The prohibition of doing laundry in the nine days

The Mishnah (Ta'anit 4:7) records that during the week of Tisha B'av, one does not cut one's hair or do laundry unless Tisha B'av is on Friday, and then one can cut one's hair and do laundry on Thursday. Most likely, the rationale for these prohibitions is that a person should not look festive, with a haircut and clean clothes. This was especially relevant in olden times, when doing laundry was much more infrequent than today, and hence wearing clean clothes was more impressive. (It cannot be that the prohibition of doing laundry is because of the labor involved in doing laundry since for most people not doing laundry is a vacation and this idea leaves the prohibition of not cutting one's hair unexplained.) With this understanding, it would be obvious that one could not wear new clothing, though this is not stated in the Mishnah, see Shulchan Arukh Orah Chayyim 551:6.

In the Talmud there were two developments to this Mishnah with regard to the prohibition of doing laundry. One, there is an argument as to whether a person can do laundry to wear the clothing after Tisha B'av, Rav Nachman says yes, while Rav Sheshet says no (Ta'anit 29b), and the halakhah is like Rav Sheshet, Shulchan Arukh, 551:3. Rashi explains that the basis for Rav Sheshet's opinion is that doing the laundry, which in those days was quite time consuming, would divert one's mind from the mourning for the Bet ha-Mikdash. It is not clear if this reason would be relevant today since washing clothing is much easier today with washing machines, but a different explanation for Rav Sheshet's opinion is that he was making a gezirah. The gezirah could be either that there was a fear that if a person washed clothing for after Tisha B'av, then by accident they might come to wear the clothing before Tisha B'av or that people would claim that they were washing clothing for after Tisha B'av when really they were washing clothing to wear before Tisha B'av.

A second development was that the Talmud (Ta'anit 29b) makes the unexpected claim that gihutz (a type of ironing) in Bavel is comparable to the washing of clothes in Israel. The idea seems to be that in Bavel they were not able to clean the clothes as well as in Israel, and then the prohibition on doing laundry in the week of Tisha Ba’av would only be if a person both washed and ironed (gihutz) the clothing, while there would be no prohibition of just washing clothing in Bavel since the person would not look so sharp because the clothing even if laundered were not that clean. With this logic, the question would be whether other places were like Bavel and washing clothing would be permitted in the week of Tisha B’av or like Israel and laundry would be forbidden. (In the Steinsaltz edition of the Talmud, they quote the Raavad as permitting laundry outside of the land of Israel.)

The Shulchan Arukh (551:3) first writes that our laundry is permitted, which is surprising since when he wrote the Shulchan Arukh he was living in Israel, but it seems that he was following the language of the Tur, who lived outside of Israel. However, afterwards he writes that the practice is not do laundry. Furthermore, he notes that several Rishonim argue that only in Bavel was washing clothing permitted but in other places it was forbidden, which means that washing clothing in the week of Tisha B'av  is forbidden not due to custom but to the rabbinic enactment of the Mishnah. Today with our machines and soap, laundered clothing is much cleaner than in Israel in the time of the Mishnah, and hence today the leniency of the Talmud with regard to Bavel should certainly not be applicable.

In the Middle Ages, there were several developments in the law/ custom. One, Tosafot (Ta'anit 30a, travayehu) quotes that Rashi ruled that one should not do laundry even on non-clothing items. This appears to be based on Rashi's explanation for Rav Sheshet's opinion that doing laundry diverts one from mourning, and then any laundry even one not related to making a person look good would be forbidden. The Shulchan Arukh (551:3) accepts this ruling, and also rules that a person should not change one's linen during the period (see R. Shimon Eider, 1978, p. 10).

One exception to this rule is that the Rama (551:14) rules that one can do laundry for little children's clothing. This latter ruling accords with the idea that the prohibition is to look good, and then this would not apply to little children, but if the problem is doing the laundry itself, as evident with the prohibition of washing linen, than any laundry, even children's laundry should have been forbidden. However, maybe it was considered too much to prohibit washing children's clothing since it is hard (impossible?) for little children to keep their clothing clean and in those days there was very little spare clothing.

One new stringency in the Middle Ages is that Ashkenazim began to keep this prohibition of not washing clothing from the beginning of the month of Av, as opposed to just the week of Tisha B'av, Rama 551:4. No reason is provided for this extension and it contradicts the principle of the Mishnah that Shabbat takes precedence over the mourning for the Bet ha-Mikdash and hence the prohibition in the Mishnah only began after Shabbat, see our discussion "The law/ custom of not cutting one's hair in the nine days and three weeks." This new stringency began after the 11th century since Tosafot (Ta'anit 30a, travayehu) rules that if Tisha B'av is on Thursday, then one can cut one's hair and wash clothes for Shabbat on Tisha B'av itself in the afternoon. Certainly, if one can wash clothings on Tisha B'av for Shabbat, then one can wash clothes for the Shabbat before Tisha B'av. Also in the 12th century, the Ravyah (Germany, 1140-1225, siman 881) writes that the custom was not to do laundry during the week of Tisha B'av, though he writes that one should not mend clothes from the beginning of the month. (With regard to Sefardim, R. Chayyim David haLevi in his Kitzsor Shulchan Arukh, 1975, p. 239 writes that Sefardim only keep the prohibition from the week of Tisha B'av, but in his longer work Mekor Chayyim, vol. 4 p. 184 he writes that Sefardim follow the Ashkenazim and stop doing laundry from the beginning of the month.)

