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Mikvaot: Difference between revisions

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# Some mikvaot are made by starting with a cement floor. Then a cement piece with four walls and a divider is placed on top of the floor to establish the mikveh with a hashaka mikveh. Some poskim are weary of using such a mikveh, while others are lenient.<ref>Rav Chaim Kalman Gutman in Ginat Veradim 3:25 p. 66 writes that a mikveh made with a cement floor and piece of cement with the four walls is added on top is problematic. Firstly, it is considered a vessel since it is just two stones attached together and not many stones. Even though it couldn’t be picked up by a person it is considered a vessel since it was designed to be built that way. Rav Avraham Schreiber in Ginat Veradim 9:2 p. 258 argues that it isn't considered a vessel according to all of the poskim. According to the Tzemech Tzedek 172 it isn't a vessel since it couldn't be lifted as one piece. According to the Maharsham a connection of rocks can't form a vessel. According many others it was made in the way of building a structure and not a vessel.</ref>
# Some mikvaot are made by starting with a cement floor. Then a cement piece with four walls and a divider is placed on top of the floor to establish the mikveh with a hashaka mikveh. Some poskim are weary of using such a mikveh, while others are lenient.<ref>Rav Chaim Kalman Gutman in Ginat Veradim 3:25 p. 66 writes that a mikveh made with a cement floor and piece of cement with the four walls is added on top is problematic. Firstly, it is considered a vessel since it is just two stones attached together and not many stones. Even though it couldn’t be picked up by a person it is considered a vessel since it was designed to be built that way. Rav Avraham Schreiber in Ginat Veradim 9:2 p. 258 argues that it isn't considered a vessel according to all of the poskim. According to the Tzemech Tzedek 172 it isn't a vessel since it couldn't be lifted as one piece. According to the Maharsham a connection of rocks can't form a vessel. According many others it was made in the way of building a structure and not a vessel.</ref>


==Going to a hot mikveh==
==Going to a Hot Mikveh==
# Theoretically, Sephardim hold that a mikveh should be cold and if hot water is added it is invalid. However, Ashkenazim are lenient to permit a hot mikveh.<ref>The Mordechai Mikvaot n. 750 quotes the Rash who wrote that a hot water mikveh is invalid because of a rabbinic concern that they become confused with a bathhouse which is completely invalid. He also cites Rabbenu Tam as agreeing with the Rash. However, the Hagahot Mordechai 9a is lenient. Shulchan Aruch 201:75 is strict not to use a warm mikveh, but the Rama is lenient. He adds that one should really be strict unless there's a minhag to be lenient.</ref> Today the minhag of all communities is to be lenient.<ref>Shaarei Mikvaot 201:304 writes that the minhag of Sephardim is also to go to warm mikvaot (Rav Poalim YD 4:15) because (1) we're weaker than we were before and if it was cold some women wouldn't go to mikveh (Chatom Sofer YD 214), (2) everyone knows that a warm mikveh isn't a bathhouse and there's no concern people will get them confused and even though generally a gezerah doesn't expire whent he reason expires some say that is only for a takana of chazal and not a gezerah (Maharsham 3:140 based on Magen Avraham 9).</ref> It is permitted to have a radiator in the walls of the mikveh heat up the water since it is clear how it is being heated.<ref>Minchat Yitzchak 7:85 cited by Shaarei Mikvaot 201:305</ref>
# Theoretically, Sephardim hold that a mikveh should be cold and if hot water is added it is invalid. However, Ashkenazim are lenient to permit a hot mikveh.<ref>The Mordechai Mikvaot n. 750 quotes the Rash who wrote that a hot water mikveh is invalid because of a rabbinic concern that they become confused with a bathhouse which is completely invalid. He also cites Rabbenu Tam as agreeing with the Rash. However, the Hagahot Mordechai 9a is lenient. Shulchan Aruch 201:75 is strict not to use a warm mikveh, but the Rama is lenient. He adds that one should really be strict unless there's a minhag to be lenient.</ref> Today the minhag of all communities is to be lenient.<ref>Shaarei Mikvaot 201:304 writes that the minhag of Sephardim is also to go to warm mikvaot (Rav Poalim YD 4:15) because (1) we're weaker than we were before and if it was cold some women wouldn't go to mikveh (Chatom Sofer YD 214), (2) everyone knows that a warm mikveh isn't a bathhouse and there's no concern people will get them confused and even though generally a gezerah doesn't expire whent he reason expires some say that is only for a takana of chazal and not a gezerah (Maharsham 3:140 based on Magen Avraham 9).</ref> It is permitted to have a radiator in the walls of the mikveh heat up the water since it is clear how it is being heated.<ref>Minchat Yitzchak 7:85 cited by Shaarei Mikvaot 201:305</ref>
#There is no issue of going to mikveh in the hot springs of Tevariya even though they are hot.<ref>Mordechai Mikvaot n. 750 citing the Ravyah, Rama 201:75</ref>  
#There is no issue of going to mikveh in the hot springs of Tevariya even though they are hot.<ref>Mordechai Mikvaot n. 750 citing the Ravyah, Rama 201:75</ref>  
# Going to a warm mikveh Friday night, Sephardim advise going ben hashemashot<ref>Chacham Tzvi 11, Taharat Habayit, Shaarei Mikvaot 201:306</ref>, while Ashkenazim advise going at night itself.<ref>Igrot Moshe OC 1:126:6 follows the Korban Netanel who says that there's no gezerah baalanim in a mikveh. Shaarei Mikvaot 201:306 points out that the Ashkenazi poskim didn't allow going to mikveh during ben hashemashot.</ref>
# Going to a warm mikveh Friday night, Sephardim advise going ben hashemashot<ref>Chacham Tzvi 11, Taharat Habayit, Shaarei Mikvaot 201:306</ref>, while Ashkenazim advise going at night itself.<ref>Igrot Moshe OC 1:126:6 follows the Korban Netanel who says that there's no gezerah baalanim in a mikveh. Shaarei Mikvaot 201:306 points out that the Ashkenazi poskim didn't allow going to mikveh during ben hashemashot.</ref>


