Reflecting on When the Arukh haShulhan on Orach Chaim was Actually Written: Citations of the Mishnah Berurah in the Arukh haShulhan

Michael J. Broyde & Shlomo C. Pill

Rabbi Michael Broyde is a Professor of Law at Emory University School of Law and the Projects Director at the Emory University Center for the Study of Law and Religion.  Rabbi Dr. Shlomo Pill is a Visiting Assistant Professor of Jewish, Islamic, and American Law and Religion at Emory University’s Candler School of Theology and a Senior Fellow at the Emory University Center for the Study of Law and Religion.  They are writing a work titled “Setting the Table: An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein’s Arukh Hashulchan” (Academic Studies Press, forthcoming 2020).

We post this now to note our celebration of the publication of תערוך לפני שלחן: חייו, זמנו ומפעלו של הרי”מ עפשטיין בעל ערוך השלחן (“Set a Table Before Me: The Life, Time, and Work of Rabbi Yehiel Mikhel Epstein, Author of the Arukh HaShulchan” (see here) (Maggid Press, 2019), by Rabbi Eitam Henkin, הי”ד.  Like many others, we were deeply saddened by his and his wife Naamah’s murder on October 1, 2015.  We draw some small comfort in seeing that the fruits of his labors still are appearing.

According to Rabbi Eitam Henkin הי”ד in his recently published book on the life and works of Rabbi Yechiel Mikhel Epstein, the first volume of the Arukh Hashulchan on Orach Chaim covering chapters 1-241 was published in 1903; the second volume addressing chapters 242-428 was published in 1907; and the third volume covering chapters 429-697 was published right after Rabbi Epstein’s death in 1909.[1] Others confirm these publication dates.[2]

The Mishnah Berurah, Rabbi Yisrael Meir Kagan’s commentary on the Orach Chaim section of the Shulchan Arukh was published in six parts, with each appearing at different times over twenty-three-year period.  Volume one was published in 1884, volume three in 1891, volume two appeared in 1895, volume four in 1898, volume five was published in 1902, and volume six in 1907.

We suspect that while the first volume of the Arukh Hashulchan on Orach Chaim did not appear until 1903, Rabbi Epstein wrote this work some time before this, and its publication and was delayed for economic and government censorship reasons. Rabbi Eitam Henkin notes (in the above biography) that Rabbi Epstein made mention of the very difficult time he had finding the funds to publish his work. Rabbi Epstein himself wrote in an 1886 letter, “to my great distress, I am unable to publish [the next installment of the Arukh Hashulchan] due to the lack of funding . . . publishing is exceedingly expensive.”[3] The high cost of publishing and limited funding actually led to Rabbi Epstein’s initially publishing the Arukh Hashulchan in numerous short pamphlets, each covering just a few of the Shulchan Arukh’s topic headings, rather than in larger volumes.  Eventually, as funds became available, these pamphlets were combined into larger volumes, organized around the “four-pillars” framework of halakhah used by other rabbinic jurists since Rabbi Karo.[4] Likewise, Rabbi Henkin uncovered correspondence in which Rabbi Epstein bemoaned that long-before completed manuscripts of the Arukh Hashulchan were languishing in St. Petersburg awaiting review and approval by Russian government censors.[5]

Appreciating the realities of the funding- and censorship-related delays with which Rabbi Epstein had to contend helps rectify what Rabbi Meir Bar-Ilan described as Rabbi Epstein’s furiously productive writing schedule with the nearly four decade span between when he began writing the Arukh Hashulchan in 1870 and the publication of the final volume of Arukh Hashulchan: Orach Chaim in 1909 (and other volumes considerably after his death by his daughter[6]). Rabbi Meir Bar Ilan described his grandfather’s process as follows:

My grandfather sat each day in the room designated as the local rabbinic courtroom together with his two rabbinic judge colleagues from morning until night, save for two hours in the afternoons . . . He sat at his table with a chair next to him upon which he kept four books related to the topic he was currently dealing with: a volume of Maimonides’ Mishnah Torah, a volume of the Arbah Turim, the Shulchan Arukh, and a small edition of the Talmud.  And thus, looking here and there, he wrote his book, Arukh Hashulchan, page after page.  Occasionally, he would get up and take out another book to look at . . . This book, the Arukh Hashulchan, which is foremost in its genre, was printed directly from the first draft manuscripts, exactly as they were initially produced by the author . . . without edits, erasures, or rewrites.[7]

Even if somewhat hyperbolic in its recollection, the pace of work described by Rabbi Meir Bar-Ilan certainly does not suggest that the writing of the Arukh Hashulchan would have taken more than thirty years. It is likely that the text of Rabbi Epstein’s monumental restatement of halakhah was written and prepared long before it finally appeared in print.[8]

So, when was the Arukh Hashulchan on Orach Chaim actually written? We suspect it was written after 1891 and before 1895.

As noted, the first volume of the Mishnah Berurah was published in 1884, and the Arukh Hashulchan cites it thirteen times.  Mishnah Berurah volume three was published seven years’ later in 1891 and is also cited by the Arukh Hashulchan—in this case, twelve times.  The Arukh Hashulchan cites none of the other four volumes of the Mishnah Berurah, however, which indicates that Rabbi Epstein did not have them.  That would indicate that Rabbi Epstein had completed his manuscript of Arukh Hashulchan on Orach Chaim before the 1895 when the next installment of the Mishnah Berurah appeared. We see in Rabbi Eitam Henkin’s work (p. 312) that he proposes a similar observation, and we are gratified that he shares this inference. While over a decade would pass before the Arukh Hashulchan on Orach Chaim was fully published, and while by this time the Mishnah Berurah, too, was in print in its entirety, Rabbi Meir Bar-Ilan’s account of Rabbi Epstein’s writing process suggests that once written, the Arukh Hashulchan manuscripts were not significantly revisited or edited by Rabbi Epstein. It is not surprising, then, that the Arukh Hashulchan on Orach Chaim does not include references to sections of the Mishnah Berurah that appeared only after 1895.

We are aware of 36 (or 37, if one counts the double reference in number 5, below) references to the Mishnah Berurah in the Arukh Hashulchan[9] none of which are particularly important to the work, and only in one of them (319:22) does the Arukh Hashulchan seem to be actually reacting to something that the Mishnah Berurah directly cited in his own name.  The citations to the Mishnah Berurah in the Arukh Hashulchan themselves generally look like (to quote Rabbi Bar-Ilan) “another book to look at.”  Furthermore, it only looks like he did so in certain areas deeply and other areas much less.  There are six quoted in hilkhot tzitizit, one in hilkhot tefillin, two in hilkhot shema, four citations over three simanim in hilkhot tefilla, and then occasional references scattered throughout hilkhot Shabbat.  This sparse citing suggests that the Arukh Hashulchan neither studied the Mishnah Berurah, nor is responding to it systemically.  So to, the only explanation for the lack of citation to volumes two, four, five and six is that Rabbi Epstein did not have them at the time he was producing his manuscript of the Arukh Hashulchan on Orach Chaim. (We see that Rabbi Eitam Henkin, in his work makes a similar observation on pages 311-313.)

Below is a list of all the cases we are aware of in which the Arukh Hashulchan actually has and cites and quotes this Mishnah Berurah.

1. Arukh HaShulchan 10:4 contains a reference to Biur Halakhah 10 s.v. veyesh lah.
2. Arukh HaShulchan 10:7 contains a reference to Biur Halakhah 10 s.v. ela im ken.
3. Arukh HaShulchan 10:8 contains a reference to Biur Halakhah 10 s.v. veain lah kenafot.
4. Arukh HaShulchan 11:8 contains a reference to Biur Halakhah 11 s.v. vehu.
5. Arukh HaShulchan 11:22 contains a reference to both Mishnah Berurah 11:27 and 11:29 and the Biur Halakhah, which explains this.
6. Arukh HaShulchan 12:4 contains a reference to Biur Halakhah 12 s.v. im nepseku.
7. Arukh HaShulchan 14:5 contains two references to Biur Halakhah 14 s.v. hetil yisrael.
8. Arukh HaShulchan 25:23 contains a reference to Biur Halakhah 25 s.v. vehakhi nohug.
9. Arukh HaShulchan 25:26 contains a reference to Mishnah Berurah 44.
10. Arukh HaShulchan 62:3 contains a reference to Biur Halakhah 62 s.v. yachol lekrotah bekhol lashon.
11. Arukh HaShulchan 76:21 contains a reference to Biur Halakhah s.v. kara bemakom.
12. Arukh HaShulchan 76:4 contains a reference to Mishnah Berurah 77:8.
13. Arukh HaShulchan 79:11 contains a reference to Mishnah Berurah 5.
14. Arukh HaShulchan 79:17 contains a reference to Mishnah Berurah 79:29 or Biur Halakhah s.v. aval chalul.
15. Arukh HaShulchan 87:7 contains a reference to Mishnah Berurah 9.
16. Arukh HaShulchan 89:23 contains a reference to Mishnah Berurah 89:22.
17. Arukh HaShulchan 89:24 contains a reference to Mishnah Berurah 89:24 and Biur Halakhah s.v. vekhen okhlin umashkin.
18. Arukh HaShulchan 91:3 contains a reference to Biur Halakhah 91 s.v. hoyil vekhisah.
19. Arukh HaShulchan 91:4 contains a reference to Biur Halakhah 91 s.v. yatza.
20. Arukh HaShulchan 245:8 contains a reference to Mishnah Berurah 245:23.
21. Arukh HaShulchan 247:13 contains a reference to Mishnah Berurah 247:18.
22. Arukh HaShulchan 262:4 contains a reference to Mishnah Berurah 262:12.
23. Arukh HaShulchan 263:19 contains a reference to Mishnah Berurah 263:49.
24. Arukh HaShulchan 268:6 contains a reference to Biur Halakhah 268 s.v. veshelo bekavanah.
25. Arukh HaShulchan 271:30 contains a reference to Biur Halakhah s.v. vehu rubo.
26. Arukh HaShulchan 275:2 contains a reference to Biur Halakhah 275 s.v. leor haner.
27. Arukh HaShulchan 301:122 contains a reference to Mishnah Berurah 301:176–177.
28. Arukh HaShulchan 302:32 contains a reference to Mishnah Berurah 303:87-88.
29. Arukh HaShulchan 302:9 contains a reference to Mishnah Berurah 301:2, 10, 11 and Biur Halakhah s.v. shaveh aleha.
30. Arukh HaShulchan 306:22 contains a reference to Mishnah Berurah 306:16 and Biur Halakhah s.v. beketav shelahem.
31. Arukh HaShulchan 319:19 contains a reference to Biur Halakhah 319 s.v. le’ekhol meyad.
32. Arukh HaShulchan 319:22 contains a reference to Mishnah Berurah 319:21 and Biur Halakhah s.v. beshinui.
33. Arukh HaShulchan 321:10 contains a reference to Mishnah Berurah 321:37–38.
34. Arukh HaShulchan 328:39 contains a reference to Mishnah Berurah 328:145.
35. Arukh HaShulchan 330:7 contains a reference to Biur Halakhah s.v. kol sheloshah yamim.
36. Arukh HaShulchan 336:21 contains a reference to Biur Halakhah 336 s.v. mutar lelakh.

A question that can only be speculated about is whether the Arukh HaShulchan is ever responding without citation to the Mishnah Berurah (for example, in the case of married women and hair covering in the synagogue in Orach Chayim 75).  Rabbi Eitam Henkin (p. 314) quotes the famous observation of this father, Rabbi Yehuda Herzl Henkin in Shut Benai Banim 2:18 that there are countless times where the Aruch HaShulchan is responding, without citing, the Mishnah Berurah.  Rabbi Eitam Henkin then provides a list of such possible cases.

[1] See Rabbi Eitam Henkin, Ta’arokh Lifanai Shulchan: Chayo Zemano U’mepa’alo Shel Harav Yechiel Mikhel Epstein Baal Arukh Hashulchan, pp. 245-246.

[2] See as well the following article by Rabbi Eitam Henkin where he makes this claim as well:

 ‘ספרי ערוך השלחן – סדר כתיבתם והדפסתם’, חצי גבורים – פליטת סופרים, ז (תשע”ד), עמ’ תקטו-תקלו

Copies of the first editions can be found in the Hebrew University Library.

[3] Kitvei Ha-Arukh Hashulchan, no. 104.

[4] See Rabbi Eitam Henkin’s book at pages 234–235.

[5] See Kitvei Ha-Arukh Hashulchan, no. 56.

[6] See Printing of the Arukh HaShulhan: The Missing Line About Rabbi Epstein’s Daughter for more on the posthumous publication of volumes.

[7] Rabbi Meir Bar-Ilan, From Volozhin to Jerusalem 269-271 (1939-1940) [Hebrew].

[8] See Rabbi Eitam Henkin’s work תערוך לפני שלחן at pages 229–257 for a detailed discussion of the publication difficulties and schedule of the Arukh HaShulchan.

[9] Twice Arukh Hashulchan refers to the work by its formal name, Mishnah Berurah, and all the remaining times by an acronym מ”ב or המ”ב.

Translating the Aruch HaShulchan with AI: Method and Lessons^[1]

Joshua Broyde (PhD)

Joshua Broyde is an AI/ML Healthcare & Life Sciences specialist at Google Cloud, where he works from strategy to implementation with enterprise medtech, healthcare, and biopharma companies to design, build, and deploy secure, production-grade AI and Generative AI systems. He has a PhD in the field of Computational Biology.

Abstract

I present a complete AI-written English translation of the Aruch HaShulchan — Rabbi Yechiel Michel Epstein’s comprehensive nineteenth-century code of Jewish law — covering all four sections of the Shulchan Aruch: Orach Chaim, Yoreh De’ah, Even HaEzer, and Choshen Mishpat. The translation was produced using Google’s Gemini 3 Flash model at its MINIMAL thinking level. Translation quality is consistently high for a first-pass working text, although it clearly sometimes makes mistakes. The full translation is freely available online at aruch-hashulchan-transla-53666.web.app, and the translation data and code are available at github.com/JoshB29/Texts_AI_Translations.

Introduction

The Aruch HaShulchan, by Rabbi Yechiel Michel Epstein (1829-1908) of Novardok, is one of the most authoritative and comprehensive codes of Jewish law in the modern era. Written in rabbinic Hebrew, it has remained largely inaccessible to English readers outside of a handful of translated sections.^[2]

AI-driven translation represents a qualitative shift in what is possible for rabbinic literature. This does not fully replace careful human translation, but it creates an opportunity to scale massively: human scholars can now function primarily as editors, reviewing and refining AI-generated drafts rather than translating from scratch. A multi-year scholarly translation project can now be approximated in hours for a few dozen dollars.

