5. Not to cut the Peyos – Cutting the hair in the Halachic location of the Peyos:[1]

As stated throughout this book, the entire purpose of the Upsherinish is to formally enter the child into education of Torah and Mitzvah’s, through the act of cutting his hair and leaving his Peyos intact. In this Halacha, we will discuss the various Halachic details associated with leaving one’s Peyos intact, including a background of the prohibition against removing the Peyos, the exact area of the head where the hairs of the Peyos are located and under the prohibition against being removed, the definition of removal and as to whether one may trim the hairs of the Peyos, and how short the trim may be.

Practical application for Upsherinish haircut: The following is the practical application of how to give your three-year-old child a haircut with the intent of leaving his Peyos intact which is the entire purpose of the Upsheranish ceremony. One is to avoid using less than a number two [by American blade] to cut any of the hair in the Halachic area of the Peyos, which includes the sideburn hair that is opposite the bottom of the ear of the child up until a circular area which begins from the very tip of the child’s ear up until the start of his temple hair which lays to the side of his forehead. The above is from the letter of the law, however practically being that children do not have much sideburn hair, it is customary to leave the sideburn hair to grow to a length of slightly below the ear, in order so his Peyos be apparent, and hence we avoid using a haircut machine in this area, and simply use a scissor to trim the Peyos if they reach below the ear.

A. The prohibition against removing the Peyos:

It states in scripture[2] that “One shall not round the corners of your head.” From this verse we learn that there is a Biblical prohibition in the Torah, listed as one of the 365 negative commands, against removing the hairs of the corners of the head.[3] This prohibition is transgressed whether he shaves his entire head, including these corners, or only shaves the area of the corners.[4] The sages explain[5] this prohibition to be against shaving and evening the hairs of the sideburns to the area behind the ears and forehead, which is an act that is done by idol worshipers and their priests. The reason behind this prohibition is to distance us from the ways of idolatry.[6]

The two corners – sideburns: The head contains two corners at the end of the head which are defined as Peyos, one to the left of the head and one to the right of the head.[7] One who shaves even one of these corners, is liable for lashes. If he shaves both corners then he is liable to receive lashes twice. Nevertheless, it is only counted as one negative commands as Scripture records the prohibition in a single sentence.[8]

Peyos of Woman:[9] Women are not prohibited against removing the hair of their Peyos.[10] Nevertheless, it remains forbidden for them to remove hair of a male Jew whether adult or child.[11] It is disputed whether a male Jew may remove the Peyos of a female, as will be explained.

Peyos of Child: It is Biblically forbidden for a Jewish man to remove the Peyos of a Jewish male child.[12] It is Rabbinically forbidden for a woman to do so.[13] Hence, when giving a haircut to a child one must beware not to remove the hairs of the Peyos. However, [from the letter of the law] a Jewish child may have his Peyos removed by a gentile.[14]

Having someone else remove one’s Peyos:[15] The Biblical prohibition against removing the hair of the Peyos applies whether one personally removes the hair from his Peyos, or has someone else do so for him, such as a barber. If he assists the barber in removing the hair from his Peyos then he is Biblically liable, and even if he doesn’t assist in removing the hair, it still remains forbidden to do so. Accordingly, it is forbidden even for a gentile to cut one’s Peyos hair.

Shaving the Peyos of a woman or gentile: Some Poskim[16] rule that it is permitted for a Jewish man to remove the hairs of the Peyos of a woman or gentile. Other Poskim[17], however, leave this matter in question.

B. The area of the Peyos:[18]

The two sideburns:[19] The Peyos are the two corners at the end of the head which are attached to the jaw, one to the left of the head and one to the right of the head. [This refers to the two sideburns, on the right and left of the head and face.] We will now explain the detailed measurements of this area.

Hamshveh Tzedav: As brought above, the sages[20] explain this prohibition to be against shaving [i.e. Hamashveh] the sideburns [i.e. Tzedav] so it be even with the area of skin behind the ears and the skin of the forehead. The meaning behind this statement is as follows: There is no growth of hair on one’s forehead or directly behind one’s ear. The prohibition is against shaving the patch of hair that is found between the forehead and ear, hence making the entire area from the forehead until the back of the ear free of any hair. This is what is defined in Chazal as “Hakafas Harosh.” We will now explain the detailed measurements of length and width of this area.

