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‫"את כל הדבר אשר אנכי מצוה אתכם היום‬

‫תשמרו לעשות‬
"‫לא תסף עליו ולא תגרע ממנו‬
A HALACHA LEMA’ASE PUBLICATION
‫חיים שליט“א‬-‫ע“פ פסקי מו“ר הרב אליהו בן‬
‫סיון תשע“ז‬
HILCHOT YOM TOV

SWIMMING ON YOM TOV
By Elie Sadik
Introduction or to help one learn how to swim swim, since one might splash or
Swimming on Shabbat and (Rashi Beitzah 36b). This prohibition carry water in a public area
Yom Tov is a delicate subject that only applies if walls (“gidoo’dey”) (Mishna Beruah here seif katan 4).
major Poskim have do not surround the body of Since our pools are contained
comprehensively addressed water, since this phenomenon within fixed walls, the problem of
throughout the generations. There resembles a river. However, if the building a raft can be dismissed.
are several prohibitions one may body of water is contained within 2. Rechitza
potentially violate. The following a fixed structure with walls, the Regarding the issur of
discussion provides context and water is no longer considered to Rechitza, or washing oneself,
analysis of the possible be similar to a river, for one of two there is a significant distinction
prohibitions, and the conclusion reasons: the phenomenon is like between Shabbat and Yom Tov.
follows the ruling of HaRav water in a large vessel (Rashi On Shabbat, it is forbidden on
Yitzchak Yosef Shlita, current shabbat 41a), or the walls prevent a Rabbinic level to bathe one’s
Sephardic Chief Rabbi of Israel the water from extending beyond entire body in hot water, even if
and son of HaRav Ovadia Yosef -the boundaries, unlike an open the water was heated before
Z”TL. /river .2 In such a situation, the Shabbat (Gemara Shabbat 40a).
1. Building a Raft: concern of “building a raft” does The Chachamim feared this may
The Gemara (Shabbat 40b- not apply, and it would be lead to heating water on Shabbat
41a) states that one is not allowed permissible to swim in this (Mishna Berura siman 326, seif
to swim in a body of water on circumstance. Maran in Shulchan katan 1 quoting Magen
Shabbat, even if the body of Aruch (O”C Siman 339, 2) rules Avraham), which is a violation of
water is in private property. The accordingly, and seems to bishul (and hav’ara if one ignites a
Chachamim felt one may come combine both reasons fire). It is only permissible to use hot
to build a raft to use in the water, mentioned. However, if the pool is water heated before Shabbat to
perhaps due to fear of drowning1 in a public area, it is forbidden to wash one’s arms, legs, and face
‫תשמרו לעשות‬
(Shulchan Aruch siman 226, 1). Therefore, it is forbidden to swim as leads to sweating, which is a
Therefore, it is forbidden to go a form of exercise that leads to typical weekday activity and
swimming in a hot pool or jacuzzi sweat. There are 2 possible could be viewed as refuah.
on Shabbat, even if the water was reasons behind this Rabbinic However, Rav Yitzchak Yosef
heated beforehand. However, if enactment. Tosafot Yom Tov (Yalkut Yosef Shabbat chelek 2
the pool is lukewarm or cold, the (Shabbat chapter 22,6), one of page 10) dismisses this issue, since
issur rechitza does not apply, and the classic commentators of the swimming can also be viewed as
one may swim in this Mishna, claims that according to a form of leisure or as a
circumstance. [Nevertheless, Rashi, this resembles a weekday mechanism to cool off.6
Ashkenazim have a minhag not to activity, which is forbidden based 4. Squeezing (Sechita)
fully immerse themselves in a cold on the verse in Yeshaya (Chapter Water From One’s Hair
body of water on Shabbat,3 while 58, 13-14) “If you restrain your foot If one swims on Shabbat or
showering with cold water could because of Shabbat; refrain from Yom Tov, it is possible one may
be permissible me’ikar hadin4]. accomplishing your own needs on squeeze out the water from one’s
Regarding Yom Tov, there is a My holy day; if you proclaim the hair. Squeezing water out of a
major debate among the Shabbat ‘a delight,’ and soaked substance violates either
Rishonim if one may bathe in hot [proclaim] the holy [day] of the melacha of melaben7
water heated before Yom Tov in Hashem ‘honored,’ and you (Tosafot Beitzah 30a) or dash (Igrot
the privacy of one’s home honor it by not engaging in your Moshe chelek 1 Orach Chaim
(bathing in a public bathhouse is own affairs, from seeking out your siman 133), while squeezing fruits
unanimously agreed upon to be own needs or discussing the constitutes the melacha of dash
forbidden). The Sephardic forbidden. Then you will delight in (Mishna Berurah 220 seif katan 1).
Rishonim (Rif, Rambam, Ran)5 hold Hashem, and I will mount you However, the Gemara (Shabbat
that water that was heated astride the heights of the world; I 128b) states that there is no
before Yom Tov may be used for will provide you the heritage of Biblical prohibition of sechita (to
one’s entire body on Yom Tov. On your forefather Jacob, for the squeeze) by hair, since hair does
the other hand, Rashi, Rosh, and mouth of Hashem has spoken.” not easily absorb water (Rashi
Tosafot hold that water heated Our Sages derive from here that 128b). Nevertheless, squeezing
