Tag Archives: Mourning

The Origins and Kabbalah of Kaddish

This week’s parasha begins with the passing of Sarah, the first Matriarch. We read how Abraham “eulogized Sarah and bewailed her” (Genesis 23:2). Today, the ritual most associated with Jewish death and mourning is undoubtedly the recitation of Kaddish. This has become one of those quintessentially Jewish things that all Jews—regardless of background, denomination, or religious level—tend to be very careful about. It is quite common to see people who otherwise never come to the synagogue to show up regularly when a parent or spouse dies, only to never be seen again as soon as the mourning period is over. Kaddish has become so prevalent that it has gone mainstream, featured in film and on TV (as in Rocky III and in the popular Rugrats cartoon), on stage (in Angels in America and Leonard Bernstein’s Symphony no. 3), and in literature (with bestselling novels like Kaddish in Dublin, and Kaddish For an Unborn Child).

 

Sylvester Stallone, as Rocky Balboa, recites Kaddish for his beloved coach and mentor. 

And yet, the origins of Kaddish are entirely clouded in mystery. It isn’t mentioned in the Tanakh, nor is there any discussion of reciting Kaddish for the dead in the Mishnah or Talmud. Even in the Rambam’s monumental Jewish legal code, the Mishneh Torah—just over 800 years old—there is no discussion of a Mourner’s Kaddish. Where did it come from?

Praying for Redemption

The Talmud refers to Kaddish in a number of places (such as Berakhot 3a, for example), though not in association with mourning the dead. Around the same time, we see a prayer very similar to Kaddish in the New Testament (Matthew 6:9-13), which has since become known as the “Lord’s Prayer” among Christians. This suggests that Kaddish existed before the schism between Judaism and Christianity, and this is one reason scholars date the composition of Kaddish to the late Second Temple era.

Many believe that it was composed in response to Roman persecution. The text of the Kaddish makes it clear from the very beginning that it is a request for God to speedily bring about His great salvation. It certainly makes sense that such a prayer would be composed in those difficult Roman times. In fact, the first words of Kaddish are based on Ezekiel 38:23, in the midst of the Prophet’s description of the End of Days (the famous “Gog u’Magog”), where God says v’itgadalti v’itkadashti. The Sages hoped the travails they were struggling through were the last “birth pangs” of the End Times.

In Why We Pray What We Pray, Barry Freundel argues that Kaddish was originally recited at the end of a lecture or a Torah learning session—as continues to be done today. It likely came at a time when public Torah learning or preaching was forbidden, as we know was the case in the time of Rabbi Akiva. So, the Sages ended their secret learning sessions with a prayer hoping that the Redemption would soon come, and they would once more be able to safely preach in public.

If that’s the case, how did Kaddish become associated with mourning the dead?

The Mourner’s Kaddish

Freundel points out that the earliest connection between Kaddish and the souls of the dead is from the Heikhalot texts. These are the most ancient works of Jewish mystical literature, going as far back as the early post-Second Temple era. (Scholars date the earliest texts to the 3rd century CE). One of these texts reads:

In the future, the Holy One, blessed be He, will reveal the depths of Torah to Israel… and David will recite a song before God, and the righteous will respond after him: “Amen, yehe sheme rabba mevorach l’olam u’l’olmei olmaya itbarach” from the midst of the Garden of Eden. And the sinners of Israel will answer “Amen” from Gehinnom.

Immediately, God says to the angels: “Who are these that answer ‘Amen’ from Gehinnom?” [The angels] say before Him: “Master of the Universe, these are the sinners of Israel who, even though they are in great distress, they strengthen themselves and say ‘Amen’ before You.” Immediately, God says to the angels: “Open for them the gates of the Garden of Eden, so that they can come and sing before Me…”

The Heikhalot connect Kaddish (specifically its central verse, “May His great Name be blessed forever and for all eternity…”) to a Heavenly prayer that will be recited at the End of Days, when the souls in Gehinnom will finally have reprieve. We can already start to see how this might relate to mourning, or spiritually assisting, the recently deceased.

This is related to another well-known story that is by far the most-oft used as the origin of Kaddish. In this narrative, a certain great sage—usually Rabbi Akiva, but sometimes Rabbi Yochanan ben Zakkai—sees a person covered in ash and struggling with piles of lumber. The poor person explains that he is actually dead, and his eternal punishment (reminiscent of popular Greek mythology) is to forever gather wood, only to be burned in the flames of that wood, and to repeat it all over again. The Sage asks if there is anything he could do to help, to which the dead man replies that if only his son would say a particular prayer, he would be relieved of his eternal torment.

