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Mikvaot: Difference between revisions
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→Hashaka of Different Types of Water
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# Some say that one can’t do hashaka of a rainwater mikveh to a spring.<ref>The Raah (Shitah Mikubeset Beitzah 18a) holds that water which is of different types can’t have hashaka. Chatom Sofer YD 212 and Maharam Shik YD 192 are strict for the Raah. </ref> | # Some say that one can’t do hashaka of a rainwater mikveh to a spring.<ref>The Raah (Shitah Mikubeset Beitzah 18a) holds that water which is of different types can’t have hashaka. Chatom Sofer YD 212 and Maharam Shik YD 192 are strict for the Raah. </ref> | ||
# Hashaka to ice according to some poskim is valid.<ref>The Chelkat Binyamin Biurim 201:30 s.v. ad p. 169 quotes the Gidulei Tahara responsa 12 who writes that if a mikveh has a lot of ice and is unfit for tevilah can’t be used for hashaka according to the Raah who says that you can’t add sheuvim to a mikveh which is unfit for dipping since it is shallow. Chelkat Binyamin questions this since the ice is going to melt on its own and it isn’t similar to a shallow mikveh which is unfit as it is. Rabbi Simon said that he heard that Rav Moshe Feinstein allowed the swimming pool of Luban, Russia as a mikveh since the drawn tap water had hashaka to ice underneath the pool. </ref> | # Hashaka to ice according to some poskim is valid.<ref>The Chelkat Binyamin Biurim 201:30 s.v. ad p. 169 quotes the Gidulei Tahara responsa 12 who writes that if a mikveh has a lot of ice and is unfit for tevilah can’t be used for hashaka according to the Raah who says that you can’t add sheuvim to a mikveh which is unfit for dipping since it is shallow. Chelkat Binyamin questions this since the ice is going to melt on its own and it isn’t similar to a shallow mikveh which is unfit as it is. Rabbi Simon said that he heard that Rav Moshe Feinstein allowed the swimming pool of Luban, Russia as a mikveh since the drawn tap water had hashaka to ice underneath the pool. </ref> | ||
===Joining Mikveh or Using Hashaka with 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> | |||
# A river isn’t considered katarfras.<ref>The Ravyah (cited by Mordechai Shevuot 746) asks why it is possible to dip in a river if it is considered katafras. | |||
* The Ravyah answers that katafras is a connection for the water below the slope since the water is going to flow down but not up the slope. Therefore, in a river anywhere one is dipping is valid if there’s 40 seah upstream. A proof is the Tosefta Mikvaot 3:4 that has a case of three pits on a slope, the top and bottom are 20 seah and middle is 40 seah that the middle and bottom are certainly valid. Tosfot Gittin 16a s.v. nisok agrees. Darkei Moshe 201:6 agrees. This approach holds that katafras is a connection together with gud achit. The Bet Yosef argues that this answer isn’t the halacha since we don’t hold that there’s a connection between the lower pit or upper pit using gud asik or achit at all (Rambam Mikvaot 8:8). | |||
* Bet Yosef 201:54 answers that there’s 40 seah of each side of the slope and so it is valid even though there’s no connection of katafras.</ref> | |||
#Ideally the hashaka hole should be straight. If the hashaka hole is slanted vertically it is nonetheless valid.<ref>Shevet Halevi 3:133 writes that even if a hashaka hole is slanted downward it isn't katafras since the only issue is a rabbinic one after there was zeriya. Even according to the Raavad (by natal seah) it is acceptable since there's hamshacha. After both of those there's hashaka which is at most needed on a rabbinic level. Katafras isn't an issue if water is only invalid rabbinically. Also, the Imrei Yosher 1:101 and 2:167 argues with the Divrei Chaim and holds that katafras isn't an issue if the water is still. We can rely on the Imrei Yoshar and all the more so with other factors. Also, Gidulei Tahara Nachal 201:45 discusses that katafras can’t mean that it needs to be totally flat but he leaves the precise degree of incline unresolved.</ref> | |||
# The water on the steps are connected to the water in the mikveh even if it isn’t 40 seah.<Ref>From many places it is obvious that the stairs are included in the mikveh: | |||
* Rash Mikvaot 7:7 explains that the vessel sitting on a stair can be included in the mikveh if you splash and the water submerges the vessel. Rambam Pirush Mishnayot agrees. | |||
* Shulchan Aruch YD 198:31 writes that one may be tovel on top of stone stairs in the mikveh. This is based on the Rashba (responsa 828). | |||
* Mishna Mikvaot 7:6 says that according to Rabbi Yehuda the water on a person’s body while his feet are in the mikveh are connected to the mikveh. The case is clearly where his body is out of the water and feet are in the mikveh and presumably it is stairs or a shallow area. | |||
* The Divrei Chaim 2:97 writes that the stairs aren’t connected with the mikveh and one may not be tovel there. Chelkat Yakov YD 111 writes that the Divrei Chaim is completely contradicted by Shulchan Aruch. He writes that perhaps the Divrei Chaim only meant to be strict if the stairs are slanted towards the inside of the mikveh so that no water could remain on them unless the mikveh was full. Either way he thinks the Divrei Chaim is totally wrong. He ends by quoting a testimony that the Divrei Chaim retracted before he died.</ref> According to those who think that the stairs aren’t connected with the mikveh one should avoid having the hashaka hole on the stairs.<ref>Betzel Chachma 3:80:3</ref> | |||
==Tevilah in and on a Kli== | ==Tevilah in and on a Kli== | ||
# One may not go to mikveh in a kli and that is invalid biblically.<ref>Tosfot Pesachim 17b s.v. elah</ref> | # One may not go to mikveh in a kli and that is invalid biblically.<ref>Tosfot Pesachim 17b s.v. elah</ref> | ||