The width – Between forehead and Ear: The area of the sideburns which is under the Biblical prohibition against being removed includes all of the hair that is to the side of one’s forehead until the end of one’s ear. No hand may remove hair from this entire area. [This refers to the hair which is known as the sideburns, and temple hair. We measure the area of hair included in this prohibition by making a diagonal line from the edge of one’s forehand, where the temple hair begins, until the highest altitude tip of one’s ear. All the hair that is below this diagonal line is part of the Peyos and is forbidden to be removed. All hair that is above this diagonal line is not part of the Peyos and is permitted to be removed as any other hair of the head. Accordingly, the Peyos area of every individual is different and depends on the shape of his forehead, and as to where his temple hair begins to grow to the side of his forehead, which is the starting point of making the diagonal line to the tip of the ear.[21] The above is according to Halacha, however, according to Kabala, the custom is not to remove any of the hair between the ear until one third of the forehead.[22] Furthermore, it is customary to add at least 2 cm of hair to the above area of the corner which is under prohibition in order so one not come to accidentally cut the prohibited area.[23] Furthermore, many are accustomed to leave much more hair than is necessary to the side and to the top of the above forbidden area of the corner as a mere Hiddur Mitzvah.[24] Accordingly, it is not customary to shave the head up until the diagonal line of the Peyos hair, and rather a bunch of hair is left to remain on top of the diagonal line, forming a circle of hair by the temple area as is commonly done by Chassidishe haircuts.

The length – Until Jawbone splits: The area of the sideburns which is under the Biblical prohibition against being removed includes all of the hair that is to the side of one’s forehead, until below one’s ear, which is the area in which the lower jawbone splits [where the ear meets the jawbone and splits open when one opens his mouth]. No hand may remove hair from this entire area.

C. How much hair is forbidden to be removed from the Peyos area:

Some Poskim[25] rule that it is permitted for one to remove hair from the Peyos area so long as 40 hairs remain in the area. Other Poskim[26], however, rule that one is Biblically liable if he removes even two hairs from anywhere in the Peyos area. Practically, it is forbidden to remove even one hair from this area.[27]

D. Allowance to trim the hair located in the Peyos area and custom of those who don’t:[28]

It is permitted to trim the hair of the Peyos so long as it retains its minimum length, as explained next. [However, some Poskim[29] rule that one may not trim the Peyos at all and must let it grow its full length. Practically, the final ruling and widespread custom is like the former opinion and so was the custom of the Arizal[30], and so is the current[31] Chabad custom[32], to specifically trim the Peyos so it not be longer than the ear.[33] However, some are accustomed to follow the latter opinion and do not cut their Peyos at all.[34]]

E. To how short may the hair in the Halachic area of the Peyos be cut?[35]

Razer versus scissor: It is forbidden to cut the hairs in the Halachic area of the Peyos with a razor.[36] [It is however, permitted to cut it with a scissor, or haircutting machine, even if the result will be razor like, and no hair will remain.[37]] However, there are Poskim[38] who rule that it is [Biblically[39]] forbidden to cut the hair with scissors if the outcome will be similar to a razor [in which there is no hair at all left near the skin[40]]. Practically, one is to be stringent like their opinion.[41] [According to all, the Peyos may be cut with a scissor to a non-razer like shave.[42]]

Definition of razor like: Some Poskim[43] rule that each hair must be long enough to be folded over and touch its root, otherwise it is defined as razor like.[44] This is approximately the length of a .5 centimeter[45], which is the equivalent of a number 2 haircut on an American standard machine following the 8th inch system.[46] In the machines following the millimeter system, it is equivalent to a 5-6 number haircut.[47] Other Poskim[48], however, rule that any amount suffices, so long as it does not look like it was cut with a razor. Hence, according to them one may take a number 1 haircut.[49] Practically, the widespread custom is like the former opinion to leave a half a centimeter of hair [number 2 American machine haircut] by the Peyos, and not cut it any shorter.[50] All the above is from the letter of the law, however, it is a Mitzvah to leave the Peyos long and visible to show that one beautifies himself with Hashem’s Mitzvos, and they are a testimony for the Jewish people and a good sign for them.[51]]

Summary: The hairs in the Halachic area of the Peyos may be cut with a scissor or hair cutting machine, but not with a razor. One is to be stringent, and so is the custom, to leave a length of .5 centimeters [5 millimeters] by the hairs in the Halachic area of the Peyos. This is equivalent to a number 2 haircut in American haircutting machines that follow the 18th of an inch system, while in machines that follow the millimeter system this is equivalent to a number 5-6 haircut.

