Moadim L’Simcha

As we approach Tisha B’av, many feel a sense of confusion: we know that we are to mourn the destruction of the Bais Hamikdash, as well as the countless calamities that have occurred since then, but at the same time it is difficult for us to do so. Never having witness the glory of Bais Tifartenu, it is hard for us to relate to the sense of loss that we are to feel. Perhaps though, if we examine one of the more interesting aspects of Tish B’av we can come to a better understanding of our mindset going in to this day.

The Psak of the Shulchan Aruch, in Hilchos Tisha B’av, is that Tachanun is not said on Tisha B’av,. This Halacha even extends to Mincha on the day before Tisha B’Av, the same way that we don’t say Tachanun on Mincha the day before any Yom Tov. This Halacha is in a way quite telling: in general, we don’t say Tachanun in times of happiness—either because the day itself is a happy one, like Yom Tov, or because there is an event that causes Simcha, such as a Bris. This Halacha therefore seems to indicate that there is an aspect of happiness or Simcha on Tisha B’av. Obviously, however, this is very difficult to understand—Tisha B’av is the saddest day of the year in every other way, a day on which we keep actual Dinei Avielus in reflection of its serious mien, how then are we to understand the aspect of Simcha that causes the omission of Tachanun? It would therefore seem that unless we fully understand this paradoxical aspect of Tisha Bav, we cannot really appreciate the meaning of the day.

The Shulchan Aruch, based on the words of the Rishonim, does cite a reason for the Halacha: “Meshum D’Ikrei Moed”—that is, we do not say Tachanun on Tisha B’av because it is referred to as a Moed or Yom Tov. Many people assume that this refers to the fact that in the future the day of Tisha B’av will itself be a happy one, as is stated in sources as early as the Yalkut Shimoni. Th promise of the future Moed is learned from a Passuk in Zecharia that promise that each of the day that we now observe as Taanis Tzibbur will eventually be a Moed. That Passuk does refer to the “Tzom Hachamishi”—Tisha B’av, which is in the fifth month—but also the remaining Tzomos of the fourth, seventh and tenth months, Shiva Asur B’Tamuz, Tzom Gedaliah and Asara B’Teves, respectively. If the Moed aspect of Tisha B’av is related to the future Moed promised in the Passuk in Zechariah, then the Halacha should apply to all the other Tzomos mentioned in the Passuk. As we know, however, it does not—Tisha B’Av is the only Tanis Tzibbur on which we do not say Tachanun. It seems then, that the Shulchan Aruch refers to a different Passuk when it says “Meshum D’Ikrei Moed.”

An alternate source for the Moed aspect of Tisha B’av is mentioned in the Chayei Adam and other sources, but only adds to the perplexing nature of this Halacha. Those Achronim point to a Passuk at the beginning of Eicha which speaks about a Moed: “Karah Alai Moed L’Shbor Bachurei”. Here the Passuk is indeed referring to Tisha B’av itself and uses the word Moed, but it seems that the nature of the word in that case is something other than Simcha.

The Gemrah in Taanis, refered to by Rashi here, tells us that when Bnei Yisroel cried at the time of the Chet Hameraglim, Hashem said to them “Atem Bachisem Bechiya Shel Chinam, V’Ani Koveah Lachem Bechiya L’Doros”, because Klal Yisroel cried for no reason, a “Bechiya Shel Chinam”, Hashem established that night, the night of Tisha B’av as a night of tears evermore. The Passuk in Eicha therefore refers to the day of Tisha B’av is a set time “L’Shbor Bachurei”, to crush my chosen. The word Moed, then is not used in the sense of a holiday, a time of happiness, but as a set time for tragedy. Indeed, throughout history we find that the day of Tisha B’Av itself has been one that held ill portent for Klal Yisroel.

If this is the case, however, that the word Moed used in the Passuk in Eicha is the one referred to by the Shulchan Aruch with the words “Meshum D’Ikrei Moed”, the Halacha of Tachanun is itself difficult to understand. Why does the use of the word Moed, which makes reference to the promise of “Bechiya L’Doros”, add an element of happiness to the day, such that we omit Tachanun as on any other Yom Tov? At the same time, it seems that the Shulcah Aruch is telling us that we omit Tachnaun not because of a future Yom Tov, but because the aspect of Moed contained in the day of Tisha B’av even as it exists today. It is therefore clear that if we understand the idea of “Bechiya L’Doros” we can gain a new understanding of Tisha B’av and its reality of “Meshum D’Ikrei Moed”.

Let us first look back at that initial spell of crying, the Bechiya Shel Chinam, to try and understand the response of “Bechiya L’Doros.” The Passuk in Parshas Shelach tells us that when the Meraglim returned from their mission, they delivered their report to Bnei Yisroel, stating that Eretz Yisroel was an “Eretz Ocheles Yoshveha” and that they would never be able to defeat the occupying nations. The Torah then records the response of Klal Yisroel: “VaTisa Kol HaEida VaYitnu Es Kolam, V’Yibchu HaAm Balayla HaHu.”

The Chasam Sofer notes a number of questions on the way the Passuk is written. First, why does the Torah use the term “VaTisa..Es Kolam” and then “VaYibchu”, would not these two phrases seem repetitive? Also, within its repetition, the Passuk switches the term used to refer to Kla Yisroel, speaking first of the “Eidah” and then the “Am”. Lastly Chazal use the words “BaLayala HaHu” to establish the night of Tisha B’Av as the night of “Bichiya L’Doros.” The word “HaHu”, however, is usually exclusive—it would seem to imply that they cried on that night and no others, how do these words then hint at the “Moed L’Shbor Bachurei” as indicated in the Gemrah in Taanis?

