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Mikvaot: Difference between revisions
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→A Colored Mikveh
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==A Colored Mikveh== | ==A Colored Mikveh== | ||
# A mikveh whose water changed colors from the original look of the water even if it doesn’t look like wine or another liquid<ref>The [http://www.hebrewbooks.org/pdfpager.aspx?req=8785&pgnum=111 Raavad Baalei Hanefesh p. 111] writes that the mikveh is invalid as long as the water changes colors from what its original appearance even if it doesn’t look like wine. Shach 201:66 agrees.</ref> is invalid. There is a dispute whether this invalidation is rabbinic or biblical.<ref>The Torat Kohanim Shemini 9:4 cited by Bet Yosef 201:30 learns from a pasuk that a colored mikveh is invalid. Chelkat Binyamin 201:391 cites a dispute between the Raavad and Ramban, Rashba, and Ritva whether it is a rabbinic or biblical invalidation respectively. Raavad (Shaar Hamayim 2) and Rashba hold it is only rabbinic. Mishkenot Yakov 45 and Igrot Moshe 120:8 s.v. vayin hold it is biblical. Chazon Ish 5:12 holds it is rabbinic. Divrei Chayim YD 2:102 quotes Mabit and Tosfot Yom Tov who hold it is biblical. </ref> | |||
=== From the Torah or Rabbinic === | |||
# A mikveh whose water changed colors from the original look of the water even if it doesn’t look like wine or another liquid<ref>The [http://www.hebrewbooks.org/pdfpager.aspx?req=8785&pgnum=111 Raavad Baalei Hanefesh p. 111] writes that the mikveh is invalid as long as the water changes colors from what its original appearance even if it doesn’t look like wine. Shach 201:66 agrees.</ref> is invalid. There is a dispute whether this invalidation is rabbinic or biblical.<ref>The Torat Kohanim Shemini 9:4 cited by Bet Yosef 201:30 learns from a pasuk that a colored mikveh is invalid. Chelkat Binyamin 201:391 cites a dispute between the Raavad and Ramban, Rashba, and Ritva whether it is a rabbinic or biblical invalidation respectively. Raavad ([https://beta.hebrewbooks.org/reader/reader.aspx?sfid=14483#p=110&fitMode=fitwidth&hlts=&ocr= Shaar Hamayim 2]) and Rashba hold it is only rabbinic. Mishkenot Yakov 45 and Igrot Moshe 120:8 s.v. vayin hold it is biblical. Chazon Ish 5:12 holds it is rabbinic. Divrei Chayim YD 2:102 quotes Mabit and Tosfot Yom Tov who hold it is biblical. </ref> | |||
=== Fixing a Colored Mikveh === | |||
# A colored mikveh can be fixed by having it connected to a spring.<ref>Rashba Shaar Hamayim 11 cited by Bet Yosef 201:28, Shulchan Aruch YD 201:28</ref> | # A colored mikveh can be fixed by having it connected to a spring.<ref>Rashba Shaar Hamayim 11 cited by Bet Yosef 201:28, Shulchan Aruch YD 201:28</ref> | ||
# A colored mikveh can be fixed by having more water added to it to change its color back to regular water. If the mikveh has 40 seah the water added can even be drawn water.<ref>Mishna Mikvaot 7:3 states that a mikveh that has 40 seah and its water changed colors is invalid unless water is added and that water can even be drawn. The [http://www.hebrewbooks.org/pdfpager.aspx?req=8785&pgnum=111 Raavad Baalei Hanefesh p. 111], Rambam Mikvaot 7:9, Tur and Shulchan Aruch YD 201:25 agree.</ref> | # A colored mikveh can be fixed by having more water added to it to change its color back to regular water. If the mikveh has 40 seah the water added can even be drawn water.<ref>Mishna Mikvaot 7:3 states that a mikveh that has 40 seah and its water changed colors is invalid unless water is added and that water can even be drawn. The [http://www.hebrewbooks.org/pdfpager.aspx?req=8785&pgnum=111 Raavad Baalei Hanefesh p. 111], Rambam Mikvaot 7:9, Tur and Shulchan Aruch YD 201:25 agree.</ref> | ||
=== What Types of Color Changes Invalidate a Mikveh? === | |||
# A mikveh that changed colors on its own is valid.<ref>Rambam Mikavot 7:12, Shulchan Aruch 201:27</ref> | # A mikveh that changed colors on its own is valid.<ref>Rambam Mikavot 7:12, Shulchan Aruch 201:27</ref> | ||
# A colored mikveh is only invalid if the actual coloring agent is added to the mikveh such as wine or dye, but not if it is only colored because of something else such as colored or dirty water.<ref>Shulchan Aruch 201:27</ref> | # A colored mikveh is only invalid if the actual coloring agent is added to the mikveh such as wine or dye, but not if it is only colored because of something else such as colored or dirty water.<ref>Shulchan Aruch 201:27</ref> | ||
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# Some poskim hold that a mikveh that is incomplete and invalidated because 3 lug or more of drawn water was added can be fixed as follows: wine is added so that the entire mikveh changes the look of wine, then more water is added until its original color returns. However, many poskim hold that this isn’t solution doesn’t work.