Halacha According to the Sephardic Practice: The Three Weeks – Part 2: Customs Beginning from Rosh Chodesh Av

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01 Jul 2024
The Three Weeks
  1. From the beginning of Rosh Chodesh Av, one should minimize the amount of one’s rejoicing. (The different types of “rejoicing” will be discussed below).[1]
  2. One who has a court case with a non-Jew should try to defer the court date until after the tenth of Av, since before then is not an auspicious time for Bnei Yisrael.[2]
  1. One should try to minimize his business dealings from Rosh Chodesh Av through Tishah B’Av.[3]
  1. Even on Rosh Chodesh Av, it is praiseworthy to have a meal in honor of Rosh Chodesh and dress nicer than one does on a regular day.[4]

Building and Moving into a New Home

  1. One may not build a new home for his engaged child, nor may he move into a new summer home after Rosh Chodesh Av.[5] However, one is permitted to move into a home to live in. Similarly, one may renovate his home to make it larger.[6]
  1. One should refrain from painting his home or making minor unnecessary renovations.[7] However, one may buy wood and other building supplies to build his family a home, especially if one lives in Eretz Yisrael.[8] One may also paint a bet hakeneset to make it look more beautiful.[9]
  1. One may fix a wall or a ceiling if it poses a danger of caving in.[10]
  1. One whose job is to paint and renovate homes is permitted to do so if he needs the money to support his family.[11]
  1. One may paint a picture since this is not considered “building.”[12]
  1. One may build a fence around his balcony since this is a mitzvah and protects people from danger.[13]
  1. One may put bars on his windows to protect his family from physical harm or from theft.[14]
  2. One may buy new shelves for his sefarim (sefarim themselves may also be bought).[15]
  3. One may buy necessary furniture. For example, one can buy and install a new air conditioner since it is needed during this time.[16] Items that are only needed for decoration should not be bought during this time.[17]
  1. One should refrain from gardening unless people would otherwise injure themselves from the overgrowth when passing by, or if one needs to take care of the garden so that the plants do not whither or die.[18]

Buying presents

  1. One may not buy an engagement ring from Rosh Chodesh Av since this brings joy.[19]
  1. Some poskim permit one to give a present to someone after Rosh Chodesh Av, such as to a boy who is celebrating his bar mitzvah.[20]

Parties and Weddings

  1. One should refrain from making parties and get-togethers with friends from Rosh Chodesh Av.[21] One who was born during the first nine days of Av should push off his birthday party until after Tishah B’Av.[22]
  2. The custom for most Sephardim is to refrain from getting married from Rosh Chodesh Av, including on Rosh Chodesh itself, until after Tishah B’Av.[23] This is unlike the custom of many Ashkenazim, who refrain from getting married beginning from the Seventeenth of Tammuz until after Tishah B’Av.[24]
  3. A Sephardi may invite an Ashkenazi to his wedding even if it will take place after the Seventeenth of Tammuz, without concern that he is causing the Ashkenazi not to follow his custom, since most Ashkenazic poskim permit an Ashkenazi to attend and dance at a Sephardic wedding.[25] Similarly, both an Ashkenazi and Sephardi may attend a sheva berachot party even after Rosh Chodesh Av.[26]
  4. If a Sephardic boy marries an Ashkenazic girl, the wedding may take place after the Seventeenth of Tammuz, even though the Ashkenazic custom is to be stringent.[27]
  5. According to all opinions it is permitted to remarry a divorced wife during Ben HaMetzarim up until Tisha B’Av.[28]
  6. Even though Sephardim refrain from getting married from Rosh Chodesh Av, they are permitted to get engaged. During an engagement at this time, one should refrain from making a meal with a party and having music with dancing;[29] singing, though, is permitted.[30]
  7. One should not refrain from meeting a potential shidduch, even after Rosh Chodesh Av.[31]

Eating Meat and Drinking Wine

  1. According to the Gemara, the prohibition of eating meat and drinking wine applies only to the last meal before Tishah B’Av. Nevertheless, the custom of Sephardim is to refrain from consuming meat and wine from the day after Rosh Chodesh Av until after Tishah B’Av,[32] while the Ashkenazic minhag is to refrain from eating meat and drinking wine even on Rosh Chodesh itself.[33]
  2. If one prayed Arvit after plag haminchah on Rosh Chodesh, he cannot eat meat anymore even though it is not yet shkiyah.[34]

