Mikvaot: Difference between revisions

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# If a vessel is in a position in which it can’t contain any water even though if it were sitting normally it would hold water doesn’t create shuevim.<ref>Mishna Mikvaot 4:2, Tur and Shulchan Aruch 201:35. The Mishna (Mikvaot 4:2) establishes that a tray with a rim creates sheuvim when positioned normally but not when turned on its side so it can be cleaned from dirt. Rambam (Mikvaot 6:5) codifies this mishna and explains that it doesn't create sheuvim since it wasn't made to collect water. Shiltei Giborim b"b 35b understands that Rambam means it doesn't create sheuvim since the kli wasn't made originally to collect water. He explicitly learns that positioning a kli in a way that doesn't collect water isn't a create that it doesn't create sheuvim. However, Shaarei Knesset Hagedola (Hagahot Hatur 201:30) argues that Rambam indeed meant that the positioning matters; when it is positioned in a way that it can't collect water it doesn't create sheuvim even if it actually holds some water. Maaseh Roke'ach (Hilchot Mikvaot 6:5) also explains that the tray with a rim is meant to hold water. This also seems evident in Pirush Mishnayot of Rambam (Mikvaot 4:2 and Kelim 2:3). Gulot Ayilot (Mikvaot 4:2) explains like Shiltei Giborim that the tray isn't meant to collect water. That's why when it is on its side it doesn't create sheuvim. However, when it is placed to collect water it makes sheuvim since it is specifically intentionally engineered to draw water into a mikveh. Therefore, according to Shiltei Giborim and Gulot Ayilot, a kli that is meant to hold water creates sheuvim even if it is in a position that it isn't meant to hold water. However, according to Shaarei Knesset Hagedola the water isn't sheuvim. </ref>
# If a vessel is in a position in which it can’t contain any water even though if it were sitting normally it would hold water doesn’t create shuevim.<ref>Mishna Mikvaot 4:2, Tur and Shulchan Aruch 201:35. The Mishna (Mikvaot 4:2) establishes that a tray with a rim creates sheuvim when positioned normally but not when turned on its side so it can be cleaned from dirt. Rambam (Mikvaot 6:5) codifies this mishna and explains that it doesn't create sheuvim since it wasn't made to collect water. Shiltei Giborim b"b 35b understands that Rambam means it doesn't create sheuvim since the kli wasn't made originally to collect water. He explicitly learns that positioning a kli in a way that doesn't collect water isn't a create that it doesn't create sheuvim. However, Shaarei Knesset Hagedola (Hagahot Hatur 201:30) argues that Rambam indeed meant that the positioning matters; when it is positioned in a way that it can't collect water it doesn't create sheuvim even if it actually holds some water. Maaseh Roke'ach (Hilchot Mikvaot 6:5) also explains that the tray with a rim is meant to hold water. This also seems evident in Pirush Mishnayot of Rambam (Mikvaot 4:2 and Kelim 2:3). Gulot Ayilot (Mikvaot 4:2) explains like Shiltei Giborim that the tray isn't meant to collect water. That's why when it is on its side it doesn't create sheuvim. However, when it is placed to collect water it makes sheuvim since it is specifically intentionally engineered to draw water into a mikveh. Therefore, according to Shiltei Giborim and Gulot Ayilot, a kli that is meant to hold water creates sheuvim even if it is in a position that it isn't meant to hold water. However, according to Shaarei Knesset Hagedola the water isn't sheuvim. </ref>
# Shingles on the roof aren’t considered vessel to create shuevim since they weren’t made to hold water.<Ref>Rashba (Torat Habayit Shaar Hamayim) writes that shingles on the roof don’t create sheuvim since they weren’t made to hold water (Mishna Mikvaot 4:3). This is codified by the Shulchan Aruch YD 201:37.</ref>
# Shingles on the roof aren’t considered vessel to create shuevim since they weren’t made to hold water.<Ref>Rashba (Torat Habayit Shaar Hamayim) writes that shingles on the roof don’t create sheuvim since they weren’t made to hold water (Mishna Mikvaot 4:3). This is codified by the Shulchan Aruch YD 201:37.</ref>
# When dipping a pillow in the mikveh it would make the water sheuvim once it is picked up out of the mikveh.<ref>Mishna Mikvaot 6:5, Rambam Mikvaot 5:3</ref>
# When dipping a pillow in the mikveh, the pillow would make the water inside of it sheuvim once it is picked up out of the mikveh.<ref>Mishna Mikvaot 6:5, Rambam Mikvaot 5:3</ref>
 
# If a vessel couldn’t hold water on its own but would hold water if propped up by other things it wouldn’t create sheuvim.  - see bet yosef 201:34 it is kosher
# If a vessel couldn’t hold water on its own but would hold water if propped up by other things it wouldn’t create sheuvim.  - see bet yosef 201:34 it is kosher


