One Who is Too Ill to

Fast on Tisha B'Av and

Other Fasts
By Rabbi Joshua Flug

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I. Intro- This shiur outline will focus on the guidelines and parameters for one who
is too ill to fast on Tisha B'Av or one of the "minor" fasts. In order to discuss the
status of an ill, some background on the status of the rabbinic fasts is required.
a. The source for the rabbinic fast is a verse in Zechariah which refers to the fast
of the fourth month (17th of Tammuz), the fast of the fifth month (Tisha B'av),
the fast of the seventh month (Tzom Gedaliah) and the fast of the tenth month
(Asarah B'Teves). The verse states that these fasts will one day become days
of joy. {}
b. The Gemara derives from the verse that when there is peace and no
persecution, there is no obligation to fast. When there is persecution, there is
an obligation to fast. When there is no peace and no persecution, fasting is
optional and it is up to the tzibbur to decide whether to fast. The only
exception is Tisha B'Av which is certainly obligatory because there were
additional tzaros. {}
c. Ramban (1194-1270) writes that in principle, all fasts have the same status.
They begin the night before and all five inuyim are required. The only reason
why we don't start the minor fasts on the night before and observe all five
inuyim is that these fasts are inherently optional. When the people accepted
upon themselves to fast, they only accepted the fast beginning in the morning
and they did not accept all five inuyim. {}
d. Rambam (1135-1204) seems to disagree. Rambam implies that there is a
fundamental difference between the minor fasts and Tisha B'av. The minor
fasts start in the morning. {} The five inuyim don't apply to the minor fast. {}
II. Is there a requirement for a choleh to fast on Tisha B'av?
a. The Gemara states that pregnant and nursing women fast on Tisha B'Av just
like they do on Yom Kippur. {} Does this imply that Tisha B'Av has all of
the stringencies as Yom Kippur regarding the standards of who must fast?
i. Ramban writes that there is a difference between Yom Kippur and
Tisha B'Av regarding a yoledes. On Yom Kippur a yoledes between
day seven and day thirty of must fast unless a physician says that it's
necessary for her to eat. On Tisha B'Av, she can eat for the first thirty
days if she feels it necessary because this is a rabbinic fast and we
don't require an assessment. Ramban writes that the same applies to a
choleh. {}
ii. Rabbeinu Tam (c.1100-1171) is quoted by Hagahos Maimonios that a
yoledes between eight days and thirty days is not required to fast on
Tzom Gedaliah because of its optional nature. {}
iii. Are Ramban and Rabbeinu Tam in agreement?
 1. R. Shlomo Luria (1510-1574) suggests that there is a dispute
between Ramban and Rabbeinu Tam on this matter. Ramban
is lenient regarding Tisha B'Av, but Rabbeinu Tam is only
lenient on the minor fasts because those are inherently optional.
{}
2. R. Yoel Sirkes (Bach 1561-1640) disagrees with R. Luria and
contends that both Ramban and Rabbeinu Tam agree that on all
of the rabbinic fasts there is a lesser standard when deciding
who should fast. He explains that even though Tisha B'Av is
not an opitional fast, in times when there is no persecution, the
fast is rabbinic in nature and is subject to the leniencies of
rabbinic laws. Therefore, a choleh she'ain bo sakanah is not
required to fast. {}
iv. As a matter of practical Halacha, Shulchan Aruch rules in accordance
with the opinion of Ramban. {}
1. Although he doesn't specifically address choleh she'ain bo
sakanah, Rama (1520-1572) implies that Shulchan Aruch is
lenient. Rama himself rules that it better to be machmir, but
one who is lenient does not lose out.
2. R. David HaLevi Segal (Taz c.1586-1667) follows the opinion
of Maharshal and therefore states that Tisha B'Av should be
treated with the same rules as Yom Kippur. {}
3. R. Avraham Borenstein (Avnei Nezer 1838-1910) notes that
there is a comment of Rashba (1235-1310) that supports Bach's
interpretation. Rashba states that even on Tisha B'Av there is
only an obligation to fast if the tzibbur accepts it. The
Gemara's exception of Tisha B'Av comes from the fact that the
tzibbur accepted the fast due to the additional tzaros. {} Avnei
Nezer writes that if Taz would have seen the comments of
Rashba, he would have never ruled the way he did. {}
