Siman 326

It is stated in the Gemara (40.): Initially, they would wash in hot water that was heated on the eve of Shabbat, for there is no prohibition in this since they were not heated on Shabbat, and the washing itself is not a labor. The bathhouse attendants began to heat water on Shabbat and would say they were heated on the eve of Shabbat; they prohibited the hot water and permitted the sweat. They still would wash in hot water and say "we are sweating"; they prohibited the sweat for them and permitted for them cold water and the hot springs of Tiberias.

Therefore, it is forbidden to wash one's entire body or the majority of one's body with hot water that was heated from Erev Shabbat, even if one washes them limb by limb and not the entire body at once, whether the hot water is in a vessel or in the ground, and even with hot water that was not heated in a bathhouse. And even to pour the water over one's body to rinse off, which is not the typical manner of washing, nevertheless, since the washing of the body was forbidden—the sages did not distinguish in the manner of washing. However, it is permitted to wash with hot water that was heated from Erev Shabbat one's face, hands, and feet, or any other limb, as long as it is not the majority of one's body. But with hot water that was heated on Shabbat, even if it was heated by a non-Jew for his own needs—it is forbidden even to dip one's hand into them. And it is not similar to all things that the non-Jew did for himself where it is permitted for an Israelite to use them when he does not know him, as was written in the previous siman; nevertheless, regarding washing, it was forbidden entirely. And one's face, hands, and feet were only permitted when they were heated from Erev Shabbat, for so it is explicitly proven in the Gemara (ibid.), and the prohibition is not because of the labor that was performed with them but because of the act of washing itself, for so the sages decreed.

Since with hot water that was heated from the eve of Shabbat it is permitted to wash a minority of the limbs, therefore a woman who begins to count seven clean days from Sunday and needs to wear white garments on the Shabbat day toward evening and wash her thighs, she may wash her thighs with hot water that was heated from the eve of Shabbat. She must only be careful not to wash with a cloth, so that she does not come to the point of squeezing, but rather she washes with her hands her lower parts and between her thighs, as is written in Yoreh Deah siman 196, and there it was explained that the washing is not indispensable; see there. And to go to the mikveh on the eve of Shabbat after dark is forbidden when the mikveh is very hot, for behold, washing the entire body was prohibited, rather they should see that it be lukewarm or slightly warm, for the washing that was prohibited is only when the water is very hot until it is close to yad soledet, for if not so, this is not hot water but rather lukewarm. Nevertheless, the matter is not clarified for us as to what the measure is and we have not found this clarified, and it appears in my humble opinion that anything that is called hot in the common parlance is forbidden.

And that which the hot springs of Tiberias were permitted—specifically in the ground, for everyone sees that these are the hot springs of Tiberias and not water heated by fire, but in a vessel—it is forbidden, as one might come to exchange it for water heated by fire. And this is not like a decree upon a decree, for it is one decree, as they forbade all hot water in a vessel. And so too regarding the sweat which they forbade, there is no difference between sweat that comes by means of fire or that which comes by means of the hot springs of Tiberias; therefore, when the hot springs of Tiberias were permitted, they were only permitted when the place is not roofed, for then there is no sweat there. But when the place is roofed—it is forbidden, as it leads to sweat. And some say that the sweat of the hot springs of Tiberias was permitted, for it stands to reason that if the water itself is permitted, the sweat that comes from its power should not be forbidden. And the first opinion does not concern itself with this, for in such a case we find that the derivative of the sun is more stringent than the sun itself, as I wrote in siman 318, because one might come to exchange it for a derivative of fire as I wrote there, and here too regarding sweat, it is more stringent than its source for this reason. Therefore, those who travel to hot baths, if there is sweat there—they should be careful of this, and in the water itself they are permitted to wash, for there everything is from hot springs like the hot springs of Tiberias. And it is permitted to go to the bathtubs of these waters, for they are well-known, and only if there is sweat should they be careful as I wrote (see Sha'arei Teshuva), and in a time of pressing need one may rely on those who permit it.

