The prophets and the sages established the fast on the Ninth of Av because everything follows the beginning. * Since, in practice, most of the Temple was burned on the Tenth, the custom in most Jewish communities is not to eat meat or drink wine on that day. * When the Tenth of Av falls on a Friday, it is already permitted in the morning to prepare for Shabbat by getting a haircut, doing laundry, and bathing. * The sages instructed that every person should inspect his mezuzot twice in seven years. * When the mezuzah is wrapped in plastic, there is no need to inspect it unless something occurred that could invalidate it. * Ideally, every person should continue the custom of his forefathers and acquire a Torah scroll, tefillin, and mezuzot according to their tradition.
Sidebar
In practice, it appears that the opinion of those who maintain that, in a time of need, a Sephardi may wear an Ashkenazi’s tefillin is correct. Likewise, it was transmitted in the name of Rabbi Ezra Attiya that, on a temporary basis, Sephardim may recite the blessing over tefillin written according to the Taz’s method.
Meat and Wine on the Tenth of Av
Q: Why are the customs of mourning observed even on the Tenth of Av, and is it permitted this year to do laundry on the Tenth of Av?
A: On the seventh day of the month of Av, the Babylonians conquered the Temple. Toward evening on the Ninth of Av they set it on fire, and it continued burning throughout the entire Tenth of Av. Rabbi Yochanan said that had he lived in that generation, he would have established the fast on the Tenth of Av, because most of the Sanctuary was burned on that day. There were Amoraim who adopted the stringency of fasting on both the Ninth and the Tenth of Av. Nevertheless, the prophets and the sages established the fast on the Ninth of Av, because everything follows the beginning, and the beginning of the calamity occurred on the Ninth of Av (Ta’anit 29a; Jerusalem Talmud, Ta’anit 4:6).
However, since in practice most of the Temple was burned on the Tenth, the custom in most Jewish communities is not to eat meat or drink wine on the Tenth of Av. According to the custom of some Sephardic communities, the prohibition lasts the entire day (Shulchan Aruch 558:1; Kaf HaChaim 10). According to the custom of Ashkenazim and some Sephardic communities, it lasts only until midday (Rema ad loc.; likewise, the custom of Turkey and some Moroccan communities). Some are lenient immediately after the conclusion of the fast (the customs of Yemen, Djerba, and Libya).
Laundry, Bathing, and Haircuts
According to the opinion of most of the later halachic authorities, until midday of the Tenth of Av one should also not wash clothes, wear freshly laundered garments, get a haircut, listen to joyful music, or bathe in hot water (Chida, Machazik Berachah 558:1; R. Chaim Palaggi, Mo’ed LeKol Chai 10:92; Kaf HaChaim 558:6; Rabbi Mordechai Eliyahu, Hilchot Chagim 29:3–4). However, bathing in lukewarm water is permitted.
Others are lenient and maintain that only meat and wine must be avoided on the Tenth, but bathing, haircuts, and laundry are permitted without restriction (Knesset HaGedolah, Hagahot HaTur; Ma’amar Mordechai; Yechaveh Da’at 5:41). Ideally, one should follow the stringent opinion, but in a pressing situation one may rely on the lenient view (Peninei Halakha: Zemanim 10:19). Likewise, the custom is not to recite the blessing Shehecheyanu on the Tenth of Av, in accordance with the law governing the Three Weeks (Chida; Kaf HaChaim 558:8).
Is It Permitted to Do Laundry This Year on the Tenth of Av?
When the Tenth of Av falls on a Friday, it is already permitted on the morning of the Tenth of Av to prepare for Shabbat by getting a haircut, doing laundry, and bathing. If time is pressing, these preparations may even be made immediately after the conclusion of the Ninth of Av fast (Mishnah Berurah 558:3; Aruch HaShulchan 2).
Inspecting the Mezuzah Twice in Seven Years
Q: Is one obligated to inspect the mezuzah periodically? If so, what type of inspection is required?
A: The sages instructed that every person should inspect his mezuzot twice in seven years, while the mezuzot at the gates of a city and on public buildings should be inspected twice every fifty years, so as not to burden the public beyond what is necessary (Yoma 11a; Rashi; Shulchan Aruch, Yoreh De’ah 291:1).
There are two types of inspection.
The first is before the mezuzah is affixed for the first time. This is an inspection performed by an expert proofreader, whose purpose is to examine every letter in order to verify that they were written in accordance with halachah. This thorough inspection must be carried out before the mezuzah is affixed for the first time (see Peninei Halakha: Chaftzei Kodesh 10:21).
