Parsha Halacha
The Metzora is to wash his clothing and shave all his hair and immerse himself in a Mikveh.
Immersing in a Mikvah While It Is Still Being Filled
Question:
I came to the local men’s mikvah on Erev Yom Tov, and I noticed that they were in the middle of filling the mikvah with water. It would have taken at least forty‑five minutes for the mikvah to become completely full. I did not want to wait and immersed anyway, since there was already enough water present for my entire body to be submerged at once. However, afterward I wondered whether the immersion might be invalid because of zochlin—flowing water—which is known to invalidate a mikvah when water is streaming into or out of it. Is immersion under these circumstances indeed invalid? Please clarify.
Answer
With respect to a woman’s immersion, one must indeed be stringent and ensure that no water is flowing into the mikvah while it is open for immersion, due to the concern of zochlin. Consequently, the accepted practice is that the water supply be completely shut off before immersion takes place. However, with regard to a men’s mikvah, although it is certainly preferable for the water to be turned off before immersion, there is no requirement to be stringent to the extent of waiting an additional forty‑five minutes until the mikvah is entirely full. One may immerse even while the filling process is ongoing.
Explanation
One of the classic invalidations of a mikvah is zochlin—flowing water. This refers to a situation where water is moving continuously, such as when it is flowing out of the mikvah through a crack or opening, which undeniably invalidates the mikvah. The poskim discuss whether this invalidation applies only when water is flowing out, or whether water flowing into the mikvah also constitutes zochlin. Practically, the common understanding for generations was that zochlin applies only when water flows out of the mikvah. However, the Divrei Chaim advanced a novel position, asserting that even water flowing into the mikvah may be considered zochlin and invalidate the immersion. Several later authorities adopt this understanding of his view. On the other hand, many poskim disagree and reject applying zochlin to water that is merely entering the mikvah, limiting the invalidation strictly to cases where water is flowing out.
Practically for a woman’s immersion, the accepted and longstanding custom is to be stringent and ensure that all water flow is stopped, in accordance with the more cautious views. For a men’s mikvah, which is used primarily for tosefet taharah (additional spiritual purity) and to avoid tum’ah of Baal Keri, there is considerable room for leniency, and one may immerse even while the mikvah is still being filled.
An additional factor supporting leniency by a man is that the person immerses below the point where the water is entering the mikvah. According to many poskim, even by a true zochlin the invalidation applies only from the level of the flow and above, whereas the water below that point remains valid. Although this distinction is generally not relied upon for a woman’s immersion, with respect to a men’s mikvah it serves as a further supporting reason to be lenient.
A further factor for leniency with respect to a men’s mikvah is that, according to some poskim, the prohibition of zochlin does not invalidate a man’s immersion at all when the immersion is undertaken for purposes of additional spiritual purity (tosefet taharah) or to remove keri (Ba’al Keri). According to these authorities, the laws of zochlin—even if present—were never applied to such immersions, as they lack the full halachic stringencies required for a woman’s immersion.
Summary: Grounds for Leniency
In summary, there are three independent reasons supporting the permissibility of a man immersing in a mikvah while it is still being filled:
- According to many poskim, water entering a mikvah is not considered zochlin at all, and therefore does not invalidate the immersion.
- According to many poskim, even if water entering the mikvah is considered zochlin, the invalidation applies only at and above the point where the water enters, whereas immersion below that point remains valid.
- According to some poskim, there is no invalidation of zochlin whatsoever with respect to a man’s immersion, since such immersion is performed for supplementary purity rather than for the full halachic requirements applicable to a woman’s mikvah.
Taken together, these considerations establish a strong basis for leniency in the case of a men’s mikvah, even though it remains preferable, when feasible, for the filling to be completed before immersion.
