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Mikvaot: Difference between revisions
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==Hamshacha== | ==Hamshacha== | ||
# A mikveh that has 20 seah and a bit<ref> Tashbetz 1:17 holds that one should be strict for Rashi Nazir 38a who holds that it is necessary to have 21 seah before the hamshacha. Bet Yosef 201:44 and Shulchan Aruch argue that a simply majority of the 40 seah is necessary and nothing more.</ref> of rainwater and the rest of the mikveh is filled up with drawn water that was drawn along the ground is kosher.<Ref>The Gemara Temurah 12a records a dispute between Rabbi Eliezer Ben Yakov and Rabbanan whether hamshacha works for the entire mikveh or just the minority of the mikveh. Some rishonim held that we follow Rabbanan and validated a mikveh that was made completely of drawn water. The Rambam Mikvaot 4:9 writes that some rabbis of the west ruled that hamshacha works for the entire mikveh. He disagrees and instead rules like Rabbi Eliezer Ben Yakov since the Mishna Mikvaot 4:4 follows his opinion. The Tosfot Temurah 12b, Rosh Mikvaot n. 7, Raavad (cited by Bet Yosef 201:44), and Rivash 125 agree with the Rambam. | # A mikveh that has 20 seah and a bit<ref> Tashbetz 1:17 holds that one should be strict for Rashi Nazir 38a who holds that it is necessary to have 21 seah before the hamshacha. Bet Yosef 201:44 and Shulchan Aruch argue that a simply majority of the 40 seah is necessary and nothing more.</ref> of rainwater and the rest of the mikveh is filled up with drawn water that was drawn along the ground is kosher.<Ref>The Gemara Temurah 12a records a dispute between Rabbi Eliezer Ben Yakov and Rabbanan whether hamshacha works for the entire mikveh or just the minority of the mikveh. Some rishonim held that we follow Rabbanan and validated a mikveh that was made completely of drawn water. The Rambam Mikvaot 4:9 writes that some rabbis of the west ruled that hamshacha works for the entire mikveh. He disagrees and instead rules like Rabbi Eliezer Ben Yakov since the Mishna Mikvaot 4:4 follows his opinion. The Tosfot Temurah 12b, Rosh Mikvaot n. 7, Raavad (cited by Bet Yosef 201:44), and Rivash 125 agree with the Rambam. | ||
* The Rif: The Ran Shevuot 5b s.v. maleh explains that the Rif and Rash hold that hamshacha works for the entire mikveh. Rashba 3:228 and Ramban b”b 65b also explain the Rif in the same way. The Bet Yosef 201:44 argues in fact the Rif agreed with the Rambam. Shulchan Aruch 201:44 codifies the opinion of the Rambam and Rosh. | * The Rif: The Ran Shevuot 5b s.v. maleh explains that the Rif and Rash hold that hamshacha works for the entire mikveh. Rashba 3:228 and Ramban b”b 65b also explain the Rif in the same way. The Bet Yosef 201:44 argues in fact the Rif agreed with the Rambam. Shulchan Aruch 201:44 codifies the opinion of the Rambam and Rosh. | ||
* The Rash Mikvaot 4:4 explains that opinion of the Mishna is that hamshacha only works if the drawn water mixes with rainwater before they fall into the mikveh. Rabbi Eliezer Ben Yakov in the Tosefta however doesn’t require that. Rosh Mikvaot n. 7 discusses this question and concludes leniently.</ref> | * The Rash Mikvaot 4:4 explains that opinion of the Mishna is that hamshacha only works if the drawn water mixes with rainwater before they fall into the mikveh. Rabbi Eliezer Ben Yakov in the Tosefta however doesn’t require that. Rash (Mikvaot 2:3) holds that hamshacha works from the Torah for the whole mikveh. Rosh Mikvaot n. 7 discusses this question and concludes leniently.</ref> | ||
# A mikveh that was made completely with drawn water that was drawn along the ground according to a minority opinion is kosher but that opinion isn’t accepted and therefore, such a mikveh is invalid.<ref>Shulchan Aruch YD 201:44. See previous note.</ref> | # A mikveh that was made completely with drawn water that was drawn along the ground according to a minority opinion is kosher but that opinion isn’t accepted and therefore, such a mikveh is invalid.<ref>Shulchan Aruch YD 201:44. See previous note.</ref> | ||
# If drawn water mixes into a majority of rainwater and there’s hamshacha afterwards the mikveh | # If drawn water mixes into a majority of rainwater and there’s hamshacha afterwards the mikveh is valid.<Ref>The Rambam Mikvaot 4:8 writes that hamshacha on a complete mikveh is effective if there was originally a majority of rainwater and then drawn water fell in and then hamshacha occurred. The Bet Yosef 201:44 explains that the Rambam is based on his reading of Temurah 12a that Rabbanan hold hamshacha works for a complete mikveh. He explains that it only means that it works if originally there was a majority of rainwater and then drawn water entered and then the entire mikveh moved. Shulchan Aruch 201:44 follows the Rambam.