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Sefirat Ha-Omer: Mourning Practices During the Omer

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<p>The weeks between <em>Pesach</em> and <em>Shavuot</em> are characterized by excitement and anticipation as the Jewish People count from the Exodus from Egypt until the giving of the Torah. However, they are also marked by the observance of <em>minhagei aveilut</em>, mourning practices.&nbsp; In this <em>shiur</em>, we will study the source, scope, and content of these practices.&nbsp; In addition, we will discuss <em>Lag Ba-Omer</em>, the 33<sup>rd</sup> day of the <em>Omer</em>, which plays a central role in both <em>halakha</em> and <em>minhag</em> during this period.</p>

<p><strong><em>Minhagei Aveilut</em></strong><strong>: The Source and Content</strong></p>

<p>The <em>Geonim</em> (<em>Sha’arei Teshuva</em> 278) cite an ancient custom of observing certain mourning customs during the period of the <em>Omer</em>.</p>

<p>You should know that this does not stem from a prohibition but from a mourning custom, for so said our Sages: “R. Akiva had 12,000 pairs of disciples and they all died between <em>Pesach</em> and <em>Atzeret</em> because they did not treat each other with respect;" and they further taught, "and they all died a cruel death from diphtheria" (<em>Yevamot</em> 62b).&nbsp; And from that time forward, the early Sages had the custom not to marry during these days, but he who “jumps forward” and marries, we do not punish him by punishment or lashes, but if he comes to ask before the fact, we do not instruct him to marry. And as for betrothal, he who wants to betroth between <em>Pesach</em> and <em>Atzeret</em> betroths, because the main joy is the [marriage] <em>chupa</em> (canopy).</p>

<p>The <em>Geonim</em> record that it was customary not to hold weddings during the time of the <em>Omer</em>, between <em>Pesach</em> and <em>Shavuot</em> (which is referred to by the Sages as “<em>Atzeret</em>”). They refer to a passage in <em>Yevamot</em> (62b), which relates the following:</p>

<p>It was said that R. Akiva had twelve thousand pairs of disciples, from Gabbat to Antipatris; and all of them died at the same time because they did not treat each other with respect. The world remained desolate until R. Akiva came to our Masters in the South and taught the Torah to them. These were R. Meir, R. Yehuda, R. Yossi, R. Shimon and R. Elazar ben Shammua, and it was they who revived the Torah at that time.&nbsp; A <em>Tanna</em> taught: All of them died between <em>Pesach</em> and <em>Shavuot</em>.&nbsp; R. Chamma ben Abba or, some say, R. Hiyya ben Abin said: All of them died a cruel death.&nbsp; What was it? R. Nachman replied: Diphtheria.&nbsp;</p>

<p><em>Kohelet Rabba</em> (11) and <em>Bereishit Rabba</em> (61) record the same story, but only mention that they died “during the same period," and they attribute their death to “being stingy with their Torah” (<em>lefi she-einehem tzara</em>).&nbsp; R. Akiva urged his new students not to behave in such a manner, and in turn, “the world was filled with Torah.”</p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the Middle Ages, the <em>Rishonim</em> attributed other reasons to these mourning practices. Some ascribe the mourning practices to the precarious state of the Jewish People during this period, as they pray that God judges the world favorably (see <em>Avudraham</em>; <em>Rabbeinu Yerucham</em>, <em>Toledot Adam Ve-Chava</em> 1:5). Thus, these practices are intended to arouse <em>teshuva</em>, and not necessarily as an expression of mourning.&nbsp; Others relate these <em>minhagei aveilut</em> to the destruction of the flourishing Jewish communities of France and Germany during the Crusades (11<sup>th</sup> and 12<sup>th</sup> centuries).&nbsp; The <em>Sefer Assufot</em> (13<sup>th</sup> century Germany), for example, records that “people do not marry between <em>Pesach</em> and <em>Atzeret</em>; this is because of the pain of the decrees, that the communities were killed in this entire kingdom.” The <em>Taz</em> (493:2) and the <em>Arukh Ha-Shulchan</em> (493) cite this reason as well.&nbsp;</p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Similarly, R. Yaakov Emden (1697-1776) writes in his <em>Siddur Beit Yaakov</em>, “R. Akiva's students died and, due to our many sins, a number of communities were destroyed at the same time of year during the Crusades in Ashkenaz and in 5408 in Poland."&nbsp; The latter refers to the Chmielnicki massacres, which took place in the Spring of 1648.&nbsp;</p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Although some have objected to the observance of <em>Yom Ha-Shoah</em>, the day of commemoration for the murder of six million Jews during the Holocaust, because it falls out during the festive month of Nisan, these sources may indicate that remembering the tragedies that befell the Jewish People during the period of <em>Sefirat Ha-Omer</em> has its precedents.&nbsp;</p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Interestingly, neither the <em>Rambam</em> nor the <em>Machzor Vitry</em> records these mourning customs.</p>

