Anonymous

Three Weeks: Difference between revisions

From Halachipedia

Three Weeks (view source)

Revision as of 20:43, 9 June 2013

5 bytes added ,  9 June 2013
no edit summary
No edit summary
No edit summary
Line 4: Line 4:
# The Ashkenazic minhag is to begin mourning from the fast of [[Shiva Asar BeTamuz]]. <ref> Rama 551:2 and 4</ref> Many authorities hold that  the practices of mourning begin from the night of [[Shiva Asar BeTamuz]] (before the actual fast begins). <ref>  
# The Ashkenazic minhag is to begin mourning from the fast of [[Shiva Asar BeTamuz]]. <ref> Rama 551:2 and 4</ref> Many authorities hold that  the practices of mourning begin from the night of [[Shiva Asar BeTamuz]] (before the actual fast begins). <ref>  
* The Chida in Sh"t Chaim Sha’al 1:24 writes that one may not make [[Shehecheyanu]] the night of [[Shiva Asar BeTamuz]]. Kaf Hachaim 551:207 agrees. Tzitz Eliezer 10:26 maintains that the one may not make a wedding the night of [[Shiva Asar BeTamuz]] and bases it on the ruling of the Chida not to say [[Shehecheyanu]] from the night of [[Shiva Asar BeTamuz]]. He add that according to some achronim the night of the 17th of tammuz is as strict as the Nine Days. In regards to weddings the night of [[Shiva Asar BeTamuz]], Eshel Avraham Mebutchatch OC 551, Nitai Gavriel (Bein HaMetzarim, vol 1, 14:5), Halichot Shlomo (Moadim vol 2, 18:5), and Rabbi Soloveitchik (cited by Rabbi Hershel Schachter in Nefesh Harav page 196) agree. Orchot Rabbeinu (vol 2, pg 127) quotes the Steipler about not taking a haircut the night of [[Shiva Asar BeTamuz]]. See also Rav Elyashiv (cited by Doleh UMashkeh pg 207-208), Divrei Moshe 1:33, Shevet Halevi 8:168:7 and 10:81:2, Moadim Uzmanim 8:338, and Moadei Yeshurun (pg 128) who agree with this approach.
* The Chida in Sh"t Chaim Sha’al 1:24 writes that one may not make [[Shehecheyanu]] the night of [[Shiva Asar BeTamuz]]. Kaf Hachaim 551:207 agrees. Tzitz Eliezer 10:26 maintains that the one may not make a wedding the night of [[Shiva Asar BeTamuz]] and bases it on the ruling of the Chida not to say [[Shehecheyanu]] from the night of [[Shiva Asar BeTamuz]]. He add that according to some achronim the night of the 17th of tammuz is as strict as the Nine Days. In regards to weddings the night of [[Shiva Asar BeTamuz]], Eshel Avraham Mebutchatch OC 551, Nitai Gavriel (Bein HaMetzarim, vol 1, 14:5), Halichot Shlomo (Moadim vol 2, 18:5), and Rabbi Soloveitchik (cited by Rabbi Hershel Schachter in Nefesh Harav page 196) agree. Orchot Rabbeinu (vol 2, pg 127) quotes the Steipler about not taking a haircut the night of [[Shiva Asar BeTamuz]]. See also Rav Elyashiv (cited by Doleh UMashkeh pg 207-208), Divrei Moshe 1:33, Shevet Halevi 8:168:7 and 10:81:2, Moadim Uzmanim 8:338, and Moadei Yeshurun (pg 128) who agree with this approach.