This question which takes precedence, the mourning for the Bet ha-Mikdash or Shabbat, also arises as to whether one is to wear Shabbat clothing on the Shabbat preceding Tisha B'av, Shabbat Chazon. The Rama (551:1) writes that one is not to switch to Shabbat clothing on Shabbat Chazon, which shows that he gives precedence to the mourning over Shabbat, and this ruling accords with his comment that the prohibition of doing laundry begins from Rosh Chodesh. The Mishnah Berurah (1907, 551:6) notes that in Vilna the practice was to follow the Gra (1720-1797) who ruled that one wears Shabbat clothing on Shabbat Chazon and this was also the ruling of the Rav Yaakov Emden (1697-1776). The Arukh Hashulchan (1829-1908, Russia, 551:11) notes that in his time people wear Shabbat clothing on Shabbat Chazon, and he is upset that people are not following the "old" custom to wear regular clothes on Shabbat. However, what he calls the old custom was really the newer custom that only began in the late Middle Ages, and really the initial custom prior to the Middle Ages was to wear Shabbat clothing on Shabbat Chazon.

My impression is that today everybody wears Shabbat clothing on Shabbat Chazon, which means that they give Shabbat more priority than the mourning for Tisha B'av. Similarly, people eat meat on Shabbat during the nine days. However, if a person does not shave or bath on Friday for Shabbat, then the person is giving precedence to the mourning of Tisha B’av over Shabbat, which is a contradiction.

One recent development with regard to the prohibition of not wearing freshly laundered clothing is that people prepare for the nine days, by wearing freshly laundered clothing a few minutes prior to Rosh Chodesh, and then they wear these clothing, which are almost completely freshly laundered, during the nine days. (I am not sure when this idea developed but it must be relatively recently since only in the 19th/ 20th century did people have more than a few items of clothing that they were able to wear clean clothing every day.)

With regard to this trick, there has developed a difference between Sefardim and Ashkenazim. R. Ovadiah Yosef (Yalkut Yosef, vol. 5, p. 563, also see R. Chayyim David HaLevi, 1975, p.239) writes that one prepares the clothing by wearing them for a half hour, and one needs to do this even for socks and undershirts. However, R. Shimon Eider (1978, p. 9) writes that one only needs to do this trick for outer garments, but for inner garments, such as socks and undergarments, he quotes that R. Moshe Feinstein stated that one could wear them freshly laundered. This ruling accords with the original idea of the Mishnah, that the prohibition of not doing laundry was in order that a person will not look good, and nobody sees the undergarments. Furthermore, R. Shimon Eider also quotes R. Moshe Feinstein that if a person prepared a garment to wear, and inexplicably it got dirty, then if a person must wear a clean garment (for work) then one can wear a freshly laundered garment. Rabbi Ari Enkin (2009, p. 64) quotes from the Minchat Yitzhak (10:44) another trick, that if a person did not prepare clothing beforehand, then one can put the freshly laundered clothing on the floor for some time, and then wear the clothing. 

We see that the law of not doing laundry the week of Tisha B'av from the Mishnah had several stages of development. In the Talmudic period, there was both a leniency that the law was not applicable to Bavel, and a stringency that it was even forbidden to do laundry to wear the clothing after Tisha B'av. In the Middle Ages, the tendency was to be stringent as the prohibition was extended even to laundering non-clothing items, and for Ashkenazim the prohibition was extended to the beginning of the month of Av. Finally, recently the propensity is to be lenient both by wearing Shabbat clothing on Shabbat and by preparing clothing prior to the period when doing laundry is forbidden.

Bibliography:

Eider, Shimon, (d. 2007) 1978, A summary of halachos of the three weeks, Lakewood, NJ.

Enkin, Ari, 2009, Amot shel Halacha, Jerusalem: Urim Publications.

Bathing and swimming in the nine days

The Talmud (Pesachim 54b) quotes R. Eleazar that a man is forbidden to dip his finger in water on Tisha B'av, and based on this statement the Tur (1275-1340, Orah Chayyim 554) rules that one cannot bath on Tisha B'av. The Shulchan Arukh (1488-1575, 554:7) follows the Tur, though he allows (554:9,10,14) one to wash to remove dirt, to do netilat yadim in the morning of Tisha B'av, and to wash one's feet if they are sore from travelling.

The Talmud (Ta'anit 30a) also has a discussion about whether it is permissible to bath on erev Tisha B'av after the seudat ha-mafseket, the final meal before the fast. The Rosh (1250-1327, end of paragraph 38) rules that it is permissible to wash one's self after the seudat ha-mafseket. The Meiri (1249-1306) notes that this passage in the Talmud is not recorded by the Rif and that there are people who permit bathing after the meal, but he thinks that is should be forbidden. The Tur (553) quotes the Ramban (1194-1270) who also thinks that it should be forbidden, but he rejects this approach based on his father's (the Rosh's) opinion that it is permitted. The Shulchan Arukh makes no mention of any prohibition and the Rama (16th century, 553:1) rules that it is permitted to wash one's self until sunset.

Accordingly, it would seem from the Talmud that it is permitted to bath during the nine days since it was only forbidden on Tisha B'av and possibly for some short time on erev Tisha B'av. However, in the period of the Geonim (9th, 10th centuries) restrictions on bathing began, and according to Gartner (1983, 1985) this development was due to the influence of the group called the Mourners of Zion who were almost definitely Karaites. The custom from the Geonim of not bathing prior to Tisha B'av developed differently in the Middle Ages between the Sefardim and Ashkenazim.

Rambam (Laws of Fasts 5:6) records that it was the accepted custom not go to a bathhouse during the week of Tisha B'av. Question is whether this custom meant not to bath at all since the bathhouse was the only place where people could bath or was bathing in a bathhouse considered a social event, but bathing in a river by one’s self would be permitted. And/ or was the bathhouse considered a problem since it is bathing in hot water, but there would be no problem with bathing in cold water?

