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Mikvaot: Difference between revisions
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===Intention=== | ===Intention=== | ||
# Water in a vessel is only considered drawn if it was gathered in the vessel intentionally.<ref>Mishna Mikvaot 4:1, Tur and Shulchan Aruch YD 201:34. | # Water in a vessel is only considered drawn if it was gathered in the vessel intentionally.<ref>Mishna Mikvaot 2:7 and 4:1, Rash (Mikvaot 2:7), Rambam (Hilchot Mikvaot 4:3), Tur and Shulchan Aruch YD 201:34. | ||
* Rashi Shabbat 16b | * Rashi Shabbat 16b s.v. bchetzer seems to hold that water is only sheuvim if his intent is clear to others. Seemingly, this is strange. The reason his intent matter is because if it is intentionally collected it is considered b'yedey adam, made by people, unlike a mayan. But why should it need to be clear to others? Sfat Emet Shabbat 16b notes that Rashi's explanation is difficult. Rabbi Yehuda (Mishna Machshirin 3:6 and Mishna Parah 2:4) holds you need to have a maaseh to be megaleh your daat for your daat to count. Rabbis hold that daat without maaseh is daat. | ||
* See Raavad (cited by Ramban b"b 66b s.v. shani) who holds that water emptied from a kli to a mikveh by itself is also invalid rabbinically.</ref> | * See Raavad (cited by Ramban b"b 66b s.v. shani) who holds that water emptied from a kli to a mikveh by itself is also invalid rabbinically.</ref> | ||
# Water that entered a vessel without the owner realizing isn’t considered sheuvim. If a person left a vessel under a gutter to collect water when it was cloudy then the water collected in the vessel is sheuvim. If the vessel is placed there when it is sunny or when it was cloudy but afterwards the clouds cleared and then it rained, the water insider isn’t sheuvim.<ref> The Gemara Shabbat 16b states that everyone agrees if the vessel was placed outside when it was cloudy that the rainwater it collects is sheuvim, but if the vessel was placed when it was sunny it isn’t sheuvim. There’s a dispute when the vessel was placed when it was cloudy but then the clouds cleared and returned before it rained. The Tur and Shulchan Aruch 201:41 rule that this gemara is relevant to someone who puts a vessel underneath a gutter or just generally in a courtyard outside to collect rainwater. The Rambam Mikvaot 4:4, however, understood it is only relevant to collecting water of a vessel in the field and not under the gutter. A vessel under a gutter is always considered set up to collect water which would create sheuvim. Chelkat Binyamin 201:608 is strict for Rambam.</ref> | # Water that entered a vessel without the owner realizing isn’t considered sheuvim. If a person left a vessel under a gutter to collect water when it was cloudy then the water collected in the vessel is sheuvim. If the vessel is placed there when it is sunny or when it was cloudy but afterwards the clouds cleared and then it rained, the water insider isn’t sheuvim.<ref> The Gemara Shabbat 16b states that everyone agrees if the vessel was placed outside when it was cloudy that the rainwater it collects is sheuvim, but if the vessel was placed when it was sunny it isn’t sheuvim. There’s a dispute when the vessel was placed when it was cloudy but then the clouds cleared and returned before it rained. The Tur and Shulchan Aruch 201:41 rule that this gemara is relevant to someone who puts a vessel underneath a gutter or just generally in a courtyard outside to collect rainwater. The Rambam Mikvaot 4:4, however, understood it is only relevant to collecting water of a vessel in the field and not under the gutter. A vessel under a gutter is always considered set up to collect water which would create sheuvim. He writes this in his explanation of the Mishna (Mikvaot 4:1) as well. Chelkat Binyamin 201:608 is strict for Rambam.</ref> | ||
# When drawing water out of a mikveh and there’s a concern that some of the water will fall back into the mikveh as one is drawing out the water such that 3 lug of drawn water might fall into the mikveh that is lacking and invalidate it. In such a case unless all of the water is removed, if there’s 3 lug of water left it would invalidate the mikveh made on top of it. To avoid this concern one can either draw out the water with a vessel that has a hole of any size such that it couldn’t hold water or empty the mikveh and make sure it is dry before refilling it.<ref>Rosh responsa 30:4 writes that in order to avoiding the mikveh becoming invalid as water is drawn from it, one should let it completely dry or use a vessel with a hole of any size. Mordechai Shavuot n. 746, Rashba Torat Habayit Shaar Hamayim ch. 11, Smak 294, and Rabbenu Yerucham 26:5 agree. Shulchan Aruch 201:40 codifies this practice.