Corpus

The Aruch HaShulchan comprises four sections (i.e. chelakim) corresponding to the four parts of the Shulchan Aruch: Orach Chaim, Yoreh De’ah, Even HaEzer and Choshen Mishpat. I first obtained the Hebrew source text from Sefaria^[3]. In total, this corresponds to 1,507 Simanim (chapters) and comprises 24,161 seifim (subsections) and around 3,400,000 words.

Translation Method

Model and Thinking Level

I used Google’s Gemini 3 Flash (gemini-3-flash-preview) to create the translation^[4]. Gemini Flash supports four “thinking levels” — MINIMAL, LOW, MEDIUM, HIGH — which trade computation budget against reasoning depth. I chose to use the MINIMAL setting, which created a good translation at a very low cost.

Each seif was passed as an isolated API call^[5] with a fixed system prompt containing^[6]:

• A style guide specifying conventions for rabbinic titles (e.g., Rambam, Rema, Beit Yosef), standard formulaic phrases (e.g., עד כאן לשונו → “Thus far his words”), and transliteration conventions (siman, seif, seif katan).
• Few-shot examples illustrating the original text and style of translation.
• An instruction to preserve the paragraph and logical structure of the original.

In order to make the translations more consistent with each other, I applied a post-processing normalization to all translated seifim after translation was complete.

Choosing the Model Thinking Level to Use

In order to understand which model thinking level is best for rabbinic translations, I chose 5 randomly selected seifim from each chelek, and had Gemini Flash translate them at the different thinking levels. Below are the results:

I found the MINIMAL setting to produce translations of roughly equivalent quality^[7] compared to the higher thinking models. The additional expense of higher thinking did not seem to create significantly better translations. You can see from the graph that the cost for each seif at the HIGH thinking level is around 5 cents, about 33 times the MINIMAL thinking level^[8]. This would represent a total cost of about $1300, as opposed to only $40 I spent using the MINIMAL setting^[9]. Most of this cost is due to the significant amount of thinking tokens used by the high model. These results would also suggest that Gemini’s larger model, Gemini-Pro, would be overkill for the project. However, I did not formally test Gemini Pro, or any other model family^[10].

Post-Processing Results

One thing I noticed was inconsistency of the word *seif* and the names of certain rabbinic works. Specifically, *seif* was sometimes kept in transliteration and sometimes translated as “section.” To address this, I applied a post-processing step using regular expressions to standardize these renderings: *seif* was normalized to “section” and *seif katan* to “subsection.” I applied the same approach to certain rabbinic names — for example, the *Shach* was sometimes transliterated as “Shakh” — normalizing these to a single canonical spelling throughout the corpus. For future translations, this should be fixed with better prompting.

Despite the fact that each seif is translated separately, my overall impression is that the translations were reasonably good and consistent.

Translation Quality

To more systematically validate the translation quality, I selected 100 random seifim and had a separate model evaluate the translations^[11]; specifically, I used OpenAI’s GPT-5.4 model with a low reasoning effort. Each of the 100 seifim was passed to the model together with its original Hebrew, and the model was asked to classify the translation into one of four categories: Good, StyleImprovementNeeded, Mistake, or EgregiousError.

The egregious error category was defined strictly: a translation qualifies as egregious if it fundamentally inverts or distorts the author’s meaning — even if the error itself is subtle. To illustrate this, the following example was included in the evaluation prompt:

Original Hebrew

OC 635:5:

ובוודאי אין זה רק זהירות בעלמא, דאיזה פסול יש בעשיית הגג קודם הדפנות? דאין זה דמיון לחוטט בגדיש, שאין על זה שם גג כלל. אבל הכא גג גמור הוא.

Hypothetical mistranslation:

And certainly this is not only a mere stringency, for what disqualification is there in making the roof before the walls? For this is not comparable to hollowing out a haystack, where it does not have the status of a roof at all. But here, it is a complete roof.

The Aruch HaShulchan is in fact saying the opposite – the Rema’s statement is only a mere stringency. The mistranslation — inserting the words “not only” — is superficially consistent with the Hebrew, but is inconsistent with the actual context of the text and completely inverts the intended meaning.^[12]

I had ran the analysis 3 times, and took a majority vote to determine the classification of the seif. If there was a 3 way-tie, the most serious category was taken. Here are the results:

You can see that the GPT model thinks that the translations overall need to be improved in style, and found 17% of the translations had a mistake. Importantly though, there were no egregious errors found.

Most of the mistakes were mistranslations of specific words/phrases or incorrect abbreviation expansions; some of the mistakes are a bit humorous. Here are a few examples:

YD 187:63

[עח”ד סק”ה שכתב דדווקא ברואה מ”ת אמרינן כן משום די”ל שמש עכרן אבל בשלא מחמש (sic) תשמיש …]

Translation: [see Chavot Daat subsection 5 who wrote that specifically regarding one who sees from the Torah…]

However, מ”ת means “due to sexual intercourse”. The model seems to have incorrectly expanded this to “מן התורה׳”, despite that making no sense in context.^[13]

CM 163:2

כל צרכי ציבור שאינם יכולים להשוות עצמן מפני שינוי דיעות יש להושיב כל הבע”ב הנותנים מס ויקבלו עליהם ברכה שכל אחד יאמר דעתו לש”ש וילכו אחר רוב דיעות

Translation: Regarding all communal needs where they are unable to reach an agreement due to a difference of opinions, they should seat all the householders who pay tax and they shall accept upon themselves a blessing that each one will state his opinion for the sake of Heaven, and they shall follow the majority of opinions.

This is flagged as a mistake by GPT- “blessing” is not the right translation in this context; admonition or a similar word would be better.

OC 471:4

ושתיית יין שרוף מעט – וודאי מגרר גריר.

Translation: And drinking a small amount of burnt wine – certainly stimulates.

“Burnt wine” is a clear mistake for distilled alcohol.

Here’s a few more examples that I found of clear mistakes or stylistic quirks:

• In OC siman 475, seif 16, the abbreviation “עק”נ” is incorrectly rendered as “see Ketzot HaChoshen” — the correct translation should be “see Korban Netanel”.
• In YD siman 19, seif 6, the word “poskekim” appears twice — a word that does not exist in Hebrew or in standard transliteration. It appears to be a model-generated corruption of poskim (the standard plural of posek, a halachic decisor). The model occasionally makes up this word a few times in its translation.
• In EH, Siman 1 seif 2, האשה אינה מצווה על פריה ורביה is translated as “The woman is not commanded regarding pruz u-revu”. This should be “The woman is not commanded regarding pru-urevu” or even better would be “Women are not commanded in pru-urevu”.
• CM 24:1 “רבותינו ז”ל אמרו [רפ”ה לב”ק] שאין נזקקין אלא לתובע תחלה “ “Our sages, of blessed memory, said [at the beginning of the eighth chapter of Bava Kamma]”. This should be “At the beginning of the fifth chapter”

My overall conclusion is that the translation overall avoided serious errors, but that it does occasionally mistranslate more complex words or phrases, and will sometimes incorrectly expand abbreviations. The model is also no Shakespeare in terms of prose, and is sometimes stylistically awkward. Still, it is mostly correct and I think it is a useful resource. Not bad for $40.73.

Conclusion and Lessons for Future Translations

Based on my experience on using AI to translate the Aruch HaShulchan, I offer the following recommendations for those undertaking similar large-scale AI translation projects in rabbinic or other specialized religious and legal literature.

Invest in the system prompt. The single highest-leverage action is writing a strong system prompt. The prompt should do two distinct things: (1) establish the content guidance — what the model is translating, from what tradition, at what level of expertise; and (2) establish stylistic guidance — how specific terms, titles, phrases, and citation styles should be rendered, consistently and unambiguously. The prompt I used included a style guide with explicit rules for rabbinic titles, standard formulaic phrases, and transliteration conventions.

Few-shot examples are highly effective. I found that including two or three worked examples in the prompt — a Hebrew passage followed by its correct English rendering — substantially improved consistency and register. The model learns from examples what it cannot fully internalize from rules alone, particularly for the tone and sentence structure expected in halachic prose. In the prompt I used, the few shots were not even entire seifim and were actually quasi-synthetic quotes; they were meant simply to show the style of source and target text.

Smaller, lightweight models are sufficient. There is no need to use the largest or most expensive models for this class of task. LLMs have essentially solved the problem of rabbinic Hebrew translation at the level of legal accuracy. Gemini 3 Flash at MINIMAL thinking — the smallest and cheapest configuration I tested — produced translations that were as good as those produced by higher thinking levels at 33 times the cost. The marginal quality improvement from more compute is real but small; the marginal cost increase is enormous.^[14]

Prompt Iteration is essential. It took a few tries to get the model to translate in the way I wanted, and running the model on a few seifim, looking at the translation, and adjusting the prompt was very helpful. This was especially helpful for certain expressions I wanted translated consistently.

Context improves consistency, but potentially at significant cost. The primary weakness of this pipeline is that each seif is translated in complete isolation: the model has no memory of the spelling choices, transliteration decisions, or citation delimiter styles it used in prior seifim. Including previous seifim as context — either by passing the already-translated text of the current siman, or through a more dynamic agent-based RAG system — would improve within-siman consistency meaningfully. However, because halachic terminology and cross-references can reach back not just to the previous seif but to earlier simanim and even different sections of the work, the amount of context needed to capture these dependencies could quickly become expensive. For a first-pass translation, I found the isolated-call approach worked remarkably well. For a definitive scholarly edition, context-aware translation is the clear next step.

Conclusion

Translating the complete Aruch HaShulchan — approximately 24,000 seifim across four major sections — is technically feasible, inexpensive ($40.73), and fast (taking a few days on my personal Mac) using current AI technology. The resulting translation is of high quality for a working text, albeit with clear and addressable weaknesses that can be addressed in future iterations of the translation. The full translation is freely available at aruch-hashulchan-transla-53666.web.app.

Appendix A: Example Gemini translations at different thinking levels

# Orach Chaim 475:16 — Thinking Level Comparison

## Hebrew Source

וכתב רבינו הבית יוסף בסעיף ד: אכל מצה בלא כוונה, כגון שאנסוהו אנסים או לסטים לאכול – יצא ידי חובתו, כיון שהוא יודע שהלילה פסח, ושהוא חייב באכילת מצה. אבל אם היה סבור שהוא חול, או שאין זה מצה – לא יצא. עד כאן לשונו. סברא זו כתב כדי לתרץ דברי הרמב”ם, שכאן פסק דיצא ובפרק שני משופר פסק דבלא מתכוין – לא יצא, לחלק בין אכילה לשאר דבר. ומיהו גם באכילה, אם לא ידע שפסח היום או שזהו מצה – וודאי לא יצא, דמצות צריכות כוונה. ובאכילה כשידע, אף שנעשה באונס – הוה ככוונה. וסברא זו הוזכרה בתוספות פסחים (קטו א). אבל מדברי הרא”ש שם, והטור בכאן, לא משמע כן, עיין שם. (עק”נ שם אות ק’, שהאריך בזה.)

—

## Minimal Thinking

Our teacher, the Beit Yosef, wrote in section 4: If one ate matzah without intent, for example, if oppressors or bandits forced him to eat—he has fulfilled his obligation, since he knows that the night is Pesach and that he is obligated in the eating of matzah. But if he thought it was a weekday, or that this is not matzah—he has not fulfilled it. Thus far his words. He wrote this reasoning in order to reconcile the words of the Rambam, who ruled here that he has fulfilled it, yet in the second chapter of Shofar ruled that without intent—one has not fulfilled it, to distinguish between eating and other matters. However, even regarding eating, if he did not know that today is Pesach or that this is matzah—he certainly has not fulfilled it, for mitzvot require intent. And regarding eating, when he knew, even though it was done under duress—it is like intent. This reasoning was mentioned in the Tosafot in Pesachim (115a). But from the words of the Rosh there, and the Tur here, it does not appear so, see there. (See Ketzot HaChoshen there, letter 100, who elaborated on this.)

—

## Low Thinking

And our teacher, the Beit Yosef, wrote in section 4: If one ate matzah without intent, such as if oppressors or bandits coerced him to eat—he has fulfilled his obligation, since he knows that tonight is Pesach, and that he is obligated in the eating of matzah. But if he thought it was a weekday, or that this is not matzah—he has not fulfilled [his obligation]. Thus far his words. He wrote this reasoning in order to reconcile the words of the Rambam, for here he ruled that he has fulfilled [his obligation], and in the second chapter of Shofar he ruled that without intent—he has not fulfilled [it], to distinguish between eating and other things. However, even regarding eating, if he did not know that today is Pesach or that this is matzah—certainly he has not fulfilled [it], for mitzvot require intent. And regarding eating, when he knew, even though it was done under duress—it is like intent. And this reasoning was mentioned in Tosafot Pesachim (115a). But from the words of the Rosh there, and the Tur here, it does not appear so; see there. (See Korban Netanel there, letter 100, who elaborated on this.)

—

## Medium Thinking

Our teacher, the Beit Yosef, wrote in section 4: If one ate matzah without kavanah, such as if coercers or bandits forced him to eat—he has fulfilled his obligation, since he knows that tonight is Pesach and that he is obligated in the eating of matzah. But if he thought it was chol, or that this was not matzah—he has not fulfilled his obligation. Thus far his words. He wrote this reasoning in order to reconcile the words of the Rambam, for here he ruled that he has fulfilled his obligation, and in the second chapter of Shofar he ruled that without kavanah—he has not fulfilled his obligation, to distinguish between eating and other things. However, even regarding eating, if he did not know that today is Pesach or that this is matzah—certainly he has not fulfilled his obligation, for mitzvot require kavanah. And regarding eating, when he knew, even though it was done under coercion—it is like kavanah. And this reasoning was mentioned in Tosafot Pesachim (115a). But from the words of the Rosh, ibid., and the Tur here, it does not appear so; see there. (See Korban Netanel, ibid., letter 100, who elaborated on this.)

—

## High Thinking

And our teacher, the Beit Yosef, wrote in seif 4: If one ate matzah without intent, for example, if oppressors or bandits forced him to eat—he has fulfilled his obligation, since he knows that tonight is Pesach and that he is obligated in the eating of matzah. But if he thought it was a weekday, or that this is not matzah—he has not fulfilled. Thus far his words. He wrote this reasoning in order to reconcile the words of the Rambam, for here he ruled that he has fulfilled, and in the second chapter of Shofar he ruled that without intent—he has not fulfilled, to distinguish between eating and other matters. However, even regarding eating, if he did not know that today is Pesach or that this is matzah—certainly he has not fulfilled, for mitzvot require intent. And regarding eating, when he knows, even though it was done under duress—it is like intent. And this reasoning was mentioned in Tosafot Pesachim (115a). But from the words of the Rosh ibid., and the Tur here, it does not appear so; see there. (See Korban Netanel ibid., letter 100, who elaborated on this.)

