יורה דעה שפ״אYoreh De'ah 381

Se’if 1א׳

רְחִיצָה כֵּיצַד, אָסוּר לִרְחֹץ כָּל גוּפוֹ, אֲפִלוּ בְּצוֹנֵן; אֲבָל פָּנָיו יָדָיו וְרַגְלָיו, בְּחַמִּין, אָסוּר; בְּצוֹנֵן, מֻתָּר. וְאִם הָיָה מְלֻכְלָךְ בְּטִּיט וְצוֹאָה, רוֹחֵץ כְּדַרְכּוֹ וְאֵינוֹ חוֹשֵׁשׁ. הַגָּה: וְכָל זֶה מִדִּינָא אֵינוֹ אָסוּר רַק שִׁבְעָה, אֲבָל אַחַר כָּךְ מֻתָּר בִּרְחִיצָה, אֶלָּא שֶׁנָּהֲגוּ הָאִדָּנָא לֶאֱסֹר כָּל רְחִיצָה כָּל ל' יוֹם (מהר"מ הִלְכוֹת שְׂמָחוֹת ובהגמי"י פ"ז מהל' י"ט ופ"י דהל' אֵבֶל) ; וַאֲפִלּוּ לָחֹף הָרֹאשׁ אָסוּר (לְקַמָּן סי' ש"צ ובא"ז) ; וְאֵין לְשַׁנּוֹת הַמִּנְהָג, כִּי מִנְהָג קָדוּם הוּא וְנִתְיַסֵּד עַל פִּי וָתִיקִין (א"ז בְּשֵׁם רַשְׁבָּ"א).

In what manner is bathing [forbidden]?1M.K. 15b, derived from, ‘And Joab sent to Tekoa and fetched thence a wise woman and said unto her, I pray thee, feign thyself to be a mourner etc… and annoint not thyself with oil’ (II Sam. XIV, 2). Bathing is implied in the prohibition of annointing. Ruth III, 3; Ps. CIX, 18; Yad, Ebel V, 3 and cf. Yoma 76b. — He is forbidden to bathe his whole body even in cold water, but his face, hands and feet he is forbidden [to wash] in warm water,2This includes even lukewarm water — P.Tesh. [but] in cold water he is permitted.3Ta‘an 13b. However, if he was soiled with mud or excrement, he may bathe in his usual way without any apprehension.4Yoma 77b. Cf. Ber. 16b, Tosaf. s.v. אסטניס. Gloss: And all this is forbidden legally only for seven [days], but subsequently he is permitted to bathe,5M.K. 19b in accord with the dictum of R. Amram citing Rab. only that nowadays it is the adopted practice to prohibit bathing throughout the thirty days,6R. Meir of Rothenberg, Laws of Sem. (s. 105) ; Hag. Maim. Yom Tob VII; ibid. Ebel X — G. The translation here ‘bathing throughout the thirty days,’ follows ShaK’s reading. Hence, it follows that in cold water it would be permissible during the thirty days. The undefined term רחיצה (bathing) refers to warm water (v. Y.M.K. III, 5(82d) ; cf. infra § 399 and O.H. § 549). Moreover, bathing in cold water is not considered pleasure (תענוג) — ShaK. D.Merb. and R. A. Eger maintain contra ShaK that even in cold water it is permissible to bathe only one’s face, hands and feet, but the entire body should not be bathed in cold water for thirty days. A.H. agrees with ShaK. Or Zaru‘a explains that this prohibition regarding bathing within the thirty days is on account of combing the hair, which is forbidden within the thirty days. But since we permit combing of the hair today (v. infra § 390), it would be permissible to bathe after seven days. RaShaL’s reason for the prohibition of bathing is on account of hair-cutting. Hence, bathing should be forbidden just as hair-cutting is. On Ḥol ha-Moed, however, we find that hair-cutting is forbidden and bathing is permitted. This difficulty may be removed on the grounds that on Ḥol ha-Moed the prohibition of hair-cutting applies to everyone as a result of which people will remember and be careful. Consequently, bathing is permitted. But in the case of mourning, it applies only to the individual mourner. Hence, there is fear lest he forget (cf. Mishna Shab. 147a, Rashi s.v. אבל) — TaZ. and even to cleanse the head is forbidden.7Infra § 390 and Or Zaru‘a — G. This refers to warm water only. And this custom should not be altered, for it is an ancient custom and was established by pious men.8Or Zaru‘a on the authority of RaShBA — G. One, however, who is not in good health, although he is not considered a sick person, and requires a bath, is permitted to bathe within the thirty days, since the entire prohibition is only a custom and not a binding law (v. supra n. 5). During the seven days of mourning he is forbidden to bathe unless a physician instructs him otherwise, although he is not considered a dangerously ill person — A.H. Bathing in public, however, is forbidden throughout the thirty days. Kol Bo(G) I, p. 356.

