Chapter 8: Tevilas Ezra for a Baal Keri

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Chapter 8: Tevilas Ezra for a Baal Keri[1]

Immersing in a Mikveh after intercourse

1. The Mitzvah and obligation to immerse in a Mikveh after intercourse: A. The letter of the law:[2]

The original decree: All those who are impure, including due to if the impurity is being expelled from their body such as a Zav, Zavah and the like, may read Kerias Shema and Daven [Shemoneh Esrei, even without immersing in a Mikveh beforehand].[3] This, however, is with exception to a Baal Keri, of which Ezra [the Sofer] instituted to exclude from the above group of impure people [who may Daven and learn without immersion] and prohibited a Baal Keri from learning Torah [whether written or oral, including Gemara and Halacha[4]] or reading Kerias Shema or Davening [Shemoneh Esrei, until he immersed in a Mikveh].[5] The reason for this institution was so Torah scholars abstain from being intimate with their wives on a constant basis like chickens.[6]

The abolishment of the decree and the ruling today: The above institution of Ezra [the scribe] did not become accepted amongst the majority of the Jewish people [in his days].[7] This [later] led to the complete nullification of this institution, in order to prevent it from leading to Bittul Torah and to prevent it from causing a nullification of the Mitzvah of Peru Urevu.[8] Due to these reasons [the sages] reverted to the original law that even a Baal Keri may learn Torah or read Kerias Shema or Daven [Shemoneh Esrei] without immersing beforehand and without requiring him to bathe himself with nine Kavim of water.[9] Practically, so is the widespread custom to not be particular in this matter. (Accordingly, a man immersing [to purify himself] from a seminal discharge is not even a complete Rabbinical obligation.[10]) [Nonetheless, although this is the final ruling[11], there are many Poskim[12] who are stringent in this matter and rule but even today there remains an obligation to immerse from the state of Keri prior to Davening, and the abolishment of the decree was only in regards to being allowed to study Torah prior to immersion. Furthermore, according to the ruling of Kabbalah, Tevilas Ezra remains an obligation even today.[13] Furthermore, according to all purifying oneself from the state of Keri assists want to attain levels of purity, and elevates his prayer.[14]]

  Summary:

There no longer exists an obligation for a Baal Keri to immerse in a Mikveh prior to Torah study or prayer.

 
B. The custom of Chassidim and Anshei Maaseh:

Despite the above letter of the law ruling, it is the custom of Chassidim and Anshei Maaseh to be very particular in Tevilas Ezra and to make sure to immerse in the morning prior to prayer if one is a Baal Keri.[15] This especially applies to those who study Penimiyus Hatorah and Kabbalah.[16] Indeed the Rambam testifies of himself that he never nullified this immersion of Tevilas Ezra.[17] Some are stringent to the point that they do not recite any blessings until after they have immersed and purified themselves from their state of Keri, as will be explained in D-E.[18] One whose father was particular in this matter is likewise required to be particular in it due to the phrase of “Al Titosh Toras Imecha.”[19]

  The greatness and reward for being careful in Tevilas Ezra:

The Talmud[20] states that one who is careful in Tevilas Ezra Merits to be given long days and years. Purifying oneself from the state of Keri assists want to attain levels of purity[21], cleanses one from sin[22], and elevates his Torah learning and prayer[23], and grants him much reward.[24] It assists in much physical benefits, such as health, and Parnasa.[25] It strengthens one’s faith in G-d.[26] There exists a tradition that all Sefarim that became accepted throughout the generations merited this due to the fact that their authors were careful in Tevilas Ezra.[27] The Baal Shem Tov merited to be elevated to his great level of holiness due to his scrupulousness in immersion in a mikvah. 

  One who is sick or fears to immerse due to health reasons:[28]

One who goes to fulfill the mitzvah the immersing in a Mikveh will be guarded to no evil happened to him.[29] Accordingly, there is a tradition from the Bal Shem Tov that would not fear any damage to ones health from a single immersion in a mikvah.[30]  Likewise, there is a tradition in Chabad, that the Rabbeim take the responsibility of a single immersion.[31] Nonetheless, in the case that there is real worry danger to one’s health one should not rely on this unless he truly trusts that he is deserving of this protection.[32]

 

C. Cases in which one is to be more careful in the immersion of Baal Keri:

A Chazan:[33] A Chazan is to be especially careful to immerse in a Mikveh prior to prayer in the event that he is a Baal Keri, as doing so helps hasten the redemption.[34]

A Baal Korei:  From the letter of the law, there is no impediment for a Baal Keri to be the Baal Korei.[35] Nonetheless, it is initially improper for a Baal Keri to offer himself as Baal Korei, if another Baal Korei is available.[36] However, if there is no one else available to read, then he is not to abstain from doing so, as is the letter of the law. If one knows that he may need to be the Baal Korei on a given day, then he is to try to immerse in a Mikveh on that day, or at the very least take a shower [i.e. Nine Kavim] beforehand.[37] Chassidim are very particular in this matter, and try to immerse daily.

Aliyah: From the letter of the law, there is no impediment for a Baal Keri to receive an Aliyah.[38] Nonetheless, it is initially improper for a Baal Keri to purchase an Aliyah.[39] However, if he was already called up, or is a Chiyuv, then he may receive the Aliyah. In such a case, it is best for him to immerse in a Mikveh on the day of his Chiyuv, or at the very least take a shower [i.e. Nine Kavim] beforehand.[40] Chassidim are very particular in this matter, and try to immerse daily.

Visiting a cemetery:[41] One who is impure due to nocturnal emission [Keri], or any release of seed, may not visit a cemetery until he immerses in a Mikveh.[42] [He may, however, stand from a distance of four Amos from the grave/cemetery and pray from there.[43]]

Writing Safrus:[44] It is proper for a scribe to be careful to immerse in a Mikveh, especially if he is a Baal Keri.

 

D. Saying blessings and parts of Davening as a Baal Keri, prior to Tevilas Ezra:

Some Poskim rule that a Baal Keri is not to say any blessings until after having immersed and purified himself from their state of Keri.[45]

Eating and drinking:[46] One who needs to eat or drink something prior to immersion are to do so with a blessing despite being in the state of Baal Keri.

The blessing of Hamapil:[47] The blessing of Hamapil is recited after the intercourse. One is not to abstain from saying it even though he is a Baal Keri.[48] Likewise, some repeat the first paragraph of Shema after intercourse, prior to Hamapil, as stated in Chapter 7 Halacha 4D.

Asher Yatzar:[49] One who goes to the bathroom after intercourse is to recite the blessing of Asher Yatzar even though he is a Baal Keri.

The morning blessings-Al Netilas Yadayim and Asher Yatzar: Even if one is a Baal Keri, he is nevertheless to wash hands after using the bathroom upon awakening in the morning, and recite Al Netilas Yadayim and Asher Yatzar. He is not to delay the blessings until after Mikveh.[50] Nevertheless there are those that are accustomed not to say any blessings until after they have immersed and purified themselves from their state of Keri.[51] One who follows this custom must proceed to the Mikveh immediately upon awakening and wash with a blessing right after Mikveh.

The morning blessings-Elokaiy Neshamah until Hamavir Sheiyna: Even if one is a Baal Keri, some write that one is to recite all the morning blessings before leaving the home, just like he would do normally.[52] Nevertheless there are those who are accustomed not to say any blessings until after they have immersed and purified themselves from their state of Keri.[53] One who follows this custom must proceed to the Mikveh immediately upon awakening and recite all the morning blessing right after Mikveh.[54]

Birchas Hatorah: The Chabad custom is to recite Birchas Hatorah at home together with all the morning blessings, as explained in our corresponding Sefer “Awaking like a Jew” Chapter 8 Halacha 9. Seemingly, one is to say the blessing of Birchas Hatorah even if he is a Baal Keri, and prior to immersion in a Mikveh, in order not to nullify the Mitzvah of learning Torah.[55] Certainly, this is the case if there will be a long delay until one immerses.[56]

Morning Kerias Shema: One is not to say the morning Shema until after he immerses unless he suspects that he may not be able to immerse with enough time to say the Shema on time, in which case he is to say it beforehand.[57] Likewise, if one plans to eat prior to immersion he is to recite the Shema beforehand.[58]  In such a case one should say it with intent that it is under condition that if he does not manage to say it on time later on then he intends to be Yotzei with this reading, and if he does manage to say it on time later on after immersion, then he intends to not be Yotzei with this Kerias Shema.[59] [Some Poskim[60], however, negate this ability of precondition. Practically, according to Admur one may rely to say it on condition.[61]]

Wearing Tefillin:[62] It is permitted for a Bal Keri[63] to wear Tefillin after cleaning[64] the semen off from his body. However, so long as he still has semen on his [body or outer clothing[65]] it is forbidden to wear Tefillin. [It is not obligatory for one to immerse in a Mikveh before wearing the Tefillin.[66] Nonetheless, some meticulous individuals would wash their lower halves of the body in the morning prior to Davening.[67] Furthermore, it is customary of Chassidim to immerse in a Mikveh prior to saying blessings, Davening, or performing Mitzvos, if one is a Bal Keri, and hence certainly a Baal Keri is to immerse prior to wearing Tefillin.[68] However, if there is no Mikveh available, then certainly one should not nullify the Mitzvah of Tefillin due to this. In such a case, one can simply take a shower in place of going to Mikveh, prior to wearing the Tefillin.[69]]

Answering Amen and Kedusha: Some Poskim[70] write that one who is a Baal Keri may choose to not answer for a Davar Shebikidusha and rather simply think the Amen or Kedusha in his mind and be Yotzei with the Kedusha of the Chazan. Practically, however, it is better that he answers the Amen and Kedusha and not abstain even though he is prior to immersion.[71]

  E. Learning Torah as a Baal Keri, prior to Tevilas Ezra:

Some are stringent not to even learn Torah, whether written or oral, including Gemara and Halacha, while in the state of Baal Keri until he immerses in a Mikveh.[72] This especially applies to the study of Penimiyus Hatorah and Kabbalah.[73]

Thinking words of Torah: One may think words of Torah prior to immersion.[74] However, some are stringent against even thinking words of Torah.[75] This especially applies to Kabbalah and Penimiyus Hatorah.[76]

Not to do Bittul Torah due to Baal Keri:[77] Practically, one is not to nullify Torah learning due to this and hence if he does not plan to immerse right away, such as at night after intercourse, he should continue his Torah learning despite being impure. Those who are stringent in this are doing a strange act of which even the Arizal did not follow. [When applicable, one is to say the blessing of Birchas Hatorah beforehand. If the delay until immersion will only be for a short amount of time, then one is to think words of Torah until he goes to Mikveh.[78]]

 

F. Missing Kerias Shema, or Davening on time or with a Minyan due to Tevila:[79]

Missing Zeman Kerias Shema:[80] It is forbidden to delay saying Kerias Shema within Zeman Kerias Shema due to Tevilas Ezra. In a case of doubt that perhaps one may miss saying Kerias Shema on time if he delays until he immerses, then he is to say it with a precondition, as stated in Halacha D, see there!

Missing Zeman Tefila:[81]  One is not to delay saying Kerias Shema or Davening within Zeman Tefila due to Tevilas Ezra. [Nonetheless, those Chasssidim who invest much time in their Avoda of Tefila may delay Davening past Zeman Tefila until after they immerse for the sake of elevating the quality of their Davening. Nonetheless, they are not to delay Davening past midday even for this reason.]

Missing Minyan: Some Poskim[82] rule that one is not to even miss Davening with a Minyan due to Tevilas Ezra. Other Poskim[83], however, argue and rule that one may skip Davening with a Minyan for the sake of Tevilas Ezra. Practically, one may be lenient in this matter.[84]

2. Who becomes a Baal Keri to require immersion:[85]

Even during the times that the above decree was followed, it was only required for one to immerse if he was a healthy person who saw semen as a result of marital relations, however one who was sick who saw semen against his will is exempt from everything [i.e. from requiring immersion]. (And rather a sick person who had intercourse[86] or) a healthy person who saw semen against his will may suffice with pouring nine Kavim of water over him.

