Anonymous

Showering on Yom Tov: Difference between revisions

From Halachipedia
no edit summary
No edit summary
No edit summary
Line 1: Line 1:
==Background==
==Background==
'''Heating up water on [[Yom Tov]]'''
'''Heating up water on [[Yom Tov]]'''
<p style="text-indent: 2em">In the Mishna (Beitzah 2:5), Bet Shamai say that one may only heat up water for washing one’s feet and only to a temperature that one would be able to drink, while Bet Hillel permit heating up the water even as hot as needed to bathe. 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 Mishna Beitzah 1:5 regarding whether it is permitted to carry a child, [[Lulav]], or sefer torah in a public domain on [[Yom Tov]], which the Gemara (Beitza 12a) explains is based on whether they accept the concept of Mitoch, Beit Hillel do, while Beit Shammai do not. S"A OC 518:1 rules that we hold like Beit Hillel that there is a concept of mitoch. Since we always hold like Bet Hillel (Eiruvin 6b) it should be permitted to heat up water for washing. However, the Gemara (Beitzah 21b) writes that even Bet Hillel agrees that it’s forbidden to heat up water one’s entire body. There are two major explanations as to why it’s forbidden to heat up water for the rest of the body. </p>
<p style="text-indent: 2em">In the Mishna (Beitzah 2:5), Bet Shamai say that one may only heat up water for washing one’s feet and only to a temperature that one would be able to drink, while Bet Hillel permit heating up the water even as hot as needed to bathe. The Rif and Tosfot (Beitzah 21b) stipulate that Beit Hillel only permitted heating water on Yom Tov for one's hands and feet, but not for one's entire body. </p>
<p style="text-indent: 2em">Tosfot (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 Ketubot 7a). However, the Rambam ([[Yom Tov]] 1:16) holds that the only prohibition involved is the rabbinic prohibition to bathe in a bathhouse. [This is also the opinion of the Ritva Beitzah 21b D”H Matiten.] 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>
'''The Rishonim's question'''
<p style="text-indent: 2em">Shulchan Aruch 511:2 rules like Rambam that it is forbidden to heat up water on [[Yom Tov]] to wash anything more than one’s hands. [It’s evident that Shulchan Aruch holds like Rambam from Bet Yosef 511:2. Chazon Ovadyah ([[Yom Tov]] pg 41) explains S"A this way as well.] It’s implied from Biur Halacha 511:2 D”H Yadav 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>
<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), S"A 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'''
<p style="text-indent: 2em">Tosfot (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 Ketubot 7a). </p>
'''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. [This is also the opinion of the Ritva Beitzah 21b D”H Matiten.] 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?'''
<p style="text-indent: 2em">As to whether we hold like the Tosfot or Rambam or both, see the footnote.<ref>The Beit Yosef 511:2 simply quotes Tosfot and does not quote the reason of the Rambam. Seemingly, he holds like the Tosfot. Even though, he quotes the Rif, who says that one may not heat up water for a complete body shower, the Rif doesn't explicitly state that he agrees with the Rambam's explanation. Mishna Brurah 511:10 quotes the opinion of Tosfot and only mentions the explanation of the Rambam in the Shaar HaTziyun (511:8). Yet, the Shaar HaTziyun doesn't explicitly rule like the Tosfot. Chazon Ovadyah ([[Yom Tov]] pg 41) also seems to explain S"A in accordance with Tosfot. Also, the Kaf HaChaim 511:13 quotes both opinions and doesn't rule definitively. </ref>The Biur 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>
'''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>