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Mikvaot: Difference between revisions
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==Hamshacha== | ==Hamshacha== | ||
Why does hamshacha work? Some rishonim hold that hamshacha makes the water like water coming out of the ground. Since it is water from the ground it is no longer sheuvim. That approach requires that the water run on top of ground that can absorb.<ref>Yereyim as explained by Brisker Rav (Temurah 12a)</ref> Some rishonim hold that hamshacha is just a way of separating the water from the kli. Water isn't considered sheuvim as long as it doesn't enter the mikveh directly from a kli. Once it runs along something else it isn't considered sheuvim from a kli anymore.<ref>Rambam (Mikvaot 4:8) holds that water which runs along a pipe (that doesn't make sheuvim) is also hamshacha since the water didn't come directly from a kli into the mikveh. | |||
* Brisker Rav (Temurah 12a) explains that Raavad agrees fundamentally with Rambam that hamshacha separates sheuvim from the kli but disallows having hamshacha on top of a pipe. If it isn't on top of ground it isn't considered detached from the kli that made it sheuvim. | |||
* Rash (Mikvaot 2:7) also implies that he holds of this approach. He writes that sheuvim seeping out of a broken kli is considered hamshacha. Chazon Ish (Mikvaot Kama 4:1) explains that it is considered hamshacha since the water didn't come directly from a kli. (Rambam (Mikvaot 4:4) holds that sheuvim seeping out of a broken kli isn't hamshacha.) Chazon Ish (Mikvaot Tinyana 8:13) seems to understand Rash differently and explains that it is based on hamshacha of a tiny distance and not because of the breaking.</ref> | |||
===Does Hamshacha work for a Completely Shevuim Mikveh?=== | ===Does Hamshacha work for a Completely Shevuim Mikveh?=== | ||
# A mikveh that has 20 seah and a bit<ref> Tashbetz 1:17 holds that one should be strict for Rashi Nazir 38a who holds that it is necessary to have 21 seah before the hamshacha. Bet Yosef 201:44 and Shulchan Aruch argue that a simply majority of the 40 seah is necessary and nothing more.</ref> of rainwater and the rest of the mikveh is filled up with drawn water that was drawn along the ground is kosher.<Ref>The Gemara Temurah 12a records a dispute between Rabbi Eliezer Ben Yakov and Rabbanan whether hamshacha works for the entire mikveh or just the minority of the mikveh. Some rishonim held that we follow Rabbanan and validated a mikveh that was made completely of drawn water. The Rambam (Mikvaot 4:9) writes that some rabbis of the west ruled that hamshacha works for the entire mikveh. He disagrees and instead rules like Rabbi Eliezer Ben Yakov since the Mishna Mikvaot 4:4 follows his opinion. He reiterates this in his commentary on Mishna (Mikvaot 4:4). Tosfot Temurah 12b, Rosh Mikvaot n. 7, Raavad (cited by Bet Yosef 201:44), and Rivash 125 agree with the Rambam. | # A mikveh that has 20 seah and a bit<ref> Tashbetz 1:17 holds that one should be strict for Rashi Nazir 38a who holds that it is necessary to have 21 seah before the hamshacha. Bet Yosef 201:44 and Shulchan Aruch argue that a simply majority of the 40 seah is necessary and nothing more.</ref> of rainwater and the rest of the mikveh is filled up with drawn water that was drawn along the ground is kosher.