TalmuDigest

For the week ending 31 October 2020 / 13 Heshvan 5781

5781 - An Exceptional Year - Part II

by Rabbi Yehuda Spitz
Library Library Library

[For Part I click here:]

As detailed in Part I,[1] 5781 is a year that contains a plethora of rare calendarical phenomena that we will IY”H continue to witness, or more accurately, take an active part in. Let’s continue our journey through this amazing year.

Shemini Atzeres or Simchas Torah?

An interesting calendar quirk that distinguishes between Eretz Yisrael and Chutz La’aretz is that as Simchas Torah is Shemini Atzeres in Eretz Yisrael, and this year it fell out on Shabbos, at Mincha the Kriya of the upcoming Parashas Bereishis was read; something that is an impossibility to occur in Chutz La’aretz.[2]Since it was still Shemini Atzeres, and Simchas Torah only started that evening, this meant that the Torah cycle had not yet concluded in Chutz La’aretz, and hence, at that Shabbos Mincha leining, the next parashah in the on-deck circle, V’Zos HaBracha was read.[3]

There was another potential distinction between Eretz Yisrael and Chutz La’aretz this year. In Eretz Yisrael, as Simchas Torah is Shemini Atzeres, it was observed on Shabbos this year, as opposed to Chutz La’aretz, where Shemini Atzeres was Shabbos and Simchas Torah was Sunday. Classically, on Simchas Torah, aside from certain halachic dispensations, such as dancing and clapping, due to the tremendous Simcha Shel Mitzva engendered by the day,[4]there have also been certain “minhagim,” or more accurately, liberties taken, or laxities that have been tolerated over the generations in the name of “simcha”, ostensibly due to the Rabbinic nature of the Yom Tov. These include(d), kids burning down Sukkos[5]and setting off firecrackers.[6]Although there is no lack of admonishment in halachic literature not to encourage such extreme forms of “merriment,”[7]nevertheless this year, in Eretz Yisrael many of these “minhagim” did not apply at all. As Simchas Torah was Shabbos, and as opposed to Yom Tov by itself, transfer of flame is strictly prohibited.[8]Hence, the possible need for stronger vigilance than is usually necessary on Simchas Torah.

A flip side of this, is that perhaps this year, the common minhag in Yeshivos to make Kiddush on Mezonos (as the ‘Seudah’) on Simchas Torah Night as per the Chazon Ish, may not have equally applied as it was Shabbos, since the Leil Shabbos Kiddush is mandated M’Deoraysa, as opposed to Leil Yom Tov Kiddush, which is Derabbanan.[9]Hence, many more were be makpid to make this Kiddush specifically with a full Hamotzi Seudah.

No Shabbos-Rosh Chodesh Haftarah?

Another interesting issue that will arise is that for most of world Jewry, the special haftarah for Shabbos Rosh Chodesh will not be leined the entirety of 5781, notwithstanding that Shabbos Rosh Chodesh technically occurs three times this year. The first Shabbos Rosh Chodesh, technically Rosh Chodesh Tishrei, was Rosh Hashana, which as the Yom HaDin, trumps anything Rosh Chodesh-related (except for a brief, perfunctory mention of the Rosh Chodesh Korbanos in Mussaf). The second Shabbos Rosh Chodesh, Rosh Chodesh Adar, will be Parashas Shekalim, which as one of the Arba Parshiyos, knocks off any other haftarah.[10] Yet, the third occurrence of Shabbos Rosh Chodesh, on Rosh Chodesh Av, is when it gets interesting.

As we know, most haftaros share some similarity with at least one concept presented in the Torah reading. The GemaraMegillah discusses the proper haftarah readings for the various holidays throughout the year.[11] The Gemara states that whenever Rosh Chodesh falls out on Shabbos, a special haftarah is read: “Hashamayim Kisi,” as it mentions both the inyanim of Shabbos and Rosh Chodesh.[12]

Head To Head Haftaros

Our dilemma arises when that rule goes head-to-head with another rule. The Pesikta, (an early Midrash cited by many early authorities including Tosafos and the Abudraham)[13] continues the teachings of Chazal as to the proper haftarah readings starting from the Fast of Shiva Assur B’Tamuz.

During the ‘Three Weeks’ from 17 Tamuz until Tisha B’Av, we read ‘Tilasa D’Paranusa’, ‘Three Readings of Misfortune.’ After TishaB’Av (starting with Shabbos Nachamu, dubbed so due to its haftarah, Nachamu Nachamu Ami) until RoshHashana, ‘Shiva D’Nechemta’, or ‘Seven Readings of Consolation’ are read.[14] This is followed by a reading of Teshuva,[15] during the Shabbos between RoshHashana and YomKippur, aptly named ‘Shabbos Shuva’, for its repentance themed haftarah starting with ‘Shuva Yisrael’. The Abudraham as well as Rabbeinu Tam, conclude that these special haftarah readings are so important, that they are never pushed off!

The $64,000 question becomes, what happens when Rosh Chodesh Av falls out on Shabbos? Which ruling trumps which? Do we follow the Gemara or the Pesikta? Do we stick with the ‘Tilasa D’Paranusa’or the special Rosh Chodesh reading?

The answer is that there is no easy answer! The Beis Yosef writes that the ikar halacha follows the Abudraham as he was considered the expert in these topics.[16] Consequently, in the Shulchan Aruch, he only mentions that during the “Three Weeks” the ‘Tilasa D’Paranusa’ are read.[17] Hence on Shabbos Rosh Chodesh Av, the Sefardic minhag is to only read the regularly scheduled haftarah of “Misfortune”: “Shimu,”[18] (along with the first and last pasuk of Hashamayim Kisi).[19]

Yet, figuring out the Ashkenazic minhag is not so simple.[20] Aside from this being a divergence of minhag between the the cities of Prague[21] and Posen,[22] as well as a machlokes Rishonim, it is also a machlokes of Tosafos in different Masechtos.[23] And although several Poskim conclude that whichever of the two haftaros is read is fine,[24] nevertheless, the majority consensus seems to be that the minhag to read “Shimu” is the most prevalent,[25] following the Mishnah Berurah’s citing of the Vilna Gaon’s position as the final word on the matter.[26] Accordingly, to most of the world, the special Shabbos Rosh Chodesh haftarah of “Hashamayim Kisi” will not be read in 5781.[27] [28]

In fact, for most of Ashkenazic Jewry, “Hashamayim Kisi” won’t be read until Shabbos Rosh Chodesh Elul 5782, almost two years from now, with Sefardim waiting an additional eight months, until Shabbos Rosh Chodesh Iyar 5783 (!).[29] Contrast this with “Machar Chodesh”, the special haftarah ordinarily read on Shabbos directly preceding a Sunday Rosh Chodesh,[30] which was just leined as the haftarah this past Parashas Bereishis (5781), will not be read again until Iyar 5782, a mere year-and-a-half from now.[31]

Tisha B’Av on Sunday

The Mishnah in Maseches Ta’anis famously teaches that “Mishenichnas Av Mema’atin Besimchah, When the month of Av arrives (Rosh Chodesh Av), we lessen our joy.” This is due to the heralding of the beginning of the tragedies that took place prior to the destruction of both Batei Hamikdash, from the breaching of the walls of ancient Jerusalem on the 17th of Tamuz, until the actual destruction of the Beis HaMikdash on the Ninth of Av. As detailed in the Mishnah and Gemara Ta’anis, both of these days have since become communal Fast Days, in remembrance of the tragedies that happened on these days.[32] In order to properly commemorate and feel the devastation, halacha dictates various restrictions on us during this period, getting progressively stricter up until Tisha B’Av itself.[33]

These restrictions include not eating meat or chicken, drinking wine,[34] doing laundry, wearing freshly laundered clothing, or pleasure bathing.[35] Many of these restrictions are generally still in effect until midday (Chatzos) of the next day, the tenth of Av with some being makpid the whole next day for some of the restrictions (unless in a year when Tisha B’Av is actually being observed on the tenth of Av, since it fell out on Shabbos).[36]

Ashkenazic or Sefardic Halacha?

However, this aforementioned timeline follows the general Ashkenazic minhag. On the other hand, many Sefardim only start most restrictions on beginning of the week that Tisha B’Av falls out on, a.k.a ‘Shavua Shechal Bo.

