Commentaire sur Berakhot 2:6

רחץ לילה הראשון שמתה אשתו – And even though a mourner (during Shivah) is prohibited from bathing.

Introduction In yesterday’s mishnah Rabban Gamaliel seemed to act counter to the halakhah when he recited the Shema on the first night of his marriage. The mishnah now proceeds to bring up several other examples where he seems to act counter to the accepted halakhah and then explains his behavior.

אסטניס אני – Cold and frost – from the word “tzinah”/cold – and it would cause pain/suffering if he would not wash and it is only forbidden during the days of his mourning to bathe for pleasure (i.e. swimming, lengthy hot shower).

[Rabban Gamaliel] bathed on the first night after the death of his wife. His disciples said to him: Master, have you not taught us, that a mourner is forbidden to bathe. He replied to them: I am not like other men, I am very delicate. Mourners are not allowed to bathe during the shivah, the first seven days of mourning. Rabban Gamaliel bathes in any case and again his students question his non-halakhic behavior. He answers that he is delicate and will suffer more than a normal person would if he didn’t bathe. [Rabban Gamaliel’s relations to his wife don’t seem to be improving he recited the Shema on their wedding night and didn’t fully observe mourning for her]. The vision of halakhah that comes out of these two mishnayot is interesting. The halakhah is geared toward the majority of people. Most people cannot recite the Shema with intention on the first night of their marriage and therefore they are exempt. Most people can live without bathing for a week and therefore, as a sign of mourning, bathing is forbidden. But an individual who does not fit these norms can deviate from them, as does Rabban Gamaliel.