Siman 511

We learned in the Mishnah (21b) that it is permitted to make a bonfire and warm oneself before it. And some say the reason is because we say: Since kindling was permitted for a necessity—it was also permitted for that which is not a necessity (Ran). But in truth, we do not require this reason, for anything that is a bodily necessity—is included in the category of "food for the soul." And so it is explained from the commentary of Rashi in the Gemara there, and from the Rambam as will be explained. This is the wording of the Rambam in the Commentary on the Mishnah: For that which Hashem said, "that which shall be eaten by every soul"—includes the benefit of the entire body. And I am wonderstruck that I did not find this law in the Rambam in all the laws of Yom Tov. And perhaps since he wrote in the first chapter, law 4, that regarding all labors we do not say "since," except for carrying and kindling, and it is permitted to kindle even for no necessity at all, see there—if so, all the more so it is permitted to make a bonfire to warm oneself before it, for even for no necessity at all it is permitted.

And it is permitted to heat water on Yom Tov to wash his hands and feet, but not his entire body. So we learned in the Mishnah there, and our teachers the Tosafists and several of the Rishonim explained that the reason is because we require a matter that is "equal for every soul," and this is only suitable for delicate people. But his hands and feet—it is equal for every soul. And they explained the reason similarly regarding the prohibition of incense, which will be explained in this siman. And no man has ever wavered regarding this reason, and all the poskim hold that it is a decided halacha.

And we have already written in siman 495, section 19, that in the Rambam this law is not found at all, that we require a matter that is equal for every soul. And regarding the reason for the prohibition of washing one's entire body—it is because of the decree of the bathhouses. And the prohibition of incense—is because of extinguishing, and so it is proven from the Rif. And we explained there the reasoning in section 20, that the Rif and the Rambam rejected this from the halacha, and it is permitted even if it is not equal for every soul. And so it is explicitly proven in the first chapter of Ketubot, see there.

This is the wording of the Rambam in the first chapter, law 16: Washing and smearing—these are included in eating and drinking, and one may perform them on Yom Tov, as it is said: "Save that which every soul must eat"—for everything the body needs. Therefore, one may heat hot water on Yom Tov and wash his face, his hands, and his feet with it. But his entire body—it is forbidden because of the decree of the bathhouse. And hot water that was heated on the eve of Yom Tov—one may wash his entire body with it on Yom Tov, for they only decreed against this matter on Shabbat alone. Thus far his words. However, this is specifically outside of the bathhouse, but in the bathhouse—it is forbidden. But with hot water that was heated on Yom Tov—it is forbidden to wash his entire body, even limb by limb. And that which was heated on the eve of Yom Tov—it is permitted even his entire body at once, such as entering a bathtub and the like. But Ri, the author of the Tosafot, and the Rosh, of blessed memory, ruled that to wash his entire body—it is forbidden even with hot water that was heated on the eve of Yom Tov, just as on Shabbat. And such is the custom. And the law of the hot springs of Tiberias is like on Shabbat, as I wrote in siman 326. (And it seems to me that they follow their reasoning: for according to Ri and the Rosh, that with water heated on Yom Tov it is a Torah prohibition because it is not "equal for every soul"—they decreed regarding the eve of Yom Tov on account of Yom Tov. This is not the case according to the Rif and the Rambam, for with water heated on Yom Tov it is only because of the decree of the bathhouse—it is impossible to decree regarding the eve of Yom Tov on account of Yom Tov, for it would be a decree upon a decree.)

