18 – The Proper Time for Birkat HaLevanah

Many Rishonim hold that the time for Birkat HaLevanah starts on the first day that the moon is visible, and that the earlier one says the blessing the better (Rambam, Hilchot Berachot 10:17; Rosh; and others). Several poskim, however, maintain that it is preferable to wait until the moon increases a bit, when it is possible to benefit from its light. Some say one should wait until three whole days pass, for that is when the moon’s light becomes substantial (R. Saadia Gaon, Talmidei Rabbeinu Yonah). Others say seven days must pass, because that is when one can truly benefit from its light (Rama of Panow, Responsa 78). According to some of the greatest Kabbalists – most notably, R. Yosef Gikitilla – one should wait seven days, for esoteric reasons. They explain that the renewal of the moon’s light alludes to man’s renewal, and whenever there is a new development, there is concern that the Attribute of Justice might prosecute and hinder the new growth. Therefore, it is proper to wait seven days, like the seven days of Creation, for by then the moon’s light has stabilized and the Attribute of Justice can no longer wage war against the new beginning.

Sefardim and Hasidim are accustomed not to recite the blessing before the seventh of the month (Shulchan Aruch 426:4), while Ashkenazim say it after three days (Bach, Mishna Berura 426:20). In practice, the custom is to bless the new moon on Saturday night, in order to say the blessing joyously, while wearing nice clothing. Thus, practically speaking, Ashkenazim and Moroccan Jews recite Birkat HaLevanah on the Saturday night that follows three whole days after the molad (the “rebirth” of the moon), while Sefardim and Hasidim say it on the first Saturday night after the seventh of the month.

There is a dispute regarding how to act when the seventh of the month begins on a Saturday night, but seven complete days from the time of the molad[168 hours] have not yet passed. Some authorities insist that we postpone the blessing until the next night, or the next Saturday night, which will fall out on the fourteenth of the month (Rashash, Rebbe Zalman of Liadi, Kaf HaChaim 426:61). Others contend that even if a few hours remain until the end of the seventh day from the molad, one may say Birkat HaLevanah(Knesset HaGedolah, Yechaveh Da’at 2:24). If people from different ethnic backgrounds pray together, and the seventh of the month falls out on a Saturday night, it is proper for everyone to recite Birkat HaLevanah, according to the opinion of the majority of poskim^[25].

One who failed to say Birkat HaLevanah by the seventh of the month can say it until the end of the night of the fifteenth, because the moon is still full until then. Afterwards, it begins to wane, and therefore, the blessing cannot be said from the night of the sixteenth and onward (Shulchan Aruch 426:3).

Preferably, one should take into account the opinion of the Maharil, who holds that one may not say Birkat HaLevanah after half of the moon’s cycle has elapsed (14 days, 18 hours, and approximately 20 minutes from the time of the molad). This time rarely passes the beginning of the night of the fourteenth. By the night of the fifteenth, the moon’s cycle sometimes reaches the halfway mark, and sometimes not (Rama 426:3, Kaf HaChaim 53). Nevertheless, in practice, one who did not say the blessing by the fourteenth may say it until the end of the night of the fifteenth (Biur Halachah 426:3, Yabi’a Omer 8:42).

1 – The Mitzvah and its Meaning

Starting from the night of the Omer harvest, there is a mitzvah to count forty-nine days, which are seven weeks.  The Omer is harvested on the sixteenth of Nissan, which coincides with the night after the first day of Pesach.  That night, [our ancestors] would go out [to the fields], cut down stalks of barley, bring them to the Temple courtyard, thresh them, winnow them, separate out the chaff, toast the grains, grind them well, produce a tenth of an eifah of flour, sift it in thirteen sifters, mix it with a log [measure] of oil, and place upon it a kometz (around ¾ of a handful) of levonah (frankincense).  The next day, [part of the mixture] would be offered on the altar.  First, a kohen (priest) would wave it; and then he would separate a kometz [approximately ¾ of a handful, from the mixture] and burn it on the altar.  After the kometz was burnt up, everyone was permitted to eat from the new grains.

It is important to know that the holiday of Shavu’ot does not have a calendar date like the other holidays do.  For example, Pesach begins on the 15^th of Nissan and Sukkot on the 15^th of Tishrei.  The date on which Shavu’ot falls, however, is determined by the Omer count.  The holiday arrives after the seven-week count is completed, which is why it is called Shavu’ot – the Festival of Weeks.  This is the meaning of the verse: You shall count for yourself seven weeks; from when the sickle begins [to cut] the standing crop shall you begin to count seven weeks.  Then you shall observe the Festival of Weeks for the Lord your God (Devarim 16:9-10).  It also says, You shall count for yourselves from the morrow of the “Sabbath” – from the day you bring the Omer of waving – seven weeks; they shall be complete. Until the morrow of the seventh week, you shall count fifty days, and you shall offer a new meal offering to the Lord (VaYikra 23:15-16).

This mitzvah is not incumbent upon the [Supreme] Rabbinic Court alone; rather, every Jew is commanded to count forty-nine days.  And everyone must verbalize the sefirah (count) himself.  In general, we have a rule when it comes to mitzvot that involve speech: “One who hears is as one who responds.”  Therefore, for example, one can fulfill the mitzvah of remembering Amalek by hearing the reader [read Parashah Zachor].  Similarly, one can fulfill his obligation to recite a blessing over the counting of the Omer by hearing the leader’s blessing.  With regard to the counting itself, however, several poskim hold that everyone must enunciate the count himself, as it says, You shall count for yourselves (Levush, Chok Ya’akov).  True, others hold that the law of sefirah is identical to that of other speech-related mitzvot and one may therefore discharge his obligation by hearing someone else’s count (Pri Chadash, Birkei Yosef).  Nevertheless, ideally, we try to satisfy all opinions; therefore, everyone must count for himself (see M.B. 489:5 and B.H. s.v. u’mitzvah).

The foundation of this mitzvah is rooted in our national inception.  Chazal explain that the Children of Israel descended to the forty-ninth level of impurity during their bondage in Egypt.  This made them unworthy of receiving the Torah and necessitated a purification process.  Therefore, HaKadosh Baruch Hu waited seven weeks to enable them to purify themselves from the defilement of Egypt and reach a state in which they could receive the Torah (based on Zohar, Emor 97).  The sefirah also expresses our anticipation for the giving of the Torah.  The Midrash relates that when Moshe told the Jews that after leaving Egypt they would serve God on Mount Sinai and receive the Torah, they asked, “When will this service take place?”  Moshe answered, “Fifty days later.”  Then, due to their great love [for HaShem], they counted every day and said, “Behold, one day has passed; two days have passed,” and so on.  On account of their love and anticipation for the Torah, it seemed to them as a long time (Shibolei HaLeket 236).

Thus, Sefirat HaOmer expresses our yearning for that great day, the day on which HaShem gave us the Torah, while we simultaneously undergo a process of purification in all the forty-nine levels of which man is comprised.  The purer and “cleaner” one is, the more he will be able to absorb the Torah’s light.  In this way, we prepare ourselves every year for the receiving of the Torah by way of the Omer count (see the end of halachah 3, below).

2 – The Process of Ascension from Nationalism to Spirituality

By counting the Omer, we draw a line that continuously ascends from Pesach to Shavu’ot.  The holiday of Pesach represents Israel’s national side, for the Exodus from Egypt revealed Israel’s uniqueness, in that HaShem chose us from among all the other nations, despite the fact that we were sunken in the forty-nine levels of impurity.  The holiday of Shavu’ot, on the other hand, represents Israel’s spiritual side, for that is when we reached the spiritual pinnacle of receiving the Torah.  On Pesach, we began the process of liberation from the yoke of Egypt, and on Shavu’ot we completed our freedom from the yoke of desire and human perceptions, receiving a heavenly Torah, which makes all those who engage in it truly free (Avot 6:2).

Another angle:  On the holiday of Pesach, the simple, natural faith that is hidden in the soul of every Jew, and remained hidden in the Jewish people’s [collective soul] even when they were enslaved in Egypt, comes to the fore.  On Shavu’ot, however, we rise to a more developed faith, one that is clarified and expanded by virtue of the Torah.  Natural faith is very powerful, and it is the foundation of life, but it is not capable of guiding and perfecting life.  By way of the Torah and its commandments, we are able to link all aspects of our lives – those related to thought, emotions, and actions – to faith.

It comes out, then, that by counting the Omer we gradually elevate ourselves in two ways, ascending from a level of nationalism to that of spirituality and from natural faith to a sophisticated faith based on Torah and mitzvot.

It is impossible to reach Shavu’ot without Pesach.  Once we recognize Israel’s unique nature (segulah), we can rise up [and attain] the Torah.  Once [we realize that] Israel is the chosen nation, as the Exodus from Egypt demonstrated, we can receive the Torah, as we say in the blessing over the Torah, “[Blessed are You, O Lord…] Who has chosen us from all the nations,” and subsequently “has given us His Torah.”  Similarly, it is impossible to absorb the complex, developed faith that is assimilated in the intellect without first discovering the simple, natural faith.  Therefore, it is very important to connect the holiday of Pesach to that of Shavu’ot.  The counting of the Omer is the link and the ladder that connects these two holidays.^[1]

3 – The Mechanics of Counting

Before counting the Omer, one recites the following blessing: “Blessed are you, O Lord, our God, King of the Universe, Who has sanctified us with His commandments and commanded us regarding the counting of the Omer.”  Both the blessing and the counting are said, le’chatchilah, in a standing position.  If one said them while sitting, he has nonetheless fulfilled his obligation (Sh.A. 489:1).^[2]

There are two components to the count – counting the days and counting the weeks, as it says, You shall count for yourselves from the morrow of the “Sabbath” – from the day you bring the Omer of waving – seven weeks; they shall be complete. Until the morrow of the seventh week, you shall count fifty days (VaYikra 23:15-16).

Therefore, one must mention the tally of days and weeks when counting the Omer (Menachot 61a).  For example, on the seventh day, one says, “Today is seven days, which are one week, [of the Omer],” and on the fourteenth day, one says, “Today is fourteen days, which are two weeks.”  We mention the number of days and weeks even in the middle of a week.  For example, on the tenth day, we say, “Today is ten days, which are one week and three days.”^[3]

There are several versions of the text of the Omer count.  Some say, laOmer (“of the Omer”), while others say baOmer (“in the Omer”).  Some say, “Today is fourteen days of/in the Omer, which are two weeks,” and some say, “Today is fourteen days, which are two weeks, of/in the Omer.”  One fulfills his obligation no matter which version he uses.  The custom is to add the LeSheim Yichud paragraph before counting, as well as various other prayers afterwards, but one is not obligated to do so.  The main components are the actual counting and the blessing preceding it.

The number seven alludes to a complete phenomenon, for the world was created in seven days.  Indeed, every physical entity has six sides – four sides, a top, and a bottom – plus a seventh aspect, its inner core.  Man, as well, has seven sides, which is why it takes seven days to go from a state of impurity to one of purity.  For seven days, a person prepares all of his aspects to make this transformation.

The same is true of purifying oneself for sacred endeavors in this world, like eating terumah and sacrificial foods, as well as a woman’s purification process for her husband.  However, in order to absorb God’s Torah, whose lofty stature belongs to the supernal worlds, we need to count much deeper – seven weeks instead of seven days.  In this count, each one of the seven numbers appears in all of its seven facets.  This way, our purification in advance of the giving of the Torah is complete.  Every aspect of our character undergoes refinement and expresses its yearning and anticipation for the receiving of the Torah.

4 – The Status of the Mitzvah after the Temple’s Destruction

A fundamental question regarding the Omer count is whether the mitzvah is Biblical or Rabbinic ever since the Holy Temple was destroyed.  The verse says, You shall count for yourselves from the morrow of the “Sabbath” – from the day you bring the Omer of waving – seven weeks; they shall be complete. (VaYikra 23:15).

According to the Rosh, Ran, and many other Rishonim, the Biblical command to count the Omer is in effect only when we offer the Omer of waving on the sixteenth of Nissan, in the Temple.  Today, however, when we do not bring this offering, the mitzvah is only Rabbinically ordained.  The Rabbis enacted it in commemoration of the Omer count that took place when the Temple stood.  This is why we are accustomed to praying for the rebuilding of the Temple after we finish counting.  After all, when the Temple is rebuilt, we will [once again] perform the mitzvah on a Biblical level, and not just as a Rabbinic decree.

The Rambam and the Ra’avyah believe that the Omer offering is mentioned [in the verse] only to teach us the date on which the Omer count begins.  It is not a necessary condition [for the fulfillment of the mitzvah].  Therefore, we are commanded from the Torah to count the Omer even today when the Temple is in ruins and we are unable to bring the Omer offering.

The practical implication of this halachah concerns situations of doubt.  For example, if one counts during the twilight period – that is, between sunset and the emergence of [three medium-sized] stars – it is questionable whether he fulfills the mitzvah of counting.  If we consider twilight day, he does not fulfill his obligation, because the time for tomorrow’s count did not yet arrive.  If we consider it night, however, he fulfills his obligation.  The Aruch HaShulchan (489:2) and the majority of poskim hold that one who counts during twilight fulfills his obligation, because, in their opinion, the Omer count is a Rabbinic mitzvah nowadays, and we rule leniently when a doubt arises [regarding Rabbinic laws].  However, many Acharonim write that it is proper to act strictly and recount, without a blessing, after the emergence of the stars, in order to fulfill the mitzvah even according to those who hold that the Omer count is a Biblical mitzvah nowadays, which requires one to act strictly in cases of doubt (Eliyah Rabbah; M.B. 489:15; B.H. 489:1, s.v. lispor ha’omer).

5 – When to Count

The Omer count begins on the night of the sixteenth of Nissan, as it says, You shall count for yourself seven weeks; from when the sickle begins [to cut] the standing crop shall you begin to count seven weeks (Devarim 16:9-10).  “From when the sickle begins [to cut] the standing crop” refers to the cutting of the Omer, for the first harvest of the yearly produce is designated for the Omer offering.  And the Omer is harvested on the night after the first day of Pesach, which is the sixteenth of Nissan.  That is when the count begins.

