The Month of Av: Unlucky or Misunderstood? (Part 1 of 2)

Click here for a printer-friendly version of this blog post.

Artwork: Drown in Sorrow, by Noah Bradley

The Month of Av: Unlucky or Misunderstood? (Part 1 of 2)

Introduction

There seems to be a fairly prevalent belief that the month of Av is an "unlucky time." People rearrange their plans, pushing off certain "risky" endeavors until after the month of Av (or, at least, until after Tisha b'Av). They avoid things like traveling, surgery, and business ventures because they feel that undertaking these activities during the month of Av is dangerous and ill-fated. I have seen a number of English articles which refer to the month of Av as an "inauspicious" (read: "unlucky") time of the year for Jews. 

The position taken in this article is that the month of Av is not unlucky, but merely misunderstood. Although we will start with the halacha as codified in the Shulchan Aruch, this article is intended to be theoretical - not normative. In other words, always consult your rabbi before making any changes to your halachic practice. 

Why the Misconception is a Misconception

Even before we look at any of the relevant sources, let us first establish why it is halachically inadvisable for the month of Av to be treated as "unlucky." 

One of the 613 mitzvos is a lo taaseh (Biblical prohibition) called "meonein." Since there's no adequate English translation of the term "meonein," we'll stick with the Hebrew. The Sefer Ha'Chinuch (Mitzvah #250) provides the following definition of meonein, based on the words of the Sages: 

The explanation of this subject is as it was given in the Midrash Sifra: [the Hebrew verb, te'oneinu, denotes] the sense of onah, a designated time - i.e. that we should not determine set times, to say that this hour is "good" for doing that activity in it, and whoever does it at that time will succeed, and whoever does it at this other time will not succeed - as the deluding masters of sorcery say. 

The Rambam, in the Mishneh Torah (Laws of Idolatry and the Statutes of the Gentiles 11:9), elaborates on this prohibition of "designating times," and mentions additional examples: one who says that a specific day is a "good" or "bad" day for doing a particular activity, or a particular year, or a particular month. 

In other words, meonein is the prohibition to designate a period of time as "good" or "bad" (i.e. auspicious or inauspicious, lucky or unlucky, blessed or cursed) for certain activities. According to Torah law, a person who does an action in accordance such a designation is liable for the penalty of whiplashes. For example, if a person were to believe that Friday the 13th is unlucky and decided not to take his driver's test on that day, believing that he'd fail, or if a person thought that his birthday was lucky and decided to buy a lottery ticket on that day, believing that he'd win, then he would be in violation of the Torah prohibition of meonein. 

The most well-known form of meonein is astrology. One who consults horoscopes or astrologers and acts on the basis of their counsel transgresses the Torah prohibition of meonein. According to the Sefer Ha’Chinuch’s definition, not only astrology but any designation of a time period as "good" or "bad" for a certain activity for any reason falls within the scope of this prohibition.

Thus, the problem with the popular belief about Av is is clear. If a Jew believes that the month of Av is an “unlucky time,” thinking that this is what the Gemara meant, and avoids certain activities based on this belief, then there are grounds to say that he would be in violation of the Biblical prohibition of meonein according to the Sefer ha'Chinuch and the Rambam.  

Thus, whatever sources we encounter in the course of our investigation, we cannot understand them to be indicating that a certain time period is auspicious or inauspicious. 

The Source of the Misconception

My guess is that the most common source of this widespread misconception is a pair of halachos that are brought down in the Shulchan Aruch: Orach Chayim Siman 551. One of these halachos pertains to the month of Av as a whole, and the other pertains to the period of time known as "the Three Weeks," though the two are often conflated:

551:1 - From the beginning of Av we diminish rejoicing, and a Jew who has a court appointment with a non-Jew should avoid it [during this time], because its mazal is bad.  

551:18 - One must be careful from the 17th of Tammuz until the 9th of Av to not walk alone from four [halachic] hours until nine [halachic] hours - Rema: because Ketev Meriri is prevalent - and they should not strike students during these days. 

It is easy to see how a superficial glance at these halachos might seem to support the popular belief. Why else would we be cautioned to avoid non-Jewish courts during the month of Av if not for the fact that Av is an bad time for the Jews? Even more significant is the explanation "its mazal is bad,” which seems to indicate that the month of Av is "unlucky." The second halacha goes even further, cautioning us to avoid certain dangerous activities during the Three Weeks on account of the Ketev Meriri - which, as we'll see later, is the name of a havoc-wreaking demon.

But as is often the case, things are not so simple when we examine them closely and critically. First of all, "its mazal is bad" cannot mean that the month of Av is unlucky, as we have explained based on the prohibition of meonein. Secondly, these two halachos do not caution us against all hazardous activities. Indeed, there are only three activities mentioned in these halachos, and all of them have specific parameters: (1) all Jews should avoid court appointments with non-Jews during the month of Av, (2) all people should avoid walking alone between the halachic hours of 4 and 9 during the Three Weeks, and (3) teachers should avoid striking their students during the Three Weeks.

In other words, based on the halachos - according to the Shulchan Aruch and the Rema, at least - there is absolutely no basis for avoiding anything during these time periods except for these three specific activities. There are no other activities we are cautioned to avoid for similar reasons as these.

The Original Source of the Misconception About Av

We will begin by looking up the original source of the first halacha cited in the Shulchan Aruch above, leaving aside the second one for later. The mishnah on Taanis 26b states: "at the onset of the month of Av, we diminish our rejoicing." The Gemara (Taanis 29a-b) explains:

At the onset of the month of Av, we diminish our rejoicing: Just as we diminish rejoicing at the onset of the month of Av, so too, at the onset of the month of Adar (Rashi: which were days of miracles for Israel, Purim and Pesach) we increase rejoicing. 

Rav Pappa said: Therefore, a Jew who has a court appointment at a non-Jewish court should try to avoid it during the month of Av because it has a bad mazal, but he should be present in court during the month of Adar because it has a good mazal.

The key term here is: "therefore a Jew who has a court appointment etc." In other words, the Gemara is not saying:"since the month of Av has bad mazal, therefore we diminish rejoicing and avoid court appointments with non-Jews," which is the intuitive way to conceive of this cause-and-effect relationship. Rather, the Gemara is saying: "since we are obligated to diminish rejoicing during the month of Av, therefore we should avoid court appointments with non-Jews during the month of Av, on account of its bad mazal." Stated differently, the month of Av generates a halachic obligation to diminish rejoicing, and it is on account of this obligation that we avoid court appointments with non-Jews.

Questions to Be Answered

There are several basic questions on the Gemara here:

1. What is special about the month of Av, such that we diminish rejoicing? Yes, we know that the first and second Beis ha'Mikdash were destroyed, and a number of other tragedies happened, but is this why we diminish joy? 
2. Why does this requirement to diminish joy express itself in an obligation to avoid court cases with non-Jews? This seems awfully specific, and not directly related to any of the tragedies that happened during the month of Av?
3. What does the Gemara mean when it says that the month of Av has "bad mazal"?
4. How would we answer these same questions with regards to the obligation to increase joy at the onset of the month of Adar? The fact that there isn't a corresponding superstition which regards the month of Adar as "lucky" is telling. Clearly, symmetry of this Av / Adar halacha isn't as intuitive as the Gemara seems to take it. What is the reasoning behind the parallel halacha regarding the onset of the month of Av?

This seems like a good place to end this blog post. Next time we'll attempt to answer these questions, and shed some light on the halacha in the Shulchan Aruch Orach Chayim 551:18 regarding our cautionary conduct during the Three Weeks.

Click here for Part 2: