Chapter 20: Yoreh Deah – Chinuch & Katan Laws
Introduction to Chapter 20
This chapter covers a variety of miscellaneous subjects within Yoreh Deah that relate to the education, upbringing, and halachic status of children. While many of the major areas of chinuch have already been discussed in the previous chapters, a number of important topics remain that do not fit neatly into any single category.
Included in this chapter are discussions relating to matters such as ribbis, tzedakah, Talmud Torah, Mourning, and numerous other practical areas of Jewish life in which the halachic status of a child differs from that of an adult. Some of these laws focus on the obligation to educate children in proper observance, while others address the legal capacity of a child to perform various halachic acts or the responsibilities of parents and educators towards them.
Although these topics may appear unrelated, they all share a common theme: helping parents and educators properly guide children in the practical observance of Torah and mitzvos while taking into account the unique halachic status of a minor. The following chapter will therefore address these various Yoreh Deah matters and their application to the world of chinuch.
1. Ribbis and Children [1]
It is forbidden for one to borrow or lend money to a child for interest. Seemingly this applies to a child of any age and to any individual due to the Issur of Sefiyah.
Educating Children Regarding Ribbis:[2] A parent should not accustom a child to engage in transactions involving ribbis (interest), even in situations where the arrangement may be technically permitted. Since ribbis is a serious Torah prohibition and many of its laws are complex, children should be educated from a young age to conduct financial matters in a manner that is entirely free of any concern of interest.
Lending a Child’s Money With Interest:[3] Money that belongs to a child may not be lent with interest, even when the interest involved is only rabbinically prohibited. Accordingly, a parent or guardian may not invest or lend a child’s personal funds in a manner that involves prohibited ribbis.
Funds of Orphaned Minors:[4] An exception exists regarding funds belonging to orphaned minors. In order to preserve and increase the assets of the orphans, Chazal permitted their money to be lent with rabbinically prohibited interest under certain circumstances. This special leniency was enacted for the benefit of the orphaned children and does not apply to the ordinary funds of other minors.
2. Peiyos Not to cut the Peyos: [5]
- The prohibition against removing the Peyos:
It states in scripture[6] 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.[7] This prohibition is transgressed whether he shaves his entire head, including these corners, or only shaves the area of the corners.[8] The sages explain[9] 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.[10]
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.[11] 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.[12]
Peyos of Woman:[13] Women are not prohibited against removing the hair of their Peyos.[14] Nevertheless, it remains forbidden for them to remove hair of a male Jew whether adult or child.[15] 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.[16] It is Rabbinically forbidden for a woman to do so.[17] 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.[18]
Having someone else remove one’s Peyos:[19] 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[20] rule that it is permitted for a Jewish man to remove the hairs of the Peyos of a woman or gentile. Other Poskim[21], however, leave this matter in question.
- The area of the Peyos:[22]
The two sideburns:[23] 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[24] 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.[25] 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.[26] 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.[27] 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.[28] 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.
- How much hair is forbidden to be removed from the Peyos area:
Some Poskim[29] 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[30], 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.[31]
- Allowance to trim the hair located in the Peyos area and custom of those who don’t:[32]
It is permitted to trim the hair of the Peyos so long as it retains its minimum length, as explained next. [However, some Poskim[33] 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[34], and so is the current[35] Chabad custom[36], to specifically trim the Peyos so it not be longer than the ear.[37] However, some are accustomed to follow the latter opinion and do not cut their Peyos at all.[38]]
- To how short may the hair in the Halachic area of the Peyos be cut?[39]
Razer versus scissor: It is forbidden to cut the hairs in the Halachic area of the Peyos with a razor.[40] [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.[41]] However, there are Poskim[42] who rule that it is [Biblically[43]] 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[44]]. Practically, one is to be stringent like their opinion.[45] [According to all, the Peyos may be cut with a scissor to a non-razer like shave.[46]]
Definition of razor like: Some Poskim[47] rule that each hair must be long enough to be folded over and touch its root, otherwise it is defined as razor like.[48] This is approximately the length of a .5 centimeter[49], which is the equivalent of a number 2 haircut on an American standard machine following the 8th inch system.[50] In the machines following the millimeter system, it is equivalent to a 5-6 number haircut.[51] Other Poskim[52], 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.[53] 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.[54] 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.[55]]
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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.