The second type is the inspection that the sages instructed should be carried out twice every seven years, and this inspection may be performed by any person (Chatam Sofer, Yoreh De’ah 283; Pitchei Teshuvah 291:3). The purpose of this inspection is to determine whether, over the passage of time, the ink has faded, crumbled, or flaked off. Thus, twice every seven years one should remove the mezuzah, verify that all the letters remain complete and have not cracked, and examine the folded areas of the parchment to see whether the ink has rubbed off there. If no problem is found, he should return it to its place. If any doubt arises, he should consult a halachic authority. And if he has reason to suspect that his mezuzot were not originally proofread properly, it is preferable that they be inspected by a certified proofreader (Peninei Halakha: Chaftzei Kodesh 6:10).
Blessing After Reaffixing the Mezuzah
If one removed the mezuzah in order to inspect it, found it to be valid, and immediately returned to affix it in its place, some say that since there had been uncertainty whether it would be found valid, he should recite the blessing when reaffixing it (Admat Kodesh, Yoreh De’ah 18; Yechaveh Da’at 3:50). Others expressed doubt about this (Chesed LaAlafim 14; Kol Yaakov 291:7). According to many authorities, however, he should not recite the blessing, since he did not divert his attention from the mezuzah (Da’at Kedoshim 289:4; Maharam Schick, Yoreh De’ah 285; Beit Yitzchak, Yoreh De’ah 2:94; Aruch HaShulchan 289:4; Pri HaSadeh 1:40; Ben Ish Chai, Ki Tavo, second year, 8, and others). Since this is the opinion of the majority of the halachic authorities, and in addition, where there is doubt one should refrain from reciting a blessing, he should return and affix the mezuzah without a blessing.
However, if he inspected several mezuzot, he may exchange the locations of the mezuzot, and since the mezuzah is then being affixed in a different place, he should recite the blessing over it according to all opinions (Emek Yehoshua Acharon; Aleh LeTerufah 35; Kuntras HaMezuzah 289:5). He should recite the blessing over one mezuzah and intend that its blessing apply to all the mezuzot that he is about to affix.
The Law Regarding Mezuzot Wrapped in Airtight Plastic
In recent generations, following the invention of plastic, it became possible to wrap the mezuzah in plastic and seal it against moisture. Experience has shown that in this way the mezuzah is preserved for decades without damage. Therefore, if the mezuzah has been wrapped in plastic, there is no need to inspect it, unless it has been affixed in a place exposed to excessive heat, or something has occurred that could invalidate it, such as a fire, in which case it must be inspected. This is the ruling of Rabbi Auerbach (Halichot Shlomo, Prayer 4, note 52) and Rabbi Elyashiv (Vayishma Moshe, vol. 1, p. 318).
Blessing After Reaffixing the Mezuzah
If one removed the mezuzah in order to inspect it, found it to be valid, and immediately returned to affix it in its place, some say that since there had been uncertainty whether it would be found valid, he should recite the blessing when reaffixing it (Admat Kodesh, Yoreh De’ah 18; Yechaveh Da’at 3:50). Others expressed doubt about this (Chesed LaAlafim 14; Kol Yaakov 291:7). According to many authorities, however, he should not recite the blessing, since he did not divert his attention from the mezuzah (Da’at Kedoshim 289:4; Maharam Schick, Yoreh De’ah 285; Beit Yitzchak, Yoreh De’ah 2:94; Aruch HaShulchan 289:4; Pri HaSadeh 1:40; Ben Ish Chai, Ki Tavo, second year, 8, and others). Since this is the opinion of the majority of the halachic authorities, and in addition, in a case of doubt one should refrain from reciting a blessing, he should return and affix the mezuzah without a blessing.
However, if he inspected several mezuzot, he may exchange the locations of the mezuzot, and since the mezuzah is then being affixed in a different place, he should recite the blessing over it according to all opinions (Emek Yehoshua Acharon; Aleh LeTerufah 35; Kuntras HaMezuzah 289:5). He should recite the blessing over one mezuzah and intend that its blessing apply to all the mezuzot that he is about to affix.
The Law Regarding Mezuzot Wrapped in Airtight Plastic
In recent generations, following the invention of plastic, it has become possible to wrap the mezuzah in plastic and seal it against moisture. Experience has shown that in this way the mezuzah is preserved for decades without damage. Therefore, if the mezuzah has been wrapped in plastic, there is no need to inspect it, unless it has been affixed in a place exposed to excessive heat, or something has occurred that could invalidate it, such as a fire, in which case it must be inspected. This is the ruling of Rabbi Auerbach (Halichot Shlomo, Prayer 4, note 52) and Rabbi Elyashiv (Vayishma Moshe, vol. 1, p. 318).
Differences Between the Communities in the Writing of Sifrei Torah, Tefillin, and Mezuzot
Q: Why is there a difference in price between Torah scrolls, tefillin, and mezuzot written in the Ashkenazic and Sephardic styles?
