As detailed in previous articles, our current year, 5785, is not only a rare one, but calendarically speaking, actually the hands-downrarest of them all. 5785 is classified as a HaSh”A year in our calendars. This abbreviation is referring to Rosh Hashana falling out on Thursday (hei), both months of Cheshvan and Kislev being shalem (shin - 30 day months instead of possibly 29; these are the only months that can switch off in our set calendar), and Pesach falling out on Sunday (aleph).
A HaSh”A year is the rarest of years, and out of the 14 possibilities in Tur’s 247-year calendar cycle, this year type occurs on average only once in about 30.19 years (approximately 3.3 percent of the time). Indeed, at times there are 71 years (!) in between HaSh”A years. The last time this year type occurred was 31 years ago in 5754/1994. The next time will be 20 years hence in 5805/2044. The next several times after that are slated to be 27 years further, in 5832/2071 and then a 51 year gap in 5883/2122.
Obviously, such a rare calendar contains many rare occurrences, many of which were detailed in previous articles. Let’s continue on our journey through our unique year.
Sunday Night Havdalah
As Shabbos Chazon draws to a close along with our not-too-common fleishig Erev Tisha B’Av Seudah Hamafsekes (a.k.a. Seudah Shlishis),[1] the fast of Tisha B’Av commences. Yet, an important question needs to be asked: What about Havdalah? How can we make Havdalah if we are all now fasting? And, is it proper to make Havdalah on Tisha B’Av?
Let’s jump to the practical conclusion and then backtrack to the specifics. Practically speaking, Havdalah as we know it will only partially be recited on this Motza’ei Shabbos, whereasmost of Havdalah actually gets pushed off until Sunday night, Motza’ei Tisha B’av.[2]
Half Havdalah
In Maariv on Motza’ei Shabbos-Tisha B’Av, we recite “Attah Chonantanu” to allow the performing of melachah (or by simply saying “Hamavdil Bein Kodesh L’Chol” once it is Tzeis Hakochavim at the conclusion of Shabbos). There is no bracha of Besamim at all - as that is considered hana’ah (benefit or pleasure), which we minimize on Tisha B’Av. It is also not recited on Motza’ei Tzom, when the fast ends on Sunday night, as at that point it is no longer directly after Shabbos.
Regarding the bracha of Borei Me’orei Ha’Aish on the flame this Motza’ei Shabbos/Tisha B’Av, this is generally recited in shul (or at home) after Maariv as a stand-alone bracha.[3] [4]On Sunday night Motza’ei Tisha B’Av, when the fast is over, the rest of Havdalah is recited; yet, this Havdalah we start from the bracha on the Kos and it only consists of that bracha and the bracha of “Hamavdil Bein Kodesh L’Chol.”[5]
But there is still an unanswered question: What should be the contents of the Kos on which we are making this Motza’ei Tisha B’Av Havdalah? Generally speaking, many of the Nine Days’ restrictions are still in effect through the next day until at least midday (Chatzos Hayom), including those of eating meat and drinking wine.[6] However, Havdalah still needs to be recited when the fast ends. So what do we do?
Wine or Beer?
As was detailed at length in a previous article, “Of Haftaros and Havdalah: Shabbos Rosh Chodesh Av 5785,” there is a famousthree-way machlokes how to properly perform Havdalah on the Motza’ei Shabbos of the Nine Days (generally Motza’ei Shabbos Chazon), when wine’s consumption would already be prohibited due to the Nine Days’ proscriptions.[7]
The first approach to this is the Shulchan Aruch’s,[8] ruling that whoever makes the Havdalah should just drink the wine himself, as in his opinion, the Nine Days’ restrictions were never intended to negate a Mitzva. The Rema, on the other hand, maintains that it is preferable to find a child that has reached the age of Chinuch, and let him drink the Havdalah wine.[9] That way, the one who actually makes the Havdalah does not have to transgress this prohibition. He concludes however, that mei’ikar hadin the Shulchan Aruch is correct, and if one cannot find a child to drink the wine, then an adult may do so.[10]
Although many Ashkenazic authorities follow the Rema on this, there is a third opinion, that of the Aruch Hashulchan.[11] He maintains that the best solution to our concern is to make Havdalah on Motza’ei Shabbos Chazon using beer instead of wine. Since beer is cited throughout the ages as a ‘Chamar Medina,’ the ‘drink of the land’ on which Havdalah is permitted to be made,[12] it would therefore be the simplest resolution.
Although it would seem that the same debate should apply when Tisha B’Av falls out on Motza’ei Shabbos, nevertheless, it seems that this is actually dependent on whether Motza’ei Tisha B’Av is still considered part of the Nine Days. Although we know that the Nine Days’ restrictions continue until at least midday (Chatzos) of the tenth of Av, with some being makpid the whole next day for some of the restrictions,[13]there is an interesting machlokes between the Mishnah Berurah and Aruch Hashulchan whether the Sunday night-Motza’ei Tisha B’Av Havdalah is more relaxed vis-à-vis the restriction of drinking wine for Havdalah.
The Mishnah Berurah,citing the Dagul Mervavah,[14] writes that Motza’ei Tisha B’Av is not as restrictive as the rest of the Nine Days for this inyan, and one may therefore personally drink of the Havdalah wine without necessitatingfinding a child to drink. Yet, the Aruch Hashulchan disagrees, maintaining that the Nine Days restrictions are still fully in effect, and it is therefore preferable to make Havdalah on ‘Shaar Mashkin’ (Chamar Medina; this is leshittaso) and not wine.[15] A third opinion, that of the Elyah Rabba and Pri Megadim, is that one mayuse wine, but should preferably give it to a child to drink, similar to the Rema’s ruling on a standard Motza’ei ShabbosChazon, due to the Nine Days’ restrictions.[16]
Even more interesting, is that all of these shittos are actually based on the Maharil, the early Ashkenazic codifier. In his Sefer HaMinhagim,[17] the Maharil writes regarding Tisha B’Av Hanidcheh that “k’shehichshich beireich Borei Pri HaGafen V’Havdalah - when it gets dark, recite the brachos of Hagafen and Havdalah,” which the Dagul Mervavah notes, implies that Havdalah may be made on wine on this Sunday night.
Yet, the Aruch Hashulchan, as well as the Elyah Rabba and Pri Megadim, follow the explicit ruling of the Rema, which is based on a responsum of the Maharil,[18] that regarding Tisha B’Av Hanidcheh, wine is still prohibited until the next morning. Apparently, the Mishnah Berurah understood the Maharil as maintaining that B’Makom Mitzvah, such asHavdalah, one needn’t have to be so stringent on Motza’ei Tisha B’Av regarding drinking wine.[19]
Most contemporary authorities seem to follow the Mishnah Berurah’s ruling that one may make this Havdalah with wine and personally drink it. Certainly those who follow the Shulchan Aruch’s ruling of drinking the Havdalah wine during the Nine Days[20] would do so here as well, as Havdalah is the same ‘Makom Mitzva’ that the Shulchan Aruch ruled is an exception to the Nine Days’ restrictions. And those with reservations as to beer being considered ‘Chamar Medina’ nowadays, would still have the same concerns this week as well.
