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Chatzitza: Difference between revisions
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# Additionally, something which the woman doesn't care about leaving but covers a majority of her body or hair<ref>The Rambam (Mikvaot 2:15) records a dispute he had with the Geonim whether the hair is judged as an independent part of the body for the purposes of considering a chatzitza. The Geonim held the hair is considered separate and the Rambam includes hair together with the body. Shulchan Aruch 198:5 is strict for the Geonim. </ref> is considered a chatzitza.<ref>Niddah 67b, Shulchan Aruch YD 198:1</ref> | # Additionally, something which the woman doesn't care about leaving but covers a majority of her body or hair<ref>The Rambam (Mikvaot 2:15) records a dispute he had with the Geonim whether the hair is judged as an independent part of the body for the purposes of considering a chatzitza. The Geonim held the hair is considered separate and the Rambam includes hair together with the body. Shulchan Aruch 198:5 is strict for the Geonim. </ref> is considered a chatzitza.<ref>Niddah 67b, Shulchan Aruch YD 198:1</ref> | ||
# According to Ashkenazim, initially a woman may not have any chatzitza even if it only covers a minority of the body and she doesn't care if it remains there.<Ref>Rama 198:1 rules that initially a woman have not have any chatzitza even if it covers only a minority of the body and she doesn't care if it remains there. The Hagahot Shaarei Dura (which the Darkei Moshe 198:2 cites as the source for this halacha) writes that initially a woman shouldn't wear a netting that water could go through because of the case where the hat is thicker. The Sidrei Tahara 198:6 comments that the opinion of the Hagahot Shaarei Dura is more strict than the gemara but necessary should be followed. See also the Meiri (Bet Habechira Eruvin 4a) who preceded in Rama in his stringency and he explains (Chiddushim Eruvin 4a) that it is because usually people are concerned about every small chatzitza. Rav Ovadia Yosef in Taharat Habayit v. 3 p. 5 rules that for Sephardim the opinion of the Rama on this matter isn't binding. </ref> | # According to Ashkenazim, initially a woman may not have any chatzitza even if it only covers a minority of the body and she doesn't care if it remains there.<Ref>Rama 198:1 rules that initially a woman have not have any chatzitza even if it covers only a minority of the body and she doesn't care if it remains there. The Hagahot Shaarei Dura (which the Darkei Moshe 198:2 cites as the source for this halacha) writes that initially a woman shouldn't wear a netting that water could go through because of the case where the hat is thicker. The Sidrei Tahara 198:6 comments that the opinion of the Hagahot Shaarei Dura is more strict than the gemara but necessary should be followed. See also the Meiri (Bet Habechira Eruvin 4a) who preceded in Rama in his stringency and he explains (Chiddushim Eruvin 4a) that it is because usually people are concerned about every small chatzitza. Rav Ovadia Yosef in Taharat Habayit v. 3 p. 5 rules that for Sephardim the opinion of the Rama on this matter isn't binding. </ref> | ||
# | # After the fact, if a woman went to the mikveh wearing very loose clothing the tevilah is effective.<ref>Shulchan Aruch YD 198:46, Shach 198:56</ref> | ||
# Mucus from the eye (rheum) is a chatzitza if it is outside of the eye or inside the eye and dried so that it started to turn green. However, if it is inside the eye and moist it isn't a chatzitza.<ref>Gemara Niddah 67a, Tosfot Niddah 67a s.v. lifluf, Shulchan Aruch YD 198:7. See, however, the Rosh (Mikvaot no. 25) who holds moist mucus isn't a chatzitza even outside the eye.</ref> | # Mucus from the eye (rheum) is a chatzitza if it is outside of the eye or inside the eye and dried so that it started to turn green. However, if it is inside the eye and moist it isn't a chatzitza.<ref>Gemara Niddah 67a, Tosfot Niddah 67a s.v. lifluf, Shulchan Aruch YD 198:7. See, however, the Rosh (Mikvaot no. 25) who holds moist mucus isn't a chatzitza even outside the eye.</ref> | ||
# Ink, milk, honey, and blood aren't chatzitzot if they are moist but are chatzitzot if they are dry.<Ref>Tosefta Mikvaot 6:5, Rosh Mikvaot no. 26, Shulchan Aruch YD 198:15</ref> Blood that congealed is a chatzitza.