Shulchan Aruch: Chapter 493 - Laws that are Observed During the Days of the Omer

Yevamos 62b relates that 24,000 of Rabbi Akiva’s students died in the period between Pesach and Atzeres (Shavuos) because they did not show appropriate respect for one another. See subsection 5.

The establishment of a bond between a husband and his wife is a two-stage process comprising kiddushin or erusin (i.e., the consecration of a woman), at which time she becomes forbidden to all other men, and nisuin, after which the couple begin living together as a married couple. Although the custom today is for both stages to be performed one immediately after the other, in the Talmudic era, the custom was to have a significant break – sometimes as long as a year – between the two stages of the process. The Alter Rebbe is referring to this practice of performing the kiddushin without the nisuin. As the Alter Rebbe explains, there is no prohibition against consecrating a woman during the period of the counting of the omer.

See sec. 249:6 and sec. 444:15, where these feasts are listed as examples of feasts associated with a mitzvah.

The Alter Rebbe uses the term reshus, which literally means “permitted matters,” i.e., matters left to a person’s own discretion. We have translated that term as, “reasons unconnected with a mitzvah.”

Needless to say, there are no restrictions against gatherings associated with the Torah and its mitzvos. Not only did the Rebbe hold farbrengens during these days, but it is common for chassidim to do so as well.

Since the Sages ordained that an atmosphere of semi-mourning prevail during this period, they ordained that several restrictions be observed to minimize the happiness experienced during this period. In addition to the three restrictions that the Alter Rebbe explicitly mentions in this subsection – marriage, cutting one’s hair, and dancing – there are three other restrictions that are commonly observed during the counting of the omer: not to listen to live music (see Halachos U’Minhagei Chabad, p. 224), not buying or wearing new clothes (see Teshuvos UPesakim Chachmei Ashkenaz, sec. 69), and not eating a new fruit that requires reciting the blessing Shehecheyanu, except on Shabbos (see Sefer HaMinhagim-Chabad, p. 43; see also Toras Menachem, 5749, Vol. 3, p. 134).

To explain in greater detail: There is a difference of opinion among the contemporary Rabbinic authorities regarding whether or not listening to recorded music is permitted. The predominant number of such authorities permit, in a Torah setting, singing that is not accompanied by music. Some of these contemporary authorities even permit dancing to such songs.

With regard to purchasing and wearing new clothes, it is not within the spirit of the semi-mourning practiced during this period to seek out joyful experiences that would require the recitation of Shehecheyanu, other than on Shabbos. At present, however, it has become somewhat commonplace to purchase new clothing, and the blessing of Shehecheyanu is not recited each time a person purchases a new garment. As mentioned in Seder Birkas HaNehenin 12:5, the blessing Shechiyanu should be recited only when buying an “important garment [whose purchase] brings happiness to a person’s heart. It should not be recited for less important garments, for example, a shirt, shoes, or socks…. A very wealthy person who buys fine clothing might not derive happiness from their purchase, because they are not so significant for him. [Hence,] he should not recite this blessing.” Accordingly, the blessing Shechiyanu need not be recited over garments that a person will not regard as significant, and such garments may be purchased during the counting of the omer.

See Rambam, Hilchos Ishus 15:1-4, where this mitzvah is explained.

See Rama, Yoreh Deah 392:2.

Moed Kattan 19b; Talmud Yerushalmi, Nazir 1:3.

The mohel is the person who performs the circumcision.

The sandek is the person who holds the baby during the circumcision.

License is granted because this day is considered as a personal festival for these individuals. See sec. 470:8, where the Alter Rebbe mentions this point. See also sec. 249:7.

The rationale for this ruling is that since a circumcision is often held in the early morning, there would be no time for a haircut then. The Rabbis therefore permitted the haircut late on the preceding day (Pachad Yitzchak).

Nevertheless, although the counting of the omer begins during Pesach, these customs of mourning are not observed during the holiday. The rationale is that the joy of the festival causes all mourning – even for one’s close relatives – to be postponed (see sec. 529:6; see also sec. 467:65 and footnotes).

Lag B’Omer is a term used to refer to the 33^rd day of the Omer. The term comes from numerical value of the Hebrew letters lamed (30), and gimmel (3), and the word b’omer, which means “in the omer.”

