By Moishe Dovid Lebovits. The custom is[1] that one does not work[2] or do business[3] from the night of Tisha B’av[4] until after chatzos the next day.[5] The reason is to stay focused on the aveilus.[6] Others explain that Tisha B’av is called a moed.[7] Work that does not take too much time is permitted even before chatzos because it does not distract from the aveilus.[8] Some examples are turning on lights, tying knots, etc.[9]
One should not open his store (if he does not sell food)[10] before chatzos.[11] The custom is to be lenient and open after chatzos,[12] although some are stringent.[13]
Work that is done privately by a non-Jew[14] is permitted on Tisha B’av.[15]
Some say that a factory may remain open if non-Jewish workers will be doing the work.[16]
The Aruch Hashulchan[17] says, “One who needs the parnasa may work after he has finished reciting the kinos. However, one who fears (Hashem) should be careful not to do work until after chatzos.”
If one will lose money if he does not do a specific job, then he may work even before chatzos.[18] Therefore, one who works every day may go to work if he will lose money.[19]
In any event, one who does work on Tisha B’av even after chatzos[20] will not see beracha from that work[21] (either from the item that he produced or the money he earned).[22] This applies to someone who works and forgets about the aveilus.[23] Therefore, although it is permitted to do work after chatzos one should not “drag out” the work in order not to forget about the aveilus.[24] A good idea is to listen to a shiur about the churban.[25]
Sitting on the Ground While Traveling
One who finds himself with no choice but to go to work on Tisha B’av before chatzos is faced with a question regarding sitting in a car or a train.
The custom is that we sit on the floor[26] until midday.[27] This is just like an avel who sits on the floor,[28] as some had the custom to literally sit on the floor.[29] Al pi kabbalah one should not sit directly on the floor even if he is wearing clothing unless there is a hefsek of a garment that is not meant to be worn between him and the floor.[30] Since our floors are not dirty but have boards and tiles, some poskim are lenient in this regard.[31] However, the custom is that we do not sit on the floor but sit on some sort of pillow or cushion.[32] One who finds it hard to sit on the floor may sit on a small chair[33] which should not be higher than three tefachim (approximately 12 inches),[34] though some are stringent and hold not higher than a tefach (approximately 4 inches).[35] The custom starts at night and not during bein hashmashos.[36] Although we do not sit or stand on a table which we eat on,[37] the custom is that one can sit on a folding table in shul on Tisha B’av.[38]
A man who is weak, or a pregnant woman, may sit on a normal chair.[39] One is permitted to sit on the step or the landing in front of the aron kodesh on Tisha B’av since this is viewed as sitting on the ground (people walk there).[40]
The restriction ends after chatzos,[41] since we can be lenient with a custom.[42] Some say that this is until after Shacharis[43] (after kinos).[44] Since one is supposed to say kinos until chatzos,[45] there is no argument.[46] One who finished kinos before chatzos still sits on the floor.[47] One should not be stringent and sit on the floor or low chair after chatzos.[48]
One who is driving in a car is permitted to sit while driving even before chatzos.[49] Some explain that the custom does not apply when traveling.[50] Others argue that the seat is less than 3 tefachim.[51]
When traveling by train to work on Tisha B’av one may sit on the seat as well.[52] Others say that one should not do so unless it is too hard to stand due to the motion of the train.[53]
After Chatzos
Why is it that some of the restrictions are lifted on Tisha B’av after chatzos? This is the time that the fire engulfed the Bais Hamikdosh.[54] At this time, it was obvious that only the Bais Hamikdosh would be destroyed but the Jew’s lives would be spared. Therefore, we lift some of the restrictions.
Shoes to Work on Tisha B’av
What happens if someone needs to work on Tisha B’av and must dress formally. What should he do?