 

 Q&A

If one had an erection without expelling seed, does he become a Baal Keri?[87] No. Thus, if he woke up with an erection without having had a dream of having intercourse, he is not considered a Baal Keri. Likewise, if he has an erection during the day without ejaculation, he is not considered a Baal Keri. Furthermore, even if he had an erection while awake due to Hirhur, such as during Piyus [i.e. foreplay], he is not considered a Baal Keri.[88]   If one had a dream in which he had relations with a woman, is he a Baal Keri?[89] Certainly, he is considered a Baal Keri if he expelled seed due to the dream. Furthermore, even if he did not find any remnant of semen on his garments, he is nevertheless considered a Baal Keri if when he woke up he noticed that his Eiver was excited and warm. [Seemingly, however, this only applies if he had a dream of having full relations, including ejaculation.[90]]   If one had intercourse without ejaculation, does he become a Baal Keri to need to immerse in a Mikveh according to the original law and accepted act of piety?[91] Some Poskim[92] learn that it is specifically the ejaculation which causes one to become a Baal Keri, and hence if one had intercourse without ejaculation, he remains pure and does not require any immersion at all. However, other Poskim[93] rule that it is not the ejaculation that makes one a Baal Keri but rather the actual penetration during intercourse, and hence even one who did not ejaculate becomes a Baal Keri and requires immersion according to the original decree and current act of piety. The above debate however is only relevant if one did not secrete even one drop of sperm, otherwise he is considered a Baal Keri according to all.  
Does one who have the condition known as retrograde ejaculation become a Baal Keri upon having intercourse, or later urinating? This matter would be subject to the above debate. According to the former opinion, since there is no actual ejaculation taking place through the Eiver therefore he does not become a Baal Keri.[94] However, according to the latter opinion he would become a Baal Keri due to the fact and he had intercourse with penetration irrelevant of whether he ejaculated or not.   If one expelled semen without an erection, does he become a Baal Keri?[95] Ideally, he is not required to immerse. However, if there is even mere doubt that perhaps the semen was expelled due to an erection or erotic thoughts, then he is to immerse due to doubt.   If one expelled pre-ejaculatory fluid [i.e. precum] is he considered a Baal Keri? This matter requires further analysis.   Are women relevant to the decree of Baal Keri? Although in the times of the original decree, women who expelled semen after intercourse were considered to require immersion prior to prayer[96], nonetheless today there is no custom for women to immerse after becoming a Baal Keri. [97]
4. Immersing due to Baal Keri on special dates and occasions:

Shabbos: See next!

Yom Kippur:[98] It is forbidden for a man to immerse in a Mikveh, or pour nine Kavim on his body, on Yom Kippur even if he became a Baal Keri and desires to do so due to the Takana of Ezra.[99]

During the nine days: One who is particular to immerse in a Mikveh whenever he is a Baal Keri [or daily prior to Davening[100]] may likewise do so during the nine days.[101] When immersing in a Mikveh, one is to immerse in a cold or warm Mikveh, as opposed to hot.[102] If, however, one is unable to immerse in a cold Mikveh, he may immerse in a hot one.[103] It is however forbidden to remain within the hot water more than necessary.[104]

During Shiva: One who is a Baal Keri and is always particular to immerse after becoming a Baal Keri may immerse in a Mikveh of cold water even during Shiva.[105] However, some Poskim[106] are stringent even in such a case.

5. Immersing on Shabbos:[107]

 [From the letter of the law], a person is allowed to purify himself of his impurities by immersing in a mikvah on Shabbos[108] even if this immersing is Biblically required [to be done][109], although nevertheless the custom is to be stringent in certain cases.[110] Practically, regarding the immersion of a Baal Keri on Shabbos, a man is allowed to immerse [to purify himself] from a seminal discharge.[111] [This applies even today when we are no longer accustomed to bathe on Shabbos even in cold water, nonetheless one may, and is to be particular to do so.[112] It is permitted to do so even if one was able to immerse before Shabbos.[113]]

May one be stringent to avoid intercourse on Friday night in order not to be obligated to immerse on Shabbos:[114] Even if one belongs to Lithuanian Jewry and is generally accustomed to avoiding immersion in a Mikveh on Shabbos, he may immerse on Shabbos morning if he is a Baal Keri due to fulfilling Mitzvas Onah. So was done by Gedolei Yisrael.[115] If a Mikveh is not available, then he is to shower in cold water for 2-3 minutes, pouring on his head and body Nine Kavim of water. If this too is not available, then one may not delay the intimacy unless his wife is Mochel with a full heart, or he has already fulfilled his minimum requirement of Onah for that week.

How many times is one to immerse in the Mikveh on Shabbos day?[116] It suffices to immerse one time.[117] [Although if one is a Baal Keri] he is to immerse twice.

May one do Nine Kavim shower on Shabbos if a Mikveh is not available? Yes. Upashut!

May one who desires to immerse in a Mikveh do so even in a river or sea?[118] Yes. One who needs to immerse due to nocturnal emission [or Tosefes Kedusha, and a regular Mikveh is not available[119]] may do so even in a river or ocean[120], although taking care to avoid transgressing any of the matters mentioned in Halacha 2. However, there are Poskim[121] which prohibit immersing in any water that is not within a private domain. From Admur it is implied like the former opinion.[122]

May one immerse in a hot Mikveh on Shabbos? The widespread custom is to be lenient to permit immersing in a hot Mikveh on Shabbos. Nevertheless, one may not remain in the water for pure pleasure purposes and is rather to immerse and immediately leave. Those who stay in the water more than necessary transgress the bathing prohibition according to all, and must be protested and told to leave. However, one may immerse in the water as many times as he is used to doing during the week. See our corresponding Sefer “The Laws of Shabbos” under the laws of bathing for the full details of this matter!

May one swim in a Mikveh on Shabbos? See our corresponding Sefer “The Laws of Shabbos” under the laws of bathing for the full details of this matter!

May one splash away the dirt that floats on the surface of a Mikvah? See our corresponding Sefer “The Laws of Shabbos” under the laws of bathing for the full details of this matter!

May one take a cold shower after the Mikveh to wash off the Mikveh water? See our corresponding Sefer “The Laws of Shabbos” under the laws of bathing for the full details of this matter!

6. Avoiding intercourse in order so one does not become a Baal Keri and require immersion:

In general, it is forbidden for one to nullify the Mitzvah of Onah on the basis that he fears becoming a Baal Keri, even if no mikvahs are available.[123] The following are the details of this matter regarding various particular cases:

By a daily Onah: Even one whose minimum Onah obligation is once a day [see Chapter 2 Halacha 2B] is not to skip the Onah due to not wanting to become a Baal Keri.[124] However, some Poskim[125] suggest that in such a case he may avoid having intercourse daily if he does not desire to be a Baal Keri and be required to immerse daily.

By one who is obligated in Peru Urevu: If the husband has not yet fulfilled the Mitzvah of Peru Urevu [i.e. one boy and one girl], he is [Biblically] obligated to have intercourse with her at every interval of his Onah obligations even if she forgives him [and even if he desires to abstain for reasons of Teshuvah and Torah learning, or due to becoming a Baal Keri[126]]. See chapter 2 Halacha 6A for the full details of this matter!

By one exempt from Onah due to Mechila: Even in a case that a wife forgoes her Onah [and one has already fulfilled his Mitzvah of Peru Urevu], it is proper to fulfill [her Onah] anyways. [This applies even if he desires to abstain from Onah in order not to become a Baal Keri, and men Mikvaos are not available.[127]] See chapter 2 Halacha 6A for the full details of this matter!

Shabbos: A Torah scholar may not abstain from intimacy on Friday night even if he does not desire to become a Baal Keri and be required to immerse in a Mikveh. Even if one belongs to Lithuanian Jewry and is generally accustomed to avoiding immersion in a Mikveh on Shabbos, he may immerse on Shabbos morning if he is a Baal Keri due to fulfilling Mitzvas Onah. So was done by Gedolei Yisrael. If a Mikveh is not available, then he is to shower in cold water for 2-3 minutes, pouring on his head and body Nine Kavim of water. If this too is not available, then one may not delay the intimacy unless his wife is Mochel with a full heart, or he has already fulfilled his minimum requirement of Onah for that week. See chapter 2 Halacha 2D in Q&A for the full details of this matter!

Friday night before the meal or Birchas Haamzon? The intimacy should take place after the conclusion of the meal when one is ready to retire for the night. Having intercourse prior to this time will cause the husband to become a Baal Keri, and have him recite blessings under this impurity. It will likewise delay the proper preparation of Kerias Shema Sheal Hamita until afterwards. If however the couple knows that they will be too exhausted after the meal is over and the intercourse will either not take place or be greatly jeopardized, then they may choose to do so [if there are no other people in the house who may notice] prior to the start of the meal. Alternatively, they may choose to end the meal early, such as by reciting Birchas Hamazon after the first course, and then having the remaining courses after the intimacy. They should not however be intimate prior to reciting Birchas Hamazon, as this will cause them to be required to rewash their hands with a disputed blessing [i.e. not saying Hashem’s name] as well as making an interval during the meal. However, they may be intimate during the meal with hugging and kissing, making sure not to touch any uncovered parts of the body. They may leave the meal in middle and enter their room for this purpose, if they will return shortly. See chapter 2 Halacha 5A in Q&A for the full details of this matter!

Before travel:[128] Even if having intimacy the night before travel will cause him to be a Baal Keri without ability to immerse in a Mikveh, he must nevertheless be intimate with his wife. However, if she forgives him wholeheartedly, then he is exempt from intimacy. In all cases he can simply purify himself through taking a shower, as explained in the previous Q&A!

7. The laws of the immersion:

Urinating: Prior to immersion for a Baal Keri, one must make sure to urinate at least one time between the intercourse and the immersion in order to cleanse the Eiver of semen.[129] If one did not do so, then when he urinates after the immersion, his state of Baal Keri returns if he did not have a strong ejaculation [as is common today[130], and especially if he is sick or old[131]], and he re-requires an immersion.[132]

Preparation for Mikveh-Chatzitza: It is not required to remove a Chatzitza from the body prior to the immersion of a Baal Keri, and so is the custom.[133] [Nevertheless, some Poskim[134] are stringent.] Thus, one does not need to cut his nails, clean them, brush his hair or wash other parts of the body.[135] However, this only applies if it is found on minority of the body, however a Chatziza on majority of the body is invalid even for a Baal Keri.[136] [Furthermore, some[137] write that initially one is to remove from the body all items that one normally removes upon bathing, such as a watch and clothing as will be explained below.] Despite the above, regarding the immersion of Erev Rosh Hashanah and Erev Yom Kippur [which is done also for the purpose of Teshuvah] one is to remove all Chatzitzas from the body. Thus one is to clean his body with hot water, cut his nails, and comb through his head and beard hair prior to immersion, in order to remove any intervals.[138] One is to cut the nails of both his feet and hands on two different days in preparation for this immersion. One is to also brush and floss his teeth.[139] [See footnote if this should apply also to the immersions of the rest of year, and Erev Shabbos and Yom Tov, for those that immerse for purposes of extra holiness, and not just Baal Keri.[140]]

The amount of times one is to immerse:[141] It suffices to immerse one time for purposes of cleansing oneself from emission of seed [Baal Keri]. One is to immerse three times for purposes of Teshuva.[142] There are numerous opinions[143] mentioned in regard to additional immersions.[144]

Taking a shower after Mikveh:[145] It is permitted to shower after Mikveh[146], although some are stringent not to do so.[147] Nevertheless, on Erev Shabbos [and Erev Yom Tov] according to all it is better not to do so, in order so one not completely wash off the Mikveh water from his body, as will be explained next.

