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Mikvaot: Difference between revisions

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* Can a complete mikveh be made of snow? The Rambam Mikvaot 7:3, Rosh, and Tur 201:30 hold that it is possible to make a complete mikveh of snow. However, Rashi Sukkot 19b and Raavad hold that it can’t be used to create a complete mikveh but only to add to a mikveh with a majority of kosher water. Shulchan Aruch 201:30 only quotes the opinion of the Rambam and Rosh that the snow can be used to create a complete mikveh. Rabbi Akiva Eiger (on Shach 201:71) mentions that the Raavad argues.</ref>
* Can a complete mikveh be made of snow? The Rambam Mikvaot 7:3, Rosh, and Tur 201:30 hold that it is possible to make a complete mikveh of snow. However, Rashi Sukkot 19b and Raavad hold that it can’t be used to create a complete mikveh but only to add to a mikveh with a majority of kosher water. Shulchan Aruch 201:30 only quotes the opinion of the Rambam and Rosh that the snow can be used to create a complete mikveh. Rabbi Akiva Eiger (on Shach 201:71) mentions that the Raavad argues.</ref>
# In extenuating circumstances, it is possible to create a mikveh by freezing tap water, placing it in a mikveh, and having it melt. This should not be relied upon without consulting a great posek.<ref>Chatom Sofer 200 holds that it is possible to create an entire mikveh from ice that was melted. Taharat Habayit v. 3 p. 319 is lenient to allow freezing tap water and creating a mikveh that way if there’s no other available option to make a mikveh with rain.</ref>
# In extenuating circumstances, it is possible to create a mikveh by freezing tap water, placing it in a mikveh, and having it melt. This should not be relied upon without consulting a great posek.<ref>Chatom Sofer 200 holds that it is possible to create an entire mikveh from ice that was melted. Taharat Habayit v. 3 p. 319 is lenient to allow freezing tap water and creating a mikveh that way if there’s no other available option to make a mikveh with rain.</ref>
# Using an ice machine to create ice is a discussion in the poskim. Some hold it is invalid even after the fact,<ref>Satmer rebbe (Shevet Halevi 8:204) was machmir not to use an ice machine. Imrei Yosher 1:148 argues that one shouldn’t use machine made ice for a mikveh for several reasons: 1) According to the first explanation of the Smag you can’t use ice that melts that once was sheuvim unless you also add 40 seah afterwards. Even though the Shach holds like the second explanation of the Smag, the Gidulei Tahara and Lechem Vsimla are strict. 2) According to the Tzlach you can’t use water for a mikveh if the water is tameh even if it isn't carried with a kli that has tumah and we’re all tameh today. 3) perhaps the machine making ice is considered tefisat yaday adam. Even though according to the Raavad there’s no issue of sheuvim, we’re concerned for the Baal Hameor also (Chatom Sofer 200). Even though perhaps the Baal Hameor is only strict for snow but not ice but still it isn’t clear he’d allow sheuvim of ice if it was put in a vessel after it was frozen. 4) One version of the Raavad and the Sefer Eshkol held that you can’t ice that melts for a mikveh. Even though it isn’t accepted we should be concerned when anyway there’s reason to be strict.</ref> however, others hold it is acceptable in an extenuating circumstance.<ref>Rav Ovadia Yosef (Taharat Habayit v. 3 pp. 318-336) writes that in extenuating circumstances it is permissible to make a mikveh from ice made in an ice machine. He quotes that this is also the view of Rav Kook (Daat Kohen 94) and Ben Ish Chai (Rav Poalim YD 2:24). This is also the view of Rav Chaim Ozer (Achiezer 3:33:2, 4:39). Fundamentally, this is dependent on the two views in rishonim in understanding the Tosefta (Taharot 2:3) that a mikveh which was sheuvim and froze and then melts is considered sheuvim. Rosh understands that it isn't sheuvim at all and is kosher as a mikveh. Smag, however, quotes one opinion who holds that it doesn't invalidate the mikveh as sheuvim but is still not kosher unless there's 40 seah of rainwater afterwards. Rav Ovadia is lenient to follow Rosh, because that is the view of Shulchan Aruch, Rama (Darkei Moshe), Shach (201:74) and others. Even though Gidulei Tahara and Lechem Vsimla hold like Smag, Rav Ovadia is lenient like most poskim. He cites Levush Mordechai 25 as holding that a mikveh made from an ice