F. Placing the Peyos behind or covering ears:[52]

A person should avoid covering his ears with his Peyos during Shemoneh Esrei and throughout Davening. [Some[53] learn that one is to be particular in this throughout the day and not just during prayer. Some[54] learn that this means that one is not to place the Peyos behind the ears, although others[55] learn this to mean that the Peyos should not be placed on the ear, covering the hole, although may be placed behind the ear. Regarding the Chabad custom, Chassidim from Russia were accustomed to tie their Peyos on their ears.[56] Nonetheless, in a published letter the Rebbe records in the name of the Munkatcher that this should not be done.[57]]

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[1] See Michaber Y.D. 182; Rambam Avoda Zara chapter 12; Makos 20a; Nitei Gavriel Chapter 6

[2] Vayikra 19:27

[3] Rambam Sefer Hamitzvos L.S. 43; Chinuch Mitzvah 251, L.S. 31

[4] Michaber Y.D. 181:2; Rambam Avoda Zara 12:1; Nazir 58a

[5] Makos 20b; Chinuch ibid

[6] Chinuch ibid; Rambam Avoda Zara 12:1; Sefer Hamitzvos L.S. 43; Moreh Nevuchim 3:37; Semag 57; Orchos Chaim; Kol Bo;

[7] Michaber Y.D. 181:1; Mishneh Makos 20b;

[8] Chinuch ibid; Rambam Sefer Hamitzvos L.S. 43

[9] See Michaber Y.D. 181:5-6

[10] Michaber Y.D. 181:6; Mishneh Kiddushin 29a; 35b; Makos 20a; Chinuch Mitzvah 251, L.S. 31; Rif Makos 4a; Rosh Makos 3:2-3

[11] Opinion of Michaber Y.D. 181:6; Tur 181; Rambam and Raavad Avoda Zara 12:5; Chinuch Mitzvah 251, L.S. 31; Nazir 41a

[12] Michaber Y.D. 181:5; Rambam Avoda Zara 12:1; Rav Huna in Nazir 57b; Chinuch Mitzvah 251, L.S. 31; Rif Makos 4a; Rosh Makos 3:2-3;

[13] Opinion in Michaber Y.D. 181:6; Implication of Rama 181:5; Tur 181; Rambam and Raavad Avoda Zara 12:5; Chinuch Mitzvah 251, L.S. 31; Nazir 41a

[14] Rama Y.D. 181:5; Ran; Nimukei Yosef Makos 4:1; See Beis Efraim Y.D. 62

[15] Michaber Y.D. 181:4; Tur 181; Semag L.S. 57; Semak 71; Tosafus Shavuos 3a and Bava Metzia 10b; Rav Chisda Makos 20b

[16] Stam opinion in Rama Y.D. 181:5; Nimukei Yosef Makos 4:1 in name of Tosafos HaRosh Nazir 57b; See Chikrei Lev Y.D. 59

[17] Yeish Mistapkin in Rama ibid; Nimukei Yosef ibid in name of Yiehs Omrim

[18] Michaber Y.D. 181:9; Rashi Makos ibid; See Shaar Hamitzvos Parshas Kedoshim; Beis Lechem Yehuda Y.D. 181; Atzei Levona 182:2; Darkei Teshuvah 181:13; Imrei Yosher 123; Eretz Tzevi 3; Nitei Gavriel 6:1-4; Peios Zekanecha [Ades]

[19] Michaber Y.D. 181:1; Mishneh Makos 20b

[20] Makos 20b; Chinuch ibid

[21] Darkei Teshuvah 181:13; Yad Haketana on Rambam 

[22] Shaar Hamitzvos Parshas Kedoshim, brought in Beis Lechem Yehuda Y.D. 181 and Atzei Levona 182:2; See Nitei Gavriel 6 footnote 1 for the definition of this measurement

