Tevilat Keilim: Difference between revisions
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==If One Didn't Immerse a Utensil== | ==If One Didn't Immerse a Utensil== | ||
# A utensil may not be used, even once, before it is immersed in a mikva. | # A utensil may not be used, even once, before it is immersed in a mikva.<Ref> Rema Y.D. 120:8, Rambam Hilchot Maachalot Asurot 17:3. While the Chatam Sofer YD 114 writes that this prohibition is from the Torah, the Yeshuot Yaakov 120:1 holds this is only dirabanan. </ref> | ||
# One, who for whatever reason, is unable to immerse a utensil which is urgently needed should give the item to a Gentile as a gift and then borrow it back from him. <Ref> Rama Y.D. 120:16 </ref> | # One, who for whatever reason, is unable to immerse a utensil which is urgently needed should give the item to a Gentile as a gift and then borrow it back from him. <Ref> Rama Y.D. 120:16 </ref> | ||
# If foods were placed upon or served with utensils which were not immersed in a mikva, it does not render the food non-kosher, | # If foods were placed upon or served with utensils which were not immersed in a mikva, it does not render the food non-kosher,<ref> Yerushalmi Avoda Zara 5:15 and Tosafot and Rosh (Avoda Zara 75b), as well as Ramban, Rashba and Ran there, Rema Y.D. 120:16, Beiur Halacha 323 </ref>though one should not eat off such utensils.<Ref> Igrot Moshe 3:22, Shu"t Yechave Daat 4:44 </ref> However, some are lenient to eat in a restaurant where the utensils are not dipped.<ref> Darkei Teshuva 120:70, Shu"t Yechave Daat 4:44. This is based on Beit Yosef 120:8, where he writes that if somebody buys utensils for business purposes, and then lends them out to someone who will be using them for eating, the borrower need not dip them, and the Pri Chadash 120:22 and Aruch Hashulchan 120:43 agree with the Shulchan Aruch on that, even though other acharonim (including the Shach and Taz) disagree. | ||
* Regarding the restaurant owner himself, Rav Shlomo kluger (tuv taam vidaat 3:23) says that a restaurant owner doesn't need to dip, unless most of his customers will be Jewish. Yechave Daat 4:44 is lenient on this as well, even if most of the customers are Jewish, even for metal utensils.</ref> | * Regarding the restaurant owner himself, Rav Shlomo kluger (tuv taam vidaat 3:23) says that a restaurant owner doesn't need to dip, unless most of his customers will be Jewish. Yechave Daat 4:44 is lenient on this as well, even if most of the customers are Jewish, even for metal utensils.</ref> | ||
# Kosher food which was cooked in utensils which were not immersed in a mikva but is then served on dishes that were (or disposable dishes) may be eaten without hesitation.<Ref> Rama Y.D. 120:16, Igrot Moshe Y.D. 2:41 </ref> | # Kosher food which was cooked in utensils which were not immersed in a mikva but is then served on dishes that were (or disposable dishes) may be eaten without hesitation.<Ref> Rama Y.D. 120:16, Igrot Moshe Y.D. 2:41 </ref> | ||
# A guest in a home whose owner did not do tevilat kelim should not eat off the utensils but can pour the food onto plastic or paper utensils and eat the food.<ref>Sefer Tevilat Kelim 3:10 citing many poskim who hold that a guest using the utensils is like someone borrowing them and using them without tevilah.</ref> | # A guest in a home whose owner did not do tevilat kelim should not eat off the utensils but can pour the food onto plastic or paper utensils and eat the food.<ref>Sefer Tevilat Kelim 3:10 citing many poskim who hold that a guest using the utensils is like someone borrowing them and using them without tevilah.</ref> | ||
===Unsure if Toveled a Kli=== | |||