These translations are substantially the same, but have a few differences:

The minimal thinking omits the initial “and”, which is technically an error but does not impact the meaning. The most glaring error is that the minimal translation expands עק”נ as Ketzot HaChoshen there, whereas the more advanced models correctly expand this to Korban Netanel.

Appendix B: Some Sample Translations

# Aruch HaShulchan — Translation Samples

## OC 67:2 — Doubt about Keriat Shema

**Hebrew**

ופשוט הוא דמיירי שיש כאן ספק על הכל: על הקריאת שמע ועל הברכות. אבל אם הספק הוא רק על קריאת שמע, והברכות וודאי קרא – פשיטא שאומר הקריאת שמע ולא הברכות, דהברכות אינם שייכים לקריאת שמע כמו שכתבתי בסימן נ”ט. אך דיש לומר דאם פשיטא ליה דאמר “אמת ויציב” – גם קריאת שמע אינו חוזר וקורא, דוודאי קרא גם קריאת שמע דסירכיה נקיט ואתי. כמו שכתבתי בסימן ס”ד, דכשפתח “למען ירבו” אמרינן דוודאי אמר “והיה אם שמע” דסרכיה נקיט, עיין שם. והכא נמי כן הוא. ואם ברי לו שברכות שלפני קריאת שמע אמר, והספק הוא מקריאת שמע והברכות שלאחריהן – קורא קריאת שמע והברכות שלאחריהן.

**Translation**
And it is simple that this refers to a case where there is a doubt regarding everything: regarding the Keriat Shema and regarding the blessings. But if the doubt is only regarding the Keriat Shema, and the blessings he certainly recited—it is simple that he recites the Keriat Shema and not the blessings, for the blessings are not connected to the Keriat Shema, as I wrote in siman 59. However, one could say that if it is certain to him that he recited “Emet VeYatziv”—he also does not return and recite Keriat Shema, for he certainly also recited Keriat Shema, as he follows his habit. As I wrote in siman 64, that when he began “Lema’an Yirbu” we say that he certainly recited “VeHayah Im Shamoa” because he follows his habit, see there. And here too it is so. And if it is clear to him that he recited the blessings before Keriat Shema, and the doubt is regarding the Keriat Shema and the blessings after them—he recites Keriat Shema and the blessings after them.

<## OC 292:1 — Mincha on Shabbat: Ashrei and Va’ani Tefilati
**Hebrew**

אומרים ‘אשרי’ ‘ובא לציון’, דבכל יום אומרים אותו בשחרית, ובשבת שבלאו הכי יש אריכות בשחרית – הניחוהו למנחה. ואומרים חצי קדיש. ואחר כך אומרים פסוק ‘ואני תפלתי’, על פי המדרש שמקודם כתיב: ‘ישיחו בי יושבי שער ונגינות שותי שכר’, אמר דוד לפני הקב”ה: אף על פי ששתינו – ואני תפלתי לך ד’. כלומר דשארי בני אדם שותים ומשתכרים ועוסקים בהוללות, ואני כשאשתה – עוסק אני אחר כך בתורה ותפ(י)לה. ולכן ביום טוב דליכא קריאת התורה – אין אומרים אותו, ועוד דעת רצון הוא רק בשבת במנחה, ונקרא בזוהר (שמות דף פ”ח:) ‘רעוא דרעוין’, וזהו רק בשבת כידוע. ולכן בשבת אף כשמתפלל ביחידות או במקום שאין ספר תורה – מכל מקום אומרים אותו (עיין מג”א סק”א), וכן הוא בזוהר תרומה.

**Translation**

We say ‘Ashrei’ and ‘Uva LeTziyon’, for on every day we say them in Shacharit, and on Shabbat, since in any case there is length in Shacharit—they left it for Mincha. And we say a half Kaddish. And afterwards we say the verse ‘Va’ani Tefilati’, based on the Midrash that previously it is written: ‘Those who sit in the gate talk about me, and I am the song of drunkards,’ David said before the Holy One, Blessed be He: Even though we have drunk—’as for me, may my prayer be unto You, Hashem.’ That is to say, that other people drink and become intoxicated and engage in revelry, but I, when I drink—I engage afterwards in Torah and prayer. Therefore, on Yom Tov, when there is no reading of the Torah—we do not say it; and furthermore, the time of favor is only on Shabbat at Mincha, and it is called in the Zohar (Shemot page 88b) ‘the favor of favors’, and this is only on Shabbat as is known. Therefore, on Shabbat, even when one prays in private or in a place where there is no Sefer Torah—nevertheless we say it (see Magen Avraham subsection 1), and so it is in Zohar Terumah.

—

## OC 615:1 — Marital Relations on Yom Kippur

**Hebrew**

יום הכיפורים אסור בתשמיש המטה, וגם זה בכלל “ועניתם”, דמניעת תשמיש מקרי “עינוי”. ובגמרא (עז ב) יליף זה מקרא, עיין שם. ואפילו במקום שאין טובלין לקרי – אסור התשמיש (טור), כלומר: דלא תימא דהאיסור הוא משום הטבילה שאחר כך, מפני איסור רחיצה, אלא התשמיש עצמו אסור. ולכן יתרחק אדם מאשתו כל יום זה כמנידה. והיינו: שלא יישן עמה במיטה אחת, ולא יגע בה בלילה. אבל ביום אין חשש כמובן (ט”ז). ויש שאוסר גם ביום (מגן אברהם), וכמדומה שאין המנהג כן. ולא ירבה לדבר עמה (שם).

**Translation**

Yom Kippur is forbidden for tashmish hamitah, and this too is included in “and you shall afflict yourselves,” for the withholding of tashmish is called “affliction.” And in the Gemara (77b) this is derived from a verse, see there. And even in a place where they do not immerse for keri—tashmish is forbidden (Tur), that is to say: so that you should not say that the prohibition is because of the immersion that follows, due to the prohibition of washing, but rather the tashmish itself is forbidden. Therefore, a man should distance himself from his wife all this day as if she were a niddah. And that is: that he should not sleep with her in one bed, and he should not touch her at night. But during the day there is no concern, of course (Taz). And there is one who forbids even during the day (Magen Avraham), and it seems that the custom is not so. And he should not speak extensively with her (ibid.).

—

## YD 38:13 — The Appearance of a Lung

**Hebrew**

ולפע”ד היה נראה להשוות הדיעות במקצת דבאמת אמראה בשר קשה מאד הרי זו אדום ולכן כתב אחד מהגדולים שצריך להבחין באדמימות אם אינה נוטה למראה בשר [שמ”ח סעי’ ד’] אבל מי הוא האיש החכם ויבן את זאת ולכן נראה דזה שכתבו כמראה בשר לאו משום המראה של אדמימות אלא גם על המראה העצמיות שלה דידוע דריאה היא חלקה מאד ולהיפך מזה הבשר אינו חלק כלל שהרי נמשכת לחוטים דקים ולכן אם הרואה לעינים לא יאמר עליה שזו היא ריאה אלא בשר היא טרפה ואם יאמר הרואה שזהו כבד כשרה וה”ה אם יאמר עליה שזהו טחול ג”כ כשר ולפ”ז זה שאמרו כמראה בשר טרפה לאו משום המראה אדמומית אלא משום מראה העצם שגשמיותה נראית כבשר [ומתורץ בזה קושית המאור למה לא אמר הש”ס כעין בישרא ע”ש]:

**Translation**

In my humble opinion, it would seem possible to reconcile the opinions somewhat, for indeed, regarding the appearance of meat, it is very difficult, as this is red. Therefore, one of the great authorities wrote that one must discern in the redness if it does not lean toward the appearance of meat [Siman 38, section 4]. But who is the wise man who can understand this? Therefore, it seems that what they wrote, “like the appearance of meat,” is not because of the appearance of redness, but also regarding its essential appearance. For it is known that a lung is very smooth, and conversely, meat is not smooth at all, as it is drawn into thin fibers. Therefore, if the observer would not say of it that this is a lung, but rather that it is meat, it is terefah. But if the observer would say that this is liver, it is kosher; and the same law applies if he would say of it that this is a spleen, it is also kosher. According to this, that which they said, “like the appearance of meat is terefah,” is not because of the appearance of redness, but because of the appearance of the substance, that its physical essence appears like meat [and with this, the difficulty of the Maor is resolved as to why the Shas did not say “like meat,” see there].

—

## CM 378:13 — Both Parties With or Without Permission

**Hebrew**

ומה נקרא שניהם ברשות כגון חצר השותפים או שנתן הבעה”ב רשות לשניהם ליכנס לחצרו או שהניזק נתן רשות למזיק ליכנס לחצרו או המזיק לניזק וכן כששניהם הלכו ברה”ר או בסימטא מקרי שניהם ברשות דהלא לשניהם יש רשות להלוך אבל כשרצים ברה”ר ובסימטא מקרי שניהם שלא ברשות דאין רשות לאדם לרוץ במקום הילוך רבים ושלא במקום הילוך רבים כמו בשדה ובקעה מקרי ברשות גם כשרצים [נ”ל] וכן בחצר שאינו של שניהם ובעל החצר לא נתן להם רשות מקרי שלא ברשות אבל כשלאחד נתן רשות ולא להשני הוי לזה שנתן רשות כחצרו:

**Translation**

And what is called “both are with permission”? For example, a partners’ courtyard, or where the homeowner gave permission to both of them to enter his courtyard, or where the injured party gave permission to the damager to enter his courtyard, or the damager to the injured party. And similarly, when both were walking in a public domain or in a side-alley, it is called “both are with permission,” for behold, both have permission to walk. But when they are running in a public domain or in a side-alley, it is called “both are without permission,” for a person does not have permission to run in a place where many walk. And in a place that is not a place where many walk, such as in a field or a valley, it is called “with permission” even when they run [it appears to me]. And similarly, in a courtyard that does not belong to both of them and the owner of the courtyard did not give them permission, it is called “without permission.” But when he gave permission to one and not to the other, it is for the one to whom he gave permission like his own courtyard.

1. Special thanks to Emory University’s Law and Religion Center, which funded the model calls for this project. I want to thank my father, Rabbi Michael Broyde, for his thoughts on this piece and general helpful discussions when engaging in this project. His work on the Aruch Hashulchan is what inspired this project in the first place. I thank him also for all the Torah he has taught me and continues to teach me. Thank you also to Sefaria for publishing the original Hebrew text. ↑
2. My father, Rabbi Michael Broyde, undertook a scholarly translation of the Hilchos Shabbos chapters of the *Aruch HaShulchan* (*Orach Chaim* 242–292, see here). Aryeh Press is separately producing AI-assisted translations of the Aruch HaShulchan that integrates commentary from the Mishneh Brurah and the Shulchan Aruch HaRav — a more ambitious and editorially intensive project targeting the same text. ↑
3. For Yoreh Deah, I had to combine two different files from Sefaria: Arukh HaShulchan – he – Arukh HaShulchan, Yoreh De’ah — Wikisource.json and Arukh HaShulchan – he – Aruch HaShulchan, Vilna 1923-29.json ↑
4. Previously, in September 2024, I used GPT-4o to translate the Aruch HaShulchan, covering Orach Chaim, Yoreh De’ah, and Even HaEzer. You can find that older translation here. I found that it also produced translations of good quality. I have since updated the translation using Gemini 3 Flash, and extended coverage to all four sections of the Shulchan Aruch. ↑
5. All translation pipeline code — including the API client, the translation script, the thinking-level experiment, the post-processing normalization pass, and the code powering the website — was written with Claude Code (Anthropic’s AI coding assistant). Claude Code also assisted with some qualitative analysis of the translations and assisted drafting this article. ↑
6. You can find the code for creating the translation, including prompts for the model, here. All model API calls had a temperature of .4. ↑
7. See appendix for an example. You can see the full results of the experiment here. ↑
8. In the translation, I found that the MINIMAL setting never did any thinking. However, this is not guaranteed, and the minimal thinking setting sometimes can engage in thinking. ↑
9. Even this higher rate remains significantly lower than professional human translation, which typically ranges from $0.05 to $0.20 per word. Even at the lower estimate of $0.05 per word, a professional translation of the Aruch HaShulchan would cost approximately $170,000, making the AI-driven alternative a fraction of the market rate. ↑
10. That being said, my impression with informally testing with Anthropic’s Claude model and OpenAI’s ChatGPT are that they generated similarly reasonable translations. As I stated above, even the older GPT4o model did a solid job of translating sections of the Aruch Hashulchan. ↑
11. I chose a totally different model to avoid any potential bias of Gemini both creating the translations and also evaluating. However, in principle, LLMs of the same family can be used to evaluate their own responses. ↑
12. The actual Gemini generated translation correctly translates this phrase as “And certainly this is only a mere stringency”. I want to thank Claude Code for accidentally surfacing this nice example. Claude Code originally flagged this correct translation as being incorrect and I had to fight with it to persuade it that in fact the original translation was correct(!) ↑
13. My impression is that about a third or a half of all mistakes are incorrectly expanded abbreviations. ↑
14. For true publication quality translations, I think more work needs to be done to test whether smaller models can be used, especially if those translations will incorporate auto-generated commentaries and cross-references. ↑

As a followup to the two recent posts at the Seforim blog — see here (“The Other Works of R. Yehiel Mihel Epstein, Author of the Arukh HaShulhan“) and here (“Printing of the Arukh HaShulhan: The Missing Line About Rabbi Epstein’s Daughter”), we are proud to present Rabbi Michael J. Broyde’s short post about the Arukh HaShulhan.

Three Missing Sections of the Arukh HaShulhan:
The Search for the Complete Text
Rabbi Michael J. Broyde Anyone who regularly learns the Arukh HaShulhan knows that his restatement of the Shulhan Arukh is incomplete in three places, and perhaps in three different manners.

Firstly, he is missing some sections on mitzvot hateyulot ba’aretz. For example, Yoreh Deah 331 and 332 are missing and Rabbi Epstein explains himself that these matters are (1) not practiced nowadays, (2) complex and long and (3) not related to Yoreh Deah and thus he omits them from this section and places then in the Arukh HaShulhan Ha’atid.

Secondly, the Arukh HaShulhan is missing Yoreh Deah 223-282 which deals with setam yenam (gentile wine), idolatry, ribbit (usury) and magic. I have no explanation as to why these sections were left out, and I have no indication that they were actually written, either — although it would surprise me that any writer on Yoreh Deah would leave these sections out. I have always assumed that they were awaiting publication, although I have no proof as to such.

