Mishneh Torah (Moznaim)
Featuring a modern English translation and a commentary that presents a digest of the centuries of Torah scholarship which have been devoted to the study of the Mishneh Torah by Maimonides.
Mishneh Torah (Moznaim)
Featuring a modern English translation and a commentary that presents a digest of the centuries of Torah scholarship which have been devoted to the study of the Mishneh Torah by Maimonides.
Ta’anit 6a relates that the rainy season in Eretz Yisrael begins in the month of Marcheshvan. The third of the month is considered to be the earliest time rain can be expected to descend.
In other lands, such fasts should be held when, ,ל”ע they are necessary according to the local needs and climate (Halachah 10; Shulchan Aruch, Orach Chayim 575:9).
The rains have already been delayed. To hasten the manifestation of Divine blessing
and repent. Nevertheless, the situation is not serious enough to alarm the people at large.
i.e.; the Monday closest to the seventeenth of Marcheshvan, for, as explained in Chapter 1, Halachah 5, a series of communal fasts should always begin on a Monday.
These fasts begin at dawn; work, anointing oneself, wearing shoes, and sexual relations are permitted.
The Shulchan Aruch ( Orach Chayim 575: 1) emphasizes that these fasts are considered individual fasts and not communal fasts.
At certain times, ordinary students are advised to ref rain from accepting stringencies intended f or the Torah sages, lest they appear overly proud. In this instance, however, Ta’anit 10b suggests that all students of the Torah accept these fasts if possible.
The drought is considered serious enough to warrant that
If, however, Rosh Chodesh Kislev itself falls on a Monday, the fast is not held until the Monday of the f ollowing week.
As mentioned in Chapter 1, Halachah 5, when necessary the court ordains a series of three fasts to evoke Divine favor.
until dawn, or until one goes to sleep. (See Chapter 1, Halachah 8.)
See Hilchot Klei Hamikdash 3:9, which states that the prophet Samuel and King David ordained 24 priestly watches, which rotated in the Temple service. Each week, a different watch would serve.
This leniency includes even the members of the families who are not obligated to serve in the Temple on that day, for many sacrifices may be brought unexpectedly and they may be called to assist in the service. Were they to be fasting, they would not be able to perform this service properly (Ta’anit 2:6).
i.e., the prayer Anenu is recited in the Shemoneh Esreh, and other supplicatory prayers are recited.
The trumpets, however, are not sounded.
By choosing this wording (quoted from Ta’anit 1:6), the Rambam teaches us a lesson in the service of God. It could have said, “If these fasts pass without rain having descended.” The Rambam and the Mishnah, however, want to emphasize that the ultimate reason why rain descends or does not descend is not dependent on natural factors, but rather on God’s mercies.
of a more severe nature.
There are some texts of the Mishneh Torah that read “[starting on] a Monday, [and continuing on] the [following] Thursday, and the [following] Monday,” and other texts read “[starting on] Thursday, [and continuing on] the [following] Monday, and the [following] Thursday.”
The difference between these two versions depends on the difference of opinion mentioned in the commentary on Chapter 1, Halachah 5, concerning the question: Should the second series of fasts begin on a Thursday or not?
I.e., as on Yom Kippur, we are forbidden to eat and drink after sunset.
because these fasts are more severe and also because, at the beginning of the day, it was less likely that they be called to assist in the Temple service
lest they become weak and be unable to serve in the Temple when called.
for the above reason.
concluded his meal
for this is considered as if he accepted the fast upon himself
The Ramban and the Maggid Mishneh diff er with the Rambam on this point and maintain that as long as one has not made an explicit statement to the fact that one has accepted the fast, one is allowed to change one’s mind and eat. The rationale f or their ruling is that, as explained above, on these fasts, in contrast to Y om Kippur, there is no obligation to begin the fast bef ore sunset.
With regard to the laws of Tish’ah B’Av—and from there we can extrapolate to the instance at hand—the Shulchan Aruch (Orach Chayim 553:1) accepts the Ramban’s ruling. The Mishneh Berurah 553:2, however, states that a mental resolve to accept the fast is also sufficient to cause one to be forbidden to eat further.
