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Mikvaot: Difference between revisions
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===Minimum Measurement of Mayan=== | ===Minimum Measurement of Mayan=== | ||
# A mayan is different than a mikveh in that it purifies utensils even with the smallest amount<ref>Torat Kohanim 9</ref> and can also purify when it is moving. For a person who is going to purify themselves in a mayan it requires 40 seah just like a mikveh but the water of a mayan can still be moving.<ref> Rosh (Mikvaot no. 2) cites the Ri as holding that a mayan only purifies a kli with any amount but a person requires 40 seah. The Rosh agrees with the Ri. However, The Rambam Mikvaot 4:8 and Raavad (Baalei Hanefesh ch. 3 s.v. vhani mili) argue that a mayan is effective with any amount even for a person. [https://beta.hebrewbooks.org/reader/reader.aspx?sfid=9023#p=117 Rashba (Torat Habayit 30b, Shaar Hamayim 11)] agrees with the Rambam and Raavad. Shulchan Aruch 201:1 rules like the Ri. </ref> | # A mayan is different than a mikveh in that it purifies utensils even with the smallest amount<ref>Torat Kohanim 9</ref> and can also purify when it is moving. For a person who is going to purify themselves in a mayan it requires 40 seah just like a mikveh but the water of a mayan can still be moving.<ref> Rosh (Mikvaot no. 2) cites the Ri as holding that a mayan only purifies a kli with any amount but a person requires 40 seah. The Rosh agrees with the Ri. However, The Rambam Mikvaot 4:8 and Raavad (Baalei Hanefesh ch. 3 s.v. vhani mili) argue that a mayan is effective with any amount even for a person. [https://beta.hebrewbooks.org/reader/reader.aspx?sfid=9023#p=117 Rashba (Torat Habayit 30b, Shaar Hamayim 11)] agrees with the Rambam and Raavad. Shulchan Aruch 201:1 rules like the Ri. </ref> | ||
#If a mayan was less than 40 seah and more drawn water was added some say that it is in fact invalid since a mayan needs 40 seah for a person to go in it and since its requisite amount was completed with drawn water it is invalid.<ref>Ritva Macot 4a s.v. od citing Tosfot</ref> Others hold that it is kosher.<ref> Mordechai Mikvaot 746 at the end cites a dispute about this point in which the Rav Chaim Ben Chisday ruled it was invalid but the Mordechai didn’t understand why that would be the case and Rabbenu Simcha also was lenient. Rosh responsa 30:3 | #If a mayan was less than 40 seah and more drawn water was added, some say that it is in fact invalid since a mayan needs 40 seah for a person to go in it and since its requisite amount was completed with drawn water it is invalid.<ref>Rabbi Moshe ben Chisday (Mordechai 747) holds that a mayan becomes invalid if 3 lugin of sheuvim are added to the mayan. Mordechai Shevuot 746 quoting one teshuva of baalei hatosfot and Ritva Macot 4a s.v. od citing Tosfot agree. Maharik 56 explains that their opinion is based on the fact that a mayan requires 40 seah for a person to be tovel in it (according to Ri). Therefore, a mayan without 40 seah isn't considered a complete mikveh and hashaka doesn't work. Rama 201:40 is strict for this opinion. Trumat Hadeshen is strict for this opinion, though it seems it is primarily because he thought that this was the view of Shiltot. (However, Shiltot really writes nothing about this and it seems that it became attributed to Shiltot from the vague presentation of Mordechai.)</ref> Others hold that it is kosher.<ref> Mordechai Mikvaot 746 at the end cites a dispute about this point in which the Rav Chaim Ben Chisday ruled it was invalid, but the Mordechai didn’t understand why that would be the case and Rabbenu Simcha also was lenient. Maharam Rotenberg (Prague 217) and Rosh responsa 30:3-4 hold that it is kosher. Maharik 56 proves that Maharam, Rabbenu Simcha, Or Zaruah, Rambam, Raavad, Rosh, Rashba, and Tur all hold that the mayan is still valid. Bet Yosef 201:15 cites these sources. Shulchan Aruch Y.D. 201:15 and 201:40 is lenient about this question.</ref> | ||
===Mayan with Majority Drawn or Rain Water=== | ===Mayan with Majority Drawn or Rain Water=== | ||
#A mayan which has a majority of drawn water only is effective to purify someone if it is stationary and not moving.<ref>Mishna Mikvaot 1:7, Rabbenu Chananel Shabbat 65b, Ramban Shabbat 65b in the name of Rabbenu Chananel</ref> | #A mayan which has a majority of drawn water only is effective to purify someone if it is stationary and not moving.<ref>Mishna Mikvaot 1:7, Rabbenu Chananel Shabbat 65b, Ramban Shabbat 65b in the name of Rabbenu Chananel</ref> | ||