Although there is no mention of such in the Gemara, these restrictions are indeed binding Ashkenazic practice as instituted by many Rishonim[37] and later codified by the great Ashkenazic authorities including the Rema, Derech Hachaim, Shevus Yaakov, Chayei Adam, Kitzur Shulchan Aruch, Aruch Hashulchan, and Mishnah Berurah.[38]

While several later Sefardic authorities maintain that it is proper for Sefardim to follow the Ashkenazic minhag and start the restrictions from Rosh Chodesh Av,[39] nevertheless, as mentioned previously, most Sefardim are only noheg these restrictions from the actual week of Tisha B’Av, as per the actual ruling of the Shulchan Aruch.[40]

In 5781, Tisha B’Av will fall out on a Sunday. This means that accordingly, without an actual ‘Shavua Shechal Bo Tisha B’Av,’ generally speaking, this year Sefardim will not undertake any Nine Days restrictions, save for the proscription of partaking of meat and wine.[41] Sefardim may shower, shave, and do their laundry all the way up until Shabbos Chazon – which is Erev Tisha B’Av this year. On the other hand, Ashkenazim do not share this dispensation, and would still need to keep all the Nine Days’ restrictions.[42]

Sunday Night Havdalah

As Shabbos Chazon ends, along with our not-too-common fleishig Erev Tisha B’Av Seudah Hamafsekes (a.k.a. Seudas Shlishis),[43] and the fast of Tisha B’Av commences, Havdalah is not recited Motzai Shabbos. Rather,most of this Havdalah gets pushed off until Sunday night,[44] but parts of it are performed on Motzai Shabbos. In Maariv in shul on Motzai Shabbos-Tisha B’Av, we recite “Attah Chonantanu” to allow the performing of melacha (or by simply saying “Hamavdil Bein Kodesh L’Chol”). There is no bracha of Besamim at all as that is considered hana’ah (benefit or pleasure), which we minimize on Tisha B’Av. It is also not recited on Motzai Tzom (Sunday night), as at that point it is no longer directly after Shabbos. Regarding Borei Me’orei Ha’Aish this Motzai Shabbos/Tisha B’Av, that is generally recited in shul (or at home) after Maariv.[45] On Sunday night-Motzai Tisha B’Av the rest of Havdalah is recited; yet, this Havdalah we start from the bracha on the Kos and it only consists of that bracha and “Hamavdil Bein Kodesh L’Chol.”[46]

But there is still an unanswered question: What should the Kos we are making this Motzai Tisha B’Av Havdalah on contain? Many of the Nine Days’ restrictions are still in effect until the next day, including those of eating meat and drinking wine;[47] however, Havdalah still needs to be recited. So what do we do?

There is an interesting machlokes between the Mishnah Berurah and Aruch Hashulchan whether the Sunday night-Motzai Tisha B’Av Havdalah is more relaxed vis-à-vis drinking wine for Havdalah. The Mishnah Berurah,citing the Dagul Mervavah,[48] writes that it not as restrictive as the rest of the Nine Days for this inyan, and one may therefore personally drink of the Havdalah wine without necessitating finding a child to drink. Yet, the Aruch Hashulchan disagrees, maintaining that the Nine Days restrictions are still fully in effect, and is therefore preferable to make Havdalah on ‘Shaar Mashkin’ (Chamar Medina; this is leshittaso) and not wine.[49] A third opinion, that of the Elyah Rabba and Pri Megadim, is that one may use wine, but should give it to a child to drink, just like the Rema’s ruling on a standard Motzai ShabbosChazon (due to Nine Days’ restrictions).[50]

Even more interesting, is that all of these shittos are actually based on the Maharil, the early Ashkenazic codifier. In his Sefer HaMinhagim,[51] the Maharil writes regarding Tisha B’Av HaNidcheh that “kishehichshich beireich Borei Pri HaGafen V’Havdalah,” which the Dagul Mervavah notes, implies that Havdalah may be made on wine on this Sunday night. Yet, the Aruch Hashulchan, as well as the Elyah Rabba and Pri Megadim, follows the explicit ruling of the Rema, which is based on a responsum of the Maharil,[52] that regarding Tisha B’Av HaNidcheh, wine is still prohibited until the next morning. Apparently, the Mishnah Berurah understood the Maharil as maintaining that B’Makom Mitzvah, such asHavdalah, one needn’t have to be so stringent on Motzai Tisha B’Av HaNidcheh regarding drinking wine.[53]

Most contemporary authorities seem to follow the Mishnah Berurah’s ruling that one may make this Havdalah with wine and personally drink it. Certainly those who follow the Shulchan Aruch’s ruling of drinking the Havdalah wine during the Nine Days[54] would do so here as well, as Havdalah is the same ‘Makom Mitzva’ that the Shulchan Aruch ruled is an exception to the Nine Days’ restrictions. As with all cases in halacha, one should ascertain from a knowledgeable rabbinic authority which opinion he should personally follow.[55]

Choleh on Tisha B’Av: Havdalah

Many ask what a choleh (ill or sick person) should do if he or she[56] has a halachic dispensation to eat on Tisha B’Av itself. The halacha is that if a choleh or cholah is required to break his or her fast on a Sunday Tisha B’Av,he or she is required to make Havdalah before he or she eats. Nevertheless, the vast majority of contemporary authorities maintain that this Havdalah should be made on beer or other ‘Chamar Medina’ (which some in this case specify as including 100% orange juice), and not with wine, as not to violate the exhortation of the Gemara in Taanis (30b), “kol ha’ochel bassar v’shoseh yayin b’Tisha B’Av, alav hakasuv omer ‘v’tehu ovonosam al atzmosam”, explaining the grave sin that befalls one who eats meat or drinks wine on Tisha B’Av.[57]

On the other hand, the Steipler Gaon is quoted[58] as maintaining wine’s preference for Havdalah even on Tisha B’Av, as the Chazon Ish held that beer and other drinks do not maintain ‘Chamar Medina’ status nowadays. There are those who hold that as so, there is still a preference for grape juice over wine in this scenario.[59] It goes without saying that if there is no ‘Chamar Medina’ available then lemaaseh one should still make this Tisha B’Av Havdalah with wine, as either way, Havdalah is indeed mandated.[60]

If one only needs to break his fast only to drink water, then Havdalah would not actually be mandated, as one is normally technically permitted to drink water before Havdalah anyway.[61]

On a side point, and quite interestingly, and although not the normative halacha, there are several contemporary Poskim who maintain that a woman need not make Havdalah to break her fast.[62] Other solutions include that the husband, who is still fasting, should make Havdalah on Tisha B’Av and she or a child drink it.[63] If following this, then an additional Havdalah on Sunday night is not needed, as the Havdalah obligation was already fulfilled. In case of actual sheilah, one should ask their posek which shittah to personally follow. As an aside, it is important to note that the consensus is that a Kattan does not make Havdalah when breaking his or her fast.[64]

Either which way, just like the Sunday night Motzai Tisha B’Av Havdalah, this Havdalah for a Choleh on the fast itself should start from the bracha on the Kos and only consists of that bracha and Hamavdil Bein Kodesh L’Chol.

No Parashas Vayeilech

In what may seem odd to readers, in 5781 Parashas Vayeilech will not be leined. No, this does not mean that we will skip it entirely. It just means that Vayeilech will be next year’s Shabbos Shuva; hence by the time we get to its leining, it will already be the next year, 5782. The reason for this is interesting. It is because Rosh Hashana 5782 will occur on a Tuesday-Wednesday. The Tur, when codifying the calendarical halacha, sets several necessary sign-posts in relation to parshiyos, time of year, and various Yomim Tovim.

One of these is the dictum (seemingly a play on the words of a pasuk in the beginning of sefer Daniel[65]): “Ba”G Hamelech Pas Vayeilech.”[66] This is referring to when the Rosh Hashana (Hamelech) comes in on a Monday or Tuesday (Ba”G -ב"ג ), then Vayeilech gets split up, or crumbled (Pas Vayeilech), and read separately.[67] This maxim is letting us know the rule of when Nitzavim and Vayeilech will be read as a double-parashah or be read as separate stand-alone Parshiyos.

