|
|
| Line 70: |
Line 70: |
| * Mishna Mikvaot 7:6 says that according to Rabbi Yehuda the water on a person’s body while his feet are in the mikveh are connected to the mikveh. The case is clearly where his body is out of the water and feet are in the mikveh and presumably it is stairs or a shallow area. | | * Mishna Mikvaot 7:6 says that according to Rabbi Yehuda the water on a person’s body while his feet are in the mikveh are connected to the mikveh. The case is clearly where his body is out of the water and feet are in the mikveh and presumably it is stairs or a shallow area. |
| * The Divrei Chaim 2:97 writes that the stairs aren’t connected with the mikveh and one may not be tovel there. Chelkat Yakov YD 111 writes that the Divrei Chaim is completely contradicted by Shulchan Aruch. He writes that perhaps the Divrei Chaim only meant to be strict if the stairs are slanted towards the inside of the mikveh so that no water could remain on them unless the mikveh was full. Either way he thinks the Divrei Chaim is totally wrong. He ends by quoting a testimony that the Divrei Chaim retracted before he died.</ref> According to those who think that the stairs aren’t connected with the mikveh one should avoid having the hashaka hole on the stairs.<ref>Betzel Chachma 3:80:3</ref> | | * The Divrei Chaim 2:97 writes that the stairs aren’t connected with the mikveh and one may not be tovel there. Chelkat Yakov YD 111 writes that the Divrei Chaim is completely contradicted by Shulchan Aruch. He writes that perhaps the Divrei Chaim only meant to be strict if the stairs are slanted towards the inside of the mikveh so that no water could remain on them unless the mikveh was full. Either way he thinks the Divrei Chaim is totally wrong. He ends by quoting a testimony that the Divrei Chaim retracted before he died.</ref> According to those who think that the stairs aren’t connected with the mikveh one should avoid having the hashaka hole on the stairs.<ref>Betzel Chachma 3:80:3</ref> |
|
| |
| ==Spring Water Disconnected from the Spring==
| |
| # Water that was dribbling down a mountain is considered like a mikveh and not a spring unless it flows continuously.<ref>Rambam Pirush Mishnayot Mikvaot 5:5, Shulchan Aruch YD 201:13. The Shaarei Mikvaot 201:66 cites the Maharik who holds that the Rambam holds that spring water which is broken from the spring is still treated like a spring explains this Rambam Pirush Mishnayot. He says that water which was flowing and reached a mikveh pool as a spring is considered a spring even if the stream is interrupted, however, an interrupted stream of a spring that didn’t reach a mikveh isn’t considered anything but a mikveh and not a spring. </ref>
| |
| # Water that was dribbling down a mountain and was drawn together so that it should flow using a cane or anything else that is susceptible to tumah is invalid for a mikveh.<ref> Rambam Pirush Mishnayot Mikvaot 5:5, Shulchan Aruch YD 201:14</ref>
| |
| # If a mikveh is created with something that is susceptible to tumah even rabbinic tumah is considered invalid as a mikveh.<ref>Rambam Pirush Mishnayot 5:5 explains that Rabbi Yosi holds that even something which is susceptible to rabbinic tumah causes the mikveh to be invalid if it is used to create the mikveh. We follow Rabbi Yosi. Shulchan Aruch 201:14 accepts the Rambam. See Shach 201:104 that after the fact the mikveh would be valid.</ref>
| |
|
| |
| ===Spring Water that Stopped Moved or Was Interrupted===
| |
| # A spring that flowed into a mikveh, whether it was filled up originally or not, is considered like a spring.<ref>Mishna Mikvaot 5:1 establishes that a spring which flowed into a pool and was stopped has a status of a mikveh. The Tur 201:10 infers that if it wasn’t interrupted it is considered like a spring. Shulchan Aruch 201:10 agrees.</ref>
| |
