May a man immerse in a Mikveh during Shiva?

1. Background Laws:[1]

It is forbidden for an Avel to bathe throughout Shiva.[2] This applies to both men and women, and even towards a married woman.[3]

Cold water:[4] The above prohibition applies even against bathing the in cold water.

One who is dirty:[5] One whose body is dirty with mud or feces [or sweat[6]] may bathe/shower regularly without worry [even using hot water in order to remove the dirt and sweat].[7] [One, however, may only wash with hot water the area of the body that is dirty.[8] If, however, one feels dirty in his entire body, then he may bathe his entire body.[9] One may not remain in the water once the dirt or sweat has been washed off.]

Nidda-Mikveh:[10] A woman who is a Nidda may not immerse in a Mikveh during Shiva even if her Mikveh night falls during that time.[11]

Pampered person:[12] One who is pampered [i.e. Istanis], which is defined as one who constantly feels very cold and has a history of colds, is permitted to bathe his entire body in hot water. Not every person can claim that he is an Istanis, but rather only those who are well known for their extra measure of cleanliness, and that if they do not bathe, they will suffer tremendously and come down with an ailment, is defined as an Istanis.

May one bathe on Erev Shabbos during Shiva?[13] Bathing on Erev Shabbos during Shiva follow the same laws and restrictions as all bathing during Shiva and hence one may not bathe any part of his body in hot water, although may wash minority of his body in cold water.

Men immersing in a Mikveh on Yom Kippur and Tishe  Beav:[14] It is forbidden for a man to immerse in a Mikveh, or pour nine Kavim on his body, on Yom Kippur or Tishe Beav even if he became a Baal Keri and desires to do so due to the Takana of Ezra.[15]

1. The Law Regarding Mikveh during Shiva

One may not immerse in a Mikveh during Shiva.[16] However, 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.[17] However, some Poskim[18] are stringent even in such a case.

Erev Shabbos:[19] It is forbidden to immerse in even a cold Mikveh on Erev Shabbos, even if he is particular to do so every Erev Shabbos.[20] However some Poskim[21] are lenient in this matter.[22] [Practically, there is a tradition from elderly Chabad Chassidim to immerse close to sunset.[23] Those who are lenient are to immerse discreetly while other people are not around. Likewise, they may not remain in the Mikveh water and are to immerse and then leave.[24]]

Shabbos: It is forbidden to immerse in even a cold Mikveh on Shabbos, even if he is particular to do so every Shabbos.[25] However some[26] are lenient in this matter. Those who are lenient, are to immerse discreetly while other people are not around. Likewise, they may not remain in the Mikveh water and are to immerse and then leave.[27] If the last day of Shiva falls on Shabbos, the Avel may immerse prior to Shacharis.[28]

Summary

This halacha reviews the prohibition for an avel to bathe during Shiva and applies it to immersion in a mikveh. In general, a man may not immerse during Shiva. An exception may apply for one who became a baal keri and is consistently particular to immerse after keri, in which case some permit immersing in cold water (though others are stringent). Immersion on Erev Shabbos and on Shabbos is generally forbidden; however, some are lenient under limited conditions—done discreetly, without lingering in the water—and there is a Chabad tradition to immerse close to sunset. If the final day of Shiva falls on Shabbos, immersion before Shacharis may be permitted.

Scenario	Ruling (as presented here)
Regular bathing during Shiva (hot or cold)	Forbidden.
Bathing to remove dirt/mud/feces/sweat	Permitted for cleanliness; wash only the dirty areas with hot water (or the whole body if entirely dirty) and do not remain in the water once clean.
Immersion in a mikveh during Shiva (standard case)	Forbidden.
Baal keri who is always particular to immerse after keri	Some permit immersion in cold water even during Shiva; some Poskim are stringent even then.
Erev Shabbos (even cold mikveh)	Forbidden; some Poskim are lenient. Those who rely on leniency should immerse discreetly, not linger, and (per Chabad tradition) immerse close to sunset.
Shabbos (even cold mikveh)	Forbidden; some are lenient with the same conditions (discreetly, no lingering). If the last day of Shiva falls on Shabbos, immersion before Shacharis may be allowed.