before Yom Tov may not be used one should avoid weekday water out of one’s hair is still
for one’s entire body; rather, it activities on Shabbat. Exercising, Rabbinically forbidden. Therefore,
may only be used to wash one’s which could include swimming, one may not squeeze out the
hands, face, and feet. Therefore, would therefore be forbidden. On water in one’s hair, whether with a
according to Sepharadim, the the other hand, the Rambam towel or with one’s hands.
prohibition of rechitza does not (Hilchot Shabbat 21,28) suggests However, one may use a towel to
apply here, and it is permissible to that the prohibition to rub oneself lightly “pat down” one’s hair if one
swim in a hot pool that was with great exertion (if one is doing is careful to avoid squeezing out
heated before Yom Tov. so to sweat) stems from the fact the water (Ben Ish Chai shanna
3. Exercising: that it is a form of therapeutic bet, Parashat Pekudai seif 8). As
The Mishna in Shabbat (147a) healing. Based on the Tosafot long as one avoids squeezing
states that it is prohibited to rub Yom Tov and the Rambam, it water out of one’s hair after
oneself with great exertion if one is might seem that one may not go swimming, sechita does not pose
doing so to sweat (Shulchan swimming on Shabbat because a problem.
Aruch O”C siman 228,42). swimming is a form of exercise that
2
‫תשמרו לעשות‬
5. Removing Hair from One’s
Head or Beard squeeze out the water to remove does not mind if it gets soaked
The Gemara (Shabbat 94b) the dirt. Some poskim hold that does not fall under this Rabbinic
states that removing hair form “soaking a substance is prohibition. Furthermore, Rav
one’s body with a utensil is considered laundering”8 which Yitzchak Yosef holds any article of
Biblically forbidden (violating the could pose a problem for wiping clothing designated to become
melacha of gozez), since this is the oneself with a towel after wet also does not fall under this
standard way to remove hair swimming, since the towel is issur. Chacham Eliyahu Ben-Haim
(Rashi here). However, it is becoming wet. However, Rav Shlita rules one should wear nylon
Rabinically prohibited to remove Yitzchak Yosef rules9 that this is clothing when swimming on
hair from one’s body with one’s only true if the clothing is filthy. Shabbat, since there is no issur
hands. If one wipes one’s head or Furthermore, when a person dries sechita by such clothing11.
beard after swimming, one may himself with the towel, the towel is Therefore, as long as one wears
unintentionally pluck out some becoming dirtier than it was clothing designated to become
hairs, violating the melacha of before it was used, which does wet (like a bathing suit), this
gozez. Nevertheless, there is a not constitute the prohibition of prohibition does not pose a
strong possibility no hairs will be melaben10. For this reason, it is also problem.
removed (meaning it is most likely permissible to wipe one’s wet 8. Carrying water
a Davar She’eno mitkaven, which hands with a towel; even though Maran in Shulchan Aruch (O”C
is permissible). Furthermore, even the towel is absorbing water, it is siman 326,7) rules that if a person
if wiping inevitably leads to “derech tinuf,” meaning the end washes himself in a river, he must
removing hair (psik reisheh), one result is that the towel becomes immediately wipe himself before
does not care about this outcome dirty. Therefore, the problem of walking outside of the river,
(psik reisheh de’lo ichpat leih). We melaben does not apply to otherwise he might carry the
have a general rule: if an action people wiping themselves after water on his body in a public area,
inevitably leads to a rabbinic swimming. violating the prohibition of
prohibition that one does not 7. Soaking Clothing Could hotza’ah. Rav Moshe Feinstein
desire or care about (psik reisheh Lead to Squeezing (Igrot Moshe section 2 Even
de’lo nicha/ichpat leih be’issur Maran HaRav Yosef Karo (Bet Ha’ezer siman 13) applies this
derabanan), the action is Yosef O”C Siman 302) rules based ruling to our pools today.
permissible. Therefore, as long as on a Gemara (Shabbat 113b) that However, Rav Yitzchak Yosef
one does not intentionally rub to it is prohibited to purposely soak (Yalkut Yosef Shabbat chelek 2
remove hair, one does not need clothing on Shabbat, since one page 10) claims that people
to worry about removing hair might squeeze water from the usually wipe themselves before
while drying oneself with a towel. clothing and violate the going out into the public, and our
6. Cleaning/Laundering the prohibition of sechita. Based on pools are in private property (as
Towel this, it is prohibited to go swimming oppose to the rivers in the times of
It is prohibited to wash clothing with regular clothing that absorb Maran). Therefore, if one is careful
(melaben) on Shabbat and Yom water easily. However, the Mishna to wipe oneself, the prohibition of
tov. For example, it is forbidden to Berura (siman 201 seif katan 173) carrying water is not applicable to
pour water on a dirty shirt and rules that any clothing that one swimming.

