is not subject to the limitation of one cooked item at this meal. According to both views one may eat a fresh salad with dressing because this dressing is not considered as pickling (Yalkut Yosef ibid.).  

Pasteurized Foods

The consumption of pasteurized foods (e.g. milk, butter, and cream cheese) at this meal is a matter of dispute. On one hand, pasteurization can be considered as cooking because the milk is heated to at least 72C (161F) for 15 seconds (i.e. HTST High Temperature Short Time) or 63C (145F) for 30 minutes (i.e. vat pasteurization). On the other hand, pasteurization does not improve the quality of the milk; rather it is a precautionary measure to prevent contamination which could lead to disease. Dirshu (552:10) cites opinions that consider pasteurizing as cooking and therefore these foods should not be consumed at this meal. However the Yalkut Yosef (552:16) does not consider pasteurizing as cooking and therefore these foods may be consumed at this meal. Similarly the Aruch Hashulchan (552:8) permits the consumption of cheese at this meal even in the form of blintzes since the crust and cheese are considered as one food item because they are normally eaten together. Although the Beir Haiteiv (552:5) permits dairy foods this meal this was before pasteurization and therefore has no bearing on this dispute.       

Minimize Pleasure

The following are not permitted at this meal to minimize pleasure:

• Fish
• Beverages
• Cake
• Dessert

Fish

The Shulchan Aruch (Orach Chaim 552:2) does not permit fish at this meal. The Mishna Berurah (552:6) explains that some people consider fish as meat (in reference to vows – Shulchan Aruch Yoreh Deah 217:8). In addition fish is considered as an important food and brings pleasure to the eater. However the Yalkut Yosef (552:6) allows the consumption of small sardines and salted fish because these items are not considered significant in terms of pleasure. Similarly the Aruch Hashulchan (552:8) permits the consumption of fish even with cooked potatoes or fish fried with butter (552:9) since these food items are normally cooked together.   

Beverages

The Mishna Berurah (552:4) does not permit consuming beer at this meal unless one is accustomed to drink beer at most meals (Shaar Hatziyun 552:2). Certainly one should not consume liquor at this meal to avoid drunkenness which will lead to forgetting about the destruction of the temple (ibid 552:1). Soft drinks (e.g. colas) should not be consumed at this meal because of excessive pleasure Dirshu (552:4). However tea and coffee are permitted because these beverages are commonly consumed at each meal and are primarily water based and not considered cooked items (ibid. and Yalkut Yosef 552:17). 

Cake

The consumption of baked items (e.g. cake, cookies, or crackers) at this meal is meal is a matter of dispute. On one hand, baked items may be considered as cooked items because in reference to the Sabbath both cooking and baking are prohibited (Dirshu 552:11). On the other hand, the Talmud only mentioned cooked items in this prohibition hence baked goods are permitted (Yalkut Yosef 552:8). In addition since a meal, as defined by the Talmud, includes bread the prohibition of one cooked item may imply that baked goods are not included in this prohibition. According to the former view, the prohibition of one cooked item does not include the basic bread for the meal. In any event the Yalkut Yosef (ibid.) recommends that one should eat these foods to withstand the fast, but not for pleasure.    

Dessert

The Rema (Shulchan Aruch 552:1) writes that to minimize pleasure one should not eat a dessert at this meal. In his time dessert may include radishes or salted foods.   

Menu

With all of these restrictions the reader may ask, “What is the preferred menu for this meal?” As discussed above the Halacha determines that this meal must consist of bread, one cooked dish, and a beverage.

Bread

The Aruch Hashulchan (Orach Chaim 552:5) recommends a bagel for bread because this food is used for the first meal of mourning after the death of a relative. The bagel being round symbolizes that death and mourning cycle around the world.  

Cooked Dish

The Shulchan Aruch (Orach Chaim 552:5) cites the custom to eat eggs stuffed with lentils as the one cooked dish for this meal. Since in the Middle East people eat eggs with year round it is considered as one dish. However the Mishna Berurah (552:13) comments that other authorities in Halacha allow either egg or lentils. The Tur Shulchan Aruch (Orach Chaim 552), written by the son of the Rosh, explains that these foods are round and closed, meaning that mourning (or death) goes around the world. In addition one should minimize speech during the time of mourning except for prayers and lamentations. It is interesting to note that eggs and/or lentils are consumed by the mourners at the beginning of the first meal after burial (Shulchan Aruch Yoreh Deah 378:9). However after this first course the mourners may partake of meat and wine without any restriction on the number of cooked items.                       

The Talmud (Taanit 26b) specifies that both meat and wine should not be consumed at this meal because these provide pleasure and were offered on the altar in the temple. However the custom is to refrain from meat and wine before this meal. According to the Ashkenazi custom the refrainment starts from the 1^st of Av (Mishna Berurah 551:58). By contrast the Sephardic begin this abstinence from the Saturday night of the week in which the 9^th of occurs (Shulchan Aruch Orach Chaim 551:9).  

The Shulchan Aruch (Orach Chaim 552:6) based upon the Talmud (Taanit 30a-b) cites a stringent view that this meal should only consist of plain bread dipped in salt and water. In addition the Talmud (ibid. 30b) relates that this meal was consumed near an oven which was a sooty location with the feeling that one’s deceased was in front of him. The Rema (ibid.) adds that some have the custom to dip the bread in ashes to remember the difficulty of the Israelites when they were exiled to Babylon after the destruction of the temple. Jeremiah laments (Lamentations 3:16), “He (Hashem) has ground my teeth on gravel and made me cower in ashes.” The Midrash on this verse and Jerusalem Talmud (Taanit 4:6) note that Rav, a Talmudic scholar of the 3^rd century, would eat a full meal prior to the last meal before the fast day. At the latter meal he would only eat bread dipped in ashes and say, “This is the meal to commemorate the 9^th of Av.” The Mishna Berurah (552:16) records this statement for this meal.

Similarly Maimonides (Laws of Fasts 5:9) writes, “The pious of the earlier generations would sit between the oven and cooking range. Others would bring him dried bread and salt. He would dip it in water and drink a pitcher of water … as if his dead were lying before him.”

However the Aruch Hashulchan (Orach Chaim 552:5) notes that the prevailing custom is to eat either a hardboiled egg or lentils at this final meal. In the opinion of the author, this custom is more meaningful because these foods symbolize mourning. By contrast a meal of just bread and water to most people symbolizes hunger than mourning.           

Ambiance

In addition to the menu, the Shulchan Aruch (Orach Chaim 552:7) based upon the Talmud (Taanit 30a-b) specifies the ambiance of this meal and cites the custom of sitting on the ground when consuming this meal.  The Mishna Berurah (ibid. 552:17) explains that sitting on the ground emphasizes the lowly status of the Israelites prior to this day of mourning and tragedy. The Rema (ibid. 552:7) remarks that although one sits on the ground at this meal the prohibitions of the 9^th of Av do not begin until sunset. Hence after this meal one may sit on a chair until sunset (Mishna Berurah 552:18). 

