Mikvaot: Difference between revisions
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==Niddah and Zavah== | ==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 Rashi Shabbat 65 s.v. vsaver cites that a zavah needs to dip in a mayan and a mikveh is insufficient, Rashi rejects it in several places based on a Tosefta Zavim 3:1. See Rashi Bechorot 58b s.v. mikveh. [http://www.hebrewbooks.org/pdfpager.aspx?req=30774&st=&pgnum=49 Shaarei Teshuva of the Geonim 164] written by Rav | # 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 Rashi Shabbat 65 s.v. vsaver cites that a zavah needs to dip in a mayan and a mikveh is insufficient, Rashi rejects it in several places based on a Tosefta Zavim 3:1. See Rashi Bechorot 58b s.v. mikveh. [http://www.hebrewbooks.org/pdfpager.aspx?req=30774&st=&pgnum=49 Shaarei Teshuva of the Geonim 164] written by Rav Natronai Goan holds that a zavah. Tosefta Megillah 1:11 explicitly holds that a Zavah doesn’t need a mayan. The Ramban Vayikra 15:11 points out that the simple explanation of the pesukim is that a zavah can’t go in a mikveh and needs a mayan but that isn’t the explanation of chazal. Rav Yakov Emden in Yavetz responsa 88 defends the teacher of Rashi by saying we don’t follow the Tosefta. See Aruch Lener Niddah 67a who provides another defense of this approach. Either way, this opinion was rejected by many poskim. Rambam Pirush Mishnayot Mikvaot 5:5 and Rosh ad loc. hold that a zavah doesn’t need a mayan. Bet Yosef YD 200:1 quotes the Rambam Mikveh 1:5, Rashba Shaar Hamayim 1, Tur and Shulchan Aruch YD 200:1 conclude that a zavah is purified by a mikveh. The Bach 200:2 explains that really this opinion is only rabbinic and it is supported by Nedarim 40b. Either way the Bach concludes that it was rejected by all of the poskim.</ref> | ||
==Mikveh’s Minimum Measurements== | ==Mikveh’s Minimum Measurements== | ||
# A mikveh requires 40 seah at a minimum. The size of 40 seah is measured by 1 amah x 1 amah x 3 amot.<ref>The Gemara Avoda Zara 75b derives from Torah that a mikveh requires 40 seah at a minimum, which is measured by 1 amah x 1 amah x 3 amot. The same idea is found in Eruvin 4b and [http://www.hebrewbooks.org/pdfpager.aspx?req=14026&st=&pgnum=148 Torat Kohanim Shemini 9]. </ref> A person who goes to the mikveh needs to go in it completely at one time and be completely covered by the water at one time.<ref>Bet Yosef YD 198:1 cites the Sifra Emor 4:7 which derives from the pasuk Vayikra 22:6 that a person is only purified by going to the mikveh if one is completely covered by the water at one time. That is codified by Shulchan Aruch 198:1.</ref> | # A mikveh requires 40 seah at a minimum. The size of 40 seah is measured by 1 amah x 1 amah x 3 amot.<ref>The Gemara Avoda Zara 75b derives from Torah that a mikveh requires 40 seah at a minimum, which is measured by 1 amah x 1 amah x 3 amot. The same idea is found in Eruvin 4b and [http://www.hebrewbooks.org/pdfpager.aspx?req=14026&st=&pgnum=148 Torat Kohanim Shemini 9]. </ref> A person who goes to the mikveh needs to go in it completely at one time and be completely covered by the water at one time.<ref>Bet Yosef YD 198:1 cites the Sifra Emor 4:7 which derives from the pasuk Vayikra 22:6 that a person is only purified by going to the mikveh if one is completely covered by the water at one time. That is codified by Shulchan Aruch 198:1.</ref> | ||
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==Sheuvim== | ==Sheuvim== | ||