Drying oneself after Mikveh:[148] Based on the teachings of the Arizal one should not dry the Mikveh water off his body after immersing.[149] Practically, we are particular to dry ourselves with a towel after immersion and one who desires to follow the directive of the Arizal is to leave some part of his body not dried.[150] It suffices for one to leave his feet wet in order to fulfill this directive.[151]

8. The alternatives if a Mikveh is not available:[152] A. Introduction:

The immersion in a Kosher Mikveh accomplishes two matters. It purifies a person from the Keri impurity and it adds extra purity to the soul, cleansing it in a form of Teshuvah [i.e. Tosefes Taharah].[153] According to many Poskim[154] these two aspects and benefits are independent of each other and receive separate laws in a case that a Kosher Mikveh is not available. Regarding the purification from Keri the Sages established that a Kosher Mikveh is not required and hence the immersion in drawn water, or pouring of nine Kavim, is valid, [as will be explained below]. However, regarding the purity added to the soul these forms of Mikveh are invalid.[155] Hence, one is always to prefer a Kosher Mikveh over using the methods below and the methods below are to only be used when there is lack of alternative.[156] On the other hand there is also a stringency regarding the purification of a Baal Keri over the aspect of Tosefes Taharah, as the Poskim bring that in a time of need one may pour water over the hands or learn Mishnayos to accomplish the Tosefes Taharah. It however does not help to purify one from the state of Keri. [See Q&A for details on this topic]

B. Using Mayim Sheuvim-swimming pool:[157]

To achieve purification from the state of Keri one may immerse in 40 Seah [90 gallons or 332 liters[158]] of even drawn water that is in the ground [such as a typical swimming pool].[159] However, it does not help to immerse in a vessel that contains drawn water.[160]

 

Q&A on Sheuvim

Can one fill up his bathtub and immerse in the water for purification of Keri?[161]

It is only valid to do so if: a) the hole of the bathtub is at least 3.8 centimeters circumference[162], and b) one is able to stop up the hole, and c) it is filled with 332 liter of water, and d) one is able to fully immerse his entire body within the water simultaneously. [Typical bathtubs are not large enough to accomplish this by a normal sized person.]

 

May one initially use a swimming pool as a Mikveh?[163]

In ground pools: If a Kosher Mikveh is available, one is not to immerse in a swimming pool. This applies even if the pool does not contain a filter.[164] If a Kosher Mikveh is not available one may immerse in the pool, making sure to turn off the filter prior to doing so.[165] If one is unable to turn off the filter he is nevertheless not to refrain from immersing in the pool if there is no other Mikveh available.[166] Ground pools that are made through inserting an external pool structure into the ground are only valid in this regard if they have a hole of at least 3.8 centimeters circumference, otherwise the have the same status as above ground pools.

Above ground pools:[167] Above ground pools are invalid for immersion, even for the sake of a Baal Keri, it as it is invalid too immerse in a vessel that contains drawn water.

 

C. Nine Kavim-shower:[168]

If one is not able to immerse in any body of water [even a swimming pool and the like] then he is to pour nine Kavim [12.5 Liters[169]] of water over his body. One may use up to 2 or 3 buckets of water for this purpose, pouring each bucket one after the other, if in total they contain nine Kavim of water. In such a case one must begin pouring the second bucket prior to finishing the pouring of the first bucket, and so too one must begin pouring the third bucket prior to finishing the pouring of the second bucket. It is invalid to use four buckets of water for the accumulation of nine Kavim, [and hence if the first three buckets or last three buckets do not contain nine Kavim in total it is invalid].[170] Even when pouring from one vessel one must be careful that the water continuously falls on him without any interval at all. If one entered halfway into a Mikveh and on his top half he poured nine Kavim, it is valid. [See Q&A regarding shower.]

 

Q&A on Nine Kavim

Can one perform “nine Kavim” in the shower?

Yes.[171] One can do so by staying under the shower head for 3-4 minutes consecutively without turning the water off for even a moment in between.[172] One is to stand straight under the shower head with his hands weakly folded over his chest as explained next. It is invalid when one is lying in the bath, as will be explained.

  How is the nine Kavim to be poured over the body?[173]

The water must be poured over the entire body. One is to stand straight with his hands weakly folded over his chest[174] or along his sides down to the thigh[175] and have the water poured directly over his head. It is not necessary that the water actually touch every part of the body.[176] Nevertheless, some Poskim[177] rule that one is to wet his feet beforehand in order so the water being poured attaches to the water under his feet. It however does not have to touch the armpit and the like.[178] It is not valid if the water was poured only on one part of the body even if one later pours on the other part.[179] However, there are Poskim[180] that are lenient in such a case.

  Does a Chatzitza/interval invalidate the nine Kavim?[181]

One must remove all intervals from the body prior to pouring the nine Kavim.

  Does it help to immerse in nine Kavim?[182]

No. The nine Kavim are only valid if they are poured onto the person and not when one immerses in them. This applies whether the water is in the ground or in a vessel. If, however, it contains 40 Seah in the ground then it is valid for immersion.

 

Lying in a bath and having the nine Kavim [shower] poured over his body:[183]

The nine Kavim are only valid if they are poured over his entire body, as stated above. Thus, it is invalid for one to sit or lie in a bathtub with water and have the nine Kavim poured over his head.[184]

D. Who should rely on Nine Kavim-If it is painful for one to immerse in the Mikveh or he is sick:[185]

If it is painful for one to immerse in a Mikveh [such as the water is too cold[186], or one is sick] then he may follow the method brought above of pouring nine Kavim of water. [However, one should not initially choose pouring nine Kavim over immersing in a Mikveh as it was only permitted in a time of need.[187] Furthermore, the nine Kavim only accomplish the removal of the Keri impurity. It however does not accomplish the additional purity added by immersing in a Mikveh.[188]]

E. Washing one’s Erva area:[189]

If one is unable to immerse in a body of water, or take a shower, then he should at the very least wash his Ervah area after intercourse, prior to Davening.

F. Washing the hands forty times in a case that one is unable to immerse in a Mikveh or shower:

See Q&A!

 

Other alternatives to a Mikveh

Washing the hands forty times in a case that one is unable to immerse in a Mikveh or shower:

If one is unable to immerse in a Mikveh or shower with nine Kavim then he should purify his hands by pouring water on them forty times.[190] The order is as follows: One first pours ten times on each hand, alternating between each hand after each pour.[191] One then pours ten times consecutively on the right hand and ten times consecutively on the left hand for a total of 40 pours between the two hands combined.[192] The 40 acts of pouring correspond to the 40 Seah of a Mikveh.[193] One is to intend the Divine 72 letter name [שם ע”ב], which is found in the Divine name of Havaya, during these pouring’s.[194] [The Rebbe states[195] that these pouring’s only give a person the additional purity that the immersing in a Mikveh accomplishes, however it does not remove the Keri impurity from the body.]

  Learning Mishnayos:[196]

One who is unable to immerse in a Mikveh is to learn Mishnayos that deal with the laws of Purity. This especially applies to Miseches Mikvaos. Nevertheless, this only gives a person the additional purity that the immersing in a Mikveh accomplishes, however it does not remove the state of Keri impurity from the body.

 

Washing hands with intent of Gemara Brachos 15a and feeling regret for inability to immerse:

The Sh’lah Hakadosh[197] writes that one who is unable to immerse should have in mind the Gemara in Brachos 15a regarding how washing hands before prayer can be considered as if he immersed. One who does so and regrets at the time of the washing that he could not immerse in a Mikveh, Hashem considers as if he immersed.

 

If one immersed in a pool or performed nine Kavim should he also pour forty times on his hands or recite the Mishnayos?

Seemingly one is to do so in order to gain the additional purity received from these washings.[198] However we have not seen this witnessed.

 

General Q&A

Is Zochlin[199] invalid for a man’s Mikveh?

Many Poskim[200] rule that a Mikveh which is Zochlin is invalid for purification of the state of Keri.[201] Others[202] however rule that it is valid for purification from the state of Keri.

 

May a man immerse in a Mikveh with a filter?

It is best for a man to immerse in a Mikveh that is valid [at least Bedieved] even for women and Keilim, in order to benefit from both purification of Keri and Tosefes Taharah according to all opinions.[203] Regarding filters: If the filter does not pose an issue of Zochlin or Sheuvim [see supplement for different types of filters and their law] then it is valid according to all. Many men Mikvaos today use a tube filter that is submerged within the water on the basis that it does not pose a problem of Sheuvim or Zochlin.[204]  In the event that the Mikveh uses a filter that poses a problem of Zochlin or Sheuvim, it is best to immerse in a different Mikveh that does not contain a problematic filter. This applies even if the filter is currently turned off, nevertheless if it poses a problem of Sheuvim it is best to immerse in a different Mikveh.[205] However Bedieved, or in a time of need, one is not to refrain from immersing in such a Mikveh.[206] In the words of the Minchas Yitzchak[207], “certainly one is not to be stringent [by a men’s Mikveh] all the stringencies taken by a women’s Mikveh, especially if one does not have anywhere else to immerse”.

 

May a man immerse in a Mikveh while it is being filled with water?

Yes.[208] However it is a Hiddur to avoid doing so.[209]

May a man immerse in a Mikveh while it is being emptied of its water?[210]

No.[211] However in a time of need one may certainly immerse in such a Mikveh and he receives reward for doing so.

  May men immerse in a women’s Mikveh?[212]

Some Poskim[213] rule men may even initially immerse in a woman’s Mikveh and we do not assume this will detract woman from visiting the Mikveh.[214] Practically men are not to immerse in a women’s Mikveh if there is a men Mikvah available. If another Mikveh is not available, it is permitted to immerse in a woman’s Mikveh if doing so will not cause women to be deterred or challenged in going to this Mikveh as a result of the men’s immersion. If however one has established that there are women who are disturbed by this matter then the men may not immerse in the Mikveh.[215] However regarding Erev Rosh Hashanah and Erev Yom Kippur it can be arraigned for the men to immerse[216], although care should be taken to switch the waters afterwards and clean the Mikveh in anticipation for the woman’s immersion.[217]

9. Men immersing with clothing in a Mikveh, pool, sea, ocean: A. The general law of Chatzitza by male immersions:

Baal Keri: Men are not required to remove a Chatzitza from the body prior to immersion for the purpose of purification from Baal Keri, and so is the custom.[218] [Nevertheless some Poskim[219] are stringent.] However this only applies if it is found on minority of the body, however a Chatziza on majority of the body is invalid even for a Baal Keri.[220] [Furthermore, some[221] write that initially one is to remove from the body all items that one normally removes upon bathing.]

Immersion of Teshuvah-Tosefes Taharah, Erev Shabbos: Despite the above, regarding the immersion of Erev Rosh Hashanah and Erev Yom Kippur [which is done also for the purpose of Teshuvah] one is to remove all Chatzitzas from the body.[222] Seemingly, this stringency of Erev Yom Kippur should apply also to the immersions of the rest of year, and Erev Shabbos and Yom Tov, for those that immerse for purposes of extra holiness, and not just Baal Keri.[223]

B. The law by clothing:

In general, loose fitting clothing is not considered a Chatzitzah by even a Biblical immersion.[224] Accordingly, men may certainly immerse while wearing loosely fit clothing such as a loose bathing suit, and tee shirt, and so should be done when immersing in public [i.e. public pool, ocean, sea], and it is unbefitting to be seen by others. Furthermore, even tight clothing, such as a tight bathing suit, is permitted for a male immersion when done for the sake of Baal Keri, as stated above that the laws of Chatzitza do not apply to a Baal Keri immersion. Nonetheless, initially and under permissible circumstances, it is proper for men to remove all their clothing prior to immersion, including even loosely fit clothing.[225]

  Summary:

It is permitted for a man to immerse in a Mikveh, pool, ocean, while wearing a bathing suit and tee shirt and the immersion remains valid even in such a case. Nevertheless, initially it is best to immerse without any clothing, if the circumstances and level of privacy allow it to be done.

 

_____________________________________________

[1] See Encylopedia Talmudit Vol. 4 Erech Baal Keri p. 128-148 and specifically regarding Takanas Ezra p. 141-148; Piskeiy Teshuvos 88:1-8; Sheyikadesh Atzmo [Nachmanson-2015] p.  561-578

[2] See Admur 88:1

Saying a blessing for Tevilas Ezra: See Encylopedia Talmudit 18 Erech Tevila p. 422 in length for a debate in Rishonim and Poskim if a blessing may be recited by Tevilas Ezra even today after it has become nullified. Practically, we do not do so.

