From the Rav’s Desk – Q&A on mens Mikveh

Is an aboveground pool valid for mikvah for a man if no kosher mikvah is available in his area?

Above ground pools are invalid for immersion, even for the sake of a Baal Keri, as it is invalid to immerse in a vessel that contains drawn water. Accordingly, it is better for a Baal Keri to do 9 Kavim by taking a shower to purify himself from the state of Keri than to immerse in an aboveground pool.

See Admur 606:11; 88:1 [in parentheses]; 159:23; M”A 606:9; Beis Yosef 606; Rambam Mikvaos 1:1; Raavad Brachos 6:5; Stringent opinion of Tana Kama in Braisa Brachos 22b; M”B 89:4 in name of Rav Akiva Eiger; See Piskeiy Teshuvos 88 footnote 44 for a discussion on this matter; Other Opinions: There is an opinion in the Gemara ibid that rules a vessel is valid for a Baal Keri. See Divrei Yissachar 5

Is a large ice cooler which fits ones entire body valid for mikvah for a man if no kosher mikvah is available in his area?

Above ground pools, such as an ice cooler, are invalid for immersion, even for the sake of a Baal Keri, as it is invalid to immerse in a vessel that contains drawn water. Accordingly, it is better for a Baal Keri to do 9 Kavim by taking a shower to purify himself from the state of Keri than to immerse in an ice cooler.

See Admur 606:11; 88:1 [in parentheses]; 159:23; M”A 606:9; Beis Yosef 606; Rambam Mikvaos 1:1; Raavad Brachos 6:5; Stringent opinion of Tana Kama in Braisa Brachos 22b; M”B 89:4 in name of Rav Akiva Eiger; See Piskeiy Teshuvos 88 footnote 44 for a discussion on this matter; Other Opinions: There is an opinion in the Gemara ibid that rules a vessel is valid for a Baal Keri. See Divrei Yissachar 5

Who receives precedence if both an Avel and a Yahrzeit want Maftir?^[1]

A person with a Yahrzeit that week receives precedence over an Avel within the year, even if he is within Shloshim [or on the Shloshim].

[1] As is the law regarding Kaddish and leading the prayers, in which a Yahrzeit receives precedence; Az Nidbaru 2:72 that so is the custom even though receiving Maftir for an Avel is brought in the Rama while receiving Maftir for a Yahrzeit is only a custom; Piskeiy Teshuvos 284 footnote 8

Other opinions: Some Poskim rule that an Avel within the 12 months receives precedence over a Yahrzeit regarding Maftir. [Maaseh Eliyahu 294, brought in Pnei Baruch 35 footnote 32]

If one woke up in the morning with literally moments left prior to the end time of Shema, may one recite Kerias Shema prior to washing his hands?

Yes. In such a case one is to quickly wipe his hands on any item within reach, including one’s blanket, and then quickly recite the Shema. One is to then wash his hands. If you are unsure as to how much time is remaining and you don’t want to take a chance to wash, then you may say the Shema on condition, and then wash and then say it again. [Vetzaruch Iyun whether in such a case one should say all three paragraphs of Shema, or only the first two paragraphs. Seemingly, however, one should say the first two, and not the third.]

The reason: The prohibition against saying Pesukim prior to washing is based on the Zohar, while according to the Talmud it is permitted, so long as one slept with clothing or wiped his hands beforehand on an item. Now, certainly, one should not nullify a Biblical command in the Torah to say the Shema on time due to a Zoharic prohibition. Furthermore, the Alter Rebbe himself rules that when there is no water available, one should not avoid learning Torah prior, and hence certainly one must say Shema beforehand if the time is passing.

Sources: See regarding saying Pesukim before washing if no water is available, and certainly the same applies here for the sake of the Biblical Mitzvah of Shema: Admur Basra 1:7; Kama 4:3; 47:9; Siddur Hilchos Netilas Yadayim See regarding the general prohibition of saying Pesukim before washing: Basra 1:7; Kama 1:7; Siddur; Sefer Haminhagim p. 4 [English]; Mahram di Lunzano in Derech Chaim; Or Hachama [Avraham Azulai]; Birkeiy Yosef 4:8; Zechor Liavraham 4:50; Yifei Laleiv 47:9; Kaf Hachaim 4:107; M”B 4:61; Rama 47:13 in his Lechatchila opinion. See regarding the general prohibition of touching clothing before washing: Basra 1:7; Kama 1:7; Siddur; Seder Hayom; Peri Eitz Chaim; M”A 4:1; Beir Heiytiv 4:1; Ben Ish Chaiy Toldos 6; Olas Tamid p. 17a; Tzvaas Rebbe Eliezer Hagadol; Sheivet Mussar 16; Sefer Haminhagim p. 4 [English];  See regarding the three paragraphs of Shema: Admur 46:1; 58:1; 60:5; 63:6; 67:1; 128:42

Should one sit up before he washes neggel vasser?

You may sit up, although there is no obligation to sit up and you may wash while in a lying position. If you choose to sit up on the bed, it is best do so without placing his feet on the ground.[1]

See Admur Basra 1:6

[1] It is our custom not to place our feet on the ground until after washing hands, as will be explained in Chapter 4 Halacha 3 Q&A

May one place his Yarmulke on him prior to washing?^[1]

Yes.

[1] Toras Chaim Sofer 1; Seder Hayom states: “After wearing one’s undershirt and covering oneself properly, prior to touching one’s clothing he is to wash his hands”.

Opinion of Admur: In 8:20 Admur mentions that one is allowed to place Tzitzis on him before washing in order not to walk 4 Amos without Tzitzis. Thus we see that at times getting dressed is allowed prior to washing if it is being done for the sake of a Mitzvah. However in truth no proof can be brought from this Halacha as it is going in accordance to the Talmud which permits touching clothing before washing. This is proven from the fact Admur there did not mention the prohibition of walking four Amos to reach the Tzitzis. [so also writes footnote 97 in new Shulchan Aruch Harav] In 8:1 Admur explicitly writes to first wash hands and then wear Tzitzis. Vetzaruch Iyun.