2020/5780
Clarifying Pei'ot and Electric Shavers Part 1
By Rabbi Chaim Jachter and Binyamin Jachter (’17)
Considerable confusion reigns regarding the topics of Pei'ot and the use of Electric Shavers. [1] We often hear community rabbis offering guidance regarding Pei'ot and electric shavers, yet we see varying practices among observant Jews.
My son Binyamin[2] and I set out in the isolation of Pesach 5780/2020 to clarify the differing views and set forth what constitutes baseline/accepted Halacha and what is a Chumra (stringency). We
do not intend to thoroughly review these two topics,[3] but rather focus on the issues that observant Jews most often encounter. [4]
The Torah (Vayikra 19:27) states, “Lo Takifu Pe’at Roshechem,” prohibiting a Jewish male from rounding out the corners, Pei'ot, of his head. We will begin by focusing on two major issues regarding the prohibition to round one’s Pei'ot[5] – how far they must extend[6] and how much hair must be left. We will also explain the Chassidic practice to refrain from ever cutting the Pei'ot.
How Far Must Pei'ot Extend?
Rav Aryeh Lebowitz cogently notes that:
The lowest point of the peyos ha’rosh is subject to much debate, and indicates a variance between the mimetic and written traditions. Whereas the conventional wisdom is that peyos only need to extend as low as “the bone”, the written tradition seems to suggest otherwise.
We endeavor to show that the mimetic tradition is well supported by great Halachic authorities and a careful examination of authoritative Halachic sources.
The debate about this matter stems from a difficult to decipher passage in the Shulchan Aruch: “the Shi’ur of Pe’ah extends until below the ear at the place where the jaw begins” (Yoreh De’ah 181:9). The problem is that the jaw begins at the bone located at the middle of the ear and not below the ear. Thus, the question emerges as to whether the Pei'ot must extend to the bottom of the ear or to just to the bone. Three major opinions have emerged.
Three Major Opinions
The Mishna Berurah (Bi’ur Halacha 251 s.v. Afilu MiSapar Yisrael) insists that the Pei'ot extend to the bottom of the ear. He decries those whose Pei'ot are shorter. Talmidim of Yeshivat Har Etzion and Yeshiva University are quite aware that Rav Aharon Lichtenstein maintained his Pei'ot to the bottom of his ears. His son Rav Moshe maintains this tradition. Rav Zvi Sobolofsky also wears his Pei'ot to the bottom of his ears.
Rav Hershel Schachter is fond of quoting Teshuvot Imrei Yosher (2:183; Imrei Yosher was written by Rav Meir Arik, the Rav of Tarnow, Galicia[7]) who adopts a compromise view regarding this matter. Rav Meir Arik rules that the Pe’ah must extend only until the bottom of the cartilage portion of the ear (i.e. until the earlobe begins). The Imrei Yosher arrives at this conclusion based on the Gemara’s (Kiddushin 21b), teaching that the Eved Ivri who wishes to extend his term has his ear pierced only in the cartilage portion of the ear. Rav Arik concludes that only the cartilage portion of the ear is defined as the ear for Halachic purposes. Thus, when the Shulchan Aruch mentions the bottom of the ear it refers to the bottom of the cartilage portion of the ear. Rav Hershel Schachter follows this view and Rav Aryeh Lebowitz, an ardent follower of Rav Schachter, acts in accordance with this view. Teshuvot Avnei Yashfe (2:68) cites Rav Yosef Shalom Eliashiv who rules that the baseline Halacha accords with the Imrei Yosher but that it is proper to extend the Pei'ot to the bottom of the ear.
The most lenient and popular view is that the hair should extend to the bone. This view is formally expounded by Rav Aryeh Tzvi Frimmer (Teshuvot Eretz Tzvi number three; Rav Frimmer is known as the Kozhiglover Rav). It is reported that Rav Moshe Feinstein[8] and Rav Yaakov Kaminetzky[9] endorsed this view. Rav Yisrael Belsky supports this view by pointing out that the consistency of the hair on the head is different from the consistency of the hair of the beard. The consistency changes at the end of the Pei'ot HaRosh which is the bone located next to the middle of the ear.