One must count at night, because the Torah says about the Omer count, Seven weeks; they shall be complete (VaYikra 23:15), meaning whole.  As is well known, a calendar day consists of night and day, and if we want to include all the nights and days of the seven weeks, we must start counting on the night of the sixteenth of Nissan (Menachot 66a).  And in order to include all [twenty-four] hours of the day, it is worthy to count at the beginning of the night.  People are careful about this especially at the beginning of the count, on the first night, so that the count will include every hour of the seven weeks.  Nonetheless, it is meritorious to count at the beginning of the night every night, so that each day’s count will be whole and will include the entire 24-hour period.

Even though it is best to count at the beginning of the night, one is not obligated to do so.  Therefore, one who needs to pray Ma’ariv must do so before counting the Omer.  After all, the rule is that more frequent mitzvot take precedence over less frequent ones, and the mitzvot of reading the Shema and praying Ma’ariv are in practice all year round, making them more frequent than the Omer count (Chok Natan; see B.H. 489:1, s.v. achar).^[4]

6 – Until When Can One Count?

One who is accustomed to praying Ma’ariv at a late hour all year round, should [nonetheless] count after his regular prayer service.  If he counts by himself at the beginning of the night, he is liable to make a mistake or forget altogether.  Moreover, there is an advantage to doing the mitzvah together with a congregation.

However, one who cannot – due to time constraints – pray Ma’ariv [with a minyan] after the stars emerge, but intends to pray on his own later on, should preferably count the Omer right after the stars emerge, in order to fulfill the mitzvah as soon as possible.  Furthermore, there is reason to suspect that he might forget to count after he prays Ma’ariv by himself.^[5]

There is a dispute among the Rishonim whether one who forgets to count at night can make it up during the day.  The Torah indicates that the time for counting the Omer depends on the time of the Omer harvest, as it says, From when the sickle begins [to cut] the standing crop shall you begin to count seven weeks (Devarim 16:9-10).  According to the Behag (the author of Halachot Gedolot), the halachah follows the opinion cited in Tractate Menachot (71a) that if [the harvester] fails to cut down the Omer at night, he may, be’di’avad, cut it down the next day.  Subsequently, the same is true of the Omer count: if one forgets to count at night, he may, be’di’avad, count the next day.  Rabbeinu Tam, however, holds that the halachah follows the opinion stated in Tractate Megillah (20b, 21a) that the mitzvah of harvesting the Omer applies at night alone.  Therefore, one who forgets to count at night cannot make it up the next day.  In practice, the accepted halachah is that one who forgets to count at night should count during the day without a blessing.  On the one hand, we give credence to the opinion that says that one may count during the day.  But we omit the blessing, in order not to possibly say a blessing in vain (Sh.A., O.C. 489:7).  Each subsequent night, he may count with a blessing (Terumat HaDeshen, M.B. 489:34).

7 – One Who forgets to Count an Entire Day

The Rishonim debate [the nature of] the Omer count.  According to the Behag, it is one long mitzvah stretching from Pesach to Shavu’ot, as it says, Seven weeks; they shall be complete (VaYikra 23:15).  Therefore, one who forgets to count one day forfeits the mitzvah and may not count thereafter.  However, most poskim maintain that each night’s count is a separate mitzvah.  Hence, one who forgets to count one day loses that day’s mitzvah alone, and he must continue counting the next day, with a blessing (Tosafot, Rosh, Ritva, and more).

In practice, the halachic authorities have determined that even if one forgets to count an entire day, he must continue counting thereafter, in accordance with the majority opinion (that each day stands alone).  However, he counts without a blessing, in deference to the opinion that holds that the entire count is one mitzvah (and when he misses a day, he forfeits the mitzvah).  Thus, in order not to, possibly, recite a blessing in vain, he counts each subsequent day without a blessing (Sh.A. 489:8).

And in order not to forfeit the blessing, one who misses a day must have in mind to fulfill his obligation by way of hearing the cantor’s blessing.^[6]

This halachah demonstrates the tension that accompanies the Omer count.  After all, one who skips a day breaks, to a certain degree, the chain that connects the holiday of Pesach to that of Shavu’ot, and forfeits the blessing.  It is very important to connect Pesach, which represents holy Jewish nationalism, with Shavu’ot, the day we received the Torah, for Torah cannot exist without the Jewish people and the Jewish people cannot exist without Torah.

8 – When in Doubt, Continue Counting with a Blessing

One who is unsure whether he neglected to count one day may continue counting with a blessing, because we worry about the opinion that says that one cannot continue counting with a blessing only when one is certain that he missed a day.

Similarly, one who forgets to count at night but remembers and counts during the course of the day counts with a blessing on all subsequent nights.  Even though there are those who hold that one does not discharge one’s obligation by counting during the day, [we follow] those who maintain that, be’di’avad, one who counts during the day fulfills the mitzvah.^[7]

The law of a young boy who becomes bar mitzvah in the middle of the sefirah period is questionable.  Some poskim hold that even if the boy is careful to count every day, he cannot continue counting with a blessing, because the days he counted before becoming bar mitzvah are not considered one continuum with the days he will count after reaching adulthood.  According to most poskim, however, if the boy is careful to count every day before his bar mitzvah, his counting is considered complete and he may continue counting with a blessing.  This is the prevalent custom.^[8]

A gentile who converts to Judaism during the sefirah period counts without a blessing, because he did not count at all before his conversion.

9 – Women and the Omer Count

Based on the famous rule that women are exempt from all time-bound mitzvot, women are exempt from the mitzvah of counting the Omer, for it is dependant on time (see Peninei Halachah, Tefillat Nashim, chap. 3, for the logic behind this rule).

However, a woman who so desires may perform time-bound mitzvot, and she receives credit for doing so.  We thus find that women are accustomed to hearing the shofar on Rosh HaShanah and taking a lulav and sitting in a sukkah [on Sukkot].  But the poskim debate the issue of the blessing.  According to the author of Shulchan Aruch (O.C. 589:6), women do not make blessings over such mitzvot, and this is the prevalent custom among most Sefardic women.

The Ashkenazi custom follows the Rama’s opinion, that women who perform time-bound mitzvot are permitted to recite the blessing (see Tefillat Nashim 2:8).  However, some Ashkenazi poskim rule that women should not recite a blessing over the Omer count because they do not pray [Ma’ariv] in the synagogue and are therefore more likely to miss a day.  As we learned above, one who forgets to count a day is not allowed to continue counting with a blessing, and perhaps a particular woman will not realize that she forgot to count and will continue counting with a blessing (M.B. 489:3).  Others say that women shouldn’t count the Omer for kabbalistic reasons (Rav Poalim, part 1, end of 10, 12).  On the other hand, still others claim that the Askenazi custom is for women to count (M.A. 489:1).

Therefore, a woman who knows that she can make it through the entire count, and even if she misses a day, she knows to continue counting without a blessing, may count with a blessing, according to Ashkenazi practice.  This is especially true regarding a woman who prays Ma’ariv every evening or whose family members are in the habit of reminding her to count.  She may count with a blessing, if she is Ashkenazi and so desires, because the chances of her forgetting to count are relatively small.

10 – Specific Laws Regarding the Mitzvah of Counting

If someone asks his friend, at a time when it is permissible to count, “What is today’s Omer count?” the friend should not answer, “Today is day such-and-such in the Omer,” unless he has already counted with a blessing.  After all, if he says this, he will already fulfill his obligation to count and will be unable to recite a blessing over that day’s count.  Rather, one should answer, “Yesterday was day such-and-such in the Omer” (Sh.A. 489:4).

If one tells his friend which day it is in the Omer while having specific intent not to fulfill his obligation, he may count later on with a blessing.  If the day’s count is made up of both days and weeks [i.e., after day six] and one tells his friend the number of days [without mentioning the weeks], he may count later on, be’di’avad, with a blessing.  Since he did not count in the normal fashion, mentioning both the days and the weeks, he has made it clear that he did not intend on discharging his obligation of the mitzvah with this response (M.B. 489:22).

Before reciting the blessing, one should remind himself mentally what day it is in the Omer (see Sh.A. 489:6, Sha’ar HaTziyun 37).  If someone in unsure whether today is day nine or ten [for example], and there is no one available to ask, he should say both numbers, and thus fulfill his obligation either way.  However, the poskim debate whether or not to recite the blessing [in such a case].  Some say that one may recite a blessing only over a clear and definite count.  Others maintain that one may recite a blessing over a doubtful count, because the person knows for sure that one of the numbers is correct (see Piskei Teshuvot 489:17).  In practice, the blessing should be omitted since there is a doubt regarding the matter.

1 – The Reason for These Customs

The days between Pesach and Shavu’ot are days of sorrow, because 24,000 students of Rabbi Akiva died then. Therefore, we keep some of the customs of mourning during this period, postponing marriages, refraining from taking haircuts, and avoiding dancing, unless it is for the sake of a mitzvah.
Before we discuss the details of these customs, it is fitting to expand a bit upon the main point, which is the reason R. Akiva’s students died. The Talmud states in Tractate Yevamot (62b): “Rabbi Akiva had 12,000 pairs of students… and they all died during the same period, because they did not treat each other with respect… It is taught in a bereita, ‘They all died between Pesach and Atzeret (Shavu’ot)’… They all died an evil death. And the world was desolate, until R. Akiva came to our Rabbis in the South and taught them (and these are the new students): R. Meir, R. Yehudah, R. Yosi, R. Shimon, and R. Elazar son of Shamu’a; and they established the Torah.” The Midrash (BeReishit Rabbah 61:3) further recounts that R. Akiva said to his new students, “My sons, the first ones died only because they begrudged one another; make sure not to do as they did.” ¹ that they died at the time of the Bar Kochva rebellion. Some students went out to fight the Romans, while others continued studying Torah, and the two groups denigrated one another, saying: “I am greater than my colleague, for my contribution is important and beneficial, while my friend’s is useless.” Because of this baseless hatred, they were defeated by their enemies, [which explains why] they all died around the same time. Indeed, the date is not coincidental – between Pesach, which represents Jewish nationalism, and Shavu’ot, which symbolizes the celestial Torah. By showing disrespect for one another, these students separated between the holiday of Pesach and that of Shavu’ot, between nationalism and Torah, causing them all to die during this season. Some quote the passage from BeReishit Rabbah as follows, “They begrudged one another’s Torah.” According to this, the primary rectification needs to be directed towards increasing respect between the Torah scholars of the different camps. (See below, end of note 13, [where we explain] that these days have a festive side, as well, serving as a chol ha-mo’ed [of sorts] – intermediary days between Pesach and Shavu’ot.) ]
Since then, we observe some customs of mourning and try to improve our interpersonal relationships, especially those between Torah students, during the period of Sefirat HaOmer. And since this is based on Jewish custom, not an explicit Rabbinic enactment, there are different customs among the various communities, as we will explain below.
Around a thousand years later, during the Crusades that began in 4856 (1096), the Christians slaughtered tens of thousands of Jews in Germany. These tragedies also occurred mainly during the days of the Omer. Approximately five-hundred years later, from 5408-5409 (1648-49), terrible massacres befell the Jews once again, this time in Eastern Europe. Tens, and perhaps even hundreds, of thousands of Jews were murdered. These pogroms also occurred, for the most part, during the Omer period. Therefore, Ashkenazi Jews are inclined to rule more strictly regarding these customs of mourning.