Thirdly, the Arukh HaShulhan is missing all of hilkhot ketubot which is Even Haezer 66-118. It is clear that the Arukh HaShulhan wrote these sections, as he makes reference to them a number of times in other areas of his writings. (For example, if you look in Arukh HaShulhan hilkhot sotah 178:25, he makes clear reference to his commentary on Even Haezer 115, paragraphs 27-32, which means that he must have written that section already and he assumes that the reader can look this up.) However, as far as I know, they were never published.

So, I was wondering if anyone knew anything else about these missing sections?

On the History of the Custom to Announce Upcoming Fasts in the Synagogue on the Shabbat Preceding the Fasts

By Ezer Diena

About the author: Ezer Diena teaches Science and Judaics at Bnei Akiva Schools of Toronto. After studying at Yeshivas Toras Moshe for two years, Ezer received his B.Sc. in Chemistry and B.Ed. from York University.  He then joined Beit Midrash Zichron Dov of Toronto, where he studied for two years while serving as Rabbinic Assistant at BAYT and teaching in the Toronto and Thornhill communities. He welcomes any comments or feedback at ediena@torontotorah.com

Part 1: The sources of this custom

Many communities have the custom to make some type of announcement¹ of a fast day on the Shabbat preceding it. In what is likely the best-known version of this custom, Shulchan Aruch (Orach Chaim 550:4) writes:

:(בשבת קודם לצום מכריז שליח צבור הצום חוץ מט”ב וצום כפור וצום פורים וסימנך אכ”ף עליו פיהו² (ומנהג האשכנזים שלא להכריז שום אחד מהם

On the Shabbat prior to a fast, the Shaliach Tzibbur announces the [upcoming] fast, except for the 9^th of Av, the fast of Kippur, and the fast of Purim [i.e. Ta’anit Esther], and the mnemonic for this is “AKaF alav pihu” [A = Av, K = Kippur, F = Purim] (Mishlei 16:26). Rema:³ And the custom of the Ashkenazim is not to announce any of them.

While the source of Shulchan Aruch’s formulation of the custom to announce fasts on the Shabbat prior is Abudarham⁴, this custom is described in a number of early sources. Two sources cited in support of this custom appear to be from Geonic times⁵, while another seven major sources span the first half of the second millennium. The Hebrew and English text of these nine sources, along with minimal analysis, follows:

Masechet Soferim (no later than 8^th Century CE)

In standard printings of Masechet Soferim, Chapter 21 Halacha 3⁶ references a custom that some individuals had to fast on Monday(s) and Thursday towards the end of the month of Nissan.⁷ The next passage⁸ reads

.במה דברים אמורים בצינעה, אבל לקרוא צום בציבור אסור, עד שיעבור ניסן

When is the above said? [When the fasting is done] privately, but to call a fast in public is prohibited, until Nissan has passed.

Rabbi Dr. Michael Higger (in his critical edition of Masechet Soferim, Volume II, p. 354, notes to line 13) notes no less than four other versions of the words that appear in the place of לקרוא צום בציבור, to call a fast in public: להטריח ציבור, to burden the community; להכריז צום בציבור, to announce a fast in public; להזכיר צום בציבור, to mention a fast in public; and להדין צום בציבור, to rule (?) a public fast. (Note as well that some of the versions lack the word צום, fast, but their meaning likely remains the same.)

Some commentaries to Masechet Soferim⁹ have therefore suggested that this line references this custom to announce fasts on the preceding Shabbat. While it is indeed the custom of many communities, even now, to recite a Mi Sheberach blessing on the first Shabbatot following Rosh Chodesh Iyar and Cheshvan for those who fast the Monday/Thursday/Monday fasts following Nissan and Tishrei,¹⁰ this does not seem to be the simple meaning of this passage of Masechet Soferim, for a number of reasons. Firstly, the passage in Masechet Soferim makes no mention of Shabbat, unlike all of the other sources discussing this custom. Secondly, it seems to be discussing the nature of the fast day itself as a fast of an individual, as opposed to the fast of the public. Thirdly, similar wording is used by Shulchan Aruch (Orach Chaim 429:2) to describe the prohibition of fasting during the month of Nissan, and the overwhelming majority of commentaries¹¹ explain this phrase to refer to the act of public fasting, having nothing to do with an announcement on the Shabbat preceding the fast.¹²

A more plausible explanation¹³ of this passage in Masechet Soferim would be that this refers to the public display of fast day rituals, such as reading the Torah portion associated with a public fast day, or that there was some announcement of the fast to the public, but had nothing to do with the Shabbat preceding the fast.

In conclusion, there is no evidence from this passage in Masechet Soferim to suggest that the its author was aware of a custom to announce fast days in the synagogue on the Shabbat preceding.

Seder Rav Amram Gaon (9^th Century CE)

Another early source supporting the custom of announcing fasts on Shabbat may be Seder Rav Amram Gaon. In Seder Hilchot Ta’aniyot (usually indicated as Section 57), some editions¹⁴ of this work contain the following paragraph:

ונהגו בכל המקומות שמכריז ש”ץ בשבת קודם התענית ואומר צום פלוני ביום פלוני שיהפוך אותו הקב”ה עלינו ועל כל עמו ישראל לששון ולשמחה. ככתוב. כה אמר ה’ צבאות צום הרביעי וצום החמישי וצום השביעי וצום העשירי יהיו לבית יהודה לששון ולשמחה ולמועדים טובים והאמת והשלום אהבו. תענית של צום הרביעי י”ז בתמוז, צום החמישי ט’ באב, וצום השביעי ג’ בתשרי, צום העשירי עשרה בטבת

It is the custom in all communities that the Shaliach Tzibbur announces on Shabbat before the fast and says “the fast Ploni will [take place] on the day Ploni, may Hakadosh Baruch Hu transform it for us and for His entire nation of Israel to gladness and happiness.” As it is written: “Thus said the LORD of Hosts: The fast of the fourth month, the fast of the fifth month, the fast of the seventh month, and the fast of the tenth month shall become occasions for joy and gladness, happy festivals for the House of Judah; but you must love honesty and integrity.” (JPS 1985 translation of Zechariah 8:19) The fast of Tzom Harevi’i is the 17^th of Tammuz, Tzom Hachamishi is the 9^th of Av, and Tzom Hashevi’i is the 3^rd of Tishrei, [and] Tzom Ha’asiri is the 10^th of Tevet.¹⁵

Unfortunately, this passage is not authentic. In addition to language that does not seem to fit the rest of the work¹⁶, it appears only in Manuscript Aleph (Oxford Bodleian Library Opp. Add. 4⁰28) of this work, a manuscript known for many later interpolations based on French customs.¹⁷ Also, if such a custom was so widespread at that time, one would expect other evidence from approximately the same time period or earlier, which, if extant, has eluded this author entirely. Indeed, Professor Daniel Goldschmidt treats this section as a later addition in his edition of Seder Rav Amram Gaon.¹⁸ Therefore, it is significant as testimony to the custom in France in the 1400s, but not as a report from 500-odd years prior in a different part of the world.

Machzor Vitry (11^th-12^th Century CE)

Standard printings of the Machzor Vitry (Section 190), a French work composed around 1100 CE,¹⁹ read as follows:

וכשחל תענית כתוב בשבת הבאה יאמר הכי: מי שעשה כו’. עד לירושלם עיר הקודש ונאמר אמן. צום פלוני יום פלוני זה הבא עלינו יהפכהו הק’ לנו ולכל ישר’ לששון ולשמחה ולברכה ולשלום ונאמר אמן. ככת’ כה אמר י”י צום הרביעי צום החמישי צום השביעי וצום העשירי יהיה לבית יהודה לששון ולשמחה ולמועדים טובים האמת והשלום אהבו

When a “written fast” falls in the coming week, he should say as follows: “He who did…” until “to Yerushalaim, the holy city, and we say ‘Amen’!” [This text is found in the previous section as part of the prayer recited on the Shabbat before Rosh Chodesh.] “The fast of Ploni is on this day, Ploni, which is approaching. May Hakadosh Baruch Hu transform it for us and all of Israel to gladness and happiness and blessing and peace, and we say ‘Amen’!” As it is written, “Thus said the LORD of Hosts: The fast of the fourth month, the fast of the fifth month, the fast of the seventh month, and the fast of the tenth month shall become occasions for joy and gladness, happy festivals for the House of Judah; but you must love honesty and integrity.” (JPS 1985 translation of Zechariah 8:19)

Although there are various manuscripts of Machzor Vitry, and many of them have slightly different readings, the passage is considered entirely authentic. The details of this retelling of the custom, as well those which follow, will be analyzed at length later in this piece, and are brought here as a form of introduction, as well as if the reader would like to reference the full texts during other portions of this article.

Sefer Eitz Chaim (13^th Century CE)

Rabbi Yaakov Ben Yehudah Chazzan lived in London in the 1200s, and produced a Halachic work called Eitz Chaim.²⁰ Page 109 of the Brody Edition reads:

כשיארע צום²¹ לשבוע יאמר: צום פלוני יהיה יום פלוני, יהפכהו הקב”ה עלינו ועל כל ישראל לששון ולשמחה ולמועדים טובים, לריוח והצלה והצלחה, לברכה ושלום ונאמר אמן, כאמור: כה אמר יי [צבאות] צום הרביעי צום החמישי צום השביעי וצום העשירי יהיה לבית יהודה לששון ולשמחה ולמועדים טובים האמת והשלום אהבו

When a fast will fall in the week, he should say: “The fast of Ploni will be the day of Ploni, may Hakadosh Baruch Hu transform it for us and all of Israel to gladness and happiness and holidays, relief, deliverance and success, blessing and peace, and we say ‘Amen’!” As is said, “Thus said the LORD of Hosts: The fast of the fourth month, the fast of the fifth month, the fast of the seventh month, and the fast of the tenth month shall become occasions for joy and gladness, happy festivals for the House of Judah; but you must love honesty and integrity.” (JPS 1985 translation of Zechariah 8:19)

Kol Bo (13^th-14^th Century CE)

In an anonymous halachic work from around 1300, often attributed to Rabbi Aharon Ben Yaakov Hakohen²², we find the following in Hilchot Tefillat Yotzer Umussaf, Chapter 37:

.ועל ד’ הצומות שהן י”ז בתמוז וט’ באב וצום גדליה ועשרה בטבת מכריז בשבת שלפניהן ואומרים צום פלוני יהיה יום פלוני וכו’, אבל²³ אין מכריזין על ט’ באב ועל צום גדליה²⁴ לפי שהם ידועים לכל

On the four fasts, which are the 17^th of Tammuz, the 9^th of Av, the fast of Gedaliah, and the 10^th of Tevet, he announces on the Shabbat prior to them, and they say: “The fast of Ploni will be on the day of Ploni…”. But we do not announce on the 9^th of Av and the fast of Gedaliah, since they are known to all.

Orchot Chaim (13^th-14^th Century CE)

Standard printings of Orchot Chaim, an early 14^th Century work by Rabbi Aharon Ben Yaakov Hakohen²⁵ (Volume I, Seder Tefillat Shabbat – Shacharit, Section 8) read:

ועל ד’ הצומות שהן י”ז בתמוז וט’ באב וצום גדליה וי’ בטבת מכריז בשבת שלפניהם צום פלוני יהיה יום פלוני וכו’²⁶ ועל ט’ באב וצום גדליה י”א שאין מכריזין עליהם לפי שהן ידועים לכל.²⁷

On the four fasts, which are the 17^th of Tammuz, the 9^th of Av, the fast of Gedaliah, and the 10^th of Tevet, he announces on the Shabbat prior to them: “The fast of Ploni will be on the day of Ploni…”. [Regarding] the 9^th of Av and the fast of Gedaliah, some say that we do not announce them, since they are known to all.

Sefer Mitzvot Zemaniyot (13^th-14^th Century CE)

Rabbi Yisrael Ben Yosef Hayisraeli of Toledo, Spain, authored an Arabic work known as Sefer Mitzvot Zemaniyot around the beginning of the 14^th Century. It was translated into Hebrew not long after his death by Shem Tov Ben Yitzchak Ardotial, and that translation alone remains.²⁸ In his Hilchot Ta’aniyot, he writes:

וצריך להזהר בהם ולהזכירם ש”ץ ביום השבת הקודם אחר ההפטרה קודם שיאמר אשרי “אחינו ישראל [שמעו] צום פלוני יום פלוני. יהפוך אותו לנו²⁹ הקב”ה לנו לששון ולשמחה, כמו שהבטיחנו בנחמות, ונאמר אמן”. והענין לזה, כדי שיקבלו עליהם הצבור קודם בואו. כי אם לא יקבלוהו ולא כיונו בו אלא אחרי בואו, יקרא תענית שעות, שאינו יום צום אלא מעת שכיון לקבלו עד תשלום היום. ואמרו אין מתענין לשעות. ואמרו עוד כל תענית שלא קבלו עליו מבעוד יום לא שמיה תענית.

One needs to be careful about them and the Shaliach Tzibbur should announce them on Shabbat Day after the haftarah before he says “Ashrei”: “Our brothers, Israel, hear: The fast of Ploni is on the day of Ploni. May Hakadosh Baruch Hu transform it for us to gladness and happiness, as he promised us in the consolations, and we say “Amen”!” The purpose of this, is so the community accepts [the fast] upon themselves before it arrives. For if they do not accept it, and only focus upon it after it arrives, it will be called a Ta’anit Sha’ot [fast of hours], which is [only considered] a day of fasting from the time that he intended to accept it until the completion of the day. And they said (Ta’anit 11b): “[One] does not fast for hours.” They also said (Ta’anit 12a): “Any fast which they did not accept while it was still [the previous] day is not considered a fast.”

Although he lived in Spain, he was tremendously influenced by Rabbi Asher Ben Yechiel (Rosh), who had lived in and travelled through various Ashkenazic communities before settling in Spain in 1306. Thus, this work may reflect an Ashkenazic custom, albeit one that may have become accepted in Spain at that time. It is also imperative to note that scholars have documented the influence of this work on the next two works listed, Sefer Abudarham and Sefer Menorat Hama’or.³⁰

Sefer Abudarham (14^th Century CE)

As mentioned above, Sefer Abudarham, a classic 14^th Century Spanish liturgical work,³¹ served as the source for Shulchan Aruch’s ruling on this matter. The original text, found in printed versions of Sefer Abudarham (Seder Tefillat Hata’aniyot), reads:

ובשבת שקודם להם אחר קריאת ההפטורה קודם אשרי צריך שיכריז שליח צבור ולהודיע לקהל באיזה יום יחול הצום ואומר אחינו ישראל שמעו צום פלוני יום פלוני יהפוך אותו הקב”ה לששון ולשמחה כמו שהבטיחנו בנחמות ונאמר אמן. וג’ תעניות אין מכריזין עליהם ט’ באב יום הכיפורים ופורים וסימניך אכ”ף.³²

And on the Shabbat before them, following the reading of the Haftarah, prior to Ashrei, the Shaliach Tzibbur must announce and notify the congregation on which day the fast falls, and he says: “Our brothers, Israel, hear: The fast of Ploni is on the day of Ploni. May Hakadosh Baruch Hu transform it to gladness and happiness, as he promised us in the consolations, and we say “Amen”!” There are three fasts which we do not announce [the date of]: The 9^th of Av, Yom Hakippurim, and Purim, and the mnemonic is AKaF [A = Av, K = Kippur, F = Purim].

