16,374
edits
Mikvaot: Difference between revisions
From Halachipedia
→Creation of a Mikveh through Something Susceptible to Tumah
(Created page with "==Niddah and Zavah== # A mikveh is effective to purify a niddah, zavah, and baal keri but a zav specifically needs to dip in a mayan.<ref>Even though there is an opinion that...") |
|||
| Line 313: | Line 313: | ||
# A mikveh may not be created by the use of something that is susceptible to tumah otherwise it is invalid.<Ref>Mishna Mikvaot 6:4, Zevachim 25b, Shulchan Aruch 201:48. The Bet Yosef 201:48 explains that in fact the entire concept that if there’s something susceptible to tumah in the creation of the mikveh it is invalid is only the opinion of the Rash and Rosh but the Rambam completely disagrees. We follow the Rash and Rosh.</ref> This invalidation is Biblical.<Ref>Chatom Sofer 199:5 and Chazon Ish Mikvaot 3:17 hold it is Biblical since it is learned from a pasuk. Chelkat Binyamin 201:679 agrees.</ref> | # A mikveh may not be created by the use of something that is susceptible to tumah otherwise it is invalid.<Ref>Mishna Mikvaot 6:4, Zevachim 25b, Shulchan Aruch 201:48. The Bet Yosef 201:48 explains that in fact the entire concept that if there’s something susceptible to tumah in the creation of the mikveh it is invalid is only the opinion of the Rash and Rosh but the Rambam completely disagrees. We follow the Rash and Rosh.</ref> This invalidation is Biblical.<Ref>Chatom Sofer 199:5 and Chazon Ish Mikvaot 3:17 hold it is Biblical since it is learned from a pasuk. Chelkat Binyamin 201:679 agrees.</ref> | ||
# If the mikveh that was created with something that is susceptible to tumah and is invalid is connected to a mayan it is fixed and made valid again.<ref>The Rosh Mikvaot n. 12 writes that hashaka works for a mayan to be connected a mikveh and transform it into a kosher one. Specifically he says that it can remove the invalidation of being created with something susceptible to tumah. The Bet Yosef 201:49 infers from the Rashba 3:228 that it is ineffective. Shulchan Aruch 201:49 follows the Rosh. Shach 201:105 arguing with the Hagahot Perisha in fact states that this connection only needs to be temporary in order to validate the mikveh.</ref> | # If the mikveh that was created with something that is susceptible to tumah and is invalid is connected to a mayan it is fixed and made valid again.<ref>The Rosh Mikvaot n. 12 writes that hashaka works for a mayan to be connected a mikveh and transform it into a kosher one. Specifically he says that it can remove the invalidation of being created with something susceptible to tumah. The Bet Yosef 201:49 infers from the Rashba 3:228 that it is ineffective. Shulchan Aruch 201:49 follows the Rosh. Shach 201:105 arguing with the Hagahot Perisha in fact states that this connection only needs to be temporary in order to validate the mikveh.</ref> | ||
# A flat wooden board without edges that is used to direct water into a mikveh if the water would have flowed that way anyway it is valid, if not, some poskim say it is valid and others hold it is invalid.<ref>The Rosh Mikvaot n. 5 writes that if a board without edges is used to direct water into a mikveh it is valid if the water would have entered anyway, otherwise it is invalid because the mikveh was created by use of something that is susceptible to tumah (Mikvaot 5:5). The Bet Yosef 201:35 suggests that either the case is where the wooden board is susceptible to tumah since it used to have an edge and that edge was removed or that since flat wooden vessels are rabbinically susceptible to tumah that invalidates the mikveh. The Taz 201:43 and Shach 201:76 offer another answer such that the flat wooden board is designated for a use making it susceptible to tumah. They disagree with the concept of the Bet Yosef that vessels that are rabbinically susceptible to tumah | # A flat wooden board without edges that is used to direct water into a mikveh if the water would have flowed that way anyway it is valid, if not, some poskim say it is valid and others hold it is invalid.<ref>The Rosh Mikvaot n. 5 writes that if a board without edges is used to direct water into a mikveh it is valid if the water would have entered anyway, otherwise it is invalid because the mikveh was created by use of something that is susceptible to tumah (Mikvaot 5:5). The Bet Yosef 201:35 suggests that either the case is where the wooden board is susceptible to tumah since it used to have an edge and that edge was removed or that since flat wooden vessels are rabbinically susceptible to tumah that invalidates the mikveh. The Taz 201:43 and Shach 201:76 offer another answer such that the flat wooden board is designated for a use making it susceptible to tumah. They disagree with the concept of the Bet Yosef that vessels that are rabbinically susceptible to tumah invalidate the mikveh. However, the Chazon Ish Mikvaot 7:5 agrees with the Bet Yosef that we’re strict about something that is rabbinically susceptible to tumah. Chelkat Binyamin 201:511 cites the two approaches.</ref> The poskim are only strict if the wooden board was used to service people and utensils such as a tray, table, and bed board.<ref> | ||
Which wooden utensils are susceptible to tumah? | Which wooden utensils are susceptible to tumah? | ||
