The Halachos pertaining to the nine days are many and is beyond the scope of this article. We will try to highlight a few of the more common issues. As always, these columns are not intended to be a final halachik opinion by any means. If anyone has a specific question they should consult a Rov.

When Does the Availus Begin

In essence there are three levels of availus when it comes to the churban bayis. 1. The seventeenth of Tamuz. 2. Rosh Chodesh Av 3. Shavuah Shechal bo.

The Chayei Odom (133; 8) writes that since on the seventeenth day of Tamuz the churban partially began when the tamid and the nesachim ceased to exist we begin a lessened state of availus starting on that day. He explains that it is therefore forbidden to get married from that day. Additional prohibitions include music, dancing and haircuts. However, bathing, laundering, was not prohibited since it would be too difficult for the public to adhere to such restriction for an extended period of time. This is despite the fact that according to the Gemara the availus doesn’t begin until the week in which Tisha B’av occurs in.

It is important to note that although the reason for many of the restrictions are since we are in “availus” there are other restrictions which are forbidden during these days which an avel is not prohibited from. An example can be the fact that we say that one should refrain from reciting a Shehechiyanu on a clothing article or a fruit during these days. The Mishnah Berurah points out that this is not forbidden for an avel yet on these days we prohibit it.

He explains that since this time period is one in which great tragedies occurred to the Jewish people it is not the prudent thing to make a b’racha on reaching this day. He brings that the Gr”a and the Taz disagree with this premise with regards to the specific prohibition of reciting a Shehechiyanu.

What are the Nine Days- Minimizing Joy?

The Mechaber (551; 1) writes that when the month of Av begins we minimize the joy. As to what the minimizing of joy means we will further explain. The Magan Avrohom writes that when the Mechaber writes that we minimize the joy he really means to say that one does not rejoice at all. The Yesod Vshoresh Avodah (11-12) adds many additional requirements which one must fulfill in order to ensure that he is minimizing the joy. However, the Shaar Hatzion (Ibid 1) writes that the Magan Avrohom is based on the opinion of Tosfos which is disputed by Tosfos in another place. He concludes that it is thus possible that the requirement of minimizing joy means that one should minimize from what his normal practice is and not the all joy is forbidden.

The Kaf Hachayim (Ibid 1) also brings two differing opinions as to what level this minimization of joy is required. Either it is referring to the items subsequently mentioned in the next paragraph or it is referring to a complete prohibition of simcha as is the opinion of the Magan Avrohom.

Until When is this the Case

The Shulchan Aruch only writes from when the minimization of joy begins but it does not state until when this remains in force. The Kaf Hachaim (Ibid) writes that this is until the tenth day of Av (and the tenth day is included). He adds that he who in fact is careful to treat these ten days as prescribed by halacha will merit in the ten hidden items which will only be revealed in the days of Moshiach.

The Chasam Sofer (Shulchan Aruch) writes that by the fifteenth of Av this certainly no longer applies since Chazal teach us that there has not been a Yom Tov by the Jews such as that of the fifteenth day.

Shabbos Chazon

The Vilna Gaon would wear his regular Shabbos clothes on Shabbos Chazon. The Mishnah Berurah (6) writes that as such was the practice of Rav Yackov Emden. He writes that there were those who would change one article of clothing from his regular Shabbos wardrobe.

Tisha B’av that falls out on Sunday

Since this year it is also a Tisha B’av which is pushed off until Sunday, there are according to some more halachos with regard to Shabbos. Firstly, one can eat meat and drink wine even by the seudas hamefsekes, and can even make a shehechiyanu.

All the prohibitions of Tisha b’av are suspended for Shabbos, except for tashmish hamitah according to the Shulchan Aruch.

The Taz also prohibits washing one’s hands but there are many whom dispute that position.

Learning things which are typically forbidden on Erev Tisha B’av is allowed when canceling it will cause bittul Torah, certainly one should not cancel a regular shiur which takes place. If one can learn other topics and it won’t cause bittul Torah then this should be done after chatzos.

One should not take leisure strolls or purposely go to interact as a mesiba with others on this Shabbos. However, one is allowed to go to a Shalom Zachor or simcha. As such many have ruled that a Shul which has a Kiddush each week should not cancel it either.

One does not have to take off their bigdei Shabbos on Mtzsh.

Someone whom is not fasting should make Havdallah. While many do so on chamar medina it is said that Brisker Rov zt”l one year was not fasting and made havdallah on wine.

Doing Laundry for Children During the 9 Days

There is a prohibition for an adult to wash the clothing of their children. However, there is special exception given to small children who constantly soil their clothing as the washing of these children’s clothing is not a taanug rather a hygienic need (See O.C. 551;14, L’vush, Chayai Odom (133; 18) Mishnah Berurah (Ibid 82). As per what the age of a child is that is allowed to have his clothing washed, the Chayai Odom maintains that this age is 2-3 years old. However, Rav Shimon Eider Zt”l he brings from Rav Moshe Zt”l that there is no age and it is dependent on each child individually. I saw from Rav Shmuel Kaminetzky Shlit”a (Kovetz Halachos Bein Hamitzorim 11;13) that for children where there is an allowance to wash their clothing there is also an allowance to lightly iron their clothing to the point where it is not embarrassing for the child but not in the manner that it is ordinarily done.

