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Mayim Megulim: Difference between revisions
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=Nowadays= | =Nowadays= | ||
Many Rishonim note how, nowadays, snakes are not so common, so these Halachot do not apply.<ref>Tosafot Avodah Zarah 35a. The | Many Rishonim note how, nowadays, snakes are not so common, so these Halachot do not apply.<ref>Tosafot Avodah Zarah 35a. The Rashba (Torat HaBayit Bayit 3 Shaar 5) and Tur (Yoreh Deah 116:1) 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 The Shulchan Aruch (Yoreh Deah 116:1), on the other hand, doesn't even write the details and just says that it's no longer applicable.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 Avodah Zarah 35a, Tur (Yoreh Deah 116:1 at the end). See Taz, Biur HaGra, Pri Chadash, Mateh Yehonatan, Kaf HaChaim ad loc. and Shu"t Minchat Asher 3:22</ref> | ||
On the other hand, the 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 (Shiyurei 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 had 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 that it's worth being machmir given the ease of fulfilling 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. | On the other hand, the 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 (Shiyurei 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 had 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 that it's worth being machmir given the ease of fulfilling 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. | ||
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=Details= | =Details= | ||
''This is only a sampling of examples. See the 8th Perek of Terumot, [https://www.sefaria.org/Torat_HaBayit_HaAroch%2C_The_Third_House%2C_The_Fifth_Gate?lang=he Rashba (Torat HaBayit Bayit 3 Shaar 4)], Tur (Yoreh Deah 116:1), Pri Chadash, [http://www.hebrewbooks.org/pdfpager.aspx?req=41145&st=&pgnum=47 Darkei Teshuvah] (ad loc), and [https://www.kof-k.org/articles/040208030446W-33%20Uncovered%20Beverages.pdf the Kof-K's article on the matter] for the comprehensive presentations. | ''This is only a sampling of examples. See the 8th Perek of Terumot, Rambam (Hilchot Rotzeach 11:5-16), [https://www.sefaria.org/Torat_HaBayit_HaAroch%2C_The_Third_House%2C_The_Fifth_Gate?lang=he Rashba (Torat HaBayit Bayit 3 Shaar 4)], Tur (Yoreh Deah 116:1), Pri Chadash, [http://www.hebrewbooks.org/pdfpager.aspx?req=41145&st=&pgnum=47 Darkei Teshuvah] (ad loc), and [https://www.kof-k.org/articles/040208030446W-33%20Uncovered%20Beverages.pdf the Kof-K's article on the matter] for the comprehensive presentations. | ||
'' | '' | ||
==Where Gilui Does Apply== | ==Where Gilui Does Apply== | ||
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# Fruits with a moist inner flesh are subject to gilui, but some, such as figs and grapes are permitted, unless they have bite marks.<ref>Avodah Zarah 30b. See Talmidei Rabbeinu Yonah ad loc</ref> | # Fruits with a moist inner flesh are subject to gilui, but some, such as figs and grapes are permitted, unless they have bite marks.<ref>Avodah Zarah 30b. See Talmidei Rabbeinu Yonah ad loc</ref> | ||
# Water that was used to soak food and taste changed because of it is not subject to gilui.<ref>Rambam (Hilchot Rotzeach 11:9)</ref> | # Water that was used to soak food and taste changed because of it is not subject to gilui.<ref>Rambam (Hilchot Rotzeach 11:9)</ref> | ||
# Beverages left in refrigerators and water in an urn are not subject to gilui.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=55583&st=&pgnum=29 Shu"t Avnei Derech 5:6]. Note the well-written introductory survey of the issue.</ref> | |||
==Other Factors== | ==Other Factors== | ||
# The suspicion applies both day and night.<ref>Rambam (Hilchot Rotzeach 11:11), Tur (Yoreh Deah 116:1)</ref> | # The suspicion applies both day and night.<ref>Rambam (Hilchot Rotzeach 11:11), Tur (Yoreh Deah 116:1)</ref> | ||
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# If the wine is stagnant in a closed or deep pit, it remains permitted, as long as one ensured there was nothing else inside and there is no hole. If there is a hole, depending on the size, it could be problematic. Similarly, a stream of water is not subject to the prohibition.<ref>Rambam Hilchot Rotzeach 11:13</ref> | # If the wine is stagnant in a closed or deep pit, it remains permitted, as long as one ensured there was nothing else inside and there is no hole. If there is a hole, depending on the size, it could be problematic. Similarly, a stream of water is not subject to the prohibition.<ref>Rambam Hilchot Rotzeach 11:13</ref> | ||
# Bediavad, one may not do anything with mayim megulim and must discard it, even if he already cooked food with it.<ref>Rambam (Hilchot Rotzeach 11:16). See Pri Chadash (Yoreh Deah 116:1) and Shiurei Beracha ad loc. 6 for a discussion of the matter.</ref> Therefore, one may not feed it to his or his fellow's animals or wash himself or anything else with it.<ref>Avodah Zarah 20b, Rambam (Hilchot Rotzeach 11:15).</ref> Even a barrel that was left uncovered and then drunk from by people who did not get sick afterwards may not be drunk from further, because venom from snakes of different ages has a spectrum of potency and density, so it could have sunk further down.<ref>Rambam (Hilchot Rotzeach 11:14)</ref> | # Bediavad, one may not do anything with mayim megulim and must discard it, even if he already cooked food with it.<ref>Rambam (Hilchot Rotzeach 11:16). See Pri Chadash (Yoreh Deah 116:1) and Shiurei Beracha ad loc. 6 for a discussion of the matter.</ref> Therefore, one may not feed it to his or his fellow's animals or wash himself or anything else with it.<ref>Avodah Zarah 20b, Rambam (Hilchot Rotzeach 11:15).</ref> Even a barrel that was left uncovered and then drunk from by people who did not get sick afterwards may not be drunk from further, because venom from snakes of different ages has a spectrum of potency and density, so it could have sunk further down.<ref>Rambam (Hilchot Rotzeach 11:14)</ref> | ||
==Links== | |||
* Article on [https://www.kof-k.org/articles/040208030446W-33%20Uncovered%20Beverages.pdf Uncovered Beverages] by the Kof-K | |||
* [https://torah.org/torah-portion/weekly-halacha-5764-lechlecha/ Mashkim Megulim: What Is It?] by Rabbi Doniel Neustadt | |||
==Related Pages== | |||
* [[Uncovered Water]] | |||
=Sources= | =Sources= | ||
<references/> | <references/> | ||
[[Category:Kashrut]] | [[Category:Kashrut]] | ||