Eating Meat

  1. The custom of refraining from eating meat applies even to poultry,[35] and even to another food that was cooked together with meat or chicken.[36]
  2. A pot in which meat was cooked, even within twenty-four hours, may be used to cook pareve foods, as long as it is clean.[37]
  3. It is permitted to eat soy hot-dogs or similar foods that appear like they are meat, and there is no concern for marit ayin.[38]
  4. If one accidentally recited a berachah on wine or meat after Rosh Chodesh Av, he should taste a little of the wine or meat to avoid a berachah levatalah.[39]
  5. If one accidentally prepared meat, he may not eat it, and should instead give it to a child or a sick person, or freeze it so that he can eat it after Tishah B’Av.[40]
  6. One may taste meat or chicken on erev Shabbat to ensure that it is tasty.[41]
  7. One who usually eats meat for melaveh malkah may eat meat remaining from Shabbat.[42]
  8. If the meat was not left over from Shabbat, one may not eat it on motzaei Shabbat or motzaei Rosh Chodesh, beginning from when he prays Arvit.[43]
  9. One who is pregnant, after birth, or ill, and needs to eat meat, may do so.[44]
  10. Children who are a year younger than their bar or bat mitzvah may eat meat. However, once a child reaches twelve years old, one should train him or her to refrain from eating meat.[45]
  11. During a seudat mitzvah, such as a brit milah or pidyon haben, anyone who is invited to take part in the meal afterward may eat meat. However, those who are attending the seudah with the main intention to eat meat are considered as if they are doing a mitzvah that is really an averah.[46] Some Sephardim have the custom to refrain from eating meat even during a seudat mitzvah, and eat fish instead.[47]
  12. A brit Yitzchak ceremony is not considered a seudat mitzvah that allows one to eat meat.[48]
  13. If a brit milah was deferred to Ben HaMetzarim because the baby was ill, those in attendance may still eat meat at the seudah.[49]
  14. The mohel, sandak, and father of the child may eat meat throughout the entire day of the brit milah, even at home, since the day is considered a Yom Tov for them. [50]
  15. It is permitted to buy meat during this time even if one will only use it after Tishah B’Av.[51]
  16. One may eat meat at a siyum mesechet even if he did not partake in learning the mesechet. [52]
  17. The following conditions must be met for a siyum to permit one to eat meat:
    1. One may not finish the mesechet before Rosh Chodesh Av and only wait to make the siyum However, one may pace himself to learn the mesechet either slower or faster to complete it during the nine days after Rosh Chodesh.[53]
    2. One who read the mesechet without understanding what he read may not make a siyum.[54]
    3. One who learned a mesechet of Mishnayot with a commentary, such as that of Rav Ovadia MiBartenura, may eat meat at his own siyum. However, only the person who learned the mesechet may eat meat, and not the others who are present.[55]
    4. If one learned mesechet Kallah or mesechet Sofrim with a proper explanation and understanding, it is considered as if he learned a mesechet of Mishnayot.[56]
    5. One who learned a book of the Zohar, even without understanding it, can make a siyum and eat meat.[57]
    6. One may possibly make a siyum by completing a specific section of Shulchan Aruch.[58]
    7. One may only make a siyum when completing a book from Tanach if one happened to finish learning the book at this time, and not if one planned it.[59]
    8. One who did not read the words of the Gemara (or Mishnah) with his mouth, and only thought them, is still considered as if he completed the mesechet.[60]
    9. One who did not learn the mesechet in its proper order may make a siyum.[61]
    10. One may not eat meat at a siyum for a mesechet that was split up and learned by many people.[62]
    11. One may only eat meat at a siyum if he generally celebrates by eating meat when making a siyum.[63]
  18. One who is an avel for a parent may still partake in the seudat mitzvah for a siyum during these days.[64]
  19. One may eat meat and drink wine at the seudah that is made on the day that a boy becomes a bar mitzvah. However, he may not make a seudah during this time if it is not his actual birthday. In such a situation, he should only make the party before Rosh Chodesh or after Tishah B’Av. Furthermore, if the day of his bar mitzvah is on erev Tishah B’Av, he should postpone the party until after Tishah B’Av.[65]
  20. One who eats meat at a seudat mitzvah does not have to perform hatarat nedarim[66]

Drinking Wine

  1. The custom for most Sephardim is to refrain from drinking wine from after Rosh Chodesh. However, some Sephardim do not practice this custom.[67]
  2. Those who have a custom to refrain from drinking wine are permitted to drink some types of alcoholic beverages. These include: beer, arak, whiskey, and other such drinks.[68] Cognac, however, should be avoided, since it is distilled from wine.[69]
  3. Many poskim hold that one should also refrain from drinking grape juice.[70]
  4. Foods that have wine mixed in them may be eaten. However, if the taste of the wine is noticeable, they should be avoided.[71]
  5. One who drinks the wine at a brit milah should not give it to others to drink.[72]
  6. The Shulchan Aruch states that even after Rosh Chodesh, one may recite Havdalah on a cup of wine, because the prohibition of drinking wine does not apply when a mitzvah is involved.[73] However, the Rama states that if a child can drink the wine, an adult should not.[74] Certainly, an Ashkenazi may fulfill his obligation with a Sephardic recitation of Havdalah, since a Sephardi is permitted to drink the wine, even when a child is present.[75]
  7. It is permitted to drink wine on Shabbat or during a seudat mitzvah.[76]
  8. Wine vinegar is permitted, and may be mixed with other foods.[77]