<ref>Chelkat Binyamin 201:432 cites a dispute between the Chazon Ish Mikvaot 5:13 and the Maharsham 3:11 whether it is possible to fix a mikveh by changing its color and then returning its color. The Maharsham held that it is possible to fix since once it turns into colored water the invalidation of drawn water doesn’t count and when its color returns it is a kosher mikveh. Bet Shlomo 1:171, Bet Yitzchak 2:41, and others agreed. However, the Chazon Ish held that the only time drawn water doesn’t invalidate a colored mikveh is if it colored the mikveh prior to the drawn water entering. However, once a mikveh is invalid because of drawn water it remains invalid.</ref> Even the lenient opinion can be relied upon if the original invalidation was only rabbinic and not biblical.<ref>Chelkat Binyamin 201:432 writes that one can only use the solution of the Maharsham if the invalidation was rabbinic but if it is biblical it doesn’t work since the entire concept of having the waters change colors is only rabbinic to begin with according to many poskim.</ref> | # Some poskim hold that a mikveh that is incomplete and invalidated because 3 lug or more of drawn water was added can be fixed as follows: wine is added so that the entire mikveh changes the look of wine, then more water is added until its original color returns. However, many poskim hold that this isn’t solution doesn’t work.<ref>Chelkat Binyamin 201:432 cites a dispute between the Chazon Ish Mikvaot 5:13 and the Maharsham 3:11 whether it is possible to fix a mikveh by changing its color and then returning its color. The Maharsham held that it is possible to fix since once it turns into colored water the invalidation of drawn water doesn’t count and when its color returns it is a kosher mikveh. Bet Shlomo 1:171, Bet Yitzchak 2:41, and others agreed. However, the Chazon Ish held that the only time drawn water doesn’t invalidate a colored mikveh is if it colored the mikveh prior to the drawn water entering. However, once a mikveh is invalid because of drawn water it remains invalid.</ref> Even the lenient opinion can be relied upon if the original invalidation was only rabbinic and not biblical.<ref>Chelkat Binyamin 201:432 writes that one can only use the solution of the Maharsham if the invalidation was rabbinic but if it is biblical it doesn’t work since the entire concept of having the waters change colors is only rabbinic to begin with according to many poskim.</ref> | ||
# It is permitted to add chlorine powder to a complete mikveh if it doesn’t change its color.<ref>Mesorat Moshe v. 2 p. 229</ref> | # It is permitted to add chlorine powder to a complete mikveh if it doesn’t change its color.<ref>Mesorat Moshe v. 2 p. 229</ref> | ||
# If part of the mikveh changed colors that area doesn’t count towards the mikveh, but if there’s 40 seah that is unchanged it is a kosher mikveh, if one dips in the area that didn’t change colors.<ref>Rambam Mikvaot 7:9, Shulchan Aruch 201:26</ref> | |||
# A colored mikveh is invalid even if the color changes after it has 40 seah.<ref>The Mishna Mikvaot 7:3 establishes that if the mikveh is 40 seah and its color changed it is invalid. [http://www.hebrewbooks.org/pdfpager.aspx?req=8785&pgnum=111 Raavad Baalei Hanefesh p. 111] clarifies this point. Shulchan Aruch 201:25 agrees.</ref> | |||
=== A | === A Colored Mayan === | ||
# Many rishonim hold that a mayan cannot be invalidated with a change in color.<ref>Raavad (Shaar Hamayim 2:19), Rashba (Shaar Hamayim 11), Shulchan Aruch Y.D. 201:28. Chazon Ish (Mikvaot Tinyana 5:12) writes that Raavad is only lenient because he thinks that a change in color is only a pasul derabbanan.</ref> However, others hold it is invalidated by a change in color.<ref>Tosfot Macot 4a s.v. amar, Rid 15 (cited by Biyurim Lrashba fnt. 244). This is also implied from Tosefta 5:9 that it is invalid. Rabbi Akiva Eiger on Raavad 2:19 notes this Tosfot. Mishkenot Yacov 45 argues with Raavad on the basis of Sotah 15b and Chullin 85a. Chelkat Binyamin says that most poskim accept Shulchan Aruch but we should be machmir for Mishkenot Yakov.</ref> | # Many rishonim hold that a mayan cannot be invalidated with a change in color.<ref>Raavad (Shaar Hamayim 2:19), Rashba (Shaar Hamayim 11), Shulchan Aruch Y.D. 201:28. The Mishna Mikvaot 7:3 establishes that colored or dirty water doesn’t invalidate the mikveh because of a change of color. [http://www.hebrewbooks.org/pdfpager.aspx?req=8785&pgnum=111 Raavad Baalei Hanefesh p. 111] explains that unless the actual coloring agent such as wine or dye is added to the mikveh it doesn’t invalidate it because of a change of color. Shulchan Aruch 201:27 generally accepts the Raavad. Shach 201:64 quotes the Raavad. Chazon Ish (Mikvaot Tinyana 5:12) writes that Raavad is only lenient because he thinks that a change in color is only a pasul derabbanan.</ref> However, others hold it is invalidated by a change in color.<ref>Tosfot Macot 4a s.v. amar, Rid 15 (cited by Biyurim Lrashba fnt. 244). This is also implied from Tosefta 5:9 that it is invalid. Rabbi Akiva Eiger on Raavad 2:19 notes this Tosfot. Mishkenot Yacov 45 argues with Raavad on the basis of Sotah 15b and Chullin 85a. Chelkat Binyamin says that most poskim accept Shulchan Aruch but we should be machmir for Mishkenot Yakov.</ref> | ||
==Creation of a Mikveh through Something Susceptible to Tumah== | ==Creation of a Mikveh through Something Susceptible to Tumah== | ||