Sources:
Beir Moshe 5:21
See regarding if Zochlin invalidates a mens Mikveh: Yes: 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. No: Arugos Bosem brought in Teshuvah of Zichron Yehuda, brought in Minchas Yitzchak 3:64
See regarding if water entering a Mikveh is defined as Zochlin: See Mikveh Mayim Chapter 10 p. 136; Encyclopedia Talmudit Erech Zochlin Vol. 12 footnotes 48-49 Yes: Divrei Chaim Mikvaos 5 based on Rivash 292 and Shach 201:30; Darkei Teshuvah 201:13 and 280; Shoel Umeishib Mahadurah Daled 3:47; Chidushei Harazah 18; Chazon Nachum 69-71; Chibur Letaharah 2:42; Doveiv Meisharim 1:69; Divrei Yechezkal Shraga 14; Hagaon Mikomrana in his Pirush on mishnayos Mikvaos 4; Divrei Yatziv Y.D. 114; Divrei Moshe 65; Minchas Yitzchak 1:149; No: Mei Hashiloach 2:7-8 based on Shach 201:12 and 33; Lechem Vesimla 201:15; Arugas Bosem 211; Beis Yitzchak 2:29-3; Divrei Yoel Y.D. 71; Yagel Yaakov Y.D. 82; Vayechi Yosef p. 97; See Tzemach Tzedek 164:7
See regarding if water below the flow is also defined as Zochlin: See Michaber and Rama 201:50; Mikveh Mayim 2 p. 1-13; Encyclopedia Talmudit Erech Zochlin Vol. 12 footnotes 22-49 Yes: Rama ibid; Mordechai Shavuos 745, Rashba Shaar Hamaim 2; Tur 201; 1st Pirush in Rash; Gidulei Taharah; Tzemach Tzedek 176; Emek Sheilah 55; No: Michaber ibid; Rosh Mikvaos and Teshuvos 31:4; Eshkol 60; Tashbeitz 1:17; 2nd Pirush in Rash; Maharik 156; Tzemach Tzedek 165
A man who releases semen is to immerse in water and he is impure until the evening.:.
- The Mitzvah and obligation to immerse in a Mikveh after intercourse:
- The letter of the law:[1]
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].[2] 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[3]] or reading Kerias Shema or Davening [Shemoneh Esrei, until he immersed in a Mikveh].[4] The reason for this institution was so Torah scholars abstain from being intimate with their wives on a constant basis like chickens.[5]
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].[6] 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.[7] 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.[8] 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.[9]) [Nonetheless, although this is the final ruling[10], there are many Poskim[11] 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.[12] Furthermore, according to all purifying oneself from the state of Keri assists want to attain levels of purity, and elevates his prayer.[13]]
| Summary: There no longer exists an obligation for a Baal Keri to immerse in a Mikveh prior to Torah study or prayer. |
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.[14] This especially applies to those who study Penimiyus Hatorah and Kabbalah.[15] Indeed the Rambam testifies of himself that he never nullified this immersion of Tevilas Ezra.[16] 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.[17] 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.”[18]
| The greatness and reward for being careful in Tevilas Ezra: The Talmud[19] 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 one to attain levels of purity[20], cleanses one from sin[21], and elevates his Torah learning and prayer[22], and grants him much reward.[23] It assists in much physical benefits, such as health, and Parnasa.[24] It strengthens one’s faith in G-d.[25] 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.[26] The Baal Shem Tov merited to be elevated to his great level of holiness due to his scrupulousness in immersion in a mikvah.[27]
One who is sick or fears to immerse due to health reasons:[28] One who goes to fulfill the mitzvah of immersing in a Mikveh will be guarded so no evil happens to him.[29] Accordingly, there is a tradition from the Bal Shem Tov that one should 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, or speaks with a doctor.[32] [Certainly, if he contains a contagious illness, he is not to immerse and place others in danger of getting ill.] One whose ears cannot get wet:[33] One whose ears cannot get wet is to place a wet cotton swab in his ear, based on his doctors directives.
|
A Chazan:[34] 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.[35]
A Baal Korei: From the letter of the law, there is no impediment for a Baal Keri to be the Baal Korei.[36] Nonetheless, it is initially improper for a Baal Keri to offer himself as Baal Korei, if another Baal Korei is available.[37] 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.[38] 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.[39] Nonetheless, it is initially improper for a Baal Keri to purchase an Aliyah.[40] 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.[41] Chassidim are very particular in this matter, and try to immerse daily.
