Mikvaot: Difference between revisions

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# A stone or cement that was attached to the ground and then chiseled out to be used as a pipe or vessel isn't considered a vessel and doesn’t create drawn water.<ref>Gemara Bava Batra 66a, Rosh Mikvaot n. 6, Rambam Mikvaot 6:6, Tur and Shulchan Aruch 201:36, and Shach 201:21</ref> Some say that one may even dip in such a vessel while others hold that one may not actually dip in such a vessel.<ref>The Shach 201:21 writes that it is fit even to dip in such a stone vessel since it wasn’t a vessel when it was attached to the ground. However, the Nodeh Beyehuda and Rabbi Akiva Eiger (Pitchei Teshuva 9) argue that the gemara only made such a distinction with respect to drawn water which is only rabbinic, however, with respect to dipping in a vessel there is no distinction. The Chatom Sofer sides with the Shach and proves that this is also the opinion of the Tur and Rambam.</ref>
# A stone or cement that was attached to the ground and then chiseled out to be used as a pipe or vessel isn't considered a vessel and doesn’t create drawn water.<ref>Gemara Bava Batra 66a, Rosh Mikvaot n. 6, Rambam Mikvaot 6:6, Tur and Shulchan Aruch 201:36, and Shach 201:21</ref> Some say that one may even dip in such a vessel while others hold that one may not actually dip in such a vessel.<ref>The Shach 201:21 writes that it is fit even to dip in such a stone vessel since it wasn’t a vessel when it was attached to the ground. However, the Nodeh Beyehuda and Rabbi Akiva Eiger (Pitchei Teshuva 9) argue that the gemara only made such a distinction with respect to drawn water which is only rabbinic, however, with respect to dipping in a vessel there is no distinction. The Chatom Sofer sides with the Shach and proves that this is also the opinion of the Tur and Rambam.</ref>
===A vessel inside the mikveh===
===A vessel inside the mikveh===
# If the vessel is inside of a mikveh or mayan some rishonim say that one may dip in such a mikveh or mayan but the halacha is that one may not dip in such of a mikveh or mayan rabbinically.<ref>The Gemara Niddah 65b established that one may not immerse in a mikveh on top of a plank of wood because of a concern that one will be afraid to immerse and not immerse properly. The Raavad explains that the wooden planks aren’t susceptible to tumah but if they were then there would be another issue; that is, there is a general problem to immerse on top of vessels lest one could to immerse in a vessel outside of a vessel. The Rambam and Rosh understand the gemara differently. The Bet Yosef 198:31 explains that they hold that there’s no rabbinic restriction to dip on top of a vessel if the vessel doesn’t have a receptacle, or it is turned over, or it is surrounded by water. The Taz holds by the opinion of the Rambam but Shulchan Aruch and Shach accept the Raavad.</ref>
# If the vessel is built into the bottom of the mikveh or mayan, even though some rishonim hold that one may dip in such a mikveh or mayan, the halacha is that one may not dip in such of a mikveh or mayan rabbinically.<ref>The Gemara Niddah 65b established that one may not immerse in a mikveh on top of a plank of wood because of a concern that one will be afraid to immerse and not immerse properly. The Raavad explains that the wooden planks aren’t susceptible to tumah but if they were then there would be another issue; that is, there is a general problem to immerse on top of vessels lest one could to immerse in a vessel outside of a vessel. The Rambam and Rosh understand the gemara differently. The Bet Yosef 198:31 explains that they hold that there’s no rabbinic restriction to dip on top of a vessel if the vessel doesn’t have a receptacle, or it is turned over, or it is surrounded by water. The Taz holds by the opinion of the Rambam but Shulchan Aruch and Shach accept the Raavad.</ref>
# If the vessel is inside of a mikveh or mayan and has a hole that has a diameter of two fingerbreadths some rishonim say that it is fit to go inside of that vessel that is surrounded by water on all sides but the halacha is that it is ineffective.<ref>Based on the Raavad (Shaar Hatevilah cited by Bet Yosef 198:31) and Shulchan Aruch 198:31 a woman may not immerse on top of any vessel which is susceptible to tumah even tumat medres, which includes items are are designated for sitting and standing. The Rash Mikvaot 5:2 distinguishes whether the vessel is attached to the ground or not and says that there is only a rabbinic restriction to immerse on top of a vessel that is attached to the ground. The Bet Yosef 198:31 infers from the Rosh that he disagrees with that distinction. Nodeh Beyehuda YD 2:138 cited by Pitchei Teshuva 198:19 doesn’t accept the Rash. Rabbi Akiva Eiger 1:40 cited by Pitchei Teshuva 201:10 accepts that distinction in a particular case with other factors. </ref>  
# If the vessel is inside of a mikveh or mayan and has a hole that has a diameter of two fingerbreadths some rishonim say that it is fit to go inside of that vessel that is surrounded by water on all sides but the halacha is that it is ineffective.<ref>Based on the Raavad (Shaar Hatevilah cited by Bet Yosef 198:31) and Shulchan Aruch 198:31 a woman may not immerse on top of any vessel which is susceptible to tumah even tumat medres, which includes items are are designated for sitting and standing. The Rash Mikvaot 5:2 distinguishes whether the vessel is attached to the ground or not and says that there is only a rabbinic restriction to immerse on top of a vessel that is attached to the ground. The Bet Yosef 198:31 infers from the Rosh that he disagrees with that distinction. Nodeh Beyehuda YD 2:138 cited by Pitchei Teshuva 198:19 doesn’t accept the Rash. Rabbi Akiva Eiger 1:40 cited by Pitchei Teshuva 201:10 accepts that distinction in a particular case with other factors. </ref>  
# One may not go to mikveh standing on top of a kli. <ref>Raavad Baalei Hanefesh siman 1 writes that a woman may not go to mikveh on top of a kli that is mekabel tumah. She can go on top of a kli cheres since it does't have tumah on its backside. Mishna Mikvaot 5:2 states that mayan water that goes into or over a kli is unfit for a mikveh. The Raavad explains that this is based on a prohibition lest a person go to mikveh in a kli. Rashba Torat Habayit Hakatzar 30a and Rabbenu Yerucham 26:5 cited by Bet Yosef 198 agree. Ran Shevuot 6b s.v. isha cites the Raavad. Similarly, the Rash Mikvaot 5:2 limits the issue of going to mikveh in a kli to where the kli is attached to ground because it might be used as an unfit mikveh but if it is detached from the ground there's no restriction. The Bet Yosef understands the Rosh Mikvaot 9 as disagreeing with this idea.  
# One may not go to mikveh standing on top of a kli. <ref>Raavad Baalei Hanefesh siman 1 writes that a woman may not go to mikveh on top of a kli that is mekabel tumah. She can go on top of a kli cheres since it does't have tumah on its backside. Mishna Mikvaot 5:2 states that mayan water that goes into or over a kli is unfit for a mikveh. The Raavad explains that this is based on a prohibition lest a person go to mikveh in a kli. Rashba Torat Habayit Hakatzar 30a and Rabbenu Yerucham 26:5 cited by Bet Yosef 198 agree. Ran Shevuot 6b s.v. isha cites the Raavad. Similarly, the Rash Mikvaot 5:2 limits the issue of going to mikveh in a kli to where the kli is attached to ground because it might be used as an unfit mikveh but if it is detached from the ground there's no restriction. The Bet Yosef understands the Rosh Mikvaot 9 as disagreeing with this idea.  
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