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Mikvaot: Difference between revisions
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# According to most poskim there’s no concern when drawing out water from a spring which isn’t susceptible to the invalidation of sheuvim. However, some are concerned for that and as such require using a vessel that has a hole and can’t hold water or to empty the mikveh completely until it is dry before refilling it. Ashkenazim are strict about this question.<ref>The Rosh responsa 30:4 writes that there’s no need to be concerned for sheuvim in a spring. Maharik 56 writes that one should be strict to be concerned for the opinion that a spring is invalid with shuevim. He isn’t strict after the fact. Trumat Hadeshen 258 is much more concerned for that opinion. Bet Yosef argues with the Trumat Hadeshen. Shulchan Aruch 201:40 codifies the Rosh, but Rama quotes the Trumat Hadeshen.</ref> | # According to most poskim there’s no concern when drawing out water from a spring which isn’t susceptible to the invalidation of sheuvim. However, some are concerned for that and as such require using a vessel that has a hole and can’t hold water or to empty the mikveh completely until it is dry before refilling it. Ashkenazim are strict about this question.<ref>The Rosh responsa 30:4 writes that there’s no need to be concerned for sheuvim in a spring. Maharik 56 writes that one should be strict to be concerned for the opinion that a spring is invalid with shuevim. He isn’t strict after the fact. Trumat Hadeshen 258 is much more concerned for that opinion. Bet Yosef argues with the Trumat Hadeshen. Shulchan Aruch 201:40 codifies the Rosh, but Rama quotes the Trumat Hadeshen.</ref> | ||
# If there’s a receptacle in the pipe it isn’t considered filled in unless there is a permanent addition to the pipe.<ref>Mishna Mikvaot 4:3 states that if a pipe has a receptacle it isn’t considered filled in if a rock or dirt gets lodged in the receptacle making the pipe smooth. The Rash and Rosh explains that since the rock or dirt isn’t tightly held in the receptacle it isn’t considered part of the pipe. The Rambam explains that it isn’t considered part of the pipe unless it harden like cement in that receptacle. Shulchan Aruch 201:36 codifies this mishna.</ref> | # If there’s a receptacle in the pipe it isn’t considered filled in unless there is a permanent addition to the pipe.<ref>Mishna Mikvaot 4:3 states that if a pipe has a receptacle it isn’t considered filled in if a rock or dirt gets lodged in the receptacle making the pipe smooth. The Rash and Rosh explains that since the rock or dirt isn’t tightly held in the receptacle it isn’t considered part of the pipe. The Rambam explains that it isn’t considered part of the pipe unless it harden like cement in that receptacle. Shulchan Aruch 201:36 codifies this mishna.</ref> | ||
# If rainwater collected in jugs that were placed on the roof to dry the water inside can be used for a mikveh if the jugs are broken in their spot or pushed over. If they are picked up to pour them out the water is invalid.<ref>Mishna Mikvaot 2:7 records a dispute between Rabbi Yehoshua and Rabbi Eliezer if the rainwater inside the jugs left on the roof is considered sheuvim since they weren’t planned to collect water. Rabbi Eliezer is strict unless there’s already water in the pit, while Rabbi Yehoshua is lenient. The halacha is Rabbi Yehoshua. Shulchan Aruch YD 201:42 codifies Rabbi Yehoshua’s opinion.</ref> | # If rainwater collected in jugs that were placed on the roof to dry the water inside can be used for a mikveh if the jugs are broken in their spot or pushed over. If they are picked up to pour them out the water is invalid.<ref>Mishna Mikvaot 2:7 records a dispute between Rabbi Yehoshua and Rabbi Eliezer if the rainwater inside the jugs left on the roof is considered sheuvim since they weren’t planned to collect water. Rabbi Eliezer is strict unless there’s already water in the pit, while Rabbi Yehoshua is lenient. The halacha is Rabbi Yehoshua. Shulchan Aruch YD 201:42 codifies Rabbi Yehoshua’s opinion. | ||
* See Yereyim 26 who has an interesting reading that the water is only kosher if collected in jugs that were attached to the roof and not if they were detached.</ref> | |||
# If a container that held cement was placed in a pit for construction and forgotten there and rainwater collected inside it can be broken in its spot and the water isn’t sheuvim. If they are picked up or pushed over the water is sheuvim.<ref> The Rosh Mikvaot 2:8 writes that unlike the case of the jugs that were left out to dry in the case where they were brought there not to collect water at all and can be knocked over, the case of where a container initially held cement is considered partially that there is involvement of a person in having the container hold water. Therefore, in the case of the jugs drying they can be pushed over but in the case of a container used for holding cement that was forgotten in the pit can not be pushed over. Taz 201:52 and Shach 201:95 agree. The Bet Yosef 201:42 infers from the Rosh and Rambam that the container placed in the pit for construction can only be broken to have the water contribute to the mikveh if it are surrounded by water. He reasons that it is considered more of an involvement of a person than in the case of a jug left on the roof to dry. Taz 201:94 agrees. Shulchan Aruch YD 201:43 codifies the explanation of the Rosh.</ref> | # If a container that held cement was placed in a pit for construction and forgotten there and rainwater collected inside it can be broken in its spot and the water isn’t sheuvim. If they are picked up or pushed over the water is sheuvim.<ref> The Rosh Mikvaot 2:8 writes that unlike the case of the jugs that were left out to dry in the case where they were brought there not to collect water at all and can be knocked over, the case of where a container initially held cement is considered partially that there is involvement of a person in having the container hold water. Therefore, in the case of the jugs drying they can be pushed over but in the case of a container used for holding cement that was forgotten in the pit can not be pushed over. Taz 201:52 and Shach 201:95 agree. The Bet Yosef 201:42 infers from the Rosh and Rambam that the container placed in the pit for construction can only be broken to have the water contribute to the mikveh if it are surrounded by water. He reasons that it is considered more of an involvement of a person than in the case of a jug left on the roof to dry. Taz 201:94 agrees. Shulchan Aruch YD 201:43 codifies the explanation of the Rosh.</ref> | ||
# If porous jugs were placed in a pit with water in it in order that the walls of the jugs become cleansed and water entered into the jugs they can be broken but not pushed over.<ref>Mishna Mikvaot 2:9. The Bet Yosef 201:43 infers that the jugs can only be broken but not pushed over since the jugs were placed there to accept water and is considered more of an intention of collecting water unlike jugs left to dry. Shulchan Aruch YD 201:43 codifies this Mishna.</ref> | # If porous jugs were placed in a pit with water in it in order that the walls of the jugs become cleansed and water entered into the jugs they can be broken but not pushed over.<ref>Mishna Mikvaot 2:9. The Bet Yosef 201:43 infers that the jugs can only be broken but not pushed over since the jugs were placed there to accept water and is considered more of an intention of collecting water unlike jugs left to dry. Shulchan Aruch YD 201:43 codifies this Mishna.</ref> | ||