<p><strong>Music during <em>Sefirat Ha-Omer</em></strong></p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Which <em>minhagei aveilut</em> are observed during this time period? As mentioned above, the <em>Geonim</em> write that weddings are not held between <em>Pesach</em> and <em>Shavuot</em>.&nbsp; The <em>Tur</em> (493) mentions this custom and adds that in some places, people do not take haircuts as well.&nbsp; The <em>Shulchan Arukh</em> (493:1-2) cites both of these customs.</p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Do these customs comprise a specific pattern or theme? Interestingly, the <em>Geonim</em> seem to prohibit holding wedding ceremonies. It seems that the custom originally only included getting married, and later, cutting one’s hair. The Tur, however, writes that it is customary “not to increase one’s joy” (<em>le-harbot be-simcha</em>) during this time. Does he mean to imply that other practices should be prohibited as well?</p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The <em>Magen Avraham</em> (493:1), cited by the <em>Mishna Berura</em> (493:3), permits holding an engagement party (<em>se’udat shidduchin</em>), but adds that there should not be dancing (<em>rikudim u-mecholot</em>). This position implies that although a festive social gathering for a positive purpose is permitted, dancing, even in such a context, is prohibited. Although the <em>Magen Avraham</em> also extends the custom to avoid dancing, he does not mention either playing or listening to music.</p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Apparently, the <em>Magen Avraham</em> identifies the festive environment caused by music as that which the <em>Geonim</em> prohibited.&nbsp; Does this custom cited by the <em>Magen Avraham</em> to refrain from <em>rikudim u-mecholot</em> include playing or listening to music?</p>

<p>The <em>Arukh Ha-Shulchan</em> (493:2), who also permits social gatherings (<em>se’udot reshut</em>) without dancing, adds that since dancing is prohibited, <em>a fortiori</em>, playing musical instruments is prohibited as well.&nbsp;</p>

<p>R. Yitzchak Weiss (<em>Minchat Yitzchak</em> 1:111) also discusses this issue. He first suggests that even if playing musical instruments does not technically fit into the activities prohibited during the <em>Omer</em>, if the community has already accepted upon themselves a certain stringency, the practice becomes prohibited, similar to a <em>neder</em> (vow).&nbsp; He then argues that playing music is indeed included in the prohibited activities of the <em>Omer</em>.&nbsp; He brings, for example, a responsum of R. Shalom Mordecai Schwadron (<em>Da’at Torah, Orach Chaim </em>493:1), who cites the <em>Da’at Kedoshim</em>’s warning that those who hold a wedding on <em>Lag Ba-Omer</em> should be careful to conclude the wedding music before sundown, as it is prohibited to continue playing during the <em>Omer</em>, after nightfall.&nbsp; He also notes that the <em>Magen Avraham</em> (551:9) himself, regarding the laws of the <em>Bein Ha-Metzarim</em> (the three weeks between <em>Shiva Asar Be-Tamuz</em> and <em>Tisha Be-Av</em>), repeats that one should not engage in <em>rikudim u-mecholot</em>.&nbsp; R. Weiss asserts that just as the <em>Acharonim</em> (see <em>Pri Megadim, Eshel Avraham, Orach Chaim </em>651:10; <em>She’elot U-Teshuvot Maharam Schick</em>, <em>Yoreh De’ah</em> 368; <em>Kitzur Shulchan Arukh</em> 122:1), regarding <em>Bein Ha-Metzarim</em>, include a prohibition of playing instruments in <em>rikdum u-mecholot</em>, the same applies during the <em>Omer</em>.&nbsp;</p>

<p>Numerous other Acharonim, including R. Moshe Feinstein (<em>Yoreh De’ah</em> 2:137, <em>Orach Chaim</em> 1:165), R. Ovadya Yosef (<em>Yechave Da’at</em> 6:34), and R. Eliezer Waldenberg (<em>Tzitz Eliezer</em> 15:33), prohibit playing and listening to music, even from a radio, during the period of the <em>Omer</em>.&nbsp;</p>

<p>Other recent authorities, however, have challenged the assumption that all music should be prohibited.&nbsp; First, we should note that the view of the <em>Magen Avraham</em>, the first mention of a prohibition of <em>rikudim u-mecholot</em>, should most likely be viewed as a stringency, added to a custom, even if it has become accepted practice. Second, even the <em>Magen Avraham</em> himself never mentioned a prohibition of listening to music, but only dancing, similar to the behavior at a wedding. Although refraining from <em>rikudim u-mecholot</em> during the <em>Omer</em> may be the accepted custom, it is far from obvious that this custom includes playing or listening to music.</p>