The Maggid Mishnah (Spain, 14th century, comments on the Rambam) writes that while in his time people did not go to the bathhouse the week of Tisha B’av, still the law is that one is permitted to bath even on erev Tisha B'av. The Shulchan Arukh (551:16) does not give a definitive ruling as he writes that some people do no bath starting from Rosh Chodesh, and some do not bath only in the week of Tisha B’av. He leaves the possibility that permitted to bath the entire nine days following the Maggid Mishnah. R. Ovadiah Yosef (1920-2013, Yehaveh Da'at, vol. 1, p.109) writes that the only restriction for Sefardim is to bath with hot water during the week of Tisha B'av, but it is permitted to bath in cold water or to go swimming during the week of Tisha B'av.

On the other hand, in medieval Europe, R. Klonimos of Rome (d. 1096 in Worms, Germany, quoted in Gartner, 1985, pp.207-208) wrote that in Ashkenaz the custom was not to bath from the beginning of the month of Av. Similarly, the Tur (551) quotes from the Ravyah (Germany, 1140-1225) that the custom was not to bath from Rosh Chodesh Av, but he did not state whether the custom was just with regard to hot water or also for cold water. In the 15th century, R. Yisrael Isserlin (Terumat ha-Deshen, 1390-1460, Germany, quoted in Bet Yosef, Orah Chayyim, 551, Ketav Avi ha-Ezri) wrote that the language of the Or Zarua (Austria 13th century) and the Mordechai (Germany, 13th century) implied that one was not to bath even in cold water, though he remembered seeing people swimming in the rivers and nobody protested, and he concluded that one who is strict in this matter should be blessed.

This concluding statement by the R. Isserlin that it is preferable not to bath even in cold water became the standard practice of Ashkenazim for the next 400-500 (600?) years. The Rama (16th century, Darkei Moshe, 551) notes that the Ran (Spain, 1290-1375) writes that it is permitted to bath, but that the practice (of Ashkenazim) is that it is forbidden to bath. Similarly, in his comments on the Shulchan Arukh, the Rama (Orah Chayyim 551:16) writes that the custom (of Ashkenazim) was not to bath even in cold water, and that it is forbidden on erev Shabbat to bath except for one's face, head and feet in cold water, though he notes that some permit washing one's head with hot water if one is accustomed to do so.

Accordingly, the Sefardi and Ashkenazi customs with regard to bathing prior to Tisha B'av differ not only with regard to the time period of the restrictions, the nine days (Ashkenazi) as opposed to the week of Tisha B'av (Sefardi), but also with regard to the basic nature of the custom that the present Sefardi custom only precludes bathing in hot water, while the Ashkenazi custom was not to allow bathing even in cold water. The difference in the time of the custom is part of the general difference between Ashkenazim and Sefardim with regard to the prohibitions leading up to Tisha B'av, but why should there be a difference with regard to hot and cold water? Maybe this difference was due to different climates that since the Sefardim lived in more southern and hotter climates than Ashkenazim this made not bathing at all much more problematic in the hot summer. 

Another possibility is that the acceptance by the Ashkenazim not to bath even in cold water was influenced by the cultural norms in Europe. In the end of the Middle Ages, there developed a general custom of not bathing in Western Europe due to a fear of diseases from the water. The Economist (The joy of dirt, 12/19/2009, Vol. 393 Issue 8662, p139-141) writes:
Paradoxically, it was fear of disease, including syphilis and the Black Death, that put water out of favour… By 1538, François I had closed the French bath houses. Henry VIII shut the "stews" of Southwark in 1546. Thus began an era when rich folk and poor rubbed along with dirt just fine. Even private baths were judged suspect. According to meticulous notes kept by Jean Héroard, the French court physician, the young Louis XIII, born in 1601, was not given a bath until he was almost seven…Indeed, bathing, certainly in hot water, was considered a veritable health risk. France's Henri IV was famously filthy, "stinking of sweat, stables, feet and garlic". Upon learning that the Duc de Sully had taken a bath, the king turned to his own physician, André du Laurens, for advice. The king was told that the poor man would be vulnerable for days. So a message was dispatched in forming Sully that he was not to go out, or he would endanger his health. Instead, he was told, the king would visit his Paris home: "so that you come to no harm as a result of your recent bath." In England, Elizabeth I bathed only once a month and James I, her successor, seems to have washed only his fingers. The myth of the danger of water was long-lived, and its demolition during the 18th and 19th centuries protracted. Louis XIV had sumptuous bathrooms built at Versailles but not, explains Mathieu da Vinha in "Le Versailles de Louis XIV", in order to clean the body. Valets rather rubbed his hands and face with alcohol, and he took therapeutic baths only irregularly. During the 19th century, germ theory combined with foreign trade, colonial administration and travel spread all manner of new ideas: hammams from Turkey and north Africa, "champu" (shampoo) from India, or bidets and olive-oil-based savon de Marseille from France. Water, and hygiene, were trickling back, and dirt was the new pest.

A "Jewish" proof of this practice not to bath is from the comments of the Magen Avraham (Poland, 1637-1683, 551:40) who writes that one should not treat this custom of not bathing in the nine days lightly since we are not regular bathers.

In the last two hundred years, even amongst Ashkenazi Jewry the practice has become to be lenient with regard to bathing, and this change accords with the change in western society's outlook on bathing. The Chayyei Adam (R. Avraham Danziger, 1748-1820, 133:19) writes that he thinks that a person who is accustomed to washing one's face, hands and feet with hot water every erev Shabbat can also do so on erev Shabbat in the nine days (Shabbat Hazon). This was a new development since the Rama had only permitted using hot water for washing one's head. Approximately 100 years later, the Arukh Hashulchan (Byelorussia, 1829-1908, 551:36,37) decried that people in his time were bathing in hot water (apparently their entire body) on erev Shabbat, but then he wrote that anybody who was dirty was allowed to bath even in hot water. Approximately 80 years later, R. Moshe Feinstein (US, 1895-1986) and Rav Yosef Henkin (US, 1880-1973, ordained by the Arukh Hashulchan) ruled that today one can bath with hot water on erev Shabbat since today we bath more frequently (quoted by R. Shimon Eider, 1978, p.13).