2 – The Duration of the Mourning Period

There are many customs as to when the mourning period begins and ends. We will mention the four primary ones:
1) The laws of mourning last the entire Omer period. This custom is based on the version of the Gemara that appears in our texts (Yevamot 62b), which states that R. Akiva’s students died between Pesach and Atzeret (Shavu’ot). If so, one should follow the customs of mourning throughout that period.
2) The mourning period continues until Lag B’Omer (the 33rd day of the Omer). This custom is based on the well-known tradition that R. Akiva’s students stopped dying on Lag B’Omer.
3) The customs of mourning cease on the 34th day of the Omer. This is based on a Sefardic tradition, according to which the Gemara reads: “R. Akiva’s students died until P’ros HaAtzeret.” P’ros means half, that is, [they died] until half-a-month before Shavu’ot. When we subtract fifteen days from the forty-nine days of the Omer, we are left with thirty-four days during which R. Akiva’s students died and we observe customs of mourning.
4) The mourning period lasts thirty-three days. This custom is based on a tradition that R. Akiva’s students died on every non-festive day of the Omer period, which add up to thirty-three days. Consequently, we must observe customs of mourning for thirty-three straight days, no matter whether they coincide with the beginning or the end of Sefirat HaOmer. ¹. Orchot Chayim states this with regard to both weddings and haircuts (Minhagei Yisrael, vol. 1, pp. 101-102). The author of Shibolei HaLeket and Rabbeinu Yerucham give two additional reasons why we mourn during the Omer period: a) it is based on R. Yochanan ben Nuri’s opinion that the wicked are judged in geihinom (hell) between Pesach and Shavu’ot, b) this is when we are judged regarding grain.
2, 3) [These customs] are based on a tradition that R. Akiva’s students stopped dying on Lag B’Omer. Several Rishonim mention this, including the Meiri (Yevamot 62b): “The Ga’onim had a tradition that the dying ceased on the 33rd day of the Omer. We, therefore, have a custom to refrain from fasting on that day. This is also why there is a custom not to get married between Pesach and that [day].” There is a different version in Tractate Yevamot, as the author of Sefer HaManhig writes in the name of R. Zerachiyah HaLevi (Razah), that according to Sefardic tradition, R. Akiva’s students died until “P’ros HaAtzeret.” Since P’ros implies half-a-month, or fifteen days, it comes out that we must observe the customs of mourning until the 34th day of the Omer. This raises a difficulty, for according to the above-mentioned tradition, the students ceased dying on the thirty-third, but according to the calculation of P’ros, we mourn until the thirty-fourth. Indeed, there are two opinions regarding this issue. Some say we must observe the customs of mourning until the 34th day. This is the viewpoint of Ibn Shu’ib and Tashbetz (vol. 1, 178), cited in Beit Yosef 493. The Shulchan Aruch (493:2) concurs: “The custom is not to take haircuts until Lag B’Omer, for they say that [R. Akiva’s students] stopped dying then. One should not take a haircut until the morning of the thirty-fourth.” Perhaps these authorities explain that the students continued dying throughout the day of the thirty-third; therefore, the mourning period ends only on the thirty-fourth. In contrast, the words of HaManhig (Hilchot Eirusin, end of 106) imply that the period of mourning actually ends on Lag B’Omer. Other Rishonim and Acharonim write similarly. According to them, we must explain that [when Chazal say] “P’ros,” they mean approximately half-a-month, because in reality, we stop mourning sixteen days before Shavu’ot. So writes R. Ya’akov ben R. Avraham Castro (Maharicas) in Erech Lechem (see also below, note 3).
4) The Rishonim cite a tradition in the name of Tosafot (it is not printed in our Gemaras) that R. Akiva’s students died on the thirty-three ordinary, non-festive days of the Omer period. If we subtract from the forty-nine days six days of Pesach, isru-chag, six Sabbaths, and three days of Rosh Chodesh, we are left with thirty-three days on which the students died. Consequently, we observe customs of mourning for thirty-three consecutive days. Some observe them at the beginning of the Omer, while others do so at the end. The Beit Yosef cites this tradition in the name of Ibn Shu’ib, and the Rama (493:3) mentions it as well. Bach, M.B. (493:13), and B.H. (ibid.) explain its laws. Many Ashkenazim observe the customs of mourning during the latter part of the Omer, because the Crusades – during which the wicked [Christians] carried out terrible massacres – began in the months of Iyar and Sivan. On the eighth of Iyar, the Jews of Speyer were massacred; on the twenty-third of the month, the community of Worms [was decimated]; on the third of Sivan, [the murderers massacred] Mainz’s Jews; and on the sixth of Sivan, Cologne [was attacked]. The earliest custom in this regard was to begin the mourning period on the second of Iyar and end it on the day before Shavu’ot. Nonetheless, one [who follows Ashkenazi practices] may start the mourning period at the beginning of the Omer, as well. Even though the laws of mourning do not manifest themselves on chol ha-mo’ed Pesach – for there is a mitzvah to rejoice [throughout the holiday] – this does not take away from the thirty-three days, just as the days of Shabbat, on which mourning is precluded, count towards the thirty-three days of the Omer and the seven days of regular mourning.
See Siddur Pesach KeHilchato 12:1-3 and Hilchot Chag BeChag 7:21. The author of Minhagei Yisrael, vol. 1, pp. 101-111, explains the Sefardi and Ashkenazi customs. In his addenda, vol. 4, pp. 237-241, he brings proofs that the word P’ros does not usually mean half, but “close to.” According to this, the version that reads, “until P’ros HaAtzeret” means until Erev (the day before) Shavu’ot. It is important to note that there is another custom: to observe mourning throughout the Omer period, except the days of Rosh Chodesh and Lag B’Omer, when everything is permitted. We do not follow this practice (cited in M.A. 493:5 and M.B. 15). ]

3 – The Sefardi Practice

According to the Shulchan Aruch (O.C. 493:1-2), the customs of mourning begin on the first day of the Omer and last until the morning of the thirty-fourth. This is based on the tradition that reads the Gemara: “R. Akiva’s students died until P’ros HaAtzeret,” meaning fifteen days before Shavu’ot. This implies that we must continue mourning until the 34th day of the Omer. However, [the halachah determines] regarding the seven-day mourning period [for a close relative] that part of a day is [considered] like a whole day. Therefore, when a mourner sits on the ground for a short time at the beginning of the seventh day, he effectively completes that day and may terminate his mourning. The same applies to the mourning of the Omer period, and one need not wait until the end of the 34th day. Rather, all customs of mourning become null and void a few moments after daybreak on the morning of the thirty-fourth, because part of a day is [considered] like a whole day.
Actually, one is permitted to sing, play music, and dance on Lag B’Omer, in honor of the anniversary of R. Shimon bar Yochai’s death. However, the other customs of mourning remain binding. Thus, according to this practice, one is forbidden to get married or take a haircut on Lag B’Omer, and when the day ends, it is forbidden to play music or dance on the night of the thirty-fourth. When morning comes, however, all practices of mourning are nullified. (Those who follow the Ari’s customs act strictly and refrain from taking haircuts until the day before Shavu’ot – K.H.C. 493:13.)
Some Sefardi communities – like those from Turkey and Egypt – end all customs of mourning on Lag B’Omer. And even though most Sefardim in Israel today do not follow this practice, if there is a great need to act leniently on Lag B’Omer or the night of the thirty-fourth, there is room to present the question before a wise Torah scholar. ¹ writes in this vein in Yabi’a Omer 5:38. [This leniency applies] especially to those who come from countries where the custom is to act leniently on Lag B’Omer, like Turkey. (On the night of the thirty-fourth, one can also figure in the Ramban’s opinion, that part of the night is considered like its entirety. See below, note 5.) According to Radvaz and Pri Chadash, one who has yet to fulfill the mitzvah of procreation need not avoid getting married during this period. The Jews of Yemen followed such a custom (Sh’tilei Zeitim 493:4, Maharitz 2:111). In practice, though, we do not act leniently on this issue, unless circumstances are pressing, [and even then, only] in accordance with the ruling of a wise scholar. (Even Yemenite Jews act strictly; see Shulchan Aruch HaMekutzar 92:7.) ]

4 – The Ashkenazi Practice

The prevalent custom among Ashkenazi Jews today in Eretz Yisrael combines several traditions. Most expressions of mourning last until Lag B’Omer, while some continue afterwards. This is based on the tradition that although the plague ended on Lag B’Omer, those students who fell ill beforehand died between the 34th day of the Omer and Shavu’ot (Maharal, Chidushei Aggadot, Yevamot 62b). Therefore, [Ashkenazim] do not take haircuts, celebrate weddings, play music, or dance until Lag B’Omer. Afterwards, however, they refrain only from weddings and very joyous affairs. Another reason: during the Crusades and the [Chmielnicki] Massacres of 5408-5409 (1648-49), hundreds of thousands of Ashkenazi Jews were killed, and these murders occurred mainly during the latter part of the Omer period. Therefore, Ashkenazi communities refrain from great celebrations during this period. From Rosh Chodesh Sivan, however, the custom is to permit weddings, because the holiday of Shavu’ot, which is already perceivable from the beginning of the month, cancels the mourning. Some rule leniently and allow weddings from Lag B’Omer and on, avoiding only great celebrations that are optional in nature until Shavu’ot. (In the footnote, we will mention another custom that was very widespread in Ashkenazi lands.) ¹ died until P’ros HaAtzeret to mean approximately half-a-month [before Shavu’ot]. Furthermore, according to this custom, there is no great difference between the Ashkenazi and Sefardi customs. Nonetheless, we still continue to avoid great celebrations even after Lag B’Omer, in accordance with the tradition that claims that R. Akiva’s students who fell ill before the thirty-third died throughout [the remainder of] the Omer period. Furthermore, the Taz writes (493:2) that it is because of the tragedies that occurred after Lag B’Omer. Another explanation for this custom: it coincides with our version of the Gemara (Yevamot 62b), which states that they died between Pesach and Atzeret (Shavu’ot). And since refraining from getting married is the [only] expression of mourning mentioned in the works of the Ga’onim, we do not celebrate weddings during the entire [Omer] period (except from Rosh Chodesh Sivan and on, that being the only detail in which this custom deviates from the Gemara). The prohibition against taking haircuts and listening to music was instituted later; therefore, the custom is to refrain from them only until Lag B’Omer. Another way to interpret the Ashkenazi custom is that thirty-three days of mourning are required, [not necessarily the first thirty-three]. Accordingly, we count thirty-three days starting from the day after isru-chag until the 29th of Iyar (not including Rosh Chodesh Iyar and Lag B’Omer). Everything is, thus, permissible from Rosh Chodesh Sivan and on. Some [authorities] permit weddings after Lag B’Omer, if necessary, because they fulfill a mitzvah, forbidding only great celebrations that are optional in nature, until Shavu’ot.
In Germany, the Jews adopted the fourth custom mentioned above, according to which the important thing is to observe thirty-three days of mourning at the beginning or end of the Omer period. Here, too, there are several options: 1) at the beginning of the Omer (like the Ashkenazi custom in Eretz Yisrael); 2) from the thirtieth of Nissan, which is the first day of Rosh Chodesh Iyar, until the morning of the third of Sivan; 3) from the second of Iyar until the day before Shavu’ot (Rama 493:3, M.B. 15; also see Hilchot Chag BeChag 7, 73-75).
The Rama (493:3) writes that a community should not follow two different practices, because of [the prohibition of] Do not divide yourselves (Devarim 14:1). However, if people from different communities assemble together in one place, they may [follow different customs]. [R. Moshe Feinstein] concurs in Iggrot Moshe, O.C. 1:159. According to Ashkenazi practice (the fourth custom mentioned in section 2), if there is no established custom in a particular city, the residents may chose one of the customs, as long as they do not adopt the leniencies of both. They may even observe the first thirty-three days one year and begin on Rosh Chodesh Iyar the next, because these are not [really] different customs, the important thing being to observe thirty-three consecutive days of mourning. This is taken from [Responsa] Chatam Sofer (O.C. 142), as Iggrot Moshe (O.C. 1:159) explains it. It is also quoted in Siddur Pesach KeHilchato 12:4:23 and Hilchot Chag BeChag 7:23. See also Piskei Teshuvot 493:12-13. The Chatam Sofer writes further that one may follow one practice regarding weddings and another regarding haircuts. Nowadays, there are practically no Ashkenazim in Israel who [begin the mourning period on Rosh Chodesh Iyar and thus] celebrate weddings [in between Pesach and] Rosh Chodesh Iyar. It seems appropriate to stop those who want to make weddings then, because the Israeli practice is also based on the third custom mentioned above (sec. 2), and one should not follow two practices in one place. ]
On the day of Lag B’Omer itself, one may get married and take a haircut. There is a dispute, however, regarding the night. Some say that these actions are permissible at night, as well, because the entire day of Lag B’Omer is joyous. Others maintain that one is required to observe thirty-three consecutive days of mourning. Therefore, it is permissible to get married and take a haircut only after morning has arrived and we can apply the rule: “Part of a day is [considered] like a whole day.” The custom is to act strictly, le-chatchillah (ideally), but one may follow those who rule leniently, if necessary. According to all customs, it is permissible to celebrate with music and dancing on the night of Lag B’Omer. ² is permissible. They include the authors of Ma’adanei Yom Tov, Chok Ya’akov, Mor U’Ketzi’a, and more. Their reasoning is that Lag B’Omer, both night and day, is a time of joy, when [R. Akiva’s students] stopped dying. The problem, however, is that we need to observe thirty-three days of mourning. According to those who do not celebrate weddings until Rosh Chodesh Sivan, these is no problem, because [they observe] more than thirty-three days. There is also no difficulty according to our version of the Maharil, which states that one must avoid haircuts only thirty-two days (although he writes that we refrain from weddings the entire Omer period). The author of Shulchan Aruch HaRav (493:5) makes this halachah contingent upon the question of whether or not we recite tachanun in the Minchah service before Lag B’Omer. I.e., according to those who hold that tachanun is omitted, the mourning period lasts thirty-two days, and the custom is to omit tachanun (see below, chap. 5, note 1). If we, nonetheless, insist on thirty-three days of mourning, and we do not count the days after Lag B’Omer, perhaps we can rely on the Ramban’s opinion that a portion of the night is tantamount to an entire day. Then, we can celebrate weddings and take haircuts a few moments after the night of Lag B’Omer begins (so writes the Pri Chadash). See Hilchot Chag BeChag 7:71, who substantiates this opinion. See also Siddur Pesach KeHilchato 12:12. ]

5 – Weddings and Engagements During the Omer Peeriod

After having discussed the duration of the mourning period, we will now delineate the laws of the various customs in detail. The Ga’onim write that ever since Rabbi Akiva’s students died in the period between Pesach and Shavu’ot, the Jewish people have a custom not to get married during this time.
Several poskim hold that only optional marriages are prohibited, like that of a man who has been married before and has already fulfilled the mitzvah of procreation. However, one who has yet to procreate may get married during Sefirah, because the mitzvah overrides the custom (Radvaz, Pri Chadash). In practice, though, the Acharonim determine that the custom is not to get married during this period, even if one has yet to fulfill the mitzvah of procreation. Otherwise, the custom of mourning would have almost no significance. One is, however, permitted to remarry his ex-wife, because there is a mitzvah involved and it is not an overly joyous occasion (M.B. 493:1, K.H.C. 2-3).
According to the custom of most Sefardim, the prohibition against weddings lasts from the beginning of the Omer until the thirty-fourth day of the count. [That is], one may get married from the morning of the 34th and on. Some Sefardic communities follow a more lenient custom, celebrating weddings already on Lag B’Omer (the thirty-third). In pressing situations, one may follow this practice, in accordance with the ruling of a wise scholar (see above, note 3).
The Ashkenazi custom in Eretz Yisrael is to forbid weddings from the beginning of the Omer until the twenty-ninth of Iyar, allowing them [only] from Rosh Chodesh Sivan and on. Some rabbis permit those who have yet to fulfill the mitzvah of procreation to get married from Lag B’Omer and on. When there is a [special] need, a wise scholar should be consulted. All Ashkenazi customs agree that one is allowed to get married on the day of Lag B’Omer, and some are even lenient on the night of Lag B’Omer. Everyone also agrees that if a couple gets married on the day of Lag B’Omer, they may continue the celebrations into the night of the thirty-fourth.
The Chief Rabbinate [of Israel] has established that all Ashkenazim may get married on the 28th of Iyar, the day Jerusalem was liberated. ¹
If someone is invited to a wedding on a day that weddings are forbidden according to his custom, but the groom follows a custom in which weddings are permitted, he may attend the affair, partake of the meal, and dance with joy before the bride and groom (Iggrot Moshe O.C. 1:159).
Only weddings are forbidden. One is, however, permitted to make what is called today an “engagement” party, on condition that no music is played. ² it involves some degree of mitzvah observance. After all, it strengthens the bond between the couple. Nonetheless, one should not play music at such an occasion, because it is not considered an actual se’udat mitzvah (a meal celebrating the performance of a mitzvah), as the Magen Avraham (493:1) and Mishnah Berurah (493:3) demonstrate regarding se’udat shidduchin (a meal celebrating an engagement), as opposed to what [R. Ovadya Yosef] writes in Yalkut Yosef (35) in [the Mishnah Berurah’s] name. Furthermore, we will explain below, in section 9, that even at a [full-fledged] se’udat mitzvah, like a brit milah (circumcision), it is permissible to play music only if the local custom is to always play music at such events, and many people do not play music at engagement parties. In the last few years, [however], many people have adopted the custom of playing music and dancing at engagement parties. [Therefore], one who believes that this is the custom of his entire milieu, he may act leniently, if he wishes, in accordance with what is minimally accepted. [Still], it is proper to also complete a Talmudic tractate [at the party]. ]