# If the entirety of the mikveh or a majority of it is sheuvim (drawn water) it is invalid. Some poskim hold that it is Biblically invalid<ref>Rabbenu Tam (Tosfot Pesachim 17b, Bava Batra 66a s.v. leolam), Rashbam Bava Batra 66a s.v. leolam, Tur 201:3 quoting the Rosh, Rama 201:3</ref> and others hold that it is only rabbinically invalid.<ref>Ri (Tosfot Pesachim 17b s.v. elah), Rambam Mikvaot 4:2, Ramban (Bava Batra 65 s.v. shani) explaining the Rif and Geonim</ref> Some rishonim think that it is Biblically invalid if it is filled up with water that was drawn with a kli that are susceptible to tumah and only rabbinically invalid if it is filled up with water that was drawn in a kli that isn’t susceptible to tumah.<ref>Rash Mikavot 2:3 cited by Bet Yosef 201:3. Shaarei Mikavot (Shaar Hatziyun 4) writes that the Lechem Vsimla think that the Rash retracted at the end while the Radvaz and Minchat Yitzchak hold that the Rash didn’t retract.</ref> | # If the entirety of the mikveh or a majority of it is sheuvim (drawn water) it is invalid. Some poskim hold that it is Biblically invalid<ref>Rabbenu Tam (Tosfot Pesachim 17b, Bava Batra 66a s.v. leolam), Rashbam Bava Batra 66a s.v. leolam, Rashi Pesachim 16a s.v. yeheyeh (as understood by Teshuvot Rid 1), Tur 201:3 quoting the Rosh, Rama Y.D. 201:3</ref> and others hold that it is only rabbinically invalid.<ref>Ri (Tosfot Pesachim 17b s.v. elah), Rambam Mikvaot 4:2, Ramban (Bava Batra 65 s.v. shani) explaining the Rif and Geonim</ref> Some rishonim think that it is Biblically invalid if it is filled up with water that was drawn with a kli that are susceptible to tumah and only rabbinically invalid if it is filled up with water that was drawn in a kli that isn’t susceptible to tumah.<ref>Rash Mikavot 2:3 cited by Bet Yosef 201:3. Shaarei Mikavot (Shaar Hatziyun 4) writes that the Lechem Vsimla think that the Rash retracted at the end while the Radvaz and Minchat Yitzchak hold that the Rash didn’t retract.</ref> | ||
# Ashkenazim hold that it is a Biblical invalidation, while Sephardim hold it is only rabbinic.<Ref>Rama 201:3 writes that sheuvim is Biblical. The Shulchan Aruch 201:53 implies that it is only rabbinic. The Divrei Yosef p. 398 writes that this is the opinion of Shulchan Aruch. Shaarei Mikvaot 201:18 agrees. Chelkat Binyamin 201:920 writes that it is a dispute between the Shach and Taz whether Shulchan Aruch holds that it is Biblical or rabbinic. </ref> | # Ashkenazim hold that it is a Biblical invalidation, while Sephardim hold it is only rabbinic.<Ref>Rama 201:3 writes that sheuvim is Biblical. The Shulchan Aruch 201:53 implies that it is only rabbinic. The Divrei Yosef p. 398 writes that this is the opinion of Shulchan Aruch. Shaarei Mikvaot 201:18 agrees. Chelkat Binyamin 201:920 writes that it is a dispute between the Shach and Taz whether Shulchan Aruch holds that it is Biblical or rabbinic. </ref> | ||
===Intention=== | ===Intention=== | ||
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# Moving snow with something that is susceptible to tumah isn’t an issue.<ref>Chatom Sofer 1:200 explains that there’s no issue of hava al yaday tumah for snow since it isn’t mekabel tumah. He says that the basis for all of mikvaot is that the water of the mikveh is tahor and automatically remains tahor as long it is connected to the ground. Because it is tahor and stays tahor it can purify other things as well. </ref> | # Moving snow with something that is susceptible to tumah isn’t an issue.<ref>Chatom Sofer 1:200 explains that there’s no issue of hava al yaday tumah for snow since it isn’t mekabel tumah. He says that the basis for all of mikvaot is that the water of the mikveh is tahor and automatically remains tahor as long it is connected to the ground. Because it is tahor and stays tahor it can purify other things as well. </ref> | ||
==Hamshacha== | ==Hamshacha== | ||
# Cement absorbs water and is fit for hamshacha.<ref>Maharshag 1:65 citing experts writes that cement is water penetrable. Binyamin 201:668 writes that the poskim hold cement works for hamshacha. Minchat Yitzchak 1:142 agrees with maharshag about cement. However, the Divrei Yatziv 117 writes that it is preferable not to use cement since some question if it can absorb water. Mishneh Halachot 16:49 cites this. | # Cement absorbs water and is fit for hamshacha.<ref>Maharshag 1:65 citing experts writes that cement is water penetrable. Binyamin 201:668 writes that the poskim hold cement works for hamshacha. Minchat Yitzchak 1:142 agrees with maharshag about cement. However, the Divrei Yatziv 117 writes that it is preferable not to use cement since some question if it can absorb water. Mishneh Halachot 16:49 cites this. | ||
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# A colored mikveh can be fixed by having it connected to a spring.<ref>Rashba Shaar Hamayim 11 cited by Bet Yosef 201:28, Shulchan Aruch YD 201:28</ref> | # A colored mikveh can be fixed by having it connected to a spring.<ref>Rashba Shaar Hamayim 11 cited by Bet Yosef 201:28, Shulchan Aruch YD 201:28</ref> | ||