However, the Aruch Hashulchan still maintains ‘Chamar Medina’s preference for this Havdalah, as the wine restriction is still in place until the next day. As withall cases in halacha, one should ascertain from a knowledgeable rabbinic authority which opinion he should personally follow when this occurs.[21]
Choleh on Tisha B’Av: How to Havdalah
Many ask what a choleh (ill or sick person) should do if he or she[22] has a halachic dispensation to eat on Tisha B’Av itself. The halacha is that if a choleh or cholah is required to break his or her fast on a Sunday Tisha B’Av,he or she is still required to make Havdalah before he or she eats.[23] [24]
Nevertheless, the vast majority of contemporary authorities, including Rav Moshe Feinstein, Rav Shlomo Zalman Auerbach, Rav Yosef Shalom Elyashiv, the Minchas Yitzchak, Rav Shmuel Halevi Wosner, Rav Yisrael Yaakov Fischer, and Rav Moshe Sternbuch, maintain that this Havdalah should be made on beeror other ‘Chamar Medina’ (which some in this case specify as including 100% orange juice), and not with wine, as not to violate the exhortation (or perhaps ‘curse’) of the Gemara in Taanis (30b), “kol ha’ochel bassar v’shoseh yayin b’Tisha B’Av,alav hakasuv omer ‘v’tehu ovonosam al atzmosam,” delineating the grave sin that befalls one who eats meat or drinks wine on Tisha B’Av itself.[25]
Accordingly, this Tisha B’Av Havdalah prior to breaking one’s fast would consist of the bracha of ‘Shehakol,’ followed by the bracha of ‘HaMavdil Bein Kodesh L’Chol.’
Other Opinions
On the other hand, the Steipler Gaon is quoted as maintaining wine’s preference for Havdalah even on Tisha B’Av, as the Chazon Ish held thatbeer and other drinks do not maintain ‘Chamar Medina’ status nowadays.[26] The Brisker Rav held similarly, albeit due to different reasoning.[27] There are those who hold that as so, if one would be following this opinion, there is still a preference for grape juice over wine in this scenario, even though grape juice is generally considered included the ‘wine’ category.[28] It goes without saying that if there is no ‘Chamar Medina’ available, then lemaaseh one should still make this Tisha B’Av Havdalah with wine, as either way, Havdalah is indeed mandated.[29]
Of Water, Women, and Children
Several Poskim point out that if one only needs to break his fast exclusively to drink water, then Havdalah would not actually be mandated, as one is normally technically permittedto drink water before Havdalah anyway.[30]
On a side point, and quite interestingly, and although not the normative halacha, there are several contemporary Poskim who maintain that a womanneed not make Havdalah to break her fast.[31] Other solutions include that the husband, who is still fasting, should make Havdalah on Tisha B’Av and she or a child drink it.[32] If following this, then an additional Havdalah on Sunday night is not needed, as the Havdalah obligation was already fulfilled. In case of actual sheilah, one should ask their Posek which shittah to personally follow. As an aside, it is important to note that the contemporary consensusis that a Kattan (child / halachic minor) does not need to make Havdalah when breaking his or her fast.[33]
Only Brachos
Either which way, it is worthwhile to reiterate that just like the Sunday night Motza’eiTisha B’Av Havdalah, Havdalah for a choleh on the fast itself should start from the bracha on the Kos (which according to most Poskim should be ‘Shehakol’) and only consists of that bracha and the bracha of “Hamavdil Bein Kodesh L’Chol.”
Although this article’s discussion is ofthe mandated Havdalah before breaking one’s fast on this Motza’ei Shabbos Tisha B’Av, it is advisable to remember why we are fasting. As the Mishnah Berurah put it, “U’kdai hu Beis Elokeinu l’hitzta’er al churbano al kol panim yom echad b’shanah” – The destruction of Hashem’s house is certainly worthwhile for us to be anguished over, at least one day a year.[34] May it be rebuilt now,andmay this year be the one that Tisha B’Av is finally transformed into a full Mo’ed!
Postscript: An Alternate Solution?
This author was recently informed of an of interesting idea, offering a potential alternate solution on how to perform Havdalah on Motza’ei Shabbos Chazon-Tisha B’Av this year: to make Havdalah before shkiyah on Shabbos Day – while it is still Shabbos, with the bracha on the flame etc. (and any actual melachah) only performed after Tzeis Hakochavim when Shabbos is already over.
This is a very ingenious and creative proposal that may actually work according to the opinion of the Rambam, based on the Gemara in Brachos, who indeed states that Havdalah can be recited before shkiya, even though one is not actually ending Shabbos, and Melacha is obviously still prohibited until Tzeis Hakochavim.[35]
On the other hand, in this author’s estimation, this may not prove such a viable solution. Rav Hai Gaon, as cited by the Tur, understood this Gemara as being exclusively relevant for an Oness (under duress) or Dvar Mitzvah (i.e. no other Havdalah wine available later on etc.). This understanding is underscored and concurred by the majority of Rishonim, including Tosafos, the Rosh, Mordechai, Rabbeinu Yonah, and Ri”tz Giyat.[36]
Indeed, when the Tur and Shulchan Aruch cite this halacha, they qualify that this early Havdalah allowance when it is still Shabbos day as only applying to an Oness (under duress) or Dvar Mitzvah, following Rav Hai Gaon’s understanding. Moreover, the Mishnah Berurah (quoting “Kol Ha’Acharonim”; including the Rashal, Bach, and Magen Avraham) seems to strongly discourage this proposal as it is a “davar tamua l’rabbim” (a ruling that the public will strongly question), as well as being concerned that if one performs this early Havdalah, it is likely that he may unwittingly come to violate prohibited Shabbos Melachos,as it is still Shabbos.[37] Hence, he rules this option out.
The Aruch Hashulchan uses even stronger language: “Miyameinu lo ra’inu v’lo shma’anu laasos kazeh, v’ain laasos kein, v’hu davar hatamua ‘l’rabbim… v’chein hiskimu HaGedolim” - In our days we have never seen nor heard of anyone actually doing this (Havdalah while it is still Shabbos), and one should not do it, as this a ruling that the public will strongly question… and the Gedolim have all agreed to this.[38]
Additionally, many of these Rishonim and Acharonim maintain that specifically in this situation, when Motza’ei Shabbos is Tisha B’Av, one cannot make early Havdalah when it is still Shabbos, as once makes Havdalah it is as if he made an early Kabbalas HaTaanis along with it (meaning, it is as if he accepted the fast upon himself), and now cannot drink the Havdalah wine, even though it technically is still Shabbos.[39]
Moreover, this solution’s lacuna from all of the Poskei Hadoros - Sefardic and Ashkenazic - who attempt to find resolutions for this issue of Havdalah on Motza’ei Shabbos Tisha B’Av - seems to speak volumes.[40] So lemaaseh, although in theory this is a fascinating solution, practically it seems that the Poskim were of the opinion that this is not an eitzah that should be followed.
For any questions, comments or for the full Mareh Mekomos / sources, please email the author: yspitz@ohr.edu.
Rabbi Yehuda Spitz, author ofM’Shulchan Yehuda on Inyanei Halacha, serves as the Sho’el U’Meishiv and Rosh Chabura of the Ohr Lagolah Halacha Kollel at Yeshivas Ohr Somayach in Yerushalayim.
Rabbi Spitz’s recent English halacha sefer, “Insights Into Halacha - Food: A Halachic Analysis,” (Mosaica/Feldheim) contains more than 500 pages and features over 30 comprehensive chapters, discussing a myriad of halachic issues relating to food. It is now available online and in bookstores everywhere.
[1]“Afilu k’seudas Shlomo b’shaato.” See Gemara Taanis (29b), Rosh (ad loc. Ch. 4:32), Tur and Shulchan Aruch and main commentaries (O.C. 551:10), Shu”t Igros Moshe (O.C. vol. 4:112, 1), and sefer Hanhagos Rabbeinu(pg. 290:55).