3
‫תשמרו לעשות‬

SUMMARY:

If one avoids the following prohibitions, it is technically permissible to swim on Shabbat and Yom
Tov:
 Exercising to sweat
 Swimming in a body of water without walls, like a river
 Squeezing water from one’s hair
 Intentionally wiping oneself to remove hair
 Wearing clothing not designated to become wet (unlike a bathing suit)
 On Shabbat, swimming in hot water. On Yom Tov, swimming in hot water that was heated
on Yom Tov itself.
 Carrying water into public property

Nevertheless, due to the many potential prohibitions involved, Rav Yitzchak Yosef rules it is
preferable not to swim on Shabbat or Yom Tov.

ENDNOTES

(1) See Piskei HaRid 40,2
(2) See Ran in the da’pei HaRif here
(3) Terumat Hadeshen siman 255 and Mishna Berurah siman 326 seif katan 21
(4) Igrot Moshe part 4 Orach Chaim siman 75
(5) See article “Showering on Shabbat” by Avraham Ben-Haim
(6) See gemara Beitzah 18a, “adam nir’eh ke’mekar”
(7) See Rambam Shabbat perek 2 halacha 11
(8) See Tosafot Beitzah 18a
(9) See Yalkut yosef Shabbat chelek 2 page 10
(10) See Tosafot Beitzah 18a, which gives background to “derech tinuf”
(11) See Yalkut Yosef Shabbat chelek 2 page 10

4
‫תשמרו לעשות‬
COOKING WITH MODERN APPLIANCES
By Sammy Banilivy
Tov. There are, however, certain temperature of such stoves and
The Torah in Sefer Shemot1 when situations when doing so may be ovens may be turned up for
speaking about the holiday of permitted for cooking purposes. If cooking purposes because doing
Pesach tells us ‫"אך אשר יאכל לכל‬ the food is cooking on a gas fire so does not ignite a new flame but
."‫ נפש הוא לבדו יעשה לכם‬The and, because the flame is too rather extends an existing one.
Torah permits Havara (kindling a high, the food will burn, one would The temperature may be turned
fire) on Yom Tov. However, Chazal be permitted to lower the flame. down only if one is using the flame
forbid creating fire from scratch However, some Poskim rule that to cook food and the food will
on Yom Tov. Thus, when we light this leniency applies only when a burn, as explained above.
something on Yom Tov, we light it different flame is not available or
Category 2:
from a preexisting flame. The cannot be ignited in a permissible
Halacha forbids, however, manner.7 Others disagree and rule Electronic Ignition system. The
burning incense on Yom Tov.2 that lowering the flame to prevent basic principle is that they use a
food from burning is permissible thermostat to send power to an
Why is incense burning not even if an alternative flame is igniter. Power flows through the
permitted on Yom Tov? available.8 It should be noted that igniter which heats to a glow or
there are Sephardic poskim9 that creates sparks and a flame. Gas is
The reason is that the Halacha permit turning off the flame of a then allowed to flow to the burner.
does not permit burning that is not Gas appliance in a situation of In these cases, electricity is
“Shaveh LeChol Nefesh,” need using alternative methods. involved only in creating the initial
something that is not customarily
flame but not thereafter. This is the
enjoyed by all. Food, as opposed How does one turn off a gas common mechanism of gas
to incense, does fall under this stove? A pot should be filled with stoves.
category. Burning incense is water and placed on the fire until
regarded as “exotic” and is not It follows, therefore, that it is
it boils and by doing so, the water
included in the permission of forbidden to turn on this flame on
will overflow and spill onto the fire,
Havara on Yom Tov. Yom Tov. However, if the initial
thereby extinguishing it. After the
flame was ignited before Yom
Creating a Fire flame is extinguished, one can
Tov, temperature control could be
then turn off the stove to prevent
On Yom Tov it is forbidden to ignite governed by the same principles
gas from leaking into the house.
a new flame/fire in any manner. as the first category.
One may not strike a match or Gas Stoves and Ovens
In other cases, common in
turn on an electric flame or light.3,4 Category 1: modern day ovens, power must
Transferring from an existing flame continually flow through the
Pilot ignition system. This category
igniter for gas to be released into
Under most circumstances it is includes stoves and ovens that
the oven burner to create a
permitted to transfer a fire for a operate using a functional gas
flame. Once the set temperature
Yom Tov purpose,5 as long as the flame (pilot light) that is on all the
is achieved, the control stops all
transfer falls under the category of time. Such stoves and ovens are
power to the ignition circuit that
something that is ,‫שוה לכל נפש‬ commonly used in caterer’s
causes the igniter to turn off,
which includes cooking. For kitchens. Many older stoves and
stopping any burner flame.
example, it is permitted to transfer ovens also work on this type of
Cycling on and off continues to
a fire from a pre-lit Yaartzeit system. This system maintains a fire
maintain the specific temperature
candle to a barbeque grill. that stays lit all the time and when
the control is set for. One would
the oven thermostat is turned up,
On the other hand, it is not be able to turn on or adjust the
a gas flow is sent to the stove or
generally forbidden to extinguish temperature on Yom Tov as it
oven burner where the pilot flame
or even to lower6 a flame on Yom involves starting or stopping the
ignites the gas. Therefore, the
5
‫תשמרו לעשות‬
flow of electricity. aforementioned issues may be Miscellaneous Appliance
circumvented by calling an Concerns
Electric Stoves and Ovens
electrician to install an indicator
There are a few more significant
Electric stoves and ovens use a light which turns on when there is
concerns pertaining to modern
thermostat to control the flow of a flow Similarly, when the light is
day appliances that use
electricity to the element. The way off, the temperature may be
electricity. Firstly, when oven doors
it works is that a higher lowered because it does not stop
are opened there is an immediate
temperature reading enables the the electric flow, rather, it simply
cooling of the internal oven
electric current for a longer period extends the duration of the down
temperature. This can cause the
before going off and then on time. of electricity to the burner
electric current to start again to
again when the thermostat senses and off when the flow stops. Many
properly re-heat the oven.
that the temperature has lowered of the older ovens were already
Similarly, when an oven door is
beneath the desired reading. In built with this kind of indicator light
closed, the sudden preservation
simpler terms, changes to the near the controls. When the light is
of heat may cause the electric
temperature reading on an on, the temperature may be
current to stop. There is a debate
electric appliance causes a start raised because turning the dial
in the Poskim on this matter, with a
and stop of the flow of electricity. does not start an electric flow,
large amount leaning towards it
Since adjusting the temperature Similarly, when the light is off, the
not being a concern.10
involves starting or stopping the temperature may be lowered
Furthermore, many ovens
flow of electricity/current, because it does not stop the
incorporate digital controls to
adjusting the temperature is electric flow, rather, it simply
increase and decrease
forbidden on Yom Tov. extends the duration of the down
temperature instead of the older
time. Rather, it simply ensures a
Electric Indicator Lights mechanical controls. IT IS
greater duration of the existing
PHROHIBITED TO USE DIGITAL
If you are using a mechanical flow.
CONTROLS ON SHABBAT AND
electric oven or stove, some of the YOM TOV.

