Bein Hametzarim-Tishe Beav related laws for a Yoledes

* This article is an excerpt from the above Sefer

A. Bathing during the nine days:[1]

It is permitted for a woman after birth to bathe during the nine days in even hot water, if necessary for the purpose of lessening her pain.[2] [Practically, she may take a hot shower if she is within seven days after birth. Past this time, however, she may only do so if she received instructions from a doctor. [3]]

B. Sitting on chair on Tishe Beav:[4]

A woman after birth may sit on a chair on Tishe Beav if it is difficult for her to sit on the floor.[5]

C. Wearing leather shoes on Tishe Beav:[6]

A woman who is within thirty days of giving birth may wear leather shoes.[7] [This however only applied back then when only leather shoes were able to provide warmth, however today that there are many shoes of other material in most of the modern world, it is forbidden to wear leather shoes on Tishe Beav even in such a case.[8]]

D. Wishing Mazal Tov on Tishe Beav:[9]

One may wish a Yoledes, or her relatives, Mazal Tov even on Tishe Beav.


E. Mi Shebeirach for Yoledes on Tishe Beav:[10]

One may say a Mi Shebeirach for a Yoledes/woman who is after birth even on Tishe Beav.

When: The Mi Shebeirach is to be said by Mincha, and not by Shacharis.

F. Fasting on Tishe Beav:[11]

A woman within 30 days of childbirth is not required to fast.[12] Nevertheless, the custom is to fast unless she is experiencing great pain, in which case there is worry of danger.[13] Nonetheless, a woman may choose to be lenient against this custom and not fast within thirty days of birth even if she is not in pain.[14] [Practically, in today’s times all women within thirty days of birth are to be taught not to fast.[15] However, some Poskim[16] rule that a woman who is after seven days, and feels healthy, is to fast. Accordingly, such a woman is to contact a Rav for a final ruling. Certainly, if she is within seven days of birth, and even more so if she is within three days of birth, it is forbidden for her to fast.[17]]

Tishe Beav Nidcheh:[18] A Yoledes within 30 days is not to fast on Tishe Beav Nidche even according to the stringent opinion mentioned above.


[1] See M”A 551:40; Elya Raba 551:35; Chayeh Adam 133:19; Mahariy Bruno 12; Shaareiy Teshuvah 551:33; Tzeida Laderech Mamar 1 3:13; Derech Hachaim 7; Kitzur SHU”A 122:12; Kaf Hachaim 551:187; Shaar Hatziyon 551:94; Piskeiy Teshuvos 551:50; Nitei Gavriel 56:20; See Encyclopedia Hilchatit Refuit Vol. 3 Erech Hirayon p. 21; See Toras Hayoledes 51:13 [The M”A ibid rules a Yoledes may bathe during the nine days and states that even on Tisha B’av it seems that this is allowed, and then concludes that one is not to be lenient in this being that we are no longer accustomed to bathe that often. It is unclear if the M”A ibid is saying one should never be lenient, or is not to be lenient on Tisha B’av. The Poskim ibid understand like the latter approach, and hence a Yoledes may bathe as normal, if necessary.]

[2] The reason: It is permitted to bathe for medical purposes as only bathing that is done for pleasure purposes is forbidden. [See Rama 551:16; Admur 613:1 and 614:1 regarding Yom Kippur]

[3] Piskeiy Teshuvos ibid

[4] Aruch Hashulchan Yoreh Deah 387:3 regarding Aveilus of a pregnant woman; Toras Hayoledes 51:14; Piskeiy Teshuvos 559:4;

[5] As they are not doing so for pleasure but simply to remove discomfort.

[6] Michaber 382:2; Admur 614:5 regarding Yom Kippur

[7] The reason: As they are very sensitive to cold and leather shoes keep them warm. [Admur ibid]

[8] Piskeiy Teshuvos 614:5; Nishmas Avraham 614:1; Nitei Gavriel 104:4 based on Mateh Efraim 614:3; Pnei Baruch 15 footnote 8; Rav Cohen

[9] Lehoros Nasan 2:37; Az Nidbaru 13:6; Piskeiy Teshuvos 554:19

[10] Drashos Maharil Tisha Beav; Kaf Hachaim 559:40; Piskeiy Teshuvos 559:6

[11] Michaber 554:6; For a further understanding of such cases see Admur 617-618; See Toras Hayoledes 51:1

[12] Michaber ibid; Bach 554, brought in Darkei Moshe 554 and M”A 554:9

Other opinions: Some Poskim rule a Yoledes is obligated to fast once she is after seven days from birth. [M”A 554:9 in name of Rashal in Teshuvah; Levush 602, brought in Darkei Moshe ibid; Implication of P”M 554 A.A. 9 that we are only lenient by Nidche]

[13] Rama ibid; M”B 554:14; M”A ibid concludes “Each place is to follow his custom”; Bach ibid writes the custom is to fast after seven days even by the other fasts!

[14] Rama ibid

[15] Aruch Hashulchan 554:8 “Today heaven forbid a woman after birth to fast on Tisha B’av as they are weak and are certainly sick and therefore they are not to be allowed to fast”; Pnei Yehoshua 2:16; Avnei Nezer 540; Yabi Omer 5:50 even for Ashkenazim; Shevet Halevi 6:70 that by Tisha B’av Nidche they are not to fast; Piskeiy Teshuvos 554:7; So I received also from Rav Asher Lemel Hakohen

[16] Rashal ibid; M”A ibid that it depends on custom; Shvus Yaakov 3:37 implies to only be lenient by Nidche; Implication of P”M 554 A.A. 9 that we are only lenient by Nidche; Chayeh Adam 135:2; Kitzur SHU”A 124:6; Divrei Yatziv 233 [as today women are healthier than in previous times]; Shevet Halevi 6:70 is only lenient by Nidcheh

[17] M”B 554:13

[18] M”A 554:9; Shvus Yaakov ibid; P”M 554 A.A. 9; Shevet Halevi ibid

Other opinions: Some Poskim rule a Yoledes is obligated to fast once she is after seven days from birth even on Tisha Beav Nidche. [M”A 554:9 in name of Rashal in Teshuvah]

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