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Showering on Yom Tov: Difference between revisions

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Showering on Yom Tov (view source)

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<p style="text-indent: 2em">The Ran (Beitzah 11a) explains that Bet Hillel's opinion is based on the concept of Mitoch (since it’s permitted to cook for food on [[Yom Tov]], it’s also permitted to heat up water for bathing). This concept of mitoch is a subject of dispute between Beit Hillel and Beit Shammai in an earlier Mishna. The Mishna (Beitzah 1:5) records a dispute where Bet Hillel permitted carrying a child, [[Lulav]], or sefer torah in a public domain on [[Yom Tov]], and Bet Shamai prohibited. The Gemara (Beitza 12a) explains that this dispute is based on the concept of Mitoch, Beit Hillel accept it, while Beit Shammai do not. Since we always hold like Bet Hillel (Eiruvin 6b), Shulchan Aruch OC 518:1 rules that we hold like Beit Hillel that there is a concept of mitoch. Seemingly, then it should be permitted to heat up water for washing one's entire body based on the concept of mitoch. </p>
<p style="text-indent: 2em">The Ran (Beitzah 11a) explains that Bet Hillel's opinion is based on the concept of Mitoch (since it’s permitted to cook for food on [[Yom Tov]], it’s also permitted to heat up water for bathing). This concept of mitoch is a subject of dispute between Beit Hillel and Beit Shammai in an earlier Mishna. The Mishna (Beitzah 1:5) records a dispute where Bet Hillel permitted carrying a child, [[Lulav]], or sefer torah in a public domain on [[Yom Tov]], and Bet Shamai prohibited. The Gemara (Beitza 12a) explains that this dispute is based on the concept of Mitoch, Beit Hillel accept it, while Beit Shammai do not. Since we always hold like Bet Hillel (Eiruvin 6b), Shulchan Aruch OC 518:1 rules that we hold like Beit Hillel that there is a concept of mitoch. Seemingly, then it should be permitted to heat up water for washing one's entire body based on the concept of mitoch. </p>
'''Tosfot's approach'''
'''Tosfot's approach'''
<p style="text-indent: 2em">Tosfot (Beitzah 21b D”H Lo Yicham) writes that Bet Hillel only allows heating up water to a high temperature regarding one’s hands and feet because that’s a pleasure enjoyed by everyone, however, for the entire body it’s forbidden (Biblically) because it’s not considered something which is a pleasure enjoyed by everyone. This is similar to the Gemara Ketubot 7a which stipulates that a pleasure which is only enjoyed by wealthy people isn't considered Ochel Nefesh. A number of Rishonim agree with this explanation.<ref>The idea of Tosfot Beitzah is also found in Tosfot (Shabbat 39b s.v. VeBeit Hillel), Rosh (Shabbat 3:7), Meiri (Beitzah 21b s.v. Amar HaMeiri HaMishna HaReviyit) ,and Piskei Rid (Beitzah 21b according to the Gilyon of the Ketav Yad). </ref> </p>
<p style="text-indent: 2em">Tosfot (Beitzah 21b s.v. Lo Yicham) writes that Bet Hillel only allows heating up water to a high temperature regarding one’s hands and feet because that’s a pleasure enjoyed by everyone, however, for the entire body it’s forbidden (Biblically) because it’s not considered something which is a pleasure enjoyed by everyone. This is similar to the Gemara Ketubot 7a which stipulates that a pleasure which is only enjoyed by wealthy people isn't considered Ochel Nefesh. A number of Rishonim agree with this explanation.<ref>The idea of Tosfot Beitzah is also found in Tosfot (Shabbat 39b s.v. VeBeit Hillel), Rosh (Shabbat 3:7), Meiri (Beitzah 21b s.v. Amar HaMeiri HaMishna HaReviyit) ,and Piskei Rid (Beitzah 21b according to the Gilyon of the Ketav Yad). </ref> </p>
'''Rambam's approach'''
'''Rambam's approach'''
<p style="text-indent: 2em">The Rambam ([[Yom Tov]] 1:16), however, holds that the only prohibition involved is the rabbinic prohibition to bathe in a bathhouse. A number of rishonim agree.<ref>The Ritva Beitzah (21b D”H Matiten) agrees with the Rambam that the prohibition to heat up water on Yom Tov is only rabbinic in nature. The Shitah Mekubeset quotes this. </ref>The Ramban (Shabbat 40a s.v. Ha Ditnan) explains that even though seemingly this rabbinic prohibition should not be extended to [[Yom Tov]] because it is permitted to engage in those melachot for [[Yom Tov]], nonetheless, since some Halachic concerns still apply to bathing on [[Yom Tov]], such as squeezing water from one’s hair or towel, the prohibition applies to [[Yom Tov]] as well. </p>
<p style="text-indent: 2em">The Rambam ([[Yom Tov]] 1:16), however, holds that the only prohibition involved is the rabbinic prohibition to bathe in a bathhouse. A number of rishonim agree.<ref>The Ritva Beitzah (21b s.v. Matiten) agrees with the Rambam that the prohibition to heat up water on Yom Tov is only rabbinic in nature. The Shitah Mekubeset quotes this. </ref>The Ramban (Shabbat 40a s.v. Ha Ditnan) explains that even though seemingly this rabbinic prohibition should not be extended to [[Yom Tov]] because it is permitted to engage in those melachot for [[Yom Tov]], nonetheless, since some Halachic concerns still apply to bathing on [[Yom Tov]], such as squeezing water from one’s hair or towel, the prohibition applies to [[Yom Tov]] as well. </p>
'''Which approach is accepted as halacha?'''