There are a number of opinions about the custom of sitting on the ground at this meal. The Shaarei Teshuva (552:3) adds that from the Kabbalah one should not sit directly on the ground. Rather one should place a cloth or towel to separate the person from the ground. Although it is permissible to sit directly on a tiled or wooden floor it is preferable to place a cloth or towel on the floor before sitting (Yalkut Yosef 552: 20). The Mishna Berurah (ibid.) mentions that a person may sit on a pillow if he is weak. If that is difficult one may it on a piece of wood or plastic one handbreadth (8.3 cm or 3.5 in) or less of the ground (Dirshu 552:15). By contrast the Yalkut Yosef (552:21) permits sitting on a chair up to 3 handbreadths (25 cm or 10.4 in) from the ground. If that is too difficult (e.g. weak back or aged person) then the person should change his position at the table (Dirshu 552:16). Both men and women are obligated in this custom (Yalkut Yosef 552:22).         

Sabbath

The Shulchan Aruch (Orach Chaim 552:10), based upon the Talmud (Taanit 29b), rules that when the 9^th of Av falls on the Sabbath or on Sunday the restrictions of the final meal do not apply. In fact one may enjoy an elaborate meal with meat and wine of royal proportions (ibid.) However one must finish the meal before sunset (Rema (ibid.)). The Shulchan Aruch (ibid. 559:9) rules that when the 9^th of Av occurs on the Sabbath the full fast is observed on the next day.    

Laws of the Fast

Duration

The Shulchan Aruch (Orach Chaim 553:2) states that the fast begins at sunset of the evening of the 9^th of Av and continues until evening of the 10^th of Av. Hence the fast is more than 24 hours because both the beginning and end twilight periods are included in the fast. In particular the Shulchan Aruch (ibid. 562:1) rules that the fast ends when 3 stars appear in the evening sky. The Mishna Berurah (562: 3) notes that in the case of the fast of the 9^th of Av these stars may be of average size and spread out. By contrast the fast of the Day of Atonement ends when the 3 stars are small and close together. The difference between these two times is about 10 minutes at latitude of 45 degrees.   

Medical Issues

Since the fast involves abstaining from both eating and drinking for a full day the decisors of Halacha take into account medical issues that may arise from fasting. On one hand, the Shulchan Aruch (Orach Chaim 554:6) states a general rule, from which a myriad of details are derived, “A sick person should not fast on the 9^th of Av.” The Mishna Berurah (554:11) defines a sick person as, “a weak person with medical issues who is life is not in danger”.  On the other hand, the Shulchan Aruch (ibid. 554:5) rules that pregnant and nursing women should fast if they are healthy (based upon the Talmud Pesachim 54b).

Hence there are many situations where one should or not fast depending upon the similarity to these opposing cases.  For sake of brevity the author will limit the discussion to the following cases of exemption from fasting:  

• Fever – If the fever is above 37.5C (99.5F) (Yalkut Yosef 554:18 and footnote 181)
• Pain – If the person is suffering from a migraine or bout of arthritis (ibid.).
• Diabetic – If blood sugar count exceeds 180 mg/dL. If below 140 mg/dL the person should fast. Between these ranges one should consult a doctor before fasting (ibid.). 
• Medication – If someone takes medication daily he may drink less than a cheekful of water with the pill (ibid. 554:23).  
• Pregnant woman – If a woman is weak (Yalkut Yosef 554:10) or may miscarry due to fasting (Yalkut Yosef 554:11). If she is healthy she should fast Shulchan Aruch (ibid. 554:5).  
• Woman after childbirth – Within 30 days of birth (Shulchan Aruch ibid. 554:6). The Mishna Berurah (554:13) sets the limit for a healthy woman at 7 days. By contrast the Aruch Hashulchan (ibid. 554:8) sets the limit at 30 days because we assume that people are weak and cannot easily withstand fasts. In any event these times are stated as general rule and depend upon the woman’s health and a medical assessment (Yalkut Yosef 554:14). The time limit of 7 or 30 days begins from birth and not from the onset of labour (ibid. 554:15).      
• Nursing woman – If fasting will result in a significant lack of mother’s milk. Although the mother could feed her child milk substitutes, the Halacha realizes that mother’s milk is better for the health of the child since it is more natural (ibid. 554:12).
• Patient after Operation – Similar to woman after childbirth with recovery time of 7 to 30 days depending upon the condition of the patient (Dirshu 554:17).
• Surgeon – If the fast may impair the performance of a surgeon thereby endangering the life of his patient (ibid. 554:10). Although not discussed in this source, the principle of exemption from fasting to avoid endangering a patient could be extended to medical support staff (e.g. anesthesiologists, nurse, or ambulance driver) depending upon the situation.   
• Soldiers – On regular maneuvers may drink but not eat (ibid. 554:22 – Footnote185). If in combat they may eat if needed to maintain their strength.          

This list provides an overview about fasting with medical issues, for a final decision about fasting one should contact a medical and rabbinic authority. In addition to the above rules, the Biur Halacha (559) states that when the fast is diverted to the 10^th of Av a mildly sick person may eat on this day.

Prohibitions

Introduction

In addition to the fast, the Talmud (Taanit 30a) states that the following prohibitions apply on Tisha B’Av because on this day a person is considered as a mourner:

• Washing
• Applying lotions.
• Wearing shoes.
• Marital Relations.
• Torah study.

The Rosh (Rabbeinu Asher), eminent Rabbi and Talmudist of the 13^th and 14^th centuries, explains that the comparison to mourning applies with the following conditions (Taanit 4:37):

• Prohibitions and not active practices.
• Prohibitions apply for all 7 days of mourning.

Prohibitions

The comparison to a mourner only applies to the prohibitions observed by a mourner but not to his active practices (e.g. ritual tearing of the clothes). Hence there is no requirement to perform ritual tearing because of the 9^th of Av.    

7 Days of Mourning

In addition this practice must be in force for all 7 days of mourning to apply on 9^th of Av. Hence the prohibition of working and wearing tefillin on the 9^th of Av depends upon custom as explained below.  

Restriction on Sabbath

The decisors of Halacha debate the nature of the prohibitions when the 9^th of Av falls on the Sabbath. Rabbi Yosef Caro rules that the restrictions of the 9^th of Av do not apply on this Sabbath because the fast is observed on the next day (Orach Chaim 554:19). By contrast the Rema (ibid.) rules that private prohibitions (viz. washing, applying lotions, marital relations, and Torah study) apply as a mourner on the Sabbath (Shulchan Aruch Yoreh Deah 400:1). One may wear leather shoes on this Sabbath because wearing non-leather shoes is a sign of public mourning which is not permitted on this day. The Mishna Berurah (554:40) states that marital relations are permitted on this Sabbath night when the wife finishes the time of separation from her husband (i.e. niddah) and performs ritual immersion in a mikvah.         

