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Mikvaot: Difference between revisions
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# What is considered if the water is moving? Some held that it is considered moving even if it isn’t recognizable. Some held that it isn’t considered moving even if there’s movement but the entire mikveh is gushing like a spring. The majority opinion is that it is considered moving only if it is recognizably moving. A minor leak which drains the mikveh slowly but isn’t noticeable by looking at the water surface is permitted and the mikveh is valid.<ref> | # What is considered if the water is moving? Some held that it is considered moving even if it isn’t recognizable. Some held that it isn’t considered moving even if there’s movement but the entire mikveh is gushing like a spring. The majority opinion is that it is considered moving only if it is recognizably moving. A minor leak which drains the mikveh slowly but isn’t noticeable by looking at the water surface is permitted and the mikveh is valid.<ref> | ||
* Rash Mikvaot 5:5 explains that if there’s water coming out of a crack in a wall the mikveh is invalid since it is moving. The Rosh Mikvaot n. 11 and responsa 31:4 writes that a crack in a wall isn’t considered zochlin. It is only considered zochlin if the water is gushing like a spring is. Rabbenu Yerucham 26:5 agrees. Darkei Moshe 201:26 explains that the Mordechai and Agur are strict like the Rash. | * Rash Mikvaot 5:5 explains that if there’s water coming out of a crack in a wall the mikveh is invalid since it is moving. The Rosh Mikvaot n. 11 and responsa 31:4 writes that a crack in a wall isn’t considered zochlin. It is only considered zochlin if the water is gushing like a spring is. Rabbenu Yerucham 26:5 agrees. Darkei Moshe 201:26 explains that the Mordechai and Agur are strict like the Rash. | ||
* Rashba Torat Habayit Shaar 2 writes that a mikveh is valid even if the water is draining slowly because otherwise every pit would be invalid since the earth absorbs the water slowly. Rather if the drainage isn’t recognizable it is valid. Shulchan Aruch 201:51 cites the Rashba. | * [https://beta.hebrewbooks.org/reader/reader.aspx?sfid=9023#p=76 Rashba (Torat Habayit Shaar Hamayim 2)] writes that a mikveh is valid even if the water is draining slowly because otherwise every pit would be invalid since the earth absorbs the water slowly. Rather if the drainage isn’t recognizable it is valid. Shulchan Aruch 201:51 cites the Rashba. | ||
* Gra 201:96 argues that according to the Rosh the invalidation of a mikveh is objective and even if it isn’t recognizable it is invalid. Rav Chaim in his letter and Rav Shternbuch are strict for the Gra.</ref> | * Gra 201:96 argues that according to the Rosh the invalidation of a mikveh is objective and even if it isn’t recognizable it is invalid. Rav Chaim in his letter and Rav Shternbuch are strict for the Gra.</ref> | ||
===Zochlin with water going into the mikveh=== | ===Zochlin with water going into the mikveh=== | ||
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===Zochlin that isn’t recognizable=== | ===Zochlin that isn’t recognizable=== | ||
# If there’s a tiny crack in the mikveh if the water draining is so minimal that it isn’t noticeable the mikveh is still fit.<ref> The Rashba writes that as long as the movement of the mikveh is so minimal that it isn’t noticeable it is fit. Otherwise how could a mikveh dug in a dirt hole be fit since the dirt allows water through. The Shulchan Aruch 201:51 follows the Rashba. | # If there’s a tiny crack in the mikveh if the water draining is so minimal that it isn’t noticeable the mikveh is still fit.<ref> The [https://beta.hebrewbooks.org/reader/reader.aspx?sfid=9023#p=76 Rashba (Shaar Hamayim 2)] writes that as long as the movement of the mikveh is so minimal that it isn’t noticeable it is fit. Otherwise how could a mikveh dug in a dirt hole be fit since the dirt allows water through. The Shulchan Aruch 201:51 follows the Rashba. | ||
* Chatom Sofer YD 2:211 holds like the Rashba and Shulchan Aruch.</ref> There are some poskim who are more strict and invalidate a mikveh with any drainage.<ref> The Gra 201:97 argues with Shulchan Aruch that any movement invalidates a mikveh. Mishnat Rav Aharon Kotler explains the Gra’s argument. There’s two reasons why moving water is invalid for a mikveh; the moving water could be a biblical invalidation without any reason or it could be that moving water is like it isn’t connected and there’s no 40 seah. If so, if there’s a hole in the mikveh above the 40 seah mark and certainly 40 seah will remain according to the first approach it is invalid but according to the second it is valid. Another application of this question is if the movement of the water isn’t noticeable. According to the first approach it is valid if the movement isn’t noticeable but according to the second one it is invalid even if it isn’t noticeable. | * Chatom Sofer YD 2:211 holds like the Rashba and Shulchan Aruch.</ref> There are some poskim who are more strict and invalidate a mikveh with any drainage.<ref> The Gra 201:97 argues with Shulchan Aruch that any movement invalidates a mikveh. Mishnat Rav Aharon Kotler explains the Gra’s argument. There’s two reasons why moving water is invalid for a mikveh; the moving water could be a biblical invalidation without any reason or it could be that moving water is like it isn’t connected and there’s no 40 seah. If so, if there’s a hole in the mikveh above the 40 seah mark and certainly 40 seah will remain according to the first approach it is invalid but according to the second it is valid. Another application of this question is if the movement of the water isn’t noticeable. According to the first approach it is valid if the movement isn’t noticeable but according to the second one it is invalid even if it isn’t noticeable. | ||