'''Which approach is accepted as halacha?'''
<p style="text-indent: 2em">The Shulchan Aruch 511:2 seems to rule like the Rambam, while the Rama follows the opinion of Tosfot. For a clarification of this point as well as the opinion of other major poskim, see the footnote.<ref>
<p style="text-indent: 2em">The Shulchan Aruch 511:2 seems to rule like the Rambam, while the Rama follows the opinion of Tosfot. For a clarification of this point as well as the opinion of other major poskim, see the footnote.<ref>
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* '''Proof that Shulchan Aruch follows the Rambam''': The Ran (Shabbat 18b and Beitzah 11b) writes that since the Rif and Rambam hold that heating up water on Yom Tov for a full-body shower is onlyrabbinic, it is permitted to take a shower if the water was heated up before Yom Tov. According to Tosfot, who hold that heating up water on Yom Tov is a biblical prohibition, it would be prohibited to take a shower with hot water even if it was heated before Yom Tov. Beit Yosef 511:2 quotes the Ran. Shulchan Aruch 511:2 rules that it is permitted to bathe one's entire body in hot water which was heated before Yom Tov, while the Rama rules that it is forbidden. Using the logic of the Ran, Shulchan Aruch follows the opinion of the Rambam, whereas the Rama follows the opinion of the Tosfot.  
* '''Proof that Shulchan Aruch follows the Rambam''': The Ran (Shabbat 18b and Beitzah 11b) writes that since the Rif and Rambam hold that heating up water on Yom Tov for a full-body shower is onlyrabbinic, it is permitted to take a shower if the water was heated up before Yom Tov. According to Tosfot, who hold that heating up water on Yom Tov is a biblical prohibition, it would be prohibited to take a shower with hot water even if it was heated before Yom Tov. Beit Yosef 511:2 quotes the Ran. Shulchan Aruch 511:2 rules that it is permitted to bathe one's entire body in hot water which was heated before Yom Tov, while the Rama rules that it is forbidden. Using the logic of the Ran, Shulchan Aruch follows the opinion of the Rambam, whereas the Rama follows the opinion of the Tosfot.  
* Assuming, as did the Ran, that the Rif holds like the Rambam, it is very reasonable to believe Shulchan Aruch follows the Rambam, since two of the three major pillars of halacha agree to that opinion. See Rav Yosef Karo's introduction to the Beit Yosef s.v. VeLeChen. See, however, the Meiri (Beitzah 21b s.v. Amar HaMeiri HaMishna HaReviyit) who explains like Tosfot but also rules like the Rif that one may completely bathe in water which was heated before Yom Tov. According to the Meiri, these two aren't necessarily related and as such, the proof as to the ruling of Shulchan Aruch isn't ironclad.  
* Assuming, as did the Ran, that the Rif holds like the Rambam, it is very reasonable to believe Shulchan Aruch follows the Rambam, since two of the three major pillars of halacha agree to that opinion. See Rav Yosef Karo's introduction to the Beit Yosef s.v. VeLeChen. See, however, the Meiri (Beitzah 21b s.v. Amar HaMeiri HaMishna HaReviyit) who explains like Tosfot but also rules like the Rif that one may completely bathe in water which was heated before Yom Tov. According to the Meiri, these two aren't necessarily related and as such, the proof as to the ruling of Shulchan Aruch isn't ironclad.  