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- Placing the Peyos behind or covering ears:[56]
A person should avoid covering his ears with his Peyos during Shemoneh Esrei and throughout Davening. [Some[57] learn that one is to be particular in this throughout the day and not just during prayer. Some[58] learn that this means that one is not to place the Peyos behind the ears, although others[59] 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.[60] Nonetheless, in a published letter the Rebbe records in the name of the Munkatcher that this should not be done.[61]]
- Non-Jewish music and lullabies:[62]
It is forbidden to sing or listen to music that was composed for idolatry or contains heretical, forbidden, inappropriate or sexually stimulating lyrics and messages.[63] Singing or listening to such music creates a bad nature within the person, and ignites his inclination towards sin.[64] The Talmud states that Acher was drawn to heresy due to his singing the songs of the Greeks.[65] The above applies even towards an infant, that one is to greatly beware that even an infant does not listen to forbidden gentile music as it will have a negative effect on his character.[66] The child’s soul understands the words and internalizes them, hence having an effect on him when he is older.[67] [This prohibition only applies towards songs that contain immoral or improper lyrics, and does not negate the singing of gentile melodies used as lullabies. Nevertheless, as the Rebbe concludes, one is not to sing any gentile lullabies to infants and is rather to sing lullabies that contain words of Torah and holiness.[68]]
Lullabies: [69]
Immoral or improper lyrics: One is to greatly beware that even an infant does not listen to forbidden gentile music [i.e. songs that contain immoral or improper lyrics,] as it will have a negative effect on his character.[70] The child’s soul understands the words and internalizes them, hence having an effect on him when he is older.[71] Certainly, the mother or other caretaker is not to sing forbidden songs, as these words of song create an evil spirit which then resides on the child.[72]
Gentile, but proper, lyrics: The above prohibition only applies towards songs that contain immoral or improper lyrics, and does not negate the singing of gentile melodies used as lullabies. Nevertheless, the Poskim[73] conclude that one is not to sing any gentile lullabies to infants and is rather to sing lullabies that contain words of Torah and holiness, such as Torah Is Der Besta Sechora, and Kamataz Alef Ah and the like.[74] One is to sing ethical songs dealing with the garden of Eden, or the future judgment in front of G-d.[75]
4. Nedarim Vows – Nedarim and Shevuos of Children [76]
A. Children Below the Age of Mufla Hasamuch L’ish [77]
A boy below the age of twelve years and one day, and a girl below the age of eleven years and one day, who make a vow (neder) or oath (shevuah), their words have no halachic validity, even if they understand to Whom they are directing their vow or oath.
Obligation of Admonition:[78] Nonetheless, parents and educators must severely admonish children who are accustomed to making vows and oaths, even through striking the child.
Observing the vow:[79] Nevertheless, if the vow concerns a minor matter and does not involve distress or hardship, it is proper to encourage the child to keep his word, so that he learns the importance of honoring commitments and does not become habituated to making careless pledges.
B. A Child Nearing Bar or Bas Mitzvah [80]
A boy who is twelve years and one day old and a girl who is eleven years and one day old enter the category of mufla hasamuch l’ish. If they understand to Whom they are making their vow or oath, then their vows and oaths are valid and binding. Accordingly, one who causes such a child to violate his valid vow transgresses just as one would regarding any other binding neder.
C. After Bar and Bas Mitzvah [81]
Once a child reaches full halachic adulthood, his vows and oaths are binding even if he was not specifically examined regarding his understanding of the concept of vows.
D. A Father’s Ability to Annul His Daughter’s Vows [82]
A father may annul the vows of his minor daughter [i.e. up until 12 and a half years of age] while she remains under his authority. Some authorities, however, limit this right to vows that involve personal affliction or matters that directly affect her wellbeing.
