Cutting Both Ways: The Dynamics Of Giving And Getting A Shave And Haircut

The Torah (Vayikra 19:27) explicitly states: לא תקפו פאת ראשכם ולא תשחית את פאת זקנך, which translates to “Do not round the corners of [the hair on] your heads and you shall not destroy [by shaving] the edges of your beard.” This prohibition is further elaborated upon in the Gemara (Makot 20b), which cites a beraita that imposes the punishment of malkut (lashes) for both the individual who cuts (i.e. barber) the pe'ot ha'rosh and the individual (i.e. client) whose pe'ot ha'rosh have been cut.”

Thus, it appears evident that the terminology of the pasuk directly refers to both the individual who cuts or shaves (i.e., the barber) and the individual (i.e., the client) whose pe'ot ha'rosh have been cut or whose beard has been shaved.¹

This interpretation aligns with the views of most of the rishonim, such as Rashi, Tosafot, and the Ra'avad². The use of the plural form, 'לא תקפו,' in the verse (Vayikra 19:27) creates a negative commandment that applies to both parties involved: the 'makif' (the one who performs the act of cutting) and the 'nikaf' (the one whose pe'ot ha'rosh are cut).

However the Rambam (Hilchot Avodah Zarah 12:1) states that an individual whose pe'ot ha'rosh have been cut is not subject to the punishment of malkut (lashes) unless they actively assisted the person who cut their pe'ot ha’rosh. In Rambam’s view, the primary prohibition (lav) against cutting the pe'ot ha’rosh  primarily applies to the 'makif' – the individual who performs the act of cutting (i.e. barber). However if the the 'nikaf' (the one whose pe'ot ha'rosh are cut) explicitly requested or encouraged the cutting of their pe'ot ha'rosh, they may also be liable for the punishment of malkut (lashes), even though they did not physically perform the act of cutting themselves.

II. Nafka Mina

There is a significant difference of opinion between the Rambam and other rishonim. If the 'nikaf' (the one whose pe'ot ha'rosh are cut) remains completely passive (i.e. asleep) and does not consent to or participate in the cutting of their pe'ot ha'rosh, the Rambam maintains that they have not violated any biblical prohibition. In contrast, according to the other rishonim, the 'nikaf' has indeed violated a biblical prohibition, even if they were not actively involved in the act of cutting.

Furthermore, the rishonim would disagree on the appropriate punishment for an individual who cuts their own pe'ot ha'rosh (without the help of a barber). According to most rishonim, such an individual would be subject to two sets of lashes: one for violating the prohibition against cutting the pe'ot ha'rosh (the 'lav' of the 'makif') and another for violating the prohibition against having one's pe'ot ha'rosh cut (the 'lav' of the 'nikaf'). However, according to the Rambam, there is only one prohibition – that of the 'makif' – and therefore, the individual would only be liable for a single set of lashes.

III. Halachah

The Shulchan Aruch (Y.D 181:4) rules that the one whose pe'ot are shaved off is also liable if he assists (the barber) in shaving, leaning his head to him so that he shaves his pe'ah, but there is prohibition even if he does not help, therefore it is forbidden to have one's pe'ot shaved off even by a gentile.

Rav Shlomo Zalman Auerbach³ explained that the definition of "assisting" encompasses more than just physically helping someone else. Assisting constitutes one’s approval which can be by simply visiting a barber with the intention of having one's hair cut in a manner that violates the prohibition against rounding the corners of the head.⁴

Furthermore, Rav Auerbach contended that even if an individual is entirely unaware of the violation occurring at the time, such as when they are under anesthesia during a medical procedure, they may still be considered to have assisted in the violation if they intentionally sought out the situation where the violation would occur.

IV. Conclusion

Jewish law prohibits a Jewish barber from cutting the pe'ot ha'rosh (sidelocks) or shaving another Jew.

 By Rabbi Nissan Shalomayev
Rav, Bukharian Jewish Cong. of Hillcrest, Kehilat Ohr V’Achdut

¹  The Tosafot (Shevuot 3a DH v’Al) say that the person who shaves someone else is also liable, just like the person who gets shaved. This is similar to the rule about cutting pe'ot ha'rosh, where both the person who cuts and the person who gets their pe'ot ha'rosh cut are liable. Even though by pe'ot ha’rosh the Torah uses a plural form ("Lo Takifu"), and the halacha about shaving comes from a singular tense ("Lo tashchit"), we can still learn the same rule about both. This is because the Torah prohibits kohanim from shaving their beards, and pasuk is expressed in a plural form ("Lo Yegalechu"), implying that the prohibition applies not only to kohanim but also to other Jews, as well as to both the person shaving and the one being shaved.

²  Hilchot Avodah Zarah 12:1

³  Nishmat Adam Y.D 181:1

אם מסייע בדבר שמטה עצמו אליו להקיפו. כתב לי הגרש"ז אויערבאך זצ"ל דלגבי מה שכתוב בדין מקיף וניקף שהניקף צריך הטיית ראש כדי להתחייב, שם כדי להתחייב במלקות צריך מעשה בידים בשעת ביצוע האיסור. אך אה"נ אם בוצע ההקפה בהסכמתו כשהוא בא להמקיף שיבצע את האיסור, עובר שפיר בלאו גם אם היה בלי הכרה בשעת מעשה, עכ"ל. [וראה בנשמת אברהם' שלכן גם אשה שעוברת הפלה ללא אישור של ההלכה מכשילה את הרופא בין שהוא יהודי או עכו"ם אעפ"י שבזמן ביצוע ההפלה היא ללא הכרה ולא עושה מאומה לסייע לרופא

³  The author further notes that a woman who undergoes an abortion at a doctor's office transgresses the prohibition of "placing a stumbling block before the blind." This is because, by seeking out the procedure, she effectively requests that the doctor perform the action, regardless of her level of consciousness during the actual procedure. See however Rav Moshe Shternbuch in Teshuvot Vehanhagot 4:262.