The halacha is that leather shoes are not worn on Tisha B’av.[55] This issur applies to women as well.[56] The time for this starts at night (at maariv).[57] A non-leather shoe with a decorative leather strap may be worn.[58] One who finds himself among the non-Jews may wear leather shoes[59] since the non-Jews may laugh at him.[60] Others feel that this heter is not valid since the non-Jews may laugh at us anyways.[61] Nonetheless, one who wishes to be lenient in this regard may do so.[62]
While traveling, there is no need to wear leather shoes, since the driver’s feet are not visible to others.[63] When one comes back home he should put on his shoes which he wears on Tisha B’Av.[64]
One who is traveling may wear leather shoes,[65] because it is bothersome to go around barefoot on the road (since there are pebbles etc).[66] However, this would not apply today since our roads are paved.[67]
Therefore, one may wear shoes if he needs to look presentable. However, if man-made shoes that look like leather are available, it is more advisable. One who does wear real leather shoes should put dirt in his shoes to feel the mourning somewhat.[68] One who can get away with wearing non-leather sneakers to work should do so (see below).[69]
There is a big discussion in the poskim if wearing materials other than leather is an issue.[70] Some even went around barefoot (with socks) in order to avoid this dispute.[71]
Many poskim say that only leather is an issue,[72] others say wood is also an issue,[73] and others say that any item that is called a shoe is forbidden.[74] The main reason why some forbid other materials is because it is considered a shoe.[75] In addition, one does not feel that he is in pain and in aveilus when wearing shoes made out of other materials (even if it is not leather).[76] However, the majority opinion only forbids leather.
Even according to the stringent opinion, one would still be able to walk around with galoshes since one feels as if he is walking on the floor.[77] However, sneakers[78] and Crocs®[79]would not be allowed. Nonetheless, the overwhelming custom is to allow all types of footgear, as long as they are not leather.[80]
Some say that non-leather shoes that look exactly like leather shoes may not be worn because of maris ayin.[81]
[1] Mishnah Berurah 554:45, Biur Halacha “b’mokom.”
[2] Refer to Biur Halacha 554 “al yidei” if writing is permitted. See Elya Rabbah 26, Orchos Chaim 25, Kaf Hachaim 110, Mikadesh Yisroel Ben Hametzarim 287. The Mekor Chaim 22 says it is only permitted if it is short and a loss if one does not write. Since there is no work on Tisha B’av no V’yihi Noam is recited on Tisha B’Av which falls out on Motzei Shabbos (Tzitz Eliezer 13:37, see Rokeach 310, Taamei Haminhagim 641, Aruch Hashulchan 559:4).
[3] Levush 23, Chai Adom 135:15, Kaf Hachaim 103. Refer to Rashba 1:521.
[4] Magen Avraham 554:23, Ben Ish Chai Devarim 1:24, Chai Adom 135:15, Orchos Chaim 23, Mishnah Berurah 43, Aruch Hashulchan 19, Mekadesh Yisroel Ben Hametzarim 255. Refer to Elya Rabbah 25.
[5] Tur 554, Rambam Hilchos Taanis 5:10, Bais Yosef, Shulchan Aruch 554:23, Darchei Moshe, Rama 554:23, Levush 22, Kitzur Shulchan Aruch 124:15, Kaf Hachaim 97, 105, opinion of Harav Chaim Kanievesky Shlita quoted in Nechamas Yisroel 35:footnote 203.
[6] Magen Avraham 554:23, Chai Adom 135:15, Mishnah Berurah 554:43. Refer to Gra.
[7] Levush 22.
[8] Rama 554:22, Elya Rabbah 25, Magen Avraham 23, Chai Adom 135:15, Mishnah Berurah 43, Kitzur Shulchan Aruch 124:15.
[9] Darchei Moshe 554, Rama 554:22, Chai Adom 135:15 One should not make the beds before chatzos (Aruch Hashulchan 554:21, see 559:9 where the Aruch Hashulchan says it is proper not to do so all day). In addition, one should not clean the house the entire day (Aruch Hashulchan ibid). One can have a non-Jew do it (Mekadesh Yisroel Ben Hametzarim 265). Refer to Sefer Habayis 29:20. Refer to Y.D. 380:22 in regard to cleaning the house and making beds for an avel. In regards to washing dishes see Shulchan Aruch 559:10, Ohr L’tzyion 3:29:14, Machzei Eliyahu 87.
