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Mikvaot: Difference between revisions
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→Creation of a Mikveh through Something Susceptible to Tumah
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* Is a cane susceptible to tumah? The Rambam (Pirush Mishnayot Mikavot 5:5) writes that even though it has no receptacle it is still tameh rabbinically. The Chazon Ish (Mikvaot 7:5) explains that it has tumah because it services people and utensils or alternatively it has a small receptacle. However, the Rosh (Pirush Mishnayot Mikvaot 5:5 and Hilchot Mikvaot n. 11) hold that a cane doesn’t have tumah at all. Tosfot Yom Tov (Mikvaot 5:5) and Simla 201:84 point out this dispute.</ref> | * Is a cane susceptible to tumah? The Rambam (Pirush Mishnayot Mikavot 5:5) writes that even though it has no receptacle it is still tameh rabbinically. The Chazon Ish (Mikvaot 7:5) explains that it has tumah because it services people and utensils or alternatively it has a small receptacle. However, the Rosh (Pirush Mishnayot Mikvaot 5:5 and Hilchot Mikvaot n. 11) hold that a cane doesn’t have tumah at all. Tosfot Yom Tov (Mikvaot 5:5) and Simla 201:84 point out this dispute.</ref> | ||
===If the water would have reached the mikveh anyway=== | ===If the water would have reached the mikveh anyway=== | ||
# If the mikveh is created with something that is susceptible to tumah but the water would have flowed that way anyway to create the mikveh, the mikveh is valid.<ref>Shulchan Aruch Y.D. 201:35, Shach 201:103</ref> | # If the mikveh is created with something that is susceptible to tumah, but the water would have flowed that way anyway to create the mikveh, the mikveh is valid.<ref>Rosh (Mikvaot 4:2), Shulchan Aruch Y.D. 201:35, Shach 201:103. However, Chazon Ish YD 135:2 disagrees with Rosh. Chelkat Binyamin 201:680 writes that we shouldn't rely on Rosh about this question. </ref> | ||
# If the water flows over something that is susceptible to tumah but the water afterwards flows over wood, dirt, or something that isn’t susceptible to tumah at all the resultant mikveh is kosher.<ref>The Rosh Mikvaot n. 12 explains that if there’s a separation between the vessel that is susceptible to tumah and the mikveh it is kosher. His proof is that Zevachim 25b considered to permit the mikveh because of the airspace in which the water was flowing. Shulchan Aruch 201:48 codifies the Rosh.</ref> Some say that this is only true if the water would have flowed into the mikveh without the vessel that is susceptible to tumah.<ref>Chatom Sofer 199</ref> | # If the water flows over something that is susceptible to tumah but the water afterwards flows over wood, dirt, or something that isn’t susceptible to tumah at all the resultant mikveh is kosher.<ref>The Rosh Mikvaot n. 12 explains that if there’s a separation between the vessel that is susceptible to tumah and the mikveh it is kosher. His proof is that Zevachim 25b considered to permit the mikveh because of the airspace in which the water was flowing. Shulchan Aruch 201:48 codifies the Rosh.</ref> Some say that this is only true if the water would have flowed into the mikveh without the vessel that is susceptible to tumah.<ref>Chatom Sofer 199</ref> | ||
===Stopping Water from Exiting=== | ===Stopping Water from Exiting=== | ||
