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Meat, Milk, Wine, and Chicken Stock During the Nine Days

The Mishna in Masechet Ta’anit (30) establishes the prohibition against partaking of meat and wine during the Se’uda Ha’mafseket, the final meal eaten before the fast of Tisha B’Ab. According to the Halacha established in the Talmud, there is no prohibition concerning the consumption of meat and wine other than this law forbidding meat and wine during the Se’uda Ha’mafseket.

In the generations following the Talmudic era, however, numerous communities accepted additional customs with regard to eating meat in the period before Tisha B’Ab. The Tur (Halachic code by Rabbi Yaakob Ben Asher, Spain, 1270-1340), in the Orah Haim section (501), records a custom adopted by some German communities to refrain from meat throughout the three-week period between Shiba Asar Be’Tamuz and Tisha B’Ab. A more common custom is to abstain from meat during the nine days, meaning, from Rosh Hodesh Ab until after Tisha B’Ab, and this is the accepted practice in our community. Yet a third custom is to refrain from meat only during Shabu’a She’hal Bo, meaning, the week during which Tisha B’Ab occurs.

The Rashba (Rabbi Shlomo Ben Aderet of Barcelona, 1235-1310) writes that everyone is obliged to follow the custom adopted by his community, and one who violates his community’s custom is guilty of the grievous sin of disregarding accepted Minhagim (customs). Accordingly, the Shulhan Aruch rules that a person must refrain from meat during the period in which his community has accepted this prohibition. The Shulhan Aruch applies to a person who violates this custom the Talmud’s warning that those who disregard the words of the Sages "shall be bitten by a snake."

The question arose concerning the use of cubes of chicken stock for preparing soup during this period, as to whether or not it would be forbidden to partake of such a soup. Hacham Ovadia Yosef, in his work Hazon Ovadia (Laws of Fast, p. 174), ruled that it is permissible to eat this soup during the period of the nine days, as we do not consider it equivalent to actual chicken (listen to audio for precise citation). Furthermore, this prohibition does not apply to Parve food prepared in a meat pot; such food is certainly permissible for consumption during the nine days. Thus, for example, one may eat rice that was cooked with Parve utensils.

It should also be noted that fish was never included in this custom, and it is thus entirely permissible to partake of fish during the nine days.

On Shabbat during the nine days, of course, one may – and in fact should – eat meat. There is some discussion among the Halachic authorities as to whether one may partake of meat leftovers after Shabbat during the nine days. Hacham Ovadia Yosef rules that those who eat meat leftovers from the Shabbat meals have authorities on whom to rely, only when it comes to the Se’uda Rebi’it meal (which many are accustomed to eating on Mosa’eh Shabbat), and especially if one is generally accustomed to eating meat at this meal. However, this ruling applies only in a case where some meat food happens to be left over from Shabbat; one may not prepare food on Ereb Shabbat with the specific intention of having enough meat for the Se’uda Rebi’it.

Children who require meat for nutritional reasons may – and should – be fed meat during the nine days. Today people are presumed to be physically weaker than in previous generations, and there is therefore more room for leniency in this regard. Hence, if a physician advises that a child should be eating meat regularly, his parents should feed him meat during the nine days. However, once a boy reaches the age of twelve and a girl reaches the age of eleven, they should be trained to abstain from meat during this period.

This applies as well to pregnant or nursing mothers. If the physicians advise them to eat meat for the purpose of nutrition or strength, then they should certainly do so.

Different opinions exist as to whether this custom includes a prohibition against drinking wine. The Shulhan Aruch forbids drinking wine during this period, but, as Hacham Ovadia Yosef notes, the practice in Jerusalem has always been to be lenient in this regard. It appears that our community, too, has the custom to allow drinking wine during the nine days (as heard from Hacham Baruch Ben Haim Z"L). It should be noted that even those who refrain from wine during the nine days may drink other intoxicating beverages, such as beer and scotch. Cognac, however, is deemed equivalent to wine this respect; this was the position of Hacham Ben Sion Abba Shaul (Israel, 1923-1998).

Summary: Different customs exist with regard to partaking of meat and wine during the nine days from Rosh Hodesh Ab until Tisha B’Ab, and each person must follow his community’s custom. 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 whom 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 Mosa’eh Shabbat during the nine days for the Se’uda Rebi’it meal.

 


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