Tachanun Technicalities

Zecharya HaNavi declares: “Thus says Hashem: The fast of the fourth month, the fast of the fifth, the fast of the seventh, and the fast of the tenth shall be for joy and gladness and cheerful seasons.” (Zecharya 8:19)

These prophetic words foretell a time when even our national days of fasting and grief will be transformed into festivals of joy. Therefore, even now Tisha B’Av is treated as a moed in deference to the future.

Where does the ruling to omit Tachanun on Tisha B’Av come from? The answer lies in a surprising halachic pathway: the Korban Mussaf.

Mishnayos Shavuos begins by discussing which sins each festival’s Korban Mussaf atones for. The Gemara then seeks the sources for the divergent opinions.

Rambam’s commentary on the Mishnayos avoids issuing a final ruling on the dispute among the Taanaim, asserting that Hashem knows which sins are forgiven by which offerings. Yet in his later Yad HaChazaka, the Rambam decisively rules like Rabbi Yehuda. The Acharonim suggest the Rambam changed his mind – and they explore halachic ramifications stemming from this shift. One surprising result follows from the fact that he does not rule like Rabbi Meir.

Rabbi Meir argues that the verse “These shall you offer … on your festivals” (Bamidbar 29:39) includes all moadim, even Rosh Chodesh. Therefore, all Mussaf offerings atone for the same sins. The Gemara, however, challenges this: Rosh Chodesh isn’t called a moed, so it shouldn’t be included in that category.

Abaye resolves this by referencing a verse from Eicha: “He proclaimed a moed to crush my young men.” (Eicha 1:15)

According to the Gemara, the spies embarked on their journey on the 29th of Sivan and returned after 40 days. Because Tammuz had 30 days that year, their return was on the 8th of Av, and Bnei Yisrael wept upon hearing their report that night — the 9th of Av. This timing aligned the nation’s fateful reaction with the already-chosen day of calamity. If Tammuz had 29 days that year, Bnei Yisrael would have cried on the 10th of Av.

Abaye interprets the verse to mean that the “thirty-first” day of Tammuz was declared Rosh Chodesh Av, thus assuring the spies’ return on the 8th of Av. In this way, the verse supports Rabbi Meir’s assertion: even Rosh Chodesh is called a moed.

But if we follow Rabbi Yehuda instead, we don’t need to read the verse in Eicha as referring to Rosh Chodesh at all. Rather, the moed mentioned there is Tisha B’Av itself. Hashem ensured that the moed of Tisha B’av would occur immediately after the spies’ return.

Even a day of calamity becomes a moed, somewhat joining the ranks of Yomim Tovim.

The Shulchan Aruch (Orach Chayim 552:12) codifies this understanding: Tachanun is not recited on Tisha B’Av, nor at Mincha on its eve. Even the three verses normally recited after Mincha on Shabbos are skipped if erev Tisha B’Av falls on Shabbos. Why? Because Tisha B’Av is called a moed: “He proclaimed a festival (moed) to crush my young men.”

In jest, one might say this fulfills a Litvak’s dream: a “holiday” of sadness instead of joy.

Even if moed in Eicha does not refer to Rosh Chodesh, the Tur offers another reason to consider it a moed. The verse in Bamidbar 10:10 says: “And on your joyous occasions, your moadim and your Rosh Chodesh days…”

The Torah’s juxtaposition of Rosh Chodesh with moadim teaches us to treat Rosh Chodesh like a festival.

The Tur (OC 419) concludes that it is a mitzvah to eat a festive meal on Rosh Chodesh. The Shulchan Aruch rules likewise. The Mishna Berurah adds that those meticulous in mitzvos should include an extra dish in their meal, whether Rosh Chodesh falls on a weekday or Shabbos. He further cites a Midrash: though a person’s income is determined on Rosh Hashanah, if someone increases their spending in honor of Rosh Chodesh, Hashem will grant them additional funds.

May we merit the day that all fasts become complete days of joy.