New Hampshire – Court: ¼-Inch Prison Shaving Does Not Violate Religious Liberty

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    New Hampshire – A prison policy requiring inmates to be clean-shaven does not violate the religious liberty of a former prison inmate who claimed the policy substantially burdened the practice of his faith as an Orthodox Jew.

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    The state Department of Corrections contended that the policy furthered various interests, including security, safety and hygiene. The policy did allow inmates to request a waiver for medical or religious reasons:

    “Shaving waivers: Inmates declaring membership in recognized faith groups, and demonstrating a sincerely held religious belief in which the growing of facial hair is of religious significance may request a shaving waiver. If approved, the shaving waiver allows an inmate to maintain a ¼-inch neatly trimmed beard.”

    Inmate Albert Kuperman sued in federal court, contending that a ¼-inch waiver was not enough for him to practice his faith as an Orthodox Jew, as adherents of his religion wear full beards. He sued under both the First Amendment free-exercise clause and the federal statute known as the Religious Land Use and Institutionalized Persons Act (RLUIPA).

    A federal district court granted summary judgment to prison officials in August 2010. Kuperman then appealed to the 1st U.S. Circuit Court of Appeals. A three-judge panel unanimously ruled in favor of prison officials in its July opinion in Kuperman v. Wrenn.


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    30 Comments
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    shredready
    shredready
    12 years ago

    the lawsuit is BS

    you can be just as frum with a small beard and there is no halacha reason why a 1/4 inch beard is not good enough

    prison should not cater to chumras or extras.

    If he feels it was so important he had enough time in prison to do tusvah and think why he cannot have a full beard now

    Kuperman is serving 31/2 to 7 years behind bars for sexually molesting a minor in 2002. He is eligible for parole in January.

    Please let us not have a bunch of people who support his lawsuite

    a good thing

    jewishtaliban
    jewishtaliban
    12 years ago

    Sicko!! Don’t do the crime if your so “jewish”

    Sociologist
    Sociologist
    12 years ago

    Plently of men who are shomrei Torah u’mitzvot are clean shaven (albeit not with a razor). As long as the allow shaving with an electric razor or triming the beard with an electric clipper this should pose now Halachic issues.

    BTW, when I was in the US military one had to shave daily with a razor. There was no way around that one (dinah d’malchutah dinah) but I did get around shaving on Shabbat on religious grounds.

    Darth_Zeidah
    Darth_Zeidah
    12 years ago

    I don’t understand this. The man has completed his sentence, so what’s his gripe?

    Ahh! Oh yes: c o m p e n s a t i o n !

    Member
    12 years ago

    This suit had merit. This fellow should not be stricken from religious liberties just because he is a convicted felon.
    And as for having a full true beard, that has a religious benefit as that is how Our G-d Created us to appear. This person is being denied his constitutional liberties in prison and this deserves to be overturned.

    Member
    12 years ago

    What happens to the wrongly convicted Jew who has to serve time in prison and has to cut his beard? Is his liberty being defended? I have a full beard myself and I would not wish to trim it because of the holocaust of the wicked.

    Normal
    Normal
    12 years ago

    He should have thought of that before he did the crime.

    basmelech
    basmelech
    12 years ago

    My father was in the army and when he shaved he used a depilatory cream which does not contradict halacha. I don’t see why a religious Jew in the army has to use a razor, which is clearly against the Torah.

    jacob
    jacob
    12 years ago

    Lets try to stick up or the frum yid that would like to keep his frumkite in jail. Just because there is a heter for shaving according to “some” does not make it the best way to keep mitzvos. If they shved Sholom Mordichai Rubashkin’s beard, he would be defistated.

    Yonason_Herschlag
    Yonason_Herschlag
    12 years ago

    The Chaffetz Chaim wrote a sefer “Tifferes Odom”, in which he describes going clean shaven as a chillel Hashem shayn kamohoo. He elaborates on several biblical commandments that are violated by shaving, and he also brings the importance of not trimming the beard at all (based on Kabala).

    Member
    12 years ago

    There is not command to grow uber long peyos. Jew are encouraged to cut their hair. The commandment is not to round the edges of your scalp and has been the tradition, jews have grown long peyos to show that they observe this mitzvah. As for me, my side curls are about 5-6 inches or so and that way I am certain I am observant though I need not be outrageously observant for my way of life.
    That said, a beard is different. The torah actually says that you will not touch the corners of your beard. Interrpret it any way you want and do what you want, I will never trim my beard as long as I am permitted. Why? Because G-d made man in his image and that is with a beard. And I like the way it looks.
    But you can shave yoru beard and all that if you want. No one is going to say otherwise right?
    Your argument about sweat is foolish.

    Reb Yid
    Reb Yid
    12 years ago

    So let’s get back on topic. The question was about a 1/4-inch beard, not shaving. Trimming the beard is mutar lechol hadeios, except for kabbalistic reasons, zohar, etc. Even those who say it’s better for a yid never to cut his beard, don’t hold that it’s ossur. If you want a completely one-sided view of the issue, see the sefer Hadras Ponim Zokein mentioned above; if you want know the halacha, look at shulchan oruch and poskim.

    tehillim_119_72
    tehillim_119_72
    12 years ago

    the radak says in shemuel says that people were clean shaven in his times
    many Italian rabbniem were clean shaven
    that said the chasam sofer’s pshat in the germara is the most mistavra to me

    wollenberg
    wollenberg
    12 years ago

    to #3 it is not for me to judge but I am slightly confused as there *are* frum yidden in the military and I can’t believe they are all forced to shave with a razor. Maybe you should have stood your ground?

    Yoav1
    Yoav1
    12 years ago

    In the hakdomo to cheilek ches of the Igros Moshe, it says that Hadras Ponim Zokon was the only halocho sefer Reb Moshe refused to give a haskomo to (it was so biased). That should tell you something.