Chatzitza: Difference between revisions
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==General Laws of Chatzitza== | ==General Laws of Chatzitza== | ||
# A woman needs to immerse completely in the mikveh at one time<Ref>The Sifra (Emor 4:7) learns from Vayikra 22:6-7 that a woman needs to immerse completely in water at one time for tevilah. The Rambam (Mikvaot 1:7), Tur and Shulchan Aruch YD 198:1 codify this as halacha.</ref> without anything interposing between her body and the water of the mikveh<ref>The Mishna Mikvaot 9:1 discusses which items are an interposition between one's body and the mikveh. The Rambam (ad loc.) explains that an interposition is an issue between water needs to cover one's entire body directly. The source for this is the gemara Sukkah 6a which learns from Vayikra 14:9 that there can't be anything between the water and one's body. The gemara Eruvin 4a indicates that some of the laws of chatzitza are traditions from Sinai.</ref>, otherwise the immersion (tevilah) is invalid. | # A woman needs to immerse completely in the mikveh at one time<Ref>The Sifra (Emor 4:7) learns from Vayikra 22:6-7 that a woman needs to immerse completely in water at one time for tevilah. The Rambam (Mikvaot 1:7), Tur and Shulchan Aruch YD 198:1 codify this as halacha.</ref> without anything interposing between her body and the water of the mikveh<ref>The Mishna Mikvaot 9:1 discusses which items are an interposition between one's body and the mikveh. The Rambam (ad loc.) explains that an interposition is an issue between water needs to cover one's entire body directly. The source for this is the gemara Sukkah 6a which learns from Vayikra 14:9 that there can't be anything between the water and one's body. The gemara Eruvin 4a indicates that some of the laws of chatzitza are traditions from Sinai.</ref>, otherwise the immersion (tevilah) is invalid. | ||
# Anything a woman doesn't want to remain on her body all the today is considered a chatzitza.<ref>Gemara Bava Kama 82a explains that a | # Anything a woman doesn't want to remain on her body all the today is considered a chatzitza.<ref>Gemara Bava Kama 82a explains that a biblical chatzitza is something that covers a majority of the body and she wants it removed. However, if it is something that covers a minority of her body but she wants removed or something that covers a majority of her body even if she doesn't want it removed is a chatzitza on a rabbinic level.</ref> | ||
# Even if currently she doesn't want it removed but at some later point she does it is still a chatzitza. If a majority of people would want to remove the item even if she doesn't want to remove it, it constitutes a chatzitza.<ref>Shulchan Aruch YD 198:1. | # Even if currently she doesn't want it removed but at some later point she does it is still a chatzitza. If a majority of people would want to remove the item even if she doesn't want to remove it, it constitutes a chatzitza.<ref>Shulchan Aruch YD 198:1. | ||
* The Raavad in Baalei Hanefesh (Shaar Hatevilah ch. 2) writes that a ring or other jewelry is considered a chatzitza only because she takes it off when she kneads dough. The Rosh Mikvaot no. 25 and 26 quotes this idea. The Tur, Shulchan Aruch 198:1, and Taz 198:23 accept it as the halacha. | * The Raavad in Baalei Hanefesh (Shaar Hatevilah ch. 2) writes that a ring or other jewelry is considered a chatzitza only because she takes it off when she kneads dough. The Rosh Mikvaot no. 25 and 26 quotes this idea. The Tur, Shulchan Aruch 198:1, and Taz 198:23 accept it as the halacha. | ||
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# The minhag is to cut the nails before tevilah.<ref>Shulchan Aruch YD 198:18 based on the Hagahot Shaarei Dura, Ravyah, Rosh and others that it is important to cut nails before tevilah since it is hard to clean them from any dirt.</ref> If she forgot to cut her nails before the tevilah she should cut them and go to the mikveh again<Ref>Rama 198:20 based on Hagahot Shaarei Dura since it is likely that there was dirt there and she missed it. The Shach 198:25 quotes the Raavan 326 who held that long nails are automatically a chatzitza since they are going to be cut soon anyway. However, the Ravyah (responsa 991) disagreed and held that long nails aren't a chatzitza if they're clean. Mordechai (Shevuot no. 751) cites the Ravyah. Shulchan Aruch YD 198:20 follows the Ravyah.</ref> without a bracha.<ref>Aruch Hashulchan 200:1, Badei Hashulchan 200:5</ref> If they were clean and she didn't realize until the next morning a rav should be consulted. <Ref>Taz 198:21 is lenient only after the fact if the nails were clean and she was with her husband, whereas the Shach 198:25 is strict even in such a case. Laws of Niddah v. 2 p. 311 writes that a rav should be consulted. Binat Adam 119:14 and Ben Ish Chai (Shana Bet, Shemini no. 4) agree with the Taz. Taharat Habayit v.3 p. 85 cites the Tashbetz 3:58 who is a support for the Taz. | # The minhag is to cut the nails before tevilah.<ref>Shulchan Aruch YD 198:18 based on the Hagahot Shaarei Dura, Ravyah, Rosh and others that it is important to cut nails before tevilah since it is hard to clean them from any dirt.</ref> If she forgot to cut her nails before the tevilah she should cut them and go to the mikveh again<Ref>Rama 198:20 based on Hagahot Shaarei Dura since it is likely that there was dirt there and she missed it. The Shach 198:25 quotes the Raavan 326 who held that long nails are automatically a chatzitza since they are going to be cut soon anyway. However, the Ravyah (responsa 991) disagreed and held that long nails aren't a chatzitza if they're clean. Mordechai (Shevuot no. 751) cites the Ravyah. Shulchan Aruch YD 198:20 follows the Ravyah.</ref> without a bracha.<ref>Aruch Hashulchan 200:1, Badei Hashulchan 200:5</ref> If they were clean and she didn't realize until the next morning a rav should be consulted. <Ref>Taz 198:21 is lenient only after the fact if the nails were clean and she was with her husband, whereas the Shach 198:25 is strict even in such a case. Laws of Niddah v. 2 p. 311 writes that a rav should be consulted. Binat Adam 119:14 and Ben Ish Chai (Shana Bet, Shemini no. 4) agree with the Taz. Taharat Habayit v.3 p. 85 cites the Tashbetz 3:58 who is a support for the Taz. | ||
