By Rabbi Yair Hoffman for the Five Towns Jewish Times

It is one of the fanciest kosher fleishig restaurants in Manhattan. Numerous movers and shakers on Wall Street eat at the Reserve Cut– for both lunch and dinner. And the email that went out recently reads as follows:

“Your family at Reserve Cut at the Setai is pleased to inform our guests that we will host a Siyum/ Seudat Mitzvah each evening during the Nine Days, July 19th through the 23rd.

The Siyum will take place at 6:15pm and Hors D’oeuvres from the Seudat Mitzvah will be available until 10:30pm. For reservations please call…

We would like to thank all of the Rabbis who coordinated and aided us in these important and cherished events.”

But is this really true? Is it halachically permitted to hold a siyum in a restaurant during the Nine Days for perfect strangers and thus allow them all to eat meat and drink wine?

HALACHOS REFLECT REALITIES OF MOURNING

We must recall that the halachos are not mere technicalities – they reflect the reality that this is a period of mourning. Our treatment of each other, our negation of our mission – of who we are supposed to be, was so profound that we were deserving of absolute destruction. Hashem, however, in His Ultimate mercy – spared us as a nation and instead took out His Wrath- Kavyachol on the Bais HaMikdash. And we must mourn that Bais HaMikdash, that Shechina within our midst according to Halacha which both reflect and help us further delve into the mourning over the Bais HaMikdash and our profound loss.

There is a reason that we do not eat meat and that we do not drink wine. Yet it is also true that when there is a genuine Seudas Mitzvah – an occasion of joy such as a Bris Milah or a pidyon HaBen or a completion of Mesechta which shows that the Torah is alive and well, we can temporarily set aside our mourning when we can take pride in our relative or close friend.

SIYUMS NOT FOR EVERYONE

But can everyone and anyone attend a siyum and eat meat and drink wine?
The Mishna Brurah 551:75 is clear about who may attend a siyum during the Nine Days. He writes that anyone who would have attended otherwise during some other time – that is on account of being related (literally ‘closeness’ Kirva), or on account of his being a frien (Ohavo).

WIDELY HELD VIEW

This is not just the view of the Mishna Brurah. It is the view of the TaZ 551:12, the Mogain Avrohom 551:35, and the Be’er Heitev 551:33. Indeed, the Pri Magadim in his Aishel Avrohom explains that anyone who would receive one of the minor honors at a Bris Milah is considered to be friendly enough to attend such a siyum. They may eat meat and drink wine with him.

The implication is that strangers, or customers who do not even know who the Baal Mesayem is – should not be eating at a siyum just because a restaurant is holding one.

MISSING THE SIYUM

What about the other issue, of having been invited to a siyum but not being actually present at the time the siyum is taking place? Years ago, I was told such a ruling in the name of Rav Moshe Feinstein zt”l by his son, that the guest may still partake. Subsequently, I saw it cited in Sefer Moadei Yeshurun page 132 by the author of Nechamas Yisroel 23:345.

But does this mean that meat Hors D’oeuvres from the Seudas Mitzvah can be utilized to allow other meat to be eaten later on? Both the short answer and the long answer would seem to be a clear no. There is absolutely no precedent for this in the Teshuvos that deal with siyumim in the Nine Days.

ERRONEOUS EMAIL

This author called the restaurant to ascertain which Rabbis issued such a ruling. The Main Mashgiach of the restaurant, Rabbi Shlomo Lipshitz, explained that the email was a mistake and that there will be, in fact, no Siyumim during the Nine Days. He authorized this quote.

Can the restaurant still be opened and serve fleishigs? The Mechaber (551:9) cites a number of Minhagim as to when meat is forbidden. Some Sephardim hold that since Tisha B’Av has been pushed off (The Shulchan Aruch 551:4 cites two opinions as to whether there is a Shavuah SheChal Bo when Tisha B’Av is pushed off) it would be permitted. Most Sfardim, however, still hold that eating meat is forbidden from Rosh Chodesh. Not everyone holds that there is no shavua shechal bo, however. The SMaG, SMaK and Orchos Chaim seem to hold that there is this year. However, the first and main opinion cited by Rav Karo is of the opinion that there is not (Rosh and RaN). Rav Ovadiah Yoseph rules that although it may be appropriate to be stringent – the technical Halacha for Sfardim is that there is no Shavuah Shechal bo. Thus some Sefardim may be permitted to eat meat this week.

Also, for Ashkenazim – someone can make an individual siyum and thus eat meat.

The author can be reached at [email protected]