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In Orchot Chaim of Lunel, Hilchot Erev Yom HaKippurim, sec. 2, he writes that one who performs work on Erev Yom Kippur (the entire day—not specifically after midday) does not see a sign of blessing, and gives the reason: “Because he must occupy himself with eating and drinking, as it is written, ‘And you shall afflict yourselves,’ etc.” (cited in Kiseh Eliyahu, siman 604, se’if katan 3; Mo’ed Lechol Chai, siman 16, sec. 20; and Kaf HaChaim Sofer, siman 604, se’if katan 20). Nevertheless, there is a clear distinction between Erev Yom Kippur and Erev Tisha B’Av, for the eating and drinking on Erev Yom Kippur is a mitzvah meal (as stated in Berachot 8a based on the verse “And you shall afflict yourselves”; see there). This is unlike Erev Tisha B’Av, when there is no mitzvah to eat [on the contrary, we find many restrictions, at least regarding the seudah hamafseket. Rambam writes in Hilchot Ta’aniyot 5:9 that on Erev Tisha B’Av one should, as much as possible, follow the practice of the Sages, who ate only dry bread; see also Shulchan Aruch, siman 552, סעיף 6. See also Darkei Moshe, Orach Chaim, siman 552, sec. 3, who writes that although in practice most people eat abundantly at the seudah hamafseket because they think it resembles Erev Yom Kippur, “nevertheless, one who guards his soul should distance himself from this, for the House of our G-d is worthy, etc.; a person should eat only what he needs, etc., and not increase the meal at all.” Based on these words, the Rema there, סעיף 9, rules that one who is stringent not to eat excessively on Erev Tisha B’Av is called holy; see there. Regarding the view of Maran the Shulchan Aruch as well, Birkei Yosef there, se’if katan 6, writes—at least concerning the seudah hamafseket—that one should suffice with the amount of eating and drinking needed so as not to suffer from the fast. There the Chida took pains to “innovate” that one need not eat less than this amount and suffer during the fast; see there. Accordingly, even before the seudah hamafseket, it is entirely unreasonable that there should be a “mitzvah” contrary to the spirit of the seudah hamafseket—as though there were a mitzvah to eat abundantly, as on Erev Yom Kippur. It cannot be that on one day there should be mutually contradictory mitzvot. At most, there is broad permission to increase the meal, but not a “mitzvah.” Even according to what was written in Teshuvot Halachot Ketanot, vol. 2, siman 135, which innovates that one who eats on Erev Tisha B’Av is considered as though he fasted on the eighth and ninth [as on Erev Yom Kippur], one who examines his responsum carefully will see that he says this only with regard to eating a small amount of bread at the seudah hamafseket, and in a manner of mourning—not through increased eating at all]. As noted, Orchot Chaim itself, concerning Yom Kippur, relies on the verse “And you shall afflict yourselves,” implying that without this verse its ruling would not apply. Since there is a substantive distinction, we must say that one may not extend his novel ruling beyond its original scope, for the words of Orchot Chaim are highly novel (and we find no counterpart among the Rishonim[1]); one must not add to it.
Regarding what appears from the wording of your question—that you are uncertain about the period “after midday” on Erev Tisha B’Av—here too, seemingly, in my humble opinion I have found no cause for concern. Although we find regarding Erev Pesach that from midday onward one does not see a sign of blessing, and regarding Erev Shabbat we find that from Minchah time onward one does not see blessing in his work, those cases differ, for the prohibition against working is because one must prepare the needs of Shabbat and Yom Tov. On Erev Pesach this begins at midday because of the korban Pesach, as explained in the Yerushalmi, Pesachim, beginning of chapter 4; and the Rosh writes in Pesachim 4:1 that although there is no korban Pesach nowadays, the enactment remains in force. None of this applies to Erev Tisha B’Av: there is no need for preparations, and certainly no sacrifice. Therefore, it is specifically on Tisha B’Av itself that Chazal said that one who performs work does not see a sign of blessing, because there is concern that he not work lest he be distracted from the mourning. Thus the Magen Avraham, siman 554, se’if katan 27, infers from the Gemara: the concern not to perform work on Tisha B’Av is lest one be distracted from mourning, and he writes there that the “blessing” is likewise dependent on this. The reason of distraction is not plausible on Erev Tisha B’Av, when the full laws of mourning have not yet taken effect as they have on Tisha B’Av itself. Moreover, virtually all the mourning practices observed on Erev Tisha B’Av are already observed throughout the week in which Tisha B’Av falls, when there is certainly no restriction on work. What we find in the Maharil (and is brought by the Rema, siman 553, סעיף 2), that one should not study Torah from midday on Erev Tisha B’Av except those subjects that are permitted, is based only on custom and not on law (as the Mishnah Berurah writes there, se’if katan 8; see also Chayei Adam, klal 134, סעיף 10). The Biur HaGra there (s.v. VeNahagu) writes that this custom is only an excessive stringency. Furthermore, the Chatam Sofer (in his glosses to the Shulchan Aruch there and in his responsa, Orach Chaim, siman 156) writes that the reason to refrain from study from midday is so that one will not contemplate Torah on the night of Tisha B’Av. Thus, this is not because there is increased mourning from midday, and consequently no inference may be drawn from it regarding a sign of blessing. In any event, reason certainly dictates that one should not derive the parameters of “a sign of blessing” from this custom, when according to the parameters established by Chazal we find no distinction on Erev Tisha B’Av between before and after midday. Although there are special mourning laws for the seudah hamafseket, we rule (Shulchan Aruch, siman 552, סעיף 9) that this is a law pertaining to the meal, not to the time; therefore, even after midday, as long as one intends to eat another meal, the laws of the seudah hamafseket do not apply to his meal.