[10] Kaf Hachaim 106, opinion of Harav Shlomo Zalman Aurbach zt”l quoted in Nechamas Yisroel 38:5:footnote 206. Refer to Moed Lechol Chai 10:70.
[11] Aruch Hashulchan 554:21. Refer to Mekadesh Yisroel Ben Hametzarim 256 if doing allowing a non-Jew is permitted.
[12] Opinion of Harav Chaim Kanievesky Shlita quoted in Nechamas Yisroel 38:footnote 209.
[13] Chai Adom 135:15, Kitzur Shulchan Aruch 124:15, Birchei Yosef 559:7.
[14] Elya Rabbah 24, Sharei Teshuva 554:46, Biur Halacha “davar,”Kaf Hachaim 101.
[15] Bais Yosef 554, Rokeach 310, Rama 22, Levush 23, Sharei Teshuva 554:46, Kitzur Shulchan Aruch 124:15, Chai Adom 135:15, Aruch Hashulchan 20. Refer to Rama 554:22, Biur Halacha “al yidei.” This is even if it is not going to be a loss if the non-Jew works for you (Kaf Hachaim 108).
[16] Mikadesh Yisroel 257. Refer to Shulchan Aruch 554:22.
[17] 554:21.
[18] Shulchan Aruch 554:23, Elya Rabbah 23, Aruch Hashulchan 21, Kaf Hachaim 103, see Magen Avraham 26, Mishnah Berurah 48, Biur Halacha “davar, ” Darchi Chaim V’sholom 671.
[19] Shearim Metzuyanim B’halacha 124:9.
[20] Elya Rabbah 25, Mishnah Berurah 49.
[21] Rambam Hilchos Taanis 5:10, Bais Yosef 554, Shulchan Aruch 554:24, Aruch Hashulchan 21. Refer to Mekadesh Yisroel Ben Hametzarim 262.
[22] Mishnah Berurah 50. Some say if the payment is made together with other payments (i.e. one is not paid on a hourly basis) one does not have to worry (Refer to Emes L’Yaakov O.C. 554:footnote 524).
[23] Magen Avraham 27, Mishnah Berurah 49.
[24] Magen Avraham 27, Mishnah Berurah 49, Aruch Hashulchan 21.
[25] Mekadesh Yisroel Ben Hametzarim 262, see Levush 22.
[26] One sits on the floor for the seudas hamafsekes (Rokeach 310, Shulchan Aruch 552:7 ) and after he may sit on a bench (Magen Avraham 552:8, Chai Adom 134:3, Mishnah Berurah 18, Aruch Hashulchan 6). The reason for sitting on the floor for the seudas hamafsekes is not because of aveilus, but the seuda has to be one which is humbling (Taz 552:1, Magen Avraham 8, Chai Adom 134:3, Mishnah Berurah 17, Aruch Hashulchan 6). In shul one does not sit on the floor until after Boruch Hashem at maariv (Mishnah Berurah 559:11).
[27] Shulchan Aruch 559:3, Darchei Moshe 1, Kitzur Shulchan Aruch 124:16, Chai Adom 135:20, Lekutei Maharich 3:page 591 (new). Refer to Taz 4.
[28] Mishnah Berurah 559:10.
[29] Mekor Chaim 559:3. Refer to Levush 559:4 who says during kinnos one should always sit on the floor. Refer to Moadim U’zemanim 5:341, Natei Gavriel Ben Hametzarim 2:Meluyim page 68, Yabea Omer Y.D. 3:27:3.
[30] Birchei Yosef 552:8, Sharei Teshuva 559:3, Ben Ish Chai Vayishlach 1:11, Devarim 1:20, Taamei Haminhagim kuntres achron 646:page 290. Refer to Magen Avraham 559:2. Taz 4, Shevus Yaakov 1:26.
[31] Yalkut Yosef Moadim page 582:15.