In addition, authorities have permitted bathing even when it is not erev Shabbat. For example, R. Chayyim David ha-Levi (Israel, Kitzsur Makor Chayyim, 96:21) permits workers who do physical work to bath. Similarly, R. Shimon Eider (p. 12) writes that, "if one is dirty or perspired, he may wash or bath to remove the dirt of perspiration." He also quotes R. Moshe Feinstein that one can swim for a short time to remove dirt and perspiration.  Similarly, R. Hershel Schachter (America, 1994, p. 198) quotes from Rav Soloveitchik that since today mourners for parents, bath in the 30 day period of mourning, then a person can bath during the nine days. 

This leniency to bath to be clean marks a new development since previously the only exemptions from the prohibition had been if one had to go to the mikvah since this is a religious obligation. However, there was no permission to bath to remove dirt and most likely that would have been considered bathing for pleasure. However, today because people bath more frequently, regular bathing is no longer considered as bathing for pleasure. 

If the custom not to bath is annulled, then this would be similar to another custom that the Shulchan Arukh records in conjunction with his mention of the custom of not bathing. In 551:16, the Shulchan Arukh writes that some people fast (during the day) for three weeks from the 17th of Tammuz until Tisha B’av. To the best of my knowledge, nobody today fasts for three weeks, even though it was once a common practice (see Rama on 562:2 and Mishnah Berurah on 562:14), and then just as this custom of fasting for three weeks has lapsed, so too the custom of not bathing in the nine days can also be annulled.

The question remains with regard to swimming that is not to become clean. My impression (2026) is that most modern Orthodox and dati leumi do not swim in the nine days. Yet, if people bath, then swimming should also be permitted. I have been told that swimming is different since it is dangerous, but if it is really dangerous, as when swimming in the ocean (?), then it should be forbidden all year round. Or, is there some belief that in the nine days, somehow dangers increase? If this is believed, then any activity such as driving, which has some danger, should be forbidden. A better differentiation between swimming and bathing is that today bathing is something that cannot be postponed, while swimming can be postponed. (Maybe can also say that swimming is many times a social experience, “hanging out at the pool,” and the goal is to reduce happiness in this period, though this claim opens many questions about many activities.) This differentiation raises the question of whether swimming that is for exercise should be allowed, as certainly if for medical reasons, it is permitted. I was asked this question, and answered that while technically, following the Maggid Mishnah, is it permitted, but to keep the custom that has developed, it is preferable in the week of Tisha B’av to skip swimming that is for exercise. Note, I think I am influenced by the practice in Camp Morasha, which I went to as a child, not to have free swim during the entire nine days, but to have instructional swim when it was not the week of Tisha B’av.

 

Bibliography:

Eider, Shimon, (d. 2007) 1978, A summary of halachos of the three weeks, Lakewood, NJ.

Gartner, Yaakov, 1983, The Influence of the Mourners of Zion on Tisha B’av customs in the Geonic period, Bar Ilan University Annual, 20,21, pp. 128-144.

-----, 1985, Mourners of Zion consciousness as a factor in the development of Tisha B’av customs,  Milet, pp. 201-24.

Halevi, Chayyim David (1924-1998), 975, Kitzur Shulchan Arukh, Mekor Chayyim, Tel Aviv.

Schachter, Hershel, 1994, Nefesh Harav, New York: Flatbush Beth Hamedrosh.

The tenth of Av

When do the prohibitions relating to the mourning for the destruction of the Bet ha-Mikdash end?

The Mishnah (Ta'anit 4:7) records that during the week of Tisha B'av, one is forbidden to wash one's clothing or to cut one's hair, but one is permitted to do these actions on Thursday out of respect for Shabbat. This implies that the restrictions are no longer in effect on either the eighth of Av when Tisha B'av is on a Friday, which cannot occur now according to our calendar, or on the tenth of Av, when Tisha B’av is on the other days of the week.

The Talmud (Ta'anit 29b) quotes three opinions as to when the restrictions of mourning for Tisha B’av applied. One, R. Yehuda maintains that one is not to cut one's hair or wash clothing the entire month of Av, and also Rav Papa states that the prohibition of going to court with a non-Jew applies for the whole month of Av. Two, R. Meir maintains that the prohibition are from Rosh Chodesh Av until (including) Tisha B'av, and three, R. Shimon ben Gamliel states the prohibitions are for the week of Tisha B'av, which appears to be the same view as the Mishnah. The Talmud (Ta'anit 30a) quotes Rava that we follow R. Meir and R. Shimon ben Gamliel to be lenient, which means the prohibitions only begin during the week of Tisha B'av and they end immediately after the fast. The principle seems to be that the mourning of Tisha B'av is secondary to Shabbat, and hence there is no mourning that extends into Shabbat.

The Rambam (Laws of fasting, 5:6) and the Shulchan Arukh (Orah Chayyim, 551:3,4) follow Rava, and rule that the prohibitions of washing clothes and cutting hair is from Sunday of the week of Tisha B'av until the end of Tisha B'av. The Rambam makes no reference to the 10th of Av, and it seems that for him that it was just a regular day. However, another tradition developed amongst Ashkenazim.

The view that the 10th day of Av is a day of mourning is most strongly expressed in the Yerushalmi (Ta'anit 4:6), which records that R. Yehoshua b. Levi and R. Avin fasted on both the 9th and the 10th of Av, and that R. Levi fasted on the 9th and the night of the 10th of Av. Furthermore, the Yerushalmi (also in Bavli, Megillah 5b) quotes that Rebbi (the first Yehuda ha-Nasi or his grandson?) wanted to uproot Tisha B'av. Tosafot (Megillah 5b, u-bikesh ka-pakor) is bothered by such a thought, and they suggest that either Rebbi wanted to remove some of the prohibitions of Tisha B'av or he wanted to move the fast day to the 10th of Av instead of the 9th of Av. Tosafot brings a proof for this latter possibility since the Talmud (Bavli, Ta'anit 29a) quotes R. Yochanon (I believe the Amora, 180-279, Galilee, and not R. Yochanon ben Zakkai) that had he been alive in the generation that established the fast day of Tisha B'av he would have picked the tenth instead of the ninth. One interesting common denominator of the opinions that desire to commemorate the 10th of Av is that they all come from people in Israel and not Bavel.

