Siman 381

We say in Taanit (Taanit 13b): And the halakha is that a mourner is forbidden to wash his entire body, whether in hot water or in cold water, all seven days. But his face, his hands, and his feet – in hot water it is forbidden, in cold water it is permitted. But to anoint even any small amount – it is forbidden. And if it is to remove filth – it is permitted, see there. And if he was soiled with mud or with excrement or any other type of filth – he washes in his usual manner, and he need not be concerned. For even on Yom Kippur it is permitted in such a case. For they only forbade washing of pleasure and not of distress, meaning: to remove the distress.

Our teacher, the Rema, wrote that all this is not prohibited by the law except for seven days, but afterward, washing is permitted. However, it has become the custom nowadays to prohibit washing for the entire thirty days (this is how it must be stated). And even to wash the head—it is prohibited. And one should not change the custom, for it is an ancient custom and was established by the pious. Thus far his words. And the reason: for we concern ourselves that perhaps he will come to comb the head (Or Zarua). And according to this, for us, since we permit combing the head, as I wrote in siman 390—it should be permitted to wash (Taz, subsection 1). But some say the reason they prohibited it is because of haircutting, for it is the way of one who enters a bathhouse to shave his head (Rashal). And according to this, it is rightly prohibited even for us (Taz, ibid.). And that which he wrote "to wash the head"—this refers to hot water, but with cold water it is permitted.

And even according to the custom, the prohibition is only with hot water. But with cold water—it is permitted within thirty days for his entire body (Shach, subsection 1). And there are some among the great authorities who hold that according to the custom, even with cold water it is prohibited for all thirty days for his entire body (Dagul Mervavah, and the Gaon Rabbi Akiva Eiger). And I wonder: for according to the second reason that was explained, this certainly does not apply to cold water, for only one who enters a bathhouse is accustomed to shave his head, and not one who washes in cold water. And the first reason regarding combing the head does not apply to us, as I have written. And if so, for what reason should we prohibit in cold water? Furthermore: for washing, stated plainly, is only with hot water, as it is in the Yerushalmi (chapter three, halacha 5) which says that washing in cold water is not considered washing, see there. And the Gemara in Taanit there, when it prohibited cold water within seven days, found it necessary to specify: "whether with hot water or with cold water." And if so, since the custom is stated plainly as "washing"—it refers only to hot water. Furthermore: for in Taanit there they said: anything that is for the sake of pleasure—with hot water it is prohibited, with cold water it is permitted. Thus, with cold water there is no pleasure. And if so, why should we prohibit it? And if it is because of mourning—behold, the term "mourning" only applies to seven days. Furthermore: for below in siman 399 and in Orach Chaim siman 549 where washing is mentioned in the Shulchan Aruch, it refers to hot water, as is explained there. And regarding this, our teacher, the Rema, says there: even though they are accustomed to prohibit washing all thirty days, see there. (And at the end of siman 606 in Orach Chaim there, where it implies that it refers to tevilah—it is not so, for it refers to washing as in siman 549, but rather because on the eve of Yom Kippur it is not the practice to immerse without washing. And regarding what the Gaon Rabbi Akiva Eiger wrote, bringing proof from the Shach himself in siman 399, subsection 16, as to why he did not answer that the Rema is speaking of cold water—according to what I have written it works well, for washing stated plainly is with hot water, as is proven from all the places we have cited. And so it appears to me from the words of the great Or Zarua at the end of siman 435, see there. Examine it and you will find it simple.)

And so it appears in my humble opinion that to sweat in a bathhouse like our bathhouses, where they ascend to a high place called a pahl, and they pour water in the furnace upon the burnt stones, and the steam rises upward, and they rub their flesh with forest tree leaves—it is permitted even within the thirty days, provided only that he does not wash there with hot water. For this is merely sweating to remove the filth because of distress, so that his flesh will not be loathsome due to the filth, as is known. And sweating and washing are two different matters, as is proven in Shabbat (Shabbat 40a) that when they originally decreed on Shabbat against washing, they did not decree against sweating; see there. And it is known that one who needs this bathhouse—his distress is very great if he does not sweat there. And since washing itself within the thirty days is only a custom, therefore one should not add to the decree. And so I have been ruling consistently, only I warn that they should rinse only with cold water, and they should be careful regarding washing with hot water and anointing with the soap called seife. And it appears that even this is permitted, for only washing was mentioned as prohibited within the thirty days and not anointing.

