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The Shulchan Aruch · Yoreh De'ah

יורה דעה ש״צYoreh De'ah 390

Siman 390 of 402 in Yoreh De'ah — 7 se'ifim

הלכות אבילותMourning· siman 390

Se’if 1א׳

אָבֵל אָסוּר לְגַלֵחַ שְׂעָרוֹ, אֶחָד שְׂעַר רֹאשׁוֹ וְאֶחָד שְׂעַר זְקָנוֹ וְאֶחָד כָּל שֵׂעָר שֶׁבּוֹ, וַאֲפִלוּ שֶׁל בֵּית הַסְתָרִים, כָּל ל' יוֹם. וּשְׂעַר שֶׁל הַשָּׂפָה וּמֵהַצְּדָדִים, כָּל שֶׁמְּעַכֵּב אֶת הָאֲכִילָה, תּוֹךְ ז' אָסוּר; אַחַר שִׁבְעָה, מֻתָּר.

A mourner is forbidden to cut his hair,1M.K. 14a, b, derived from the Biblical injunction, ‘Let not the hair of your heads go loose’ (Lev. X, 6), whence we infer that for everyone else cutting the hair is forbidden. Cf. Ez. XLIV, 20. If a mourner is invited to be the Sandek at a circumcision, or if he is the Mohel, he is forbidden to cut his hair and this does not come within the ruling mentioned infra § 391, 2 Gloss on the authority of MaHaRIL — P.Tesh. both the hair of his head as well as the hair of his beard, or any hair that he has [on his body], even that of the secret parts, — for the entire thirty days.2Sem(H). VII, 1 also ibid. p. 230. Cf. Asheri to M.K. 23a; Yeb. 43a, Tosaf. s.v. במקום. [As to] the hair of the upper lip and that which [droops] on the sides,3M.K. 18a in accord with Samuel. — [the law is that] whatsoever causes a hindrance in partaking of food,4Ibid. in accord with R. Ammi. is forbidden [to be trimmed] during the seven [days of mourning] and permitted after the seven [days of mourning].5Tur on the authority of Ghayyat and Hal. Ged. M.K. ibid., Tosaf. s.v. ובגנוסטרי. In B.Yos. Caro states that this was permitted only on Ḥol ha-Moed in accord with Yad, Ebel V, 2 and RaBaD, but not with respect to mourning. Kes. Mish. ibid. Sem(H) ibid. is adduced that trimming the upper lip and the drooping sides was permitted only with respect to Ḥol ha-Moed, but not regarding mourning. N in T.H. cites Y.M.K. III, 1(82a) according to which even during the seven days of mourning this would be permitted. Caro (in B.Yos.) also quotes Y. ibid., but makes a compromise and rules in accord with Ghayyat. W.G. states that the ruling of N in T.H. is fundamental.

Se’if 2ב׳

יָשַׁב לְגַלֵחַ, וְאָמְרוּ לוֹ: מֵת אָבִיו, הֲרֵי זֶה מַשְׁלִים רֹאשׁוֹ, אֶחָד הַמְגַלֵחַ וְאֶחָד הַמִּתְגַלֵחַ; וּמַה שֶּׁהַסַפָּר גוֹמֵר, הַיְנוּ בִּדְלֵיכָּא סַפָּר אַחֵר בְּמָתָא.

[If a man] sat down to have his hair cut, and he was told that his father6Or any other near-of-kin for whom he must observe mourning rites. died, he may complete [cutting the hair of] his head, both if the hair-cutter as well as the one who was having his hair cut [suffered the bereavement];7On the principle that human dignity (in proper appearance) is very important (Men. 37b) — TaZ. Sem(H). V, 8; Y.Shab. I, 2(3a); M.K. 23b, Tosaf. s.v. ואינו; Asheri to M.K. Since this law is also found in Y.Shab. ibid. it seems that in the present ruling too, the same standard of time applies as in the case of hair-cutting on the eve of the Sabbath, viz., that hair-cutting commences from the time he places the hair-cutter’s wrap upon his knees (Shab. 9b) — R.A.Eger. and the fact that the hair-cutter may complete [the hair-cut, even after he was informed that he suffered a bereavement] applies [only in the case] where no other hair-cutter is available in the town.8Mord. to M.K.

Se’if 3ג׳

כָּל אוֹתָם שֶׁאָמְרוּ מֻתָּר לְגַלֵחַ בְּחֹל הַמּוֹעֵד, אִם אֵרְעוֹ אֶחָד מֵאֵלוּ קֹדֶם הָאֲבֵלוּת, וְנִכְנַס מִיָּד תּוֹךְ הָאֵבֶל, אָסוּר לְגַלֵחַ. אֲבָל אִם אֵרְעוֹ אֶחָד מֵאֵלוּ, וּתְכָפוּהוּ מִיָּד שְׁנֵי אֲבֵלוּת זֶה אַחַר זֶה, מְגַלֵחַ כְּדַרְכּוֹ, בֵּין בְּתַעַר בֵּין בְּמִסְפָּרַיִם, וַאֲפִלוּ תּוֹךְ שִׁבְעָה. וְאָדָם אֶחָד שֶׁתְּכָפוּהוּ אֲבֵלָיו זֶה אַחַר זֶה, מֵקֵל שְׂעָרוֹ בְּתַעַר אֲבָל לֹא בְּמִסְפָּרַיִם. וּבִלְבַד שֶׁיַּעֲשֶׂנּוּ בְּצִנְעָא (בֵּית יוֹסֵף בְּשֵׁם הָרַמְבַּ"ן).

All those concerning whom they [the Sages] said that it is permissible [for them] to cut their hair during Hol ha-Moed,9 Glos. The following are permitted to cut their hair during Ḥol ha-Moed: One arriving from beyond the sea, or one coming out of captivity or prison, or one under a ban and was released by the Sages, or one who applied to a Sage and was released from a vow not to cut his hair, and a Nazirite or a leper who has come forth from uncleanness to cleanness (Mishna, M.K. 13b). supra § 389, 1., — if any of these things happened to one prior to the [period of his] mourning, and [subsequently] he entered forthwith into the [period of his] mourning, — [the law is that] he is forbidden to cut his hair; but if one of these things happened to him [the mourner], and [following which], he suffered one bereavement immediately after another,10M.K. 17b in accord with R. Ḥisda. — [the law is that] he cuts his hair in his usual manner, both with a razor or a scissors, even during the seven [days of mourning].11T.H., for the Gemara ibid. mentions in the same Baraitha where the present law is taught, ‘and he washes his garment with water,’ and since the latter may be done even during the seven days of mourning (v. supra § 389, 1), so also here with respect to cutting the hair. However, another person who suffered one bereavement after another,12e., one to whom the aforementioned things did not happen (v. n. 9 supra). The second bereavement was sustained at the conclusion of the thirty days of mourning after the first bereavement. may make his hair lighter with a razor but not with a scissors,13He makes a change in the manner of cutting his hair. Hence, he uses a razor, for ordinarily one uses a scissors. provided he does it in privacy.14B.Yos. on the authority of N — G. Cf. O.Ḥ. § 531.

…and 2 more se'ifim in this siman.

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Shulchan Aruch, Yoreh De'ah — Torat Emet 357 edition, via Sefaria — public domain

English: Code of Hebrew Law, tr. Chaim N. Denburg, Montreal 1955 — CC BY