| # If the water streaming from a spring was interrupted it isn’t considered like a spring instead it is like a mikveh and invalid if it is moving.<Ref>The Bet Yosef 201:10 writes that it seems from the Rosh and Rash that if the pool was originally empty and was filled with spring water it is considered like a spring even when the stream from the spring to the pool is interrupted. He suggests this possibility in the Rambam Mikvaot 9:9 as does the Maharik 156 but he points out that the Rambam Pirush Mishnayot doesn’t sound like this. In any event, the Raavad (cited by the Bet Yosef 201:10) and [https://beta.hebrewbooks.org/reader/reader.aspx?sfid=9023#p=118 Rashba (Torat Habayit Shaar Hamayim 11)] hold explicitly that if the water from the spring was interrupted it is considered like a mikveh completely. The Shulchan Aruch 201:10 rules like the Raavad and Rashba. Shach 201:29, Chatom Sofer 209, and Hagahot Perisha 201:21 accept this approach. With respect to the Hagahot Perisha’s proof the Shach 201:34 and Taz 201:23 disagree.</ref>
| |
| # If drawn water was added to a spring it is valid even if there is a majority of spring water. However, if there is a majority of drawn water it is only fit while it is still and not moving.<ref>Mishna Mikvaot 1:7, Rashba (Shaar Hamayim ch. 11), Shulchan Aruch and Rama 201:11. Shach 201:33 explains that the reason that it is only effective when it is stopped is because the drawn water isn’t converted into spring water and is only effective when stopped. </ref>
| |
|
| |
| ===Spring Flooded with Rainwater===
| |
| # If in a mayan there is a majority of rainwater compared to the springwater it is unfit if it is moving.<ref>
| |
| * The Trumat Hadeshen 254 is bothered why a mikveh can transform sheuvim but a mayan doesn’t change moving rainwater isn’t mayan water. He explains that generally there’s no such thing as transforming water because it was mixed. For sheuvim when water is put in the mikveh it is like it is being reattached to the ground and that is the mechanism how it is transformed. Chazon Ish YD Mikvaot 3:2:16 explains the Trumat Hadeshen to mean that hashaka is invalid for zochlin since that is a biblical law that limits the leniency of moving water to where it naturally moved and not rainwater that was added to a river. The only exception to that is that actual spot of the spring which has a greater power to transform the rainwater and it is as though the spring grew.
| |
| * Some question the Trumat Hadeshen’s limitation of Hashaka (connecting invalid water to a mayan) with three precedents (Mikveh Tahara 201:10).
| |
| ** Rashba (Shaar Hamayim 11 40a) writes that connecting a mikveh to a mayan purifies it of its invalidation of the water changing colors even if the mayan doesn’t actually make the mayan change back to regular water. Shulchan Aruch 201:28 cites this.
| |
| ** Rashba ibid. also says that connecting an invalid mikveh to a mayan makes it valid if the mikveh was sheuvim. Shulchan Aruch 201:11 cites this.
| |
| ** Rosh Mikvaot n. 12 writes that a mikveh that was made with something that was susceptible to tumah is invalid but can be fixed by connected it to a mayan. Shulchan Aruch 201:49 cites this.
| |
| * The Bach 201:5 answers that since the invalidation of zochlin is biblical and sheuvim is rabbinic they allowed hashaka for sheuvim. The Ritva Nedarim 13b also answers this question that way.
| |
| * The Taz 201:3 disagrees with the Trumat Hadeshen’s premise and instead concludes that really a mayan can transform rainwater into mayan water but there’s a rabbinic restriction lest a person go to the mikveh that’s completely rainwater and is moving. Knesset Hagedola 201:1 and Gidulei Tahara 201:6 also assume this way that even if there’s a majority of rainwater in a river it is biblically kosher. Shaarei Mikvaot p. 7 writes that the achronim don’t accept the Taz.</ref>
| |
| # There is a dispute if a majority of rainwater invalidates a spring if that rainwater was added directly into the original pit of the spring. One should strict about such a case. <ref>The Mishna Mikvaot 5:3 establishes that a mayan which was filled with a majority of rainwater has the status of a mikveh and is only fit if it isn’t moving. Rav (Nedarim 40b) is concerned that the same is true of every river. On this topic there are several approaches explained by the Ran Nedarim 40b and Bet Yosef 201:2:
| |
| * Raavad Mikvaot 9:11 explains that if the river was moving when a majority of rainwater entered it is still fit. However, in the areas of the river which increased because of the rainwater are unfit.
