Bots, Bureaucrats, Interface administrators, Suppressors, Administrators, wiki-admin, wiki-controller, wiki-editor, wiki-reader
1,266
edits
Mikvaot: Difference between revisions
From Halachipedia
→Intention
| Line 116: | Line 116: | ||
# 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. 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 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. | ||
* Rashi Shabbat 16b who holds that your daat needs to be clear to others is a big chidush. Daat is relevant to sheuvim so that it is considered bdei adam, but why should it need to be clear to others? Sfat Emet Shabbat 16b calls it a dochak but doesn’t explain it. Rabbi Yehuda (Mishna Machshirin 3:6 and Mishna Parah 2:4) holds you need to have a maaseh to be megaleh your daat for your daat to count. Rabbis hold that daat without maaseh is daat. | |||
* 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> | ||
| Line 124: | Line 126: | ||
# If a container that held cement was placed in a pit for construction and forgotten there and rainwater collected inside it can be broken in its spot and the water isn’t sheuvim. If they are picked up or pushed over the water is sheuvim.<ref> The Rosh Mikvaot 2:8 writes that unlike the case of the jugs that were left out to dry in the case where they were brought there not to collect water at all and can be knocked over, the case of where a container initially held cement is considered partially that there is involvement of a person in having the container hold water. Therefore, in the case of the jugs drying they can be pushed over but in the case of a container used for holding cement that was forgotten in the pit can not be pushed over. Taz 201:52 and Shach 201:95 agree. The Bet Yosef 201:42 infers from the Rosh and Rambam that the container placed in the pit for construction can only be broken to have the water contribute to the mikveh if it are surrounded by water. He reasons that it is considered more of an involvement of a person than in the case of a jug left on the roof to dry. Taz 201:94 agrees. Shulchan Aruch YD 201:43 codifies the explanation of the Rosh.</ref> | # If a container that held cement was placed in a pit for construction and forgotten there and rainwater collected inside it can be broken in its spot and the water isn’t sheuvim. If they are picked up or pushed over the water is sheuvim.<ref> The Rosh Mikvaot 2:8 writes that unlike the case of the jugs that were left out to dry in the case where they were brought there not to collect water at all and can be knocked over, the case of where a container initially held cement is considered partially that there is involvement of a person in having the container hold water. Therefore, in the case of the jugs drying they can be pushed over but in the case of a container used for holding cement that was forgotten in the pit can not be pushed over. Taz 201:52 and Shach 201:95 agree. The Bet Yosef 201:42 infers from the Rosh and Rambam that the container placed in the pit for construction can only be broken to have the water contribute to the mikveh if it are surrounded by water. He reasons that it is considered more of an involvement of a person than in the case of a jug left on the roof to dry. Taz 201:94 agrees. Shulchan Aruch YD 201:43 codifies the explanation of the Rosh.</ref> | ||
# If porous jugs were placed in a pit with water in it in order that the walls of the jugs become cleansed and water entered into the jugs they can be broken but not pushed over.<ref>Mishna Mikvaot 2:9. The Bet Yosef 201:43 infers that the jugs can only be broken but not pushed over since the jugs were placed there to accept water and is considered more of an intention of collecting water unlike jugs left to dry. Shulchan Aruch YD 201:43 codifies this Mishna.</ref> | # If porous jugs were placed in a pit with water in it in order that the walls of the jugs become cleansed and water entered into the jugs they can be broken but not pushed over.<ref>Mishna Mikvaot 2:9. The Bet Yosef 201:43 infers that the jugs can only be broken but not pushed over since the jugs were placed there to accept water and is considered more of an intention of collecting water unlike jugs left to dry. Shulchan Aruch YD 201:43 codifies this Mishna.</ref> | ||
===What is a Vessel for Sheuvim=== | ===What is a Vessel for Sheuvim=== | ||
