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Mikvaot: Difference between revisions
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→Creation of a Mikveh through Something Susceptible to Tumah
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==Creation of a Mikveh through Something Susceptible to Tumah== | ==Creation of a Mikveh through Something Susceptible to Tumah== | ||
# A mikveh may not be created by the use of something that is susceptible to tumah otherwise it is invalid.<Ref>Mishna Mikvaot 6:4, Zevachim 25b, Tur and Shulchan Aruch Y.D. 201:48. The Bet Yosef 201:48 explains that in fact the entire concept that if there’s something susceptible to tumah in the creation of the mikveh it is invalid is only the opinion of the Rash and Rosh, but the Rambam completely disagrees. Rambam holds that this is only an invalidation for mayan and not mikveh. We follow the Rash and Rosh.</ref> This invalidation is biblical.<Ref>Rash (Mikvaot 2:3 and 5:5), Rashi (Zevachim 25b s.v. havayatan), Rosh (Mikvaot n. 11), and Tur 201:48. Chatom Sofer 199:5 and Chazon Ish (Mikvaot 3:17) hold this invalidation of creating a mikveh through something that was susceptible to tumah is biblical since it is learned from a pasuk. Chelkat Binyamin 201:679 agrees. (See, however, Ritva (Bava Batra 66a s.v. vha) who seems to understand that this biblical derivation only applies to kelim but not anything which is susceptible to tumah such as a person.) | # A mikveh may not be created by the use of something that is susceptible to tumah otherwise it is invalid.<Ref>Mishna Mikvaot 6:4, Zevachim 25b, Tur and Shulchan Aruch Y.D. 201:48. The Bet Yosef 201:48 explains that in fact the entire concept that if there’s something susceptible to tumah in the creation of the mikveh it is invalid is only the opinion of the Rash and Rosh, but the Rambam completely disagrees. Rambam holds that this is only an invalidation for mayan and not mikveh. We follow the Rash and Rosh.</ref> This invalidation is biblical and applies to mikveh.<Ref>Rash (Mikvaot 2:3 and 5:5), Rashi (Zevachim 25b s.v. havayatan), Rosh (Mikvaot n. 11), Rabbenu Tam (Sefer Hayashar 671:6), and Tur 201:48. Chatom Sofer 199:5 and Chazon Ish (Mikvaot 3:17) hold this invalidation of creating a mikveh through something that was susceptible to tumah is biblical since it is learned from a pasuk. Chelkat Binyamin 201:679 agrees. (See, however, Ritva (Bava Batra 66a s.v. vha) who seems to understand that this biblical derivation only applies to kelim but not anything which is susceptible to tumah such as a person.) | ||
* Not all rishonim agree that this is a pasul at all for mikveh. Yereyim 26 writes that the derivation of Zevachim 25b only applies to a mayan but not a mikveh. Mordechai (Shevuot 746, cited by Bet Yosef 201:48) quotes this Yereyim as well as Rabbenu Shmuel who agrees. Bet Yosef 201:48 and Mishna Achrona (Parah 6:4) add that Rambam also holds like this. See also Lechem Vsimla (201:16:5 s.v. harambam). However, Rashi (Zevachim 25b s.v. havaytan) writes that the gemara is relevant even to a mikveh.</ref> | * Not all rishonim agree that this is a pasul at all for mikveh. Yereyim 26 writes that the derivation of Zevachim 25b only applies to a mayan but not a mikveh. Mordechai (Shevuot 746, cited by Bet Yosef 201:48) quotes this Yereyim as well as Rabbenu Shmuel who agrees. Bet Yosef 201:48 and Mishna Achrona (Parah 6:4) add that Rambam also holds like this. See also Lechem Vsimla (201:16:5 s.v. harambam). However, Rashi (Zevachim 25b s.v. havaytan) writes that the gemara is relevant even to a mikveh.</ref> | ||
# If the mikveh that was created with something that is susceptible to tumah and is invalid is connected to a mayan it is fixed and made valid again.<ref>The Rosh Mikvaot n. 12 writes that hashaka works for a mayan to be connected a mikveh and transform it into a kosher one. Specifically, he says that it can remove the invalidation of being created with something susceptible to tumah. The Bet Yosef 201:49 infers from the Rashba 3:228 that it is ineffective. Shulchan Aruch 201:49 follows the Rosh. Shach 201:105 arguing with the Hagahot Perisha in fact states that this connection only needs to be temporary in order to validate the mikveh.</ref> | # If the mikveh that was created with something that is susceptible to tumah and is invalid is connected to a mayan it is fixed and made valid again.<ref>The Rosh Mikvaot n. 12 writes that hashaka works for a mayan to be connected a mikveh and transform it into a kosher one. Specifically, he says that it can remove the invalidation of being created with something susceptible to tumah. The Bet Yosef 201:49 infers from the Rashba 3:228 that it is ineffective. Shulchan Aruch 201:49 follows the Rosh. Shach 201:105 arguing with the Hagahot Perisha in fact states that this connection only needs to be temporary in order to validate the mikveh.</ref> | ||