| |
| * Maharik 115 explains that the majority of rainwater is only fit if that area of the river was originally moving when the rainwater entered. This is accepted by the Shach 201:11.
| |
| * Rambam Mikvaot 9:11 explains that the majority of the rainwater makes the whole river unfit if it entered the river or spring anywhere besides the original pit of the spring. Shulchan Aruch 201:2 accepts the Rambam. The Kesef Mishna 9:11 and Bet Yosef 201:15 explain that the Rambam would validate a majority of rainwater that entering the river in any part that was originally moving just like if rainwater entered the original pit of the spring. Shaarei Mikvaot 201:7 writes that the Shulchan Aruch follows this opinion since he quoted the opinion of the Rambam. Divrei Yosef p. 34-35 agrees in interpreting Shulchan Aruch. See Divrei Chayim 201:8 who rejects this interpretation of the Rambam otherwise most rivers would be fit and the Rambam quotes Rav’s concerns of going to mikveh in a river. </ref>
| |
| ===Rivers===
| |
| # A person shouldn’t go to the mikveh in a river. If there’s no mikveh available there’s what to rely on to go to the mikveh in a river.<ref>The Gemara Bechorot 55b cites a dispute between Rav and Shmuel whether a river is a kosher mayan or it is invalid since there might be more rainwater than springwater. If there’s more rainwater it is considered a mikveh but it would be invalid since the river is moving. Rav was strict and Shmuel lenient. Shmuel thought that automatically there’s more water from the spring than rainwater in the river. Rabbenu Tam (Sefer Hayashar 256) and Tosfot Bechorot s.v. ein quoting Rabbenu Tam ruled leniently like Shmuel. However, the Rambam Mikvaot 9:13 and Rosh Mikvaot no. 10 citing the Maharam (Tashbetz Katan ch. 493) and Rif that we follow Rav. Shulchan Aruch 201:2 follows the Rambam.
| |
| * Trumat Hadeshen 254 and Maharik 115 write that there was a minhag to follow Rabbenu Tam to go to mikveh in a river. The Trumat Hadeshen only defends the minhag if there’s no other mikveh and there’s a concern that people won’t go to mikveh at all. Darkei Moshe 201:3 cites that the Mahari Vayil 70 and Binyamin Zeev 154 provide further support for this minhag. Rama 201:2 concludes that if there’s no kosher mikveh available one doesn’t have to stop someone who relies on Rabbenu Tam to go to mikveh in a river.
| |
| * The Bet Yosef 201:2 s.v. vgam clearly specifies that if someone knows that the river is at its lowest level and isn’t increased because of rainwater it is fit even according to the Rav. Shach 201:15 only mentions going in a small river that you know it didn’t increase because of the rainwater.
| |
| * Rabbenu Yerucham 26:5 cited by Bet Yosef 201:2 holds that even Rabbenu Tam would be strict if it is obvious that the river increased in size because of rain. However, the Bet Yosef argues that clearly the Ran Nedarim 40b s.v. ulinyan and Rosh responsa 31 don’t think so. Shach 201:14 rules like the Bet Yosef.</ref> Before a person relies on such a leniency they need to consult with their rabbi.<ref>
| |
| * Memaakim Siman 4 p. 32 writes that in the ghetto in WWII it was permitted to rely on the Rama since there was no mikveh available.
