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Mikvaot: Difference between revisions
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# One may not go to mikveh standing on top of a kli. <ref>Raavad Baalei Hanefesh siman 1 writes that a woman may not go to mikveh on top of a kli that is mekabel tumah. She can go on top of a kli cheres since it does't have tumah on its backside. Mishna Mikvaot 5:2 states that mayan water that goes into or over a kli is unfit for a mikveh. The Raavad explains that this is based on a prohibition lest a person go to mikveh in a kli. Rashba Torat Habayit Hakatzar 30a and Rabbenu Yerucham 26:5 cited by Bet Yosef 198 agree. Ran Shevuot 6b s.v. isha cites the Raavad. Similarly, the Rash Mikvaot 5:2 limits the issue of going to mikveh in a kli to where the kli is attached to ground because it might be used as an unfit mikveh but if it is detached from the ground there's no restriction. The Bet Yosef understands the Rosh Mikvaot 9 as disagreeing with this idea. | # One may not go to mikveh standing on top of a kli. <ref>Raavad Baalei Hanefesh siman 1 writes that a woman may not go to mikveh on top of a kli that is mekabel tumah. She can go on top of a kli cheres since it does't have tumah on its backside. Mishna Mikvaot 5:2 states that mayan water that goes into or over a kli is unfit for a mikveh. The Raavad explains that this is based on a prohibition lest a person go to mikveh in a kli. Rashba Torat Habayit Hakatzar 30a and Rabbenu Yerucham 26:5 cited by Bet Yosef 198 agree. Ran Shevuot 6b s.v. isha cites the Raavad. Similarly, the Rash Mikvaot 5:2 limits the issue of going to mikveh in a kli to where the kli is attached to ground because it might be used as an unfit mikveh but if it is detached from the ground there's no restriction. The Bet Yosef understands the Rosh Mikvaot 9 as disagreeing with this idea. | ||
* However, the Rosh Mikvaot 32 and Rambam Mikvaot 1:11 don't mention this restriction of the Raavad. They might have understood the mishna differently. Bet Yosef 198:31 explains the Rambam that a mikveh is only unfit if in the creation of the mikveh all of the water went over a kli on its way to the mikveh whether that kli has a receptacle or not. Rabbinically it is invalid to go to the mikveh over a kli even if it doesn't have a receptacle and even that water after it has come out of that kli is only a mikveh and not a mayan. But going to mikveh on top of a kli in the mikveh is fit. Alternatively, the restriction was only for a kli without a receptacle but an overturned kli with a receptacle is permitted since it is evident that it isn't being used for a mikveh. Nonetheless, Shulchan Aruch 198:31 rules like the Raavad.</ref> | * However, the Rosh Mikvaot 32 and Rambam Mikvaot 1:11 don't mention this restriction of the Raavad. They might have understood the mishna differently. Bet Yosef 198:31 explains the Rambam that a mikveh is only unfit if in the creation of the mikveh all of the water went over a kli on its way to the mikveh whether that kli has a receptacle or not. Rabbinically it is invalid to go to the mikveh over a kli even if it doesn't have a receptacle and even that water after it has come out of that kli is only a mikveh and not a mayan. But going to mikveh on top of a kli in the mikveh is fit. Alternatively, the restriction was only for a kli without a receptacle but an overturned kli with a receptacle is permitted since it is evident that it isn't being used for a mikveh. Nonetheless, Shulchan Aruch 198:31 rules like the Raavad.</ref> | ||
=== 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> | |||
# 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> | |||
# Making a mikveh with cement is acceptable. Even though it is appears to be one unit after it dries as though it was a vessel, it is considered building a structure and not creating a vessel. Also, the cement frame can’t be lifted up as a unit like a vessel.<ref>*According to the Chatom Sofer if you create a vessel while is attached to the ground it is considered a kosher mikveh. However, according to Rabbi Akiva Eiger if it is a vessel even though it was created while it is attached the ground it isn’t a vessel for sheuvim but it is a vessel to disallow dipping in it as a mikveh. According to Rabbi Akiva Eiger how can you build a mikveh? Shouldn’t the plastering or cementing of the rocks together be considered creating a vessel attached to the ground? | |||
*Bet Shlomo 2:70 and Chazon Ish Mikvaot 2:13 hold that it isn’t considered a vessel when the pieces are being built into the ground and come together. That is considered building a structure and not a vessel. Chelkat Binyamin 201:144 writes that the Nodeh Beyehuda 2:142 s.v. vod and Divrei Chaim 201:36 agree. | |||
