CCAR RESPONSA
Contemporary American Reform Responsa
45.
A Swimming Pool as a
Miqveh*
QUESTION: May a swimming pool be used as a
miqveh? What are the requirements for immersion which we would follow with converts in those communities in which ritual immersion is indicated or where the rabbi feels strongly about the inclusion of this ritual? (Rabbi D. Shapiro, White Plains, NY)
ANSWER: We will
deal briefly with the question of the use of the miqveh for conversion in Reform gerut as that has been dealt with in earlier responsa (“Origin of the Miqveh for Conversion” and “The Miqveh and the Reform Convert”). The question of rituals which should be used to accept converts was debated in Germany in the eighteen-forties. This centered mainly around the requirement of circumcision (milah). Samuel Holdheim and the Reform Society were opposed to circumcision. Abraham Geiger and the vast majority emphasized it as a necessary rite. The issue was raised in America at the Philadelphia Conference of 1869 and again at the Pittsburgh meeting in 1885; between these conferences various Reform rabbis had written pamphlets and articles on the question. Tevilah was not debated and only generally included in these discussions. This was equally true in 1893 when considerable time was spent on debating “Initiatory Rites of Proselytes.” The resolution which was passed called for acceptance of proselytes “without any initiatory rite” (C.C.A.R. Yearbook Vol. III, p. 36). Those rabbis who recorded the reason for their opposition to the resolution dealt only with milah, not tevilah.
The ritual of tevilah
therefore, quietly vanished without debate; it has similarly reappeared on the scene as a larger number of American Reform rabbis have made tevilah optional or mandatory for gerut. In many instances the traditional miqveh has been used. When none was available, immersion has taken place elsewhere. Let us turn to the requirements for a miqveh.
We should begin with the regulations connected with a traditional
miqveh which are clear. It should be at least three cubits long, a cubit wide and a cubit deep and contain forty seahs of water (Er. 4b; Yoma 31a; Shulhan Arukh Yoreh Deah 201.1). In other words, a space which contains between 171 and 191 gallons of water would be sufficient.
The water must be from a natural source. It may be from a spring, a lake or
a river which has been fed by a natural spring in accordance with a statement in Leviticus (11.36): “Nevertheless a fountain or a cistern wherein is a gathering of water shall be clean.” The opening word of that statement has been interpreted to be restrictive (akh) according to tradition (Hul 84a; Sifra to Lev. 11.36). Rain water is also appropriate as is water melted from ice or snow (M. Miq. 7.1; Yad Hil. Miqvaot 3.1 ff; Shulhan Arukh Yoreh Deah 201.2; 201.30).
It is clear from the rabbinic sources that the only usable
liquid is water (Shulhan Arukh Yoreh Deah 201.23) and that it must be still water (Sifra to Lev. 11.36; Rashi to Shab. 65b, to Nid. 67a; Tos. to Hag. 11a; Yad Hil. Miqvaot 10.16; Shulhan Arukh Yoreh Deah 201.2). The water which enters the miqveh may not be drawn or poured into it (Smag Positive Commandment #248; Tos. to B. B. 66b, to Pes. 17b; Shulhan Arukh Yoreh Deah 201.3). It must enter through a system of pipes not subject to uncleanliness; this excludes pipes of metal, wood or clay unless specifically treated to turn them into “vessels” (Rosh Miq. 5.12; Yad Hil. Miq. 5.5; Shulhan Arukh Yoreh Deah 201.34; Hatam Sofer Responsa Yoreh Deah 199). The miqveh itself must be constructed in the ground or be located in a building which is built into the ground. The miqveh may not consist of a tub (B. B. 66b; Tos. to Pes. 17b; Shulhan ArukhYoreh Deah 201.6).
We should also note that if a pool has
attained the status of a miqveh, then one may add any amount of water, such as tap water, by other means and the miqveh does not lose its status. Furthermore, the original miqveh may be connected with another through a pipe. If this is done and it flows into the neighboring pool it is considered an appropriate miqveh (Rashi to Yeb. 47b).
The main problem in building a miqveh are the rules connected with the
piping, and the vessels through which the water must pass. The vessels can not be of such a size that objects can be placed into them; the pipe itself is not considered a vessel (M. Miq. 4.1; Yad Hil. Miqvaot 6.1). The problem of using a modern water system are the reservoirs, holding tanks, and filters, through which spring or river water flows before reaching the user. Most miqvaot in modern cities, therefore, use rain or melted snow water as the basic supply to which other water is added as needed (Shulhan Arukh Yoreh Deah 201.36; Ezekiel Landau, Noda biyehuda Yoreh Deah 136, 137; Hatam Sofer Responsa #198, #199, #203ff; Rosh Responsa#30, #31).
Now let us
turn to the matter of a swimming pool seen in a traditional setting. It is clear from the outset that in many ways a swimming pool satisfies the provisions of a miqveh. Most pools are built into the ground or into buildings which are in the ground. There would be no difficulty of properly guiding two hundred gallons of rain water or melted snow into the pool at the outset and then adding other water. Similarly a small neighboring splash pool could be properly prepared and connected. The problem of recirculated water which causes a flow and drainage holes in the bottom of the pool are among the chief obstacles for traditional Jews in using a swimming pool as a miqveh. This is true even though the flow of water is entirely internal as the pumps pass water through the filters and return it to the pool. For a complete discussion of these problems see Benjamin Kreitman, “May a Swimming Pool Serve as a Kosher Miqveh,” (Proceedings of the Rabbinical Assembly, Vol. 33, 1969 pp. 219 ff). The nineteenth and twentieth century traditional authorities have turned more and more to technical discussions about the miqveh and even questioned the appropriateness of miqvaot in long use. For our purposes these details upon details are irrelevant.
We must ask about the
purpose of this ritual. If we return to the Biblical and early rabbinic statements connected with purification for gerut or other purposes, we can see that the authorities sought a ritual which used pure water in an appropriate setting. This symbolic purification changed the status of the individual involved (Yad Hil. Miqvaot 4.1, 11.12). This symbolism is meaningful to many modern converts as it helps them to make the transition to Judaism.
Symbolic
purification for gerut can be properly provided by a natural body of water, a miqveh or a swimming pool. If a pool is used, the ritual should take place only when no other use is made of it. The ceremony should be conducted in an appropriately dignified manner.
We should remember that our use of tevilah for gerut has
gradually developed among us as we have changed since 1893. No rituals have been mandated by the Central Conference of American Rabbis which stipulated that acceptance of Judaism occur before a rabbi and two associates for gerut; however both milah and tevilahhave been widely used.
November 1986
If needed, please consult Abbreviations used in CCAR Responsa.