SUMMARY

 Gas Stove/Oven- Only if previously turned on, it is permissible to raise and lower the temperature.
When lowering a Gas stove, please refer to instructions discussed above.

 Electric Stove/ Oven- Even if previously turned on, it is prohibited to raise or lower the temperature
because by doing so you are starting and stopping the flow of electricity.

ENDNOTES
‫טז‬,‫( שמות י"ב‬1)
‫(ביצה כב עמוד ב שולחן ערוך אורח חיים סימן‬2)
‫(שולחן ערוך אורח חיים סימן תקב סעיף א‬3)
‫(חזון עובדיה הלכות יום טוב דף נג‬4)
‫ ביצה כא‬,‫(עיין תוספות שבת לף לט‬5)
‫(שולחן ערוך סימן תקיד הלכות יום טוב‬6)
‫(עיין רמא סימן תפקיד סעיף א‬7)
‫קג‬,‫ ד‬, ‫קטו‬,‫ אח א‬,‫(איגרות משה‬8)
‫(חזון עובדיה הלכות יום טוב דף נח‬9)
‫( ילקוט יוסף דף רעג‬10)

6
‫תשמרו לעשות‬
CLAPPING & DANCING ON YOM TOV
By Elie Sadik
“Permissible Forms of Clapping the context of music and singing.
Background and Dancing”). The Chachamim did not apply
these restrictions to Simchat Torah.
The Mishna in Beitzah (36b) Shulchan Aruch and Psak
explicitly states that one may not Halacha Practical Applications of the
clap (me’tapchin), slap one’s Aforementioned Prohibitions
thigh (me’sapkin), or dance Maran in Shulchan Aruch (Orach
(me’rakdin) on Shabbat and Yom Chaim siman 339, 3) rules like the As mentioned above, the
Tov. The Gemara explains that the previously quoted Mishna: it is prohibition to clap, snap one’s
Chachamim instituted this forbidden to clap, slap one’s fingers, and slap one’s thigh only
prohibition because they feared thigh, or dance on Shabbat and applies in the context of singing
one may inadvertently build or fix Yom Tov. He also asserts that one and music. However, if one is
a musical instrument while may not bang one’s hand/finger doing so for other reasons, it is
engrossed in these actions, on a table/floor; similarly, it is permissible to do so. The following
violating the melacha of makeh forbidden to snap one’s fingers. Halachot reflect this rule.
be’patish (see Rashi here and Nevertheless, he adds, one may
Shabbat 47a). The Ohr Zarua clap in an abnormal manner, It is forbidden to clap (in the
(quoted in the hagah in the Rosh) such as clapping with the back of context of music or singing), slap
defines dancing as lifting one’s one’s hand (based on Rambam one’s thigh (in the context of
foot in the air while the other foot Hilchot Shabbat, perek 23 music or singing), or dance on
stays on the ground. See below for halacha 5). However, the Rama Shabbat and Yom Tov.
a practical application of this here states that according to
idea. some opinions (Tosafot quoted It is forbidden to bang on a table
above) it is permissible to clap, with a utensil (such as a spoon or
However, Tosafot (Beitzah 30a) slap one’s thigh, and dance, and fork) to a beat or song (Yalkut
asserts that this Rabbinic many rely on this opinion. The Yosef Shabbat Part 5, page 68).
prohibition only applied in the Rama quotes this opinion as
times of the Chachamim, where “some say” (yesh om’rim), One may not snap one’s fingers to
people were acquainted with implying that he himself does not a song or beat (Shulchan Aruch,
building musical instruments. rule accordingly. Orach Chaim siman 339, 3).
Therefore, since we are no longer
familiar with building these Rav Yitzchak Yosef (Yalkut Yosef Permissible Forms of Clapping and
instruments, it is permissible to clap Shabbat Part 5, page 84), current Dancing
(in a musical manner), slap one’s Sephardic Chief Rabbi of Israel
thigh (in a musical manner), and and son of Rav Ovadia Yosef Z’TL, As a general rule, any form of
dance on Shabbat on Yom Tov. rules like Maran in Shulchan Aruch. clapping, snapping one’s fingers,
Therefore, it is forbidden to clap (in or slapping one’s thigh is
It is important to note that the context of music or singing), permissible if they are not done in
previously mentioned prohibition slap one’s thigh (in the context of the context of music or singing.
to clap and slap one’s thigh music or singing), or dance on The following Halachot reflect this
specifically applies in the context Shabbat and Yom Tov. rule:
of music or singing. If one is doing
so for other reasons, such as However, according to all It is permissible to clap if one is
applauding in response to an opinions, it is permissible to clap, applauding, as oppose to
inspiring Dvar Torah, it is permitted slap one’s thigh and dance on clapping to a beat or a song.
to do so (see the section below Simchat Torah (Mishna Berurah Similarly, it is permissible to clap to
Siman 339, seif katan 8), even in get another person’s attention or

