Some of the things we refrain from during the mourning period start from the beginning of the Three Weeks, some start from Rosh Chodesh – the 9 days – and some are only kept during the week of Tisha B’Av. Some are mentioned in the Gemara, and some are later minhagim, and there are differences between the Sefardim, who follow the Mechaber, and the Ashkenazim, who follow the Rama.
It is important to understand the background of these halachos – which things are what the Gemara lists as forbidden and what came later. Although we follow all the minhagim strictly, there are extenuating circumstances under which a posek will be more lenient in cases that are only a later minhag.
Let us start with the Mishna in Taanis. The Mishna tells us that during the week of Tisha B’Av, we cannot take haircuts or do laundry, up until Tisha B’Av. This is indeed cited by the Mechaber in the Shulchan Aruch and the minhag of Sefardim – haircuts and laundry are only prohibited during the week of Tisha B’Av, from Shabbos until the fast.
Meat and Wine
The Mishna states that eating meat and drinking wine is only forbidden on Erev Tisha B’Av, which the Gemara explains to mean at the seuda hamafsekes. The Mechaber, in Shulchan Aruch, quotes three minhagim in regards to the issur of eating meat and drinking wine. He writes that some forbid meat and wine only during the week of Tisha B’Av, some forbid it during the Nine Days, and some extend the issur to the entire period of the Three Weeks.
This seems puzzling. When it comes to taking haircuts and laundry, the Gemara maintains that it is only forbidden during the week of Tisha B’Av, and the Mechaber sticks to that timeframe. However, when it comes to meat and wine, where the Gemara only forbids it at the seuda hamafsekes, he is much stricter, quoting three minhagim. Why when it comes to meat and wine, is the Mechaber so much more machmir than regarding haircuts and laundry, which only apply during the week of Tisha B’Av? The opinion which does not allow meat and wine during the week of Tisha B’Av is understandable, since it is similar to haircuts and laundry, which also apply during the week of Tisha B’Av. But why would refraining from meat and wine be stricter than haircuts and laundry?
If we look into the reason for the issur of meat and wine, we will understand the difference. Why is consuming meat and wine forbidden during this time period? Why should it be worse than an aveil during the year of aveilus, who is allowed to eat meat and drink wine?
Halochos of the Nine Days
The Shaarei Teshuva writes that one reason for the issur of meat and wine is that once the Beis Hamikdash was destroyed, there are no more karbanos or wine offerings. The Aruch Hashulchan adds that this can explain why some apply this issur to the entire period of the Three Weeks, since the korban tamid stopped on Shiva Asar B’Tamuz. The Shaarei Teshuva writes that another reason not to eat meat or drink wine is that meat and wine bring joy. Based on that reason, we can understand that this should apply to the entire 9 days, since the Mishna tells us: “mishenichnas Av mimaatin b’simcha – when the month of Av arrives, we minimize joy.”
SUMMARY
The minhag of Sefardim is that haircuts and laundry are only prohibited during the week of Tisha B’Av, from Shabbos until the fast. The Mechaber quotes three minhagim in regards to the issur of eating meat and drinking wine: only during the week of Tisha B’Av, during the Nine Days, and the entire period of the Three Weeks. The Rama, however, writes that the prevalent custom of the Ashkenazim is to refrain for the 9 days.
Rabbi Nachum Scheiner, Night Kollel & Morning Kollel
