Chapter 1. Those Obligated to Fast | Sheilot

Chapter 1. Those Obligated to Fast

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Those obligated

alef Everyone is obligated in the fast, and it is forbidden to breach the established boundary. 

Minors

bet Children until the age of bar mitzvah and bat mitzvah are exempt from fasting and are not obligated even in fasting for part of the day. 

A sick person

gimel A sick person, even one whose condition is not dangerous, is exempt from the fast, and eats and drinks normally without shiurim, for in a situation of illness the Sages did not decree, and he is forbidden to be stringent upon himself. 

Who is considered sick

dalet The definition of a sick person is like one who is permitted to take medicines on Shabbat: either he has taken to bed, or his whole body is ill, meaning that he is in a state in which he cannot function. 

On a deferred fast

he In a year when the fast is deferred, even one who merely has aches or discomfort is not obligated to fast, although he can function normally. 

Pregnant and nursing women

vav Pregnant and nursing women do not fast. A pregnant woman is defined as such from the moment she knows she is pregnant [by a pregnancy test and the like], even within the first forty days of the formation of the fetus. A nursing woman is defined as one who is actually nursing, even partially; but if she is not actually nursing at all, even if she is within twenty-four months of giving birth, she must fast. 

A woman after childbirth

zayin A woman within thirty days of giving birth does not fast, and regarding these thirty days we are lenient to count them from moment to moment. 

A woman after miscarriage

chet A woman who miscarried: if she miscarried after forty days from the beginning of her pregnancy, her law is like that of a woman after childbirth, who does not fast within thirty days of childbirth or miscarriage. 

Ensuring that one can fast

tet  One must take care to make it possible to fast; therefore, one who knows that if he does not exert himself during the fast he will not enter the category of a sick person must do so [-rest] in order to be able to fast.

Eating meat, wine, and delicacies

yod Even those who are permitted to eat should not eat meat, wine, or kinds of delicacies, except for minors who do not know how to mourn, for whom it is permitted. 

Conduct on the night before the fast

The time when the fast begins

yod-alef The fast begins at dawn and lasts until nightfall. 

The time of dawn

yod-bet Regarding the time of dawn there are several opinions, and two of them are primary: a. seventy-two [seasonal] minutes before sunrise; b. ninety minutes [one and a half seasonal hours] before sunrise. In practice, one may eat until the second time of dawn.

Eating at night

yod-gimel It will be explained below that eating on the night before the fast is permitted; however, a spiritually conscientious person should stop eating while it is still day, as on the fast of Tisha B’Av. In practice, however, this is not the custom, and even spiritually conscientious people are lenient in this matter. 

One who slept a regular sleep

yod-dalet Although it was explained that the fast begins at dawn, if one slept a regular sleep, the sleep is considered acceptance of the fast, and it is forbidden to eat after rising from sleep even if he rises in the middle of the night. But a temporary nap is not considered acceptance of the fast, and if he woke before dawn after a temporary nap, he may eat. 

A condition

yod-he If he stipulated before sleeping that he would be able to eat after waking, he may eat until dawn. However, according to the Zohar, on any night after waking in the middle of the night [after midnight] one should not eat; but one for whom the fast will be difficult if he does not eat, or who will not be able to learn well, may eat according to the basic law until dawn, and drinking is permitted even according to the Zohar. 

One whose practice is to get up and eat

yod-vav If his practice is to sleep at the beginning of the night and afterward to get up and eat, the sleep is not considered acceptance of the fast, and he may eat after rising from his sleep. 

Fell asleep in the middle of a meal

yod-zayin If he dozed off and slept, even if he slept a regular sleep in the middle of his meal, he may continue eating [and one who is stringent upon himself in this matter shall be called holy]. 

Drinking

yod-chet Regarding drinking after sleep on the night of the fast, it is permitted to drink even if he did not stipulate before sleeping; but ideally one should stipulate before sleeping [and for Sephardim who follow the view of the Shulchan Aruch, it is forbidden to drink if he did not stipulate]. 

The permitted time when one stipulated

yod-tet When a person rises in the middle of the night in a manner in which he is permitted to eat, he may eat and drink without limitation until dawn.

Half an hour before dawn

kaf On an ordinary day, the law is that during the half hour before dawn it is forbidden to begin eating more than a kebeitza of bread or mezonot [but fruits, vegetables, and various snacks may be eaten without limitation], and it is forbidden to begin drinking more than a kebeitza of an intoxicating beverage [but other beverages may be drunk without limitation until dawn]; when dawn arrives, one must stop. It should be considered whether this law also applies on a fast day, that one may not begin eating more than a kebeitza of bread or mezonot during the half hour before dawn, because there is room to say that only on an ordinary day did they decree out of concern that one might be drawn after his meal and neglect the recitation of Shema; but on a fast, when he is forbidden to continue eating because of the fast, there is no concern that he will be drawn on. Now, the straightforward implication of the words of the Gemara, and of the Tur and Shulchan Aruch, is that one may eat and drink until the morning column rises, and no limitations are mentioned in the poskim; this implies that on a fast one may eat and drink until dawn without limitation [when he did not sleep at night, or when he stipulated before sleeping—although according to what is explained in the Zohar, after sleeping it is forbidden, as explained above].

The prohibition of eating on the fast

Tasting

kaf-alef Even tasting is forbidden, even if he will spit it out afterward.  For Sephardim who follow the view of the Shulchan Aruch, tasting is permitted on condition that he spits it out. The Shulchan Aruch brings  two opinions as to whether the permitted tasting is only a small amount, up to reaching the measure of a revi’it over the course of the entire day, or whether even tasting a revi’it is permitted [even several times during the day, each tasting being a revi’it]; but tasting more than a revi’it is forbidden, and the halacha follows this opinion. 

