[Avodah] tisha baav as a moed

[kennethgmiller at juno.com]

R' Micha Berger asked:
> Once it becomes a holiday, will we put on tefillin at all?
> Or is the gemara implying there would be an issur melakhah?

If an issur melacha on Tisha B'Av does arise, I see two forms it might take: D'Oraisa or D'Rabanan.

If it is of a D'Oraisa sort, well, do we have a d'Oraisa-level source for it? "Kara alai moed" is in Kesuvim. Contrast this to pork becoming mutar, which I understand to have a d'Oraisa source, namely the word "chazir" itself, alluding to a future turnaround to permissibility. Without something similar, I suppose it is possible that Yirmiyah HaNavi used the word "moed" to testify to a mesorah he had about Tisha B'Av becoming a d'Oraisa-level holiday in the future. After all, if I'm not mistaken, only the Regalim are called "Moed" - not even RH or YK.

But if the issur melacha is of a d'Rabanan sort, I don't see it being strong enough to uproot Tefilin. Chazal did it for Yom Tov Sheni, but that was a gezera to protect Yom Tov Rishon.

After writing all the above, I checked the source for what I wrote about chazir, which was from page 96 of "when Moshiach Comes", by Rabbi Yehudah Chayoun, published by Feldheim, citing "See Ritva on Kiddushin 49b; Rabenu Bechaya, Toras Moshe (the Chasam Sofer) and Avraham Anochi (Gra Pilagi) on "Shmini"; and Radvaz vol 2 ch. 828."

But I was really blown away by that sefer's citation (p 97) that "Fast days: Rambam writes that all fast days will become festivals." (citation is the very last halacha in Hilchos Taanis)

Because of Rambam's powerful words, and because it goes to the heart of R' Micha's question, I will now quote that Rambam in both Lashon Hakodesh and English:

Kol hatzomos ha'elu asidim liyvatel liymos hamoshiach. V'lo od, ela she-hem asidim lihyos yom tov viymei sason v'simchah, sheneemar, "Koh amar HaShem Tzevakos: Tzom harevii v'tzom hachamishi v'tzom hashvii v'tzom ha'asiri yihyeh l'vais Yehuda l'sason ul'simcha, ulmoadim tovim, v'haemes v'hashalom ehavu."

All these fasts are destined to be cancelled in the days of the Moshiach. Not only that, but they are destined to become days of sason and simchah, as it is said, "So says HaShem Tzevakos: Shiva Asar B'Tamuz, and Tisha B'Av, and Tzom Gedalya, and Asara B'teves will be for the house of Yehuda for sasson and for simcha and for Good Moadim; And love truth and harmony!"

Tze u'lmad!

Akiva Miller

____________________________________________________________
Need name badges? Click here to find great name badge solutions!
http://thirdpartyoffers.juno.com/TGL2131/fc/BLSrjnsMp98pWOyuau2TXMN4FvVmpvavSfryl7WFJtle7e1bPPdqolf5ico/