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Mikvaot: Difference between revisions
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# A momentary hashaka according to most poskim is enough to validate the drawn water. However, because there are some who disagree it is preferable to be strict.<ref>The Rosh responsa 31:2 writes that a momentary hashaka is sufficient. One of his proofs is Mishna Mikvaot 6:3. Rabbenu Yerucham 26:5 writes that some said it was invalid and others said it was valid. Shulchan Aruch 201:53 follows the Rosh, but the Shach 201:112 writes that it is better to be strict for the stringent opinion to have a continuous hashaka between the rainwater and the drawn water.</ref> | # A momentary hashaka according to most poskim is enough to validate the drawn water. However, because there are some who disagree it is preferable to be strict.<ref>The Rosh responsa 31:2 writes that a momentary hashaka is sufficient. One of his proofs is Mishna Mikvaot 6:3. Rabbenu Yerucham 26:5 writes that some said it was invalid and others said it was valid. Shulchan Aruch 201:53 follows the Rosh, but the Shach 201:112 writes that it is better to be strict for the stringent opinion to have a continuous hashaka between the rainwater and the drawn water.</ref> | ||
===Hashaka with Zochlin=== | ===Hashaka with Zochlin=== | ||
Igrot Moshe YD 1:113 writes that if a mikveh is kosher and moving it is still possible to have a connection to a kosher mikveh to permit it. Even though a moving mikveh isn’t fit for tevilah it is a kosher mikveh to permit another mikveh. His proof is from the Rash Mikvaot 3:3 who says that | #Igrot Moshe YD 1:113 writes that if a mikveh is kosher and moving it is still possible to have a connection to a kosher mikveh to permit it. Even though a moving mikveh isn’t fit for tevilah it is a kosher mikveh to permit another mikveh. His proof is from the Rash Mikvaot 3:3 who says that if rainwater is coming into a mikveh and there’s water pouring out of the mikveh that is an acceptable way to validate the mikveh. Bet Yosef 201:20 and Shach 201:55 cite this. However, Shaarei Mikvaot 201:96 is strict based on the Maharit 2:18. Mishneh Halachot 10:156 is strict. He quotes Maharam Shik 198 who is also strict. | ||
Chazon Ish 3 is strict and suggests either having the zeriya hole above where the water enters or having a plug | #Chazon Ish (Tinanya 8:1) holds that a zochlin mikveh is invalid and cannot create hashaka to purify sheuvim. His proof is from the concept of mey tamsiyot shelo pasku. He understands from Raavad that it requires a reviyit to be kosher and therefore it needs the status of a mikveh which is stationary for hashaka to be operative. Chazon Ish 3 is strict and suggests either having the zeriya hole above where the water enters or having a plug. | ||
Chelkat Yakov 111 is strict but it isn’t an issue if a little water at the end comes while it is moving since a majority of mikveh was already kosher with standing zeriya. | #Chelkat Yakov 111 is strict but it isn’t an issue if a little water at the end comes while it is moving since a majority of mikveh was already kosher with standing zeriya. | ||
===Hashaka between Shuevim or Mey Geshamim and a Mayan=== | ===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> | # 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> | ||