7
‫תשמרו לעשות‬
to wake somebody up (Yalkut one’s intention is to silence a circle (Yalkut Yosef Shabbat Part
Yosef Shabbat Part 5, pages 67- crowd (Yalkut Yosef Shabbat Part 5, page 86). Based on the Ohr
69). 5, page 68). Zarua mentioned in the
introduction, this phenomenon is
The same halachot apply to One may clap in an abnormal not considered dancing.
snapping. One may not snap to a manner, such as clapping with the
beat or song, but one may snap back of one’s hand (Shulchan It is permissible to clap (in a
for other reasons, such as getting Aruch, Orach Chaim siman 339, musical manner), slap one’s thigh
another person’s attention (Yalkut 3). (in a musical manner), and dance
Yosef Shabbat Part 5, page 70). on Simchat Torah (Mishna Berurah
It is permissible to “circle dance” Siman 339, seif katan 8).
One may bang on a table with a on Shabbat and Yom Tov, where
utensil (such as a spoon or fork) if people hold hands and walk in a

‫לעילוי נשמת האשה הכשרה שגדלה בניה ובנותיה בדרכי התורה‬
‫ציון ע"ה‬-‫ורדה בת בן‬

8
‫תשמרו לעשות‬

SHOWERING ON YOM TOV
By Avraham Ben-Haim
they were using the natural hot forbidden on a Torah level to
The prohibition of bathing in hot springs, so the rabbis forbade that warm up water on Yom Tov to use
water on Shabbat too, and only permitted bathing in for a full-body shower.3
cold water. They saw that people
Heating water on Shabbat is could not sustain this prohibition, The Rambam4 understood that
forbidden under the melacha of so they permitted natural hot washing daily is in fact considered
bishul (cooking).1 It goes without springs, but steaming and shaveh lechol nefesh, and in
saying that water that was heated washing in the bathhouse with theory it should be permissible to
on Shabbat in violation of water that was heated before heat up water on Yom Tov to take
Shabbat may not be used to Shabbat remained forbidden.” a full-body shower. However, the
bathe. Water that was heated (Shabbat 40a- loosely translated). rabbis forbade it on a
before Shabbat may be used to derabannan level like they did on
wash one’s arms, legs, and face Thus, it is forbidden on a rabbinic Shabbat, so that the bathhouse
(or other individual parts, such as level to bathe one’s entire body caretakers should not come to
washing just one’s underarms or on Shabbat, even if the water was heat up water on Shabbat like
part of one’s body) but not one’s heated before Shabbat. It is only they do on Yom Tov.
entire body, even if it is not done permissible to wash one’s arms,
all at once. This prohibition of legs and face (or other individual Thus, based on the Mishnah in
washing one’s whole body with body parts) but not one’s whole Betzah, both the Rambam and
water that was heated before body. the Tosafot agree that it is
Shabbat is a Rabbinic prohibition forbidden to heat up water on
(mi’derabannan). The Gemara in Does this apply to Yom Tov too? Yom Tov itself to take a full-body
Masechet Shabbat quotes a shower,5 but differ on whether this
berayta which explains why this The Mishnah in Masechet Betzah prohibition is derabannan or
prohibition was enacted and how (21b) says that one may only heat deorayta.
it developed: water on Yom Tov to wash one’s
arms, legs and face. It is clear from Water that was heated before
“Originally, it was permissible to the Mishnah that it is forbidden to Yom Tov
wash with water that was heated wash one’s whole body with
before Shabbat. The bathhouse water that was heated on Yom
The discussion until now pertained
caretakers began heating water Tov. There is a dispute among the
to water that was heated on Yom
on Shabbat, claiming that it was Rishonim regarding the reason for
Tov itself. There is a major debate
heated before Shabbat, so the this prohibition.
among the Rishonim if water that
rabbis forbade washing with The Tosafot2 explain that although
was heated before Yom Tov may
water that was heated before it is permissible to cook on Yom
be used for a full-body shower on
Shabbat too, but still permitted Tov, this is only true if the cooking
Yom Tov. The Rif,6 Rambam,7 and
steaming in the bathhouse. benefits a person in a manner
Ran8 all hold that water that was
People continued to wash in the which is shaveh lechol nefesh- all
heated before Yom Tov may be
bathhouse, and would claim that people enjoy this benefit equally.
used for a full-body shower on
they were only visiting the Showering daily, however, is a
Yom Tov (on condition that it takes
