Sefer HaChinuch ספר החינוך

The commandment of immersion for the impure: That we should immerse in the waters of a mikveh (ritual bath) and then become pure from any type of the types of impurity with which we have become impure, as it is stated (Leviticus 14:9), “and he shall wash his flesh.” And the tradition came about it, [that it is] water in which all of his flesh can go. And the Sages estimated this as forty seah (Eruvin 4b), and that is the measure of a mikveh. And from the Torah — whether the water is drawn, or it is pulled from the springs or from rain water — it is all fit. But the Sages disqualified any mikveh, the water of which is drawn. And not only that, but rather even if the water passed through a whole vessel at the time that it was flowing into the pit, they disqualified it. And this measure of forty seah regarding the waters of a mikveh is even to immerse a needle, according to some commentators. But with gushing water — meaning to say, water that comes out of springs — it does not have a measure at all. Rather, any time that all of his body together is covered by it, or that the impure vessels are covered together by it, it is fit to immerse in it.

And Rambam, may his memory be blessed, wrote (Sefer HaMitzvot, Positive Commandments 109), “And our intention in writing that immersion is a positive commandment is not that it is a commandment upon everyone impure to become purified regardless, like anyone who is covered by a cloak must make fringes (tsisit), and so [too,] all who have a roof are obligated to make a parapet for it. [Rather,] the matter is that the Torah informed us that one who wants to become pure from his impurity will not have a possibility to do this without immersion in water. And [so] it commanded us to accept the matter and to do it like this when we want to become pure. But if one wants to stay in his impurity and not to enter the encampment of the Divine Presence for a long time, the option is in his hand.” An addition: But nonetheless it is not from the trait of piety and men of [good] action to be defiled in their impurity — as impurity is disgusting, and purity is beloved. And the soul of a person is elevated and purified with purity. To here [is the addition]. “And the language of Sifra, Acharei Mot, Section 5:3 is ‘“And wash his flesh” — perhaps it is a decree of the King? [Hence] we learn to say, “and after, he may come to the encampment.”’ [This is] meaning to say that a person is not commanded to purify himself. [Rather,] if he wants to purify himself, it is a commandment upon him to do this procedure for his purification.”

What I wrote above at the beginning of this Order (Sefer HaChinukh 173) is from the roots of this commandment of the purification of the water; to answer the children — according to the simple understanding of things, in the way of those that seek the simple understanding — until they grow up and understand that which they will understand. And we shall also say about the matter that there is a hint in immersion to the one immersing that he clean his soul from all sin, just like the nature of water is to clean every thing that is washed in it.

From the laws of the commandment is that which they, may their memory be blessed, (Mishnah Mikvaot 1:8) said that the waters of the mikveh are fitting to purify in them from any impurity, such as [that of] the menstruant, the zavah and the other types of impurity of men and vessels — except for only a zav, since Scripture made explicit only for it [that] living waters are his purification — the understanding of which is gushing water. And also that which they, may their memory be blessed, said (Yevamot 74b) that even though the immersion of some of them is during the day, their purification is not completed until the sunset, as it is written (Leviticus 11:32), “it shall come in water and be impure, until the night and it shall become pure.” And he needs to immerse his body revealed — meaning to say, that all of it is [in contact] with the water, meaning that there not be anything separating between all of the body and the water. But if he immersed in his clothes, the immersion counted for him, ex post facto — since the water goes into them. And the menstruant is also [included] in this law, ex post facto, and is permitted to her husband — and that is so long as the clothes are not extremely tight. And the immersion of all of those obligated to immerse is during the day, except for the menstruant and the woman that has given birth, such that their immersion is during the night. And one impure from a seminal emission may immerse from the beginning of the night and on, until the sunset [of the next day].

The laws of separations [from the water] that they, may their memory be blessed, said (Eruvin 4b) is that it is the word of the Torah if there was something separating, covering most of the person or the vessel, the immersion would not count for them — and that is when the person is concerned about the thing. But if he is not concerned, the immersion counts. But if the thing that separated was only on its lesser part, the immersion counts for him from Torah writ, even if he is concerned about it. But [rabbinically, with] anything — even the smallest amount — that separates that he is concerned about, his immersion does not count; [as a] decree of its lesser part, on account of its majority, which is forbidden from the Torah when he is concerned. And if the thing that separated covered most of him — even if he is not concerned — his immersion does not count; [as a] decree of the majority about which he is not concerned, on account of the majority about which he is concerned, which is forbidden from Torah writ. It comes out that if there was something on his lesser part and he is not concerned, the immersion counted for him — even rabbinically — as now there are two advantages to the thing.