This adage goes hand-in-hand with another rule, “Kumu V’Tik’u,” that Parashas Nitzavim always has to be right before Rosh Hashana.[68] As the Gemara in Megilla explains, this is due to Ezra HaSofer’s Takkana that the curses in Sefer Devarim (meaning Parashas Ki Savo), need to be read prior to Rosh Hashana in order that “Tichleh Shana U’Klaloseha, the year and its curses may end”[69] [and ostensibly, its addendum, “Tachel Shana U’Birchoseha, the New Year and its blessings be ushered in”], to rapidly come true.

Tosafos, and seconded by the Abudraham, and then Levush,[70] explains why this is. Since Parashas Ki Savo contains tochachah (rebuke), there must be a noticeable “buffer week” [practically, Parashas Nitzavim] between its reading and Rosh Hashana.Therefore, Nitzavim must be the stand-alone “buffer week” before Rosh Hashana, in order to emphasize that we are getting Ki Savo and its tochacha in just before Rosh Hashana, to enable a misfortune-free New Year. These rules, or more accurately, necessary points of parasha alignment (or realignment) during the year, are accepted lemaaseh as halacha pesukah by all later authorities.[71]

So synchronizing these instructions, if Rosh Hashana falls out on a Monday or Tuesday, then Parashas Nitzavim will be the stand-alone parashah right before Rosh Hashana and Vayeilech gets pushed off a week to (next year’s) Shabbos Shuva. Yet, when Rosh Hashana falls out on a Thursday or Shabbos,[72] then Nitzavim and Vayeilech are combined as the last Shabbos of the year. As last year (5780) Rosh Hashana fell out on a Monday, Nitzavim and Vayeilech were combined as the last Shabbos prior to Rosh Hashana. Yet, this year, 5781, Rosh Hashana fell out on Shabbos. Hence, Vayeilech will end up being 5782’s Shabbos Shuva, and will not get to be leined at all this year.

This actually occurs pretty often, as does the opposite – sometimes we get to lein Parashas Vayeilech twice in a year (as will happen in 5783), once in the beginning of the year as the stand-alone Shabbos Shuva, and once again at the end, as a double-parashah along with Nitzavim.

Full Selichos

Another aspect of 5782’s Rosh Hashana falling out on Tuesday, is that for Ashkenazim, all of pre-Rosh Hashana days of Selichos will be recited. As the Ashkenazic minhag is to always commence Selichos on a Motzai Shabbos/Sunday that is at least four days before Rosh Hashana,[73] it is only when the next year’s Rosh Hashana falls out on a Tuesday, when it is possible for the “full count” of all of the 100 Selichos to be recited.[74] Just another noteworthy feature that brings our calendar year to a close.

White-Garbed

There actually is one last interesting convergence with the secular (U.S.) calendar - that Erev Rosh Hashana will fall out on Labor Day. However, as at that point we will be entering the Yomim Noraim, I am sure that this detail will not be too relevant to us. Since the only “observance” (that I am familiar with) is not to wear white past Labor Day, I am confident that all Ashkenazim will disregard this unspoken maxim, and rather follow the great Rema’s directive (O.C. 610:4) to specifically wear white on the Yomim Noraim (and certainly on Yom Kippur) to be akin to angels on the holiest day(s) of the year.[75]

In conclusion, asthis year Vayeilech, the parashah that discusses the inyan of Hester Panim[76] will not be publicly read, perhaps this incredible year will be a year of Nissim Geluyim, as was intimated by the Chasam Sofer (as discussed back in Part I), and may this exceptional year’s initials indeed stand for Tehei Shnas Pidyon Acharon!

This author wishes to acknowledge Rabbi Shea Linder’s excellent article on topic.

This article was written L’Iluy Nishmas Shoshana Leah bas Dreiza Liba and l’zechus for Shira Yaffa bas Rochel Miriam v’chol yotzei chalatzeha for a yeshua sheleimah teikif u’miyad!

For any questions, comments or for the full Mareh Mekomos / sources, please email the author: yspitz@ohr.edu.

Rabbi Yehuda Spitz, author ofM’Shulchan Yehuda on Inyanei Halacha, serves as the Sho’el U’Meishiv and Rosh Chabura of the Ohr Lagolah Halacha Kollel at Yeshivas Ohr Somayach in Yerushalayim. He also currently writes a contemporary halacha column for the Ohr Somayach website titled “Insights Into Halacha”:http://ohr.edu/this_week/insights_into_halacha/.

His first English halacha sefer, focusing on the myriad halachos related to food, is due out shortly.



[1] Several additions to Part I: Although in Part I we discussed that this year there will be five YaKNeHa”Z hybridKiddush/Havdalahs inChutz La’aretz, and all will will indeed merit a YaKNeHa”Z candle solution, nonetheless, the last one, on Motzai Shabbos/Shemini shel Pesach is not actually a true YaKNeHa”Z Kiddush, but rather YaKNe”H. This is because Shevii/Shemini Shel Pesach is the one day(s) of Yom Tov annually that does not merit a Shehechiyanu bracha, as it/they is/are still part and parcel of Pesach proper (as opposed to Shemini Atzeres and Sukkos). Thanks are due to R’ Yisroel Strauss for pointing this out. Also, in line with the elucidation of YaKNeHa”Z in many classic Ashkenazic Illuminated Haggados featuring a rabbit hunt due to the phonetically-similar German phrased “Jag den Häs,” this author has recently heard an analogous explanation for the “minhag” to eat stuffed cabbage on Hoshana Rabba: “Kohl Mit Wasser” (pronounced “Vasser”) – “Cabbage (cooked) with Water,” sounds similar to the special Tefilla recited on Hoshana Rabba associated with the klopping of Hoshanos: “Kol Mevasser.”

[2] This is because of the rule of “Lo AD”U (אד"ו)Rosh” – that Rosh Hashana cannot fall out on Sunday, Wednesday, or Friday. See Tur and Shulchan Aruch and main commentaries (O.C. 428:1), as well as Abudraham (Seder HaParshiyos, Simanei HaMoadim). Both the first day of Sukkos and Shemini Atzeres share this same rule, as they always occur on the same day of the week as Rosh Hashana did several weeks prior. So, if Shemini Atzeres cannot fall out on Friday, that means that Simchas Torah in Chutz L’aaretz, which is the next day, cannot fall out on Shabbos. Hence, there is never the opportunity for a Shabbos Mincha Kriyas HaTorah for the next Shabbos being Parashas Bereishis in Chutz La’aretz.

[3] Thanks are due to R’ Milton (Pipa) Ottensoser for pointing this out.

[4] See Mahari”k (Shoresh 9, Anaf 2; quoting Rav Hai Gaon; cited in Beis Yosef O.C. 339:3 s.v. v’kasav), Shaar HaKavannos (beg. Drushei Chag HaSukkos), Magen Avraham (O.C. 339:1 and beg. O.C. 669), Pri Megadim (E.A. ad loc.), Maaseh Rav (end 233), Mishnah Berurah (339:8 and 669:5-6 and 11, and Shaar Hatziyun ad loc. 5), Aruch Hashulchan (O.C. 339:8-9), and Kaf Hachaim (O.C. 669:23). See also Eishel Avraham (Butchatch; O.C. 339:3 s.v. ain) who maintains that there never is a gezeira against dancing and clapping when they are performed as part of Avodas Hashem. The potential issues with dancing and clapping etc. on Shabbos and Yom Tov are discussed in Orach Chaim (339:3).

[5] See Maharil (Minhagim; Hilchos Chag HaSukkos 9, pg. 397), Darchei Moshe (O.C. 669:3), Elyah Rabba (ad loc. 1; and Elyah Zuta ad loc. 7), and Ba’er Heitiv (ad loc. 2).

[6] See Magen Avraham (O.C. 514:13), Elyah Rabba (O.C. 669:1), Machatzis Hashekel (ad loc. end), Chayei Adam (vol. 2:153, 9), Mishnah Berurah (669:5), and Kaf Hachaim (ad loc. 20).

