One who is too ill to fast on Tisha B'Av

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August 08 2005
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The fast of Tisha B'Av is the climax of the period of mourning.  As such, it is more comparable to Yom Kippur than to the other four rabbinically enacted fast-days.  This is reflected in its full twenty-four hour length, and its observance of all five inuyim (methods of infliction).  For this reason, minor illnesses or ailments that exempt one from fasting on the four minor fasts do not serve to exempt one from fasting on Tisha B'av.  Of course, as with Yom Kippur, one who is in a situation where fasting may pose a life threatening danger is not only permitted to eat, but required to eat.  Furthermore, one who is ill and too weak to function normally is not required to fast even if fasting poses no apparent danger to his life (see Shulchan Aruch, Orach Chaim 554:6, and Mishna Berurah 554:16).  This article will discuss some of the issues that arise for one who must eat on Tisha B'Av.


Limiting Factors


Are there any limitations for one who was given the directive to eat on Tisha B'AvShulchan Aruch, Orach Chaim 618:7, (based on a Beraita quoted in the Gemara, Yoma 83a) writes that one who must eat on Yom Kippur should eat in small increments if it will not pose any danger.  The purpose of eating in small increments is to minimize the severity of the prohibition.  Teshuvot Maharam Schick, Orach Chaim no. 289, assumes that the same procedure applies to Tisha B'av, and one should eat in increments if possible.  However, R. Shlomo Z. Auerbach (cited in Nishmat Avraham IV, 554:1), and R. Shmuel Vosner, Shevet HaLevi 4:46, rule that if one is already ill, one is not required to eat in increments.  If one is healthy but must eat out of concern that he will become ill, he should eat in increments.  R. Eliezer Waldenberg, Tzitz Eliezer 10:25:16, implies that one is never required to eat in increments.


Even if one assumes that an ill person is not required to eat in increments, there is a limiting factor.  Hagahot Maimoniot, Hilchot Ta'aniot 1:8 (Kushta edition), writes that one who is permitted to eat on Tisha B'Av should not indulge in delicacies.  He should only eat what is necessary for his sustenance.  This opinion is codified by Shulchan Aruch, Orach Chaim 554:5. 


Special Observances for One Who is not Fasting


Maharil, Hilchot Shiva Asar B'Tammuz V'Tisha B'Av, no. 11, writes that an ill person who eats bread on Tisha B'Av should recite Nachem in the Birkat HaMazon.  [Nachem is the prayer that is added to the Amidah of Mincha.]  Shibalei HaLeket, no. 267, disagrees and maintains that one does not recite the Nachem prayer in Birkat HaMazon.  Rama, Orach Chaim 557:1, rules in accordance with the opinion of Maharil that one does recite NachemSha'arei Teshuva ad loc., quotes numerous authorities that adopt the position of Shibalei HaLeket that one should not recite NachemMishna Berurah 557:5, quotes both opinions and does not rule conclusively on the matter.


When Tisha B'Av occurs on Sunday, Havdalah is postponed until after Tisha B'AvBirkei Yosef, Orach Chaim 556:2, writes that one who is ill and is not fasting should recite Havdalah immediately after Shabbat.  R. Yehoshua Y. Neuwirth, Shemirat Shabbat Kehilchata 62:45, writes that Birkei Yosef's ruling only applies to adults who are too ill to fast.  A child who is not fasting should not recite Havdalah himself on Motza'ei Shabbat, but rather wait until the conclusion of Tisha B'Av to fulfill the mitzvah of Havdalah


May One Who is Not Fasting Receive an Aliyah?


On Tisha B'Av of 1811, R. Moshe Sofer (known as the Chatam Sofer) was too ill to fast.  He wondered whether he would be able to receive an aliyah for the afternoon Torah reading.  A similar issue was already addressed by Maharik, Teshuvot Maharik no. 9.  Maharik notes that in many communities, when the Torah is read for the fast of Bahab (a series of private fasts observed by certain individuals following Pesach and Sukkot), the kohanim are asked to exit the room (if they themselves are not fasting) in order that the first aliyah be given to one of the individuals who is fasting.  R. Yosef Karo, Beit Yosef, Orach Chaim 566, infers from this practice that on a fast day, only one who is fasting may be called to the Torah.  This inference is codified in Shulchan Aruch, Orach Chaim 566:6.


R. Sofer, Teshuvot Chatam Sofer, Orach Chaim no. 157, notes that based on the ruling of Shulchan Aruch, one who is too ill to fast on Tisha B'Av may not receive an aliyah.  R. Sofer argues that there are three reasons to permit receiving an aliyah in such an instance.  First, he disagrees fundamentally with the assumption that one who is not fasting may not receive an aliyah.  The practice that the kohanim who are not fasting exit the room is not due to their inability to receive an aliyah.  Rather, since they are not fasting, they do not deserve the honor normally afforded to kohanim of receiving the first aliyah.   For this reason they are asked to exit the room in order to give the first aliyah to one who is fasting.


Second, the ruling of Shulchan Aruch that one who is not fasting may not receive an aliyah should only apply to a private fast such as Bahab.  Regarding a private fast, the special Torah reading that is read in commemoration of the fast has no relevance to one who is not fasting.  For this reason he may not receive an aliyah.  However, the Torah reading of a public fast day has relevance to every member of the congregation whether he is fasting or not.


Third, even one who is too ill to fast must still observe Tisha B'Av to the extent that his illness allows.  He should not eat more meals than necessary.  He must still observe the other restrictions that relate to the fast.  For this reason we should consider this person as one who is observing Tisha B'Av, although in a limited manner.


Despite R. Sofer's arguments to permit one who is not fasting to receive an aliyah on Tisha B'Av, Mishna Berurah 566:19, rules that one who is not fasting may not receive an aliyah on a fast day.  The only case where he provides any grounds for leniency is regarding the Torah reading of Monday and Thursday morning.  Magen Avraham 566:8, rules that since the Torah is read on Monday and Thursday mornings regardless of the fast, one who is not fasting may receive an aliyah.  Even in this instance, Ma'amar Mordechai 566:5, disagrees and contends that although the Torah would have been read regardless of the fast, one who is not fasting may not receive an aliyah since the content of the Torah reading is for that of a fast day and not for the week's parsha.  Mishna Berurah rules that one may be lenient if the person was already called to the Torah.


R. Moshe Shternbuch, Teshuvot V'Hanhagot 2:261, suggests that the Torah reading on the morning of Tisha B'Av is fundamentally different than the Torah reading of the morning of other fast days.  This is implicit in the comments of Rambam, Hilchot Tefillah 13:18, who states that on Tisha B'Av  the morning Torah reading is ki tolid banim (Devarim ch. 4) and the afternoon Torah reading is vay'chal (Shemot ch. 32) "like all other fast days."  R. Shternbuch notes that while the afternoon Torah reading of Tisha B'Av is a function of the fast day aspect of Tisha B'Av, the morning Torah reading is a function of the aveilut aspect of Tisha B'Av.  Therefore, regardless of whether one is fasting or not, one may receive an aliyah at the morning Torah reading on Tisha B'Av.


R. Shternbuch does not make reference to Mishna Berurah's omission of the leniencies of R. Sofer.  Although Mishna Berurah does not distinguish between Tisha B'Av and other fast days, he does not explicitly rule that one who is not fasting may not receive an aliyah on Tisha B'Av.  Therefore, one can argue that R. Shternbuch's suggestion - that one who is not fasting on Tisha B'Av may receive an aliyah in the morning – does not explicitly oppose the opinion of Mishna Berurah.


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