bathhouse for a steam, so the practice that only “spoiled”
place in one’s home and not in
rabbis prohibited steaming too, individuals partake in, and is not
the bathhouse9). Rashi,10 the
but still permitted washing in considered necessary for all
Rosh11 and the Tosafot12 hold that
natural hot springs. People people. Most people only feel a
water heated before Yom Tov
continued to wash in the need to wash their arms, legs, and
may not be used for a full-body
bathhouse and would claim that face daily. Therefore, it is
shower.
9
‫תשמרו לעשות‬
The Ran13 explains that this Yom Tov too. He utilizes an as one usually would.20 However,
machloket is intrinsically argument called mima nafshach one must be careful to not dry
connected to the first one. Since (either/or). We know that one’s hair with a towel in the usual
the Rambam holds that water according to the Torah, there manner, and must instead pat it
that was heated on Yom Tov itself should only be one day of Yom gently or let it air-dry.21
is only forbidden miderabannan, Tov, but outside of Israel the
Lukewarm showers
we do not extend the prohibition practice is to observe two days of
to water that was heated before Yom Tov because in the times of
Another option for showering on
Yom Tov. The Tosafot, however, the Sanhedrin they did not have
Yom Tov is to take a lukewarm
understand that water that was predetermined calendars and the
shower. The rabbinic prohibition to
heated on Yom Tov is prohibited Jews who lived outside of Israel
shower on Yom Tov only included
mideorayta, which would make it did not know exactly which day
bathing in hot water. Bathing in
analogous to Shabbat. Just like Yom Tov would fall out on. That
lukewarm water, however, is
water heated before Shabbat is means that even though both
permitted. Rav Moshe Feinstein
prohibited miderabannan, so too, days must be observed, they
writes22 that the temperature of
water that was heated before cannot both be Yom Tov. EITHER
the water must be slightly cooler
Yom Tov is prohibited.14 the first day was “really” Yom Tov,
than what most people are
which means that the second day
comfortable showering with. Rav
Lehalacha, Maran Harav Yosef is chol and one may therefore
Ben-Sion Abba Shaul estimates23
Karo15 ruled in accordance with shower however one wants. OR,
that this is around 95o F, which is
the Rif, Rambam and Ran. the second day is “really” Yom
slightly cooler than one’s body
Therefore, it is permissible for Tov, which means that the water
temperature. As mentioned
Sepharadim to take regular, full- which was heated up yesterday
above, one may use soap and
body showers on Yom Tov with was “really” heated up before
shampoo as one usually would.
water that was heated from Yom Tov, which according to
However, one must be careful to
before Yom Tov. Rav Moshe Sepharadim may be used now!
not dry one’s hair with a towel in
Isserles16 ruled like Rashi, the Rosh Although we must observe both
the usual manner, and must
and the Tosafot, and based on his days as if we don’t know which
instead pat it gently or let it air-dry.
ruling, it would seemingly be day is “really” Yom Tov, they
prohibited for communities who cannot both be Yom Tov, so no
follow his ruling to take a full-body, matter which day is the “real”
hot shower on Yom Tov, even if Yom Tov, it is permissible (if one
the water was heated before Yom has a regular boiler in their home
Tov.17 and not a tankless water heating
system) to use the hot water that
Showering on the second day of
was heated up on the first day of
Yom Tov (outside of Israel) Yom Tov to take a full-body hot
shower on the second day of Yom
It is true that today, the leniency to
Tov of any of the chagim except
use hot water heated up before
for Rosh Hashana.19 (Rosh
Yom Tov is not very helpful. Most
Hashana, however, is treated as
people shower immediately
one long day of Yom Tov, and
before Yom Tov begins, and water
water that is heated on the first
heated from before Yom Tov only
day is still prohibited on the
lasts for a few hours into Chag. second.) Thus, on the evening of
However, based on this leniency,
the second day of Yom Tov, one
Rav Ovadia Yosef zt”l writes18 that
may shower regularly until the first
it is permissible to take a shower on
boiler of water that was heated
the second day of Yom Tov with
from before nightfall is used up.
water that was heated on the
One may use soap and shampoo
previous day, even though it was
10
‫תשמרו לעשות‬