[7] See Darchei Moshe (O.C. 669:3), Elyah Rabba (ad loc. 1), Malbushei Yom Tov (ad loc. 1; citing Rabbeinu Bachyei), Bikkurei Yaakov (ad loc. 6), Ba’er Heitiv (ad loc. 2), Chayei Adam (vol. 2:153, 9), Mishnah Berurah (ad loc. 6), and Kaf Hachaim (ad loc. 21). Already in the late 1500s, the Levush (ad loc.; also briefly cited in Mishnah Berurah ad loc. 17) noted that “shechichei shikrus” on Simchas Torah - upon which the Elyah Zuta (ad loc. 7) commented that the Maharam Lublin (Shu”t 72) ruled that if one forgave another’s debt to him on Simchas Torah the transaction is valid, unless he was “shikur k’shikruso shel Lot.” Unfortunately, centuries later, in many places it seems that this drunkenness, ostensibly in the name of “simcha,” is still the norm and not the exception.

[8]Lo Sevaaru Aish Bechol Moshvoseichem B’Yom HaShabbos, You shall not kindle fire in any of your dwellings on the Shabbos day”(Shemos, Parshas Vayakhel Ch. 35:3). See Gemara (Shabbos 70a and Krisus 20a-b), Rambam (Hilchos Shabbos Ch. 9 and Ch. 12:1), and Tur and Shulchan Aruch and main commentaries (O.C. 253, 318, and 334; see also the Aruch Hashulchan’s introduction to Hilchos Shabbos in O.C. 242). This is opposed to regular Yom Tov, when transferring fire is permitted. See Mishnah(Beitzah 36b and Megillah 7b), Rambam (Hilchos Yom Tov, Ch. 1:4), and Tur and Shulchan Aruch and main commentaries (O.C. 495:1 and 511).

[9]This issue is basically a machlokes Magen Avraham (O.C. 273:11; based on the Beis Yosef’s understanding of the machlokes between the Gaonim vs. Tosafos and the Rosh) and Vilna Gaon (recorded in Ma’aseh Rav 122 and cited in Biur Halacha 275:5 s.v. kasvu), whether or not the requirement of Kiddush B’makom Seudah (Pesachim 101a) can be fulfilled with Mezonos, or if a full bread Seudah (Hamotzi) is mandated. Although “Minhag Yisrael” is to be lenient, nonetheless, due to the strength of the opposition, several Acharonim, including Rav Yitzchak Elchanan Spektor (Shu”t Ein Yitzchok 12:5 and 11) and the Chazon Ish (cited in Orchos Rabbeinu, new edition; vol. 1, ‘Hora’os m’Maran HaChazon Ish’, pg. 423:36 and vol. 3, pg. 119:22), maintained that when the Kiddush is Deoraysa (such as Leil Shabbos Kiddush) it is preferable to be machmir and only make Kiddush with Hamotzi, whereas when the Kiddush is M’Derabbanan (such as Shabbos Day Kiddush or Leil Yom Tov Kiddush) one may be lenient. Hence, many Yeshivos, following the Chazon Ish’s precedent based on this approach, generally speaking, do make Kiddush on Simchas Torah night on Mezonos, as the Kiddush on Yom Tov, even at night, is also Derabbanan. But this year, as in Eretz Yisrael Simchas Torah is Shabbos, the night Yom Tov Kiddush is Deoraysa, so perhaps, the general Kiddush minhag would be changed. This topic was disussed at length in a previous article titled “More Common Kiddush Questions: Kiddush B’Makom Seudah.”

[10] See Mishnah and GemaraMegillah (29a-30a), Rambam (Hilchos Tefilla Ch. 13:20), Tur and Shulchan Aruch (O.C. 685:1), Rema (O.C. 425: end 1), Levush (O.C. 685:1), Mishnah Berurah (ad loc. 3), and Kaf Hachaim (ad loc.12). These issues were discussed at length in a previous article titled “Configuring the Arba Parshiyos Puzzle.”

[11] GemaraMegillah (29b-31a).

[12] See also Shu”t Noda B’Yehuda (Tinyana O.C. 11).

[13] Including the Machzor Vitry (261-262), Abudraham (Seder Parshiyos V’Haftaros), the Mordechai (Megillah, end Ch. Bnei Ha’Ir 831, end s.v. haghah), Tosafos (Megillah 31b s.v. rosh), Ran (ad loc.), and Rashba (ad loc.).

[14] See Machzor Vitry and Abudraham (ibid.) for two separate reasons why the Shiva D’Nechemta are in its specific order.

[15] Although the Pesikta, according to the Abudraham, maintains that there should be two haftaros of repentance, common minhag is that only one, Shuva Yisrael, is read on a Shabbos. The other, Dirshu Hashem Bi’Heematzo, is read on Tzom Gedalyah (by Mincha) instead. [This is especially important, as the Gemara Rosh Hashana 18a explains that this exhortation is actually referring to the Aseres Yemei Teshuva.] See Tosafos (ibid.), Tur (O.C. 428:8) and Beis Yosef (ad loc. end s.v. umashekasav).

[16] Beis Yosef (O.C. 425:1 s.v. umashekasav), Abudraham (ibid.).

[17] Shulchan Aruch (O.C. 425:1).

[18] Yirmiyahu (Ch. 2:4).

[19] See Beis Yosef (ibid.), Kaf Hachaim (ibid. 10), Maharikash (Erech Lechem ibid.), Shu”t Yechaveh Daas (vol. 4:35), Yalkut Yosef (Kitzur Shulchan Aruch, O.C. 425:2), and Rav Yaakov Hillel’s Ahavat Shalom Luach (5781; Parashas Mattos-Masei). The Rambam (Hilchos Tefilla Ch. 13:19) actually implies this way as well. On the other hand, in Rav Mordechai Eliyahu’s Darchei Halacha glosses to the Kitzur Shulchan Aruch (122:10), it curiously states to read “Hashamayim Kisi, as per the Shulchan Aruch in Orach Chaim 425.”

[20] Indeed, even the Rema, in his Darchei Moshe (O.C. 425:3) concurs with the Sefardic psak, citing precedent from the Abudraham (ibid.), Mordechai(ibid.), Maharil(Minhagim,Chilukei Haftaros), and Beis Yosef (ibid.), and not like the Terumas Hadeshen (19), and adding that in this case, although ‘Shimu’ is read, it is proper to add the first and last pesukim of “Hashamayim Kisi.” Yet, in his authoritative Hagahah on the Shulchan Aruch, he appears to change his psak, ultimately concluding that the ikar on Shabbos Rosh Chodesh Av follows the Terumas Hadeshen, who holds that since this is essentially a Machlokes Hakadmonim, and a seeming stira in Tosafos, and therefore as Shabbos Rosh Chodesh is considered Tadir (more common), then in a place where there is no set minhag, “Hashamayim Kisi” should be read. To make matters more intriguing, many later Ashkenazic authorities follow the Shulchan Aruch, and not the Rema’s conclusion, that on Shabbos Rosh Chodesh Av, “Shimu” should be read.

[21] To read “Shimu.” See Elyah Rabba (O.C. 549:3), Dagul Mervava (O.C. 425:1), and Shaarei Teshuva (ad loc. 1). See also Noheg K’Tzon Yosef (pg. 246).

[22] To read “Hashamayim Kisi.” See Levush (O.C. 549:1 s.v. Rosh Chodesh Av), Magen Avraham (425:2), Pri Megadim (ad loc. E.A. 2), Chasam Sofer (Hagahos on Shulchan Aruch ad loc. “v’chein nohagin”), and Aruch Hashulchan (ad loc. 5; “v’chein anu nohagim mipnei shekein ikar”). See also Rav Shlomo Kluger’s Sefer Hachaim (pg. 112b). Italian minhag, which only performs one kriya of Paranusa - Chazon on the Shabbos preceding Tisha B’Av, would also undoubtedly read “Hashamayim Kisi” on Shabbos Rosh Chodesh Av.

[23] Tosafos in Pesachim (40b s.v. aval) vs. Tosafos in Megillah (31b s.v. Rosh Chodesh), based on the Gemara (31b) that when Rosh Chodesh Av falls out on Shabbos “Chodsheichem U’Moadeichem” (Yeshaya Ch. 1:14; referring to the haftarah of “Chazon”) is read. Although the Vilna Gaon (Biur HaGr”a ibid.) maintains that there is a printing mistake in the Tosafos in Pesachim that states “Hashamayim Kisi” should be read, nonetheless several Rishonim cite this lemaaseh, including the Hagahos Maimoniyus (Hilchos Tefilla Ch. 13:2) and Terumas Hadeshen (ibid.).