A water channel of the hot springs of Tiberias—it is forbidden to extend into it a pipe of cold water even from before the day, where the mouth of the pipe exits outside the channel and pours into a cavity in the ground. And why do they do this? In order to heat the cold water as it passes through the pipe submerged in the hot springs of Tiberias. This is similar to hatmanah in a substance that adds heat, which is forbidden even from before the day as I wrote in siman 257. Therefore, these waters are forbidden both for washing and for drinking until the conclusion of Shabbat, according to the law of hot water that was heated on Shabbat, which is forbidden even for washing one limb as I wrote. And if he extended this pipe on the eve of Yom Tov—their law is like the law of hot water that was heated on Yom Tov, which is permitted for drinking and for washing his face, hands, and feet, but not for washing his entire body, as will be explained in siman 511. And this is when the pipe is enclosed and the hot water does not mix with the cold water, for it is similar to hatmanah. But when the cold water falls into the hot water, such that the waters mix with one another—this is not the way of hatmanah. Therefore, if the beginning was from before the day, even though it continues all through Shabbat and they mix with one another—they are permitted, like all labors that one begins from before the day and they are completed on Shabbat, as I wrote in siman 252, and it is permitted to wash in them even one's entire body according to the law of the hot springs of Tiberias (and Rashi 38b holds that this too is like hatmanah, and the Tosafot rejected this, see there).

A person may not rinse his entire body in cold water and warm himself before the fire, because he thaws the water that is upon him and it results in him being like one who washes his entire body in hot water. And even though lukewarm water was not forbidden, nevertheless here they become hot (see Rashi 40b: "thaws" means "heats," and examine this carefully). But if he first warms himself near the fire and afterward rinses in cold water – it is permitted, for in such a case the water upon him was not heated, but rather its chill is slightly dissipated. And one limb in such a case, such as washing his hands in cold water and warming them before the fire, if this is not like a complete washing - it is permitted (Magen Avraham subsection 5), and so it is implied somewhat from the wording of the Rambam in chapter 22. However, some say that this is like a complete washing, and therefore one must be careful not to warm his hands near the fire after washing, unless he first dries them well. But from a distance, in a place where the hand would not be scalded - it is permitted to keep them near the fire (Beit Yosef), because in this place it cannot come to a state of complete heating. And there is one who forbids even in a place where the hand would not be scalded (Magen Avraham subsection 6 and as per the explanation of the Machatzit HaShekel), but in the Yerushalmi Kirah (Halacha 4) it is explicitly stated otherwise, see there. (And thus it is stated in the Yerushalmi: "He may go down and immerse in cold water and warm himself before the bonfire, these are the words of Rabbi Meir, and the sages forbid. What is the reason of the rabbis: It comes like the master of Rabbi Zeira: It is permitted to thaw in a place where the hand rules etc." see there, for even in a place where the hand is scalded this is neither the way of washing nor the way of heating, obviously, and therefore also what the Magen Avraham wrote in subsection 5 is not clear to me. And it also appears that they understood what the Gemara said: 'because he thaws the water that is upon him,' as meaning actual lukewarm water, and despite this it is forbidden. And I wonder, for lukewarm water was never forbidden, and certainly not in such a washing which is not in the category of washing at all, and therefore we explained that they become hot, and this is explained from the wording of Rashi. And what the Rambam wrote that this is not a complete washing, certainly it is so, even in a place where the hand is scalded, for it is not in the category of washing, and examine this carefully.)

