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Mikvaot: Difference between revisions
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→Does Hamshacha work for a Completely Shevuim Mikveh?
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* Rash (Mikvaot 2:7) also implies that he holds of this approach. He writes that sheuvim seeping out of a broken kli is considered hamshacha. Chazon Ish (Mikvaot Kama 4:1) explains that it is considered hamshacha since the water didn't come directly from a kli. (Rambam (Mikvaot 4:4) holds that sheuvim seeping out of a broken kli isn't hamshacha.) Chazon Ish (Mikvaot Tinyana 8:13) seems to understand Rash differently and explains that it is based on hamshacha of a tiny distance and not because of the breaking. Torat Refael p. 363 explains that Rash a third way; the action of breaking the kli makes it not sheuvim.</ref> | * Rash (Mikvaot 2:7) also implies that he holds of this approach. He writes that sheuvim seeping out of a broken kli is considered hamshacha. Chazon Ish (Mikvaot Kama 4:1) explains that it is considered hamshacha since the water didn't come directly from a kli. (Rambam (Mikvaot 4:4) holds that sheuvim seeping out of a broken kli isn't hamshacha.) Chazon Ish (Mikvaot Tinyana 8:13) seems to understand Rash differently and explains that it is based on hamshacha of a tiny distance and not because of the breaking. Torat Refael p. 363 explains that Rash a third way; the action of breaking the kli makes it not sheuvim.</ref> | ||
===Does Hamshacha work for a Completely Shevuim Mikveh?=== | ===Does Hamshacha work for a Completely Shevuim Mikveh?=== | ||
# A mikveh that has 20 seah and a bit<ref> Tashbetz 1:17 holds that one should be strict for Rashi Nazir 38a who holds that it is necessary to have 21 seah before the hamshacha. Bet Yosef 201:44 and Shulchan Aruch argue that a simply majority of the 40 seah is necessary and nothing more.</ref> of rainwater and the rest of the mikveh is filled up with drawn water that was drawn along the ground is kosher.<Ref> | # A mikveh that has 20 seah and a bit<ref> Rash (Mikvaot 2:8) writes that it is a dispute between Rabbi Eliezer Ben Yakov and Rabbi Eliezer whether hamshacha on something that's completely sheuvim and then it enters into a majority of rainwater. Rabbi Eliezer Ben Yakov holds it is necessary to have the sheuvim mix with the majority rainwater (reviya) and then hamshacha, while Rabbi Eliezer holds that isn't necessary. Seemingly, Rash would not follow Rabbi Eliezer. Also, Tashbetz 1:17 holds that one should be strict for Rashi Nazir 38a who holds that it is necessary to have 21 seah before the hamshacha. Bet Yosef 201:44 and Shulchan Aruch argue that a simply majority of the 40 seah is necessary and nothing more. This is the view of Rambam (Mikvaot 4:4).</ref> of rainwater and the rest of the mikveh is filled up with drawn water that was drawn along the ground is kosher.<Ref>Most all rishonim hold that hamshacha doesn't work for a completely sheuvim mikveh, but works if majority of the water is rainwater. These rishonim include: Ri Migash (responsa 49), Rambam (Mikvaot 4:9), Tosfot (Temurah 12b), Rosh Mikvaot n. 7, Raavad (Baalei Hanefesh Shaar 1), Baal Hameor (Baalei Hanefesh Shaar 1 n. 3), Or Zaruah 1:335, Rashba (Shaar Hamayim 7, Teshuvot Hameyuchasot Lramban 226), Rivash (83 and 125), and Tashbetz 1:49. | ||
* | *According to the simple reading of the Gemara Temurah 12a there is a dispute between Rabbi Eliezer Ben Yakov and Rabbanan whether hamshacha works for the entire mikveh or just the minority of the mikveh. Most rishonim rule like Rabbi Eliezer Ben Yakov. Some rishonim held that we follow Rabbanan and validated a mikveh that was made completely of drawn water. This is based on how Rashi, Rabbenu Gershom, Ri, and Rash understood the gemara. Rabbenu Shmuel Mlunil (Tosfot Temurah 12b) has another reading of the gemara in which hamshacha on the complete mikveh only works if 40 seah of rainwater comes in afterwards. | ||
* | *Rambam: The Rambam (Mikvaot 4:9) writes that some rabbis of the west ruled that hamshacha works for the entire mikveh. He disagrees and writes that it is completely incorrect. In his commentary on the mishna (Mikvaot 4:4) it is evident that he didn't think anyone in the gemara or mishna held that. Kesef Mishna understands that according to Rambam, everyone agrees that it is necessary to have a majority rainwater and hamshacha. The dispute was whether hamshacha is effective if the sheuvim fell into the mikveh without hamshacha. Rabbi Eliezer Ben Yakov holds that hamshacha is ineffective after it was already mixed in the mikveh, while Rabbanan hold that is kosher. Bottom line, Rambam holds that majority of rainwater and hamshacha is necessary. | ||
* Rif: The Ran Shevuot 5b s.v. maleh explains that the Rif and Rash hold that hamshacha works for the entire mikveh. Rashba 3:228 and Ramban b”b 65b also explain the Rif in the same way. The Bet Yosef 201:44 argues in fact the Rif agreed with the Rambam. Baal Hameor (Baalei Hanefesh Shaar 1 n. 3) also understood Rif this way. Shulchan Aruch 201:44 codifies the opinion of the Rambam and Rosh. | |||
* Rash (Mikvaot 4:4) explains that opinion of the Mishna is that hamshacha only works if the drawn water mixes with rainwater before they fall into the mikveh. Rabbi Eliezer Ben Yakov in the Tosefta however doesn’t require that. Rash (Mikvaot 2:3) holds that hamshacha works from the Torah for the whole mikveh. Rosh Mikvaot n. 7 discusses this question and concludes leniently.</ref> | |||
# A mikveh that was made completely with drawn water that was drawn along the ground according to a minority opinion is kosher but that opinion isn’t accepted and therefore, such a mikveh is invalid.<ref>Shulchan Aruch YD 201:44. See previous note.</ref> | # A mikveh that was made completely with drawn water that was drawn along the ground according to a minority opinion is kosher but that opinion isn’t accepted and therefore, such a mikveh is invalid.<ref>Shulchan Aruch YD 201:44. See previous note.</ref> | ||
# If drawn water mixes into a majority of rainwater and there’s hamshacha afterwards the mikveh is valid.<Ref>The Rambam Mikvaot 4:8 writes that hamshacha on a complete mikveh is effective if there was originally a majority of rainwater and then drawn water fell in and then hamshacha occurred. The Bet Yosef 201:44 explains that the Rambam is based on his reading of Temurah 12a that Rabbanan hold hamshacha works for a complete mikveh. He explains that it only means that it works if originally there was a majority of rainwater and then drawn water entered and then the entire mikveh moved. Shulchan Aruch 201:44 follows the Rambam. | # If drawn water mixes into a majority of rainwater and there’s hamshacha afterwards the mikveh is valid.<Ref>The Rambam Mikvaot 4:8 writes that hamshacha on a complete mikveh is effective if there was originally a majority of rainwater and then drawn water fell in and then hamshacha occurred. The Bet Yosef 201:44 explains that the Rambam is based on his reading of Temurah 12a that Rabbanan hold hamshacha works for a complete mikveh. He explains that it only means that it works if originally there was a majority of rainwater and then drawn water entered and then the entire mikveh moved. Shulchan Aruch 201:44 follows the Rambam. | ||
