Anonymous

Mayim Megulim: Difference between revisions

From Halachipedia

Mayim Megulim (view source)

Revision as of 01:58, 3 October 2019

6 bytes removed ,  3 October 2019
no edit summary
(→‎Where It Doesn't Apply: refrigerators and urns)
No edit summary
Line 4: Line 4:
=Nowadays=
=Nowadays=


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 The Shulchan Aruch (Yoreh Deah 116:1), on the other hand, doesn't even write the details and just says that it's no longer applicable.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 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>
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 The Shulchan Aruch (Yoreh Deah 116:1), on the other hand, doesn't even write the details and just says that it's no longer applicable.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.


Line 11: Line 11:


=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==
Retrieved from "http://localhost:80/index.php?title=Special:MobileDiff/24276"