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May a Swimming Pool be Used as a Mikveh or For Netilat Yadayim?

As we know, a woman in a state of Nidda must wait the requisite period of time and then immerse in a Mikveh to regain her status of Tahara (purity). If on the night of immersion she finds herself in a remote location without a Mikveh, may she immerse in a swimming pool that contains the required volume of water (4o Se’a) in lieu of immersion in a Mikveh?

Hacham Baruch Ben-Haim posed this question to Hacham Ovadia Yosef, who discusses this issue in his work Halichot Olam (vol. 1, p. 142). Hacham Ovadia writes explicitly that the water in a swimming pool has the status of Mayim She’ubim ("drawn" water), as the water in the pool had been carried through pipes and hoses. As such, this water is invalid for immersion. Proper Mikvaot consist of rainwater that fell directly into them from the roof, or are connected to a cistern of natural rain water, whereas a swimming pool does not meet this requirement. Hacham Ovadia thus ruled that a swimming pool may not be used as a Mikveh under any circumstances, and he emphasizes that no Rabbi has the authority to rule otherwise. Unlike the ocean, which may be used for immersion if several conditions are met, a swimming pool is never valid for immersion. It must be emphasized that the Hacham’s ruling has nothing at all to do with the pool’s filter, and it thus makes no difference whether the filter is turned on or off. Either way, the pool may not be used as a Mikveh, because its water had been carried through pipes and hoses. A woman who immerses in a swimming pool is still considered a Nidda and relations with her husband are still forbidden until she immerses in a proper Mikveh.

A more common question that arises is whether the water of the swimming pool may be used for Netilat Yadayim before eating bread. Actually, two different questions arise in this regard. Before one eats bread, he must either wash his hands with a Keli (utensil), or dip his hands into a body of water. When it comes to swimming pools, then, the question is twofold: 1) May one dip his hands into the water, and recite the Beracha of "Al Tebilat Yadayim"? 2) May one take water from the pool with a utensil and then wash Netilat Yadyaim as usual?

With regard to the first question, the Rambam (Rabbi Moshe Maimonides, 1135-1204) rules that dipping one’s hands is only effective in a body of water that is suitable for immersion. Hence, one certainly cannot dip one’s hands in a swimming pool as his Netilat Yadayim before eating bread. Just as a pool cannot serve as a Mikveh, it cannot be used for dipping one’s hands before eating bread. As for taking water from a swimming pool with a utensil for Netilat Yadayim, Halacha disqualifies for Netilat Yadayim any water that had previously been used for some purpose. For example, water that was used for washing something, or as a weight, may not then be used for Netilat Yadayim. Water in a pool is used for swimming, and thus once it has been used for this purpose, it may not be used for Netilat Yadayim, even if it is taken from the pool with a utensil. One may, however, use water from a pool that had not yet been used. For example, if a pool was emptied and then filled, one may take some water for Netilat Yadayim before anybody swam in it. (The presence of chlorine in the water does not disqualify it for Netilat Yadayim, as water that is suitable for drinking for a dog may be used for a Netilat Yadayim, and water treated with chlorine is suitable even for human beings.) But if somebody had already swum in the water, it may not be used for Netilat Yadayim.

If the only available water is water in a swimming pool, then one should dip his hands in the water, not recite a Beracha, and then eat the bread without touching it. The Ra’abad (Rabbi Abraham Ben David of Posquieres, 12th century) maintained that Mayim She’ubim is suitable for dipping one’s hands, and thus if no alternative is available, one should rely on his view, but without reciting a Beracha, and, as mentioned, one should try to avoid touching the bread.

(Based on Rabbi Bitan’s Yalkut Yosef – Berachot, vol. 1, pp. 159-161. It should be noted that Rabbi Bitan makes reference here to a question posed to him about this subject by Mr. Adam Azrak, who is currently observing Shiba for his mother. We pray that our study of these Halachot will bring elevation to his mother’s soul, Amen.)

Summary: A swimming pool may not be used as a Mikveh, under any circumstances. One may not use water from a swimming pool for Netilat Yadayim, unless nobody had yet swum in the water. If the only available water is water in a pool, one should dip his hands in the water, not recite a Beracha, and then eat without touching the bread.

 


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