<p>Indeed, R. Shlomo Daichovsky (<em>Techumin</em> 21) argues that during <em>Bein Ha-Metzarim</em>, the custom only prohibits music that leads to <em>rikudum u-mecholot</em>.&nbsp; However, playing classical music, for example, is permitted. Furthermore, he argues that one should not compare the mourning practices observed during <em>Bein Ha-Metzarim</em> and those of the <em>Omer</em>.&nbsp; Therefore, he sees no reason to prohibit music which does not involve <em>rikudim u-mecholot</em> during the period of the <em>Omer</em>.&nbsp;</p>

<p>Furthermore, R. Eliyahu Schlesinger, Rav of the Gilo neighborhood of Jerusalem and author of numerous works on <em>halakha</em>, vehemently disagrees with the stringent position (<em>Eileh Hem Mo’aday, Sefirat Ha-Omer</em>). In a lengthy essay in which he defends his role in permitting the radio station <em>Kol Simcha</em> to play calm and soothing music during the <em>Omer</em>, he argues that only music that leads to <em>rikudim u-mecholot</em> is prohibited during the <em>Omer</em>. Music which is spiritually uplifting and soothing to one’s soul is certainly permitted. He insists that listening to music from a radio is, for many people, part of their daily experience, and can hardly be considered something that causes such great joy that it should be prohibited during the <em>Omer</em>. He marshals a host of contemporary <em>Posekim</em>, not all who wished to be identified, who agree with his view.&nbsp;</p>

<p>Seemingly, this approach would permit playing spiritually uplifting music or music appropriate for the time period (such as sad music on <em>Yom Ha-Zikaron</em>).&nbsp; Furthermore, music played in the “background" and during exercising, and certainly music played while driving so that one should not fall asleep, should be permitted.&nbsp; Finally, one may learn to play music for professional reasons (<em>Iggerot Moshe</em>, <em>Orach Chaim</em> 3:87).&nbsp;</p>

<p>There may be another reason to permit listening to music as well. Until now we have assumed, based on the <em>Magen Avraham</em>, that while social gatherings are permitted, music that may lead to <em>rikudim u-mecholot</em>, or possibly even all music, would be prohibited. R. Soloveitchik (see <em>Shiurei Ha-Rav</em> [OU, 1999], <em>Inyanei Tisha Be-Av</em>, p.&nbsp; 20-21; <em>Nefesh Ha-Rav</em> p. 191, for example) disagreed. He explained that the <em>aveilut</em> customs observed during the period of the <em>Omer</em>, as well as those observed during <em>Bein Ha-Metzarim</em>, must conform to some prior halakhic pattern.</p>

<p>He notes that in the laws of <em>aveilut</em>, we generally speak of three periods of mourning: <em>shiva</em> (the seven day period after the burial), <em>sheloshim</em> (the thirty days after burial), and the <em>yud-bet chodesh</em> (the twelve month period after the death of a parent).&nbsp; R. Soloveitchik maintained that the mourning practices of <em>Sefirat Ha-Omer</em> conform to the <em>halakhic</em> category of “<em>yud-bet chodesh</em>,” the twelve month period of mourning for one’s parent. Indeed, the laws that characterize the <em>yud-bet chodesh</em> include the prohibition of attending a “<em>beit ha-mishteh</em>” (<em>Mo’ed Katan</em> 22b; <em>Shulchan Arukh</em>, <em>Yoreh De’ah</em> 391) and taking a haircut (<em>Mo’ed Katan</em> 22b, <em>Shulchan Arukh</em>, <em>Yoreh Deah</em> 390:4; <em>Rama</em>), similar to the original two laws mentioned by the <em>Geonim</em>.&nbsp;</p>

<p>If so, then the <em>Geonim</em> fundamentally only prohibited social gatherings, known as <em>simchat meri’ut</em>.&nbsp; Therefore, while a concert might be prohibited, privately listening to music, or even attending a movie, certainly is not.&nbsp; Furthermore, social gatherings, even without music, such as a baseball game, may also be prohibited, against the view of the <em>Magen Avraham</em>.&nbsp;</p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Despite the custom to refrain from playing music and dancing during the Omer, the <em>Magen Avraham</em> writes that at a <em>se’udat eirusin</em>, a meal held in honor of a betrothal (known also as <em>kiddushin</em>), <em>rikudin u-mecholot</em> are permitted.&nbsp; Although parties held in honor of an engagement nowadays are not considered to be <em>se’udot mitzva</em>, many <em>posekim</em> permit playing music and dancing at other <em>se’udot mitzva</em>, such as at a <em>sheva berakhot </em>for a wedding held on <em>Lag Ba-Omer</em> (<em>Iggerot Moshe, Orach Chaim</em> 2:9 and <em>Even Ha-Ezer</em> 1:97), a <em>brit mila</em>, <em>pidyon ha-ben</em>, <em>bar mitzva</em> (held on the actual day of the <em>bar mitzva</em>), or even a <em>siyum masekhet</em> (<em>Yechave Da’at</em> 6:34). Others (<em>Minchat Yitzchak</em> 1:111, cited above) prohibit this.&nbsp;</p>

