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I was discussing the Ashkenazi minhagim and hanhagot of Tish'a beAv with a contact of mine, namely the universal Ashkenazi practice to refrain from tallit and tefillin until after chatzot. He told me that some among the Ba'alei Tosafot had sought to entirely eliminate the wearing of these on 9 Av, due to the magnitude of the mourning associated with the day.

My question is twofold:

  1. What is the source in Ashkenazi Rishonic writing for this opinion ?
  2. What justification could be applied to make this practice not be bittul 'aseh (nullification of a positive commandment) ?
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    "What justification could be applied to make this practice not be bittul 'aseh (nullification of a positive commandment) ?" Seems obvious that it is a bitul ase. Did you mean "What justification exists for this bittul 'aseh (nullification of a positive commandment) ?"? – msh210 Jan 6 at 22:54
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    If you consider the most obvious analogy, think about Birkat Kohanim. It is required every day (almost) in all places and is a m’doraita, positive commandment. And yet, is not done by many. If you investigate this, it seems to be related to an absence of joy. It’s based upon the requirement of serving G-d with joy. (Tehillim 100:2) – Yaacov Deane Jan 6 at 23:37
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    @YaacovDeane what's the "almost"? – Heshy Jan 6 at 23:44
  • It's harder to understand why you would wear tefillin. Tisha Bav is almost entirely like sitting Shiva, when Tefillin are not worn the first day. It's not Bittul Aseh when the obligation doesn't exist. – Double AA Jan 6 at 23:48
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    @Noach you're just stating the conclusion. 9 Av is like the rest of Shiva because we do wear Tefillin. Other opinions would just disagree. – Double AA Jan 7 at 3:21

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