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Mikvaot: Difference between revisions
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===Oceans=== | ===Oceans=== | ||
# All oceans are like a mayan to dip in them even | # All oceans are like a mayan to dip in them even though the water is moving.<ref>The Mishna Parah 8:8 and Mikvaot 5:4 cites a dispute between the tenayim whether the oceans have a status of a spring or mikveh. Rabbi Yosi holds that they have the status of a spring besides for purposes of mayim chayim. Rashi Shabbat 109a explains that Rabbi Yosi doesn't distinguish between the Mediterranean sea and other oceans. See the Bet Yosef 201:5 at length who explains that the Rambam Mikvaot 9:12 agrees with Rashi with respect to someone going in the mikveh even though he does have a distinction for the Mediterranean sea for the purposes of mayim chayim. The Shulchan Aruch YD 201:5 rules that oceans are fit for dipping even if they’re moving. Chazon Ish (Parah 13:13) argues with Bet Yosef and holds that Rambam holds that an ocean is like a mikveh and invalid where it is moving.</ref> | ||
# One may not dip or immerse utensils for tevilat kelim in the tip of a wave but one may do so in the wave that broke and reconnected.<ref>The Mishna Mikvaot 5:6 writes that a wave that is 40 seah purifies a person or utensils. The Tosefta Mikvaot 4:3 establishes that one may only dip in the edge of the wave that broke or landed and not the tip of the wave that is hanging above the sea. The reason the Tosefta explains is because one may not dip or immerse utensils in the air. Rashi Chagiga 19a s.v. shein explains that the Torah only permitted going to mikveh or a mayan in water that was attached to the ground. Tosfot Chullin 31b s.v. ditnan agrees that this requirement is biblical. Bet Yosef 201:5 explains the Rambam Mikvaot 9:18 that the issue with dipping or immersing in a wave above the sea is a rabbinic one lest one come to be lenient with the invalidation of moving water in a mikveh. Taz 201:7 writes Rashi’s reason for why it is forbidden to dip or immerse in the air.</ref> Some say that the wave only purifies if there’s 40 seah in it.<ref>The Mishna Mikvaot 5:6 did mention that the wave was 40 seah that was purifying people and utensils. Why does it need 40 seah if it is a spring? The Rashba Torat Habayit proves from here the opinion of Rabbenu Tam that a person dipping in a spring must have 40 seah and the mentioning of 40 seah was only for the purpose of the person and not the utensils. | # One may not dip or immerse utensils for tevilat kelim in the tip of a wave but one may do so in the wave that broke and reconnected.<ref>The Mishna Mikvaot 5:6 writes that a wave that is 40 seah purifies a person or utensils. The Tosefta Mikvaot 4:3 establishes that one may only dip in the edge of the wave that broke or landed and not the tip of the wave that is hanging above the sea. The reason the Tosefta explains is because one may not dip or immerse utensils in the air. Rashi Chagiga 19a s.v. shein explains that the Torah only permitted going to mikveh or a mayan in water that was attached to the ground. Tosfot Chullin 31b s.v. ditnan agrees that this requirement is biblical. Bet Yosef 201:5 explains the Rambam Mikvaot 9:18 that the issue with dipping or immersing in a wave above the sea is a rabbinic one lest one come to be lenient with the invalidation of moving water in a mikveh. Taz 201:7 writes Rashi’s reason for why it is forbidden to dip or immerse in the air.</ref> Some say that the wave only purifies if there’s 40 seah in it.<ref>The Mishna Mikvaot 5:6 did mention that the wave was 40 seah that was purifying people and utensils. Why does it need 40 seah if it is a spring? The Rashba Torat Habayit proves from here the opinion of Rabbenu Tam that a person dipping in a spring must have 40 seah and the mentioning of 40 seah was only for the purpose of the person and not the utensils. | ||
* However, the Taz 201:6 and Gra 201:6 explain that it isn’t a proof for Rabbenu Tam because it is possible that really 40 seah was only mentioned as a practical consideration that 40 seah is necessary for a person to be enclosed by the water. According to the Rashba, the Bet Meir 201:5 writes that if the wave didn’t completely detach from the sea it would seem that 40 seah isn’t necessary since the wave combines with the rest of the sea. | * However, the Taz 201:6 and Gra 201:6 explain that it isn’t a proof for Rabbenu Tam because it is possible that really 40 seah was only mentioned as a practical consideration that 40 seah is necessary for a person to be enclosed by the water. According to the Rashba, the Bet Meir 201:5 writes that if the wave didn’t completely detach from the sea it would seem that 40 seah isn’t necessary since the wave combines with the rest of the sea. | ||