<Ref>The Gemara Temurah 12a records a dispute between Rabbi Eliezer Ben Yakov and Rabbanan whether hamshacha works for the entire mikveh or just the minority of the mikveh. Some rishonim held that we follow Rabbanan and validated a mikveh that was made completely of drawn water. The Rambam (Mikvaot 4:9) writes that some rabbis of the west ruled that hamshacha works for the entire mikveh. He disagrees and instead rules like Rabbi Eliezer Ben Yakov since the Mishna Mikvaot 4:4 follows his opinion. He reiterates this in his commentary on Mishna (Mikvaot 4:4). Tosfot Temurah 12b, Rosh Mikvaot n. 7, Raavad (cited by Bet Yosef 201:44), and Rivash 125 agree with the Rambam. | ||
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Rash (Mikvaot 2:7) understands that the Mishna allows hamshacha even if the sheuvim came in first and then the majority rainwater afterwards.</ref> | Rash (Mikvaot 2:7) understands that the Mishna allows hamshacha even if the sheuvim came in first and then the majority rainwater afterwards.</ref> | ||
===Type of Ground Necessary for Hamshacha=== | ===Type of Ground Necessary for Hamshacha=== | ||
# Hamshacha needs to be the length of 3 tefachim.<ref>Shulchan Aruch 201:45. The Kol Bo 86 quotes the Ri who held that hamshacha needs to be a distance of 3 tefachim otherwise it is lavud. Rivash 83 agrees. Rashba 5:60 holds hamshacha is effective in any amount. Tashbetz 1:49 writes that even though it seems that lavud is irrelevant to hamshacha which is a rule of walls, since the Ri was strict we can’t be lenient. Shulchan Aruch 201:45 is strict. </ref> | # Hamshacha needs to be the length of 3 tefachim.<ref>Shulchan Aruch 201:45. The Kol Bo 86 quotes the Ri who held that hamshacha needs to be a distance of 3 tefachim otherwise it is lavud. Rivash 83 agrees. Rashba 5:60 holds hamshacha is effective in any amount. Tashbetz 1:49 writes that even though it seems that lavud is irrelevant to hamshacha which is a rule of walls, since the Ri was strict we can’t be lenient. Chazon Ish (Mikvaot Tinyanya 8:13) writes that Rash holds hamshacha is kosher with any distance. Shulchan Aruch 201:45 is strict. </ref> | ||
# According to Ashkenazim, hamshacha needs to be on ground that could absorb water. According to Sephardim it isn’t necessary.<ref>Shulchan Aruch 201:46 and Rama. Rambam (Mikvaot 8:4) and Raavad (quoted by Bet Yosef 201:46) hold that hamshacha on a pipe is effective, even though it doesn't absorb water. However, the Mordechai (Shevuot n. 645) quotes the Yereyim and Rokeach who hold that hamshacha is only effective on dirt that could absorb water. Rash (Mikvaot 2:2 and 2:8) might imply that hamshacha doesn't need ground that could absorb. Shulchan Aruch is lenient, while Rama is strict. | # According to Ashkenazim, hamshacha needs to be on ground that could absorb water. According to Sephardim it isn’t necessary.<ref>Shulchan Aruch 201:46 and Rama. Rambam (Mikvaot 8:4) and Raavad (quoted by Bet Yosef 201:46) hold that hamshacha on a pipe is effective, even though it doesn't absorb water. However, the Mordechai (Shevuot n. 645) quotes the Yereyim and Rokeach who hold that hamshacha is only effective on dirt that could absorb water. Rash (Mikvaot 2:2 and 2:8) might imply that hamshacha doesn't need ground that could absorb. Shulchan Aruch is lenient, while Rama is strict. | ||
* The Brisker Rav (Chidushei HaGriz Temurah 12a s.v. vheneh) writes that those who held that you need 3 tefachim is because sheuvim is only rabbinic and it needs to be separated from a kli. However, those who held that you need ground that is water penetrable could hold that sheuvim is deoritta and it doesn’t need to be 3 tefachim. </ref> | * The Brisker Rav (Chidushei HaGriz Temurah 12a s.v. vheneh) writes that those who held that you need 3 tefachim is because sheuvim is only rabbinic and it needs to be separated from a kli. However, those who held that you need ground that is water penetrable could hold that sheuvim is deoritta and it doesn’t need to be 3 tefachim. </ref> | ||
