Mikvaot: Difference between revisions
From Halachipedia
| Line 257: | Line 257: | ||
* The Raavad explains that if the drawn water added to the natural spring then anywhere where the natural stream would be flowing is considered a spring. But the areas that would naturally be stagnant or non-existent and now flow because of the addition of drawn water they are considered to only be kosher like a mikveh. | * The Raavad explains that if the drawn water added to the natural spring then anywhere where the natural stream would be flowing is considered a spring. But the areas that would naturally be stagnant or non-existent and now flow because of the addition of drawn water they are considered to only be kosher like a mikveh. | ||
* The Tur 201:15 just writes that a spring with a majority of drawn water is fit and doesn’t explain if it is fit if it is moving or not. The Bet Yosef wonders why the Tur omitted that important piece of information. Shulchan Aruch 201:15 follows the language of the Tur. The Taz 201:26 explains that we hold like the Rambam and Rosh that if the spring was originally moving where the drawn water entered it is like a spring and is fit even where it is moving. However, if it is was still when drawn water entered it is only fit as a mikveh when it is still. The Shach 201:42, on the other hand, simply writes that we follow the Rambam and Rosh that it is unfit if it is moving. He doesn’t explain if it depends on whether the water entered when it was moving or not. In fact, the Shach 201:33 also doesn’t distinguish. The Shaarei Mikvaot 201:59, Divrei Yosef p. 138, and Chelkat Binyamin 201:237 explain that the Rama and Shach are strict even where it was moving originally.</ref> | * The Tur 201:15 just writes that a spring with a majority of drawn water is fit and doesn’t explain if it is fit if it is moving or not. The Bet Yosef wonders why the Tur omitted that important piece of information. Shulchan Aruch 201:15 follows the language of the Tur. The Taz 201:26 explains that we hold like the Rambam and Rosh that if the spring was originally moving where the drawn water entered it is like a spring and is fit even where it is moving. However, if it is was still when drawn water entered it is only fit as a mikveh when it is still. The Shach 201:42, on the other hand, simply writes that we follow the Rambam and Rosh that it is unfit if it is moving. He doesn’t explain if it depends on whether the water entered when it was moving or not. In fact, the Shach 201:33 also doesn’t distinguish. The Shaarei Mikvaot 201:59, Divrei Yosef p. 138, and Chelkat Binyamin 201:237 explain that the Rama and Shach are strict even where it was moving originally.</ref> | ||
# If there was less than 40 seah in mayan and water added and then removed and made into mikveh is it kosher.<ref> Rabbenu Yerucham cited by Bet Yosef 201:15 writes that if there was a spring that didn’t have 40 seah and drawn water was added to it, then the water was detached and went into a pit it is considered a valid mikveh even though originally it was drawn water it remains fit after becoming part of the spring. The Shach 201:41 writes that it is preferable to be strict. Chelkat Binyamin 201:236 is strict though he notes the Chatom Sofer YD | # If there was less than 40 seah in mayan and water added and then removed and made into mikveh is it kosher.<ref> Rabbenu Yerucham cited by Bet Yosef 201:15 writes that if there was a spring that didn’t have 40 seah and drawn water was added to it, then the water was detached and went into a pit it is considered a valid mikveh even though originally it was drawn water it remains fit after becoming part of the spring. The Shach 201:41 writes that it is preferable to be strict. Nodeh Beyehuda 2:141 and Chatom Sofer YD 212 are lenient. Chelkat Binyamin 201:236 is strict, though he notes that the Chatom Sofer YD who was lenient. Igrot Moshe YD 2:94 is lenient even initially.</ref> | ||
===Sheuvim for a Mikveh=== | ===Sheuvim for a Mikveh=== | ||
# A pit that was filled up with rainwater but it wasn’t 40 seah and nearby there were three small holes filled up with drawn water and then the water from the pit subsumes the drawn water in the holes. If it is known that the pit had 40 seah of rainwater before the drawn was added it is fit. If not, it is invalid.<ref>Mishna Mikvaot 2:5, Rambam Hilchot Mikvaot 5:4, Rosh Hilchot Mikvaot n. 1. The Rosh Mikvaot n. 1 asks why is the mikveh invalid if you’re unsure when the 3 lug of drawn water entered. He proves from that question that drawn water must be a biblical concern. Tosfot Yom Tov 2:5 disagrees with the entire reading of the Rosh. However, the Lechem Vsimla 201:16 s.v. veheneh harosh (cited by Divrei Yosef p. 155) answers for the Rambam that since the doubt is only about something that can be investigated it isn’t a valid doubt to be lenient though drawn water is only rabbinic. Chatom Sofer YD 216 explains that the reason that the three holes combine to invalidate the mikveh with 3 lug of water is because they are inside the bigger pit and as such they combine together.</ref> | # A pit that was filled up with rainwater but it wasn’t 40 seah and nearby there were three small holes filled up with drawn water and then the water from the pit subsumes the drawn water in the holes. If it is known that the pit had 40 seah of rainwater before the drawn was added it is fit. If not, it is invalid.<ref>Mishna Mikvaot 2:5, Rambam Hilchot Mikvaot 5:4, Rosh Hilchot Mikvaot n. 1. The Rosh Mikvaot n. 1 asks why is the mikveh invalid if you’re unsure when the 3 lug of drawn water entered. He proves from that question that drawn water must be a biblical concern. Tosfot Yom Tov 2:5 disagrees with the entire reading of the Rosh. However, the Lechem Vsimla 201:16 s.v. veheneh harosh (cited by Divrei Yosef p. 155) answers for the Rambam that since the doubt is only about something that can be investigated it isn’t a valid doubt to be lenient though drawn water is only rabbinic. Chatom Sofer YD 216 explains that the reason that the three holes combine to invalidate the mikveh with 3 lug of water is because they are inside the bigger pit and as such they combine together.</ref> | ||