4. R. Yisrael M. Kagan (1838-1933) in Mishna Berurah rules that
a choleh she'ain bo sakanah is not required to fast on Tisha
B'Av. {}
b. Application of this discussion to the minor fasts:
i. Hagahos Maimonios writes that the implication of the Gemara is that
pregnant and nursing women only fast on Yom Kippur and Tisha
B'Av, not the minor fasts. {}
1. Mishna Berurah explains that it may be contingent on the
leniency for pregnant and nursing women: {}
 a. If the leniency was granted at the time of the institution,
then we must treat the minor fasts like Yom Kippur and
Tisha B'Av regarding other types of ailments.
b. If the leniency is based on the fact that we approach the
minor fasts with a lesser standard in general, we may be
lenient for someone who has extreme difficulty fasting.
2. R. Yosef Rosen (The Rogatchover 1858-1936) suggests that
the leniency for pregnant and nursing women may be based on
the fast that women are not obligated to fast as a ta'anis tzibbur
but rather as a ta'anis yachid. {}
III. Is a choleh required to eat b'shiurim?
a. On Yom Kippur, if possible a choleh should eat less than a koseves within
k'dai achilas pras. Does this apply to a choleh on Tisha B'Av and the minor
fasts?
i. Ostensibly, this should be contingent on whether the permissibility for
a choleh to eat on Tisha B'Av and the minor fasts is considered hutrah
or dechuyah. [See the shiur outline on hutrah vs. dechuyah] If it's
hutrah, there should be no restrictions on the choleh. If it's dechuyah,
perhaps there are restrictions.
ii. Nevertheless, one can argue that even if it's hutrah, there still may be
no permissibility. R. Yitzchak ben Sheshes (Rivash 1326-1408) writes
that if someone ate less than a shiur on a fast day, he did not lose his
fast. {} As such, it is arguable that someone who can get by eating
shiurim has no reason to eat more than that even if it is hutrah because
he doesn't need to break his fast. [This will depend on the scope of
hutrah vs. dechuyah question. As discussed in the aforementioned
shiur outline, according to R. Feinstein, if the whole violation can be
avoided, the question of hutrah vs. dechuyah does not apply.]
b. The various positions on this question
i. A number of Acharonim rule that one must minimize the amount of
food one eats:
1. R. Moshe Schick (1807-1879) writes that although there is
requirement for an initial assessment to find out if a person
needs to eat on Tisha B'Av, if it is known that a person does
not need to eat normally, he should not. {} He does not
specifically address the issue of shiurim. He seems to be
focused more on not eating more than necessary rather than
shiurim.
 2. R. Chanoch Henach Eiges (1863-1941) writes that one should
eat b'shiurim because according to Rivash, one is still
considered fasting when eating b'shiurim. {}
3. R. Dov Ber Karasik (19th century) discusses what to do during
a cholera outbreak. He writes that even if there is no imminent
threat, one should eat b'shiurim. However, if one wants to fast,
he may only do so when there is no imminent threat and he
may not leave the house without wearing a mask. {}
a. Mishna Berura quotes R. Karasik verbatim. {}
ii. R. Shmuel Vosner (b. 1913) suggests that in principle there should be
no obligation to eat b'shiurim. {}
1. The reason why R. Karasik wrote to eat b'shiurim, is that this is
a p'sak for the entire congregation and if the entire
congregation doesn't observe Tisha B'Av, it will be forgotten.
Therefore, he told them to eat b'shiurim as a zecher.
2. He does suggest that if one is going to require shiurim, it
should only apply to someone who is not yet ill and only needs
to eat in order to avoid becoming ill.
a. R. Shlomo Zalman Auerbach (1910-1995) also
distinguishes between someone who is already ill and
someone who needs to eat in order to prevent becoming
ill. {}
b. R. Chaim Soloveitchik (1853-1918) rules that this
distinction applies to Yom Kippur. {}
iii. Some poskim are lenient in all cases:
1. R. Yechiel M. Epstein (1829-1908) writes that shiurim is not
applicable to Tisha B'Av. {}
2. R. Eliezer Waldenberg (Tzitz Eliezer 1915-2006) affirms this
point. {}
c. There is a comment of Hagahos Maimonios that one who is permitted to eat
on Tisha B'Av or the other minor fasts should only eat what is necessary and
should not overindulge oneself. {}
IV. May One who is not fasting receive an aliyah?
a. Maharik (c. 1420-1480) notes that it is common practice when the Torah is