* The Binat Adam 199:14 understood the Taz as saying that if the nail was clean after she came out of the mikveh even though she wasn't sure it was clean beforehand we're not concerned since it is only a safek derabbanan. Taharat Habayit v. 3 p. 84 quotes Rav Shlomo Kluger who discussed that the Taz would even being lenient if the nail was dirty after the tevilah but most achronim don't accept this even according to the Taz. | * The Binat Adam 199:14 understood the Taz as saying that if the nail was clean after she came out of the mikveh even though she wasn't sure it was clean beforehand we're not concerned since it is only a safek derabbanan. Taharat Habayit v. 3 p. 84 quotes Rav Shlomo Kluger who discussed that the Taz would even being lenient if the nail was dirty after the tevilah but most achronim don't accept this even according to the Taz. | ||
* The Sidrei Tahara 198:39 points out that the idea of the Taz that if she didn't know if her nails were clean before and she forgot to cut them she can be lenient since it is only a question of a safek derabbanan is subject to dispute. In Sidrei Tahara 199:40 he discusses at length if you could be lenient on a safek derabbanan if originally there was a chazaka of tumah. Taharat Habayit v. 3 p. 84 quotes achronim who support the idea of the Taz based on the Rash (Mikvaot 2:2) that since the tevilah worked on a | * The Sidrei Tahara 198:39 points out that the idea of the Taz that if she didn't know if her nails were clean before and she forgot to cut them she can be lenient since it is only a question of a safek derabbanan is subject to dispute. In Sidrei Tahara 199:40 he discusses at length if you could be lenient on a safek derabbanan if originally there was a chazaka of tumah. Taharat Habayit v. 3 p. 84 quotes achronim who support the idea of the Taz based on the Rash (Mikvaot 2:2) that since the tevilah worked on a biblical level the derabbanan safek is viewed independently of the original chazakah of tumah. See the Pri Hasadeh 4:104 who relies on this Rash regarding bandages. See Sidrei Tahara and Taharat Habayit (v. 3, pp. 85-6) for elaboration of this complex topic. | ||
* Sidrei Tahara 198:51 asks on the Taz that if she didn't know if her nails were clean before tevilah and just knows that they're clean now, doesn't that mean she didn't check and her tevilah would be invalid. [http://www.hebrewbooks.org/pdfpager.aspx?req=7700&st=&pgnum=159 Mishcha D'rabuta YD 198:8 (Rabbi Masud Alfasi, Chief Rabbi of Tunisia in 18th century)] accepts the Taz and explains that if she cleaned beforehand but we're just not sure if she checked really well that's where we say that safek derabbanan. Also, he writes that if she cut her nails within 3 or 4 days of the tevilah that is sufficient. </ref> According to Sephardim, if she forgot to cut her nails and they were clean she doesn't need to go to the mikveh again.<ref>Shulchan Aruch YD 198:18 rules that the nail itself isn't a chatzitza. Rav Ovadia Yosef in Taharat Habayit (v. 3 p. 83) writes that she doesn't need to go again if she forgot to cut her nails as long as they were clean. However, the Ben Ish Chai (Shana Bet, Shemini no. 4) holds like the Rama that she should go again.</ref> | * Sidrei Tahara 198:51 asks on the Taz that if she didn't know if her nails were clean before tevilah and just knows that they're clean now, doesn't that mean she didn't check and her tevilah would be invalid. [http://www.hebrewbooks.org/pdfpager.aspx?req=7700&st=&pgnum=159 Mishcha D'rabuta YD 198:8 (Rabbi Masud Alfasi, Chief Rabbi of Tunisia in 18th century)] accepts the Taz and explains that if she cleaned beforehand but we're just not sure if she checked really well that's where we say that safek derabbanan. Also, he writes that if she cut her nails within 3 or 4 days of the tevilah that is sufficient. </ref> According to Sephardim, if she forgot to cut her nails and they were clean she doesn't need to go to the mikveh again.<ref>Shulchan Aruch YD 198:18 rules that the nail itself isn't a chatzitza. Rav Ovadia Yosef in Taharat Habayit (v. 3 p. 83) writes that she doesn't need to go again if she forgot to cut her nails as long as they were clean. However, the Ben Ish Chai (Shana Bet, Shemini no. 4) holds like the Rama that she should go again.</ref> | ||
# If she cut her nails within the last 3 days that it is acceptable to be considered cut and not recognizable that they grew.<ref>Orot Hatahara p. 345 citing Chut Shani p. 302. See also [http://www.hebrewbooks.org/pdfpager.aspx?req=7700&st=&pgnum=159 Mishcha D'rabuta YD 198:8 (Rabbi Masud Alfasi, Chief Rabbi of Tunisia in 18th century)].</ref> | # If she cut her nails within the last 3 days that it is acceptable to be considered cut and not recognizable that they grew.<ref>Orot Hatahara p. 345 citing Chut Shani p. 302. See also [http://www.hebrewbooks.org/pdfpager.aspx?req=7700&st=&pgnum=159 Mishcha D'rabuta YD 198:8 (Rabbi Masud Alfasi, Chief Rabbi of Tunisia in 18th century)].</ref> | ||