The nature of that prayer varies from one story to the next. In some, it is the Shema, in others it is Barchu, and in others it is a reading of the Haftarah (see, for example, Kallah Rabbati 2, Machzor Vitry 144, Zohar Hadash on Acharei Mot, and Tanna d’Vei Eliyahu Zuta 17). It is only in later versions of the story that the prayer the son must say is Kaddish. Whatever the case, between the Heikhalot texts, and these Midrashic accounts, we now have a firm connection linking Kaddish with the deceased.

I believe there is one more significant (yet overlooked) source to point out:

The most important part of the Kaddish is undoubtedly the verse yehe sheme rabba mevorach l’olam u’l’olmei olmaya. As we saw in the Heikhalot above, this is the part that especially arouses God’s mercy. The Talmud (Berakhot 3a) agrees when it says essentially the same thing about the entire congregation reciting aloud “yehe sheme hagadol mevorach”. These special words are based on several Scriptural verses, such as Psalm 113:2 and Daniel 2:20. It also appears in Job 1:21.

Here, Job suffers the death of all of his children. Upon hearing the tragic news, he famously says: “…naked I came out of my mother’s womb, and naked shall I return; the Lord giveth, and the Lord taketh away; blessed be the name of the Lord.” In Hebrew it reads: Adonai natan, v’Adonai lakach, yehi shem Adonai mevorach. The parallel is striking. The first person in history to recite the great “yehe sheme rabba” upon the death of a family member is none other than Job. In some way, Job may be the originator of the Mourner’s Kaddish.

Birth of a Custom

Officially, the earliest known mention of reciting Kaddish for the dead is Sefer HaRokeach, by Rabbi Elazar of Worms (c. 1176-1238). Shortly after, his student Rabbi Itzchak of Vienna (1200-1270) writes in his Ohr Zarua that Ashkenazim have a custom to recite Kaddish upon the dead. He explicitly states that Tzarfati Jews (and as an extension, Sephardic Jews) do not have such a custom.

That much is already clear from the Rambam (Rabbi Moshe ben Maimon, 1135-1204), the greatest of Sephardic sages in his day, who makes no mention of a Mourner’s Kaddish anywhere in his comprehensive Mishneh Torah. (The Rambam does speak about the regular Kaddish, unrelated to the dead, which is recited throughout the daily prayers.) We see that in his time, Kaddish was still a strictly Ashkenazi practice. Why is it that Ashkenazi Jews in particular began to say Kaddish for the dead?

Most scholars believe the answer lies within the Crusades. The First Crusade (1095-1099) was a massive disaster for Europe’s Ashkenazi Jews. While the Crusades were meant to free the Holy Land from Muslim domination, many local Christians argued that there was no need to fight the heathen all the way in the Holy Land when there were so many local Jewish “heathens” among them. The result is what is referred to as “the Rhineland massacres”, described by some as “the First Holocaust”. Countless Jews were slaughtered.

‘Taking of Jerusalem by the Crusaders, 15th July 1099’ by Émile Signol

Like in the times of Roman persecution a millennium earlier, the Ashkenazi Sages sought comfort in the words of Kaddish, beseeching the coming of God’s Final Redemption, and at the same time seeking to honour the poor souls of the murdered. It therefore isn’t surprising that Rabbi Elazar of Worms is the first to speak of Kaddish for the dead, as his hometown of Worms (along with the town of Speyer) was among the first to be attacked, in May of 1096.

It is important to remember that Rabbi Elazar was a member of the Hasidei Ashkenaz, the “German Pietist” movement known for its mysticism and asceticism (not to be confused with the much later Hasidic movement). The Hasidei Ashkenaz would have been particularly well-versed in Heikhalot and Midrashim. Everything points to this group as being the true originators of reciting Kaddish for the dead.

The practice spread from there. Indeed, there was a great deal of Jewish migration in those turbulent times. For example, one of the greatest Ashkenazi sages, Rabbeinu Asher (c. 1250-1327), was born in Cologne, Germany, but fled persecution and settled in Toledo, Spain. His renowned sons, Rabbi Yakov ben Asher (Ba’al HaTurim, c. 1269-1343), and Rabbi Yehudah ben Asher (c. 1270-1349) continued to lead the Sephardic Jewish community of Toledo. And it was there in Toledo that was born one of the greatest of Sephardi sages, Rabbi Yosef Karo (1488-1575), author of the Shulchan Arukh, still the primary code of Jewish law.