Visiting a cemetery:[42] 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.[43] [He may, however, stand from a distance of four Amos from the grave/cemetery and pray from there.[44]]
Writing Safrus:[45] It is proper for a scribe to be careful to immerse in a Mikveh, especially if he is a Baal Keri.
[1] 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.
[2] 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
[3] Siddur Yaavetz Hanhagas Haboker Seder Baal Keri 5; See Brachos 22a and Encyclopedia Talmudit Vol. 4 Erech Baal Keri p. 141
[4] 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.
[5] Admur ibid; Michaber ibid; Rambam Tefila 4:5; Brachos 22a
[6] Admur Rambam ibid and ibid
[7] 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
[8] 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
[9] 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.
[10] 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
[11] 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
[12] Shaar Hakavanos Shaar Vav “After Tashmish the immersion is a must”; Torah Or Megilas Esther p. 92 “Zivug requires Tevila afterwards”
[13] See Sefer Chassidim 73; Reishis Chochmah Ahavah 11; Likkutei Torah Parshas Savo p. 43; Hisvadyus 27:92; Igros Kodesh 9:259; 27:430
[14] 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;
[15] 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.
[16] Igeres Harambam [shilat] 436, brought in Talmidei Rabbeinu Yonah Brachos 13b and Beir Heiytiv 88:1 and Sh’lah ibid; Igros Kodesh 9:259
[17] 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.
[18] 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
[19] Brachos 22b
[20] Ashel Avraham Butchach that it saves one from forbidden thoughts; Igros Kodesh 9:253
[21] Yaavetz in Migdal Oz
[22] 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
[23] Maggid Meisharim ibid
[24] Piskeiy Teshuvos 88 footnote 8
[25] Igros Kodesh 9:253
[26] Rav Chaim Kanievsky in Orchos Yosher Erech Taharah in name of Sefer Kadmon
[27] Keser Shem Tov 219; Igros Kodesh 22:353
[28] See Piskeiy Teshuvos 88 footnote 16; Sheyikadesh Atzmo 63:5; Heichal Besht 15 p. 183
[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; Likkutei Sichos 17:481 that some say this in the name of the Besht
[31] Likkutei Sichos 17:481
[32] Divrei Yatziv 1:56; See Siddur Or Yashar not to go if unhealthy; See also Igros Kodesh Rayatz 2:142; Igros Kodesh 13:441 [must ask Rofei Mumcheh]; 23:295; Shemuos Usippurim end of Volume 1 in story with Rav Yaakov Landau and Rebbe Rashab that Reb Hillel Miparitch did not immerse in a Mikveh one time because it was cold and was bad for his health, and a Chassid does not do things that are bad for his health; See Heichal Besht Vol. 14 footnote 39 that the Rebbe Raytaz writes that the Rebbe Rashab did not immerse when there were health impediments
[33] Igros Kodesh 23:295 and 13:441
[34] 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
[35] Whether due to a nocturnal emission or due to marital relations.
[36] 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
[37] 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
[38] 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
[39] 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;
[40] 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
[41] 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
[42] 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
[43] One who visits the cemetery prior to immersion causes the Kelipos to cleave to him. [ibid]
[44] See Chayeh Adam 135:22; M”B ibid
[45] Daas Zekeinim Parshas Pekudei; Haeshkol 17; Ledavid Emes Toras Hashelamim 18; Aruch Hashulchan 32:42; Keses Hasofer 11:18; Piskeiy Teshuvos 32:33