<p><strong>Haircuts and Shaving during the <em>Omer</em></strong></p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As mentioned above, it is customary to refrain from cutting one’s hair during the <em>Omer</em>.&nbsp; Although this prohibition applies to both men and women, a married woman may cut hair that protrudes from her head covering, as well as trim her eyebrows, remove facial hair, and shave her legs.&nbsp;</p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; May a man shave his face during the <em>Omer</em>? Many <em>Acharonim</em> equate shaving with cutting one’s hair (see <em>Iggerot Moshe</em> 2:96 and <em>Yechave Da'at</em> 4:32), although they permit shaving, when necessary, for work (<em>Iggerot Moshe,</em> <em>Orach Chaim</em> 4:102).&nbsp; One might suggest that this leniency is more applicable outside of Israel; in Israel, where it is very common for people not to shave during the <em>Omer</em>, it may be less appropriate to rely upon this leniency.&nbsp;</p>

<p>Some permit shaving in honor of the Sabbath. They base this practice upon a discussion regarding shaving before <em>Shabbat</em> during <em>Bein Ha-Metzarim</em>.&nbsp; The Talmud (<em>Ta’anit</em> 26b) teaches that “During the week on which <em>Tisha Be-Av</em> falls, it is prohibited to cut hair and to wash clothes, but it permitted on Thursday for <em>kevod Shabbat</em>." The <em>Rishonim</em> disagree as to whether the <em>gemara</em> permits taking a haircut and laundering in honor of <em>Shabbat</em> or only laundering. The <em>Rama</em> (551:3) rules that one may wear laundered clothing for <em>Shabbat</em> during the Nine Days, and implies that one may wash them as well. The <em>Magen Avraham</em> (14) cites the <em>Darkhei Moshe</em>, who writes that although it is customary to refrain from laundering even for the <em>Shabbat</em>, if one doesn’t have another shirt, one may wash a shirt for <em>Shabbat</em>.&nbsp; He adds that we do not permit haircuts before <em>Shabbat</em>, as people are not generally accustomed to taking a haircut every week, as they are to laundering (and bathing!).&nbsp; The <em>Chatam Sofer</em> (<em>Yoreh De’ah</em> 348) suggests that this rationale would imply that one who shaves daily would certainly be able to shave for <em>Shabbat</em>.&nbsp;</p>

<p>Thus, according to some <em>Rishonim</em>, one may even take a haircut before <em>Shabbat</em> during the week of <em>Tisha Be-Av</em>. Even according to those who only permit laundering, haircuts were only prohibited because one does not normally cut one’s hair weekly. According to this argument, shaving before <em>Shabbat</em> may be permitted.&nbsp;</p>

<p>Based upon the above, some (R. Aharon Lichtenstein and R. Yichya Tzalach [<em>Maharitz</em>] in his responsa <em>Pe’ulat Tzedek</em> 2:76, for example) permit shaving before <em>Shabbat</em> during the period of the <em>Omer</em>.&nbsp;</p>

<p>According to R. Soloveitchik (cited above), who equates the <em>aveilut</em> practices of the <em>Omer</em> to those of <em>yud-bet chodesh</em>, shaving would be permitted daily, throughout the <em>Omer</em>.&nbsp; That was his custom, and of many of his students acted accordingly.&nbsp;</p>

<p>The <em>Mishna Berura</em> (493:5) rules that when <em>Rosh Chodesh Iyar</em> falls on <em>Shabbat</em>, one may cut one’s hair (or shave) on Friday, <em>Erev Sabbat</em>.&nbsp; He explains that the combination of <em>Rosh Chodesh</em> and <em>Shabbat</em> generates “<em>tosefet simcha</em>” (extra joy) for which one may certainly cut one’s hair in honor of the <em>Shabbat</em>.&nbsp;</p>

<p>The <em>posekim</em> disagree as to whether one may cut one’s hair before <em>Shabbat</em> when <em>Lag Ba-Omer</em> falls on Sunday. The <em>Maharil</em> (<em>Dinim U-Minhagim Bein Pesach Le-Shavuot</em> 8) writes that in this case, one may not cut one’s hair on Friday. The <em>Mahari Weil</em> (<em>Chidushei Dinim Ve-Halakhot</em>, 51) disagrees and rules that one may cut one’s hair on Friday. The <em>Rama</em> (493:2) rules accordingly and writes that if <em>Lag Ba-Omer</em> falls on Sunday, one may take a haircut before <em>Shabbat</em>.</p>