In the Shulchan Arukh we read how reciting Kaddish at a funeral is a must (Yoreh De’ah 376:4). We are then told that there is a custom based on the Midrash to continue reciting Kaddish for twelve months, though only for a parent, and possibly only for a father. The reasoning for the latter is entirely different: since it is a father’s obligation to teach his son Torah, by reciting Kaddish the son demonstrates that the father had fulfilled the mitzvah, and left behind a proper Jewish legacy.

It is quite amazing to see that as late as 500 years ago, Mourner’s Kaddish was still defined in very narrow terms, and described as more of a custom based on Midrash than an absolute halachic necessity. How did it transform into a supreme Jewish prayer?

Enter the Arizal

As with many other Jewish practices we find so common today, it looks like it was the influence of the Arizal (Rabbi Isaac Luria, 1534-1572), history’s foremost Kabbalist, that made the Mourner’s Kaddish so universal, and so essential. Fittingly, he was the perfect candidate for the job, being the product of an Ashkenazi father and a Sephardi mother, and ending his life as the leader of the Sephardi sages of Tzfat.

The Arizal discussed the mysteries of Kaddish at great length. Like most of his teachings, they were put to paper by his primary disciple, Rabbi Chaim Vital (1543-1620). The latter devotes a dozen dense pages to Kaddish in Sha’ar HaKavanot. He first explains the various forms of Kaddish recited during the regular prayer services. In brief, we find that Kaddish is recited between the major prayer sections because each part of the prayer is associated with a different mystical universe, and a different Heavenly Palace, and Kaddish facilitates the migration from one world to the next.

Recall that Kabbalah describes Creation in four universes or dimensions: Asiyah, Yetzirah, Beriah, and Atzilut. The four sections of prayer correspond to the four ascending universes: the morning blessings and the first prayers up until Hodu correspond to Asiyah; the Pesukei d’Zimrah corresponds to Yetzirah; the Shema and its blessings parallel Beriah; and the climax of the prayer, the Amidah, is Atzilut, the level of pure Divine Emanation. For this reason, the Amidah is recited in complete silence and stillness, for at the level of Atzilut, one is entirely unified with God.

The Arizal delves in depth into the individual letters and gematrias of Kaddish, its words and phrases, and how they correspond to various names of God and Heavenly Palaces. He relays the proper meditations to have in mind when reciting the different types of Kaddish, at different stages of prayer. To simplify, the Arizal teaches that Kaddish helps us move ever higher from one world to the next, and more cosmically, serves to elevate the entire universe into higher dimensions. We can already see how this would be related to assisting the dead, spiritually escorting the soul of the deceased higher and higher through the Heavenly realms.

More intriguingly, Rabbi Vital writes that Kaddish is meant to prepare the soul for the Resurrection of the Dead. He goes on to cite his master in saying that Kaddish should be recited every single day, including Shabbat and holidays, for an entire year following the passing of a parent. He says that Kaddish not only helps to free a soul from Gehinnom, but more importantly to help it attain Gan Eden. It elevates all souls, even righteous ones. This is why one should say Kaddish for a righteous person just as much as for a wicked person, and this is why it should be said even on Shabbat (when souls in Gehinnom are given rest). Rabbi Vital then says how the Arizal would also say Kaddish every year on the anniversary of his father’s death, which is now the norm as well.

Ironically, while Kaddish began as an Ashkenazi custom, Rabbi Vital writes that the Arizal made sure to recite Kaddish according to the Sephardi text!

Repairing the World

Another interesting point that Rabbi Vital explains is why Kaddish is in Aramaic, and not Hebrew like the rest of the prayers. He reminds us the words of the Zohar that both Hebrew and Aramaic are written with the exact same letters because these are the Divine Letters of Creation, but Hebrew comes from the side of purity and holiness, while Aramaic is from the “other side” of impurity and darkness. Hebrew is the language of the angels, while Aramaic is the language of the impure spirits. The angels speak Hebrew, but do not understand Aramaic, while their antagonists speak Aramaic, and do not understand Hebrew. When we learn Torah and Mishnah, in Hebrew, we please the angels who take our words up to Heaven. When we learn Talmud and Zohar, in Aramaic, we destroy those dark spirits who cannot stand the fact that a person is using their tongue for words of light and holiness.

The same applies to our prayers. The bulk of our prayers are in holy Hebrew, the language of angels. Kaddish is in Aramaic because it is meant to elevate us, and the universe around us, into higher dimensions. In this vital task, we cannot risk elevating the impure spirits along with us, contaminating the upper worlds. Thus, by saying it in Aramaic, we push away the impure spirits who are unable to withstand us using their language in purity. Those evil forces are driven away, and we can ascend and rectify in complete purity.

