Monday, August 8, 2011

Eating on erev Tisha B’av

The Mishnah (Ta'anit 4:7) records three opinions with regard to how a person is to act on erev Tisha B'av, the 8th of Av. One opinion, the anonymous tanna kamma, is that a person is not allowed to eat two (or more) cooked items, eat meat or drink wine. (Today this opinion is only relevant with regard to not having two cooked dishes since we stop eating meat and drinking wine from Rosh Chodesh.) Two, R. Shimon b. Gamaliel maintains that a person should reduce his regular intake of food, and three, Rebbi Yehuda says that a person must turn his bed over to sit on the floor. The Mishnah ends by noting that the Rabbis did not accept this latter opinion.

The three opinions of the Mishnah share the common idea that erev Tisha B'av is a day of mourning and a realization that people cannot be asked to fast two days in a row. The first opinion limits the food intake the most, but still people can eat. The second opinion, R. Shimon b. Gamaliel, believes that the limits of the first opinion are too much for people who are about to fast, and hence he says that people should just eat less. (Today we fulfill, unintentionally, his dictum by not eating meat on erev Tisha B'av.) The third opinion, Rebbi Yehuda could be stating either an additional requirement to the first two opinions or he could be arguing with the first two opinions. If he is arguing, then maybe his view is that on erev Tisha B'av there should be no limitations on eating, but instead to show that the day is one of mourning, a person should turn his bed over.

This idea that erev Tisha B'av is a day of mourning could be either to prepare for Tisha B'av that one does not make a barbecue/ party before the fast or maybe Chazal thought that the eighth day of Av was also a day that was worthy of mourning. The Talmud (Ta'anit 29A, also Tosefta Ta'anit 3:10) records that there is a contradiction as to when the first Bet ha-Mikdash was destroyed. Kings II 25:8,9 records that it was destroyed on the 7th of Av, but the book of Jeremiah 52:10 records that it was destroyed on the 10th of Av. The Talmud reconciles these opinions that on the seventh and the eighth the Babylonians entered the sanctuary, on the ninth the Bet ha-Mikdash began to burn and the destruction ended on the 10th. Thus maybe the mourning on the 8th is based on the period when the Babylonians entered the Bet ha-Mikdash, and then the mourning was slightly less than on Tisha B'av since the Bet ha-Mikdash did not begin to burn until the 9th of Av.

The Talmud (Ta'anit 30a,b) records that on erev Tisha B'av Rebbi Yehuda the son of Rebbi Elai (?) would sit between two types of ovens and only eat bread and water. This practice was more than required by the Mishnah, and certainly fulfilled the idea of the Mishnah that erev Tisha B'av was a day of mourning. However, the Talmud (30a) also records that Rav Yehuda stated that the first opinion in the Mishnah of not eating two cooked items on erev Tisha B'av only applies to the last meal of the day prior to the fast, the seudah hamafseket, and only if this last meal occurs after midday. (Is this the view in the Tosefta Ta'anit 3:11?) This is a big leniency and change from the Mishnah since according to this opinion, except for the last meal after midday, people can eat regularly on erev Tisha B'av, and the day loses is quasi-fast status.

We see that in the Talmud there were two approaches to eating on erev Tisha B'av. The first approach is that the day is a day of mourning almost similar to Tisha B'av and hence one eats just the simplest food possible, while the second approach allows one to eat regular food with no limits on the quantity except by the last meal.

The Rambam (12th century, Laws of Fasting 5:7-9) first writes that for the general population who cannot endure too much, i.e., who find it difficult to fast on Tisha B'av without eating regularly on erev Tisha B'av, the law is like Rav Yehuda in the Talmud, that the limitations of not eating two cooked foods only applies for the last meal prior to the fast which is consumed after midday. However, afterwards he writes that the more appropriate behavior is to follow the practice of Rebbi Yehuda the son of Rebbi Elai to just have bread and water. He concludes by saying that he himself never ate any cooked food on erev Tisha B'av unless it was on Shabbat. The Rambam views the two approaches in the Talmud as being complimentary depending on the type of person. (The Bach, Orah Chayyim 552, writes that the Rambam's practice is not the accepted custom and is not even praiseworthy!)

