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Mikvaot: Difference between revisions
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→Tevilah in and on a Kli
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# Biblically one may not dip in a vessel.<ref>Torat Kohanim 9, Rash (Mikvaot 2:3), Tosfot (Bava Batra 66a s.v. shani), Tur and Shulchan Aruch YD 201:6, Gra 201:29</ref> | # Biblically one may not dip in a vessel.<ref>Torat Kohanim 9, Rash (Mikvaot 2:3), Tosfot (Bava Batra 66a s.v. shani), Tur and Shulchan Aruch YD 201:6, Gra 201:29</ref> | ||
# A moving mikveh on the back of a truck is questionable.<ref>Divrei Yosef Mikvaot p. 60 discusses the topic and points out that even if it isn’t a vessel it still isn’t considered as though one is immersing in water attached to the ground which the Torat Kohanim requires. (Bet Yosef 201:8 quotes the Mordechai Shavuot n. 745 and Roke’ach n. 377 who write that the mikveh made in a kli is invalid even if it is in a boat or is larger than 40 seah.) He is disputing the Mekor Niftach ch. 4 who permits it. </ref> | # A moving mikveh on the back of a truck is questionable.<ref>Divrei Yosef Mikvaot p. 60 discusses the topic and points out that even if it isn’t a vessel it still isn’t considered as though one is immersing in water attached to the ground which the Torat Kohanim requires. (Bet Yosef 201:8 quotes the Mordechai Shavuot n. 745 and Roke’ach n. 377 who write that the mikveh made in a kli is invalid even if it is in a boat or is larger than 40 seah.) He is disputing the Mekor Niftach ch. 4 who permits it. </ref> | ||
# A kli | |||
===A vessel attached to the ground with and without a hole=== | ===A vessel attached to the ground with and without a hole=== | ||
# If the vessel attached to the ground and is connected to a mikveh or mayan through a hole that has a diameter of two fingerbreadths it is biblically considered connected to the mikveh or mayan but nonetheless rabbinically one may not dip in such a vessel.<ref>The Rash (Mikvaot 5:2 cited by Bet Yosef 198:31) writes that since the vessel is attached to the mikveh or mayan with a hole that has a diameter of two fingerbreadths it is biblically fit and considered a mayan or mikveh and not water of a vessel, however, since one is still dipping in a vessel there is a rabbinic restriction lest one come to dip in a vessel that isn’t attached to the mikveh. That is also the opinion of the Rosh Mikvaot no. 9 and Rambam Mikvaot 9:10. However, see the Ritva Macot 4a suggests that perhaps if the mikveh or mayan would have 40 seah it would indeed make the vessel fit. Finally, the Raah cited by the Ritva holds that a vessel that is attached to a mayan isn’t considered attached since mayan water is moving and the water in the vessel is static. The size of the connection of a vessel to a mikveh requiring a diameter of two fingerbreadths is based on the Gemara Yevamot 15a. | # If the vessel attached to the ground and is connected to a mikveh or mayan through a hole that has a diameter of two fingerbreadths it is biblically considered connected to the mikveh or mayan, but nonetheless rabbinically one may not dip in such a vessel.<ref>The Rash (Mikvaot 5:2 cited by Bet Yosef 198:31) writes that since the vessel is attached to the mikveh or mayan with a hole that has a diameter of two fingerbreadths it is biblically fit and considered a mayan or mikveh and not water of a vessel, however, since one is still dipping in a vessel there is a rabbinic restriction lest one come to dip in a vessel that isn’t attached to the mikveh. That is also the opinion of the Rosh Mikvaot no. 9 and Rambam Mikvaot 9:10. However, see the Ritva Macot 4a suggests that perhaps if the mikveh or mayan would have 40 seah it would indeed make the vessel fit. Finally, the Raah cited by the Ritva holds that a vessel that is attached to a mayan isn’t considered attached since mayan water is moving and the water in the vessel is static. The size of the connection of a vessel to a mikveh requiring a diameter of two fingerbreadths is based on the Gemara Yevamot 15a. | ||
* Pri Deah (T”K 201:14) writes that the Rash holds that it is invalid rabbinically but the Raah holds it is biblically invalid. </ref> | * Pri Deah (T”K 201:14) writes that the Rash holds that it is invalid rabbinically but the Raah holds it is biblically invalid. </ref> | ||