Binyamin Jachter notes that common sense dictates that the bone on the side of the ear is the proper Pei'ot location since this is where the Rosh ends and the face begins. The Torah specifically prohibits rounding the corners of the head. The popularity of this view both among laymen and congregational rabbis[10] reflects not only its sensibility but even its representing the ancient tradition possibly dating to Sinai.[11]
Most significantly, the Chochmat Adam (79:16) appears to endorse the popular view. He describes the lowest point of the Pei'ot as the place where the head connects to the jaw, adjacent to the ear. For the Chochmat Adam, the place of connection between head and jaw is primary. He does not mention, in contrast to the Shulchan Aruch, that the Pei'ot must extend to the bottom of the ear. Rather, he notes that the ear is located near the connecting point of the head and jaw. The common practice stems from the authoritative voice of the Chochmat Adam. Alternatively, the Chochmat Adam stems from the common practice.
A careful examination of the Beit Yosef to Yoreh Deah 181 supports the Chochmat Adam. The Beit Yosef, at the beginning of his discussion of Pei'ot (s.v. UFei’ot HaRosh), presents the lowest point of the Pe’ah as the place where the jaw meets the head. Only at the end of his discussion of Pei'ot (s.v. VeNireh) does he employ the language that he uses in the Shulchan Aruch of the bottom of the ear, the point of connection between the head and the jaw. The Beit Yosef’s primary standard is the meeting place of the head and jaw.
Bottom Line Regarding How Far Pei'ot Must Extend
Common practice in the Orthodox community is for men to extend their Pei'ot until the bone. Some Rabbanim are strict to extend it until the top of the earlobe and several Rabbanim extend it to the bottom of the ear.
Trimming the Pei'ot
Now we must clarify to what extent we may trim the Pei’ot. The Shulchan Aruch (ad. loc.) writes that the area of the Pei'ot should be left untouched (“Lo Tiga Bo Yad”). What does this mean? Many Chassidim interpret it literally and therefore do not trim their Pei'ot.[12] Baseline Halacha, however, permits trimming the Pei'ot. [13] The question is how far they may be trimmed.
Rambam (Hilchot Avodah Zarah 12:6) rules that it is forbidden only to use only a razor to trim the Pei'ot. According to the Rambam, one may trim the Pei'ot with a “Misprayim KeEin Ta’ar” with scissors that cut as close or nearly as close as a blade. The Tosefta (Makkot 3:7) supports the Rambam’s view. Tosafot (Shavu’ot 2b s.v. Chayav) disagrees and forbids using even a Misparayim Keein Ta’ar on the Pei'ot. [14] According to Tosafot one should trim the Pei'ot only as far as scissors can cut.
The Shulchan Aruch (Yoreh De’ah 181:2) cites both opinions. Rambam’s opinion is presented as the primary opinion and Tosafot is relegated to the secondary view. Normally, the Halacha accords with the primary view presented in the Shulchan Aruch. However, the Shulchan Aruch adds that one should be concerned with Tosafot’s view. [15]
While the Shulchan Aruch does not fully embrace the view of Tosafot, it does register a partial endorsement of their view. None of the commentaries to the Shulchan Aruch challenge this view and the Chochmat Adam (89:16) follows this view. Common practice accords with this view, as observant Jewish men do not trim their Pei'ot with electric shavers. The Chochmat Adam supports Tosafot arguing that the Torah prohibits rounding the Pei'ot in contrast to its prohibiting us to destroy the corners of the Zaken.
The question remains, though, how short may one trim the hair. This matter is disputed by the later Acharonim. The Darchei Teshuva[16] (181:16) cites the Chatam Sofer who rules that the hair of the Pei'ot should be as long enough to fold it over, “Lakuf Roshan Al Ikaran”.