Repairing Clothing

  1. One may not repair or make new clothing during the shavua shechal bo, and one should try to refrain from doing so from Rosh Chodesh. However, one whose business is to fix and fit clothing may continue until the shavua shechal bo.[78]
  1. A worker who is employed to fix clothing may continue to work if he will lose money by not working on these days; in fact, he may even work on Tishah B’Av itself. Such a person should try to work as discreetly as possible.[79]
  1. Women should also refrain from knitting during this time.[80]
  1. One may sew or patch up a torn hole on an article of clothing.[81] Similarly, one may sew fallen buttons onto his clothing.[82]

Buying New Things

  1. One may not buy new clothing during this time, even if the clothing is meant to be given as a gift.[83] However, socks and undergarments may be bought.[84]
  2. One may try on clothing and even buy new clothing for his wedding that will take place after Tishah B’Av.[85]
  3. Sefarim may be purchased, especially if they will not be available after Tishah B’Av.[86]
  4. One may buy a new pair of tefillin or a tallit during this time, since these are needed for mitzvot.[87]
  5. If there are clothing or objects on sale at this time, and they will not be on sale after Tishah B’Av, one may buy what he needs, since this would otherwise be considered a financial loss.[88]
  6. If one needs a car for business, or if a car is on sale, he may buy it. However, if one does not necessarily need to buy a car during this time, and no financial loss will be incurred if he does not, he should wait to buy it after Tishah B’Av.[89]
  7. One should refrain from buying shoes at this time unless they are needed.[90] Furthermore, if one needs non-leather shoes to wear on Tishah B’Av, he may buy them, and even wear them for the first time on Tishah B’Av itself.[91]
  8. One may go to a store to check on something he is thinking of buying after Tisha B’Av.[92]

[1]. Taanit 29b; Shulchan Aruch 551:1.

[2]. Shulchan Aruch 551:1. See also Ben Ish Chai, Devarim 1:1 and Chazon Ovadia, Arba Taaniyot, p. 164. See also Chayei Adam 133:9 and Mishnah Berurah 551:2, which state that one should refrain from having a court case throughout the month of Av. Kaf HaChayim 551:3, therefore, says that one should wait until after the month of Av, but in urgent situations, one should have the court case only after Tishah B’Av.

[3]. Ohr LeTzion, vol. 3, 26:1. See also Ben Ish Chai, Devarim 1:2, which is stringent only in business matters that have to do with rejoicing, such as making purchases for an upcoming wedding. Nechamat Tzion, p. 95 adds that if one is unable to buy what he needs if he waits until after Tishah B’Av, he is permitted to buy what he needs for the wedding. Similarly, if the items are on sale and will no longer be on sale after Tishah B’Av, one can buy what he needs.

[4] Yalkut Yosef, Ben HaMetzarim, p. 237.

[5]. Shulchan Aruch 551:2.

[6]. See Yalkut Yosef, Ben HaMetzarim, p.  240. Ohr LeTzion, vol. 3, 26:1, states that one may move into a new home since this is not something the Chachamim prohibited during this time. See also Chazon Ovadia, Arba Taaniyot, p. 187, which says that one may not make a big party for a chanukat habayit at this time, and may only recite the proper tikkun for moving into a new home. See also Yalkut Yosef, Ben HaMetzarim, p. 198, and Nechamat Tzion, p. 109. Halichot Shlomo, Ben HaMetzarim, p. 419 adds that even a seudah celebrating the opening of a new bet hemidrash or bet hakeneset should not be made during this time.

[7]. Ben Ish Chai, Devarim 1:3; Chazon Ovadia, Arba Taaniyot, p. 167; Ohr LeTzion, vol. 3, 26:1; Shalmei Moed, p. 488. See also Rabbi Moshe Feinstein in Igrot Moshe, O.C. 3:2 and Shmatata D’Moshe §19, who adds that during the week of Tishah B’Av, one should refrain from putting up wallpaper. However, this is unlike Torat HaMoadim, Ben HaMetzarim, p. 146, in the footnote, which brings in the name of Chacham Ovadia Yosef that one may put up wallpaper during the week of Tishah B’Av, since only the actions that Chazal prohibited, such as wall painting, may not be performed. See also Yalkut Yosef, Ben HaMetzarim, p. 240.

