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→Creation of a Mikveh through Something Susceptible to Tumah
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==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>Rash Mikvaot 2:3, Chatom Sofer 199:5 | # 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, Tur and Shulchan Aruch Y.D. 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. Rambam holds that this is only an invalidation for mayan and not mikveh. We follow the Rash and Rosh.</ref> This invalidation is biblical.<Ref>Rash (Mikvaot 2:3 and 5:5), Rashi (Zevachim 25b s.v. havayatan), Rosh (Mikvaot n. 11), and Tur 201:48. Chatom Sofer 199:5 and Chazon Ish (Mikvaot 3:17) hold this invalidation of creating a mikveh through something that was susceptible to tumah is biblical since it is learned from a pasuk. Chelkat Binyamin 201:679 agrees. (See, however, Ritva (Bava Batra 66a s.v. vha) who seems to understand that this biblical derivation only applies to kelim but not anything which is susceptible to tumah such as a person.) | ||
* Not all rishonim agree that this is a pasul at all for mikveh. | * Not all rishonim agree that this is a pasul at all for mikveh. Yereyim 26 writes that the derivation of Zevachim 25b only applies to a mayan but not a mikveh. Mordechai (Shevuot 746, cited by Bet Yosef 201:48) quotes this Yereyim as well as Rabbenu Shmuel who agrees. Bet Yosef 201:48 and Mishna Achrona (Parah 6:4) add that Rambam also holds like this. See also Lechem Vsimla (201:16:5 s.v. harambam). However, Rashi (Zevachim 25b s.v. havaytan) writes that the gemara is relevant even to a 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> | # 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 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> | # 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. 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. | ** 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. 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. | * 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 s.v. 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.</ref> | * 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 (Mikvaot 5:5) and Simla 201:84 point out this dispute.</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 Y.D. 201:35, Shach 201:103</ref> | ||
# If the water flows over something that is susceptible to tumah but the water afterwards flows over wood, dirt, or something that isn’t susceptible to tumah at all the resultant mikveh is kosher.<ref>The Rosh Mikvaot n. 12 explains that if there’s a separation between the vessel that is susceptible to tumah and the mikveh it is kosher. His proof is that Zevachim 25b considered to permit the mikveh because of the airspace in which the water was flowing. Shulchan Aruch 201:48 codifies the Rosh.</ref> Some say that this is only true if the water would have flowed into the mikveh without the vessel that is susceptible to tumah.<ref>Chatom Sofer 199</ref> | # If the water flows over something that is susceptible to tumah but the water afterwards flows over wood, dirt, or something that isn’t susceptible to tumah at all the resultant mikveh is kosher.<ref>The Rosh Mikvaot n. 12 explains that if there’s a separation between the vessel that is susceptible to tumah and the mikveh it is kosher. His proof is that Zevachim 25b considered to permit the mikveh because of the airspace in which the water was flowing. Shulchan Aruch 201:48 codifies the Rosh.</ref> Some say that this is only true if the water would have flowed into the mikveh without the vessel that is susceptible to tumah.<ref>Chatom Sofer 199</ref> | ||
===Stopping Water from Exiting=== | ===Stopping Water from Exiting=== | ||
# If a vessel that is susceptible to tumah is used to plug up a hole in the mikveh the entire mikveh is invalid because without that plug the mikveh would be invalid as the water would flow up and having the plug there is considered creating a mikveh with something that is susceptible to tumah.<ref>The Rash Mikvaot 5:5 explains that a plug that prevents water from exiting a mikveh that otherwise would be invalid as the water is flowing is invalid since the plug is considered like creating a mikveh with something that is susceptible to tumah. The Rosh Mikvaot 11 disagrees. Tur 201:50 explains that the Rosh argues that preventing water from escaping isn’t an issue, it is only an issue to gather water into a mikveh using something that is susceptible to tumah. Shulchan Aruch 201:50 cites both opinions.</ref> | # If a vessel that is susceptible to tumah is used to plug up a hole in the mikveh the entire mikveh is invalid because without that plug the mikveh would be invalid as the water would flow up and having the plug there is considered creating a mikveh with something that is susceptible to tumah.<ref>The Rash Mikvaot 5:5 explains that a plug that prevents water from exiting a mikveh that otherwise would be invalid as the water is flowing is invalid since the plug is considered like creating a mikveh with something that is susceptible to tumah. The Rosh Mikvaot 11 disagrees. Tur 201:50 explains that the Rosh argues that preventing water from escaping isn’t an issue, it is only an issue to gather water into a mikveh using something that is susceptible to tumah. Shulchan Aruch 201:50 cites both opinions.</ref> | ||
# If a vessel that is susceptible to tumah is used to repair a mikveh when the mikveh is completely valid but without the repair there is a concern it will later become invalid, the mikveh is valid.<ref>The Nodeh Beyehuda 2:137 writes that if a mikveh is currently valid and there is a concern that water is being absorbed in the ground boards can be nailed down. If the nails are new then they aren’t susceptible to tumah since they are being used to service the ground from the beginning of their use. However, if they are old nails they are susceptible to tumah but nonetheless they can be used. His reason is that since the mikveh is currently valid continuing to keep it valid isn’t considered creating a mikveh with something that is susceptible to tumah. | # If a vessel that is susceptible to tumah is used to repair a mikveh when the mikveh is completely valid but without the repair there is a concern it will later become invalid, the mikveh is valid.<ref>The Nodeh Beyehuda 2:137 writes that if a mikveh is currently valid and there is a concern that water is being absorbed in the ground boards can be nailed down. If the nails are new then they aren’t susceptible to tumah since they are being used to service the ground from the beginning of their use. However, if they are old nails they are susceptible to tumah but nonetheless they can be used. His reason is that since the mikveh is currently valid continuing to keep it valid isn’t considered creating a mikveh with something that is susceptible to tumah. | ||
Pitchei Teshuva 201:35 quotes this. Chatom Sofer | Pitchei Teshuva 201:35 quotes this. Chatom Sofer YD 204 agrees.</ref> | ||
===If Water is Attached to the Mikveh or Spring=== | ===If Water is Attached to the Mikveh or Spring=== | ||