# If there’s water going into a vessel it is invalid to be used for tevilah and the water that dribbles out of the vessel is also invalid.<ref>Chazon Ish YD 129:5 explains the Rosh in line with the Rash: once there is a vessel which one can’t dip inside of because of a rabbinic restriction the water that comes out of it is invalid as it is considered disconnected from the original mikveh. Chelkat Binyamin 201:151 agrees. | # If there’s water going into a vessel it is invalid to be used for tevilah and the water that dribbles out of the vessel is also invalid.<ref>Chazon Ish YD 129:5 explains the Rosh in line with the Rash: once there is a vessel which one can’t dip inside of because of a rabbinic restriction the water that comes out of it is invalid as it is considered disconnected from the original mikveh. Chelkat Binyamin 201:151 agrees. | ||
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# In theory a woman may immerse while wearing her clothing if they are loose. In an extenuating circumstance she may immerse while wearing socks and shoes.<ref>The Badei Hashulchan 198:46 biurim asks why a woman is allowed to immerse wearing clothing and that isn’t considered as though she is immersing on top of a vessel since her socks and shows are susceptible to tumah. He answers that either there’s no rabbinic restriction on clothing since it doesn’t appear to be a vessel or that the clothing are considered nullified to her and not considered a vessel. He concludes that one should only go to mikveh wearing socks and shoes in an extenuating circumstance. However, the Shaarei Tohar indeed is considered with this question and says a woman may not immerse while wearing socks and shoes.</ref> | # In theory a woman may immerse while wearing her clothing if they are loose. In an extenuating circumstance she may immerse while wearing socks and shoes.<ref>The Badei Hashulchan 198:46 biurim asks why a woman is allowed to immerse wearing clothing and that isn’t considered as though she is immersing on top of a vessel since her socks and shows are susceptible to tumah. He answers that either there’s no rabbinic restriction on clothing since it doesn’t appear to be a vessel or that the clothing are considered nullified to her and not considered a vessel. He concludes that one should only go to mikveh wearing socks and shoes in an extenuating circumstance. However, the Shaarei Tohar indeed is considered with this question and says a woman may not immerse while wearing socks and shoes.</ref> | ||
===Punctured on the Bottom=== | ===Punctured on the Bottom=== | ||
# If a vessel is punctured on the bottom, according to some rishonim even if it has a tiny hole it isn’t considered a vessel and doesn’t create drawn water. The poskim don’t accept this opinion.<ref>The Rash Mikvaot 4:5 and Rosh Hilchot Mikvaot n. 8 understand that there’s | # If a vessel is punctured on the bottom, according to some rishonim even if it has a tiny hole it isn’t considered a vessel and doesn’t create drawn water. The poskim don’t accept this opinion.<ref>The Rash Mikvaot 4:5 and Rosh Hilchot Mikvaot n. 8 understand that there’s an argument between the Mishna and Tosefta whether a hole of a tiny amount is sufficient to invalidate the vessel and make it is valid for a mikveh. Since the Gemara Yevamot 15a holds like the Tosefta that’s the halacha. In any event, the Shulchan Aruch and Rama 201:7 don’t accept the opinion of the Rash and Rosh. Rabbi Akiva Eiger responsa 40 considered their opinion as a factor in a particular case. </ref> If can hold even a little bit of water it is a vessel and invalid.<ref>Tosefta Mikvaot 4:4, Shach 201:22</ref> | ||
# If a vessel is punctured on the bottom, according to most opinions if the hole has the diameter of two fingerbreadths it isn’t a vessel and doesn’t create drawn water. This is accepted by the halacha. However, some rishonim explain that even though such a vessel isn’t considered a vessel for drawn water it is still considered a vessel such that one may not immerse in it. Many rishonim disagree and the halacha follows their lenient opinion.