*Similarly, Igrot Moshe YD 1:108 writes that making a mikveh with cement isn’t considered a vessel because it couldn’t be picked up as a vessel and would fall apart. He continues to it is only an issue if it is considered by people to be a vessel created when it was attached just like it is a detached vessel. But since the cement mikveh people don’t see it as a vessel but as a structure it isn’t an issue at all. He explains that even if the cement is painted and decorated it is still permitted since because know it is a mikveh and not a vessel. | |||
*Chelkat Binyamin 201:144 is lenient. The Darkei Teshuva 201:206 quotes many achronim who hold that using cement to hold rocks together to create a mikveh doesn’t invalidate the mikveh since that is the normal way to build a building and not the way to create a vessel. Maharsham 1:35 and 1:145 is hesitant to be lenient since the cement holds the rocks together and forms it as a vessel which is invalid for a mikveh. Maharsham 2:102 is lenient if there’s no other option since the cement can’t be removed and it is therefore considered a building and not a vessel.</ref> | |||
# A complete vessel such as a bathtub which was a vessel before it was attached to the ground is an invalid mikveh.<ref>Rama 201:7. Depends on the discussion of pipes meant to be attached to the ground.</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> | |||
==A Colored Mikveh== | ==A Colored Mikveh== | ||
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# 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> | # 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== | ==Trust Regarding the Maintenance of a Mikveh== | ||
=== Non-Jewish Owned Mikveh === | |||
# 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> | ||
=== Individual Jew === | |||
# 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> | # 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 === | ||
# If someone finds a man made pit of water in Israel outside of a city it is assumed to be rainwater and a kosher mikveh, but in the Diaspora it is assumed to be a non-kosher mikveh. Nowadays the assumption that it is a kosher mikveh doesn't even apply in Israel.<ref>The Mishna Mikvaot 8:1 establishes that a pit of water found outside a city in Israel is assumed to be from rainwater and not used for laundry and therefore kosher, but inside the city it is assumed that it is used for laundry and therefore drawn water which is invalid for a mikveh. In the Diaspora it is always assumed to be drawn since they aren't concerned about this. This is also found in the Tosefta Mikvaot 6:1 and codified by the Rambam Mikvaot 10:5. Bet Yosef 201:74 comments that today even in Israel the lenient assumption to consider a pit of water outside a city to be a mikveh doesn't apply since the Jews don't rule Israel. Shulchan Aruch 201:74 rules accordingly that any pit found with water is presumed to be invalid. Shaarei Mikvaot 201:302 adds that today a man made pit with water is invalid even in Israel leven where Jews live since there are many pools of drawn water for many reasons.</ref> | # If someone finds a man made pit of water in Israel outside of a city it is assumed to be rainwater and a kosher mikveh, but in the Diaspora it is assumed to be a non-kosher mikveh. Nowadays the assumption that it is a kosher mikveh doesn't even apply in Israel.<ref>The Mishna Mikvaot 8:1 establishes that a pit of water found outside a city in Israel is assumed to be from rainwater and not used for laundry and therefore kosher, but inside the city it is assumed that it is used for laundry and therefore drawn water which is invalid for a mikveh. In the Diaspora it is always assumed to be drawn since they aren't concerned about this. This is also found in the Tosefta Mikvaot 6:1 and codified by the Rambam Mikvaot 10:5. Bet Yosef 201:74 comments that today even in Israel the lenient assumption to consider a pit of water outside a city to be a mikveh doesn't apply since the Jews don't rule Israel. Shulchan Aruch 201:74 rules accordingly that any pit found with water is presumed to be invalid. Shaarei Mikvaot 201:302 adds that today a man made pit with water is invalid even in Israel leven where Jews live since there are many pools of drawn water for many reasons.</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> | # 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> | ||
==Modern Mikvaot== | ==Modern Mikvaot== | ||