* Service people and utensils: The Mishna Kelim 16:1 establishes that a wooden tray, table, or bed are susceptible to tumah. The Rambam Kelim 4:1 clarifies that any flat wooden utensil is susceptible to tumah only if it services people and utensils such as a table which a person eats from and also it is used to hold other utensils. However, a flat wooden utensil which doesn’t service people and other utensils doesn’t have any tumah. That distinction is made by the Tosefta Kelim 13 and Torat Kohanim Shemini 6:4. Aruch Hashulchan 201:87 and Chazon Ish Mikvaot 7:5 agree. | * Service people and utensils: The Mishna Kelim 16:1 establishes that a wooden tray, table, or bed are susceptible to tumah. The Rambam Kelim 4:1 clarifies that any flat wooden utensil is susceptible to tumah only if it services people and utensils such as a table which a person eats from and also it is used to hold other utensils. However, a flat wooden utensil which doesn’t service people and other utensils doesn’t have any tumah. That distinction is made by the Tosefta Kelim 13 and Torat Kohanim Shemini 6:4. Aruch Hashulchan 201:87 and Chazon Ish Mikvaot 7:5 agree. | ||
* What level of tumah does it have? | * What level of tumah does it have? | ||
** Rashbam Bava Batra 66a s.v. le’olam holds it doesn’t have tumah at all. The gemara backed down from any idea of flat wooden utensils having tumah unless they are susceptible to midras if they are designated for sitting, leaning, or standing on. (It is a dispute if flat wooden utensils can have midras, see Taz 201:31 and Tosfot Shabbat 44b.) Maharam Paduah responsa 31 writes that we hold like the Rashbam and Rashi Sukkah 15a s.v. amar agrees. | ** Rashbam Bava Batra 66a s.v. le’olam holds it doesn’t have tumah at all. The gemara backed down from any idea of flat wooden utensils having tumah unless they are susceptible to midras if they are designated for sitting, leaning, or standing on. (It is a dispute if flat wooden utensils can have midras, see Taz 201:31 and Tosfot Shabbat 44b.) Maharam Paduah responsa 31 writes that we hold like the Rashbam and Rashi Sukkah 15a s.v. amar agrees. | ||
** Tosfot Bava Batra 66a s.v. vshani holds that they have rabbinic tumah and the pasuk that the Torat Kohanim cited is only an asmachta. The Mishna Lmelech Kelim 4:1 and Korban Netanel Sukkah 1:29:300 explain that the Rambam agrees. The Korban Netanel Sukkah 1:29:300 writes that the Rosh also holds it is rabbinic. This approach of the Tosfot, Rambam, and Rosh is well accepted. The Mishna Achrona Kelim 16:2 writes that mefarshim all hold it is only rabbinic. Aruch Hashulchan YD 201:87, Chazon Ish YD 134:5, and Chelkat Binyamin 201:511 holds like it. | ** Tosfot Bava Batra 66a s.v. vshani holds that they have rabbinic tumah and the pasuk that the Torat Kohanim cited is only an asmachta. Tosfot Eruvin 31a s.v. bpeshutei agrees. The Mishna Lmelech Kelim 4:1 and Korban Netanel Sukkah 1:29:300 explain that the Rambam agrees. The Korban Netanel Sukkah 1:29:300 writes that the Rosh also holds it is rabbinic. This approach of the Tosfot, Rambam, and Rosh is well accepted. The Mishna Achrona Kelim 16:2 writes that mefarshim all hold it is only rabbinic. Aruch Hashulchan YD 201:87, Chazon Ish YD 134:5, and Chelkat Binyamin 201:511 holds like it. | ||
** Rashba Bava Batra 66b s.v. veha’amar quotes an opinion that it is Biblically tameh. In fact the Torat Kohanim learns that this category of flat wooden utensils is tameh from a pasuk. Tosfot Sukkah 5a s.v. misgarto and Menachot 96b s.v. livrei explain that the gemara Menachot actually asks whether items that service people land utensils have tumah Biblically or rabbinically and leaves it unresolved. | ** Rashba Bava Batra 66b s.v. veha’amar quotes an opinion that it is Biblically tameh. In fact the Torat Kohanim learns that this category of flat wooden utensils is tameh from a pasuk. Tosfot Sukkah 5a s.v. misgarto and Menachot 96b s.v. livrei explain that the gemara Menachot actually asks whether items that service people land utensils have tumah Biblically or rabbinically and leaves it unresolved. | ||
* Are wide flat wooden utensils tameh? Tosfot Sukkah and Menachot in one answer say that a large flat baker’s tray is rabbinically susceptible to tumah because it is so wide and useful like a utensil with a receptacle. This idea is based on Rashi Menachot 96b s.v. tameha. Rashba Bava Batra 66b vyesh quotes some who say that any tray which serves utensils and not people is susceptible to rabbinic tumah. Shach 201:45 writes that flat wooden utensils | * Are wide flat wooden utensils tameh? Tosfot Sukkah and Menachot in one answer say that a large flat baker’s tray is rabbinically susceptible to tumah because it is so wide and useful like a utensil with a receptacle. Tosfot Eruvin 31a s.v. bpeshutei quotes the Ri as agreeing. This idea is based on Rashi Menachot 96b s.v. tameha. Rashba Bava Batra 66b vyesh quotes some who say that any tray which serves utensils and not people is susceptible to rabbinic tumah. Shach 201:45 writes that flat wooden utensils aren’t susceptible to rabbinic tumah. | ||
