Rabbi Elyashiv Bans Braces For Women

Orthodontic braces "disqualify" dip in mikveh because they create a "barrier" between person and the water.

Braces not allowed in ritual bath
Rabbi Yosef Elyashiv's new ruling: Orthodontic braces disqualify dip in mikveh because they create barrier between person, water. This effectively prohibits adult women from straightening their teeth
Ari Galahar • Ynet

A new halachic ruling was made recently by the leader of the Lithuanian faction, Rabbi Yosef Elyashiv, that effectively forbids adult women from seeking orthodontic treatment to straighten their teeth. According to the ruling, braces on one's teeth are considered a "partition" [sic] and therefore disqualify dipping in the ritual bath, also known as a mikveh.

A few weeks ago, an individual approached Rabbi Elyashiv in order to seek advice on whether orthodontic braces are considered to create a partition between women dipping in the mikveh after their menstrual cycle and the water.

After a thorough study of halachic material on the subject, Rabbi Elyashiv responded that braces are indeed a partition between the woman and the water, which must come in contact with every part of the body according to halacha.

The ruling was made despite the fact that dipping in the mikveh is done with a closed mouth, and water would not touch the teeth in any case, braces or not. According to Elyashiv, the halacha also refers to partitions within the body, such that there is no significance to whether or not the teeth are actually being immersed in the water.

The mikveh immersion of a woman with braces would therefore be disqualified, and she would not be able to have sexual relations with her husband, or even to come in any physical contact with him.

A source close to the rabbi noted that even dirt under one's finger nails is considered a partition that would disqualify a mikveh immersion. He also noted that according to halacha, or at least the haredi version, the immersion of a woman who intends to get her hair cut, but immerses goes to the mikveh prior to this, is disqualified because her hair at that point is no longer considered a part of her body.

Orthodontists and dentists in the haredi sector already prepared themselves for the new halachic ruling. One haredi dentists' office already published a notice announcing that removable braces are available to customers at their office. They even offered a special deal for the wives of yeshiva students.

This is one of the more foolish rulings to come out of Rabbi Elyashiv in recent years.

Simply put, traditional bridgework is connected to healthy teeth using metal – meaning the same type of "barrier" is present.

That would mean that women with such bridgework should also be disqualified from immersing if Rabbi Elyashiv's logic is followed to its conclusion.

Yet, for at least 100 years such women have been immersing with the approval of the greatest rabbis in the world.

Past that, there a lots of rulings from major rabbis that go against Rabbi Elyashiv. For example, a woman should not wear contact lenses when immersing but, if she did, after the fact the immersion is valid according to many rabbis.

Contact lenses are removable, at the time these rulings were issued were normally taken out daily (making them less a part of the body, so to speak, than braces), and would not normally come into contact with mikva water, because the eyes are not opened during immersion.

In other words, this seems to be yet another example of overreaching by Rabbi Elyashiv.

Knowing his history, that should come as no surprise to anyone.

Comments

[Shmarya]

I just answered you, Izzy.

[Izzy]

I guess you did. Just wanted confirm that you were not basing your take on the psak ("foolish," "overreaching") on actual halchah. Thanks for confirming.

[Shmarya]

Izzy –

All you're confirming is that you don't know actual halakha.

And, if you were brighter, and if you read with a higher level of comprehension, you'd notice that what I wrote in my post indicates an understanding of the difference between temporary versus long term dental work, etc., and how that effects the halakha.

[Izzy]

You are also able to discern my reading skills and general inteligence. Very impressive indeed! You still have not offered any support that this psak is outside the norm of halacha, just a general discussion of the issues involved.

[Shmarya]

Izzy,

I have. You're just too ill-educated to understand it.

[Izzy]

And my level of education! Is nothing sacred? What's next? My quick wit? Boyish charm? Rugged good looks?

[Shaul in Monsey]

Is there any way he can assur hairy legs and overall skanky personal hygiene among chareidi broads? I believe this is a far more serious issue than teeth and braces, because, I mean, let's be honest, the chareidi broads don't use their mouths the way they should anyway, so its not like the braces are as real a problem as general stankiness.

