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Mikvaot: Difference between revisions
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→Sheuvim
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==Sheuvim== | ==Sheuvim== | ||
# If the entirety of the mikveh or a majority of it is sheuvim (drawn water) it is invalid. Some poskim hold that it is biblically invalid<ref>Rabbenu Tam (Tosfot Pesachim 17b, Bava Batra 66a s.v. leolam), Rashbam Bava Batra 66a s.v. leolam, Rashi Pesachim 16a s.v. yeheyeh (as understood by Teshuvot Rid 1), Tur 201:3 quoting the Rosh, Rama Y.D. 201:3</ref> and others hold that it is only rabbinically invalid.<ref>Ri (Tosfot Pesachim 17b s.v. elah), Rambam Mikvaot 4:2, Ramban (Bava Batra | # If the entirety of the mikveh or a majority of it is sheuvim (drawn water) it is invalid. Some poskim hold that it is biblically invalid<ref>Rabbenu Tam (Tosfot Pesachim 17b, Bava Batra 66a s.v. leolam), Rashbam (Bava Batra 66a s.v. leolam), Rashi Pesachim 16a s.v. yeheyeh (as understood by Teshuvot Rid 1), Tur 201:3 quoting the Rosh, Rama Y.D. 201:3</ref> and others hold that it is only rabbinically invalid.<ref>Ri (Tosfot Pesachim 17b s.v. elah), Rambam Mikvaot 4:2, Ramban (Bava Batra 66b s.v. shani) explaining the Rif and Geonim</ref> | ||
##Some rishonim think that it is biblically invalid if it is filled up with water that was drawn with a kli that are susceptible to tumah and only rabbinically invalid if it is filled up with water that was drawn in a kli that isn’t susceptible to tumah.<ref>Rash Mikavot 2:3. Shaarei Mikavot (Shaar Hatziyun 4) writes that the Lechem Vsimla think that the Rash retracted at the end, while the Radvaz and Minchat Yitzchak hold that the Rash didn’t retract.</ref> | |||
##Some rishonim think that if it was filled up intentionally a person it is biblically invalid, but if it was filled in kelim by themselves it is only invalid rabbinically.<ref>Raavad cited by Ramban (Bava Batra 66b s.v. shani)</ref> | |||
# Ashkenazim hold that it is a biblical invalidation, while Sephardim hold it is only rabbinic.<Ref>Rama 201:3 writes that sheuvim is biblical. The Shulchan Aruch 201:53 implies that it is only rabbinic. The Divrei Yosef p. 398 writes that this is the opinion of Shulchan Aruch. Shaarei Mikvaot 201:18 agrees. Chelkat Binyamin 201:920 writes that it is a dispute between the Shach and Taz whether Shulchan Aruch holds that it is biblical or rabbinic. </ref> | # Ashkenazim hold that it is a biblical invalidation, while Sephardim hold it is only rabbinic.<Ref>Rama 201:3 writes that sheuvim is biblical. The Shulchan Aruch 201:53 implies that it is only rabbinic. The Divrei Yosef p. 398 writes that this is the opinion of Shulchan Aruch. Shaarei Mikvaot 201:18 agrees. Chelkat Binyamin 201:920 writes that it is a dispute between the Shach and Taz whether Shulchan Aruch holds that it is biblical or rabbinic. </ref> | ||
===Intention=== | ===Intention=== | ||
# Water in a vessel is only considered drawn if it was gathered in the vessel intentionally.<ref>Mishna Mikvaot 4:1, Tur and Shulchan Aruch YD 201:34</ref> | # Water in a vessel is only considered drawn if it was gathered in the vessel intentionally.<ref>Mishna Mikvaot 4:1, Tur and Shulchan Aruch YD 201:34. See Raavad (cited by Ramban b"b 66b s.v. shani) who holds that water emptied from a kli to a mikveh by itself is also invalid rabbinically.</ref> | ||
# Water that entered a vessel without the owner realizing isn’t considered sheuvim. If a person left a vessel under a gutter to collect water when it was cloudy then the water collected in the vessel is sheuvim. If the vessel is placed there when it is sunny or when it was cloudy but afterwards the clouds cleared and then it rained, the water insider isn’t sheuvim.<ref> The Gemara Shabbat 16b states that everyone agrees if the vessel was placed outside when it was cloudy that the rainwater it collects is sheuvim, but if the vessel was placed when it was sunny it isn’t sheuvim. There’s a dispute when the vessel was placed when it was cloudy but then the clouds cleared and returned before it rained. The Tur and Shulchan Aruch 201:41 rule that this gemara is relevant to someone who puts a vessel underneath a gutter or just generally in a courtyard outside to collect rainwater. The Rambam Mikvaot 4:4, however, understood it is only relevant to collecting water of a vessel in the field and not under the gutter. A vessel under a gutter is always considered set up to collect water which would create sheuvim. Chelkat Binyamin 201:608 is strict for Rambam.</ref> | # Water that entered a vessel without the owner realizing isn’t considered sheuvim. If a person left a vessel under a gutter to collect water when it was cloudy then the water collected in the vessel is sheuvim. If the vessel is placed there when it is sunny or when it was cloudy but afterwards the clouds cleared and then it rained, the water insider isn’t sheuvim.<ref> The Gemara Shabbat 16b states that everyone agrees if the vessel was placed outside when it was cloudy that the rainwater it collects is sheuvim, but if the vessel was placed when it was sunny it isn’t sheuvim. There’s a dispute when the vessel was placed when it was cloudy but then the clouds cleared and returned before it rained. The Tur and Shulchan Aruch 201:41 rule that this gemara is relevant to someone who puts a vessel underneath a gutter or just generally in a courtyard outside to collect rainwater. The Rambam Mikvaot 4:4, however, understood it is only relevant to collecting water of a vessel in the field and not under the gutter. A vessel under a gutter is always considered set up to collect water which would create sheuvim. Chelkat Binyamin 201:608 is strict for Rambam.</ref> | ||
# When drawing water out of a mikveh and there’s a concern that some of the water will fall back into the mikveh as one is drawing out the water such that 3 lug of drawn water might fall into the mikveh that is lacking and invalidate it. In such a case unless all of the water is removed, if there’s 3 lug of water left it would invalidate the mikveh made on top of it. To avoid this concern one can either draw out the water with a vessel that has a hole of any size such that it couldn’t hold water or empty the mikveh and make sure it is dry before refilling it.<ref>Rosh responsa 30:4 writes that in order to avoiding the mikveh becoming invalid as water is drawn from it, one should let it completely dry or use a vessel with a hole of any size. Mordechai Shavuot n. 746, Rashba Torat Habayit Shaar Hamayim ch. 11, Smak 294, and Rabbenu Yerucham 26:5 agree. Shulchan Aruch 201:40 codifies this practice.</ref> | # When drawing water out of a mikveh and there’s a concern that some of the water will fall back into the mikveh as one is drawing out the water such that 3 lug of drawn water might fall into the mikveh that is lacking and invalidate it. In such a case unless all of the water is removed, if there’s 3 lug of water left it would invalidate the mikveh made on top of it. To avoid this concern one can either draw out the water with a vessel that has a hole of any size such that it couldn’t hold water or empty the mikveh and make sure it is dry before refilling it.<ref>Rosh responsa 30:4 writes that in order to avoiding the mikveh becoming invalid as water is drawn from it, one should let it completely dry or use a vessel with a hole of any size. Mordechai Shavuot n. 746, Rashba Torat Habayit Shaar Hamayim ch. 11, Smak 294, and Rabbenu Yerucham 26:5 agree. Shulchan Aruch 201:40 codifies this practice.</ref> | ||