E. When an Adult Places a Neder Upon a Child
If an adult imposed a vow upon a child, it is forbidden to cause the child to violate that vow. Likewise, when a child who is a mufla hasamuch l’ish made a valid vow on his own, one may not lead him to transgress it.
F. Hataras Nedarim: [83]
Children Serving on a Beis Din for Hataras Nedarim:[84] The members of a Beis Din that performs a formal Hataras Nedarim are required to be adult males who are fully qualified for the role. Accordingly, many authorities rule that the participants must not only be Bar Mitzvah, but should also have reached an age of maturity evidenced by a beard, or alternatively be over the age of eighteen. This follows the general rules that apply to Hataras Nedarim.
Hataras Nedarim on Erev Rosh Hashanah:[85] Children do not perform Hataras Nedarim on Erev Rosh Hashanah until they reach the age of Bar Mitzvah.
Chinuch Regarding Nedarim
One of the important lessons that should be taught to children is to avoid making vows and oaths whenever possible. Chazal were critical of excessive use of nedarim, and therefore children should be trained from a young age to fulfill commitments without resorting to vows. This education helps develop honesty, responsibility, and caution in speech, while at the same time preventing them from inadvertently creating binding halachic obligations.
5. Bris Milah
The laws of Bris Milah are numerous, detailed, and often complex, involving many practical and halachic considerations before, during, and after the circumcision. Due to the breadth of the subject,
an entire volume has been dedicated to the laws of Bris Milah in our corresponding Sefer “Lifecycles in Practical Halacha Vol. 2 – The laws of the Bris.” The reader is therefore referred to that volume for a comprehensive treatment of all the relevant halachos, customs, practical guidelines, and contemporary applications relating to a Bris.
6. Pidyon Haben
The laws of Pidyon Haben are numerous, detailed, and often complex, involving many practical and halachic considerations before, during, and after the circumcision. Due to the breadth of the subject, an entire Chapter has been dedicated to the laws of Bris Milah in our corresponding Sefer “Lifecycles in Practical Halacha Vol. 2 – The laws of the Pidyon Haben.” The reader is therefore referred to that volume for a comprehensive treatment of all the relevant halachos, customs, practical guidelines, and contemporary applications relating to a Bris.
- Tzedakah:
A. Educating a Child to Give Tzedakah [86]
A father should educate his young child in the mitzvah of tzedakah, just as he educates him in other mitzvos. Accordingly, it is proper to give a child money to distribute to the poor and thereby accustom him to acts of charity and kindness. Some contemporary authorities question whether there is a formal obligation of chinuch specifically regarding tzedakah in the same way as other mitzvos. Nevertheless, even according to their view, it is certainly proper and highly beneficial to train children to give tzedakah from a young age, thereby developing within them the habits of generosity, compassion, and mitzvah observance. An interesting question discussed by the Poskim is how much money must be given to a child in order to fulfill the obligation of chinuch in this mitzvah. It has been suggested that the minimum amount may be the value of a third of a shekel annually. Nevertheless, it is certainly proper to accustom a child to give even more than the minimum, for the more a child becomes accustomed to generosity and charitable giving, the better.
The Poskim further discuss whether a child who owns money of his own should be educated to separate ma’aser kesafim from his funds. This matter remains subject to halachic discussion.
B. Accepting Tzedakah From Children [87]
Charity collectors may accept only a small donation from a child, but not a substantial amount. The reason is that children generally do not own significant funds of their own, and we presume that any small amount they give is with their parents’ permission. Nevertheless, it is proper to verify, where possible, that the child’s father indeed agrees to the donation. Obviously, if the father objects, no money may be accepted from the child at all.