[3] Admur ibid; Michaber 88:1; Tur 88:1; Rambam Kerias Shema 4:8 and Tefila 4:4; Mishneh Brachos 26a and Rif and Rosh 3:58

[4] Siddur Yaavetz Hanhagas Haboker Seder Baal Keri 5; See Brachos 22a and Encyclopedia Talmudit Vol. 4 Erech Baal Keri p. 141

[5] Admur ibid; Michaber ibid; Rambam ibid; Bava Kama 82b [Torah learning]; Brachos 20b-21a [Prayer and Kerias Shema]

When was the decree against Davening made: See Bava Kama ibid who mentions only Torah learning in the decree of Ezra. Rambam Tefila 4:4 indeed explains that Ezra only prohibited Torah learning and only later did the Beis Din who came after him extend the prohibition even to Davening. However, see Bach 88:1 who writes that Ezra is the one who established the decree against both Torah learning and Davening, and so can be implied from the wording of Admur ibid [although possibly he hints in his wording to the approach of the Rambam] See Kesef Mishneh on Rambam ibid who questions this statement of the Rambam, stating that a) The original decree against learning Torah also includes Davening and hence there is no need for a new Beis Din to remake this decree and b) we find no source for such a statement that a later Beis Din came and extended it to Tefila. The Kesef Mishneh attempts to answer that perhaps the Rambam means to say that a later Beis Din uprooted the decree from Torah learning and it only remain regarding Davening.

[6] Admur ibid; Michaber ibid; Rambam Tefila 4:5; Brachos 22a

[7] Admur Rambam ibid and ibid

[8] Admur ibid; 613:19 “In today’s times that Takanas Ezra became nullified”; Michaber ibid; M”A 88:1; Ittur; Kol Bo; Shiltei Giborim; Rav Nachman Bar Yitzchak and Zeiri Brachos ibid; See Encyclopedia Talmudit Vol. 4 Erech Baal Keri p. 146

[9] Admur ibid; Michaber ibid; Tur ibid; Rambam Tefila 4:5; Yerushalmi Yuma 8:1; 1st opinion in Rif Brachos ibid and Eshkol 1:22; Bahag Brachos 3; Baal Haittur in name of Rav Amram and RavTzemahc Gaon; See Encyclopedia Talmudit Vol. 4 Erech Baal Keri p. 145 footnote 276

[10] Admur 326:7; Machatzis Hashekel on M”A 326:8; M”B 326:24; Vetzaruch Iyun if this is a retraction or contradiction of Admur 88:1 which implies that there is no obligation at all, and thus the wording of not a complete Rabbinical obligation is not accurate.

[11] As rules Admur, Michaber and Tur; See Mishmeres Shalom 2:1 that their ruling was written with Ruach Hakodesh as Mikvaos were not available and it would have caused Jews to avoid Davening and learning Torah and Peru Urevu

[12] Rav Haiy Gaon; Rabbeinu Channanel Brachos 22a; Rabbeinu Yonah Brachos 22a; Rosh Brachos 22a; Or Zarua 1:117; Haiggur 132; Sefer Hayashar of Rabbeinu Tam 391; Tosafus Chulin 192b; Hamanhig Yom Kippur 72; Piskeiy Harid Brachos ibid; Maharam Merothenberg 221; Tosafus Rebbe Yehuda Hachassid Brachos ibid; Rokeiach 321; Haeshkol 1:22; Orchos Chaim Tefila 32; Sefer Hameoros Pesachim 7a; Siddur Yaavetz Hanhagas Haboker Seder Baal Keri 5; Likkutei Torah Parshas Savo p. 43 in name of Rif and Talmidei Rabbeinu Yonah in name of Rav Haiy Gaon that the abolishment of Tevilas Ezra was only said regarding Torah learning and not prayer; Igros Kodesh 8:153; See Divrei Yatziv 1:55 who suggests based on Rishonim that today that we have clean Mikvaos easily accessible everywhere, that it should be considered an actual obligation; See also Shevet Halevi 5:15; See Encyclopedia Talmudit Vol. 4 Erech Baal Keri p. 145 footnote 270

[13] Shaar Hakavanos Shaar Vav “After Tashmish the immersion is a must”; Torah Or Megilas Esther p. 92 “Zivug requires Tevila afterwards”

[14] See Sefer Chassidim 73; Reishis Chochmah Ahavah 11; Likkutei Torah Parshas Savo p. 43; Hisvadyus 27:92; Igros Kodesh 9:259; 27:430

[15] Rambam Tefila 4:6 that so is widespread custom in Shinar and Spain to not Daven until one immerses; Maggid Meisharim Parshas Behar in instruction of the Maggid to the Beis Yosef that “you should never nullify Tevials Ezra”; Sh’lah Miseches Tamid 31; Kaf Hachaim Falagi 4::1; Ben Ish Chaiy Vayeira 2 in end; Shoel Umeishiv Telisa 1:123; M”B 88:4; Kaf Hachaim 76:21; 88:5; Piskeiy Teshuvos 88 footnote 7 in name of Chofetz Chaim; Shevet Halevi 5:15; Teshuvos Vehanhagos 4:89; Betzel Hachochma 5:23; Shevet Halevi 6:28 that today no one should be lenient in this if they live in communities with Mikvaos; Lehoros Nasan 4:31; Teshuvos Vehanhagos 4:89; Koveitz Teshuvos 1:39; See Divrei Yatziv 1:55 who suggests based on Rishonim that today that we have clean Mikvaos easily accessible everywhere, that it should be considered an actual obligation; Piskeiy Teshuvos 88:1; See Avnei Nezer Y.D. 264; Moadim Uzmanim 7:1117; Teshuvos Vehanhagos 4:34;

[16] See Maor Vashemesh Parshas Emor that Shabsai Tzevi and his followers went off from Judaism because they were not careful in Tevilas Ezra; Toras Menachem 9:170; However, see Igros Kodesh 9:152 that one should not avoid studying Chassidus due to this reason.

[17] Igeres Harambam [shilat] 436, brought in Talmidei Rabbeinu Yonah Brachos 13b and Beir Heiytiv 88:1 and Sh’lah ibid; Igros Kodesh 9:259

[18] Mishmeres Shalom 2:1 and so is the custom of many Chassidim; See Maor Vashmesh Emor regarding not even thinking Torsah beforehand; See Shulchan Melachim [Tevilas Ezra] 20; Based on Ketzos Hashulchan 12 footnote 9 there is no interval actually being done between the washing and the blessing  being that the blessing is being said on the second washing.

[19] See Divrei Yatziv ibid; Shoel Umeishiv Telisa 1:123; Orchos Chaim Spinka 88:1; Toras Avraham 10; Kaf Hachaim 88:4; Cheshev Haeifod 2:51; Piskeiy Teshuvos 88:1

[20] Brachos 22b

[21] Ashel Avraham Butchach that it saves one from forbidden thoughts; Igros Kodesh 9:253

[22] Yaavetz in Migdal Oz

[23] Rav Chaim Vital in Shaar Ruach Hakodesh; Hakdamas Eitz Chaim; Kaf Hachaim 76:21; See Likkutei Torah Parshas Savo p. 43 that immersion in a Mikveh is one of the three ways of removing the impediments to one’s prayers

[24] Maggid Meisharim ibid

[25] Piskeiy Teshuvos 88 footnote 8

[26] Igros Kodesh 9:253

[27] Rav Chaim Kanievsky in Orchos Yosher Erech Taharah in name of Sefer Kadmon

[28] See Piskeiy Teshuvos 88 footnote 16; Sheyikadesh Atzmo 63:5

[29] Reishis Chochma Shaar Ahava 11:39

[30] Mishmeres Shalom 2:1; Siddur Lev Sameich in name of Belzer Rav; Baal Shem Tov Al Hatorah Parshas Yisro 15

[31] Likkutei Sichos 17:481

[32] Divrei Yatziv 1:56; See also Igros Kodesh 13:441; 23:295

[33] See Shut Min Hashamayim 5 that lack of doing so is the reason for the length of the exile; Siddur Yaavetz that he should not be allowed to Daven if he does not immerse; Nimukei Orach Chaim; Shulchan Melachim Dinei Tevilas Ezra; Piskeiy Teshuvos 88:1

[34] Whether due to a nocturnal emission or due to marital relations.

[35] See Admur 88:1; Michaber 88:1; Michaber Y.D. 282:9 “All those who are impure, even Nidos, may hold onto a Sefer Torah and read it.”; Brachos 20b; Piskeiy Teshuvos 88:1

[36] See Mishmeres Shalom 2:1 and so is the custom of many Chassidim; Pela Yoeitz Tevila; See Maor Vashemesh Emor regarding not even thinking Torah beforehand; See Shulchan Melachim [Tevilas Ezra] 20; Piskeiy Teshuvos 88:1-2

[37] See Admur 88:1 of how the Nine Kavim is to be done. Practically, this is fulfilled through taking a shower for several minutes consecutively. See our corresponding Sefer “The Laws and Customs of Rosh Hashanah” in the supplements Halacha 2; See Piskeiy Teshuvos 88:5

[38] See Admur 88:1; Michaber 88:1; Michaber Y.D. 282:9 “All those who are impure, even Nidos, may hold onto a Sefer Torah and read it.”; Brachos 20b; Piskeiy Teshuvos 88:1;

[39] Mishmeres Shalom 2:1 and so is the custom of many Chassidim; Pela Yoeitz Tevila; See Maor Vashmesh Emor regarding not even thinking Torah beforehand; See Shulchan Melachim [Tevilas Ezra] 20; Piskeiy Teshuvos 88:1-2

[40] See Admur 88:1 of how the Nine Kavim is to be done. Practically, this is fulfilled through taking a shower for several minutes consecutively. See our corresponding Sefer “The Laws and Customs of Rosh Hashanah” in the supplements Halacha 2; See Piskeiy Teshuvos 88:5

[41] M”A 559:15 in name of Arizal; Chayeh Adam 135:25; 138:8; Misgeres Hashulchan 344:16; Alef Hamagen 581:109; Kaf Hachaim 581:90; M”B 559; See Chikrei Minhagim p. 273; Nitei Gavriel 86:3-4

[42] One who visits the cemetery prior to immersion causes the Kelipos to cleave to him. [ibid]

[43] See Chayeh Adam 135:22; M”B ibid

[44] Daas Zekeinim Parshas Pekudei; Haeshkol 17; Ledavid Emes Toras Hashelamim 18; Aruch Hashulchan 32:42; Keses Hasofer 11:18; Piskeiy Teshuvos 32:33

[45] Pela Yoeitz Erech Taharah; Mishmeres Shalom 2:1 and so is the custom of many Chassidim; See Maor Vashmesh Emor regarding not even thinking Torah beforehand; See Shulchan Melachim [Tevilas Ezra] 20; Ashel Avraham Butchach Tinyana 88; Hosafos Bnei Yissachar in Sur Meira Veasei Tov 54-55; Minchas Yitzchak Likkutei Teshuvos 10; Piskeiy Teshuvos 88:2; 240:30; Sheyikadesh Atzmo 63:6; See also Reishis Chochmah Shaar Hahvah 11; Maggid Meisharim Parshas Behar

[46] Minchas Yitzchak Likkutei Teshuvos 10; Piskeiy Teshuvos 240:30

[47] Implication of Admur in Siddur who places the additions for Tashmish after Kerias Shema Sheal Hamita, prior to Hamapil; Sh’lah Shaar Haosiyos Kuf; Ashel Avraham Butchach Tinyana 88 and 551; So rule regarding the entire Kerias Shema that it is only to be said after Tashmish; M”A 239:4 in name of Sh’lah; Shaar Hamitzvos Parshas Bereishis that Arizal said Shema after intercourse; Elya Raba 239:5; Kitzur SHU”A 71:4; Aruch Hashulchan 239:6; M”B 239:5; Kaf Hachaim 239:10; 240:4 that so was also the custom of the Arizal; Lehoros Nasan 4:20; Piskeiy Teshuvos 88:2; 239:6 footnote 44; 240:30; Sheyikadesh Atzmo 63:6;

Other opinions: Some Poskim rule that it is better to recite Hamapil before intercourse, in order so it include the intimacy in the blessing, and so it be said in purity. [Siddur Yaavetz Seder Shechiva; Likkutei Chaver Ben Chaim; Yifei Laleiv 239:4; Toras Chaim Sofer 239:3; Kuntrus Alei Terufa; Piskeiy Teshuvos 239 footnote 44]

[48] All Poskim ibid; See Lehoros Nasan 4:20 and Piskeiy Teshuvos ibid

[49] Ashel Avraham Butchach Tinyana 88 and 551; Piskeiy Teshuvos 88:2; 240:30; Sheyikadesh Atzmo 63:6

[50] So I received from Harav Yosef Simcha Ginzberg and other Rabbanei Anash; Darkei Chaim Veshalom 9: When the Munkatcher would immerse Tevilas Ezra he would say the blessings of Al Netilas Yadayim and Asher Yatzar beforehand while Elokaiy Neshama he would say in his mind until after he immersed; See also Sefer Hamamarim 5672 Vol. 2 P. 737; Sheyikadesh Atzmo 63:6

[51] Mishmeres Shalom 2:1 and so is the custom of many Chassidim; See Maor Vashmesh Emor regarding not even thinking Torsah beforehand; See Shulchan Melachim [Tevilas Ezra] 20; Based on Ketzos Hashulchan 12 footnote 9 there is no interval actually being done between the washing and the blessing  being that the blessing is being said on the second washing.