Se’if 2ב׳

סִיכָה כֵּיצַד, אָסוּר לָסוּךְ אֲפִלוּ כָּל שֶׁהוּא, אִם מְכַוֵּן לְתַעֲנוּג, אֲבָל אִם הוּא לְהַעֲבִיר הַזֻּהֲמָא מֻתָּר; וְאֵין צָרִיךְ לוֹמַר מִשּׁוּם רְפוּאָה, כְּגוֹן שֶׁיֵּשׁ לוֹ חֲטָטִין בְּרֹאשׁוֹ.

In what manner is annointing [forbidden]? — Any annointing9With oil or washing with soap or the application of perfumes or the like — A.H. The prohibition extends both to the body and the hair, whether in the case of a man or a woman — A.H. whatsoever is forbidden, if his intention is merely for the sake of pleasure;10Ta‘an. 13b. but if it is to remove dirt, it is permissible, and needless to say [that it is permitted if used] as a medicine, e.g., if he had scabs on his head.11Or a skin disease or the like. Y.Ber. II, 7(5b); Y.M.K. III, 5(82d); T.H. For even on Yom Kippur when annointing which is not for the sake of mere pleasure is also prohibited (Y.Yoma VIII, 1(44d), yet, in the case where one was sick or had scabs on his head, he may annoint himself in his usual way without any apprehension (Yoma 77b).

Se’if 3ג׳

יוֹלֶדֶת אֲבֵלָה שֶׁצְּרִיכָה לִרְחֹץ, מֻתָּר. וְכֵן מָאן דְּאִית לֵיהּ עִרְבּוּבְיָא בְּרֵישֵׁיהּ, מֻתָּר לָחֹף רֹאשׁוֹ בְּחַמִּין, דְּלֹא גָרַע מֵאִסְטְנִיס (פי' קַר הַגּוּף וּמְצֻנָּן), שֶׁמֻּתָּר לִרְחֹץ כָּל גוּפוֹ. וְלֹא כָּל מִי שֶׁאָמַר: אִסְטְנִיס אֲנִי, מַתִּירִין לוֹ, אֶלָא דַּוְקָא שֶׁהוּא יָדוּעַ שֶׁהוּא אִסְטְנִיס וּמִתְנַהֵג בִּנְקִיּוּת, וְאִם לֹא יִרְחַץ יִצְטַעֵר הַרְבֵּה וְיָבֹא לִידֵי מֵחוּשׁ.

A woman in mourning after childbirth who requires to bathe,12In warm water — A.H. Even on the first day. However, if the need is not so great, we should be stringent on the first day of mourning (Later Authorities) — ShaK. is permitted [to do so].13Asheri to Ber. II and M.K. III, derived from Mishna Ber. 16b (cf. also Tosaf. ibid. s.v. אסטניס) in the case of R. Gamaliel. Likewise, one who has scabs on his head,14Much more so in the case of scabs arising from wearing unclean garments which cause madness (Ned. 81a) is washing of raiment permissible for this is more serious. is permitted to cleanse his head in warm water, for [this case] is not less important than [the case of] a delicate person, i.e., one who is frigid in body and is overcome by cold,15 Y.Ber. II, 7(5b) ; Y.M.K. III, 5(82d), where it is stated that even if it is not a serious case, bathing is permitted, contra R. Hananel who explains that a delicate person (אסטניס) refers to a case where the individual may become dangerously ill should he not bathe himself. One who has a skin disease on any other part of his body is likewise permitted to bathe in warm water — A.H. who is permitted to bathe his whole body. However, we do not permit anyone who says, 'I am a delicate person' [to bathe], unless it is known that he is a delicate person and comports himself in cleanliness16Tur citing R. Hai Gaon. Thus also Asheri citing R. Ḥananel. and should he not bathe he would suffer much and take ill.17Lit. ‘will come to an indisposition.’ Thus N in T.H., who explains the statement of R. Ḥananel that ‘a case which may lead to a person becoming dangerously ill’ (סכנה) refers to one who is very uncomfortable if he does not bathe in warm water. supra n. 15.