QUESTION

Canada

Newly purchased water urn – do you hold that it’s patur from tevilah because it’s mechubar lakarkah (and maybe will get ruined by tevilah? not sure the metziut) or that it requires tevilah as per Rav Moshe? See the picture for reference.

ANSWER

I think you don’t need to do tevilah based on the combination of the following 3 reasons (any 2 would really suffice):

1. Mechubar argument – only works when plugged in.
2. Factory made – there is a question if that requires tevilah – was it really considered to be made by a non-Jew, especially if the factory is not a private business? We are not normally chosheish for this, or we would never make a berakhah on tevilah. It is a limud zekhut for those who don’t do tevilat keilim, and something to be someikh on when eating at someone’s house who you suspect doesn’t do tevilat keilim, in addition to the Rishonim who question if there is an issur to use the keli before tevilah, and the general assumption that if there is an issur to use it, it is only derabanan.
3. Would get ruined – so not ראוי לטבילה.

If you feel confident that it won’t get ruined, and feel you should do it and don’t want to rely on points 1&2, then do it. I would say with a berakhah, since by doing it you and willing to risk it getting ruined, you are basically saying that you don’t go by the mechubar argument.

FOLLOW-UP QUESTION

Are we chosheish for the position of the Shemirat Shabbat KeHilkhatah 1:46 to not use one with a spout on the bottom for fear that the water will go below and you will be tempted to refill on Shabbat?

ANSWER

I don’t believe that nowadays there is a concern that bringing it down to empty would damage it, and it is quite rare that you would get it so low, regardless, so I do not think this is a problem.