<ref>The Bet Yosef 201:7 cites the Rosh responsa 31:1, Rash Mikvaot 4:5, and Rabbenu Yerucham 26:5 226a who hold that one may not immerse inside a vessel even if it is punctured. Shulchan Aruch 201:7 rules like the Rambam that a vessel is fit once the hole is the size that would render it pure. The Bet Yosef 201:7 s.v. veharambam p. 240 writes that the Rambam would only require a diameter of two fingerbreadths if the vessel is earthenware and doesn’t have any other minimum size to purify it or a vessel attached to a rock is more similar to a pipe hewn out of a rock and could be invalid if it is first hewn and then attached. But generally the Bet Yosef only requires a hole that would purify it. For example, the Taz 201:9 and Shach 201:23 explain that the size generally would be the diameter of a kezayit. The Tur and Rama 201:7 however are strict to require the hole to have the diameter of two fingerbreadths. This is based on the understanding of the Rash and Rosh that the Mishna required two fingerbreadths and the Tosefta only needed a tiny hole. To be strict for all opinions one should have a hole that has the diameter of two fingerbreadths. The Shulchan Aruch 201:40 agrees that initially one should have the diameter of two fingerbreadths. Shach 201:23 understands that in 201:7 Shulchan Aruch was writing the strict law but 201:40 was a stringency. However, Chelkat Binyamin 201:123 cites Rabbi Akiva Eiger who understands the distinction in Shulchan Aruch that he requires a tiny hole so that it isn’t a vessel for drawn water but he requires a hole with the diameter of two fingerbreadths to immerse in it.</ref> If can hold even a little bit of water it is a vessel and invalid.<ref>Tosefta Mikvaot 4:4, Shach 201:22</ref> | # If a vessel is punctured on the bottom, according to most opinions if the hole has the diameter of two fingerbreadths it isn’t a vessel and doesn’t create drawn water. It is even kosher to immerse in that vessel. This is accepted by the halacha. However, some rishonim explain that even though such a vessel isn’t considered a vessel for drawn water it is still considered a vessel such that one may not immerse in it. Many rishonim disagree and the halacha follows their lenient opinion.<ref>The Bet Yosef 201:7 cites the Rosh responsa 31:1, Rash Mikvaot 4:5, and Rabbenu Yerucham 26:5 226a who hold that one may not immerse inside a vessel even if it is punctured. Shulchan Aruch 201:7 rules like the Rambam that a vessel is fit for tevilah once the hole is the size that would render it pure. Meiri (Mikvaot 6:5) holds like Rambam, unlike Raavad. The Bet Yosef 201:7 s.v. veharambam p. 240 writes that the Rambam would only require a diameter of two fingerbreadths if the vessel is earthenware and doesn’t have any other minimum size to purify it or a vessel attached to a rock is more similar to a pipe hewn out of a rock and could be invalid if it is first hewn and then attached. But generally the Bet Yosef only requires a hole that would purify it. For example, the Taz 201:9 and Shach 201:23 explain that the size generally would be the diameter of a kezayit. The Tur and Rama 201:7 however are strict to require the hole to have the diameter of two fingerbreadths. This is based on the understanding of the Rash and Rosh that the Mishna required two fingerbreadths and the Tosefta only needed a tiny hole. To be strict for all opinions one should have a hole that has the diameter of two fingerbreadths. The Shulchan Aruch 201:40 agrees that initially one should have the diameter of two fingerbreadths. Shach 201:23 understands that in 201:7 Shulchan Aruch was writing the strict law but 201:40 was a stringency. However, Chelkat Binyamin 201:123 cites Rabbi Akiva Eiger who understands the distinction in Shulchan Aruch that he requires a tiny hole so that it isn’t a vessel for drawn water but he requires a hole with the diameter of two fingerbreadths to immerse in it.</ref> If can hold even a little bit of water it is a vessel and invalid.<ref>Tosefta Mikvaot 4:4, Shach 201:22</ref> | ||
## If the vessel attached to the ground and is punctured by a hole on the bottom of the mikveh with a hole that has a diameter of two fingerbreadths, whether that hole was made before or after the vessel was attached to the ground,<ref>Pitchei Teshuva 201:12 citing the Markevet Hamishna Mikvaot 6:4, Bear Yakov, Rabbi Akiva Eiger responsa 39. See Perisha 201:15 who writes that the Bet Yosef cites a dispute whether the hole after it was attached to the ground works. Divrei Yosef p. 66 cites the Chibur Tahara 4:3 who suggests that the Perisha understood that the Rambam’s opinion that attaching a vessel to the ground makes it less like a vessel but the Rosh holds that if it is attached to the ground it is more of a formed vessel and invalid if it is attached before it has a hole.