[2]See Tur, Shulchan Aruch, and main commentaries (O.C. 556:1). This psak follows the majority opinion of Rav Nitronaei Gaon (cited by the Tur ad loc.), the BeHa”G (Hilchos Kiddusha V’Havdalah pg. 46-47), SMa”G (cited by the Beis Yosef ad loc.), SMa”K (96; pg. 60), Rosh (cited by the Tur ad loc.), Tosafos (Pesachim 107a s.v. Ameimar), Rokeach (311), Mordechai (Taanis Ch. 4:638), Hagahos Ashiri (Taanis Ch. 4), Maharil (Hilchos Tisha B’Av), Abudraham (Hilchos Tisha B’Av), Rav Yitzchak Isaac Tyrnau’s Sefer Haminhagim (pg. 81-82), and Darchei Moshe (ad loc. 1). On the other hand, there is the notable minority opinion of the Ramban (Toras Ha’Adam pg. 260) and several other Rishonim, who maintains that since Havdalah in this instance is pushed off, it should be pushed off entirely; and ergo, accordingly, aside for Attah Chonantanu in Shemoneh Esrei, in his opinion there would be no Havdalah al hakos at all this week. Another minority opinion is to make Havdalah as usual on Motza’ei Shabbos, but give the cup in its entirety to a child to drink. It is noteworthy that aside from the Tur (O.C. 559:7) arguing that this is not a viable option, since Motza’ei Shabbos Tisha B’Av occurs every several years, it will become as if a davar kavua, and lead to mistakes and confusion; the Ramban ibid. does as well. It is worthwhile to read Rav Ezriel Hildesheimer’s commentary on the BeHa”G (ibid. 20), as he elaborates on all three shittos of the Rishonim. However, practically speaking, the halacha pesuka follows the BeHa”G with Havdalah on Sunday night – Motza’ei Tzom Tisha B’Av. As the Bach (O.C. 556 s.v. umashekasav HaRamban) succinctly wrote, “v’kasav HaRosh v’chein nahagu ha’am k’divrei HaBeHa”G”, and as the Beis Yosef (ad loc.) concluded on a similar note, “v’chein nahagu olam.”
[3]See Shulchan Aruch (O.C. 556:1), Levush (ad loc. 1), Chayei Adam (vol. 2:136, 5), Kitzur Shulchan Aruch (125:6 and 7), Aruch Hashulchan (O.C. 556:1 and 2), and Mishnah Berurah (ad loc. 1).
[4]Regarding whether women should make the bracha of Borei Me’orei Ha’Aish, it should be noted that the Mishnah Berurah (296:8, Biur Halacha s.v. lo yavdilu) is medayek from the lashon of the Magen Avraham (ad loc. 11) that due to the sfeikos involved regarding women’s status vis-à-vis the bracha of Borei Me’orei Ha’Aish [as it is Zman Gerama, not dependent on Shabbos, but rather due to fire’s creation on Motza’ei Shabbos, is not essentially part of Havdalah, nor is it Birchas HaNehenin, and is not a full chiyuv (see Orach Chaim 298:1)], that it is “yoser nachon lomar d’ainah chayeves b’virchas ha’ner l’kuli alma.” In other words, he seems to be maintaining that it is preferable even when pertaining to a woman making Havdalah for herself, that she should not make the bracha of Borei Me’orei Ha’Aish. It stands to reason that the same would hold true on Motza’ei Shabbos Tisha B’Av, as well. Several Poskim, including Rav Yechiel Michel Tukachinsky (in his annual Luach Eretz Yisrael, in the entry for the first Motza’ei Shabbos of the year), and Rav Chaim Kanievsky (Shoneh Halachos vol. 2:296, 8), rule following the Mishnah Berurah’s precedent, that women should not make the bracha of Borei Me’orei Ha’Aish. Yet, it must be noted that this is a novel approach and this distinction is not cited by other authorities. In fact, over a hundred years earlier, the Chida (Birkei Yosef O.C. 693:1) wrote regarding a similar case, that a woman should make her own Havdalah, including the bracha on the Ner. The Kaf Hachaim (O.C. 696:75) wrote that even according to those who hold a woman may not make her own Havdalah, she should still make her own Borei Me’orei Ha’Aish, as it is a Birchas HaNehenin. Indeed, many contemporary authorities argue on this assessment of the Mishnah Berurah’s, maintaining that his distinction is too much of a chiddush, and the Shulchan Aruch (O.C. 296: 8; see also Aruch Hashulchan ad loc. 5 and 12, and Ben Ish Chai, Year 2, Parashas Vayeitzei 22) did not seem to distinguish between the different brachos of Havdalah, but rather mandating that women are obligated in all of them. Moreover, the Gemara (Pesachim 53a) states that the bracha of Borei Me’orei Ha’Aish was established to thank Hashem for creating fire on the very first Motza’ei Shabbos, implying that it is of the Birchos HaNehenin and should not be considered in the category of Mitzvos Asei Shehazman Grama that women are exempt from performing. Rather, these Poskim assert that although it may be preferable for her husband to make it for her, nonetheless, if not, women could and should make the bracha of Borei Me’orei Ha’Aish, as it is at least akin to that of the brachos on Lulav and Shofar that women are technically exempt from performing, but nonetheless receive a Mitzvah for doing so. This majority consensus includes Rav Moshe Feinstein (Shu”t Igros Moshe, Choshen Mishpat vol. 2:47, 2 s.v. v’hinei), Rav Shlomo Zalman Auerbach (Shu”t Minchas Shlomo vol. 2:53, 2 s.v. u’lf”z, Shemiras Shabbos Kehilchaso vol. 2, Ch. 61, footnote 69, and Halichos Shlomo, Moadim vol. 2, Ch. 15, 14), Rav Yosef Shalom Elyashiv (cited in sefer Kara Alei Moed, pg. 121, footnote, citing Rav Chaim Kanievsky that his father-in-law, Rav Elyashiv, held that a woman may indeed recite the bracha; Dvar Halacha / Leket Hilchos L’Bein Hametzarim V’Tishas Hayamim; Shu”t Yissa Yosef vol. 1:118, and sefer Hanhagos Rabbeinu pg. 293; that although Rav Elyashiv cites proof from the Ritva (Pesachim 54a) not like the Mishnah Berurah’s understanding, nonetheless out of deference to the Mishnah Berurah, he concludes it would be preferable for a woman not to make the bracha herself), the Pupa Rav (Shu”t Vayaan Yosef vol. 1:124), the Debreciner Rav (Shu”t Ba’er Moshe vol. 4:24), Rav Eliezer Yehuda Waldenberg (Shu”t Tzitz Eliezer vol. 14:43), Rav Shmuel Halevi Wosner (Shu”t Shevet Halevi vol. 6:42, 2, end s.v. v’omer and vol. 7:77, 2), Rav Moshe Sternbuch (Moadim U’Zmanim vol. 7:255, Hagahah and Shu”t Teshuvos V’Hanhagos vol. 1:266), Rav Ovadiah Yosef (Shu”t Yabea Omer vol. 4:24, 9 and 12 in the parenthesis, and Shu”t Yechaveh Daas vol. 4:27), Rav Ben Tzion Abba Shaul (Shu”t Ohr L’Tzion vol. 2, Ch. 22, 3), Rav Meir Brandsdorfer (Shu”t Knei Bosem vol. 3:17), Rav Efraim Greenblatt (Shu”t Rivevos Efraim vol. 1: end 273 s.v. u’vBiur Halacha), and the Strasbourger Rav (Shu”t Kinyan Torah B’Halacha vol. 1:88, 3). However, several Poskim point out that this is not necessarily contrary to the Mishnah Berurah’s position, as they maintain that he was simply stating that in his opinion, women are not actually obligated to make Borei Me’orei Ha’Aish, but implying that they still may do so, similar to Lulav and Shofar. This understanding is presented by Rav Chaim Na’eh (Ketzos Hashulchan vol. 3:97, Badei Hashulchan 12), Rav Binyomin Zilber (Shu”t Az Nidberu vol. 10:27), and Rav Chaim Kanievsky, who in a later edition of Shoneh Halachos (see Hosafos U’Tikunim L’Hotzaah HaShlishis, found at the end of the sefer in the later editions, 296) amended his original statement to read that women are not obligated to make the bracha. Similarly, Rav Asher Weiss has recently been quoted (Kinos Otzar HaRishonim, Kitzur Hilchos Tisha B’Av al pi Piskei baal Minchas Asher, pg. 26) as maintaining that although it is certainly preferable that a woman be yotzei via a man making this bracha for her, nonetheless in this situation, “Nashim yecholos gam kein levaraich al ha’ner (aval adif she’ish yotzi’am).” [See also Zemiros L’Shabbos Minchas Asher (Leket Minchas Asher, Havdalah, Birchas HaNer B’Motza’ei Shabbos, 8, Nashim B’virchas HaNer, pg. 195–196), where after discussing the above machlokes, concludes “Sof davar, d’avid k’mar avid u’d’avid k’mar avid, u’minhag ha’olam d’nashim mevorchos Birchas HaNer.”]
