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Mikvaot: Difference between revisions
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# Using a vessel which is susceptible to tumah even if it is only indirectly holding the water is a problem. <ref>Hod Yosef 71 shows from Rambam Parah 6:8 that havaya al yadey dvar mekabel tumah is a problem even if it is only koach sheni and used to help along the water.</ref> | # Using a vessel which is susceptible to tumah even if it is only indirectly holding the water is a problem. <ref>Hod Yosef 71 shows from Rambam Parah 6:8 that havaya al yadey dvar mekabel tumah is a problem even if it is only koach sheni and used to help along the water.</ref> | ||
==Connecting Pits of Water | ==Connecting Pits of Water into One Mikveh== | ||
# If there are three pits of twenty seah each, the middle one filled with drawn water and the others rainwater, and three people dip in these pits so that they overflow and connect, they are just as unfit as they were beforehand.<ref>The Mishna Mikvaot 6:3 states that if there are three pits of twenty seah each and the drawn water one is in the middle and three people go in the mikveh the pits are just as unfit as they were beforehand. The Rosh and Rash explain that drawn water doesn’t invalidate the others since it entered through hamshacha and there was a majority of rainwater in the pit in which it fell into. Yet, they aren’t valid since the two pits of rainwater didn’t connect. Shulchan Aruch 201:55 codifies this mishna. Shach 201:121 quotes the Rosh. Taz 201:69 adds another reason to be lenient in that he explains that the water isn’t going to completely move from one pit to another.</ref> | # If there are three pits of twenty seah each, the middle one filled with drawn water and the others rainwater, and three people dip in these pits so that they overflow and connect, they are just as unfit as they were beforehand.<ref>The Mishna Mikvaot 6:3 states that if there are three pits of twenty seah each and the drawn water one is in the middle and three people go in the mikveh the pits are just as unfit as they were beforehand. The Rosh and Rash explain that drawn water doesn’t invalidate the others since it entered through hamshacha and there was a majority of rainwater in the pit in which it fell into. Yet, they aren’t valid since the two pits of rainwater didn’t connect. Shulchan Aruch 201:55 codifies this mishna. Shach 201:121 quotes the Rosh. Taz 201:69 adds another reason to be lenient in that he explains that the water isn’t going to completely move from one pit to another.</ref> | ||
# There are three pits on a slope, the with twenty seah, the bottom with twenty seah, and the middle with forty seah. If there is water streaming between them, according to some rishonim we say that the bottom one is connected with the middle one, while the halacha follows the rishonim who say that only the middle pit is valid.<ref> The Tosefta Mikvaot 3:4 describes a case of three pits on a hill with the middle one being a complete mikveh and the one and top bottom being incomplete mikvaot. If there’s a stream of rainwater connecting the pits, Rabbi Meir validates the top pit, Rabbi Yosi the bottom one, and the rabbis just the middle one. Rambam Mikvaot 8:8 follows the rabbis that there's never a connection of katafras even with the principles of gud achit or gud asik. Tosfot Gittin 16a s.v. hanisok, Mordechai Shevuot n. 746, and Darkei Moshe 201:6 hold that katafras can be a connection together with gud achit. (Rabbenu Yerucham 26:5 cited by Bet Yosef 201:62 and Tur 201:62 might support this opinion.) Shulchan Aruch 201:60 codifies the Rambam.</ref> | |||
# If there are three pits of twenty seah each, one side one filled with drawn water and the others rainwater, and three people dip in these pits so that they overflow and connect, they are all considered fit since they combine together when the people went inside and the two pits of rainwater connected.<ref>The Mishna Mikvaot 6:3 establishes that if there are three pits of twenty seah each and the drawn water is on the side and three people dipped in the pits which overflowed they are all valid. The Rosh and Rash explain that since the rainwater pits connect there was a complete mikveh and all of the drawn water can’t invalidate it. In fact the drawn water becomes valid with a momentary hashaka. The Rosh and Rash explain that we’re not concerned that the drawn water entered one of the rainwater pits before the rainwater pits connected since it would only invalidate it if all of the twenty seah of drawn water preceded any of the rainwater. Otherwise the drawn water is purified with hamshacha as it is drawn along the ground into the other pits and nullified in its minority by the rainwater pit. Shulchan Aruch 201:55 codifies this mishna.