From the Ravs Desk: Latest articles and Q&A [Tuesday 24th Nissan 5785]

During the three weeks may one may give another person a haircut when he is in mourning but the other person is not [i.e. a Sefardi until the week of, or a gentile]?[1]

It is permitted to do so.[2]

[1] See Nitei Gavriel Bein hametzaim 19:14; So is proven from the following laws: 1) Nowhere does it state that a mourner may not give a haircut to another person and the prohibition is written only as that it is forbidden for him to get a haircut. 2) Regarding cutting a child’s hair during the three weeks, no mention is made by the Poskim [See Michaber 551:14; M”A 551:38] that it should be prohibited to do so due to the fact that one may not cut another person’s hair, hence proving, that there is no issue with cutting another persons hair, so long as that of the person is not in a state of mourning.

Erev Shabbos, Erev Pesach, Chol Hamoed: All the above is only with regards to when the restriction against getting a haircut is due to reasons of mourning in which case we apply only to the mourner, however, whenever a haircut is forbidden due to the prohibition of Melacha such as on Erev Shabbos, Erev Pesach, Chol Hamoed, then obviously it is forbidden for him to both give himself a haircut, or give a haircut to another, even a gentile, unless one of the exceptions listed in the Poskim applies. [See Admur 251:4 that one may not give a gentile a haircut on Erev Shabbos after the time of Mincha] However, on some of these occasions a gentile may give him a haircut, as the prohibition is on the person doing the work and not on the person getting the haircut. [Admur 468:4 regarding Erev Pesach]

[2] The reason: As the haircut prohibition is an intrinsic prohibition on the mourner to not have his haircut and groomed; that he should not get a haircut either by personally cutting his hair or having another person cut it. However, there is no prohibition for him to cut someone else’s hair was not in a state of a mourning.

Accordion Content

May one during Shiva give another person a haircut?^[1]

Seemingly no, as an Avel during Shiva is prohibited to perform Melacha.

[1] See Admur 251:4 that one may not give a gentile a haircut on Erev Shabbos after the time of Mincha

May one during Shloshim give another person a haircut?^[1]

It is permitted to do so.^[2]

[1] See Nitei Gavriel Bein hametzaim 19:14; So is proven from the following laws: 1) Nowhere does it state that a mourner may not give a haircut to another person and the prohibition is written only as that it is forbidden for him to get a haircut. 2) Regarding cutting a child’s hair during the three weeks, no mention is made by the Poskim [See Michaber 551:14; M”A 551:38] that it should be prohibited to do so due to the fact that one may not cut another person’s hair, hence proving, that there is no issue with cutting another persons hair, so long as that of the person is not in a state of mourning.

Erev Shabbos, Erev Pesach, Chol Hamoed: All the above is only with regards to when the restriction against getting a haircut is due to reasons of mourning in which case we apply only to the mourner, however, whenever a haircut is forbidden due to the prohibition of Melacha such as on Erev Shabbos, Erev Pesach, Chol Hamoed, then obviously it is forbidden for him to both give himself a haircut, or give a haircut to another, even a gentile, unless one of the exceptions listed in the Poskim applies. [See Admur 251:4 that one may not give a gentile a haircut on Erev Shabbos after the time of Mincha] However, on some of these occasions a gentile may give him a haircut, as the prohibition is on the person doing the work and not on the person getting the haircut. [Admur 468:4 regarding Erev Pesach]

[2] The reason: As the haircut prohibition is an intrinsic prohibition on the mourner to not have his haircut and groomed; that he should not get a haircut either by personally cutting his hair or having another person cut it. However, there is no prohibition for him to cut someone else’s hair was not in a state of a mourning.

May one may give another person a haircut when he is in mourning but the other person is not?[1]

It is permitted to do so.[2]

[1] See Nitei Gavriel Bein hametzaim 19:14; So is proven from the following laws: 1) Nowhere does it state that a mourner may not give a haircut to another person and the prohibition is written only as that it is forbidden for him to get a haircut. 2) Regarding cutting a child’s hair during the three weeks, no mention is made by the Poskim [See Michaber 551:14; M”A 551:38] that it should be prohibited to do so due to the fact that one may not cut another person’s hair, hence proving, that there is no issue with cutting another persons hair, so long as that of the person is not in a state of mourning.

Erev Shabbos, Erev Pesach, Chol Hamoed: All the above is only with regards to when the restriction against getting a haircut is due to reasons of mourning in which case we apply only to the mourner, however, whenever a haircut is forbidden due to the prohibition of Melacha such as on Erev Shabbos, Erev Pesach, Chol Hamoed, then obviously it is forbidden for him to both give himself a haircut, or give a haircut to another, even a gentile, unless one of the exceptions listed in the Poskim applies. [See Admur 251:4 that one may not give a gentile a haircut on Erev Shabbos after the time of Mincha] However, on some of these occasions a gentile may give him a haircut, as the prohibition is on the person doing the work and not on the person getting the haircut. [Admur 468:4 regarding Erev Pesach]

[2] The reason: As the haircut prohibition is an intrinsic prohibition on the mourner to not have his haircut and groomed; that he should not get a haircut either by personally cutting his hair or having another person cut it. However, there is no prohibition for him to cut someone else’s hair was not in a state of a mourning.

1. Question:

May one do Shiluach Hakein to birds that made a nest in ones property?

Answer:

Birds, or eggs or chicks which one owns or have nested inside one’s house are exempt from the Mitzvah of Shiluach Hakein. If the nest is found in ones property outside ones home, such as in ones backyard and the like, then one is obligated in the Mitzvah of Shiluach Hakein. However, if the mother bird was lifted from the nest either by one sending her away, or by her flying off the eggs/chicks on her own, then ones property automatically merits him the ownership of the nest and its chicks/birds if it is Halachically defined as a Chatzer Hamishtameres, and once again one becomes exempt from the Mitzvah of Shiluach Hakein. [Thus practically being that the mother always flies away to get food one is almost always exempt from the Mitzvah of Shiluach Hakein, unless one’s Chatzer is defined as a Chatzer Lo Mishtameres. However technically, even by a Chatzer Hamishtameres, if one wants specifically to do the mitzvah he can declare prior to the bird laying eggs that he does not want his property to acquire it and that the eggs remain Hefker, and then do the Mitzvah later on.]

Sources: See Michaber Y.D. 292:2 Perat Lemizuman”; Rambam Shechita 13:10; Chulin 138b; Shach 292:2, 5-6; Taz 292:3, 7; Birkeiy Yosef 292:4; Shiluach Hakein Kehalacha [Presberg] chapter 9