<Ref>Rambam (Mikvaot 2:2) writes that blood that congealed on the skin is a chatzitza. Even though the Bet Yosef cites the Smag who argues with the Rambam, the Shulchan Aruch 198:16 rules like the Rambam. See Zevachim 35a which illustrates that moist blood isn't a chatzitza.</ref> | # Ink, milk, honey, and blood aren't chatzitzot if they are moist but are chatzitzot if they are dry.<Ref>Tosefta Mikvaot 6:5, Rosh Mikvaot no. 26, Shulchan Aruch YD 198:15</ref> Blood that congealed is a chatzitza.<Ref>Rambam (Mikvaot 2:2) writes that blood that congealed on the skin is a chatzitza. Even though the Bet Yosef cites the Smag who argues with the Rambam, the Shulchan Aruch 198:16 rules like the Rambam. See Zevachim 35a which illustrates that moist blood isn't a chatzitza.</ref> | ||
===Positioning=== | ===Positioning=== | ||
# A woman shouldn’t stand up very straight or bend over too much.<ref>Shulchan Aruch YD 198:35</ref> She should lean slightly forward so that her breasts don’t lie against her chest.<ref>Chachmat Adam 121:8, The Laws of Niddah v. 2 p. 393</ref> | # A woman shouldn’t stand up very straight or bend over too much.<ref>Shulchan Aruch YD 198:35</ref> She should lean slightly forward so that her breasts don’t lie against her chest.<ref>Chachmat Adam 121:8, The Laws of Niddah v. 2 p. 393</ref> | ||
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* The Shach 198:37 requires that the hands be wet with mikveh water like the Rama YD 120:2 requires for Tevilat Kelim. Lastly, the Taz 198:27 explains that there is a machloket between the Rambam and Rashba whether if the hands were wet in advance if the grasp isn’t so tight. According to the Rambam the tevilah is effective either way and according to the Rashba it is only effective if the grasp wasn’t so tight. | * The Shach 198:37 requires that the hands be wet with mikveh water like the Rama YD 120:2 requires for Tevilat Kelim. Lastly, the Taz 198:27 explains that there is a machloket between the Rambam and Rashba whether if the hands were wet in advance if the grasp isn’t so tight. According to the Rambam the tevilah is effective either way and according to the Rashba it is only effective if the grasp wasn’t so tight. | ||
* The Shach 120:36 writes that having someone else hold on to a woman when she’s in the mikveh is only effective after the fact. The Sidrei Tahara 198:57 agrees but for another reason. Therefore, he concludes that a woman who needs support in the mikveh should have someone hold her one hand above the water and then hold her with another hand below the water, and finally adjust the hand above the water to another position below the water. This satisfies the opinion of the Taz and Rama.</ref> | * The Shach 120:36 writes that having someone else hold on to a woman when she’s in the mikveh is only effective after the fact. The Sidrei Tahara 198:57 agrees but for another reason. Therefore, he concludes that a woman who needs support in the mikveh should have someone hold her one hand above the water and then hold her with another hand below the water, and finally adjust the hand above the water to another position below the water. This satisfies the opinion of the Taz and Rama.</ref> | ||
====Mikveh Lady==== | ====Mikveh Lady==== | ||
# A woman needs to have a mikveh lady to watch her as she goes into the mikveh to water that her hair completely went under the water. If it is at night or it is impossible to have someone watch her when she’s tovel she can loosely tie a string or cloth around her hair to ensure that all of the hair goes under the water.<ref>Shulchan Aruch YD 198:40</ref> If she didn’t have anyone watching her to see the hair go under the water or didn’t tie her hair loosely then her tevilah is invalid.<ref>Pitchei Teshuva 198:22 citing Rabbi Akiva Eiger</ref> | # A woman needs to have a mikveh lady to watch her as she goes into the mikveh to water that her hair completely went under the water. If it is at night or it is impossible to have someone watch her when she’s tovel she can loosely tie a string or cloth around her hair to ensure that all of the hair goes under the water.<ref>Shulchan Aruch YD 198:40</ref> If she didn’t have anyone watching her to see the hair go under the water or didn’t tie her hair loosely then her tevilah is invalid.