[24] See Levush (O.C. 425:2; concluding “puk chazi mah ama davar” and in O.C. 549: end 1, “b’makom shenahagu nahagu”), Kitzur Shulchan Aruch (122:6), Kaf Hachaim (O.C. 425:16; “u’mikol makom b’makom shenahagu ain leshanos”), and Rav Yosef Eliyahu Henkin’s authoritative Ezras Torah Luach (5781; Parashas Mattos-Masei; after citing both shittos concludes “v’ain leshanos haminhag”). Practically, the Rema’s conclusion is that both are essentially valid shittos.

[25] See the Tukachinsky Luach Eretz Yisrael, Ittim L’Vinah Luach, Luach Hahalachos U’Minhagim B’Eretz Yisrael, Halichos Even Yisrael (Moadim vol. 1 pg. 352:11), and the Ezras Torah Luach (which first cites “Shimu”). Already in the Levush’s time (O.C. 549:1 s.v. Rosh Chodesh Av) “nohagin b’rov hamekomos lehaftir Shimu v’lo Hashamayim Kisi.”

[26] Mishnah Berurah (425:8), citing the Vilna Gaon (Biur HaGr”a ad loc. s.v. v’yeish omrim).

[27] Thanks are due to R’ David Roth for pointing this out.

[28] Yet, there are those who opine, based on the mainstream Ashkenazic psak regarding Shabbos Rosh Chodesh Elul (of doubling up haftaros that are consecutive in the Navi to enable all kriyos; this was discussed at length in an article titled “The Double-Header Haftarah”) that there is a potential solution available to satisfy all opinions. As noted by Rav Noach Isaac Oelbaum in his Shu”t Minchas Chein (vol. 2, O.C.23), citing the sefer Pischei Olam U’Mataamei Hashulchan (on the Shulchan Aruch ad loc.), Shulchan Atzei Shittim (on the Shulchan Aruch ad loc.), and Shulchan HaKriah (on Hilchos Krias HaTorah), that the haftaros of the first two of three of the Tilasa D’Paranusa (“Divrei Yirmiyahu” and “Shimu”) are actually back to back in the original Navi (Yirmiyahu Ch. 1:1–2:3 and 2:4-28). As such, they posit that when Rosh Chodesh Av falls on Shabbos, on the preceding week, the first of the Tilasa D’Paranusa, both “Divrei Yirmiyahu” and “Shimu” should be read, thus freeing up the next week for the regular Shabbos Rosh Chodesh reading of “Hashamayim Kisi.” Although a bit of a novel approach, nonetheless, in this manner, all opinions are satisfied and all necessary Kriyos are read. Rav Oelbaum concludes that in 5765/2005, there was a “Kol KorehM’Gedolei Rabbanim that this is the preferred mehalech to follow when Rosh Chodesh Av falls out on Shabbos. So although this may not (yet) be the mainstream Ashkenazic psak, nevertheless, this potential double-header haftarah certainly has merit. Thanks are due to R’ Mordechai Fast for first pointing this out to this author.

[29] Due to Shabbos Rosh Chodesh Teves 5782 being on Chanuka, so Chanuka’s haftarah trumps it due to Pirsumei Nissa (Orach Chaim 684:2-3; at least lechatchilla – see Chayei Adam vol. 2, 154:41), and Shabbos Rosh Chodesh Nissan being Parashas Hachodesh which also trumps “Hashamayim Kisi,” as it is one of the Arba Parshiyos (as mentioned previously). The next Shabbos Rosh Chodesh – Elul 5782, Ashkenazim will leinHashamayim Kisi,” due to doubling-up another of the Shiva D’Nechemta. Sefardim, on the other hand, as mentioned previously, will not push off any of the Shiva D’Nechemta and will have to wait even longer to read “Hashamayim Kisi” – Shabbos Rosh Chodesh Iyar 5783. This was discussed at length in an article titled “The Double-Header Haftarah.” Thanks are due to Nehemiah Klein for pointing this out.

[30] Orach Chaim (425:2), based on Gemara Megillah (31b).

[31] Due to its being pushed off for Parashas Hachodesh, Shiva D’Nechemta, and Chanuka repectively (as delinated above), the three times that a Sunday Rosh Chodesh will occur over the next year-and-a-half. Practically, any special haftarah that can push off “Hashamayim Kisi,” would certainly also push off “Machar Chodesh.”

[32] See Mishnah in Maseches Ta’anis (26b) and accompanying Gemara.

[33] See Tur, Shulchan Aruch, Rema and their commentaries (O.C. 551).

[34] Although non-alcoholic, grape juice would technically nonetheless not be any more preferential a drink during the Nine Days. We refrain from meat and wine in the Nine Days as a symbol of mourning for the destructions of the Batei Hamikdash - where Korbanos were brought daily - mainly Zevachim (which was meat) and Nesachim (its wine libation).The Shulchan Aruch (O.C. 551:10) mentions that any wine, including freshlymade wine, is forbidden during the Nine Days. The Mishnah Berurah (ad loc. 66) explains that even though it is sweet and weak, and could not be used as a libation in the Bais HaMikdash, it is nonetheless forbidden because the accepted restriction does not differentiate, but rather is to refrain from all types of wine. Since this weak beverage is still considered a “wine,” we do not drink it during the Nine Days. The same would apply to our ubiquitous grape juice, which is still considered a type of wine. See Shu”t Minchas Shlomo (vol. 1:64), Shu”t Rivevos Efraim (vol. 8:177; citing many Poskim), Moadei Yeshurun (pg. 130) and Mesores Moshe (vol. 1, pg. 174 s.v. mitz) quoting Rav Moshe Feinstein, Shu”t Even Yisrael (vol. 9, He’aros on Mishnah Berurah, Hilchos Tisha B’Av pg. 110 s.v. vtz”a), Shu”t Teshuvos V’Hanhagos (vol. 2:259), Shu”t Ohr L’Tzion (vol. 3, Ch. 26:8), Rav Chaim Kanievsky’s Moadei HaGra”ch (vol. 1:317 and 318), Rav Shmuel Kamenetsky’s Kovetz Halachos (Dinei Bein HaMetzarim), Sefer Nechemas Yisrael (pg. 114:295), Halichos Even Yisrael (Moadim vol. 1, pg. 348:1), Hanhagos Rabbeinu(pg. 281:16), Netei Gavriel (Hilchos Bein HaMetzarim vol. 1, Ch. 39), Piskei Teshuvos (vol. 5:551, 42), and the Belz Dvar Yom B’Yomo Luach (5776; pg. 647). Rav Asher Weiss (the renowned Minchas Asher) has recently averred the same to this author.

[35] The issue of bathing during the Nine Days was discussed at length in a previous article titled titled “Showering During the Nine Days?!.”

[36] See Shulchan Aruch, Rema, and main commentaries to (O.C. 558).

[37] Including the Ramban (Toras Ha’Adam pg. 81, 4th column), Rashba (Shu”t vol. 1:306), Rokeach (310 s.v. mihu), Orchos Chaim (Hilchos Tisha B’Av 10), Ohr Zarua (vol. 2:414), Machzor Vitry (263), Tur (O.C. 551; citing the Yerushalmi), Kol Bo (62), and Abudraham (pg. 69b; citing Rav Hai Gaon).

[38] Rema (Darchei Moshe, O.C. 551:5 and Hagahah ad loc. 2 and 4), Derech Hachaim (201:1), Shu”t Shevus Yaakov (vol. 2:35), Chayei Adam (vol. 2, 133:8), Kitzur Shulchan Aruch (122:1), Aruch Hashulchan (O.C. 551:8) and Mishnah Berurah (ad loc. 18).

[39] See Knesses Hagedolah (O.C. 551, Hagahos on the Tur 5), Ben Ish Chai (Year 1, Parashas Devarim 12), and Kaf Hachaim (O.C. 551:44, 77, 78, and 80).

