Restaurants, the Nine Days, Fast Days, and Va'adim

Across the county, there are a number of va'adim that only grant hashgacha on the condition that the restaurant either close on fast days or stop providing sit down service, and that meat restaurants close during the 9 Nine Days days completely unless they can provide a vegetarian menu to replace their regular menu.

I've always felt a great deal of discomfort with such policies. For starters, the restaurant business (kal v'chomer the kosher restaurant business) is probably one of the toughest businesses to succeed in. And, I think that these kosher establishments add a certain amount of life to a community. Why should we make it even more difficult to succeed in this business by taking away opportunities for business?

Each restaurant is different and serves a different clientele and has different needs. Certain restrains conduct most of their business during evening hours; other restrains during breakfast hours. Some restrains have a clientele that is mostly frum; and, there are a few restrains out there with a mixed clientele of kosher-keeping Jews, non-Jews, and Jews who desire a particular cuisine.

So a few days ago, my husband comes home with something interesting to share with me. His minyan learns halachot and teshuvot daily and he knew that I would be very interesting in teshuvah of Chacham Ovadia Yosef regarding restaurants remaining open and even serving meat to other Jews during the 9 days (actually 8 days, as some Sephardim eat meat on Rosh Chodesh Av).

Rav Ovadia gives his psak that restaurants are absolutely allowed to remain open, and are even allowed to serve meat to Jews. Rav Ovadia states that one need not worry about placing a stumbling block when serving meat during this time, as there are heterim for certain people to eat meat during the 9 days is well established in halacha: sickly persons, tired persons, and more. However, Rav Ovadia does say that first one eats fish, then chicken, and only then meat. Interestingly enough, I am told that in Baghdad (even fairly recently) the Jews ate chicken during the nine days and the prohibition against meat was applied strictly.

The "bottom line" of the teshuvah is that the first priority is the proprietor's parnasah. I think it is important to remember that other people in our own communities also rely on the (usually hourly) wages they receive from certain restrains, whether they be mashgichim or waiters.

Ultimately, I believe that a proprietor will do what is best for their business. Even if a Va'ad allows a meat restaurant to stay open during the Nine Days without an alternative menu, some restaurants will still choose to close because the costs of staying open cannot be justified by the loss of business. Other owners will serve a vegetarian menu. And, still, other restaurants (especially those with a strong non-Jewish clientele or a strong business lunch and dinner clientele) will stay open.

Note: I'd be curious to hear of teshuvot saying the opposite: the a kosher meat resturant must close during the Nine Days or during fast days, at least to sit down service. Obviously Rav Ovadia is not the only posek in town. However, the teshuva was of interest to me, because it affirmed by thought process about protecting the proprietor within the confines of halacha.

Hat Tip: Ariella of Kallah Magazine whose post prompted my post.