Question: A certain ba’al teshuvah was training for competitive swimming in the upcoming Olympics and he would spend many hours a day in the swimming pool. This particular ba’al teshuvah wanted to know if he may continue his training during the Nine Days, or if perhaps doing so would be prohibited due to the prohibition against bathing during the Nine Days?
Answer: R’ Doniel Yaakov Travis shlita in his sefer Takonas HaShovim (Vol. 1, siman 24) discusses this shailah and he concludes: If there is a big need there is room to be lenient during the Nine Days, since the swimming is not being done for the sake of pleasure. However, on Tisha B’Av itself he should avoid it.
To understand the above ruling, we need to discuss three separate points:
- Is the prohibition to bath during the Nine Days rooted in aveilus over the churban, or is it because one should simply reduce the amount of pleasure (מיעוט תענוג) that he has during these days?
- Under what circumstances is an istenis [sensitive person] permitted to bathe during aveilus?
- Is there a prohibition for an avel (all year round) or for anyone during the Nine Days to bathe if it is not done for pleasure, but is rather being done for the sake of a mitzvah, or for athletic training?
The Status of the Prohibition to Bathe During the Nine Days and the Week During Which Tisha B’Av Falls
The Gemara in Ta’anis (13a) teaches: כל שהוא משום אבל, כגון תשעה באב ואבל, אסור בין בחמין בין בצונן. כל שהוא משום תענוג כגון תענית צבור, בחמין אסור, בצונן מותר. “Any type of bathing which is forbidden due to mourning, such as Tisha B’Av and aveilus, is forbidden in both hot and cold water. Whatever is forbidden due to pleasure, such as a public fast, is forbidden in hot water only; cold water is permitted.”
Terumas HaDeshen
The Terumas HaDeshen (siman 150) proves from the Gemara in Yevamos (43b) that the prohibition of bathing during the Nine Days is rooted in aveilus, therefore, based on the Gemara in Ta’anis it would be forbidden to bathe even in cold water.
The Rambam
The Rambam (Hilchos Ta’anis 5:6) after discussing the prohibitions of laundering and haircuts during the week of Tisha B’Av writes: וכבר נהגו ישראל שלא לאכול בשר בשבת זו, ולא יכנסו למרחץ עד שיעבור התענית — “The Jewish people have adopted the practice not to eat meat during this week, and not to enter the bathhouse until the fast has passed.” The Terumas HaDeshen is medayek from the fact that the Rambam specifically mentions a “bathhouse”, that the prohibition is only when using hot water, however, to use cold water would be okay.
What Is the Machlokes?
It seems very clear that the Rambam holds that the prohibition to bathe and eat meat before Tisha B’Av is rooted in the fact that during this time one should reduce in pleasure, therefore, specifically hot water is a problem as that provides enjoyment, however, bathing in cold water which doesn’t provide as much pleasure is permissible. The Terumas HaDeshen however, seemingly holds that the prohibition of bathing is rooted in aveilus, therefore, even cold water is a problem. Halachah lema’aseh, the Rema (551:16) rules like the Terumas HaDeshen.
Is There a Heter If Bathing Isn’t Being Done for Pleasure?
The Gemara in Yoma (77b) discusses the prohibition for one to wash himself on Yom Kippur and says that in certain cases it is allowed. The Gemara says: ת“ר אסור לרחוץ מקצת גופו ככל גופו, ואם היה מלוכלך בטיט ובצואה רוחץ כדרכו ואינו חושש - “The Rabbis taught: It is forbidden to bathe part of one’s body just as it is forbidden to bathe the whole body. But if one is soiled with mud or excrement, one may wash normally without concern.”
The Heter for An Istenis [Sensitive Person] To Bathe Whilst He Is an Avel
The Mishnah in Berachos 16b brings that Rabbon Gamliel bathed on the first day of shivah for his wife because he was an istenis. A number of Rishonim (Re’ah, Tosfos and the Meiri) understand that the reason an istenis has a heter to bathe, is because the prohibition for an avel to bathe is due to enjoyment (tanug), therefore, as long as it is not being done for enjoyment it is allowed. However, the Ritva, Rabbeinu Chananel, and the Ramban hold that there is only a heter for an istenis to bathe during aveilus if there is a risk to health.
Back to Our Case of the Athlete
It is clear from all the above, that all Rishonim agree that only “washing for pleasure” is prohibited for an avel, however, if it is not being done for pleasure it is permitted. Consequently, there is room to be lenient with our case of the athlete who wanted to train for the Olympics. When an athlete swims for training, he is not doing it for pleasure, rather, he is preparing for his professional livelihood. The Ben Ish Chai (Shu”t Rav Pealim, Orach Chaim 4:29) also discusses swimming lessons and concludes that since it is for craft and not pleasure, one may stay in the river and continue to learn even after Rosh Chodesh.
Summary
- There is a machlokes Rishonim regarding the status of the prohibition to bathe during the Nine Days.
- The Rema takes on like the Terumas HaDeshen that the prohibition is rooted in aveilus, therefore, bathing is prohibited even in cold water.
- The Shulchan Aruch takes on that there is only a heter for an istenis if by refraining one will actually become ill.
- Even according to the stringent opinions, if it is not being done for pleasure at all, it is not a problem.
- Based on this, there is room to be lenient with a ba’al teshuvah who wants to prepare for the upcoming Olympics.
