Mikvaot: Difference between revisions
From Halachipedia
| Line 44: | Line 44: | ||
* 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> | * 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: | # 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 | * Rash holds that if there is a majority of drawn water, the mayan is invalid when moving. | ||
* 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 expanded 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. | * 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 | * 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 entered 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. | ||
*Rishonim ask why Mikvaot 5:3 states that if drawn water is added to a mayan and it was previously moving, it remains a mayan. The mishna implies that this is true even if there is a majority of drawn water. However, Mikvaot 5:5 implies that if there is a majority of rainwater in a mayan, the mayan only purifies if it is standing still. Ran answers that even if there's a majority of drawn or rainwater it remains a mayan in the place where it was previously moving. However, if it wasn't previously moving it only purifies if it is standing still. Ramban answers that if the water was added to the primary pit of the mayan it is kosher as a mayan. However, if the water was added to the extensions of the mayan it only purifies if it is standing. Rav Pinchas Halevi answers that if there is a majority of drawn or rainwater it only purifies if it is standing. Also, if a minority of drawn or rainwater it only purifies in the place that it was previously moving.</ref> | |||
===Mayan with Minority Drawn or Rain Water=== | ===Mayan with Minority Drawn or Rain Water=== | ||
# If a mayan or area that flows from a mayan has a majority of spring water and a minority of rainwater or drawn water, it is kosher as a mayan even while it is moving.<ref>Mishna (Mikvaot 1:7, 5:5), Rash (Mikvaot 5:5), Nedarim 40b, Rambam (Hilchot Mikvaot 9:6), Shulchan Aruch Y.D. 201:2</ref> Some say that it is only kosher as a mayan in the places where it naturally flowed as a spring. However, if the rainwater or drawn water widened the mayan or made it flow in new places, those places are only kosher as a mikveh.<ref>Shach 201:11 quotes Maharik and agrees. He supports Maharik from Rash and Rosh (Mikvaot 5:5). However, Rambam (as understood by Ran) makes no such distinction. Even within Rash and Rosh, Chazon Ish (Mikvaot Tinyana 1:4) argues that Rash is only strict about drawn water but is not strict about rainwater. Fundamentally, he writes that someone who is lenient unlike Shach has what to rely upon.</ref> | # If a mayan or area that flows from a mayan has a majority of spring water and a minority of rainwater or drawn water, it is kosher as a mayan even while it is moving.<ref>Mishna (Mikvaot 1:7, 5:5), Rash (Mikvaot 5:5), Nedarim 40b, Rambam (Hilchot Mikvaot 9:6), Shulchan Aruch Y.D. 201:2</ref> Some say that it is only kosher as a mayan in the places where it naturally flowed as a spring. However, if the rainwater or drawn water widened the mayan or made it flow in new places, those places are only kosher as a mikveh.<ref>Shach 201:11 quotes Maharik and agrees. He supports Maharik from Rash and Rosh (Mikvaot 5:5). However, Rambam (as understood by Ran) makes no such distinction. Even within Rash and Rosh, Chazon Ish (Mikvaot Tinyana 1:4) argues that Rash is only strict about drawn water but is not strict about rainwater. Fundamentally, he writes that someone who is lenient unlike Shach has what to rely upon.</ref> | ||