* However, Sh"t Igrot Moshe 1:168, 3:100 (at the end), and 4:112(2) permits in cases of great need (such as performing a wedding on Motzei [[Shabbat]] the night of [[Shiva Asar BeTamuz]]). Igrot Moshe 3:100 adds that since saying [[Shehecheyanu]] is a dispute there's no need to be strict not to say it the night of [[Shiva Asar BeTamuz]]. Igrot Moshe 4:112(2) writes for great need one can be lenient to cut one's hair the night of [[Shiva Asar BeTamuz]]. Shearim Metsiyunim BeHalacha 122:1 agrees. Sh"t Rivevot Efraim 1:375 writes that later Rav Moshe was asked about performing a wedding the night of [[Shiva Asar BeTamuz]] and he advised doing the Chupah before Shekiyah. Rav Elyashiv (cited by Doleh U’mashke pg 208 note 557) says that in a pressing situation once can be lenient. </ref>
* However, Sh"t Igrot Moshe 1:168, 3:100 (at the end), and 4:112(2) permits in cases of great need (such as performing a wedding on Motzei [[Shabbat]] the night of [[Shiva Asar BeTamuz]]). Igrot Moshe 3:100 adds that since saying [[Shehecheyanu]] is a dispute there's no need to be strict not to say it the night of [[Shiva Asar BeTamuz]]. Igrot Moshe 4:112(2) writes for great need one can be lenient to cut one's hair the night of [[Shiva Asar BeTamuz]]. Shearim Metsuyanim BeHalacha 122:1 agrees. Sh"t Rivevot Efraim 1:375 writes that later Rav Moshe was asked about performing a wedding the night of [[Shiva Asar BeTamuz]] and he advised doing the Chupah before Shekiyah. Rav Elyashiv (cited by Doleh U’mashke pg 208 note 557) says that in a pressing situation once can be lenient. </ref>
# If [[Shiva Asar BeTamuz]] falls out on [[Shabbat]] and is pushed off to Sunday, then everyone agrees that the practices of mourning begin the night of [[Shiva Asar BeTamuz]] (Motzei [[Shabbat]]). <ref> Sh"t Igrot Moshe 3:100 (at the end) </ref>
# If [[Shiva Asar BeTamuz]] falls out on [[Shabbat]] and is pushed off to Sunday, then everyone agrees that the practices of mourning begin the night of [[Shiva Asar BeTamuz]] (Motzei [[Shabbat]]). <ref> Sh"t Igrot Moshe 3:100 (at the end) </ref>


Line 46: Line 46:
Since S”A 551:12 rules that it’s forbidden to cut any hair on one’s body during the week of [[Tisha BeAv]] as a din from the Gemara it would seem clear that it’s forbidden to shave during the week of [[Tisha BeAv]]. Additionally, Ashkenazim who follow the Rama shouldn’t be able to shave during the entire three weeks as Rama 551:4 writes that the minhagim of the week of [[Tisha BeAv]] apply to the entire three weeks. However, there are several leniencies in the Achronim.             
Since S”A 551:12 rules that it’s forbidden to cut any hair on one’s body during the week of [[Tisha BeAv]] as a din from the Gemara it would seem clear that it’s forbidden to shave during the week of [[Tisha BeAv]]. Additionally, Ashkenazim who follow the Rama shouldn’t be able to shave during the entire three weeks as Rama 551:4 writes that the minhagim of the week of [[Tisha BeAv]] apply to the entire three weeks. However, there are several leniencies in the Achronim.             
* (1) Shaving Regularly: Magan Avraham 551:14 explains that the reason the Rama is strict by cutting hair all three week and is lenient by washing clothes (that it should only begin from [[Rosh Chodesh]] Av) is because it wasn’t common to cut hair every week. This Magan Avraham is brought by the Achronim including the Chaye Adam 133:17, and Mishna Brurah 551:32. Additionally, Aruch HaShulchan 551:16 explains that it takes 3 weeks of not cutting hair to make it recognizable that one is in mourning. Based on this, Shearim Metzuyanim BeHalacha 122:5 says that those who usually shave every 2-3 days should be able to shave since for them it’s just like washing clothes. Rav Ovadyah in Chazon Ovadyah (Vol Arba Taniot pg 162) based on this M”A says that seemingly, Ashkenazim should be allowed to shave for Kavod [[Shabbat]] prior to the week of [[Tisha BeAv]]. However, Sh”t Shaar Zekenim pg 88a (quoted by Kaf HaChaim 551:65), Shivilei Dovid 551:4, and Rav Vozner in Sh”t Shevet HaLevi 10:81:3 reject this leniency based on the minhag to be strict for all circumstances.             