[8]. Ben Ish Chai, Devarim 1:17; Zivchei Tzedek, Responsa, vol. 2, O.C. 31; Moed LeChol Chai 10:8 & 72; Chazon Ovadia, Arba Taaniyot, p. 168.

[9]. Mishnah Berurah 551:12; Chazon Ovadia, Arba Taaniyot, p. 167. See also Ohr LeTzion, vol. 3, 26:1, in the footnote on p. 241, which adds that one may also build a school for learning Torah during this time.

[10]. Shulchan Aruch 551:2. Kaf HaChayim 551:29 even allows one to fix the wall if he will sustain a financial loss otherwise.

[11]. Chazon Ovadia, Arba Taaniyot, p. 168.

[12]. Ohr LeTzion, vol. 3, 26:1, at the end of the footnote.

[13]. Ruach Chayim §2; Moed LeChol Chai 10:8 & 72; Ben Ish Chai, Devarim 1:3; Chazon Ovadia, Arba Taaniyot, p. 168; Torat HaMoadim, Ben HaMetzarim, p. 147, 21.

[14]. Ben Ish Chai, Devarim 1:3.

[15]. See Chazon Ovadia, Arba Taaniyot, p. 168, which states that one may buy sefarim and sefarim shelves, since they serve a mitzvah purpose. See also Shalmei Moed, p. 487, which also permits buying sefarim. However, Ohr LeTzion, vol. 3, 26:1 states that one should preferably not buy sefarim during this time if he can buy them after Tishah B’Av, as long as they will not go up in price. See also Ashrei HaIsh, O.C., vol. 3, 69:20, which states that preferably one should only buy sefarim before Rosh Chodesh Av, but sefarim that he needs may be bought during this time. See also Kovetz Halachot, Ben HaMetzarim 12:17.

[16]. Chazon Ovadia, Arba Taaniyot, p. 168; Yalkut Yosef, Ben HaMetzarim, p. 239

[17] Nechamat Tzion, p. 110.

[18]. See Shmatata D’Moshe, Shemuot Moshe 551:15 and Ashrei HaIsh, O.C., vol. 3, 69:19. See also Kovetz MiBet HaLevi, vol. 13, p. 24:5, which adds in the name of Rabbi Shmuel HaLevi Wosner that one is permitted to garden just for the upkeep of his garden, but should not plant new plants. See also Rivevot Ephraim 1:374; Yalkut Yosef, Ben HaMetzarim, p. 240.

[19]. Chazon Ovadia, Arba Taaniyot, p. 168; Igrot Moshe, E.H. 4:84. However, a jewelry seller may continue to make sales even after Rosh Chodesh Av, as per Chazon Ovadia, Arba Taaniyot, p. 168.

[20] See Halichot Shlomo 14:11 who permits giving a present to a bar mitzvah boy since this is the proper time to give the present. See also Yalkut Yosef, Ben HaMetzarim, p. 243 who brings several other poskim who say that one should not give presents if there is no need.

[21]. See Aruch HaShulchan 551:8 and Nitei Gavriel, Ben HaMetzarim 16:1. See also Kovetz Halachot, Ben HaMetzarim 10:7, which adds that one may make a seudat preidah, a goodbye party, as long as he does not actually make a meal with bread.

In regards to fundraising dinners, Rabbi Yosef Shalom Elyashiv in Ashrei HaIsh 3:69:15 holds that one should try to refrain from attending and making them during this time. See, however, Rabbi Shmuel Kamenetsky in Kovetz Halachot, Ben HaMetzarim 10:5, who holds that a fundraising dinner is permitted if it is for a tzedakah organization.

[22] Yalkut Yosef, Ben HaMetzarim, p. 236. Kovetz Halachot, ibid. 10:8, footnote 12 says that one should only make a birthday party for a child, in which case Halachic advice should be sought as to how to go about such an event.

[23]. Shulchan Aruch 551:2. See Rav Ovadia Yosef in Yabia Omer 6:43; Yechaveh Daat 1:36; and Chazon Ovadia, Arba Taaniyot, p. 140 and on, who writes that the custom in Eretz Yisrael is to get married from the Seventeenth of Tamuz until Rosh Chodesh Av. See also Ohr LeTzion, vol. 3, 25:1, which also states that this is the custom in Eretz Yisrael. See Maadanei HaMelech, vol. 2, pp. 294–301 and Torat HaMoadim, Ben HaMetzarim, p. 134.

[24]. Rama 551:2; Chayei Adam 133:8; Kitzur Shulchan Aruch 122:1; Mishnah Berurah 551:18. Magen Avot Lebhar, O.C. p. 268, points out that the custom of many Moroccan communities is like the Ashkenaz custom.