And the laws of mikvaot are many. And [there is] the law of drawn water — how much disqualifies the mikveh and how it is [that it is disqualified]; and with which vessel is the water called drawn water — for if one drew it with a vessel that has a hole the size of a pomegranate, it is not called drawn. As from then, it no longer has the status of a vessel. And even if he filled the hole with a filling that is not proper, which still leaves holes or cracks when the liquid enters [it] — such as if he placed a stone or a fruit in it temporarily — I have heard from my teacher that this is not called drawn, and [so, it is] fitting to immerse in it.

And the law of carving out a vessel before he fixed it [in the ground], or if he fixed it and afterwards carved it out; and how much carving out is [needed] to disqualify — and the difference between an earthenware vessel and other vessels, as an earthenware vessel is not disqualified until it is carved out enough to hold a reviit, whereas a wooden vessel [is disqualified] with the smallest amount. And that which they said (Shabbat 14a) that a mikveh is not disqualified with a change of smell or a change of taste, but rather only with a change of appearance. And any [liquid] from which we do not make a mikveh from the outset — such as wine, milk, blood and also the juice of any fruit — disqualifies the mikveh with a change in appearance. But if some of it fell into [the mikveh] and it did not change its appearance, it is not disqualified. As it is only with drawn water that they decreed and said that three log disqualifies. But fruit juice does not [disqualify] until the appearance of the water changes from their mixing [in]. (See Mishnah Mikvaot 7:5.)

And the law of separations are many. But the end of the matter is the general principle that we require, [which] is this: From Torah writ (Bava Kamma 82a), any woman should have [only] needed to inspect all of her body proximate to her immersion — so that there not be anything separating on her body, and that would suffice for her. But Ezra and his court ordained that she scrub in hot water any place she has hair, and comb or loosen her hair with her hands — or a comb, if she has one — very well; such that if her hair was knotted, she would undo them. And the daughters of Israel were stringent upon themselves to cleanse all of their bodies with hot water. And anyone who differs from their custom should be stretched on the pole [to be whipped]. (See Makkot 22b.)

And this scrubbing needs to be proximate to her immersion — meaning to say that she not be involved in anything in between. And nonetheless if the immersion of a woman happened to be on Shabbat or a holiday, they permitted even from the outset that she scrub during the day and immerse at night. And likewise the Sages, may their memory be blessed, said (Niddah 67a) that on account of the concern that water should enter onto all parts of her body, a woman needs to stand at the time of the immersion in such a way that she appear like a weaver or one nursing her child standing under her breast. And she also needs to be careful about rings on her hand and bracelets — and if they are tight, she must take them off her hands at the time of immersion; and so [too,] to untie the bands on her hair, and to rinse her mouth and teeth. As even though water does not need to come into any of the hidden places, they need to be fit for the water to come in. And there was a case (Niddah 66b) of a woman who immersed and a bone was found between her teeth, and the Sages required her another immersion. If she immersed and then something else separating was found upon her, such as dough or tar or dry blood and what is similar to them from all of the things that the Sages enumerated as separating — even it if is as small as a mustard seed, so long as she is concerned about it and her way is to remove it — her immersion did not count for her. And even if the thing was under the fingernail, and even if it was [impressed on] the flesh — since she is concerned — it is [considered to be] separating. And therefore the daughters of Israel have been accustomed to cut their nails at the time of immersion. And the rest of its many details of the laws of separations and the laws of mikvaot and one who has immersed on that day are elucidated in Tractate Mikvaot and in Tractate Tevul Yom.

And this commandment of immersion is practiced in every place and at all times by males and females. As it is a commandment upon them when they want to become pure from their impurity that they immerse in water, like the matter that we said about fitting waters, and that there not be something separating upon them and the rest of the matters that we wrote. But nonetheless the commandment is not that they purify themselves regardless if they want to stay in their impurity, unless they came to enter the Temple or to eat consecrated foods. And [the latter] is at the time of the Temple. As then — at that time — if one did like that, he [would have] violated this positive commandment, besides the liability that is upon him in his eating the holy in impurity and his entering the Temple, as we wrote above (Sefer HaChinukh 167).