* (1) Shaving Regularly: Magan Avraham 551:14 explains that the reason the Rama is strict by cutting hair all three week and is lenient by washing clothes (that it should only begin from [[Rosh Chodesh]] Av) is because it wasn’t common to cut hair every week. This Magan Avraham is brought by the Achronim including the Chaye Adam 133:17, and Mishna Brurah 551:32. Additionally, Aruch HaShulchan 551:16 explains that it takes 3 weeks of not cutting hair to make it recognizable that one is in mourning. Based on this, Shearim Metzuyanim BeHalacha 122:5 says that those who usually shave every 2-3 days should be able to shave since for them it’s just like washing clothes. Rav Ovadyah in Chazon Ovadyah (Vol Arba Taniot pg 162) based on this M”A says that seemingly, Ashkenazim should be allowed to shave for Kavod [[Shabbat]] prior to the week of [[Tisha BeAv]]. However, Sh”t Shaar Zekenim pg 88a (quoted by Kaf HaChaim 551:65), Shivilei Dovid 551:4, and Rav Vozner in Sh”t Shevet HaLevi 10:81:3 reject this leniency based on the minhag to be strict for all circumstances.             
* (2) Uncomfortable: (a) Rabbi Elazar Melamed in Peninei Halacha (zmanim pg 154-5) writes that if a person shaves everyday it’s very uncomfortable not to shave and it’s similar to S”A 551:13 that permits shaving a moustache that interferes with eating. (b)Rav Soloveitchik (quoted by Nefesh HaRav, Rav Schachter pg 191 and Shiurei Harav Al Inyanei Aveilut V'Tisha B'Av, pages 20-21 compared the three weeks to the Avielut of a year, the week of [[Tisha BeAv]] (or according to Ashkenazim, from [[Rosh Chodesh]]) compares to the Avielut of Shloshim, and [[Tisha BeAv]] itself is like Aveilut of Shiva. Accordingly, Rav Shechter writes that one who regularly shaves everyday would be allowed to shave everyday until [[Rosh Chodesh]] Av. (Rav Shechter supports this comparison from Sh”t Panim Meirot 3:37e, and goes so far as to question Sh”t Igrot Moshe Y”D 2:137 who compares the week of [[Tisha BeAv]] to Avielut of Shiva.)             
* (2) Uncomfortable: (a) Rabbi Elazar Melamed in Peninei Halacha (zmanim pg 154-5) writes that if a person shaves everyday it’s very uncomfortable not to shave and it’s similar to S”A 551:13 that permits shaving a moustache that interferes with eating. (b)Rav Soloveitchik (quoted by Nefesh HaRav, Rav Schachter pg 191 and Shiurei Harav Al Inyanei Aveilut V'Tisha B'Av, pages 20-21 compared the three weeks to the Aveilut of a year, the week of [[Tisha BeAv]] (or according to Ashkenazim, from [[Rosh Chodesh]]) compares to the Aveilut of Shloshim, and [[Tisha BeAv]] itself is like Aveilut of Shiva. Accordingly, Rav Schachter writes that one who regularly shaves every day would be allowed to shave everyday until [[Rosh Chodesh]] Av. (Rav Schachter supports this comparison from Sh”t Panim Meirot 3:37e, and goes so far as to question Sh”t Igrot Moshe Y”D 2:137 who compares the week of [[Tisha BeAv]] to Aveilut of Shiva.)             
* (3) Shaving Specifically: Seemingly, from S”A 551:12 all bodily hair can’t be cut including shaving a beard. However, Sh”t Chatom Sofer Y”D 348 D”H VeIy Galach writes that the entire prohibition only applies to cutting one’s hair but the poskim never spoke about shaving facial hair. This chiluk is also made by the Sh”t Nodeh BeYehuda O”C 14. Shearim Metsuyim BeHalacha 122:5 brings these achronim as halacha for someone who needs to shave for work.  
* (3) Shaving Specifically: Seemingly, from S”A 551:12 all bodily hair can’t be cut including shaving a beard. However, Sh”t Chatam Sofer Y”D 348 D”H VeIy Galach writes that the entire prohibition only applies to cutting one’s hair but the poskim never spoke about shaving facial hair. This chiluk is also made by the Sh”t Nodeh BeYehuda O”C 14. Shearim Metsuyanim BeHalacha 122:5 brings these achronim as halacha for someone who needs to shave for work.  