_______________________________________________________

[1] Shulchan Aruch chapter 381; Nitei Gavriel 105:5; Pnei Baruch 14:1-5; ; See Encyclopedia Talmudit Vol. 1 p. 64

[2] Michaber 380:1; 381:1; Moed Katan 15b; Taanis 13b

The reason: The verse [Shmuel Beis 14b] states that that Yoev sent a message to a woman in Aveilus and told her not to anoint herself with oil. Now, just as an Avel is forbidden to anoint, so too he is forbidden to bathe, as we never find a differentiation in this matter. [Beis Yosef 381]

[3] Michaber 381:6

[4] Michaber 381:1; Taanis 13b

[5] Michaber 381:1; See regarding Yom Kippur: Admur 613:1 regarding dirt and 614:1 regarding sweat, that even on Yom Kippur one may bathe to remove sweat and hence certainly it is permitted during the three weeks; M”A 614:1; Elya Raba 614:1 in name of Shibulei Haleket; Mamar Mordechai 614:1 in name of Rabbeinu Manoach; M”B 613:2; See regarding the three weeks: Aruch Hashulchan 551:37; Igros Moshe Even Haezer 4:84-4; Sheivet Haleivi 7:77; Shearim Hametzuyanim 122:12 [Perhaps this is the Mahadurah Basra]; Piskeiy Teshuvos 551:48; Rav Eli Landa related to me that his father, Rav Yaakov Landa, was very lenient regarding showers in Eretz Yisrael and other hot climates, for purposes of cleanliness. However, one should try to use only warm water; See however Orchos Rabbeinu 2:133 in name of Chazon Ish who forbade showering even due to sweat.

[6] See Admur 614:1; M”A 614:1; Kaf Hachaim 554:45; Nitei Gavriel 105:13; Vol. 2 8:7

[7] The reason: As bathing was only forbidden for the sake of pleasure. [See Taz 381:2; Admur 613:1; M”B 554:19]

[8] Darkei Hachaim 11:4; Nitei Gavriel 105:8 and 8:7

[9] Michaber 381:3 regarding an Istanis, and today who is not considered an Istanis regarding bathing, especially in the summer; Nitei Gavriel 8:10

[10] Michaber 381:5; Admur 613:20 regarding Yom Kippur; Tur 381 in name of Rabbeinu Tam that Tevila on time is not a Mitzvah; Riy in Tosafus Beitza 18a; Maharik 35; See Encyclopedia Talmudit Vol. 1 p. 65

Other opinions: Some Poskim rule that according to the opinion that Tevila on time is a Mitzvah, she may immerse during Shiva. [Tur 381 in name of Geonim] Other Poskim rule that a Nida may always immerse during Shiva as it is for the sake of purity and is like bathing to remove dirt which is permitted. [Ramban in Toras Ha’adam in name of Tosafus; Tur 381 in name of Yeish omrim]

[11] The reason: As in any event she is forbidden to her husband and there is nothing gained by her immersing at this time. [Shach 381:3; Taz 381:2] Accordingly, there is no Moitzvah involved in her immersion, as in todays times immersing on time is only a Mitzvah if her husband can be intimate with her, due to the Mitzvah of having children. [Admur ibid]

[12] Michaber 381:3; Tosfos Moed Katan; Mishneh Brachos 2:6 “When Raban Gamliel’s wife passed away he bathed himself that night. When asked by his students that he himself taught them that an Avel is prohibited in bathing, he answered that he is not like other people as he is an Istanis [very pampered].”