</ref> then it can be used for a mikveh. It isn’t a vessel to create drawn water and also one may even dip in such a vessel since it isn’t considered a vessel once it has a hole and is attached to the ground.<ref>Shach 201:24 clarifies that it isn’t considered a vessel at all and is fit both not to create drawn water but also to dip inside it. That is also the opinion of the Bet Yosef 201:7 s.v. umashe katav halokeach in explaining the Rambam. Shaarei Mikvaot (Biurim 201:7 s.v. hari) defends this approach of the Bet Yosef and Shach against the question of the Birkei Yosef. The Birkei Yosef is bothered that if the vessel is 40 seah it wouldn’t require any hole to break its status as a vessel since it is automatically not a vessel since it is so big. However, the Shaarei Mikvaot disagrees and explains that even if it isn’t susceptible to tumah it is still considered a vessel. That is also the opinion of the Chatom Sofer 206.</ref> | ## If the vessel attached to the ground and is punctured by a hole on the bottom of the mikveh with a hole that has a diameter of two fingerbreadths, whether that hole was made before or after the vessel was attached to the ground,<ref>Pitchei Teshuva 201:12 citing the Markevet Hamishna Mikvaot 6:4, Bear Yakov, Rabbi Akiva Eiger responsa 39. See Perisha 201:15 who writes that the Bet Yosef cites a dispute whether the hole after it was attached to the ground works. Divrei Yosef p. 66 cites the Chibur Tahara 4:3 who suggests that the Perisha understood that the Rambam’s opinion that attaching a vessel to the ground makes it less like a vessel but the Rosh holds that if it is attached to the ground it is more of a formed vessel and invalid if it is attached before it has a hole.</ref> then it can be used for a mikveh. It isn’t a vessel to create drawn water and also one may even dip in such a vessel since it isn’t considered a vessel once it has a hole and is attached to the ground.<ref>Shach 201:24 clarifies that it isn’t considered a vessel at all and is fit both not to create drawn water but also to dip inside it. That is also the opinion of the Bet Yosef 201:7 s.v. umashe katav halokeach in explaining the Rambam. Shaarei Mikvaot (Biurim 201:7 s.v. hari) defends this approach of the Bet Yosef and Shach against the question of the Birkei Yosef. The Birkei Yosef is bothered that if the vessel is 40 seah it wouldn’t require any hole to break its status as a vessel since it is automatically not a vessel since it is so big. However, the Shaarei Mikvaot disagrees and explains that even if it isn’t susceptible to tumah it is still considered a vessel. That is also the opinion of the Chatom Sofer 206.</ref> | ||
# If a vessel is punctured on the bottom, according to all opinions if the hole has a diameter of a pomegranate it isn’t a vessel and doesn’t create drawn water. Additionally, all agree that a person can immerse in such a vessel.<ref>Darkei Moshe 201:11 writes that even though the Rabbenu Yerucham, Rash, and perhaps Rosh hold that one may never immerse inside of a vessel even one that is punctured with a hole that has a diameter of two fingerbreadths would agree that one can immerse in a vessel that is punctured with a hole the size of a pomegranate. The proof is from the pool of Shlomo and the Yerushalmi Yoma 2:8.</ref> If can hold even a little bit of water it is a vessel and invalid.<ref>Tosefta Mikvaot 4:4, Shach 201:22</ref> | # If a vessel is punctured on the bottom, according to all opinions if the hole has a diameter of a pomegranate it isn’t a vessel and doesn’t create drawn water. Additionally, all agree that a person can immerse in such a vessel.<ref>Darkei Moshe 201:11 writes that even though the Rabbenu Yerucham, Rash, and perhaps Rosh hold that one may never immerse inside of a vessel even one that is punctured with a hole that has a diameter of two fingerbreadths would agree that one can immerse in a vessel that is punctured with a hole the size of a pomegranate. The proof is from the pool of Shlomo and the Yerushalmi Yoma 2:8.</ref> If can hold even a little bit of water it is a vessel and invalid.<ref>Tosefta Mikvaot 4:4, Shach 201:22</ref> | ||