===Pipes===
===Pipes===
# Pipes that have no receptacle don’t create sheuvim.<ref>Mishna Mikvaot 4:3, Rosh Mikvaot n. 6, Rambam Mikvaot 6:6, Tur and Shulchan Aruch YD 201:36</ref>
# Pipes that have no receptacle don’t create sheuvim.<ref>Mishna Mikvaot 4:3, Rosh Mikvaot n. 6, Rambam Mikvaot 6:6, Tur and Shulchan Aruch YD 201:36</ref>
# Pipes which have a receptacle of any size create sheuvim and invalidate a mikveh.<ref>The Mishna Mikvaot 4:3 establishes that a pipe which has a receptacle is invalid. If it made of earthenware it only creates sheuvim if it can hold a reviyit of water but if it is wood any amount is sufficient. Rosh Mikvaot n. 6, Rambam Mikvaot 6:6, Tur and Shulchan Aruch YD 201:36 codify this.</ref>
# Pipes which have a receptacle of any size create sheuvim and invalidate a mikveh.<ref>The Mishna Mikvaot 4:3 establishes that a pipe which has a receptacle is invalid. If it made of earthenware it only creates sheuvim if it can hold a reviyit of water but if it is wood any amount is sufficient. Rosh Mikvaot n. 6, Rambam Mikvaot 6:6, Tur and Shulchan Aruch YD 201:36 codify this.</ref> If the pipe has a receptable in one section any water flowing over any part of the pipe is sheuvim.<ref>Rosh (Mikvaot n. 6) implies that only water that flows over the receptable is sheuvim, however, Tur 201:36 implies that any water that goes over any part of the pipe is made into sheuvim. Shach 201:77 originally assumes like Rosh, but in Nekudat Hakesef retracts and holds like Tur. There he explains that even Rosh might mean like the Tur. Bach thinks that Tur and Rosh are saying the same thing, but is unsure what they're saying. </ref>
# Pipes which didn’t have any receptacle when it was detached from the ground and after it was attached a receptacle is created is valid, but if the receptacle is created before it is attached it is invalid.<Ref>Gemara Bava Batra 66a establishes that a stone isn’t considered a vessel unless it has a receptacle. If that receptacle was created only after it was attached to the ground it isn’t considered a vessel with respect to that it doesn’t create drawn water. Ran and Ramban Bava Batra 65b, Rosh Mikvaot n. 6, Rambam Mikvaot 6:6, Tur and Shulchan Aruch 201:36, and Shach 201:21 codify this distinction.</ref>
# Pipes which didn’t have any receptacle when it was detached from the ground and after it was attached a receptacle is created is valid, but if the receptacle is created before it is attached it is invalid.<Ref>Gemara Bava Batra 66a establishes that a stone isn’t considered a vessel unless it has a receptacle. If that receptacle was created only after it was attached to the ground it isn’t considered a vessel with respect to that it doesn’t create drawn water. Ran and Ramban Bava Batra 65b, Rosh Mikvaot n. 6, Rambam Mikvaot 6:6, Tur and Shulchan Aruch 201:36, and Shach 201:21 codify this distinction.</ref>
# Pipes which widen and thin out in order to manipulate the water pressure and speed don’t invalidate the mikveh as the receptacle wasn’t made to hold water.<ref>Mishna Mikvaot 4:3 establishes that a pipe which has a thin part and widens doesn’t create sheuvim since it wasn’t made to hold water but just to manage the water pressure. Rambam Mikvaot 6:2 codifies this Mishna. Even though the Raavad 8:7 disagrees with the Rambam about bent pipes regarding the pipe that widens he doesn’t disagree with the Rambam. Divrei Chaim 201:33 and Rav Chaim Mikvaot 6:4 note that even Raavad holds from this Mishna that a pipe used to create water pressure is not considered sheuvim. Raavad in a teshuva (Baalei Hanefesh p. 157 fnt. 31) writes that the Mishna is discussing a depression in the pipe and not a pipe that just widens on the sides. This is also evident from the picture of Rambam in Pirush Mishnayot. However, Gra (Eliyahu Rabba 4:3) explains the Mishna to be about a pipe that has no depression. Otherwise if there was a depression it automatically creates sheuvim.</ref>
# Pipes which widen and thin out in order to manipulate the water pressure and speed don’t invalidate the mikveh as the receptacle wasn’t made to hold water.<ref>Mishna Mikvaot 4:3 establishes that a pipe which has a thin part and widens doesn’t create sheuvim since it wasn’t made to hold water but just to manage the water pressure. Rambam Mikvaot 6:2 codifies this Mishna. Even though the Raavad 8:7 disagrees with the Rambam about bent pipes regarding the pipe that widens he doesn’t disagree with the Rambam. Divrei Chaim 201:33 and Rav Chaim Mikvaot 6:4 note that even Raavad holds from this Mishna that a pipe used to create water pressure is not considered sheuvim. Raavad in a teshuva (Baalei Hanefesh p. 157 fnt. 31) writes that the Mishna is discussing a depression in the pipe and not a pipe that just widens on the sides. This is also evident from the picture of Rambam in Pirush Mishnayot. However, Gra (Eliyahu Rabba 4:3) explains the Mishna to be about a pipe that has no depression. Otherwise if there was a depression it automatically creates sheuvim.</ref>