1

The Mourning Period of Sefirah

What Are the
Guidelines for Aveilus Observed During the Sefirah Weeks?

Reason for Mourning

The midrash
teaches that one reason for the counting of the omer is so that we again
experience the excitement of anticipating the receiving of the Torah (quoted by
Ran, end of Pesachim). At the same time, it is unfortunate that
this very same part of the year has witnessed much tragedy for the Jewish
people. Indeed, the Mishnah (Eduyos 2:10) points out that the season
between Pesach and Shavuos is a time of travail. One major
calamity that befell us during this season is the plague that took the lives of
the 24,000 disciples of Rabbi Akiva. They died within several weeks in one year
between Pesach and Shavuos because they did not treat one another
with proper respect (Yevamos 62b). The world was desolated by the loss
of Torah until Rabbi Akiva went to the southern part of Eretz Yisroel to
teach five great scholars, Rabbi Meir, Rabbi Yehudah, Rabbi Shimon bar Yochai,
Rabbi Yosi, and Rabbi Elozor ben Shamua, who became the upholders of the future
of Torah.

Again,
in the time of the Crusades, terrible tragedies happened to the Jewish
communities of the Rhine River Valley during the period between Pesach
and Shavuos (Taz and Aruch Hashulchan, Orach Chayim 493).
Some of these catastrophes are recorded in the Kinos that we recite on Tisha
B’Av
. The reciting of “Av Harachamim” after Kerias HaTorah on
Shabbos was introduced as a testimonial to remember these holy
communities who perished in sanctification of Hashem’s Name rather than
accept baptism.

What
Practices Are Prohibited?

Because
of the tragic passing of Rabbi Akiva’s disciples, the minhag was
establishedto treat the sefirah period as a time of mourning and
to prohibit the conducting of weddings during this season. It is interesting to
note that, although it is forbidden to hold a wedding during this season, if
someone schedules a wedding during this season in violation of the accepted
practice of the community, we do not penalize him for having done so (Teshuvos
Hage’onim
#278). Thus, although this person violated the community rules by
scheduling the wedding, others may attend the wedding (see Shu”t Igros
Moshe, Orach Chayim
2:95). There are poskim who permit weddings
under extenuating circumstances, such as concern that a delay may cause the
engagement to be broken (Aruch Hashulchan, Orach Chayim 493:2).

In
addition to abstaining from weddings, certain other mourning practices are
observed during the period of sefirah. One does not take a haircut
during this season (Tur Orach Chayim Chapter 493). However, if
there is a bris during sefirah, the mohel, the sandek,
and the father of the baby are permitted to have their hair cut in honor of the
occasion (Rema), but not the kvatter or those who are honored
with “cheika,who are those who bring the baby closer to the bris
(Mishnah Berurah 493:12). Those who are permitted to have their hair
cut in honor of the occasion may even have their hair cut the evening before (Mishnah
Berurah
493:13).

Dancing
is not permitted during the sefirah season (Magen Avraham).
Listening to music is likewise prohibited (Shu”t Igros Moshe, Orach Chayim
1:166; Shu”t Minchas Yitzchok 1:111; Shu”t Yechaveh Daas 3:30).
One is permitted to teach, learn, or play music if it is for his livelihood (Shu”t
Igros Moshe
3:87). This is permitted since he is not playing for enjoyment.
However, one should not take music lessons for pleasure.

Rav
Moshe Feinstein ruled that if a wedding took place on Lag B’omer or
before or on Rosh Chodesh Iyar (in places where this is the accepted
practice, see below), it is permitted to celebrate the week of sheva
berachos
with live music and dancing (Shu”t Igros Moshe, Orach Chayim
2:95). There are others who disagree (Shu”t Minchas Yitzchok 1:111. See Piskei
Teshuvos
Chapter 493 footnotes 39 and 81, who quotes many authorities on
both sides of the question.).

Although
certain mourning practices are observed during sefirah, many practices
that are prohibited during the three weeks or the nine days preceding Tisha
B’Av
are permitted. For example, house remodeling, which is prohibited
during “the Nine Days”is permitted during the sefirah period (Shu”t
Yechaveh Daas
3:30). Similarly, although during the Nine Days one is
discouraged from doing things that are dangerous, no such concern is mentioned
in regard to the period of sefirah. Thus, although the Minchas Elozor
reports that he knew of people who would not travel during sefirah,
he rules that it is permitted and that this practice is without halachic
basis (Shu”t Minchas Elozor 4:44).

