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Chatzitza: Difference between revisions
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* 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. | * 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 an Ashkenazi woman forgot to cut her nails and it is Friday night, some poskim hold that she should clean her nails and then go to mikveh.<ref>Taz 198:21. [https://www.yutorah.org/lectures/1094161 Rabbi Mordechai Willig (Chatzitza Shiur 23)] holds that the primary halacha should follow the Taz. If she forgot to cut her nails and it is Shabbat, she should just clean them very well and go to mikveh. He said that in the part before it was recorded and hints to it again at min 17 and says it briefly at min 44. </ref> Other poskim hold that she should ask a non-Jew to cut the nails and then go to mikveh.<ref>Shach 198:25 and Nekudat Hakesef, Mishna Brurah 340:3</ref> If a non-Jew is not available it is possible to rely on the poskim who hold she can clean her nails and then go to mikveh.<ref>Mishna Brurah 340:3</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> | ||
# If there was dirt under a nail where the nail corresponds to the top of the finger it isn't considered a chatzitza, whereas if there's dirt on the top part of the nail which is beyond the finger it is a chatzitza.<ref>The Tosefta Mikvaot 6:5 distinguishes between whether the dirt is under the part of the nail that corresponds to the top of the finger which it wouldn't be a chatzitza and beyond that. The Rosh (Mikvaot no. 26) and Rashba (Torat Habayit Hakatzar 32a) hold like this Tosefta. The Rambam (Mikvaot 2:14), however, argues that the nail isn't a chatzitza either way. The Tur and Shulchan Aruch 198:18 rule like the Rosh.</ref> Dough or mud beneath the nail is always a chatzitza.<ref>Mishna Mikvaot 9:2 writes that dough under the nail is a chatzitza. The Rambam (Mikvaot 2:1) equates mud with dough. The Rashba (Chullin 107, cited by Bet Yosef 198:18) explains that dough or mud stick and are a chatzitza but dirt which a woman removes easily isn't a chatzitza if she decided to leave it there and it was on the bottom of the nail corresponding to the finger. The Taz 198:19 rules that mud is a chatzitza under the nail. </ref> | # If there was dirt under a nail where the nail corresponds to the top of the finger it isn't considered a chatzitza, whereas if there's dirt on the top part of the nail which is beyond the finger it is a chatzitza.<ref>The Tosefta Mikvaot 6:5 distinguishes between whether the dirt is under the part of the nail that corresponds to the top of the finger which it wouldn't be a chatzitza and beyond that. The Rosh (Mikvaot no. 26) and Rashba (Torat Habayit Hakatzar 32a) hold like this Tosefta. The Rambam (Mikvaot 2:14), however, argues that the nail isn't a chatzitza either way. The Tur and Shulchan Aruch 198:18 rule like the Rosh.</ref> Dough or mud beneath the nail is always a chatzitza.<ref>Mishna Mikvaot 9:2 writes that dough under the nail is a chatzitza. The Rambam (Mikvaot 2:1) equates mud with dough. The Rashba (Chullin 107, cited by Bet Yosef 198:18) explains that dough or mud stick and are a chatzitza but dirt which a woman removes easily isn't a chatzitza if she decided to leave it there and it was on the bottom of the nail corresponding to the finger. The Taz 198:19 rules that mud is a chatzitza under the nail. </ref> | ||
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# If she forgot to cut the toenails it isn't a chatzitza after the fact since women don't care about the look of their toenails as much as their fingernails.<ref>Pitchei Teshuva 198:10 quoting Chamudei Doniel. Ben Ish Chai (Shana Bet, Shemini no. 4) agrees. Shiurei Shevet Halevi (cited by Taharat Habayit v. 3 p. 91) is lenient despite the fact that the Raavan (cited by Shach 198:25) writes that there's no distinction between fingernails and toenails.</ref> | # If she forgot to cut the toenails it isn't a chatzitza after the fact since women don't care about the look of their toenails as much as their fingernails.<ref>Pitchei Teshuva 198:10 quoting Chamudei Doniel. Ben Ish Chai (Shana Bet, Shemini no. 4) agrees. Shiurei Shevet Halevi (cited by Taharat Habayit v. 3 p. 91) is lenient despite the fact that the Raavan (cited by Shach 198:25) writes that there's no distinction between fingernails and toenails.</ref> | ||
# If there's an ingrown toenail that the doctor has instructed that it grow out, it should be cleaned before going to the mikveh and it doesn't need to be cut.<ref>The Laws of Niddah v. 2, p. 313. He is lenient in extenuating circumstances even if it can't be totally cleaned based on the Chamudei Doniel cited by Pitchei Teshuva YD 198:10 that today women don't care about how their toenails look. Taharat Habayit v. 3 p. 92 based on the Chatom Sofer 195 that since it isn't going to be cut until the healing is finished it isn't a chatzitza now.</ref> | # If there's an ingrown toenail that the doctor has instructed that it grow out, it should be cleaned before going to the mikveh and it doesn't need to be cut.<ref>The Laws of Niddah v. 2, p. 313. He is lenient in extenuating circumstances even if it can't be totally cleaned based on the Chamudei Doniel cited by Pitchei Teshuva YD 198:10 that today women don't care about how their toenails look. Taharat Habayit v. 3 p. 92 based on the Chatom Sofer 195 that since it isn't going to be cut until the healing is finished it isn't a chatzitza now.</ref> | ||
# A hangnail that is in its minority detached is a chatzitza but if it is in its majority detached it is a chatzitza.<ref>Shulchan Aruch YD 198:21</ref> The minhag is to do the tevilah again if she forgot to cut her nails and left a hangnail even if it was a majority detached.<ref>Shach 198:27, Bear Heitev 198:23</ref> | # A hangnail that is in its minority detached is a chatzitza, but if it is in its majority detached it is a chatzitza.<ref>Shulchan Aruch YD 198:21</ref> The minhag is to do the tevilah again if she forgot to cut her nails and left a hangnail even if it was a majority detached.<ref>Shach 198:27, Bear Heitev 198:23</ref> If it is Shabbat and a nail is detached in its minority she can ask a non-Jew to cut the nail her nail and then go to the mikveh.<ref>[https://www.yutorah.org/lectures/1094161 Rabbi Mordechai Willig (Chatzitza Shiur 23, min 17-19)]</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> | # 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> | ||