[40] Shulchan Aruch (O.C. 551:4), based on the Rambam (Hilchos Taaniyos Ch. 5:7). See Magen Avraham (ad loc. 17 and end 35), Pri Megadim (ad loc. E.A. 17 and 36), Mishnah Berurah (ad loc. 38 and Shaar Hatziyun ad loc. 40), Ben Ish Chai (ibid.), and Kaf Hachaim (ibid. 77 and 78). For more on this topic, see Shu”t Yabea Omer (vol. 6, O.C.46 and vol. 9, O.C. 50:1), Shu”t Yechaveh Daas (vol. 1:41 and vol. 4:36), Rav Mordechai Eliyahu’s Darchei Halacha glosses to the Kitzur Shulchan Aruch (122:19), Rav Yaakov Hillel’s Ahavat Shalom Luach (Dinei Shavua Shechal Bo Tisha B’Av), and Yalkut Yosef (Kitzur Shulchan Aruch, O.C. 551:1).

[41] Although generally speaking, even these restrictions most Sefardim do not observe on Rosh Chodesh Av itself. See Shu”t Ohr L’Tzion (vol. 3, Ch. 26:3),Shu”t Yechaveh Daas (vol. 1:41), Rav Mordechai Eliyahu’s Darchei Halacha glosses to the Kitzur Shulchan Aruch (122:12), Ahavat Shalom Luach (ibid.), and Yalkut Yosef (ibid.).This was addressed in a previous article titled “Meat on Rosh Chodesh Av?”.

[42] This does not mean there aren’t any dispensations available for Ashkenazim. For example, more people are permitted to be invited to a fleishig Seudas Mitzva (see Rema O.C. 551:10, and Mishnah Berurah ad loc. 77; citing the Derech Hachaim 201:12). Also more permissibility regarding cutting one’s nails (see Mishnah Berurah ad loc. 20) and washing childrens’ clothing (Mishnah Berurah ad loc. 77; citing the Chayei Adam, vol. 2:133:18). Perhaps if one has a hetter to go swimming for his health “until Shavua Shechal Bo,” he would also be able to benefit from Tisha B’Av being on Sunday this year, etc.

[43]Afilu k’seudas Shlomo b’shaato.” See Gemara Taanis (29b), Rosh (ad loc. Ch. 4:32), Tur and Shulchan Aruch and main commentaries (O.C. 551:10), and Shu”t Igros Moshe (O.C. vol. 4:112, 1).

[44] See Tur, Shulchan Aruch, and main commentaries (O.C. 556:1).

[45] See Shulchan Aruch (O.C. 556:1), Levush (ad loc. 1), Chayei Adam (vol. 2:136, 5), Kitzur Shulchan Aruch (125:6 and 7), Aruch Hashulchan (O.C. 556:1 and 2), and Mishnah Berurah (ad loc. 1).

[46] See Shu”t Rivevos Efraim (vol. 1:380, 3), Halichos Even Yisrael (Moadim vol. 1, pg. 376:13), Shemiras Shabbos Kehilchasa (vol. 2, Ch. 62:46*), Halichos Shlomo (Moadim vol. 2, Ch. 16, footnote 14), as well as Rav Shlomo Zalman Auerbach’s he’aros to sefer Pnei Baruch (on Bikur Cholim, pg. 183), based on the Pischei Teshuva (Y.D. 176:2) regarding an avel, and Shu”t Divrei Malkiel (vol. 6:9), that the pesukim usually recited in the beginning of Havdalah –“Hinei Keil Yeshuasi” etc. are not recited [these pesukim are only said on a Motzai Shabbos – see Matteh Efraim (601:10 and 625:5), Katzeh Hamatteh (601:6), and Shemiras Shabbos Kehilchasa (vol. 2, Ch. 60:23)], and this Havdalah starts with the bracha on the Kos.

[47] SeeShulchan Aruch and Rema and main commentaries (O.C. 558).

[48] Mishnah Berurah (O.C. 556:3 and Shaar Hatziyun 7), citing the Dagul Mervavah (ad loc.).

[49] Aruch Hashulchan (ad loc. 2). His opinion maintaining preference for using beer for Havdalah on Motzai Shabbos Chazon was written several simanim prior, in O.C. 551 (26).

[50] Elyah Rabba (556:4) and Pri Megadim (ad loc. E.A. 2); Rema (O.C. 551:10). These issues were discussed at length in a previous article titled “How to Make Havdalah During the Nine Days.”

[51] The Maharil’sSefer HaMinhagim (Hilchos Shiva Asar B’Tamuz V’Tisha B’Av).

[52] Rema (O.C. 558:1), based on Shu”t Maharil (125).

[53] See Shu”t Divrei Malkiel (vol. 6:9 s.v. va”d Havdalah) who holds this way andShu”t Rivevos Efraim (vol. 3:371 s.v. uv’inyan) who elucidates the Mishnah Berurah’s shittah similarly.

[54] Shulchan Aruch (O.C. 551:10). He maintains that whoever makes the Havdalah should just drink the wine himself. The Gr”a (Biur HaGr”a ad loc. s.v. u’mutar), explains this position (and is later echoed by the Mishnah Berurah ad loc. 67) that Havdalah is no worse than a Seudas Mitzva; just as at a Seudas Mitzva (such as a Bris) one may drink the wine even if it falls out during the week of Tisha B’Av, so too by Havdalah. They add that according to the Shulchan Aruch, these restrictions were never intended to negate a Mitzva.

[55] This certainly holds true here, as contemporary authorities are divided as well as to which shittah to follow. For example, Bobov and Skver minhag is to make Havdalah on beer on this Motzai Tisha B’Av (cited in Rav Dovid Harfernes’s Shu”t Mekadesh Yisrael, L’Ymei Bein HaMetzarim, pg. 100:147; thanks are due to R’ Shloime Lerner for pointing out this source), while in Rav Yechiel Michel Tukachinsky’s authoritative Luach Eretz Yisrael (5775; Tisha B’Av) it states to make Havdalah on wine and make sure to give it to a child to drink. However, both Rav Yosef Eliyahu Henkin (in his posthumously published Shu”t Gevuros Eliyahu, vol. 1:153, 6 s.v. kishero’eh) and the Rivevos Efraim (ibid.) maintain that one may indeed follow the chiddush of the Dagul Mervavah and Mishnah Berurah and perform Havdalah on wine and drink it himself; implying however no predilection nor preference for doing so. [Interestingly, the 5776 Ezras Torah Luach (Chodesh Av, pg. 126 s.v. arvis) implies Rav Henkin held that the ikar was to indeed makeHavdalah on wine and drink it himself.] This is also how it is cited in Rabbi Shimon Eider’s The Halachos of the Three Weeks (Ch. 7:1), that one may use either wine or beer for this Havdalah; citing both the Mishnah Berurah and Aruch Hashulchan’s shittos. On the other hand, the Divrei Malkiel (Shu”t vol. 6:9 s.v. va”d Havdalah; maintaining not to drink any more than the minimum shiur), as well as Rav Moshe Feinstein (cited in Mesores Moshe vol. 2, pg. 134: end 365), Rav Yisrael Yaakov Fischer (Halichos Even Yisrael, Moadim vol. 1, pg. 380:22), Rav Shmuel Halevi Wosner (Shu”t Shevet Halevi vol. 6:70, 9), Rav Dovid Feinstein (cited in Rav Yitzchok Dovid Frankel’s Kuntress Yad Dodi, Hilchos Tisha B’Av question 10), and Rav Yosef Shalom Elyashiv (as heard from his noted talmid Rav Nochum Eisenstein), are quoted as ruling akin to the Dagul Mervavah and Mishnah Berurah, and making Havdalah on wine and personally drinking it. This is also the minhag in Belz (BelzDvar Yom B’Yomo Luach, 5776; pg. 672). Certainly those who follow the Shulchan Aruch’s ruling of drinking the Havdalah wine during the Nine Days would do so here as well, as Havdalah is the same ‘Makom Mitzva’ that the Shulchan Aruch ruled is an exception to the Nine Days’ restrictions. Hence the caveat that one should ascertain from a knowledgeable rabbinic authority which opinion he should personally follow.

[56] Although Tisha B’Av is more stringent regarding pregnant or nursing mothers than most other fast days (see Shulchan Aruch, O.C. 554:5 and Rema ad loc. 550:1), there is a well-known general Yerushalayim dispensation for pregnant or nursing mothers on Tisha B’Av due to the extreme heat and high risk of dehydration [see, for example Shu”t Even Yisrael (vol. 9:62, 10), Halichos Even Yisrael (Moadim vol. 1, pg. 359–360), Halichos Shlomo (Moadim vol. 2, Ch. 16, footnote 2),Maadanei Shlomo (on Moadim, pg. 58, footnote 13), and sefer Halichos Beisah (Ch. 25, footnote 3)], especially if the nursing mother’s milk will be decreased and the infant will not have sufficient nutrition [see the Maharsham’s Daas Torah (O.C. beg. 550), Chazon Ish (O.C. 59:3–4; regarding a child who does not have access to sufficient milk is considered b’makom sakana), and Orchos Rabbeinu (new edition, vol. 2, pg. 177:37)].