[32] Kaf Hachaim 559:22. The chair etc does not have to be less than three tefachim from the ground (Massei Ish 5:page 21, Natei Gavriel Ben Hametzarim 2:Meluyim page 68).
[33] Mishnah Berurah 559:11, Aruch Hashulchan 4, Kaf Hachaim 559:22, Shevet Hakehusi 6:216, M’Bais Levi 13:page 43:22. Refer to Minhag Yisroel Torah 559:6.
[34] Moadei Yeshurun 1:page 141:18a.
[35] Ben Ish Chai Devarim 1:20.
[36] Emes L’Yaakov O.C. 559:footnote 528. Some say this starts from ben hashmashos (Kitzur Shulchan Aruch 123:5, see Igros Moshe O.C. 5:9:4).
[37] Refer to Sefer Chassidim 920, Yosef Ometz pages 16, 278, Shulchan Hatohar page 133, Kaf Hachaim 167:41, Rivevos Ephraim 3:486, Sheilas Shlomo 295, Yugel Yaakov page 39:3. Horav Chaim Kanievesky Shlita says based on kabbalah that one should not stand on a table (Sheilas Rav 1:11:4).
[38] Mikadesh Yisroel 267.
[39] Aruch Hashulchan Y.D. 387:3, Toras Ha’yoledes 48:12, Shevet Ha’kehasi 3:182:11.
[40] Avnei Yushpei 1:115:6.
[41] Rama 559:3, Magen Avraham 3, Mishnah Berurah 12, Aruch Hashulchan 4, Igros Moshe O.C. 5:9:4, Moadim U’zemanim 5:341. Refer to Mordechai Maseches Moed Kotton 895.
[42] Pri Megadim M.Z. 559:4, Gra 559:3.
[43] Chai Adom 135:20.
[44] Aruch Hashulchan 559:4.
[45] Rama 559:3, Mishnah Berurah 13.
[46] Refer to Minhag Yisroel Torah 559:4.
[47] Mikadesh Yisroel 283.
[48] Kaf Hachaim 559:24, Rivevos Ephraim 1:382. Refer to Taz 559:6, Levush 6, Mikadesh Yisroel 284.
[49] Moadei Yeshurun 1:page 141:18b, Ohelecha B’amisecha 36:22, Chut Shuni Shabbos 2:page 327, Rivevos Ephraim 1:382, opinion of the Chazzon Ish zt”l quoted in ibid.
[50] Rivevos Ephraim 1:382.
[51] Rivevos Ephraim 1:382. Some were not makpid even if it was higher than three tefachim (Orchos Rabbeinu 2:page 138:12).
[52] Rivevos Ephraim 1:382, Ohelecha B’amisecha 36:23, Chut Shuni Shabbos 2:page 327, Mikadesh Yisroel Ben Hametzarim 269, see Nechamas Yisroel 35:footnote 149. In regard to standing up if an old person or talmid chachum etc. walks into the room while you are sitting on the floor see Rivevos Ephraim 3:344, Oz Nedberu 11:48, Yabea Omer Y.D. 3:27:3.
[53] Rivevos Ephraim 1:382, Mikadesh Yisroel Ben Hametzarim 269.
[54] Bais Yosef 557:1, Rama 557:1.
[55] Maseches Taanis 30a, Rambam Hilchos Taanis 5:10, Rokeach 310, Tur 554, Shulchan Aruch 554:1, see 16, Mishnah Berurah 31. At the seudas hamafsekes one still wears his shoes (Shulchan Aruch 552:7, Mishnah Berurah 18). One should not walk around barefoot (Biur Halacha 614 “oh”).
[56] Refer to Minchas Chinuch mitzvah 313.
[57] Chai Adom 134:3, see Mishnah Berurah 553:3. Refer to Pri Megadim Eishel Avraham 554:1.
[58] Moadei Yeshurun 1:page 141 quoting the opinion of Harav Moshe Feinstein zt”l.
[59] Rama 554:17.
