Monday, 11 April 2016

tamei tahor ritual purity - Do permanently unmarried women need to go to the mikvah?


Is the purpose of a woman's going to the mikvah so that she can permit herself to a man (be he her husband or any potential husband), or is it for her own sake? The nafqa mina is that of a woman who will never marry a man. Women who fall into this category today might include those who are in long-term lesbian relationships, but for a more classical example you can consider the woman who is twice (or thrice) widowed, according to Rebbi and Rabbi Shimon ben Gamliel, in Yevamot 64b. Can such women avoid going to the mikvah, or is it still a requirement?



Answer



There is a Tannaic dispute whether or not going to mikveh at the earliest time possible is an independent mitzvah (טבילה בזמנה מצוה או לאו מצוה) (see e.g. Yoma 8a). According to this opinion, a woman would go to the mikveh irrespective of becoming permitted to her husband (as in Niddah 29b where a woman was sent to mikveh many times to account for many permutations of when her earliest time to go to mikveh was, all the while remaining forbidden to her husband).


The Beis Yosef (Y.D. 197 s.v. הלכך מצוה) cites several opinions that are explicit that according to this approach, a woman should go to mikveh even when her husband is out of town.


And, more directly to your question, the Shach (Y.D. 197:3) says that according to this position, unmarried women and widows should be going to the mikveh.


The halachic consensus seems to be that mikveh on time is not a mitzvah, as the Shulchan Aruch Y.D. 197:2 codifies that it is only a mitzvah when her husband is in town, as a function of the mitzvah of p'ru u'revu. However, several major Rishonim, including no less than Rabbeinu Chananel, held of this position.


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