You Have The Right To Remain Silent: Omitting Tachanun

Rabbi Blumenkrantz, zt’l, once remarked that the greatest simcha for a Jewish male is to be exempt from Tachanun. Congregants will argue for five minutes to try to exempt themselves from saying Tachanun that takes less time than that.

There is a halachah that we don’t recite Tachanun or fast the first 13 days of Nissan. The Mishkan was erected on the first day of Nisan. To inaugurate the Mishkan, the 12 nesi’im brought their personal offerings. They were each allotted their own day. Each nasi celebrated the day he brought his sacrifice. In commemoration, we don’t recite Tachanun or fast on the first 13 days of Nissan. Why 13 days? There were only 12 nesi’im! One possibility is that the nesi’im actually started bringing their sacrifices on the second day of Nissan. However, this seems to contradict the Midrash that clearly states that Nachshon ben Aminadav brought his offerings on Rosh Chodesh Nissan. The answer may lie in this week’s daf.

The Gemara in Zevachim 28a states that the korbanos were given to Klal Yisrael l’mashcha. The Gemara understands this to mean “for greatness.” The Bnei Yisrael should eat their sacrifices the same way that mortal kings consume their meal. The Rambam indicates that the preferred time for eating any meat is at night (for health reasons). The Lehoros Nasan consequently theorizes that the nesi’im did not eat their korbanos during the day but waited for nightfall. We would have otherwise assumed that the nesi’im ate their korbanos at the first possible opportunity because zerizim makdimim l’mitzvos. However, since there is a mitzvah to eat the korbanos in a royal manner (which should include health considerations as well) the best time for them to eat their korbanos was at night. The last nasi ate his korban on the night of the 13th of Nissan. You may say that this is no big deal. We only save Tachanun for one day. However, we don’t say Tachanun on the 14th of Nissan because it is Erev Pesach. Then we don’t say Tachanun for all of Pesach. The Beis Yosef says that once most of the month passed without Tachanun or fasting, we don’t say Tachanun or fast for the entire month. So the 13th day of Nissan is the day that bridged the first 12 days of Nissan to Erev Pesach and Pesach itself. Therefore we don’t fast or say Tachanun after Pesach until the end of the month.

However, we are far from Nissan so we will be fasting next Friday on Asarah B’Teves. The Gemara (Rosh Hashanah 18b) states on the tenth of Teves Nevuchadnetzar laid siege to Jerusalem. That three-year siege led to the eventual destruction of Yerushalayim and the Beis HaMikdash.

The Shulchan Aruch (580:2) notes that there is an ancient custom to fast on the ninth day of Teves. According to the Magen Avraham, the custom was instituted by the Sages of the Talmud. However, the Shulchan Aruch notes that there is no known occurrence specifically associated with the fast on the ninth.

The Taz suggests that the fast is to commemorate the passing of Ezra HaSofer. Ezra lived at the time of the building of the second Beis HaMikdash. He made many decrees preserving the Torah way of life and keeping our Jewish lineage sacred. Our Chazal extol his virtues by stating that he could have been chosen to give the Torah. The BaHaG states that Nechemyah’s yahrzeit is also on the ninth of Teves. Nechemyah assisted Ezra HaSofer in helping the newly established community in Eretz Yisrael. When he heard of the troubles facing the new citizens, he davened to Hashem for success in using his influence with the Persian king, for whom he served as a top aide. Hashem blessed his efforts with success, and he was able to go to Yerushalayim with the king’s backing and fortify the city’s walls as a defense against the enemy.

The passing of these two great tzaddikim was a terrible blow to the newly formed community. The passing of any tzaddik really warrants a fast, but most certainly in this case.

The commentary of Tosfos Chaddashim on Megillas Ta’anis notes that Yeshu, the posheia b’Yisrael sometimes referred to as “oso ha’ish,” was born on the ninth of Teves. The suffering and tribulations that the Jewish nation experienced throughout the years as a result of his religion cannot be measured. If that was the reason for the fast on the ninth of Teves, it would explain the Shulchan Aruch’s reticence about stating the reason behind the fast.

Rabbi Boruch Frankel wrote in his glosses to Shulchan Aruch that R’ Shimon HaKalphas died on the ninth of Teves. Presumably he is referring to R’ Shimon Keifa, who (according to some) was sent by the rabbis to preserve Torah Judaism.

The following is from a translation of an ancient book called Toldos Yeshu: “The Sages desired to separate from Israel those who continued to claim Yeshu as the Messiah, and they called upon a greatly learned man, Simeon Kepha, for help. Simeon went to Antioch, main city of the Nazarenes, and proclaimed to them: ‘I am the disciple of Yeshu. He has sent me to show you the way. I will give you a sign as Yeshu has done.’

“He added that Yeshu desired that they separate themselves from the Jews and no longer follow their practices . . . They were now to observe the first day of the week instead of the seventh the New Year instead of Chanukah; they were to be indifferent with regard to circumcision and the dietary laws . . . All these new ordinances which Simeon Kepha (or Paul, as he was known to the Nazarenes) taught them were really meant to separate these Nazarenes from the people of Israel and to bring the internal strife.”

People would no longer confuse the new religion with Judaism. Due to the great things R’ Shimon Hakalphas did to preserve Yiddishkeit, his yahrzeit might be the source for the fast on the ninth of Teves.

The Raavad, in his Sefer HaKabbalah, notes another sad occurrence that took place on the ninth of Teves. (The following is a paraphrase of parts of the Raavad’s account.) Rabbi Shmuel HaLevi was appointed prince in the year 4787 (1027), and he conferred great benefits on the Jewish people in Spain, in northeastern and north-central Africa, in the land of Egypt, in Sicily, and as far as the Babylonian academy and Yerushalayim. All of the students who lived in those lands benefited from his generosity, because he purchased for them numerous manuscripts of the Mishnah and the Talmud. (Printing had not yet been invented; manuscripts were very expensive.) Besides this, he furnished olive oil every year for the lamps of the synagogues in Yerushalayim. He spread the knowledge of the Torah and passed away at a ripe old age, having acquired the four crowns of Keser Torah, Keser Gedulah, Keser Leviyah, and, most important, Keser Shem Tov.

Rabbi Shmuel HaLevi died in the year 4815 (1055) and his son, Rabbi Yosef HaLevi, succeeded him as prince. Of all the good traits of his father, he lacked but one: he was not humble like his father, because he grew up in riches and never had to bear the yoke of poverty in his youth. The Berber princes were jealous of him, with the result that on the Shabbos of the 9th of Teves in the year 4827, he and the Jewish community of Granada were murdered. About 150 families were killed. (This is the first known massacre of Jews in Spain by Muslims.)

The Birchei Yosef writes that the Sages who instituted the fast on the ninth of Teves were purposely vague regarding the true purpose of the fast, because they saw, through Divine inspiration, that additional tragedies, other than the passing of Ezra and Nechemyah, were destined for that day. Perhaps all of the aforementioned occurrences were intended to be the reasons for the fast.

The Mishnah Berurah (549:1) writes that on a fast day one should recall the tragedies of the day as a way of arousing oneself to do teshuvah; the fast is only a preparation for teshuvah. He writes, further, regarding one who fasts and is otherwise not engaged in teshuvah: “hiniach ha’ikar v’tafas ha’tafel.” In other words, he grabbed the wrapping and left the presents.

We should all have a meaningful fast and merit seeing the third Beis HaMikdash speedily in our days.