QUESTION: Is the mitzvah of Tevilas Keilim a Biblical mitzvah or a Rabbinic mitzvah?

ANSWER: Most Rishonim consider tevilas keilim to be a Biblical mitzvah, based on the verses in Bamidbar (31:22-23). A noted exception is the Rambam (Hil. Ma’achalos Assuros 17:5) who implies that the mitzvah is Rabbinic, though there is considerable discussion as to his true intent. It is clear from Shulchan Aruch (YD 120:14) that we follow the majority ruling that tevilas keilim is a mitzvah in the Torah.

However, the Yeshuos Yaakov (YD 120:1) writes that although tevilas keilim is a mitzvah in the Torah, the prohibition of using a utensil that has not been toveled is Rabbinic. This is also the opinion of the Mishnah Berurah (Beiur Halacha 323, s.v. Mutar). The Minchas Yitzchok (1:44) suggests that there is perhaps a difference between the owner of the utensil, who has the obligation to tovel the utensil, and a guest who is borrowing it. The owner himself has a Torah obligation to tovel the utensil, and if he uses it without tevila he is violating a Biblical mitzvah. However, one who borrows the utensil does not have this mitzvah, and for him it is only a Rabbinic prohibition not to use it.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.