ROSH CHODESH AV

Do we say Hallel on Rosh Chodesh Av? Yes, we do. But the question is not a silly one. The festive flavor usually associated with Rosh Chodesh is hardly in evidence.

The mishna says: "As Av enters, we diminish joy". Rosh Chodesh Av is the beginning of the stricter mourning period for the destruction of the Beit HaMikdash - First and Second. The restrictions of the Nine Days generally apply to Rosh Chodesh Av. (This is the Ashkenazi practice. S'faradim begin the restrictions on the secondof the month.) It is one of two months on whose Rosh Chodesh fasting is not forbidden.

Rosh Chodesh Av is the Yahrzeit of Aharon HaKohen. It is the only Yahrzeit mentioned in the Torah. It is recorded, not in Parshat Chukat where we read of Aharon's passing, but here in Mas'ei - which we read on the Shabbat closest to Rosh Chodesh Av.

OTOH, Rosh Chodesh is Rosh Chodesh. It is a joyous and hopeful commemoration of the Beit HaMikdash, not only its destruction. Notwithstanding the mournful nature of the first third of Av, we must keep in mind that after the 10th of the month, the consolation and promise for a brighter future takes over.

Rosh Chodesh Av conjures up a mixture of conflicting moods. That's okay. Is it contradictory to say Hallel on the day that ushers in a sad period? No. Being Jewish often means being able to see the bright side of sad times, and not forget the sad note at happy times.

May we soon merit the coming of Moshiach and the rebuilding of the Beit HaMikdash - and everything that goes with it - and may our joy then become untarnished and complete.

Let us each put into action the qualities of Aharon HaKohen - love peace and pursue it, love people and bring them closer to Torah - so that the times we yearn for will become a reality, speedily in our time, Amen.

THE NINE DAYS

With Rosh Chodesh Av, the more intense period of mourning for the destruction of the Beit HaMikdash, known as The Nine Days, begins.

"As Av enters, we diminish our joy". This statement of the mishna is manifest in many laws & customs observed during the first nine days of the month of Av (Actually it is for nine and a half to ten days).

There is a dispute among authorities as to whether this means that one ceases all joy during this period, or whether one is only required to diminish joy.

One way or the other, some of the manifestations of this concept are the reduction of business, the prohibition of pleasurable building, and other similar things.

One should not play musical instruments during the Nine Days. Some say that applies to singing as well. There are appropriate songs to sing during the Nine Days.

Halachically, tiyulim are forbidden only on Erev Tish'a b'Av and Tish'a b'Av itself. However, one should refrain from pleasurable tiyulim from Rosh Chodesh. Trips abroad should specifically be avoided. Trips to Israel, on the other hand, are allowed because of the mitzva aspect involved.

Concerning the conduct of business, it is generally agreed that in today's economy, the factors of financial loss - rent, salaries, utilities, etc. - would permit business as usual during the Nine Days. Depending upon the type of business and the possible effects of "closing shop" for more than a week, the applicationsof the halacha may vary. A Rav should be consulted.

Giving of gifts should be avoided, if possible, during the Nine Days. If unavoidable, the gift should preferably not be used until after Tish'a b'Av.

One should not buy new clothes during the Nine Days, even if She'he'che'yanu is not involved, and even if one will not wear the clothes until after Tish'a b'Av. Simple sneakers for Tish'a b'Av is an exception to this rule. Simple sneakers.

Purchases necessary for one's livelihood are permitted; if a She'he'che'yanu is involved, it should be postponed until after Tish'a b'Av.

"Purchases of Mitzva" are allowed, but should be made in consultation with a Posek.

Another interesting exception to the ban on purchases is the case of bargains and availability. One may buy things - even "items of joy" - during the Nine Days, if they will be difficult to find after Tish'a b'Av, or even it they will be more expensive then. The mourning during the Nine Days is not intended to cost us money; it is meant to diminish our joy.

Opinions differ concerning the extent to which some of the following rules apply. Furthermore, for Ashkenazim, some of the restrictions have already begun on 17 Tammuz. Exceptions to any of the following rules should be made only in consultation with one's Rav.

Hair cutting and shaving are prohibited. Even those who shave during the Three Weeks should avoid shaving during the Nine Days.

One may cut fingernails during the Nine Days.

Weddings and other festive gatherings are prohibited.

One should not play or listen to music.

