Introduction
Those who reside in western society are accustomed to showering on a regular basis, something that was unheard of in pre-modern times. For many years, there has been discussion about whether showering is permitted on Yom Tov nowadays in light of this change in hygienic habits. We shall examine the traditional prohibition to bathe on Yom Tov and examine whether it applies in contemporary times.
Background Information – Mitoch, Shaveh Lechol Nefesh, and Gezeirat Habalanim
Three basic concepts must be clarified in order to understand this issue. The first is the debate between Beit Shamai and Beit Hillel regarding the law of “mitoch.” The Torah (Shemot 12:16) permits certain melachot on Yom Tov, including cooking, transferring fire, and carrying in a public domain, for the sake of ochel nefesh (food preparation). Beit Shamai limits this permission to food preparation while Beit Hillel expands it to any Yom Tov need.
For example, the Mishnah (Beitzah 1:5) records that Beit Shamai do not permit carrying a child, lulav, or Sefer Torah in a public domain on Yom Tov, while Beit Hillel do permit such carrying. The Gemara (Beitzah 12a) explains that Beit Hillel believes that “mitoch shehutrah hotza’ah letzorech. hutrah nami shelo letzorech”, “Given that the Torah permits carrying for the sake of food preparation, it permits carrying for any Yom Tov need,” while Beit Shamai rejects this expansion. This concept is commonly referred to as “mitoch” and applies to all melachot that are permitted on Yom Tov. The Halachah follows the opinion of Beit Hillel (Shulchan Aruch O.C. 518:1).
Even Beit Hillel agree, however, that the Torah permits labor on Yom Tov only for activities that are “shaveh l’chol nefesh,” something that is enjoyed by most people and not something exotic used only by a small minority of individuals. An example of such “exotic” behavior presented by the Gemara (Ketubot 7a) is making incense, which is prohibited on Yom Tov (Shulchan Aruch O.C. 511:4).124There occasionally arises some debate whether to define an activity as shaveh lechol nefesh. For example, the Acharonim discussed whether smoking is considered shaveh lechol nefesh (see Bei’ur Halacha 511:4 s.v. Ein Osin). This particular point is moot, because smoking is prohibited nowadays due to health concerns (see Gray Matter 3:15-27) The final issue of relevance to this discussion is the gezeirat habalanim, the “decree of the bathhouse-attendants.” The Rambam (Hilchot Shabbat 22:2) presents the issue succinctly:
Why did the Rabbis forbid entering a bathhouse on Shabbat? Because of the bathhouse attendants who would heat water on Shabbat and claim it was heated before Shabbat [if the water was heated on Shabbat, one may not benefit from the heated water, as it is prohibited to benefit from melachah done on one’s behalf on Shabbat].
Heating Water for Bathing Purposes on Yom Tov
The Mishnah (Beitzah 2:5) presents a debate between Beit Hillel and Beit Shamai as to whether one may heat water for washing one’s hands, face, and feet on Yom Tov. Predictably, Beit Shamai forbids this due to its rejection of the idea of mitoch, while Beit Hillel permits this activity on the basis of mitoch,
Interestingly, even Beit Hillel agrees that one may not heat water for one’s entire body on Yom Tov. The Rishonim debate the reason for this. Tosafot (Beitzah 21b s.v. Lo Yeicham) explain that bathing one’s entire body is not shaveh lechol nefesh, as it is “fit only for finicky individuals.” The Rambam (Hilchot Yom Tov 1:16), though, believes that it is included in the gezeirat habalanim,125See Aruch Hashulchan (511:1-4) for an explanation of the Rambam’s opinion regarding shaveh lechol nefesh. though it appears unusual to extend this edict to Yom Tov where one is permitted to engage in many melachot necessary for Yom Tov. The Ramban (Shabbat 40a s.v. Ha Ditnan) explains that since some halachic concerns apply to bathing on Yom Tov as well, such as the fear that one may come to squeeze water (sechitah) from one’s hair or towel, the edict applies to Yom Tov as well.
There are two major differences between these two approaches. According to Tosafot, heating water for bathing on Yom Tov constitutes a Torah-level prohibition, whereas according to the Rambam, it is only a rabbinic prohibition. Moreover, according to Tosafot, this prohibition potentially is subject to change, as the category of shaveh lechol nefeshvaries in accordance with the habits of each particular generation,126One might argue, though, that Tosafot agree that in addition to the issue of shaveh lechol nefesh, the gezeirat habalanim applies to Yom Tov. Support for this approach may be found in the Ran (Beitzah 11a). whereas the gezeirat habalanim is clearly not subject to change, as the edicts of Chazal apply even when their reasons do not (Beitzah 5a).