Washing

The Shulchan Aruch only prohibits washing for pleasure on the 9^th of Av (Orach Chaim 554:9, as explained by the Mishna Berurah 554:19 and 613:1). Therefore one may wash for medicinal purposes, to relieve pain, or strengthen the feet after a long journey (ibid. 554:14). In addition one may wash his hands to remove dirt (e.g. after expelling waste or changing a diaper) (ibid. 554:9) or remove sweat (Dirshu 554:34 based upon Mishna Berurah 613:2) because this washing is for cleanliness and not for pleasure The Shulchan Arch (ibid. 613:4) permits washing the face on the Day of Atonement and certainly on the 9^th of Av for a sensitive person. The Rema (ibid. 554:14) permits wetting a cloth before the 9^th of Av permits and applying this cloth to the face, hands, and feet on the 9^th of Av. Similarly one must perform the ritual washing of the hands, until the knuckles, on the morning of the 9^th of Av (ibid. 554:10). One may wash dishes after midday in preparation for the meal after the fast (Dirshu 554:35). 

Applying Lotions

The Shulchan Aruch (Orach Chaim 554:15) only prohibits the applying of lotions or oil for pleasure on the 9^th of Av. Therefore one may apply lotions, cream, or oil for medicinal purposes (e.g. scabs in scalp – Shulchan Aruch (ibid). or chapped skin (Yalkut Yosef 554:37). In addition the Biur Halacha (ibid.), based upon Shulchan Aruch (ibid.  575:3), allows the use of these products to remove dirt for cleanliness and not for pleasure. Hence the contemporary decisors of Halacha allow the use of stick and spray deodorant on the 9^th of Av (Dirshu 554:48 and Yalkut Yosef 554:38).     

Wearing Shoes

The Shulchan Aruch (Orach Chaim 554:16) prohibits wearing of leather shoes on the 9^th of Av but permits shoes of other materials (e.g. wood or reed). The prohibition extends to shoes with some leather either on the top or bottom of the shoe. The reader may ask, “What is the status of high quality running shoes (e.g. Nike) that while made from rubber and plastic are as comfortable and expensive as leather shoes?” Most contemporary decisors of Halacha permit these shoes on the 9^th of Av. However the Mishna Berurah (614:5) quotes opinions that do not permit comfortable shoes even if not made from leather. 

This dispute centers on the definition of a shoe in Halacha in terms of:

• Material.
• Form (Comfort).

Material

The Torah (Deuteronomy 25:9) specifies a shoe for the mitzvah of chalitzah. If a man dies without children then any of the surviving, paternal brothers may marry the widow to perpetuate the name of the deceased (ibid. 25:6). If none of the brothers wishes to marry the widow then one of them must perform the chalitzah ceremony to allow the widow to remarry outside of the immediate family. In this mitzvah, the widow removes a shoe from the right foot of the brother participating in this ceremony. The Talmud (Yevamot 102b) notes that shoe must be made from leather and by extension the prohibition of wearing shoes on the 9^th of Av only applies to shoes of leather.  

Form (Comfort)

However the Talmud (ibid.) also considers the form of the footwear as a determining factor. Hence according to this view, footwear in the form of a shoe which is comfortable and not made from leather would be included in this prohibition. In fact the Tosefta (Yoma 4:1) rules that comfortable shoes are forbidden on the Day of Atonement even if not made from leather. Maimonides (Laws of Yom Kippur 3:7) permits shoes made from reeds or cloth because one feels sensitive to the hardness of the ground and is equivalent to barefoot. Hence, according to Maimonides comfortable shoes of any material are not permitted on the Day of Atonement and by extension on the 9^th of Av. The Yalkut Yosef (Saka Edition 554:39) following the Kaf Hachayim (554:72) rules leniently and allows running shoes not made from leather. This source further states that we are not concerned that people will assume that these shoes are made of leather because it is common knowledge that most running shoes are not made of leather.

However the Mishna Berurah (614:5) and Kaf Hachayim (554:70) quote stringent opinions that do not permit comfortable shoes even if not made from leather on the Day of Atonement. Hence even according to the stringency, one may be lenient on the 9^th of Av because this fast day is of rabbinic origin.      

Special Situations

The Shulchan Aruch and associated commentaries cite a number of cases where one is permitted to wear leather shoes on the 9^th of Av when walking:

• A long distance (Orach Chaim 554:17).
• In a neighbourhood of gentiles who may mock the Israelites when dressed without shoes (Rema on Orach Chaim 554:17).
• In a muddy area (Mishna Berurah 554:32).
• When sick or with a foot injury (Orach Chaim 614:3).
• In a place of scorpions or other dangerous animals (Orach Chaim 614:4). 

The contemporary decisors of Halacha write that one may wear comfortable and durable non-leather shoes for these special situations rather than leather shoes (Yalkut Yosef ibid. 554:45 and Dirshu ibid. 554:54).

Blessing

The Shulchan Aruch (Orach Chaim 46:1), based upon Talmud Berachot 60b, states that the morning blessing, “Who (Hashem) has provided my every need” refers to wearing leather shoes. Hence the question arises, “Should one recite this blessing on the 9^th of Av when wearing non-leather shoes?” Although the codifiers of Halacha debate this issue, the majority view is in favour of reciting the blessing (Mishna Berurah 554:31 and Kaf Hachayim 554:78) because:

• This blessing is recited as praise to Hashem in general and not restricted to a given day.
• As discussed above, the Halacha does allow one to wear leather shoes in certain situations.
• One can wear comfortable non-leather shoes on the 9^th of Av and therefore one can thank Hashem for providing one’s needs.     

Marital Relations

The Shulchan Aruch (Orach Chaim 554:1), based upon Talmud Taanit 30a, prohibits marital relations on the 9^th of Av and suggests that the couple sleep on separate beds (ibid. 554:18) on this day. When the 9^th of Av occurs on the Sabbath there is a difference of opinion between the Shulchan Aruch and the Rema (ibid. 554:19). The former permits marital relations because the fast is deferred until after the Sabbath. The latter prohibits marital relations because private acts of mourning are observed on this Sabbath. The Mishna Berurah (554:40) states that marital relations are permitted on this Sabbath night when the wife finishes the time of separation from her husband (i.e. niddah) and performs ritual immersion in a mikvah.        

Torah Study

The sages prohibited Torah study on Tisha B’Av because this study gladdens a person’s heart as the verse states (Psalms 19:9), “The laws of the Hashem are upright bringing joy to the heart.” However the sages also realized that Torah study is essential to the soul as the previous verse says,” The Torah of Hashem is complete thereby sustaining the soul.” Hence not all Torah study is prohibited on this day. Rather one may study topics related to this day including the Book of Lamentations, Midrash Rabbi on Lamentations, and associated commentaries (ibid. 554:2). The Mishna Berurah (554:3) adds the sections of the Talmud which describe the destruction of the 1^st and 2^nd temples (i.e. Sanhedrin 96a-b and Gittin 55b-58a respectively). Similarly a mourner for a relative is restricted in Torah study to the above topics (Shulchan Aruch Yorah Deah 384:1 and 4).