read for the Bahab fasts that the Kohanim who are not fasting leave for the
aliyah and if there are no kohanim fasting, a Yisrael gets the aliyah. {} R.
 Yosef Karo (1488-1575) infers from this that one who is not fasting may not
receive an aliyah. {}
b. R. Akiva Eger (1761-1837) discusses the case of someone who was ill on
Yom Kippur. He notes that it is not a problem for the ill patient to receive an
aliyah in the morning because the morning reading is a function of the
kedushas hayom. The question is whether the afternoon reading is a function
of Yom Kippur as a fast day or whether we read because it is similar to
Shabbos. {}
i. R. Chanoch Eiges suggests that the question regarding Mincha is
ostensibly contingent on a dispute between Shulchan Aruch and Rama.
Shulchan Aruch rules that in the Haftorah, one includes the last
beracha of "Al Hatorah V'al Ha'Avodah" which implies that it is a
function of Shabbos. Rama says to omit it which implies that it is a
function of a fast day. {}
1. He notes that the haftorah may be different because the
haftorah is certainly a function of a fast day. As such, the ill
person should not receive maftir Yonah and the only question
is whether he can receive Kohen or Levi. {}
c. R. Moshe Sofer (1762-1839) was ill on Tisha B'Av of 5571 (1811) and
wondered if he was able to receive an aliyah. He first questions whether
Shulchan Aruch's opinion is a lone opinion and whether Maharik really meant
this as matter of halacha or minhag. The reason the Kohanim leave is that
those who are fasting are more deserving of the honor and not because they
can't receive an aliyah. He then presents two reasons why there is a difference
between Bahab and public fast days: {}
i. The Torah reading of Vayechal at Mincha is special to those who are
fasting. As such, it is arguable that only the fasters can receive an
aliyah. However, the Torah reading on Tisha B'Av is a function of the
day of Tisha B'Av and not necessarily of the fast. As such, anyone can
receive an aliyah.
ii. Even if one is ill, he must still observe the fast of Tisha B'Av to
whatever extent possible. He may not eat more than what is necessary.
[This is the basis of R. Schick's opinion.] Furthermore, he must still
observe the other inuyim. As such, he is still considered someone who
is fasting.
d. R. Eiges presents an additional consideration- As discussed earlier, according
to Rivash, one who eats b'shiurim is still considered fasting. As such, one
who is eating b'shiurim may receive an aliyah.
e. Mishna Berurah takes a very stringent approach on the matter. He rules that
one who is not fasting may not receive an aliyah except in a case where the
fast falls on a Monday or Thursday, where there would have been Torah
 reading anyway. Even in that situation, ideally, one should not give him an
aliyah. {}
f. R. Moshe Shternbuch distinguishes between Tisha B'Av and the other minor
fasts:
i. Rambam states that on Tisha B'Av, the morning reading is "Ki Solid
Banim" and the afternoon reading is "Vayechal" like all other fasts.
{}
ii. This implies that the morning reading is a function of the day and only
the afternoon reading is a function of the fast. {}
V. Other observances for someone who is too ill to fast:
a. Recitation of Aneinu
i. R. Avraham Danzig (1748-1820) rules that if one is not fasting, he
may nevertheless recite Aneinu, but replace "b'yom tzom ta'aniseinu"
with "b'yom ta'anis tzibbur zeh." {}
ii. R. Mordechai Karmi (1749-1825) rules that one may not recite Aneinu
if he is not fasting. {}
iii. Mishna Berurah concurs with R. Karmi {}
b. Recitation of Nachem in Birchas HaMazon
i. Maharil (c. 1365-1427) rules that if one eats a bread meal on Tisha
B'Av, he should recite Nachem in the beracha of "Rachem." {}
ii. R. Tzidkiyah HaRofei (Shibolei HaLeket c. 1210-1275) rules that one
should not recite Nachem in Birchas HaMazon. {}
iii. Rama rules in accordance with Maharil's position. {}
iv. Mishna Berurah quotes a number of Acharonim who side with
Shibolei HaLeket but does not rule conclusively. {}
c. Havdalah when Tisha B'Av occurs on Sunday
i. R. Chaim Y.D. Azulai (Chida 1724-1807) writes that if one is ill and
the fast is on Sunday, he should recite Havdalah before eating: {}
1. He notes that he can also recite Havdalah on behalf of the rest
of the family.
2. He also notes that a child should drink the wine.
 ‫‪ .4‬רמב"ם הל' תעניות ה‪:‬ה‬ ‫‪ .1‬זכריה ח‪:‬יד‬