</ref> On the other hand, there are those who are more lenient and would allow a leaky mikveh as long as it isn’t completely moving like a spring. This opinion is not accepted by the poskim.<ref>The Tashbetz writes that the Rambam doesn’t accept the opinion of the Rash that any hole in a mikveh invalidates the mikveh since it makes the mikveh water moving which is invalid. Rabbenu Yerucham writes similarly. This seems to align with the Rosh no. 12 who writes that only a mikveh that is moving like a spring is invalid. Meil Tzedaka and Bayi Chayi adopt this position. However, the Shulchan Aruch 201:50 accepts the Rash that even a hole invalidates the mikveh. Nodeh Beyehuda 142:5, Meir Netivim 11, and Imrei Yosher 130 agree and reject the lenient opinion of the Meil Tzedaka. | </ref> On the other hand, there are those who are more lenient and would allow a leaky mikveh as long as it isn’t completely moving like a spring. This opinion is not accepted by the poskim.<ref>The Tashbetz writes that the Rambam doesn’t accept the opinion of the Rash that any hole in a mikveh invalidates the mikveh since it makes the mikveh water moving which is invalid. Rabbenu Yerucham writes similarly. This seems to align with the Rosh no. 12 who writes that only a mikveh that is moving like a spring is invalid. Meil Tzedaka and Bayi Chayi adopt this position. However, the Shulchan Aruch 201:50 accepts the Rash that even a hole invalidates the mikveh. Nodeh Beyehuda 142:5, Meir Netivim 11, and Imrei Yosher 130 agree and reject the lenient opinion of the Meil Tzedaka. | ||
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# Some say that if the filter in the mikveh was running when a woman went in the mikveh it is unfit since it is considered zochlin and others held it is fit.<ref>Taharat Habayit v. 3 p. 336 writes that even while the filter is running the mikveh is fit and it isn’t considered zochlin. Firstly, the water that goes into the filter returns to the mikveh and regarding such a case the Rama 201:50 writes that it isn’t considered zochlin. Secondly, even if the water in the filter is considered zochlin that doesn’t affect the rest of the mikveh if it is still 40 seah. That idea is based on Rambam Mikvaot 8:8. Lastly, the Mikveh Tahara p. 68 writes that movement within the water isn’t considered zochlin, only movement because of water entering and exiting the mikveh is zochlin. Igrot Moshe YD 110 was lenient based on the first consideration. </ref> With regards to the question of sheuvim, it depends on whether the filter is a kli. It depends on the actual type of filter.<ref>Rav Moshe in Igrot Moshe YD 110 writes that the pool filters are a kli and therefore an issue of sheuvim. Even though the water is added back into a mikveh of 40 seah it is an issue of natal seah vnatan seah, which is removing some drawn water and replacing it, which is an issue (Shach 201:23). Taharat Habayit v. 3 p. 337 comes to the conclusion that the in-mikveh filters aren’t an issue of sheuvim since they essentially a straight pipe and not a kli. He cites the Shema Shlomo 5:14. However, see Betzel Hachachma 4:98. | # Some say that if the filter in the mikveh was running when a woman went in the mikveh it is unfit since it is considered zochlin and others held it is fit.<ref>Taharat Habayit v. 3 p. 336 writes that even while the filter is running the mikveh is fit and it isn’t considered zochlin. Firstly, the water that goes into the filter returns to the mikveh and regarding such a case the Rama 201:50 writes that it isn’t considered zochlin. Secondly, even if the water in the filter is considered zochlin that doesn’t affect the rest of the mikveh if it is still 40 seah. That idea is based on Rambam Mikvaot 8:8. Lastly, the Mikveh Tahara p. 68 writes that movement within the water isn’t considered zochlin, only movement because of water entering and exiting the mikveh is zochlin. Igrot Moshe YD 110 was lenient based on the first consideration. </ref> With regards to the question of sheuvim, it depends on whether the filter is a kli. It depends on the actual type of filter.<ref>Rav Moshe in Igrot Moshe YD 110 writes that the pool filters are a kli and therefore an issue of sheuvim. Even though the water is added back into a mikveh of 40 seah it is an issue of natal seah vnatan seah, which is removing some drawn water and replacing it, which is an issue (Shach 201:23). Taharat Habayit v. 3 p. 337 comes to the conclusion that the in-mikveh filters aren’t an issue of sheuvim since they essentially a straight pipe and not a kli. He cites the Shema Shlomo 5:14. However, see Betzel Hachachma 4:98. | ||
* Igrot Moshe writes that the filter is considered mekabel tumah if it could hold liquids had it not been attached to the ground and if it can’t then it isn’t mekabel tumah but it still creates sheuvim.</ref> | * Igrot Moshe writes that the filter is considered mekabel tumah if it could hold liquids had it not been attached to the ground and if it can’t then it isn’t mekabel tumah but it still creates sheuvim.</ref> | ||
==Katafras== | ==Katafras== | ||
# Some define katafras as moving water.<ref>Rivash 292 cited by Bet Yosef 201:62 defines katafras as moving water, zochlin. Tosfot Rid Gittin 16b agrees. Divrei Chaim 2:97 argues. Maharsham 2:59, 3:100, Igrot Moshe 3:65 reject the Divrei Chaim.</ref> | # Some define katafras as moving water.<ref>Rivash 292 cited by Bet Yosef 201:62 defines katafras as moving water, zochlin. Tosfot Rid Gittin 16b agrees. Divrei Chaim 2:97 argues. Maharsham 2:59, 3:100, Igrot Moshe 3:65 reject the Divrei Chaim.</ref> | ||
