Laws of the 17th of Tammuz and The Three Weeks

The Fast of the Seventeenth of Tammuz

The prophet Zechariah (8, 19) states: “So says Hashem, G-d of Hosts: The fourth, fifth, seventh, and tenth fast days shall be for the house of Yehuda for gladness, joy, and good times; [only] love of truth and peace.” Our Sages (Rosh Hashanah 18b) explain that the “fourth fast day” refers to the Seventeenth of Tammuz, for Tammuz is the fourth month when counting from Nissan (Nissan is the first of the months of the year according to our holy Torah). The “fifth fast day” refers to the fast of the Ninth of Av, for Av is the fifth month when counting from Nissan. The “seventh fast day” refers to the Fast of Gedalia which falls out on the third of Tishrei, which is the seventh month from Nissan. The “tenth fast day” refers to the fast of the Tenth of Tevet, which is the tenth month from Nissan.

The Essence of the Fast

The Rambam writes that the entire Jewish nation must fast on these days because of the tragedies that befell them on these days. This will serve to awaken their hearts and open the pathways to repentance. This will also serve as a reminder of our evil deeds and the deeds of our ancestors that resembled our current deeds which eventually caused these tragedies to befall them and us. Upon remembering these things, we shall mend our ways, as the verse states, “And they shall confess their sins and the sins of their fathers.”

What Occurred on the Seventeenth of Tammuz?

The following five terrible events occurred on the Seventeenth of Tammuz: The two tablets bearing the Ten Commandments were broken, the daily Tamid offering brought in the Bet Hamikdash ceased, our enemies breached the walls of Jerusalem in the Second Temple era, the wicked Apostemos burnt the Torah, and an idol was erected in the sanctuary of the Bet Hamikdash.

Those Obligated to Observe This Fast

Everyone is obligated to fast on the Seventeenth of Tammuz. Nevertheless, pregnant and nursing women are exempt from fasting on this day. An elderly person whose health may be affected as a result of the fast (as instructed by a doctor) should not fast. Similarly, a woman who is within two years of giving birth and feels especially weak as a result of the fast need not fast. Any person whose health does not allow him to fast should consult a competent halachic authority regarding how to proceed. If the fast poses a possible danger to one’s life, one should certainly not fast. One should consult with a prominent halachic authority so that the latter can guide the individual how to act with regards to Tisha B’Av, which is a more stringent fast day than others.

Children, i.e. boys under the age of thirteen and girls under the age of twelve, should not fast at all on this day, even for several hours. Only young men and women of Bar/Bat Mitzvah age should fast on this day. The same applies to the public fast days of the Fast of Gedaliah, the Tenth of Tevet, and the Fast of Esther. (Chazon Ovadia)

Swimming During the Three Weeks

It is permissible to swim during the Three Weeks, except during the week of Tisha B’Av, meaning, from after the Shabbat that immediately precedes Tisha B’Av, until after Tisha B’Av day

Haircuts

It is permissible to take a haircut on a fast day (except, of course, on Tisha B’Av; Ashkenazim also refrain from haircutting from the seventeenth of Tammuz).

New Clothing

One may not purchase new clothes or have new clothes made from Rosh Hodesh Av through Tisha B’Av, but it is permissible during this period to have clothes fixed, purchase non-leather shoes for Tisha B’Av, and purchase undergarments and the like. Purchasing new clothes is forbidden even if one intends to wear them only after Tisha B’Av or to give them as a gift. One may purchase new garments if they will cost more after Tisha B’Av. Knitting, crocheting and needlepoint are forbidden during the Nine Days. These restrictions do not apply before Rosh Hodesh Av.

Birkat HaGomel

One who is obligated to recite Birkat HaGomel may recite the Beracha during the three weeks from Seventeenth of Tammuz until Tisha B’Av, even on the day of Tisha B’Av.

Dangers of the Three Weeks

 Extra caution must be taken to avoid danger during the Three Weeks. In particular, one should not hit anybody – including children and students – even gently, and one should not travel unnecessarily. It is especially important not to travel to deserted areas between the hours of 9:30am-3:30pm during the Three Weeks. It is advisable to avoid desolate, outdoor areas between the fourth and ninth hours of the day (as defined by Halacha) during the three weeks between Seventeenth of Tamuz and Tisha B’Av. More generally, it is proper to avoid all dangerous situations during this period, which is a particularly inauspicious time for the Jewish people.