<p><strong>Purchasing New Garments and Reciting <em>She-hechiyanu</em> during the <em>Omer</em></strong></p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Should one refrain from purchasing new garments and reciting the blessing of <em>she-hechiyanu</em> during the <em>Omer</em>?</p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; R. Yaakov ben Moshe Moellin (1360–1427), known as the <em>Maharil</em>, cites the <em>Sefer Chassidim</em> (840), who writes that during the period between <em>Shiva Asar Be-Tamuz</em> and <em>Tisha Be-Av</em>, one should avoid saying the <em>berakha</em> of <em>she-hechiyanu</em> on new fruit or new clothing. The <em>Shulchan Arukh</em> (551:17) rules accordingly. Although some (see <em>Leket Yosher</em>, <em>Orach</em> <em>Chaim</em> p. 97) cite this custom, the <em>Ma’amar Mordekhai</em> (493:2) criticizes those who refrain from saying <em>she-hechiyanu</em> during the <em>Omer</em> as well.&nbsp; He writes:</p>

<p>Some have the practice of avoiding the recitation of <em>she-hechiyanu</em> during the period of <em>sefira</em>, though I have not seen this in any work by a <em>Rishon</em> or <em>Acharon</em>; there is no doubt that this custom evolved [mistakenly]… from [the <em>halakhot</em>] of <em>Bein Ha-Metzarim</em> [the Three Weeks].</p>

<p>The <em>Ma’amar Mordekhai</em> attributes this practice to those who mistakenly equate the period of the <em>Omer</em> with <em>Bein Ha-Metzarim</em>. In addition, the <em>Kaf Ha-Chaim</em> (493:4), <em>Mishna Berura</em> (493:2), R. Ovadya Yosef (<em>Yabi’a Omer, Orach Chayim</em> 3:26 and <em>Yechave Da’at</em> 1:24) agree that one may recite <em>she-hechiyanu</em> during the <em>Omer</em>.&nbsp;</p>

<p>Similarly, although some discourage moving into a new house during the <em>Omer</em>, most <em>posekim</em> (<em>Yechave Da’at</em> 3:30, <em>Tzitz Eliezer</em> 11:41) are lenient.</p>

<p><strong>During Which Days are the Mourning Customs Observed?</strong></p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Different communities observe the <em>minhagei aveilut</em> during different parts of the <em>Omer</em> period.&nbsp; What is the basis for these customs? One can identify three different approaches, with different variations.&nbsp;</p>

<p>1- <strong>The entire <em>Omer</em></strong>: The <em>Sha’arei Teshuva</em> (493:8) reports that the Ari <em>z”l</em> would not take a haircut for the entire period of the <em>Omer</em>, until <em>Erev Shavuot</em>.&nbsp; This, of course, is based upon the simple understanding of the Talmud’s description of the death of the students of R. Akiva, “from <em>Pesach</em> until <em>Atzeret</em>.”&nbsp; Similarly, the <em>Mishna Berura</em> (15) relates that some observe these <em>minhagei aveilut</em> for the entire period of the <em>Omer</em>, excluding <em>Rosh Chodesh Iyar</em>, <em>Lag Ba-Omer</em>, and from <em>Rosh Chodesh Sivan</em> until <em>Shavuot</em>.&nbsp;</p>

<p>2- <strong>From <em>Pesach</em> until <em>Lag Ba-Omer</em></strong>: Many are accustomed to observe only the first part of this period. Assuming that the <em>minhagei aveilut</em> were instituted in commemoration of the students of R. Akiva who died during this period, there are conflicting traditions regarding the days upon which they died. R. Yehoshua ibn Shu'ib (1280-1340), a student of the <em>Rashba</em>, cites two possibilities in his <em>Derashot</em> (<em>Yom Rishon shel Pesach</em>).&nbsp; According to one approach, based upon a <em>midrash</em>, the students of R. Akiva died until “<em>peros ha-atzeret</em>.” &nbsp;The term “<em>peros ha-atzeret</em>” is understood to refer to “half of a month," or at least fifteen days.&nbsp; If so, then <em>peros ha-atzeret</em> falls out on the 34<sup>th</sup> day of the <em>Omer</em>, fifteen days before the end of the count. One should therefore observe the customs of mourning for the first 34 days of the Omer. R. Ibn Shuib, however, writes that one may invoke the principle of “<em>miktzat ha-yom ke-kulo</em>” (part of a day counts as the entire day), which is applicable when the <em>halakha</em> demands that one count days, such as the “<em>shiva neki’im</em>” (seven clean days) of a <em>zava</em> <em>gedola</em> and the seven days of mourning (“<em>shiva</em>”). Therefore, just as a mourner finishes the <em>shiva</em> on the mourning of the seventh day, one may finish the mourning of the <em>Omer</em> period on the morning of the 34<sup>th</sup> day.&nbsp; The <em>Shulchan Arukh</em> (493:2) cites this opinion.&nbsp;</p>