As the Rambam mentions in Chapter 1, Halachah 4, all the fasts mentioned in this text are Rabbinic in origin. The only fast mentioned in the Torah is Yom Kippur. Accordingly, when the Sages instituted communal fasts, they used Yom Kippur as a paradigm. Theref ore, just as it is forbidden to perf orm work, wash, anoint oneself, engage in sexual relations, or wear shoes on that holy day, these activities were also forbidden on other fast days.
Nevertheless, on fast days other than Yom Kippur, certain leniencies were instituted, and these restrictions were not enforced to the same degree as on Yom Kippur.
Ta’anit 12b brings support for this concept from the exegesis of Joel 2:15: “Sanctify the fast day; call an assembly, and collect the elders.” The word for “assembly,” עצרה, resembles the Biblical name for the holiday of Shavuot, עצרה. Just as it is forbidden to work on Shavuot, so too, it is forbidden to work on a fast day.
Ta’anit, ibid., continues using exegesis to show that, in contrast to Shavuot, working on the night of a fast day is permitted.
but one may wash one’s body with cold water (Shulchan Aruch, Orach Chayim 575:3).
even in hot water (loc. cit. ).
to ensure that this prohibition is observed.
for the sake of pleasure.
or for medicinal reasons (Mishnah Berurah 575:7).
This applies even on the night of a woman’s ritual immersion (Mishnah Berurah 575:8).
for making a journey without proper shoes is extremely uncomf ortable.
As opposed to the following sequence of fasts, whose prayer services are held in the streets of the city, as explained in Chapter 4.
The trumpets, however, are not sounded.
The Rambam, based on his interpretation of Ta’anit 14a, does not consider the nature of the situation during the first two sets of fasts serious enough to warrant that these women fast. During these seven fasts, in contrast, the drought has become a real danger. Hence, they are also required to fast.
This ruling is not accepted by many other authorities. Most follow Rashi’s interpretation of the passage, which requires these women to fast during the second set of three fasts only. The rationale for that ruling is that he feels that the drought has already become serious enough to warrant their fasting during the second set of three fasts. In principle, these women should also fast during the final seven fasts, but the Rabbis felt that such a long period of fasting would be too taxing for them. Hence, they restricted their fasts to the second set alone. This is the ruling quoted by the Shulchan Aruch ( Orach Chayim 575:5).
The sc;1-me applies to other individuals who are ill and would suffer from the fast.
lt is significant to mention the statement of the Ramah (Orach Chayim, ibid.), “It is f orbidden f or them to be stringent with themselves and fast.”
Because of the severity of the situation, the leniencies that applied in the previous sets of fasts were withdrawn, and the men of the priestly watch who were not required to serve in the Temple that day were required to complete the fast. Even those who were required to serve in the Temple on that day (the men of the beit av) were obligated to fast for a portion of the day.
Nevertheless, with the exception of the factors mentioned in the following halachah, these fasts are also not more severe. Hence, the leniencies with regard to work, washing, anointing oneself, and wearing shoes mentioned in the previous halachah also apply.
The first four points mentioned in this halachah are described at length in Chapter 4.
as required in a time of distress (Chapter 1, Halachah 1). In Chapter 4, Halachot 14-17, the manner in which the trumpets are sounded is explained.
See Chapter 4, Halachah 1
See Chapter 4, Halachah 2
See Chapter 4, Halachot 7-14
Although the Talmud does not mention that these six
lessings were added in both prayer services, were this not to be the case, it would have been proper to state that they were added only in the morning service (Maggid Mishneh).
More precisely 25. The Rambam is quoting the Mishnah (Ta’anit 2:2), which refers to the era before the nineteenth blessing was added to the daily Shemoneh Esreh. (See Hilchot Tefillah 2:1.)
with the leniencies to be mentioned. The stores are closed to intensify the people’s consciousness of the fast (Rashi, Ta’anit 14b ).
From the Shulchan Aruch ( Orach Chayim 575:4), the Ramah, and other commentaries, it appears that the leniencies mentioned here refer only to stores that sell f ood, but not those that carry other merchandise.
but they should not be opened completely
to allow people to purchase food for the evening meal. There are, however, certain restrictions; f or example, the products in the store may not be taken out to the store’s display area (Rambam’s Commentary on the Mishnah, Ta’anit 1:6).