</ref> | # When drawing water out of a mikveh and there’s a concern that some of the water will fall back into the mikveh as one is drawing out the water such that 3 lug of drawn water might fall into the mikveh that is lacking and invalidate it. In such a case unless all of the water is removed, if there’s 3 lug of water left it would invalidate the mikveh made on top of it. To avoid this concern one can either draw out the water with a vessel that has a hole of any size such that it couldn’t hold water or empty the mikveh and make sure it is dry before refilling it.<ref>Rosh responsa 30:4 writes that in order to avoiding the mikveh becoming invalid as water is drawn from it, one should let it completely dry or use a vessel with a hole of any size. Mordechai Shavuot n. 746, Rashba (Torat Habayit Shaar Hamayim ch. 11), Smak 294, and Rabbenu Yerucham 26:5 agree. Shulchan Aruch 201:40 codifies this practice.</ref> | ||
# According to most poskim there’s no concern when drawing out water from a spring which isn’t susceptible to the invalidation of sheuvim. However, some are concerned for that and as such require using a vessel that has a hole and can’t hold water or to empty the mikveh completely until it is dry before refilling it. Ashkenazim are strict about this question.<ref>The Rosh responsa 30:4 writes that there’s no need to be concerned for sheuvim in a spring. Maharik 56 writes that one should be strict to be concerned for the opinion that a spring is invalid with shuevim. He isn’t strict after the fact. Trumat Hadeshen 258 is much more concerned for that opinion. Bet Yosef argues with the Trumat Hadeshen. Shulchan Aruch 201:40 codifies the Rosh, but Rama quotes the Trumat Hadeshen.</ref> | # According to most poskim, there’s no concern when drawing out water from a spring which isn’t susceptible to the invalidation of sheuvim. However, some are concerned for that and as such require using a vessel that has a hole and can’t hold water or to empty the mikveh completely until it is dry before refilling it. Ashkenazim are strict about this question.<ref>The Rosh responsa 30:4 writes that there’s no need to be concerned for sheuvim in a spring. Maharik 56 writes that one should be strict to be concerned for the opinion that a spring is invalid with shuevim. He isn’t strict after the fact. Trumat Hadeshen 258 is much more concerned for that opinion. Bet Yosef argues with the Trumat Hadeshen. Shulchan Aruch 201:40 codifies the Rosh, but Rama quotes the Trumat Hadeshen.</ref> | ||
# If there’s a receptacle in the pipe it isn’t considered filled in unless there is a permanent addition to the pipe.<ref>Mishna Mikvaot 4:3 states that if a pipe has a receptacle it isn’t considered filled in if a rock or dirt gets lodged in the receptacle making the pipe smooth. The Rash and Rosh explains that since the rock or dirt isn’t tightly held in the receptacle it isn’t considered part of the pipe. The Rambam explains that it isn’t considered part of the pipe unless it harden like cement in that receptacle. Shulchan Aruch 201:36 codifies this mishna.</ref> | # If there’s a receptacle in the pipe it isn’t considered filled in unless there is a permanent addition to the pipe.<ref>Mishna Mikvaot 4:3 states that if a pipe has a receptacle it isn’t considered filled in if a rock or dirt gets lodged in the receptacle making the pipe smooth. The Rash and Rosh explains that since the rock or dirt isn’t tightly held in the receptacle it isn’t considered part of the pipe. The Rambam explains that it isn’t considered part of the pipe unless it harden like cement in that receptacle. Shulchan Aruch 201:36 codifies this mishna.</ref> | ||
# If rainwater collected in jugs that were placed on the roof to dry the water inside can be used for a mikveh if the jugs are broken in their spot or pushed over. If they are picked up to pour them out the water is invalid.<ref>Mishna Mikvaot 2:7 records a dispute between Rabbi Yehoshua and Rabbi Eliezer if the rainwater inside the jugs left on the roof is considered sheuvim since they weren’t planned to collect water. Rabbi Eliezer is strict unless there’s already water in the pit, while Rabbi Yehoshua is lenient. The halacha is Rabbi Yehoshua. Shulchan Aruch YD 201:42 codifies Rabbi Yehoshua’s opinion. | # If rainwater collected in jugs that were placed on the roof to dry the water inside can be used for a mikveh if the jugs are broken in their spot or pushed over. If they are picked up to pour them out the water is invalid.<ref>Mishna Mikvaot 2:7 records a dispute between Rabbi Yehoshua and Rabbi Eliezer if the rainwater inside the jugs left on the roof is considered sheuvim since they weren’t planned to collect water. Rabbi Eliezer is strict unless there’s already water in the pit, while Rabbi Yehoshua is lenient. The halacha is Rabbi Yehoshua. Shulchan Aruch YD 201:42 codifies Rabbi Yehoshua’s opinion. | ||