* Is a cane susceptible to tumah? The Rambam Pirush Mishnayot Mikavot 5:5 writes that even though it has no receptacle it is still tameh rabbinically. The Chazon Ish Mikvaot 7:5 explains that it has tumah because it services people and utensils or alternatively it has a small receptacle. However, the Rosh Pirush Mishnayot Mikvaot 5:5 and Hilchot Mikvaot n. 11 hold that a cane doesn’t have tumah at all. Tosfot Yom Tov 5:5 and Simla 201:84 point out this dispute. | * Is a cane susceptible to tumah? The Rambam Pirush Mishnayot Mikavot 5:5 writes that even though it has no receptacle it is still tameh rabbinically. The Chazon Ish Mikvaot 7:5 explains that it has tumah because it services people and utensils or alternatively it has a small receptacle. However, the Rosh Pirush Mishnayot Mikvaot 5:5 and Hilchot Mikvaot n. 11 hold that a cane doesn’t have tumah at all. Tosfot Yom Tov 5:5 and Simla 201:84 point out this dispute.</ref> | ||
</ref> | |||
===If the water would have reached the mikveh anyway=== | ===If the water would have reached the mikveh anyway=== | ||
# If the mikveh is created with something that is susceptible to tumah but the water would have flowed that way anyway to create the mikveh, the mikveh is valid.<ref>Shulchan Aruch 201:35, Shach 201:103</ref> | # If the mikveh is created with something that is susceptible to tumah but the water would have flowed that way anyway to create the mikveh, the mikveh is valid.<ref>Shulchan Aruch 201:35, Shach 201:103</ref> | ||
| Line 336: | Line 335: | ||
===Indirectly using something that is susceptible to tumah=== | ===Indirectly using something that is susceptible to tumah=== | ||
# Using a vessel which is susceptible to tumah even if it is only indirectly holding the water is a problem. <ref>Hod Yosef 71 shows from Rambam Parah 6:8 that havaya al yadey dvar mekabel tumah is a problem even if it is only koach sheni and used to help along the water.</ref> | # Using a vessel which is susceptible to tumah even if it is only indirectly holding the water is a problem. <ref>Hod Yosef 71 shows from Rambam Parah 6:8 that havaya al yadey dvar mekabel tumah is a problem even if it is only koach sheni and used to help along the water.</ref> | ||
==Connecting Pits of Water that Overflow== | ==Connecting Pits of Water that Overflow== | ||
# If there are three pits of twenty seah each, the middle one filled with drawn water and the others rainwater, and three people dip in these pits so that they overflow and connect, they are just as unfit as they were beforehand.<ref>The Mishna Mikvaot 6:3 states that if there are three pits of twenty seah each and the drawn water one is in the middle and three people go in the mikveh the pits are just as unfit as they were beforehand. The Rosh and Rash explain that drawn water doesn’t invalidate the others since it entered through hamshacha and there was a majority of rainwater in the pit in which it fell into. Yet, they aren’t valid since the two pits of rainwater didn’t connect. Shulchan Aruch 201:55 codifies this mishna. Shach 201:121 quotes the Rosh. Taz 201:69 adds another reason to be lenient in that he explains that the water isn’t going to completely move from one pit to another.</ref> | # If there are three pits of twenty seah each, the middle one filled with drawn water and the others rainwater, and three people dip in these pits so that they overflow and connect, they are just as unfit as they were beforehand.<ref>The Mishna Mikvaot 6:3 states that if there are three pits of twenty seah each and the drawn water one is in the middle and three people go in the mikveh the pits are just as unfit as they were beforehand. The Rosh and Rash explain that drawn water doesn’t invalidate the others since it entered through hamshacha and there was a majority of rainwater in the pit in which it fell into. Yet, they aren’t valid since the two pits of rainwater didn’t connect. Shulchan Aruch 201:55 codifies this mishna. Shach 201:121 quotes the Rosh. Taz 201:69 adds another reason to be lenient in that he explains that the water isn’t going to completely move from one pit to another.</ref> | ||
