DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 772 KB)
Is A Pool Permissible For Use As A Mikveh?

A woman who is a Nidda can divest herself of this status only by immersing in a Halachically valid Mikveh, which is defined as 40 Se'a of naturally collected rainwater, that had not been drawn from another source. This means that a Mikveh must be constructed in such a way that rainwater falls directly into the Mikveh. If the water is brought to the Mikveh from somewhere else, either through human involvement or a piping system, it is invalid, and a Nidda who immerses in such a Mikveh is still considered a Nidda.

For this reason, Chacham Ovadia Yosef rules (in Halichot Olam, vol. 5, p. 143) that a swimming pool may not be used as a Mikveh. The water in a swimming pool has the status of Mayim She'uvim – "drawn water" – and is therefore ineffective in ridding a woman of her Nidda status.

When Chacham Baruch Ben Chaim Z"L served as Rabbi in Salsbury, South Africa, he sent a letter to Chacham Ovadia Yosef asking if he could permit the women in his community to immerse in swimming pools, given that no proper Mikveh was available. He noted that if he would not permit women to immerse in swimming pools, they would resume relations with their husbands without immersing altogether. Since pools are disqualified for use as a Mikveh only Mi'de'rabbanan (by force of Rabbinic enactment), perhaps it is preferable to instruct women to violate this provision, and immerse in pools, so as to avoid their violation of the far more grievous transgression, of relations during a state of Nidda.

Chacham Ovadia replied that a Rabbi may not allow people to commit a Rabbinic prohibition even in such a case, where they will otherwise violate a Torah prohibition. Halacha does not become more flexible in response to the "intimidation" of those who are prepared to transgress Torah law if a Rabbinic provision is not suspended. This principle is explicitly mentioned as well by Rabbi Moshe Feinstein (Russia-New York, 1895-1986), in his work Iggerot Moshe (Yoreh Dei'a section, 52; listen to audio for direct citation), where he writes that a Rabbi may not allow a violation of Halacha of any kind due to the threats of sinners that they will otherwise commit more grievous transgressions.

Chacham Ovadia added another factor, as well, namely, that issuing a ruling permitting the use of pools as a Mikveh eliminates any incentive on the part of the community to construct a proper Mikveh. For this reason, too, a Rabbi must not issue such a ruling, and should rather insist that the community take it upon itself to construct a valid Mikveh.

Summary: A swimming pool may not be used in lieu of a Mikveh, even if no proper Mikveh is available.

 


Recent Daily Halachot...
Determining the Yartzeit of Somebody Who Passed Away During Adar Rishon
How to Determine the First Yartzeit During a Leap Year
When Should A Mourner Begin To Sit Shiva If Remaining Out Of Town Away From The Place of The Funeral and Burial
Is It Permissible To Place Memorial Tomb Stones At The Graves of Tzadikim
Visiting A Grave Twice In One Day, and Reciting A Pasuk At A Grave
Yichud- (Series Conclusion) Can A Stranger Be Alone With A Mother And Daughter
Yichud- Is It Permissible For A Man and Lady To Be Alone In The Back of A Limousine or Ambulance
Yichud- How The Laws of Yichud Apply In An Office
Yichud- Can A Young Boy's Presence Protect Against Yichud
Yichud- Can A Young Girl Also Protect Against Yichud As A Wife Does Through The Leniency of ‘Ishto Imo’
Yichud- Some Questions and Exceptions On ‘Ishto Mishamarto’- (The Leniency When A Wife is With Her Husband)
Yichud- Is It Permissible For A Lady To Be Alone With A Male Doctor
Yichud- Is It Permissible for A Man and A Woman To Be Secluded In A Car
Yichud- Is It Permissible To Ride In An Elevator Alone A With A Lady
Yichud- Can An Unmarried Female Baby Sitter Be Alone Watching Young Boys
Page of 239
3585 Halachot found