Halakhah su Levitico 21:5

R. Landau's lenient ruling with regard to shaving apparently gained wide acceptance in his own city of Prague. In volume II, Oraḥ Hayyim, no. 101, Noda bi-Yehudah reports that he caused the Jewish barbers of his city to take a solemn oath not to shave their clients with a razor, as this is prohibited by Leviticus 21 :5. However, during the festivals many Jews, finding the Jewish barber shops closed, were wont surreptitiously to patronize gentile barbers. Of course these barbers did utilize razors as shaving implements. As documented in this responsum and in the one previous, no. 100, it was this breach in observance of Jewish law which Noda bi-Yehudah sought to repair by permitting Jewish barbers (at least those who were poor) to keep their establishments open during the intermediate days of the festival.

It is the prohibition that the entire tribe of Levi was also prohibited from taking a portion in the booty, when [the Jews] conquered the Land [of Israel]. And that is His, may He be exalted, saying, "The priests the Levites, all the tribe of Levi, shall have no part or inheritance" (Deuteronomy 18:1). And the language of the Sifrei (Sifrei Devarim 163:2-3) is, "'No part' - in the booty. 'Or inheritance' - in the land." Yet you are able to challenge me and ask, "Why did you list these matters as two commandments, for they are a prohibition about taking a portion in the spoil and the territory of the land, and both of them are within one negative statement?" You, the questioner, should know that this negative statement has already been divided by His saying, "The priests the Levites, all the tribe of Levi, shall have no part" - and that is the prohibition about the taking of the booty of the city. Whereas the second is, "And they shall have no inheritance" (Deuteronomy 18:2) - and that is the prohibition about the taking of a portion in the land. And the prohibition of these very two matters has already been repeated to the priests - and that is His saying to Aharon, "You will have no inheritance in their land," at the time of division of the land; "and you will not have a share among them," in the booty. And maybe you would think that these two laws of the priests are two [additional] commandments, such that it is fitting to count them. [However] know that when the prohibition comes to the whole tribe of Levi, the priests have surely already been included. Rather it was repeated with the priests to strengthen [it]. And likewise [with] anything similar to this of general categories and specific items - it is indeed repeated to strengthen [it] or to round out the law when it would not have been complete from [only] one prohibition. However if we were to count His saying to Aharon, "You will have no inheritance in their land," as an addition to that which He said, "The priests the Levites, all the tribe of Levi, shall have no" - you would surely be obligated according to this very comparison to count the divorcee, the desecrated woman and the zonah to the high priest as three negative commandments besides the three negative commandments that came from the general category of priests, whether a high [priest] or an ordinary [one]. And if one would say that those are also appropriate to be counted - behold we would say to him that perforce the high priest with a divorcee would be liable twice: Once on account of [being] a priest, and a divorcee is forbidden to him; and secondly on account of [being] a high priest, since she is also forbidden to him with a different negative statement. Yet it has already been explained in Kiddushin (Kiddushin 77a) that he is only liable once. Behold it has been confirmed that a prohibition that is within a general category is the only one to be counted; and that a prohibition which appears about that very content for the individual item - it is in fact only to teach one of the regulations or to round out the law, as I explained in Commandment 165 of these (positive) commandments. And from this very category is the prohibition in which He prohibited the priests, "They shall not make baldness on their heads [...]" (Leviticus 21:5). And all of Israel as a general category had already been prohibited with these three negative commandments already when He said, "You shall not round off the corners of your head" (Leviticus 19:27); "you shall not gash yourselves" (Deuteronomy 14:1); and "lacerations for the dead" (Leviticus 19:28). So it was actually repeated for the priests just to round out the law - as it is explained at the end of Makkot (Makkot 20a), when they explained the regulations of these three commandments. But were they negative commandments specifically for the priests and were not to round out the law - but rather commandments themselves - the priest would have been liable two [sets of] lashes for each such act, due to his being an Israelite, and due to his being a priest (respectively). But the matter is not like this. Rather there is one [set of] lashes, like [for] other Israelites, as is explained in its place. And understand this. (See Parashat Shoftim; Mishneh Torah, Sabbatical Year and the Jubilee 13.)

He prohibited us from making a bald spot on the head for the dead, as is done by the fools. And that is His saying, "nor make any baldness" (Deuteronomy 14:1). And this prohibition was repeated for the priest with His saying, "They shall not make baldness, etc." (Leviticus 21:5) - to round out this law: As from His saying, "between the eyes," we could have said that it would only be forbidden when one makes himself bald on his head near his forehead. And so He explained and said (in the other verse), "on their heads" - to make liable [for anywhere] on the head, like [he is for] between the eyes. Yet also if He [had only] said, "They shall not make baldness on their heads," we would have [then] said whether for the dead or not for the dead. So He already explained [in Deuteronomy], "for the dead." Thus anyone who makes a bald spot the size of a barley seed specifically for the dead is lashed. Whether he is an Israelite or a priest, he is lashed one [set of] lashes for each and every bald spot. And likewise that which He repeated with the priests - "neither shall they shave off the corner of their beard, etc." - certainly came to round out the law of the commandment, as is explained in Makkot (Makkot 21a). (See Parashat Re'eh; Mishneh Torah, Foreign Worship and Customs of the Nations 12.)