<p>The <em>Tur</em> (495) mentions those who cut their hair on the 33<sup>rd</sup> day of the <em>Omer</em>, <em>Lag Ba-Omer</em>.&nbsp; Apparently, they understand that R. Akiva’s students died until the 33<sup>rd</sup> day of the <em>Omer</em> (<em>Sefer Ha-Manhig</em>, <em>Hilkhot Eirusin Ve-Nisu’in</em>; <em>Meiri</em>, <em>Yevamot</em> 62b; <em>Mishna Berura</em> 493:8).&nbsp; Therefore, using the same rationale, they invoke the principle of “<em>miktzat ha-yom ke-kulo</em>” and cease to observe the mourning practices on the morning of <em>Lag Ba-Omer</em>. The <em>Gra</em> explains that this is the basis for the opinion of the <em>Rama</em>, who writes that Ashkenazim do not observe mourning customs on <em>Lag Ba-Omer</em>, but rather take haircuts and “rejoice a bit.”</p>

<p>3- <strong>Thirty Three Days of Mourning</strong>: The <em>Derashot Ibn Shu’ib</em> cites the opinion of the <em>Tosafot</em>, which appears in the <em>Maharil</em> (<em>Minhagim</em>, <em>Dinei Ha-Yamim She-Bein Pesach Le-Shavu’ot</em> 7) as well, which claims that the students of R. Akiva did not die on days in which “<em>techina</em>” (<em>tachanun</em>) is not recited, i.e. on festive days.&nbsp; Therefore, if one subtracts the 16 days (seven days of <em>Pesach</em>, the three days of <em>Rosh Chodesh</em> (Iyar [2] and Sivan [1]), seven <em>Shabbatot</em>) from the 49 days of the <em>Omer</em>, we are left with 33 days upon which the students of R. Akiva died. Therefore, the custom fundamentally is to observe mourning practices for 33 days.&nbsp; According to this custom, when are these 33 days observed?</p>

<p>Some observe these 33 days from the beginning of the <em>Omer</em>, i.e.&nbsp; the second day of <em>Pesach</em> until <em>Lag Ba-Omer</em>.&nbsp; The <em>Bach</em> (493) explains that this is the reason behind the opinion of the <em>Rama</em>, cited above.&nbsp; Many communities, especially German communities, observed these 33 days during the “second half” of the <em>Omer</em>, as the Crusades occurred during the months of Iyar and Sivan.&nbsp; Some observe them from the second day of <em>Rosh Chodesh</em> <em>Iyar</em> until <em>Erev Shavuot</em>.&nbsp; Others begin from the first day of <em>Rosh Chodesh</em> (the 30<sup>th</sup> of Nisan) and observe until the 3<sup>rd</sup> of Sivan, leaving out the three days before <em>Shavuot</em>, known as the “<em>shaloshet yemei hagbala.</em>”</p>

<p>Based upon the calculation cited above, the <em>Magen Avraham</em> (493:5) cites another view, which claims that one should observe <em>minhagei aveilut</em> on all days that R. Akiva students died.&nbsp; Therefore, aside from <em>Pesach</em>, <em>Shabbat</em>, <em>Rosh Chodesh</em>, and <em>Lag Ba-Omer</em>, one should keep the mourning practices throughout the <em>Omer</em>.&nbsp; The <em>Rama</em>, as he notes, clearly rejects this opinion.&nbsp;</p>

<p>The <em>Rama</em> (493:3) states that one should not accept the leniencies of both opinions – for example, to take a haircut on <em>Rosh Chodesh</em> <em>Iyar</em> and after <em>Lag Ba-Omer</em>.&nbsp;</p>

<p>Incidentally, in Israel, it is customary for many Ashkenazim to refrain from holding weddings for the entire period of the Omer, until <em>Rosh Chodesh Sivan</em>, excluding, of course, <em>Lag Ba-Omer</em>.&nbsp;</p>

<p>May one who observes the second part of the <em>Omer</em>, from <em>Rosh Chodesh</em> until <em>Shavuot</em> (excluding <em>Lag Ba-Omer</em>), attend a wedding held by one who observes the first part of the <em>Omer</em>? Although the <em>Chatam Sofer</em> (<em>Orach Chaim</em> 142) prohibits this, as by participating one has not fully observed either part of the <em>Omer</em>, R. Moshe Feinstein (<em>Iggerot Moshe</em>,<em> Orach Chaim</em> 1:159) and R. Soloveitchik (see <em>Nefesh Ha-Rav</em>, p. 192) permit it.</p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It is customary to suspend the mourning practices on the morning of <em>Lag Ba-Omer</em>, by invoking the principle “<em>miktzat ha-yom ke-kulo</em>.” Can that principle be employed at night as well? Indeed, it is quite common for weddings to be held on the eve of <em>Lag Ba-Omer</em>.</p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The <em>Beit Yosef</em> (493) cites the <em>Ramban</em> (<em>Torat Ha-Adam</em>), who applies the principle of <em>miktzat ha-yom ke-kulo</em> to the nighttime. Accordingly, one would be able to shave and get married on the evening of <em>Lag Ba-Omer</em>. The <em>Shulchan Arukh</em> (493:2), however, rejects this view.&nbsp;</p>