What is the significance of the 10th of Av? With regard to the first Bet ha-Mikdash, 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 (Ta’anit 29a) reconciles these opinions that on the seventh the Babylonians entered the sanctuary, began destroying the Bet ha-Mikdash and the destruction ended on the 10th. Thus, it appears that the observance of the 10th of Av as a fast day is due to the fact that the Bet ha-Mikdash was also destroyed on the 10th. Yet, if the basis for observing the 10th day as a day of mourning for the Bet ha-Mikdash is from the destruction of the first Bet ha-Mikdash, then one would not have expected different customs from people in Israel than in Bavel.

Maybe instead it was the destruction of the second Bet ha-Mikdash that prompted the view that the 10th of Av should also be a day of mourning for the destruction of the Bet ha-Mikdash. The Talmud (Bavli, Ta'anit 29a) asks how do we know that the second Bet ha-Mikdash was destroyed on the 9th of Av and it answers that this was an appropriate day since the 9th of Av is an ill-fated day. This is a non-definitive answer. A different source is that Josephus (The Jewish War, 6, 4, 5) writes that the second Bet ha-Mikdash was destroyed on the 10th of Av. Could it be that there was a tradition in Israel that believed that really the second Bet ha-Mikdash was destroyed on the 10th of Av and this was the reason for viewing the day as a day of mourning? It is interesting that Encyclopedia Judaica (1971, 10:147) writes with regard to R. Yochanon that he transmitted much historical information from the period of the second Bet ha-Mikdash including "many traditions concerning the destruction of the second Bet ha-Mikdash."

The opinions of the Yerushalmi that view the 10th of Av as a day of mourning continued in the Middle Ages in Ashkenazi Jewry. The Maharil (1365-1427, Germany, quoted in the Bet Yosef Orah Chayyim 558) writes that when Tisha B'av is moved from Shabbat to Sunday, then those who fast two days, the 9th and the 10th of Av, do not have to fast on the 11th of Av (Monday), but they should not eat meat or drink wine on Sunday night, the night following Tisha B'av. We see that some people fasted two days as recorded in the Yerushalmi, and this is not so surprising due to the close connection between the customs of Israel of the first millennium to Medieval Ashkenazi Jewry. To the best of my knowledge this custom is no longer adhered to, but at least until the 17th century there is evidence that some people maintained the custom because the Magen Avraham (1637-1683, 558:2) quotes the Shelah (1565-1630) that those people who fast on the 10th of Av should read Eichah!

The second stage of the development of the custom of mourning on the 10th day of Av is from the Tur (1275-1340, Germany and Spain, Orah Chayyim 558). The Tur writes that we are too weak to fast for two consecutive days, but in order to have some measure of affliction on the 10th of Av, one should abstain from eating meat and drinking wine on the 10th of Av. The Shulchan Arukh (1488, Spain – 1575, Safet, 558:1) accepted the opinion of the Tur, which he calls a correct custom. The Rama (1525 or 1530-1572) also follows the Tur, but he writes that the restriction on eating meat and drinking wine is only until midday of the 10th, unless Tisha B'av is pushed off to the 10th and then one should just not eat meat or drink wine on the night following Tisha B'av. This ruling lessens the prohibition as recorded by the Tur and the Shulchan Arukh since it reduces the time that the prohibition is applicable. The Taz (1586-1667, 558:1) writes that this custom (not eating meat until midday or not eating meat at night?) had just been accepted forty years ago prior to when he wrote his comments, but before that people ate meat on the night following Tisha B'av. Thus, it appears that until the 17th century, the accepted practice was that people washed their clothes, cut their hairs and ate meat immediately after the fast, but a few people did not eat meat on the 10th of Av.

The final and third stage with regard to the development of the 10th day as a day of mourning is that R. Solomon Luria (1510-1574) ruled that the restrictions of not bathing, cutting one's hair or washing clothes extended to the tenth of Av just like custom of not eating meat. The Taz (above) notes that book of Minhagim (R. Isaac Tirna (?), 15th century) ruled that the restrictions were not applicable to the 10th of Av. Also, the Mishnah Brurah (1838-1933) in his commentary Biur Halacha (558) writes that it seems to him that these restrictions should not apply to the 10th of Av, but since they have already been accepted, he does not want to rule against other authorities who accepted these restrictions. Thus, the restrictions against cutting one's hair and washing one's clothes on the 10th of Av were accepted by the Ashkenazim, see Aruch Hashulchan (1829-1908, 558:2) and Mishnah Brurah (558:3). With regard to Sefardim, R. Chayyim David Ha-Levi ( 1924-1998, Kitzur Shulchan Arukh 98:6) writes that some people do not eat meat all day on the tenth, some do not eat until midday and some eat immediately after the fast, but he makes no mention of any prohibitions of not cutting one's hair or washing one's clothes on the tenth of Av.

When Tisha B'av is on Thursday, the Magen Avraham (558:1) writes that it is obvious that one can wash clothes and have haircuts on the tenth out of respect for Shabbat. The question is does the Magen Avraham refer to Friday morning or to Thursday night after the fast? Tosafot (Ta'anit 30a, Travayhu) writes that when Tisha B'av is on Thursday, it is permitted to wash clothing and have haircuts after midday on Tisha B'av, and a person should not wait until Friday since one needs to prepare for Shabbat. This Tosafot is quite surprising, but it just follows the rule of the Mishnah and the Talmud that Shabbat takes precedence over Tisha B'av. While I am unaware of anybody today who relies on this Tosafot with regard to Tisha B'av itself, but from Tosafot we see that immediately after the fast one can wash clothing and have haircuts when Tisha B'av is on Thursday, see R. Shimon Eider, 1978, p. 32. However, one would not be permitted to eat meat on the tenth of Av since that it not needed for the preparations for Shabbat.

