Wednesday, February 07, 2007

Daf Yomi - Taanis 30 - EXCEPTIONS REGARDING THE PROHIBITION AGAINST LEARNING ON TISHA B’AV

We learned in a braisa: All ordinances applicable to a mourner are effective for everyone on Tisha B’Av. One must not eat, drink, anoint himself, wear leather shoes, or engage in marital relations. One is not permitted to read from the Torah, Prophets or the Writings. The Mishna, Gemora, Medrash, Halachos and Aggados may not be discussed. One may read from Scriptures or study from the Talmud in a place that he is not familiar with. He is allowed to read from Lamentations, Iyuv and from the unpleasant verses in Yirmiyah. Schoolchildren must not learn on that day because it is written: "The precepts of Hashem are upright, rejoicing the heart." Rabbi Yehuda disagrees and maintains that one may not even read nor study anything that he is not familiar with.

It is said in the name of the Maharsham that if a person thought of a novel idea in Torah on Tisha B’Av, he is permitted to write it down in an abbreviated manner in order that he does not forget it by the time nightfall arrives.

Aruch HaShulchan (554:5) rules that one is permitted to rule on a Torah related issue that is necessary for that day and he is allowed to settle a dispute after midday, where the litigants are advocating for an immediate resolution.

Maharil Diskin writes that even though the Rav is permitted to issue a ruling on Tisha B’Av, he is forbidden to accept payment.

The Maharsham writes that he compelled himself to conclude a response regarding a heter agunah on Tisha B’Av since the Bach writes: “Kol hamatir agunah achas ke’ilu banah achas mi’churvos Yerushalayim” – Whoever releases one agunah, it is regarded as if he built one of the ruins of Yerushalayim. (Sheorim Mitzuyanim B’halacha)

5 comments:

Seth said...

he can't take payment because of working on tisha bav or something to do with learning?

interesting stuff - thanks

Avromi said...

Good question Seth,

He writes that you cannot say "schar beteila" here. Normally one can take monet for learning because he could be doing something else, however on Tish B'Av one shouldnt be working and although its not prohibited, there is no positive results from it so therefore he cannot take payment. Thanks

Anonymous said...

I had a question are you allowed to learn MIDRASH EICHA

Avromi said...

Im not a posek but i think so, check back here tomorrow to see if i cite a source or change.

Avromi said...

Yes again and its right here O.C. 554:2