Our teacher, the Rema, wrote in section 2 that it is permitted to wash a baby in water that was heated by an Israelite on Yom Tov. However, it is forbidden to heat for its sake even by means of a non-Jew. But when one needs them for cooking or for rinsing – then it is permitted to increase for its sake. Thus far his words. Meaning: that even for the sake of the baby, for whom it is a necessity – it is forbidden to heat unless one is heating for the purpose of his face, hands, and feet, for then it is permitted to wash the baby. But for the sake of the baby – it is forbidden even by means of a non-Jew. And only when one needs it for cooking or for rinsing vessels – it is permitted to increase also for the sake of the baby, and specifically at one time. And it appears to me that this is when there is not such a great necessity for the baby. But if there is a necessity – it is simple that it is permitted for him to heat for its sake himself, for regarding the baby it is considered "equal for every soul." And also according to the Rif and the Rambam, the decree of the bathhouse does not apply to this, rather that this is not such a necessity for the baby, and only if there is prepared water is it permitted to wash his entire body, for they did not decree against his washing. And in truth, there are those who say that nowadays, since even on a weekday one does not wash the baby for two or three days – it is forbidden to wash him on his entire body on Yom Tov (Magen Avraham subsection 5).

To place hot water into a mikveh nowadays, since women are unable to go to a mikveh of cold water—it is obvious that this is a thing equal for every soul. Furthermore, there is no decree of the bathhouse here, and it is permitted on Yom Tov. However, this is when they heat it at night and pour it into the mikveh. But to heat on the first day of Yom Tov so that the women may go at night—it is obvious that it is forbidden, for even preparation is forbidden from the first day to the second, and certainly a labor forbidden by the Torah. However, by means of a non-Jew, since it is impossible otherwise, for if not they will not go for immersion today—it is a rabbinic prohibition of instructing a non-Jew in a place of a public mitzvah, for it is possible to rely on the opinion of the author of the Ittur which our teacher, the Rema, cited above in siman 276, that it is permitted to tell a non-Jew to light a candle for him for the sake of the Shabbat meal, see there. And although we do not rely on this permit, as I wrote there, nevertheless in a place of the nullification of procreation, and since most often the non-Jew who is with the bath-attendant acts on his own—it is necessary to rely on this. And it is good that the bath-attendant should take from the water to wash his vessels on Yom Tov and the like, for such is the custom. And to heat for the sake of washing at the time of the beginning of her counting, when she puts on white garments—certainly it is not proper, for she can wash in cold water or use water that was heated for drinking, and the like.

Our teacher, the Rema, wrote in section 1 that there are those who say it is forbidden to heat the winter house on Yom Tov, for sometimes the cold is not great, and it is only for the pampered, and it is like a bathhouse or incense which are forbidden. And the custom is to be lenient. Thus far his words. And in truth, there is no reason for this stringency, for what matter is this of "not being equal for every soul"? Behold, cold is certainly equal for every soul. And as for the fact that regarding the degree of cold temperaments are not equal, if we call this "not equal for every soul" – we should forbid the drinking of hot tea and coffee on Yom Tov, for they are only for the pampered. Rather, certainly since the essence of drinking is equal for every soul – we do not descend into details, and so it is with cold. And there are daily occurrences on Pesach and Sukkot, when the weather is cold, that we heat the stoves of the winter house on Yom Tov.

Even though it is forbidden to immerse vessels on Yom Tov due to fixing a vessel, as I wrote in siman 509, nevertheless, a person is permitted to immerse from his impurity on Yom Tov, because it appears as if he is cooling himself. And even on Shabbat it is permitted, as I wrote in siman 326. And washing in cold water—it is obvious that it is permitted on Yom Tov, for even on Shabbat it is permitted. However, on Shabbat one must shake the water from the hair when exiting a river, so that he does not carry in a karmelit, as I wrote there. But on Yom Tov he does not need this, and one only needs to be careful not to come to the point of squeezing, neither with his hair, nor with his shirt, and his towel, and the like.

One may not make a mugmar, which is to scatter types of spices upon coals, whether for smelling or to scent the house or vessels. The Rishonim wrote the reason: because it is not equal for every soul, but only for the pampered. However, if one smoked them in order to impart a good scent to fruits, to sweeten them for eating – it is permitted even if he scatters them upon a coal of wood which he extinguishes, for for the sake of food for a soul, extinguishing is permitted, as I have written several times. Furthermore: ultimately it kindles. And regarding creating a scent – it does not apply, for his intention is not to create a scent, but only to prepare food. And even if they are good without this, but he wants them to be better – it is permitted, for the Torah did not restrict the manner of our eating.