Pleasurable bathing is prohibited. Many apply this prohibition to regular bathing as well. One who showers during the Nine Days for hygienic purposes, should use cooler water than usual, bathe less frequently, take less time, and avoid washing the whole body at one time. Most authorities permit bathing as usual on the Friday of the Nine Days.

Meat and wine are prohibited during the Nine Days, except on Shabbat. Meat and wine are associated both with joy AND with Temple service. Both reasons combine to explain this prohibition.

Even though havdala is officially after Shabbat, one is permitted to drink wine. It is preferable to give the wine to a child who is old enough to understand brachot but not yet old enough to understand the concept of "mourning for Jerusalem". Alternately, some authorities recommend the use of a substitute beverage for havdala such as fruit juice, beer, etc. Other authorities insist on wine as usual.

It is the practice not to wear freshly laundered clothing during the Nine Days. Undergarments, for health reasons, are not included in this ruling. One can "prepare" several changes of clothing before Rosh Chodesh by wearing them briefly. One may dress for Shabbat without the above restriction.

Speaking of She'he'che'yanu...

There is an interesting dispute concerning this joyful bracha during the Three Weeks. The Shulchan Aruch and the ARI z"l prohibit the saying of the bracha. What follows is a ban on new fruit and other purchases which require the bracha.

The Vilna Gaon allows the bracha throughout the Three Weeks (including the Nine Days), even during the week.

The Mishna B'rura allows the bracha on Shabbat, but not during the week.

The Aruch HaShulchan allows it during the week as well, but only until Rosh Chodesh Av. In other words, only on Shabbat during the Nine Days.

If withholding a new fruit because of the bracha issue will cause a reduction of Oneg Shabbat, then even the Shulchan Aruch would permit She'he'che'yanu during the Three Weeks.

The purchase of S'farim should be avoided during the Nine Days, if joy in their purchase produces joy.

This has not been an exhaustive list of the rules for the Nine Days nor have all variant opinions been expressed. It is best to consult one's LOR for more complete information.

Most importantly, we must ponder the causes of the destruction of Jerusalem and the Beit HaMikdash and work towards "repairing the damage" caused by past (and present) generations so that we may be privileged to rejoice in the Geula, speedily in our time.

The laws and customs of mourning the Churban are not meant to overburden us nor are they picayune. They are meant to keep our thoughts and feelings focused on the Churban and its causes, and the resolutions towards improvement that should follow those thoughts and emotions. Use them well.

Note: A review for Shabbat Chazon and Tish'a b'Av will be included in next week's TT, IY"H.

KOSHER KOLUMN

More on GELATIN

Based on comments I've received this past week in person, by email, and in writing, I would like to clarify and/or reiterate a few points, and add a new one or two…

(1) What I (Phil Chernofsky) wrote last week and what I'm writing now is my personal assessment of the Gelatin Situation, shaped to a great extent by consultations with kashrut experts both in and out of the OU. It is not an official OU statement.

(2) There are significant (but in the minority) opinions that allow gelatin produced from the bones and skins of non-kosher animals (and kosher animals not kosher-slaughtered) if the processing includes complete drying of the bones and skins, removal of all meat and marrow, and results in an inedible chemical substance- gelatin. Based on these lenient opinions, there are many products on the market that are certified kosher that contain gelatin. I repeat - the majority of mainstream Orthodox rabbanim, including the major kashrut certifying organizations in the U.S. and including the mehadrin hashgachot in Israel, do not accept thiskind of gelatin as kosher. Even the Chief Rabbinate of Israel, that does give an Ishur on products with this kind of gelatin, adds the phrase - for those who eat gelatin.

(3) One has to be additionally cautious when it comes to products that use "regular" gelatin that has not been prepared according to the standards of the opinions that do allow gelatin. This means that if a product has gelatin - one who is willing to accept the lenient minority opinion mentioned above, has questions toask: Was this gelatin produced with the thorough drying and cleaning of the bones? Were the machines kashered from the regular runs of gelatin?

(4) Sometimes, there is a gelatin available that was produced from the bones of kosher-slaughtered cows. This is rare and expensive. Make sure of what it is before you rely on such a product.

(5) There is a growing interest for fish gelatin. This is a gelatin produced from the skin of fish. On the positive side, fish gelatin can only be made from fish with scales, i.e. kosher fish. Fish gelatin is, at present, mostly used in non-food products. We will see its increased use in the future as an animal-gelatinsubstitute as some of the problems of taste, aftertaste, and general characteristics are resolved. A relatively minor problem with fish gelatin is that some products that contain it will be labeled simply GELATIN, and we will then have to figure out what's what. (I suspect that some companies will be reluctant to includefish gelatin as an ingredient in, let's say, cookies and candy, because of what it would bring to the mind of the consumer.)

