Fasting for Pregnant and Nursing Women – a teshuvah by Rabbi Nahum Rabbinovitch by Rabbi Dov Linzer

Fasting for a Pregnant or Nursing Woman

Rabbi Nachum Eliezer Rabinowitz

The mishnah in Yoma 82a discusses a pregnant woman and a sick person on Yom Kippur, in which cases they are allowed to eat and concludes: “A pregnant woman who smells (food and has an overwhelming desire to eat from it) – may eat until she recovers.” Rashi explains: “If she does not eat, both [the mother and the child] are in danger.” It is clear, therefore, that without a smell of cooking and a desire for it, the pregnant woman must fast. Regarding Tishah b’Av it is said in Pesahim 54a: “Rava expounded:” A pregnant woman and a nursing woman must fast and complete the fast [on Tishah b’Av], the same as they fast and complete it on Yom Kippur.”

The Danger to the Pregnant or Nursing Woman

We will first examine the status of the pregnant and nursing woman in comparison to other sick people. Maharsham z “l (OH 590) has already ruled that the their law is the same as that of a sick person, and he cites many sources for this. See, for example, Rashi (Eiruvin 72b, sv. Tzzar Ubar): “Pregnant women are sick,” and also (Yoma 71a, s.v. Ika d’Amri):” Women who are pregnant are considered to be sick and eat zrid and arsan… for their health and for the health of the fetus.”

As for the breastfeeding woman, In Ketubot 62b in its discussion of a mishna, the Gemara comments: “Perhaps this is what it teaches us – that a normal nursing woman is sick.” There are those who explain that this is only an idea that was suggested as a possibility, but that it is not our halakhic conclusion of the matter, and so comments Maharsham z “l there. However, this conclusion is certainly not necessary, as is evident in Meiri (ibid., P. 275). It seems that Rambam explained that this suggestion (that nursing women are considered to be sick) is also the halakhic conclusion… We find that we have three Rishonim who interpret, that even in the conclusion of the Gemara, the rule is that nursing women are considered to be ill. Other interpretations – to the best of my knowledge – I have not found in the Rishonim. And the most important thing that Rambam establishes this as a matter of halakhah.

The Danger To the Child

1. The Fetus

The question is not just regarding the mother, but also regarding the status of the child. It is written in Hilkhot Gedolot (Laws of Yom Kippur, p. 319)… What emerges from their words is that if there is a risk that the fetus will be miscarried, and even at the beginning of pregnancy, we feed the mother[on Yom Kippur] because of the danger to the fetus.

… In recent years, doctors have discovered that from the fifth month onwards, there is a clear risk that fasting will cause uterine contractions – that is, that the child will be “dislodged” and she will miscarry, God forbid, or – in the best of circumstances – that there will be a preterm birth with all the risks that are involved in this. Compare with Bah (OH, no. 617, s.v. u’Mah shekhatav vi’khen): “A pregnant woman who smells (food on Yom Kippur and has a strong desire for it), even if her face has not changed, we feed her, for although she herself is not in danger now, since her face has not changed, nevertheless, the fetus is in danger, for if she doesn’t eat, the fetus will dislodge and die. And then she too will be at risk, for whoever miscarries can be presumed to be at risk. And so it seems from the words of Rosh and Ran… and it seems from Rambam that he embraces the position stated by Rosh, the Ran, and our teacher[Tur]. “

2. The Nursing Infant

Regarding a nursing woman, see Hatam Sofer (6:23) in the name of the responsa Dvar Shmuel (107), that if a nursing baby is put at risk by the absence of his mother’s milk, then even if the nursing mother is healthy, she should not fast on Yom Kippur if fasting will cause her to not have milk to nurse her child, because of the risk of danger to the life of the infant. Hatam Sofer himself comments: “And he did not bring proof to this ruling, for it is obvious.” Even Maharsham cites it as a matter of halakhah (OH, 617:1).

Nowadays, it is possible to feed a baby with a bottle, but despite this, in recent years doctors have discovered that the mother’s milk has special properties, in particular, antibodies that help fight off various diseases. Doctors therefore strongly recommend that the mother breastfeed even if the baby is healthy, and certainly when the child is weak. In the case of excessive weakness, when the infant is unable to nurse, the mother expresses milk and feeds the baby in special ways, because there is no substitute for breast milk.

In addition, even with a healthy infant, if the milk stops abruptly, and it becomes necessary to give the baby a bottle… this can at times cause problems with the baby’s digestion. After all, just a baby, even a healthy one, is considered to be like someone who is sick in a non-life-threatening way, when it comes to providing for any of his needs. And excessive suffering of the infant can certainly bring about a possible life-danger. This is how Maharsham concludes (OH 550:1): “It seems obvious, that in the case of a nursing mother, even who is not in pain, but whose baby will be in pain if he does not have what to nurse, we can be lenient and need not concern ourselves with the common practice in this matter. And perhaps even on Tishah b’Av we can be lenient, for even a normal infant is like a sick person without a life-danger”…

Tishah b’Av

So far we have discussed the status of mother and child. Of course, these considerations also belong to Yom Kippur, and all the more so to other fasts. However, on Yom Kippur we have peopleeat in a way that minimizes the violation (i.e., less than the minimum amount, when possible), which is not the case with other fasts. Nevertheless, one must clarify the special status of Tishah B’Av.

