Reciting Haazinu with the Tisha B’Av Selichos

Question

For the past 20 years, I have been hosting a minyan on Tisha B’Av in my home. During the minyan, we recite 13 selected Kinnos, all connected to a central theme, which is explained at length before they are recited by the rov associated with the minyan.

This year’s theme is shirah—that just as we sing Hallel on the chag, so too, on Tisha B’Av, the Kinnos we recite are actually a form of shirah. The Kinnos place into perspective all of the tzaros that Klal Yisroel has experienced over the past 2,000 years, helping us understand that they are, in reality, all part of the bridge leading to the rebuilding of the Bais Hamikdosh and the geulah. This raises the following question:

I saw that the Bais Yosef (559:4) cites the Kol Bo, who writes that some have the minhag to recite the shirah of Haazinu on Tisha B’Av instead of the Shiras Hayom. However, the Darkei Moshe disagrees with the Bais Yosef and writes that the Ashkenazi minhag is to recite the Shiras Hayom.

The rov organizing our minyan feels that it would be appropriate to recite Haazinu this year and would therefore like to know whether the Darkei Moshe means that since we recite the Shiras Hayom, one should not recite Haazinu because it would constitute prohibited talmud Torah on Tisha B’Av, or if he simply means that Haazinu is unnecessary if one already recited the Shiras Hayom. If so, would there be any problem with reciting this parsha in the context of our minyan?

Thank you.

Rabbi Yitzchak Goldberg

Rav Sternbuch

There is absolutely no problem with reading Parshas Haazinu as part of your Selichos program.

The reason it is not considered prohibited talmud Torah is the same reason the Kol Bo rules that one may recite Haazinu on Tisha B’Av in place of Az Yoshir: it is an act of tefillah, not one of learning. Likewise, if you recite Parshas Haazinu b’toras kriah—as a reading rather than for the purpose of study—there is no issue with including it as part of your Kinnos on Tisha B’Av.

Rav Zafrani

I fully agree with the raavad, Rav Sternbuch. Although I have no zechus to open my mouth before the posek hador, I believe I can add one small point to what the raavad has ruled.

First of all, the minhag among Sefardim is to recite Haazinu on Tisha B’Av—not instead of the Shiras Hayom, but at night together with the Kinnos. I have discussed this practice at length, and, as far as I understand, it is an excellent idea for you to include Parshas Haazinu together with your Kinnos. The reason is as follows:

Tisha B’Av is also a moed, which is why Tachanun is not recited. I believe that the recitation of Haazinu on Tisha B’Av serves in place of the Hallel that we sing on the other Yomim Tovim. Therefore, it is appropriate that it be recited by everyone, both Sefardim and Ashkenazim, on Tisha B’Av.

However, as you point out, the Rama writes that Haazinu is not recited in place of the Shiras Hayom, and perhaps that would be a reason for Ashkenazim not to recite Haazinu on Tisha B’Av.

Even if one felt that he was of sufficient stature to argue with the raavad’s ruling, I believe that in your particular case, it is entirely permissible to recite Haazinu. The minhag described by the Rama applies to a regular Tisha B’Av minyan in a public shul, where all of the Kinnos are recited. I do not believe that the minhag the Rama describes applies to the special minyan that you organize in your home, where only 13 of the Kinnos are recited.

Since Haazinu is intrinsically connected to Tisha B’Av, and it reflects the very theme you are trying to convey to those attending your minyan, I do not believe that the Rama’s ruling applies to your particular situation. Accordingly, there is no problem whatsoever with reciting it.

May we be zoche soon for Moshiach to come and the Bais Hamikdosh rebuilt, so that Tisha B’Av will once again be celebrated as a Yom Tov.