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May the Mohel, Sandak and Father Eat on Tisha B’Ab Which is Delayed Until Sunday?

If, in a year such as this year (5772), when Tisha B’Ab falls on Shabbat and is thus observed on Sunday, a baby boy is born one week earlier, on Sunday, and he is healthy, then the Berit will take place on the day Tisha B’Ab is observed. Generally speaking, when a Berit Mila takes place on Tisha B’Ab, everyone involved, including the three Ba’aleh Berit Abraham – the father, the Sandak and the Mohel – are required to fast. Even though the day of the Berit is a kind of Yom Tob for these three men, the public mourning of Tisha B’Ab overrides their private Yom Tob, and they are required to fast. The question arises, however, as to whether this applies in a case when Tisha B’Ab is delayed from Shabbat to Sunday. Given that Tisha B’Ab is not observed on its actual date, is there room to allow the Ba’aleh Berit to eat a meal?

The Tur (Rabbenu Yaakob Ben Asher, Spain, 1269-1343), in Siman 559 (listen to audio recording for precise citation), writes that the Yabetz, one of the Tosafists, was once in this situation, and he prayed Minha early in the afternoon, went home, bathed, and then ate a meal. Since this was a Yom Tob for him, he felt he was permitted to eat a meal. He drew proof from a comment in the Gemara, in Masechet Erubin (41; listen to audio recording for precise citation), regarding a family who celebrated a Yom Tob every year on the 10th of Ab, and when Tisha B’Ab was observed on that day, they broke their fast in the afternoon to have a festive meal. Similarly, Tosafot (commentaries by Medieval French and German scholars) in Masechet Erubin relate that Rabbenu Yaakob Ben Yakar, Rashi’s Rabbi, once made a Berit on Sunday, the 10th of Ab, when Tisha B’Ab was observed. He recited Minha early, bathed, and then had a meal. Significantly, Tosafot write, "Achelu Ve’shatu" – "They ate and drank" – in the plural form, indicating that the other two Ba’aleh Berit – the Sandak and the Mohel – also ate. It thus emerges that the three Ba’aleh Berit are permitted to eat if a Berit is performed on Tisha B’Ab that is delayed from Shabbat to Sunday.

This is, indeed, the ruling of Hacham Ovadia Yosef, in Hazon Ovadia (p. 394; listen to audio recording for precise citation). He notes that although one might argue that it is worthwhile to be stringent in this regard, in order to commemorate and mourn the tragedy of the Temple’s destruction, this argument is not valid. To the contrary, it is proper to be stringent with regard to the celebration of the Berit Mila, and thus the three Ba’aleh Berit should eat a meal in such a case. However, in order to avoid the risk that other people might join them, the meal should be eaten privately in one of their homes, and without any sort of public announcement.

Summary: When Tisha B’Ab falls on Shabbat and is delayed until Sunday, and a Berit Mila is held on that day, the three Ba’aleh Berit – the father, the Mohel and the Sandak – may and should break their fast and eat a private meal in the afternoon, after Minha.

 


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