In conclusion, we see that initially the people who mourned on the 10th of Av viewed it as a continuation of the mourning for Tisha B'av, but then the mourning on the day changed from being comparable to Tisha B'av to being comparable to the days prior to Tisha B'av, where one cannot eat meat, nor drink wine, nor wash clothes, etc. This means that nowadays the mourning on the 10th of Av is anticlimactic after the fasting on Tisha B'av.

Bibliography:

Eider, Shimon, (d. 2007) 1978, A summary of halachos of the three weeks, Lakewood, NJ.

The law/ custom of not cutting one's hair in the nine days and three weeks

The Mishnah, Ta’anit 4:6 records that when the month of Av begins one is to reduce one’s happiness. The Mishnah does not specify what this entails, but the Talmud (Ta’anit 29B, Yevamot 43A) records that one should not go to court with a non-Jew in this period, one should reduce one’s business dealings, building, and planting, and one does not get married. (Are all these restrictions due to mourning for the Bet ha-Mikdash or due to the fear that the period is one of bad luck so all these enterprises will be unsuccessful?)

The Mishnah, Ta’anit 4:7, continues and writes that one is not to cut one’s hair or do laundry during the week when Tisha B’av occurs, but if Tisha B’av falls on Friday, then one can cut one’s hair and do laundry on Thursday, erev Tisha B'av, out of respect for Shabbat. (With our present day calendar, Tisha B’av cannot be on Friday, but in the time of the Mishnah, the calendar was based on witnesses, and then it was possible that Tisha B’av could be on Friday.)

This Mishnah is surprising since once the previous Mishnah stated that one reduces one’s level of happiness from the beginning of the month, why does the second Mishnah state that the prohibition to cut one’s hair and do laundry is only for the week of Tisha B’av and not from the beginning of the month? Also, if the prohibition of cutting the hair and doing laundry is for the week of Tisha B’av why does the Mishnah allow one to cut their hair and due laundry on erev Tisha B’av when Tisha B’av is on a Friday?

The laws of the Mishnah relate to two conflicting goals. One, a person is supposed to mourn in the period leading up to Tisha B’av, and two, a person is supposed to prepare for Shabbat. These goals conflict when Tisha B’av is on Friday since if the person does not cut his/ her hair or do laundry during the week, then the person will be in mourning for Tisha B’av, but will not be prepared for Shabbat. On the other hand, if a person cuts his/ her hair and does laundry on Thursday, then the person is not entering Tisha B’av in a state of mourning, but will be prepared for Shabbat. When the Mishnah rules that one can cut one’s hair and do laundry on Thursday, then the Mishnah is stating that the preparations for Shabbat take precedence over the mourning in the period leading up to Tisha B’av. This rationale explains why the prohibition to cut one’s hair and do laundry only began during the week of Tisha B’av and not from the beginning of the month since when one starts the prohibitions on the week of Tisha B’av, Sunday, one has not infringed on Shabbat. Furthermore, the idea of reducing one's level of happiness from the beginning of the month of Av and all the prohibitions listed in the Talmud that start from the beginning of the month do not infringe on the celebration of Shabbat.

The Talmud (Ta’anit 29B) quotes a Baraita that if one forgot to do one’s laundry (and apparently cut one’s hair) on Thursday when Tisha B’av falls on Friday, then one can do the laundry on Tisha B’av itself in the afternoon in order to prepare for Shabbat. (However, Abaye criticizes a person who does the laundry on Tisha B’av since he should have done it beforehand.) This Baraita extends the principle of the Mishnah with regard to the importance of Shabbat since according to the Baraita it is more important to prepare for Shabbat then to mourn for Tisha B’av, even on Tisha B’av itself! Similarly, the Talmud continues and states that if Tisha B’av falls out on Sunday, then one eats regular Shabbat meals, even though the rule of the Mishnah (Ta’anit 4:6) is that on erev Tisha B’av one limits one’s consumption. Again, the principle is that Shabbat takes precedence over the mourning for Tisha B’av.

The Talmud then quotes an argument that appears to contradict the ruling that Shabbat is more important than Tisha B’av. The Talmud quotes R. Meir that the prohibition of doing laundry and cutting one’s hair is from the beginning of the month until the fast, Rabban Shimon b. Gamaliel that the prohibition is only the week of Tisha B’av and R. Yehuda that the prohibition is for the entire month. The opinions of R. Meir and R. Yehuda imply that the prohibitions of mourning would infringe on Shabbat, but the Talmud concludes that the law is that the prohibitions are only during the week of Tisha B’av and only until Tisha B’av. Thus, the Talmud upholds the principle that Shabbat is more important that Tisha B’av. 

Another example of this rule that Shabbat takes precedence over Tisha B'av is the Yerushalmi (4:6) quotes that Rebbi ba bar Cohen said before R. Yosi, Rebi Aha in the name of R. Abahu, that when Tisha B'av falls of Shabbat, which means the fast is on Sunday, there is no mourning the week of Tisha B'av and the week afterwards. Thus, celebrating Shabbat removes all of the mourning leading up to Tisha B'av. 

