From historic events to contemporary orchards

After listing and discussing the five events that occurred on Tammuz 17 and Tisha b’Av, the final mishnah of the tractate Taanit (presumably seeking to end on a happier note) jumps forward a few days and states: “There was never a day as festive (yom tov) for the Jewish nation as the fifteenth of the month of Av and Yom Kippur.”

The Mishnah continues that on these two occasions: “The daughters of Jerusalem … dressed in white … would go out and dance in the vineyards.” Why did they do that? The Talmud (Taanit 31a) fills in between the lines: “Whoever lacked a wife would go there to [gaze and] find one.”

In other words, the Fifteenth of Av was a major matchmaking day, and so was, amazingly, Yom Kippur. Now, the vital importance to Jewish continuity of aiding marriages to happen is obvious.  Nevertheless, does that justify claiming that the Fifteenth of Av is a greater holiday than, for example, the three Torah-mandated “pilgrim” festivals, Pesach, Shavuot or Succot, with their immense gatherings at the Batei Mikdash?

The Talmud itself expresses astonishment. “Yom Kippur is clearly [special]…because it is a day of forgiveness and pardon … But what is the significance of the Fifteenth of Av?” (Taanit 30b)

The Talmud goes on to answer its own question. Different sages recall five joyous historical events which occurred on the Fifteenth of Av (in counterpoint to the five calamities that occurred on each of Tammuz 17 and the Ninth (“Tisha”) of Av mentioned earlier in the Mishnah), plus one custom that arose in the years of the Batei Mikdash in Yerushalayim.

The Fifteenth of Av first became a day of celebration in Israel’s 40th year of wandering in the desert. The whole generation of the Exodus had been sentenced to die in the desert (Bamidbar 14), each one on the night of Tisha b’Av after their 60th birthday, because of their mourning about having to go into the land. On the Ninth of Av in the 40th year , no one died. They thought perhaps they had miscalculated the date. Another night went by and then another. It was not until the 15th, when the moon filled a full circle in the sky, that they were able to fully accept that the dying had truly ceased.

The second and third events occurred in the era of the Shoftim (Judges), the fourth in the period of the kings of Israel, and the fifth after the Bar Kochba rebellion.

The initial event, in the time of the reign of the judge Othniel, involved the granting of permission to unmarried daughters who inherited land, to marry outside of the tribe while still keeping their inherited land. The second development was permission to the other 11 tribes to “intermarry” with the men of the tribe of Benyamin some time after they had been placed under ban because of the cruel incident of “the Concubine at Givah” (Shoftim, Book of Judges 19-21). By both events, unity of Am Yisrael had been reestablished. 

Unity took a further step forward in later centuries with the dismantling of the blockade in northern Israel that prevented residents from the annual pilgrimages to the Beit Hamikdash once after the death of Solomon the kingdom was divided. A further event associated with this date occurred in 3908 (148 CE), the release for burial of the dead of Beitar, 15 years after their massacre that ended the Bar Kochba rebellion.

Finally these specific events aside, during the existence of the two Batei Mikdash, the Fifteenth of Av was also celebrated as “Yom tavar hamagal – The day of the breaking of the axe.” The annual cutting of firewood for the altar was concluded on the 15th of Av as it was feared that with midsummer past, any wood now cut might not be the driest, most suitable for burning. The event was celebrated with feasting and rejoicing and included a ceremonial breaking of axes.

There is however another completely different matter related to Chamisha Asar b’Av that is halachically relevant today.

Visitors to Israel will notice that although we in the Diaspora do not seek a hechsher on fruit and vegetables, in Israel shops and stalls in the shuk selling such produce will often display a hechsher certificate. (If they don’t many people will avoid purchasing from them). The reason is that there are many Torah laws relating to produce grown in Israel, most of which do not apply to produce grown outside our land. (They do however apply to Israeli produce exported worldwide – so when we purchase such produce in the Diaspora seeking to support the Israeli economy we need to ensure that it is compliant with halachah and verified accordingly.)

There are however two exceptions which are particularly relevant to private gardens even in Diaspora communities. For a series of reasons which I cannot detail here we do not search out the situation regarding commercially grown and sold Diaspora produce where most farmers are gentiles and where exact origins and date of planting are not known. However, if one plants fruit trees on one’s property the law of orlah applies and requires care. (Also relevant is the prohibition of certain types of grafting – but this is less likely to affect the average home gardener.) 

What is the law of orlah? The fruit that grows in the first three years of the life of a tree which is the property of a Jew is prohibited (Vayikra 16:1). How do we define the three years? It is not from the date of planting or sprouting. The key dates are Tu b’Shevat, the new year for trees, and Tu b’Av – exactly six months previously and 45 days prior to Rosh Hashanah. For details as to the purpose of the 45 days one needs to refer to relevant sources. However the practical mode is that as long as planting takes place not later than Av 15, the six months to the next Tu b’Shevat counts as year one and then after a further two years (i.e. Tu b’Shevat of year three) fruit that the begins to grow is immediately permitted – the two and half years is sufficient for the three-year rule. 

This is of course clear cut in the northern hemisphere including Israel where Tu b’Shevat falls in winter before the new season’s crop sprouts. (In Australia where the summer fruits crop would already be on the tree long before Tu b’Shevat the practical halachah requires waiting for the next crop before using produce.) Nevertheless Av 15 clearly has halachic relevance even beyond the historical reasons listed in the Talmud.

I conclude on a different note relating Chamisha Asar b’Av to the High Holy Days that follow. The gematriah of Chamisha Asar b’Av (the number value of its Hebrew letters) is equivalent to that of the traditional High Holy Day wish – “Ketiva vachatimah tovah – may you be inscribed (in the book of life) and sealed for good”. While the Shulchan Aruch prescribes that when writing a letter (remember those days) during Elul one should append that blessing, there are grounds to do so already from Av 15.

May all of us be inscribed for good in the coming year!

Shabbat shalom, 

Yossi

Yossi Aron OAM is the AJN’s religious affairs editor.