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Mikvaot: Difference between revisions
From Halachipedia
→Hamshacha
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==Hamshacha== | ==Hamshacha== | ||
# A mikveh that has 20 seah and a bit<ref> Tashbetz 1:17 holds that one should be strict for Rashi Nazir 38a who holds that it is necessary to have 21 seah before the hamshacha. Bet Yosef 201:44 and Shulchan Aruch argue that a simply majority of the 40 seah is necessary and nothing more.</ref> of rainwater and the rest of the mikveh is filled up with drawn water that was drawn along the ground is kosher.<Ref>The Gemara Temurah 12a records a dispute between Rabbi Eliezer Ben Yakov and Rabbanan whether hamshacha works for the entire mikveh or just the minority of the mikveh. Some rishonim held that we follow Rabbanan and validated a mikveh that was made completely of drawn water. The Rambam Mikvaot 4:9 writes that some rabbis of the west ruled that hamshacha works for the entire mikveh. He disagrees and instead rules like Rabbi Eliezer Ben Yakov since the Mishna Mikvaot 4:4 follows his opinion. | # A mikveh that has 20 seah and a bit<ref> Tashbetz 1:17 holds that one should be strict for Rashi Nazir 38a who holds that it is necessary to have 21 seah before the hamshacha. Bet Yosef 201:44 and Shulchan Aruch argue that a simply majority of the 40 seah is necessary and nothing more.</ref> of rainwater and the rest of the mikveh is filled up with drawn water that was drawn along the ground is kosher.<Ref>The Gemara Temurah 12a records a dispute between Rabbi Eliezer Ben Yakov and Rabbanan whether hamshacha works for the entire mikveh or just the minority of the mikveh. Some rishonim held that we follow Rabbanan and validated a mikveh that was made completely of drawn water. The Rambam (Mikvaot 4:9) writes that some rabbis of the west ruled that hamshacha works for the entire mikveh. He disagrees and instead rules like Rabbi Eliezer Ben Yakov since the Mishna Mikvaot 4:4 follows his opinion. He reiterates this in his commentary on Mishna (Mikvaot 4:4). Tosfot Temurah 12b, Rosh Mikvaot n. 7, Raavad (cited by Bet Yosef 201:44), and Rivash 125 agree with the Rambam. | ||
* The Rif: The Ran Shevuot 5b s.v. maleh explains that the Rif and Rash hold that hamshacha works for the entire mikveh. Rashba 3:228 and Ramban b”b 65b also explain the Rif in the same way. The Bet Yosef 201:44 argues in fact the Rif agreed with the Rambam. Shulchan Aruch 201:44 codifies the opinion of the Rambam and Rosh. | * The Rif: The Ran Shevuot 5b s.v. maleh explains that the Rif and Rash hold that hamshacha works for the entire mikveh. Rashba 3:228 and Ramban b”b 65b also explain the Rif in the same way. The Bet Yosef 201:44 argues in fact the Rif agreed with the Rambam. Shulchan Aruch 201:44 codifies the opinion of the Rambam and Rosh. | ||
* The Rash Mikvaot 4:4 explains that opinion of the Mishna is that hamshacha only works if the drawn water mixes with rainwater before they fall into the mikveh. Rabbi Eliezer Ben Yakov in the Tosefta however doesn’t require that. Rash (Mikvaot 2:3) holds that hamshacha works from the Torah for the whole mikveh. Rosh Mikvaot n. 7 discusses this question and concludes leniently.</ref> | * The Rash Mikvaot 4:4 explains that opinion of the Mishna is that hamshacha only works if the drawn water mixes with rainwater before they fall into the mikveh. Rabbi Eliezer Ben Yakov in the Tosefta however doesn’t require that. Rash (Mikvaot 2:3) holds that hamshacha works from the Torah for the whole mikveh. Rosh Mikvaot n. 7 discusses this question and concludes leniently.</ref> | ||