Sefer Menorat Hamaor (Rabbi Yisrael Al-nakawa; 14^th Century CE)

Finally, at approximately the same time and place as Sefer Abudarham was written, Sefer Menorat Hama’or, a chiefly ethical work by Rabbi Yisrael Al-nakawa, was also composed.³³ Standard printings of Chapter 2 of the book, entitled Hilchot Hata’aniyot (p.p.278-279 in the Anlau Edition), contain the following passage, in the context of formally accepting the “minor fasts”:

…ולפי’ נהגו להכריז ש”צ ביום השבת שהתענית חל להיות באותו שבוע הבאה אחריו. ואומר, אחינו ישראל שמעו, צום פלוני ביום פלוני, יהפוך אותו הב”ה לששון ולשמחה, כמו שהבטיחנו בנחמות, ונאמר אמן. כדי שיקבלוהו הקהל עליהם קודם שיחול, לפי שאין רובם בקיאים לקבל אותו עליהם מבעוד יום בתפלת המנחה, כמו שאמרתי.

…therefore, they have the custom that the Shaliach Tzibbur announces the fast on the Shabbat Day on which the fast falls in the week which follows it. And he says: “Our brothers, Israel, hear: The fast of Ploni is on the day of Ploni. May Hakadosh Baruch Hu transform it to gladness and happiness, as he promised us in the consolations, and we say “Amen”!” [This is done] in order that the congregation should accept it upon themselves before it arrives, since most of them are not expert enough to accept it while it is still daytime [before the fast] during the Mincha prayer, as I said.

To sum up the history of this custom, we see that it arose sometime near the start of the Second Millennium CE and was reported to be the custom of French Ashkenazic communities for at least the next few hundred years. We also see it in a distinct group of Spanish sources in the 1300s, which may have been influenced by Ashkenazic rabbis who either emigrated to Spain or were well-known in Spain, causing this to become common practice in those Sephardic communities. In the 1400s and 1500s, it appears that this custom was strong in certain Sephardic communities (especially Spanish ones), and possibly still in French communities, but virtually nonexistent in many Ashkenazic communities.

Following the dissemination of the rulings of Rabbi Yoseph Karo and Rabbi Moshe Isserles in the Shulchan Aruch and Mappah, we see significant adoption of this custom by communities that tended to follow Sephardic customs, and strong rejection of the custom by Ashkenazic communities across Europe. Ashkenazic codes of law from this point on either rejected this custom (which may be evidence that it was known to them, possibly via the ruling in Shulchan Aruch), or failed to mention it altogether, since it was not practiced.³⁴ However, we see evidence of adoption of this custom among Yemenite Jews,³⁵ Egyptian Jews,³⁶ and Italian Jews.³⁷

Part 2: Approaches to this custom

In order to properly understand this custom, we must ask the following questions:³⁸

1. What benefit might there be to people to announce a fast day on the Shabbat beforehand, and why would someone initiate such a custom?
2. Why might some communities not have adopted this custom or disagreed with it?
3. How do these reason(s) fit in with various details of the custom, as indicated in the sources noted above, including:
   1. the language of the announcement?
   2. the placement of the announcement in the prayer service?
   3. the dates which some communities do not announce?

In answering these questions, we find three distinct conceptual approaches³⁹ to this custom, which will be outlined below. Each of these approaches finds support among the various details of this custom, as mentioned in the sources introduced above. However, rather than attempt to assign these understandings to various authorities, this article presents the general approaches and incorporates appropriate material from the primary sources. Assigning a particular approach to each source is inappropriate, since they do not fully reflect exactly how that author may have understood the custom, but rather, how it was being practiced in that locale at that time.

Approach #1: Informing the Community

Perhaps the simplest way to explain this prayer and custom is that it serves as a method of alerting the community to an upcoming fast day.⁴⁰ The custom may have begun simply by necessity – members of a particular community may have not been fully aware of upcoming fast days, and as a result, it could have been decided by the community leaders that an announcement on Shabbat would be most effective to share this information with the community. Notably, around the times which we see this custom first being mentioned, there is reason to believe that there were more participants in the Shabbat prayer service than at other weekday services,⁴¹ and in addition, it provides significant time to prepare for the fast, which could be no earlier than the following day.⁴²

One could further conjecture that in communities where the fasts were communicated otherwise, or where the general population was more aware of such dates, this announcement was simply unnecessary. Alternatively, even if there were more communities that would have benefitted from a public declaration about the upcoming fast, it is possible that while some communities incorporated this into their prayer service, others may have felt it unnecessary or inappropriate.

Such an approach is primarily taken by Abudarham⁴³, who adds the words ולהודיע לקהל, emphasizing the element of announcement. (Truthfully, it is hard to reject this reading of virtually any source that mentions this custom.) If so, the words “אחינו ישראל שמעו⁴⁴, צום פלוני [ב]יום פלוני”, serve as a crucial part of the announcement, as they serve the main goal of passing this information on to the congregation. This would also explain the proximity of this prayer to the similar announcement of when Rosh Chodesh will take place the following week.⁴⁵

Commentaries to Shulchan Aruch that take this position are quite limited.⁴⁶ One example is Kaf Hachaim (Orach Chaim 550:24), who cites the language of Sefer Abudarham, and in 550:26, he also cites Yafeh Lalev (Volume III, Orach Chaim 550:2), who in turn cites Orchot Chaim’s language (brought above). Since Orchot Chaim writes that according to some, we do not announce the fasts of the 9^th of Av and Tzom Gedaliah “because they are known to all”, many understand this phrase to reflect an understanding that the purpose of the announcement is to make these dates known to all.⁴⁷ This would be true of the passage in Kol Bo as well, which also gives that rationale without citing another view. Similarly, in Sefer Abudarham (and Shulchan Aruch), three dates are given on which we do not announce the fast on the preceding Shabbat. Yom Kippur and the 9^th of Av were likely well-known, and did not need to be announced, and the Fast of Purim (Ta’anit Esther) need not be announced due to its proximity to Purim.⁴⁸ However, it would be hard to understand why Tzom Gedaliah, which immediately follows Rosh Hashanah, would not fall into this category as well.⁴⁹

Of particular interest⁵⁰ to those who follow this approach is the custom in Egypt. Sefer Minhagei Mitzrayim (authored by Rabbi Yom Tov Ben Eliyahu Shirizali, Rabbi of Cairo in the mid-late 1800s; note 55) testifies that the custom in Egypt was not to announce any of the fasts. However, his successor Rabbi Rafael Aharon Ben-Shimon, in Sefer Nehar Mitzrayim (Hilchot Ta’aniyot 1) spoke very harshly against the custom of not announcing these fasts, since he was personally aware of complaints from G-d-fearing Jews who had unintentionally eaten on the 17^th of Tammuz, and he re-instituted this custom in accordance with the view of Shulchan Aruch.⁵¹

Notably, a recent authority that takes this approach is Rabbi Mordechai Eliyahu. In Kol Tzofayich (Balak 5761), p. 3, he advocates that even in communities that do not have this custom, on the Shabbat preceding the fast, the Gabbai should announce the date on which the fast falls, as well as the start and end times for the fast.⁵²

Approach #2: A Prayer

It is quite clear that the actual text of this addition to the Shabbat morning services contains two major components:

1. An announcement of when the fast will be taking place
2. A prayer that Hashem turn it into a day of happiness

When examining the various versions of this passage and the way it is described, one can see different emphases on each of these components. For example, in Orchot Chaim’s version, which reads “צום פלוני יהיה יום פלוני וכו’”, the only text mentioned outright is the announcement of the fast, although it is clear that some form of prayer was recited, since he includes וכו’, or “etc.” at the end of his statement. Thus, one would presume that the main focus of this addition is to alert the community to the upcoming fast, but we take the opportunity to also request from Hashem that these days be turned into happy occasions.⁵³

In a second set of texts, we find the second component, the prayer, clearly written following the announcement, but it tends to be fairly short. For example, Sefer Abudarham has “יהפוך אותו הקב”ה לששון ולשמחה כמו שהבטיחנו בנחמות ונאמר אמן”.

In Machzor Vitry, we find two interesting changes. Firstly, prior to the actual announcement, there is an opening prayer which matches the opening prayer recited before the announcement of Rosh Chodesh. Secondly (and this is found in various early French records⁵⁴), it concludes with a citation of the verse in Zechariah (8:19) that these days will be transformed into happy occasions. It cannot be determined if this verse was actually recited as part of the prayer at the time that these texts were written, or if the verse was printed following this prayer to explain it,⁵⁵ but it clearly demonstrates a strong connection to the consolation of that verse. Additionally, in Machzor Vitry as well as Sefer Eitz Chaim, the list of blessings that we pray for is significantly longer than in other sources.

Furthermore, in Machzor Vitry we find an odd phrase – it refers to each fast that we recite this before as a “תענית כתוב”, a written fast. Different interpretations have been proposed,⁵⁶ one of which is that this phrase refers to those fasts enumerated in Zechariah 8:19.⁵⁷ What criterion would be only applicable to those four fast fasts, and why refer to it in this strange way? Perhaps the emphasis of Machzor Vitry was on the fact that these four fasts are enumerated in a verse which explicitly states that they will be turned into days of happiness, which according to him, would be the main purpose of this passage and custom.⁵⁸

In addition to the above, many versions of Machzor Vitry omit the day of the week on which the fast will fall.⁵⁹ This too serves to deemphasize the notion that this section was added to remind others of an impending fast, and perhaps further emphasizes the role of this addition primarily as a prayer.

Additionally, another text can be called upon to support this notion that the primary reason for adding this section was to pray for a reversal from sadness to happiness. Kol Bo’s language about this custom appears to be internally contradictory. It opens saying that on each of the four fasts listed in Zechariah, the fast should be announced, and the prayer text should be recited. He then writes that Tzom Gedaliah and Tish’a B’av should not be announced. Why would he open by stating that we do announce those fasts, and one line later, write that we don’t?⁶⁰

Perhaps this contradiction can be resolved by noting a slight difference between the language of Orchot Chaim and that of Kol Bo.⁶¹ Kol Bo adds the word ואומרים, and they say, prior to the passage recited in the synagogue. Thus, Kol Bo opens with a statement that on these four fasts: a) one individual announces the fast to the congregation, and b) the community recites the following prayer text. Kol Bo continues by noting that on two of the aforementioned fast days, the announcement is not made, but it is possible that the prayer is still recited.⁶² In Orchot Chaim, however, the prayer recited is the same as the announcement, and thus, it is brought as two separate opinions as to whether the announcement/recitation takes place at all.

This suggests that the Kol Bo distinguishes between the announcement element and the prayer element of this passage, and according to him, although the announcement is recited only prior to the 17^th of Tammuz and 10^th of Tevet, the prayer is recited prior to each of the four fasts listed in the verse, which would also seem to indicate that its primary purpose was to ask G-d for this reversal.

If the main or sole purpose of this addition to the Shabbat morning service would be for prayer, its placement within the prayer service (as opposed to before or after, or at a completely separate time) is quite appropriate. The parallel to the mention of Rosh Chodesh, which is also surrounded by prayers for a successful month, is very easy to understand. However, as stated above, this view is limited in regards to the applicable dates on the Jewish calendar, since according to this view, the most appropriate fast day to ask for a reversal of would be the 9^th of Av, yet, many sources, including Shulchan Aruch, designate that day as one that we do not recite this passage on the Shabbat prior.⁶³ Additionally, it is hard to understand the opposition to this custom – why wouldn’t other communities have followed this custom as well?

Although there is no certain answer to this question, there are two factors worth noting:

1. If one were to view the passage announcing the upcoming Rosh Chodesh as fulfilling a different role than a prayer for the future, this passage seems out of place. If some Ashkenazic authorities viewed the Birkat Hachodesh as either an announcement or as some ritualistic acceptance of the new month,⁶⁴ they may have felt it inappropriate to add another section to the prayers which did not serve that same purpose.
2. There is a general hesitancy to mention sad things on Shabbat;⁶⁵ some have suggested that the rejection of this custom was in line with this ethic.⁶⁶ Indeed, there were even communities that did not recite the general Rosh Chodesh passage during the month of Av, due to its negative nature, so as not to bring that up on Shabbat.⁶⁷

While this view that this addition to the service serves primarily as a prayer is not explicitly mentioned by commentaries to the Shulchan Aruch, nor almost any writers,⁶⁸ it is clear that there is certainly an element of prayer according to all views of this custom, and that it may indeed be the main purpose of the custom according to some of the authorities that we brought above.

Approach #3a: An Informal Acceptance

The final general approach brought here is the one that has been most discussed in previous sources. In particular, Rabbi Dr. Daniel Sperber’s article on the topic mainly addresses this approach, and the classic commentaries on Shulchan Aruch who take note of this custom (in this case, Be’ur Hagra to Shulchan Aruch Orach Chaim 550:4 and, following in Gra’s footsteps, Aruch Hashulchan (Orach Chaim 550:4) also follow this approach.⁶⁹ However, as we will see, there is much material on this topic that has not yet been addressed, and therefore, it would be best to present the following spectrum of views within this approach, ranging from a wholly unofficial and non-halachic acceptance of the fast, to an extremely formal and legally valid acceptance of the fast.

On the less-formal side of things, Be’ur Hagra suggests that as per Talmud Bavli Rosh Hashanah 18a, the status of the fasts listed in Zechariah (likely excluding Tish’a B’av) depends on the situation of the Jewish people at that time. As the Talmud states there:

.אין גזרת המלכות ואין שלום רצו מתענין רצו אין מתענין

At a time where there is no decree of the kingdom and no peace, if they wish to fast, they should fast, and if they don’t wish to fast, they should not.”⁷⁰

Based on one opinion⁷¹ that nowadays (assuming there is no persecution), or at the very least, several hundred years ago, when this custom first appeared, the status of these three⁷² fast days was still in the hands of the people, an announcement on the Shabbat beforehand was a form of “accepting” the fast as a community by declaring that the community wishes to fast. According to this approach, those who disagree with the institution of this custom believe that these fasts have already been formalized, and they are no longer dependent on community will at all.⁷³

This approach does well in explaining the exclusion of Yom Kippur and the 9^th of Av, since they have a status of being completely established,⁷⁴ and do not require the will of the community to take effect. However, the exclusion of Ta’anit Esther is somewhat perplexing. Although it is certainly not included in the list of fasts that depend on community will, it doesn’t seem to be particularly established, especially when we contrast other halachot of the day. This led Gra to suggest that Shulchan Aruch was of the opinion that Ta’anit Esther is considered to be established in our day, that just as the Jewish people fasted as a community on the 13^th of Adar, we too continue to fast each year. This is in line with Esther 9:31, as applied in Rambam Hilchot Ta’aniyot 5:5.⁷⁵ On the other hand, based on Rema (Orach Chaim 684:2), Sperber suggested that Ta’anit Esther was simply a weak custom, and not obligatory to fast on at all,⁷⁶ which is why it was excluded from this list.