As mentioned in footnote 2, Yevamos 62b relates that 24,000 of Rabbi Akiva’s students died between Pesach and Atzeres (Shavuos). However, an ancient manuscript of that text states that the students died, “from Pesach until p’ros Atzeres.” The word p’ros is defined as at least a 15-day period (see Bechoros 58a). Thus, according to this opinion, the authorities determine that the day they ceased dying was Lag B’Omer, the thirty-third day of the omer, slightly more than 15 days before Shavuos. See Divrei Nechemiah, responsum 34:7.

See section 131:5, where the Alter Rebbe explains that Tachanun is not recited on days associated with rejoicing.

This section is not extant in the Alter Rebbe’s Shulchan Aruch. See the Shulchan Aruch of Rav Yosef Caro (Yoreh Deah 395:1). In that source, Rav Yosef Caro explains that this principle applies both on the last day of shivah (i.e., the seven days of acute mourning), and the last day of sheloshim (i.e., the 30-day mourning period).

The Alter Rebbe rules in this manner in his Siddur.

Chassidic and Sephardic communities follow this ruling and hold celebrations on the night of Lag B’Omer in honor of the yahrzeit of Rabbi Shimon bar Yochai, who passed away on Lag B’Omer. Although generally, the Talmudic practice is to commemorate a yahrzeit by fasting, Rabbi Shimon bar Yochai himself requested that his yahrzeit be marked by celebrations. Therefore, it is commemorated in this manner (see Pri Eitz Chaim, Shaar Sefiras HaOmer, ch. 7; see also Likkutei Sichos, Vol. 3, p. 1002, et al.).

As the Alter Rebbe explains, those who follow this custom maintain that the 33 days that Rabbi Akiva’s students died included Lag B’Omer. One might wonder why, then, these people permit getting a haircut and getting married on Lag B’Omer. There are two possible explanations for this custom. One reason for lessening the practices of mourning on Lag B’Omer lies in the uniqueness of the yahr­zeit of Rabbi Shimon bar Yochai. Although this uniqueness is not mentioned in the halachic works that preceded the Arizal (and, indeed, it is not mentioned in some of the halachic texts published afterwards, including this text), these authorities nevertheless singled out Lag B’Omer from among the other days of the counting of the omer.

A marginal note appended to the text alludes to another reason for this practice. The note states: “Explanation is required [regarding the statements in the works of] Maharil, Bach, and Levush [Malchus].” Levush Malchus maintains that even though it is customary not to cut one’s hair before or after Lag B’Omer, haircuts are permitted on Lag B’Omer itself, because it is a tradition that Rabbi Akiva’s students did not die on Lag B’Omer even though they died on the preceding and following days. (See Levush Malchus 493:2.) Similar statements are found in the works of Maharil and Bach.

The word hagbalah means, “setting boundaries.” When the Alter Rebbe refers to the “three days of hagbalah,” he is referring to the three days before Shavuos. These days are referred to in this way because before the Giving of the Torah, G‑d commanded Moshe to set boundaries around Mount Sinai (Shmos 10:12). As the Alter Rebbe states (sec. 494:20), these days were used for the preparations for the Giving of the Torah. Similarly, in subsequent generations, they have retained a semi-festive character.

I.e., these people observe the customs of mourning from the first day of Rosh Chodesh Iyar, which is 30 Nissan.

The first day of hagbalah is the third day of Sivan. The reckoning of the 33 days of mourning that are observed is as follows: one day in Nissan, 29 days of Iyar, and three days of Sivan.

See footnote 27 below, with regard to the Lubavitch custom.

The rationale for this ruling is that all authorities agree that the students of Rabbi Akiva died during a 33-day period, and a person who conducts himself in this manner will be observing only 19 days of semi-mourning.

This is the Lubavitch custom with regard to weddings and haircuts during the omer.