[25]. The view of some Ashkenazic poskim, such as Rabbi Shmuel Kamenetsky in Kovetz Halachot, Ben HaMetzarim 4:5, is that an Ashkenazi may attend a Sephardic wedding without taking part in the dancing. Teshuvot VeHanhagot 4:128 adds that one may even take part in the dancing. However, he should try to refrain from dancing if he will go unnoticed by the chatan or kallah. See also Ashrei HaIsh, vol. 3, 68:3; Mishneh Halachot 6:109; and Nitei Gavriel, Ben HaMetzarim 14:10, which permit attending and dancing. Rabbi Shlomo Zalman Auerbach would also attend the chuppah for a Sephardic wedding, though he would refrain from being mesader kiddushin, as is written in Halichot Shlomo, ch. 14, in devar halachah 8 and orchot halachah 18. Rivevot Ephraim 6:289 says that even according to the view of Chacham Ovadia Yosef, Ashkenazim should refrain from attending Sephardic weddings during Ben HaMetzarim, and should not even attend the chuppah. However, it would appear that he did not see the ruling of Chacham Ovadia Yosef in Chazon Ovadia, Arba Taaniyot, p. 153, which came out several years later, where he permits Ashkenazim to attend a Sephardic wedding and to even dance and take part in the festivities. See also Teshuvot HaRishon LeTzion, vol. 2, O.C. 73, and Yalkut Yosef, Ben HaMetzarim, p. 181.

[26]. See Mishneh Halachot 6:109; Avnei Yoshfeh 1:113; Ashrei HaIsh, vol. 3, 68:2; and Kovetz Halachot, Ben HaMetzarim 4:4, which all permit one to attend, and even to dance, at a sheva berachot party. However, Orchot Rabbenu, vol. 2, p. 128, halachah 9; Shevet HaLevi 3:157; ibid., vol. 10, 81:2; Teshuvot VeHanhagot 4:128; and Moadim U’Zemanim 8:338 state that one should refrain from dancing at a sheva berachot party during this time.

[27]. Chazon Ovadia, Yom Tov, p. 256. If a Sephardic girl marries an Ashkenazic boy, Yalkut Yosef, Ben HaMetzarim, p. 182, quotes a leter from Chacham Ovadia Yosef who permits them to be lenient like the Sephardic custom.

[28] Mishnah Berurah 551:15; Yalkut Yosef, Ben HaMetzarim, p. 184.

[29]. See Shulchan Aruch 551:2 with Mishnah Berurah 551:16; Kaf HaChayim 551:38, 39, & 44; Chazon Ovadia, Arba Taaniyot, p. 140; and Torat HaMoadim, Ben HaMetzarim, p. 138.

[30]. See Halichot Shlomo, Ben HaMetzarim, p. 412, which states that one should not sing so much.

[31]. Halichot Shlomo, Ben HaMetzarim, p. 418, in Orchot Halachah 34.

[32]. Even though the custom of many Teimanim, as brought in the Shulchan Aruch Mekutzar, vol. 3, p. 125, is only to refrain from eating meat on erev Tishah B’Av, see Chazon Ovadia, Arba Taaniyot, p. 170, which states that once they move to Eretz Yisrael, they should follow the general Sephardic custom, and refrain from eating meat beginning from after Rosh Chodesh Av.

[33]. Taanit 26a & 30a state that the prohibition of eating meat applies only to the final meal before Tishah B’Av. See Yechaveh Daat 1:41, which cites many Rishonim and poskim who write that the Sephardic custom is to refrain from eating meat from Rosh Chodesh Av. However, the Chida in Moreh BaEtzba §233 writes that the Sephardic custom is to eat meat on Rosh Chodesh itself. This is also the view of Moed LeChol Chai 10:7; Ben Ish Chai, Devarim 1:15; Kaf HaChayim 551:126; Ohr LeTzion, vol. 3, 26:3; and Chazon Ovadia, Arba Taaniyot, p. 169. See also Shemesh U’Magen, vol. 3, 54:5, which says that in Morocco, there was even a custom to have a special meat meal on Rosh Chodesh.

[34] Rivevot Ephraim 6:286.

[35]. Shulchan Aruch 551:10; Ohr LeTzion, vol. 3, 26:3; Chazon Ovadia, Arba Taaniyot, p. 172.

[36]. Mishnah Berurah 551:63; Ohr LeTzion, vol. 3, 26:3. See also Chazon Ovadia, Arba Taaniyot, p. 172, which adds that one may be leninent with instant chicken soup powder.

[37]. Kaf HaChayim 551:142; Ohr LeTzion, vol. 3, 26:3; Chazon Ovadia, Arba Taaniyot, p. 172.

[38] Yalkut Yosef, Ben HaMetzarim, p. 282.