This, in brief, is the tremendous power of Kaddish. This is why we recite it so many times over the course of the day. And this is why every Jew is so mysteriously drawn to this prayer and ritual, possibly above all others. Deep inside the soul of every Jew—regardless of background, denomination, or religious level—is a yearning to repair the world, to destroy the impure, to uplift the universe, and to recite loudly: “May His great Name be blessed forever and for all eternity…”

The Right Way to Observe the “Three Weeks”

‘The Flight of the Prisoners’ by James Tissot, depicting the Jewish people’s exile after the destruction of the First Temple.

The “Three Weeks” refers to the period between the fast days of the seventeenth of Tamuz and the ninth of Av. The Talmud describes five tragedies that happened on each of these fast days, culminating with the destruction of both Holy Temples in Jerusalem on Tisha b’Av. Over the centuries, many customs have emerged with regards to this time bein hameitzarim, “between the straits”. Today, it has essentially become a three-week mourning period—even though the Talmud and other early texts say nothing about it. Furthermore, many have come to believe that this is an “unlucky” or “dangerous” time for the Jewish people, and thus abstain from various activities. What is the origin of these customs and how should they be followed?

Surprises in the Talmud

Throughout the Three Weeks period it is customary to abstain from shaving and haircuts, as well as listening to music. Generally, weddings are not held (with minor exceptions), and saying the blessing of shehecheyanu (on new clothes, fruits, or other) is discouraged. The mourning intensifies once the month of Av begins. Henceforth, the consumption of meat and wine is restricted, as is bathing for pleasure, doing laundry, or purchasing valuable new things. The source for most of these prohibitions is in the Talmud (Ta’anit 26b-30a), where we read:

With the beginning of [the month of] Av, rejoicing is curtailed. During the week in which the ninth of Av falls, it is forbidden to cut hair and to wash clothes, but on Thursday it is permissible in honour of the Sabbath. On the eve of the ninth of Av, one may not partake of a meal of two courses, nor eat meat, nor drink wine.

The Mishnaic statement above simply states that once the month of Av begins, one must lessen their joy. This would presumably include going to parties and weddings, and listening to music (which, in those days, could only be enjoyed live). Still, it is only speaking of the first days of Av, not of a three week period from the seventeenth of Tamuz. The Mishnah then states that in the actual week in which Tisha b’Av falls, one should abstain from haircuts and laundry (of course, this is permissible if preparing for Shabbat, the honour of which is greater than any mourning custom). The Talmud then debates this Mishnah:

…it is forbidden to cut the hair and to wash clothes from the beginning of the month until after the fast—this is the opinion of Rabbi Meir. Rabbi Yehudah says: It is forbidden the whole month. Rabban Shimon ben Gamaliel says: It is forbidden only on that particular week. … Rava said: The halachah is according to Rabban Shimon ben Gamaliel. And Rava further said: The halachah is according to Rabbi Meir. And both decisions are in favour of the more lenient practice, and both are needed [to be stated]. For had it only been stated that the halachah is according to Rabbi Meir, I might have said that the restriction is in force from the beginning of the month, therefore it is also clearly stated that the halachah is according to Rabban Shimon ben Gamaliel. And had it only been stated that the halachah is according to Rabban Shimon ben Gamaliel, I would have said that the restriction continues even on the days after [Tisha b’Av], therefore it is clearly stated that the halachah is according to Rabbi Meir.

There were three schools of thought in those days: Rabbi Meir held that we mourn from the start of Av until the fast; Rabban Shimon that we only mourn during the week of Tisha b’Av itself; and Rabbi Yehudah was the most stringent, holding that the entire month of Av is mournful. The halacha originally favoured Rabban Shimon, however this presented an ambiguity: If we are meant to mourn in the week of Tisha b’Av, does that mean we must continue to mourn for the remainder of the week after the fast is over? To clarify, Rava combines the view of Rabban Shimon and Rabbi Meir, and concludes that we mourn until the fast, and not after. For this reason, today’s custom is to intensify the mourning practices in the week of Tisha b’Av itself.

Finally, the Mishnah states that in the very last meal one eats before the fast begins, they should avoid meat and wine. The Talmud once more elaborates:

Rav Yehudah said: This restriction applies to any time after midday, but not to any time before midday. Rav Yehudah further said: It applies only to the concluding meal [before the fast] but not to any other meal… One who has a meal on the eve of Tisha b’Av with the intention to have another meal [later], he may eat meat and drink wine; but if not, he may not eat meat nor drink wine.