(6) It is hard to compare the gelatin question with other lenient-strict issues. The different sides of the "regular" milk issue, for example, discuss whether the original ban on non-Jewish milk applies today or not, applies to powdered milk or not, applies when there are other forces that prevent adulteration of the milk.Or the kitniyot derivative issue. Or the glatt vs. regular kosher issue. Taking the leniencies in these examples does not mean that one is eating non-kosher according to the other opinions. In the gelatin issue, the majority of poskin say that one is eating TREIF. This is why I'm trying to present this issue strongly.I am not advocating CHUMRA for the sake of CHUMRA. In fact, I would not use the term CHUMRA for those who say not to use gelatin. I would suggest that it is the middle of the road policy of kashrut to avoid products with gelatin.

(7) One further point on the halachic debate as to what extent of processing will allow us to consider the end-product as a new substance with no connection to its origin. Understand, this is the main point. Here is a white powder that came from the bones and skins of pigs. Has gelatin undergone so much processing thatwe no longer connect it to what we started with?

One major factor in answering this question is, "Is it edible (even to a dog)?" The answer is, that at a certain point, it is not. And that is significant in breaking the connection with its origin. But the question now is, "If you restore the substance to an edible state, does its previous inedibility count (to break theassociation with the non-kosher origin)?" Some authorities say, yes. But most disagree, and say that its use as a food now re-associates it with its origin. This is only one of the issues involved in the gelatin story.

Mitzva Watch

Picture this: A town in Israel, a person is clearing rocks from his yard by carelessly tossing them over his fence into the street. One rock kills a passerby. Witnesses testify; the judges decree that this is a clear case of ROTZEI'ACH B'SHOGEG - inadvertent killing. The Torah specifies exile to a City of Refuge as thepunishment. But wait! The perpetrator is a valued member of the community. One of its supporters, perhaps, or a prominent doctor at the local hospital. Exiling him will be a hardship for the community. The judges of the Beit Din (23 judges sit for this kind of case) meet to debate their "dilemma". How about "house arrest"and "community service" as a way of punishing him and not losing him to the community? Logical idea. But NO WAY. We are not allowed to come up with our own ideas when the Torah is very specific about what must be done in this kind of case. We must follow the Torah. To do otherwise is to "play G-d". We cannot presume to understand why G-d commanded IR MIKLAT as He did. Some of it lends itself to common sense. Some does not. Why can one person be released after a day in exile, if the Kohen Gadol dies then, and someone else can stay in exile for years and years, even until his death and beyond. If someone in IR MIKLAT dies before the K.G.,then he must be buried in the IR MIKLAT. His family may exhume the body and transfer it to a family plot only after the death of a K.G. There are elements of this mitzva that defy logic. This seems to be intentional, as the Torah calls the topic of IR MIKLAT a CHUKAT MISHPAT. That is almost a contradictory term that declaresthis mitzva simultaneously a MISHPAT, a common sense mitzva, and a CHOK, a mitzva that defies logic, whose reasons are elusive to us.

CHAZAK CHAZAK...

It is a special honor to be called to the Torah for the Aliya that completes the reading of one of the Five Books. The Torah reader finishes the reading with a flair which prompts the congregation to chant together: CHAZAK, CHAZAK, V'NIT'CHAZEIK. The reader then repeats those words. Some authorities write that the person who gets the Aliya should NOT say those words, since, for him, they might constitute an interruption between the Torah reading and his bracha. Furthermore, the grammar indicates that we are saying CHAZAK... for the person who got the last Aliya.

Pirkei Avot

Five outstanding students of Rabban Yochanan ben Zakkai are described. To focus on two of those descriptions - Rabbi Eliezer b. Hyrkanos is called a plastered cistern, which doesn't lose a drop; and Rabbi Elazar b. Arach is called a gushing spring. Note that both images relate to water. This is appropriate because Torah is analogous to water. The mishna continues with very high praise for Rabbi Eliezer, because of his great retentive powers and memory. Rabbi Elazar, however, is given the highest praise. A cistern holds water and makes it available for anyone who takes the effort to dip in and draw water from it. But a live spring "enthusiastically" gushes forth with water, blessing all in its vicinity. The scholar with a similar personality and approach to Torah will usually be the better, more inspiring teacher.