The following restriction should be adhered to:
From the Rambam’s Commentary on the Mishnah (loc. cit. ), it appears that this restriction applies on Mondays as well as on Thursdays.
A bench for the storekeeper and/or customers to sit and a place for merchandise to be placed.
Rashi, Ta’anit 14b, explains that the display area prevents the entrances to the store from being seen. Hence, there is no difficulty in leaving them both open.
no other communal fasts are ordained, as explained in the following halachah. The fact that no other fasts are called does not mean that the community may return to their ordinary pattern of conduct. Quite the contrary: the period is regarded as one of Divine disfavor. Hence,
The restrictions that follow were instituted to reduce joy. In contrast, this restriction appears to include all commercial
ctivity, even that which is not directed associated with happiness (Lechem Mishneh ). Seemingly, the intent is that since the time. is not favorable, it is unwise to invest money and effort in commercial endeavors (Kinat Eliyahu).
There are, however, authorities who maintain that here also, the restriction involves only commercial activity associated with joy—e.g., preparing for a child’s wedding or purchasing valuable articles, but ordinary business activities are permitted (Mishnah Berurah 575: 18).
In his Commentary on the Mishnah (Ta’anit 1 :7), the Rambam states that this refers to ornate buildings erected by the wealthy. There is, however, no restriction on ordinary building projects necessary for one’s everyday purposes.
The Shulchan Aruch (Orach Chayim 575:7) describes the prohibition as applying to “buildings of joy.” The Mishnah Berurah 575:18 (based on the Tur) explains that this refers to all buildings that are unnecessary and are constructed f or beauty and comfort.
In this instance, the differences between Hebrew and English have caused our translation to be non-literal. In Hebrew, the word נטיעה refers to both planting trees and setting up tents.
In his Commentary on the Mishnah (ibid. ), the Rambam explains that this refers to spice and flower gardens planted f or pleasure. One may, however, plant orchards for the purpose of growing fruit. There are no restrictions on such activity.
This also refers to tents set up for festive purposes; there is no restriction against pitching tents for ordinary purposes.
The Beit Yosef (Orach Chayim 575) interprets this to mean that a person who has fulfilled the mitzvah of f athering children should not become betrothed or marry at all.
This involves fathering a son and a daughter. (See Hilchot Ishut 15:4.)
Ta’anit 1 la derives this concept from Genesis 41 :50, which states that Joseph’s children were born before the famine. One can infer that during the famine he did not engage in relations.
This restriction was instituted because it is proper to reduce our indulgence in pleasure in a time of communal distress.
Needless to say, frivolity and jests are also forbidden.
A person under a ban of ostracism is f orbidden to greet others or to return greetings. Hence the above prohibition.
Ta’anit 14b states that it is proper to cover one’s head with a cloak as mourners do. Nevertheless, neither the Rambam nor the Shulchan Aruch quotes this obligation (perhaps because even mourners did not generally observe this custom after the Talmudic era).
lest the person become offended (Rashi, Ta’anit 14b); but when doing so, they should respond
so that he will appreciate that the greeting was not in place.
The commentaries do not mention whether it is preferable that all the students of the Torah join in these fasts, as was stated in Halachah 1. One might presume, however, that they should. Indeed, the entire community should have been required to observe these fasts, and it is only because the Rabbis thought that this would be too difficult f or them that they were released f rom this obligation.
As mentioned in the commentary on Chapter 1, Halachah 5, and in
alachah 3 of this chapter, there are opinions that maintain that if a cycle of fasts ends on Monday—as does the cycle of the seven communal fasts—the next cycle of fasts may be started on the Thursday of that week. Other opinions—and these are followed by the standard published text of the Mishneh Torah—maintain that all cycles of fasts begin on Monday. Hence, if a cycle of fasts ends on Monday, the next cycle begins on the following Monday.
