Question:
I know that the days from the first until the ninth of Av are considered bad days for the Jewish people and that I should try not to have a court case during that time, as the mazal of the Jewish people is not so good. I was wondering, however, how long that lasts for? Is pushing off the court date until the 10th of Av sufficient?
Answer:
In the Talmud,1 after learning that we are to decrease our joy with the onset of the month of Av, Rav Pappa is recorded to have said: Therefore a Jew who has a dispute with a gentile should delay legal proceedings during the month of Av, because his mazal is weakened.
This would make it seem as if the entire month is not good. And, indeed, Rabbi Abraham Gombiner (17th Century) writes in his authoritative commentary to the Code of Jewish Law2 that one should try to delay his court dates until the following month of Elul.
However Rabbi Netanel Weil3 (18th Century) has a different take on the matter. He points out that Rav Pappa's teaching comes in continuation to the directive that we are to decrease in joy when Av arrives. Now, the mourning period of Av culminates with the 9th of Av. It therefore follows that Rav Pappa's statement is also similarly qualified.
Rabbi Weil then brings support from the Zohar,4 which states that "Esau, in his esoteric knowledge, took Av and Tammuz for himself…" The Zohar, however, continues, "But only the first 9 days of Av are his, and no more."5 For this reason, Rabbi Weil concludes that a court case after the 9th of Av is not reason for concern.
Exceptions for urgent matters In some cases, prompt resolution is so important that you should not delay things. For example, in rare cases, a material witness (not a criminal) is held in jail until trial, to ensure that the witness does not flee and can be made to testify. In these cases, you should not cause a delay that will prolong the witness's detention. More commonly, if you are a witness or lawyer, and an innocent defendant is in jail, you should not ask for a delay that will prolong the jailing of the innocent person. Certainly, if the case is a child custody dispute and the child is being abused, getting the case to court so that the child can be moved to a safe home takes priority over all other considerations; if necessary to save the child's life, you could even ask the court to meet on Shabbos.
The article really applies only to regular, financial disputes.
Add a comment...Thanks for this. Does this mean if we have a client facing a criminal charge and facing prison that if there is no choice++- the case lasts longer than anticipated or it is moved by the court and not possible for alternative representation for various reasons, we should keep our responsibilities and attend court?
1) It says "... one should try to delay his court dates". It doesn't say to try to arrange alternative representation. "Try" means "if possible". If you can delay until another time, then you should delay until another time. If you tried to delay, but you were unsuccessful, then you have fulfilled the obligation to "try to delay" and can attend on the scheduled workday. (If the scheduled date was Shabbos or Yom Tov, then it would not be permitted except in a matter of life or death.)
2) At the present time (July 2020), due to the risk of prisoners contracting COVID-19 in jail or prison, obtaining the release of any prisoner is a matter of life and death, so one should not delay (and must attend even on Shabbos or Yom Tov because the prisoner's life is in danger). If the prisoner is released on bail, then the trial should be delayed so that the prisoner won't be returned to jail or prison until it is safer.