# A colored mikveh can be fixed by having more water added to it to change its color back to regular water. If the mikveh has 40 seah the water added can even be drawn water.<ref>Mishna Mikvaot 7:3 states that a mikveh that has 40 seah and its water changed colors is invalid unless water is added and that water can even be drawn. The [http://www.hebrewbooks.org/pdfpager.aspx?req=8785&pgnum=111 Raavad Baalei Hanefesh p. 111], Rambam Mikvaot 7:9, Tur and Shulchan Aruch YD 201:25 agree.</ref> | # A colored mikveh can be fixed by having more water added to it to change its color back to regular water. If the mikveh has 40 seah the water added can even be drawn water.<ref>Mishna Mikvaot 7:3 states that a mikveh that has 40 seah and its water changed colors is invalid unless water is added and that water can even be drawn. The [http://www.hebrewbooks.org/pdfpager.aspx?req=8785&pgnum=111 Raavad Baalei Hanefesh p. 111], Rambam Mikvaot 7:9, Tur and Shulchan Aruch YD 201:25 agree.</ref> | ||
# A spring isn’t susceptible to the invalidation of having its water change colors.<ref>The Mishna Mikvaot 7:3 establishes that colored or dirty water doesn’t invalidate the mikveh because of a change of color. [http://www.hebrewbooks.org/pdfpager.aspx?req=8785&pgnum=111 Raavad Baalei Hanefesh p. 111] explains that unless the actual coloring agent such as wine or dye is added to the mikveh it doesn’t invalidate it because of a change of color. Shulchan Aruch 201:27 generally accepts the Raavad. Shach 201:64 quotes the Raavad.</ref> | # A spring isn’t susceptible to the invalidation of having its water change colors.<ref>The Mishna Mikvaot 7:3 establishes that colored or dirty water doesn’t invalidate the mikveh because of a change of color. [http://www.hebrewbooks.org/pdfpager.aspx?req=8785&pgnum=111 Raavad Baalei Hanefesh p. 111] explains that unless the actual coloring agent such as wine or dye is added to the mikveh it doesn’t invalidate it because of a change of color. Shulchan Aruch 201:27 generally accepts the Raavad. Shach 201:64 quotes the Raavad.</ref> | ||
# If part of the mikveh changed colors that area doesn’t count towards the mikveh but if there’s 40 seah that is unchanged it is a kosher mikveh if one dips in the area that didn’t change colors.<ref>Rambam Mikvaot 7:9, Shulchan Aruch 201:26</ref> | # If part of the mikveh changed colors that area doesn’t count towards the mikveh but if there’s 40 seah that is unchanged it is a kosher mikveh if one dips in the area that didn’t change colors.<ref>Rambam Mikvaot 7:9, Shulchan Aruch 201:26</ref> | ||
# A mikveh that changed colors on its own is valid.<ref>Rambam Mikavot 7:12, Shulchan Aruch 201:27</ref> | # A mikveh that changed colors on its own is valid.<ref>Rambam Mikavot 7:12, Shulchan Aruch 201:27</ref> | ||
# A colored mikveh is only invalid if the actual coloring agent is added to the mikveh such as wine or dye, but not if it is only colored because of something else such as colored or dirty water.<ref>Shulchan Aruch 201:27</ref> | |||
# A mikveh that was incomplete and wine was added so that the color of all of it changed then even if drawn water is then added it isn’t invalidated because of drawn water because while it is invalid as a colored mikveh being drawn doesn’t invalidate it. Afterwards if more water is added such that the whole mikveh returns to the original color it is fit.<ref>Raavad Mikvaot 7:12 based on Tosefta Mikvaot 5:8 writes that while the water was invalid because of having its color changed it can’t become invalid as drawn water since it isn’t considered water at all. Afterwards once more water is added and its original color returns it is fit. Rama 201:29 codifies the Raavad.