‫‪SUMMARY‬‬

‫‪ Water that was heated on Shabbat may not be used at all. Water that was heated before‬‬
‫‪Shabbat may be used to wash one’s arms, legs and face (or other individual body parts, like one’s‬‬
‫‪underarms). One may not take a full-body hot shower on Shabbat.‬‬

‫‪ Water that was heated on Yom Tov may be used to wash one’s arms, legs and face, but not‬‬
‫‪one’s whole body.‬‬

‫‪ Water that was heated before Yom Tov may be used to take a full-body hot shower.‬‬

‫‪ Water that was heated on the first day of Yom Tov may be used on the second day of Yom Tov‬‬
‫‪(for any holiday other than Rosh Hashana) to take a full-body hot shower.‬‬

‫‪ One may shower in lukewarm water, which is slightly cooler than the temperature that is usually‬‬
‫‪used to shower (slightly below body temperature).‬‬

‫‪ One may use soap and shampoo when showering on Yom Tov. However, one may not use a‬‬
‫‪towel to dry one’s hair on Yom Tov and must instead let it air-dry.‬‬

‫‪ENDNOTES‬‬
‫שלחן ערוך סימן שיח סעיף יד‬ ‫‪)1‬‬
‫ביצה דף כא ע"ב ד"ה לא יחם אדם‬ ‫‪)2‬‬
‫כך הבין הר"ן (ביצה דף יא ע"א בדפי הרי"ף) את דברי התוספות‪ ,‬וכן כתב הרא"ש (שבת פרק שלישי סימן ז')‬ ‫‪)3‬‬
‫בשם ריב"א שאסור לעשות הבערה מה"ת בשביל רחיצת כל גופו‬
‫פרק א מהל' יו"ט הל' טז‬ ‫‪)4‬‬
‫מדברי הר"ן בביצה מבואר שאפילו להתרחץ בביתו ולא במרחץ אסור‪ ,‬שהרי מים שהוחמו מערב יו"ט לא התיר‬ ‫‪)5‬‬
‫הר"ן אלא בביתו ולא במרחץ‪ -‬משמע שמים שהוחמו ביו"ט אסור בכל מקום‪.‬‬
‫ביצה דף יא ע"א בשם גאון‬ ‫‪)6‬‬
‫פ"א מהל' יו"ט הל' טז‬ ‫‪)7‬‬
‫ביצה דף יא ע"א בדפי הרי"ף ד"ה ועושה אדם מדורה‬ ‫‪)8‬‬
‫ר"ן שם‬ ‫‪)9‬‬
‫ביצה דף לב ע"א ד"ה מי שרי‬ ‫‪)10‬‬
‫שבת פרק שלישי סימן ז‬ ‫‪)11‬‬
‫כמו שהסביר הר"ן לשיטתם (שבת דף יח ע"ב בדפי הרי"ף ד"ה ולענין יו"ט)‬ ‫‪)12‬‬
‫שבת דף יח ע"ב בדפי הרי"ף ד"ה ולענין יו"ט‬ ‫‪)13‬‬
‫לפי דברי הר"ן‪ ,‬לא מובן לי דברי הגר"ע יוסף זצ"ל בחזון עובדיה יום טוב עמוד מא שהתחיל דבריו בשיטת‬ ‫‪)14‬‬
‫התוספות‪ ,‬וכתב בזה"ל‪ :‬אבל כדי לרחוץ כל גופו אסור שאין זה הנאה לכל נפש‪ .‬ע"כ‪ .‬ומיד אח"כ פוסק כמו‬
‫הרי"ף והרמב"ם ומרן שמים שהוחמו מעיו"ט מותר לרחוץ בהם כל גופו ביו"ט‪ .‬ולפי דברי הר"ן‪ ,‬שיטות אלו‬
‫סותרים זו את זו‪ ,‬שלשיטה שסוברת שרחיצת כל גופו אינה נקרא שוה לכל נפש‪ ,‬חימום המים ביו"ט לרחוץ כל‬
‫גופו אסור מה"ת‪ ,‬וא"כ היינו גוזרים על חמין שהוחמו מעיו"ט כמו שגזרו בשבת‪.‬‬
‫בית יוסף או"ח סי' תקיא ד"ה והאגור כתב ובשו"ע שם סעיף סעיף ב‬ ‫‪)15‬‬
‫שם בהג"ה‬ ‫‪)16‬‬
‫שמעתי שיש רבנים שמתירים גם לאשכנזים שכוון שהיום כולם רגילים להתרחץ בכל יום גם בעלי התוספות יודו‬ ‫‪)17‬‬
‫שנחשב כדבר השוה לכל נפש בזמנינו‬
‫חזון עובדיה יום טוב עמוד קנז‬ ‫‪)18‬‬
‫כשיטת הראב"ד בהל' יו"ט פ"ו הל' טו שגם היום אפשר לומר סברת ממ"נ על שני ימים טובים של חו"ל‪ .‬וכן פסק‬ ‫‪)19‬‬
‫מרן בשו"ע או"ח סי' תקכז סע' כב‪ .‬ואפילו להרמב"ם שפסק שאין לערב היום על תנאי (הל' יו"ט פ"ו הל' טו)‪,‬‬
‫אפשר שגם הוא יודה כאן שמותר כמו שכתב בדרכי משה (או"ח סימן תקכח ס"ק ב) וז"ל‪ :‬דלא קאמר הרמב"ם‬
‫אלא לענין ערוב דצריך להתנות ולומר "אם היום חול וכו'" אבל בביצה (וכן בנ"ד) שאין צריך שום אמירה אפילו‬
‫בזמן הזה שרי‪ .‬ע"כ לשון הרמ"א בדרכי משה‪.‬‬
‫יחוה דעת ח"ב סימן נ‬ ‫‪)20‬‬
‫אע"פ שאנו סוברים שאין סחיטה בשער‪ ,‬היינו מדאורייתא‪ ,‬אבל עדיין אסור מדרבנן (משנה ברורה סימן של ס"ק‬ ‫‪)21‬‬
‫ז ובן איש חי שנה ב' פרשת פקודי אות ח)‪.‬‬
‫‪11‬‬ ‫אגרות משה או"ח ח"ד סימן עד עמוד קמד‬ ‫‪)22‬‬
‫אור לציון ח"ב עמוד רנא‬ ‫‪)23‬‬
‫תשמרו לעשות‬