6 – Haircuts

The Rishonim write that one should not take a haircut during the Omer period. As we learned above (sec. 3-4), Sefardim observe this prohibition until the morning of the thirty-fourth day of the Omer. Ashkenazim, on the other hand, keep it until the morning of the thirty-third, while some allow haircuts starting from the night of Lag B’Omer. One may rely on those who rule leniently, if necessary (see above, note 5).
Only regular haircuts, that entail an aspect of joy, are prohibited, but it is permissible to trim one’s mustache, if it interferes with one’s eating. Similarly, one who gets headaches when his hair is overgrown, or one who has sores on his head, may cut his hair during this period (based on S.A. 551:13, M.B. 21, and B.H. ibid.; Sefer Pesach KeHilchato 12:8-9).
Both men and women are included in this prohibition. However, a woman may cut her hair for purposes of modesty. For example, if her hair comes out of her head covering, she may cut it (S.A. 551:13, M.B. 79). It is also permissible to cut or pluck hair in order to avoid embarrassment. Therefore, women may pluck their eyebrows or remove facial hairs (Piskei Teshuvot 493:7, quoting R. Shlomo Zalman Auerbach; see also Iggrot Moshe, Y.D. 2:137).
One may not cut children’s hair, as well, during this period, but if there is a great need – to prevent them from suffering – it is permissible (see S.A. 551:14, M.B. 82).
The main participants of a brit milah – the father of the child, the sandak, and the mohel – may cut their hair in honor of the occasion (M.B. 493:12; we will discuss the law of Yom HaAtma’ut below, 4:11). According to Ashkenazi custom, one may take a haircut in anticipation of Rosh Chodesh Iyar when it falls out on Shabbat (M.B. 493:5). Sefardim act leniently in this regard only under pressing circumstances (K.H.C. 493:42). ¹
Those who follow the customs of the Ari z”l are careful not to take haircuts the entire Omer period, until the day before Shavu’ot, when they cut their hair in honor of the holiday. According to the Ari, one should not get a haircut even for the sake of a brit milah. The only exception is giving [first] haircuts to young, three-year-old boys on Lag B’Omer (K.H.C. 493:13; see below, 5:6, regarding the chalakah [or upsherin] custom).

7 – Shaving

A question arises regarding the issue of shaving during the Omer period. Is one who shaves [regularly] throughout the year allowed to shave during Sefirah? Many authorities maintain that shaving is included in [the prohibition of] taking haircuts and whenever it is forbidden to cut one’s hair, it is also forbidden to shave. Most yeshiva students follow this practice, to the point that refraining from shaving has become the most prominent and discernable [sign] of mourning during the Omer period.
Some poskim, however, hold that there is a fundamental difference between taking a haircut and shaving. Haircuts are celebratory; it is therefore accepted that people get their hair cut before holidays and festive occasions. Shaving, on the other hand, has become an ordinary task nowadays, done every day, or every few days, in order to remove the stubble that mars the faces of those who are accustomed to shaving frequently. Therefore, the custom to refrain from cutting hair does not apply to shaving. [According to this opinion], it is especially appropriate to shave on Fridays, to avoid bringing in the Sabbath disgracefully.
Those who want to rely on the lenient opinion may do so, and one should not rebuke them [for this]. In practice, however, everyone should follow his father’s custom or his rabbi’s instructions. For even though, according to the letter of the law, one can rely on the reasoning of those who rule leniently, one cannot ignore the fact that the custom to abstain from shaving during Sefirah is an indelible expression of willingness to sacrifice for the sake of mitzvah observance, and there is room for concern that nullifying this custom will compromise one’s dedication to upholding customs. Therefore, it is appropriate for everyone to do as his father does, or as his rabbi instructs him to do, because the issues of tradition and how one’s actions influence others are more important here than the specific question of whether or not shaving is included in the customs of mourning. ¹ rule strictly, forbidding all shaving during the Omer mourning period. So writes the author of K.H.C. (551:66). In section 493:19, he quotes the Acharonim as saying that one may shave only if not doing so will cause a loss of income. In Iggrot Moshe (O.C. 4:102), as well, [R. Moshe Feinstein] allows one to shave in order to avoid financial loss; for example, if his employers demand it. On the other hand, one could say that daily shaving is not like taking a haircut. After all, this concept [of shaving daily] did not exist when the custom to show our mourning through [the avoidance of] haircuts first began. And just as there is a distinction, regarding a mourner’s prohibition to bathe, between bathing for pleasure or refreshment and bathing in order to remove filth, so too, one could make a distinction between festive shaving and shaving in order to remove unsightly [facial hairs]. The purpose of all the Sefirah customs is to avoid merrymaking, not to exhibit mourning, and beard stubble exhibits mourning. Granted, one should not be lenient on this issue during shiva and shloshim (the seven- and thirty-day mourning periods after the death of a close relative), but just as we allow shaving during the year-long mourning period [after the death of a parent], so may we be lenient during the Omer period and the Three Weeks, until Rosh Chodesh Av. Rabbi Schachter cites this in Nefesh HaRav (p. 191) in the name of Rav Soloveitchik. This is especially true with regard to shaving for the sake of Shabbat. After all, the Magen Avraham (551:14) cites Hagahot Oshri as saying that Ashkenazim, who are accustomed not to take haircuts the entire Three Week period, should not cut their hair even before Shabbat, because [people] do not cut their hair every week. This implies that those who are accustomed to shaving [every week] may shave in honor of Shabbat. See B.H. (551:3), which states that the Yerushalmi also indicates that one may shave for the sake of Shabbat. In addition to all this, it should be noted that the custom to mourn during Sefirah originally prohibited only weddings. And according to the Ge’onim, Jews already began refraining from getting married soon after Rabbi Akiva’s students died. In contrast, the custom to avoid haircuts is first mentioned in the writings of the Rishonim: Orchot Chayim, Shibolei HaLeket, and others. Perhaps, they instituted it after additional tragedies befell the Jewish people (like the Crusades; see Minhagei Yisrael, vol. 1, pp. 105, 112-117). The Ridbaz writes in his Responsa (2:687) that some people have a custom to take haircuts the entire month of Nissan, during which fasting and eulogizing is forbidden, while others cut their hair every Friday. He also permits haircuts on Rosh Chodesh Iyar, disputing the Shulchan Aruch’s opinion (493:3). His words indicate that one may follow the more lenient opinions when it comes to this custom [of not taking haircuts]. Ancient Yemenite custom did not forbid haircuts during Sefirah; they began acting strictly only later on. R. Mashraki (the author of Shtilei Zeitim) and the Maharitz (Responsa Pe’ulat Tzaddik 2:76) rule that one should cut one’s hair on the eve of Shabbat. Thus, when there is a doubt whether shaving has the same status as haircutting, one may take into consideration those who rule leniently altogether. See Responsa Ner Ezra (vol. 2, pp. 155-58), where the author concludes that one may shave before Shabbat, writing that this is the opinion of Rabbi Min-Hahar and R. Lichtenstein. Rabbi Rabinowitz, Rosh Yeshivat Ma’aleh Adumim, recommends that everyone act as his father does, to avoid a situation in which a father shaves and his son does not, or vice versa, thus violating the father’s honor.
Another reason to permit [shaving on Fridays]: those who shave regularly usually feel great distress when unable to shave for several days. Perhaps this is similar to the dispensation to trim one’s mustache if it interferes with one’s eating, or to remove hairs that cause head sores or headaches. See K.H.C. 493:17, where the author allows one to cut his hair in honor of the Sabbath, if [his long hair] causes him suffering. In addition, the Chida mentions (in Yosef Ometz 40) the rationale that those who shave [regularly] suffer greatly [when they do not shave], even more than one suffers due to [long] hair.
In my humble opinion, it would be proper – according to the letter of the law – to rule that those who shave throughout the year should shave in honor of Shabbat, and those who wish to act leniently may shave every day, because the customs of mourning do not apply to daily shaving. However, as I stated above, one should be careful not to undermine the tradition of such a prominent custom. Therefore, everyone should follow his father’s custom, or do as his rabbi instructs him. See a similar discussion below, 8.11, regarding shaving during the Three Weeks. ]

8 – Dancing and Musical Instruments

Since the custom is not to celebrate too much during the Omer period, the Acharonim write that one is forbidden to engage in optional dancing [as opposed to dancing for the sake of a mitzvah] (M.A. 493:1). They also forbid playing or listening to musical instruments.
According to Sefardi custom, the laws of mourning last until the morning of the 34th of the Omer. Nevertheless, in honor of Rabbi Shimon bar Yochai’s Hillula (festivities marking the day of his passing), music and dancing are permitted on the 33rd (Lag) of the Omer. Afterwards, however, the prohibition [resumes and] continues through the night of the thirty-fourth, until the next morning, when all customs of mourning expire.
According to Ashkenazi practice, the prohibitions last until the end of the 32nd day of the Omer, meaning that music, dancing, and rejoicing are permitted from the beginning of the night of Lag B’Omer, in honor of R. Shimon bar Yochai’s Hillula. Most Jews of Ashkenazi descent refrain from large celebrations – like gala evenings of dance – until the holiday of Shavu’ot, but one may play and hear musical instruments. It is also permissible to hold aerobic classes, because their main purpose is to provide exercise, not joyous dancing. ¹ the weekdays therein; 2) the fact that [so many] tragedies befell the Ashkenazi communities during these days. The only difference is that we are more rigid in our observance of these customs before Lag B’Omer than we are afterwards. All this was already explained above, in sections 2 and 4, and in footnotes 2 and 4.
The distinction between a great or large celebration and a regular one is undefined. However, organizing an optional evening of dance is certainly a large celebration. On the other hand, aerobic classes, which are mainly for the purpose of exercise, are permitted. Regarding [other] joyous events, about which one is unsure whether it is considered a great celebration, one may act leniently if one combines it with a siyum (the completion of a Talmudic tractate) or some other mitzvah component. Sefardim are permitted to participate in any type of celebration [after Lag B’Omer]. If many members of a group [organizing an event] are Sefardic, [the group as a whole] may be lenient, in accordance with their custom, but it is preferable to combine [the event with] a siyum or some other mitzvah. ]
The custom is to allow music and dancing on Chol HaMo’ed Pesach, because we are commanded to rejoice on these days (M.B. 529:16; see Piskei Teshuvot 493:6). Weddings, however, may not be held on Chol HaMo’ed, because we do not mix one celebration with another (S.A., O.C. 546:1). The Rabbis also forbid one to take a haircut on Chol HaMo’ed, to ensure that people do so prior to the holiday (ibid. 531:2).
A Jew who makes a living playing music may perform at non-Jewish affairs, [if] he needs the income. It is also permissible to teach or learn music during Sefirah, since these endeavors are not joyful (Siddur Pesach KeHilchato 12:16; see Piskei Teshuvot 493:4). However, a music student who, in any event, studies intermittently throughout the year should schedule a break, if possible, during the mourning period of the Omer. And if he intends on taking only one break a year, it is preferable to save it for the Three Weeks (see below, 8.2).

9 – Circumcisions, Torah Processions, and Bar Mitzvahs

It is permissible to make a festive meal for the sake of a mitzvah. This includes singing and dancing at the meal, to the degree that is acceptable throughout the year. For example, one may prepare a festive meal for a brit milah (circumcision), pidyon ha-ben (redemption of the first born son), or a siyum. And one who regularly dances and plays joyous music at such meals may do so during the Omer period, because these celebrations are made for the sake of a mitzvah.
The same goes for hiring out musicians: if the local custom is to always bring in musicians for these mitzvah parties, one is permitted to do so during the mourning period of the Omer. Even though some poskim rule strictly on this matter, the halachah follows those who are lenient; after all, we are dealing with a doubt regarding a custom of mourning. If, however, it is not clear that people hire out musicians for such events, it is preferable to avoid doing so during these days.
It is permissible to bring a new Torah scroll into a synagogue, accompanied by music, singing, and dancing, as is widely accepted, because such revelry is mitzvah oriented.
The same applies to a bar mitzvah celebration held on the very day the boy reaches thirteen. That is, one may celebrate the occasion as one would throughout the year. When it is impossible to schedule the party on the day the boy actually becomes obligated in mitzvot, it is permissible to make a festive meal, but without music. If, however, [the organizers] make sure that someone completes a Talmudic tractate or an order of Mishnayot at the beginning of the party, they may supply music, as people regularly do at bar mitzvah celebrations. ¹. The questioners expected a lenient ruling seeing that it is a mitzvah to bring joy to these people. I answered that it is forbidden, because such a party is [nevertheless] optional, and the disabled have to keep the customs of mourning, as well. In addition, they do not make a party for them every week, not even every month, so why schedule a party for them specifically during a period of mourning? ]

