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Mayim Megulim: Difference between revisions
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Many Rishonim note how, nowadays, snakes are not so common, so these | Many Rishonim note how, nowadays, snakes are not so common, so these Halachot do not apply.<ref>Tosafot Avodah Zarah 35a. The Rambam (Hilchot Rotzeach 11:5-16), Rashba (Torat HaBayit Bayit 3 Shaar 5), and Tur (Yoreh Deah 116:1) all write comprehensive lists of the rules of Gilui and conclude with this point. The Shulchan Aruch (Yoreh Deah 116:1), on the other hand, doesn't even write the details and just says that it's no longer applicable.</ref> True, this is a takanat chachamim, and should be unequivocal (Lo Pelug Rabbanan), the standard explanation for the leniency is that they only prohibited water left uncovered in areas where snakes are common. In areas where snakes are uncommon, the prohibition never applied in the first place .<Ref>Tosafot ibid, Tur (Yoreh Deah 116:1 at the end). See Taz, Biur HaGra, Pri Chadash, Mateh Yehonatan, Kaf HaChaim ad loc.</ref> | ||
On the other hand, Chachamim of various locations and generations have noted that it should apply in their locales, such as Morocco, where snakes and a variety of other critters are always hanging around the drinking water, and Eretz Yisrael.<ref>The Pri Chadash (Yoreh Deah 116:1) argues that snakes are common in the west (Morocco), and they're not too uncommon in Yerushalayim and its surroundings. He recommends every Yarei Shamayim be strict. In fact, he says, one year a whole family in Egypt got sick because of mayim megulim. Therefore, the Pri Chadash reintroduces the details of mayim megulim | On the other hand, Chachamim of various locations and generations have noted that it should apply in their locales, such as Morocco, where snakes and a variety of other critters are always hanging around the drinking water, and Eretz Yisrael.<ref>The Pri Chadash (Yoreh Deah 116:1) argues that snakes are common in the west (Morocco), and they're not too uncommon in Yerushalayim and its surroundings. He recommends every Yarei Shamayim be strict. In fact, he says, one year a whole family in Egypt got sick because of mayim megulim. Therefore, the Pri Chadash reintroduces the details of mayim megulim into the Shulchan Aruch. The Chida (Shiurei Beracha Yoreh Deah 116:3) testifies that the minhag is to be machmir in Eretz Yisrael like the Pri Chadash. The Erech Lechem (Yoreh Deah 116:1), Chesed LeAlafim (Yoreh Deah 116:1), Kaf HaChaim (Yoreh Deah 116:6), Mekor Chaim HaShalem (264:2) and other poskim echo their position. The Zivchei Tzedek does testify that snake poisoning has been an issue in Baghdad, but Shomer Petaim Hashem. (Kaf HaChaim 116:3) Of course, he adds, if there is a bug issue, one must cover the water regardless.(Kaf HaChaim 116:9) Nehar Mitzrayim vol. 2 page 178 says it's worth being machmir given the ease of fulfill all opinions. Magen Avot (Yoreh Deah 116:1) writes how in Morocco it was common to find all sorts of things in the water, so it was necessary to be makpid | ||
Remarkably, Rav Chaim Ibn Attar (Pri Toar 116:2) testifies that growing up in Salé, Morocco, there were no snakes. Even when he moved to Fes, where there were snakes and scorpions everywhere, but there was never an incident of snake (not a scorpion) leaving venom behind and killing someone. Everyone lived in harmony with them. Only because an elder told him that it had happened once, he decided that one must be concerned. His ruling was limited only to drinking mayim megulim, not to the other activities one should not do with the water, such as feeding it to animals or washing oneself or other things, as there were no testimonies of those ever being a problem. (The Chida in Shiurei Beracha ad loc 4 notes how he had heard of this ruling from the Pri Toar) He also says one must be concerned for the scorpion bites in foods. | Remarkably, Rav Chaim Ibn Attar (Pri Toar 116:2) testifies that growing up in Salé, Morocco, there were no snakes. Even when he moved to Fes, where there were snakes and scorpions everywhere, but there was never an incident of snake (not a scorpion) leaving venom behind and killing someone. Everyone lived in harmony with them. Only because an elder told him that it had happened once, he decided that one must be concerned. His ruling was limited only to drinking mayim megulim, not to the other activities one should not do with the water, such as feeding it to animals or washing oneself or other things, as there were no testimonies of those ever being a problem. (The Chida in Shiurei Beracha ad loc 4 notes how he had heard of this ruling from the Pri Toar) He also says one must be concerned for the scorpion bites in foods. | ||
Rav David Pardo (Mizmor Ledavid ad loc, cited in the footnotes of the Pri Toar and Chesed leAlafim ad loc) notes how snakes are only common in the fields and not in the city, and, even then, their presence is obvious due to their pungent smell similar to that of donkeys. As such, one must be concerned for nikkur (bites in fruit), but not gilui except in the houses where the smell is established, even though the snakes don't cause any harm to humans. Even though we believe the concerns of the Chachamim to be valid, he says, he applies Shomer Petaim to be lenient. Additionally, the Gemara indicates that cats are immune to snake venom and eat snakes, so the fact that they had cats could be a protective defense mechanism against snakes in general | Rav David Pardo (Mizmor Ledavid ad loc, cited in the footnotes of the Pri Toar and Chesed leAlafim ad loc) notes how snakes are only common in the fields and not in the city, and, even then, their presence is obvious due to their pungent smell similar to that of donkeys. As such, one must be concerned for nikkur (bites in fruit), but not gilui except in the houses where the smell is established, even though the snakes don't cause any harm to humans. Even though we believe the concerns of the Chachamim to be valid, he says, he applies Shomer Petaim to be lenient. Additionally, the Gemara indicates that cats are immune to snake venom and eat snakes, so the fact that they had cats could be a protective defense mechanism against snakes in general.</ref> At the same time, the Poskim limit the prohibition to drinking and not other activities with the water, such as washing hands or feeding to animals.<ref>, Pri Toar (ibid), Ben Ish Chaim (Shanah II Pinchas 9)</ref> Indeed, the Vilna Gaon is said to have been strict about this even in Chutz LaAretz.<ref>Maaseh Rav 95, Pitchei Teshuvah (Yoreh Deah 116:1), Kaf Hachaim (Yoreh Deah 116:6). In the older editions, the Maaseh Rav continues adds that he said that there are other hidden reasons behind gilui in addition to the danger of snakes. In the Tosefet Maaseh Rav it quotes the Pe'at HaShulchan who details how the GRA said he keeps it because mayim megulim cause one to get distracted during Tefillah, and how the GRA went to incredible lengths to keep it. One time, in a storm, when his shamash lied and said that the water he brought was not meguleh, the GRA drank it and then remanded him after praying, as it clearly caused him to get distracted during his prayer. </ref> | ||
=Details= | =Details= | ||
