TheGemarain Maseches Rosh HaShana (18b) says that there are three categories regarding the four fasts (ofAsarahb’Teves,Shiva Asar b’Tamuz,Tisha b’Av, andTzomGedaliah) : 1) when there isgezeiras malchus(persecution) all four fasts are obligatory as fasts, 2) when there is nogezeiras malchusbut also notshalomonlyTisha b’Avis obligatory, and the rest are optional, 3) when there isshalomall four areYamim Tovim. These different situations directly impact the status of the four fasts. However, it is amachlokes Rishonimregarding how to understand this.
Rashi holds that the time period of the secondBeis Ha’Mikdashwas considered a time ofshalomand therefore all four “fasts” had the status ofYomtov, evenTisha B’Av. Nowadays, it depends. When it is a time of persecution, it is obligatory to fast on these four days, and when it is a time that there is no persecution, three out of the four are optional; and just Tisha b’Av remains obligatory since it is a day of extreme sorrow. That is how mostRishonimhold, just that they add thatKlal Yisraelhas already accepted upon themselves to fast nowadays even when there is no persecution.
Within this approach, there is the opinion of theRambanwho holds that, essentially, there is no difference betweenTisha b’Avand all the rest. Therefore, holds theRamban, when it is a time of persecution – which makes it a full-fledged obligation (and not just aminhag) – the other three fasts are a full twenty-four hours and all fiveinuyimapply, just like byTisha b’Av. The reasons, maintains the Ramban, that nowadays we do not observe the other three fasts on the same level of severity as Tisha b’Av is that since it is not a time of persecution, they are voluntary. Although Klal Yisrael indeed accepted upon themselves to observe them, that minhag was only to observe them without their full severity. The Gra seems to concur with this opinion of the Ramban.
TheRambam, though, says differently. If you read it carefully, it is clear that the breakdown according to theRambamis as follows: 1) the time of the firstBeis Ha’Mikdashwas considered a time ofshalom(when all four “fasts” wereYamim Tovim), 2) the time of the secondBeis Ha’Mikdashwas considered a time of no persecution but also notshalom, and 3) nowadays, since we live with thechurban, it is inherently always considered time of persecution.
So we see from theRambamtwochiddushim: number one, that during the time of the secondBeis Ha’Mikdaash,Tisha b’Avwas observed as a fast! This is corroborated by the fact that theRambamsays this explicitly inPirush Ha’Mishnayos(in the firstperekofRosh Ha’Shana). But even without that, it is clear from theRambaminYad Ha’Chazakahthat this is how he holds, if you read it carefully. This demands some sort of explanation. Why would Tisha b’Av already be considered a day of such extreme sorrow even before the second Beis Ha’Mikdash was destroyed? It is possible to posit that it is because the second Beis Ha’Mikdash was not on the level of the first Beis Ha’Mikdash (as the Gemara in Yoma 21b says that 5 things were lacking in the second Beis Ha’Mikdash: the aron ha’kodesh, the keruvim, the Heavenly fire, hashraas ha’Shechina, and ruach ha’kodesh –Editor-). Therefore, it was still necessary to mourn the loss of the first Beis Ha’Mikdash. It is worthwhile to note that the straightforward reading of the Gemara in Maseches Taanis
Chiddushnumber two of theRambamis that he holds not like theRambanwho says that when it is a time of persecution the other three fasts are just as severe asTisha b’Avand have all the same restrictions. How do we see that theRambamdoes not agree with this? Because theRambamsays that nowadays it is inherently always a time of persecution – which means all four fasts are totally mandatory and not subject tominhag– and yet he does not assign the other three fasts the samehalachosasTisha b’Av. OnlyTisha b’Avis a full 24 hours and has all fiveinuyim, but the other three fasts only are during the day and do not have all the other restrictions.
There is a well-known statement of the Maggid Mi’Mezeritch that the Shechina is in exile during the period of the Three Weeks, and that it is about this that the pasuk in Eichah says, “all of her pursuers caught up to her bein hametzarim”. Meaning, during the time of Bein HaMetzarim (the Three Weeks), it is relatively easy to attain connection with the Shechina. This concept is echoed in the Maharsha’s statement in Maseches Bechoros (daf 8) that the 21 days of the Three Weeks correspond to the 21 days that commence with Rosh Ha’Shana and conclude with Shemini Atzeres.
(Audio recordingand notes of Reb Danny Fast)
Provided courtesy of VayigdalMoshe.com