In the opinion of the author, the Talmud (Taanit 30a) mentions permitted topics of Torah study because the 9^th of Av is both a day of mourning and reflection on the tragedies that occurred. Maimonides (Laws of Fasts 5:1) writes, “There are days (including the 9^th of Av) when the entire Jewish people fast because of the calamities that occurred to them. The purpose of these fasts is to arouse their hearts and lead them to return to Hashem. These fasts serve as a reminder of our improper conduct and that of our ancestors which brought these calamities. By reminding ourselves of these matters, we will repent as Leviticus 26:40 states: They will confess their sins and the sins of their ancestors.”  Hence study of the Torah is important on this fast day to reflect on the tragedies of the past and improve for the future.               

Work

In contrast to Torah study, the sages did not prohibit work on the 9^th of Av. Rather this matter is dependent upon local custom (Pesachim 54b) because the prohibition of work for a mourner may be less than 7 days. A man may work after 3 days if he needs to support his family (Yorah Deah 380:2). Otherwise a mourner should not work during the 7 days of mourning. In addition the Meiri (ibid.) explains that mourning for a relative is stricter because it is mourning for a recent event. By contrast mourning on the 9^th of Av is commemorative and therefore not as stringent with respect to work.       

Type of Work

Only heavy work is prohibited because this type of work distracts a person from mourning (Mishna Berurah 554:43). Hence creative, light work which does not take much time (e.g. turning on a light, cooking, and writing) is permissible (Rema Orach Chaim 554:22). In addition the Shulchan Aruch (ibid. 554:23) rules that work to prevent a loss of capital is permitted. A grocer may open his store after midday to allow people to purchase fresh food to break the fast at nightfall (Dirshu 554:68 and Yalkut Yosef Saka Edition 554:68). After midday one may prepare the meal to break the fast (Yalkut Yosef ibid. 554:70).   

Duration

For the 9^th of Av there are several views about the duration of the prohibition as follows:

• Night of the 9^th of Av – prohibited (Mishna Berurah 554:43). By contrast the Yalkut Yosef (Saka Edition 554:66) permits work at night because daytime of the fast is prominent.
• After morning services – permitted Aruch Hashulchan (Orach Chaim 554:21)
• After midday – permitted Rema (Shulchan Aruch Orach Chaim 554:22).
• Full day – prohibited (ibid).     

As mentioned above, individual communities have chosen different times for this prohibition especially in view of the need to make a living (Aruch Hashulchan Orach Chaim 554:21).

Although work is permitted the Shulchan Aruch (554:24) quoting the Talmud (Taanit 30b) writes, “Whoever works on the 9^th of Av will not see a sign of blessing from this work.” The Mishna Berurah (554:50) explains that there will not be a net gain from money made from this work because one will lose it somewhere else. The Yalkut Yosef (554 note 208) cites a view that this loss may not apply where the custom permits work. However others hold that this loss applies even where work is permitted.       

Sitting Low to the Ground

The Shulchan Aruch (Orach Chaim 559:3) mentions the custom of sitting low to the ground on the 9^th of Av until the afternoon prayer. The Rema (ibid.) states that this restriction only applies to midday of the 9^th of Av. The reader may ask, “Why this restriction lifted after midday, but the other restrictions are in effect until nightfall?” The answer lies in the source of this restriction, whether derived directly from the Talmud or custom.

As mentioned above, the Talmud (Taanit 30a) states that all restrictions that apply to a mourner for a close relative apply to the Israelites on the 9^th of Av. Based upon this statement the requirement to sit low to the ground should apply for all of the 9^th of Av just as mourners are required to sit low to the ground (Shulchan Aruch Yoreh Deah 387:1). However the Talmud (ibid.) then lists the restrictions of the 9^th of Av (e.g. washing, applying lotions, wearing leather shoes, and marital relations) but does not mention a requirement to sit low to the ground on this day. Hence it appears that this restriction is only a custom which is the majority view.     

Similar to the meal before the fast, there are different views about sitting on pillows or low rise chairs. The prevailing custom is to allow both of these items as long as their height is less than 3 handbreadths (25 cm or 10.4 in) (Dirshu 559:13). A sick or elderly person may sit on a chair (Dirshu 559:13) or change his location (Tractate Soferim 18:7).

The Dirshu (Dirshu 559:14) presents an analysis of the requirement to sit low to the ground in terms of:

• Travelling in a car.
• Travelling in a bus.
• Holding the Torah scroll.

 Car

 One may sit in a car in a normal fashion because there is no other way to travel in a car.

Bus

Since one may stand on a bus there is a dispute in Halacha about sitting on a bus during the morning of the 9^th of Av. The Dirshu (ibid.) presents both views.   

Torah Scroll

A person holding the Torah scroll may sit on a chair of normal height to demonstrate honour for the Torah and prevent it from falling to the ground.               

Prayer

The following prayers are added to the Amidah on the 9^th of Av:

• Answer us Hashem (עננו ה’ עננו).
• Console us Hashem (ה נחם).  

Answer us

This section will examine the following aspects of this prayer:

• Origin
• Text
• Place in Amidah.
• Which Prayer.

Origin

 The Talmud (Taanit 13b) mentions this prayer for both public and private fast days except for the Day of Atonement which has its own special prayers.

Text      

Since the Talmud does not provide a text for this prayer there are different versions depending upon the community (e.g. Ashkenazi, Sephardic, and Yemenite). The Machzor Vitry, a prayer book composed by a disciple of Rashi in the 11^th century, and Maimonides (Laws of Prayer) provide texts for this prayer. Despite the textual differences they all address the following phrases:   

• Answer us Hashem on our fast day.
• Because we are in dire straits.
• Do not regard our wickedness.
• Let your kindness comfort us.
• Hashem who redeems and rescues in times of distress and woe.  
• Cite Isaiah 65:24 – “It will be before they (Israelites) call, I (Hashem) will respond. When they are still speaking, I (Hashem) will hear.”

Place in Amidah

Unlike the prayer of consolation which follows the same rules for the individual reciting the Amidah and the cantor repeating the Amidah, the prayer of “Answer Us” has different rules for the individual and cantor.      

Individual

The Shulchan Aruch (Orach Chaim 565:1), based upon the Talmud (Taanit 14a), rules that this prayer is inserted into the blessing of Hashem “Accepting our prayer (שומע תפילה)”. Since one may insert personal requests in this blessing then one certainly may add requests which benefit the Israelites as a whole on a fast day. If a person omitted this prayer he may insert the prayer after the Amidah blessings (א-להי נצור) – where one may add personal requests (ibid. 565:2).  If one omitted this prayer he does not repeat the Amidah (ibid.). The Mishna Berurah (557:4) explains only on days where an additional offering was presented in the temple (e.g. Sabbath and festivals) does one repeat the Amidah if he omitted a prayer for the holiday. 

