Exemption from Minor Fasts

As a rule, women are obligated to fast on all communal fast days. (Learn more here.) There are a number of exemptions from fasting, however, and some are related to child-bearing, and thus specific to women. In order to discuss when these exemptions apply, we first need to review the relevant halachic categories.

I. Me’uberet A pregnant woman. In a range of halachot, the Talmud considers a woman a me’uberet from the point at which “her fetus is recognizable,” defined as around three months of pregnancy, when many women start showing.

Mishna Berura explains that a woman may also be considered a me’uberet with respect to fasting earlier, if she knows that she is pregnant and feels attendant discomfort:

This ruling leaves open the possibility of considering a woman me’uberet even before forty days from conception, the point at which Halacha considers the fetus to take form.¹ Many modern halachic authorities agree.² Given the widespread availability of early pregnancy testing, some even consider a woman me’uberet with respect to fasting from the moment she knows that she has conceived. (See, for example, Rav Eliezer Melamed, below.)

What are the risks of fasting in pregnancy? To date, we have very limited data relevant to Jewish women. There is (as we will see) widespread exemption from the minor fasts. Many studies on fasting are in the context of Ramadan, which consists of fasting during daylight hours (often followed by feasting) for a month, which might be quite different medically from the twenty five hours of Yom kippur or Tish’a Be-Av.

Two studies found increased deliveries directly following Yom Kippur (mostly at term), but another study was not able to reproduce this finding regarding Tisha B Av. Yet another study found more preterm deliveries among Jewish than non-Jewish patients on Yom Kippur. At the same time, in practice, thousands of women fast on these days without difficulty. In laboratory conditions, fasting has been shown to cause metabolic changes. However, it is not always clear what the clinical consequences of these changes are. Lack of drinking can bring on various levels of dehydration, depending on environmental circumstances, and dehydration can be a predecessor of early labor. The risk varies depending on the stage of the pregnancy and the medical history of the woman.³

The need to stay current with new medical knowledge was stressed in a recent article by Rabbanit Dr. Chana Adler Lazarovits, who argues for greater precaution with pregnant women fasting in general than is often the current halachic norm.

II. Meineket A nursing woman (including women who exclusively pump), or perhaps any woman within 24 months of childbirth.

In the context of the laws of nidda, the Talmud defines a meineket – who is not expected to menstruate – as a woman within 24 months postpartum:

According to this passage, a woman is considered a meineket even if she is not actively nursing (as after neonatal loss). Shulchan Aruch follows suit, and rules that meineket status does not depend on active breastfeeding.

Does this definition of meineket extend to the laws of fasting?

Rabbi Yekusiel Yehuda Halberstam suggests that Shulchan Aruch himself implies a more narrow definition of meineket with respect to fasting:

In contrast, Maharsham explicitly considers any woman within 24 months postpartum as a meineket even for fasting:

How broadly to apply the laws of meineket with respect to fasting remains a matter of debate, and may depend on whether we focus on the child’s health, in which case active nursing would be necessary to consider a woman a meineket, or on the health of its mother, in which case it would not be.

Much as with pregnancy, the medical effects of fasting on lactation in a context directly relevant to Jewish women have barely been studied. One study showed that a twenty-four-hour-plus fast does seem to alter slightly the composition of breastmilk on the day of the fast and the day after, but not beyond that,with biochemical changes that seem unlikely to be clinically significant. This study found that some breastfeeding women report fatigue, discomfort, and fussy babies on the day after the fast.⁴

The main medical concern is if fasting will lead to reduction in milk supply. For most women, the supply will remain in the normal range and, if reduced, return quickly with re-feeding. However, in cases of newborns, preterm or ill infants or maternal lactation difficulties, these minor changes can be significant, so it is critical to seek individual medical and halachic guidance, especially regarding dehydration.⁵⁶

III. Yoledet A yoledet, sometimes called a chaya (following Shemot 1:19),⁷ is a woman just before childbirth or who has just given birth, so there is some overlap between this category and the meineket.

The Talmud teaches that a woman becomes a yoledet when she begins to bleed, is sitting on the birthing stool, or can no longer walk unassisted.

A woman becomes a yoledet when any of these criteria is met, regardless of whether the fetus is viable.

Eshel Avraham argues that a woman in the first weeks after miscarriage is at least comparable to a nursing or pregnant woman, especially since the tragedy of pregnancy loss may exacerbate its physical hardship. Halacha typically considers a woman to have miscarried when she carried a pregnancy for over forty days.

Mishna Berura adds that a woman may be considered a yoledet with respect to fasting as soon as strong contractions begin:

A woman exits the yoledet status in stages, but aspects of it remain for up to thirty days post-partum.

