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Mikvaot: Difference between revisions

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===Zochlin above 40 seah===
===Zochlin above 40 seah===
# If there’s a crack in the mikveh and the crack is above the point where the walls would contain 40 seah anyway, some rishonim hold it is valid, while others don’t. Ashkenazim are strict.<ref> The Rash Mikvaot 5:5 explains the mishna to mean that if there’s a crack in the wall of the mikveh the mikveh is invalid because the water that’s dripping out makes the water in the mikveh considered moving, which is zochlin. The Rosh there discusses the Rash and posits that the Rash wouldn’t invalidate the mikveh if the crack is above the point where the walls would contain 40 seah below the crack. The Tur 201:50 writes that although some held that if the crack is above the point of 40 seah the mikveh is invalid the Rosh was lenient. Shulchan Aruch 201:50 is lenient like the Rosh but the Rama quotes the other opinion. The Gra explains that the Rash, Mordechai, and Rashba hold like the stringent opinion.</ref>
# If there’s a crack in the mikveh and the crack is above the point where the walls would contain 40 seah anyway, some rishonim hold it is valid, while others don’t. According to the lenient view, it is only acceptable to dip in the area below the crack.<ref>Maharak 156 is clear that Rosh hold allows being tovel in the area below the crack. He has a nuance that even though the area above the crack is zochlin and not fit to be tovel in, it is still included in the water of the mikveh in order to make hashaka to sheuvim water.</ref> Ashkenazim are strict.<ref> The Rash Mikvaot 5:5 explains the mishna to mean that if there’s a crack in the wall of the mikveh the mikveh is invalid because the water that’s dripping out makes the water in the mikveh considered moving, which is zochlin. The Rosh there discusses the Rash and posits that the Rash wouldn’t invalidate the mikveh if the crack is above the point where the walls would contain 40 seah below the crack. The Tur 201:50 writes that although some held that if the crack is above the point of 40 seah the mikveh is invalid the Rosh was lenient. Shulchan Aruch 201:50 is lenient like the Rosh but the Rama quotes the other opinion. The Gra explains that the Rash, Mordechai, and Rashba hold like the stringent opinion. Maharik 115 thinks that Raavad holds like the lenient view.</ref>
===Zochlin because of a person dipping===
===Zochlin because of a person dipping===
# Water which splashed out of a mikveh and bounces off the walls and is going to return to the mikveh isn’t considered zochlin since it is only caused by a person and is going to return.<ref>The Rivash responsa 292 writes that if a woman goes into the mikveh and some water is displaced and returns to the mikveh it isn’t considered zochlin. Bet Yosef 201:62, Rama 201:50 and Shach 120:30 and 120 accept the Rivash. Shach 201:120 presents the Rivash as saying that as long as the movement isn’t because of the natural force of the water (gravity or momentum from a spring) it isn’t considered zochlin.</ref>
# Water which splashed out of a mikveh and bounces off the walls and is going to return to the mikveh isn’t considered zochlin since it is only caused by a person and is going to return.<ref>The Rivash responsa 292 writes that if a woman goes into the mikveh and some water is displaced and returns to the mikveh it isn’t considered zochlin. Bet Yosef 201:62, Rama 201:50 and Shach 201:30 and 120 accept the Rivash. Shach 201:120 presents the Rivash as saying that as long as the movement isn’t because of the natural force of the water (gravity or momentum from a spring) it isn’t considered zochlin. Maharik 156 clearly disagrees with this Rivash.
 
The Mishna 6:3 discusses a case where there are 3 pits each of 20 seah, 2 of which are rainwater. When 3 people are tovel in the pits so that the water overflows, the 2 pits of 20 combine and the sheuvim pit is purified. Why isn't that overflowing water considered zochlin?
 
(1) Maharik 156 answers that the water originated from a spring so it is considered like a spring even after it is disconnected.
 
(2) Maharik also answers that according to Rosh it isn't zochlin since the person is tovel below the area where the water is moving.
 
(3) Rivash 292 answers that it isn't zochlin since the water came out because of the person being tovel and is going to return.
 
(4) Shach 201:30 answers that the pits were actual springs and not disconnected spring water. Dagul Mirvava is bothered by that Shach since a spring purifies with any quantity. </ref>
# If when a woman goes into a mikveh some of the water splashes out of the mikveh, even if there’s more than 40 seah left in the mikveh, some say that the mikveh is unfit since it is zochlin. However, others say that it is fit.<ref>The [https://beta.hebrewbooks.org/reader/reader.aspx?sfid=1087#p=120&fitMode=fitwidth&hlts=&ocr= Meil Tzedaka 39-41] cited by Pitchei Teshuva 201:3 states that a mikveh in which water splashes out when the woman goes in is unfit since it is considered zochlin. The Rivash only said it was fit when water was displaced when a woman went in and returns on its own because of the edges of the mikveh. However, the Shach 201:30 implies that it is fit even in such a case since the mikveh isn’t leaking on its own, water is just leaving when a person goes in it and that isn’t considered zochlin as long as 40 seah is left. The Nodeh Beyehuda 2:137 and Shaarei Mikvaot 201:6 are strict. Pitchei Mikvaot 8:8 writes that some are lenient. </ref>
# If when a woman goes into a mikveh some of the water splashes out of the mikveh, even if there’s more than 40 seah left in the mikveh, some say that the mikveh is unfit since it is zochlin. However, others say that it is fit.<ref>The [https://beta.hebrewbooks.org/reader/reader.aspx?sfid=1087#p=120&fitMode=fitwidth&hlts=&ocr= Meil Tzedaka 39-41] cited by Pitchei Teshuva 201:3 states that a mikveh in which water splashes out when the woman goes in is unfit since it is considered zochlin. The Rivash only said it was fit when water was displaced when a woman went in and returns on its own because of the edges of the mikveh. However, the Shach 201:30 implies that it is fit even in such a case since the mikveh isn’t leaking on its own, water is just leaving when a person goes in it and that isn’t considered zochlin as long as 40 seah is left. The Nodeh Beyehuda 2:137 and Shaarei Mikvaot 201:6 are strict. Pitchei Mikvaot 8:8 writes that some are lenient. </ref>


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