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Chatzitza: Difference between revisions
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==Medical Circumstances== | ==Medical Circumstances== | ||
# If an item is going to remain on the body for a long time and won't be removed earlier under any circumstance some poskim hold that it isn't considered a chatzitza.<ref>Pitchei Teshuva 198:1 quoting the Zichron Yosef YD 10. The Orot Hatahara p. 336 quotes this and the several opinions that follow and sides with Rav Shlomo Zalman Auerbach.</ref> Poskim mention different times as to how long this has to be. Some say a half a year<Ref>Avnei Nezer YD 253:3</ref> | # If an item is going to remain on the body for a long time and won't be removed earlier under any circumstance some poskim hold that it isn't considered a chatzitza.<ref>Pitchei Teshuva 198:1 quoting the Zichron Yosef YD 10. The Orot Hatahara p. 336 quotes this and the several opinions that follow and sides with Rav Shlomo Zalman Auerbach.</ref> Poskim mention different times as to how long this has to be. Some say a half a year,<Ref>Avnei Nezer YD 253:3</ref> some say say 30 days,<ref>Shaarei Tevilah 34:4 quoting Rav Shlomo Zalman Auerbach</ref> some say 1 week,<ref>Shaarei Tevilah 34:4 quoting Rav Shlomo Zalman Auerbach for an extenuating circumstance, Chelkat Yoav YD 30</ref> and some say that it doesn't depend on any fixed amount of time but as long as there is some definitive time that it'll remain there.<ref>Igrot Moshe YD 1:97</ref> A rav should be consulted about any such case as poskim don't rely upon this factor alone.<ref>The Laws of Niddah v. 2 p. 284 quotes numerous poskim who don't agree with the Zichron Yosef. Chut Shani p. 276 maintains that the Chatom Sofer, Nodeh Beyehuda, Rabbi Akiva Eiger, and Chazon Ish disagree with it. Igrot Moshe YD 1:97 and 2:88 doesn't rely on it.</ref> | ||
# A bandage or band-aid is a chatzitza.<Ref>The Shulchan Aruch 198:23 writes that bandages are a chatzitza. It is based on the Rambam Mikvaot 2:4 who understood the Tosefta Mikvaot 6:4 as saying that bandages are a chatzitza. However, the Rash (Mikvaot 9:4) as well as the Rosh and Rashba according to the Bet Yosef 198;23 understood the Tosefta as referring to another topic and not chatzitza. Nonetheless, the Tur accepts the opinion of the Rambam possibly because he saw it as logical even though the Rosh didn’t explain the Tosefta like that.</ref> Some say that it is a chatzitza even if it is a loose bandage.<ref>The Rambam (Mikvaot 2:4 and Shulchan Aruch 198:23 hold that a loose bandage isn’t a chatzitza, however, the Shach 198:28 cites the Bach who disagrees and considers bandages to be a chatzitza even if they’re loose since water can’t enter them perfectly. Orot Hatahara p. 350 follows Shulchan Aruch.</ref> | # A bandage or band-aid is a chatzitza.<Ref>The Shulchan Aruch 198:23 writes that bandages are a chatzitza. It is based on the Rambam Mikvaot 2:4 who understood the Tosefta Mikvaot 6:4 as saying that bandages are a chatzitza. However, the Rash (Mikvaot 9:4) as well as the Rosh and Rashba according to the Bet Yosef 198;23 understood the Tosefta as referring to another topic and not chatzitza. Nonetheless, the Tur accepts the opinion of the Rambam possibly because he saw it as logical even though the Rosh didn’t explain the Tosefta like that.</ref> Some say that it is a chatzitza even if it is a loose bandage.<ref>The Rambam (Mikvaot 2:4 and Shulchan Aruch 198:23 hold that a loose bandage isn’t a chatzitza, however, the Shach 198:28 cites the Bach who disagrees and considers bandages to be a chatzitza even if they’re loose since water can’t enter them perfectly. Orot Hatahara p. 350 follows Shulchan Aruch.</ref> | ||
# Dissoluble stitches (absorbable sutures) according to some poskim aren't a chatzitza.<ref>[http://www.yutorah.org/sidebar/lecture.cfm/866901/rabbi-mordechai-i-willig/niddah-shiur-40-chazara-of-chatzitza/ Rabbi Mordechai Willig (Niddah shiur 40, min 18-21)] based on Rashi Shabbat 15b, The Laws of Niddah v. 2 p. 328, Orot Hatahara p. 350, Taharat Habayit v. 3 p. 65. Mareh Kohen p. 183 quotes Rav Shlomo Zalman Auerbach who agrees saying that dissoluble stitches aren't a chatzitza since they're going to dissolve and also because the woman wants them there.</ref> Others disagree and hold that they are a chatzitza.<ref>Chut Shani p. 276 for the reason that the stitches remain for a long period of time and a person is bothered by them since they're on the body.