8. Sefer Torah
A. A Child Writing a Sefer Torah or Mezuzah
A Sefer Torah, tefillin, or mezuzah written by a minor is invalid.[88] However, if a child participated in certain secondary aspects of the preparation of a Sefer Torah, such as sewing the parchment sheets together, there is room to validate it bedieved according to some opinions.[89] Likewise, if letters became attached and a child separated them by scraping away the excess ink or glue, the Sefer Torah may remain valid bedieved.[90]
B. Erasing Hashem’s Name Writing Done by a Child [91]
Although writing performed by a child does not possess the halachic validity required for a Sefer Torah or mezuzah, one should nevertheless be careful before erasing such writing, due to the sanctity associated with words of Torah and Divine Names that may have been written.
9. Kedushas Sefarim – Educating Children in the Sanctity of Sefarim
An important aspect of chinuch is teaching children the kedushah of sefarim and training them to treat all sacred books with the respect they deserve. From a young age, children should be taught that Torah books are not ordinary objects but vessels of holiness containing the words of Hashem and the teachings of Chazal.
Children should be accustomed to kissing a sefer when closing it and to kiss a sefer that has accidentally fallen to the floor. They should be taught never to place sefarim on the floor and to immediately pick them up if they are found there. Likewise, a sefer should not be left upside down, nor should it be placed face down with its pages open on a table in order to save one’s place. Instead, a bookmark or other placeholder should be used.
Children should also learn the proper order for stacking sefarim, placing more sacred works above those of lesser sanctity in accordance with the halachic hierarchy of holy books. They should be trained not to sit on a bench or chair upon which sefarim are resting and not to place ordinary objects on top of sacred books.
Part of this education includes teaching children that sefarim may not be used for personal convenience. A sefer should not be used to shield one’s eyes from the sun, support another object, prop up furniture, or serve any purpose unrelated to learning. Through this education, children develop not only respect for the physical books themselves but also a deeper appreciation for the Torah and holiness that they contain. The reverence shown to sefarim helps foster reverence for Torah itself and instills within children a lifelong sense of awe and respect for sacred matters.
10. Mezuzah [92]
A. Chinuch in the Mitzvah:
Children who have reached the age of chinuch are to be educated in the mitzvah of mezuzah for their homes and rooms. Accordingly, they should be trained to appreciate the importance of having a kosher mezuzah on the doors of their home and room and to treat the mitzvah with respect and significance.
B. Affixing the Mezuzah: [93]
A mezuzah should not be affixed by a minor, since the act of affixing the mezuzah constitutes the fulfillment of the mitzvah and should be performed by one who is obligated in it. Nevertheless, if a minor already affixed the mezuzah, many Poskim rule that it remains valid after the fact (bedieved), and it is not necessary to remove and reattach it.
- Shatnez:[94]
A. Dressing a baby in Kilayim – Shatnez clothing:
Children should be educated in the laws of shaatnez and trained to avoid wearing garments that contain a forbidden mixture of wool and linen.
B. Shatnez Blanket:
Accordingly, one may not place shaatnez materials in a child’s crib or bedding.
- Tumas Kohanim
A. Defiling a Kohen Child: [95]
It is forbidden for any[96] Jew to actively cause a child who is a Kohen to contract tum’as meis (ritual impurity associated with the dead), regardless of the child’s age. Although a minor is not personally obligated in mitzvos, one may not intentionally bring him into a state of impurity.
- Educating a Kohen Child to Avoid Tum’ah[97]
A Kohen child who has not yet reached the age of chinuch need not be prevented from entering a place containing tum’as meis.[98] Once the child reaches an age at which he can understand the concept, however, his father is obligated to educate him to avoid ritual impurity and must remove him from such an environment.[99] This educational obligation rests specifically upon the father.
- A Sleeping Kohen Child in an Ohel HaMeis[100]
If a Kohen child is sleeping in a building or room that contains tum’as meis, one is not strictly obligated to awaken him and remove him. Nevertheless, once the child has reached the age of chinuch, it is proper to do so in order to educate him in the laws of maintaining the sanctity of the Kehunah and avoiding ritual impurity.
- A Kohen Child and Impurity to Relatives
Some Poskim[101] question whether even a Kohen child below the age of Bar Mitzvah may become impure through contact with relatives. Although an adult Kohen is permitted and obligated to become impure for certain close relatives, a minor Kohen has no obligation of mourning and therefore perhaps does not receive this dispensation according to these authorities.
