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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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  1. The Shulchan Aruk says 555:1 - We are accustomed to not wear tephilin nor talit on the morning of 9 Av. Source being the Tur. The Tur brings Maharam that it is forbidden to wear Tefillin on 9 av as the mourning for temple is greater mourning than 1st day of a deceased relative where it is also forbidden to wear tefilin. The Tur holds a relative is more stringent than the temple. According to Shulchan Aruk & Tur et al they are worn during mincha. The Mishna Berura 555:3 gives reasons - when the fire burned in the temple it was clear that the punishment would be on bricks and not people. And also to show that we have some comfort from out mourning on that very day.
  2. It is not cancelling a commandment since we do the mitzva during mincha. And according to Maharam the laws of morning make it that there is no mitzva to put on tefilin.
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  • "It is not cancelling a commandment since we do the mitzva during mincha." Correct, however some of the tosafists held that one should not put on tefillin by minchah either and the question about bittul 'aseh deals with that, rather than our practice of delaying until after chatzot – Noach MiFrankfurt Aug 3 at 16:13
  • As explained according to that shita there is no mitzva to mevatel. the laws of avelut mean it is ossur to put on tefillin, and there is no mitzva to put on tefilin, so there is no bittul asseh. Im not sure exactly what is not clear - And according to Maharam the laws of morning make it that there is no mitzva to put on tefilin. Your original question is not clear as you bring 2 opinions and ask 2 questions. is your Q acc to 1st 2nd or both? – Jon Aug 15 at 19:07

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