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Mikvaot: Difference between revisions
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→Does Hamshacha work for a Completely Shevuim Mikveh?
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* 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. | * 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> | * 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. Is hamshacha on all of the 40 seah invalid mideoritta or miderabbanan? Shevet Halevi 2:103 holds that it is only pasul midrabbanan. He quotes that this is the view of Radvaz 1:85, Divrei Chaim, and Bet Shlomo 2:62. However, Shevet Halevi also quotes Imrei Esh 86 who holds that it is pasul mideoritta. Minchat Yitzchak 1:146:4 quotes Maharsham 3:145 who holds that it is only pasul miderabbanan. Minchat Yitzchak seems to accept this opinion. See Imrei Yosher 2:67 who seems to accept this approach of Maharsham but only if the hamshacha is done on ground and not cement.</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. | ||
Rash (Mikvaot 2:7) understands that the Mishna allows hamshacha even if the sheuvim came in first and then the majority rainwater afterwards.</ref> | Rash (Mikvaot 2:7) understands that the Mishna allows hamshacha even if the sheuvim came in first and then the majority rainwater afterwards.</ref> | ||
# Even if drawn water is only invalid midrabbanan, hamshacha on all of all 40 seah does not make it valid.<ref>Shevet Halevi 2:103</ref> | |||
===Type of Ground Necessary for Hamshacha=== | ===Type of Ground Necessary for Hamshacha=== | ||