[39]. Sdei Chemed, Pe’at HaSadeh, Ben HaMetzarim 1:5; Chazon Ovadia, Arba Taaniyot, p. 188; Shevet HaLevi 9:131; ibid. 10:81.

[40]. Ohr LeTzion, vol. 3, 26:3, in the footnote.

[41]. It is brought in the name of Rabbi Yosef Shalom Elyashiv in Ashrei HaIsh, O.C., vol. 3, 69:30 that one should not even taste any meat food for Shabbat. However, many poskim, such as Rivevot Ephraim, vol. 1, 367:1, state that one may taste the food but should immediately spit it out afterward. Ohr LeTzion, vol. 3, 26:4 states that one may taste, and even swallow, the food if he regularly tastes the food on erev Shabbat. See also Yalkut Yosef, Moadim, p. 572 and Torat HaMoadim, Ben HaMetzarim, p. 184, which state that while one may taste the food on erev Shabbat, one who does not is praiseworthy. However, Chacham Ovadia Yosef in Chazon Ovadia, Arba Taaniyot, p. 175 does not write that it is praiseworthy to refrain from tasting.

[42]. Birkei Yosef 551:6. Moed LeChol Chai 10:20 states that one may only eat the leftovers from Shabbat within four hours of Shabbat’s conclusion. See also Yabia Omer, vol. 10, O.C. §40, “He’arot al Rav Pe’alim” 45:6; Halichot Olam, vol. 2, p. 146; and Chazon Ovadia, Arba Taaniyot, p. 177. See also Ohr LeTzion, vol. 3, 26:7, which says that one should try to give the meat to younger children or freeze it. However, according to all views, one should not add extra meat before Shabbat in order to have leftovers. Ohr LeTzion also adds that one may eat leftover meat from other seudot mitzvah. See also Teshuvot VeHanhagot 2:166; Igrot Moshe, O.C., vol. 4, 21:4; Ashrei HaIsh, O.C., vol. 3, 69:27; Kovetz Halachot, Ben HaMetzarim 9:20; Shemirat Shabbat KeHilchatah 63:10; and Piskei Teshuvot 551:34 for the Ashkenazic custom.

[43]. See Mishnah Berurah 551:56 and Kaf HaChayim 551:122.

[44]. Chazon Ovadia, Arba Taaniyot, p. 193. Ohr LeTzion, vol. 3, 26:6 adds that if the person is satisfied with chicken, then actual meat should be avoided. See also Be’er Moshe 5:85 and Yalkut Yosef, Ben HaMetzarim, p. 279.

[45]. Chazon Ovadia, Arba Taaniyot, p. 190; Yabia Omer, vol. 9, O.C. §50; Ohr LeTzion, vol. 1, 38; ibid., vol. 3, 26:6–7.

[46]. See Rama 551:10; Mishnah Berurah 551:76–77; Aruch HaShulchan 551:30; Kaf HaChayim 551:163–165; Chazon Ovadia, Arba Taaniyot, p. 196; and Teshuvot VeHanhagot, vol. 5, 168:4.

[47]. Ben Ish Chai, Devarim 1:15 states that this was the custom in Baghdad. Moed LeChol Chai 10:20 states that this was also the custom in Izmir. See also Yafeh LaLev 551:8.

[48]. Mishnah Berurah 551:62; Chazon Ovadia, Arba Taaniyot, p. 197.

[49]. Chazon Ovadia, Arba Taaniyot, p. 197. See also Ohr LeTzion, vol. 3, 26:4, in the footnote, which says that only immediate relatives may eat meat at the meal. It also adds that if one already prepared the seudah, and the brit milah was then delayed because the baby was sick, those who came for the meal may eat meat, and it is still considered a seudat mitzvah even though the brit milah was not actually performed.

[50]. Chazon Ovadia, Arba Taaniyot, p. 198.

[51] Yalkut Yosef, Ben HaMetzarim, p. 290.

[52]. The Rama 551:10 states that one may eat meat at the seudah for a siyum. This is also the view of Elya Rabba 551:26; Chayei Adam 133:16; and Mishnah Berurah 551:73. See also Chacham Ovadia Yosef in Yabia Omer, vol. 1, O.C. 26:7 and Chazon Ovadia, Arba Taaniyot, p. 198, who adds that it is forbidden for one to come just to eat meat. Furthermore, Torat HaMoadim, Ben HaMetzarim, p. 196 adds that one who normally does not eat meat when making a siyum may not eat meat this time either.

[53]. Elya Rabba 551:26; Chayei Adam 133:16; Mishnah Berurah 551:73; Kaf HaChayim 551:161; Torat HaMoadim, Ben HaMetzarim, p. 197. See also Yechaveh Daat 1:40 and Yabia Omer, vol. 1, O.C. 26. See also Nechamat Tzion, p. 136, who says that one should not rush and forgo on his understanding, but if one increases the time that he learns and learns without sacrificing any comprehension of what he is learning, he is allowed to do so.