The Talmud makes it clear that one need only abstain from meat and wine in the very last meal before the fast begins. There is no Talmudic basis for avoiding meat and wine from Rosh Chodesh Av. In fact, the Talmud goes on to state that while Rabbi Meir said one should avoid meat and wine in that final meal, the rest of the Sages said one should only lessen his consumption of meat and wine:

How should one restrict? If he was in the habit of eating one pound of meat he should eat one half only; if it is his usual practice to drink one log of wine he should drink one half log only…

The Talmud later clarifies that salted meat and new wine is always permitted. It is only fresh meat and the finer, aged wine that shouldn’t be consumed! Despite this, many Jewish communities became more and more stringent over the centuries, and took upon themselves to avoid all meat and wine from the start of the month. Rav Ovadia Yosef held that since it is already an ancient custom, it should be continued. Interestingly, the Yemenite Jews had no such custom, and only abstained from meat and wine in that final meal before the fast, as the Talmud requires. Nonetheless, Rav Ovadia encouraged them to take on the more stringent custom, especially because now they were living in Israel where destruction of the Temple is felt more pressingly.

The Talmud also mentions the custom of bathing:

At the meal intended to be the concluding one before Tisha b’Av, it is forbidden to eat meat or to drink wine, or to bathe after the meal. At the meal which is not intended to be a concluding meal prior to Tisha b’Av, it is permissible to eat meat and to drink wine, but not to bathe. Rabbi Ishmael bar Yose said in the name of his father: So long as it is permissible to eat meat it is also permissible to bathe.

The Talmud at first suggests that bathing may be one of those things one shouldn’t do the week of Tisha b’Av. Rabbi Ishmael comes to conclude that as long as eating meat is allowed, so is bathing. Thus, from a Talmudic perspective alone, bathing is permitted right up until the final meal of Tisha b’Av.

Laying Down the Law

The Rambam, aka. Maimonides

In the 12th century, the Rambam (Rabbi Moshe ben Maimon, 1135-1204) produced his monumental Mishneh Torah, the first complete, comprehensive, and conclusive Jewish book of laws. While many more law books have been laid out since then, the Mishneh Torah is seen by many as the gold standard. Some hold that it is the greatest law code in Judaism (with the Rambam regularly compared to Moses himself), and there are those today who consider themselves “Rambamists” that strictly follow the dictates of the Mishneh Torah.

There are many reasons why the Mishneh Torah is so great. For one, the Rambam wrote it succinctly, clearly, with no grey areas, and covering every aspect of Judaism. (In fact, he himself writes in the introduction that one need only read Scripture and his Mishneh Torah to know essentially everything about Judaism!) Secondly, the Rambam did not include any customs of non-Jewish origin or of an irrational nature, of which there are unfortunately quite a lot today. He was precisely logical and practical in his halacha. On a related note, the Rambam completely avoided anything Kabbalistic, mystical, or magical. He utterly rejected the belief in evil spirits and demons that would later become more popular (partly due to Christian and Muslim influence). Thus, the Rambam’s law code may be described as a pure, unadulterated compendium of authentic Judaism. (For more on the Mishneh Torah’s supremacy, see here.)

With that in mind, this is what the Mishneh Torah (Hilkhot Ta’aniot, 5:6-8) says about the Three Weeks:

When the month of Av enters, we reduce our joy. During the week of Tisha b’Av, it is forbidden to cut one’s hair, to do laundry, or to wear a pressed garment—even one of linen—until after the fast.

It has already been accepted as a Jewish custom not to eat meat or enter a bathhouse during this week until after the fast… One should not eat meat or drink wine at the meal before the fast. One may, however, drink grape juice that has not been left [to ferment] for three days. One may eat salted meat that was slaughtered more than three days previously. One should not eat two cooked dishes.

When does the above apply? When one ate in the afternoon on the day preceding Tisha b’Av. If, however, one eats a meal before noon, although this is the last meal one eats before the fast, one may eat all that one desires.

When the day before Tisha b’Av falls on the Sabbath, one may eat and drink to the full extent of one’s needs, and one may serve even a meal resembling Solomon’s feasts at one’s table. Similarly, when Tisha b’Av falls on the Sabbath, one need not withhold anything at all.

We see from the Rambam that all of the prohibitions really only kick in the week of Tisha b’Av itself. He rules that one is only forbidden from partaking meat and wine in the afternoon of the day preceding Tisha b’Av, though there is an established custom to avoid meat the entire week. And if Tisha b’Av falls on Shabbat (as it does this year), then there is essentially no mourning at all. This last statement likely reflects the position of Rabbi Yehudah haNasi (the redactor of the Mishnah), who said that the fast of Tisha b’Av should be cancelled if it falls on Shabbat. (Others say he wanted to abolish the fast entirely!)

