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Tevilat Keilim: Difference between revisions
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# 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> | ||
===Lifnei Iver=== | |||
#There is a discussion if selling a kli which doesn't have tevila to someone you know won't do tevila is forbidden because of lifnei iver.<Ref>Is it lifnei iver to sell a kli to another Jew that you know isn’t going to tovel it? Rav Shlomo Zalman (Minchat Shlomo 1:35:2) writes that it depends if there’s an isur derabbanan to use a kli that doesn’t have tevila or just it is a bitul mitzvah. If it is just a bitul mitvzah, then there’s no lifnei iver, since it isn’t a chefsa of isur. He compares this to Ritva (bm 5b and az 6b) who writes about giving an animal to a goy before their holiday or an animal to a shepherd since they don’t have to use it for an isur and they were going to do the aveira anyway it isn't lifnei iver. However, if it is an isur to use without tevila then there’s lifnei iver. In Minchat Shlomo 2:68, he was asked about Ritva Sukkah 10b who writes that there’s lifnei iver even for a mitzvah aseh. Rav Shlomo Zalman answers that he's only lenient if it is transferred to the other person's domain like by selling it to him and also only if it is possible he won't violate the halacha.</ref> | |||
==Bodies of Water Fit for Immersing In== | ==Bodies of Water Fit for Immersing In== | ||