[54]. See Yabia Omer, vol. 1, O.C. 26:9; Torat HaMoadim, Ben HaMetzarim, p. 200; and Halichot Shlomo, Ben HaMetzarim, p. 419, Orchot Halachah 38.

[55]. Ohr LeTzion, vol. 3, 26:5; Chazon Ovadia, Arba Taaniyot, p. 202; Torat HaMoadim, Ben HaMetzarim, p. 198. However, BaTzel HaChochmah 4:99 states that if one finished a whole seder of Mishnayot, then everyone may partake in the meat, and the siyum has the status of a regular siyum.

[56]. See Torat HaMoadim, Ben HaMetzarim, p. 198; the footnote in Chazon Ovadia, Arba Taaniyot, p. 203; Yabia Omer, vol. 1, O.C. 26:9.

[57]. Chayim Shaal 75:2; Moreh BaEtzba 2:44. See also Yaskil Avdi, vol. 6, Y.D. 28:6; Torat HaMoadim, Ben HaMetzarim, p. 198; and Chazon Ovadia, Pesach §1, p. 211. Yabia Omer, vol. 1, 26:10 points out that everyone who is taking part in the siyum has to have finished the book of Zohar as well to partake in the meat.

[58]. Mishneh Halachot 6:166.

[59]. Mishneh Halachot 6:166; Igrot Moshe, O.C. 1:157.

[60]. Ohr LeTzion, vol. 3, 12:1, in the footnote, regarding finishing a mesechet for Taanit bechorot.

[61]. Ibid.; Chazon Ovadia, Pesach, p. 212; Minchat Yitzchak 2:93; BaTzel HaChochmah 2:28.

[62]. See Chazon Ovadia, Arba Taaniyot, p. 199 and Kinyan Torah BaHalachah 5:52.

[63]. Chayei Adam 133:16; Mishnah Berurah 551:73; Ohr LeTzion, vol. 3, 26:4.

[64]. Chazon Ovadia, Arba Taaniyot, p. 200.

[65]. See Chazon Ovadia, Arba Taaniyot, p. 174; Divrei Yatziv, O.C. 239; Halichot Shlomo, Ben HaMetzarim 14:8; and Shalmei Moed, p. 486. See also Kaf HaChayim 551:158; Ashrei HaIsh, O.C., vol. 3, 69:9–10; and Kovetz Halachot, Ben HaMetzarim 10:3–4, which discuss whether one may eat meat at a bar mitzvah celebration that is made after the boy’s birthday if he speaks divrei Torah to classify the seudah as a seudat mitzvah. However, in Torat HaMoadim, Ben HaMetzarim, p. 194, Chacham David Yosef writes that this is forbidden. He writes that this case is possibly similar to one he asked his father, Chacham Ovadia Yosef: whether one may play music at a bar mitzvah that is not at its proper time during Ben HaMetzarim if the boy speaks words of Torah; Chacham Ovadia answered that one may not do so. Therefore, according to this reasoning, one may also not eat meat at such a seudah.

[66]. Kaf HaChayim 551:159; Chazon Ovadia, Arba Taaniyot, p. 200, 15. See also Yechaveh Daat 1:41; Yabia Omer, vol. 2, O.C. 30; and Torat HaMoadim, Ben HaMetzarim, p. 202.

[67]. See Chazon Ovadia, Arba Taaniyot, p. 176, which brings the custom in Yerushalayim, as brought in Mateh Yehudah, Ayish, din 9; see also Shiyurei Keneset HaGedolah, Hagahot Bet Yosef 551:26, which states that this is also the opinion of the Rambam. See Shulchan Gavoha §35, which says that this is the custom in Salonica. See also Peri HaAdamah, vol. 4, p. 8 and Sdei Chemed, Ben HaMetzarim 1:2, which state that this was the custom in Yerushalayim. For more on this subject, see Torat HaMoadim, Ben HaMetzarim, p. 205, which states that one who is stringent is praiseworthy.

[68]. In regards to beer, the Rama 551:11 says that one may be lenient. See also Neitei Gavriel, Ben HaMetzarim 39:4. In regards to whiskey, see Shaarei Teshuvah 551:19, which permits it. See also Ohr LeTzion, vol. 3, 26:8, which lists other types of liquors; and Kovetz Halachot, Ben HaMetzarim 9:11; Nechamat Tzion, p. 121.

[69]. Ohr LeTzion, vol. 3, 26:8.