<p>The <em>Eliya Rabba</em> (493:7) writes that although one may act leniently regarding haircuts on the night of <em>Lag Ba-Omer</em>, he has not seen that people permit holding a wedding on the evening of <em>Lag Ba-Omer</em>. He concludes that on <em>Erev Shabbat</em>, in extenuating circumstances, one would be permitted to be married at night of <em>Lag Ba-Omer</em> (i.e. Thursday night).&nbsp; R. Moshe Feinstein (<em>Iggerot Moshe</em> <em>Orach Chaim </em>1:159) argues the opposite: while one should be stringent and not apply the principle of <em>miktzat ha-yom ke-kulo</em> at night regarding shaving, one may apply it for a marriage, as marriage is a <em>mitzva</em>. Some <em>Acharonim</em> endorse relying upon this view.&nbsp; Furthermore, the <em>Shulchan Arukh Ha-Rav</em> (493:5) claims that those who do not recite <em>tachanun</em> at <em>Mincha</em> before <em>Lag Ba-Omer</em> clearly believe that the entire day of <em>Lag Ba-Omer</em> is celebratory, and therefore one may get married at night without invoking the principle of <em>miktzat ha-yom kekulo</em>! One who is invited to a wedding on the evening of <em>Lag Ba-Omer</em> may certainly attend (see above) and may shave if his appearance would cause great discomfort (<em>Iggerot Moshe</em>, <em>Orach Chaim</em> 2:95).&nbsp;</p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; One who does not have a specific family custom may accept any of these <em>minhagim</em> (<em>Mishna Berura</em> 493:17). Some maintain that one may even change one’s custom from year to year without <em>hatarat nedarim</em> (<em>Iggerot Moshe</em>,<em> Orach Chaim</em> 1:159).&nbsp;</p>

<p><strong><em>Lag Ba-Omer</em></strong></p>

<p>As mentioned above, almost all communities suspend, or even cancel, the <em>minhagei aveilut</em> for <em>Lag Ba-Omer</em>.&nbsp; What is the uniqueness of <em>Lag Ba-Omer</em>?</p>

<p><em>Lag Ba-Omer</em> does not appear in Rabbinic literature until the early 14<sup>th</sup> century.&nbsp; As we discussed, the <em>Meiri</em> (<em>Beit Ha-Bechira</em>, <em>Yevamot</em> 62b) relates that “according to the tradition of the <em>Geonim</em>… the plague ceased” on <em>Lag Ba-Omer</em>. The <em>Derashot R. Ibn Shuib</em> also cites a <em>midrash</em> which claims that the plague that killed the students of R. Akiva ended “<em>be-peros ha-atzeret</em>," which, according to some, refers to <em>Lag Ba-Omer.</em></p>

<p>The <em>Peri Chadash</em> (493) questions how <em>Lag Ba-Omer</em>, the day which apparently marks the death of the last of R.&nbsp; Akiva’s students, can be considered a day of <em>simcha</em>. He suggests that the <em>simcha</em> relates to those students who didn’t die - to the five students he began teaching afterwards. Indeed, the <em>Chida</em> (<em>Tov Ayin, Orach Chaim</em> 493:8) explains that on <em>Lag Ba-Omer</em>, R. Akiva began teaching these five students, the next generation of Torah scholars. As the <em>midrash</em> (<em>Kohelet Rabba</em> 11) relates, when R. Akiva began teaching his five new students, “the world was filled with Torah.” R. Chaim Vital (<em>Sha’ar Ha-Kavannot</em>, <em>Inyan Sefirat Ha-Omer,</em> <em>Derush</em> 12) asserts that R. Akiva “gave <em>semicha</em>” to his five students on <em>Lag Ba-Omer</em>. Much of our <em>Torah She-be’al Peh</em> is based upon the teachings of these students, including R. Shimon bar Yochai.&nbsp;</p>

<p>Alternatively, R. Chaim Vital (<em>Peri Etz Chayyim</em>, <em>Sha’ar Sefirat Ha-Omer,</em> ch.7) describes <em>Lag Ba-Omer</em> as the “<em>hilula</em>," the anniversary of the death, of R.&nbsp; Shimon bar&nbsp; Yochai, the <em>Tanna</em> to whom the <em>Zohar</em> is attributed. Interestingly, a parallel text, also authored by R. Chaim Vital (<em>Sha’ar Ha-Kavannot, Inyan Sefirat Ha-Omer, Derush</em> 12), describes <em>Lag Ba-Omer </em>as “<em>yom simchato</em>” (the day of joy), and not “<em>yom she-meit</em>” (the day he died), possibly relating to his receiving <em>semicha</em> (as above) on <em>Lag Ba-Omer</em>.&nbsp; The <em>Benei Yissaschar</em> (<em>Ma’amar</em> 3, <em>Lag Ba-Omer</em> 2) insists that R. Shimon bar Yochai was also born on <em>Lag Ba-Omer</em> (see <em>Kaf Ha-Chaim</em> 493:4).&nbsp; Some (see <em>Arukh Ha-Shulchan</em> 493:7) suggest that R. Shimon bar Yochai “emerged from the cave” (see <em>Shabbat</em> 33-34) on <em>Lag Ba-Omer</em>.&nbsp;</p>