10 – Listening to Music on Electronic Devices

Many poskim hold that there is no difference between listening to live music and listening to music on the radio, or by way of any other electronic device; both are forbidden during Sefirah (until Lag B’Omer) and the Three Weeks. It is permissible, though, to listen to a cappella songs via electronic music players (Iggrot Moshe, Y.D. 2:137, Yechaveh Da’at 6:34). Some forbid even this, because the device is considered like a musical instrument (Tzitz Eliezer 15:33, Sheivet HaLevi 8:127).
On the other hand, some authorities hold that the prohibition against listening to musical instruments during these [periods of mourning] does not apply to listening to music on the radio or any other household, electronic device. The rationale being that listening to music this way is not as festive as is listening to it live. Furthermore, nowadays, everyone listens to music on electronic devices regularly, and since it has become so routine, the festiveness and joy associated with listening to music has disappeared. This is similar to singing without musical accompaniment, which is permitted during the Omer. In addition, a distinction should be made between joyous songs and regular songs. Only regarding joyous songs is it logical to prohibit household devices, but one should not prohibit regular music – and certainly not sad tunes – during the mourning period of the Omer. One who wishes to act leniently may rely on this opinion and listen to regular and sad songs on a household, electronic device. He should not, however, listen to them loudly, because the force of the sound that fills the room generates a certain atmosphere of jubilation.
Apparently, everyone would agree that a driver who is worried that he might fall asleep at the wheel may listen to music in order to keep himself alert. ¹: In Iggrot Moshe, Y.D. 2:137 and O.C. 1:166, [R. Moshe Feinstein] is inclined to rule strictly, forbidding one to listen to musical instruments throughout the year, [as a sign of] mourning for the Temple’s destruction – all the more so, during the Omer period and the Three Weeks. And even though [R. Ovadyah Yosef] permits one to listen to music [throughout the year], he forbids one to listen to instrumental music on the radio and the like during Sefirah and the Three Weeks (Yechaveh Da’at 6:34). (In private conversation, however, he allowed Arutz Sheva [to play music], to ensure the continued [broadcasting] of Torah-oriented shows.) The author of Minchat Yitzchak (1:111) concurs. R. Auerbach and R. Elyashiv, as well, forbid one to listen to music on the radio (Shalmei Mo’ed, p. 453). The authors of Tzitz Eliezer (15:33) and Sheivet HaLevi (8:127) forbid even a cappella songs. See also Piskei Teshuvot 493:4.
However, the arguments indicating a lenient ruling are strong. First of all, musical instruments do not necessarily denote joy. See Shabbat 151a, which [mentions the usage of] flutes in funeral elegies. Similarly, the Pri Megadim allows one to play music [during the Omer] in order to make a living, and his ruling is quoted in B.H. 551:2. The Maharam Schick (Y.D. 368) discusses the distinction between joyous tunes and sad ones, stating that sad tunes are not forbidden during times of mourning. (However, he forbids teaching music to certain children during their year of mourning, because they learn music only for egotistical reasons, not in order to make a living.) Anyway, we see that only joyous songs are forbidden. The wording of the Rambam in Hilchot Ta’anit (5:14), where he deals with the prohibition of playing music after the Destruction, also indicates this: “In addition, [the Rabbis] decreed that we refrain from playing musical instruments and [engaging in] all types of song… It is forbidden to rejoice in them or listen to them, because of the Destruction.” According to this, it seems that the prohibition against listening to musical instruments relates mainly to happy songs, which go along with dance, but regular songs – and certainly sad ones – are permitted. The author of Responsa Chelkat Ya’akov (1:62) brings up another point: listening [to music] via electronic devices is not included in the decree (or custom of mourning), because these devices did not exist [when the decree (or custom) was originally established]. Now, perhaps when these devices were rare, listening to them was a festive activity, and that is why many poskim disagreed with him. Nowadays, however, listening to music players is routine and uneventful; therefore, it is not included in the custom which forbids [listening to live music]. My father, my teacher, agrees with this viewpoint. R. Shmuel David writes likewise in Techumin (vol. 13). See also below, 8:4. And since the entire prohibition is based on a custom, the halachah follows the more lenient opinion in cases of doubt. This is how Arutz Sheva conducted itself during the mourning period of the Omer, broadcasting regular songs and avoiding songs that were meant for celebrations and dancing.
Everyone agrees that it is forbidden to attend a concert, even if the songs being performed are regular or sad ones, because the very act of coming together for a concert is festive and joyous. In my humble opinion, the same is true of listening to neutral songs at a high volume: they become somewhat festive because of the force of the sound. According to all opinions, a driver may listen to music in order to keep himself awake, both because [listening to music while driving] is not so joyous and because of the possible danger to life. Even the stricter poskim agree that one who suffers from depression may listen to music, in private, as cited in Hilchot Chag B’Chag 7:39. ]

11 – SheHechiyanu

During the Omer period, one is permitted to buy a new fruit, garment, or piece of furniture and recite the SheHechiyanu blessing over it. True, after the Crusades and the horrific massacres that the Christians carried out during the Omer period, some rabbis in the Ashkenazi community began treating the mourning of the Omer period as strictly as that of Three Weeks. And just as we refrain from saying SheHechiyanu during the Three Weeks – because it is inappropriate to say, “Who has kept us alive… and brought us to this time,” during the period in which the Temple was destroyed – so too, it is inappropriate to say SheHechiyanu during a time in which holy Jews were murdered.
In practice, however, the accepted halachah is that there is no prohibition against saying SheHechiyanu during the Omer period, for these days are not comparable to the days between the 17th of Tammuz and Tish’a B’Av. Nonetheless, one who wishes to act stringently and refrain from buying clothing and furniture during this period deserves a blessing. If there is a [special] need, however, even such a person may act leniently. For example, someone who needs an article of clothing or a piece of furniture may buy it. Similarly, if someone comes upon an opportunity to buy one of these items at a reduced price, he may buy it. Those who follow the stricter custom should wear the garment for the first time, and recite the SheHechiyanu blessing over it, on Shabbat, Rosh Chodesh, Yom HaAtzma’ut, or at a se’udat mitzvah. Likewise, if one buys a new piece of furniture, he should try to begin using it on these joyous days.
One is permitted to buy a house, and [even] move into it, during the days [of Sefirah], especially if the house is in the Land of Israel, and all the more so if it is located in an area devoid of Jews. For, anyone who buys a house in such a place fulfills the mitzvah of Yishuv HaAretz (Settling the Land of Israel) elaborately. Thus, if the buyer is single, he recites the SheHechiyanu blessing, and if he has a wife, they say HaTov VeHaMeitiv. ¹ summarizes the various opinions. Some authorities forbid moving into a new house, because it is a very joyous occasion, similar to a wedding (Responsa Avnei Tzedek, Sighet, Y.D. 44). [R. Ovadyah] rules leniently in Yechaveh Da’at 3:30. See also Piskei Teshuvot 493:1-3, where the author cites authorities who rule strictly.
It is important to note that the days of the Omer have a joyous side, as well. Accordingly, the Ramban writes (in Parashat Emor) that they are like intermediary days (chol ha-mo’ed), extending from Pesach to Shavu’ot. However, they also have an aspect of tension and suspense, for a person needs to ascend during this period from one level to the next, until he reaches the pinnacle of Matan Torah (the Sinai Revelation). And when one fails to climb from one level to the next in the proper order, crises and misfortunes are liable to result, as happened throughout Jewish history. This is why we mourn during the Omer period. Nevertheless, the holiness of these days remains in place, and they are very conducive for spiritual growth and purification, in anticipation of Matan Torah and cleaving to God. ]
One is allowed to invite friends to a meal during the Omer, as long as no musical instruments are played. One may also take a trip or go hiking, because one must avoid only joyous endeavors, not pleasurable ones. And even though some [authorities] are strict about this, the halachah follows the more lenient opinion when it comes to these customs of mourning. Nevertheless, it is better not to schedule a school trip before Lag B’Omer, because such trips are very joyous. However, a school can – [even] le-chatchilah – schedule a trip that is defined as educational. ²

12 – Brief Summary of the Joyous Days of the Omer Period

None of the customs of mourning are practiced on Chol HaMo’ed Pesach, because one is commanded to rejoice on these days, as we explained above, in sec. 8, regarding music.
According to some poskim, one may take a haircut on Rosh Chodesh Iyar, because it is like a yom tov (holiday) and none of the customs of mourning apply to it. In practice, though, the custom is not to take haircuts on that day, as the Shulchan Aruch (493:3) rules.
According to Ashkenazi custom, if Rosh Chodesh Iyar falls out on Shabbat, giving it extra joy, one may take a haircut on Friday. One may also get married on that Friday, [shortly] before Shabbat, such that the rejoicing and festive meal take place on Shabbat and Rosh Chodesh. The prevalent custom among Sefardim is to act leniently in this regard only under pressing circumstances.
Yom Ha’atzma’ut is a holiday for thanksgiving and rejoicing. Therefore, it is proper to shave the day before it, and one may even take a haircut. Getting married, however, is forbidden (see below, 4.11).
According to Ashkenazi practice, one may take a haircut and get married on the day of Lag B’Omer, and if needed, one may even act leniently on the night of Lag B’Omer. Sefardi custom, however, forbids haircuts and weddings on Lag B’Omer, as explained above, in sections 3 and 4.
When Lag B’Omer falls out on Friday, even Sefardim are allowed to shave and take haircuts (S.A. 493:2).
According to Ashkenazi practice, one may take a haircut on Friday when Lag B’Omer falls out on Sunday. According to Sefardim, however, this is prohibited (see above, note 8. Regarding weddings: some Ashkenazi poskim rule leniently under pressing circumstances, but Sefardim forbid it; see note 6.)
Even according to the custom of many Ashkenazim, who refrain from making weddings until Rosh Chodesh Sivan, one may get married on the twenty-eighth of Iyar [Yom Yerushalayim]. It is also permissible to organize very joyous events for that day (see below, 4.11).

1 – The Mitzvah of Settling the Land of Israel

When the State of Israel was established, on the fifth of Iyar, 5708, the Jewish people as a whole were privileged to fulfill the mitzvah of Yishuv Eretz Yisrael (settling the Land of Israel). Even before the declaration of statehood, every Jew who lived in the Land fulfilled this mitzvah. The Sages even said, “A person should always dwell in Eretz Yisrael, even in a city inhabited mostly by heathens, and he should not dwell outside the Land, even in a city inhabited mostly by Jews, for anyone who dwells in Eretz Yisrael is like one who has a God, and anyone who dwells outside the Land is like one who has no God” (Ketuvot 110b). Nonetheless, the mitzvah is mainly incumbent upon Klal Yisrael (the entire Jewish community) – to take control of the Land. The mitzvah to dwell in the Land, which applies to every individual Jew, is an offshoot of the general mitzvah that is incumbent upon Klal Yisrael as a whole.

This is the meaning of the verse “You shall possess the Land and dwell in it, for to you have I given the Land to possess it”(Bamidbar, 33:53). “You shall possess” denotes conquest and sovereignty, while “you shall dwell” implies settling the Land so that it not remain desolate. Similarly, the Torah states, “You shall possess it and you shall dwell therein”(Devarim, 11:31). Accordingly, the Ramban defines the mitzvah as follows: “We were commanded to take possession of the Land that God, may He be blessed, gave to our forefathers, Avraham, Yitzchak, and Yaakov; and we must not leave it in the hands of any other nation or let it remain desolate” (Addendum to Rambam’sSefer HaMitzvot, Positive Commandment 4).

This mitzvah is incumbent upon the Jewish people in every generation. For a long time, however, we lacked the means by which to fulfill it. We were forced to neglect it, because we did not have an army or weapons with which to conquer and settle the Land. A few generations ago, God showed kindness to His nation and a spirit of nationalism began to stir, causing Jews to go forth and gather in the Land. They planted trees, developed the country’s economy, established an organized defense force, and struggled against the foreign power that controlled the Land, so that when the British Mandate expired, the Jews in Israel were able to declare the establishment of Medinat Yisrael. On that day, the Jewish people began fulfilling the mitzvah of Yishuv HaAretz. Granted, we are not yet in control of the entire Land, and we are partially dependent on the nations of the world, but we are actually fulfilling, once again, the mitzvah of Yishuv HaAretz.

We find in halachah, as well, that Jewish sovereignty over the Land is a significant factor], for the laws of mourning over Eretz Yisrael’s destruction depend on sovereignty. Our Sages prescribed that one who sees the cities of Judea in ruins should say, “Your holy cities have become a wilderness”(Yeshayah 64:9), and tear his garments. The poskim explain that the definition of “in ruins” depends on who is in control. If Gentiles rule the Land, its cities are considered ruined, even if most of the inhabitants are Jewish, and one must tear his garment upon seeing them. But if the Jews are in control, the cities are not considered ruined, even if Gentiles constitute the majority, and no tearing is required (Beit Yosef and BachO.C. 561; Magen Avraham 1, and Mishna Berura 2).

In addition, Chazal lavished praise upon the mitzvah of Yishuv HaAretz, going so far as to say that it is equal to all the mitzvot of the Torah (Sifrei, Re’eh 53)¹.

2 – The Beginning of Redemption and Sanctifying God’s Name

The establishment of the State removed the disgrace of exile from the Jewish people. Generation after generation, we wandered in exile, suffering dreadful humiliation, pillage, and bloodshed. We were an object of scorn and derision among the nations; we were regarded as sheep led to the slaughter, to be killed, destroyed, beaten, and humiliated. Strangers said to us, “There is no more hope or expectation for you.” That situation was a terrible Chillul HaShem (desecration of God’s Name), because HaKadosh Baruch Hu’s Name is associated with us, and when we are degraded, His name is desecrated among the nations (see Yechezkel, 36).

The prophets of Israel prophesied, in God’s name, that the exile will eventually end: “I will take you from among the nations and gather you from all the lands, and I will bring you to your own soil”(Yechezkel, 36:24). “They will build houses and inhabit them; they will plant vineyards and eat the fruit thereof” (Yeshayah, 65:21). “You will yet plant vineyards upon the mountains of Samaria; the planters with plant and eat of the fruit”(Yirmiyah, 31:4). “The desolate Land will be tilled, instead of having been desolate in the eyes of all passersby. They will say, ‘This Land which was desolate has become like the Garden of Eden and the cities which were ruined, desolate, and destroyed, have been fortified and inhabited”(Yechezkel, 36:34-35). “I will return the captivity of My people Israel, and they will rebuild the destroyed cities and inhabit them; they will plant vineyards and drink their wine; they will make gardens and eat their fruits. I will plant them upon their Land and they will never again be uprooted from their Land that I have given them, says the Lord, your God”(Amos, 9:14-15).