 
The most astonishing support for the principle that Shabbat takes precedence over Tisha B’av is from Tosafot (Ta’anit, 30A, traveihu) who writes that even when Tisha B’av was on Thursday, it is permitted to cut one’s hair and do a laundry on Tisha B’av afternoon since there would not be enough time on Friday to prepare for Shabbat. Rabbi Aharon Lichtenstein (www.vbm-torah.org/shavuot/20shavin.htm, Daf Kesher #133, vol. 2, pp. 54-56, Yom Yerushalayim 5748) notes that, "Although the Beit Yosef (551, also see comments of the Bach) was astounded by this radical opinion and therefore ascribed it to a mistaken student, the fact that the same comment appears in Tosafot ha-Rosh makes his doubts implausible." Also, Tosafot is just following the rule of the Mishnah that Shabbat has precedence over Tisha B'av. While today Tosafot’s ruling is not applicable since with modern appliance there is enough time on Friday to do a laundry and cut one’s hair, the principle that Shabbat takes precedence over the mourning of Tisha B’av should still apply. Thus, if according to Tosafot, one can cut one’s hair on Tisha B’av for Shabbat, then certainly one is supposed to cut one’s hair (shave) in preparation for Shabbat in the weeks leading up to Tisha B’av.

We see that the practice of French Jewry as of the 11th century was that the prohibition of cutting one’s hair was only for the week of Tisha B’av. Apparently, this remained the practice of all of Jewry up to the 13th or 14th century since the Tur (1275-1340, b. Germany, d. Spain, 551), writes that the prohibition of cutting one’s hair was just the week of Tisha B’av. However, the Tur does add one extra point from the Ramban (1194-1270), that the prohibition to cut one’s hair during the week of Tisha B’av includes facial hair, i.e., shaving.

The Tur also discusses what to do if Tisha B’av falls out on Sunday. He first writes that even if Tisha B'av was really on Shabbat, the prohibitions of cutting one’s hair and doing laundry do not apply since there is no week of Tisha B’av. This is the opinion mentioned above in the Yerushalmi and quoted by the Rosh (the Tur's father, in Ta'anit, 29b, column one 34b) and the Ran (Ta'anit, pages of the Rif 9b). The Tur continues and quotes the Sefer Mitzvot Hagadol (Semag, R. Moshe of Coucy, northern France, 1247) who argued that when the fast of Tisha B'av is pushed off from Shabbat to Sunday, then one should keep the prohibitions of not cutting one's hair and doing laundry in the week prior to Tisha B’av. This might be the first authority who rules that these prohibitions exist before the week of Tisha B'av, and that the mourning for the destruction of the Bet ha-Mikdash supersedes the celebration of Shabbat. The Tur continues and quotes the Sefer Mitzvot Katan (Semak, R. Yitzhak Corbeil, France, 1277) who argued that even according to the Sefer Mitzvot Hagadol, one must be able to cut one’s hair and do laundry on Thursday and Friday when Tisha B’av is on Sunday since the Mishnah (Ta'anit 4:7) allowed cutting hair and doing laundry when Tisha B’av was on Friday. He also wrote that even keeping mourning for the beginning of the week was a redundant astringency.

 
The Haghot Maimonides (13th century, Germany, on Rambam Mishnah Torah, Laws of Fasts 5:6, comment 5) quotes in the name of Rokeach a compromise between the Semag’s and the Semak’s view that the practice of the rabbis of Germany when Tisha B'av was pushed off to Sunday was to mourn on Sunday through Wednesday but not on Thursday and Friday. Again, from the Sefer Mitzvot Katan and the Rokeach, we see the principle that preparing for Shabbat takes precedence over the mourning leading up to Tisha B’av.

A little bit after the Semag we read of a similar practice from the Sefer Hamichtam (on Ta’anit, Laws of Tisha B’av, R. David ben Levi, Provence, latter half of the 13th century). The Sefer Hamichtam records that when Tisha B’av is on Sunday, according to the law it is permitted to cut one’s hair in the preceding week, but the custom of the elders of Narbonne was not to cut one’s hair in order that one would enter Tisha B’av "disgusting," and the elders criticized a person who wanted to cut his hair. (R. Ovadiah Yosef, Yalkut Yosef, vol. 5, p. 564, follows this opinion.) Was this practice the source for the Semag’s view or was the practice in southern France influenced by the Semag or did the two views develop independently? 

In two interesting articles, Yaakov Gartner (1983 and 1985) argues that the movement called Mourners of Zion led to new customs and expansions of old customs of mourning relating to Tisha B’av from what is recorded in the Talmud. This group mourned all year for the destruction of the Bet ha-Mikdash by wearing sack cloths, wailing, and not drinking wine or eating meat. Gartner claims that this latter custom led to a custom amongst non-Mourners of Zion in the Geonic period not to eat meat or drink wine for the entire three week period from the 17th of Tammuz to Tisha B’av (see Shulchan Arukh, 551:9). This group developed in the ninth century, their base was in Jerusalem, they were messianic, and they were almost definitely Karaites. Gartner argues that the influence of the Mourners of Zion spread, first to the Rabbinate community in Israel, and then in the Middle Ages to Italy, Germany and France, and this influence can explain the extension of the prohibition to cut one’s hair in the period leading up to Tisha B’av.

 

We are now able to answer our question, how is that the elders of Narbonne could claim that a person should not cut one’s hair in the week preceding Tisha B’av when Tisha B’av was on Sunday when this contradicted the rule of the Mishnah that Shabbat takes precedence over the mourning for Tisha B’av? The answer is that most likely the elder of Narbonne were knowingly or unknowingly influenced by the Karaite Mourners of Zion, for whom the Mishnah was not authoritative, and hence they gave precedence to the mourning on Tisha B’av over preparing for Shabbat.

Gartner (1985, p. 216) notes that the Mourners of Zion saw no reason not to mourn fully on Shabbat. This accords with the Karaite understanding of Shabbat since they believe that one could not have any fire on Shabbat, which meant that for them Shabbat was cold, dark and miserable, see our discussion, "Lighting candles before Shabbat." Finally, the idea of looking disgusting accords with the practice of the Mourners of Zion to wear sack clothes all year round.