A: There are three principal traditions regarding the form of the letters. The first is the Beit Yosef script (explained in Beit Yosef, Orach Chaim 36), which is used by the majority of Ashkenazim. The second is the Arizal script, which is used by most Hasidic communities. The Arizal script is essentially identical to the Beit Yosef script, but differs slightly in seven letters (א, ו, ח, ע, צ, ץ, ש). The third tradition is the script used by Sephardim (known as Vellish), which is more rounded and less refined. Therefore, writing it takes less time, and accordingly its price is approximately one-third lower than that of the other scripts.
Ideally, every person should continue the custom of his forefathers and acquire a Torah scroll, tefillin, and mezuzot according to their tradition. However, according to the strict halachic law, one fulfills the obligation with any of these scripts. Likewise, members of all communities may receive an aliyah to a Torah scroll written in any of the scripts, and one who needs to wear another person’s tefillin may wear the tefillin of someone from another community and recite the blessing (Peninei Halakha: Chaftzei Kodesh 10:10, note 7).
May a Sephardi Wear an Ashkenazi’s Tefillin?
Q: I have heard that it is forbidden for a Sephardi to wear an Ashkenazi’s tefillin because they were written according to the Taz’s method, which is invalid for Sephardim. Is this correct?
A: This indeed was the ruling of Rabbi Ovadia Yosef (Yechaveh Da’at 4:3) and Ish Matzliach (vol. 1, Yoreh De’ah 44). However, in practice it appears that the opinion of those who maintain that, in a time of need, a Sephardi may wear an Ashkenazi’s tefillin is correct (as implied by the Chida, Chaim Sha’al 1:59). Likewise, it was transmitted in the name of Rabbi Ezra Attiya that, on a temporary basis, Sephardim may recite the blessing over tefillin written according to the Taz’s method (Sefer HaZikaron Knesset Ezra, p. 89, letter 4).
This issue is complex, and I will endeavor to explain it. The space between the third section, “Shema,” and the fourth, “Vehayah Im Shamoa,” must be that of a closed paragraph (parashah setumah). However, since each section must be written in a separate column, it is impossible to create the space in the usual manner, namely, a blank space of nine letters in the middle of the line. The early authorities disagreed as to how the fourth section should begin. According to the Rosh, one should leave a blank space equal to an entire line at the beginning of the section. According to the Rambam, one should begin the fourth section after leaving the space of nine letters. Since it is impossible to satisfy both methods, one must decide in accordance with one of them, and the accepted practice follows the Rambam (Shulchan Aruch, Orach Chaim 32:36).
However, several later authorities, among them the Taz (32:26), introduced a novel approach by which one can satisfy both methods. At the end of the third section, one leaves a blank space of less than the measure of nine letters, and the fourth section begins after fewer than nine letters. Since there is no continuous blank space of nine letters in any one place, according to all opinions it is considered a closed paragraph. This was also the ruling of the Maharshal, Maharam Padua, and Rema of Fano, and many Ashkenazim adopted this practice.
On the other hand, some maintain that since there is no uninterrupted blank space of nine letters, it is not considered a new paragraph but rather a continuation of the previous paragraph, rendering the tefillin invalid. This is the ruling of several of the leading Sephardic rabbis.
Why One May Rule That the Blessing May Be Recited
Beyond the fact that it is preferable to adopt the opinion that minimizes the disagreement between the communities, this conclusion is also correct according to the principles of halachah, based on the rules of safek sefeika (a double doubt).
- A) It is possible that these tefillin were written according to the Rambam’s method, since there are Ashkenazim who follow that practice, and generally the owner of the tefillin is unaware of it.
- B) Even if the tefillin were written according to the Taz, there are halachic authorities who maintain that this is the preferred method from the outset.
- C) Even if they were written according to the Taz, since several leading halachic authorities maintain that a blank space of only three letters at the beginning of the line is sufficient to create a closed paragraph, the tefillin are valid even according to the Rambam. Moreover, the Chida (Chaim Sha’al 1:59) wrote that this is, in fact, the Rambam’s own opinion.
- D) It is possible that at the end of the Shema section there is a blank space of three letters, in which case, according to several important halachic authorities, the section is considered an open paragraph (parashah petuchah). Many authorities maintain that the spacing of an open paragraph is also valid there (Ha’Itur, Orchot Chaim, Rema 32:36; Aruch HaShulchan 58–59, according to the Rambam).
- E) Even if the spaces that were left do not create the required paragraph spacing, some authorities maintain that a closed paragraph in tefillin does not require such a space at all, or requires only a smaller space (Perishah 288:14 according to the Rosh and the Tur; Riaz in Shiltei HaGiborim on the Rif, Hilchot Mezuzah 5; Eshkol, Hilchot Mezuzah, p. 71b. This also emerges from the Ra’avyah, Megillah, end of §548, and the Or Zarua, Hilchot Megillah 373, who maintain that the closed paragraphs of tefillin and mezuzot require a smaller space).
This article appears in the ‘Besheva’ newspaper and was translated from Hebrew.
