Is it minhag or halacha to refrain from shaving during the three weeks?

My husband Ben returned home last night for a brief overnight visit after being at a Jewish summer camp in the Poconos for the past three weeks.  He is working there on the teaching staff, teaching about Judaism.  I was excited to see him, and as he walked in the door, I immediately saw his half-grown beard (see photo below), and was dismayed because I thought that perhaps he might have shaved in anticipation of seeing me.  He quickly reminded me that he was refraining from shaving because we are in a period of time of mourning in the Jewish calendar called "The Three Weeks."  These weeks began with Sh'vah Asar B'Tammuz which is a minor fast day commemorating the day the day the walls of Yerushalayim were breached leading up to the destruction of the 2nd Beit Hamikdash.  The Three Weeks conclude with Tisha B'Av, a major fast day commemorating the destruction of both the first and the second batei mikdash



This morning I decided to check and see if it really is halacha (law) to refrain from shaving (as a symbol of mourning) during the Weeks, or if it is just a minhag (custom).  What I found was a great deal of controversy.  The Mishna (Taanit 26:b) rules that it is forbidden to get a haircut (and shaving is generally thought of as in the same category) from motz'ei Shabbat before Tisha B'Av through Tisha B'av itself, i.e. the week in which Tisha B'Av falls.  That period of time is called shavua sh'chal bo.  The basic halacha found in the Shulchan Aruch is the same as what is in the Mishna (551:3)However, the Rama comments on this halacha by saying that it is our practice (nohagin) to be stringent during the entire Three Weeks (551:4).  The Rama's source for that statement is from Minhagei Maharil. Sephardim generally follow the halacha as written in the Shulchan Aruch, and refrain from shaving only during the week of Tisha B'Av , while Ashkenazim generally follow the ruling of the Rama, and do not shave for the whole Three Weeks.

Among Ashkenazi poskim, (halachic decisors) R. Moshe Feinstein (z"l) is regarded in the Orthodox community in America as the major modern posek, and he ruled that one may not shave during the Weeks.  However, he does allow leniencies for someone who may lose his job or lose income for looking disheveled on the job.  A person in this scenario may shave up until shavua sh'chal bo but then must refrain from shaving.  Another gadol hador, Rav Soloveitchik, believed that the Weeks mirror the year of mourning for a parent, and therefore permitted shaving during the weeks after a few days of growth following Sh'vah Asar B'Tammuz.  His is a minority opinion but is followed by many.  He too would agree that not shaving during the shavua sh'chal bo is unquestionably forbidden as halacha.

There are many other leniencies and exceptions to these rules, as well as details pertaining specifically to women.   A good general article about the weeks can be found here on the Yeshiva University website.  So to summarize, in my opinion, although shaving during the Weeks is prohibited to Ashkenazim as a minhag, it is a minhag that carries the weight of halacha.  It is however forbidden to both Ashkenazim and Sephardim to shave during the shavua sh'chal bo.

When I asked Ben if anyone else at camp is refraining from shaving, he said that he was the only one.  However, he told me that one of the teenagers entering his senior year of high school had talked to him about his desire to try to refrain from shaving.  The teen said that his parents don't like it when he doesn't shave.  (I'm not sure if Ben told him, "I know what you mean, my wife feels the same way!")  Hearing about this conversation between my husband and one of the junior staff to me was enough of a reason to applaud Ben for his decision to not shave.  His not shaving was really an education for his students.  Because not shaving during the Weeks is rare at this camp, if it weren't for him, this minhag might go unnoticed or untaught completely.  Even if the minhag was taught, it is much more meaningful to see it in action by a teacher.  It allows for the possibility for students to identify with teachers and see the range of observance that can occur outside of the Orthodox world.  Because it is so rare to refrain from shaving outside of Orthodoxy, I felt Ben was being a mitzvah hero (even though I'm not thrilled about the "cactus" look).  So here's a shout out to my awesome husband Rabbi Ben Richman.  Yay Ben!

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