IV. Fertility Treatments Given their recent vintage, the question of fertility treatments and fasting is relatively new to halachic literature. Women undergoing fertility treatments don’t fit neatly into the above categories. In some situations, they may be considered unwell, however, and thus exempt from fasting.⁸

The three fasts of 10 Tevet, 17 Tammuz, and Tzom Gedalya (3 Tishrei) are observed with the leniencies of a ta’anit yachid, an individual fast, such as beginning to fast only at dawn. This is the case even though they have been accepted as binding by the community. Ta’anit Esther (the fast on 13 Adar, the day before Purim) is treated with even greater leniency than the others. (See more here.)

The Tosefta exempts pregnant and nursing women from fasting on all these fast days⁹:

Halachic authorities relate to the possibility of exempting a me’uberet or meineket from the minor fasts in one of three ways:

I. Exemption for the Offspring’s Health The Tosefta above rules explicitly that a pregnant or nursing woman is exempt from minor fasts, even if she exhibits no particular signs of physical distress. When it details what she should eat, it specifies that she should “eat and drink enough to sustain the offspring,” implying that this is the purpose of her exemption.

According to this rationale, the term meineket refers specifically to women who are actively nursing. Otherwise, a woman’s fasting would have no direct effect on her baby’s health.¹⁰

Rabbeinu Yerucham writes that the Geonim take this position a step further, not only exempting but prohibiting a pregnant or nursing woman from fasting on the minor fasts, on account of her offspring:

II. Exemption for the Woman’s Health A second possible rationale relates to the woman’s personal physical condition. For example, we saw above that a nursing woman’s health is considered unstable. Similarly, albeit in a non-halachic context, Rashi describes a pregnant woman as a “chola,” a sick person.

As we explore in more detail in our discussion of Tish’a Be-Av, someone who is sick may be exempt from fasting, and a me’uberet, yoledet or meineket may fall under this category.¹¹

Modern Israeli rabbi Rav Nachman Kahana, for example, rules that a pregnant woman is exempt from fasting on the minor fast days because she is inherently considered a “chola,” an ill person too unwell to fast, even if she does not feel any unique physical distress:

Rav Kahana also expresses support for leniency with a meineket, even if not actively nursing..

III. Conditional Exemption Both of the above approaches seem to exempt the entire class of pregnant and nursing or postpartum women from fasting on minor fast days altogether. Hagahot Maimoniyot, however, implies otherwise. He specifies that a pregnant or nursing woman must eat on a fast day if she feels great physical distress:

We can infer from Hagahot Maimoniyot’s wording that he conditions exemption of pregnant or nursing women from fasting on clear distress.¹²

In Practice

In practice, Shulchan Aruch (paraphrasing the Tosefta) rules that a me’uberet or meineket is exempt from the minor fasts.

Rema agrees that pregnant and nursing women are fundamentally exempt from the minor fast days, but he mentions a custom to be stringent unless fasting causes significant distress.

It would seem that Rema follows the opinion that a nursing or pregnant woman is exempt on account of her own health. That leaves room for encouraging her to fast if she feels up to it. At the same time, the language “she should not fast” indicates that it is forbidden for a me’uberet or meineket who feels great distress to continue her fast.¹³

Sedei Chemed suggests that, even according to this opinion, a me’uberet or meineket need not wait until she actually experiences great distress to break her fast. There is room to predict based on her experience and current health whether fasting will cause her distress, and act accordingly:¹⁴

Ta’anit Esther receives even more lenient treatment from Rema than the other minor fasts.¹⁵ He maintains that “this fast is not obligatory” for anyone, and thus there is no stringent custom for a me’uberet or meineket to fast on it at all:

Current widespread practice is for a pregnant or breastfeeding woman not to fast at all on any of the minor fast days, even if she usually follows Rema’s halachic rulings. Rav Eliezer Melamed summarizes:¹⁶

The question of who is considered a meineket for these purposes remains a matter of debate, though a yoledet within thirty days is certainly included on the minor fast days, even if she is not nursing. (We’ll discuss the law of the yoledet further in our next piece on fasting.) Women in the midst of fertility treatments may be advised not to fast on the minor fast days as well.¹⁷

Recently, Rav Yosef Tzvi Rimon has ruled that a me’uberet, yoledet, or meineket also need not fast at all when a minor fast day falls out on Shabbat and its observance is pushed to Sunday. He adds that in this case there is more room to be lenient regarding the definition of a meineket. ¹⁸

With so much room for exemption, many women in their child-bearing years may go years without fasting on minor fast days, to the extent that not fasting has become the norm in some communities. Even so, a woman not fasting on the minor fast days should make an effort to find other ways in which to connect to the spirit of the day.