We have learned on Rosh Hashana 18b on the mishnah, that messengers would go out on Av to announce [the new moon] because of the fast: “[As for the other fasts]… when there is no decree from the kingdom (the government is not actively oppressing the Jews) but also not a time of peace – if they want, they fast, and if they don’t want, they don’t fast. If so,” – continues the Gemara – “say the same by Tishah b’Av?… Rav Pappa said: “Tishah b’Av is different, because troubles were multiplied on that day.”

It is possible to explain that the phrase “Tishah b’Av is different, because troubles were multiplied on that day,” means that people accepted upon themselves to fast on Tishah b’Av at all times. Following this explanation, it would emerge that the obligation to fast on Tishah b’Av is only because it is something that the people accepted upon themselves, and Rava’s statement that its status is like Yom Kippur (and pregnant women must fast) merely means that they accepted upon themselves to practice this fast, but certainly it is no weightier than any other Rabbinic law. As Rabbeinu Hananel z “l writes there: “Because troubles were multiplied… they accepted it upon themselves, etc.” See also Tashbetz (2:271)… Maggid Mishnah also explains thusly regarding Rambam’s position (Hilkhot Ta’anit 5: 5), even though there are some textual issues there, and this is also clear from the words of Ramban in Torat Ha’Adam (Aveilut Yeshanah, p. 244).

However, Tosafot (Megillah 5b, s.v. u’Bikeish) do not agree with this view. They explain that Tishah b’Av is a fixed Rabbinic requirement that is not at all dependent on the will of the people, and therefore it can never be annulled (see the commentary of the Vilna Gaon, OH 550:3). Moreover, since it is an institution of the prophets, mentioned in the Bible, its status is that of divrei kabbalah, “words of the tradition,”(i.e., the later books of the Torah), and “divrei kabbalah have the weight of the Torah.”

Now, regarding others fasts, Beit Yosef (OH 554, s.v. vi’Garsinan) writes: “Rabbeinu Yeruham wrote in Nativ 27 in the name of the Geonim: A pregnant woman is forbidden to fast, except on Tishah B’Av and Yom Kippur, because of pain to the child.”…

Here is what Bah writes regarding a woman who has given birth, who for the first 30 days, even if she is not nursing, who is considered to be like an ill person without a danger to her life: “On Tishah B’Av, there is no need to evaluate the degree of need, but we feed her immediately, even if she says she does not need to eat. For the general rule is, that in the place of a sick person, our Rabbis did not apply their edicts. And Tishah b’Av, in our time, when it is not a time of a government out to destroy us, and also not a time of peace, is also only a Rabbinic edict, and it is not divrei kabbalah that are like words of the Torah…” He brings a list of poskim who all are of the opinion that Tishah b’Av (nowadays) is only in force because we have accepted it upon ourselves (compare to Taz, OH 554:4)….

Conclusion

Let’s sum things up:

1. For most of the Rishonim, the status of Tishah B’Av is no different than any other rabbinic prohibition, regarding which we say that the Rabbis did not apply their edict to a person who is ill. However, the custom is to be stringent, but as a matter of actual halakhah there is a basis to be lenient for a sick person who is not in life danger, just as we would do in the case of other (non-Biblical) fasts. Poskim have already written that the last generations are constitutionally weaker compared to earlier generations. Therefore, it is possible that what the former did, the latter can not tolerate. It is therefore necessary to establish the rule in accordance with the actual halakhah, and in particular in a matter that could entail even a very distant potential danger to life.

2. From a number of sources it can be proven that a pregnant or nursing woman is treated in halakhah, minimally, as a person who is ill without a danger to life, and if they feel any weakness, then there are some who would consider them to be in a life-threatening situation. This applies to a mother who has given birth within the last 30 days, even if she is not nursing, and according to Maharasham up to 24 months after childbirth.

3. In a case where there is a fear that the fetus will be “dislodged” (i.e., miscarriage or premature birth), then even if the woman does not feel weak, it is deemed as a case where life is at risk, and the pregnant woman is obligated to eat, even on Yom Kippur. Since it has been demonstrated that in many cases fasting may cause contractions of the uterus from the fifth month of pregnancy onward, one must be concerned for this possible outcome. Of course, on Yom Kippur, a person must eat or drink less than the minimum amount (that would constitute a Biblical violation of the fast), separating each act of eating and drinking from the other by the duration of the time it takes to eat a half-a-loaf of bread (kedei akhilat pras).

4. Due to concerns for pain of the infant, a nursing woman should not fast on Tishah b’Av. And there are circumstances in which this pain can even be considered a danger to the life of the baby. And even on Yom Kippur, one should rule to a nursing woman that she should eat, albeit with eating less than the minimum amount each time.

And God will save us from mistakes, and we will soon merit the consolation of Zion and Jerusalem .