‫‪ .2‬ראש השנה יח‪:‬‬

‫‪ .5‬רמב"ם הל' תעניות ה‪:‬י‬

‫‪ .6‬פסחים נד‪:‬‬

‫‪ .3‬תורת האדם ענין אבילות ישנה‬

‫‪ .7‬תורת האדם ענין אבילות ישנה‬

‫‪ .8‬הגהות מיימוניות הל' תעניות ה‪:‬א‬

 ‫‪ .14‬אבני נזר ס' תקמ‬ ‫‪ .9‬שו"ת מהרש"ל ס' נג‬

‫‪ .15‬משנה ברורה תקנד‪:‬טז‬

‫‪ .16‬הגהות מיימוניות הל' תעניות ה‪:‬א‬

‫‪ .17‬ביאור הלכה תקנ‪:‬א‬ ‫‪ .10‬ב"ח או"ח ס' תקנד‬

‫‪ .18‬שו"ת צפנת פענח א‪:‬יג‬

‫‪ .11‬שלחן ערוך או"ח תקנד‪:‬ו‬

‫‪ .12‬ט"ז או"ח תקנד‪:‬ד‬

‫‪ .19‬שלחן ערוך או"ח תריח‪:‬ז‬

‫‪ .13‬רשב"א מגילה ה‪:‬‬

 ‫‪ .22‬מרחשת ס' יד‬ ‫‪ .20‬שו"ת הריב"ש ס' רפז‬

‫‪ .23‬פתחי עולם תקנד‪:‬יא‬

‫‪ .21‬שו"ת מהר"ם שיק או"ח ס' רפט‬

‫‪ .24‬ביאור הלכה תקנד‪:‬ו‬
 ‫‪ .25‬שו"ת שבט הלוי ד‪:‬נו‬
‫‪ .29‬ציץ אליעזר י‪:‬כה )פרק טז(‬

‫‪ .30‬הגהות מיימוניות )דפוס קושטא( הל' תעניות א‪:‬ח‬

‫‪ .26‬נשמת אברהם חלק ד' או"ח תקנד‪:‬א‬

‫‪ .31‬מהרי"ק שורש ט‬
‫‪ .27‬חדושי מרן רי"ז הלוי שביתת עשור ב‪:‬ח‬

‫‪ .32‬שלחן ערוך או"ח תקסו‪:‬ו‬

‫‪ .28‬ערוך השלחן או"ח תקנד‪:‬ז‬

 ‫‪ .36‬שו"ת חתם סופר או"ח ס' קנז‬ ‫‪ .33‬שו"ת רבי עקיבא איגר ס' כד‬

‫‪ .34‬שלחן ערוך ורמ"א או"ח תרכב‪:‬ב‬

‫‪...‬‬

‫‪ .35‬מרחשת ס' יד‬

‫‪ .37‬משנה ברורה תקסו‪:‬יט‬

‫עיין במ"א דדוקא במנחה אבל בשחקים‬
‫מותר לעלות אע"פ שדוחין פ' השבוע‬
‫וקראין ויחל מ"מ עכ"פ הלא קוראין בתורה‬
‫בלא התענית אלא א"כ התענית באמצע‬
‫שבוע ויש מאחרונים שמפקפקין עליו בזה‬
‫ומ"מ בדיעבד אם קראוהו לכו"ע יעלה‪.‬‬

‫‪ .38‬רמב"ם הל' תפילה יג‪:‬יח‬

‫‪ .43‬מהרי"ל הל' שבעה עשר בתמוז ות"ב‬ ‫‪ .39‬תשובות והנהגות ב‪:‬רסב‬

‫‪ .44‬שבלי הלקט ס' רסז‬

‫‪ .45‬רמ"א או"ח תקנז‪:‬א‬

‫‪ .46‬משנה ברורה תקנז‪:‬ה‬

‫‪ .40‬חיי אדם הל' תענית קלב‪:‬לג‬

‫‪ .47‬ברכי יוסף או"ח תקנו‪:‬ב‪-‬ג‬

‫‪ .41‬מאמר מרדכי או"ח תקסה‪:‬א‬

‫‪ .42‬ביאור הלכה תקסה‪:‬א‬