Shulchan Arukh Yoreh De'ah · Siman 381

Shulchan Arukh Yoreh De'ah 381 — English translation

Translation: Code of Hebrew Law by Chaim N. Denburg, Montreal, 1955. Section numbers match the Hebrew text above.

1. 1In what manner is bathing [forbidden]? (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, [but] in cold water he is permitted. However, if he was soiled with mud or excrement, he may bathe in his usual way without any apprehension. Gloss : And all this is forbidden legally only for seven [ days ], but subsequently he is permitted to bathe , only that nowadays it is the adopted practice to prohibit bathing throughout the thirty days , (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 ) — Ta Z. and even to cleanse the head is forbidden . § 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 . 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.
2. 2In what manner is annointing [forbidden]? — Any annointing 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; 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. 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).
3. 3A woman in mourning after childbirth who requires to bathe, 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]. 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, 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 , 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 cleanliness citing R. Hai Gaon . Thus also Asheri citing R. Ḥananel . and should he not bathe he would suffer much and take ill. 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.
4. 4One who suffered a bereavement followed close on another [bereavement], [i.e.,] two mournings befell him, one immediately after the other, is permitted to bathe his whole body in cold water.
5. 5A menstruous woman whose time for immersion became due during her [seven days of] mourning, does not immerse. on the authority of R. Tam ( Tosaf. Yoma 8a, s.v. דכולי ) and other Codifiers; also MaHaRIK Rt. 35 — G. This ruling follows the opinion of R. Jose, son of R. Judah in Nid. 30a, whose view is that it is not a religious duty to perform immersion at the due time. also Yoma 88a; Beẓ. 18b, Tosaf. s.v. כל and cf. Ta‘an. 13a. Furthermore, marital intercourse is not permitted in any case. Gloss : So much the more that she does not bathe in order to put on [ her ] white garments [ worn during the counting of the seven days of cleanliness ]. However, immediately after the seven days [ of mourning ], — although it is the common practice to adopt a prohibition against bathing for the entire thirty days , — yet, she is permitted [ to bathe then ], — only that she should alter the [ mode of ] bathing a little , Z aru’a, Laws of Mourning end — G. Some, however, rule that she may bathe during her seven days of mourning and put on white garments then, only that she should change the mode of bathing, viz., to bathe even with warm water only the pudenda and between her thighs — Ta Z, ShaK. and she may put on a plain white frock and spread out a [ clean ] white sheet [ on her couch ] so that she does not come to any doubt . 15 — G. This will avoid entertaining any doubts with respect to blood stains that she may notice henceforth. A menstruant woman whose time for immersion falls on the night following the Sabbath, and on Friday she was still within her seven days of mourning which end on the Sabbath, is permitted to comb and cleanse her hair on Friday (v. B.K. 82b) — B.L.Y. A Sandek who is within the thirty days of mourning for his father, may bathe on the night preceding the circumcision, since the prohibition against bathing for thirty days is not a binding law (v. supra par. 1) — Ta Z.
6. 6A woman should not paint [her eyelids], Ket. 17a for other meanings of these terms. Cf. Jastrow. nor rouge [her face], Ket. 17a for other meanings of these terms. Cf. Jastrow. during the days of her mourning, for all these [things] are forbidden as bathing. par. 1) — ShaK. A married woman is forbidden [to do this] only during the seven [days], but after the seven [days] she is permitted everything, so that she does not become repulsive to her husband. derived from Asheri , implied in Sem. (not found in cur. edd.). however, Sem(H). VII, 11 and list of Baraitoth (p. 230 ibid. ) not found in cur. edd., but cited by earlier authorities, and Int. II, 6; V, 2. Cf. Asheri to M.K. III, ibid. Ket. I; Yad, Ebel VI, 3 and Kes. Mish., RIDBaZ a.l.; T.H.; M.K. 27b Tosaf. s.v. לגיהוץ ; infra § 390, 5. A bride whom mourning befell within the thirty days [subsequent] to her marriage, is permitted to adorn herself,’s interpretation. even within the seven [days of mourning]. A girl who has reached adolescence, whom mourning befell, — [the law is that] since she is ready for marriage, she is permitted painting [of the eyelids] and rouging [of the face], but is forbidden to bathe the entire body in warm water. s.v. אין . The text here is faulty, and should read, ‘but is forbidden to bathe in warm water, and her entire body in cold water’ — P.Tesh. A girl who has not reached adolenscence, who is a mourner, is forbidden even painting [of the eyelids] and rouging [of the face]. But a minor boy ( קטן ) or girl ( קטנה ) to whom mourning rites do not apply, are permitted the above-mentioned things, for with respect to mourning they do not fall within the category of חנוך i.e., the gradual introduction of children into religious practices (v. Yad Abraham and Beth Hillel).

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