This approach, while initially appealing, has several issues. Firstly, it is impossible to suggest this as a plausible understanding of Sefer Abudarham, the source of Shulchan Aruch, since he brings the view of Ramban that the fasts are considered absolutely obligatory and not subject to communal approval, without bringing a dissenting view. Thus, to suggest that those who support announcing the fast must disagree with Ramban would be a clear contradiction. Furthermore, a number of commentaries⁷⁷ (possibly including Gra himself) understand that Shulchan Aruch also follows Ramban’s view, in which case Shulchan Aruch would also be subject to this contradiction.⁷⁸

Addition issues are the lack of a clear parallel to the Rosh Chodesh announcement⁷⁹, as well as language that doesn’t seem to indicate any sort of acceptance⁸⁰.

Approach #3b: A formal acceptance

Many descriptions of this custom are very consistent in presenting it as a form of acceptance. Sefer Mitzvot Zemaniyot makes extensive reference to the possibility of this addition being an acceptance of the fast, and earlier in his Hilchot Ta’anit, he mentions that only the 9^th of Av has status as a public fast day, unlike the other fasts. Sefer Menorat Hamaor, earlier in his Hilchot Hata’aniyot is also explicit that each individual must accept these fasts for them to be considered binding. One could certainly argue that the purpose of the announcement is to remind people to accept the fast individually, but it seems more likely that these sources viewed the mention on the Shabbat prior to be some sort of acceptance. It is also worth mentioning that this may be a more formal and individualized type of acceptance than what Gra and Sperber were referring to.

(It is also interesting to note the placement of this halacha in the various works which refer to it. In general, although it is not absolute, it seems that those authorities who place it in the Shabbat section⁸¹ tend to view it more as a prayer or announcement than an acceptance, whereas others who place it in the laws of fast days⁸² may view it as more of a formal acceptance.)

The question which must be posed for the adherents to this approach is by what mechanism mentioning a fast on the Shabbat prior is considered acceptance of a fast. For Mitzvot Zemaniyot (and possibly Menorat Hama’or), who view those fasts as optional, one would expect a halachically-binding acceptance.

Firstly, regarding the time gap that may occur between Shabbat and the actual fast day, it is possible that the acceptance is binding even a number of days prior to the fast. Interestingly, this halacha is derived by Ra’avyah (Ta’aniyot 857; also cited in Mordechai Ta’anit Remez 624 and Or Zaru’a Volume II, Hilchot Ta’anit 404) from the Mi Sheberach blessing of those who accept the fasts of Bahab (Monday-Thursday-Monday) around the time that the Torah is returned to the Aron on Shabbat morning on the Shabbat preceding those fats. Ra’avyah notes that if an individual answers Amen to this blessing and intends to fast on those days, they do not need an additional acceptance of the fast. Ra’avyah contends that despite the disagreement found in the Talmud (Ta’anit 12a) between Rav and Shemuel as to whether the fast must be accepted during the Mincha prayer, or simply at Mincha time, they would both agree that an agreement on the Shabbat before would be binding.⁸³ While to lay out the specific details of accepting fasts according to all authorities is far beyond the scope of this article, it is still our custom to accept the Bahab fasts by answering to the Mi Sheberach on the Shabbat preceding, which means that practically speaking, we follow Mordechai. Nevertheless, Shulchan Aruch Orach Chaim 563:1 (based on Tur Orach Chaim 563 and Rosh Ta’anit 1:13) clearly implies that accepting a fast prior to Mincha-time on the day before the fast is insignificant, and that one would not need to fast if they accepted the fast earlier.⁸⁴

Secondly, as to whether an announcement may serve as a formal acceptance of the fast, Shulchan Aruch (Orach Chaim 562:12) writes:

תענית שגוזרים על הצבור אין כל יחיד צריך לקבלו בתפלת המנחה, אלא שליח צבור מכריז התענית והרי הוא מקובל. ויש אומרים דהני מילי בארץ ישראל שהיה להם נשיא, לפי שגזרתו קיימת על כל ישראל, אבל בחוצה לארץ צריכים כל הצבור לקבל על עצמם כיחידים, שכל אחד מקבל על עצמו

A fast that they decree on the public, each individual does not need to accept it during the Mincha prayer, rather, the Shaliach Tzibbur announces the fast⁸⁵, and it is accepted. And some say, that this was stated [only about] the land of Israel where they have a Nasi, since his decree is binding upon all of Israel, but in the diaspora, the entire community needs to accept the fast upon themselves as individuals, in that each [person] accepts it upon themselves.

It appears that this pronouncement of the community establishes the fast as a communal fast, which does not require any acceptance from anyone – they all must fast regardless.

If we follow the earlier view that the fasts of the 10^th of Tevet, 17^th of Tammuz and Tzom Gedaliah are still dependent on communal will, such an announcement might be required in order to formalize the fast. Such a view is ascribed by Sperber to Tur.⁸⁶ However, one could argue that the purpose of the announcement here is to create a fast which would otherwise not exist, but for these established fasts, there is no such need. This position is explicitly taken by a number of authorities.⁸⁷ Furthermore, even if there is a need to announce these fasts as a form of acceptance, as noted above, according to the second view in Shulchan Aruch, it is ineffective, so this seems to be a weak basis for announcing the fast. However, it is possible that it may be effective at continuing the custom of generations past to fast on this date,⁸⁸ and despite the above challenges, Menorat Hama’or, noting that the general public was not knowledgeable and many did not formally accept the fasts as individuals, appears to suggest that this serves as a form of acceptance.⁸⁹

However, both of these concerns (the acceptance of a fast not being effective prior to Mincha-time of the day before, and the potential inability of a non-Nasi Shaliach Tzibbur to affect a fast) can be addressed. Firstly, it is possible that this was not simply something announced by one individual, but that this section of the prayer service was actually recited by every individual (similar to what we find with the Rosh Chodesh announcement).⁹⁰

Alternatively, one could posit that the Amen recited at the end of the passage acts as a verbal acceptance, just as it does in the case of the Mi Sheberach for those who commit to fast on the aforementioned Bahab days.⁹¹

As to the second concern, that the acceptance was made too early, it is possible that this custom of announcing the fasts was at one point practiced only in the afternoon prior to the fast. Sefer Mitzvot Zemaniyot brings up the fast in the context of the fast days which fall on Shabbat and are delayed to Sunday, and writes “therefore”, leading into his description of the custom to recite this extra passage on Shabbat. It is possible that this point in the prayer service was close enough to the time of Mincha to be considered an acceptance of the fast even by those who would require it to be accepted at Mincha-time. However, this is admittedly a very creative and innovative read of Mitzvot Zemaniyot, and various considerations make it highly unlikely that this was the author’s intent.⁹²

The same cannot be said for Machzor Vitry. Firstly, of the four manuscript copies of this passage of Machzor Vitry, Rabbi Aryeh Goldschmidt notes that one version reads “וכשחל תענית כתוב למחר”, when a fast falls the next day.⁹³ Additionally, he notes that three of the four manuscripts do not mention the day on which the fast falls, from which he concludes (Shinuyei Nuscha’ot note 15 and footnote 2) that the custom was not to announce the day on which it would fall, and that this indicates that the passage served more as a prayer than anything else. However, his analysis was based on looking at the sum of the manuscripts, rather than following each manuscript tradition individually. MS ex-Sassoon 535, which (as noted above) limited the prayer to when the fast fell on a Sunday, could not possibly include a day on which the fast falls, since the prayer is only recited the day before the fast! This leaves three manuscripts, two of which omitted the day. These two manuscripts⁹⁴ read “וכשחל תענית כתוב לאחר השבת”, “when a fast falls after Shabbat”. This phrase, used in various places in Machzor Vitry⁹⁵ refers to Sunday, which would explain why no weekday is provided in that version of the supplication text.

If so, three manuscripts of what appears to be the earliest record of this custom testify that this passage was added only on the day prior to a fast day.⁹⁶ Thus, historically speaking, this addition may indeed have served as a form of accepting a fast for individuals or the community.⁹⁷ This would also explain the emphasis on the verse in Zechariah, which serves as a reminder that these fasts are not as established as one might think, in that they are dependent on the will of the community, as above.

In conclusion, while many later authorities suggest that this announcement served as a form of accepting the impending fast, there is little explicit support for this notion among early records of the custom. Only Menorat Hamaor and possibly Mitzvot Zemaniyot seem to conceptualize the added passage in this way, but it may be a major factor in the origin of this custom.

Conclusion

This custom to add a short passage announcing an upcoming fast to the Shabbat morning services is multi-faceted. While many authors have tried to provide a clear conceptual framework for this custom, based in one of the three approaches outlined above, in truth, there is no clear approach to explain every detail of this custom. Rather, as we analyze the text, placement and framing of the custom over many hundreds of years across different locales, we find that it incorporates elements of each of these three understandings. Such is the richness of this custom, that we find a way to provide practical reminders to the community, properly accept these fasts upon ourselves, and simultaneously pray for G-d’s salvation, may it come speedily in our days!

[1] Note: Although this article presents three major conceptual framings of this custom, the custom itself will be often described as an “announcement” or “prayer” throughout the article, even when those approaches to the custom are not being discussed.
[2] While the mnemonic AKaF is the product of Rabbi David Abudarham, who served as Shulchan Aruch’s source for this law (see below), Rabbi Karo appears to have expanded it on his own, as when he cites Abudarham in Beit Yosef, only the mnemonic AKaF appears, not the verse. (It is possible that other versions of Abudarham included this expansion as well – in the damaged St. Petersburg Russia Ms. C 98, folio 122, there is a larger gap than would be expected at that point in the text. His selection of this verse as an expansion of this mnemonic is interesting, since one could have also chosen Michah 6:6, “אכף לאלהי מרום”. Perhaps the reference to a verse about hunger is appropriate for a fast day, or, that the compulsion of one’s mouth refers to the acceptance of the fast by pronouncing it in advance. For a kabbalistic interpretation of this hint, see text box following note 44 in Halachot Uminhagim – Hilchot Ta’aniyot (Kovetz Halacha Umesorah – Teiman).
[3] See Rabbi Dr. Daniel Sperber, Minhagei Yisrael 4 (p.p.248-9) in regards to whether this comment was actually written by Rema, or whether printers added this in accordance with Rema’s view in Darkei Moshe (Orach Chaim 550:1) that the custom of the Ashkenazim is not to announce any of these fasts on the preceding Shabbat. Early printings of Shulchan Aruch with the comments of Rema (such as the early 1600s Krakow edition) contain this comment but lack an introductory “הגה:”.