==Showering after going to the mikveh==
==Trust Regarding the Status of a Mikveh==
# Ashkenazim hold that the women shouldn't bathe or shower immediately after going to the mikveh.<ref>The Mordechai Mikvaot n. 750 cites the Ravyah who says that the minhag is not to bathe or shower after going to the mikveh because of the gezerah that showering in drawn water makes a person tameh (Shabbat 14a). The Mordechai completely rejects this stringency considering that the gezerah was stated only for taharot and not niddah and it was only a tumah going forward but didn't invalidate going to the mikveh. He adds that the Maharam was lenient. The Rama 201:50 cites the minhag to be strict.</ref> Sephardim are lenient.<ref>Shaarei Mikvaot 201:307 writes that since Shulchan Aruch holds mikveh for niddah doesn't need a kavana since it is chullin he wouldn't hold of the stringent minhag not to bathing or showering afterwards.</ref>
# How long does the prohibition apply according to Ashkenazim? Some say it is for an entire day until the next night.<ref>Igrot Moshe YD 2:96. Rav Schachter</ref> Some are lenient once she came home and touched her husband.<ref>Shevet Halevi 5:125 writes that even though the Or Zaruah sounds like she can't bathe for the entire day sincce the others don't mention that it is enough to be strict immediately after tevilah. Once she went home and touched her husband her tevilah was effective and it is impossible for a later bath to undo the tevilah.</ref> Some allow once he gets home even if they didn't touch.<ref>Rav Shlomo Zalman Auerbach (Mareh Kohen p. 108) and Tzitz Eliezer 11:64:13-14. Tzitz Eliezer adds that she shouldn't shower her entire body at once.</ref>
# The minhag of not bathing or showering after going to mikveh doesn't apply to a man going to mikveh for keri.<ref>Shaarei Mikvaot 201:307 citing Yabia Omer YD 8:19:2</ref> A baal keri can go in a mikveh of 40 seah of drawn water.<ref>Tzitz Eliezer 11:64:15, Shaarei Mikvaot 201:307</ref>
==Procedure and Position for Dipping in the Mikveh==
# A person shouldn’t dip in a mikveh that the water is so deep or so shallow. Instead it should be filled to the point that it is a half amah above the belly of a person.<ref>Rashba responsa 818 writes that a person shouldn’t dip in a mikveh unless it is filled up to a hafla maha above one’s belly. Rama 201:66 quotes this.</ref>
# If is shallower than that if there’s no other available options a person can dip in such a mikveh by lying down horizontally but not by bending over so much. Bending over would cause a person to have unnatural folds and pockets which would be considered an interposition between the body and the water.<ref>Rashba responsa cited by Darkei Moshe 201:28* writes that if the water is too shallow to bend over sightly and dip in the mikveh a person should lie down horizontally in the mikveh. They should not bend over too much otherwise that would create unnatural folds in the skin invalidating the dipping. Rashbetz 1:17 and Rabbenu Yerucham 26:5 agree. The Rama 201:66 codifies the rashba.</ref> Some permit going to the mikveh lying down even initially.<ref>Pitchei Mikvaot 1:14 citing Shulchan Aruch Harav and Tikunei Hamikveh</ref>
# A mikveh with water that is spread out and can’t be used for dipping in its current state it is permissible to put down wood so that the water congregates on one side of the mikveh.