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Mikvaot: Difference between revisions
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→Sheuvim
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==Sheuvim== | ==Sheuvim== | ||
===Deoritta or Derabbanan=== | |||
# If the entirety of the mikveh or a majority<ref>It is clear from Rashbam (Bava Batra 66a s.v. leolam), Rash (Mikvaot 2:3), and Tosfot (Bava Batra 66a) that even those who hold sheuvim is deoritta agree that is only if the majority is sheuvim. However, Ramban (Bava Batra 66b s.v. shani) quotes Rabbenu Tam as holding that if the first 3 lugin are sheuvim it is biblically invalid. </ref> 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 66b s.v. shani) explaining the Rif and Geonim. | # If the entirety of the mikveh or a majority<ref>It is clear from Rashbam (Bava Batra 66a s.v. leolam), Rash (Mikvaot 2:3), and Tosfot (Bava Batra 66a) that even those who hold sheuvim is deoritta agree that is only if the majority is sheuvim. However, Ramban (Bava Batra 66b s.v. shani) quotes Rabbenu Tam as holding that if the first 3 lugin are sheuvim it is biblically invalid. </ref> 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 66b s.v. shani) explaining the Rif and Geonim. | ||
* A major part of this discussion is how to understand the Torat Kohanim which invalidates a mikveh filled up with water drawn on one's shoulder. (1) Rash (Mikvaot 2:3) writes that those who hold that sheuvim is derabbanan hold that the Torat Kohanim is just an asmachta. (2) Rabbenu Tam (Tosfot Bava Batra 66a) who holds that sheuvim is deoritta holds that this Torat Kohanim is discussing sheuvim. (3) Raavad (cited by Ramban b"b 66b) holds that the Torat Kohanim invalidates tefisat yedey adam on a Torah level.</ref> | * A major part of this discussion is how to understand the Torat Kohanim which invalidates a mikveh filled up with water drawn on one's shoulder. (1) Rash (Mikvaot 2:3) writes that those who hold that sheuvim is derabbanan hold that the Torat Kohanim is just an asmachta. (2) Rabbenu Tam (Tosfot Bava Batra 66a) who holds that sheuvim is deoritta holds that this Torat Kohanim is discussing sheuvim. (3) Raavad (cited by Ramban b"b 66b) holds that the Torat Kohanim invalidates tefisat yedey adam on a Torah level.</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 or a person's kli that is 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 writes that if the water was drawn by something that's susceptible to tumah it is biblically invalid based on Zevachim 25b. However, if it was filled with kelim that aren't susceptible to tumah it is only rabbinically invalid. However, in Tosfot (Bava Batra 66a s.v. leolam) agrees with Rabbenu Tam that sheuvim is deoritta. 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. Rashba (Bava Batra 66b s.v. shani) quotes this Rash.</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 or a person's kli that is 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 writes that if the water was drawn by something that's susceptible to tumah it is biblically invalid based on Zevachim 25b. However, if it was filled with kelim that aren't susceptible to tumah it is only rabbinically invalid. Yad Ramah b"b 66b agrees. However, in Tosfot (Bava Batra 66a s.v. leolam) agrees with Rabbenu Tam that sheuvim is deoritta. 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. Rashba (Bava Batra 66b s.v. shani) quotes this Rash.</ref> | ||
##Some rishonim think that if it was filled up intentionally a person it is biblically invalid, but if it was filled in kelim by themselves it is only invalid rabbinically.<ref>Raavad cited by Ramban (Bava Batra 66b s.v. shani) and Rashba (Bava Batra 66b s.v. shani)</ref> | ##Some rishonim think that if it was filled up intentionally a person it is biblically invalid, but if it was filled in kelim by themselves it is only invalid rabbinically.<ref>Raavad cited by Ramban (Bava Batra 66b s.v. shani) and Rashba (Bava Batra 66b s.v. shani)</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> | ||