| |
| * Chatom Sofer YD 2:202 discusses a community which doesn’t have a mikveh but there is a nearby river. If the women would go to the mikveh in the river they’d go at the proper time. However, if the women had to travel to another town to go to a mikveh they’d have to go to mikveh during the day so that they could travel back that afternoon and night. The Rabbi suggested that they go to the mikveh in the other town during the day and rely on those who are lenient since they can’t return to their house before the night. However, the Chatom Sofer responded that going to mikveh in a river is less of a leniency than going to mikveh during the day and the minhag has what to rely upon. Interestingly, he even mentions that going to mikveh in a river fulfills the opinion of the Rabbenu Halevi that a zavah needs to dip in a mayan. </ref>
| |
|
| |
| ===Oceans===
| |
| # All oceans are like a mayan to dip in them even where they are moving.<ref>The Mishna Parah 8:8 and Mikvaot 5:4 cites a dispute between the tenayim whether the oceans have a status of a spring or mikveh. Rabbi Yosi holds that they have the status of a spring besides for purposes of mayim chayim. Rashi Shabbat 109a explains that Rabbi Yosi doesn't distinguish between the Mediterranean sea and other oceans even though Rabbi Yehuda did. See the Bet Yosef 201:5 at length who explains that the Rambam Mikvaot 9:12 agrees with Rashi with respect to someone going in the mikveh even though he does have a distinction for the Mediterranean sea for the purposes of mayim chayim. The Shulchan Aruch YD 201:5 rules that oceans are fit for dipping even if they’re moving.</ref>
| |
| # One may not dip or immerse utensils for tevilat kelim in the tip of a wave but one may do so in the wave that broke and reconnected.<ref>The Mishna Mikvaot 5:6 writes that a wave that is 40 seah purifies a person or utensils. The Tosefta Mikvaot 4:3 establishes that one may only dip in the edge of the wave that broke or landed and not the tip of the wave that is hanging above the sea. The reason the Tosefta explains is because one may not dip or immerse utensils in the air. Rashi Chagiga 19a s.v. shein explains that the Torah only permitted going to mikveh or a mayan in water that was attached to the ground. Tosfot Chullin 31b s.v. ditnan agrees that this requirement is biblical. Bet Yosef 201:5 explains the Rambam Mikvaot 9:18 that the issue with dipping or immersing in a wave above the sea is a rabbinic one lest one come to be lenient with the invalidation of moving water in a mikveh. Taz 201:7 writes Rashi’s reason for why it is forbidden to dip or immerse in the air.</ref> Some say that the wave only purifies if there’s 40 seah in it.<ref>The Mishna Mikvaot 5:6 did mention that the wave was 40 seah that was purifying people and utensils. Why does it need 40 seah if it is a spring? The Rashba Torat Habayit proves from here the opinion of Rabbenu Tam that a person dipping in a spring must have 40 seah and the mentioning of 40 seah was only for the purpose of the person and not the utensils.
| |
| * However, the Taz 201:6 and Gra 201:6 explain that it isn’t a proof for Rabbenu Tam because it is possible that really 40 seah was only mentioned as a practical consideration that 40 seah is necessary for a person to be enclosed by the water. According to the Rashba, the Bet Meir 201:5 writes that if the wave didn’t completely detach from the sea it would seem that 40 seah isn’t necessary since the wave combines with the rest of the sea.
| |
| * Shach 201:20 explains that in general it is always necessary to have 40 seah in the wave otherwise the wave appears to be unlike a spring.</ref> If the wave detached from the sea and is still moving it is invalid for dipping or immersing utensils in.<ref> The Maharik 115 proves from the Mishna Mikvaot that permitted immersion in a wave that even water disconnected from a spring is considered like a spring. However, once it stops once it is invalid. The Shach 201:30 accepts the Maharik specifically with respect to the ocean.
| |
| The Bet Meir 201:5 explains that according to the Maharik who holds that water from a spring that were detached from a spring have the status of a spring as long as they are moving we can explain the Mishna Mikvaot 5:6 as referring to a wave that completely detached from the sea. Lechem Vsimla 201:21 explains that the Shach agrees with the Maharik. The Shaarei Mikvaot 201:29 quotes the Lechem Vsimla. Rav Chaim Soloveitchik on Mikvaot 9:6 explains that the Rambam agrees with the Maharik. However, the Maharik isn’t accepted as the Bet Meir points out.</ref>
| |
|
| |
|
| ==Sheuvim== | | ==Sheuvim== |