machine is invalid since the water was sheuvim before it became ice. Rav Ovadia cites Shevet Halevi 2:102 and Yaskil Avdi YD 2:34 as holding like the lenient view. Chazon Ish (Tinyana 6:3) writes that it is hard to be lenient on this question. Igrot Moshe 1:120 does not offer an opinion on this question. Shevet Halevi 8:204 and Mikveh Mayim (v. 1 p. 198) hold that a mikveh made with an ice machine is kosher. Shevet Halevi only allows on condition that the ice is brought in kelim with holes in them and also there's hamshacha after the ice is made. </ref>
# Using an ice machine to create ice is a discussion in the poskim. Some hold it is invalid even after the fact,<ref>Rav Elyashiv (Ashrei Haish YD 35:1) and Satmer rebbe (Shevet Halevi 8:204) hold that one cannot make a mikveh using an ice machine. Imrei Yosher 1:148 argues that one shouldn’t use machine made ice for a mikveh for several reasons: 1) According to the first explanation of the Smag you can’t use ice that melts that once was sheuvim unless you also add 40 seah afterwards. Even though the Shach holds like the second explanation of the Smag, the Gidulei Tahara and Lechem Vsimla are strict. 2) According to the Tzlach you can’t use water for a mikveh if the water is tameh even if it isn't carried with a kli that has tumah and we’re all tameh today. 3) perhaps the machine making ice is considered tefisat yaday adam. Even though according to the Raavad there’s no issue of sheuvim, we’re concerned for the Baal Hameor also (Chatom Sofer 200). Even though perhaps the Baal Hameor is only strict for snow but not ice but still it isn’t clear he’d allow sheuvim of ice if it was put in a vessel after it was frozen. 4) One version of the Raavad and the Sefer Eshkol held that you can’t ice that melts for a mikveh. Even though it isn’t accepted we should be concerned when anyway there’s reason to be strict.</ref> however, others hold it is acceptable in an extenuating circumstance.<ref>Rav Ovadia Yosef (Taharat Habayit v. 3 pp. 318-336) writes that in extenuating circumstances it is permissible to make a mikveh from ice made in an ice machine. He quotes that this is also the view of Rav Kook (Daat Kohen 94) and Ben Ish Chai (Rav Poalim YD 2:24). This is also the view of Rav Chaim Ozer (Achiezer 3:33:2, 4:39). Fundamentally, this is dependent on the two views in rishonim in understanding the Tosefta (Taharot 2:3) that a mikveh which was sheuvim and froze and then melts is considered sheuvim. Rosh understands that it isn't sheuvim at all and is kosher as a mikveh. Smag, however, quotes one opinion who holds that it doesn't invalidate the mikveh as sheuvim but is still not kosher unless there's 40 seah of rainwater afterwards. Rav Ovadia is lenient to follow Rosh, because that is the view of Shulchan Aruch, Rama (Darkei Moshe), Shach (201:74) and others. Even though Gidulei Tahara and Lechem Vsimla hold like Smag, Rav Ovadia is lenient like most poskim. He cites Levush Mordechai 25 as holding that a mikveh made from an ice machine is invalid since the water was sheuvim before it became ice. Rav Ovadia cites Shevet Halevi 2:102 and Yaskil Avdi YD 2:34 as holding like the lenient view. Chazon Ish (Tinyana 6:3) writes that it is hard to be lenient on this question. Igrot Moshe 1:120 does not offer an opinion on this question. Shevet Halevi 8:204 and Mikveh Mayim (v. 1 p. 198) hold that a mikveh made with an ice machine is kosher. Shevet Halevi only allows on condition that the ice is brought in kelim with holes in them and also there's hamshacha after the ice is made. </ref>
# Moving snow with something that is susceptible to tumah isn’t an issue.<ref>Chatom Sofer 1:200 explains that there’s no issue of hava al yaday tumah for snow since it isn’t mekabel tumah. He says that the basis for all of mikvaot is that the water of the mikveh is tahor and automatically remains tahor as long it is connected to the ground. Because it is tahor and stays tahor it can purify other things as well. </ref>
# Moving snow with something that is susceptible to tumah isn’t an issue.<ref>Chatom Sofer 1:200 explains that there’s no issue of hava al yaday tumah for snow since it isn’t mekabel tumah. He says that the basis for all of mikvaot is that the water of the mikveh is tahor and automatically remains tahor as long it is connected to the ground. Because it is tahor and stays tahor it can purify other things as well. </ref>


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