<p>R. Chaim Vital (above) relates how his teacher, the Arizal, would visit the grave of R. Shimon bar Yochai at Meiron, and even cut his son’s hair there, on <em>Lag Ba-Omer</em>.&nbsp; The modern celebrations at Meiron began in 1833 and to this day attract hundreds of thousands of visitors.&nbsp; Shai Agnon wrote regarding these festivities:</p>

<p>One who has not seen the festivities of <em>Lag Ba-Omer</em> on the grave of R. Shimon bar Yochai in Meiron, has never seen true joy. Jews, in droves, ascend with songs and instruments, and come to this place, from all of the cities of Israel and the lands of Edom and Yishmael and stand there all night and day and learn… and pray and recite psalms…</p>

<p>Celebrations spread throughout Northern Africa and to Chassidic communities in Russia and Poland and were often marked by the study of the <em>Zohar</em>.&nbsp;</p>

<p>Not everyone was pleased by the festivities at Meiron.&nbsp; R. Moshe Sofer (<em>Yoreh De’ah</em> 236), for example, harshly criticizes the celebration. &nbsp;He suggests that although it may be permitted, and possibly obligatory, to establish a festive day in honor of one’s being saved from a life-threatening situation, treating <em>Lag Ba-Omer</em> as a festival may violate the biblical prohibition of <em>bal tosif</em>! He further suggests that one should commemorate <em>Lag Ba-Omer</em> as the day that the manna&nbsp; began to fall, but not through festivities.&nbsp;</p>

<p>Despite the <em>Chatam Sofer’s</em> objections, <em>Lag Ba-Omer</em> is observed around the world, often with bonfires accompanied by singing and dancing. The Jewish people celebrate the continuation of the Torah after the death of R. Akiva’s students, and attempt to taste the depth and secrets of the Torah, revealed by R. Shimon bar Yochai.&nbsp;</p>

<p><strong><em>Sefirat Ha-Omer </em></strong><strong>- A Period of Happiness</strong></p>

<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Although we discussed the custom of observing certain <em>minhagei aveilut</em> during this period and we noted that some commentators view this time as a period of judgment, the <em>Ramban</em> (<em>Vayikra</em> 23:36) asserts that the days between <em>Pesach</em> and <em>Shavuot</em> are actually similar to <em>Chol Ha-Moed</em>.</p>

<p>And you should count 49 days, and seven weeks, and sanctify the eighth day, like the eighth day of <em>Sukkot</em>, and these days which are counted in between are akin to <em>Chol Ha-Moed,</em> between the first and eighth of a festival… and that is why our Rabbis refer to Shavuot as “<em>atzeret</em>” (a day of cessation), as it is similar to the eighth day of <em>Sukkot,</em> which is called “<em>atzeret.</em>”&nbsp;</p>

<p>The <em>Ramban</em> views <em>Pesach</em> as the first festive day, <em>Shavuot</em> as the last day, and the entire interim period as a quasi <em>Chol Ha-Moed</em>.&nbsp; These days, fundamentally, are days of excitement, anticipation, and happiness leading up to the giving of the Torah on <em>Shavuot</em>.&nbsp;</p>

<p>The period of <em>Bein Ha-Metzarim</em>, between <em>Shiva Asar Be-Tamuz</em> and <em>Tisha Be-Av,</em> is categorically defined as a period of mourning. One who increases and intensifies his mourning for <em>Yerushalayim</em> and the <em>Beit Ha-Mikdash</em> is praiseworthy.&nbsp; The days of <em>Sefirat Ha-Omer</em>, however, are quite different. Indeed, R. Ovadya Yosef (<em>Yechave Da’at</em> 3:30) argues that “God forbid one should not view the days of <em>Sefira</em> as days of tragedy,” and refrain from reciting the <em>she-hechiyanu</em> blessing or from moving into a new house.&nbsp; Therefore, one must strike a balance between the customary mourning practices, which serve to remind us of the behavior which led to the death of R. Akiva’s students, antithetical to the unity which the Jewish people displayed before receiving the Torah (<em>Shemot</em> 19:2, see <em>Rashi</em>), and the festive nature of the period, as described by the <em>Ramban</em>.</p>

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