- Pregnant wife of Kohen and other pregnant women visiting cemeteries:[102]
Not married to Kohen: From the letter of the law, it is permitted for a pregnant woman to enter a cemetery.[103] However, many women are accustomed not to visit a cemetery when they are pregnant.[104] Those who have received such a custom are to abide by it.[105] However, it is permitted for them to visit the grave of a Tzaddik, or the grave of a loved one, on the day of the Yahrzeit and the like.[106] Many women are lenient in all cases, as is the letter of the law.[107]
Wife of a Kohen: It is permitted for the pregnant wife of a Kohen to enter a cemetery.[108] Nonetheless, some Poskim[109] rule it is proper to be stringent not to do so [even on a Yahrzeit or by Kivrei Tzaddikim]. This especially applies if she knows that the gender of the child is male[110] or she is at the end of her term and is ready for birth.[111] Nevertheless, even in such a case, most Poskim rule it is allowed from the letter of the law.[112]
[1] Chanoch Lanar 31:1-3; Bris Pinchas 2:11; Toras Ribis 1:42
[2] Michaber Y.D. 160:8; Bava Metzia 75a
[3] Taz 160:15
[4] Michaber Y.D. 160:18; See Bris Yehuda 7-8
[5] See Michaber Y.D. 182; Rambam Avoda Zara chapter 12; Makos 20a; Nitei Gavriel Chapter 6; Chanoch Lanar 32:1-2
[6] Vayikra 19:27
[7] Rambam Sefer Hamitzvos L.S. 43; Chinuch Mitzvah 251, L.S. 31
[8] Michaber Y.D. 181:2; Rambam Avoda Zara 12:1; Nazir 58a
[9] Makos 20b; Chinuch ibid
[10] Chinuch ibid; Rambam Avoda Zara 12:1; Sefer Hamitzvos L.S. 43; Moreh Nevuchim 3:37; Semag 57; Orchos Chaim; Kol Bo;
[11] Michaber Y.D. 181:1; Mishneh Makos 20b;
[12] Chinuch ibid; Rambam Sefer Hamitzvos L.S. 43
[13] See Michaber Y.D. 181:5-6
[14] 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
[15] Opinion of Michaber Y.D. 181:6; Tur 181; Rambam and Raavad Avoda Zara 12:5; Chinuch Mitzvah 251, L.S. 31; Nazir 41a
[16] 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;
[17] 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
[18] Rama Y.D. 181:5; Ran; Nimukei Yosef Makos 4:1; See Beis Efraim Y.D. 62
[19] Michaber Y.D. 181:4; Tur 181; Semag L.S. 57; Semak 71; Tosafus Shavuos 3a and Bava Metzia 10b; Rav Chisda Makos 20b
[20] 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
[21] Yeish Mistapkin in Rama ibid; Nimukei Yosef ibid in name of Yiehs Omrim
[22] 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]
[23] Michaber Y.D. 181:1; Mishneh Makos 20b
[24] Makos 20b; Chinuch ibid
[25] Darkei Teshuvah 181:13; Yad Haketana on Rambam
[26] 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
[27] Shaar Hamitzvos Parshas Kedoshim; Mishnas Chassidim Miseches Yom Hashishis 5:4; Kesones Yosef 1; Darkei Teshuvah 181:13; Nitei Gavriel 6:3
[28] Darkei Teshuvah 181:13; Orchos Rabbeinu; Nitei Gavriel 6:4 footnotes 5-6
[29] Rambam Hilchos Avoda Zara 12:6; Ishus 2:16; Chinuch Mitzvah 251, L.S. 31; See Chasam Sofer Y.D. 139
[30] Beis Yosef 181; Semag L.S. 57; Tosefta Makos 4:4; See Bach 181
[31] Setimas HaMichaber in 181:9 who writes “Lo Siga Bo Yad”; Biur Hagr”a ibid that he holds like Semag
[32] 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
[33] 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
[34] 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]”
[35] 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.