It is permitted on Shabbat to warm a garment and place it on one's stomach, and specifically a dry garment. And so it appears to me that it is permitted to place a pan in a location where the hand is not scalded by it, so that it warms slightly, and to place it on one's stomach. But it is forbidden to place on the stomach a vessel containing hot water that was heated on Shabbat, for perhaps they will spill on him and he will be found washing on Shabbat. And according to this, if they were heated from the eve of Shabbat—it is permitted, for it is not a washing of his entire body even if they fall on him. However, in the Gemara there they forbade this even on a weekday because of the danger, for at times they are boiling and when they spill on him he will be burned. And the Tosafot there wrote that on Shabbat the prohibition is due to medicine, which they decreed because of the grinding of herbs, and regarding a garment they did not decree for it does not appear so much like medicine, see there. And this is in a case where it is not an illness but merely a slight ache, for in a complete illness even if there is no danger, behold, he may perform all medical treatments by means of a non-Jew, as I have written in siman 328.

One who bathes in a river must dry his body very well when he emerges from the river, so that the water does not remain upon him and he carries it four amot in a karmelit, because one who emerges from bathing has an abundance of water on his body. However, one who walks in a public domain and rain beats down upon his head and his garments—they were not particular, for they are few, and even if they are many, what can he do? He is under duress. Furthermore, this is like a pesik reisha that is not pleasing to him, which is not the case for one who bathes in a river for his will and his pleasure; any slight labor performed in this regard is considered according to his will. Furthermore, one must be careful in a river not to swim, and it is also forbidden to part the scattered wood chips upon the surface of the water here and there in order to clear the water in the place where he stands. And one must also be careful not to wring out his hair, and even though there is no wringing regarding hair—it is forbidden by rabbinic law (the Gra"z). And this matter is very common when one submerges his head under the water and emerges, he places his hands on his head, and without feeling he wrings the hair, as is known and perceived by the senses.

And because there are great obstacles regarding washing in a river, therefore our predecessors established the custom not to wash one's entire body in cold water on Shabbat, and so wrote the Maharil in the responsa (siman 150). And he wrote more than this, that even the women are accustomed not to immerse when it is not their proper time on Shabbat, see there (Magen Avraham, subsection 8). And so wrote the author of Terumat HaDeshen, that they were accustomed to forbid washing in cold water (siman 255), and this custom was accepted from our fathers and our fathers' fathers for several hundred years, and one who comes to breach the fence of the early ones, regarding him it is said "one who breaches a fence, a snake shall bite him," for we have accepted this as a severe prohibition not to wash in rivers, lakes, or springs on Shabbat at all.

Nevertheless, to immerse in a mikveh on Shabbat morning is permitted, especially for one who is accustomed to immerse for his seminal emission. This is not like one who repairs, for according to the law they abolished the immersion, as I have written in siman 88. They must only be careful regarding the squeezing of hair, and they must be careful that the mikveh is not very hot, for in that case there is a complete prohibition due to washing in hot water; rather, they should be cold or lukewarm. Nevertheless, it is proper for an ignoramus to withhold himself from this, for he will easily come to a prohibition from the squeezing of hair, as I have seen with my own eyes. And although there are those who hesitate even regarding immersion in a mikveh, nevertheless, they did not concern themselves with it, and such is the simple custom in all the dispersions of Israel (and it is explicit in Beitzah 17b that a person is permitted to immerse, for it appears as if he is cooling himself).