[5]See Shu”t Rivevos Efraim (vol. 1:380, 3), Halichos Even Yisrael (Moadim vol. 1, pg. 376:13), Shemiras Shabbos Kehilchasa (vol. 2, Ch. 62:46*), Hanhagos Rabbeinu(pg. 291:59), Halichos Shlomo (Moadim vol. 2, Ch. 16, footnote 14), as well as Rav Shlomo Zalman Auerbach’s he’aros to sefer Pnei Baruch (on Bikur Cholim, pg. 183), based on the Pischei Teshuva (Y.D. 176:2) regarding an avel, and Shu”t Divrei Malkiel (vol. 6:9), and Kuntress Sukkas Chaim (pg. 64:10 and 65:7; citing Teshuvos from Rav Chaim Kanievsky and Rav Moshe Sternbuch), that the pesukim usually recited in the beginning of Havdalah –“Hinei Keil Yeshuasi” etc. are not recited as these pesukim are only said on a Motza’ei Shabbos [see Matteh Efraim (601:10 and 625:5), Katzeh Hamatteh (601:6), and Shemiras Shabbos Kehilchasa (vol. 2, Ch. 60:23)]. Hence, this Sunday night Havdalah starts with the bracha on the Kos.
[6]SeeShulchan Aruch and Rema and main commentaries (O.C. 558).
[7]Although non-alcoholic, grape juice would nonetheless not truly be preferential for Havdalah this Motza’ei Shabbos. We refrain from meat and wine in the Nine Days as a symbol of mourning for the destructions of the Batei Hamikdash - where Karbonos were brought daily - mainly Zevachim (which was meat) and Nesachim (its wine libation). The Shulchan Aruch (Orach Chaim 551:10) mentions that any wine, including freshlymade wine, is forbidden during the Nine Days. The Mishnah Berurah (ad loc. 66) explains that even though it is sweet and weak, and could not be used as a libation in the Bais Hamikdash, it is nonetheless forbidden because the accepted restriction does not differentiate, but rather is to refrain from all types of wine. Since this weak beverage is still considered a ‘wine,’ we do not drink it during the Nine Days. The same would apply to our ubiquitous grape juice, which is still considered a type of wine. Therefore, halachically, using it for Havdalah is technically only slightly more of a solution than drinking wine. See Shu”t Minchas Shlomo (vol. 1:64), Shu”t Rivevos Efraim (vol. 8:177; citing many Poskim), Moadei Yeshurun (pg. 130) and Mesores Moshe (vol. 1, pg. 174 s.v. mitz) quoting Rav Moshe Feinstein, Shu”t Even Yisrael (vol. 9, He’aros on Mishnah Berurah, Hilchos Tisha B’Av pg. 110 s.v. vtz”a), Shu”t Teshuvos V’Hanhagos (vol. 2:259), Shu”t Ohr L’Tzion (vol. 3, Ch. 26:8), Rav Chaim Kanievsky’s Moadei HaGra”ch (vol. 1:317 and 318), Rav Shmuel Kamenetsky’s Kovetz Halachos (Dinei Bein HaMetzarim), Sefer Nechemas Yisrael (pg. 114:295), Halichos Even Yisrael (Moadim vol. 1, pg. 348:1), Hanhagos Rabbeinu (pg. 281:16), Netei Gavriel (Hilchos Bein HaMetzarim vol. 1, Ch. 39), Piskei Teshuvos (vol. 5:551, 42), and the Belz Dvar Yom B’Yomo Luach (5776; pg. 647). Rav Asher Weiss (the renowned Minchas Asher) has recently averred the same to this author.
[8]Shulchan Aruch (Orach Chaim 551:10), Biur HaGr”a (ad loc. s.v. u’mutar), Mishnah Berurah (ad loc. 67).This ruling is accepted and followed by Sefardic Jewry, and on Motza’ei Shabbos Chazon, their psak is to drink the Havdalah wine as usual.See Kaf Hachaim (Orach Chaim 551, 152), Rav Mordechai Eliyahu’s Darchei Halacha Glosses to the Kitzur Shulchan Aruch (122, 14), and Yalkut Yosef (Kitzur Shulchan Aruch, Orach Chaim 551, Din Achilas Bassar B’Teishes HaYamim 24).
[9]One detail the Rema does not mention is how old this child should be. The Magen Avraham (and clarified by the Machatzis Hashekel and Dagul Mervava ad loc.) qualifies the Rema’s ruling. He explains that the child must not be old enough to be able to mourn the destruction of the Beis Hamikdash, for if a child is able to understand and properly mourn, there is no halachic advantage gained by having him drink the cup. Additionally, the child must be ‘higia l’chinuch,’ old enough to understand the need to make a bracha before drinking, for, if not, the Havdalah would end up being a ‘bracha levattala,’ in vain, unless an adult drinks the wine. So basically, to fulfill the Rema’s ruling lechatchila, the child must be in the ballpark of 6 to 9 years old; otherwise, it would be preferable for an adult to drink it. This ruling is followed by most mainstream Ashkenazic authorities, including the MagenAvraham (Orach Chaim 551:31), Machatzis Hashekel (ad loc.), Pri Megadim (ad loc. Sifsei Daas 31), Dagul Mervava (ad loc.), Chayei Adam (vol. 2, 133:16), Kitzur Shulchan Aruch (122:8), Mishnah Berurah (551:70), Rav Yosef Eliyahu Henkin’s authoritative Ezras Torah Luach (Chodesh Av; and reprinted in his posthumously published Shu”t Gevuros Eliyahu - Orach Chaim 153 s.v. Shabbos Chazon), and Rav Yechiel Michel Tukachinsky’s essential Luach Eretz Yisroel (Chodesh Av, Parashas Devarim). The Steipler Gaon (Orchos Rabbeinu vol. 2, pg. 135, 23) and Rav Yosef Shalom Elyashiv (Ashrei HaIsh - Orach Chaim vol. 3, pg. 468 - 469, 34 and 35) are quoted as maintaining that if a child within that age range cannot be found, it is still preferable to allow a boy up until his Bar Mitzva to drink, before relying on an adult to drink. However, the Butchacher Gaon (Eshel Avraham - Orach Chaim 551, 10) held that once a child can properly mourn, an adult might as well drink in his stead. Rav Elyashiv stressed that this dispensation for a child is only for a boy not a girl. An adult male drinking Havdalah wine is preferable to a girl within the proper age range. [See the following commentaries to Orach Chaim 296: Rema (8), Bach (1), Magen Avraham (4 and 11), Derech Hachaim (Dinei Havdalah 3), and Mishnah Berurah (35 and Shaar Hatziyun 34).]