MILK & MEAT IN THE SAME OVEN
By Sammy Banilivy
Zeiah - Steam That Emerges Zeiah discusses an example of an
from Food enclosed area "such as a very
Reicha – Aroma Emitted by small oven in which a pot is
Food The problem of cooking milk and placed and upon it is placed a
meat consecutively in the same second pot - the Zeiah rises and
The Gemara1 records a debate oven brings us to the issue of Zeiah fills the area because it does not
between Rav and Levi whether - steam emitted from food. The have a place to escape." The
Reicha Milta or Reicha Lav Milta - Shulchan Aruch cites the Teshuvot scope of Reicha, however, is not
is the emitted aroma from food HaRosh6 that if one placed a pan limited to such a situation. When
Halachically significant or not? Let of milk under a pot of meat, and discussing the issue of Reicha, the
it be known that the case Gemara the emerging steam from the milk Talmud does not mention the issue
speaks of is a case of Kosher meat pot gets absorbed into the meat of Zeiah because it is not speaking
cooked in the same oven with, pot, the meat is forbidden for about a situation of cooking both
but without touching, non-Kosher consumption. The Rosh cites the foods in a small, enclosed area.
meat. According to Rav, Reicha is source for Zeiah being The Aruch Hashulchan concludes,
Halachically significant. Levi, Halachically significant as being "but when cooking in an open
however, rules that the meat the Mishna in Masechet area which has air such as in our
remains Kosher because Reicha is Machshirim7, which states that the ovens, the Zeiah rises in the air and
not Halachically significant. steam that rises from a bathhouse does not prohibit the pot that is
The Rambam23 rules that Levi's that is ritually unclean is itself close to it." It should be noted that
is the Halachically accepted ritually unclean. We see from this the Badei Hashulchan9 points out
opinion. There are others4 who Mishna that the steam that rises that Rama 9 seems to contradict
state that the Halacha follows the from something retains the status this creative logic of the Aruch
opinion of Rav. It should be noted of the item from which it emerged. Hashulchan. The Rama writes of
that even those who do conclude Thus, steam that rises from milk is the possibility of Zeiah when meat
that Levi is the accepted opinion considered by Halacha to be milk. is hung above pots of cooking
would agree that he does not An important question needs milk. Therefore, it is more than fair
permit one to deliberately to be raised at this point. In the to assume that the Rama has a
(Lechatchila) Perform this action previous discussion of Reicha, worry for Zeiah even if the cooking
action. Levi only permits when the Talmud discusses Kosher area is not confined and closed.
(B'dieved), after the fact. meat being cooked The Pitchei Teshuva10 cites a
The Shulchan Aruch5 rules like simultaneously with non-Kosher suggestion that maybe the
Levi that Reicha is not meat, there is a concern for concern of Zeiah only applies to
Halachically significant. The Rama Zeiah.10 Why is the Shulchan Aruch steam that emerges from liquids
adds a series of stringent rulings on suddenly concerned for Zeiah? but not from solid food. This would
this issue, but ultimately rules like potentially clear up our question
Levi that Reicha is not The Aruch Hashulchan8 writes that on why the Gemara does not
Halachically significant. Zeiah is a relevant concern only in mention the concern of rising
a small, enclosed area and not in steam, when discussing Reicha,
an open area. He mentions that because our case mentioned in
the case in the Shulchan Aruch the Gemara was referring to a
where Maran is concerned for case of solid food.

‫ פסחים עו עמוד ב‬1 ‫ שלחן ערוך יורה דעה סימן קח סעיף א‬5 ‫פ‬:‫בדי השולחן צב‬ 9

‫לג‬:‫ מאכלות אסורות טו‬2 ‫כו‬:‫ תשובות הראש כ‬6 ‫ו‬:‫סימן צב‬ 10

‫ ריף במסכת חולין דף לב עמוד א‬3 ‫ב‬:‫ מסכת מכשירין ב‬7
‫ תוספות מסכת פסחים דף עו עמוד ב‬4 ‫נה‬:‫ סימן צב‬8
12
‫תשמרו לעשות‬
Rav Moshe Feinstein11 suggests Zeiah.” According to Rav Moshe's problem if a pot is covered. In
a leniency even if the Zeiah approach, one may say that the addition, Rav Moshe (as
emerging from solid foods is Gemara is speaking of a situation mentioned previously) rules that
considered Halachically where the meat did not emit one should be concerned that
significant. He dissects from the steam, and therefore the Talmud solid food emits Zeiah only if one is
language of Rama12 that one makes no mention of Zeiah. Rav aware that it has done so.
does not have to assume that Moshe also indicates that one
Zeiah emerges from solid foods as may cook milk and meat
one must when dealing with liquid consecutively in one oven if either
foods. “Only when we see that the milk or meat pots are covered.
solid food emits steam do we This is based on the Rama13, who
have to be concerned with states Zeiah does not constitute a

SUMMARY

One should strive to have and use separate ovens for meat and dairy in their residences. But, with
regards to our modern-day ovens, in cases of NEED, meat and milk may be used consecutively if the
following is done:
1. Covering the items with at least 1 or 2 coverings
2. The roof of the oven is cleaned/wiped off thoroughly before usage to take away any concerns
residue.

‫אגרות משה יורה דעה מ‬ 11 ‫עיין רמא סימן קח סעיף א‬ 12 ‫ רמא סימן צב סעיף ח‬13
13
‫תשמרו לעשות‬

ABOUT THE AUTHORS

Avraham Ben-Haim is a student at Yeshiva University’s Rabbi Isaac Elchanan
Theological Seminary where he studies under his father, Harav Eliyahu Ben-
Haim Shlit”a. He has worked on several other books which are currently
pending publication, including a practical guide to Hilchot Avelut titled
Shenot Haim, co-written with his chavruta Rabbi Mosheh Aziz. Beginning this
fall, he will be studying medicine at NYIT.

Elie Sadik is currently studying in the Marcos and Adina Katz Kollel under the
guidance of Harav Hershel Shachter Shlita, Rosh Yeshiva at Yeshiva University.
A Los Angeles native, Elie received his degree in Biology from Yeshiva
University. He is currently studying for smicha under Harav Eliyahu Ben-Haim
Shlita, and plans to pursue a career in medicine.

Sammy Banilivy is a graduate of Yeshiva University and a musmach of Harav
Eliyahu Ben-Haim Shlita. After completing his undergraduate degree, he
returned to Israel to study in Darchei L’Horaah Rav Mordechai Eliyahu Kollel.
He is currently working as an accountant.

For questions about this publication, or to contact the authors, please email:
SammyBanilivy@gmail.com

Sivan 5777 [Edition 1, Volume 1]

14