In a
similar vein, according to most poskim, one may recite a brocha of
shehechiyanu on a new garment or a new fruitduring the period of
sefirah (Maamar Mordechai 493:2; Kaf Hachayim, Orach Chayim 493:4).
The Maamar Mordechai explains that the custom not to recite shehechiyanu
is a mistake that developed because of confusion with the three weeks
before Tisha B’Av, when one should not recite a shehechiyanu (Maamar
Mordechai
493:2). However, there are early poskim who record a
custom not to recite shehechiyanu during the mourning period of sefirah
(Piskei Teshuvos, quoting Leket Yosher).

It is
permitted during sefirah to sing or to have a festive meal without music
(Graz; Aruch Hashulchan). It is also permitted to make an engagement
party (a vort) or a tnoyim during the sefirah period,
provided that there is no music or dancing (Shulchan Aruch, Orach Chayim
Chapter 493 and Magen Avraham).

When
Do We Observe Mourning?

There
are numerous customs regarding which days of sefirah are to be kept as a
period of mourning. The Shulchan Aruch rules that the mourning period
runs from the beginning of the sefirah counting and ends on the
thirty-fourth day of the omer count (Beis Yosef and Shulchan
Aruch, Orach Chayim
Chapter 493; Kaf Hachayim 493:25). In his
opinion, there is no celebration on Lag B’Omer, and it is forbidden to
schedule a wedding on that day! The source for this opinion is a medrash that
states that the plague that caused the deaths of the disciples of Rabbi Akiva
ended fifteen days before Shavuos. According to the Shulchan Aruch’s
understanding, the last day of the plague was the thirty-fourth day of the omer.
Thus, the mourning ends fifteen days before Shavuos, on the day
after Lag B’Omer.

However,
the generally accepted practice is to treat the thirty-third day of the Omer
count as a day of celebration (Rema and Darchei Moshe, Orach
Chayim
Chapter 493, quoting Maharil) because, according to this
tradition, the last day of the tragedy was the thirty-third day of the Omer (Gra).
There are several other reasons mentioned why Lag B’Omer should be
treated as a day of celebration. Some record that it is celebrated because it
is the yahrzeit of Rabbi Shimon bar Yochai, the author of the Zohar
(Birkei Yosef; Chayei Adam, Klal 131:11; Aruch Hashulchan).
Others say that it is celebrated because it is the day that Rabbi Shimon bar
Yochai was able to leave the cave in which he had been hiding (Aruch
Hashulchan
). Another reason recorded for celebrating this day is because it
was the day that Rabbi Akiva granted semichah to his surviving disciples
(Kaf Hachayim, Orach Chayim 493:26). Others record that it was the first
day that the mann began falling for the Jews in the desert (Shu”t
Chasam Sofer, Yoreh Deah
#233, s.v. Amnam yodati).

According
to Maharil and Rema, the evening of Lag B’Omer should be
included in the mourning period and the celebration should not begin until
daytime. In their opinion, Lag B’Omer is still counted as one of the
thirty-three days of mourning. The aveilos period ends on the morning of
Lag B’Omer because of a concept called miktzas hayom ki’chulloh,
which means that the last day of mourning does not need to be a complete day (Moed
Katan
19b). If one observes the beginning of the day in mourning, the
entire day is included in the count of the mourning days. For this reason,
someone getting up from sitting shiva does so on the morning of the
seventh day. Observing mourning requirements at the beginning of the seventh
day satisfies the requirement to observe the seventh day of shiva.
Similarly, one satisfies the requirement to observe the thirty-third day of sefirah
mourning by observing mourning only at the beginning of that day. According to
this approach, one should not conduct a wedding on the evening of Lag B’Omer,
but only in the daytime. This is because we paskin according to the
opinions that the principle of miktzas hayom ki’chulloh applies only if
the mourning was observed in the daytime, and it is insufficient to observe aveilos
only in the evening of the seventh day.