[10]Rema (Orach Chaim 551:10), based on Shu”t Maharil (15). Interestingly, the Maharil himself writes that he saw that his Rabbeim were not so makpid with this restriction. The Vilna Gaon (Biur HaGr”a ad loc. s.v. v’nohagin), and later the Mishnah Berurah (ad loc. 68), explain that regarding Havdalah there is an option to let a child drink it as opposed to a Seudas Mitzva.
[11]Aruch Hashulchan (Orach Chaim 551:26).
[12]As seen in Gemara Pesachim (107a) in the story of Ameimar regarding his using beer for Havdalah after realizing that in the locale he was in, it was ‘Chamar Medina.’ See Tur and Shulchan Aruch (Orach Chaim 292:2) and Biur Halacha (ad loc. s.v. im). However, using Chamar Medina for Kiddush is not so simple, as the Gemara’s conclusion of its discussion of the topic is unclear, and the Rishonim therefore reach different conclusions as to its permissibility. For example, the Rambam (Hilchos Shabbos Ch. 29:17), Maggid Mishnah (ad loc.; also citing the Maharitz Giyus), Hagahos Maimoniyos (ad loc. 3; citing several other Rishonim), Rif (Pesachim 22a-b in his pagination), Ran (ad loc. s.v. ain and aval), and Mordechai (Pesachim 37b in his pagination, right column; also citing Rabbeinu Peretz), all ruled stringently that one may not use ‘Chamar Medina’ for Kiddush at all, while the Rosh (Pesachim Ch. 10, end 17), citing the R”i and the Ra’avan, as well most of the Gaonim (cited by the Ba’er Hagolah,O.C. 272, os lamed), ruled permissively. Yet, the Rosh himself adds a caveat, that for the Biblically mandated Friday night Kiddush it is preferable not to use ‘Chamar Medina,’ and if no wine is available to rather use bread, and only for the Shabbos Day Kiddush ‘Chamar Medina’ is preferred. Practically, the Tur and Shulchan Aruch (O.C. 272:9) conclude with the Rosh’s assertion, that for the Rabbinic Shabbos day Kiddush one may certainly use ‘Chamar Medina’, as there is no actual change in the order or makeup of Kiddush, just a ‘shehakol’ replacing the wine’s ‘hagafen.’ The Shulchan Aruch seemingly concurs, calling the Rosh’s assessment “divrei taam heim,” with the Rema (ad loc.) adding “v’chein haminhag pashut K’divrei HaRosh,” which explains why many are more inclined to be lenient with using ‘Chamar Medina’ for the Shabbos day Kiddush, but not the Friday night Kiddush.
[13]See Shulchan Aruch, Rema, and main commentaries to (O.C. 558).
[14]Mishnah Berurah (O.C. 556:3 and Shaar Hatziyun 7), citing the Dagul Mervavah (ad loc.).
[15]Aruch Hashulchan (O.C. 556:2 and O.C. 558:2). His opinion maintaining preference for using beer for Havdalah on Motza’ei Shabbos Chazon was written several simanim prior, in O.C. 551:26.
[16]Elyah Rabba (556:4) and Pri Megadim (ad loc. E.A. 2); Rema (O.C. 551:10). These issues were discussed at length in a previous article titled “Of Haftaros and Havdalah: Shabbos Rosh Chodesh Av 5785.”
[17]The Maharil’sSefer HaMinhagim (Hilchos Shiva Asar B’Tamuz V’Tisha B’Av).
[18]Rema (O.C. 558:1), based on Shu”t Maharil (125).
[19]See Shu”t Divrei Malkiel (vol. 6:9 s.v. va”d Havdalah) who holds this way andShu”t Rivevos Efraim (vol. 3:371 s.v. uv’inyan) who elucidates the Mishnah Berurah’s shittah similarly.
[20]ShulchanAruch (O.C. 551:10). He maintains that whoever makes the Havdalah should just drink the wine himself. The Gr”a (Biur HaGr”a ad loc. s.v. u’mutar), explains this position (and is later echoed by the Mishnah Berurah ad loc. 67) that Havdalah is no worse than a Seudas Mitzva; just as at a Seudas Mitzva (such as a Bris) one may drink the wine even if it falls out during the week of Tisha B’Av, so too by Havdalah. They add that according to the Shulchan Aruch, these restrictions were never intended to negate a Mitzva.
[21]This certainly holds true here, as contemporary authorities are divided as well as to which shittah to follow. For example, Bobov and Skver minhag is to make Havdalah on beer on Motza’ei Tisha B’Av (cited in Rav Dovid Harfernes’s Shu”t Mekadesh Yisrael, L’Ymei Bein HaMetzarim, pg. 100:147; thanks are due to R’ Shloime Lerner for pointing out this source), while in Rav Yechiel Michel Tukachinsky’s authoritative Luach Eretz Yisrael (5775; Tisha B’Av) it states to make Havdalah on wine and make sure to give it to a child to drink. However, both Rav Yosef Eliyahu Henkin (in his posthumously published Shu”t Gevuros Eliyahu, vol. 1:153, 6 s.v. kishero’eh) and the Rivevos Efraim (ibid.) maintain that one may indeed follow the chiddush of the Dagul Mervavah and Mishnah Berurah and perform Havdalah on wine and drink it himself; implying however no predilection nor preference for doing so. [Interestingly, the 5776 Ezras Torah Luach (Chodesh Av, pg. 126 s.v. arvis) implies Rav Henkin held that the ikar was to indeed makeHavdalah on wine and drink it himself.] This is also how it is cited in Rabbi Shimon Eider’s The Halachos of the Three Weeks (Ch. 7:1), that one may use either wine or beer for this Havdalah; citing both the Mishnah Berurah and Aruch Hashulchan’s shittos. On the other hand, the Divrei Malkiel (Shu”t vol. 6:9 s.v. va”d Havdalah; maintaining not to drink any more than the minimum shiur), as well as Rav Moshe Feinstein (cited in Mesores Moshe vol. 2, pg. 134: end 365), Rav Yisrael Yaakov Fischer (Halichos Even Yisrael, Moadim vol. 1, pg. 380:22), Rav Shmuel Halevi Wosner (Shu”t Shevet Halevi vol. 6:70, 9), Rav Dovid Feinstein (cited in Rav Yitzchok Dovid Frankel’s Shu”t Yad Dodi, vol. 1, Hilchos Tisha B’Av), and Rav Yosef Shalom Elyashiv (as cited in his noted talmid Rav Nochum Eisenstein’s Dvar Halacha / Leket Hilchos L’Bein Hametzarim V’Tishas Hayamim), are quoted as ruling akin to the Dagul Mervavah and Mishnah Berurah, and making Havdalah on wine and personally drinking it. [On the other hand, Kuntress Sukkas Chaim (pg. 61) cites Rav Elyashiv’s talmid Rav Yosef Efrati (Shu”t Yissa Yosef O.C. vol. 1:118, 2) as maintaining that beer is preferable for this Havdalah.] This is also the minhag in Belz (BelzDvar Yom B’Yomo Luach, 5776; pg. 672) to just drink the Havdalah wine. Certainly those who follow the Shulchan Aruch’s ruling of drinking the Havdalah wine during the Nine Days would do so here as well, as Havdalah is the same ‘Makom Mitzva’ that the Shulchan Aruch ruled is an exception to the Nine Days’ restrictions. Hence the caveat that one should ascertain from a knowledgeable rabbinic authority which opinion he should personally follow.