The Chatam Sofer’s view is supported by Niddah 52b. Here is the relevant section (translation from the William Davidson Edition of the Talmud with slight emendations):
מתני׳ שתי שערות האמורות בפרה ובנגעים והאמורות בכל מקום כדי לכוף ראשן לעיקרן דברי רבי ישמעאל ר"א אומר כדי לקרוץ בציפורן ר' עקיבא אומר כדי שיהו ניטלות בזוג
MISHNA: The two white or black hairs that are mentioned with regard to disqualification of a red heifer; and the two white hairs mentioned with regard to leprous marks, i.e., that if they grow within a white leprous mark, it is impure; and the two hairs that are mentioned in every place, i.e., with regard to a young boy and girl, are significant only if they are long enough to bend the top of the hairs to reach their roots (Lakuf Roshan Al Akiran). This is the statement of Rabbi Yishmael. Rabbi Eliezer says: They must be long enough to discern them with a fingernail. [17]Rabbi Akiva says: They must be long enough to be cut with a pair [bezug] of scissors.
גמ׳ אמר רב חסדא אמר מר עוקבא הלכה כדברי כולן להחמיר
GEMARA: Rav Ḥisda says that Mar Ukva says with regard to the various opinions in the mishna on the measure of hairs: The halakha is in accordance with the statements of all of them to be stringent. One should consider it hair only if all of the criteria are met, or consider it to be hair if any one condition is met, depending on which standard yields the more stringent result.
The Gemara concludes that we follow the standard that leads to a strict result. In regards to trimming hair, the view of Rabbi Eliezer brings us to a stringent result and thus should be followed. Accordingly, this Gemara leads us to conclude that men should not trim their Pei'ot to the point that the hair cannot be bent over.
However, Rav Moshe Soloveitchik (cited by Rav Hershel Schachter in Nefesh HaRav page 234) rules that it suffices for the Pei'ot to be long enough to be detected by a fingernail. The aforementioned Bi’ur Halacha shares this view and permits trimming the Pei'ot as long as some significant amount of hair remains. The Chochmat Adam (79:16) subscribes to this view as well.
These authorities believe that the conclusion of Niddah 52b is not relevant to Pei'ot. The Torah forbids rounding the Pei'ot, which the Gemara (Makkot 20b) describes as “HaMashveh Tze’adav Le’Achorei Ozno UlPachdachto”(one who levels the hairline on his temple to the hairline behind his ear and the forehead). As long as one leaves some hair he is not rounding his Pei'ot/leveling the hairline.
Conclusion – Trimming Pei'ot
Baseline Halacha permits trimming the Pei'ot as long as some significant amount remains. Rav Baruch Simon[18] rightfully characterizes the Chatam Sofer’s stricter view as a Chumra (stringency).[19] The common practice in the Orthodox community accords with this view.[20]
Rav Schachter told Binyamin Jachter that at least some stubble must remain in the Pei'ot [21] but that it is better to satisfy the strict opinion. Rav Schachter advised Binyamin to use no less than a “one and a half” setting to leave enough hair that can be folded over. Rav Yisroel Belsky (Shulchan HaLevi page 122), though, recommends using a number two extension on a trimmer to satisfy the strict view. [22]
Binyamin Jachter believes that when used with the grain a one and a half setting suffices but when cutting against the grain a number two extension is necessary to satisfy the stricter opinion. He believes that a half setting is the lowest setting to satisfy the lenient view.
Summary of Pei'ot Prohibition
Baseline Halacha permits trimming Pei'ot with even a half an inch trimmer setting. We may not trim the hair lower in the entire Pei'ot area.[23] It is preferable to refrain from using lower than a number two setting. Baseline Halachah requires extending the Pei'ot only to the bone[24] on the side of the ear. Some scrupulous individuals prefer to extend the Pei'ot to the top of the earlobe and some even extend it to the bottom of the earlobe.
[1] Sadly, the definitive voice of the Aruch HaShulchan is missing from this discussion, as his writings on this portion of the Shulchan Aruch are not extant.
