What Dates Are Good to Go to Court?

Question:

I know that the days from the first until the ninth of Av are considered bad days for the Jewish people and that I should try not to have a court case during that time, as the mazal of the Jewish people is not so good. I was wondering, however, how long that lasts for? Is pushing off the court date until the 10th of Av sufficient?

Answer:

In the Talmud,1 after learning that we are to decrease our joy with the onset of the month of Av, Rav Pappa is recorded to have said: Therefore a Jew who has a dispute with a gentile should delay legal proceedings during the month of Av, because his mazal is weakened.

This would make it seem as if the entire month is not good. And, indeed, Rabbi Abraham Gombiner (17^th Century) writes in his authoritative commentary to the Code of Jewish Law2 that one should try to delay his court dates until the following month of Elul.

However Rabbi Netanel Weil3 (18^th Century) has a different take on the matter. He points out that Rav Pappa's teaching comes in continuation to the directive that we are to decrease in joy when Av arrives. Now, the mourning period of Av culminates with the 9^th of Av. It therefore follows that Rav Pappa's statement is also similarly qualified.

Rabbi Weil then brings support from the Zohar,4 which states that "Esau, in his esoteric knowledge, took Av and Tammuz for himself…" The Zohar, however, continues, "But only the first 9 days of Av are his, and no more."5 For this reason, Rabbi Weil concludes that a court case after the 9^th of Av is not reason for concern.