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Leather shoes on Tisha B’Av

שו”תCategory: Meta HalachaLeather shoes on Tisha B’Av
asked 4 years ago

Hello Rabbi,
Let me start with a short and funny story – during my military service I was an armored fighter in a Beinish company. We were in a training exercise in the Valley in the sweltering heat of August. Tisha B’Av arrived and we, the Beinish, were given permission not to wear military boots but sandals. And so it turned out that throughout the fast we walked around happily in sandals, smiling everywhere. And then, a few minutes later, when a secular soldier came across us and asked how we were walking around like this without military boots, we would put on a serious face and answer that it was Tisha B’Av today and we had to torture ourselves.
My question is – I heard the Rabbi in his lessons bring up the “dogma of the swimsuit” – that the Sages did not say to wear a swimsuit, but to adapt the swimsuit to the weather, and therefore a change is considered to be wearing a swimsuit in the cold. Why can’t we say here that the Sages wanted us to torture ourselves, and for them it was torture to walk without leather shoes, and if so, today it would be torture to walk with army boots, and sandals, and Crocs (which are really ugly sandals whose only justification is their comfort!) would be forbidden on Tisha B’Av?
And similarly, the prohibition of eating meat during the nine days – if one eats “non-festive” meat (grilled, etc.) but simply a quarter of a chicken that is considered a healthy and nutritious dish and not necessarily joyful, why not allow that and prohibit ice cream and other desserts?


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0 Answers
מיכי Staff answered 4 years ago
You are right in principle, but there is a rule in halacha that follows the body of the regulation and does not require its reason, just as in the Torah they do not require the reason for a recitation. There are poskim who argue for the strict adaptation of the fasting laws to our day (for example, not to wear sandals made of leather) but not to the letter (yes, to wear leather).

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אבישי replied 4 years ago

So how is this different from the swimsuit example in which the rabbi claims that one is following the poet's intention?

מיכי Staff replied 4 years ago

It's not different, but the swimsuit example was brought up to describe one aspect of the issue of change in halakhic law. The conceptual aspect (what is change). Beyond that, there is also another aspect, which is the question of authority and the question of following other motives. Everything is explained in the third book of the trilogy, where there is an entire section on the halakhic doctrine of change.

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