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Mikvaot: Difference between revisions
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→Zochlin that isn’t recognizable
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# If there’s a tiny crack in the mikveh if the water draining is so minimal that it isn’t noticeable the mikveh is still fit.<ref> The [https://beta.hebrewbooks.org/reader/reader.aspx?sfid=9023#p=76 Rashba (Shaar Hamayim 2)] writes that as long as the movement of the mikveh is so minimal that it isn’t noticeable it is fit. Otherwise how could a mikveh dug in a dirt hole be fit since the dirt allows water through. The Shulchan Aruch 201:51 follows the Rashba. | # If there’s a tiny crack in the mikveh if the water draining is so minimal that it isn’t noticeable the mikveh is still fit.<ref> The [https://beta.hebrewbooks.org/reader/reader.aspx?sfid=9023#p=76 Rashba (Shaar Hamayim 2)] writes that as long as the movement of the mikveh is so minimal that it isn’t noticeable it is fit. Otherwise how could a mikveh dug in a dirt hole be fit since the dirt allows water through. The Shulchan Aruch 201:51 follows the Rashba. | ||
* Chatom Sofer YD 2:211 holds like the Rashba and Shulchan Aruch.</ref> There are some poskim who are more strict and invalidate a mikveh with any drainage.<ref> The Gra 201:97 argues with Shulchan Aruch that any movement invalidates a mikveh. Mishnat Rebbe Aharon (Kotler 1:24:8) explains the Gra’s argument. There’s two reasons why moving water is invalid for a mikveh; the moving water could be a biblical invalidation without any reason (Mordechai and Rashba) or it could be that moving water is like it isn’t connected and there’s no 40 seah (Rivash and Rosh). If so, if there’s a hole in the mikveh above the 40 seah mark and certainly 40 seah will remain, according to the first approach, it is invalid, but according to the second it is valid. Another application of this question is if the movement of the water isn’t noticeable. According to the first approach, it is valid if the movement isn’t noticeable since that is the degree by which movement is measured. But according to the second one, it is invalid even if the movement isn’t noticeable. Chazon Ish (Tinyana 8:4, Likutim 3:4) explains Gra differently. He explains that according to Rosh only the water that itself is moving out of the mikveh is considered zochlin. Everything else isn't zochlin. Rashba's question was how is it possible to make a kosher mikveh in the ground without any zechila. Rashba answered that non-noticeable movement isn't zechila. However, Rosh would answer that it isn't an issue if there's slightly more than 40 seah since all of the water that is currently not leaving the pit is counted for the mikveh. Since Rosh has another answer to Rashba's question he doesn't have to accept his conclusion. | * Chatom Sofer YD 2:211 holds like the Rashba and Shulchan Aruch.</ref> There are some poskim who are more strict and invalidate a mikveh with any drainage.<ref> The Gra 201:97 argues with Shulchan Aruch that any movement invalidates a mikveh. Mishnat Rebbe Aharon (Kotler 1:24:8) explains the Gra’s argument. There’s two reasons why moving water is invalid for a mikveh; the moving water could be a biblical invalidation without any reason (Mordechai and Rashba) or it could be that moving water is like it isn’t connected and there’s no 40 seah (Rivash and Rosh). If so, if there’s a hole in the mikveh above the 40 seah mark and certainly 40 seah will remain, according to the first approach, it is invalid, but according to the second it is valid. Another application of this question is if the movement of the water isn’t noticeable. According to the first approach, it is valid if the movement isn’t noticeable since that is the degree by which movement is measured. But according to the second one, it is invalid even if the movement isn’t noticeable. Chazon Ish (Tinyana 8:4, Likutim 3:4) explains Gra differently. He explains that according to Rosh only the water that itself is moving out of the mikveh is considered zochlin. Everything else isn't zochlin. Rashba's question was how is it possible to make a kosher mikveh in the ground without any zechila. Rashba answered that non-noticeable movement isn't zechila. However, Rosh would answer that it isn't an issue if there's slightly more than 40 seah since all of the water that is currently not leaving the pit is counted for the mikveh. Since Rosh has another answer to Rashba's question he doesn't have to accept his conclusion. | ||
</ref> On the other hand, there are those who are more lenient and would allow a leaky mikveh as long as it isn’t completely moving like a spring. This opinion is not accepted by the poskim.<ref>The Tashbetz writes that the Rambam doesn’t accept the opinion of the Rash that any hole in a mikveh invalidates the mikveh since it makes the mikveh water moving which is invalid. Rabbenu Yerucham writes similarly. This seems to align with the Rosh (Hilchot Mikvaot no. 12 and responsa 31:4) who writes that only a mikveh that is moving like a spring is invalid. Meil Tzedaka and Bayi Chayi adopt this position. However, the Shulchan Aruch Y.D. 201:50 accepts the Rash, Mordechai, and Rashba that even a hole invalidates the mikveh. Nodeh Beyehuda 142:5, Meir Netivim 11, and Imrei Yosher 130 agree and reject the lenient opinion of the Meil Tzedaka. | </ref> On the other hand, there are those who are more lenient and would allow a leaky mikveh as long as it isn’t completely moving like a spring. This opinion is not accepted by the poskim.<ref>The Tashbetz 1:17 s.v. uma writes that the Rambam doesn’t accept the opinion of the Rash that any hole in a mikveh invalidates the mikveh since it makes the mikveh water moving which is invalid. Rabbenu Yerucham writes similarly. This seems to align with the Rosh (Hilchot Mikvaot no. 12 and responsa 31:4) who writes that only a mikveh that is moving like a spring is invalid. Meil Tzedaka and Bayi Chayi adopt this position. However, the Shulchan Aruch Y.D. 201:50 accepts the Rash, Mordechai, and Rashba that even a hole invalidates the mikveh. Nodeh Beyehuda 142:5, Meir Netivim 11, and Imrei Yosher 130 agree and reject the lenient opinion of the Meil Tzedaka. | ||
*Taharat Habayit v. 3 p. 298 rules like Shulchan Aruch that a not recognizable zechila is valid. Mesorat Moshe v. 2 p. 229 quotes Rav Moshe Feinstein that a non-recognizable zechila is valid in a case where there’s not another mikveh and going to mikveh shouldn’t be pushed off because of it. | *Taharat Habayit v. 3 p. 298 rules like Shulchan Aruch that a not recognizable zechila is valid. Mesorat Moshe v. 2 p. 229 quotes Rav Moshe Feinstein that a non-recognizable zechila is valid in a case where there’s not another mikveh and going to mikveh shouldn’t be pushed off because of it. | ||
*Chazon Ish (Tinyana 8:4, Likutim 3:4) holds like Rosh that any movement that isn't gushing like a spring is kosher. He argues that this is also the intention of Gra 96 and Shulchan Aruch. However, the many achronim (Chelkat Binyamin 201:718 citing Nodeh Beyehuda 137 s.v. vnachzor and Divrei Chayim 15 s.v. od) refute this understanding of Shulchan Aruch. Gra 90 himself flatly rejects this theory. </ref> | *Chazon Ish (Tinyana 8:4, Likutim 3:4) holds like Rosh that any movement that isn't gushing like a spring is kosher. He argues that this is also the intention of Gra 96 and Shulchan Aruch. However, the many achronim (Chelkat Binyamin 201:718 citing Nodeh Beyehuda 137 s.v. vnachzor and Divrei Chayim 15 s.v. od) refute this understanding of Shulchan Aruch. Gra 90 himself flatly rejects this theory.</ref> | ||
===Zochlin above 40 seah=== | ===Zochlin above 40 seah=== | ||