Cantor

The Shulchan Aruch (Orach Chaim 566:1), based upon the Talmud (Taanit 13b), rules that the cantor recites this prayer in a separate blessing between the 7^th and 8^th blessings of the Amidah (i.e. blessings of redemption and healing, respectively). The blessing ends with the sentence, “Blessed are You, Hashem, Who responds to His nation Israel in time of distress.” The Mishna Berurah (ibid. 565:2) comments that in the Ashkenazi prayer books the words “to His nation Israel” are omitted.  The cantor does not need to repeat the blessing if he used either ending (Yalkut Yosef 550:53). Similarly if an individual ended the prayer of “Answer Us” with the blessing of “Who responds … in times of distress” instead of the usual ending of “Who hears prayer” he need not repeat the blessing (ibid. 550:51).    

Rashi (ibid.) explains that the cantor recites an additional blessing as a reflection of the importance of the repetition of the Amidah on behalf of the congregation. The Mishna Berurah (565:1) explains that this insertion is based upon the order of the following verses:

Psalms 19:15 – “The sayings of my mouth and meditations of my heart should be acceptable to Hashem, my Rock and Redeemer.”

Psalms 20:2 – “Hashem shall answer you on a day of distress (fast day).”

In this manner the blessing for a fast day follows the blessing for redemption and precedes the blessing for healing. If the cantor omitted this blessing he need not repeat the Amidah (Shulchan Aruch Orach Chaim 119:4). The cantor may insert this prayer in the blessing of “Accepting our Prayer” (ibid.) similar to an individual.    

Which Prayer

Individual

The Shulchan Aruch (ibid. 565:3) rules that an individual recites this prayer in all of the 3 daily services (i.e. evening, morning, and afternoon). By contrast the Rema (ibid.) states that the Ashkenazi custom is to recite this prayer only in the afternoon service because a person may need to break the fast due to extreme hunger which may endanger a person’s health. The Mishna Berurah (565:10) adds that a congregation may conduct the afternoon services ½ hour after midday. Hence a person who must break the fast for medical reasons may recite this prayer because he was still fasting at the afternoon service.

Cantor

According to both the Shulchan Aruch and the Rema the cantor inserts this prayer in both the morning and afternoon prayers in the repetition of the Amidah (ibid. 566:1). There is no repetition of the Amidah in the evening service (ibid. 237:1).

The following table summarizes the different rules for the insertion of this prayer with respect to the person and service.   

Person	Evening	Morning	Afternoon
Individual – Ashkenazi	X	X	√
Individual – Sephardic	√	√	√
Cantor	X	√	√

Console Us

This section will examine the following aspects of this prayer:

• Origin
• Text
• Place in Amidah.
• Which Prayer.

Origin

Although the Babylonian Talmud does not mention this prayer, the Jerusalem Talmud (Berachot 4:3) states, “An individual must mention the occasion (in the Amidah) on the 9^th of Av” which is the source for this prayer.   

Text

The Jerusalem Talmud (ibid.) provides a complete text for this prayer which is somewhat different from the texts in our prayer books. The most striking difference is the opening of the prayer which is discussed by the authorities of Halacha. The Jerusalem Talmud opens with the word רחם (have mercy) instead of נחם (console) which appears in the prayer book. For sake of brevity the author will highlight the textual differences and similarities between the Talmud and prayer books as by theme and not by individual words, as shown in the following table.

Theme	Talmud	Prayer Book
Hashem’s Compassion	Mercy	Console
Recipient of Compassion	Israelites  and Jerusalem	Mourners of Jerusalem
Jerusalem	Destroyed	Destroyed
Jerusalem Controlled by	Idolaters and foreign armies	Idolaters and foreign armies
Zion Mourns for	Not mentioned	Slain
Jerusalem Destroyed by Fire	√	√
Jerusalem Rebuilt by Fire	√ (Zachariah 2:9)	√ (Zachariah 2:9)

Both prayers end with the prediction that Jerusalem will be rebuilt by Hashem with a figurative, protective wall of fire as the verse (Zachariah 2:9) states, “I (Hashem) will be … a wall of fire around (Jerusalem) and for (its) glory I will be in its midst”.   

It is interesting to note that the Shulchan Aruch (Yoreh Deah 379:2) cites a custom to recite a similar prayer for the restoration of Jerusalem in the grace after meals in a house of mourning. This connects mourning for Jerusalem and the temple to loss of a family member. This prayer is inserted in the 3^rd blessing of the grace, which itself is a blessing for the restoration of Jerusalem, the temple, and monarchy of David. Although not all follow this custom (Beer Hagolah ibid. 379:6) many prayer books include it (e.g. Artscroll Ashkenaz Siddur Second Edition Page 194)       

Place in Amidah

The Jerusalem Talmud (ibid.) discusses the place in the Amidah for this prayer and states the following rule – a prayer for the future is placed in the blessing of the restoration of the temple service (רצה) and a prayer about a past event in the blessing of thanksgiving (מודים). The prayer of consolation has both elements (viz. past and future). On one hand, this prayer mentions the destruction of the temple and Jerusalem which relates to the past. On the other hand, this prayer ends with a message of rebuilding the temple and Jerusalem which relates to the future. The Talmud does not clearly indicate whether this prayer primarily relates to the past or future, resulting in a debate in Halacha. The Biur Halacha (557) reasons that it should be recited in the blessing for restoration of the temple because this prayer primarily relates to the future.

However the Biur Halacha follows the Shulchan Aruch (Orach Chaim 557:1) who rules that this prayer is recited in the blessing for the rebuilding of Jerusalem. This ruling is puzzling because the Jerusalem Talmud did not mention this approach. The Aruch Hashulchan (ibid. 557:2) explains that according to the Jerusalem Talmud originally the blessings for the rebuilding of Jerusalem and the restoration of the Davidic reign were combined in one blessing. Since the combined blessing related primarily to the Davidic reign it was not appropriate to insert a prayer for Jerusalem in this blessing because a blessing has only one primary theme. Later, as in our prayer books, they became separate blessings and therefore the prayer for Jerusalem was inserted in the blessing for the rebuilding of Jerusalem.  In the repetition of the Amidah the cantor similarly inserts the prayer for Jerusalem in the blessing for the rebuilding of Jerusalem. 

If a person omitted this prayer for Jerusalem he may insert the prayer in one of the following places in the Amidah:

• Blessing of Hashem “Accepting our prayer (שומע תפילה)” – in the same blessing as the prayer “Answer us Hashem (עננו ה’ עננו)”. Since one may insert personal requests in this blessing then one certainly may add requests which benefit the Israelites as a whole such as the rebuilding of Jerusalem (Biur Halacha 557).      
• Blessing for the restoration of the temple service (רצה) as explained above (Biur Halacha 557). 
• After the Amidah blessings (א-להי נצור) – where one may add personal requests (Mishna Berurah 565:7).    

