Sources and Reasoning:
A). The words of the Bach (siman 493) are well known: even for those who observe the prohibition until Rosh Chodesh Iyar, if Rosh Chodesh Iyar falls on Shabbat—and in such a case the thirtieth day of Rosh Chodesh will always fall on Erev Shabbat—since the joy of Shabbat is augmented, as it is both Shabbat and Rosh Chodesh, one should not be so stringent regarding this ancient mourning; therefore, weddings may be held on that day. Although weddings are not held on an ordinary Rosh Chodesh Iyar that does not fall on Shabbat, when it falls on Shabbat they may be held, as stated above. This is the ruling. End quote. The Magen Avraham (s.k. 2) likewise writes this, and the Mishnah Berurah (siman 493, s.k. 5) rules accordingly both regarding haircuts and weddings.
This is not limited to Ashkenazic custom, for Maran the Pri Chadash (se’if 3) likewise cites this leniency. Since the Pri Chadash, who was Rabbi of Jerusalem, recorded this custom without objection, had they practiced otherwise there, he would not have remained silent about it. Rabbi Knesset HaGedolah (Hagahot Beit Yosef, s.k. 5) also concludes that it should be permitted in such a case even on the preceding Thursday. This was due to his concern for the will of Rabbi Yehudah HaChasid, which states that one does not have a haircut on Rosh Chodesh; he writes that he himself acted accordingly. Rabbi Shulchan Gavoah (siman 493, s.k. 12) cites this as halachah. Rabbi Kaf HaChayim—Palaggi (siman 27, ot 12) likewise writes that even when Rosh Chodesh falls on Shabbat, when one does not have a haircut in accordance with the instruction of Rabbi Yehudah HaChasid, he should take care to have a haircut on Thursday before midday. This implies that one who has not adopted the practice of observing the will of Rabbi Yehudah HaChasid may have a haircut on Friday. So too is written in Teshuvot BeSod Siach, vol. 2 (siman 27), in the name of HaGaon Rabbi Asher Weiss shlit”a, that this is also the law for Sephardim.
Although Rabbi Beit David—the Sephardic authority (siman 281)—writes that in his city they never held weddings on Rosh Chodesh Iyar when it fell on Shabbat, and likewise one should not have a haircut, nevertheless, since Rabbi Pri Chadash, who was Rabbi of Jerusalem, testified to the contrary, this is the practice that should be followed. Although we too have never heard of anyone permitting weddings on Rosh Chodesh Iyar when it falls on Shabbat, this is no proof, since weddings are in any event not commonly held on Erev Shabbat. A custom cannot be established with regard to something uncommon, as stated by Rambam (Hilchot Shechitah 11:13) and by the leading Acharonim. Moreover, a haircut is more lenient than marriage, as Rabbi Beit David writes (siman 279), because haircuts are prohibited on account of mourning, and mourning does not apply on Rosh Chodesh; whereas marriage is prohibited due to the avoidance of joy, not due to mourning. See there. Even if this were merely a doubt concerning custom, Rabbi Chok Yaakov (siman 493, s.k. 2) has already written that in a doubt concerning custom one may be lenient regarding ancient mourning.
Rabbi Kaf HaChayim (siman 493, s.k. 12) also cites the views that are lenient in this matter. However, what he concludes, “but all this is according to Ashkenazic custom,” may refer to the beginning of his comments, with which he opened. HaGaon Rabbi Avraham Malka shlit”a likewise understood his words this way in his work Halichot Mo’ed (Nisan, p. 422), and ruled accordingly there.
B). Indeed, the opinion of the Rishon LeTzion, HaGaon Rabbi Yitzchak Yosef shlit”a, is that one should not permit a haircut on Rosh Chodesh Iyar when it falls on Erev Shabbat; see Yalkut Yosef (Sefirat HaOmer, p. 463). He likewise stated this in his weekly shiur (Tazria-Metzora, issue 390), saying that this is also the view of Maran the Shulchan Aruch. This also appears from what is written in Chazon Ovadia—Yom Tov (p. 262), and it is likewise cited in his name in Teshuvot Maayan Omer, vol. 3 (teshuvah 30). Nevertheless, Rabbi Yalkut Yosef himself writes that those who are lenient have upon whom to rely.
In my humble opinion, however, there is no conclusive proof from the words of Maran the Shulchan Aruch that this is prohibited. What Maran prohibited concerns Rosh Chodesh alone; regarding this he writes that it is an erroneous custom, excluding the view of the Radbaz and his colleagues, who permitted haircuts on every Rosh Chodesh. As for the claim that Maran, in Beit Yosef, explained that the words of those who permit are mistaken, because they said that mourning is not observed on the two days of Rosh Chodesh only for those who observe the prohibition of haircuts until Atzeret; for without the two days of Rosh Chodesh, one would otherwise find thirty-three days of mourning. But for us, who observe the prohibition only for the thirty-three days of the Omer, all thirty-three days are forbidden for haircuts, even on Rosh Chodesh. End quote. I do not know how this would be answered, for the Bach and the Mishnah Berurah themselves (s.k. 14) cite this calculation: one who grasps the rope at both ends—being lenient on Rosh Chodesh Iyar and also lenient from Lag BaOmer onward—is following an erroneous practice. Yet they nevertheless permit when Rosh Chodesh falls on Shabbat, so their words would otherwise contradict one another. It must therefore be said that from the outset they did not adopt the stringency in such a year as in other years, due to the great sanctity of the day. This is likewise proven from the Shulchan Aruch itself (ibid., se’if 2), which writes that the custom is not to have a haircut until the morning of the thirty-fourth day, when they ceased dying; nevertheless, if the thirty-third day falls on Shabbat, it is permitted. This requires consideration: why did they permit advancing the haircut in such a year? With regard to new mourning, they did not permit having a haircut under such circumstances on Friday. Thus, if the thirtieth day of mourning falls on Shabbat, one is not permitted to have a haircut on Friday, the twenty-ninth day of mourning, as Chazon Ovadia—Aveilut, vol. 2 (p. 296) discusses at length and proves. It must therefore be that they customarily ruled leniently because from the outset they did not accept the mourning customs in this manner, in honor of Shabbat. The same applies in our case.