[52] So I received from Harav Yosef Simcha Ginzberg and other Rabbanei Anash that all the blessings are to be recited prior to Mikvah.

The reason: 1) The Rebbe ibid does not differentiate between one who is a Baal Keri or not. 2) One may come to verbalize words of Torah which is forbidden prior to Birchas Hatorah. 3) One is nullifying his time of learning [Bittul Torah] until he immerses. [See Admur 1:7; Siddur: “If it occurred that one does not have [enough] water available to wash his hands three times properly, [and he is thus unable to remove the impurity from his hands], nevertheless when he awakens at night Heaven forbid that he delay learning Torah until he is able to wash his hands three times.” Now if this was said regarding one who has impure hands from sleeping, which is a prohibition in the Zohar, certainly it would apply to a Baal Keri which according to all is allowed from the letter of the law to recite blessings. 4) In Chassidus it is explained that the blessings of Birchas Hashachar do not need any spiritual preparation to be said as they draw G-dliness from a very high source and are the source of one’s ability to prepare for Avodas Hashem throughout the day. Thus they do not require one to be on any specific spiritual level of sensitivity to allow their recital, as their entire purpose is to prepare and enter sensitivity even to the coarsest of matters. Hence it would appear that it is not contradictory to Chassidic practice to recite the blessings while one has the spiritual impurity of a Baal Keri. [See Sefer Hamamarim 5672 Vol. 2 P. 737; Toras Menachem Vol. 5 pages 83-85 ]

[53] Mishmeres Shalom 2:1 and so is the custom of many Chassidim; Pela Yoeitz Tevila; See Maor Vashmesh Emor regarding not even thinking Torah beforehand; See Shulchan Melachim [Tevilas Ezra] 20

[54] See our corresponding Sefer “Awaking like a Jew” Chapter 4 Halacha 8B in Q&A!

[55] See Piskeiy Teshuvos 88:2 and chapter 8 Halacha 9; See Sheyikadesh Atzmo 63:8; However, see Maor Vashmesh Emor regarding not even thinking Torah beforehand and that so was received from the Baal Shem Tov and Reb Elimelech of Lizensk; See Shulchan Melachim [Tevilas Ezra] 20.

[56] Reishis Chochmah Shaar Ha’ahav 11

[57] See Admur 46:9

[58] See Admur Kuntrus Achron 70:2; Leket Hakemach 89:39; Sheyikadesh Atzmo 63:9

[59] Admur 46:9 in parentheses; Peri Chadash 46:9; Hagahos of Rav Akiva Eiger 46; Piskeiy Teshuvos 46:16 and footnote 170 in length; So rule regarding Sefira: Admur 489:12; Michaber 489:3 as explained in Taz 489:6; M”A 489:7 according to opinion that Mitzvos need Kavana; M”B 489:16; See Birchas Habayis 46:15 footnote 41; Piskeiy Teshuvos 489:13 footnote 62; Piskeiy Teshuvos 296:17; See Halif Lecha Shlomo 42; Salmas Chaim 64

The reason this Tnaiy helps even according to those who rule the Mitzvos do not need intent: Even according to the opinion who holds that that Mitzvos do not need intent to fulfill ones obligation, if one specifically has in mind to not fulfill his obligation through this counting then everyone agrees he is not Yotzei against his will. Therefore, if one remembers at night he is to count with a blessing. [Admur 489:12; Rama 489:3; M”A 489:8; Chok Yaakov 489:14 Ran Rosh Hashanah 3 in name of Rabbeinu Shmuel; Beis Yosef 589; Erech Hashulchan 489:5; See Kaf Hachaim 475:59] This is unlike the opinion of the Reah who rules one is Yotzei even if he screams that he is intending to not be Yotzei. Practically, we do not suspect for his opinion. [Beis Yosef ibid]

[60] Daas Torah 46 that the ability to condition only applies by Sefira which is Rabbinical; Taz 489:6 regarding negation even by Sefira; It is thus questionable whether he has fulfilled his obligation even if he made a Tnaiy and remembered later on.  [P”M 489 M”Z 6]; See Piskeiy Teshuvos ibid

[61] Although Admur ibid writes his ruling in parentheses, which seems to indicate doubt [perhaps due to the arguments presented by the Daas Torah], practically, one may do so as is the simple implication of Admur 489:12 regarding Sefira where no differentiation is made between Biblical and Rabbinical

[62] Admur 40:9; Rama 40:6; Or Zarua 1:594; Ateres Zekeinim 40:3; See also Admur 76:4 and 88:1

[63] Definition: One who has released semen either in marital intercourse or through nocturnal emission, or heaven forefend even due to Zera Levatala

[64] See Admur 76:4 that if the semen is wet it suffices to clean it with a dry cloth, while if it has dried, then it must be washed off.

[65] See Admur 76:4 regarding Davening that a) It is proper to be stringent by semen just as by feces, and hence one is not to Daven if the semen is on his skin, until it is washed off, even if it is covered by clothing. 2) If it is not on the skin but on one’s clothing, then if it is on one of the inner clothing that is covered by exterior clothing, then it does not prohibit Davening. However, if it is on the outer clothing, then it must be cleaned/washed off. 3) Some Chassidim were stringent not to have semen even on their inner clothing.

[66] Poskim ibid; Ateres Zekeinim 40:3 “He may wear them even though he is considered impure”

[67] Sefer Chassidim 509

[68] See Piskeiy Teshuvos 88:1-2; 240:30

[69] Admur 88:1; 606:11; Taz 88:1; Olas Tamid 88:2; M”A 606:9; Elya Raba 606:11; Mishneh Mikvaos 3:4; See our corresponding Sefer “The laws and custom of Rosh Hashanah” or “Yom Kippur” under the laws of immersion for the full details of this matter.

[70] Meoreir Yisheinim 26:187; Piskeiy Teshuvos 88:2

[71] See Meoreir Yisheinim ibid; Sheyikadesh Atzmo 63:10

[72] Siddur Yaavetz Hanhagas Haboker Seder Baal Keri 5; See Meoreir Yisheinim 26:15

[73] See Toras Menachem 9:170; However, see Igros Kodesh 9:152 that one should not avoid studying Chassidus due to this reason.

[74] Meoreir Yisheinim 26:15; Divrei Yatziv 1:55

[75] Maor Vashemesh Parshas Emor

[76] Divrei Yatziv ibid

[77] Reishis Chochmah Ahavah 11:35; Hosafos Bnei Yissachar in Sur Meira Veasei Tov 54-55; Meoreir Yisheinim 26:15; Toras Chaim Sofer 88:2; Minchas Yitzchak Likkutei Teshuvos 10; Piskeiy Teshuvos 88:2; Divrei Yatziv 1:55; Sheyikadesh Atzmo 63:8 See Admur 613:19, Michaber 613:11, Rambam Yom Kippur 3:3 that there is no custom to permit the forbidden but rather to prohibit the permitted

[78] Meoreir Yisheinim 26:15

[79] See Piskeiy Teshuvos 88:3Sheyikadesh Atzmo 63:11

[80] M”B 88:2; Divrei Yatziv 1:55; See Mishnas Yosef 5:16; Piskeiy Teshuvos ibid footnote 28; See Admur 613:19, Michaber 613:11, Rambam Yom Kippur 3:3 regarding a Baal Keri being stringent to immerse against Halacha that there is no custom to permit the forbidden but rather to prohibit the permitted

[81] M”B 88:2; See Admur 613:19, Michaber 613:11, Rambam Yom Kippur 3:3 regarding a Baal Keri being stringent to immerse against Halacha that there is no custom to permit the forbidden but rather to prohibit the permitted

[82] M”B ibid that it is possible that one should be stringent even regarding Tefila Betzibur

[83] Mishmeres Shalom 2:1; Halacha Lemoshe Tevilas Ezra 36; Meorer Yisheinim 88:16; Minchas Yitzchak 4:61; Kinyan Torah 7:4; Teshuvos Vehanhagos 1:109; See Divrei Yatziv 1:55; Beir Sarim 4:126

[84] Piskeiy Teshuvos ibid

[85] Admur ibid; Rava Brachos ibid; See Mishneh Mikvaos 8:2-3 for the Mishnaic definition of a Baal Keri and Rambam Hilchos Avos Hastumos 5 [although it is unclear that the Halachic definition of a Baal Keri for laws of impurity are likewise the same definitions as that for Takanas Ezra. See Igros Moshe E.H. 1:72; Vetzaruch Iyun] See Encyclopedia Talmudit Vol. 4 Erech Baal Keri p. 145

[86] Admur ibid in parentheses; Rashba Brachos ibid; See Mishneh Mikvaos 3:4; Gittin 16a

[87] Ashel Avraham Butchach 88 regarding waking up with erection; Implication of Mishneh Mikvaos 8:3 that only if one dreamt of having actual relations do we assume that he released semen [although it is unclear that the Halachic definition of a Baal Keri for laws of impurity are likewise the same definitions as that for Takanas Ezra. Vetzaruch Iyun]; Piskeiy Teshuvos 88:7

[88] So is evident from all Poskim in coming footnotes who rule that even intercourse without ejaculation does not make one a Baal Keri; Implication of Mishneh ibid that only by an actual dream are we stringent

[89] Mishneh Mikvaos 8:3 and Mefarshim there [although it is unclear that the Halachic definition of a Baal Keri for laws of impurity are likewise the same definitions as that for Takanas Ezra. Vetzaruch Iyun]; Tiferes Shlomo Parshas Tazria; Damesek Eliezer Komrona

[90] See Pirush Hamishnayos of Rambam on Mikvaos ibid

[91] See Piskeiy Teshuvos 88:7; Sheyikadesh Atzmo 63:3

[92] Rambam Hilchos Avos Hastumos 5:10; Har Tzevi 1:46 writes that from the letter of the law he is not a Baal Keri, although due to the doubt of the Mishneh limelech it is proper to be stringent; Beir Moshe 5:18; Aliba Dehilchasa 40:9 in Teshuvah of Rebbe Nissim Katzury; Encylopedia Talmudit Vol. 4 Erech Baal Keri p. 136; See Mikvaos 8:4; Chulin 24b; Encyclopedia Hilchatit Refuit 3 p. 190

[93] Mishneh Limelech Bias Hamikdash 3:3 explains that “Belia Sheiyno Gemurah without ejaculation becomes Tamei due to Baal Keri”; Igros Moshe E.H. 1:72 that a) The Mishneh Limelech rules he becomes Tamei and b) perhaps by Takanas Ezra we are more stringent as the entire reason of the Takana is so one is not found by their wives like chickens, and hence perhaps even if one is not Tamei, he requires Tevilas Ezra; Teshuvos Vehanhagos 1:124