[23] Shaar Hamitzvos Parshas Kedoshim; Mishnas Chassidim Miseches Yom Hashishis 5:4; Kesones Yosef 1; Darkei Teshuvah 181:13; Nitei Gavriel 6:3

[24] Darkei Teshuvah 181:13; Orchos Rabbeinu; Nitei Gavriel 6:4 footnotes 5-6

[25] Rambam Hilchos Avoda Zara 12:6; Ishus 2:16; Chinuch Mitzvah 251, L.S. 31; See Chasam Sofer Y.D. 139

[26] Beis Yosef 181; Semag L.S. 57; Tosefta Makos 4:4; See Bach 181

[27] Setimas HaMichaber in 181:9 who writes “Lo Siga Bo Yad”; Biur Hagr”a ibid that he holds like Semag

[28] Michaber Y.D. 181:3; Tur in name of Rambam; Rosh Makos 3 and Shavos, brought in Tur 181; Tosafus Shavuos 2b and Nazir 41b; Tosafus Shantz Makos; Chochmas Adam 89:16 that so applies according to all; Shaar Hamitzvos and Taamei Hamitzvos Parshas Kedoshim, brought in Beis Lechem Yehuda Y.D. 181; Tzemach Tzedek Y.D. 20; Darkei Teshuvah Y.D. 181:16; Nitei Gavriel 6:5 footnote 8

[29] Rashal in Yam Shel Shlomo Yevamos 12:18 in name of Aguda and that so he received from his teacher; Migdal Oz on Rambam Avoda Zara 12:8; Tzemach Tzedek Y.D. 93 that so is opinion of Rashi and Tosafus; See Peas Sadeh 44; Tiferes Yisrael Mishnayos Makkos 3; Beir Moshe 1:62;  Torah Leshma 389 that the longer and more apparent they are, the greater the beautification of the Mitzvah; Gloss of Kesav Sofer on Y.D. 181 in name of his father ibid that those who leave the Peiyos grow until the chin are mistaken although it is an act of holiness; Darkei Shalom of Maharsham in Hakdama that Rav Meir Mipramishlon told him not to cut the Peiyos for all his life, and that it is a Segula for long life

[30] Shaar Hamitzvos  and Taamei Hamitzvos Parshas Kedoshim “My master [the Arizal] would allow the Peiyos to grow until they reached the area of the beard, in which case he would cut them [so they do not protrude into the area of the beard]”

[31] However, in Russia Chassidim were accustomed to have long Peyos and tie their Peyos on their ears. [Nitei Gavriel 6:5 footnote 8] Likewise, there are many Sippurei Chabad which mention that Reb Hillel of Paritch had long Peyos.

[32] Igros Kodesh 20:10, printed in Shulchan Menachem 4:132

[33] Darkei Teshuvah ibid that the Shiniva Rav said that from the jaw and below it is the hair of a horse; Nitei Gavriel 6:5 footnote 8 and footnote 9 that so did the Rav of Rimnov

The reason: In order not to mix the rays of the hair of the head with the hairs of the beard. [Igros Kodesh ibid]

[34] Custom of Ashkenazim brought in Ben Ish Chayil 1 p. 30; So is customary of Chassidim outside of Chabad, the Old Yerushalmi Jewry, and so is the custom of Yemenite Jewry; Rav of Rapshitz; Rav of Komnika; Rav of Belz; Keses Hasofer; Hagahos to Shut Min Hashamayim 28; Nitei Gavriel 6:5 footnote 9

[35] Michaber Y.D. 181:3

[36] Stam opinion in Michaber ibid; Tur in name of Rambam Avodas Kochavim 12:6; Ritva Shavuos 3a

[37] So is the ruling of the Stam opinion ibid; Chochmas Adam 89:16

[38] 2^nd opinion in Michaber ibid;  Rosh Makos 3:2-3 and Shavos, brought in Tur 181; Tosafus Shavuos 2b and Nazir 41b; Tosafus Shantz Makos; Piskeiy Tosafus Makos 27; Shaareiy Teshuvah [Rabbeinu Yona] 78; Semak 71; Shut Min Hashamayim 28 that whoever is lenient they are lenient with his days; Rabbeinu Yerucham Nesiv 17:5 p. 159 that so is main opinion; Shita Mekubetzes Nazir 41b; See Orchos Chaim 2:22 in name of Ramban; Meiri Makos p. 101; Kol Bo Avoda Zara in name of Rav Yitzchak; Opinion brought in Biur Halacha 251:2