[PishPosh]

The days are coming, when the nation of Israel will not suffer these false teachers and their straw halachic concerns to keep the money coming in any more. Batty Rabbis like this one need Makos, not Kavod, Cherem, not Chavrusa. These self absorbed self important swine need once and for all to be driven out and the Torah restored to all Israel and the Talmud consigned to the Beit Hakvarot Genizah where all 2000 year old unusuable literature goes. Torah is not Talmud, Rabbinism is not Chochma.

The Mishna is not Hashem.

[Abracadabra]

A Parody

YANKEL: C’mon Chaya Shaindel, it’s bitul z’man! I’m waiting for you for 9 minutes already!!
CHAYA SHAINDEL: But Yankel, I told you already, Maran HaRav Elyashiv said it is usser. I can’t tonight. I have to get my braces removed first.
YANKEL: But Chaya Shaindel, we did it last year when you had braces, and our little Fruma Ruchel was born, and…
CHAYA SHAINDEL: Yankel – isn’t that terrible?!?! You MUST go to Maran HaRav to get a psak about this! Is she a bas niddah?? I’m absolutely terrified!! Don’t tell ANYONE Yankel. Not anyone, no matter what! Otherwise, we will never be able to marry her off!
YANKEL: But my point is, if it was okay last year with the braces, it can be okay now too. I should know, I learn toiyrah yomum volaiyla! Boruch Hashem I don’t succumb to the yetzer hora and avoidah zarah of working and am wholly immersed in toiyrah!
CHAYA SHAINDEL: Yes Yankel, I know you learn all day and every night, and every spare moment, but we know that if Maran HaRav Elyashiv says it, it’s Toiyras Moshe MiSinai. This IS the Emes Toiyrah from Har Sinai, and no matter how difficult, we must follow it.
YANKEL: But how about just for tonight?
CHAYA SHAINDEL: You know, Yankel, we shouldn’t even be TALKING this much since my mikveh visit was not valid because my braces were a chatzitzah. We’re talking too much. We have to stop talking now, it’s just not right.
YANKEL: But…but….
CHAYA SHAINDEL: No more buts – go back to your sefer. I’ll go to the Dental Clinic tomorrow to get my braces removed and it will all be worked out.

Chaya Shaindel calls the local dental clinic first thing in the morning.
An exasperated secretary puts her on hold for 20 minutes, then…
EXASPERATED SECRETARY: What?!
CHAYA SHAINDEL: I need an appointment today to remove my braces.
EXASPERATED SECRETARY: The first appointment I can give you is for 7 and a half months from today on Tuesday the…
CHAYA SHAINDEL: What do you mean?!?! You have NO appointments available for 7 and a half months??!!
EXASPERATED SECRETARY: I told you, after Rav Elyashiv’s psak, every Torah-true woman with braces, implants, caps, crowns, bridges and fillings has made an appointment to get them removed. We’ve been on the phone all day since yesterday making appointments. The other secretary is busy making more appointments as we speak. Do you want this appointment? If not, someone else will take it.
CHAYA SHAINDEL: No! This is ridiculous! I can’t wait that long!! I’ll call another clinic!
EXASPERATED SECRETARY: Okay, suit yourself.

Chaya Shaindel looks through the phone book. She gets a brilliant idea! She will call a dental clinic outside of the Chareidi neighborhood thinking they surely will have an appointment for today! Unfortunately, the earliest appointment they have is for next Thursday. Chaya Shaindel takes it, for lack of anything better.

Tune in next week, when Chaya Shaindel learns the day before her appointment that the Eida Hachareidis has removed the hechsher from all dental clinics where the staff are chas v’shalom mechaleil Shabbos. These dental clinics that hire mechalilei Shabbos can not be trusted to use kosher toothpaste, toiyveled keilim, and water without sheratzim, therefore the Eida Hachareidis will not be machshir them any longer!