Rinsing the mouth

kaf-bet Rinsing the mouth is permitted only if there is distress if he does not rinse it; then he must bend his head and mouth so that he will not swallow. 

Brushing teeth

kaf-gimel Since after brushing one rinses the mouth, and rinsing the mouth is permitted only in a situation of distress, one should not brush teeth on the fast except in a situation of distress  [or for human dignity]. Swallowing saliva is permitted. 

Medicines

kaf-dalet A healthy person, or one who has aches and takes medicines: if they have no taste, he may take them without water. If he cannot swallow them without water, or if the medicine is sweetened, he should make them bitter with salt or several tea bags [chamomile] without sugar [and a sick person, even one whose condition is not dangerous and who is exempt from the fast, takes them as usual]. 

Forgot and ate

kaf-he If one forgot and ate, even if he ate a kezayit or drank liquids the volume of melo lugmav, he is obligated to continue fasting and does not need to fast on another day; however, he should study the laws of fasting as atonement for his sin. 

Saying Aneinu for one who forgot and ate

kaf-vav If one forgot and ate: if he ate less than a kezayit, or drank less than melo lugmav, he says Aneinu as usual. But if he ate more than a kezayit [and some say: more than the measure of a kotevet] or drank more than melo lugmav, since his law is that he must continue fasting, he says Aneinu, but should say "ביום צום התענית הזה" (on this fast day) instead of "יום צום תעניתנו" (the day of our fast). 

In the case of a sick person

kaf-zayin A sick person who is permitted to eat does not say Aneinu; likewise, a minor who is not fasting does not say Aneinu. 

Smoking cigarettes

kaf-chet Smoking an electronic cigarette is forbidden. Smoking regular cigarettes was permitted discreetly for one for whom this is extremely difficult (however, one must be careful regarding cigarettes throughout the entire year as well). 

Washing and anointing

kaf-tet Washing and anointing are permitted on a fast. 

Washing one’s entire body

lamed  The washing that we said is permitted is either one’s face, hands, and feet with hot water, or one’s whole body with cold water; but regarding washing one’s whole body with hot water, the custom is to be stringent. 

A spiritually conscientious person regarding washing and anointing

lamed-alef  A spiritually conscientious person should be stringent regarding washing, not to wash at all on the fast, not even with cold water, and should likewise be stringent regarding anointing. 

Wearing shoes

lamed-bet Regarding wearing shoes: when walking in the street, even a spiritually conscientious person should not be stringent in this, because it is a public matter and constitutes arrogance and will appear like mockery and absurdity. But at home, a spiritually conscientious person should be stringent not to walk in leather shoes, as on Tisha B’Av. 

Marital relations

lamed-gimel It is proper for a spiritually conscientious person to be stringent regarding marital relations also on the night before the fast, unless it is the night of immersion. 

Sources and citations

31
  1. 1 שולחן ערוך (סימן תקנ סעיף א).
  2. 2 שולחן ערוך (שם, משנה ברורה ס"ק ה).
  3. 3 שולחן ערוך (שם, משנה ברורה ס"ק ד).
  4. 4 שולחן ערוך (סימן שכח).
  5. 5 ביאור הלכה (סימן תקנט סעיף ט).
  6. 6 שולחן ערוך (סימן תקנ סעיף א).
  7. 7 שולחן ערוך (שם וסימן תריז סעיף ד וסימן של סעיף ד).
  8. 8 ביאור הלכה (סימן תריז סעיף ד).
  9. 9 שולחן ערוך (סימן תקסב סעיף).
  10. 10 שולחן ערוך (סימן תקנ סעיף ב) ומשנה ברורה (ס"ק ו).
  11. 11 שולחן ערוך (סימן תקסד)
  12. 12 שולחן ערוך (שם) ומשנה ברורה (סימן פט ס"ק כח).
  13. 13 שער הציון (סימן תקסד ס"ק ג).
  14. 14 משנה ברורה (סימן תקסד ס"ק ג).
  15. 15 שולחן ערוך (סימן תקסד).
  16. 16 שולחן ערוך (סימן תקסז סעיף א).
  17. 17 שם (סעיף ב).
  18. 18 משנה ברורה (שם ס"ק ח) ושער הציון (ס"ק ו).
  19. 19 שולחן ערוך (סימן תקסז סעיף ג) משנה ברורה (ס"ק יא).
  20. 20 משנה ברורה (סימן תקסז ס"ק יא(.
  21. 21 משנה ברורה (סימן תקסז ס"ק יג).
  22. 22 שולחן ערוך (סימן תריב סעיף ו).
  23. 23 שולחן ערוך (סימן תקסח סעיף א).
  24. 24 שולחן ערוך (סימן תקסח סעיף א) משנה ברורה (ס"ק ג) ושולחן ערוך (סימן תקסה סעיף א).
  25. 25 שולחן ערוך (סימן תקסה סעיף א) וביאור הלכה (שם).
  26. 26 משנה ברורה (סימן תקנה ס"ק ח).
  27. 27 שולחן ערוך (סימן תקנ סעיף ב).
  28. 28 שער הציון (סימן תקנ ס"ק ח).
  29. 29 משנה ברורה (סימן תקנ ס"ק ו).
  30. 30 שם.
  31. 31 משנה ברורה (סימן תקנ ס"ק ו).