</ref> | # A mikveh that was incomplete and wine was added so that the color of all of it changed then even if drawn water is then added it isn’t invalidated because of drawn water because while it is invalid as a colored mikveh being drawn doesn’t invalidate it. Afterwards if more water is added such that the whole mikveh returns to the original color it is fit.<ref>Raavad Mikvaot 7:12 based on Tosefta Mikvaot 5:8 writes that while the water was invalid because of having its color changed it can’t become invalid as drawn water since it isn’t considered water at all. Afterwards once more water is added and its original color returns it is fit. Rama 201:29 codifies the Raavad.</ref> | ||
# Some poskim hold that a mikveh that is incomplete and invalidated because 3 lug or more of drawn water was added can be fixed as follows: wine is added so that the entire mikveh changes the look of wine, then more water is added until its original color returns. However, many poskim hold that this isn’t solution doesn’t work.<ref>Chelkat Binyamin 201:432 cites a dispute between the Chazon Ish Mikvaot 5:13 and the Maharsham 3:11 whether it is possible to fix a mikveh by changing its color and then returning its color. The Maharsham held that it is possible to fix since once it turns into colored water the invalidation of drawn water doesn’t count and when its color returns it is a kosher mikveh. Bet Shlomo 1:171, Bet Yitzchak 2:41, and others agreed. However, the Chazon Ish held that the only time drawn water doesn’t invalidate a colored mikveh is if it colored the mikveh prior to the drawn water entering. However, once a mikveh is invalid because of drawn water it remains invalid.</ref> Even the lenient opinion can be relied upon if the original invalidation was only rabbinic and not Biblical.<ref>Chelkat Binyamin 201:432 writes that one can only use the solution of the Maharsham if the invalidation was rabbinic but if it is Biblical it doesn’t work since the entire concept of having the waters change colors is only rabbinic to begin with according to many poskim.</ref> | # Some poskim hold that a mikveh that is incomplete and invalidated because 3 lug or more of drawn water was added can be fixed as follows: wine is added so that the entire mikveh changes the look of wine, then more water is added until its original color returns. However, many poskim hold that this isn’t solution doesn’t work.<ref>Chelkat Binyamin 201:432 cites a dispute between the Chazon Ish Mikvaot 5:13 and the Maharsham 3:11 whether it is possible to fix a mikveh by changing its color and then returning its color. The Maharsham held that it is possible to fix since once it turns into colored water the invalidation of drawn water doesn’t count and when its color returns it is a kosher mikveh. Bet Shlomo 1:171, Bet Yitzchak 2:41, and others agreed. However, the Chazon Ish held that the only time drawn water doesn’t invalidate a colored mikveh is if it colored the mikveh prior to the drawn water entering. However, once a mikveh is invalid because of drawn water it remains invalid.</ref> Even the lenient opinion can be relied upon if the original invalidation was only rabbinic and not Biblical.<ref>Chelkat Binyamin 201:432 writes that one can only use the solution of the Maharsham if the invalidation was rabbinic but if it is Biblical it doesn’t work since the entire concept of having the waters change colors is only rabbinic to begin with according to many poskim.</ref> | ||
# It is permitted to add chlorine powder to a complete mikveh if it doesn’t change its color.<ref>Mesorat Moshe v. 2 p. 229</ref> | # It is permitted to add chlorine powder to a complete mikveh if it doesn’t change its color.<ref>Mesorat Moshe v. 2 p. 229</ref> | ||
==Creation of a Mikveh through Something Susceptible to Tumah== | ==Creation of a Mikveh through Something Susceptible to Tumah== | ||
# 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> | ||