</ref> | ||
# Hamshacha needs to be the length of 3 tefachim.<ref>Shulchan Aruch 201:45. The Kol Bo 86 quotes the Ri who held that hamshacha needs to be a distance of 3 tefachim otherwise it is lavud. Rivash 83 agrees. Rashba 5:60 holds hamshacha is effective in any amount. Tashbetz 1:49 writes that even though it seems that lavud is irrelevant to hamshacha which is a rule of walls, since the Ri was strict we can’t be lenient. Shulchan Aruch 201:45 is strict. </ref> | # Hamshacha needs to be the length of 3 tefachim.<ref>Shulchan Aruch 201:45. The Kol Bo 86 quotes the Ri who held that hamshacha needs to be a distance of 3 tefachim otherwise it is lavud. Rivash 83 agrees. Rashba 5:60 holds hamshacha is effective in any amount. Tashbetz 1:49 writes that even though it seems that lavud is irrelevant to hamshacha which is a rule of walls, since the Ri was strict we can’t be lenient. Shulchan Aruch 201:45 is strict. </ref> | ||
# According to Ashkenazim, hamshacha needs to be on ground that could absorb water. According to Sephardim it isn’t necessary.<ref>Shulchan Aruch 201:46 and Rama. Raavad quoted by Bet Yosef 201:46 holds that hamshacha on a pipe is effective. However, the Mordechai (Shevuot n. 645) quotes the Yereyim and Rokeach who hold that hamshacha is only effective on dirt that could absorb water. Shulchan Aruch is lenient, while Rama is strict. | # According to Ashkenazim, hamshacha needs to be on ground that could absorb water. According to Sephardim it isn’t necessary.<ref>Shulchan Aruch 201:46 and Rama. Raavad quoted by Bet Yosef 201:46 holds that hamshacha on a pipe is effective. However, the Mordechai (Shevuot n. 645) quotes the Yereyim and Rokeach who hold that hamshacha is only effective on dirt that could absorb water. Shulchan Aruch is lenient, while Rama is strict. | ||
* The Brisker Rav (Chidushei HaGriz Temurah 12a s.v. vheneh) writes that those who held that you need 3 tefachim is because sheuvim is only rabbinic and it needs to be separated from a kli. However, those who held that you need ground that is water penetrable could sheuvim is deoritta and it doesn’t need to be 3 tefachim. </ref> | * The Brisker Rav (Chidushei HaGriz Temurah 12a s.v. vheneh) writes that those who held that you need 3 tefachim is because sheuvim is only rabbinic and it needs to be separated from a kli. However, those who held that you need ground that is water penetrable could sheuvim is deoritta and it doesn’t need to be 3 tefachim. </ref> | ||
# A spring that filled up a mikveh and during the summer it dried out, if a nearby pit is filled up with water and that water drained into the ground and the spring is filled up with that water from the pit the spring can be used as a kosher mikveh.<ref>Shulchan Aruch 201:47. The Rosh responsa 31:11 is lenient about a spring that was refilled with water from a nearby pit since the water in the pit that was absorbed in the ground would certainly be met up with a greater quantity of natural spring water and as such there is hamshacha with a majority of | # Whether hamshacha must be done on top of dirt or can be done on top of a kli attached to the ground is a dispute.<ref>The Mikveh Yisrael explains that there’s a dispute between the Raavad and Rambam whether the water needs to come into contact with the ground or even a vessel that is attached to the ground or even a vessel that isn’t susceptible to tumah is sufficient. Shevet Halevi 4:120 argues that there’s no dispute but any vessel that has a receptacle isn’t fit for hamshacha even if it isn’t susceptible to tumah. Shevet Halevi 4:120 explains that the water needs to actually come in contact with the ground and if the water is gushing quickly over the ground most of it doesn’t have hamshacha.</ref> | ||
# 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 spring that filled up a mikveh and during the summer it dried out, if a nearby pit is filled up with water and that water drained into the ground and the spring is filled up with that water from the pit the spring can be used as a kosher mikveh.<ref>Shulchan Aruch 201:47. The Rosh responsa 31:11 is lenient about a spring that was refilled with water from a nearby pit since the water in the pit that was absorbed in the ground would certainly be met up with a greater quantity of natural spring water and as such there is hamshacha with a majority of spring water. Also, the spring isn’t invalidated with drawn water. So even though it appears to have dried up it couldn’t completely dry up. Shach and Taz are lenient for Ashkenazim even they wouldn’t hold of the second reason of the Rosh.</ref> | |||
==Hashaka== | ==Hashaka== | ||