Someone who Forgot to try on his Clothes before the 9 Days

Since there is a prohibition to wear freshly laundered clothing during the 9 days, the custom has evolved for individuals to try on the clothing prior to Rosh Chodesh and then it is not considered freshly laundered with regards to the 9 days. However, if one forgot to do so there is still the following option. The Kaf Hachaim (Ibid 91) brings from the Ben Ish Chai (Devarim 6) that on Shabbos Chazon one can constantly change his clothes throughout the day so that they can be worn after Shabbos. (One needs to be vigilant that this is not being done in an obvious manner as then it is hachana. However, throughout the day one should switch his clothing (before each teffilah, after a nap, before and after the seudah.)

The Minchas Yitzchok (Vol. 10; 44) writes that if one failed to do so he can place the clothing on the floor in a way where it will get a little dirty, many Poskim disagree with his premise.

Polishing Shoes

There is no prohibition to polish shoes during the 9 days (See Ig”m Vol. 3; 80 s.v. Uma). He does not allow one to buff the shoes though.

Music during the Nine Days

The Magan Avrohom (Ibid 10) while discussing engagement parties writes that he is of the opinion that it is forbidden to have dancing and dancers from the 17 of Tamuz and on. However, he does not include musical accompaniment in this ban. It is thus a matter of great discussion amongst the Achronim whether or not music is prohibited. The Aruch Hashulchan (O.C. 493; 2) writes with regards to Sefirah that by an engagement party one is forbidden to have dancing and certainly it is forbidden to have musical accompaniments.

Strictly Vocals/ Tapes and C.D.’s

There is additional discussions amongst the Poskim whether or not only musical instruments were prohibited or vocals are included in this ban as well. The Sdei Chemed (Bain Hamitzarim p’as hasadeh 1; 10) writes that vocals are permitted as the ban is limited to instruments only. Many Rabbonim have in the past written letters and public awareness signs that if the vocals are mimicking musical accompaniments and it sounds like music then that too is included in the prohibition. In essence there was never an explicit ban on “musical instruments” rather on what will bring to rikud therefore finding a loophole in this regard will not help avoid the prohibition.

There are others who discuss whether the ban of music is limited to live music or recorded music is also included in this ban as well. However, Rav Moshe zt”l and many other Poskim are clear that there is no such distinction to be made.

Elevator Music, Exercise Music?

According to many music in a lobby, elevator etc. is not prohibited as is the case with music on a cellphone ring or a hold tone. Someone who can’t fall asleep without music, or does it to calm anxiety etc. may also listen to music. There are those whom allow one to workout to music as well, as always a Rov should be consulted.

Music Lessons

The Biur Halacha quotes the Pri Megadim who writes that one is allowed to sing in non-Jewish venues as much as is needed for his livelihood. However he brings from the Derech Hachaim that this is only the case form the 17th until Rosh Chodesh but not beyond that point, after Rosh Chodesh it is prohibited even if it is done for his livelihood. HaRav Moshe Feinstein Zt”l (O.C. Vol. 3; 87) writes (with regards to sefirah) that this issue depends on his intent. If he is learning to play so that he will earn a livelihood from the playing then it is permitted. However if he is learning how to play as enjoyment then it is prohibited.

Showering During the 9 Days

The Mechaber writes (551; 16) that one should not shower during the 9 days. However, the Maharil (Shu”t 15;1) writes that the halachos of showering during the 9 days is similar to the halachos we find by an avel. In Yorh Deah (381;3) with regards to an avel the Shulchan Aruch writes (and see Gr”a there) that one who is finicky and will be greatly affected by not showering can do so. Many Poskim state that this must be sure to be done in a fashion which is not intended to be pleasurable Therefore, one should try to use cold water (or as cold as one can handle) and not do anything to increase pleasure. There are those who are also lenient with regards to showering prior to a date. There is also a discussion whether someone who swims as part of an exercise regiment would be able to do so during the 9 days. However Rav Shlomo Zalman zt”l (Halichos Shlomo 14;61) writes that one should not be lenient in this regard.

Cutting Grass

Although the Mechaber writes that one is prohibited from doing “plantings of joy” (meaning planting things that will bring him joy) standard grass cutting is permitted. (Rivivos Efraim 374). One should refrain however from doing any extravagant landscaping work to enhance his properties appearance. Special exemption was given to one who is a landscaper and does such plantings as his livelihood as he may work throughout as well.

Making Purchases

The Mishnah Berurah (99) writes that since one is prohibited in making a shehechianu he is this prohibited in purchasing fruits or clothing which require one to recite that b’racha. It would appear that something which one does not recite the b’racha on may be purchased (See Mishnah Berurah 45). Harav Moshe zt”l (Ibid 90) writes that any clothing ornaments which are not choshuv (e.g. socks, belt etc.) may be purchased and worn.

The Magan Avrohom (551;17) points out that the prohibition to make a shehechiyanu during the nine days is not because of the laws of aveilus, since we find no such prohibition with regards to an avel. The reason for this prohibition was simply since we should not be celebrating the presence of these days.