[36] Igros Kodesh 20:10, printed in Shulchan Menachem 4:132
[37] 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]
[38] 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
[39] Michaber Y.D. 181:3
[40] Stam opinion in Michaber ibid; Tur in name of Rambam Avodas Kochavim 12:6; Ritva Shavuos 3a
[41] So is the ruling of the Stam opinion ibid; Chochmas Adam 89:16
[42] 2nd 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
[43] Chochmas Adam 89:16 that one is liable for lashes; Biur Halacha 251:2 “One transgresses a Lav and is liable for Malkus”
[44] Chochmas Adam 89:16 “He cuts near the skin and leaves no hair at all near the skin”
[45] 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
[46] Chochmas Adam 89:16
[47] 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
[48] 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.
[49] 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
[50] In the 1/8th of an inch system machines, the numbers go up by 1/8th of an inch. Thus, a number 1 is 1/8th of an inch [3.3 cm] while a number 2 is 2/8th [1/4] of an inch [5.5 cm]; a number 3 is 3/8th of an inch, which is a number 4 is half an inch.
[51] 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.
[52] 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”
[53] 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.
[54] Darkei Teshuvah 181:15 in name of Kesav Sofer
[55] Torah Leshma 389; Ben Ish Chayil 1 p. 30; Nitei Gavriel 6:5 footnote 9
[56] Zohar Chadash p. 27; Yesod Veshoresh Havoda 5:2; See Sefer Shemiras Haguf Vihanefesh [Lerner] 77; Minhag Yisrael Torah O.C. 91:5
[57] Darkei Chaim Veshalom 880
[58] Darkei Chaim Veshalom 880
[59] Otzros Yerushalayim 138:224
[60] Nitei Gavriel 6:5 footnote 8
[61] Igros Kodesh 20:10 printed in Shulchan Menachem 4:132
[62] See Michaber Y.D. 142:15 “It is forbidden to listen to music of idolaters”; Admur 53:32 “A Chazan who speaks inappropriately, or sings songs of gentiles that are sung for idolatry.”; Rama 53:25; Radbaz 2:809; Shut Harif 281; Orchos Chaim Tefila 78; Kol Bo 109; Sefer Chassidim 768 “It is a sin to sing songs of the gentiles”; Piskeiy Teshuvos 53:27
[63] Kol Bo 109 regarding Chazan; Sefer Chassidim 768 “It is a sin to sing songs of the gentiles”; Mamar Mordechai 560:2 regarding all songs with inappropriate words; Shelah; Shaar Hatziyon 560:25; Kaf Hachaim 560:29; Chelkas Yaakov 64; See also Admur 307:30 that it is forbidden to read “Divrei Cheshek” and the same would apply for music of Cheshek
[64] Mamar Mordechai 560:2; Shelah; Shaar Hatziyon 560:25; Kaf Hachaim 560:29
[65] Chagiga 15; See Igros Moshe Y.D. 2:56; Shevet Halevi 9:19
[66] Sefer Chassidim 238; Shlah; Sifrei Mussar; Mamar Mordechai 560:1; Kaf Hachaim 560:29; Shaar Hatziyon 560:25
[67] Toras Menachem 1987 2:647
[68] Rebbe ibid
[69] Shevach Habris 3:6
[70] Sefer Chassidim 238; Shlah; Shevet Mussar 24; Sifrei Mussar; Mamar Mordechai 560:1; Kaf Hachaim 560:29; Shaar Hatziyon 560:25
[71] Toras Menachem 1987 2:647
[72] Shevet Mussar 24
[73] See Shevet Mussar 24; Toras Menachem 5742 4:2124; 5747 2:647; 5752 2:263
[74] Rebbe ibid
[75] Shevet Mussar 24
[76] Chanoch Lanar 33:1-5
[77] Michaber Y.D. 233:1
[78] Rama Y.D. 233:1
[79] Rama Y.D. 233:1
[80] Michaber Y.D. 233:1
[81] Michaber Y.D. 233:1
[82] Michaber Y.D. 234:4 and 58
[83] Piskeiy Teshuvos 581:16; Chanoch Lanar 33:6