</ref> Practically, each pit of twenty seah isn’t fit until another twenty seah is added because a complete mikveh is forty seah.<ref>Shach 201:120, Taz 201:67</ref> | # If there are three pits of twenty seah each, one side one filled with drawn water and the others rainwater, and three people dip in these pits so that they overflow and connect, they are all considered fit since they combine together when the people went inside and the two pits of rainwater connected.<ref>The Mishna Mikvaot 6:3 establishes that if there are three pits of twenty seah each and the drawn water is on the side and three people dipped in the pits which overflowed they are all valid. The Rosh and Rash explain that since the rainwater pits connect there was a complete mikveh and all of the drawn water can’t invalidate it. In fact the drawn water becomes valid with a momentary hashaka. The Rosh and Rash explain that we’re not concerned that the drawn water entered one of the rainwater pits before the rainwater pits connected since it would only invalidate it if all of the twenty seah of drawn water preceded any of the rainwater. Otherwise the drawn water is purified with hamshacha as it is drawn along the ground into the other pits and nullified in its minority by the rainwater pit. Shulchan Aruch 201:55 codifies this mishna.</ref> Practically, each pit of twenty seah isn’t fit until another twenty seah is added because a complete mikveh is forty seah.<ref>Shach 201:120, Taz 201:67</ref> | ||
# If there are two pits of twenty seah, one with drawn water, one with rainwater and they connect they remain as they were beforehand.<ref>Tosefta Mikvaot 3:5, Rash Mikvaot 6:3, Shulchan Aruch 201:56</ref> | # If there are two pits of twenty seah, one with drawn water, one with rainwater and they connect they remain as they were beforehand.<ref>Tosefta Mikvaot 3:5, Rash Mikvaot 6:3, Shulchan Aruch 201:56</ref> | ||
# A mikveh on top of a mikveh can be joined to be one mikveh if there is a hole the size of two fingerbreadths in diameter between them.<ref>The Rambam Pirush Mishnayot Mikvaot 6:1 explains that a mikveh on top of a cavity that contains water if the wall between the two is sturdy they are only connected if there’s a hole between the two with a diameter of two fingerbreadths. However, if the wall is so thin that it would collapse if a person would dip in the mikveh the cavity is connected to the mikveh as long as there’s a tiny hole between the mikveh and the cavity. The Shulchan Aruch 201:59 codifies the general idea of the mishna.</ref> | |||
==Trust Regarding the Maintenance of a Mikveh== | |||
# A mikveh on top of a mikveh if there is a hole the size of two fingerbreadths in diameter | |||
# If a non-Jew owns a mikveh if you know that there was always at least 21 seah some say that you can be lenient to rely on the non-Jew who says that it was completed with rainwater. Many poskim hold that you can’t be lenient.<ref>The Rosh responsa writes that if a non-Jew owns a mikveh we can’t rely on him because the mikveh might have become lacking and he completed it with drawn water. Shulchan Aruch 201:4 accepts the Rosh. The Taz and Bach understood Shulchan Aruch to mean that we’re relying on the concept of a doubt on a rabbinic issue. | # If a non-Jew owns a mikveh if you know that there was always at least 21 seah some say that you can be lenient to rely on the non-Jew who says that it was completed with rainwater. Many poskim hold that you can’t be lenient.<ref>The Rosh responsa writes that if a non-Jew owns a mikveh we can’t rely on him because the mikveh might have become lacking and he completed it with drawn water. Shulchan Aruch 201:4 accepts the Rosh. The Taz and Bach understood Shulchan Aruch to mean that we’re relying on the concept of a doubt on a rabbinic issue. | ||
However, the Shach and Gra 24 write that the Shulchan Aruch means only to be lenient if there’s no way for the non-Jew to mess up the mikveh such as if the only way to add water to the mikveh if by adding water through the roof in which case it would be valid since majority of the water is rainwater and some of it traveled on the ground. | However, the Shach and Gra 24 write that the Shulchan Aruch means only to be lenient if there’s no way for the non-Jew to mess up the mikveh such as if the only way to add water to the mikveh if by adding water through the roof in which case it would be valid since majority of the water is rainwater and some of it traveled on the ground. | ||