This is quite ironic, as normally we are stricter regarding a Torah law than regarding rabbinic enactments. However, it emerges in this case that there is more room for leniency with a Torah-law than a rabbinic law. Thus, according to Tosafot, it might be permitted nowadays to bathe one’s entire body on Yom Tov, since such bathing has become shaveh lechol nefesh in our times. According to the Rambam, however, the prohibition remains in effect.
The Shulchan Aruch (O.C. 511:1-2) clearly takes into account the issue of the gezeirat habalanim, as he permits bathing one’s entire body on Yom Tov if the water was heated before Yom Tov only if the bathing is not done in a bathhouse. The Rama forbids bathing even outside the bathhouse. The Mishnah Berurah (511:18) explains that according to the Rama, the gezeirat habalanim forbids bathing on Yom Tov to the same extent that it does on Shabbat, which includes bathing even outside of a bathhouse.
Thus, the prohibition to bathe one’s entire on Yom Tov applies even today according to both the Shulchan Aruch and the Rama. Indeed, most rabbanim today forbid bathing one’s entire body on Yom Tov. For example, the Shemirat Shabbat Kehilchatah (14:7) does not permit bathing on Yom Tov even though he considers the fact that bathing today has become shaveh lechol nefesh (see n. 21). Similarly, the Yalkut Yosef (5 Moadim p.482) does not offer blanket permission to bathe nowadays despite the greatly increased frequency of bathing.
Moreover, bathing is problematic today even for Sephardic Jews who follow the approach of the Shulchan Aruch, as the only way to insure that all of the water being used for bathing is heated before Yom Tov is to shut off the boiler before Yom Tov. Most families would not want to do this, since the hot water in the tank might be depleted during the course of Yom tov, leaving them without hot water to wash their hands and face.
Possible Exceptions to the Gezeirat Habalanim
There is, however, possible flexibility regarding the application of the gezeirat habalanim. The primary area of leniency is presented in the context of women immersing in a mikveh on Shabbat and Yom Tov evenings. Two major eighteenth-century poskim, Rav Yechezkel Landau (Teshuvot Noda Biy’hudah O.C. 24) and Rav Tzvi Ashkenazi (Teshuvot Chacham Tzvi 11) forbid immersing in a mikveh whose water is heated even before Shabbat or Yom Tov. They permitted immersion only in lukewarm water, which the Aruch Hashulchan (O.C. 326:3) defines as water that people do not commonly regard as warm even though it still is a bit warm.127For further discussion, see Shemirat Shabbat Kehilchatah 14:1 n. 3. These authorities believe that the gezeirat habalanim was issued only in regard to hot water and not lukewarm water. The Beit Meir (Y.D. 197) disagrees, arguing that it applies even if the water is lukewarm.
Nonetheless, by the nineteenth century, Rav Chaim of Sanz (Teshuvot Divrei Chaim O.C. 2:26) notes that the common practice was for women to immerse even on Shabbat and Yom Tov evenings in fully heated mikvaot, with the approval of the leading rabbinical authorities. Two reasons are offered to justify this practice. Rav Akiva Eiger (commenting on Shulchan Aruch 307:5, cited by the Bei’ur Halachah 326:1 s.v. B’mayim) permits bathing in hot water even on Shabbat if the water was heated prior to Shabbat in case of great discomfort. He believes that the gezeirat habalanim was not intended to apply in such circumstances. Since women find it very difficult to immerse even in lukewarm water, the edict does not apply to such situations. A second reason is that the gezeirah was not issued in case of mitzvah.
Application to Showering on Yom Tov
One may combine the three lenient approaches regarding mikveh to showering on Yom Tov. If one is bathed in sweat on Yom Tov (such as from dancing in a very hot room on Simchat Torah), then it is permitted to shower in lukewarm water. In such a situation, one is in great discomfort to the extent that it interferes with the mitzvah of rejoicing on Yom Tov, and therefore it would be permitted to bathe in lukewarm water on Yom Tov. Indeed, Rav Yosef Adler reports that Rav Yosef Dov Soloveitchik permits showering on Yom Tov, at least in such circumstances, even if the water is heated on Yom Tov, since today regular bathing has become shaveh lechol nefesh. Rav Hershel Schachter told me that he also would permit showers in such circumstances on Yom Tov.
However, if one does avail himself of this leniency, he must take care to avoid squeezing water from his hair or towel. He also must avoid using bar soap (Mishnah Berurah 326:30) and removing hair or loose nails or skin from his body.
Conclusion
The consensus opinion amongst today’s poskim is that showering and bathing on Yom Tov remains forbidden other than in exceptional circumstances. It should be noted that one should not distinguish between the first day of Yom Tov and the second day of Yom Tov in this regard. The Aruch Hashulchan (O.C. 511:11) rejects such an approach as degrading to Yom Tov Sheini, a day whose dignity Chazal strove mightily to preserve (Shabbat 23a).