# One who is unsure if a utensil was toveled already or not should tovel it again without a bracha. Some say that it isn't necessary to tovel glass utensils in this situation, while others are strict.<ref>Sefer Tevilat Kelim 4:20 based on the Maharsham 4:48 and Ben Ish Chai (Shana Sheniya Matot). They are strict since the initial status is that they required tevila and we're strict for safek derabbanan when there's a chezat isur. However, he also notes Aruch Hashulchan 120:13 and Bet Hillel 120:2 who are lenient and don't consider tevilat kelim chezkat isur since it is really a mitzvah to do tevila. He cites Yabia Omer 2:9:10 who is lenient for glass in cases of doubt unlike Kaf Hachaim 323:47.</ref> | |||
# One who is unsure whether or not one's utensils were purchased from a Jewish owned company should immerse them without reciting the accompanying blessing.<Ref> Sefer Tevilat Kelim 4:20 based on Erech Hashulchan YD 120 and Yeshuot Yakov 120:3 are strict even for glass since one shouldn't initially rely upon safek derabbanan lkula. He also cites the Pri Chadash (cited by Pitchei Teshuva 120:11), Pri Toar 120:1, and Maharsham 4:48 who are lenient since it there isn't a chezkat isur and safek dvar sheyesh lo matirin doesn't apply if there isn't a chezkat isur. Igrot Moshe Y.D. 2:40 writes that for metal utensils certainly in a case of doubt they need tevila, for glass there is room to be lenient if it would involve excessive effort. However, one should investigate to determine if they need tevila. Also, even for metal one should investigate to see if they need tevila with a bracha. See also Igrot Moshe Y.D. 3:21.</ref> | |||
===If a Pot Got Mixed up with Others=== | ===If a Pot Got Mixed up with Others=== | ||
# If one has utensils that a majority of them had tevilat kelim and one that didn't have tevilat kelim got mixed in and it isn't discernible which didn't have tevilah, one should do tevilat kelim on all of them. If it would be a major exertion of effort ask one's rabbi as there might be what to rely on.<ref>The Teshurat Shay 2:104 writes that if a store bought utensils made by Jews and also utensils made by non-Jews and the majority are from the Jews then still the utensils need tevilat kelim. His reasoning is that it is a dvar sheyesh lo matirin since they can be put in the mikveh (similar to Shulchan Aruch YD 102:3). Even though the Maharshal Chullin 8:86 says that there's no dvar sheyesh lo matirin if an action is necessary that is qualified by the fact that nedarim are a dvar sheyesh lo matirin. Since nullifying a neder is a mitzvah it is a dvar sheyesh lo matirin even though it is an action. So too, to dip utensils in the mikveh is a mitzvah. Anyway, the Maharshal is against the Rashba Torat Habayit Haaruch 12b and Torat Habayit Hakatzar 8a, Shulchan Aruch 102:2, and Shach 102:8. [http://www.hebrewbooks.org/pdfpager.aspx?req=37782&st=&pgnum=263 Ruach Chaim YD 122:1] comes to the same conclusion. Halichot Olam v. 7 p. 276 and Darkei Teshuva 122:36 quote these poskim. Yabia Omer 2:9:3. (See Mayan Omer v. 4 p. 404 who quotes Rav Ovadia that it was only glass then one wouldn't need to actually dip it in a mikveh. In the footnote he discusses it potentially not being a dvar sheyesh lo matirin in light of the Tzlach Pesach 9b.) Nonetheless, it wouldn't be considered a dvar sheyesh lo matirin if it would cost a lot of money to do the tevilat kelim (Shulchan Aruch 102:3). Additionally, in general, Badei Hashulchan 102:33 quotes the Pri Chadash and Chayei Adam that if someone would require a great deal of effort to do it wouldn't be considered a dvar sheyesh lo matirin.</ref> No bracha should be recited.<ref>Har Tzvi 93, Shevet Halevi 4:93. See however, Divrei Dovid 2:23 who argues that one should recite a bracha since we don't accept the Tzlach we hold that it is a dvar sheyesh lo matirin and as such it isn't batel and requires tevilah.</ref> | # If one has utensils that a majority of them had tevilat kelim and one that didn't have tevilat kelim got mixed in and it isn't discernible which didn't have tevilah, one should do tevilat kelim on all of them. If it would be a major exertion of effort ask one's rabbi as there might be what to rely on.