Mourning Customs of the Omer on Yom HaAtzmaut

BY RABBI YOSEF ZVI RIMON
Are the mourning customs of the Omer observed on Yom HaAtzmaut?
There are different customs regarding which days of the Omer the mourning practices apply. According to all opinions, the 5th of Iyar – Yom HaAtzmaut – is one of the days on which mourning customs should be observed. The mourning customs include prohibitions on weddings, haircuts, dancing, and listening to music. Are these things permitted on Yom HaAtzmaut?
Shaving on Yom HaAtzmaut
Regarding mourning customs during the Omer, it has been established that when there is a joyous event during the Omer counting, such as a circumcision or sheva berachot, the celebrant is permitted to shave (Rema 493:2). The reason for this is that for the celebrant, this day is a holiday (see Shulchan Aruch, Orach Chaim 559:9), and therefore mourning customs do not apply.
In light of this, we can learn a kal vachomer – that on a day which is inherently a holiday, like Yom HaAtzmaut, it is permitted to shave (Rabbi Yitzchak Nissim, Responsa Yayin HaTov, Vol. 2, Orach Chaim, Ch. 11; Rabbi Avraham Shapira, cited in the book of the Chief Rabbinate, p. 878, note 83).
Perhaps we can add a novel idea: Some say that Rabbi Akiva’s students, whose deaths are the reason we observe mourning customs, died during the Bar Kochba revolt (Rabbi Moshe Zvi Neria, Emunat Itecha 41, p. 5). In other words, Rabbi Akiva’s students died while attempting to establish a state – something that did not succeed due to the lack of unity among them. According to this, the entire purpose of mourning is over their failure to establish a state. Therefore, it can be said that on the day we succeeded in establishing a state – the mourning customs do not apply!
In practice, since Yom HaAtzmaut is a day of joy, the mourning customs of the Omer are not observed on it, and it is permitted to shave on this day. One may shave even from the day before, as part of the preparations for Yom HaAtzmaut. Similarly, dancing and music are permitted on this day.
Weddings on Yom HaAtzmaut
According to Rabbi Yitzchak Nissim, since Yom HaAtzmaut is a day on which a miracle occurred and mourning customs are suspended, it is permitted to marry on this day. However, Responsa Yaskil Avdi (Vol. 6, Ch. 10, Section 2, letters 7–8) rules to prohibit this, because in his opinion, the main miracle was not in the declaration of the State but on the day of the ceasefire at the end of the war, or on the day of the UN decision. Rabbi Unterman (Responsa Shevet MiYehuda, Vol. 2, Orach Chaim, Ch. 60) also ruled this way, relating that he consulted with the Chazon Ish and tried to convince him to permit weddings on Yom HaAtzmaut, but he was unsuccessful.
In practice, most have the custom not to get married on Yom HaAtzmaut, despite the fact that, as mentioned, they are lenient regarding other mourning customs in honor of Yom HaAtzmaut.
Yom HaAtzmaut not on its original date
In most years, Yom HaAtzmaut is not celebrated on the 5th of Iyar but near it, in order to avoid Shabbat desecration during Yom HaAtzmaut ceremonies and celebrations. This is an exalted expression of the State’s independence and an enormous sanctification of G-d’s name. Every country in the world has a fixed date for its Independence Day, and no country postpones its Independence Day due to religious concerns. Only in the State of Israel is there no fixed date for Yom HaAtzmaut; rather, it changes according to concerns about Shabbat desecration. This is true independence – an Independence Day determined by the kingdom of Israel, an Independence Day set in accordance with Shabbat observance.
Therefore, each year Yom HaAtzmaut should be celebrated on the day established by law to celebrate it in order to prevent Shabbat desecration, and this is the primary date in that year. This is the day on which Hallel is recited, and this is the day on which shaving is permitted and mourning customs of the Omer are not observed.
Rabbi Yosef Zvi Rimon is the Nasi of World Mizrachi. He is the Founder and Chairman of Sulamot and La’Ofek, and serves as the Chief Rabbi of Gush Etzion, and Rosh Yeshivah of the Jerusalem College of Technology.