Women, know your mikveh rights this Yom Kippur
Recently, several women asked me whether a single woman is permitted to immerse in the mikveh (ritual bath) and whether the attendant has the right to prevent her from doing so. Yes, a woman may immerse under any circumstances, and the attendant has no right to interfere in her personal life.
In 2011, the Center for Women’s Justice and Kolech petitioned the Israeli Supreme Court (Bagatz) to allow single women access to public, State-operated mikvaot. The lead petitioner was a single woman who was in a long-term relationship and wanted to immerse in accordance with ritual purity laws, but the mikveh attendant in her town refused her entry. After being barred from using several mikvaot, she began to immerse in the sea or in natural springs. The second petitioner was a woman who wished to follow the custom of immersing on the eve of Yom Kippur to mark the sanctity of the holiday. She was turned away after being told by the attendant that the immersion of an unmarried woman is a desecration of holiness and heresy.
Following the initial filing, the Chief Rabbinate issued a directive stating that unmarried women are strictly prohibited from using the mikveh, and that attendants are obligated to prevent them from doing so. In fact, even before this case, an official directive was issued in 1999 instructing attendants to “prevent divorcees, widows, and unmarried women from immersing in the mikveh.”
Opposition to immersion by single women stems from the opinion of the Riva”sh—the medieval Spanish sage Rabbi Issac ben Sheshet—who states that an unmarried woman has no obligation to immerse and attain ritual purity. This is in order to avoid her “causing many to stumble.” Since the Torah does not prohibit a man from engaging in relations with an unmarried woman who has immersed, he was concerned that allowing single women to use the mikveh would lead to behavior that was considered immoral, though not illicit. This opinion has been adopted by many halakhic authorities, resulting in the practice of denying single women the right to immerse.
The arguments presented before the Supreme Court included the following:
- Not all women subscribe to the halakhic perspective of the Riva”sh. Some unmarried women, out of faith and a desire to observe the laws of ritual purity, wish to immerse. They have rabbis (even Orthodox ones!) who support them.
- Some women wish to immerse for spiritual purposes unrelated to sexual relations, such as before Yom Kippur or as preparation for ascending the Temple Mount.
- Sometimes women wish to immerse for purely personal reasons. For example, a single woman might be instructed by a rabbi to immerse as part of a physical or mental health treatment, yet be denied access by the mikveh attendant.
Our primary legal argument in the Supreme Court was based on women’s right to religious freedom. Preventing a woman from immersing in the mikveh denies single women the opportunity to fulfill the mitzvah of immersion in accordance with her religious beliefs and spiritual needs. It constitutes a severe violation of her personal freedom and right to religious expression.
It is important to understand that the role of the state’s religious councils is to provide religious services to those who seek them, regardless of gender, worldview, education, or any other distinction. The Chief Rabbinate lacks the authority to issue directives stating that certain women are not allowed to immerse. State religious councils operate according to the law, and mikvaot are built and maintained with the tax money of the entire population of Israel.
In 2014, the Supreme Court petition was withdrawn after the Chief Rabbinate agreed to amend their guidelines. It issued a new official directive, stating: “Mikveh attendants are prohibited from asking questions about the personal status (i.e. married, single, etc.) of women who come to immerse. Immersion cannot be conditioned upon providing answers to such questions.”
In recent years, more and more women—both married and single—seek to immerse before Yom Kippur. All women have the right to use the mikveh! Beyond the specific issue of mikveh immersion, it is worth noting that state religious institutions and services must do everything in their power to allow every individual to fulfill their religious obligations and follow their conscience, without coercion or restrictions.
Without respect and tolerance for diverse expressions of religious commitment, we cannot foster a society of partnership and peace in 21st-century Israel.
Any woman who wishes to immerse on Yom Kippur eve should inquire whether the women’s mikveh in her area is open, and if not—she may immerse the night before.
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This article originally appeared in Hebrew on Kippa.