Although a person is not allowed to learn Torah on Tisha B’Av, the Shulchan Aruch writes that whatever is part of davening is allowed. Let us discuss the parameters of this permission.
SEDER HAYOM IS ALLOWED
The Shulchan Aruch writes that one can recite Korbanos and Eizehu Mekomun. Why does the Shulchan Aruch have to spell out these specific items if they are part of davening?
The reason Korbanos and Eizehu Mekomun were instituted in davening is to make sure that one learns every day. Being that it is for learning, maybe it should be skipped on Tisha B’Av, when one is not allowed to learn. For this reason, the Shulchan Aruch teaches us that Korbanos and Eizehu Mekomun became part of davening and are allowed.
As far as reciting Tehillim, the Mishnah Berurah quotes different minhagim. Some allow it by Mincha because it is done as tefillah, not for learning. Others wait until the next day, because it is still considered learning, and one cannot learn at all on Tisha B’Av.
The Rama writes that we don’t recite Pitum Haketores. The Mishnah Berurah explains that since it is not recited by all, it should not be said. The Sdei Chemed explains that this is true for the one recited after davening, which is not recited by all, as Nusach Ashkenaz does not recite it. In addition, it was instituted to chase away the mazikim, and is therefore not considered part of the tefillah.
READING THE FOUR PARSHIOS WITH TEFILLIN
Many people have the custom to recite Shema and the four parshios while wearing tefillin every day. Can one do so when he puts on the tefillin at Mincha on Tisha B’Av? The Mishnah Berurah writes that one may not read the four parshios since it is considered like learning.
However, many have the custom to read the four parshios. Some poskim suggest a source for this from the Magen Avraham, who allows reciting Tehillim at Mincha based on the fact that we put on tefillin at Mincha. What does he mean? How is wearing tefillin – a real requirement – a proof to allow reciting Tehillim which is an “extra”? Perhaps he is referring to the recital of the four parshios, which many recite when putting on the tefillin. Just as we can do this “extra,” we can recite Tehillim, as well. According to this explanation, the Magen Avraham was assuming that we can recite the four parshios.
What is the rationale to allow reciting the four parshios and not consider it learning? One possible explanation is as follows.
The Gemara (Brochos 13b) states that one who recites Shema without wearing tefillin is like testifying against himself and like bringing a korban without the wine offering. According to some opinions, this means that a person is required to wear tefillin while reciting Shema, while others hold that even if he says Shema without tefillin it is okay, as long as he puts on tefillin later in the day. Rav Shlomo Kluger rules that one must be wearing tefillin when reciting Shema, and putting them on later would not rectify the fact that he recited Shema without tefillin. According to this view, one would not be allowed to recite Shema when putting on tefillin by Mincha, since there is nothing to be gained by reciting Shema when putting on tefillin.
However, the Shraga Hameir quotes others who maintain that if one recites Shema again with the tefillin, that will help. According to this view, we can allow reciting Shema again, since this will rectify having said Shema without tefillin, and it is not just learning Torah. He quotes the Eishel Avraham, who actually proves that one can recite Shema without tefillin and then recite it again with tefillin, based on the minhag on Tisha B’Av, when people put on tefillin by Mincha and recite Shema again.
The Os Chaim and the Kaf Hachaim consider the four parshios part of the seder hayom, just like the other parts of the davening that are allowed. Since one does so every day, he can do so on Tisha B’Av as well.
There is a basic difference between the two reasons for allowing the reciting of Shema by Mincha. If it is to save the person from false testimony, that would only be a reason for reciting two parshios of Shema, and not Kadesh and V’haya ki yeviachah. On the other hand, if the reason for allowing it is because it is a part of the daily davening, then all four parshios can be recited.
SUMMARY
All davening is allowed, even the parts that are Torah, since they are part of the davening. But some of the “extras,” such as reciting Tehillim and Ketores, are questionable whether or not they are considered part of the davening. There is a machlokes if one can recite the four parshios when donning the tefillin at Mincha.
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