<ref>Pitchei Teshuva 198:22 citing Rabbi Akiva Eiger</ref> | ||
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# If a woman has an IUD inside it isn’t a chatzitza.<ref> Tzitz Eliezer 10:25:10 writes that a ring placed in the womb isn’t a chatzitza because it is deeper than where the man penetrates and is considered completely inside the body and not just a concealed area. Furthermore, they are left there for a long period of time and should be considered as though she doesn’t care. The Laws of Niddah v. 2 p. 303 quotes this regarding IUD. | # If a woman has an IUD inside it isn’t a chatzitza.<ref> Tzitz Eliezer 10:25:10 writes that a ring placed in the womb isn’t a chatzitza because it is deeper than where the man penetrates and is considered completely inside the body and not just a concealed area. Furthermore, they are left there for a long period of time and should be considered as though she doesn’t care. The Laws of Niddah v. 2 p. 303 quotes this regarding IUD. | ||
* The Pitchei Teshuva 198:16 quotes the Nodeh Beyehuda YD 64 and Zichron Yosef YD 10 who hold that a ring that is inserted deep into the body to protect the womb isn’t a chatzitza since it is considered inside the body and not a concealed area that is sometimes exposed. The Chatom Sofer 192 provides another reason why this ring isn’t a chatzitza. He explains that since it stays there all the time and is only removed for doing the hefsek tahara or giving birth doesn’t make it like she’s concerned to have it removed in the first place as it is just removed to make space.</ref> A rav should be consulted about this shaylah. | * The Pitchei Teshuva 198:16 quotes the Nodeh Beyehuda YD 64 and Zichron Yosef YD 10 who hold that a ring that is inserted deep into the body to protect the womb isn’t a chatzitza since it is considered inside the body and not a concealed area that is sometimes exposed. The Chatom Sofer 192 provides another reason why this ring isn’t a chatzitza. He explains that since it stays there all the time and is only removed for doing the hefsek tahara or giving birth doesn’t make it like she’s concerned to have it removed in the first place as it is just removed to make space.</ref> A rav should be consulted about this shaylah. | ||
===Decorative Substances=== | |||
# Jewelry such as necklaces, rings, and earrings are a chatztiza.<ref>The Tosefta Mikvaot 6:4 writes that jewelry is a chatzitza. The Rosh (Mikvaot no. 26) quotes the Raavad who explains that the reason jewelry is a chatzitza even though it adorns the body is that since when she kneads dough or the like she’ll remove it, it is considered a chatzitza even now. The Shach 198:23 quotes the Raavad. The Shulchan Aruch 198:23 writes that jewelry is a chatzitza unless it is loose.</ref> Some poskim hold that if it is loose after the fact it isn’t a chatzitza.<ref>Shulchan Aruch 198:23 writes that if the jewelry is loose it isn’t a chatzitza. This is based on the Tosefta. However, the Pitchei Teshuva 198:!3 quotes the Bet Hillel and Chamudei Doniel hold that even if the jewelry was loose it is a chatzitza. Nonetheless, the Sidrei Tahara 198:43 defends Shulchan Aruch as does the Bach (responsa 41) though he is strict by earrings. </ref> | |||
# Makeup should be removed before tevilah. <ref>The Rashba ([http://www.hebrewbooks.org/pdfpager.aspx?req=8922&st=&pgnum=401 Torat Habayit Hakatzar 32a]) writes that hair dye isn't a chatzitza for three reasons. 1) Since the women don't want to remove it it isn't considered a chatzitza if it doesn't cover a majority of the hair. 2) They actively want it there so that it becomes like part of the body. 3) As it is very thin it isn't considered an interposition between the body and the water at all. The Rashba (Meyuchasot LRamban no. 124) in a letter writes that the Ramban agreed with his opinion on this matter. The Rosh (Mikvaot no. 27), Rabbenu Yerucham (Netiv 26 ch. 5), Tur and Shulchan Aruch 198:17 agree. The Tur and Shulchan Aruch 198:17 even extend this to dye on the face as well. | |||
* The Shach 198:21 and Badei Hashulchan 198:118 hold that the primary reasons for the leniency are 2 and 3. However, the Sidrei Tahara 198:33 argues that the reason that the chatzitza is so thin and doesn't leave a residue isn't the primary reason to be lenient. | |||