The Rambam in the fourth chapter, law 6, wrote: One may not burn incense on Yom Tov, because it extinguishes, even to smell it. And all the more so to scent the house or the vessels, which is forbidden. But it is permitted to burn incense under fruit... just as it is permitted to roast meat over the fire... Thus far his words. And behold, he did not write regarding the mugmar the reason of "equal for every soul," because the Rambam does not hold of this law, as I wrote in section 3, but rather he wrote the reason of extinguishing. And the explanation of his words: that even though regarding absolute food for the soul, such as meat and fruit, they permitted extinguishing for the sake of food for the soul, yet in a matter that is only for scent—the sages did not wish to permit it.

And know that there were those who wished to forbid the smoking of tobacco on Yom Tov, because it is not something "equal for every soul." But those who disagree are many, and they explicitly permitted it. And there is clear proof for this from what the Tosafot wrote in Shabbat (39b, beginning with the words "They permit," see there) that sweating is something equal for every soul, as it is for the health of the body, see there. So too, the smoking of tobacco for those accustomed to it—it is for the health of the body, to digest food and to expel superfluities. And because there is also pleasure in it, should it be diminished? This is a wonder (Pnei Yehoshua ibid.). And there is one who wrote in this wording: I am accustomed to drink tobacco on Yom Tov, according to the custom of the world for medicine, and especially nowadays it is truly equal for every soul (Pri Megadim in this siman, in the Taz, subsection 2). And there is one who wrote that he used to prevent himself from smoking, and a certain pious man said to him that he does not do well, for he prevents himself from the joy of Yom Tov (Sha'arei Teshuva, subsection 5, in the name of the Chacham Tzvi). And besides all these, I say that it is not similar to incense, which is not equal for every soul except for the pampered. But tobacco is primarily for coarse people, like village dwellers who smoke much. And as for the pampered, there are many who cannot even tolerate the smell. And even if there is also good tobacco that produces a good smell—it is a minority, and the majority of it is a simple and thick smell. And because there is some with a good smell, shall we forbid it? If so, we should also forbid fruits that have a good smell. And those who do not smoke on the first day, but smoke on the second—they treat the second day of Yom Tov with disrespect. And there is one who wishes to forbid it because of extinguishing, and as is known, there is no extinguishing in it if one does not press the coal. Furthermore: in truth on Yom Tov—it is better to smoke from a flame and even from a candle, and even one who is careful to smoke from a candle all year, it is more comfortable to light on Yom Tov from the flame of a candle, for with sulfur matches it is simple that it is forbidden. Only nowadays that cigarettes have increased—they should be careful to prepare them from the eve of Yom Tov, for on Yom Tov it is certainly forbidden to make them, as this is like the making of a vessel.

Our teacher, the Rema, wrote in section 4 that it is forbidden to invert a perfumed cup over garments because he creates a scent in them. Thus far his words. And even though it is permitted to rub herbs, as I wrote in siman 325—this is because they contain a scent, and through rubbing the scent is increased. This is not the case with a garment—there is no scent and it is "nolad." And even if there was a scent in the garment—it is forbidden to add to it, for the scent is not of its essence, and if so, he adds a new scent in it (Magen Avraham, subsection 11). However, an etrog that is placed on a garment and was removed from it—it is permitted to return it, since he does not add a new thing (ibid.). There are those who put scent into water. If it is for drinking, so that it will be more pleasant for drinking—it is permitted. But if it is for the sake of the scent—it is a complete prohibition. And there are those who put scent in the water for the washing of the Kohanim, and it is a complete prohibition (ibid. and Taz, subsection 8), and now we have not heard of this custom.