[94] See Har Tzevi ibid that this was the original case of discussion in his Shaalah

[95] Ashel Avraham Butchach 88; Torah Lishma 411; Piskeiy Teshuvos 88:7; See Mishneh Mikvaos 8:2; M”A 606:8

[96] Rambam Tefila 4:5; See Encyclopedia Talmudit Vol. 4 Erech Baal Keri p. 143

[97] Rambam Tefila 4:6; See Kinyan Torah 1:16; Mishneh Halachos 5:23

[98] Admur 613:19; Michaber 613:11; Rambam Yom Kippur 3:3; See Piskeiy Teshuvos 613:6

[99] The reason: As in today’s times the Takan of Ezra has been nullified, and there is no custom to permit the forbidden but rather to prohibit the permitted. [Admur ibid; Michaber ibid; Rambam ibid]

[100] Ashel Avraham Butchach 551; Mishpatecha Leyaakov 40; Shevet Halevi 7:77; Tzitz Eliezer 11:57; Piskeiy Teshuvos 551:48

[101] Ben Ish Chaiy Devarim 16; Aruch Hashulchan 551:35; Kaf Hachaim 551:190; Ashel Avraham Butchach; Shevet Halevi 7:77; Tzitz Eliezer 11:57; Orchois Rabbeinu p. 133 in name of Chazon Ish

[102] Derech Hachaim ibid; Kitzur SHU”A ibid; Kaf Hachaim ibid and Poskim mentioned in previous footnote; Tosefes Chaim on Chayeh Adam 133:37

[103] Tosefes Chaim ibid; Kaf Hachaim ibid

[104] Tosefes Chaim ibid; Piskeiy Teshuvos 551:48

[105] Siddur Yaavetz; Dass Torah 551; Shulchan Melachim Dinei Tevilas Ezra; Gesher Hachaim 22:1-7; Nitei Gavriel 105:2; See Pnei Baruch 14:9 that learns the above allowance regarding Shloshim and not necessarily Shiva

[106] Nodah Beyehuda Kama Y.D. 99

[107] Admur 326:7

[108] Admur ibid; Michaber 326:8; Beitza 17b

[109] Admur ibid as implied from Gemara ibid; Rama 197:2 in name of Rishonim

The reason: The reason that this is allowed is[109] being that doing so does not appear like one is rectifying [something on Shabbos which is forbidden] but rather like one who is going [in the water in order] to cool himself off. [Admur ibid; M”B 326:24; Rava Beitza 18a]

[110] So rule regarding a woman’s immersion if she could have immersed before Shabbos: Admur ibid; M”A 326:8; Terumos Hadeshen 255; Maharil 139; Rama Yoreh Deah 197:2; Bach 197; Shach 197:3; M”B 326:25

Other opinions: The Beis Yosef [brought in Shach 197:3] rules that there is never a prohibition to immerse on Shabbos in any situation. [Vetzaruch Iyun if this is even if she could have immersed beforehand? Seemingly yes, as so is implied from the fact that the Michaber never rules anywhere regarding any restrictions in immersing on Shabbos, and rather wrote simply that one may immerse on Shabbos.] Others rule that it is forbidden to immerse on Shabbos even if [she had holy reasons to avoid doing so beforehand, such as that] her husband did not arrive until Erev Shabbos. [stringent opinion in Rama ibid; Taz 197:4 based on his understanding of the Terumas Hadeshen] However he too agrees that in a case that she could not immerse due to a physical impracticality [Oness], such as that she is after birth and did not have the strength to immerse beforehand, then it is allowed. Thus the Taz argues on Rama which holds that it is dependent on the custom and rather rules that it is always forbidden unless it was physically impossible for her to do so. In the Nekudos Hakesef the Shach debates against the ruling of the Taz and supports the ruling of the Rama and Bach.    

Custom of Sephardim: The Sephardim are accustomed to be lenient in this matter and immerse on Friday nights. [Beis Yosef ibid; Rav Poalim O.C. 4:12; Mizbeiach Adam 199; K’neses Hagedola 197:5; Shulchan Gavoa 197:4; Taharas Habayis 2:454; However, see Darkei Taharah p. 170 that writes to be stringent in this matter as rule Admur here and Rama ibid.]

[111] Admur ibid; M”A 326:8; Olas Shabbos; Elya Raba Tosefes Shabbos; Shulchan Atzei Shitim; Aruch Hashulchan 326:10; M”B 326:24; Poskim in Piskeiy Teshuvos 326:9 footnote 118

The reason: The reason is because since this immersion is not Biblically required (and is not even a complete Rabbinical obligation [therefore] it does not appear like one is rectifying [himself].) [Admur ibid; M”A ibid; Machatzis Hashekel ibid; M”B ibid; Seemingly Admur here is coming to answer why be a Baal Keri we permit the immersion even though by Keilim we are stringent even though some rule that Tevilas Keilim is only Rabbinical.]

Other opinions: Some Poskim rule a Baal Keri may not immerse in a Mikveh on Shabbos as it appears like fixing [Biur Hagr”a 326:8, brought Biur Halacha 326:8 “Adam Mutar”; See M”A 128:70 and Admur 128:57] Even according to this opinion however one may immerse if he became a Baal Keri on Shabbos. [M”B ibid; Biur Halacha ibid] However some were accustoedm to be stringent even in such a case. [M”A and Admur ibid] The Gr”a, brought in Biur Halacha ibid rules that since today we are accustomed not to bathe even in cold water it therefore appears like one is fixing and one may thus not immerse for nocturnal emission. The Ketzos Hashulchan 133 footnote 8 however adds that today since many are accustomed to immerse for the sake of additional purity [which does not involve a fixing prohibition according to all] it therefore once again is unnoticeable that one is immersing for nocturnal emission and thus even according to the GR”A  it would be allowed. See also Poskim in Piskeiy Teshuvos ibid who bring this ruling.

Ruling of Admur and M”A regarding Kohanim: In 128 the M”A 128:70 and Admur 128:57 explain that the Kohanim were accustomed not to do Nesias Kapayim on Shabbos due to the prohibition against immersing on Shabbos. See Nimukei Orach Chaim 326:1

[112] Arizal in Peri Eitz Chaim Shaar Kerias Shema Sheal Hamita 11; Ben Ish Chaiy Vayeira 2 in end; Aruch Hashulchan 326:10; Ketzos Hashulchan 133:4 footnote 8; Betzel Hachochma 5:23; Shevet Halevi 6:28; Lehoros Nasan 4:31; Teshuvos Vehanhagos 4:89; Koveitz Teshuvos 1:39; Minchas Yitzchak 3:15; All Poskim in Piskeiy Teshuvos 88 and 280:3 and 240:9; Piskeiy Teshuvos 326:9 footnote 118; The Arizal and other Mekubalim write that one is to immerse on Shabbos. The Arizal writes that if one is a Baal Keri or had Tashmish on Friday night then he is obligated to immerse on Shabbos day. Furthermore, he writes, even if the above did not occur one must still immerse on Shabbos day in order to garb his soul with the new revelations of Shabbos day, which one did not yet receive with his immersion done on Erev Shabbos. [Kaf Hachaim 260:6]

The reason: The reason for this is a) As the Maharil states that the reason for the stringency against immersing is to avoid any carrying of the water, swimming, squeezing hair. Now, regarding men immersing in an indoor Mikveh only the squeezing of hair is relevant, which is easily avoidable, while the carrying and swimming issues are not relevant. Thus, one may be more lenient. Now although Admur wrote that “the custom is to not bathe at all on Shabbos “, nevertheless it is evident from the fact that later on Admur states the permission to immerse that this custom only applies to pleasure baths and not to baths motivated for other purposes.  b) The Arizal writes that it is a Mitzvah to immerse on Shabbos morning and it is thus considered its right time, as opposed to the ruling by women which involves a date which is not their correct time. c) The custom of not bathing in cold waters is itself a stringency and it thus suffices to be stringent to not bathe for pleasure, and not to extend this to even Mitzvah purposes. [Ketzos Hashulchan 133 footnote 8]

Opinion of Mishneh Berurah: The Biur Halacha 326:8 “Adam Mutar” rules that one is to avoid immersing for purposes of additional purity being that one may come to squeeze his hair, and it suffices that we already allow to be lenient to immerse for nocturnal emission. [Biur Halacha 326:8 “Adam Mutar”] The Ketzos Hashulchan 133 footnote 8 however takes to par this ruling of the M”B being that a) The source of the M”B is in the Mahril which sates with regards to women that would avoid immersing on Shabbos if that is not their Halachic date of immersing. Now the Mahril states that the reason for this stringency is to avoid any carrying of the water, swimming, squeezing hair. Now, regarding men immersing in an indoor Mikveh only the squeezing of hair is relevant and thus there is no source from the Mahril to be stringent when only one suspicion is relevant. Furthermore, the suspicion of squeezing hair is a lot more relevant by women than men, and thus there is no support from the ruling regarding women at all. b) The Arizal writes that it is a Mitzvah to immerse on Shabbos morning and it is thus considered its right time, as opposed to the ruling by women which involves a date which is not their correct time. c) The custom of not bathing in cold waters is itself a stringency and it thus suffices to be stringent to not bathe for pleasure, and not to extend this to even Mitzvah purposes. [ibid]

[113] M”B 326:24; Gemara ibid

[114] See Betzel Hachochma 5:23; Shevet Halevi 6:28; Lehoros Nasan 4:31; Teshuvos Vehanhagos 4:89; Koveitz Teshuvos 1:39; Piskeiy Teshuvos 88 and 280:3 and 240:9; Arizal in Peri Eitz Chaim Shaar Kerias Shema Sheal Hamita 11; Minchas Yitzchak 3:15

[115] Piskeiy Teshuvos 88 footnote 7 in name of the Chafetz Chaim, Rav Chaim Kanievsky, and Rav Elyashiv

[116] Kaf Hachayim 260:6

[117] So writes Arizal, in order to garb his soul with the holiness of Shabbos day. [ibid]

[118] Tosefes Shabbos; Ketzos Hashulchan 133 footnote 8; Piskeiy Teshuvos 326:7

[119] Pashut, as otherwise one enters himself into many worries of Shabbos transgressions, as explained above.

[120] The reason: As we did not accept this custom in the place of a Mitzvah such as Tevila. This is seemingly no different than women immersing on the night of their Mikveh.

[121] Minchas Yitzchak 6:32, Piskeiy Teshuvos 339:1

[122] So is implied from Admur 326:7 which does not differentiate between bodies of water, despite having brought the custom in 326:6.