[57] The halacha pesuka is that if a choleh is required to break his fast on this Sunday Tisha B’Av, he needs to make Havdalah [see Shaarei Teshuva (556:1; citing the Chida’s Birkei Yosef ad loc. 2, as well as Shu”t Knesses Hagedolah vol. 2:71; although they debate whether it is preferential to make this Havdalah on Motzai Shabbos or right before needing to break the fast), Kaf Hachaim (ad loc. 8 and 9; he also cites the minority opinion of several Rishonim, including the Ramban, Rashba, Ritva, and Radbaz, who maintain that in our case since Havdalah is pushed off it, is no longer mandated), Shu”t Maharil Diskin (Kuntress Acharon 5:72), Shu”t Yaskil Avdi (vol. 7, O.C. 36), Shu”t Shevet Halevi (vol. 9:133), Shu”t Divrei Yatziv (O.C. vol. 2:242), Shu”t Yechaveh Daas (vol. 3:40), Shu”t Tzitz Eliezer (vol. 14:44), and Shu”t Rivevos Efraim (vol. 1:380, 1)], nevertheless, the vast majority of contemporary authorities maintain that this Havdalah should be made on beer or other ‘Chamar Medina,’ and not with wine. See Shu”t Minchas Yitzchak (vol. 8:30, 4), Kovetz Teshuvos (vol. 1:57, 1), Shu”t Shevet Halevi (vol. 7:77, 2), Shu”t Even Yisrael (vol. 9:45), Shu”t Az Nidberu (vol. 11:48 s.v. siman 371), Shu”t Lehoros Nosson (vol. 2:36, 5), Shu”t Kinyan Torah B’Halacha (vol. 2:111, 2), Shu”t Rivevos Efraim (vol. 3:371; citing Rav Chaim Kanievsky and the Netei Gavriel), Mesores Moshe (vol. 1:376, pg. 173-174 and vol. 2:276, pg. 137), Emes L’Yaakov on Tur and Shulchan Aruch (O.C. 556, footnote 525), Halichos Shlomo (Moadim vol. 2, Ch. 16:7), Maadanei Shlomo (on Moadim, pg. 59), Ashrei HaIsh (O.C. vol. 3, Ch. 72:2, pg. 492), Halichos Even Yisrael (Moadim vol. 1, pg. 377:9), and Shemiras Shabbos Kehilchasah (vol. 2, 62:48).

[58] See Orchos Rabbeinu (vol. 2, pg. 136 and 145; new edition, vol. 2. Tisha B’Av 43, pg. 177–178, and vol. 1, ‘Hora’os m’Maran HaChazon Ish’, pg. 424:49), Kovetz Teshuvos (vol. 1:57 s.v. od b’hanal) and Chut Shani (Hilchos Shabbos vol. 4, Ch. 6:4, pg. 111 s.v. uv’chu”l).

[59] See Rav Chaim Kanievsky’s hosafah to his father-in-law, Rav Yosef Shalom Elyashiv’s teshuva (Kovetz Teshuvos vol. 1:57), as well as Moadei HaGra”ch (vol. 2:403), sefer Kara Alai Moed (Ch. 7:17) citing Rav Nissim Karelitz, Hanhagos Rabbeinu (pg. 292:61), Piskei baal Minchas Asher (printed in the recent Kinos Otzar HaRishonim, Kitzur Hilchos Tisha B’Av, pg. 26), and the Belz Dvar Yom B’Yomo Luach (5776; pg. 666).

[60] As per the Steipler Gaon and Chazon Ish (ibid.), as well as several other opinions, including the Brisker Rav (Chiddushei Maran Ri”z Halevi, Hilchos Taaniyos, pg. 10a s.v. Taanis daf lamed and hinei) who maintain that one may indeed make Havdalah with wine on Tisha B’Av when needed, based on the shittah of the Terumas Hadeshen (151; cited by the Magen Avraham, O.C. 552:6-7, and Biur HaGr”a ad loc. s.v. v’ain tzarich) that the Seudah HaMafsekes is akin to Aninus (“Meiso Mutal Lefanav”) and Tisha B’Av itself is akin to Aveilus. Ergo, a Choleh’s dispensation should be akin to an Avel’s, who is permitted to drink wine after the niftar is buried. The Knesses Hagedolah (Shu”t vol. 2:71) implies this way as well, referring to a Choleh’s Havdalah on Tisha B’Av as ‘Mavdilin Al Hakos Birkas HaYayin.’ However, as Rav Chaim Kanievsky (Hosafos to Kovetz Teshuvos vol. 1:57) and Rav Shlomo Zalman Auerbach (Halichos Shlomo, Moadim vol. 2, Ch. 16, footnote 23) point out, other Rishonim [e.g. Ohr Zarua (vol. 2, Hilchos Tisha B’Av 415) and Teshuvos HaRitva (63; cited by the Beis Yosef in O.C.557)] do not seem to agree to this Chiddush or this understanding, as regarding the reason ‘Nacheim’ is only recited at Mincha and not in prior Tefillos of Tisha B’Av, they explain that is because only then, on Tisha B’Av afternoon, is it akin to the aftermath of a Meis being buried and us capable of receiving Nechama, consolation. Hence, accordingly, Tisha B’Av itself seems to be akin to Aninus and not Aveilus. They therefore assert that other beverages of Chamar Medina or even grape juice, are still certainly preferable to wine. See also Halichos Even Yisrael (Moadim vol. 1, pg. 375:10), who explains that as Havdalah is mandated, if ‘Chamar Medina’ is not available, it still must be performed, even with wine if necessary.

[61] See Shu”t Shevet Halevi (vol. 8, end 129; based on Shulchan Aruch and main commentaries in O.C. 299:1; see also Aruch Hashulchan ad loc. 1; that one may drink water before Havdalah on a standard Motzai Shabbos, ergo the same should apply here as well), Moadei HaGra”ch (vol. 2:403),and Hanhagos Rabbeinu (pg. 293:65). Although it should be noted that this may not be such a common case, as generally speaking, if one is ill enough to be granted halachic dispensation to drink on Tisha B’Av, he presumably would be allowed to eat as well.

[62] Although not the normative halachah, there are several contemporary Poskim who maintain that a woman need not make Havdalah to break her fast (or to make it without ‘Sheim U’Malchus’) due to a sfeik sfeika in a makom Derabbanan, based on the fact that several Rishonim (as mentioned previously) maintain that Havdalah is not mandated when it is pushed off due to Tisha B’Av at all; additionally, there are shittos who hold women cannot make Havdalah. Hence, they conclude that she is not obligated in making Havdalah in this instance. See Shu”t Dvar Yehoshua (vol. 2:75, 2; who writes that he never heard of a choleh in Poland making Havdalah before breaking his fast), Shu”t Divrei Yatziv (Likutim V’Hashmatos 50), Shu”t Mishnah Halachos (vol. 7:39), Shu”t Kinyan Torah B’Halacha (vol. 1:51), Shu”t Shraga HaMeir (vol. 1, 59), Shu”t Rivevos Efraim (ibid; 5, citing the Netei Gavriel), Netei Gavriel on Bein Hametzarim (vol. 2, Teshuva 11), Shu”t Az Nidberu (ibid; who strongly argues, explaining that sevara cannot be docheh the halacha pesuka that Havdalah is required), Shu”t Minchas Yitzchak (vol. 8:51; who asserts a similar sfeik sfeika regarding a woman eating on Motzai Tisha B’Av on Sunday night, that she may eat before hearing her husband’s Havdalah), and Minhagei Bein Hametzarim (Ch. 8:19-20).