If one omitted the prayer for the rebuilding of Jerusalem he does not repeat the Amidah. The Mishna Berurah (557:4) explains only on days where an additional offering was presented in the temple (e.g. Sabbath and festivals) does one need to repeat the Amidah if he omitted a prayer for the holiday.                             

Which Prayers

The Jerusalem Talmud (ibid.) does not mention in which of the 3 daily prayers (i.e. evening, morning, or afternoon) the prayer for Jerusalem should be inserted leading to different practices. Similarly the Shulchan Aruch (Orach Chaim 557:1) rules that this prayer should be recited on the 9^th of Av but does not specify in which of the 3 daily prayers, implying that the prayer should be recited in all 3 of them. The Mishna Berurah (557:1) mentions that this is the custom in Jerusalem and the Yalkut Yosef (559:3) agrees with this practice in Israel. However the Rema (ibid.) cites the custom to recite the prayer for Jerusalem only in the afternoon prayer. The Yalkut Yosef (559:2 – note 228) mentions that some Sephardic communities in the Diaspora follow the ruling of the Rema. There are several reasons for this custom:

• Consolation – At the afternoon prayer the focus shifts from complete mourning to the eventual redemption as reflected in the wearing of the tallit and tefillin at this prayer as explained below (Shulchan Aruch Orach Chaim 555:1).  
• History – The Talmud (Taanit 29a) states that the first temple burnt in the late afternoon of the 9^th of Av which relates to this prayer that Hashem allowed the temple to burn. 
• Divine decree – The Mishna Berurah (555:3) quotes the Midrash (Lamentations Rabbah 4:14) which states that the Israelites have suffered enough after the destruction of the temple to begin the process of consolation. In a literal sense, the Midrash says that Hashem spent his fury (so to speak) on the wood and stones of the temple and not on the Israelites.                    

Tallit and Tefillin

The Shulchan Aruch (Orach Chaim 555:1) cites a custom to postpone donning the large tallit and tefillin to the afternoon service as a sign of mourning. Normally these are worn at the morning service. However one should don the small tallit, typically worn under the shirt in the morning (ibid.). The Mishna Berurah (555:1) explains that this custom is based upon verses from the Book of Lamentations Chapter 2 as follows:

Verse 1 – “He (Hashem) has cast down from heaven to earth the glory of Israel.” The Talmud (Moed Katan 15a) calls tefillin the glory of Israel because a mourner for a close relative should not don tefillin on the 1^st day of mourning (Shulchan Aruch Yoreh Deah 388:1).   

Verse 17 – “Hashem has done what He planned. He has carried out His decree (בצע).” Although, at a literal level, the verse mentions a decree, the word (בצע) may also mean to tear implying the tearing or removal of clothes (Lamentations Rabbah 1:1). This leads to the custom to don the tallit at the afternoon service and not before.             

Morning Service

The Shaarei Teshuvah (555:1) cites views that one may don tefillin in the morning at home. The Yalkut Yosef (559:17) states that in many congregations in the land of Israel the practice is to don tefillin at the morning service. The Dirshu (555:2) mentions that if one dons tefillin at this service he should remove them before reciting the elegies (קינות).

Maimonides (Laws of Fasts 5:11) states that some scholars did not don the head tefillin on the 9^th of Av which implies that one may wear the hand tefillin and the large tallit at the morning service. In addition Maimonides does not distinguish between the morning and afternoon service with respect to the head tefillin showing the difference in custom amongst communities.   

At a regular morning service it is customary to kiss the tzitzit at the end of the opening blessing (ברוך שאמר) for verses of praise (פסוקי דזמרה) and during the 3^rd paragraph of the Shema when mentioning the word tzitzit (Shulchan Aruch Orach Chaim 51:1 and Rema on ibid. 24:4 respectively). The decisors of Halacha debate the applicability of this custom of the 9^th of Av. On one hand, one need not kiss the tzitzit on the 9^th of Av because one does not wear the large tallit at this service indicating that customs involving the tallit may be overlooked at this service. On the other hand, one could fulfill this custom with the small tallit. Since the Dirshu (555:1) cites both views one should follow the custom of the congregation where one prays. 

Afternoon Service

The Mishna Berurah (555:3) states that at the afternoon service prayer the theme of the 9^th of Av shifts from intense mourning to consolation hence one must don the tallit and tefillin at this time. The reasons for this shift are provided above in the section of the consolation prayer. The Rosh (Taanit 4:37) explains that the prohibition of a mourner to don tefillin only applies on the first day of mourning but not on the remaining 6 days of mourning. Therefore by comparison the custom of not donning the large tallit and tefillin only applies for part of the day (i.e. morning service) and not for the whole day (i.e. afternoon service). Despite this shift the Mishna Berurah cautions (ibid.) that the other restrictions of the 9^th of Av remain in effect until nightfall.

The Mishna Berurah (555:4) states that one who regularly dons the tefillin of Rabbeinu Tam (Shulchan Aruch Orach Chaim 34:2) should do so at the afternoon service.  In addition he mentions (555:5) that one should not recite the 4 paragraphs of the tefillin that are normally said after donning tefillin (MIshna Berurah 25:16) because Torah study is not permitted on the 9^th of Av. However there are authorities in Halacha that allow one to recite these paragraphs after donning tefillin each set of tefillin because this recital is considered as part of the daily prayers and not studying the Torah (Yalkut Yosef 559:19 based upon Kaf Hachayim 555:7).

Follow the Congregation

The Yakut Yosef (559:18) also states that one should not deviate from the practice of the congregation. Hence if one attends a morning service where the congregants don tefillin he should follow their practice even though his custom is to postpone donning tefillin until the afternoon service. Similarly if one attends an afternoon service where the congregants don tefillin he should follow their practice even though he has previously donned tefillin in the morning. The above discussion also applies to wearing the large tallit at the morning or afternoon services.   

Readings – Pentateuch, Prophets, and Writings

Evening Service

The Rema (Shulchan Aruch Orach Chaim 559:2) records the custom to read the Book of Lamentations on the night of the 9^th of Av. Although this custom is neither mentioned by the Talmud not Maimonides it is cited by Tractate Soferim 18:4. This source also mentions to read either at the evening or morning service with a translator into Aramaic for women who attend this reading. The Dirshu (559:3) writes according to the current custom women are not required to hear this reading. The Mishna Berurah (559:2) states that in addition to public reading at the evening service it is proper for an individual to read the Book of Lamentations in the morning.   

