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Mikvaot: Difference between revisions
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→Zochlin above 40 seah
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===Zochlin above 40 seah=== | ===Zochlin above 40 seah=== | ||
# If there’s a crack in the mikveh and the crack is above the point where the walls would contain 40 seah anyway, some rishonim hold it is valid, while others don’t. According to the lenient view, it is only acceptable to dip in the area below the crack.<ref>Maharak 156 is clear that Rosh allows being tovel in the area below the crack. He has a nuance that even though the area above the crack is zochlin and not fit to be tovel in, it is still included in the water of the mikveh in order to make hashaka to sheuvim water.</ref> Ashkenazim are strict.<ref> The Rash Mikvaot 5:5 explains the mishna to mean that if there’s a crack in the wall of the mikveh the mikveh is invalid because the water that’s dripping out makes the water in the mikveh considered moving, which is zochlin. The Rosh there discusses the Rash and posits that the Rash wouldn’t invalidate the mikveh if the crack is above the point where the walls would contain 40 seah below the crack. The Tur 201:50 writes that although some held that if the crack is above the point of 40 seah the mikveh is invalid the Rosh was lenient. Shulchan Aruch 201:50 is lenient like the Rosh but the Rama quotes the other opinion. The Gra explains that the Rash, Mordechai, and Rashba hold like the stringent opinion. Maharik 115 thinks that Raavad holds like the lenient view.</ref> | # If there’s a crack in the mikveh and the crack is above the point where the walls would contain 40 seah anyway, some rishonim hold it is valid, while others don’t. According to the lenient view, it is only acceptable to dip in the area below the crack.<ref>Maharak 156 is clear that Rosh allows being tovel in the area below the crack. He has a nuance that even though the area above the crack is zochlin and not fit to be tovel in, it is still included in the water of the mikveh in order to make hashaka to sheuvim water.</ref> Ashkenazim are strict.<ref> The Rash Mikvaot 5:5 explains the mishna to mean that if there’s a crack in the wall of the mikveh the mikveh is invalid because the water that’s dripping out makes the water in the mikveh considered moving, which is zochlin. The Rosh there discusses the Rash and posits that the Rash wouldn’t invalidate the mikveh if the crack is above the point where the walls would contain 40 seah below the crack. The Tur 201:50 writes that although some held that if the crack is above the point of 40 seah the mikveh is invalid the Rosh was lenient. Shulchan Aruch 201:50 is lenient like the Rosh but the Rama quotes the other opinion. The Gra explains that the Rash, Mordechai, and Rashba hold like the stringent opinion. Maharik 115 thinks that Raavad holds like the lenient view.</ref> | ||
# Some rishonim hold that if there's always 40 seah it is acceptable to be tovel in that water even though some water is leaving. | # Some rishonim hold that if there's always 40 seah it is acceptable to be tovel in that water even though some water is leaving.<ref>Bayi Chayey</ref> | ||
=== Zochlin within the mikveh === | === Zochlin within the mikveh === | ||