Torah Reading on the Fast Day

If a fast day falls on Sunday, Tuesday, Wednesday, or Friday, then the section of "Va’yehal" is read only if there are at least ten men in attendance who are fasting. If a fast day falls on a Monday or Thursday, then at Shaharit, "Va’yehal" is read if at least six men are fasting, and if fewer than six men are fasting, then the weekly Torah portion is read. At Mincha, even on a Monday or Thursday, ten people who are fasting must be in attendance for "Va’yehal" to be read. Whenever "Va’yehal" is read on a fast day, only those who are fasting may receive Aliyot to the Torah.

Purchasing a New Home

 One may purchase a new home during the Three Weeks, the Nine Days, and even on Tisha B’Av. One may not paint a home during the Nine Days from Rosh Chedesh Av until Tisha B’Av. One should not purchase or even order furniture during the Nine Days, unless the price will go up if he waits until after Tisha B’Av. One should not buy new religious books during the Nine Days if he does not need them until after Tisha B’Av.

Music During the Three Weeks

Although it is generally forbidden to listen to music during the Three Weeks, people suffering from depression or anxiety who need music to relieve their distress may listen to music. Music may also be played at summer camps when this is necessary to keep the young campers attentive and happy. It is permissible to play music for gentile audiences – but not Jewish audiences – until the week of Tisha B’Av, and one may also teach music lessons until the week of Tisha B’Av.

Eating Meat and Drinking Wine

The custom of the Sepharadim is to refrain from meat and wine from the second day of Av through Tisha B’Av. If a person needs to eat meat for medical reasons, or has difficulty finding foods to eat, such as if he has an allergy to dairy foods, he should consult with a Rabbi for guidance. The generally accepted practice in our community is to refrain from meat during the nine days, and to permit drinking wine. During the nine days it is permissible to eat fish, Parve food prepared in meat utensils, and even soup prepared from chicken stock. Children, pregnant and nursing women, and others who doctors advise to eat meat for nutritional purposes and the like should not refrain from meat during the nine days. Some allow eating meat leftovers from Shabbat on Motzaei Shabbat during the nine days for Melaveh Malka.

 Shehecheyanu During the Three Weeks

During the Three Weeks, from the Seventeenth of Tammuz through Tisha B’Av, one should not place himself in a situation that would require the recitation of the Beracha of "Shehecheyanu."

Laundered clothing

When Tisha B’Av is observed on Shabbat, it is permissible to wear freshly-laundered clothing during the week before Tisha B’Av, but not on Tisha B’Av day, and therefore one must prepare a change of clothing for Tisha B’Av by wearing the clothing for a short while beforehand. It is also proper in such a case to refrain from shaving on the Friday before Tisha B’Av.

It is forbidden to purchase new clothes for oneself or for somebody else during the nine days, regardless of whether they will be worn before Tisha B’Av. One may purchase clothes on sale during the nine days if the sale ends before Tisha B’Av. It is permissible to purchase inexpensive clothes during this period, and to purchase shoes for Tisha B’Av. It is forbidden to sew a new garment or to have a new garment sewn during the nine days, but garments and shoes may be fixed during the nine days.

Contractor Working During the Three Weeks

A person who has hired a non-Jewish contractor to build a home may allow the contractor to continue the building during the period of the Three Weeks, between Seventeenth of Tammuz and Tisha B’Av. In fact, the contractor may continue building even on the day of Tisha B’Av. The reason behind this Halacha is that since it is customary to build homes through a contractor, as opposed to hiring day laborers, anyone who sees the construction will immediately realize that the builder was not hired specially to build on Tisha B’Av. They will naturally assume that the builder was hired for the project, and he comes to work on the project at his convenience, and thus he was certainly not hired specifically for that given day. It goes without saying that this applies to synagogues, as well; if a non-Jewish contractor was hired to build a synagogue, the building may proceed during the Three Weeks and even on Tisha B’Av. This is the ruling of Rav Pinhas Zevihi (contemporary), and of Hacham Ovadia Yosef, in his work Hazon Ovadia – Ta’aniyot, p. 329.