Based on these questions, the Chasam Sofer offers a novel explanation of the Passuk. He posits that there were in fact two groups that cried on that night: the Tzaddikim, referred to here as the Eidah, and the Eruv Rav, called the Am. When speaking of the Tzaddikim, the Torah says “VaYitnu Es Kolam”, using the word “VaYiten” which has the implication of a gift that is not one-time but is constantly given. “VaTisa Kol HaEida VaYitnu Es Kolam”, the Tzaddikim cried that night, and would repeat that crying in the future as they mourned the destruction of the Bais Hamikdash on Tisha B’av. The Eruv Rav, however, cried only “Balayla HaHu, as they were not the ones to cry about the Churban.

This explanation of the Passuk certainly helps us understand the Dikduk Halashon, but it may also force us to rethink concept of Bechiya L’Doros. The simple understanding of the Pessukim and the Gemrah is that Klal Yisroel cried because they had a lack of Emunah, and believed the Meraglim, and that was the “Bechiya Shel Chinam” that was punished by establishing a “Bechiya L’Doros”. But if the crying referred to was that of the Tzadikim, the ones who would in the future cry over the Churban, we must understand their Bechiya Shel Chinam and why it was cause for the Bechiya L’Doros.

There is Passuk this week’s Parsha that may in fact allow us some insight into the crying of the Tzaddikim. In repeating the story of the Meraglim at the beginning of Parshas Devarim, Moshe Rabbeinu speaks about the mindset on that fateful night: “B’Sinas Hahsem Osanu Hotzeianu M’Mitzrayim LaSes Osanu B’Yad HaEmori.” Bnei Yisroel, at the time of the Meraglim, thought that Hashem had taken them out of Mitzrayim due to his hatred for them, and would surely give them over to the Emori who inhabited Eretz Yisroel. This Passuk is somewhat cryptic and begs the insight of the Meforshim.

The Sforno explains that Bnei Yisroel was keenly aware of their faults, and the fact that they had served Avodah Zarah while in Mitzrayim. When the Meraglim delivered their report, the thoughts of the people turned to their original inquities, and they thought that they were in fact unworthy of Yishuv HaAretz, and would suffer their deserved fate at the hands of the Emori. The Sforno clearly states that they did not in any way doubt the ability of Hashem to defeat the Yoshvei HaAretz, but their own worthiness of this Nes. Their mistake, then, was not in their Bitachon in Him, but of their Bitachon in themselves.

Perhaps this is the Bechiya Shel Chinam of the Tzadikim of which the Chasam Sofer speaks: they heard the report of the Meraglim and immediately turned inward, trying to understand why they might not be Zoche to the Hashgachas Hashem. Yes, they were mistaken, but their mindset was in a sense righteous: if they were not to enter Eretz Yisreol it would be through their own fault, and their own inequities, and no other reason.

If this is the case, perhaps we can be so bold to say that the Bechiya L’Doros was not a punishment, but in a way a reward. Hashem said: in the future there will be a time when we are in fact not Zoche to the daily open Nissim and Hashgachas Hashem that come with the Bais Hamikdash, and we will find ourselves in Galus. We will however be provided with a day on which to reflect on our loss and consider why we find ourselves in that situation. That day will be set aside to once again consider our own shortcomings in the hopes of discovering the path to redemption. Mistaken though they were at that time, their Bechiya Shel Chinam was rooted in self-examination, and the Bichiya L’Doros would provide an opportunity to do the same in the future.

That is the Moed of Tisha B’Av.

If we think about it, Tisha B’Av is in a sense a gift—if not for this day, and the weeks proceeding it, who among us would give a thought to the Galus and how we can be Zoche to the Geulah. It is only because we have the period of Bein HaMetzarim that we are forced to do so. We alter our daily lives, first in small ways during Tamuz, than in more impactful ways during the Nine Days, and finally in the most obvious ways on Tisha B’Av itself, so that we cannot ignore the moment. On Tisha B’Av there are no distractions, just us and our Kinnos, us and our thoughts. It is the day on which we can seriously consider where we are, how we got here, and how we can get back. Though it is a difficult day, and one that we certianyl do not relish, it is in one sense a gift.

Perhaps this is what the Shulchan Aruch means when it says “Meshum D’Ikrei Moed.” Though it is the saddest day of the year, it is marked with an aspect of Simcha because it is a Moed, a set time. The fact that Hashem gave us a specific day in which we can have the opportunity to reflect and return, is itself a reason not to say Tachanun, for the existence of the day adds an element of Simcha.

As we sit on the floor and carry out the Avodas Hayom, as we listen to Eicha and recite the Kinos, we must remember the Bechiya Shel Chinam that led to the Bechiya L’Doros. We must examine ourselves, on a personal and national level, and try to see what it is that is preventing us from seeing the Hashgchas Hashem. If we do so correctly, perhaps we will indeed find the road back to Yerushalayim Habenuyah, and next observe the Tisha B’av spoken about by Zecharia HaNavi: “L’Sason U’Lisimcha U’Limoadim Tovim.”