[22]Although Tisha B’Av is more stringent regarding pregnant or nursing mothers than most other fast days (see Shulchan Aruch, O.C. 554:5 and Rema ad loc. 550:1), there is a well-known general Yerushalayim dispensation for pregnant or nursing mothers on Tisha B’Av due to the extreme heat and high risk of dehydration [see, for example Shu”t Even Yisrael (vol. 9:62, 10), Halichos Even Yisrael (Moadim vol. 1, pg. 359–360), Halichos Shlomo (Moadim vol. 2, Ch. 16, footnote 2),Maadanei Shlomo (on Moadim, pg. 58, footnote 13), and sefer Halichos Beisah (Ch. 25, footnote 3)], especially if the nursing mother’s milk will be decreased and the infant will not have sufficient nutrition [see the Maharsham’s Daas Torah (O.C. beg. 550), Chazon Ish (O.C. 59:3–4; regarding a child who does not have access to sufficient milk is considered b’makom sakana), and Orchos Rabbeinu (new edition, vol. 2, pg. 177:37)].
[23]The halacha pesuka is that if a choleh is required to break his fast on this Sunday Tisha B’Av, he needs to make Havdalah. See Shaarei Teshuva (556:1; citing the Chida’s Birkei Yosef ad loc. 2, as well as Shu”t Knesses Hagedolah vol. 2:71; although they debate whether it is preferential to make this Havdalah on Motza’ei Shabbos or right before needing to break the fast), Dagul Mervavah (O.C. 559:9), Kaf Hachaim (ad loc. 8 and 9; he also cites the minority opinion of several Rishonim, including the Ramban, Rashba, Ritva, and Radbaz, who maintain that in our case since Havdalah is pushed off it, is no longer mandated; see also ad loc. 5), Shu”t Maharil Diskin (Kuntress Acharon 5:72), Shu”t Yaskil Avdi (vol. 7, O.C. 36), Shu”t Shevet Halevi (vol. 9:133), Shu”t Divrei Yatziv (O.C. vol. 2:242), Shu”t Yechaveh Daas (vol. 3:40), Shu”t Tzitz Eliezer (vol. 14:44), and Shu”t Rivevos Efraim (vol. 1:380, 1). See next footnote. [However, there were those who were more meikil, i.e. Shu”t Zeicher Simcha (Bamberger; 69; who maintained that if one is too weak to drink wine or beer for Havdalah he is not required to make Havdalah at all, as “D’lo Tiknu Chazal Havdalah Al Hakos L’Yom Zeh.” A similar shittah is put forth by Rav Nosson Gestetner (Shu”t Lehoros Nosson vol. 2:36, 12; citing precedent from the Toras Chaim, O.C. 556:1), but only if the choleh cannot drink beer or find a child to drink Havdalah wine, then he can rely on the Rishonim who hold that Havdalah in this instance is not mandated, and eat without first making Havdalah, until Motza’ei Tzom when he should make Havdalah. However, as mentioned previously, this is not the basic halacha for standard cholim who have a dispensation to eat on Tisha B’Av. See also Rav Yosef Shalom Elyashiv’s Kovetz Teshuvos (vol. 1:57, 1), who aside for emphatically declaring that the halacha pesuka is that a Choleh needs to make Havdalah prior to breaking his fast on Tisha B’Av, he adds that part of the reason that the Rishonim (Ramban et al.) who held Havdalah post-Tisha B’Av is not necessary is because they were of the opinion that Havdalah can only be made up to one day after Shabbos. He explains that once Tisha B’Av ends on Sunday night, it is already more than a day past the end of Shabbos, and that is why these Rishonim assert Havdalah is not performed [it is important to note that this is not the halacha pesuka]. However, for a Choleh who needs to eat on Tisha B’Av itself, it is still within one day of Shabbos ending, and hence, Rav Elyashiv maintains that even according to these Rishonim it stands to reason that they would still mandate Havdalah.]
[24]As an aside, if one eats bread on Tisha B’Av, according to most, they should insert ‘Nacheim’ in Birkas Hamazon in the bracha of U’vnei Yerushalayim. See Rema (O.C. end 557; citing the Maharil), Magen Avraham (ad loc. 1), Machatzis Hashekel (ad loc. 1), Ba’er Heitiv (ad loc. 3), Chayei Adam (vol. 2:135, 23), Mishnah Berurah (ad loc. 5), Aruch Hashulchan (ad loc. 3), Shu”t Sho’el U’Meishiv (Chamisha’ei 39; even for a Baal Bris; see She’arim Metzuyanim B’Halacha 125, Kuntress Acharon 5), Shu”t Hisorerus Teshuva (vol. 2, He’aros on Shulchan Aruch 557; that the whole year we should mention at our tables the Churban Beis Hamikdash, and certainly on Tisha B’Av itself), and Ben Ish Chai (Year 1, Parashas Devarim 27), who maintains this is only if one broke his fast after Chatzos (as opposed to the Machatzis Hashekel, who specifically writes that it applies whenever one broke his fast), and adding that the closing of the bracha should be changed to “Menacheim Tziyon B’vinyan Yerushalayim.” As an aside, if washing for Hamotzi on Tisha B’Av, although the Maharil Diskin seemed undecided (Shu”t, Kuntress Acharon 68), nonetheless, the halacha is that one may wash his hands fully as usual, as ‘B’Makom Mitzva Lo Gazru’ regarding Rechitza on Tisha B’Av [see Shulchan Aruch and main commentaries (O.C. 554:12), as well as Shu”t Yad Sofer (7:4), Shu”t Levushei Mordechai (Tinyana Y.D. 11:3), and Rav Yaakov Hillel’s Luach Ahavat Shalom (5778, pg. 549)].
[25]Although the halacha pesuka is that if a choleh is required to break his fast on this Sunday Tisha B’Av, he needs to make Havdalah, nevertheless, the vast majority of contemporary authorities maintain that this Havdalah should be made on beer or other ‘Chamar Medina,’ and not with wine. See Kaf Hachaim (O.C. 556:9), Shu”t Minchas Yitzchak (vol. 8:30, 4), Kovetz Teshuvos (vol. 1:57, 1), Shu”t Shevet Halevi (vol. 7:77, 2), Shu”t Even Yisrael (vol. 9:45), Shu”t Az Nidberu (vol. 11:48 s.v. siman 371), Shu”t Lehoros Nosson (vol. 2:36, 5 and 9), Shu”t Kinyan Torah B’Halacha (vol. 2:111, 2), Shu”t Rivevos Efraim (vol. 3:371; citing Rav Chaim Kanievsky and the Netei Gavriel), Shu”t Teshuvos V’Hanhagos (vol. 5:168, 9), Mesores Moshe (vol. 1:376, pg. 173-174 and vol. 2:276, pg. 137), Emes L’Yaakov on Tur and Shulchan Aruch (O.C. 556, footnote 525), Halichos Shlomo (Moadim vol. 2, Ch. 16:7), Maadanei Shlomo (on Moadim, pg. 59), Ashrei HaIsh (O.C. vol. 3, Ch. 72:2, pg. 492), Hanhagos Rabbeinu(pg. 293), Halichos Even Yisrael (Moadim vol. 1, pg. 377:9), Shemiras Shabbos Kehilchasah (vol. 2, 62:48), Kuntress Sukkas Chaim (pg. 67:17; Teshuvos Rav Moshe Sternbuch), Rav Mordechai Eliyahu’s Darchei Halacha glosses to the Kitzur Shulchan Aruch (125:8), and Rav Yaakov Hillel’s Luach Ahavat Shalom (5778, pg. 549).
