Q. Are we allowed to dance during Kiddish Levona when it is done on the night preceding Asarah Beteives or would it be assur to do so as it is similar to making a wedding which Rav Shlomo Zalman Auerbach would not be allowed? Additionally, is it preferable to wait until after Asarah Beteives to do kiddish levona rather than doing it the night immediately before the fast if one hasn’t done it yet?
A. On question 957 in regard to attending a wedding or a sheva brachoth with music on the night prior to the fast of Asara Beteves, we wrote: Remoh (O.H. 550: 3) advises that if there is a Chupa on Asara Beteves on Erev Shabbos, Mincha and Vaichal are recited before the Chupa. However, Shulchan Aruch (551: 2) rules that no weddings are to be done during the Nine Days and Biur Halacha (ibid.) quotes from Eliahu Rabbo and Peri Megodim that it is possible that this also applies to Shiva Asar Betamuz and Asara Beteves.
Bais Avi (3,2,6) writes that the minhag is not to make weddings on the night of the Tenth of Teves since in reality the Ta’anis has already began but the prohibition to eat is only from the morning. Ratz Katzvi (16) maintains that on this taanis a baal nefesh should begin fasting from the night before. Weddings should therefore be avoided on that night.
However, other Poskim are more lenient (Even Pina O.H. 45, P’ri Hasade 1: 2, Yabia Omer 6: 7, Tzitz Eliezer 7: 49). Although Halichos Shlomo (2: 18: 5) rules that one should not have a wedding on the night prior to a day fast, with the exception of Taanis Esther, he permits in need on the night prior to Asara Beteves (ibid. n. 21).
Da’as Torah of the Maharsham (551: 2) advises that although the Chupa is permitted but one should abstain from dancing on Asara Beteves.
Horav Shlomo Miller’s Shlit’a opinion is that in principle and by the letter of the Halacha, it is permitted to have a wedding or Sheva Brachos with music on the prior night of the Ta’anis, however, when possible one should be stringent. (He pointed out to the Sdei Chemed – Ma’areches Choson Vekalo p. 21-22)”
In question 735, explaining why is there a custom to dance after saying kiddush levana. we wrote: “In only one instance the Remo praises and extols dancing and that is in Darkei Moshe (426) in regards to Kidush Levana. He mentions that the reason for the dancing contains a great Cabalistic “sod” or mystery similar to the joy of newlyweds, since we then receive the Shechina (Otzar Hayedios p. 293, see also Remo O.H. ibid. 2.)
Meor Einaim compares Kidush Levana to the receiving of the Torah and the joy and happiness that it contained. (Milin Kadishin 84)
Mekadesh Yisroel (Bein Hametzorim 310) in regards to dancing on Kidush Levana on Motzei Tisha B’Av mentions that since the Remo considers the dancing a mitzvah it should be permitted even in the state of avelus still present at the end of the fast. The dance is done to foster our belief in the Geula, since in Tisha B’av the Messiah was born. He adds that this is the common accepted tradition.
Horav Shlomo Miller Shlit”a pointed out that Poskim mention that one of the reasons that Kidush Levana is not recited on Shabbos, is due to the dancing involved.(Shaar Hatzion 426: 32).”
Taking into account the above, Horav Shlomo Miller’s Shlit’a opinion is that one may dance if that is his minhag. It is also unnecessary to wait until after Asara Beteves to recite Kidush Levana, especially since it is during winter weather time.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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