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Tefisat Yedey Adam: Difference between revisions
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→Hamshacha
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*However, the Bet Yosef 201:39 assumes that the two invalidations are the same and the Rash who says hamshacha on tefisat yadey adam holds in general that tefisat yadey adam is effective for everything. | *However, the Bet Yosef 201:39 assumes that the two invalidations are the same and the Rash who says hamshacha on tefisat yadey adam holds in general that tefisat yadey adam is effective for everything. | ||
*On the other hand, [http://www.hebrewbooks.org/pdfpager.aspx?req=8922&st=&pgnum=450 the Rashba (Torat Habayit Shaar Hamayim ch. 5 36a)] writes that only if water is drawn by the feet of animal is it is valid but if a person draws water with his feet it is invalid even if it is drawn along the ground. Bet Yosef 201:39 cites this. Rosh Hilchot Mikvaot no. 2 cited by Bet Yosef 201:15:4 and Tur 201:15 agree. However, the Rash Mikvaot 2:8 and Rambam Hilchot Mikvaot 5:8 seem to agree with the Raavad and don’t distinguish between people and animals and both are valid if it is drawn along the ground. See Taz 201:28 for a lengthy explanation of both approaches. | *On the other hand, [http://www.hebrewbooks.org/pdfpager.aspx?req=8922&st=&pgnum=450 the Rashba (Torat Habayit Shaar Hamayim ch. 5 36a)] writes that only if water is drawn by the feet of animal is it is valid but if a person draws water with his feet it is invalid even if it is drawn along the ground. Bet Yosef 201:39 cites this. Rosh Hilchot Mikvaot no. 2 cited by Bet Yosef 201:15:4 and Tur 201:15 agree. However, the Rash Mikvaot 2:8 and Rambam Hilchot Mikvaot 5:8 seem to agree with the Raavad and don’t distinguish between people and animals and both are valid if it is drawn along the ground. See Taz 201:28 for a lengthy explanation of both approaches. | ||
*Bach 201:26 and Taz 201:28 write that we follow the Rosh. Therefore, it is only valid if there’s a majority of rainwater in the mikveh besides the water drawn on the ground by a person into it. Aruch Hashulchan 201:120 agrees. (Rama seems to be citing both the Raavad and Rosh but see the Taz.) Divrei Yosef p. 147 writes that the Shulchan Aruch 201:39 accepts the Rosh and Tur.</ref> while others say it is only valid if the majority of the mikveh wasn’t drawn by a person at all. We are strict.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=14334&pgnum=317 Chazon Ish YD 129:10] argues that everyone agrees that if the water didn’t leave the ground it is valid even if it is drawn by a person. Chelkat Binyamin 201:270 presents both the approach of the Taz and Chazon Ish but doesn’t offer a resolution. In the footnotes he cites the Taharat Yisrael 83 and Shach 201:50 as holding like the Chazon Ish. Similarly, Igrot Moshe YD 1:120:5 distinguishes between having the water not leave the ground in which case there’s no tefisat yadey adam and carrying the water and then placing it on the ground for hamshacha which is invalid to remove tefisat yadey adam. </ref> | *Bach 201:26 and Taz 201:28 write that we follow the Rosh. Therefore, it is only valid if there’s a majority of rainwater in the mikveh besides the water drawn on the ground by a person into it. Aruch Hashulchan 201:120 agrees. (Rama seems to be citing both the Raavad and Rosh but see the Taz.) Divrei Yosef p. 147 writes that the Shulchan Aruch 201:39 accepts the Rosh and Tur.</ref> while others say it is only valid if the majority of the mikveh wasn’t drawn by a person at all. We are strict.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=14334&pgnum=317 Chazon Ish YD 129:10] argues that everyone agrees that if the water didn’t leave the ground it is valid even if it is drawn by a person. Chelkat Binyamin 201:270 presents both the approach of the Taz and Chazon Ish, but doesn’t offer a resolution. In the footnotes he cites the Taharat Yisrael 83 and Shach 201:50 as holding like the Chazon Ish. Similarly, Igrot Moshe YD 1:120:5 distinguishes between having the water not leave the ground in which case there’s no tefisat yadey adam and carrying the water and then placing it on the ground for hamshacha which is invalid to remove tefisat yadey adam. </ref> | ||
==Sources== | ==Sources== | ||
<references /> | <references /> | ||
[[Category:Mikvaot|Yoreh Deah]] | [[Category:Mikvaot|Yoreh Deah]] | ||
