Bots, Bureaucrats, Interface administrators, Suppressors, Administrators, wiki-admin, wiki-controller, wiki-editor, wiki-reader
1,248
edits
Mikvaot: Difference between revisions
From Halachipedia
→Creation of a Mikveh through Something Susceptible to Tumah
| Line 321: | Line 321: | ||
==Creation of a Mikveh through Something Susceptible to Tumah== | ==Creation of a Mikveh through Something Susceptible to Tumah== | ||
# A mikveh may not be created by the use of something that is susceptible to tumah otherwise it is invalid.<Ref>Mishna Mikvaot 6:4, Zevachim 25b, Shulchan Aruch 201:48. The Bet Yosef 201:48 explains that in fact the entire concept that if there’s something susceptible to tumah in the creation of the mikveh it is invalid is only the opinion of the Rash and Rosh but the Rambam completely disagrees. We follow the Rash and Rosh.</ref> This invalidation is biblical.<Ref>Rash Mikvaot 2:3, Chatom Sofer 199:5, and Chazon Ish (Mikvaot 3:17) hold it is biblical since it is learned from a pasuk. Chelkat Binyamin 201:679 agrees. However, Ritva (Bava Batra 66a s.v. vha) seems to understand that this biblical derivation only applies to kelim but not anything which is susceptible to tumah such as a person.</ref> | # A mikveh may not be created by the use of something that is susceptible to tumah otherwise it is invalid.<Ref>Mishna Mikvaot 6:4, Zevachim 25b, Shulchan Aruch 201:48. The Bet Yosef 201:48 explains that in fact the entire concept that if there’s something susceptible to tumah in the creation of the mikveh it is invalid is only the opinion of the Rash and Rosh but the Rambam completely disagrees. We follow the Rash and Rosh.</ref> This invalidation is biblical.<Ref>Rash Mikvaot 2:3, Chatom Sofer 199:5, and Chazon Ish (Mikvaot 3:17) hold it is biblical since it is learned from a pasuk. Chelkat Binyamin 201:679 agrees. However, Ritva (Bava Batra 66a s.v. vha) seems to understand that this biblical derivation only applies to kelim but not anything which is susceptible to tumah such as a person. | ||
* Not all rishonim agree that this is a pasul at all for mikveh. Mordechai (Shevuot 746, cited by Bet Yosef 201:48) quoting Yereyim and Rabbenu Shmuel writes that the derivation of Zevachim 25b only applies to a mayan but not a mikveh. Mishna Achrona (Parah 6:4) adds that Rambam add holds like this. See also Lechem Vsimla (201:16:5 s.v. harambam).</ref> | |||
# If the mikveh that was created with something that is susceptible to tumah and is invalid is connected to a mayan it is fixed and made valid again.<ref>The Rosh Mikvaot n. 12 writes that hashaka works for a mayan to be connected a mikveh and transform it into a kosher one. Specifically he says that it can remove the invalidation of being created with something susceptible to tumah. The Bet Yosef 201:49 infers from the Rashba 3:228 that it is ineffective. Shulchan Aruch 201:49 follows the Rosh. Shach 201:105 arguing with the Hagahot Perisha in fact states that this connection only needs to be temporary in order to validate the mikveh.</ref> | # If the mikveh that was created with something that is susceptible to tumah and is invalid is connected to a mayan it is fixed and made valid again.<ref>The Rosh Mikvaot n. 12 writes that hashaka works for a mayan to be connected a mikveh and transform it into a kosher one. Specifically he says that it can remove the invalidation of being created with something susceptible to tumah. The Bet Yosef 201:49 infers from the Rashba 3:228 that it is ineffective. Shulchan Aruch 201:49 follows the Rosh. Shach 201:105 arguing with the Hagahot Perisha in fact states that this connection only needs to be temporary in order to validate the mikveh.</ref> | ||
# A flat wooden board without edges that is used to direct water into a mikveh if the water would have flowed that way anyway it is valid, if not, some poskim say it is valid and others hold it is invalid.<ref>The Rosh Mikvaot n. 5 writes that if a board without edges is used to direct water into a mikveh it is valid if the water would have entered anyway, otherwise it is invalid because the mikveh was created by use of something that is susceptible to tumah (Mikvaot 5:5). The Bet Yosef 201:35 suggests that either the case is where the wooden board is susceptible to tumah since it used to have an edge and that edge was removed or that since flat wooden vessels are rabbinically susceptible to tumah that invalidates the mikveh. The Taz 201:43 and Shach 201:76 offer another answer such that the flat wooden board is designated for a use making it susceptible to tumah. They disagree with the concept of the Bet Yosef that vessels that are rabbinically susceptible to tumah invalidate the mikveh. However, the Chazon Ish Mikvaot 7:5 agrees with the Bet Yosef that we’re strict about something that is rabbinically susceptible to tumah. Chelkat Binyamin 201:511 cites the two approaches.</ref> The poskim are only strict if the wooden board was used to service people and utensils such as a tray, table, and bed board.<ref> | # A flat wooden board without edges that is used to direct water into a mikveh if the water would have flowed that way anyway it is valid, if not, some poskim say it is valid and others hold it is invalid.<ref>The Rosh Mikvaot n. 5 writes that if a board without edges is used to direct water into a mikveh it is valid if the water would have entered anyway, otherwise it is invalid because the mikveh was created by use of something that is susceptible to tumah (Mikvaot 5:5). The Bet Yosef 201:35 suggests that either the case is where the wooden board is susceptible to tumah since it used to have an edge and that edge was removed or that since flat wooden vessels are rabbinically susceptible to tumah that invalidates the mikveh. The Taz 201:43 and Shach 201:76 offer another answer such that the flat wooden board is designated for a use making it susceptible to tumah. They disagree with the concept of the Bet Yosef that vessels that are rabbinically susceptible to tumah invalidate the mikveh. However, the Chazon Ish Mikvaot 7:5 agrees with the Bet Yosef that we’re strict about something that is rabbinically susceptible to tumah. Chelkat Binyamin 201:511 cites the two approaches.</ref> The poskim are only strict if the wooden board was used to service people and utensils such as a tray, table, and bed board.<ref> | ||