However, when so many years passed without God’s word coming to fruition, Hashem’s Name became increasingly desecrated in the world, and the enemies of Israel proclaimed that there was no chance that the Jews would ever return to their Land. Even Chazal spoke exaggeratingly about the miracle of the ingathering of the exiles, to the point that they said, “The ingathering of the exiles is as great as the day upon which the heaven and earth were created” (Pesachim 88a). And behold, the miracle occurred! Hashem fulfilled His promise, causing an enormous and awesome Kiddush HaShem (sanctification of God’s Name), which gained even more strength during the Six Day War, when we liberated Jerusalem and the holy cities of Judea and Samaria.

This process – the ingathering of the exiles and the blooming of the wasteland – which gained tremendous momentum when the State was established, is the beginning of the redemption, as Rabbi Abba says (Sanhedrin 98a), “There is no clearer [sign of the] End [of the exile] than this [verse]: “But you, O mountains of Israel, will give forth your branches and yield your fruit to My people Israel, for they are soon to come”(Yechezkel, 36:8). Rashi comments, “When Eretz Yisrael gives forth its fruit in abundance, the End will be near, and there is no clearer [sign of the] End [of the exile].”

True, many things still need fixing – unfortunately, we have not yet repented fully from our sins, and many Jews have not yet immigrated to Eretz Yisrael – but our Sages have taught that [redemption can come in one of two ways]: if we achieve complete repentance, God will hasten the redemption, and if not, it will come “in its time,” through natural processes (Sanhedrin 98a). That is, when the predetermined time for redemption arrives – even if Israel fails to repent – natural historical processes, loaded with complications and severe hardships will come to pass (such aswars, persecutions, political movements, and international treaties), causing the Jewish people to return to their Land and rebuild it. We will proceed from stage to stage in this manner, until the ultimate redemption materializes. These hardships, which stimulate the redemptive process, are called the birth pangs of Mashiach. The more we strengthen ourselves in the areas of Yishuv Eretz Yisrael and penitence, the more pleasant and less bitter these birth pangs will become (based on the Gra in Kol HaTor). Concerning this type of redemption, Chazal say, “Such is the redemption of Israel: at first little by little, but as it progresses it grows greater and greater” (Yerushalmi, Berachot 1:1).

Explicit verses in the Torah and the Prophets indicate that the order of redemption is as follows: first, there will be a small degree of repentance, and the Jewish people will gather in their Land, which will begin to yield its fruit. Afterwards, Hashem will bestow upon us a spirit from on high, until we return to Him completely².

3 – Salvation of Israel

On Yom HaAtzmaut (Israeli Independence Day), the Jewish people were delivered from bondage to freedom – from subjugation to the kingdoms of the world, to political independence. This also brought about an actual resurrection from death to life. Until then, we were unable to defend ourselves against the enemies who pursued us. From that day on, thanks to God’s kindness, we began to defend ourselves and win our battles. True, all the enemies who rise up to destroy us have yet to be destroyed, but after the establishment of the State of Israel, we formed an army, thank God, and we have the strength to fight back and triumph. And even though more than 20,000 holy souls have been killed in wars and terror attacks since the State came into being over sixty years ago, just a few years beforehand, during the horrific Holocaust, more than six million holy Jews were killed in the span of five years – more than three hundred times the amount. This is the difference between having the ability to fight back and being a helpless victim.

That day brought about a salvation for Diaspora Jews, as well. They now have a country that is always willing to absorb them, and even works on their behalf in the international arena. Before the State was established, almost no one paid attention to our complaints against the murderous, anti-Semitic persecutions that raged in many countries. After Israel gained independence, however, even the most evil regimes were forced to take into consideration Israel’s possible reprisals on behalf of the Jews living in their midst. Even Communist Russia had to relent and allow the Jews to leave from behind the Iron Curtain, something that was unfathomable before the State was born.

The establishment of the State also brought spiritual salvation to the Jews. Previous to this, the Jewish nation underwent a profound spiritual crisis since the dawn of the modern era. The opportunity to integrate into the civil and national frameworks of the developed nations, which the Jews were granted, generated a strong desire to assimilate. This is not the place to elaborate on the reasons for this crisis; our master, Rav Kook, zt”l, deals with the issue at length, discussing its various facets. In brief, a dangerous process of assimilation and the abandonment of Judaism developed in all countries that embraced modernization. This process threatened the very existence of the Jewish communities in the Diaspora. Assimilation began approximately two hundred years ago in Western Europe, spreading gradually to Eastern Europe and the capitals of the more developed Arab countries. Today, most young people in the Jewish community of America marry out of the faith, and even those who marry Jews beget very few offspring. Under these circumstances, Diaspora Jewry is fading away. Only in the State of Israel is the Jewish population growing; and intermarriage is relatively rare. Moreover, the percentage of Jews connected to Torah and mitzvot in Israel is higher than that of any other Jewish community in the world. This spiritual salvation came about in the merit of the establishment of Medinat Yisrael, which enabled the ingathering of the exiles and diminished the temptations of assimilation.

Thus, Yom HaAtzmaut is invested with three sanctities: the mitzvah of settling the Land, the beginning of redemption which created a Kiddush Hashem in the eyes of the nations, and the various salvations that the Jewish people merited with the rebirth of sovereign nationhood in our Land.

4 – The Three Oaths

A verse in Shir HaShirim says, I made you swear, O daughters of Jerusalem, by the gazelles or by the hinds of the field, that you not awaken nor arouse the love until it desires(Shir HaShirim, 2:7). The Sages explain that God administered three oaths when Israel went into exile amongst the nations: two to Israel, and one to the Gentiles. He adjured Israel not to ascend “as a wall” (some versions read, “against the wall”) and not to rebel against the nations; while He adjured the Gentiles not to overly subjugate the Jews (Ketuvot 111a). Afterwards, the Gemara adds three other oaths that Hashem administered to the Jews: “That they will not reveal the End [of Days], delay the End, or reveal the secret to the Gentiles.” Furthermore, “Rabbi Elazar says, The Holy One, Blessed Be He, said to Israel: ‘If you fulfill the oath, fine; but if not, I will allow your flesh [to be devoured] like that of the gazelles and the hinds of the field.’” (there).

One of the Rishonim, Rabbi Yitzchak De Leon, author of Megillat Esther [on the Rambam’sSefer HaMitzvot], understands the oaths to mean that “we may not rebel against the nations and conquer the Land forcibly,” and this is the intention of “not to ascend as a wall.” Based on this, he concludes that there is no mitzvah to settle the Land until Mashiach arrives (Gloss on the Ramban’s Addendum to Sefer HaMitzvot, Positive Commandment 4).

However, the greatest Rishonim and Acharonim hold that the mitzvah of Yishuv HaAretz is fixed and eternal, as the Ramban, Shulchan Aruch(Even HaEzer 75:3-5), and Pitchei Teshuvah(ibid. 75:6) determine. Thus, one should not learn from this aggadic statement that the mitzvah of Yishuv HaAretz no longer applies nowadays.

Many interpretations have been given for the three oaths. Several of them imply that we must not precipitate the End [of the exile] and ascend to the Land forcibly, without first considering the matter realistically. For there is reason to fear that, because of the hardships of exile and the protracted anticipation for redemption, people will ascend to the Land impetuously, without any practical means by which to build the Land and stand up against the nations of the world. This will lead to destruction and crisis instead of the beginning of redemption. Therefore, God made us swear that we will not attempt to return before carefully calculating our actions. Rather, we should ascend and build the Land gradually, in coordination with the nations of the world, or by way of manifest miracles, which comes to pass if we deserve the “I [God] will hasten it” form of redemption (Yeshayah, 60:22).

Indeed, the modern return to Zion occurred gradually. The Jewish community in the Land established itself step by step, while the Zionist Organization simultaneously engaged in international diplomatic efforts, until the nations recognized the Jewish people’s right to return to their Land and build there a national home. Accordingly, after the League of Nations agreed in San Remo to return the Land of Israel to the Jewish people, Rabbi Meir Simcha of Dvinsk, zt”l, wrote that “the fear of the oaths has faded away.”³.

5 – Establishing Yom HaAtzmaut as a Lasting Holiday

There is a mitzvah to establish a holiday, to rejoice and praise God, on a day when Jews were delivered from distress. This is what prompted the Rabbis to establish Purim and Chanukah as everlasting holidays. Even though it is forbidden to add mitzvot to the Torah, this mitzvah is an exception, for it is derived from a logical inference (a kal va’chomer): when we left Egypt and were delivered from slavery to freedom, God commanded us to celebrate Pesach and sing praise to Him every year; all the more so [must we celebrate] Purim, when we were saved from death to life (Megillah 14a). This is what the Rabbis relied on when establishing Chanukah as well (Ritva, ibid.). The Chatam Sofer explains (Yoreh Deah end of 233, Orach Chaim 208) that since this mitzvah is derived from a kal va’chomer, it is considered a biblical commandment. However, the Torah does not prescribe exactly how to make a holiday; therefore, one who does anything to commemorate these great salvations fulfills his biblical obligation. It was the Rabbis who determined that we read the Megillah, prepare a festive meal, send portions of food to others, and give charity to the poor on Purim, and light the candles on Chanukah.

Many Jewish communities throughout the ages kept this mitzvah of instituting days of joy in commemoration of miracles that happened to them. Many of them used the name Purim in reference to these days, like “Frankfort Purim” and “Tiberias Purim.” Some communities had a custom to eat festive meals, send portions of food to one another, and give alms to the poor on these days. Maharam Alshakar(49) writes that the enactments made by these communities have binding force, obligating all of their descendants to keep them, even if they move to a new community. Other Acharonim concur (Magen Avraham and Eliyah Rabbah 686:5)⁴.

The great gaon, Rabbi Meshulam Roth (Rata), writes: “There is no doubt that we are commanded to rejoice, establish a holiday, and say Hallel on [the fifth of Iyar], the day which the government, the members of the Knesset (who were chosen by the majority of the people), and most of the greatest rabbis, fixed as the day on which to celebrate, throughout the Land, the miracle of our salvation and freedom” (Responsa Kol Mevaser 1:21)⁵.

6 – The Recitation of Hallel

It is a mitzvah to say Hallel on special occasions, in order to thank and praise Hashem for the miracles He performs on our behalf. First and foremost are the holidays that the Torah commands us to observe: Pesach, Shavu’ot, and Sukkot, on which we remember the miracles and acts of kindness that God did for us when He took us out of Egypt, gave us the Torah, and brought us through the desert to Eretz Yisrael.

Our Sages also instituted the recitation of Hallel on all eight days of Chanukah, as the beraita states (Megillat Ta’anit, chap. 9): “Why did they see fit to [require us to recite the] complete Hallel on these days? To teach us that for every salvation HaKadosh Baruch Hu performs for Israel, they [the Jews] come before Him in song and praise. Accordingly, it says in the Book of Ezra(3:11), ‘They sang responsively with praise and thanksgiving to the Lord, for He is good….’”

Similarly, the Talmud (Pesachim 117a) states that after the miracle of the splitting of the Red Sea, “the prophets among them instituted that the Jews should recite Hallel for each and every season [i.e., festival] and each and every trouble that should ‘not’ come upon them; [meaning], when they are redeemed, they should say it upon their redemption.” Rashi explains that the Sages of the Second Temple era relied on this to institute the recitation of Hallel on Chanukah.

Thus, it is incumbent upon us to say Hallel over the miracle that Hashem did for us on Yom HaAtmaut. On that day we were saved from the greatest trouble of all, that of exile and subjugation to foreigners, which caused all of the terrible decrees and massacres that we suffered for nearly two thousand years⁶.

We must be very careful not to deny God’s benevolence to us. The Sages say, “Whoever acknowledges his miracle will be privileged to have another miracle done for him.”^* On the other hand, if we fail to thank Hashem, we will delay the redemption, God forbid, as the Talmud relates regarding King Chizkiyahu. He was a very righteous man who spread a great deal of Torah throughout Israel, but difficult times eventually beset him. Sancheriv, King of Assyria, descended upon Jerusalem with a mighty army, intending to destroy it, and Chizkiyahu fell deathly ill. Nevertheless, he did not lose faith; instead, he cried out to God, Who performed a great miracle on his behalf, curing his illness and destroying Sancheriv’s entire army in one night. At that moment, God wanted to declare Chizkiyahu as the Mashiach and make the war against Sancheriv into the final war of Gog andMagog, bringing redemption to the world. But Chizkiyahu did not say shirah, a song – i.e., Hallel – over his redemption. The Attribute of Justice said to God, “Master of the Universe, if You did not make David, King of Israel, the Mashiach, even though he uttered so many songs and praises before You, will You make Chizkiyahu the Mashiach, seeing that he failed to say shirah after You performed all of these miracles for him?” Therefore, the Talmud continues, the matter was sealed, and there was great sorrow in all the worlds. The earth wanted to say shirah in his stead, and the celestial ministers of the world wanted to defend him, but their pleas were rejected, and the opportunity was lost. The prophet said, “Woe to me! Woe to me! Until when?” (Sanhedrin 94a)

The same is true of us. For many generations we prayed, “Raise a banner to gather our exiles,” and “Swiftly, lead us upright to our Land.” Now that our prayers have been answered, shall we not thank Hashem?! Similarly, it says, Save us, O Lord our God, and gather us from among the nations, that we may thank Your holy name, and glory in Your praise(Tehillim 106:47). Now that He has gathered us, shall we not thank His Holy Name and glorify His praise?!

7 – Hallel With or Without a Blessing?

Some say that even though we should thank Hashem on Yom HaAtzmaut, we should not say Hallel with a blessing. They mention five main reasons: 1) Based on several Rishonim, the Chida holds that Hallel is said with a blessing only when all of Israel experiences a miracle; and when we declared independence only a minority of world Jewry lived in Eretz Yisrael. 2) We should give thanks only for a complete salvation; and our enemies still threaten us on all sides. 3) The spiritual state of the country’s leaders and many of its citizens [diminishes our joy]. 4) It is proper to show deference to the opinion that holds that Hallel should be said only when a revealed miracle occurs, like the miracle of the Menorah, whilst the establishment of the State was a natural miracle. 5) It is unclear whether the day of thanksgiving should be set for the day we declared independence [the 5^th of Iyar], the day the War of Independence ended, or the day the United Nations decided to establish a Jewish State, which was the sixteenth of Kislev(Nov. 29).

