HALACHA OF THE WEEK: The Laws of a Postponed Tisha B’Av
For a review of the laws of the Three Weeks, click here - https://www.congkins.org/three-weeks.html
This year, because Tisha B’Av falls on Shabbat, the fast is postponed until Motzei Shabbat and Sunday. As a result, the laws governing the fast day and its various customs are somewhat different than in a regular year. The following is a list of differences:
1. On Shabbat, because it is the 9th of Av, there are those who rule that a person should not learn Pirkei Avot, since it is not among the things permitted to be studied on the fast day [Rama, Shulchan Aruch 553:2]. However, the Mishna Berura, based upon the ruling of the Taz, disagrees, and permits any type of Torah study on Shabbat [ibid, note 10].
2. Unlike any other Tisha B’Av eve, because it is Shabbat, meat and wine are permitted, even at Seudah Shlishit [Shulchan Aruch 552:10]. Furthermore, one is allowed to eat the final meal before the fast (i.e, seudah shlishit) with others [Mishna Berura ibid, note 23] and zemirot are permitted to be sung [Igrot Moshe Orech Chaim 4:112:1. However, one must be careful to finish eating by sunset (8:03 p.m.).
3. There is a debate as to when we must remove our leather shoes. The basis of this debate is whether doing so after sunset and before “tzait hakochavim” would be considered preparing on Shabbat for the next day. The classic position was that people would go to shul with their shoes on and remove them after “borchu” of maariv [Kitzur Shulchan Aruch 125:1]. However, at K.I.N.S. we will daven maariv at 9:15 p.m. and shoes may be changed before coming to shul (see #5 below).
4. According to the Rema, marital relations are prohibited on Friday night the 9th of Av, unless it is “leil tevila” [Shulchan Aruch 554:19].
5. It is prohibited to bring to shul kinot books or any other items needed for Tisha B’Av night, until Shabbat is completely over [8:53 p.m.]. Therefore, the custom has developed in many communities for people recite “baruch hamavdil bein kodesh l’chol” at the end of Shabbat, change to non-leather shoes and Tisha B’av appropriate clothing, and then travel to shul for maariv (driving would then, also be permitted. Congregation K.I.N.S. will be following this custom and is davening maariv at 9:15p.m.
6. Because this is a postponed fast, pregnant, and nursing woman, as well as those who are ill (not even seriously ill), may break their fast as soon as they feel the slightest discomfort [Biur Halacha 559:9 s.v. V’aino mashlim ta’anito”; Shvut Yaakov 3:37]. According to Rav Nebenzahl and others, pregnant and nursing mothers should not fast at all [Shulchan Shlomo Refuah vol. 3, page 115; Responsa of HaRav Nebenzahl to Machon Puah].
7. Motzaei Shabbat, prior to reading Eicha, we recite the bracha of “borei m’orei ha’aish”. The rest of havdalah (the blessings of “borei pri hagafen” and “hamavdil”) are recited Sunday night after maariv.
DVAR TORAH
In this week’s parsha, Moshe retells the story of the meraglim, adding that the initial idea for sending spies came from the people themselves, “All of you came close to me . . .” On these words Rashi notes, that they came to Moshe as a disorganized group, young people pushing aside the elderly, and old people pushing aside the leaders - all asking for spies to search out the Land.
Why is this detail important? According to Rabbi Yaakov Kamenetzky, ztz”l, it was so that we would understand that when the Jews came to Moshe they were frantic and they were scared - all indications that they lacked the appropriate faith and trust in
G-d.
Which is also the reason, according to Reb Yaakov, that Moshe agreed to their request. Because Moshe realized that unlike the original plan for the Land of Israel to be conquered through miraculous means, due to the lack of faith of the people, they would now have to conquer the land through a military action. And the succeed in such a plan, they would need to send spies and map the land, plot the strategy and prepare the people for war.
Unfortunately, Moshe did not realize the extent of their lack of faith, and did not imagine that the spies would return and discourage the people from even trying to conquer the land - a sin which led to a night of tears, not only that year - but every Tisha B’Av, when we recall not only the destruction of the Batei Mikdash, but also the lack of faith which began at that fateful time in the desert.
SEMICHAT CHAVER PROGRAM,– Wednesdays at 8:15pm
SHABBAT WOMEN'S SHIUR – 5:00pm 
TALMUD CLASS – 45 minutes before mincha 
