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Mikvaot: Difference between revisions
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Igrot Moshe YD 1:113 writes that if a mikveh is kosher and moving it is still possible to have a connection to a kosher mikveh to permit it. Even though a moving mikveh isn’t fit for tevilah it is a kosher mikveh to permit another mikveh. His proof is from the Rash Mikvaot 3:3 who says that the rainwater pouring into a mikveh and there’s water pouring out of it is acceptable to validate the mikveh. Bet Yosef 201:20 and Shach 201:55 cite this. However, Shaarei Mikvaot 201:96 is strict based on the Maharit 2:18. Mishneh Halachot 10:156 is strict. He quotes Maharam Shik 198 who is also strict. | Igrot Moshe YD 1:113 writes that if a mikveh is kosher and moving it is still possible to have a connection to a kosher mikveh to permit it. Even though a moving mikveh isn’t fit for tevilah it is a kosher mikveh to permit another mikveh. His proof is from the Rash Mikvaot 3:3 who says that the rainwater pouring into a mikveh and there’s water pouring out of it is acceptable to validate the mikveh. Bet Yosef 201:20 and Shach 201:55 cite this. However, Shaarei Mikvaot 201:96 is strict based on the Maharit 2:18. Mishneh Halachot 10:156 is strict. He quotes Maharam Shik 198 who is also strict. | ||
Chazon Ish 3 is strict and suggests either having the zeriya hole above where the water enters or having a plug | Chazon Ish 3 is strict and suggests either having the zeriya hole above where the water enters or having a plug | ||
Chelkat Yakov 111 is strict but it isn’t an issue if a little water at the end comes while it is moving since a majority of mikveh was already kosher with standing zeriya. | Chelkat Yakov 111 is strict but it isn’t an issue if a little water at the end comes while it is moving since a majority of mikveh was already kosher with standing zeriya. | ||
===Hashaka between Shuevim or Mey Geshamim and a Mayan=== | |||
# The Mishna<ref>Mikvaot 1:7</ref> clearly states that a mayan which has a majority of sheuvim water is treated like a mikveh that it can only purify while standing still (eshborin). The Raah<ref>Ritva (Nedarim 13a) quotes the Raah</ref> is bothered why this is the case if hashaka works to purify sheuvim water to become non-sheuvim in a mikveh. He answers that in fact hashaka is relevant to convert sheuvim water into mayan water to purify even will moving (zochlin). He explains that the Mishna means that in the place where the mayan flowed originally it is still a mayan, but in the places where it expanded or went further than before the sheuvim was added it is treated as a mikveh. However, the rest of the rishonim firmly disagree with this view and do not accept hashaka of sheuvim with a mayan.<ref>Tosfot Bechorot 55b s.v. ein and Ritva (Nedarim 13a) quoting Ramban, Raavad, and Rav Pinchas Halevi, brother of Raah, all hold that hashaka of sheuvim and a mayan does not make the sheuvim into mayan water. Their explanation is based on Nedarim 40b and Mikvaot 1:7 which indicates that once there is a majority of sheuvim or rain water compared to the mayan water, it is no longer considered a mayan to purify with zochlin. The evidence for Raah is from Mikvoat 5:3 which implies that a flowing mayan which is expanded with sheuvim is still a considered a mayan. Ramban answers that Mikvaot 5:3 is discussing where the sheuvim is added directly into the mayan. That effectively converts the sheuvim into mayan water, but if the sheuvim or rain water is added anywhere else downstream hashaka is ineffective and it is not considered mayan water. Rabbi Pinchas answers that a majority of mayan water can nullify the sheuvim or rain water to become like mayan water. Nonetheless, on a rabbinic level they disallowed using a mayan with a minority of rain water in the places where it expanded or continued further than where it flowed previously because of a concern that it appears that tevila is acceptable in zochlin of mikveh water. That's the explanation in Mikvaot 5:3 which is discussing where there isn't a majority of mayan water. However, Mikvaot 1:7 and Nedarim 40b are discussing where there is a majority of rain water in which case hashaka doesn't help to make it into mayan water. </ref> | |||
Ramban understands that </ref> Several explanations are provided why hashaka doesn't work here: | |||