<ref>The Teshurat Shay 2:104 writes that if a store bought utensils made by Jews and also utensils made by non-Jews and the majority are from the Jews then still the utensils need tevilat kelim. His reasoning is that it is a dvar sheyesh lo matirin since they can be put in the mikveh (similar to Shulchan Aruch YD 102:3). Even though the Maharshal Chullin 8:86 says that there's no dvar sheyesh lo matirin if an action is necessary that is qualified by the fact that nedarim are a dvar sheyesh lo matirin. Since nullifying a neder is a mitzvah it is a dvar sheyesh lo matirin even though it is an action. So too, to dip utensils in the mikveh is a mitzvah. Anyway, the Maharshal is against the Rashba Torat Habayit Haaruch 12b and Torat Habayit Hakatzar 8a, Shulchan Aruch 102:2, and Shach 102:8. [http://www.hebrewbooks.org/pdfpager.aspx?req=37782&st=&pgnum=263 Ruach Chaim YD 122:1] comes to the same conclusion. Halichot Olam v. 7 p. 276 and Darkei Teshuva 122:36 quote these poskim. Yabia Omer 2:9:3. (See Mayan Omer v. 4 p. 404 who quotes Rav Ovadia that it was only glass then one wouldn't need to actually dip it in a mikveh. In the footnote he discusses it potentially not being a dvar sheyesh lo matirin in light of the Tzlach Pesach 9b.) Nonetheless, it wouldn't be considered a dvar sheyesh lo matirin if it would cost a lot of money to do the tevilat kelim (Shulchan Aruch 102:3). Additionally, in general, Badei Hashulchan 102:33 quotes the Pri Chadash and Chayei Adam that if someone would require a great deal of effort to do it wouldn't be considered a dvar sheyesh lo matirin.</ref> No bracha should be recited.<ref>Har Tzvi 93, Shevet Halevi 4:93. See however, Divrei Dovid 2:23 who argues that one should recite a bracha since we don't accept the Tzlach we hold that it is a dvar sheyesh lo matirin and as such it isn't batel and requires tevilah.</ref> | ||
# If a utensil from a Jew is mixed into a majority of utensils from non-Jews there is an obligation to do tevilat kelim with a bracha. If one is only doing the tevilat kelim on one of the utensils at one time one wouldn't recite a bracha.<ref>Teshurat Shay 2:104 writes that if the majority of the utensils are from non-Jews there is an obligation to do tevilat kelim on all of the utensils. He adds that there’s no bracha for the one which was originally from a Jew since we don’t follow rov for brachot (Zachor Lavraham OC 3:60 s.v. eych). Also, since it is a dvar sheyesh lo matirin bitul is ineffective (see Magen Avraham 513:13 quoting the Maharshal). However, there is still a bracha for the ones that are from a non-Jew.</ref> | # If a utensil from a Jew is mixed into a majority of utensils from non-Jews there is an obligation to do tevilat kelim with a bracha. If one is only doing the tevilat kelim on one of the utensils at one time one wouldn't recite a bracha.<ref>Teshurat Shay 2:104 writes that if the majority of the utensils are from non-Jews there is an obligation to do tevilat kelim on all of the utensils. He adds that there’s no bracha for the one which was originally from a Jew since we don’t follow rov for brachot (Zachor Lavraham OC 3:60 s.v. eych). Also, since it is a dvar sheyesh lo matirin bitul is ineffective (see Magen Avraham 513:13 quoting the Maharshal). However, there is still a bracha for the ones that are from a non-Jew.</ref> | ||
==Bodies of Water Fit for Immersing In== | ==Bodies of Water Fit for Immersing In== | ||
# One shouldn't dip utensils in snow. If there's no other available options one may dip glass utensils in a mikveh.<ref>Mordechai quotes the Rabbenu Shemaryahu who says that one may dip in a mikveh of snow even if it didn't melt. However, Rabbenu Eliezer argued. Bet Yosef YD 201:30 defended Rabbenu Shemaryahu but concludes that for biblical halachot one shouldn't dip a utensil in snow. Pitchei Teshuva YD 120:4 cites the Chachmat Adam who writes that for an extenuating circumstances we can rely on the Rabbenu Shemaryahu to dip utensils in snow that isn't melted. [http://www.toratemetfreeware.com/online/f_01599.html#HtmpReportNum0004_L2 Hilchot Taharat Kelim 5:7] agrees if the snow is collected in a pit.</ref> | # One shouldn't dip utensils in snow. If there's no other available options one may dip glass utensils in a mikveh.<ref>Mordechai quotes the Rabbenu Shemaryahu who says that one may dip in a mikveh of snow even if it didn't melt. However, Rabbenu Eliezer argued. Bet Yosef YD 201:30 defended Rabbenu Shemaryahu but concludes that for biblical halachot one shouldn't dip a utensil in snow. Pitchei Teshuva YD 120:4 cites the Chachmat Adam who writes that for an extenuating circumstances we can rely on the Rabbenu Shemaryahu to dip utensils in snow that isn't melted. [http://www.toratemetfreeware.com/online/f_01599.html#HtmpReportNum0004_L2 Hilchot Taharat Kelim 5:7] agrees if the snow is collected in a pit.</ref> | ||