</ref> | # Dissoluble stitches (absorbable sutures) according to some poskim aren't a chatzitza.<ref>[http://www.yutorah.org/sidebar/lecture.cfm/866901/rabbi-mordechai-i-willig/niddah-shiur-40-chazara-of-chatzitza/ Rabbi Mordechai Willig (Niddah shiur 40, min 18-21)] based on Rashi Shabbat 15b, The Laws of Niddah v. 2 p. 328, Orot Hatahara p. 350, Taharat Habayit v. 3 p. 65. Mareh Kohen p. 183 quotes Rav Shlomo Zalman Auerbach who agrees saying that dissoluble stitches aren't a chatzitza since they're going to dissolve and also because the woman wants them there.</ref> Others disagree and hold that they are a chatzitza.<ref>Chut Shani p. 276 for the reason that the stitches remain for a long period of time and a person is bothered by them since they're on the body.</ref> | ||
# Regular stitches are a chatzitza | # Regular stitches are a chatzitza,<ref>The Laws of Niddah v. 2 p. 328, Igrot Moshe YD 2:87. Taharat Habayit v. 3 p. 65 is lenient in an extenuating circumstance if the stitches need to remain for a week based on Ketav Sofer 91. Orot Hatahara p. 338 and 350 is lenient after the fact for the reason that part of the string is inside the body and the part that is outside is very small such that a person wouldn't be concerned.</ref> unless the stiches need to be there for at least 30 more days from when she's going into the mikveh.<ref>Badei Hashulchan (198:23 Biurim s.v. b'egged), [https://www.yutorah.org/lectures/1093294 Rabbi Willig (Shiur 20, min 38)]</ref> | ||
# If a limb is hanging off the body it constitutes a chatzitza.<ref>Shulchan Aruch 198:22. The Bet Yosef 198:22 s.v. v’tzarich in his first explanation explains that since the limb isn’t deriving living off the body anymore it is like it is already detached and poses as a chatzitza to the area where it is attached. The Bach 198:21 explains that since it needs to be cut by a doctor it isn’t like it is already cut, therefore it is a chatzitza. See the Taz 198:22 for another explanation.</ref> | # If a limb is hanging off the body it constitutes a chatzitza.<ref>Shulchan Aruch 198:22. The Bet Yosef 198:22 s.v. v’tzarich in his first explanation explains that since the limb isn’t deriving living off the body anymore it is like it is already detached and poses as a chatzitza to the area where it is attached. The Bach 198:21 explains that since it needs to be cut by a doctor it isn’t like it is already cut, therefore it is a chatzitza. See the Taz 198:22 for another explanation.</ref> | ||
# 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. | ||
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# Braces that can't be removed according to some poskim aren't a chatzitza, but according to many poskim they are a chatzitza if they are put in for aesthetic purposes and not if they are to prevent the teeth from falling out.<ref>Shiurei Shevet Halevi 198:24:2 writes that braces that can't be removed aren't a chatzitza. Rav Moshe Feinstein in Igrot Moshe YD 1:96 writes that if the braces are to prevent the teeth from falling out they aren't a chatzitza but if it is just for aesthetic purposes they are a chatzitza. Orot Hatahara p. 349 quotes Rav Elyashiv as agreeing. Taharat Habayit v. 3 p. 143 writes that braces aren't a chatzitza if they're needed to unite the teeth and prevent them from loosening.</ref> | # Braces that can't be removed according to some poskim aren't a chatzitza, but according to many poskim they are a chatzitza if they are put in for aesthetic purposes and not if they are to prevent the teeth from falling out.<ref>Shiurei Shevet Halevi 198:24:2 writes that braces that can't be removed aren't a chatzitza. Rav Moshe Feinstein in Igrot Moshe YD 1:96 writes that if the braces are to prevent the teeth from falling out they aren't a chatzitza but if it is just for aesthetic purposes they are a chatzitza. Orot Hatahara p. 349 quotes Rav Elyashiv as agreeing. Taharat Habayit v. 3 p. 143 writes that braces aren't a chatzitza if they're needed to unite the teeth and prevent them from loosening.</ref> | ||