Because of all, or some, of these concerns, the Chief Rabbinate’s Council originally prescribed that one recite the Hallel without a blessing during the morning prayers of Yom HaAtzmaut. Over the course of the next twenty-six years, however, the State of Israel’s situation improved dramatically. We were privileged to liberate Judea and Samaria in the Six-Day War, and we even came out of the Yom Kippur War with a great victory, despite the adverse conditions at the start. More than three million Jews already lived in the Land, five times the number that lived there at the State’s inception [1948]. Therefore, on the 25^th of Nisan, 5734 (1974), the Chief Rabbinate’s Council assembled once again, at the initiative of the [Ashkenazi] Chief Rabbi Shlomo Goren, zt”l, to discuss the issue of Hallel on Yom HaAtzmaut. They decided, by majority vote, that a strong case can be made in favor of saying the full Hallel with a blessing on Yom HaAtzmaut morning. On this basis, our Rosh Yeshiva,HaRav Tzvi Yehudah HaKohen Kook, zt”l, instructed the Mercaz HaRav Yeshiva to recite Hallel with a blessing, and all of his students act accordingly.

In response to the claim that Hallel may be said only on a miracle that affects all of Israel, the Rabbis explained that the establishment of the State constituted a salvation for all of Israel (as explained above, sec. 3). In addition, the residents of the Land of Israel are considered the entirety of Israel (Klal Yisrael). The Day of Independence was specifically chosen as the day of thanksgiving because it was the foundation for the deliverance and salvation⁷.

8 – SheHechiyanu and Hallel at Night

According to the gaon Rabbi Meshulam Roth, since Yom HaAtzmaut is a holiday, commemorating the great salvation that Israel experienced on that day, it is appropriate to recite the SheHechiyanu blessing on the day, as we do on all the holidays, including Purim and Chanukah. He believes, however, that the obligation to say SheHechiyanu depends on one’s joy. Therefore, one who is not particularly happy may recite the blessing but is not obligated to do so, while one who is joyous about the establishment of the State is obligated to recite it on Yom HaAtzmaut.

Many others hold that one should not say SheHechiyanu on Yom HaAtzmaut, because the Sages instituted the recitation of this blessing only for holidays on which one is forbidden to do work, like the three pilgrimage festivals, Rosh HaShanah, and Yom Kippur. The SheHechiyanu blessing that we say on Chanukah and Purim, which do not entail a prohibition against work, pertains to the special mitzvot we perform on these days – the Megillah reading on Purim and the candle lighting on Chanukah – not to the very essence of the day. For, as we said, one does not recite SheHechiyanu over the essence of a holiday unless it is forbidden to do work on that day.

One who wants to be meticulous and satisfy all opinions should wear a new garment and recite SheHechiyanu on it, having in mind that the blessing relates to the holiday as well. If he is the chazzan (prayer leader), it is best to say the blessing on the garment right before Hallel. This way, the listeners can also discharge their obligation⁸.

Some say that the salvation of Yom HaAtzmaut is similar to the exodus from Egypt, requiring us to say Hallel at night. This was Rabbi Goren’s custom, and some communities follow this practice. However, many authorities hold that the halachah of saying Hallel on the night of Pesach is unique, and we cannot deduce other holidays from it, the proof being that we say Hallel on the other holidays during the daytime alone. Therefore, one should not say Hallel on the night of Yom HaAtzmaut. This is the practice of most of Rav Tzvi Yehuda HaKohen Kook’s students⁹.

9 – The Different Dates of Yom HaAtzmaut

The fifth of Iyar can fall out on a Monday, Wednesday, Friday, or Saturday (Shabbat). When it falls out on a Friday or Shabbat, there is good reason to fear that the celebrations and ceremonies will cause public desecration of the Sabbath. Therefore, it was decided – at the request of the Chief Rabbinate – that whenever Yom HaAtzma’ut falls out on a Friday or Shabbat, the holiday is celebrated on [the previous] Thursday (the 3^rd or 4^th of Iyar). Eventually, the Rabbis realized that even when Yom HaAtzmaut falls out on a Monday, the preparations for Yom HaZikaron (Memorial Day), which begins on Saturday night, cause many Jews to violate the Sabbath. Therefore, it was decided – at the request of the Chief Rabbinate – that both of these special occasions be postponed by a day, establishing Yom HaZikaron on the fifth of Iyar and Yom HaAtzmaut on the sixth of the month. In practice, then, on three of the four days on which Yom HaAtzmaut can fall, we celebrate it either before or after its genuine date.

We find a similar concept elsewhere. Out of concern that one might carry a shofar or lulav on Shabbat, the Sages canceled these mitzvot. Therefore, when Rosh HaShanah falls out on Shabbat, we do not blow the shofar that day, and when the first day of Sukkot falls out on Shabbat, we do not take the Four Species. Thus, the Sages canceled biblical commandments in order to avoid Sabbath violation, but we may not change the actual date of a holiday since it is written explicitly in the Torah. Rabbinically-ordained holidays, however, may be postponed, or observed earlier. For example, when Purim falls out on Shabbat, we read the Megillah and give gifts to the poor on Friday, read the special Torah reading and say Al HaNissim on Shabbat, and eat the festive Purim meal and send portions of food to others on Sunday (Shulchan Aruch. Orach Chaim 688:6; Mishna Berura 18; below 17.5). And when Tish’a B’Av falls on Shabbat, we postpone the fast until Sunday (see Shulchan Aruch. O.C. 551:4, 554:19).

The same is true of Yom HaAtzmaut – it all depends on how the holiday was instituted. Whichever day the representatives of the people and the Chief Rabbinate decide is the day to celebrate the establishment of the State is the day that we must thank Hashem for His salvation¹⁰.

It is interesting to note that the declaration of independence took place earlier than originally planned, in order to prevent Sabbath desecration. After all, the British Mandate ended on Friday night, [May 14, 1948], at midnight, but the heads of the People’s Council did not want to declare statehood amidst Sabbath desecration, so they moved the declaration up to Friday afternoon, the fifth of Iyar.

10 – Yom Yerushalayim

In the Six Day War, the Jewish nation, with God’s help, achieved a tremendous victory over its enemies. The war began on three fronts, and in the span of just six days, we utterly shattered our enemies’ military strength and dealt them a total defeat. At the same time, we liberated all of the holy places in Judea and Samaria – most significantly Jerusalem and the Temple Mount – along with the Sinai Peninsula and the Golan. Anyone who viewed these events honestly, and had even the slightest spark of faith in his heart, saw clearly the words of our holy Torah, “For the Lord your God walks in the midst of your camp to save you and to deliver your enemies before you”(Devarim 23:15). This great victory was truly a manifest miracle.

In order to thank Hashem and publicize the miracle, the Chief Rabbinate, headed by Rabbi Isser Yehuda Unterman and Rabbi Yitzchak Nissim, established the twenty-eighth day of Iyar, the day on which Jerusalem and the Temple Mount were liberated, as a day of thanksgiving and joy for all of Israel. They also instituted the recitation of Hallel with a blessing after the morning services (Shacharit). Rabbi Shlomo Yosef Zevin and Rabbi Shaul Yisraeli also participated in and supported this decision¹¹.

11 – Shaving, Haircuts, Weddings, and Tachanun

After Yom HaAtzmaut was established as a day of joy and thanksgiving, the question arose: do the customs of mourning that we observe during the Sefirat HaOmer period apply to Yom HaAtzmaut? The halachic authorities have expressed their opinions in both directions. The accepted practice is not to keep customs of mourning that diminish expressions of the joy. Therefore, it is permissible to dance and play music. However, one should not make a wedding on that day, because avoiding weddings is not considered an expression of mourning that clashes with the joy of Yom HaAtzmaut.

Those who shave regularly should shave in advance of Yom HaAtzmaut, just like one puts on special clothing before the holiday begins. Regarding haircuts, it seems that only one who looks disgraceful because of his [long] hair may take a haircut prior to Yom HaAtzmaut. Someone who looks fine, however, is allowed to take a haircut only on Yom HaAtzmaut itself, for then the joy of the day overrides this custom of mourning¹².

The Chief Rabbinate, under the leadership of Rabbi Unterman and Rabbi Nissim, determined that even Ashkenazim who observe the customs of mourning during the latter part of Sefirah should not curtail their joy on the 28^th of Iyar, Yom Yerushalayim. After all, many communities terminate all the restrictions after Lag BaOmer (the 33^rd day of the Omer) (see above 3.2-4). This is all the more so, now that the 28^th of Iyar has been instituted as a day of thanksgiving and joy over the miracle that HaKadosh Baruch Hu performed for His nation, Israel. Therefore, one may even make a wedding on Yom Yerushalayim.

We do not say Tachanun on Yom HaAtzmaut, Yom Yerushalayim, or during the Minchah service preceding these days (Peninei Halachah, Tefillah 21.7; see also 21.2, n. 1).

12 – Yom HaZikaron (Memorial Day) for the Fallen Soldiers of Tzahal

From a halachic standpoint, there is no need to institute a general memorial day for the holy soldiers who were killed in battle. Rather, one should do what the Jewish people do for anyone who has passed away: on the anniversary of death (yahrtzeit), a memorial prayer is said, and the deceased’s sons or relatives say Kaddish, study Torah, and give charity to elevate their loved one’s soul. Those who are more meticulous hold a memorial service and organize Torah lectures to elevate the deceased’s soul.

We have fought many wars throughout our long history, often losing more soldiers in one war than Tzahal has lost in all of its battles put together. Nevertheless, we do not find that our Sages ever instituted a memorial day for those killed in battle. When we won, we celebrated, and when we lost, we mourned individually. The only battle for which the Sages instituted public mourning, in the form of selichot prayers and fast days, is over the destruction of Jerusalem and the Beit HaMikdash, which was a spiritual and national catastrophe for the Jews. Indeed, the churban is the source of all the troubles, evil decrees, and bloodshed that our nation has suffered throughout the exile. Even the Fast of Gedalyah was instituted in commemoration of the churban, not because Gedalyah was such a great tzaddik that all of Israel needs to mourn his death. Rather, his assassination extinguished the last ember of hope for the Jews who remained in the Land after the destruction of the First Temple.

Moreover, just a few years before the State of Israel was born, six million Jews were murdered in a dreadfully cruel manner. They are our brothers no less than the Israeli soldiers who fell in battle, and they are more than three hundred times the number of soldiers who have died in all of Israel’s wars. How, then, can we establish a day of mourning for the soldiers, on the same scale as for the six million?

Rather, if there is any allowance for a memorial day, it is on condition that we dedicate the day to educating the public about the essence and purpose of the Jewish nation, and about the value of self-sacrifice for Klal Yisrael. Many people mistakenly believe that the more we bow our heads in grief and portray our pain over the fallen soldiers in somber hues, the more we honor their memories. The opposite, however, is true. We should view the slain as holy souls, whose entire lives were refined and sanctified through their self-sacrifice for the people and Land of Israel. About such heroes Chazal say, “No one can dwell in the section of Gan Eden where those who were killed by the kingdom dwell” (Pesachim 50a). A nonbeliever thinks that they are dead in comparison with the living, but a believing Jew knows that they are more alive than all the rest. They died young in this world, but they are very alive in the everlasting world, the World to Come. They are much more alive than we are. They are holy, and our Sages say, “What is holy exists forever” (Sanhedrin 92a).

By giving their lives in sanctification of God’s Name, they rose above the personal existence of an individual Jew to the comprehensive level of the holiness of Klal Yisrael. By sacrificing their lives for Klal Yisrael, they were elevated to the stature of Klal Yisrael, and they are more connected to HaKadosh Baruch Hu, the source of life. Therefore, they added great light and blessing in both the World of Truth and this world when they died. Moreover, we live here today in their merit, and all of our accomplishments belong to them.

Sadly, people with little faith, who do not understand Klal Yisrael’s past and ongoing mission, have seized control of the State of Israel’s media and cultural life. In the beginning, the secularists still had an inkling of what Judaism was all about, based on what they heard in their parents’ home, but over time, their alienation from Torah values took its toll, and they turned Yom HaZikaron into a day of weakness and defeatism. Instead of honoring the holy memories of the fallen, trying to understand the essence of Am Yisrael, and investing meaning into the soldiers’ self-sacrifice, they emphasize the pain, despair, and destruction, portraying the deaths of these soldiers as meaningless. They appear to be honoring the fallen, but in reality, there is no greater affront to the honor of these holy souls than the inappropriate character that these people have attached to Yom HaZikaron – the fundamental flaw being a disregard for the sacred Jewish national destiny of Klal Yisrael for whose sake the soldiers sacrificed their lives.

If we nonetheless observe Yom HaZikaron, we must underscore the soldiers’ self-sacrifice in sanctifying God’s Name. We must emphasize how they demonstrated to us that the prophecy of the ingathering of the exiles and the rebirth of the Jewish nation in its [ancient] Homeland is so great that it is worthwhile to give up one’s life in this world for its sake. This will strengthen us and inspire us to follow their lead. The children we bear and raise exist in their merit; the settlements we establish flourish because of them; the Torah we learn is theirs; the ethical Jewish society we want to build here, as the prophets foretold, is theirs also. If we remember this, and exert a great deal of effort, we will be able to continue in their path, the path of self-sacrifice for Klal Yisrael. Then we will truly honor them, as holy and pure souls, illuminating and shining like the glow of the heavens.

This is also what we must say to the bereaved families in whose midst these holy warriors sprouted: Do not surrender to death; continue to live by their strength. Do not bow your heads; rather, stand up straight and tall in their honor. Lift your eyes beyond the ordinary horizon and look towards the vision of the redemption and the End of Days. And even if there are tears in your eyes, let them be tears of grandeur.