The Tur (14th century, Orah Chayyyim 552) writes that the law is like Rav Yehuda, and he discusses what is considered two cooked items. He writes that the custom in France was to mix many items together in one pot and this was called one cooked item, while in Germany this was not done. He adds that if it was customary to add items together when cooking all year long, then he thinks that this only counts as one item. He also quotes his father, Rabbenu Asher, that there are no limitations on items that are eaten raw, which means that one can eat raw fruit and vegetables at the seudah hamafseket. The Tur then adds that in Germany there was a custom to eat eggs, and this meant that they could not have any more cooked items in the seudah hamafseket.

It seems that in Germany in the end of the 13th century the seudah hamafseket consisted of bread, eggs, vegetables, fruits, cheese, and salted fish. However, in the end of the 14th century/ beginning of the 15th century there developed a custom to have two meals, a regular meal before minhah, and a simple meal, the official seudah hamafseket, after minhah. (The Rama, 16th century, 552:9, also in Darkei Moshe 552 quotes this from the Maharil, Germany, 1365-1427.) Most likely the reason for this development is that people wanted to eat a cooked meal before the fast, and hard boiled eggs were not enough.

The Arukh Hashulchan (1829-1908, 552:11 also see Mishnah Berurah, 552:22) writes that this custom of two meals is a haarama (trick). It seems that his custom was to eat just one meal, but he would eat also a dairy kugel not as a meal before the seudah hamafseket.

The trick is that the last meal is not really a meal but only eaten to allow a person to eat as much as they want in the second to last meal. If a person did not have the simple last meal, then the second to last meal would be the last meal before the fast and then one could not eat a regular meal before the fast. Yet, this trick is not a new development of the Rama or the Maharil but is from Rav Yehuda in the Talmud, who argued that the limitations of the first opinion of the Mishnah were only for the last meal eaten after midday. Furthermore, it is common to have haarama by rabbinic prohibitions, for example see Shulchan Orah, Orah Chayyim 334:16 and 335:5, and Mishnah Berurah 335:11, and people even sell their hametz, a trick to get out of the biblical requirement to destroy all of one's hametz.

The Rama (552:9) also adds that one can be stringent and not eat so much, and this person is called holy. The comment of the Rama is based on Rebbi Yehuda the son of Rebbi Elai, but it is not clear how stringent the "holy" person should be, i.e. how much food he/ she should limit himself/ herself and for how long on erev Tisha B'av is the person limiting his/ her intake of food. Most likely, from the context, the Rama is referring to the meal before minhah that instead of eating a lot, a person limits him or herself. In any event, this holy person is the exception, and today I believe that the overwhelming majority of Ashkenazim, if not all, eat a very full meal before the seudah hamafseket on erev Tisha B'av. Furthermore, as noted by the Chayyei Adam (1748-1820, 134:6), this full meal is eaten right before the start of Tisha B'av, which means that for almost the entire day there is no limitation on the quantity of food that can be consumed.

There was one other development by the seudah hamafseket. After his discussion of what is considered cooked food, the Tur records the opinion of Rebbi Yehuda the son of Rebbi Elai that if possible it is better for a person just to have only bread and water. Most likely, the Tur meant that all day the person should follow Rebbi Yehuda the son of Rebbi Elai, and this would be the Rambam's view. However, the Shulchan Arukh (252:6) interpreted the Tur's comment that "if possible one should just eat bread and drink water" only in reference to the seudah hamafseket. This ruling by the Shulchan Arukh changed the seudah hamafseket to just being a meal of bread and water. According to this ruling of the Shulchan Arukh, one should not even eat eggs at the seudah hamafseket, just bread and water. This was not accepted, as R. Shimon Eider (1978, p. 15), notes that the custom today is that seudah hamafseket consists of bread, cold hard-boiled eggs and water. The custom is also to dip the bread into ashes, see Rama 552:6.

We see that the law/ custom of eating on erev Tisha B'av has changed from limited eating according to the Mishnah and the ideal of the Rambam to eating with almost no limitations. Almost definitely this change was due to people's fear of fasting, and hence the practice was/is to allow people to eat without limitations for almost the entire erev Tisha B'av. The limitations on food consumption throughout the day in the Mishnah have become relegated to just the last meal of the day that is eaten after midday, and this last meal, the seudah hamafseket, has developed into a ritual meal of bread dipped in ashes, with hard boiled eggs and water to mark the impending onset of Tisha B'av.

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