Going to the Mikveh: Difference between revisions

From Halachipedia
Line 7: Line 7:
* Application: One possible practical application is a concept the Smag (Lavin no. 111) mentions that if it is a mitzvah then a woman should go to the mikveh when she can become tahora even if her husband isn't in town.
* Application: One possible practical application is a concept the Smag (Lavin no. 111) mentions that if it is a mitzvah then a woman should go to the mikveh when she can become tahora even if her husband isn't in town.
* Halacha: The Maharil (responsa 196), Maharik responsa 35:3, Shach 197:3, Taz 197:2 in explaining the Rama, and Badei Hashulchan 197:10 in explaining Shulchan Aruch all hold like Tosfot that there is no mitzvah for a woman to go to the mikveh immediately when she is able to become tahora. Nonetheless, the Bet Yosef 197:2 adds that everyone agrees that there is a mitzvah for a woman whose husband is around to go to the mikveh at the first opportunity because of the mitzvah of Onah unless her husband doesn't care. Taz 197:2 and Taharat Habayit v. 2. 445 agree.</ref>
* Halacha: The Maharil (responsa 196), Maharik responsa 35:3, Shach 197:3, Taz 197:2 in explaining the Rama, and Badei Hashulchan 197:10 in explaining Shulchan Aruch all hold like Tosfot that there is no mitzvah for a woman to go to the mikveh immediately when she is able to become tahora. Nonetheless, the Bet Yosef 197:2 adds that everyone agrees that there is a mitzvah for a woman whose husband is around to go to the mikveh at the first opportunity because of the mitzvah of Onah unless her husband doesn't care. Taz 197:2 and Taharat Habayit v. 2. 445 agree.</ref>
# It is forbidden for a woman to go to mikveh seven days after seeing blood before she counted her shiva nekiyim.<Ref>The Rivash (responsa 425) and Ramban (Chidushim Shabbat 13b s.v. biymey) write that even though on a Torah level a niddah can go to mikveh 7 days after seeing blood the rabbis enacted that all woman are treated like a zavah and need shiva nekiyim (Niddah 65a). Therefore, even though in the days when taharot were relevant a woman could go to mikveh after the 7 niddah days and again after the shiva nekiyim, today the rabbis prohibited women from going to the mikveh 7 days after seeing blood because of niddah before the shiva nekiyim since that will lead people to sin (by being lenient about the shiva nekiyim and going to mikveh afterwards). </ref># Some say that a woman shouldn't go to the mikveh if her husband isn't in town because of a concern of danger.<ref>Taharat Habayit v. 2 p. 445 quotes the Shvut Yakov 3:77 that woman wouldn't go to the mikveh if their husbands weren't in town out of a concern for evil spirits and he supports this concern. [http://www.hebrewbooks.org/pdfpager.aspx?req=20829&st=&pgnum=164 Torah Lishma 216] in fact argues that there's no real basis for this concern but since people are worried it is good to be careful.</ref>
# It is forbidden for a woman to go to mikveh seven days after seeing blood before she counted her shiva nekiyim.<Ref>The Rivash (responsa 425) and Ramban (Chidushim Shabbat 13b s.v. biymey) write that even though on a Torah level a niddah can go to mikveh 7 days after seeing blood the rabbis enacted that all woman are treated like a zavah and need shiva nekiyim (Niddah 65a). Therefore, even though in the days when taharot were relevant a woman could go to mikveh after the 7 niddah days and again after the shiva nekiyim, today the rabbis prohibited women from going to the mikveh 7 days after seeing blood because of niddah before the shiva nekiyim since that will lead people to sin (by being lenient about the shiva nekiyim and going to mikveh afterwards). </ref>
# Some say that a woman shouldn't go to the mikveh if her husband isn't in town because of a concern of danger.<ref>Taharat Habayit v. 2 p. 445 quotes the Shvut Yakov 3:77 that woman wouldn't go to the mikveh if their husbands weren't in town out of a concern for evil spirits and he supports this concern. [http://www.hebrewbooks.org/pdfpager.aspx?req=20829&st=&pgnum=164 Torah Lishma 216] in fact argues that there's no real basis for this concern but since people are worried it is good to be careful.</ref>
# Initially a woman should have kavana for tevilat niddah to purify herself. After the fact if she fell into the mikveh and didn't have intention for tevilah she is pure.<Ref>The Gemara Chullin 31a records a machloket Rav and Rabbi Yochanan whether tevilat niddah needs kavana. Rambam (Mikvaot 1:8) holds that it doesn't need kavana and Rashba (Chullin 31b, cited by Bet Yosef) argues that it should. Shulchan Aruch YD 120:48 rules like Rambam. Rama 198:48 writes that initially one should be concerned for the Rashba.</ref>
# Initially a woman should have kavana for tevilat niddah to purify herself. After the fact if she fell into the mikveh and didn't have intention for tevilah she is pure.<Ref>The Gemara Chullin 31a records a machloket Rav and Rabbi Yochanan whether tevilat niddah needs kavana. Rambam (Mikvaot 1:8) holds that it doesn't need kavana and Rashba (Chullin 31b, cited by Bet Yosef) argues that it should. Shulchan Aruch YD 120:48 rules like Rambam. Rama 198:48 writes that initially one should be concerned for the Rashba.</ref>
===Friday Night===
===Friday Night===