* '''Proofs that we're strict for both''': The Kaf HaChaim 511:13 quotes both opinions and doesn't rule definitively. The Shaar HaTziyun details a practical difference between the Rambam and Tosfot but doesn't rule either way. </ref> The Beiur Halacha 511:2 D”H Yadav implies that what is considered a pleasure enjoyed by everyone depends on the time and place. (Sh”t Mayim Chaim 1:29 supports this idea.) <ref>"Changes in Sociology or Technology and Jewish Law Responses to Them: The Cases of Showering or Smoking on [[Yom Tov]]" is an RJJ article by Avi Wagner and R’ Broyde on this topic. (R’ Broyde states aware of only one posek who says “Shaave” never changes).</ref></p>
* '''Proofs that we're strict for both''': The Kaf HaChaim 511:13 quotes both opinions and doesn't rule definitively. The Shaar HaTziyun details a practical difference between the Rambam and Tosfot but doesn't rule either way. </ref> The Beiur Halacha 511:2 s.v. Yadav implies that what is considered a pleasure enjoyed by everyone depends on the time and place. (Sh”t Mayim Chaim 1:29 supports this idea.) <ref>"Changes in Sociology or Technology and Jewish Law Responses to Them: The Cases of Showering or Smoking on [[Yom Tov]]" is an RJJ article by Avi Wagner and R’ Broyde on this topic. (R’ Broyde states aware of only one posek who says “Shaave” never changes).</ref></p>
'''Showering with water heated up before [[Yom Tov]]'''
'''Showering with water heated up before [[Yom Tov]]'''
<p style="text-indent: 2em"> Tosfot who holds that there is a biblical prohibition to heat up water on [[Yom Tov]], also holds that there’s a rabbinic prohibition to bathe in water heated before [[Yom Tov]] just like there’s a rabbinic prohibition regarding water heated before [[Shabbat]]. Based on this, the Noda Biyehuda OC 24 and Chacham Tzvi 11 forbid immersing in a heated mikveh, even if the water was heated before [[Yom Tov]] but they did permit using lukewarm water. Teshuvot Divrei Chaim OC 2:26 says that the minhag is to allow women to immerse even on Shabbat and [[Yom Tov]] in a heated Mikvah. Rabbi Akiva Eiger on Shulchan Aruch 307:5, quoted by Bi’ur Halacha 326:1 "Bimayim" permits bathing in hot water even on Shabbat because if not the women would be in great discomfort, and the gezeira wasn't made on situations like those. However, the Rambam holds that it’s permissible to wash one’s whole body with water that was heated up before [[Yom Tov]] as long as it’s done outside a bathhouse because there was a rabbinic prohibition not to bathe in a bathhouse on [[Yom Tov]] (Bet Yosef 511:2). </p>
<p style="text-indent: 2em"> Tosfot who holds that there is a biblical prohibition to heat up water on [[Yom Tov]], also holds that there’s a rabbinic prohibition to bathe in water heated before [[Yom Tov]] just like there’s a rabbinic prohibition regarding water heated before [[Shabbat]]. Based on this, the Noda Biyehuda OC 24 and Chacham Tzvi 11 forbid immersing in a heated mikveh, even if the water was heated before [[Yom Tov]] but they did permit using lukewarm water. Teshuvot Divrei Chaim OC 2:26 says that the minhag is to allow women to immerse even on Shabbat and [[Yom Tov]] in a heated Mikvah. Rabbi Akiva Eiger on Shulchan Aruch 307:5, quoted by Bi’ur Halacha 326:1 "Bimayim" permits bathing in hot water even on Shabbat because if not the women would be in great discomfort, and the gezeira wasn't made on situations like those. However, the Rambam holds that it’s permissible to wash one’s whole body with water that was heated up before [[Yom Tov]] as long as it’s done outside a bathhouse because there was a rabbinic prohibition not to bathe in a bathhouse on [[Yom Tov]] (Bet Yosef 511:2). </p>
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* (2) One may not use regular bar soap based on Mishna Brurah 326:30 but one should use liquid soap, preferably one that is a thin liquid.  
* (2) One may not use regular bar soap based on Mishna Brurah 326:30 but one should use liquid soap, preferably one that is a thin liquid.  
* (3) Some forbid using the towel to dry one's hair but agree that it's permissible to dry one's body as long as the towel isn't saturated to the point that one is squeezing out water. <ref>This is the opinion of Rabbi Aryeh Lebowitz mostly quoting Rav Hershel Schachter. This lenient opinion is based on a discussion whether and to what extent halacha considers a pleasure enjoyed by most people to change according to time.  
* (3) Some forbid using the towel to dry one's hair but agree that it's permissible to dry one's body as long as the towel isn't saturated to the point that one is squeezing out water. <ref>This is the opinion of Rabbi Aryeh Lebowitz mostly quoting Rav Hershel Schachter. This lenient opinion is based on a discussion whether and to what extent halacha considers a pleasure enjoyed by most people to change according to time.  
