2. The source and status of obligation:

A. When did the custom begin?[1]

The custom of the Upsherinish dates back many generations, although not amongst all Jewish communities. Its first written source is in the writings of the Arizal[2], which discusses the Upshrinish ceremony that the Arizal performed on his son in approximately the year 1570. The Arizal, shortly after arriving to Tzefas from Egypt took his young son on Lag Baomer to Meron to have his haircut. Rav Chaim Vital concludes “As is the known custom.” Another haircutting ceremony is recorded in the responses of the Radbaz[3], who was a teacher of the Arizal back in Egypt, regarding one who vowed to cut his son’s hair by the Kever of Shmuel Hanavi. The Radbaz writes that this ceremony has already become common practice and has the status of a Neder. Nonetheless, both of these records do not include the details of the ceremony, nor the age of the child who had his hair cut, and from the description of the Radbaz, it is understood that the ceremony was used as a form of charity towards the Kever, as the people would donate the weight of the cut hair to the burial site. It is unclear as to how far back this custom actually goes, but one thing is for certain, that in the times of the Arizal and Radbaz it was already a known custom. However, we do find evidence that in those days this custom was only widespread in Eretz Yisrael, while in the Diaspora, the custom was not yet known.[4] Likewise, many of the Achronim, all mention this custom in reference to Eretz Yisrael.[5] Nonetheless, today, this custom has become widespread even amongst people of the Diaspora.[6] Indeed, the Alter Rebbe was brought to the Baal Shem Tov on his third birthday for his Upsherinish.[7] Likewise, the Tzemach Tzedek had his hair cut on his third birthday by his grandfather, the Alter Rebbe.[8] Likewise, the Rebbe Rashab had his hair cut discreetly on his third birthday by his grandfather the Tzemach Tzedek.[9] Accordingly, it seems that this custom began becoming widespread in the Diaspora through the students of the Baal Shem Tov and the Chassidic movement.[10] This custom is a tradition of the Chabad Rabbeim from generation to generation.[11]

B. Status of obligation and what communities follow it:

Although the custom of the Upsherinish is not recorded in the Shulchan Aruch and not mention in the vast majority of Achronim[12], nonetheless, the Poskim of recent generations record this custom as a custom of all Jewry which is to be respected.[13] The Rebbe[14] stated that the custom has the full status of all Minhagei Yisrael which is Torah[15], and is possibly under the definition of a positive and negative command.[16]  [With that said, one cannot ignore the fact that there still remains communities to this very day, especially from Lithuanian Jewry, who do not perform the Chalaka ceremony, and some are even opposed to it. As stated, originally this custom was not widespread in communities of the Diaspora, and some claim opposition to its performance as it resembles ceremonies practiced by Indian tribes of idolatry to cut the hair of a child at age 3. Its widespread performance today is mainly among Sephardic and Chassidic communities.[17]]

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[1] See Nitei Gavriel Upsherinish in Introduction; See Sichas 26^th Menachem Av 5713 [published in Shulchan Menachem 5:28] that cutting the hair at age three is first mentioned in the Achronim, although is seemingly an old tradition

[2] See Shaar HaKavannos, Inyan Sefiras HaOmer, 12; Peri Etz Chayim, Shaar Sefiras HaOmer, ch. 7; Matzeivos Kodesh, p. 101; Naggid Mitzvah p. 64; Mishnas Chassidim Iyar 7

[3] Radbaz 1:513 and 2:608

[4] See Sefer Tal Yerushalayim p. 38 “The people of the diaspora know nothing of this custom and when they come to Eretz Yisrael and see the ceremony, they begin questioning it.”; See Keser Shem Tov Gagin p. 591 that in London they know nothing of this custom

[5] Ginas Veradim Gan Hamelech 62; Devar Moshe 1:45; Nechpa Bakesef 2:7; Mizbeiach Adama p. 7; Shulchan Gavoa 531:13; Shaareiy Teshuvah 531:7; Kaf Hachaim 531:30; Shivim Temarim 68

[6] Likkutei Sichos 22:329

[7] Likkutei Dibburim 3:481

[8] Sefer Hasichos 5700 p. 40

[9] Sefer Hamamarim 5710 p. 163

[10] See Nitei Gavriel Mavo p. 23-24

[11] Likkutei Sichos 22:329

[12] Omitted form Seder Yaavetz

[13] Arugas Habosem 210; Maharam Brisk 2:98; Afrakasta Deanya 161

[14] See Igros Kodesh 7:235; Likkutei Sichos 22:329

[15] See Admur 494:16; Rama Y.D. 376:4; Tosafus Menachos 20b; Maharil; Minhagim Yisheinim Midura p. 153; Yerushalmi Pesachim 4:1

[16] See Igros Kodesh 7:235 that it is implied from Rambam beginning of Hilchos Mamrim that Minhagim that have become accepted upon all Jewry enter into the Geder of a positive and negative command; See also Choshen Mishpat 25 Urim 22; Admur Talmud Torah 2

[17] See Nitei Gavriel Mavo p. 24

[18] Siddur Maharid end of Vol. 1 p. 169b; Likkutei Sichos 22:329; See Likkutei Torah Sukkos 80 regarding the Nissuch Hamayim