[63] This shittah, that a healthy person who is still fasting can be Motzai Havdalah for another (i.e. Choleh) who is no longer fasting, or vice versa, that a Choleh who is breaking his can be Motzai his household with Havdalah, is brought in Shaarei Teshuva (556:1), citing the Chida (Birkei Yosef ad loc. 3), as well as in Kaf Hachaim (ad loc. 9). Many contemporary authorities cite this lemaaseh. See, for example, She’arim Metzuyanim B’Halacha (vol. 3, 125:3), Shu”t Tzitz Eliezer (vol. 14:44), and Shu”t Shevet Halevi (vol. 8:129, 2). As such, in the case of a woman who needs to break her fast, they maintain preference for her husband to make Havdalah for her (and a child, or if need be, she, should drink the Kos), then for her to make Havdalah by herself. If that is not a feasible option, then they hold that she should still make Havdalah herself. See for example, Shemiras Shabbos Kehilchasa (vol. 2, Ch. 62:48) and Piskei baal Minchas Asher (printed in the recent Kinos Otzar HaRishonim, Kitzur Hilchos Tisha B’Av, pg. 26), who maintain this order of preference. Indeed, Rav Yisrael Yaakov Fischer (Halichos Even Yisrael, Moadim vol. 1, pg. 376:12) was known to have made Havdalah for his wife when she was sick and unable to fast on a Sunday Tisha B’Avon black coffee that was cooled off a bit and was Motzai his household with Havdalah right there and then. Yet, as noted by the Steipler Gaon in Orchos Rabbeinu (vol. 2, pg. 145; new edition, vol. 2, pg. 179:44), as the Mishnah Berurah does not cite this solution at all, it implies that this sevara is not so pashut. As such, other Poskim, including Rav Yosef Shalom Elyashiv (Kovetz Teshuvos vol. 1:57) and Rav Shlomo Zalman Auerbach (Maadanei Shlomo on Moadim, Bein HaMeitzarim pg. 59 and Halichos Shlomo, Moadim vol. 2, Ch. 16:7), hold that it is preferable that the Choleh/woman make Havdalah for him/herself and not rely on the husband or someone still fasting to do so. Rav Ovadiah Yosef (Shu”t Yechaveh Daas vol. 3:40) and the Shevet Halevi (Shu”t vol. 6:42, 2 and vol. 7:77, 4) seem to imply they prefer this way as well, even though, the Shevet Halevi (Shu”t vol. 8:129, 2) does allows a faster to make Havdalah for a non-faster.

[64] Although the Maharil Diskin (Shu”t, Kuntress Acharon 5:72) is mesupak about this, and the Klausenberg Rebbe (Shu”t Divrei Yatziv O.C. vol. 2:243) holds that a Kattan (but not a Kattanah, leshittaso; as mentioned in a previous footnote, he holds that women do not make Havdalah in this case if and when breaking their fast) needs to make Havdalah prior to breaking his fast, and although the Shevet Halevi (Shu”t vol. 7:77, 6) originally defends the Maharil Diskin’s sevara, he later (Shu”t Shevet Halevi vol. 10:177, 4) writes that he was simply answering a question about the shittah, not paskening lemaaseh. Indeed, the majority of contemporary authorities rule that a Kattan does not make Havdalah before breaking his fast on a Sunday Tisha B’Av. See Orchos Rabbeinu (vol. 2, pg. 145; new edition, vol. 2, pg. 179:44), Shu”t Yeshuas Moshe (vol. 1:40), Shu”t Rivevos Efraim (vol. 3, beg. 271; citing Rav Yosef Shalom Elyashiv; on the other hand in the recent sefer Hanhagos Rabbeinu pg. 292:64, Rav Elyashiv is quoted as maintaining a Kattan should make Havdalah when he breaks his fast – due to chinuch), Shu”t Even Yisrael (vol. 8:25), Shu”t Mishnah Halachos (vol. 7:39, end s.v. v’hinei HaMe’iri), Shu”t Shraga HaMeir (vol. 1:59), Moadim U’Zmanim (vol. 7:255), Shemiras Shabbos Kehilchasa (vol. 2, Ch. 62:45), Halichos Shlomo (Moadim vol. 2, Ch. 16, Dvar Halacha 13), Halichos Even Yisrael (Moadim vol. 1, pg. 376:14-15; he adds that if a Kattan wants to make Havdalah before eating we should not stop him from doing so), Shu”t Nishmas Shabbos (vol. 2:607), and Rav Chaim Kanievsky’s sheilah in Kovetz Teshuvos vol. 1:57 (and not as quoted in Moadei HaGra”ch vol. 2, pg. 201–202:415-416; where it cites opposing shemuos in his name).

[65] Tur (O.C. 428:4) and Abudraham (Seder HaParshiyos s.v. eilu).

[66] Daniel (Ch. 1:5), as per Pri Megadim (E.A. O.C. 428:5). See also Hagahos Chochmas Shlomo (ad loc.) for a drush as to the importance, as well relevance, of this dictum to Rosh Hashana. As this brief formula is codified as actual halacha by the Tur and Shulchan Aruch, perhaps it shares similar status as the words “Mayim Acharonim Chova” (O.C. 181:1; based on Gemaros Chullin 105a-b and Gemara Eruvin 17b), which the Ben Ish Chai (Year 1, Parashas Shelach 7; quoting his esteemed father and grandfather) advises that when eating, one should say this three word formula, and that way fulfill the halacha of speaking Divrei Torah at a meal (see Pirkei Avos Ch. 3, Mishnah 3). See previous article “Mayim Acharonim, Chova?”at length.

[67] See Abudraham (ibid.), Magen Avraham (O.C. 425:5), Elyah Rabba (ad loc. 7), Aruch Hashulchan (ad loc. 4), Mishnah Berurah (ad loc. 8), and Kaf Hachaim (ad loc. 19). As an aside, this also helps explain why in the Sefer Hachinuch there is no listing for Parashas Vayeilech, but rather only Nitzavim, which includes only Mitzvos from Vayeilech. As in a “normal year” they are read together, and only when Rosh Hashana occurs on a Monday or Tuesday do they get “crumbled” up to be read separately, implies that technically speaking, Nitzavim and Vayeilech are in some ways considered one parashah.

[68] According to the main commentaries on the Tur and Shulchan Aruch, as well as Abudraham (ibid.), ‘Kumu,’ ‘stand,’ refers to Parashas Nitzavim, literally ‘standing.’ And ‘Tik’u,’ ‘blow’ refers to Rosh Hashana, when the Mitzvas Hayom is to blow the Shofar.

[69] Gemara Megillah (31b).

[70] Tosafos (Megillah 31b s.v. klalos), Abudraham (Seder HaParshiyos s.v. nishal), and Levush (O.C. 428:4). Other Rishonim cite this as well, including the Ran (Megillah 11a in the Rif’s pagination, s.v. uv’Atzeres), Rosh (ad loc. Ch. 4:10), Mordechai (ad loc. 831), and Hagahos Maimoniyus (Hilchos Tefilla, Ch. 13:1).

[71] See Shulchan Aruch and main commentaries (O.C. 428:4, as well as Levush and Aruch Hashulchan(ad loc.), Mishnah Berurah (ad loc. 8), and Kaf Hachaim (ad loc. 19).

[72] Remember the rule - “Lo AD”U (אד"ו)Rosh” – that Rosh Hashana cannot fall out on Sunday, Wednesday, or Friday. See Tur and Shulchan Aruch and main commentaries (O.C. 428:1), as well as Abudraham (Seder HaParshiyos, Simanei HaMoadim).

[73] See Rema (O.C. 581:1), citing the Sefer HaMinhagim (Tirna/Tyrnau; Elul Y’mei HaSelichos), Levush (ad loc. 1), Taz (ad loc. 2), Magen Avraham (ad loc. 3), Elyah Rabba (ad loc. 8), Matteh Efraim (ad loc. 11; and Elef Hamagen ad loc. 23), Aruch Hashulchan (ad loc. 2-3), and Mishnah Berurah (ad loc. 6).

[74] Thanks are due to Mr. David J. Wayntraub for pointing this out.

[75] Rema (O.C. 610:4). See also Matteh Efraim (610:9 and 11 and 619:8). Thanks are due to Joel Salzman for pointing out this calendar quirk.

[76]V’Anochi hasteir astir panei bayom hahu” (Devarim Ch. 31:18). Thanks are due to Rav Yitzchok Dovid Frankel for pointing this out.

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