2 Binyamin served as a “Yeshiva barber” during his two years of learning at Yeshivat Shaalvim and continues now at Yeshiva University. His experience cutting hair, keen Torah analytic skills and considerable Yirat Shamayim position him well to comment on this important topic.
3 For such a review, see Rav Baruch Simon’s magisterial fifteen a part series on these topics, which is archived at www.yutorah.org.
In regards to this issue, there does not appear to be any difference, for the most part between Sephardic and Ashkenazic tradition. However, we will take note as to what Sephardic authorities set forth in regard to these matters.
4 A thorough review of the topic of Pei'ot by Rav Aryeh Lebowitz is found at https://www.yutorah.org/lectures/lecture.cfm/735346/rabbi-aryeh-lebowitz/halachos-of-peyos-harosh/
5 In regards to how high Pei’ot must be, Rav Lebowitz writes “Rav Yisroel Belsky (Shulchan Halevi page 122) writes that he had heard directly from Rav Yaakov Kaminetzky that the upper limit of the peyos ha’rosh begins ‘at the highest point of the hairline as it arches over the ear and extends in a slightly curved line across to where the hairline of the forehead turns sharply downwards towards the sideburns. All the hair from the imaginary line that connect these two points and below comprises the peyos ha’rosh.’ Rav Belsky also quotes that “some rabbonim have a mesora, a tradition from their Rabbis, that the peyos do not extend above the upper cartilage of the ear (tenuch ha’ozen) at all. According to their Mesorah, the imaginary line extends horizontally from the point in the hairline above the foremost part of the ear almost until where the downward slope of the frontal hairline angles back towards the ear.”
6 In regards to how high Pei’ot must be, Rav Lebowitz writes “Rav Yisroel Belsky (Shulchan Halevi page 122) writes that he had heard directly from Rav Yaakov Kaminetzky that the upper limit of the peyos ha’rosh begins ‘at the highest point of the hairline as it arches over the ear and extends in a slightly curved line across to where the hairline of the forehead turns sharply downwards towards the sideburns. All the hair from the imaginary line that connect these two points and below comprises the peyos ha’rosh.’ Rav Belsky also quotes that “some rabbonim have a mesora, a tradition from their Rabbis, that the peyos do not extend above the upper cartilage of the ear (tenuch ha’ozen) at all. According to their Mesorah, the imaginary line extends horizontally from the point in the hairline above the foremost part of the ear almost until where the downward slope of the frontal hairline angles back towards the ear.”
[8] In regards to how high Pei’ot must be, Rav Lebowitz writes “Rav Yisroel Belsky (Shulchan Halevi page 122) writes that he had heard directly from Rav Yaakov Kaminetzky that the upper limit of the peyos ha’rosh begins ‘at the highest point of the hairline as it arches over the ear and extends in a slightly curved line across to where the hairline of the forehead turns sharply downwards towards the sideburns. All the hair from the imaginary line that connect these two points and below comprises the peyos ha’rosh.’ Rav Belsky also quotes that “some rabbonim have a mesora, a tradition from their Rabbis, that the peyos do not extend above the upper cartilage of the ear (tenuch ha’ozen) at all. According to their Mesorah, the imaginary line extends horizontally from the point in the hairline above the foremost part of the ear almost until where the downward slope of the frontal hairline angles back towards the ear.”
[9] Rav Aryeh Lebowitz (https://www.yutorah.org/lectures/lecture.cfm/738351/rabbi-aryeh-lebowitz/ten-minute-halacha-peyos/) reports that Rav J. David Bleich discussed this with Rav Yaakov. Rav Bleich recounts that Rav Yaakov identified the place by pointing to one of the Yeshiva’s Rebbeim whose facial hair was a different color than his facial hair. Rav Yaakov commented that the lowest point of the Pe’ah is the place where one notes the change in color of the hair. The change in color of hair perfectly illustrates where the Rosh ends and the Zaken begins.
[10] This is the view most Orthodox congregational rabbis have been espousing for decades.
[11] Interestingly, Rav Yitzchak Yosef’s Yalkut Yosef (the most authoritative contemporary compendium of Sephardic Halacha) does not clearly and directly address this matter.