If that’s the case, how did we go from minimal mourning in the time of the Talmud—and even in the time of the Rambam just over 800 years ago—to today’s extensive three week period?

The Influence of Midrash and Kabbalah

On Tisha b’Av it is customary to read Megillat Eichah, the Book of Lamentations. This is the prophet Jeremiah’s gruesome account of Jerusalem’s destruction. Jeremiah writes: “Judah went into exile because of affliction and great servitude; she settled among the nations, [and] found no rest; all her pursuers overtook her bein hameitzarim [between the straits].” (Lamentations 1:3) Rashi cites two meanings for the term “between the straits” or “between the boundaries”. The simple meaning is that it refers to the borders of the Jewish people’s former farms and vineyards which have been destroyed. He then cites the Midrash by stating that “between the straits” also refers to the three week period between the seventeenth of Tamuz and Tisha b’Av.

An artist’s rendition of the hairy and ocular “Ketev Meriri”

Going directly to the source, the Midrash (Eichah Rabbah 1:29) suggests that “her pursuers overtook her bein hameitzarim” means that there is an evil spirit that is particularly strong during the Three Weeks, and has the power to pursue and hurt the Jewish people. The Midrash calls this evil spirit Ketev Meriri (קֶטֶב מְרִירִי), which is mentioned just a single time in the Torah (Deuteronomy 32:24), in parashat Ha’azinu: “The wasting of hunger, and the devouring of the fiery bolt, and Ketev Meriri; and the teeth of beasts will I send upon them, with the venom of crawling things of the dust.” Although usually translated as “bitter destruction”, or a “plague”, or “bad vapour”, some hold that Ketev Meriri is some kind of evil entity or demon out to hurt the Jewish people.

The Midrash in question says it is a demon entirely covered with eyes and hair, and anyone who looks upon it immediately dies. While it is allowed to roam free during the Three Weeks, it is only active “between the end of the fourth hour and the start of the ninth hour of the day, and it goes neither in the sun nor in the shade, but right along the border between a sunny and shaded area.” So, this Ketev Meriri is only found for several hours in the day during the Three Weeks, and can only cause damage if a person is standing or walking, alone, right between a sunny and shaded area! This sounds like plain old superstition, which is precisely why the Rambam rejects it outright.

Maran Yosef Karo, aka. the “Mechaber”

Nonetheless, it is mentioned in the Shulchan Arukh (Orach Chaim, 551:18), which warns to beware of Ketev Meriri during the Three Weeks, between the fourth and ninth hour of the day. It is important to remember that the Shulchan Arukh was composed by Rabbi Yosef Karo (“Maran”, 1488-1575), one of the great Tzfat Kabbalists. Although generally speaking he, too, sought to keep his updated law code free of Kabbalah, one who reads the Shulchan Arukh will undoubtedly see how mystical concepts and practices permeate it. This is one key difference between the Rambam’s Mishneh Torah and Maran’s Shulchan Arukh. Of course, the latter went on to become the authoritative law code of Judaism.

In recent centuries, even more superstitious fear developed among certain Jews, worrying that something horrible will happen during the Three Weeks. And over time it became customary to avoid going swimming, partaking in any kind of “risky” activity, or even flying in an airplane. Under such conditions, it is only natural that the entire Three Week period became one of pretty intense mourning.

Yet, even the Shulchan Arukh does not speak of such intense mourning. It, too, begins by speaking of mourning from the start of Av. And it is only in the week in which Tisha b’Av itself falls that haircuts and laundry are prohibited (Orach Chaim, 551:3). The same is true for consuming meat and wine, although Maran mentions other customs to abstain from meat and wine from Rosh Chodesh, or even from the seventeenth of Tamuz. He concludes that one who eats meat when his community does not is a sinner and will be—to borrow a Talmudic term—“bitten by a snake”.

The Shulchan Arukh also lists two different customs for bathing: some abstain from Rosh Chodesh, and others only in the week of Tisha b’Av. And then we are told that some fast every single day during the Three Weeks! (551:16) We see how, unlike the Rambam’s Mishneh Torah, which is clear as to precisely how a Jew should act, the Shulchan Arukh lists numerous varying customs. This is another critical difference between the two law codes.

Summarizing the Law

To conclude, if one wants to observe the mourning period strictly as mandated by the Talmud, Mishneh Torah, and even the Shulchan Arukh, one need only abstain from music and festivities from the start of Av, and abstain from bathing, cutting hair, and laundering in the week of Tisha b’Av itself. With regards to meat and wine, although the letter of the law is only to abstain in the last meal before the fast, it is now nearly universal to abstain the entire week of Tisha b’Av, and the Shulchan Arukh holds that a person should not deviate from whatever is their local established custom.