The Lubavitch custom regarding celebrating weddings on Lag B’Omer is a bit more complex. In his Igros Kodesh, Vol. 8, Letter no. 2571, the Rebbe writes that it is preferable not to hold a wedding on Lag B’Omer. However, the Rebbe continues that if the couple specifically wish to hold the wedding on Lag B’Omer, they should do so only during the day of Lag B’Omer daylight hours. Nevertheless, Shaarei Halachah U’Minhag (Vol. 2, sec. 222; Vol. 5, sec. 55) quotes the Rebbe’s sichos (Sichos Kodesh 5737, Vol. 1, p. 730), and states that since in his Siddur, the Alter Rebbe rules that the entire day of Lag B’Omer is festive in nature, weddings may be held the entire day.

The Lubavitch custom regarding haircuts during the three days of hagbalah is a bit more straightforward. The Rebbe Rashab was not happy when students in his yeshivah had haircuts during the first two days of hagbalah, preferring that they wait until the day before Shavuos to do so (see Sefer HaMinhagim Chabad, p. 44). This is in accordance with the practice of the Arizal, who was extremely careful not to have his hair cut until the day before Shavuos (see Kaf HaChayim 493:13).

What the Alter Rebbe means is that such a person will be observing 47 or 49 days of mourning, rather than the required 33.

Cf. Koheles 2:14. Eruvin 6b states that this verse aptly describes a person who follows both the stringencies of the School of Shammai and the School of Hillel, when the opinions of the two schools differed. The intent is that such a person’s “piety” is viewed as a manifestation of ignorance. Here, however, the Alter Rebbe is clearly stating that one who follows the stringencies of all the various opinions regarding observing the customs of mourning during the omer is not considered ignorant.

Sotah 47b; Sanhedrin 88b. The Sages use this expression in these sources as a way of expressing their criticism of Torah scholars who are not properly trained but and yet issue halachic rulings, thus creating controversy within the Jewish community and breaking the uniformity of Jewish practice.

See also Rashi, Yevamos 13b. Rashi uses this expression when explaining the prohibition against breaking into separate groups, which the Alter Rebbe proceeds to mention.

Devarim 14:1. According to its simple meaning, this verse is a prohibition against gouging one’s flesh.

Yevamos 13b. The Sages’ explanation of this prohibition is based upon the fact that the word tisgodidu, “gouge,” and agudah, “group,” share the same root letters.

See Pesachim 50b, 51b. See also sec. 468:13-14. These sources emphasize the importance of avoiding controversy.

As stated explicitly in the Igros Kodesh of the Tzemach Tzedek, Letter no. 9, this prohibition only applies in places where the Jewish community is united under the leadership of one group of Rabbis. However, in places where the Jewish community is comprised of various groups that coexist, each community may observe their unique customs despite their longstanding differences in practice. For example, in a place with Sephardic and Ashkenazic Jews living side by side, but maintaining their own independent communities, or similarly in a place where Lithuanian and chassidic Jews live side by side, but maintain their own communities, each community is permitted to observe its own customs.

Shabbos is primarily characterized by oneg, “pleasure,” and not simchah, “joy” (see sec. 242:1 and sec. 529:7). However, there is a concept of Shabbos joy, as well (see Sifri, Bamidbar 10:10; see also Sefer HaMamaarim 5709, pp. 130-131; see also Likkutei Sichos, Vol. 4, pp. 1090-1091; Vol. 33, p. 62ff.).

See sec. 339:5, 8. In those sources, the Alter Rebbe rules regarding some of the issues that may arise when the marriage ceremony is conducted on Friday afternoon, and the marriage celebrations take place on Shabbos.

Vayikra 23:15.

Although in this verse the Torah uses the word shabbasos to mean “weeks,” the more common Hebrew term for weeks is shavuos.

As the Alter Rebbe explained in sec. 489:2, women are not obligated in the mitzvah of counting of the omer. Nevertheless, in some regions, women have accepted this mitzvah upon themselves as an obligation. Those women, like men, may rely on the rationale stated previously by the Alter Rebbe, and refrain from work until after they have counted the omer.

The hypothesis stated by the Alter Rebbe in parentheses can be explained as follows: In regions where women do not count the omer, theyshould refrain from performing work throughout the night. The rationale is that since in these regions women do not count the omer, the Alter Rebbe’s ruling permitting one to perform work after counting the omer will never apply to them. Hence, these women should refrain from performing work for the entire evening. (See Mishneh Halachaos, Vol. 8, responsum215.)