[60] Hago’es Maimonies Hilchos Taanis 5:10, Bais Yosef 554, Kitzur Shulchan Aruch 124:11, Shulchan Aruch Harav 614:10, Mishnah Berurah 34. Some say this is a big leniency (Rabbeinu Yerushum Nesiv Toldos Adam V’chavah 18:2).
[61] Bais Yosef 554, Chai Adom 135:11, Mishnah Berurah 36, Pela Yoetz Azus page 458 (new). Refer to Kitzur Shulchan Aruch 124:11, Moadim U’zemanim 5:341 (end).
[62] Chai Adom 135:11, Mishnah Berurah 36.
[63] Magen Avraham 554:17, Chai Adom 135:10, 11, Kitzur Shulchan Aruch 124:11, Mishnah Berurah 32.
[64] Mishnah Berurah 35.
[65] Shulchan Aruch 554:17, Aruch Hashulchan 16. Some say this is only permitted in big cities (Aruch Hashulchan ibid).
[66] Magen Avraham 554:17, Chai Adom 135:10, Mishnah Berurah 32.
[67] Mikadesh Yisroel Ben Hametzarim 244. See Yosef Ometz 877.
[68] Mishnah Berurah 33. Refer to Ohr L’tzyion 3:29:15:footnote 15 in depth.
[69] Refer to Halichos Shlomo Moadim (Yom Kippur) 1:5:20:footnote 37, Mikadesh Yisroel Ben Hametzarim 243, Harav Eider zt”l on Halachos of the Three Weeks page 22:E:2.
[70] Refer to Aruch Hashulchan 614:2-5, Moadim U’zemanim 6:28.
[71] Bais Yosef 554. Refer to Orchos Rabbeinu 2:page 138:9-10, page 207.
[72] Tur 554, Bais Yosef, Ben Ish Chai Devarim 1:21, Shulchan Aruch Harav 614:3, Chai Adom 135:9, Mishnah Berurah 614:5, Biur Halacha “oh,” Aruch Hashulchan 554:15, 614:4, Kitzur Shulchan Aruch 124:11.
[73] Elya Rabbah 614:2.
[74] Refer to Kovetz Bais Aron V’Yisroel 97:pages 56-58 in great depth. Refer to Aruch Hashulchan 614:3.
[75] Refer to Kovetz Bais Aron V’Yisroel 97:page 51.
[76] Refer to Panim M’eros 2:28, Chasam sofer on 614, Sharei Teshuva 554:11, Mishnah Berurah 614:5, Aruch Hashulchan 614:4, Shearim Metzuyanim B’halacha 133:6. Based on this some say when one comes to shul he should take off his slippers etc to feel the ground (M’Bais Levi 13:page 41:footnote 13).
[77] Aruch Hashulchan 614:5. Refer to Kovetz Bais Aron V’Yisroel 97:pages 59-60, Orchos Rabbeinu 2:page 138:10, Maharshag 2:110. Refer to Mishnah Berurah 614:5 who says galoshes are not good. However, maybe he was referring to a type which was thick and one did not feel as if he was walking on the floor when wearing them. Refer to Kovetz Bais Aron V’Yisroel 97:page 60).
[78] Be’er Moshe 2:52:3-8, Mikadesh Yisroel Ben Hametzarim 242, Moadim U’zemanim 6:28.
[79] Refer to Moadim U’zemanim 6:28, M’Bais Levi 13:page 41:12.
[80] Halichos Shlomo Moadim (Yom Kippur) 1:5:17. Refer to Maharshag 2:110. See Orchos Rabbeinu 2:page 138:10.
[81] Halichos Shlomo Moadim 5:16. For this reason Harav Shlomo Zalman Aurbach zt”l instructed people to buy white shoes, not black ones (Shalmei Moed 20:footnote 45, see Minchas Shlomo 1:91:8, 2:53:3, Shemiras Shabbos K’hilchoso 39:footnote 113). Refer to Natei Gavriel Ben Hamitzarim 2:74:11 who argues.