However,
there are other opinions that permit scheduling a wedding already on the
evening of the thirty-third, at least under extenuating circumstances (see Graz
493:5; Kaf Hachayim, Orach Chayim 493:28; Shu”t Igros Moshe 1:159).
Some explain that, since we consider Lag B’Omer to be a day of
celebration, it is not counted as one of the days of mourning (see Chok
Yaakov
493:6 and Kaf Hachayim, Orach Chayim 493:28). Thus, there are
some poskim who contend that there are only thirty-two days in the sefirah
mourning period (Graz 493:5). Another reason to permit scheduling a
wedding the evening of Lag B’Omer is based on the opinion that miktzas
hayom ki’chulloh
applies even when one observes the mourning only at night
(Ramban, Toras Ho’adam, Chavel edition page 215). Thus, according
to this approach, it is sufficient to have the beginning of the night of Lag
B’Omer
as a mourning period. (It should be noted that, according to this
opinion, shiva ends in the evening of the seventh day, not in the
morning.)

When Lag
B’Omer
falls on Shabbos or Sunday, there is a dispute among early poskim
whether it is permitted to get a haircut on Friday in honor of Shabbos.
The accepted practice is to permit it (Rema, Orach Chayim 493:2 and Be’er
Heiteiv
ad loc.). Apparently, the combined honor of Shabbos and the
approaching Lag B’Omer together supersede the mourning of sefirah. Some
poskim even permit a wedding to take place on the Friday afternoon
before Lag B’Omer that falls out on Sunday (Shu”t Ha’elef Lecho
Shelomoh, Orach Chayim
#330). (Bear in mind that the custom in Eastern
Europe, going back hundreds of years, was to schedule weddings on Friday
afternoon.)

Are
those who follow the practice of observing mourning during the beginning of sefirah
permitted to play music during Chol Ha’moed? This subject is disputed by
poskim, but the accepted practice is to permit music during Chol
Ha’moed
(see Piskei Teshuvos 493:6).

There
are several other customs that observe the mourning dates of sefirah in
different ways. Some observe the mourning period the entire time of sefirah
until Shavuos except for Yom Tov, Chol Ha’moed, and Rosh
Chodesh
(and also, presumably, Lag B’Omer). Therefore, they
permit the playing of music on Chol Ha’moed and holding weddings and
playing music on Rosh Chodesh. (One cannot have a wedding on Chol
Ha’moed
for an unrelated reason. The sanctity of Yom Tov precludes
celebrating a wedding on this day; see Moed Katan 8b.)This
approach is based on an early source that states that Rabbi Akiva’s disciples
died only on the thirty-three days of sefirah when tachanun is
recited, thus excluding the days of Shabbos, Yom Tov, Chol Ha’moed, and
Rosh Chodesh (Bach, Orach Chayim quoting Tosafos).
If one subtracts from the forty-nine days of sefirah the days of Pesach,
Chol Ha’moed, Rosh Chodesh,
and the Shabbosos, one is left with
thirty-three days. It is on these days that the mourning is observed. (This
approach assumes that in earlier times tachanun was recited during the
month of Nisan and during the several days before Shavuos.)

Another,
similar, custom is to observe the mourning period only from the second day of
Iyar until Rosh Chodesh, with the exception of Lag B’Omer. This
approach assumes that the mourning period is only on the days when tachanun is
said, but does not assume that there are thirty-three days of mourning.

Yet
another custom recorded is to refrain from taking haircuts or making weddings
from the beginning of sefirah until the morning of Lag B’Omer,
but after Lag B’Omer to observe partial mourning by refraining from
weddings, although haircuts are permitted. This approach follows the assumption
that the original custom of aveilus during sefirah was based on
the fact that the plague that killed the disciples of Rabbi Akiva ended on Lag
B’Omer
. Later, because of the tragedies of the Crusades period, the custom
developed not to schedule weddings between Lag B’Omer and Shavuos.
However, the mourning period instituted because of the tragedies of the
Crusades was not accepted as strictly, and it was permitted to take haircuts(Taz, Orach Chayim 493:2). This is the prevalent custom followed
today by Ashkenazim in Eretz Yisroel.