13 – The Siren and Standing Silently on Yom HaZikaron

In its “Memorial Day Law,” the Knesset determined that the day before Yom HaAtzmaut will be “A memorial day for the soldiers of the Israel Defense Forces (IDF or Tzahal), who gave their lives to ensure the continued existence of the State of Israel, and for those who fought and fell in the campaigns to create the State of Israel – to memorialize them and pay tribute to their courage.” “Memorial services, public gatherings, and ceremonies will be held on army bases and in educational institutions. Flags will be lowered to half-mast on public buildings.” In addition, the Knesset decided that “Two minutes of silence will be observed throughout the country, during which all work and travel will cease.” To facilitate the two minutes of silence, a siren wails throughout the country, and people stand still in honor of the fallen. In practice, at 8:00 p.m. Yom HaZikaron evening, the siren sounds for one minute, and at 11:00 a.m., the next morning, it wails for two minutes, during which time everyone dedicates his or her thoughts to the memory of the fallen. The official ceremonies begin immediately thereafter.

Some claim that it is forbidden to stand at attention when the siren blasts, because this custom has no basis in rabbinic literature. Rather, we copied it from the Gentiles, and one may not follow the ways of the nations, as it says, “Do not follow their ordinances”(Vayikra, 18:3). In practice, however, the vast majority of poskim hold that the prohibition against following the ways of the Gentiles applies only when one of two conditions is met: 1) the custom entails a breach of modesty or humility, 2) it has no apparent reason or benefit, making it clear that it is based on a vain heathen belief (Maharik,Shoresh 88; Rivash 158). Rabbi Yosef Cairo and the Rama concur (Beit Yosef and Haga, Yoreh Deah 178:1). Thus, since the custom under discussion has a purpose – by way of the siren and standing silently, everyone unites together to remember the fallen – it is not considered a gentile practice¹³.

Others claim that one should not interrupt Torah study on account of the siren. However, our teacher, HaRav Tzvi Yehuda HaKohen Kook, zt”l, writes, “Standing silently for the fallen soldiers of Tzahal contains within it the holy mitzvah of remembering the glory of the holy ones.” Moreover, it is possible to say that meditating upon the memory of the holy soldiers and the mitzvah to sacrifice one’s life to save the nation and conquer the Land is tantamount to thinking Torah thoughts. And even those who do not understand this must be mindful of Hillel the Elder’s teaching: “Do not separate from the community” (Avot 2:4)¹⁴.

14 – Holocaust Remembrance Day

The Knesset legislated that the twenty-seventh of Nisan is “A day of remembrance for the martyrs and heroes of the Holocaust, devoted to the remembrance of the disaster that the Nazis and their collaborators brought upon the Jewish people, and the acts of heroism and revolt performed in those days.” “It will be marked throughout the State by a two-minute silence, during which all work and travel will cease. Memorial services, public gatherings, and commemorative ceremonies will be held on army bases and in educational institutions. Flags will be lowered to half-mast on public buildings, and radio broadcasts will express the special character of the day.” The two minutes of silence take place at 11:00 a.m., after which the official ceremonies begin.

However, unlike Memorial Day for the fallen soldiers of Tzahal, to which the Chief Rabbinate consented, the Torah sages objected to the establishment of Holocaust Memorial Day on the 27^th of Nisan. After all, the month of Nisan is a time of joy, as the halacha determines: one does not say Tachanun or establish a public fast day during the entire month of Nisan (Shulchan Aruch, Orach Chaim 429:2). In addition, we refrain from delivering eulogies and saying memorial prayers (hazkarat neshamot) throughout the month (Mishna Berura 429:8). Many even have a custom not to visit cemeteries in Nisan, and one who has a relative’s yahrtzeit in Nisan visits the grave the day before the month begins. Therefore, it is clearly inappropriate to institute, in the month of Nisan, a memorial day for the holy souls who were murdered in the Holocaust. Rather, the proper time to remember them is on the fast days that the Rabbis already established in commemoration of the destruction of the Holy Temple, especially Tish’a B’Av (the Ninth of Av). Indeed, the Chief Rabbinate established the fast of Asarah B’Tevet (the Tenth of Tevet) as a day of general mourning (Yom HaKaddish HaKlalli) over the souls of the holy ones who were killed in the Holocaust, whose date of death is unknown.

It seems to me that the way to, nonetheless, endow the 27^th of Nisan with some sort of appropriate character is to establish it as a day for cultivating the “Jewish family.” Undoubtedly, the last request of the six million who were tortured and killed in cruel and unusual ways was that the Jewish people should continue to live, multiply, and grow. They surely hoped that the terrible suffering that our nation underwent for thousands of years, especially during the Holocaust, should not be for naught, that every surviving Jew should do everything in his or her power to marry, bear children, and continue the legacy, in order to fulfill the verse “The more they afflicted them, the more they increased and spread out”(Shemot 1:12). Therefore, it is fitting that public figures get together on this day and come up with ways to encourage marriage and procreation, while the teachers speak about the great responsibility that we – the remnants of the sword – have in ensuring the continued existence and growth of the Jewish nation.

Additonally, when the siren wails, we should think how to further the development of the Jewish nation, in memory of the victims of the Holocaust. Then, our participation in this practice will not be an expression of mourning or hazkarat neshamot, but an expression of rebirth and revival, which is appropriate for the month of Nisan. Furthermore, such thoughts would not constitute bitul Torah (wasting time when Torah could be studied). In any event, even one who does not have these things in mind should not separate himself from the community.

With God’s help, our judges will soon be restored as at first, and we will pose this question to them, and they will instruct us how and when it is fitting to memorialize our holy martyrs.

1 – Instituting the Fasts

After the destruction (churban) of the First Temple, the prophets instituted fasts in commemoration of the tragic events surrounding the churban and the exile of the Jews [from their Land]. The purpose of these fasts is to arouse the people to mourn over the churban and the exile, which will lead them to repent and rectify the evil deeds that caused all the troubles that Israel has experienced since then, until this very day.

They instituted a fast on the tenth of Tevet because that is when Nevuchadnetzar, King of Babylonia, began his siege on Jerusalem. They also instituted a fast in Tammuz because the walls of Jerusalem were breached in that month. The ninth of Av was established as a fast day because the Temple was destroyed on that day. On the third of Tishrei, Gedalyah son of Achikam – leader of the Jews who remained in Judea after the churban – was murdered, prompting [the prophets] to institute a fast day, because his death extinguished the last ember of Jewish sovereignty in the Land.

The Jews observed these fasts throughout the seventy-year Babylonian exile, and when they were privileged to build the Second Temple, the question arose: are we obligated to continue fasting on these days? The prophet Zecharyah (8:19) answered, Thus says the Lord of Hosts, “The fast of the fourth [month] (Tammuz), the fast of the fifth (the ninth of Av), the fast of the seventh (the third of Tishrei), and the fast of the tenth (the tenth of Tevet) will be to the House of Judah for joy and for gladness, and for festive days; love truth and peace.” Indeed, during the Second Temple era, these days became joyous festivals.

When the Second Temple was destroyed, the [original] enactment was reinstated and the Jews [once again] observed the four fasts. However, the date of one of the fasts changed: the one in Tammuz, commemorating the breaching of Jerusalem. You see, at the time of the first destruction, the city was breached on the ninth of Tammuz, and the Jews fasted on that day throughout the seventy-year Babylonian exile. During the second churban, however, Jerusalem was breached on the seventeenth of Tammuz, on which we fast to this very day. Now, the four fasts were originally instituted, by the prophets, to commemorate the destruction of the First Temple. This is why we fast on the tenth of Tevet, which is when Nevuchadnetzar, King of Babylonia, laid siege to Jerusalem at the time of the first churban. This is also why we observe the Fast of Gedalyah, which marks the demise of Jewish governance [in the Holy Land] at the end of the First Temple era. Nonetheless, when it comes to the fast commemorating the breaching of Jerusalem’s walls, [the Sages] established the fast on the seventeenth of Tammuz, which is when the city was breached at the time of the second churban, because the pain of that destruction is closer to us. Furthermore, the verse calls that fast The fast of the fourth[month], implying that the main institution is that it should take place in the fourth month, which is Tammuz. Therefore, even when [the later sages] changed the date from the ninth to the seventeenth, they did not essentially change the prophets’ directive to fast in the fourth month in memory of the breaching of Jerusalem. Nothing changed in regards to the ninth of Av, because both Temples were destroyed on that day^[1].

2 – The Tenth of Tevet

The prophets established a fast day on the tenth of Tevet, because that is when Nevuchadnetzar King of Babylonia came with his army to besiege Jerusalem, and that marked the beginning of the troubles which ended in the destruction of the First Temple and the exile of the Shechinah. Granted, during the Second Commonwealth, the siege began on a different day; nevertheless, the initial destruction of the Beit HaMikdash and abolishment of Jewish kingship occurred on the tenth of Tevet.

Once the tenth of Tevet was already established as a fast day, the rabbis added two other sorrowful events, which occurred around that date, to the character of the day: the death of Ezra the Scribe, on the ninth of Tevet, and the translation of the Torah to Greek, on the eighth of the month. The Chief Rabbinate of Israel also expanded upon the significance of the day, establishing it as a day of general mourning (Yom HaKaddish HaKlalli) for the holy souls who were killed in the Holocaust, whose date of death is unknown.

Our Sages say that Ezra the Scribe was worthy to have the Torah given through him, had Moshe Rabbeinu not preceded him (Sanhedrin 21b), implying that he was second only to Moshe. Ezra the Scribe enacted ten fundamental decrees (Bava Kama 82a), and by doing so, he inaugurated the tradition of the Sages of the Oral Law. Chazal further state that Ezra the Scribe, who ascended from Babylonia to build the Second Temple, is actually the prophet Malachi (Megillah 15a). That is to say: on the one hand, he is the last of the prophets, who are associated with the Written Law; while on the other hand, he is the first of the Sages of the Oral Law. Thus, he is a great Torah scholar who serves as a transitional link between the Written and Oral Torahs. And just like Moshe, he cared for Klal Yisrael and bore the burden of leading them. He was among the leaders of the aliyah from Babylonia and one of the builders of the Second Temple.

Afterwards, when the Greeks came to power, they issued a harsh decree against the Jews, forcing them to translate the Torah into Greek. That day was as calamitous for the Jews as the day upon which the Golden Calf was made, for the Torah belongs to the Jewish people and translating it into Greek blurred its uniqueness, giving the impression that anyone can engage in it. This occurred on the eighth of Tevet, causing darkness to descend upon the world for three days. Therefore, on the fast of Asarah B’Tevet we mention this painful event, as well.

Our master and teacher, R. Tzvi Yehudah Kook zt”l, said that we must rectify these three issues on the tenth of Tevet: 1) In response to the siege of Jerusalem, we must strengthen the walls of the city and build up the Land both spiritually and physically. 2) In response to the death of Ezra, we must enhance and glorify the Torah, while engaging in the ingathering of the exiles, as Ezra the Scribe did. 3) In response to the translation of the Torah into Greek, we must restore our genuine Jewish spirit and culture and uproot all the evil “spirits” that entered our culture throughout the exile, when the nations ruled over us.

3 – The Seventeenth of Tammuz

The Sages of the Mishnah state, “Five (tragic) events befell our forefathers on the seventeenth of Tammuz: the Tablets [containing the Ten Commandments] were broken, the continuous daily offering (Tamid) was terminated, the city [of Jerusalem] was breached, Apostomus burnt a Torah scroll, and [someone] erected an idol in the Holy Temple” (Ta’anit 26a-b).

[The breaking of the Tablets]: After the revelation at Mount Sinai and the [Jewish people’s] acceptance of the Torah, Moshe Rabbeinu remained on the mountain for forty days and forty nights, where he learned Torah directly from God. When he descended the mountain carrying the covenantal Tablets, which were engraved with the Ten Commandments, he saw that some of the people had strayed after a golden calf that they had fashioned. His strength immediately failed and he broke the Tablets. Thus, not only were the Tablets broken on the seventeenth of Tammuz, but the sin of the Golden Calf occurred on that day, as well.

The termination of the Tamid offering: The Tamid is the most important sacrifice offered in the Holy Temple. Its importance stems from its consistency: they would offer the Tamid [twice a day], every day, once in the morning and once in the evening. During the first siege on Jerusalem, the Romans supplied [the Jews] with lambs to be used for the Tamid offering. This went on until the sixteenth of Tammuz. The seventeenth of Tammuz was the first day they failed to offer the Tamid(see Bava Kama 82a).

The burning of the Torah by Apostomus: He was a [wicked] Roman officer.

Erecting an idol in the Holy Temple: Some say that this happened in the First Temple, and [King] Menasheh was the one who did it. Others say that it took place in the Second Temple era, and the perpetrator was the wicked Apostomus (Yerushalmi, Ta’anit 4:5).

However, the event that ultimately prompted [the prophets/rabbis] to establish a fast day was the fifth tragedy, the breaching of Jerusalem’s walls. The Romans besieged the city for three years, yet they were unable to conquer it. Finally, because of baseless hatred and infighting [among the Jews], the city’s defenders grew weak and the Romans prevailed. On the seventeenth of Tammuz, they succeeded in breaking through the walls of Jerusalem and penetrating inward. Practically speaking, once the city was breached, the campaign was lost. Battles continued to rage in Jerusalem for another three weeks, but in the end, [the Romans] conquered the Temple mount and burned down the Second Temple, on the ninth of Av, thus beginning the long exile^[2].

If we ponder the matter, we will see that there is a deep connection between the five tragedies that occurred on the seventeenth of Tammuz. Each one reveals a crisis that affects the spiritual roots first, then introduces cracks in the wall of faith, and eventually causes serious damage, which if not repaired promptly will lead to the total destruction of Tish’a B’Av. When the Jews committed the Sin of the Calf, they did not completely reject God. They still believed in HaShem, creator of the world; they just believed that the Calf had certain powers, as well. Once they began committing idolatry, however, they had no strength to resist the council of the Spies, and they rebelled against HaShem and His servant Moshe, thus violating the purpose for which the Jewish nation was created – the revelation of the Shechinah in this world, in the Land that was designed for this, Eretz Yisrael. The same is true of the termination of the Tamid offering, the placement of an idol in the Temple, and the burning of the Torah. None of them, as of yet, entail [complete] destruction, but they represent a fundamental spiritual rift, which if left unrepaired will grow worse and worse, leading eventually to total destruction.