The matter is simple that one who is not in a state of health, even if he is not ill but requires a hot bath to strengthen his health, it is permitted within thirty days; since it is not by the letter of the law, one should not forbid it when it concerns his health. However, within seven days it is forbidden, unless a doctor commanded to do so for him, even if he is a patient whose life is not in danger. For in a case of illness they did not decree, just as the prohibition of speaking to a gentile is a shevut, which was permitted on Shabbat for a patient whose life is not in danger, as I have written in Orach Chaim siman 328.

Anointing, how so? A mourner throughout the seven days is forbidden to anoint even the slightest amount, if he intends for pleasure. But if it is to remove filth—it is permitted even within the seven days. And it goes without saying when he needs to anoint for medicinal purposes, such as if he has scabs on his head or tzara'at on his body, or because of some ache. Every type of anointing is forbidden, whether with oil or with soap, and certainly with anointments that have a good scent, such as types of perfume and the like. The prohibition of anointing applies both to his body and to his hair, whether a man or a woman.

A woman after childbirth who is a mourner and needs to wash—she is permitted even on the first day, and even with hot water. However, if there is not such a great need for this—one should be stringent on the first day (Shach, subsection 2), and likewise one who is an istanis, like that of Rabban Gamliel in the second chapter of Berakhot. But not every person can say "I am an istanis," only one who is known that without washing he will suffer greatly and come to a state of physical ailment; for such a person they permitted (Tur). And likewise, one who has a scurf on his head—he is permitted to wash with hot water, for he is no worse than an istanis. And likewise, one who has tzara'at on his body and needs hot water—he is also permitted for the reason that has been explained. And one whose mournings followed in close succession, where two mournings occurred one after the other—he is permitted to wash his entire body in cold water (Gemara). And this is at the conclusion of the shiva of the first mourning. And it appears to me that the same law applies at the conclusion of the thirty days for the first one—he may wash his entire body with hot water, for if with the washing of cold water during shiva, which is forbidden by the letter of the law, they permitted it to him, all the more so with hot water during the thirty days, which is only a custom, that he is permitted in this.

A niddah whose time for immersion happens to fall during her days of mourning does not immerse, for why should she immerse when she is forbidden from cohabitation? Furthermore, immersion in its time is not a mitzvah, and people are not careful regarding it. Our teacher, the Rema, wrote that all the more so she does not wash to wear white (for the days of counting the seven clean days). However, immediately after the seven days, even though they practiced a prohibition against washing for the entire thirty days, nevertheless she is permitted, provided that she alters her washing slightly, and she shall wear a white garment, and spread a new sheet, so that she does not come into a state of doubt. Thus far his words. And some say that washing for the wearing of whites is permitted even during the seven days. And she shall wear a white garment, and spread a new sheet, provided that she alters the washing, which is to say that she washes with hot water only between her thighs and in that place. And the great authorities agreed to this (see Turei Zahav and Siftei Kohen). And a niddah whose immersion falls on the conclusion of Shabbat, and on Friday she is still within her days of mourning, and on Shabbat the mourning will conclude—she is permitted to perform her chafifah on Friday (Panim Me'irot). And the Maharam was a ba'al berit within the thirty days of his father's mourning, and he washed on the night before the circumcision. And he said: Since it is merely a custom—he should not be stringent when he is a ba'al berit (Turei Zahav).

A woman shall not apply kohl nor braid her hair during the days of her mourning, for this is forbidden like washing. And if it is impossible – she is only forbidden within the seven days and thereafter she is permitted, so that she does not become repulsive to her husband. And a bride for whom mourning occurred within thirty days of her wedding canopy – she is permitted to adorn herself even within the seven days, for a bride requires adornment more. And a bogeret for whom mourning occurred, since she is standing to be married – she is permitted in applying kohl and braiding hair within the seven days. But she is forbidden in washing with hot water, and her entire body with cold water, for washing is not an absolute hindrance. And a ne'arah who is a mourner is forbidden even in applying kohl and braiding hair. But a minor girl – she is permitted, and likewise a minor boy, for they are not in mourning. And the concept of chinuch does not apply in this matter.