[39] Chochmas Adam 89:16 that one is liable for lashes; Biur Halacha 251:2 “One transgresses a Lav and is liable for Malkus”

[40] Chochmas Adam 89:16 “He cuts near the skin and leaves no hair at all near the skin”

[41] Michaber ibid “One is to suspect for their opinion”; Chasam Sofer Y.D. 139-140; See Zera Yitzchak Y.D. 12, brought in Darkei Teshuvah 181:4, that the Michaber does not rule like this opinion but simply writes to suspect for them. Hence, Beideved if one transgressed and shaved it similar to a razor shave, he does not need to do Teshuvah

[42] Chochmas Adam 89:16

[43] Chasam Sofer 154; Gloss of Kesav Sofer on Y.D. 181 in name of his father ibid; Teshuvas Rav Akiva Eiger 63; Darkei Teshuvah 181:15; Torah Leshma 389; Minchas Yitzchak 4:113-5; See Melamed Lehoil 64; Tzur Yaakov 1:100; Sefer Liba Baiy; Sheal Shaul 99

[44] The reason: As this is the amount listed regarding Tzaraas and Nezirus [Rambam Tzaraas 8:6; Nezirus 5:11; See Mishneh Nida 52b for dispute between Rebbe Yishamel and Rebbe Elazar] and so would apply to all other cases, that hair which is less than this amount is considered non-existent. [Poskim ibid] There are, however, other measurements of hair mentioned which are less than this amount. See Michaber E.H. 155:18 regarding a Gedola for Miun that the measurement is if one can cut the hair with scissors, however, regarding a Gedola for Chalitza we require it to be able to reach its root.

[45] Rav Elyashiv, brought in Sefer Peas Zekanecha p. 19 and Lishcheino Tidroshu 1:301; It is recorded in the name of Rav Aaron Kutler a measurement of 1 fingers width, which is 2 centimeters long. [See Hadras Panim Zakein p. 365 footnote 38 who brings the basis of this ruling from Bach E.H. 155; However, in truth that is not the measurement of bending the hair back to its root, but the measurement for not requiring a groove under the hair, as explained in Beis Shmuel 155:28 and Taz in Pirush on Seder Chalitza 27

[46] In the 1/8^th of an inch system machines, the numbers go up by 1/8^th of an inch. Thus, a number 1 is 1/8^th of an inch [3.3 cm] while a number 2 is 2/8^th [1/4] of an inch [5.5 cm]; a number 3 is 3/8^th of an inch, which is  a number 4 is half an inch.

[47] Some machines, especially European [i.e. German] and Asian made, follow the millimeter measurement system, and hence it is imperative when getting a haircut to verify the number system being followed, and that whatever system is used, one leaves a half a centimeter of hair length by the Peiyos.

[48] See Rosh Perek 3:2; Chochmas Adam 89:16 that even the stringent opinion only prohibits if there is “no hair at all left near the skin”; Chidushei Hagriz Nazir 40b; Shaar Hachaim 9; Implication of Biur Halacha 251:2 “One must leave at least a little of a little”

[49] Possibly even a zero, no blade, haircut would be allowed accoridng to this opinion as it usually leaves .5 millimeters of hair on the scalp, and does not remove all the hair.

[50] Darkei Teshuvah 181:15 in name of Kesav Sofer

[51] Torah Leshma 389; Ben Ish Chayil 1 p. 30; Nitei Gavriel 6:5 footnote 9

[52] Zohar Chadash p. 27; Yesod Veshoresh Havoda 5:2; See Sefer Shemiras Haguf Vihanefesh [Lerner] 77; Minhag Yisrael Torah O.C. 91:5

[53] Darkei Chaim Veshalom 880

[54] Darkei Chaim Veshalom 880

[55] Otzros Yerushalayim 138:224

[56] Nitei Gavriel 6:5 footnote 8

[57] Igros Kodesh 20:10 printed in Shulchan Menachem 4:132