* (4) Monetary loss: (a)Sh”t Maharam Shik Y”D 371 writes that there is what to defend those who it’s difficult to do business with important people without shaving and during the year they regularly shave every 2-3 days to continue in the three weeks until the week of [[Tisha BeAv]]. (b) Sh”t Igrot Moshe C”M 1:93, O”C 4:102, 5:24:9 writes that by losing a business deal or customers that will affect one’s income after [[Tisha BeAv]], one can shave until the week of [[Tisha BeAv]], but during the week of [[Tisha BeAv]] itself it’s only permissible to shave if one will not be able to make an income after [[Tisha BeAv]] or without working one needs to borrow money and it’s difficult to find someone to borrow from). (c) Maadenei Shlomo pg 51 brings Rav Shlomo Zalman Auerbach who says that if there’s a chance you’ll lose your job you can shave (even during the week of [[Tisha BeAv]]). Halichot Shlomo pg 414 brings Rav Shlomo Zalman Auerbach who says that it’s permissible for a person who is  in danger of losing a lot of money or his job may shave during the three weeks. (d)Shearim Metsuyanim BeHalacha brings the Taz 551:1 (brought by Mishna Brurah 551:12) that says nowadays we don’t decrease our business activity during this time since we have to pay government taxes and all income is included in our Parnasa and therefore here too if there’s a chance of losing Parnasa that can be considered a concern of loss of money.
* (4) Monetary loss: (a)Sh”t Maharam Shik Y”D 371 writes that there is what to defend those who it’s difficult to do business with important people without shaving and during the year they regularly shave every 2-3 days to continue in the three weeks until the week of [[Tisha BeAv]]. (b) Sh”t Igrot Moshe C”M 1:93, O”C 4:102, 5:24:9 writes that by losing a business deal or customers that will affect one’s income after [[Tisha BeAv]], one can shave until the week of [[Tisha BeAv]], but during the week of [[Tisha BeAv]] itself it’s only permissible to shave if one will not be able to make an income after [[Tisha BeAv]] or without working one needs to borrow money and it’s difficult to find someone to borrow from). (c) Maadenei Shlomo pg 51 brings Rav Shlomo Zalman Auerbach who says that if there’s a chance you’ll lose your job you can shave (even during the week of [[Tisha BeAv]]). Halichot Shlomo pg 414 brings Rav Shlomo Zalman Auerbach who says that it’s permissible for a person who is  in danger of losing a lot of money or his job may shave during the three weeks. (d)Shearim Metsuyanim BeHalacha brings the Taz 551:1 (brought by Mishna Brurah 551:12) that says nowadays we don’t decrease our business activity during this time since we have to pay government taxes and all income is included in our Parnasa and therefore here too if there’s a chance of losing Parnasa that can be considered a concern of loss of money.
* <div id="shavingforkavodshabbos"></div> (4) Kavod [[Shabbat]]: (a) Magen Avraham 551:14 and Mishna Brurah 551:32 write that the prohibition of cutting hair applies even for Kavod [[Shabbat]] (unlike laundering which is relaxed for Kavod [[Shabbat]] for someone who doesn't have other clothes, because people don't cut their hair either way weekly). Yet, Pri Megadim (A”A 551:14) writes that according to Rama one can shave in honor of [[Shabbat]] until [[Rosh Chodesh]] Av. However, Mateh Yehuda 551:4 writes that even in honor of [[Shabbat]] one can’t shave during the three weeks. (b) On this dispute, Kaf HaChaim 551:66 writes that in this regard in depends on the minhag of the place (to follow the Pri Megadim or not), and Rabbi Moshe Karp in Hilchot UMinhagei Ben HaMeysarim (pg 25) writes that the Pri Megadim was more in line with minhag Ashkenaz than the Mateh Yehuda and there’s a lot to rely on to follow Pri Megadim. (c) Even on the original position of the Magan Avraham, the Hagahot Rabbi Akiva Eiger and Buir Halacha 551:3 D”H VeChen (based on Tosfot Tanit and the Yerushalmi) argue that cutting hair should be permissible for Kavod [[Shabbat]] even for [[Shabbat]] Chazon. [However, the