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Mikvaot: Difference between revisions
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→3 Lug of Drawn Water
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# If less than 3 lug of drawn water fall into a mikveh that is lacking 40 seah the mikveh is nonetheless invalid until the more rainwater is added to complete the 40 seah and the drawn water doesn’t contribute to the measure of 40 seah.<ref> | # If less than 3 lug of drawn water fall into a mikveh that is lacking 40 seah the mikveh is nonetheless invalid until the more rainwater is added to complete the 40 seah and the drawn water doesn’t contribute to the measure of 40 seah.<ref> | ||
* Tosefta Mikvaot 1:7 (Sukermandel) states that if less than 3 lug of drawn water fall into a mikveh lacking 40 seah it is still possible to use it for a mikveh if more rainwater is added. | * Tosefta Mikvaot 1:7 (Sukermandel) states that if less than 3 lug of drawn water fall into a mikveh lacking 40 seah it is still possible to use it for a mikveh if more rainwater is added. | ||
* Tosefta Mikvaot 1:12 states that if a mikveh has a little less than 40 seah and less than 3 lug of drawn water are added the mikveh is valid once that amount of rainwater that was lacking originally is added. Therefore, the Rashba (Torat Habayit ch. 6) writes that less than 3 lug of drawn water doesn’t contribute to the measure of the water but doesn’t invalidate the mikveh either. Rash Mikvaot 1:5, Tur 201:39 and Shulchan Aruch 201:22 follow the Rashba. Shach 201:59 agree. | * Tosefta Mikvaot 1:12 states that if a mikveh has a little less than 40 seah and less than 3 lug of drawn water are added the mikveh is valid once that amount of rainwater that was lacking originally is added. Therefore, the [https://beta.hebrewbooks.org/reader/reader.aspx?sfid=9023#p=102 Rashba (Torat Habayit ch. 6)] writes that less than 3 lug of drawn water doesn’t contribute to the measure of the water but doesn’t invalidate the mikveh either. Rash Mikvaot 1:5, Tur 201:39 and Shulchan Aruch 201:22 follow the Rashba. Shach 201:59 agree. | ||
* Teshuvat Rid 62 s.v. adoni harav ani writes that if there’s a mikveh of 40 seah lacking a bit that is completed with drawn water it is unfit. The drawn water doesn’t complete the mikveh and it is like fruit juice which doesn’t count for the mikveh at all. Since the measure of 40 seah is biblical unless there’s 40 seah the drawn water that falls into it isn’t nullified. His conclusion that it is biblically invalid but he is writing to his teacher who thought it was only rabbinically invalid since there is nullification. | * Teshuvat Rid 62 s.v. adoni harav ani writes that if there’s a mikveh of 40 seah lacking a bit that is completed with drawn water it is unfit. The drawn water doesn’t complete the mikveh and it is like fruit juice which doesn’t count for the mikveh at all. Since the measure of 40 seah is biblical unless there’s 40 seah the drawn water that falls into it isn’t nullified. His conclusion that it is biblically invalid but he is writing to his teacher who thought it was only rabbinically invalid since there is nullification. | ||
* However, the Rambam Mikvaot 5:9 had a text in Tosefta 1:7 that read that it is invalid. His opinion is that if the less than 3 lug of drawn water added was tameh then it invalidates the mikveh unless it is added before 20 seah of rainwater was added to the mikveh or it is added when there’s a little less than 40 seah of rainwater was added to the mikveh. If it is added before 20 seah then the other 20 seah nullifies the tameh drawn water and the mikveh is valid. If it is added after there’s already 40 seah minus a bit it is considered a nearly complete mikveh that isn’t invalidated with tameh water. See Bet Yosef 201:22 for explanation of the Rambam. Raavad disagrees with Rambam.</ref> It doesn’t matter whether the drawn water is added in the beginning or at the end as long as the mikveh is lacking 40 seah.<ref>Bach 201:27 holds that drawn water doesn’t count towards the 40 seah at all whether it is added in the middle or at the end. Shach 201:58 and Chelkat Binyamin 201:338 agree. Avnei Nezer YD 177 argues that perhaps if the invalid water enters earlier than the last bit of the mikveh it also helps complete the mikveh. [His proof is from Rash Mikvaot 3:1. Teshuvat Rid 62 might agree.] In conclusion he isn’t lenient.</ref> | * However, the Rambam Mikvaot 5:9 had a text in Tosefta 1:7 that read that it is invalid. His opinion is that if the less than 3 lug of drawn water added was tameh then it invalidates the mikveh unless it is added before 20 seah of rainwater was added to the mikveh or it is added when there’s a little less than 40 seah of rainwater was added to the mikveh. If it is added before 20 seah then the other 20 seah nullifies the tameh drawn water and the mikveh is valid. If it is added after there’s already 40 seah minus a bit it is considered a nearly complete mikveh that isn’t invalidated with tameh water. See Bet Yosef 201:22 for explanation of the Rambam. Raavad disagrees with Rambam.</ref> It doesn’t matter whether the drawn water is added in the beginning or at the end as long as the mikveh is lacking 40 seah.<ref>Bach 201:27 holds that drawn water doesn’t count towards the 40 seah at all whether it is added in the middle or at the end. Shach 201:58 and Chelkat Binyamin 201:338 agree. Avnei Nezer YD 177 argues that perhaps if the invalid water enters earlier than the last bit of the mikveh it also helps complete the mikveh. [His proof is from Rash Mikvaot 3:1. Teshuvat Rid 62 might agree.] In conclusion he isn’t lenient.</ref> | ||
===Which Water Invalidates the Mikveh=== | ===Which Water Invalidates the Mikveh=== | ||
# Three lug of drawn water only invalidates the mikveh if it is a complete 3 lug or more and it looks like water. Less than 3 lug of drawn water together with some milk that fell into a lacking mikveh doesn’t invalid it. Water mixed with red<ref>Taz 201:33 makes the point that only red wine has a different color than water but not white wine.</ref> wine that looks like wine doesn’t invalidate the lacking mikveh even if more than 3 lug entered.<ref>Mishna Mikvaot 7:5 records a dispute between the Rabbis and Rabbi Yochanan Ben Nuri whether we only view the color of the water or also its measure. The Rosh Hilchot Mikvaot n. 20 rules like the Rabbis that it depends both on color and measure. The Rambam Hilchot Mikvaot 7:10-11, Raavad Baalei Hanefesh p. 94, and Tur 201:23 agree. Shulchan Aruch YD 201:23 codifies this Mishna.</ref> | # Three lug of drawn water only invalidates the mikveh if it is a complete 3 lug or more and it looks like water. Less than 3 lug of drawn water together with some milk that fell into a lacking mikveh doesn’t invalid it. Water mixed with red<ref>Taz 201:33 makes the point that only red wine has a different color than water but not white wine.</ref> wine that looks like wine doesn’t invalidate the lacking mikveh even if more than 3 lug entered.<ref>Mishna Mikvaot 7:5 records a dispute between the Rabbis and Rabbi Yochanan Ben Nuri whether we only view the color of the water or also its measure. The Rosh Hilchot Mikvaot n. 20 rules like the Rabbis that it depends both on color and measure. The Rambam Hilchot Mikvaot 7:10-11, Raavad Baalei Hanefesh p. 94, and Tur 201:23 agree. Shulchan Aruch YD 201:23 codifies this Mishna.</ref> | ||