It should also be noted that the Knesset Hagedolah, whom Sperber noted brought this comment from the Sefer Hamapah (possibly as opposed to Darkei Moshe) seems to not have had a copy of Darkei Moshe on Orach Chaim, as both times he cites something from it in his works, it is a secondary citation.
[4]Seder Tefillot Hata’aniyot; p. 254 in Abudarham Hashalem, (Yerushalaim/Usha Edition). This text will be presented in full later in this article.
[5] Tosfot Yom Tov (Ta’anit 2:9) raises the possibility that this was the custom in Mishnaic times as well, but this seems to be without a firm basis.
[6] All of this is part of Halacha 1 in the Higger/Debei Rabbanan Edition of Masechet Soferim (Volume II, p. 354).
[7] See Tur, Beit Yosef, and other commentaries to Orach Chaim 429 and 492 for discussion of this custom, and interpretation of this passage of Masechet Soferim; some understood this to be referring to fasts following the conclusion of Nissan.
[8] Halacha 1, lines 12-13 in Higger’s edition, Halacha 4 in standard printings.
[9] See e.g. Be’urei Soferim (Wasserstein) to Masechet Soferim 20:4, citing Nachalat Ariel to Masechet Soferim 20:4.
[10] See e.g. Shach Yoreh Deah 22:31
[11] See e.g., the comments of Chok Ya’akov, Magen Avraham, and Mishnah Berurah to Shulchan Aruch there.
[12] It would be appropriate to note that similar phraseology appears in multiple places in Tanach, such as Melachim I 21:9, Yonah 3:5 and various other places. See Sperber, Minhagei Yisrael 1:24, footnote 5 for some sources that address this.
[13] Be’urei Soferim (Wasserstein) to Masechet Soferim 20:4 (citing Nachalat Ariel, as above) does offer an alternative explanation as well, and the Kerem Re’em Edition of Masechet Soferim (Chapter 21, note 28) concludes similarly.
[14] See e.g. Seder Rav Amram Hashalem (Frumkin), Volume 2, p. 78. As we will discuss, any printing which used the Oxford Bodleian Library manuscript of the work includes this passage.
[15] Two notes on translating this passage, which apply to the remaining translations as well: 1. Although the citations of Zechariah 8:19 found in the different sources are not identical, the same JPS translation was used throughout. 2. Whether to close the quotes before or after the citation of the verse from Zechariah was not certain; some versions of the prayer include the verse, but others do not.
[16] For example, elsewhere, the author identifies customs by locale, rather than write “all places”.
[17] See Seder Rav Amram Gaon (Goldschmidt/Mossad Harav Kook Edition), p. 12, which details the history of this manuscript.
[18] Seder Rav Amram Gaon, Mossad Harav Kook Edition, p. 96, section 57*.
[19] See e.g., the Encyclopedia Judaica entry for Mahzor Vitry and The Jewish Encyclopedia entry Simha Ben Samuel of Vitry.
[20] See e.g. The Jewish Encyclopedia entry for Jacob ben Judah Hazzan of London.
[21] This term, as opposed to Ta’anit (found in other descriptions of the custom) may indicate that it refers to the four fasts in Zechariah, which are referred to in that fashion; compare the language of Orchot Chaim and Kol Bo. For further discussion of the differences between these two terms, see The Academy of the Hebrew Language, Tzom Veta’anit (published August 4, 2014).
[22] There is a significant amount of literature devoted to the relationship between (and history of) Kol Bo and Orchot Chaim, a work authored by Rabbi Aharon Ben Yaakov Hakohen, and virtually every edition of either work addresses this issue to some degree. Rabbi Mordechai Menachem Honig (“On the new Edition of Sefer Hamaskil of Rabbi Moshe ben Rabbi Elazar Hakohen” (Hebrew), published in Yerushateinu Volume I (5767), p. 237 and footnotes 144-145) writes, based on various sources, that Kol Bo was authored in Provence in the late 13^th Century, and served as an early version of Orchot Chaim, which was published in Majorca at a much later point in the author’s life.
[23] Shu”t Olat Yitzchak (Ratzabi) Orach Chaim 167 (p. 372) suggests that the words יש אומרים (and presumably the prefix of the next word) were omitted by a scribe; although this lacks manuscript support (e.g. Russian State Library, Guenzburg Collection, MS 72), it should not be discounted. This suggestion is motivated by the open contradiction in Kol Bo’s words, where he first writes that one announces the fast on all four days, then immediately writes that Tish’a B’av and Tzom Gedaliah are not announced. An alternative reading of Kol Bo will be presented later in the article.
[24] Based on the contradiction noted in the previous footnote, Rabbi David Avraham (Kol Bo Feldheim Edition, Volume 2, Column 218, footnote 59) suggests that this is a scribal error and should read “Tzom Kippur”. This is completely incorrect, as in addition to a lack of manuscript evidence, comparison to Orchot Chaim demonstrates that this is not the case, and even if one were to change this word, the contradiction in regards to the 9^th of Av would still remain.
[25] See footnote 22 above, as well as the Encyclopedia Judaica and The Jewish Encyclopedia entries for Aron Ben Jacob haKohen (spellings vary slightly). It should be noted that the author of Orchot Chaim was expelled from France (likely Narbonne) in 1306 and moved to Majorca. Although it is not clear exactly when this work was written, it is likely, however, that this work represents the French custom at the time, and not necessarily the Spanish custom.
[26] The previous section in Orchot Chaim contains a prayer recited on the Shabbat prior to Rosh Chodesh Av, which is intended to be recited here as well.
[27] According to this latter view that the announcement is only made on the Shabbat preceding the 17^th of Tammuz and the 10^th of Tevet, Or Torah (Elul 5777, p. 1204) provides the mnemonic יאמר ד”י לצרותינו (a play on words from Bereishit Rabbah 92:1), which references the fast of the 4^th (Daled) and 10^th (Yud) months.
28 See Dr. Nahem Ilan, “He who has This Book Will Need no Other Book”: A Study of Mitzvot Zemaniyot by Rabbi Israel Israeli of Toledo (published in various languages in various journals).
[29] The only printed version of Mitzvot Zemaniyot (published from manuscript by Rabbi Moshe Blau in 1985) contains this word, but it is clear that it is an error. Indeed, in the manuscript that Blau used, Oxford Bodleian Library Or. 603, one can observe folio 39v and see that this word does not appear. )The same is true of National Library of France Heb. 831 manuscript, folio 386v and Oxford Bodleian Library Reg. 63 manuscript, folio 141r, although in the latter, neither occurrence of לנו appears.) The full list of manuscripts of this work is available in Dr. Ilan’s article, and many of them are available online.
[30] See Dr. Nahem Ilan, “He who has This Book Will Need no Other Book”: A Study of Mitzvot Zemaniyot by Rabbi Israel Israeli of Toledo (published in various languages in various journals), especially footnotes 80 and 81; it is quite apparent that Mitzvot Zemaniyot was used as the basis for their formulations of this custom.
[31] See Encyclopedia Judaica and Jewish Encyclopedia entries for David Ben Joseph Abudarham.
[32] Note that Shulchan Aruch appears to have completed the verse in the mnemonic (see footnote 2), as it does not appear in printings of Abudarham. It is also unclear if this mnemonic was created by Abudarham, or may have been known in communities that followed this practice. Some considerations include the usage of the term Purim as referring to Ta’anit Esther (see Sperber’s comments on this in a footnote to Minhagei Yisrael 1:24), the lack of testimony to it in other contemporary sources, and Abudarham’s general tendency towards such hints.

It is also fascinating to note that Avraham Almaliach (Meichayei Hayehudim Betripolitania, in Mizrach Uma’arav, Volume III, p. 124) writes that the custom of Libyan Jews was to refer to Tzom Gedaliah as Achi Kippur, the brother of [Yom] Kippur, since they always fall on the same day of the week, and therefore, they have a special relationship. Or Torah (Elul 5777, p. 1204) suggests that this hint, AKaF, also includes Tzom Gedaliah, interpreting the mnemonic as Achi KiPPur.
[33] See Encyclopedia Judaica and Jewish Encyclopedia entries for Israel Ben Joseph Al-Nakawa (or Alnaqua).
[34] In addition to Rema’s comments in Darkei Moshe (Orach Chaim 550:1), Levush (Orach Chaim 550:4) writes explicitly that these fasts are not announced, and the vast majority of Ashkenazic commentators/codifiers, as well as books of customs from Ashkenazic communities, make no mention of such a custom altogether.
[35] See e.g., Moshe Gavra, Mechkarim Besidurei Teiman – Shabbat Uvirchot Hanehenin, p. 216 and Shu”t Olat Yitzchak (Ratzabi), Orach Chaim 167 (p. 371).
[36] Evidence and discussion of this practice will be brought later in this article.
[37] Early versions of the Italian liturgy contain no such custom, and modern-day siddurim do. Further research is required to track exactly when these changes occurred for many of the communities influenced by Sephardim, including Italian communities.
[38] A more basic version of these questions appears in Sperber’s treatment of this topic (vis-à-vis the disagreement between Shulchan Aruch and Rema), found in Hebrew in Minhagei Yisrael Volume 1, Chapter 24 and in English in Why Jews Do what They Do: The History of Jewish Customs Throughout the Cycle of the Jewish Year, Chapter 11.
[39] These do not include kabbalistic approaches; for more on the kabbalah that relates to this, See Rabbi Chaim Ben Avraham Hakohen, Tur Bareket to Orach Chaim 550:4 (1654 Amsterdam Printing, p. 244) and text box following note 44 in Halachot Uminhagim – Hilchot Ta’aniyot (Kovetz Halacha Umesorah – Teiman).
[40] Note that such announcements (not on Shabbat) are very ancient in nature; see footnote 12 for further documentation of this practice.
[41] See e.g. Shibbolei Haleket Section 170 (a 13^th Century German/Roman Rabbi), who writes in the name of his brother that some don’t always come to synagogue on weekdays.
[42] Specifically, in communities where individuals may have formally accepted the fasts at Mincha (or Mincha-time) on the day before, this would make sure that the entire community was aware in advance. The notion of accepting the fast will be discussed at great length in Approach #3.
[43] Likely, by extension, Shulchan Aruch takes this approach as well; even though the language of Sefer Abudarham is not copied in Shulchan Aruch itself, it is copied in Beit Yosef Orach Chaim 550.
[44] The addition of these three opening words, which don’t appear in many of the early versions of this custom, indicate that this was viewed as an announcement. Almost identical language is found in Talmud Bavli Ketubot 28b, also in the context of alerting the community.
[45] In his critical edition of Machzor Vitry (Tefillot Shabbat, Section 16, footnote 2, p. 287), Rabbi Aryeh Goldschmidt suggests that if the focus of the announcement of the upcoming Rosh Chodesh, in accordance with various Rishonim, is to alert the community to the upcoming day of Rosh Chodesh so that they may properly follow the associated halachot, it is logical to assume that this announcement fills a similar need. If, however, the purpose of the announcement of Rosh Chodesh is some form of Kiddush Hachodesh (as suggested by Rokeach, Section 53), this pre-fast announcement should simply be a prayer. (Interestingly, in the Nissan 5775 (Volume 70) Or Yisrael Journal, p. 240, footnote 10, Rabbi Meir Rose supports the notion that the Rosh Chodesh prayer is an announcement from this following section about fasts.)

While the main comparison to the announcement of Rosh Chodesh is certainly valid, there are two clear issues with his argument:

1. a) Since Machzor Vitry itself follows the former view (that the Rosh Chodesh announcement is intended to alert the public to the upcoming Rosh Chodesh, so that they can properly follow the laws of the day), one would expect that the same purpose is served by the announcement of the upcoming fast. However, Rabbi Goldschmidt concludes (based on some manuscript evidence) that this section functions only as a general prayer and follows some manuscripts which remove the day of the fast from this prayer! These manuscript issues will be discussed later in the essay, but there are various possible explanations for the omission of the day of the fast in those manuscript without creating somewhat of an internal contradiction.
2. b) In terms of Rabbi Goldschmidt’s second comparison (to a watered-down version of Kiddush Hachodesh, which establishes the date as Rosh Chodesh), it would be more natural to view this announcement as a form of accepting the fast (which establishes the date as a fast day) rather than viewing it as a general prayer, which seems to be less related.

[46] As noted above, many Ashkenazic commentaries seem to ignore this ruling altogether, so this custom is addressed primarily by Sephardic commentaries.
[47] Although one could counter that the first opinion brought in Orchot Chaim (to recite this prayer in advance of all four fasts) clearly disagrees with this reason.

Fascinatingly, the custom to avoid announcing the fast of Tzom Gedaliah was addressed at length by Rabbi Menachem Ben Yosef Chazan in Seder Troyes, a 13^th Century work addressing customs of Troyes. The printed version (Section 9; Weiss Edition p. 25) reads:

ומן הזכרת צום גדליה מצאתי בשם הר”ר יהודה ז”ל וז”ל היה קשה לי מפני מה אין מזכירין צום גדליה שהוא בחדש השביעי כמו שמזכירים צום הרביעי וצום החמישי וצום העשירי, לסוף נ”ל מפני יום כפור שאינן מניחים להזכיר צום גדליה, ועוד ט”א טוב שלא יטעו העם כשישמעו צום הרביעי ויסברו זיהו צום כפור ונפיק חורב’ מיניה, מ”ר יהודה עכ”ל. ואמנם מורי אבי היה מזכירו גם מנהג ק”ק טרוייש להזכירו גם בשבת, אך שאין מזכירים חדש תשרי כשאר החדשים

In regards to mentioning Tzom Gedaliah, I found in the name of Rabbi Yehudah z”l, and these are his words: “It was troubling to me, for what reason don’t we mention Tzom Gedaliah, which is in the seventh month, just as we mention the fast of the fourth, the fast of the fifth, and the fast of the tenth? It later seemed to me because of Yom Kippur that they do not allow to mention Tzom Gedaliah, and another reason it is good that the nation should not err when they hear the fast of the fourth and think that it is the fast of Kippur, and destruction will emerge from it. Rabbi Yehudah.” However, my father would mention it, and the custom of the holy congregation of Troyes was to mention it also on Shabbat, even though they don’t mention the month of Tishrei like other months.

These words are particularly hard to understand, no doubt due to a very corrupt text. If we restore this text from available manuscripts (Cod. Parm. 1902 and JTS Rab. 1489; unfortunately, this entire chapter is missing from the copy of Seder Troyes in the Austrian National Library Cod. hebr. 175 manuscript, and the German Senckenberg Ms. Oct. 227 has been catalogued incorrectly; it contains a different Seder Troyes (usually spelled differently in Hebrew), often printed at the back of standard copies of Sefer Haminhagim – Tyrnau), we find three very significant changes to the text:

1. מפני יום כפור שאינו נזכר מניחים להזכיר צום גדליה. Presumably, since Yom Kippur is not mentioned, it seems inappropriate to give so much honour and exposure to a minor fast that is so close in proximity.
2. שלא יטעו העם כשישמעו צום השביעי ויסברו זיהו צום כפור. If people misunderstand the “fast of the seventh” to refer to Yom Kippur, there are various issues that may arise, including not fasting properly on Yom Kippur itself. This is an obvious emendation and should have been changed even without other manuscript evidence.
3. גם מנהג ק”ק טרוייש להזכירו גם כשחל ר“ה בשבת. This text may indicate that they regularly announced Tzom Gedaliah on Rosh Hashanah, even when Rosh Hashanah coincided with the Shabbat prior, or the reverse.

Both this source and general topic requires much further study and analysis and could certainly serve as the basis of another full article of its own. Some additional sources to see are Rabbi Yair Rosenfeld, Hama’ayan 56:1, #215 (Tishrei 5776), p. 17 and footnote 12, Halachot Uminhagim – Hilchot Ta’aniyot (Kovetz Halacha Umesorah – Teiman), note 44 and Shu”t Olat Yitzchak (Ratzabi), Orach Chaim 167.

[48] Mark Mietkiewicz pointed out that in some communities, there might already be changes to the liturgy on these Shabbatot that would remind any attendees of the impending fast, even without explicitly noting the date of the fast, although one would expect that the same applies to Tzom Gedaliah as well, since it follows Rosh Hashanah.
[49] Indeed, Kaf Hachaim (Orach Chaim 550:27) rules in accordance with the view that this is not recited, and a quick survey of modern-day siddurim shows that this is the accepted view.
[50] And as brought by Sperber in Minhagei Yisrael 1:24 footnote 3, as evidence that not all “classic” Sephardic communities followed this rationale. One can add that Ateret Avot (Machon Moreshet Avot Edition, Volume II, Chapter 26 footnote 1 p. 378) writes that some communities in Jerusalem, Tunis and Djerba did not have the custom to announce fasts either.
[51] He even instituted that there should be further announcement on Shabbat, not just the prayer recited in the synagogue.
[52] This does seem superfluous in a world where synagogue calendars, which generally include this information, are so well disseminated, both in print and online forms, and it is possible that now, Rabbi Eliyahu would be more lenient in this regard than he was approximately 20 years ago.
[53] Although it is more likely that Orchot Chaim did not print the full prayer to save space, since an identical prayer was mentioned in the previous section to be recited on the Shabbat prior to Rosh Chodesh Av.
[54] Sefer Eitz Chaim, the selection from Seder Rav Amram Gaon, as well as the 12^th Century Provencal work, Malmad Hatalmidim (Parshat Devarim), which explores why this verse was chosen to be recited in this passage.
[55] In the versions found in Eitz Chaim and Machzor Vitry, the words ונאמר אמן, which appear to conclude the prayer, appear before the citation of the verse. However, one could argue that this was recited after the answering of amen, and the evidence from Malmad Hatalmidim (above) appears to favour this interpretation.