My heart suggests that perhaps the basis for your uncertainty is what the Rema writes in siman 553, סעיף 2, based on the Maharil (Responsa, siman 44): that on Erev Tisha B’Av as well, from midday onward, the custom is to study Torah only in subjects that are permitted. This implies that according to this view, a degree of mourning begins from midday on Erev Tisha B’Av. If we are particular even concerning Torah study, then all the more so one might say that if he occupies himself with work, he will not see a sign of blessing in it. However, aside from the fact that many complete and great authorities disagree with the Rema on this point—the Maharshal, Perishah, Gra, Ma’amar Mordechai, Chavot Ya’ir, Mishnah Berurah, Aruch HaShulchan, and many others (though their words are not conclusive proof for our case, since due to the stringency of Torah study they exerted themselves to abolish this custom)—there is more: the Rema himself presents this only as an optional enhancement, not as law (as the Mishnah Berurah writes regarding his view there, se’if katan 8, and as is clear in Chayei Adam, klal 134, sec. 10). Perhaps blessing is not withheld due to such a remote enhancement (see further below, s.v. VeChol HaAmur). Moreover, since the Rema distinguishes between “before midday” and “after midday,” the Chatam Sofer explains in his responsa, Orach Chaim, siman 156 (and likewise in his glosses to the Shulchan Aruch) that the Rema’s reason is not that Erev Tisha B’Av is already a time of mourning. Rather, it is so that one should not enter Tisha B’Av while deeply engrossed in thoughts of Torah. [See Teshuvot Beit Avi Schlesinger, Likkutim, p. 369, which supports the Chatam Sofer’s understanding.] This rationale applies only to words of Torah, not to work.
Everything stated until now was necessary only according to the Magen Avraham, siman 554, se’if katan 27, and those who follow him, who write that what Chazal said—that one who performs work on Tisha B’Av does not see a sign of blessing—applies even in places where the custom is not to prohibit work on Tisha B’Av. However, according to Rav Mashcha DeRabota, vol. 2, p. 73a, and those who agree with him, who understand the words of our Rabbis to mean that only in places where the custom is to prohibit work may we say that one does not see a sign of blessing, then it is self-evident that on Erev Tisha B’Av—when nowhere is there a custom prohibiting work—there is no concern of lacking a sign of blessing.
Not only on Erev Tisha B’Av, but even more so: go and see that even on the night of Tisha B’Av, some say that work is not prohibited (and there is likewise no concern of lacking blessing), as they infer from Rashi, Ta’anit 13a, s.v. KesheAmru. True, there is a well-known contradiction[2] from Rashi’s words in Pesachim 54a. See what was written on this by Magen Avraham, siman 554, se’if katan 23; Eliyah Rabbah there, se’if katan 25; Pnei Yehoshua to Pesachim on Rashi there; Erech HaShulchan Taib, siman 554, se’if katan 8; Teshuvot Chaim VeChesed Musafya, vol. 1, siman 12; Teshuvot Ketav Sofer, siman 102; Nezirut Shimshon, siman 554 there; Yitzchak Yeranen Gatinyo, p. 74b; Mareh HaNogah, chapter 3 of Ta’anit, halachah 4; Mimei Shlomo Kimchi, siman 554, sec. 24; Penei Damesek, in the derashah for Shabbat Chazon; and Ginzei Chaim Reisner, siman 554, se’if katan 6. See also Mor U’Ketziah, siman 554, s.v. She’ifat; Shulchano Shel Avraham, siman 554, law 22; Yeshuot Yaakov, siman 554 there; Teshuvot Divrei Shaul VeYosef Da’at, siman 39; Teshuvot Simlat Binyamin, siman 2; Orchot Chaim Kahana, siman 554, se’if katan 23; Teshuvot Chavalim BaNe’imim, vol. 1, sugya 9, end of sec. 7; and other cherished Acharonim, but this is not the place to elaborate. In any event, from the fact that all these cherished Acharonim took pains to discuss the night of Tisha B’Av, even if they ultimately ruled stringently, we may at least infer that it was obvious to them that there is no issue on Erev Tisha B’Av.
Although this is not proof, there is at least a remembrance of the matter in the wording of the Gemara in Pesachim 50b, where it says: “One who performs work on Erev Shabbat and Erev Yom Tov from Minchah time onward, or after Shabbat, or after Yom Tov, or after Yom Kippur, and wherever there is even a trace of transgression—this comes to include a public fast—will never see a sign of blessing.” Thus we see that in the very same baraita, which emphasizes the “eve” of Shabbat—with the precise time specified, “from Minchah time onward”—the lack of blessing for work on a public fast is also mentioned; yet there is no mention at all of the “eve” of a public fast (though this may be refuted).
[1] Except for Rabbeinu Yehudah HaChasid in Sefer Gematriyot, at the end of Parashat Masei, who lists Yom Kippur among the days on which there is an obligation to eat meat and a prohibition against performing work.
[2] This is a “contradiction” only on the assumption that the commentary to Ta’anit is indeed by Rashi, and not an unauthorized attribution to Rashi, the foremost of the lesser authorities, for tractate Arakhin.
This response was translated automatically from Hebrew and has not yet been reviewed by a person. Therefore, it may contain inaccuracies and should not be considered a definitive reference.