[26]Orchos Rabbeinu (vol. 2, pg. 136 and 145; new edition, vol. 2. Tisha B’Av 43, pg. 177–178, and vol. 1, ‘Hora’os m’Maran HaChazon Ish’, pg. 424:49), Kovetz Teshuvos (vol. 1:57 s.v. od b’hanal), Chut Shani (Hilchos Shabbos vol. 4, Ch. 6:4, pg. 111 s.v. uv’chu”l), Zeh Hashulchan (vol. 2:556), and Rav Srora Debilitzky’s Tisha B’Av Shechal B’Yom Alef (53; albeit only after first attempting to find a child to drink). Rav Ben Tzion Abba Shaul (Shu”t Ohr L’Tzion vol. 2, 29:8) asserts that the (Sefardic) minhag is specifically to make Havdalah with wine, even for a choleh on a Tisha B’Av Shenidcheh, as it is nonetheless considered a Makom Mitzva (as per the Shulchan Aruch’s shittah regarding the Nine Days). See also Shu”t Hisorerus Teshuva (vol. 2, He’aros on Shulchan Aruch 556) who earlier maintained to drink the wine, but it is nonetheless preferable to find a kattan to drink it and only if one cannot may he drink it himself.
[27]See following footnotes.
[28]See Rav Chaim Kanievsky’s hosafos to his father-in-law, Rav Yosef Shalom Elyashiv’s teshuva (Kovetz Teshuvos vol. 1:57), as well as Moadei HaGra”ch (vol. 2:403), sefer Kara Alai Moed (Ch. 7:17) citing Rav Nissim Karelitz, Hanhagos Rabbeinu(pg. 292:61), Kovetz M’Beis Levi (vol. 13, pg. 54; that if one is following this shittah, grape juice is preferable to wine), Piskei baal Minchas Asher (printed in the recent Kinos Otzar HaRishonim, Kitzur Hilchos Tisha B’Av, pg. 26; Rav Asher Weiss recently told this author that in his opinion, it is problematic to allow beer for Havdalah lechatchila nowadays. He explained that since there exists such a wide range of possibilities and everyone’s drinks are based on their own personal preferences, it is difficult to ascertain and label any specific drink as a ‘national drink’ and considered a true ‘Chamar Medina’; hence, it should not be used for Havdalah. Ergo, in his opinion, in this specific case, for Havdalah on Tisha B’Av itself one should use grape juice, but not wine or beer), and the Belz Dvar Yom B’Yomo Luach (5776; pg. 666).
[29]As per the Steipler Gaon and Chazon Ish (ibid.), as well as several other opinions, including the Brisker Rav (Chiddushei Maran Ri”z Halevi, Hilchos Taaniyos, pg. 10a s.v. Taanis daf lamed and hinei) who maintain that one may indeed make Havdalah with wine on Tisha B’Av when needed, based on the shittah of the Terumas Hadeshen (151; cited by the Magen Avraham, O.C. 552:6-7, and Biur HaGr”a ad loc. s.v. v’ain tzarich) that the Seudah HaMafsekes is akin to Aninus (“Meiso Mutal Lefanav”) and Tisha B’Av itself is akin to Aveilus. Ergo, a Choleh’s dispensation should be akin to an Avel’s, who is permitted to drink wine after the niftar is buried. The Knesses Hagedolah (Shu”t vol. 2:71) implies this way as well, referring to a Choleh’s Havdalah on Tisha B’Av as ‘Mavdilin Al Hakos Birkas HaYayin.’ However, as Rav Yosef Shalom Elyashiv, Rav Chaim Kanievsky (see Hosafos to Kovetz Teshuvos vol. 1:57), and Rav Shlomo Zalman Auerbach (Halichos Shlomo, Moadim vol. 2, Ch. 16, footnote 23) point out, other Rishonim [e.g. Ohr Zarua (vol. 2, Hilchos Tisha B’Av 415) and Teshuvos HaRitva (63; cited by the Beis Yosef in O.C.557)] do not seem to agree to this Chiddush or this understanding, as regarding the reason ‘Nacheim’ is only recited at Mincha and not in prior Tefillos of Tisha B’Av, they explain that is because only then, on Tisha B’Av afternoon, is it akin to the aftermath of a Meis being buried and us capable of receiving Nechama, consolation. Hence, accordingly, Tisha B’Av itself seems to be akin to Aninus and not Aveilus. They therefore assert that other beverages of Chamar Medina or even grape juice are still certainly preferable to wine. See also Halichos Even Yisrael (Moadim vol. 1, pg. 375:10), who explains that as Havdalah is mandated, if ‘Chamar Medina’ is not available, it still must be performed, even with wine if necessary. Rav Yosef Shalom Elyashiv (Kovetz Teshuvos ibid. and Hanhagos Rabbeinu ibid.) and Rav Shmuel Halevi Wosner (Kovetz M’Beis Levi ibid.) concur, although maintaining grape juice would still be preferable than wine, if beer or other Chamar Medina is not available. See previous footnote, detailing that the Poskim maintaining Havdalah with wine on Tisha B’Av prefer grape juice as a better option.
[30]See Shu”t Shevet Halevi (vol. 8, end 129; based on Shulchan Aruch and main commentaries in O.C. 299:1; see also Aruch Hashulchan ad loc. 1; that one may drink water before Havdalah on a standard Motza’ei Shabbos, ergo the same should apply here as well), Moadei HaGra”ch (vol. 2:403),and Hanhagos Rabbeinu (pg. 293:65). Although it should be noted that this may not be such a common case, as generally speaking, if one is ill enough to be granted halachic dispensation to drink on Tisha B’Av, he presumably would be allowed to eat as well. The issue of drinking water prior to Havdalah was discussed at length in a previous article titled “Breaking the Yom Kippur Fast Before Havdalah?”.
[31]Although not the normative halachah, there are several contemporary Poskim who maintain that a woman need not make Havdalah to break her fast (or to make it without ‘Sheim U’Malchus’) due to a sfeik sfeika in a makom Derabbanan, based on the fact that several Rishonim (as mentioned previously) maintain that Havdalah is not mandated when it is pushed off due to Tisha B’Av at all; additionally, there are shittos who hold women cannot make Havdalah. Hence, they conclude that she is not obligated in making Havdalah in this instance. See Shu”t Dvar Yehoshua (vol. 2:75, 2; who writes that he never heard of a choleh in Poland making Havdalah before breaking his fast), Shu”t Divrei Yatziv (Likutim V’Hashmatos 50), Shu”t Mishnah Halachos (vol. 7:39; however see vol. 11:455), Shu”t Kinyan Torah B’Halacha (vol. 1:51), Shu”t Shraga HaMeir (vol. 1, 59), Shu”t Rivevos Efraim (ibid; 5, citing the Netei Gavriel), Netei Gavriel on Bein Hametzarim (vol. 2, Teshuva 11), Shu”t Az Nidberu (ibid; who strongly argues, explaining that sevara cannot be docheh the halacha pesuka that Havdalah is required), Shu”t Minchas Yitzchak (vol. 8:51; who asserts a similar sfeik sfeika regarding a woman eating on Motza’ei Tisha B’Av on Sunday night, that she may eat before hearing her husband’s Havdalah), and Minhagei Bein Hametzarim (Ch. 8:19-20).
