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Mikvaot: Difference between revisions
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==Modern Mikvaot== | ==Modern Mikvaot== | ||
# The poskim discuss at great length whether the tap water is sheuvim. The conclusion is that they all hold that it is invalid and may not be used.<ref>Minchat Yitzchak 1:146 is machmir on city water. the factors to be lenient are: (1) the meters, pumps, and pipes were built to function while attached to the ground (Gidulei Tahara). (2) There's a connection between the water from the tap and the resouviour and that creates hashaka (Rashba). (3) Hamshacha on all of the water in the mikveh is only derabbanan (Maharsham). However, he disagrees with all of these factors because (1) Nodeh Beyehuda argues that it is still considered sheuvim even if it is built to be connected to the ground. (2) Rash and Rosh argue with that Rashba and Shulchan Aruch is strict. Also, Rashba isn't clear and is subject to a dispute between Bet Yosef and Maharitatz. (3) Imrei Yosher holds that hamshacha of all of the water on cement is pasul mideoritta. Shevet Halevi 2:103 also holds that the city water is sheuvim miderabbanan after there is hamshacha. Either way, he holds it is completely invalid and may not be used for a mikveh.</ref> | |||
# Chatom Sofer 214 holds that the best way to make a mikveh is to use zeriya. The benefit is that hashaka with sheuvim is questionable (Tosfot Rid and Kesef Mishna) and zeriya is firmly established. Another positive is that there’s no question of fulfilling the opinion of [https://beta.hebrewbooks.org/reader/reader.aspx?sfid=11651#p=437&fitMode=fitwidth&hlts=&ocr= Rabbenu Yerucham (26:5 226a)] to have continuous hashaka. The downside of such an approach is natan seah vnatal seah (Rambam and Raavad against Rash and Rosh) and that is solved since there’s no obvious act of taking away water (Ramban, Bet Yosef). The Divrei Chaim disputes this point and shows that the Raavad would invalidate the mikveh because of natan seah vnatal seah even if it isn’t evident. Chazon Ish held you should just do zeriya. | # Chatom Sofer 214 holds that the best way to make a mikveh is to use zeriya. The benefit is that hashaka with sheuvim is questionable (Tosfot Rid and Kesef Mishna) and zeriya is firmly established. Another positive is that there’s no question of fulfilling the opinion of [https://beta.hebrewbooks.org/reader/reader.aspx?sfid=11651#p=437&fitMode=fitwidth&hlts=&ocr= Rabbenu Yerucham (26:5 226a)] to have continuous hashaka. The downside of such an approach is natan seah vnatal seah (Rambam and Raavad against Rash and Rosh) and that is solved since there’s no obvious act of taking away water (Ramban, Bet Yosef). The Divrei Chaim disputes this point and shows that the Raavad would invalidate the mikveh because of natan seah vnatal seah even if it isn’t evident. Chazon Ish held you should just do zeriya. | ||
## Maharshag YD 65 defends Chatom Sofer about problems of natan seah vnatal seah. He suggests doing zeriya into pit two and spill over into tevilah pit then hashaka once with pristine hashaka bor. He says that the issue of natan seah doesn’t apply to the tevilah bor since the drawn water was added to the other pit and only overflowed there. | ## Maharshag YD 65 defends Chatom Sofer about problems of natan seah vnatal seah. He suggests doing zeriya into pit two and spill over into tevilah pit then hashaka once with pristine hashaka bor. He says that the issue of natan seah doesn’t apply to the tevilah bor since the drawn water was added to the other pit and only overflowed there. | ||
## Mishna Halachot 10:146 said that zeriya in second pit is only effective if it is first still and then spilled over. Cheshev Sofer YD 13 said that was the minhag to do. | ## Mishna Halachot 10:146 said that zeriya in second pit is only effective if it is first still and then spilled over. Cheshev Sofer YD 13 said that was the minhag to do. | ||
## Satmer Rav in Divrei Yoel 69 said you can do zeriya with bor al gabi bor and have it overflow into bor tevilah. Mishna Halachot 10:146 said it is pasul since the katafras makes it not connected to a mikveh and zochlin is invalid for zeriya so both mikvehs become invalid. | ## Satmer Rav in Divrei Yoel 69 said you can do zeriya with bor al gabi bor and have it overflow into bor tevilah. Mishna Halachot 10:146 said it is pasul since the katafras makes it not connected to a mikveh and zochlin is invalid for zeriya so both mikvehs become invalid. | ||
## Igrot Moshe YD 2:94 writes that you shouldn’t just do pour zeriya because of natan seah vnatal seah. | ## Igrot Moshe YD 2:94 writes that you shouldn’t just do pour zeriya because of natan seah vnatal seah. | ||
# Divrei Chaim responsa CM 1:37 holds that the best way to make a mikveh is to use hashaka. The downside is that to fulfill Rabbenu Yerucham we need the hashaka pit always open and to avoid natan seah vnatal seah we need to refill the rainwater pit frequently so that there remains a pristine minimum of 21 seah of rainwater. Being that the longer the hole between the mikveh’s is open the more water that is transferred the sooner the rainwater needs to be changed. The solution is that the hole should be opened only once to create the hashaka and then close it up. That isn’t concerned for the Rabbenu Yerucham but it is concerned for the Rambam and Raavad of natan seah vnatal seah. Igrot Moshe YD 2:94 approves of this type of mikveh since momentary hashaka works for natan seah vnatal seah. However, the Tzemech Tzedek 171 argues that this doesn’t actually solve the Rambam and Raavad either because they certainly would accept Rabbenu Yerucham as they fundamentally need the presence of 21 seah. [Problematically the Divrei Chaim 201:20 himself makes the same point as the Tzemech Tzedek.] Because of this point, Rabbi Moshe Bick (Taharat Yom Tov 8:27) convinced the Satmer rebbe to hold like the Chabad mikveh. | # Divrei Chaim responsa CM 1:37 holds that the best way to make a mikveh is to use hashaka. The downside is that to fulfill Rabbenu Yerucham we need the hashaka pit always open and to avoid natan seah vnatal seah we need to refill the rainwater pit frequently so that there remains a pristine minimum of 21 seah of rainwater. Being that the longer the hole between the mikveh’s is open the more water that is transferred the sooner the rainwater needs to be changed. The solution is that the hole should be opened only once to create the hashaka and then close it up. That isn’t concerned for the Rabbenu Yerucham but it is concerned for the Rambam and Raavad of natan seah vnatal seah. Igrot Moshe YD 2:94 approves of this type of mikveh since momentary hashaka works for natan seah vnatal seah. However, the Tzemech Tzedek 171 argues that this doesn’t actually solve the Rambam and Raavad either because they certainly would accept Rabbenu Yerucham as they fundamentally need the presence of 21 seah. [Problematically the Divrei Chaim 201:20 himself makes the same point as the Tzemech Tzedek.] Because of this point, Rabbi Moshe Bick (Taharat Yom Tov 8:27) convinced the Satmer rebbe to hold like the Chabad mikveh. | ||