[84] Pischeiy Teshuvah Yoreh Deah 228:2; Reb Akiva Eiger 73 and in 228:3; Sheivet Haleivi 4:94
The reason they are to have a beard is because by Biblical matters we do not rely on the Chazaka that assumes they have grown two hairs by this time. Hence, we require a beard as a full proof. [Pischeiy Teshuvah ibid; Rav Akiva Eiger ibid]
[85] See Piskeiy Teshuvos 581:18; Shearim Hametzuyanim Behalacha 128:24 [“They cannot be Matir their vows”]; Otzer Minhagei Chabad 14 [p. 39] “The custom is not to do so”; Devar Moshe 66; However, see Halachos Vehalichos Bar Mitzvah 11:14; Chanoch Lenaar 33; See Chinuch Habanim Kehilchaso 87:19-20
[86] P”M O.C. 695 A”A 14; Ashel Avraham Butchach 695; Sefer Hachaim 3:5; Kinyan torah 1:132; Toras Hakatan 2:31-33
[87] Michaber Y.D. 248:3; Rashal in Yam Shel Shlomo Bava Kama 10:59
[88] Michaber Y.D. 281:3
[89] M”A O.C. 39:6
[90] M”A O.C. 39:6
[91] Shulchan Melachim Hilchos Kedushas Hashem 2:8
[92] Michaber Y.D. 291:3; Rambam Mezuzah 5:10; Mishneh Brachos 20a; Encyclopedia Talmudit Vol. 16 p. 176
[93] Daas Kedoshim 291; Mikdash Me’at 291; Chanoch Lanar p. 76
[94] Teshuvas Beis Yehuda 45; Birkeiy Yosef 343:6; Kaf Hachaim 343:20; Ashel Avraham 343 in name of
[95] See Michaber and Rama Y.D. 373:1; Admur 343:5; Nitei Gavriel 130:11; Kaf Hachaim 343:12
[96] See Admur 343:5 who writes “Any person”; However, see wording in Michaber ibid and explanation of Taz 373:1 that the prohibition applies only to the Kohanim which are adults, and the Beis Din, that they may not actively cause the child to become impure.
[97] Admur 343:3 “Likewise, if the child is a Kohen, one is not required to remove him from a house in which there is ritual impurity (tumah), unless the child has reached the age of understanding. Once he is old enough to comprehend the matter, his father is obligated to remove him and educate him to avoid becoming defiled by the impurity.”
[98] Shach 373:1; Admur 343:2-3
[99] Admur 343:1-3; Rama Y.D. 373:1; M”A 343:2; Kaf Hachaim 343:3 that so rule most Poskim and so is Setimas Hegemara
Other Opinions: Some Poskim learn that by the three prohibitions of blood insects and impurity, if one sees a child transgressing them then he must reprimand the child, even if he is below the age of Chinuch. [Bach 343; Beis Yosef 343; See Kaf Hachaim 343:3; Likkutei Sichos Vol. 7 Sicha 1]
[100] See Shach and Taz 373:1 that one is not required to awaken him, although it is proper to do so due to Chinuch; See Bach Y.D. 273 regarding a child who is sleeping in Ohel Hameis that there is no need to awaken him and the 2nd opinion in Admur 70:2 regarding the morning Shema that one is exempt from waking him up in the morning; See Or Letziyon 2:45-13; Piskeiy Teshuvos 70:2
[101] Vishev HaKohen 56; Shvus Yaakov 3:92; cited in Pischei Teshuvah Y.D. 373:1; Nitei Gavriel, Aveilus 130:21; See Chanoch Lanar 38:2 footnote 2
[102] Kaf Hachaim 343:4; Piskeiy Teshuvos 343:11; Minchas Yitzchak 10:42; Nitei Gavriel Aveilus 2:84-4
[103] Pashut as there is no source for forbidding it, and so is proved from the fact the Poskim [below] bring that even the wife of a Kohen that is pregnant may enter a cemetery, and as writes the Kneses Hagedola [brought in Birkeiy Yosef 343:4] that even by the pregnant wife of a Kohen those who are stringent are doing Minhag Borus [custom of ignorance], hence certainly the wife of a Yisrael is allowed.