## Ritva<Ref>Nedarim 13b</ref> explains that hashaka with sheuvim only works since sheuvim is really rabbinic even if there's a majority of sheuvim the mikveh is still kosher from the Torah. Since it is rabbinic the rabbis allowed added a lot of sheuvim to a complete mikveh even if the result will be that there is more sheuvim than mikveh water. However, zochlin is a Torah invalidation of mikveh water and so it can't be fixed with hashaka. | |||
## Trumat Hadeshen<Ref>Trumat Hadeshen 254</ref> writes that the reason hashaka works for sheuvim is because sheuvim is only invalid since it is detached from the ground. Hashaka reattaches to a mikveh and makes it like it is touching the ground. However, zochlin is a different invalidation that the Torah stated and for that hashaka doesn't help. | |||
# There is no distinction between sheuvim water and rain water for this discussion of hashaka with a mayan.<ref>Trumat Hadeshen 254</ref> | |||
# Does bitul of rov help to purify sheuvim water in a mayan? Several rishonim hold that bitul is helpful to allow sheuvim water or rain water in a mayan to become acceptable like mayan water.<ref>Rabbenu Tam and Tosfot Bechorot 55b s.v. ein, Rabbi Pinchas Halevi, brother of Raah, cited by Ritva Nedarim 13a)</ref> Within these rishonim they argue whether it is possible to have kama kama batel, consecutive bitul of a little bit at a time. Some rishonim hold that it is batel a little at a time<ref>Rabbenu Tam cited in Tosfot Bechorot 55b s.v. ein</ref> and others hold it isn't.<ref>Ritva Nedarim 13b holds that kama kama batel is irrelevant to rain or a growth of kilayim since it is natural for it to continue. It is different than someone pouring which he could decide to stop at any moment. See also Ramban Bava Batra 2a for the same type of idea.</ref> | |||
===Hashaka with Mikveh that doesn’t have 40 seah=== | ===Hashaka with Mikveh that doesn’t have 40 seah=== | ||
# If there’s drawn water next to a mikveh that is lacking 40 seah and the drawn water is connected with a small hole that doesn’t invalidate the mikveh because that drawn water is merely touching the mikveh and not mixed in it.<ref>Mishna Mikvaot 6:10 states that a mikveh next to another mikveh doesn’t invalidate it. Rambam Hilchot Mikvaot 6:11 based on the mishna writes that if there’s drawn water connected to a mikveh it doesn’t invalidate it. Shulchan Aruch YD 201:18 codifies the Rambam.</ref> The hole has to be small enough that from the hole to the opposite wall the amount of water that would be contained in such a cylinder or box is less than 3 lug. If the hole was the size that opposing it is 3 lug of water then the drawn water invalidates the mikveh. <ref>Mishna Mikvaot 6:11 states that if there’s a pit of drawn water connected to a mikveh it invalidates the mikveh if the hole holds 3 lug. The Rambam Mikvaot 6:12-13 and Shulchan Aruch YD 201:18 quote this Mishna. Chelkat Binyamin 201:302 explains that the measure of 3 lug is measured by the amount of water that would be contained in the area opposite the hole from the wall with the hole until the opposite wall. </ref> If the mikveh has 40 seah it is kosher.<ref>Bet Yosef 201:17, Shach 201:53, Shaarei Mikvaot 201:85</ref> | # If there’s drawn water next to a mikveh that is lacking 40 seah and the drawn water is connected with a small hole that doesn’t invalidate the mikveh because that drawn water is merely touching the mikveh and not mixed in it.<ref>Mishna Mikvaot 6:10 states that a mikveh next to another mikveh doesn’t invalidate it. Rambam Hilchot Mikvaot 6:11 based on the mishna writes that if there’s drawn water connected to a mikveh it doesn’t invalidate it. Shulchan Aruch YD 201:18 codifies the Rambam.</ref> The hole has to be small enough that from the hole to the opposite wall the amount of water that would be contained in such a cylinder or box is less than 3 lug. If the hole was the size that opposing it is 3 lug of water then the drawn water invalidates the mikveh. <ref>Mishna Mikvaot 6:11 states that if there’s a pit of drawn water connected to a mikveh it invalidates the mikveh if the hole holds 3 lug. The Rambam Mikvaot 6:12-13 and Shulchan Aruch YD 201:18 quote this Mishna. Chelkat Binyamin 201:302 explains that the measure of 3 lug is measured by the amount of water that would be contained in the area opposite the hole from the wall with the hole until the opposite wall. </ref> If the mikveh has 40 seah it is kosher.<ref>Bet Yosef 201:17, Shach 201:53, Shaarei Mikvaot 201:85</ref> | ||
