Question:
Can a baal keri tie tefilin, read from sefer torah and even kiss it when he has not gone to the mikveh?
References on the leniency and stringency would be much appreciated.
Answer:
Halachically a bal Keri may put on teffilin , get an aliya, and kiss the sefer torah even if he has not gone to the mikvah. The reason for this is because the takana of Ezra was botil, because it is too hard therefore it is permitted. There are however there are Rishonim that hold that one should go to the mikvah and make himself tahor before davening or learning. Therefore there is a strong preference to go to the mikvah beforehand. However the person should be careful not to miss zman kriyas shema, zman teffilah. Regarding tefilah b’tzibur, the Mishna Berura paskens that one should not miss teffilah b’tzibbur in order to go to the mikvah, (however there are others that argue). The same applies that if there will be a certain bracha that the person will not be able to say after the mikvah, i.e. asher yatzar, because he will need to use the bathroom again, or he needs to learn now, he should say them beforehand. The
Sources:
O:CH 86-1, M:B ibid 2, 4, Eshel Avrohom ( Butsatch), Minchas Yitzchok LIkutei Teshuvos -10, Teshuvos Vhanhagos 1-109