[123] M”A 240:1; Arizal in Peri Eitz Chaim Shaar Kerias Shema Sheal Hamita 11; Siddur Arizal Kol Yaakov p. 112b; Beir Heiytiv 240:1; Chayeh Adam 139:7 and Kaf Hachaim 581:89 regarding night of Mikveh on Rosh Hashanah that he should have intercourse even if he cannot immerse the next day; Ashel Avraham Butchach 88; Meorer Yisheinim 240:16; Levushei Mordechai 4:41; Cheshev Haeifod 2:51; Kinyan Torah 1:33; Minchas Yitzchak 3:15; Betzel Hachochma 5:23; Piskeiy Teshuvos 88 footnote 17 and 240:9; Sheyikadesh Atzmo 63:17; See Maharam Brisk 3:35 and Peri Hasadeh 4:2

[124] Ashel Avraham Butchach 88

[125] See Igros Moshe E.H. 3:28 that one may avoid doing it every day in order not to become a Baal Keri; Piskeiy Teshuvos 240:3 footnote 19; See Tur 240: 5 and E.H. 25:8 in name of Raavad that Semol Doche and Yemin Mikareves was said regarding the Tayalim, that they should try to get their wives to allow them to diminish from the daily Onah, omitted in Shulchan Aruch; See Sheyikadesh Atzmo 1 footnote 16

[126] See Minchas Yitzchak 3:15; Piskeiy Teshuvos 240:9; Sheyikadesh Atzmo 63:16

[127] See M”A 240:1; Arizal in Peri Eitz Chaim Shaar Kerias Shema Sheal Hamita 11; Beir Heiytiv 240:1; Minchas Yitzchak ibid; Piskeiy Teshuvos ibid; See Maharam Brisk 3:35 and Peri Hasadeh 4:2, brought in Sheyikadesh Atzmo 63:18, that one may push it off even if it is Mikveh night in such a case if all the following conditions are fulfilled: a) His wife is completely Mochel, b) He has already fulfilled the Mitzvah of Peru Urevu, or his wife cannot get pregnant, c) He is not bothered by Hirhurim, d) He is always Makpid on Tevials Ezra,

[128] See Sheyikadesh Atzmo 63:18

[129] Mishneh Mikvaod 8:4; Rambam Hilchos Avos Hastumos 5:7; Ben Ish Chaiy Vayeira 2:25; Mateh Efraim 606:15; Biur Halacha 606:4 “Mishum”; Piskeiy Teshuvos 88:7; Sheyikadesh Atzmo 63:4

[130] See Makor Chaim 88 and Ben Ish Chaiy ibid; Piskeiy Teshuvos ibid footnote 55

[131] Biur Halacha ibid

[132] Rambam Hilchos Avos Hastumos 5:10; Biur Halacha ibid

[133] Eshkol [Tefila 1]; Mamar Mordechai [1790] 1-2, brought in Shaareiy Teshuvah 88:1; Biur Halacha 88 “Vechen”; Shulchan Melachim in Halacha Lemoshe Dinei Tevilas Ezra 12; Ashel Avraham Butchach Tinyana 88; Piskeiy Teshuvos 88:8; Sheyikadesh Atzmo 63:2; Leaning opinion of Minchas Chinuch 180:4

Other Opinions: Some Poskim rule that a Chatzitza invalidates the immersion of a Baal Keri. [Amudei Eish Kuntrus Beis Tefila 12; opinion of Gadol brought in Minchas Chinuch 180:4] The Shaareiy Teshuvah ibid leaves this matter in question. The Ashel Avraham Tinyana [Butchach] 88 implies that initially one should remove a Chatzitza [The statement brought in Piskeiy Teshuvos ibid footnote 57 that the Ashel Avraham holds it does not even contain a Midas Chassidus is inaccurate] The Rashba [Yevamos 47] rules that a Chatzitza invalidates the immersion of a Baal Keri. Nevertheless, this only refers to one who needs to immerse Biblically, such as in the times of the Temple. However, for the immersion of Takanas Ezra even the Rashba agrees it is not necessary. [Shulchan Melachim ibid]

[134] See previous footnote “Other Poskim”

[135] Piskeiy Teshuvos 88:8

[136] Biur Halacha 88 “Vechin”; Halacha Lemoshe Dinei Tevilas Ezra 12; as is implied from the Eshkol

[137] Piskeiy Teshuvos 88:8; Vetzaruch Iyun on his source as the simple reading of the Poskim ibid do not imply that a differentiation exists between forms of Chatzitzas.

[138] Ben Ish Chaiy Netzavim 3; Kaf Hachaim 581:84; This is also required based on the teachings of the Arizal. [Kaf Hachaim 260:4]; M”E 606:8 regarding Erev Yom Kippur

[139] M”E 606:8 regarding Erev Yom Kippur

[140] The above statement of the Poskim that validate the immersion of a man even if he has a Chatzitza refer specifically to one who is immersing do to being a Baal Keri. However, when immersing for Teshuvah purposes, as is done on Erev Yom Kippur, the Poskim ibid write that one is to remove all Chatzitzas. This arouses a question regarding those that are accustomed to immersing daily, irrelevant of being a Baal Keri, due to extra purity. Perhaps they too should be careful with all the laws of Chatzitza. Practically, the custom of Chassidim is to shower prior to Mikveh, although they are not particular to cut the nails and brush the knots out of the hair during this time. Vetzaruch Iyun.

[141] Shaareiy Halacha Uminhag 1:131

[142] Admur 606:11-12

[143] 2, 4, 5, 13, 14, 39 [Shalah]. The Arizal would immerse 2 times on Erev Shabbos, once to remove the mundane garments of his soul, and the second to attain the holy garments of Shabbos. If one is a Baal Keri then he is to dip three times in total according to the Arizal. [Kaf Hachaim 260:6]

[144] The Rebbe concludes “Who am I to arbitrate between all these opinions”. [ibid]

[145] In Shabbos 14a the Gemara states that one may not shower his head and majority of his body in water after immersing in the Mikveh. It is disputed as to what form of immersion this decree applied to, as brought in Shulchan Aruch 202:75

[146] Shevet Halevi 7:33; Piskeiy Teshuvos 88:8; Even regarding a Niddah the Rama Yoreh Deah 202:75 rules that only some opinions are stringent and so is the custom. However, others argue on Rama and rule doing so is permitted even by a Niddah. [Gr”a ibid; Darkei Teshuvah 202:332; Lechem Vesimla 122; Birkeiy Yosef 202:75 in name of Rabbeinu Yeshayah 152 and Peri Hadama]

Other opinions: Some Poskim rule one may not shower after Mikveh, just as is the custom regarding a Mikveh. [Tiferes Adam 1:28]

[147] Shevet Halevi ibid concludes that it is proper to be stringent; Piskeiy Teshuvos 260:1 in name of Shevet Halevi that so is the custom of the world to avoid doing so despite it being allowed from the letter of the law. See also Tiferes Adam 1:28which rules one should never shower after Mikveh.

[148] Based on Kaf Hachaim 260:8

[149] As the water is considered holy with the spirit of Shabbos and it is thus proper for the body to absorb it. [ibid] However see Kaf Hachaim 260:8 which writes that this only applies if one did not immerse more than once, otherwise he has already washed away the main Mikveh water. Nevertheless, he concludes that even these second waters of the Mikveh has some holiness and is thus not to be dried.

[150] The holiness of that leftover water from the Mikveh will then subsequently spread to the rest of the body. [Rebbe Shaareiy Halacha Uminhag 1:131]

[151] Shaareiy Halacha Uminhag 1:131

[152] Admur 606:11 regarding Erev Yom Kippur

[153] Shalah Hakadosh Yuma p. 288; Minchas Yitzchak 3:64; Kinyan Torah 1:33; See Igros Kodesh 9:353; Igros Kodesh brought in Shulchan Menachem 1:143; Igros Kodesh Rebbe Rayatz 2:142 distinguishes between the two matters regarding pouring and Mishnayos.

[154] Shalah; Minchas Yitzchak; Kinyan Torah brought in previous footnote.

Other Poskim: Some Poskim are lenient and rule that the leniencies of Sheuvim [and Zochlin] apply even when one immerses for Teshuvah or Tosefes Taharah. [Munkatcher in Divrei Torah 9:83; Torah Lishma 375; Piskeiy Teshuvos 88:6] Nevertheless even the above Poskim are initially stringent [Darkei Chaim Veshalom 356; Piskeiy Teshuvos ibid]

[155] Shalah ibid; Minchas Yitzchak ibid; Kinyan Torah ibid

[156] Kinyan Torah 1:33; Kaf Hachaim 88:5; Piskeiy Teshuvos 88:4; and so is implied from Admur 606:11-see previous footnotes.

[157] Admur 606:11; 88:1; See

[158] Shiurei Torah 3:29

Other Opinions: According to the Chazon Ish 40 Seah is 576 liters.

[159] As this immersion for the purpose of purifying oneself from the state of Keri is valid even when using drawn water. [ibid]

[160] Admur 606:11; 88:1 [in parentheses]; M”B in name of Rav Akiva Eiger; Stringent opinion in Gemara Brachos 22b; 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.

[161] Divrei Yichezkal 13; Piskeiy Teshuvos 88 footnote 44; Sheyikadesh Atzmo 63:12

[162] Shiurei Mikveh p. 163 [However Lechatchila it is to be 4.8 cm wide]

The reason: This is the measurement required for an item to not be considered a vessel.

Other Opinions: According to the Chazon Ish Shefoferes Hanod is 4.8 cm wide.

[163] See Minchas Yitzchak 3:64; See Piskeiy Teshuvos 88:6 which states that a pool is [even initially!] valid even if its filter is working. This is not fully accurate as explained in the supplement and footnotes below. Nevertheless, in a time of need certainly one is not to refrain from immersing in a pool with a filter.

[164] As pools are mostly made of Sheuvim, which is invalid for Tosefes Taharah according to many opinions, as explained in the introduction above, and the next supplement. Furthermore, even according to the lenient opinions mentioned there, they agree that it is proper to initially immerse in a Mikveh that is valid even for women.

[165] In order to avoid the problem of Zochlin according to all; Sheyikadesh Atzmo 63:12

[166] As according to some Poskim the filters used in pools are not considered Zochlin. [See Supplement and Piskeiy Teshuvos 88:6] Furthermore according to some Poskim Zochlin is valid for a Baal Keri. See supplement on men immersing in a Mikveh with a filter.

[167] Admur 606:11; 88:1 [in parentheses]; M”B in name of Rav Akiva Eiger; Stringent opinion in Gemara Brachos 22b; 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.

[168] Admur 88:1 regarding a Choleh who had intercourse, or healthy person who had a nocturnal emission; Admur 606:11 regarding all people on Erev Yom Kippur; Taz 88:1; Olas Tamid 88:2; M”A 606:9; Elya Raba 606:11; Sheyikadesh Atzmo 63:13

[169] Shiurei Torah 3:30 writes that 9 Kavim is equivalent to 12.441 liters of water. The Piskeiy Teshuvos 88:5 writes that according to the Grach Naah [author of Shiurei Torah] one is to initially use 18 liters and 12.5 litters is only in a time of need. Vetzaruch Iyun as to his source, being that the Grach Naah explicitly writes 12.5 liters.

Other Opinions: The Chazon Ish rules that initially it is to be 23 liters and in a time of need 17.5 liters suffice. Others rule it is 11.3 liters. [brought in Piskeiy Teshuvos ibid] Others rule it is 16 Liters. [Minchas Yitzchak 4:51]

[170] Admur ibid; Some Poskim [Bier Heiytiv 88] record 3-4 buckets are valid. This is a printing error. [Kaf Hachaim 88:6]

[171] Kinyan Torah 1:33; Tzur Yaakov 9; Chelkas Yaakov 3:61 Minchas Yitzchak 4:51; Vayaan Yosef 1:45; Divrei Yaatziv Likkut 13; Beir Moshe 6:74; Shraga Hameir 1:16; Shevet Halevi 1:24; Piskeiy Teshuvos 88:5

Other Opinions: Some Poskim are stringent and disqualify the use of a shower on the basis that according to the Raavad one requires Koach Gavra to validate the nine Kavim. [Opinion of Mishneh Halachos 3:2-6; 3:8; 5:19-22; 6:23]. The vast majority of Gedolei HaPoskim ibid however rule it is allowed based on that we do not rule like the Raavad in this matter, and even according to the Raavad today that the nine Kavim is only a custom he would agree it is allowed. [Kinyan Torah ibid]

[172] Piskeiy Teshuvos 88 footnote 42 [This applies even according to the opinion that requires 23 liters]

[173] M”B 88:4; M”E 606:10; Kaf Hachaim 88:7

[174] So is implied from Mateh Efraim ibid; M”B ibid that state “Neged Libo” and that it should not be “a forceful hug”.

[175] Kaf Hachaim 88:7

[176] Alef Lamateh 606:3; However see P”M 88 M”Z 1 that learns from the Rambam that the water must touch every area of the body. Nevertheless, the P”M himself concludes that the custom is not to do so. See Eretz Tzvi 1:89; Shaareiy Teshuvah 88:1 in name of Mamar Mordechai

[177] P”M 88 M”Z; Kaf Hachaim 88:7; Sheyikadesh Atzmo 63:13

[178] Piskeiy Teshuvos 88:5, and so is proven from the P”M ibid which does not require to wet it beforehand.