It is permitted to wash one's face, hands, and feet with substances that do not remove hair, and even if they are mixed with substances that remove hair, provided that the majority is not from the substances that remove hair, for then they would necessarily remove the hair and it would be a pesik reisha; whereas when they are the minority, it is not a pesik reisha, and even if it plucks, it is a davar she'ein mitkaven and is permitted. Our teachers, the authors of the Shulchan Aruch, wrote in section 10: "It is permitted to wash one's hands with bran, for kneading in an atypical manner is permitted, and it is forbidden to wash one's hands with salt, and certainly with soap called 'seife' or with other fat that melts on his hand, for it is nolad." Thus far their words. The explanation of the matter: It is not solely due to the reason of change, for if so, it would apply to flour as well; rather, certainly regarding a Torah prohibition, it is impossible to rely ab initio on a change in a place where there is no great need. Rather, the primary reason regarding bran is because the Rambam ruled that bran is not subject to kneading, as was written in siman 321, section 18, and for this reason we permitted in siman 324 to place bran in water for an animal, see there. And those who forbid there forbid here as well, but since they did not bring the opinion of "there are those who forbid" here as they brought there, it can be said that here it is permitted according to all opinions because he does not place the bran in water, but rather takes it with wet hands (Magen Avraham, subsection 10). Nevertheless, our women are accustomed to forbid it, and it is proper, for it is clearly known that if we only permit it to them, they will pour water onto the bran in their hands, and according to the opinion of the Ra'avad that we cited there—it is a primary category of labor and she would be liable for a chatat. Furthermore, even the Rambam only exempted regarding bran (mursan) and not coarse bran (suvin) as was written there, and who can distinguish between coarse bran and bran. Similarly, ash is judged like bran, and according to the opinion of the Ra'avad at the end of chapter 8: by placing water into ash—one is liable on account of kneading, and only with coarse sand can she clean, for according to everyone this does not involve kneading, as was written there. And with salt, soap, and fat—it is nolad and forbidden, but there are those who prepare from the eve of Shabbat melted soap, which is called "mulyenes," and it is permitted with this to clean the hands, and similarly it is permitted to clean with dust from a crushed brick (Tur). And there is one who permits smearing with soap (see Magen Avraham, subsection 11), and these are astonishing words and it is obvious that it is forbidden.

Our teacher, the Beit Yosef, wrote in section 11: "A bathhouse whose apertures were closed on the eve of Shabbat—on Saturday night one may wash in it immediately; but if its apertures were not closed, even though it was heated on Shabbat of its own accord—one must wait in the evening for the time it takes to be made, because it is forbidden to do so, as a decree lest one rake the coals." Thus far his words. For in their times, the bathhouse was heated from beneath it, and there were apertures in the floor of the bathhouse through which the heat entered, and when they plug the apertures the heat does not enter the bathhouse; therefore, when they plugged the apertures on the eve of Shabbat, behold, the heat did not enter on Shabbat, and therefore on Saturday night he opens the apertures and washes in it immediately. But when they did not plug them and the heat entered of its own accord on Shabbat, and there is no prohibition in this according to the essential law, nevertheless they forbade in such a case for the reason of lest one rake the coals that are beneath the floor so that the heat will emerge more strongly, and therefore they must wait for the time it takes to be made. And one should not learn from this that it is forbidden to open a small door of a winter-house oven after it was heated in a manner where there is no concern of kindling or extinguishing in its opening, for we have not found a prohibition in opening a door so that the heat will come to the second room. And that which they forbade in a bathhouse is because in a bathhouse the way of its heating is such, to open and to close, and there is a concern lest one rake; but in the opening of a door generally so that the warmth shall enter—there is no reason to forbid (and this is what the Magen Avraham wrote in subsection 12: From here there is room for further study regarding winter-houses... indeed I have seen people conduct themselves with permissibility, thus far his words; and the permissibility is clear for the reason we explained, and examine it well).

It has already been explained that they also decreed regarding sweat, and therefore in a small bathhouse that is full of sweat—it is forbidden to pass through it. However, the bathhouses of large cities—one may walk through them and need not be concerned, because they do not have much steam. And a city where Jews and heathens dwell and it has a bathhouse heated on Shabbat: if the majority are heathens—it is permitted to wash in it immediately on the conclusion of Shabbat; and if the majority are Jews—it is forbidden on the conclusion of Shabbat for the time it takes to be heated, for presumably they heat it with the majority in mind. And even if it is half and half—it is forbidden for the time it takes to be done, for certainly he intended for both of them. And any doubt in this matter—is forbidden, for the reason that this is a "thing that has permitters," as I wrote in the previous siman regarding an item that comes from outside the techum, see there (and so it is explicit in the Gemara 151a according to Rav, for the halacha follows him in matters of prohibition, see there and examine closely).