[70]. Mishnah Berurah 551:66; Ohr LeTzion, vol. 3, 26:8; Ashrei HaIsh, O.C., vol. 3, 69:31; Shmatata D’Moshe, Shemuot Moshe 551:25; Kovetz Halachot, Ben HaMetzarim 9:12; Nitei Gavriel, Ben HaMetzarim 39:1. See also Ashrei HaIsh, O.C., vol. 3, 69:31, which adds that if one has a blended fruit mixture that contains grapes, one may eat it.

[71]. See Chazon Ovadia, Arba Taaniyot, pp. 173–174 and Ashrei HaIsh, vol. 3, 69:33, which state that if one can taste the wine, the food should be avoided. However, in Kovetz Halachot, Ben HaMetzarim 9:9, Rabbi Shmuel Kamenetsky permits the food, even if the taste is noticeable. See also Shevet HaLevi 9:132 and Teshuvot VeHanhagot 2:259.

[72]. Ohr LeTzion, vol. 3, 26:4, in the footnote.

[73]. Shulchan Aruch 551:10.

[74]. Kaf HaChayim 551:152; Chazon Ovadia, Arba Taaniyot, p. 176; Ohr LeTzion, vol. 3, 26:8. See also Piskei Teshuvot 551:35 for more insight on this topic.

[75]. This is clear for many reasons. One reason is because even according to many Ashkenazic poskim, such as Rabbi Shlomo Zalman Auerbach, as brought in Shalmei Moed, p. 486 and Kovetz Halachot, Ben HaMetzarim 9:18, one may drink the wine even without a minor present. See also Ashrei HaIsh, vol. 3, p. 469.

[76]. Rama 551:10; Mishnah Berurah 551:69 & 72; Kaf HaChayim 551:152.

[77]. Rama 551:9. The Mishnah Berurah 551:57 explains that any vinegar that is a derivative of wine but cannot be consumed by itself may be used even after Rosh Chodesh Av.

[78]. Shulchan Aruch 551:7; Chazon Ovadia, Arba Taaniyot, p. 207.

[79]. See Ben Ish Chai, Devarim 1:11; Chazon Ovadia, Arba Taaniyot, p. 208.

[80]. Kaf HaChayim 551:116; Chazon Ovadia, Arba Taaniyot, p. 207.

[81]. Moed LeChol Chai 10:18; Chazon Ovadia, Arba Taaniyot, p. 207; Torat HaMoadim, Ben HaMetzarim, p. 147. Ohr LeTzion, vol. 3, 26:2 mentions that one may also fix a hole in his shoes.

[82]. Chazon Ovadia, Arba Taaniyot, pp. 207–208; Halichot Shlomo, Ben HaMetzarim, devar halachah, p. 422, 22.

[83]. Rama 551:7. See also Mishnah Berurah 551:49 and Kaf HaChayim 551:103, which add that one may not even buy clothing that he will only wear after Tishah B’Av. See also Ohr LeTzion, vol. 3, 26:2.

[84]. Ohr LeTzion, vol. 3, 26:2.

[85]. Torat HaMoadim, Ben HaMetzarim, p. 147. See also Ohr LeTzion, vol. 3, 26:2, in the footnote.

[86]. See Chazon Ovadia, Arba Taaniyot, p. 168 and Shalmei Moed, p. 487. See also Ohr LeTzion, vol. 3, 26:1.

[87]. See Igrot Moshe, O.C. 3:80, which permits buying tefillin. See also Piskei Teshuvot 551:10, which permits purchasing all types of articles to fulfill a mitzvah. Similarly, the Ben Ish Chai writes in Rav Pe’alim 4:29 that one may tie strings for a tallit during this time if one needs to.

[88]. Ohr LeTzion, vol. 3, 26:2, at the end of the footnote; Torat HaMoadim, Ben HaMetzarim, p. 147. Nitei Gavriel, Ben HaMetzarim 31:14 allows one to buy necessary clothing when there is a substantial sale and one will sustain a large financial loss by refraining from doing so. See also Ben Ish Chai, Devarim 1:2, which permits a chatan to buy clothes.

[89]. Igrot Moshe, O.C. 3:80; Chazon Ovadia, Arba Taaniyot, p. 167.

[90]. Shulchan Aruch 551:7; Mishnah Berurah 551:45; Ben Ish Chai, Devarim 1:8. Ohr LeTzion, vol. 3, 27:1 points out that if one already bought the shoes before Rosh Chodesh, he may even wear them for the first time during the shavua shechal bo.

[91]. See Kaf HaChayim 551:93; Ohr LeTzion, vol. 3, 26:2, at the end of the footnotes; Igrot Moshe, O.C. 3:80; and Yalkut Yosef, Moadim, p. 566:21.

[92]. See Igrot Moshe, E.H., vol. 4, 48:1.

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