On the note of bathing and cutting hair or shaving, it is important to remember how great the honour of Shabbat is: While mourning may be an important custom, looking presentable and dignified on Shabbat is actually an halachic requirement. The Talmud makes it clear that one must bathe and cut their hair for Shabbat—even on a Thursday immediately preceding a Tisha b’Av which falls on a Friday. (This is technically not possible in our fixed calendar, but was possible in those days). The Sephardic custom reflects this halachic necessity, while the Ashkenazi custom strangely does not. Rav David Bar-Hayim, despite being of Ashkenazi background himself, holds that the Ashkenazi custom of abstaining from haircuts for the entire Three Weeks—which he traces to about 600 years ago—is really contrary to halacha.

Finally, there is no need to fear of calamities during the Three Weeks, unless one conducts themselves according to Kabbalah, in which case they may need to beware of Ketev Meriri between the fourth and ninth hour of the day, especially if walking alone between sunny and shaded areas.

The above essay is adapted from Garments of Light, Volume Three.
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Tisha B’Av: Why Are We Still Mourning?

This week’s Torah portion is Devarim, which begins the fifth and final book of the Torah. This book (Deuteronomy), is written from the perspective of Moses, and summarizes much of what the Torah discussed earlier. At the same time, it also introduces many new mitzvot, and reveals deeper insights into the Torah’s previous narratives. For example, while the book of Numbers told us that Moses was forbidden to enter the Holy Land because he disobeyed God in striking the rock, here we are told that Moses was forbidden to enter the Land because of the incident of the Spies! (1:22-38) How do we reconcile these differences? The answer can actually be found in next week’s parasha, Va’etchanan.

Va’etchanan (literally “and I beseeched”) describes how Moses begged God to allow him to enter the Holy Land. The Talmud (Berachot 32b) states that Moses prayed so much that God actually relented and forgave him for striking the rock. However, it would have been wrong for Moses to enter the Holy Land at that time, considering that the rest of the men were condemned to perish in the Wilderness because of the sin of the spies. After all, Moses was their leader. Could a shepherd abandon his flock? Would a captain abandon his sinking ship? So, Moses didn’t enter the land not because of the rock, but because of the spies.

'Destruction of the Temple of Jerusalem' by Francesco Hayez (1867)

‘Destruction of the Temple of Jerusalem’ by Francesco Hayez (1867)

This is all the more pertinent now with Tisha B’Av right around the corner. Tisha B’Av commemorates the destruction of both Holy Temples in Jerusalem, along with a handful of other tragedies said to have happened on, or around, that date – the ninth of the month of Av. According to tradition, the origins of Tisha B’Av lie in the incident of the spies. It was on that day that the spies returned from the land of Israel, and reported negatively about the people’s chances of conquering the land. The faithless nation feared and cried needlessly on that day so, it is said, God subsequently gave the nation many good reasons to truly fear and cry on that day throughout history.

The Problem with the 9th of Av

There are many problems with this classic narrative. First of all, why would God punish generations far in the future for the sins of that one generation long ago? Deuteronomy 24:16 itself states clearly that “Parents shall not be put to death because of their children, nor children because of their parents. Each person shall be put to death for their own crime.” While the Torah does also mention a number of times that God “carries over the iniquity of the fathers onto the children to the third and fourth generations”, the phrase concludes by saying this is only true to those that “hate Him”. In any case, it is only to the third and fourth generations, not millennia into the future! Even so, the Talmud (Makkot 24a) says the prophet Ezekiel came and repealed this divine decree anyway:

Said Rabbi Yose bar Chanina, “Moses pronounced four decrees upon Israel, which four prophets came and cancelled.”
…Moses said, “carries over the iniquity of the fathers onto the children…” (Exodus 34:7) Ezekiel came and cancelled it: “The one who sins will die.” (Ezekiel 18:14)

'The Spies With The Grapes Of The Promised Land' by Nicolas Poussin (1664)

‘The Spies With The Grapes Of The Promised Land’ by Nicolas Poussin (1664)

Second of all, did the spies really return on the 9th of Av? The Talmud (Ta’anit 29a) calculates that the spies went forth on the 29th of Sivan and returned forty days later on the 9th of Av. However, the Torah tells us that the spies went to Israel at the start of the grape harvest (Numbers 13:20) and the same tractate of Talmud (Ta’anit 30b) states that the grape harvest season lasted from the 15th of Av until Yom Kippur! How could the spies have returned on the 9th of Av when the grape harvest only began on the 15th? (A simple Google search reveals that the ideal time for grape harvest is September-October, which is right between the 15th of Av and Yom Kippur.)