<ref>Mishna Mikvaot 7:7 establishes that if the mikveh has sufficient water but it isn’t possible to go in it because it is too shallow, a person could block up part of the mikveh so that the water level rises. The mishna says that a person can use wood sticks for this purpose. The Rash explains that the water between the sticks is still connected to the mikveh. However, if one breaks up the whole mikveh in two then the other half of the mikveh wouldn’t contribute to the 40 seah of the mikveh. Shulchan Aruch 201:66 codifies this mishna.</ref>
# If a person needed to go to the mikveh and doesn’t know if they went to mikveh or whether they completely submerged or whether the mikveh had 40 seah he must go to the mikveh again since his tameh status remains until he surely went to the mikveh.<ref>Rambam Mikvaot 10:6, Shulchan Aruch 201:71</ref>
# It is possible to dip in a stream of water from a spring if one completely submerges themselves in it.<ref>Tosefta Mikvaot 8:1, Rambam Mikvaot 1:9, Bet Yosef 198:35, Shulchan Aruch YD 201:61</ref>
# If a person jumps into a mikveh with a lot of water that will contain more than 40 seah even after water splashes out the dipping is valid.<ref>The Tosefta 5:10 states that a person who jumps into the mikveh is disgraceful. The Rosh Hilchot Mikvaot n. 25 explains that the Tosefta is discussing a mikveh with the requisite amount of 40 seah. By jumping in some of the water inevitably will leave and there won’t remain a complete mikveh. The Rivash 293 explains that the reason the Tosefta doesn’t say that the dipping is invalid is because it is possible that the water that splashed didn’t separate from the rest of the mikveh water before the person was completely covered and submerged. But since it could be invalid if some of the water splashes out before he is completely submerged that’s why it is discouraged. Shulchan Aruch 201:62 codifies this.</ref>
# Some say that a person shouldn’t dip in the mikveh twice, one is sufficient and doing it twice will make a person more likely not to take each one seriously. Others defend the practice of dipping twice.<ref>The Tosefta Mikvaot 5:10 establishes that a person shouldn’t dip twice. The Rosh Hilchot Mikvaot n. 25 and Tur 201:62 explain that we’re discussing a mikveh which is exactly 40 seah. If so there’s a concern that during the first dipping the person won’t be careful to be completely submerged and then by the time he dips a second time perhaps some of the water splashed out and the mikveh is invalid. However, the Rivash 293 explains that the Rambam Mikvaot 8:12 understood the Tosefta to mean that in general a person should dip twice because there’s a concern that those watching will assume that he’s going to cool off and not to purify himself and it could lead to a mistake with trumah if he touches it and they assume that you don’t need kavana to purify oneself for trumah. The Darkei Moshe 201:27 writes that we’re not concerned for that opinion today when we don’t have trumah. Shaarei Mikvaot 201:262 writes that the minhag is to teach woman to be tovel multiple times like the Rosh unlike the Rambam. </ref>
 
==Trust regarding the status of a Mikveh==
# An individual is trusted regarding the status of the mikveh if it is in his hands to fix it.<ref>Maharik 115, cited by Bet Yosef 201:57(2)</ref>
# An individual is trusted regarding the status of the mikveh if it is in his hands to fix it.<ref>Maharik 115, cited by Bet Yosef 201:57(2)</ref>


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