If one looks to modern versions of this passage, there are various customs and siddurim that include the verse as part of the prayer (e.g. Siddur Sha’ar Binyamin – Damascus, p. 402), and many others that do not (e.g. Tichlal Hamevu’ar – Baldi (Korach Edition, p. 302)). Also note the Provencal custom to recite it, as recorded in the 1762 Amsterdam printing of Seder Le’arba Tzomot Ule’arba Parshiyot according to the Provencal custom.
[56] Sperber (Minhagei Yisrael 1:24 footnote 6) assumes that this refers to any Biblical fast (which would include Yom Kippur), and this seems to be the understanding of Rabbi Dr. Alter Hilewitz in his Chikrei Zemanim, p. 375 (Ta’anit Esther). In 1954, Sefer Keter Shem Tov (by Rabbi Shem Tov Gaugin) Volume IV p. 49 suggested that this refers to any fasts listed in the verse in Zechariah, and this is also the position taken by Rabbi Goldschmidt in his commentary to Machzor Vitry (p.p. 287-8, footnote 5).
[57] In line with the latter view above.
[58] As noted in footnotes 21, 47 and 55, similar emphasis is found in Eitz Chaim, Seder Troyes and Malmad Hatalmidim.
[59]  While Rabbi Goldschmidt puts tremendous emphasis on this point, even choosing to follow the versions that do not list the weekday, we will provide an alternate reading later in the article that significantly weakens the argument from this detail.
[60]  See further footnotes 23 and 24 for suggested emendations that attempt to resolve this contradiction, which may render the following suggestion unnecessary.
[61] As outlined in footnote 22, these works are strongly related.
[62] These two elements could be roughly equivalent to the two major components of Birkat Hachodesh, one of which is to announce the day on which Rosh Chodesh actually falls, and the prayer which follows.
[63] A similar argument was made in the Sinai periodical (Tishrei-Adar 5729, 64) by Rabbi Dr. Alter Hilewitz on p. 27 of his article on Ta’anit Esther. See also his article in Chikrei Zemanim referred to in footnote 56.
[64] See the views mentioned in Rabbi Goldschmidt’s footnote 2 on p. 287 of his edition of Machzor Vitry, referred to in footnote 45.
[65] See various details relating to fasting and crying or otherwise relating to troubles on Shabbat in Tur and Shulchan Aruch (and their various commentaries) to Orach Chaim 288 and note Mishnah Berurah Orach Chaim 307:3.
[66] Rabbi Amram Aburbia, in his Netivei Am (Orach Chaim 55:2 p.p.323-324 in the 5766 edition) appears to be the first to invoke this reason, although Professor Zvi Zohar (in his article on Rabbi Aburbia, published in Harav Uziel Uvnei Zmano, p. 148) understands this not to be the rationale of Rema in his disagreement with Shulchan Aruch, but rather, an external reason which happens to support Rema. This is quoted by name in a few Sephardic works, and interestingly, appears word for word in Nitei Gavriel Hilchot Chanukah (Chapter 60, footnote 2) in the name of “Poskim”. Rabbi Yitzchak Abadi (Shu”t Or Yitzchak 1:216) also mentions this possibility.
[67] See mentions of this custom in Mordechai (Hagahot Tish’a B’av, found in Hagahot Mordechai to Moed Katan Section 934, citing Tosfot), Orchot Chaim (Seder Tefillat Shabbat – Shacharit, note 7) and Kol Bo, Chapter 37. See also Sefer Yisrael Vehazemanim (Rabbi Mordechai Hakohen, Volume II, p. 225), who writes that the custom to avoid blessing Rosh Chodesh Av is related to (if not influenced by) the hesitation to announce upcoming fasts on Shabbat.

One could argue that there is a connection between these two practices, although a less direct one. Although Mordechai (cited above) brings the custom to not announce Rosh Chodesh Av on the Shabbat prior, he also brings a number of objections to this practice, and concludes that one should announce even Rosh Chodesh Av. One objection brought is that one should specifically pray for blessing in this month, since it is “מוכן לפועניות”, or, in other words, a time of bad luck. One could make a similar argument regarding announcing the fasts, which might have been instituted specifically to pray for a reversal. Those who opposed this custom might not have felt it to be that important to pray for the upcoming month (or that mentioning these fasts would be in some way inappropriate).
[68] The various footnotes on this section list some of those who do raise this possibility.
[69] Quite shockingly, despite significant overlap between his own presentation and the presentation of Gra (and Aruch Hashulchan), Sperber does not mention their views at all throughout his article, which is especially strange since he focused on the disagreement between Shulchan Aruch and Rema, and quotes lesser-studied commentaries, such as Kaf Hachaim. This was later pointed out to him by two colleagues, Professor David Henshke and Rabbi Chaim Cohen (of Ramat Modi’in), and he noted this omission in Minhagei Yisrael 4, p.p.249-50.
[70] The details and exact parameters of this statement (e.g. which body decides whether or not they wish to fast – individuals, communities, or the entire Jewish people?) are discussed by various Rishonim and Acharonim, and are far beyond the scope of this article. Some details are discussed by Sperber in his presentation of this view, and interested parties are referred there.
[71]  See Sperber’s article (Minhagei Yisrael 1:24), which includes Mar Rav Cohen Tzedek cited in Shibolei Haleket 278, Rabbeinu Chananel (Rosh Hashanah 18a), Rashba (Rosh Hashanah 18a), and other Geonim. Be’ur Hagra to Orach Chaim 550:1 seems to identify Tosfot (Megillah 5b, d.h. verachatz) as potentially agreeing with this group of authorities, or at the very least, taking a lighter stand than Ramban (cited in the coming notes).
[72 ]The fast of Gedaliah, the 10^th of Tevet, and the 17^th of Tammuz. The Talmud in Rosh Hashanah continues with a discussion of the differences between the 9^th of Av and the remaining three fast days. Various commentaries there address whether it is possible that the 9^th of Av may also have this status; while the majority assume that the 9^th of Av is not subject to the will of the public, there is a minority view which does understand that the 9^th of Av is equivalent to the other “minor” fasts – see Rashba Megillah 5b, as well as Tur Orach Chaim 550 with Bach; the view of Rashba is elaborated upon by Rabbi Asher Weiss in “Gidrei Hatzomot Bazman Hazeh” (5777).
[73] This view is generally identified with Ramban (Torat Ha’adam Sha’ar Ha’evel – Inyan Aveilut Yeshanah, Chavel edition p. 243), who is widely cited by modern-day authorities, and is identified by many as the source of Tur’s comments in Orach Chaim 550.

In that passage, Ramban offers two reasons for fasting, which appear to be distinct: a) the Jewish people have accepted this as a custom, and one must not veer from that custom, b) various communities are experiencing persecution, and therefore, these fasts return to their original status, that of Divrei Kabbalah as established by Nevi’im. However, Tur omits the detail of persecution, and it is not clear if he assumes that these fasts return to their original status just through our acceptance of them. This confusion is compounded by various authorities who mix these reasons without clarifying, and who compare other views to them. It is particularly hard to understand Sperber’s classifications in Minhagei Yisrael 1:24. A much clearer classification of views is provided by Professor David Henshke, who is quoted by Sperber in Minhagei Yisrael 4, p. 249.
[74] Yom Kippur certainly does not require acceptance, and as noted in footnote 72, the vast majority of authorities agree about the 9^th of Av as well. Note also Talmud Bavli Ta’anit 11b and 12b, that the only public fast day in Babylonia is the 9^th of Av.
[75] Birkat Eliyahu commentary on Be’ur Hagra, p. 212, footnote 2 notes that although Gra also states that Ra’avad wrote the same, the author was unaware of a source. It is possible that Gra is referring to the second answer of Ra’avad cited in Rosh Ta’anit 2:24, which is similar to the approach detailed above. Once again, there is a lot more to be said about the status of Ta’anit Esther, but this is not the forum for it. Various authors have written excellent articles on it, and some of them incorporate this comment from Gra.
[76] See Minhagei Yisrael 1:24, footnote 28 (spanning p.p.175-177), much of which is relevant to Gra’s view as well.
[77] Only Ba’er Hagolah, Nachalat Tzvi and Gra cite Ramban by name as the source for Shulchan Aruch, and Gra also cites a dissenting view. However, Machatzit Hashekel and Ma’amar Mordechai also make reference to Ramban’s view (all commentaries are found in Orach Chaim 550:1).

Truthfully, the association with Ramban likely depends on how one understands the two statements made by Ramban (see footnote 73), since Shulchan Aruch uses similar language to both Ramban and Tur but omits their key statement that the status returns to one of Divrei Kabbalah. Sperber argues therefore that Shulchan Aruch believes that these fasts are theoretically dependent on community will, but we simply have a strong custom which cannot be violated. See Magen Avraham Orach Chaim 550:1 as well.
[78] One could resolve this contradiction by suggesting that historically the custom was intended as a form of acceptance but was later adopted and adapted by these authorities (perhaps as an announcement), despite their disagreement with the original reason.
[79] Although one could reasonably argue that this view is parallel to the minority view that the Rosh Chodesh announcement is a form of Kiddush Hachodesh, which also creates the status/sanctity of that day and informs our behaviour on it, that view is almost universally rejected; see Rabbi Goldschmidt’s notes to Machzor Vitry (Tefillot Shabbat, Section 16, footnote 2, p. 287). See further footnotes 45 and 64.
[80 Compare this to the regular prayer used to accept fasts during the Mincha prior, which explicitly mentions acceptance.
[81]  Machzor Vitry, Eitz Chaim, Orchot Chaim and Kol Bo.
[82]  The addition to Seder Rav Amram, Mitzvot Zemaniyot, Abudarham and Menorat Hama’or.
[83] This is far from being universally accepted; see Tur and Beit Yosef to Orach Chaim 562 and 563 for extensive discussion of sources on this topic. In particular, the view of Rabbeinu Tam (cited there) that an actual verbal acceptance may not be necessary at all would seem to support the notion that an announcement in advance might qualify as a formal acceptance of a fast.
[84]  Note the very strong disagreement with this view from Taz, Orach Chaim 562:16 and 563:1. For further discussion, see Magen Avraham Orach Chaim 563:1, Peri Megadim (Mishbetzot Zahav) Orach Chaim 563:1, Sha’ar Hatziyun to Orach Chaim 562, note 37, and various other sources in these two sections of Orach Chaim.
[85]  Note: there is no indication that this happens on Shabbat.
[86] Tur writes “תענית שגוזרין על הציבור אין כל יחיד ויחיד צריך לקבלו תחלה אלא ש”ץ מכריז התענית והרי הוא מקובל וכל שכן תעניות הכתובים בפסוק”. Sperber assumes that the final clause, which references the fasts listed in Zechariah, is referring to Tur’s comment that the Shaliach Tzibbur announces it, and then it takes effect. It seems more likely that Tur is referring back to the fact that it needs not be accepted, and that an announcement is necessary only when a fast is being instituted anew, but that for an established fast, there is no need for an announcement. This fits well with the usage of “כל שכן” by Tur here. Additionally, Tur himself clearly follows the stringent opinion of Ramban that these fasts have returned to their original status of Divrei Kabbalah, and also does not bring the custom of announcing the fasts on Shabbat.
[87] Sperber notes Levush (Orach Chaim 562:12) and Elyah Rabbah (note 11)/Zutah (note 4), who are followed by a number of later commentaries.
[88] See Sperber’s conclusion. See also Aruch Hashulchan Orach Chaim 562:32.
[89] Albeit with some reluctance. Rabbi Blau, in his notes to Mitzvot Zemaniyot, footnote 6, understands that Mitzvot Zemaniyot follows suit, and traces this to Rosh Ta’anit 1:13 (citing Ra’avad) that an announcement certainly works to accept a fast, and it would not require a formal acceptance. This is significant, since Mitzvot Zemaniyot (and following it, Menorat Hama’or) appears to be influenced by the school of Rosh, and such an announcement may have been far more acceptable at that time and place than at later times. On the other hand, Rosh also does not allow for early acceptance of the fast, as noted above, so this approach is hard to understand.
[90] For example, the language of Kol Bo seems to indicate that each individual recited the formula, as the printed versions read “ואומרים” prior to the text recited. Having an individual acknowledge out loud that the fast will be taking place on a specific day is tantamount to verbal acceptance. However, other (earlier) printings and manuscripts only had the word ואומר or a shortened form from which no conclusions can be drawn.
[91] See Levush, Orach Chaim 562:9, Magen Avraham 563:1 and commentaries for further discussion of this.
[92] The full citation of Mitzvot Zemaniyot is:

ואמנם שאר הצומות כשנופל ביום שבת, ואפילו ט”ב, ידחה ליום ראשון שלאחריו. וצריך להזהר בהם ולהזכירם ש”ץ ביום השבת הקודם אחר ההפטרה קודם שיאמר אשרי

However, it is far from certain that this was his intention, since those who relied upon this passage (Abudarham and Menorat Hamaor) interpreted it as referring to any fast which falls within the same week. Furthermore, the wording used includes “יום פלוני”, which would be entirely unnecessary if it was only ever practiced when a fast fell on Sunday.
[93]  Manuscript Shin, MS ex-Sassoon 535, which is the oldest, and possibly most authentic version. Rabbi Goldschmidt writes (Shinuyei Nus’cha’ot there, note 14) that this requires further study.
[94] Manuscript Nun, JTS Library MS no. 8092 and Manuscript Mem, Russian State Library, Guenzburg Collection, MS 481.
[95]  Sections 222, 499, 500, and Hilchot Pesach, Sections 23, 106, 108, albeit without the lamed prefix.
[96]  The only manuscript which does not support this reading is the British Museum MS no. 655, which contains various additions (see Rabbi Goldschmidt’s introduction to Machzor Vitry, where he dedicates Chapters 7 and 8 to discuss this manuscript). We can only speculate as to whether this was accidentally or purposefully changed, and it may have been due to a different custom at that time, or a harmonization to the custom of mentioning Rosh Chodesh.
[97]  It is still unlikely that this was the intention of Machzor Vitry, for there would be no reason to include the 9^th of Av, for as part of the school of Rashi, the author would have understood that the 9^th of Av does not require any form of acceptance (see Rashi to Rosh Hashanah 18a and Megillah 5b; contrast to the view of Rashba, mentioned in footnote 72). One other plausible explanation would be that this announcement was made on the day before every fast, not necessarily on Shabbat only; compare the language of Seder Troyes cited in footnote 47.

Note as well that if the fasts were originally scheduled for Shabbat, but pushed to Sunday, that may also be a basis for accepting them early (meaning, on the day that they were originally scheduled to take place on), or general leniency. This factor is discussed in Aliba Dehilchesa 97 (Haminhag Veta’amo, p. 36), in regards to the possibility of requiring an announcement prior to when the fast of Tish’a B’av falls on Shabbat, and by Rabbi Yair Rosenfeld, Hama’ayan 56:1, #215 (Tishrei 5776), p. 17 and footnote 12 in regards to Tzom Gedaliah.