* Nonetheless, The Laws of Niddah v. 2 p. 294 writes that makeup must be removed since it is routinely removed and also it would run when the woman goes in the mikveh. The Mishmeret Hatahara (Rabbi Morgenstern, v. 2 p. 371 n. 229) agrees. | |||
* Taharat Habayit v. 3 p. 29 writes that makeup should be removed but isn't chatzitza after the fact. He also mentions that tattoos aren't a chatziza.</ref> | |||
# Nail polish should be removed before tevilah. If it can't be removed the nail polish isn't a chatzitza unless it was only partially on the nail or cracked. <Ref>The Rashba (Torat Habayit Hakatzar 32b) explains that dyes on the hands are decorative and don't constitute a chatzitza. Many rishonim agree with this and it is quoted in Shulchan Aruch YD 198:17. See above for more details. However, according to Ashkenazim the nail polish has to be removed initially as the Rama 198:1 writes that all chatzitzot should be removed. | |||
* Therefore, The Laws of Niddah v. 2 p. 293 writes that the nail polish should be removed, but if it can't be removed or she was already tovel without removing the polish and it remained intact, the nail polish isn't a chatzitza. This is only true if the nail polish was in a decorative manner such as that she'd be seen publicly like that it isn't a chatzitza but if it is cracked or only on partially it is an issue. Mishmeret Hatahara (v. 2 p. 372) only accepts that it isn't a chatzitza if she always wears nail polish. | |||
* Rav Ovadia Yosef in Taharat Habayit (v. 3 p. 101) writes that the nails should be cut before tevilah, however, if a woman wants to grow them long and polish them and won't be agreeable to cut them, she should be allowed to go to the mikveh but should be told politely that the minhag is to cut the nails before tevilah.</ref> | |||
# Artificial nails should be removed before tevilah. After the fact if she went to the mikveh with the artificial nails some poskim hold that the tevilah is effective.<ref>Chut Shani 198:23, The Laws of Niddah v. 2 p. 293</ref> | |||
===Skin=== | |||
# A scab could potentially be a chatzitza and therefore if it is difficult to remove should be soaked in water so that they are softened.<Ref>The Tosefta Mikvaot 6:5 writes that dry blood is a chatzitza. The Rosh Mivaot no. 26 applies this to dry blood on a wound. Shulchan Aruch YD 198:9 codifies the Rosh. | |||
* The Mishna Mikvaot 9:2-4 explains that scabbing on the wound isn't a chatzitza but beyond the wound is a chatzitza. The Rosh (Mikvaot no. 25) compares this to a wound from bloodletting which within 3 days even beyond the wound is moist and not a chatzitza. The Rosh concludes that scabs should be softened before going to the mikveh. The Shulchan Aruch YD 198:2 follows the Rosh that softening the scabs are effective. Shiurei Tahara 198:23 s.v. gam shows that a number of rishonim hold that softening the scabs isn't effective. | |||
* The Bet Yosef 198:15 clarifies that the scab beyond the wound means if it extends past where the opening of the wound was. | |||
* [Rabbi Willig ([http://www.yutorah.org/sidebar/lecture.cfm/865540/rabbi-mordechai-i-willig/niddah-shiur-30/ Niddah shiur 30, min 15-20] holds that a scab which hasn’t healed doesn’t need to be removed and it is enough to soften them by sitting in water until they soften and scratching isn’t necessary. Similarly, The Laws of Niddah v. 2 p. 282 writes that scabs which can be removed painlessly should be removed otherwise they should be softened. Additionally, acne should not be removed as it could leave a permanent scar, instead it should be softened. Badei Hashulchan 198:78 and 198:83 writes that the practice is to remove scabs even if they hurt but if it hurts a lot they should be softened in water and if the scabs won't soften she can they aren't a chatzitza and she can go to the mikveh. | |||