C). Even if this were merely a dispute among the poskim, it should be permitted, since we maintain that the halachah follows the lenient opinion in matters of mourning. This principle applies even in a dispute among poskim, as stated by the poskim. We find leading Acharonim who write that the halachah follows the lenient opinion in mourning even against the view of Maran the Shulchan Aruch, as written in Teshuvot Devar Moshe—Amarillo, vol. 1 (Yoreh De’ah, siman 80), and likewise in Teshuvot Chesed LeAvraham—Alkalai (Yoreh De’ah, siman 22, ot 4). This is also clear in Shulchan Gavoah (Yoreh De’ah, siman 401, s.k. 17), and is implied by Kaf HaChayim (siman 38, s.k. 14). See also Teshuvot Yabia Omer, vol. 2 (Yoreh De’ah, siman 25, ot 3), and Chazon Ovadia—Aveilut, vol. 3 (p. 108). Although in practice we do not rule leniently against the view of Maran the Shulchan Aruch, regarding the ancient mourning of Sefirat HaOmer the primary ruling follows the lenient view. The Pri Chadash (siman 493, se’if 2) likewise permits haircuts from the night of the thirty-fourth day on the grounds that the halachah follows the lenient view in this mourning. In our case, where there is no proof at all from Maran’s words that he was stringent in this matter, it certainly should be permitted.
D). It has been relayed to me in the names of HaGaon Rabbi Mordechai Eliyahu zatzal and HaGaon Rabbi Ben Zion Abba Shaul zatzukal that they too ruled that Sephardim should not be lenient in this matter. However, this is no proof, for they followed their own approach, in accordance with those who understand the view of Rabbeinu HaAri z”l to prohibit haircuts until Shavuot; indeed, many Sephardim in earlier generations followed this practice. Furthermore, some were stringent not to have a haircut on this day due to the will of Rabbi Yehudah HaChasid, but this is not required by the essential halachah. In Mishnah Berurah “Ish Matzliach” (siman 493, at the end of the volume), HaGaon Rabbi Meir Mazuz zatzukal writes that we have not heard of anyone who had a haircut on Rosh Chodesh Iyar when it fell on Shabbat, unlike the Mishnah Berurah’s ruling.
E). Therefore, we should not act merely because we draw analogies. Nevertheless, in my humble opinion, shaving or trimming one’s beard presents no concern according to any view. For even on every Erev Shabbat during Sefirah, those who are lenient regarding shaving the beard have upon whom to rely, as written in Chazon Ovadia—Yom Tov (p. 262): “Those who fear the word of Hashem are careful also regarding shaving the beard”; and it may be permitted when necessary, because the poskim in earlier times did not address beard shaving. Some support may also be adduced from the fact that the Shulchan Aruch emphasizes, concerning haircuts during Bein HaMetzarim, “both the hair of the head and all bodily hair” (siman 551), and likewise in the laws of mourning (Yoreh De’ah, siman 390), whereas in the laws of Sefirat HaOmer Maran writes only “haircut.” (It is strained to say that the unstated should be derived from the stated, for the laws of Sefirah come first; consider this well.) Although the widespread custom is to be stringent about this on every Erev Shabbat, on this Erev Shabbat, which possesses added sanctity, it may certainly be permitted in conjunction with all that has been explained.
F). Regarding those who are careful to observe the will of Rabbi Yehudah HaChasid (siman 48), which states: “On Rosh Chodesh, a person should not cut either his hair or his beard”—how should they proceed when this Rosh Chodesh falls on Erev Shabbat? Knesset HaGedolah cited above writes that one who is particular about the will of Rabbi Yehudah HaChasid may advance his shaving to Thursday, and that he himself acted accordingly. Shulchan Gavoah (ibid.) and Maran the Chida in Teshuvot Yosef Ometz (siman 40, ot 2) likewise write this. However, the opinion of HaGaon Rabbi Moshe Feinstein and HaGaon Rabbi Tzvi Pesach Frank zatzal, cited in Mishnah Berurah “Dirshu” (on the Mishnah Berurah there), is that in such a case one may have a haircut on Rosh Chodesh itself even if he is particular about the will of Rabbi Yehudah HaChasid, since he had no opportunity to have a haircut beforehand. This also appears from the unqualified wording of the Mishnah Berurah, who permits it without concern for the words of Rabbi Yehudah HaChasid, although in siman 260, s.k. 7, he cites them.
This response was translated automatically from Hebrew and has not yet been reviewed by a person. Therefore, it may contain inaccuracies and should not be considered a definitive reference.
This response was translated automatically from Hebrew and has not yet been reviewed by a person. It may therefore contain inaccuracies and should not be considered a definitive reference.