[32]This shittah, that a healthy person who is still fasting can be Motza’ei Havdalah for another (i.e. Choleh) who is no longer fasting, or vice versa, that a Choleh who is breaking his can be Motza’ei his household with Havdalah, is brought in Shaarei Teshuva (556:1), citing the Chida (Birkei Yosef ad loc. 3), as well as in Kaf Hachaim (ad loc. 9). Many contemporary authorities cite this lemaaseh. See, for example, She’arim Metzuyanim B’Halacha (vol. 3, 125:3), Shu”t Tzitz Eliezer (vol. 14:44), and Shu”t Shevet Halevi (vol. 8:129, 2). As such, in the case of a woman who needs to break her fast, they maintain preference for her husband to make Havdalah for her (and a child, or if need be, she, should drink the Kos), then for her to make Havdalah by herself. If that is not a feasible option, then they hold that she should still make Havdalah herself. See for example, Shemiras Shabbos Kehilchasa (vol. 2, Ch. 62:48) and Piskei baal Minchas Asher (printed in the recent Kinos Otzar HaRishonim, Kitzur Hilchos Tisha B’Av, pg. 26), who maintain this order of preference. Indeed, Rav Yisrael Yaakov Fischer (Halichos Even Yisrael, Moadim vol. 1, pg. 376:12) was known to have made Havdalah for his wife when she was sick and unable to fast on a Sunday Tisha B’Avon black coffee that was cooled off a bit and was Motza’ei his household with Havdalah right there and then. Yet, as noted by the Steipler Gaon in Orchos Rabbeinu (vol. 2, pg. 145; new edition, vol. 2, pg. 179:44), as the Mishnah Berurah does not cite this solution at all, it implies that this sevara is not so pashut. As such, other Poskim, including Rav Yosef Shalom Elyashiv (Kovetz Teshuvos vol. 1:57) and Rav Shlomo Zalman Auerbach (Maadanei Shlomo on Moadim, Bein HaMeitzarim pg. 59 and Halichos Shlomo, Moadim vol. 2, Ch. 16:7), hold that it is preferable that the Choleh/woman make Havdalah for him/herself and not rely on the husband or someone still fasting to do so. Rav Ovadiah Yosef (Shu”t Yechaveh Daas vol. 3:40) and the Shevet Halevi (Shu”t vol. 6:42, 2 and vol. 7:77, 4) seem to imply they prefer this way as well, even though, the Shevet Halevi (Shu”t vol. 8:129, 2) does allows a faster to make Havdalah for a non-faster.
[33]Although the Maharil Diskin (Shu”t, Kuntress Acharon 5:72) is mesupak about this, and the Klausenberg Rebbe (Shu”t Divrei Yatziv O.C. vol. 2:243) holds that a Kattan (but not a Kattanah, leshittaso; as mentioned in a previous footnote, he holds that women do not make Havdalah in this case if and when breaking their fast) needs to make Havdalah prior to breaking his fast, and although the Shevet Halevi (Shu”t vol. 7:77, 6) originally defends the Maharil Diskin’s sevara, he later (Shu”t Shevet Halevi vol. 10:177, 4) writes that he was simply answering a question about the shittah, not paskening lemaaseh. Indeed, the majority of contemporary authorities rule that a Kattan does not make Havdalah before breaking his fast on a Sunday Tisha B’Av. See Orchos Rabbeinu (vol. 2, pg. 145; new edition, vol. 2, pg. 179:44), Shu”t Yeshuas Moshe (vol. 1:40), Shu”t Rivevos Efraim (vol. 3, beg. 271; citing Rav Yosef Shalom Elyashiv; on the other hand in the recent sefer Hanhagos Rabbeinu pg. 292:64, Rav Elyashiv is quoted as maintaining a Kattan should make Havdalah when he breaks his fast – due to chinuch), Shu”t Even Yisrael (vol. 8:25), Shu”t Mishnah Halachos (vol. 7:39, end s.v. v’hinei HaMe’iri), Shu”t Shraga HaMeir (vol. 1:59), Moadim U’Zmanim (vol. 7:255), Shemiras Shabbos Kehilchasa (vol. 2, Ch. 62:45), Halichos Shlomo (Moadim vol. 2, Ch. 16, Dvar Halacha 13), Halichos Even Yisrael (Moadim vol. 1, pg. 376:14-15; he adds that if a Kattan wants to make Havdalah before eating we should not stop him from doing so), Shu”t Nishmas Shabbos (vol. 2:607), Rav Chaim Kanievsky’s sheilah in Kovetz Teshuvos vol. 1:57 (as well as his teshuvah in Kuntress Sukkas Chaim, pg. 64:8; and not as quoted in Moadei HaGra”ch vol. 2, pg. 201–202:415-416; where it cites opposing shemuos in his name), and Rav Srora Debilitzky’s Tisha B’Av Shechal B’Yom Alef (52). On the other hand, Rav Yaakov Kamenetsky (Emes L’Yaakov on Tur and Shulchan Aruch (O.C. 556, footnote 525) holds that a child from the age of nine should make Havdalah when breaking his fast, just as he would on a regular Motza’ei Shabbos before eating.
[34]Mishnah Berurah(554:51).
[35]Rambam(Hilchos Shabbos Ch. 29:11); based on Gemara Brachos (27b). The Maggid Mishneh (ad loc.; citing “daas ketzas min HaGaonim v’chein kasvu min HaAcharonim uk’divrei Rabbeinu, v’chein ikar”) and Rashba (Brachos 27b s.v. ha.) agree with this understanding, that early Havdalah works “miyad” to allow Melacha and eating when Shabbos is over. Thanks are due to Michael Volpo for pointing this fascinating potential solution out.
[36]Tur (O.C. 293:3), Tosafos (Brachos 27b s.v tzali), Rosh (ad loc. 6), Rabbeinu Yonah (ad loc. 18b in the Rif’s pagination s.v. v’Rebbi), Mordechai (ad loc. 90), Ri”tz Giyat (Shaarei Simcha, Hilchos Havdalah 19a). See also Beis Yosef (ad loc. s.v. mi).
[37]Shulchan Aruch(O.C. 293:3), Mishnah Berurah (ad loc. 8).
[38]Aruch Hashulchan(O.C. 293:3).
[39]See Tur (O.C. 556), citing the BeHa”G (Hilchos Kiddusha V’Havdalah pg. 46), as well as Hagahos Maimoniyos (Hanhagas Tisha B’Av; published at the end of the Rambam’s Hilchos Taaniyos), Magen Avraham (beg. 556), Mishnah Berurah (Shaar Hatziyun 299:33), and Aruch Hashulchan (O.C. 556:1).
[40]As discussed in an earlier footnote, there were three potential solutions offered in the works of the Rishonim on how to make Havdalah when Tisha B’Av is Motza’ei Shabbos, and not only was this was not one of them, but rather it seems was rejected out of hand already by the BeHa”G, as well as later authorities.
Disclaimer: This is not a comprehensive guide, rather a brief summary to raise awareness of the issues. In any real case one should ask a competent Halachic authority.
L'iluy Nishmas the Rosh HaYeshiva - Rav Chonoh Menachem Mendel ben R' Yechezkel Shraga, Rav Yaakov Yeshaya ben R' Boruch Yehuda.
