Chapter 2. Conduct on the Night Before the Fast

The Time When the Fast Begins
11. The fast begins at alot ha-shachar and continues until tzeit ha-kochavim. [10]

The Time of Alot Ha-Shachar
12. Regarding the time of alot ha-shachar, there are several opinions, two of which are primary: 1) seventy-two [seasonal] minutes before netz; 2) ninety minutes [one and a half seasonal hours] before netz. In practice, according to halachah, one may eat until the second time of alot ha-shachar.

Eating at Night
13. It will be explained below that eating on the night before the fast is permitted. However, a particularly pious person should stop eating while it is still day, as on the fast of Tishah B’Av. In practice, however, this is not the custom, and even particularly pious people are lenient in this regard. [11]

Sleeping a Regular Sleep
14. Although it has been explained that the fast begins at alot ha-shachar, if one slept a regular sleep, the sleep is considered an acceptance of the fast, and it is forbidden to eat after getting up from sleep, even if one gets up in the middle of the night. However, a temporary nap is not considered an acceptance of the fast, and if one wakes up before alot ha-shachar after a temporary nap, he may eat. [12]

A Condition
15. If, before going to sleep, one stipulated that he would be able to eat after waking up, he may eat until alot ha-shachar. However, according to the Zohar, even on any night, after one wakes up from sleep in the middle of the night [after chatzot], one should not eat. Nevertheless, someone for whom the fast will be difficult if he does not eat, or who will be unable to study properly, may eat according to the basic law until alot ha-shachar. Drinking is permitted even according to the Zohar. [13]

One Whose Practice Is to Get Up and Eat
16. If it is one’s practice to sleep at the beginning of the night and then get up and eat, the sleep is not considered an acceptance of the fast, and he may eat after getting up from sleep. [14]

Falling Asleep in the Middle of a Meal
17. If one dozed off and slept, even a regular sleep, in the middle of his meal, he may continue eating [and one who is stringent with himself in this matter shall be called holy]. [15]

Drinking
18. Regarding drinking after sleep on the night of the fast, it is permitted to drink even if one did not stipulate before going to sleep. Nevertheless, ab initio one should stipulate before going to sleep [and for Sephardim who follow the ruling of the Shulchan Aruch, it is forbidden to drink if one did not stipulate]. [16]

The Time of the Permission When One Stipulated
19. When a person gets up in the middle of the night in a manner in which he is permitted to eat, he may eat and drink without limitation until alot ha-shachar.

Half an Hour Before Alot Ha-Shachar
20. On an ordinary day, the law is that during the half hour before alot ha-shachar it is forbidden to begin eating more than a kebeitzah of bread or mezonot [but eating fruits, vegetables, and various snacks without limitation is permitted], and it is forbidden to begin drinking more than a kebeitzah of an intoxicating beverage [but drinking other beverages is permitted without limitation until alot ha-shachar]. When alot ha-shachar arrives, one must stop. It should be considered whether this law also applies on a fast day — namely, that one may not begin eating more than a kebeitzah of bread or mezonot during the half hour before alot ha-shachar — because there is room to say that only on an ordinary day did the Sages decree out of concern that one might
prolong his meal and thereby neglect the recitation of Shema, whereas on a fast, since he is forbidden to continue eating because of the fast, there is no concern that he will prolong it. Now, the plain meaning of the words of the Gemara, the Tur, and the Shulchan Aruch is that one may eat and drink until amud ha-shachar rises, and no limitations are mentioned by the poskim. This implies that on a fast one may eat and drink until alot ha-shachar without limitation [provided he did not sleep at night; or if he stipulated before sleeping. However, according to what is explained in the Zohar, after sleeping it is forbidden, as explained above].

[10] Shulchan Aruch (siman 562, se’if).
[11] Shulchan Aruch (siman 550, se’if 2) and Mishnah Berurah (se’if katan 6).
[12] Shulchan Aruch (siman 564)
[13] Shulchan Aruch (ibid.) and Mishnah Berurah (siman 89, se’if katan 28).
[14] Sha’ar HaTziyun (siman 564, se’if katan 3).
[15] Mishnah Berurah (siman 564, se’if katan 3).
[16] Shulchan Aruch (siman 564).
[17] As explained in Shulchan Aruch (siman 89, se’if 5) and Mishnah Berurah (ibid., se’if katan 27).
[18] Ta’anit (12a).
[19] Siman 564.