[104] This custom has no known source. A number of possible reasons are suggested: 1) Perhaps this is due to the fact that it is proper for the pregnant wife of a Kohen to avoid a cemetery, and hence we see that the fetus can receive impurity. Now since we await the rebuilding of the Temple every day the women avoid going to a cemetery, as if the Temple is rebuilt while they are still pregnant they will be able to give over their pure sons to perform the necessary actions required for the Para Aduma. [Minchas Yitzchak ibid; See Parah Mishneh 3:2] 2) Alternatively, it is because they desire to avoid any impurity during the pregnancy. [Nitei Gavriel ibid; See Sheivet Hamussar 24]
[105] Poskim ibid based on Rashba that we do not differ a tradition received from righteous women even if we have 600,000 proofs against it. [brought in Heishiv Moshe 13]
[106] Nitei Gavriel ibid
[107] Heard from Rav Asher Lemel Hakohen
[108] Shach Y.D. 371:1; Rokeiach 366; M”A 343:2; Radbaz 200; Kneses Hagedola [brought in Birkeiy Yosef 343:4-there he writes it’s a Minhag Borus to be stringent] Derech Hachaim; Chochmas Adam 160:1; Kitzur SHU”A 202:15; M”B 343:3; See Pischeiy Teshuvah 371:1; Gilyon Maharsha 371; Darkei Chesed p. 208
The reason: As there is a Safek Sfeika; perhaps the fetus is a female and perhaps it will be a stillborn. [Shach ibid; Rokeiach ibid] Alternatively a fetus cannot receive impurity as it is considered within a Beis Hablia. [M”A ibid; Radbaz 200, brought in Shaareiy Teshuvah 371:1; See there that even the Rokeiach agrees to this.] Others however argue that a fetus is considered part of the mother [Yerech Imo] and hence can contract impurity even during pregnancy. [Birkeiy Yosef 343:1]
[109] Birkeiy Yosef 343:4; Kaf Hachaim 343:4; Minchas Yitzchak 1042
The reason: As if in truth the child is a boy he contracts impurity. [This is proven from fact the Rokeiach only allows it due to Safek Sfeika. See previous footnote for the dispute regarding Beis Hablia] Hence, it is proper to initially avoid doing so. [ibid]
[110] As then there is no longer a Safek Sfeika according to the Rokeiach [as learns Birkeiy Yosef ibid], although according to many Poskim this would still remain permitted being that the fetus is considered within a Beis Hablia, as brought from M”A ibid and Radbaz ibid and so is evident from other Poskim mentioned in next footnote] See Even Yisrael 8:77 that deals with this question in regards to giving birth in a hospital that is not careful about Tumas Meis. He concludes there that ultrasounds are not 100% accurate, and that it is for the needs of a Yoledes who is in Sakana and hence she may choose to go to whatever hospital she wishes. Nevertheless, she is not initially to take an ultrasound and hence remove the Safek Sfeika. This is all with regards to which hospital to give birth and does not relate to a pregnant woman entering a Beis Hakevaros if she knows the child is male. It is understood that in such a case there are more Poskim who rule stringently.
[111] Sheilas Yaavetz 2:174 forbids in such a case [as the child may be born]; opinion in Darkei Chesed p. 208; Most Poskim however permit even in such a case, as the Safek Sfeika still remains. [M”B 343:3; Radbaz ibid brought in Pischeiy Teshuvah ibid, that this was the original case of allowance written by the Rokeiach; Betzeil Hachochmah 3:105]
[112] See previous footnotes; and so ruled to me Harav Asher Lemel Cohen that practically it is not accustomed to be stringent.