Chazon Ish Mikvaot 10:6 and Shaarei Mikvaot 201:24 explains that really it is based on having a doubt about a rabbinic issue but only if a majority of the mikveh is valid anyway to offset the issue that it is likely that the non-Jew tampered with it.</ref> | Chazon Ish Mikvaot 10:6 and Shaarei Mikvaot 201:24 explains that really it is based on having a doubt about a rabbinic issue but only if a majority of the mikveh is valid anyway to offset the issue that it is likely that the non-Jew tampered with it.</ref> | ||
# An Jewish 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> | |||
==Assessing the Status of an Unknown Mikveh== | ==Assessing the Status of an Unknown Mikveh== | ||
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# If you know that a natural pit filled with water such as in a field it is assumed to be rainwater and is a valid mikveh.<ref>Shach 201:150, Shaarei Mikvaot 201:302</ref> | # If you know that a natural pit filled with water such as in a field it is assumed to be rainwater and is a valid mikveh.<ref>Shach 201:150, Shaarei Mikvaot 201:302</ref> | ||
==Building a Mikveh so | ==Building a Mikveh so It Isn’t a Vessel== | ||
# Reinforced concrete with metal rods in the cement is a discussion in the poskim if it is acceptable.<ref>Chelkat Binyamin 147 citing Minchat Yitzchak 2:22, 4:41. However, Mesorat Moshe v. 2 p. 228 quotes Rav Moshe Feinstein as permitting having metal rods in the cement.</ref> | # Reinforced concrete with metal rods in the cement is a discussion in the poskim if it is acceptable.<ref>Chelkat Binyamin 147 citing Minchat Yitzchak 2:22, 4:41. However, Mesorat Moshe v. 2 p. 228 quotes Rav Moshe Feinstein as permitting having metal rods in the cement.</ref> | ||
# It is permitted to make a mikveh with stones that are attached to the ground isn’t considered a vessel even though the complete mikveh could hold water.<ref>Tzemech Tzedek 172 explains that any mikveh with walls and a floor that are all attached to the ground which couldn’t be picked up in one piece isn’t considered a vessel. He explains that otherwise every mikveh would be invalid according to the Nodeh Beyehuda who holds that a vessel which was created in material which was already attached to the ground is invalid to dip inside of. Rather the entire structure of the mikveh isn’t considered a vessel since it couldn’t be lifted up in one piece.</ref> | # It is permitted to make a mikveh with stones that are attached to the ground isn’t considered a vessel even though the complete mikveh could hold water.<ref>Tzemech Tzedek 172 explains that any mikveh with walls and a floor that are all attached to the ground which couldn’t be picked up in one piece isn’t considered a vessel. He explains that otherwise every mikveh would be invalid according to the Nodeh Beyehuda who holds that a vessel which was created in material which was already attached to the ground is invalid to dip inside of. Rather the entire structure of the mikveh isn’t considered a vessel since it couldn’t be lifted up in one piece.</ref> | ||
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# A mikveh made of pre-made cement slabs, one per wall and one for the floor, is questionable. <ref>Igrot Moshe YD 2:95 writes that if a mikveh is made with cement pieces that were one slab per wall and one for the floor it would be invalid. He explains that the Rashba 1:800 and Rama 201:7 who write that if the mikveh is made from multiple rocks it is valid is only if it is made of multiple rocks while it is attached to the round and there need to be multiple rocks for each wall and not a single slab. Hesitantly he suggests a reason is that it is similar to a vessel when such a significant piece of the complete mikveh is a single piece and takes on the status of a mikveh even though it is only a wall and not a complete vessel. Chelkat Binyamin 201:145 agrees.</ref> | # A mikveh made of pre-made cement slabs, one per wall and one for the floor, is questionable. <ref>Igrot Moshe YD 2:95 writes that if a mikveh is made with cement pieces that were one slab per wall and one for the floor it would be invalid. He explains that the Rashba 1:800 and Rama 201:7 who write that if the mikveh is made from multiple rocks it is valid is only if it is made of multiple rocks while it is attached to the round and there need to be multiple rocks for each wall and not a single slab. Hesitantly he suggests a reason is that it is similar to a vessel when such a significant piece of the complete mikveh is a single piece and takes on the status of a mikveh even though it is only a wall and not a complete vessel. Chelkat Binyamin 201:145 agrees.</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> | # 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> | ||
==Modern Mikvaot== | ==Modern Mikvaot== | ||