This diff erence of opinion involves much more than one day, f or these fasts are decreed in series of three. Thus, according to the opinion followed by the standard texts, the scholars would fast three days in every two weeks for the duration of the period. The other view, in contrast, would require them to fast on every Monday and Thursday
Ta’anit 1:7 states that these fasts should continue “until Nisan passes.” In the Jerusalem Talmud’s explanation of this Mishnah, it is explained that this refers to Nisan
which always begins in the month of Nisan. In Hilchot Kiddush HaChodesh 9:3, the Rambam defines the beginning of spring as the time the sun enters the zodiac constellation of the goat. This is the beginning of April according to the secular calendar.
Ta’anit 14b considered thirteen fasts as the maximum a community should be required to undertake for this reason. More f asts would be considered an excessive burden. (Significantly, according to Kabbalah, the number thirteen is identified with God’s attributes of mercy.)
As mentioned in the commentary on Chapter 1, Halachah 4, this limit applies only regarding fasts decreed because of a lack of rain. When communal fasts are decreed because of other distressing circumstances, we should continue fasting until our prayers are answered.
i.e., the fast begins at dawn. See Chapter 1, Halachah 8.
These restrictions apply only on Yom Kippur, Tish’ah B’Av, and the latter ten fasts decreed because of a lack of rain.
As mentioned in Chapter 1, Halachah 9, an individual should not fast on these days. Although many individuals may participate in these fasts, they are still deemed individual—and not communal—fasts.
one month after the spring season begins
i.e., the zodiac constellation
This is at the beginning of the secular month of May.
Since the land has already become parched, the rain will be of no benefit. For God to display His beneficence at such a time, after the time had passed when the rain could have helped, is a further sign of Divine disfavor (Rav Ovadiah of Bertinoro ).
As mentioned, in Eretz Yisrael, the rainy season should begin at the start of Marcheshvan.
The Mishnah Berurah 575:24 states that this applies even if a country’s rainy season begins after Shavuot. Note also Hilchot Tefillah 2: 16-17, in which the Rambam discusses the question of requesting rain in lands other than Eretz Yisrael. This question is particularly relevant in regard to countries in the southern hemisphere.
For individual fasts should not be held on these days.
This is approximately the time between the conclusion of the three f asts begun on the seventeenth of Cheshvan, and the beginning of the second series of f asts after Rosh Chodesh Kislev. (See Kessef Mishneh.)
As explained in the following halachah, there are, however, certain differences in the severity of the fasts.
Until dawn. See Chapter 1, Halachah 8.
See Halachah 9. Thus, there are no prohibitions against work, washing, anointing oneself, sexual relations, and wearing shoes on these fasts.
Ta’anit 11b states, “There is no communal fast in Babylon other than Tish’ah B’Av”—i.e., in Babylon, there is no fast as severe as Yom Kippur, with the exception of Tish’ah B’Av. Significantly, Tosafot (loc. cit.) and Rashi (Pesachim 54b) explain that this refers to the land of Babylon, where rains were always plentiful and there was never a need f or fasts.
The Rambam—and other commentaries and authorities, including the Shulchan Aruch ( Orach Chayim 575: 10)—explain that the law which applies to Babylon, applies to the entire diaspora. It is not that there can be no need f or a communal fast of this nature, but rather that, outside of Eretz Yisrael, the Jewish court lacks the authority to declare such a fast. (See the Jerusalem Talmud, Ta’anit 2:1.)
The Ramban explains that the reason f or the lack of authority is that there is no Nasi in the diaspora, and the declaration of a communal fast would require his approval. The Rashba states that the lack of authority stems from the lack of judges who have received the semichah (ordination) extending back in a chain to Moses. (See Hilchot Sanhedrin, Chapter 4.) According to these opinions, even in Eretz Yisrael today it is impossible to ordain communal fasts of this nature. Note the gloss of the Birkei Yosef on the Shulchan Aruch (Orach Chayim 575), where this concept is discussed and a rationale is given for fasting in Eretz Yisrael today.
(Homiletically, it can be explained that the unity necessary to establish a community is possible only in Eretz Yisrael. In contrast, in the diaspora our greater involvement with material affairs prevents the establishment of true oneness among our people.)
Thus, such severe f asts are not ordained f or any of the other difficulties mentioned in the second chapter. Although the Ramban differs with the Rambam on this point, the Rambam’s view is accepted as halachah.