Interestingly, another custom of mourning in this period comes from Narbonne. Sperber (1995, p. 44) writes that the custom of not getting married during the three weeks from the 17th of Tammuz to Tisha B'av was first mentioned by a scholar from Narbonne, Meir ben Shimon ha-Meili in the same period, the 13th century. Thus, maybe the Mourners of Zion movement had specific success in influencing the Jews of Narbonne.

Once the break from the Mishnah occurred, then it was not long before the custom of not cutting one’s hair before Tisha B’av expanded. The Kol Bo (anonymous, end of 13th century, beginning of 14th century, quoted in the Bet Yosef, u-mah sh-katuv demi sh-takfuhu, and the lengthy Darkei Moshe) in almost a direct quote from the Sefer Hamichtam (does not mention the city Narbonne), writes that while the prohibition of cutting one hair is only the week of Tisha B’av, still the custom of the elders was not to cut their hair even the week before the week of Tisha B'av.

This custom of the Kol Bo was either not known by the Tur or he disregarded it (unlikely) since the Tur only mentions not cutting the hair in the week of Tisha B’av. It is mentioned again in the Maharil (Germany, 1365-1427, Laws of Tisha B’av, p. 239) who first records that cutting the hair is only prohibited in the week of Tisha B’av, and then a second opinion that one should not cut one’s hair from the beginning of the month. Thus, by the 15th century, in Ashkenazi Jewry there had developed a second stage to the prohibition of cutting one’s hair that it began from the beginning of the month of Av instead of the week of Tisha B’av.

The third stage developed just slightly after the second stage. R. Yeshayah of Trani (Trani, Italy, 1235-1300, Piskei HaRiaz, Ta’anit, pp.118,119) first quotes the law as stated in the Mishnah, that the prohibition of cutting one’s hair was only the week of Tisha B’av, but then he notes that in some places the custom was not eat meat or cut one’s hair for the three week period from the 17th of Tammuz to Tisha B’av. This later custom is almost definitely related to the Mourners of Zion since it was their influence that led to the custom of not eating meat for the three weeks, and Trani is located in southern Italy.

Again, the Tur and the Maharil either did not know of this custom or disregarded it, but the custom is quoted again in the period right after the Maharil. R. Isaac Tirna (1385-1450?, Trnova, Czech Republic, Sefer Haminhagim, Laws of Tammuz) writes that one does not cut one’s hair for the entire three week period, and then he mentions the custom of not eating meat during the three weeks.

The Shulchan Arukh (1488-1575), 551:3 writes that one is only prohibited from cutting one’s hair and doing laundry in the week of Tisha B’av. This follows the Mishnah Ta'anit 4:7, and I believe this is the Sefardi custom to this day.

However, the Rama (on 551:4) adds that the custom (amongst Ashkenazim) is to not do haircuts from the 17th of Tammuz through Tisha B'av (based on R. Isaac Tirna) and not to do laundry from Rosh Chodesh Adar through Tisha B'av. The Rama's custom makes the mourning leading up to Tisha B'av more important that celebrating Shabbat, and this was practice that developed amongst Ashkenazim after the big change in the 13th century.

The Arukh Hashulchan (Russia, 1829-1908, 551:16) wonders why the Rama prohibited hair cutting from the 17th of Tammuz while he only prohibited doing laundry from the beginning of the month of Av? He answers that hair cutting is not done as frequently as the laundry, and hence if the prohibition of hair cutting was just from the beginning of the month of Av, it would not be apparent that it is forbidden. This question and answer shows the arbitrariness of the extension of the laws of the Mishnah to nine days for not doing laundry and three weeks for not cutting one's hair.

While usually it is not a big deal not to cut one’s hair for three weeks, for those people who shave every day, or at least every Friday for Shabbat, the expansion of the mourning from the week of the Tisha B’av to the 17th of Tammuz is problematic since they will look disgusting after just a few days of not shaving. It should be noted that if a person chooses not to shave, from the 17th of Tammuz and/ or from Rosh Chodesh Av, then he is making a double expansion, once in reference to the days of mourning and also the Ramban’s expansion from hair cutting to shaving, as the Ramban only proscribed that people should not shave in the week of Tisha B’av. 

I think that a person who shaves everyday must shave before Shabbat during the three weeks, even by Shabbat Hazon, since otherwise one is making the mourning for Tisha B'av more important than Shabbat, which contradicts the Mishnah and all Ashkenazi practice until the 13th century. If a person makes an effort to look nice on Shabbat Hazon by showering and wearing clothing of Shabat, then how can the person not shave and look disgusting?

To summarize, we see that the initial prohibition of cutting one’s hair was only during the week of Tisha B’av, which starts from Sunday, since this gave greater precedence to preparing for Shabbat than for the mourning for Tisha B’av. This approach has remained the Sefardi position, and it was also the Ashkenazi custom until approximately the 13th, 14th centuries. However, at that time, probably due to unknown Karaite influence, some Ashkenazim began to give greater priority to the mourning leading up to Tisha B’av than to Shabbat. With this development, amongst Ashkenazim there first began the custom of not cutting the hair from the beginning of the month of Av, and then the custom developed (middle 15th century?) not to cut one’s hair for the entire three week period. Yet, if one shaves every day, then one must shave on erev Shabbat for Shabbat throughout the three week period following the opinion of the Mishnah, Talmud, Tosafot, the Rosh, the Ran, the Tur, the Sefer Mitzvot Katan and the Rokeach that Shabbat has precedence over the mourning of Tisha B’av.

Bibliography:

Gartner, Yaakov, 1983, The Influence of the Mourners of Zion on Tisha B’av customs in the Geonic period, (Hebrew) Bar Ilan University Annual, 20,21, pp. 128-144.

-----, 1985, Mourners of Zion consciousness as a factor in the development of Tisha B’av customs, (Hebrew) Milet, pp. 201-24.