* The basis for the leniency when it hurts to remove the scabs they don't constitute a chatzitza is based on the Mordechai (Shavuot 748) and Smak (no. 293) who say that if it is painful to remove the scabs they don't need to be removed since it isn't considered as though one wants them removed (makpid), though the minhag was still to remove them. The Kesav Sofer 91 explains that perhaps the minhag is based on the concern that makpid depends on the majority of people and since everyone has a different threshold for pain it is possible that others wouldn't consider it painful to remove and so it is still called makpid. The Shiurei Tahara 198:23 s.v. vetzarich lomar learns from the stringent practice of the Sar Mkusi and Maharik (cited by the Bach 198:10 and Taz 198:) that perhaps even if it is painful to remove something it is still called makpid. See however the Kesav Sofer 91 who disagrees with this proof.</ref> If one has scabs that are difficult to remove one should consult a rabbi before going to the mikveh. | |||
# Dry skin should be soaked and rubbed to remove any loose skin. Some say that women should not make it her practice to remove any hard skin with a pumice stone. <ref>The Laws of Niddah p. 349. Shiurei Shevet Halevi 198:22(4) writes that the reason why a woman shouldn't have a consistent practice to dry all hard skin is that if she does she so she must continue her practice and then if she forgets one time there is a serious question that should be asked to a rabbi. See Shevet Halevi 3:127.</ref> | |||
# If a woman has a dye or a coloration on the skin such as if she was burned it isn't a chatzitza but if she could remove it she should.<ref> The [http://www.hebrewbooks.org/pdfpager.aspx?req=1120&st=&pgnum=423&hilite= Bet Dovid YD siman 98] and [http://www.hebrewbooks.org/pdfpager.aspx?req=812&pgnum=133 Ohel Yosef siman 40] hold that a dye on the hands isn't a chatzitza if it doesn't leave any substance above the skin level (based on the Rashba cited in Shulchan Aruch 198:17). For example, they were discussing a woman whose hands were dyed because of peeling nuts and were lenient because it couldn't be removed and it didn't leave any residue. This also seems to be the opinion of the Taz 198:17 citing the Roke'ach. | |||
* Taharat Habayit v. 3 p. 28 is lenient on any coloration of the skin since it has no substance above the skin level. Nonetheless, he writes that initially it should be removed.</ref> | |||
===Hair=== | |||
# Strings tied around the hair are a chatzitza unless they are loose.<Ref>Mishna Mikvaot 9:1, Gemara Shabbat 57a, Shulchan Aruch YD 198:2</ref> However, strings tied into the hair braids are a chatzitza even if they are loose.<ref>Rosh (Shabbat 6:1), Tur and Shulchan Aruch YD 198:2</ref> | |||
# One hair tied onto another hair or itself is a chatzitza. Two or more hairs tied as though they were one string into a knot on themselves or onto another hair isn't a chatzitza.<ref>Niddah 67a rules that two hairs tied aren't a chatzitza and one hair is a chatzitza. Bet Yosef 198:5 clarifies that two hairs tied together is considered like one hair tied onto another hair. Shulchan Aruch 198:5 rules that one hair is a chatzitza and two aren't. The Badei Hashulchan 198:31 explains that the two hairs which aren't a chatzitza applies if they're tied onto another hair or themselves but not if they're tied together.</ref> | |||
# Hair lice should be removed with hot water and scratching with a nail. However, if she can’t remove them they are not a chatzitza.<ref>Shulchan Aruch YD 198:47</ref> | |||
===Nails=== | ===Nails=== | ||
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# Artificial nails should be removed but after the fact aren't a chatzitza.<ref>Orot Hatahara p. 355 citing Taharat Habayit p. 101-112 and Chut Shani p. 299</ref> | # Artificial nails should be removed but after the fact aren't a chatzitza.<ref>Orot Hatahara p. 355 citing Taharat Habayit p. 101-112 and Chut Shani p. 299</ref> | ||
=== | ===Feet=== | ||
# | # If a woman’s feet are dirty it is a chatzitza unless the mikveh is warm or she rubs off the dirt.<ref>Shulchan Aruch YD 198:45</ref> | ||
# | # Dirt stuck between her toes is a chatzitza.<ref>Shulchan Aruch YD 198:42</ref> | ||
# A woman should not have to pick up her feet when she's in the mikveh if the floor of the mikveh is clean.<ref>The Rosh (Mikvaot no. 21) writes that since the water touches the feet before it touches the floor there is automatically a layer of water surrounding the feet and so she doesn't have to pick up her feet when she is tovel. The Raavad (cited by Bet Yosef 198:28) and Rashba (Torat Habayit Hakatzar 31b) agree. Shulchan Aruch 198:30 codifies this halacha.</ref> | |||
==Sources== | ==Sources== | ||
{{Reflist|2}} | {{Reflist|2}} | ||