Still
others have the custom that the mourning period does not begin until after Rosh
Chodesh Iyar
, but then continues until Shavuos (Maharil,
quoted by Darchei Moshe, Orach Chayim 493:3). This approach assumes that
the thirty-three days of mourning are contiguous, but that the mourning period
does not begin until after the month of Nisan is over. In Salonica, they
observed a Sefardic version of this custom: They practiced the mourning
period of sefirah from after Rosh Chodesh Iyar until Shavuos.
However, they took haircuts on the thirty-fourth day of the sefirah count
(cited by Shu”t Dvar Moshe, Orach Chayim #32).

A
similar custom existed in many communities in Lithuania and northern Poland,
where they kept the mourning period of sefirah from the first day of Rosh
Chodesh Iyar
until the morning of the third day of Sivan. According
to this practice, weddings were permitted during the three days before Shavuos.
This practice was based on the assumption that the disciples of Rabbi Akiva
died after Lag B’Omer until Shavuos (Aruch Hashulchan,
based on Gemara Yevamos). Magen Avraham reports that this was the
custom in his area (Danzig/Gdansk); Chayei Adam reports that this was
the practice in his city (Vilna); and Aruch Hashulchan report that this
was the custom in his community (Novardok). These customs are followed to this
day in communities where weddings are allowed after Pesach until the end
of the month of Nisan.

Rav
Moshe Feinstein points out that although these customs differ as to which days are
considered days of mourning, the premise of most of the customs is the same:
Thirty-three days of sefirah should be observed as days of mourning in
memory of the disciples of Rabbi Akiva. In Rav Moshe’s opinion, these different
customs should be considered as one minhag, and the differences between
them are variations in observing the same minhag (Shu”t Igros Moshe
1:159). This has major halachic ramifications, as we shall see.

Can
One Change From One Custom to Another?

We
would usually assume that someone must follow the same practice as his parents
– or the practice of his community –­­ because of the principle of al titosh
toras imecha
, “do not forsake the Torah of your mother” (Mishlei 1:8).
This posuk is understood by Chazal to mean that we are obligated
to observe a practice that our parents observed. However, Rav Moshe Feinstein
contends that many of the different customs currently observed are considered
to be one minhag, and that, when this is the case, changing from one
custom to another that is based on the same halachic considerations does
not constitute changing one’s minhag and therefore permitted. There is
evidence that other, earlier poskim  agreed that a community may change its custom
how it observes the mourning days of sefirah (see Shu”t Chasam Sofer,
Orach Chayim
#142). According to this opinion, the specific dates that one
observes are not considered part of the minhag and are not necessarily
binding on each individual, as long as he observes thirty-three days of sefirah
mourning.

How Should a Community Conduct Itself?

The Rema
rules that, although each of the various customs mentioned has halachic
validity (Darkei Moshe, Orach Chayim 493:3), each community
should be careful to follow only one practice, and certainly not follow the leniencies
of two different customs. If a community follows two different practices, it
appears that Hashem’s chosen people are following two different versions of the
Torah, G-d forbid.

Rav
Moshe Feinstein points out that the Rema is discussing a community that
has only one beis din or only one Rav. Under these circumstances,
the entire community must follow the exact same practice for sefirah. However,
in a city where there are many rabbonim and kehilos, each of
which has its own custom regarding the observance of sefirah, there is
no requirement for the entire community to follow one practice (Shu”t Igros
Moshe
Orach Chayim 1:159). Thus, there is no requirement that
everyone in a large city follow the same custom for sefirah, unless it
has been accepted that the community has one standard custom.

Of
course, as in all matters of halacha, each community should follow its
practices and rabbonim, and each individual should follow the ruling of
his Rav.

Attending
a Wedding During One’s Mourning Period

If a
friend schedules a wedding for a time that one is keeping sefirah, one
is permitted to attend and celebrate the wedding, even listening to music and
dancing (Shu”t Igros Moshe, Orach Chayim 1:159).

Thus,
although I am required to have a mourning period during sefirah of at
least thirty-three days, I may attend the wedding of a friend or acquaintance
that is scheduled at a time that I keep the mourning period of sefirah.
However, Rav Moshe rules that if one is going to a wedding on a day that he is
keeping sefirah, he should not shave, unless his unshaved appearance
will disturb the simcha (Shu”t Igros Moshe, Orach Chayim 2:95).

We
should all hope and pray that the season between Pesach and Shavuos should
cease from being a time of travail, but instead revert to being a time of total
excitement in anticipation of the receiving of the Torah.