# A permanent filling which is fitted correctly isn't a chatzitza.<ref>Chut Shani p. 311, Shiurei Shevet Halevi 198:24:2, Taharat Habayit v. 3 p. 137 unlike the Chachmat Adam 119:18</ref> | # A permanent filling which is fitted correctly isn't a chatzitza.<ref>Chut Shani p. 311, Shiurei Shevet Halevi 198:24:2, Taharat Habayit v. 3 p. 137 unlike the Chachmat Adam 119:18</ref> | ||
# A temporary filling is according to some poskim a chatzitza<ref>Chut Shani p. 311 quoting the Chazon Ish that it is a chatzitza since it is going to be removed for medical reasons and isn't nullified to the body. He agrees that if the temporary filling is only put in and removed because it won't last (but isn't removed for dental work) it isn't a chatzitza. </ref> | # A temporary filling is according to some poskim a chatzitza,<ref>Chut Shani p. 311 quoting the Chazon Ish that it is a chatzitza since it is going to be removed for medical reasons and isn't nullified to the body. He agrees that if the temporary filling is only put in and removed because it won't last (but isn't removed for dental work) it isn't a chatzitza. </ref> according to some poskim, isn't a chatzitza,<ref>Taharat Habayit v. 3 p. 139, Orot Hatahara p. 349. Igrot Moshe 1:97 offers 3 reasons why a temporary filling isn't a chatzitza: 1) It is meant to stay there for a long fixed period of time (like Zichron Yosef). 2) The temporary filling is just put in for a time to close up the area and immediately after it is removed it will be replaced with a permanent filling. If the temporary filling would have lasted she would keep it longer but practically it needs to be replaced with a better filling. That isn't considered a chatzitza as she's not concerned about having the area open ever again. 3) The hole in the tooth is a unnatural hole and perhaps isn't included in the areas that have an issue of chatzitza. He concludes that the first reason is questionable and the third is new so they shouldn't be relied upon. [It is noteworthy that the second reason which is the primary reason of Rav Moshe doesn't apply if the temporary filling is put in so that work can be done there later as he writes in Igrot Moshe YD 2:88.] | ||
* The Binat Adam 12 holds that a filling is a chatzitza since the person doesn’t want to be there other than for the pain he would be in if not for the filling. Avnei Nezer YD 258 argues that something there for medicinal purposes is not a chatzitza and therefore fillings are not a chatzitza. Igrot Moshe YD 1:97 held fillings are not chatzitza even if it is temporary. </ref> | * The Binat Adam 12 holds that a filling is a chatzitza since the person doesn’t want to be there other than for the pain he would be in if not for the filling. Avnei Nezer YD 258 argues that something there for medicinal purposes is not a chatzitza and therefore fillings are not a chatzitza. Igrot Moshe YD 1:97 held fillings are not chatzitza even if it is temporary. </ref> and according others if it is in for less than 28 days should be considered a chatzitza.<ref>Shiurei Shevet Halevi 198:24:2 explains that the temporary filling is coming to replace the natural tooth and is desired so it isn't a chatzitza, nonetheless, he is lenient unless it will remain there for 4 weeks. He adds that if the filling is protecting the root of the tooth there is more room to be lenient. However, if the filling was to protect the root and the doctor determined that for medical reasons temporary filling has to removed after a certain time, it will be a chatzitza after that time. </ref> | ||
# A silver or gold crown on a tooth isn't a chatzitza if it is temporary or permanent.<ref>Taharat Habayit v. 3 p. 143 writes that a crown isn't a chatzitza because it is a minority of the body, inside the mouth, and would hurt to remove it. Shiurei Shevet Halevi 198:24:2 writes that a crown isn't a chatziza unless it is a very temporary crown that is in for only a day or two. Chut Shani p. 312 holds that a crown isn't a chatzitza if it can't be removed.</ref> | # A silver or gold crown on a tooth isn't a chatzitza if it is temporary or permanent.<ref>Taharat Habayit v. 3 p. 143 writes that a crown isn't a chatzitza because it is a minority of the body, inside the mouth, and would hurt to remove it. Shiurei Shevet Halevi 198:24:2 writes that a crown isn't a chatziza unless it is a very temporary crown that is in for only a day or two. Chut Shani p. 312 holds that a crown isn't a chatzitza if it can't be removed.</ref> | ||
# A false tooth is not a chatzitza.<ref>The Binat Adam 12 holds that a false tooth isn’t a chatzitza since it is desired to remain.</ref> | # A false tooth is not a chatzitza.<ref>The Binat Adam 12 holds that a false tooth isn’t a chatzitza since it is desired to remain.</ref> | ||