Tune in the week after next week, when Chaya Shaindel is visited in the hospital by her sister-in-law after getting a serious infection from a botched attempt to remove her braces at the new shoiymer-shabbos-black-market-dental-clinic.

Tune in after the week after next week, when there are riots in Meah She’arim after police try to shut down several of the new black-market-shoiymer-shabbos-dental-clinics which are removing braces around the clock. The government has asked police to shut these black-market clinics down because numerous women have landed in the hospital with serious infections from using them. Meanwhile, Chaya Shaindel’s brother-in-law, while part of a group that is protesting by removing street lamps from their places in the sidewalk, stops for a moment to explain to a reporter that: “The chiloni police are trying to prevent us from practicing taharas hamishpoche and we will not allow them to get in the way of our kiddushas habayis any longer! Shutting down our kosher dental clinics is religious discrimination!! The police are Nazis!”

[Dr. Dave]

Actually, even though the psak may be wrong we should still have respect for the Rav and his Torah knowledge.

[chief doofis]

Dear Who Knows;

Calling me Reform because the Posek I follow is not R. Eliashiv is an absurdity. I have a Rav who paskens for me. I am also qualified to pasken myself. When I do so, as should anyone who paskens, I look at various opinions. If the Igrot Moshe or the Tzitz Eliezer pasken one way, or my Rav paskens that way, I don't have to concern myself with a new "late breaking" p'sak. I do not pick and choose. Twenty five years in Yeshiva, leading to a bonafide S'micha, allows one to determine which posek to CONTINUALLY follow.

[Chayim]

All said and done you little dwarfs blogging have no credibility except for what you view in the hollywood movies. Our great sages are light years ahead of all of society and they have kept our religion going for 2000 years in Christian Europe as other nationalities faded away or became christians. These grteat sages like the chofets chayim and others like reb Boruch Ber were way ahead of the so called intelligent outside world. When they make a statement they see deeper into situations than meets the eye. Had Jews in Europe not assimilated and not start the reform movement 6 million would still be alive. A Rabbi is like a doctor. A doctor gives advice you follow especially if he is a specialist. A Rabbi tells you something except it. Dont think your pee wee brain is smarter.

[R]

Well then i am screwed, i have a bridge.
The basic halacha is. If it's permanent and permanent being it cannot be removed and will not be removed for a long time it doesn't count as a barrier. If it's a brace that is removeable, then you have to remove it.
It's all pretty straight forward and simple.
I love how these so called gedolim and rabbis are only around trying to see how miserable and hard they can make people's lives instead of trying to find ways to ease the burden. All they will do is push people away. This is not Judaism, this is Rabbism and Rabbis who make these sorts of statements should be demoted to not be able to pasken anymore.

[Yosef ben Matitya]

what happens if her arm is in a cast?
what happens if her neck is in a cast for 3 or 4 months?

[Abracadabra]

Chayim,
You are completely brainwashed. One day, 30 years from now, you will wake up and wonder why you wasted your life and gave your best years to the whims of these mostly power-hungry and mediocre men.
If you are lucky, you will never realize that you are drinking their koolaid, and die happily ignorant.

In the meantime, you write:
"All said and done you little dwarfs blogging have no credibility..."

Well, you are one of us "little dwarfs blogging"! You are here every day, reading all the gossip, all the loshon hora, all our comments, and blogging. Welcome to the club!

[Simon Rose]

What a moron.

Women don't open their mouths in the Mikvah for ritual immersion. Braces don't act a barrier of any kind.

[Joe]

Disagreeing with Rav Elyashiv is one thing, saying some of the things that you people are saying about him, is just plane stupid. and sad. Nebach, the punishment for talking bad about our gedolim. I pity you.

[just saying]

So what happens to the woman with the hip replacement -- or the woman with the screws placed in her arm after an accident... no mikveh for you... so no more mitzva night.. oh well...

now the husband can get a heter meah rabbanim... uncontested divorce.