* (1) Magan Avraham 511:5, Aruch HaShulchan 511:5, and Beiur Halacha 511 D”H Yadav hold that when considering what is a pleasure enjoyed by all one must take into consideration the contemporary custom during the week.  
* (1) Magan Avraham 511:5, Aruch HaShulchan 511:5, and Beiur Halacha 511 s.v. Yadav hold that when considering what is a pleasure enjoyed by all one must take into consideration the contemporary custom during the week.  
* (2) [http://www.yutorah.org/lectures/lecture.cfm/749147/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Showering_on_Yom_Tov Rabbi Aryeh Lebowitz] (New York, 2010) brings a proof from the above sources that since nowadays it’s more common to shower daily or at least once every two days heating up water for that purpose should be permissible. Rabbi Lebowitz quotes Rav Hershel Schachter who permits showering in lukewarm water. It should be noted, however, that Rav Hershel Schachter's pesak as recorded in [http://www.yutorah.org/lectures/lecture.cfm/776128/Rabbi_Hershel_Schachter/Reishit_Bikkurim:_A_Guide_to_Shavuot_Observance Reishit Bikkurim] (Shavuot 5772) is that it is forbidden to shower in hot or warm water, but only in water that's cold but not uncomfortably cold. In the footnote he explicitly writes that lukewarm water is forbidden. This same position is confirmed in [http://www.yutorah.org/lectures/lecture.cfm/791957/Rabbi_Hershel_Schachter/Hilchos_Pesach_and_Yom_Tov a shiur on yutorah.org titled "Hilchos Pesach and Yom Tov"] (min 30) which was given before Pesach 2013. (3) Sh”t Mayim Chayim 1:29 (Rav Chaim Dovid HaLevi, Tel Aviv, 1991) agrees with the above proof, however, he disagrees with the assumption that nowadays the common custom is to shower daily and it’s not sufficient that it’s the custom to shower regularly (even once in two days). [He does admit that if he were in a very hot climate and it was actually the custom for everyone to take a shower every single morning then he’d permit.] (This is similar to the position taken by the Chazon Yechezkel Beitzah 2:7 but Shemirat [[Shabbat]] Kehilchata 21 note 21 questions it.)  
* (2) [http://www.yutorah.org/lectures/lecture.cfm/749147/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Showering_on_Yom_Tov Rabbi Aryeh Lebowitz] (New York, 2010) brings a proof from the above sources that since nowadays it’s more common to shower daily or at least once every two days heating up water for that purpose should be permissible. Rabbi Lebowitz quotes Rav Hershel Schachter who permits showering in lukewarm water. It should be noted, however, that Rav Hershel Schachter's pesak as recorded in [http://www.yutorah.org/lectures/lecture.cfm/776128/Rabbi_Hershel_Schachter/Reishit_Bikkurim:_A_Guide_to_Shavuot_Observance Reishit Bikkurim] (Shavuot 5772) is that it is forbidden to shower in hot or warm water, but only in water that's cold but not uncomfortably cold. In the footnote he explicitly writes that lukewarm water is forbidden. This same position is confirmed in [http://www.yutorah.org/lectures/lecture.cfm/791957/Rabbi_Hershel_Schachter/Hilchos_Pesach_and_Yom_Tov a shiur on yutorah.org titled "Hilchos Pesach and Yom Tov"] (min 30) which was given before Pesach 2013. (3) Sh”t Mayim Chayim 1:29 (Rav Chaim Dovid HaLevi, Tel Aviv, 1991) agrees with the above proof, however, he disagrees with the assumption that nowadays the common custom is to shower daily and it’s not sufficient that it’s the custom to shower regularly (even once in two days). [He does admit that if he were in a very hot climate and it was actually the custom for everyone to take a shower every single morning then he’d permit.] (This is similar to the position taken by the Chazon Yechezkel Beitzah 2:7 but Shemirat [[Shabbat]] Kehilchata 21 note 21 questions it.)  
* (4) However, Sh”t Bear Moshe 8:158-9 (Rav Moshe Stern, Brooklyn, NY, 1987) argues that the above sources aren’t a proof because in all those cases the contemporary custom was only considered in order to create a stringency beyond that which that was ruled in Shulchan Aruch. Therefore, Bear Moshe is unwilling to consider permitting heating water to shower on [[Yom Tov]].  
* (4) However, Sh”t Bear Moshe 8:158-9 (Rav Moshe Stern, Brooklyn, NY, 1987) argues that the above sources aren’t a proof because in all those cases the contemporary custom was only considered in order to create a stringency beyond that which that was ruled in Shulchan Aruch. Therefore, Bear Moshe is unwilling to consider permitting heating water to shower on [[Yom Tov]].  
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