[13] See Michaber 400:1 that even on Shabbos bathing remains forbidden, and certainly on Erev Shabbos; Nitei Gavriel 114:6

[14] Admur 613:19 “One who had a seminal emission on Yom Kippur—in our time, when Ezra’s ordinance instituting immersion for one who experienced a seminal emission has been annulled—is forbidden to immerse or to pour nine kavim of water over himself. Even one who follows this practice throughout the year should not do so on Yom Kippur, for a custom does not permit what is forbidden; rather, it serves to forbid what is otherwise permitted. However, if the emission is still moist, he should wipe it away with a cloth and that suffices. If it has already dried or has soiled his flesh, he should wash only the soiled areas of his body and then pray.”; Michaber 613:11; Rambam Yom Kippur 3:3; Sdei Chemed Mareches Yom Kippur 3:29; Nimukei Orach Chaim 559:3 that on Tishe Beav this applies according to all opinions, even to those who are lenient on Yom Kippur; Kaf Hachaim 613:57; See Piskeiy Teshuvos 554:12; 613:8

Other opinions: Some Poskim rule that one who is particular to always Toivel for Keri may do so even on Yom Kippur. [Tur 613 in name of Rishonim; Meiri Yuma 8:1 that most Rishonim are Matir; Maharil 141; Daas Torah 613 in name of Yerushalmi Yuma 8:1 and Pesikta of Rav Kahana Acharei Mos; Orchos Chaim 613 in  name of Or Eiynayim that it’s a great Sakana to not immerse for Keri on Yom Kippur; Zechor Leavraham Erech Yom Kippur; Orchos Chaim 615:2; Mahariy Kumrana in Hakdama of Zohar Chai; Shut Atzei Chaim Mikvaos; Darkei Chaim Veshalom 757; Rav Poalim 2:61; Kaf Hachaim 613:57 that one who relies on the Makilim is not protested; Alef Hamagen 613:22; Shevet Halevi 1:165; Moadim Uzmanim 8: Hosafos to vol. 6:29; Beir Moshe 5:125; See Piskeiy Teshuvos 613:8 footnote 39; To note that the Kohen Gadol immersed five times on Yom Kippur as Biblically mandated] Some Poskim rule that one who is particular to always Toivel for Keri may do so even on Tishe Beav. [Toras Chaim Sofer 554:7; Kuntrus Kedosh Yisrael; See Piskei Teshuvos 554:12]

[15] 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]

[16] The reason: The general ruling is that bathing is forbidden, even in cold water. Therefore, on Yom Kippur and Tisha B’Av it is forbidden to immerse in a mikvah, as stated above. From here we learn that certainly during shivah immersion is not permitted as “there is no custom to permit the forbidden but rather to prohibit the permitted.”

[17] 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

[18] Nodah Beyehuda Kama Y.D. 99

[19] Nitei Gavriel 114:7

[20] Darkei Chaim Veshalom 1031; Mishnas Yaakov 3:400; Atzmos Yosef 18; Nitei Gavriel 114:7

The reason: This is not similar to the allowance to immerse in a Mikveh on Erev Shabbos of the nine days, as Shiva is prohibited in bathing from the letter of the law as opposed to a mere custom. [ibid]

[21] Mishmeres Shalom 25:3; Custom of many Yerushalayim, as heard from Rav A.L. Hakohen; brought in Nitei Gavriel 114:7 footnote 11 that so is the custom of Chassidim [heard from Satmar Rav] and of Square and Viznitz

[22] The reason: As the entire purpose of Aveilus is to respect the deceased and certainly the deceased are particular that Shabbos not be blemished due to their Aveilus. [ibid]

[23] Heard from Rav Leibel Groner, that he was told to immerse close to sunset; Rav Asher Lemel Hakohen

[24] Nitei Gavriel ibid

[25] Darkei Chaim Veshalom 1031; Minchas Elazar 2:26; Nitei Gavriel 114:8

The reason: This is not similar to the allowance to immerse in a Mikveh on Erev Shabbos of the nine days, as Shiva is prohibited in bathing from the letter of the law as opposed to a mere custom. [ibid]

[26] Sefarim brought in Nitei Gavriel ibid footnote 15

[27] Nitei Gavriel ibid

[28] Minchas Elazar ibid