Mikvaot: Difference between revisions

===Hashaka between Shuevim or Mey Geshamim and a Mayan===

# The Mishna<ref>Mikvaot 1:7</ref> clearly states that a mayan which has a majority of sheuvim water is treated like a mikveh that it can only purify while standing still (eshborin). The Raah<ref>Ritva (Nedarim 13a) quotes the Raah</ref> is bothered why this is the case if hashaka works to purify sheuvim water to become non-sheuvim in a mikveh. He answers that in fact hashaka is relevant to convert sheuvim water into mayan water to purify even will moving (zochlin). He explains that the Mishna means that in the place where the mayan flowed originally it is still a mayan, but in the places where it expanded or went further than before the sheuvim was added it is treated as a mikveh. However, the rest of the rishonim firmly disagree with this view and do not accept hashaka of sheuvim with a mayan.<ref>Tosfot Bechorot 55b s.v. ein and Ritva (Nedarim 13a) quoting Ramban, Raavad, and Rav Pinchas Halevi, brother of Raah, all hold that hashaka of sheuvim and a mayan does not make the sheuvim into mayan water. Their explanation is based on Nedarim 40b and Mikvaot 1:7 which indicates that once there is a majority of sheuvim or rain water compared to the mayan water, it is no longer considered a mayan to purify with zochlin. The evidence for Raah is from Mikvoat 5:3 which implies that a flowing mayan which is expanded with sheuvim is still a considered a mayan. Ramban answers that Mikvaot 5:3 is discussing where the sheuvim is added directly into the mayan. That effectively converts the sheuvim into mayan water, but if the sheuvim or rain water is added anywhere else downstream hashaka is ineffective and it is not considered mayan water. Rabbi Pinchas answers that a majority of mayan water can nullify the sheuvim or rain water to become like mayan water. Nonetheless, on a rabbinic level they disallowed using a mayan with a minority of rain water in the places where it expanded or continued further than where it flowed previously because of a concern that it appears that tevila is acceptable in zochlin of mikveh water. That's the explanation in Mikvaot 5:3 which is discussing where there isn't a majority of mayan water. However, Mikvaot 1:7 and Nedarim 40b are discussing where there is a majority of rain water in which case hashaka doesn't help to make it into mayan water. </ref>

## Ritva<Ref>Nedarim 13b</ref> explains that hashaka with sheuvim only works since sheuvim is really rabbinic even if there's a majority of sheuvim the mikveh is still kosher from the Torah. Since it is rabbinic the rabbis allowed added a lot of sheuvim to a complete mikveh even if the result will be that there is more sheuvim than mikveh water. However, zochlin is a Torah invalidation of mikveh water and so it can't be fixed with hashaka.  

## Trumat Hadeshen<Ref>Trumat Hadeshen 254</ref> writes that the reason hashaka works for sheuvim is because sheuvim is only invalid since it is detached from the ground. Hashaka reattaches to a mikveh and makes it like it is touching the ground. However, zochlin is a different invalidation that the Torah stated and for that hashaka doesn't help.