Method of Reading

The Mishna Berurah (ibid.) quoting the Magen Avraham, a 17^th century commentator on the Shulchan Aruch (559:1), cites the following practices for the public reading of Lamentations:

• Verse – At the end of each verse the reader should pause before beginning the next verse.
• Chapter – At the end of each chapter the reader should pause a bit longer before beginning the next chapter. In addition the reader should recite the last verse of each of the first 4 chapters in a loud voice. 
• Last two verses – as follows.

Last Two Verses

The last two verses of Lamentations are:

5:21 – “Return us to You, Hashem and we shall return. Renew our days as of old.”

5:22 – “For even if You (Hashem) have utterly rejected us, You have already raged sufficiently against us.”

Since the last verse ends on a negative note the reader concludes his recitation by repeating verse 5:21 resulting in the following custom (Rema 559:1):

After the reader recites verse 5:20 the congregation recites verse 5:21 out loud. Then the reader recites verses 5:21 and 5:22. Then the congregation repeats verse 5:21 followed by the reader.         

Explanation

The Midrash (Lamentations Rabbah 5:21-22) comments on these verses which provide hope for the future as follows:  

Ibid. 5:21 – The Israelites pray to Hashem to help them overcome sin and return to His service.  Hashem responds that the Israelites must take the first step and then Hashem will help them based upon the Talmud Yoma 39a, “If someone seeks to purify himself, then heavenly forces help him.” The Midrash adds that the “days of old” may refer to Adam before the original sin, implying that the Israelites seek a complete return to Hashem at the advent of the Messiah.

Ibid. 5:22 – If Hashem had truly rejected the Israelites then there would be no hope for them. Rather Hashem has vented His anger against the Israelites to atone for their sins but will not destroy them, meaning there is hope for the future.       

The reader may ask, “Why did the book of Lamentations end on a negative note when most books of scripture end on a positive tone (Berachot 31a). This ending teaches the following lessons:

• Exile – The exile will be long and painful.
• Hope – There is hope for the Israelites because they will return to Hashem and be redeemed as explained by the Midrash. However the Israelites must take the first step meaning that the Israelites complete this book by symbolically repeating verse 5:21 with the intention to return to Hashem.   

Blessings

There are different opinions for reciting a blessing on the reading of the Book of Lamentations. The Rema (Shulchan Aruch Orach Chaim 490:9) records the custom of not reciting a blessing because this reading is a custom and not commanded by the Talmud. However the Mishna Berurah (490:19) cites views, based upon Tractate Soferim 14:3, that allow one to recite a blessing provided that the text is written on parchment like a Torah scroll, the reading is for a quorum of 10 adult males (Dirshu 559:6), and only for the night reading (ibid. 559:3).      

By contrast different sections of the Torah and prophets are read at the morning and afternoon services on the 9^th of Av with the requisite blessings.

Morning Service

Pentateuch

For the morning service the Rema (Shulchan Aruch Orach Chaim 559:4), based upon the Talmud Megillah 31b, writes that verses from Deuteronomy 4:25-40 are read in the synagogue. In this section of the Torah, Moses warns the Israelites that they will succumb to idolatry which will lead to destruction of the land and exile as divine punishment for their sins. However Moses predicts that in exile the Israelites will return wholeheartedly to Hashem.

Alternate Readings

The Talmud (ibid.) cites different readings for the morning as follows:

• Leviticus 26:14-46 describes the calamities (e.g. disease, famine, and exile) that will befall the Israelites if they do not follow the Torah. This reading should encourage the Israelites to return to HHareturn to Hashem and avoid future calamities.      
• Numbers 14:11-25 records Hashem’s wrath against the Israelites and His plan to destroy them in the desert. Moses pleaded to Hashem to spare them and Hashem agrees.    
• Numbers 14:27-38 – records Hashem’s plan to keep the Israelites in the desert for 40 years until a new generation emerges to conquer Israel.   

Rashi (ibid.) explains that the readings from the Book of Numbers relate to the sin of the 10 spies who declared that it was impossible to conquer the land of Israel and thereby created a mass panic. The Israelites lost faith in Hashem and planned to return to Egypt. The Talmud (Taanit 29a) mentions that the spies arrived on the afternoon of the 8^th of Av and the people wept out of fear on the night of the 9^th of Av. In response to this wailing (Numbers 14:1) Hashem declared, “You (the Israelites in the desert) have cried for nothing (you should have had faith in Hashem) therefore I (Hashem) will establish the 9^th of Av as a day of crying (and mourning) for generations (because of the many calamities that will occur on this day) (Taanit 29a).           

(Note: Although the Talmud does not mention the end verses for these readings the author has provided end verses related to the theme of these readings.)     

Selected Reading

In the opinion of the author the reading from Deuteronomy was chosen over the other approaches because:

• Life in the Diaspora – The Torah (Leviticus 26:14-46) describes calamities (e.g. disease and famine) in the land of Israel that will the Israelites if they do not follow the Torah. By contrast HHathe reading in Deuteronomy emphasizes the difficult life of the Israelites in exile (Deuteronomy 4:27-31). This reading relates more to the Israelites after the destruction of the second temple, when the population shifted from Israel to Babylonia and later to other lands in North Africa and Europe.
• Historical Perspective – The verses in the Book of Numbers refer to the sin of the spies which relates to the origin of the mourning on the 9^th of Av. By contrast HHathe reading in Deuteronomy predicts a long exile until the arrival of the messiah at the end of days. For example the verses (ibid. 4:30-31) foretell, “When you are in distress, and all these things befallen you at the end of days, you will return to Hashem … and obey Him. For Hashem … will not abandon nor destroy you.  Neither will He forget the covenant of your forefathers (rather he will redeem you).”

Prophets

For the morning service the Rema (Shulchan Aruch Orach Chaim 559:4), based upon the Talmud Megillah 31b, writes that verses from Jeremiah 8:13-9:23 are read in the synagogue. In this reading, Jeremiah laments the destruction of the land of Israel and decimation of the Israelites by the Babylonians at the time of the destruction of the first temple. The Mishna Berurah (559:18) adds that the reader should use the same tune for this reading as used for the Book of Lamentations except for the last two verses (Aruch Hashulchan 559:5) .   

Afternoon Service

Pentateuch

For the afternoon morning service the Shulchan Aruch (Orach Chaim 566:1), based upon Tractate Soferim 17:7, writes that verses from Exodus 32:11-14 and 34:1-10 are read in the synagogue. By contrast the Talmud Megillah 31b suggests that the reading should be from Leviticus 26:14-46 as discussed above. The Rosh (Megillah 4:10) reconciles these views by explaining that the former reading applies to fast days which relate to historical tragedies of the destruction of Jerusalem and the temple. By contrast the latter reading relates to current situations of distress (e.g. drought, pestilence, and disease). However the current practice is to use the former reading for all fast days (Orach Chaim 566:1-2).