[12] Chassidic practice is also rooted in the Maharshal (Yam Shel Shlomo, Yevamot 12:18) who writes that since the exact length of the Pei'ot is not stated in the Gemara or Rishonim, it is best to be strict and never to cut them even with scissors.
[13] The Beit Yosef (s.v. VeNireh) supports this reading. He explicitly states “Lo Tiga Bo Yad” with a razor or even a Misparayim Ke’Ein Ta’ar.
[14] Tosafot believe the Tosefta forbids even a Misparayim Ke’Ein Ta’ar.
[15] See Rabbi Akiva Eiger’s Gilyon HaShas to Shevu’ot 2b and Pitchei Teshuva (Yoreh De’ah 181:3) citing Teshuvot Chatam Sofer (139) regarding the permissibility of combing the hair of one’s Pei'ot. The Chatam Sofer notes that even leading rabbis comb their Pei'ot.
[16] The Darchei Teshuva is an authoritative work on Yoreh De’ah written by the Munkatcher Rav. My mother’s first cousin Rav Yosef Singer told me that the Munkatcher Rav brought the Darkei Teshuva to my great grandfather Rav Gershon Adler for a pre-publication peer review. My great grandfather read it and exclaimed that this work will be a standard feature in the home of every Moreh Hora’ah. My great grandfather’s prediction has certainly materialized.
[17] This translation is based on Teshuvot Chelkat Yaakov (Yoreh De’ah 90).
[18] Part four of his magisterial fifteen part series of Shiurim on Pei'ot and electric shavers, archived at www.yutorah.org.
[19] Rav Aharon Marcus, in his magnificent compendium Halacha 24/7/12 (page 397), presents these two views as bearing equal weight (“some say” and “others say”). We argue that the lenient view is primary and the stricter view merely preferable. Rav Aryeh Lebowitz (https://www.yutorah.org/lectures/lecture.cfm/738351/rabbi-aryeh-lebowitz/ten-minute-halacha-peyos/) concludes that Bnei Torah should adhere to the stricter view.
[20] Rav Shmuel Khoshkermann (Minchat Shemuel 1:207) cites an unpublished responsum from Rav Ovadia Yosef that rules that one must leave sufficient hair on the Pei'ot to be able “Lakuf Roshan Al Ikaran”. Interestingly, Yalkut Yosef does not mention this ruling in Yalkut Yosef Yoreh De’ah 181 and does not clarify how much hair must be left on the Pei'ot.
[21] This is of critical importance for those who trim their hair exceedingly low. Binyamin Jachter believes that a “one half” is the lowest setting for at least some stubble to remain in the Pei'ot from top to bottom.
[22] When Binyamin trims my Pei'ot he uses the following clever approach. I prefer my beard shaved using a one setting and my hair with a three setting. Binyamin trims the Pei'ot to the bone using a two setting which satisfies Rav Belsky’s views, to the bottom of the cartilage portion of the ear with a one and a half setting to fit Rav Schachter’s views and a one setting to the bottom of the ear to accommodate the views of the Mishnah Berurah.
[23] Rav Aryeh Lebowitz https://www.yutorah.org/lectures/lecture.cfm/735346/rabbi-aryeh-lebowitz/halachos-of-peyos-harosh/ clarifies, though, that stray hairs may be removed from the Pei'ot area. This assertion reflects common practice.
[24] Many ask whether the Pei'ot should extend to the top of the bone or the bottom of the bone. It is difficult to resolve this question – it is an Ad Ve’Ad Bichlal or Ad VeLo Ad Bichlal type of quandary. It seems one should be strict and extend the Pei'ot to the bottom of the bone since it is a Safek about a Torah law. Indeed, the Beit Yosef resolves a number of difficult to resolve Pei'ot disputes to the strict side and we should follow in his footsteps (especially since this is easy to be strict about this). Binyamin Jachter agrees, noting that the texture of the hair changes at the bottom of the bone.