On the same note, when exactly were the Temples destroyed? The Tanakh tells us that “in the fifth month, on the seventh day of the month, which was the nineteenth year of King Nebuchadnezzar, king of Babylon, came Nebuzaradan, the captain of the guard, a servant of the king of Babylon, to Jerusalem. And he burned the house of Hashem, and the king’s house…” (II Kings 25:8-9) This verse suggests the First Temple was destroyed on the 7th of Av.

Another verse in the Tanakh tells us that “in the fifth month, in the tenth day of the month, which was the nineteenth year of King Nebuchadnezzar, king of Babylon, came Nebuzaradan, the captain of the guard, who stood before the king of Babylon, to Jerusalem; and he burned the house of Hashem, and the king’s house…” (Jeremiah 52:12-13) The verse is nearly identical, except that this one says Nebuzaradan came on the 10th and destroyed the Temple.

We have the 7th of Av and the 10th of Av, but no 9th! The Talmud (Ta’anit 29a) notes this contradiction and tries to reconcile it this way: “On the seventh the heathens entered the Temple and ate therein and desecrated it throughout the seventh and eighth, and towards dusk of the ninth they set fire to it and it continued to burn the whole of that day [the tenth].” Rabbi Yochanan goes on to say that if it were up to him, the mourning day would be the 10th of Av, not the 9th, since this is when the Temple was mostly destroyed.

And what about the Second Temple? Josephus lived through its destruction, and later wrote about it in detail. He says that it was destroyed on the 10th of Av, and writes that the Jews mourn its destruction on the same day that they mourn the destruction of the First Temple. However, he seems to admit that he is uncertain about the exact dates that the Temples fell.

What does the Talmud say? It, too, is uncertain, but concludes that since “good things tend to happen on good days, and bad things on bad days,” it is assumed that the Second Temple was destroyed on the same day as the First Temple!

Postponing, Abolishing, or Redefining?

This year, Tisha B’Av falls on Shabbat, so the fast is postponed, appropriately, to the 10th. While Rabbi Yochanan felt that the 10th is the correct day to fast anyway, Rabbi Yehudah HaNasi – the great redactor of the Mishnah – wanted to have the fast of Tisha B’Av abolished completely! Some say this was only when Tisha B’Av falls on Shabbat and needs to be postponed, while others say he wanted it gone entirely (Megillah 5b).

This idea has been echoed in modern times. The primary reason for mourning on Tisha B’Av is because of Jerusalem’s destruction and the Jewish people’s exile. Today, the Jewish people have returned to the Holy Land and have rebuilt Jerusalem. While there’s no Temple just yet, we are free to travel to, and settle in, the Holy City whenever we wish. Why are we still mourning?

Perhaps Rabbi Yehudah felt the same way. In his day, Jews had also returned to Jerusalem and enjoyed relatively good terms with the Romans. Rabbi Yehudah himself was friends with the Caesar known in the Talmud as ‘Antoninus’ (possibly the Emperor Marcus Aurelius, or maybe a local Roman governor).

Meanwhile, far worse tragedies have befallen the Jewish people since then: crusades, inquisitions, pogroms, the Holocaust, and the list goes on. Why focus on the temples and Jerusalem when there are more recent, greater tragedies? Indeed, former Israeli Prime Minister Menachem Begin intended to combine all the days of commemoration, and move Holocaust Remembrance Day and Israel’s Memorial Day to Tisha B’Av.

Perhaps this is what Tisha B’Av should be: one day to remember all of the suffering that has troubled the Jewish people, and all the suffering that continues to plague the world. A day to remind us that Mashiach has not come yet, the Temple is not yet rebuilt, and the world is not yet whole. A day to ask ourselves: what exactly are we doing to hasten the arrival of that magnificent, forthcoming time? What are we doing that will finally put an end to all the mourning? Tisha B’Av should be a day not about drowning in the sad tears of the past, but about actively working towards the happy tears of the future.

And this is precisely what Rabbi Akiva told his colleagues when they saw the ruins of the Temple. While Rabban Gamliel, Rabbi Elazar ben Azariah, and Rabbi Yehoshua ben Chananiah immediately fell into a bout of weeping, Rabbi Akiva was laughing. Surprised, they asked him to explain himself. He told them that while they were dwelling on the destruction of the first and second temples, he was dwelling on the vision of the coming Third Temple. The rabbis responded – and with this the tractate ends – “Akiva, you have consoled us! Akiva, you have consoled us!”