[179] Beir Moshe 5:18

[180] Rav Shlomo Kluger in Shiyurei Taharah brought in Piskeiy Teshuvos 88:5 footnote 38

[181] Alef Lamateh 606:3; Eretz Tzvi 1:89; Piskeiy Teshuvos 88:5

[182] Admur 88:1; M”B 88:4 in name of Beis Yosef; Piskeiy Teshuvos 88:5

[183] Mateh Efraim 606:12; Unlike ruling of Divreiy Yisrael 1:11 brought in Piskeiy Teshuvos 88 footnote 40

[184] This is unlike the case stated in Admur ibid that it is valid to pour the nine Kavim on the upper part of the body when the lower part is in the Mikveh, as that law only applies by a Kosher Mikveh and not to the water in a bathtub. [M”E ibid]

[185] Admur 606:11 regarding Erev Yom Kippur; However, in 88:1 Admur plainly rules that a Baal Keri who saw a nocturnal emission can even initially perform nine Kavim and does not limit this to one who is sick. Seemingly the reason is because everyone agrees that nine Kavim remove the Keri impurity however it does not purify a person like a Mikveh for purposes of Teshuvah, and since some opinions rule one immerses Erev Rosh Hashanah and Erev Yom Kippur for purposes of Teshuvah, it is only to be used as a last resort. [See Kinyan Torah 1:33]

[186] M”B 581:26

[187] See Admur ibid that only one who is in pain from immersion should use this method; Admur 88:1 who only writes the allowance of 9 Kavim for a Baal Keri who saw a nocturnal emission or a sick person who had intercourse

[188] Kinyan Torah 1:33; Piskeiy Teshuvos 88:4; and so is implied from Admur 606:11-see previous footnotes.

[189] Or Tzadikim 1:14; Sefer Chassidim 157; Olas Tamid 240:8; Sheyikadesh Atzmo 63:14

[190] Tzivas Harivash 144 in name of Besht and Arizal; Ben Ish Chaiy Netzavim 3 based on Sefer Emes Leyaakov; Kaf Hachaim 76:22; Ashel Avraham Butchach 88; Rav Mottle Chernobyl brought in Sefer Chesed Leavraham; Piskeiy Teshuvos 88:4; Igros Kodesh 9:353

[191] Thus, the first pour is on the right hand, the second on the left, the third on the right etc until by the 20th pour each hand received ten pours inconsecutively.

[192] ibid

[193] See Kaf Hachaim ibid; Piskeiy Teshuvos 88 footnote 31

[194] The following is the Kavana: The name Havaya when written in full [with the unseen pronounced letters] contains 10 letters (יו”ד-ה”י-וי”ו-ה”י). These ten letters equal the Gematria of 72. Prior to beginning the pouring one is to supplicate to G-d and say “May it be Your will that this washing of the hands be considered as if I immersed in 40 Seah of a Mikveh….. “ One is then to pour on the right hand one time  intending the first letter “Yud” he then pours on the left hand one time also intending the first letter “Yud”. He continues intending each letter for each pouring of right-left for a total of ten letters, each letter being intended by each set of right left pouring’s. He is then to pour ten times consecutively on the right hand intending one letter of the Divine name by each pouring. He then repeats this order for the left hand. [Emes Leyaakov brought in Kaf Hachaim ibid]

[195] Igros Kodesh 9:353

[196] Igros Kodesh brought in Shulchan Menachem 1:143; Igros Kodesh Rebbe Rayatz 2:142; Sheyikadesh Atzmo 63:14

[197] Miseches Tamid 2:31; See Sheyikadesh Atzmo 63:16

[198] As explained above that the Nine Kavim or Mayim Sheuvim only help to remove the Keri impurity and not for Tosefes Taharah which is accomplished through a Mikveh.

[199] A Mikveh that contains water that is flowing from it is defined as Zochlin.

[200] Mechzeh Avraham 13 based on M”A 159:27 and Admur 159:22 as explained in Machatzis Hashekel 159 regarding Tevilas Yadayim for bread; Zichron Yehuda 2:62; Vayaan Yosef 46; Beir Moshe 5:21; Minchas Yitzchak 3:64; Piskeiy Teshuvos 88:6; Sheyikadesh Atzmo 63:12

[201] The reason: They rule that Zochalin [running water] is invalid for purification of a Baal Keri just like it is invalid for a Halachicly required immersion [i.e. Niddah; Ger; Vessels]. [Yoreh Deah 201:2] The proof that Zochlin is invalid for Keri is from the fact the Machatzis Hashekel ibid explains that the reason the Raavad is lenient to allow immersing hands in 40 Seah of drawn water [see Michaber 159:16; Admur 159:23] is because it is valid for a Baal Keri. Thus we see that regarding Zochlin, it is invalid even for a Baal Keri and therefore even regarding Tevilas Yadayim there is question as to whether it is valid. The reason to differentiate between Sheuvim and Zochlin, that Sheuvin is valid while Zochlin is not, is because according to most Poskim Zochlin is a Biblical requirement while Sheuvim is only Rabbinical, and hence by a Baal Keri we are lenient only regarding Sheuvim. [Beir Moshe ibid]

Zochlin Sheiyno Nikeres: Some Poskim rule one may be lenient regarding an unnoticeable flow [such as a crack in the wall] regarding Tevilas Ezra. [Beir Moshe ibid]

Zochlin above 40 Seah: Some Poskim rule one may be lenient regarding a flow that occurs above the 40 Seah water level of the Mikveh regarding Tevilas Ezra. [Beir Moshe ibid]

Water going into the Mikveh: Some Poskim rule one may be lenient regarding a flow of water that enters into the Mikveh regarding Tevilas Ezra. [Beir Moshe ibid]

[202] Arugos Bosem brought in Teshuvah of Zichron Yehuda, brought in Minchas Yitzchak 3:64

[203] Minchas Yitzchak 3:64; Kinyan Torah 1:33; Mishneh Yosef 4:3; Piskeiy Teshuvos 88:6 [that initially one is to use a Mikveh that is Kosher with all the Hidurim].

[204] Mikveh Mayim p. 84 and p. 17; Beir Moshe 5:21; Piskeiy Teshuvos 88:6 footnote 43

Background and other opinions:

Such a filter is not an issue of Zochlin according to all as the water never leaves the Mikveh. [Mikveh Mayim p. 84 and p. 17; Piskeiy Teshuvos 88:6; Beir Moshe ibid] Likewise if the filter is made in a way that it does not hold the water but is simply a tube with filtering material that the water passes through, then it also does not pose an issue of Sheuvim. [ibid] Nevertheless many of today’s Poskim forbid such a filter for a women’s Mikveh due to Zochlin. [Kol Korei in Kisleiv 5767; Brought in Kuntrus Mikveh Al Gabei Haotzer of Rav Boaz Lerner p. 59] Likewise these filters can also pose a problem of Sheuvim due to their filtering cloth. [ibid]

[205] As according to many Poskim Sheuvim is only valid for Keri and not for Tosefes Taharah.

[206] As Sheuvim is valid according to all to purify from Keri and Zochlin itself is a dispute if valid for Keri, and it is also disputed whether the filters we use today are at all defined as Zochlin even for a woman’s Mikveh. Hence one is certainly not to refrain from immersion due to a problematic filter.

[207] 3:64; so rules also Beir Moshe 5:21

[208] Beir Moshe 5:21; This matter is disputed in Poskim regarding whether it is considered Zochlin. [See supplement on men immersing in a Mikveh with a filter.] The Beir Moshe ibid concludes that one may be lenient regarding a Baal Keri.

[209] As some Poskim rule it is considered Zochlin. [See supplement on men immersing in a Mikveh with a filter.]

[210] Beir Moshe 5:21; Piskeiy Teshuvos 88 footnote 48

[211] As the Mikveh is considered Zochlin.

[212] Igros Moshe Yoreh Deah 2:90; See Shut Rav Mordechai Eliyahu 24 in answer to a question posed by a Balanit of a women’s Mikveh

[213] Shoel Umeishiv Telisa 1:123

[214] He states that there that this is the custom in many cities that the men and women use the same Mikveh and there was never a protest regarding this matter. In the city of Prague, the men, including the Rav and his Beis Din all used the women’s Mikveh. Furthermore, there is actually benefit in this as the men, who understand the laws of Mikveh, will be able to visit and determine the Kashrus status of the Mikveh and fix any problems that may have occurred over the years. See there for the fierce wording used against those who want to forbid men from going to a woman’s Mikveh under the basis that it deters the women from going.

[215] Igros Moshe ibid; Shut Rav Mordechai Eliyahu ibid

[216] Igros Moshe ibid that so was the arraignment made in the Mikveh in Detroit.

[217] Shut Mordechai Eliyahu ibid

[218] Eshkol [Tefila 1]; Mamar Mordechai [1790] 1-2, brought in Shaareiy Teshuvah 88:1; Biur Halacha 88 “Vechen”; Shulchan Melachim in Halacha Lemoshe Dinei Tevilas Ezra 12; Piskeiy Teshuvos 88:8; Leaning opinion of Minchas Chinuch 180:4

Other Opinions: Some Poskim rule that a Chatzitza invalidates the immersion of a Baal Keri. [Amudei Eish Kuntrus Beis Tefila 12; opinion of Gadol brought in Minchas Chinuch 180:4] The Shaareiy Teshuvah ibid leaves this matter in question. The Ashel Avraham Tinyana [Butchach] 88 implies that initially one should remove a Chatzitza [The statement brought in Piskeiy Teshuvos ibid footnote 57 that the Ashel Avraham holds it does not even contain a Midas Chassidus is inaccurate] The Rashba [Yevamos 47] rules that a Chatzitza invalidates the immersion of a Baal Keri. Nevertheless, this only refers to one who needs to immerse Biblically, such as in the times of the Temple. However, for the immersion of Takanas Ezra even the Rashba agrees it is not necessary. [Shulchan Melachim ibid]

[219] See previous footnote “Other Poskim”

[220] Biur Halacha 88 “Vechin”; Halacha Lemoshe Dinei Tevilas Ezra 12, as is implied from the Eshkol

[221] Piskeiy Teshuvos 88:8; Vetzaruch Iyun on his source as the simple reading of the Poskim ibid do not imply that a differentiation exists between forms of Chatzitzas.

[222] Ben Ish Chaiy Netzavim 3; Kaf Hachaim 581:84; This is also required based on the teachings of the Arizal. [Kaf Hachaim 260:4]; M”E 606:8 regarding Erev Yom Kippur

[223] The above statement of the Poskim that validate the immersion of a man even if he has a Chatzitza refer specifically to one who is immersing due to being a Baal Keri. However, when immersing for Teshuvah purposes, as is done on Erev Yom Kippur, the Poskim ibid write that one is to remove all Chatzitzas. This arouses a question regarding those that are accustomed to immersing daily, irrelevant of being a Baal Keri, due to extra purity. Perhaps they too should be careful with all the laws of Chatzitza. Practically, the custom of Chassidim is to shower prior to Mikveh, although they are not particular to cut the nails and brush the knots out of the hair during this time. Vetzaruch Iyun.

[224] Michaber Y.D. 198:46; Rambam Mikvaos 1:7; Rosh Mikvaos 28; Rav Beitza 18a “A woman may connivingly immerse with her clothing”; Shach 198:56; Raavan Niddah 327 p. 138a; Sefer Hachinuch Mitzvah 175; Beri Heiytiv of Maharit 198:31; Minchas Yitzchak 4:35; Igros Moshe E.H. 4:14; 4:23-3; O.C. 1:54; Y.D. 4:17; Implication of Rebbe in Igros Kodesh 18:482 in a Limud Zechus of Ben Niddah

[225] See Piskeiy Teshuvos 88:8 that initially one is to remove from the body all items that one normally removes upon bathing. Vetzaruch Iyun on his source as the simple reading of the Poskim ibid do not imply that a differentiation exists between forms of Chatzitzas; See Rama 198:1 in general law; Makor Chaim 198:156

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