Rishonim themselves don’t all agree with Tosfot including the Kol Bo (quoted in Bet Yosef 551:4) who wouldn’t shave before [[Shabbat]] chazon and the Bet Yosef (who argues on Tosfot that it’s impossible to think that it’s permissible to cut hair on [[Tisha BeAv]] for Kavod [[Shabbat]]).] (d) Ashkenazim: Sh”t Ner Ezra (vol 2 pg 155-8) concludes that one can be lenient to shave for Kavod [[Shabbat]] and quotes Rav Aharon Lichtenstein who agrees. [http://www.torah.org/advanced/weekly-halacha/5762/pinchas.html Weekly Parsha Halacha by Rabbi Neustadt] writes that since many do shave regularly (more than once a week) there is a basis for the lenient minhag (based on the logic of the Magan Avraham). Nonetheless, the Shemirat Shabbat KeHilchata 42:52 writes simply like the Mishna Brurah not to shave during the three weeks even for Kavod [[Shabbat]]. (e)Sephardim: Rav Ovadyah Yosef (Sh"t Yachava Daat 3:39, Sh”t Yabea Omer 3:31:5; Chazon Ovadyah pg 162) writes that there is what to rely on to shave Friday of [[Shabbat]] Chazon if ones beard is uncomfortable, and certainly there’s what to rely on for Ashkenazim to shave for Kavod [[Shabbat]] during the rest of the three weeks. (e) Someone in doubt: Rabbi Rabinowitz (quoted in Peninei Halacha by 156) says that a person should follow the minhag of his father so as not to appear more lenient or strict that his father. </ref>
* <div id="shavingforkavodshabbos"></div> (4) Kavod [[Shabbat]]: (a) Magen Avraham 551:14 and Mishna Brurah 551:32 write that the prohibition of cutting hair applies even for Kavod [[Shabbat]] (unlike laundering which is relaxed for Kavod [[Shabbat]] for someone who doesn't have other clothes, because people don't cut their hair either way weekly). Yet, Pri Megadim (A”A 551:14) writes that according to Rama one can shave in honor of [[Shabbat]] until [[Rosh Chodesh]] Av. However, Mateh Yehuda 551:4 writes that even in honor of [[Shabbat]] one can’t shave during the three weeks. (b) On this dispute, Kaf HaChaim 551:66 writes that in this regard in depends on the minhag of the place (to follow the Pri Megadim or not), and Rabbi Moshe Karp in Hilchot UMinhagei Ben HaMeysarim (pg 25) writes that the Pri Megadim was more in line with minhag Ashkenaz than the Mateh Yehuda and there’s a lot to rely on to follow Pri Megadim. (c) Even on the original position of the Magan Avraham, the Hagahot Rabbi Akiva Eiger and Buir Halacha 551:3 D”H VeChen (based on Tosfot Tanit and the Yerushalmi) argue that cutting hair should be permissible for Kavod [[Shabbat]] even for [[Shabbat]] Chazon. [However, the Rishonim themselves don’t all agree with Tosfot including the Kol Bo (quoted in Bet Yosef 551:4) who wouldn’t shave before [[Shabbat]] chazon and the Bet Yosef (who argues on Tosfot that it’s impossible to think that it’s permissible to cut hair on [[Tisha BeAv]] for Kavod [[Shabbat]]).] (d) Ashkenazim: Sh”t Ner Ezra (vol 2 pg 155-8) concludes that one can be lenient to shave for Kavod [[Shabbat]] and quotes Rav Aharon Lichtenstein who agrees. [http://www.torah.org/advanced/weekly-halacha/5762/pinchas.html Weekly Parsha Halacha by Rabbi Neustadt] writes that since many do shave regularly (more than once a week) there is a basis for the lenient minhag (based on the logic of the Magan Avraham). Nonetheless, the Shemirat Shabbat KeHilchata 42:52 writes simply like the Mishna Brurah not to shave during the three weeks even for Kavod [[Shabbat]]. (e)Sephardim: Rav Ovadyah Yosef (Sh"t Yachava Daat 3:39, Sh”t Yabea Omer 3:31:5; Chazon Ovadyah pg 162) writes that there is what to rely on to shave Friday of [[Shabbat]] Chazon if ones beard is uncomfortable, and certainly there’s what to rely on for Ashkenazim to shave for Kavod [[Shabbat]] during the rest of the three weeks. (e) Someone in doubt: Rabbi Rabinowitz (quoted in Peninei Halacha by 156) says that a person should follow the minhag of his father so as not to appear more lenient or strict that his father. </ref>
Retrieved from "http://localhost:80/index.php?title=Special:MobileDiff/9588"