The former reading speaks of Hashem’s forgiveness of the Israelites and their atonement after the sin of the golden calf. Hence this reading is appropriate for historical fast days when the Israelites beseech Hashem for help in their time of distress. In addition it is appropriate for the afternoon service of the 9^th of Av where the focus shifts from mourning to consolation. In keeping with the theme of forgiveness the Mishna Berurah (566:3) cites the custom that during the Torah reading the congregation recites the following segments out loud:

• Exodus 32:12 – “Relent from Your intense anger and reconsider the punishment (literally harm) to Your (divine) people.”
• Exodus 34:6-7 – “Hashem, Hashem … compassionate and gracious, slow to anger and abundant in loving kindness and truth. Preserver of kindness for thousands (of generations), forgiver of iniquity, willful sin and error; Who (divine) cleanses of sin.” In keeping with the theme of forgiveness the congregation does not recite the remainder of verse 7 which states that Hashem “visits the iniquity of parents on children and children’s children, to the third and fourth generations.”  
• Exodus 34:9 – “Forgive our iniquity and error; make us (Israelites) as Your heritage.”

The Mishna Berurah (ibid.) adds that the person called to the Torah should not recite these verses out loud with the congregation. Rather he should read them in an undertone with the reader of the Torah. The Talmud (Rosh Hashanah 17b) comments that when one seriously recites the verses of Exodus 34:6-7, which mention the 13 attributes of divine mercy, there is an effect in heaven.   

Prophets

For the afternoon service the Rema (Shulchan Aruch Orach Chaim 566:1), based upon Tractate Soferim 17:7, writes that verses from Isaiah 55:6-56:8 are read in the synagogue. In contrast to the morning reading of the prophets, this reading is recited in the regular tune of the prophets. The Aruch Hashulchan (Orach Chaim 556:3) adds that it is proper to confess one’s sins toward the end of a fast based upon this practice mentioned in the Talmud (Taanit 12b). Therefore we read this section of Isaiah who exhorts the Israelites to return to Hashem and receive His (divine) blessings.

The Shulchan Aruch does not mention the Sephardic custom for this reading in keeping with the Talmud that did not cite a specific reading from the prophets for the afternoon service of a fast day. Hence in the past some Sephardic communities did not publicly read from the prophets in the synagogue on a fast day in the afternoon service. The Yalkut Yosef (559:49) states that the current custom is to read from Hosea (14:2-10) and Micah (7:18-20). In this reading Hosea similarly exhorts the Israelites to return to Hashem and receive His (divine) blessings. The prophet Micah praises Hashem for his great kindness in forgiving sin as the verse relates (ibid. 7:18), “Who is like you, O G-d? You pardon iniquity and overlook transgression … He (divine) does not maintain His anger forever, for He desires loving-kindness.” The Shulchan Aruch (Orach Chaim 428:5) writes this reading applies for both the Ashkenazim and Sephardim for the Sabbath between Rosh Hashanah and the Day of Atonement.

The following table summarizes the different readings on the 9^th of Av in terms of type of reading, service when the reading occurs, requirement of a hand written scroll on parchment, blessings on the reading, and venue (individual or congregation).   

Reading	Service	Scroll	Blessing	Venue
Lamentation	Evening	Not Required	Dispute	Either
Torah	Morning and Afternoon	Required	Required	Congregation
Prophet	Morning and Afternoon	Not Required	Required	Congregation

Dirges – קינות

In addition to readings of the Torah and prophets, the Shulchan Aruch (Orach Chaim) cites the custom to recite dirges (kinot from the Hebrew קינות) at both the evening (559:2) and morning services (559:5-6). These dirges mourn for the destruction of Jerusalem and the temples together with the long and bitter exile that followed. In addition the Shulchan Aruch (ibid. 559:5) rules that one should not converse nor leave the synagogue when these dirges are recited to reflect the somber nature of this day of mourning and fasting. The Rema (ibid.) mentions the custom to recite words of consolation after the dirges to end on a positive note and focus on the eventual redemption of the Israelites.

Origin

The reader may ask, “What is the origin of this custom since it is neither mentioned in the Talmud nor by Maimonides in his code of law?” Rabbi Jacob ben Asher who compiled a code of law in the 13^th-14^th century called the “Arba’ah Turim” or “Tur” for short cites the custom of reciting kinot in both the evening and morning services. Although it is likely that Israelites recited some form of kinot since the destruction of the second temple, the custom was not formally codified until the middle Ages. In the opinion of the author the historical development of kinot may be traced through the many composers (called paytanim) of these elegies. 

One of the most prolific and earliest composers was Rabbi Elazar Hakalir who authored the oldest kinot that we have (after the actual Book of Lamentations). His kinot make up almost half of the elegies traditionally recited on the 9^th of Av. There is considerable debate about the identity of Rabbi Elazar and when he lived ranging from the 2^nd to the 7^th century of the Common Era. (It is possible that was more than one Rabbi Elazar Hakalir hence the discrepancy in centuries.) The other composers lived in the middle ages and wrote about the suffering of the Israelites at the hands of the gentiles, especially at the time of the crusades for Ashkenazim and expulsions from Spain for the North African Sephardim. By contrast kinot recited by Persian and Syrian Sephardim are shorter because they did not experience either of these calamities.  

Since the Ashkenazi kinot are written in a difficult Hebrew with subtle allusions to scripture or historical events, some congregations may not recite all of the kinot published in the prayer books. By contrast the Sephardic kinot are written in a more straightforward language to allow for communal chanting. The Yalkut Yosef (559:36) notes that one with limited time may recite the Book of Lamentations in lieu of the kinot.  

The following article provides a detailed listing of the authors of the kinot:

https://www.chabad.org/library/article_cdo/aid/5587720/jewish/Who-Authored-the-Kinot-Said-on-Tisha-BAv.htm

Video Presentations

In addition to reciting kinot many communities host live or online presentations about topics related to the 9^th of Av (e.g. holocaust, destruction of the temple, inspirational stories, and lessons in ethics and proper behaviour). For example the Union of Orthodox Congregations of America (in short OU) hosts full day presentations on the 9^th of Av through a variety of speakers with the link shown below:

https://www.ou.org/tishabav/

Conclusion

This article discussed the laws and customs related to the 9^th of Av including the meal before the fast, prohibitions of this day, and liturgy (e.g. prayers and readings from scripture). These observances should lead a person to reflect on the tragedies of the past and their causes (e.g. sins between man and Hashem at the time of the 1^st temple and between man and man at the 2^nd temple based upon Yoma 9b). Hence as mentioned in the afternoon reading from the prophet (Isaiah 55:7), “Let the wicked forsake his way, the iniquitous man his thoughts, and return to Hashem.” In addition to returning to Hashem a person should contemplate the eventual redemption as expressed in the consolation prayer in the afternoon Amidah and the following statement from the Talmud (Taanit 30b), “Whoever mourns for Jerusalem will merit and see her future joy as the verse states (Isaiah 66:10), “Rejoice with Jerusalem and exult in her, all who love … and mourn for her.”