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Rambam - 3 Chapters a Day

Mikvaot - Chapter 8, Mikvaot - Chapter 9, Mikvaot - Chapter 10

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Mikvaot - Chapter 8

1Any body of water that is in contact with a mikveh, is considered as the mikveh itself and it can be used for immersion.1אכָּל הַמְּעֹרָב לַמִּקְוֶה - הֲרֵי הוּא כַּמִּקְוֶה, וּמַטְבִּילִין בּוֹ.
When cavities that are next to the opening of a mikveh or the footprints left by animals share a point of contact with the water of the mikveh that is as large as the mouthpiece of a drinking pouch,2 they may be used for immersion.3גּוּמוֹת הַסְּמוּכוֹת לְפִי הַמִּקְוֶה, וּמְקוֹם רַגְלֵי פַּרְסוֹת בְּהֵמָה שֶׁהָיוּ בָהֶן מַיִם מְעֹרָבִין עִם מֵי הַמִּקְוֶה כִּשְׁפוֹפֶרֶת הַנּוֹד - מַטְבִּילִין בָּהֶן.
2Cavities at the side of the mikveh4 or crevices at the side of mikveh may be used for immersion even if they have only the slightest point of contact with the water of the mikveh.5בחַדְרֵי הַמְּעָרָה וְסִדְקֵי הַמְּעָרָה - מַטְבִּילִין בָּהֶן, אַף עַל פִּי שֶׁאֵין הַמַּיִם שֶׁבָּהֶן מְעֹרָבִין עִם מֵי הַמִּקְוֶה אֶלָּא בְּכָל שֶׁהוּא.
3When a needle was placed on the steps leading to a mikveh, one may move his hand back and forth in the water to create waves. Once the wave passes over the needle, it regains purity.6גמַחַט שֶׁהָיְתָה נְתוּנָה עַל מַעֲלוֹת הַמִּקְוֶה, וְהָיָה מוֹלִיךְ וּמֵבִיא בַּמַּיִם - כֵּיוָן שֶׁעָבַר עָלֶיהָ הַגַּל, טְהוֹרָה.
4The following laws apply to a hidden reservoir7 in a mikveh: If the ground that separates between the mikveh and the reservoir is sturdy and capable of remaining over the course of time, one may not use the water in the reservoir for immersion unless it shares a point of contact with the mikveh as large as the mouthpiece of a drinking pouch. If it is not capable of remaining for an extended period, one may immerse in its water as long as it shares any contact whatsoever with the water of the mikveh.דעוּקָה שֶׁבְּתוֹךְ מִקְוֶה: אִם הָיְתָה הַקַּרְקַע הַמַּבְדֶּלֶת בֵּין הָעוּקָה וְהַמִּקְוֶה בְּרִיאָה וִיכוֹלָה לְהַעֲמִיד אֶת עַצְמָהּ, אֵין מַטְבִּילִין בַּמַּיִם שֶׁבָּעוּקָה, עַד שֶׁיִּהְיוּ מְעֹרָבִין עִם הַמִּקְוֶה כִּשְׁפוֹפֶרֶת הַנּוֹד; וְאִם אֵינָהּ יְכוֹלָה לְהַעֲמִיד אֶת עַצְמָהּ, אֲפִלּוּ אֵינָן מְעֹרָבִין אֶלָּא בְּכָל שֶׁהוּא - מַטְבִּילִין בָּהֶן.
5When the wall between two mikvaos is cracked in half,8 the two mikvaos are considered as joined. If together they contain 40 se’ah, either of them may be used for immersion.הכֹּתֶל שֶׁבֵּין שְׁנֵי מִקְוָאוֹת שֶׁנִּסְדַּק (לשנים) לַשְּׁתִי, מִצְטָרְפִין; וְאִם הָיָה בִּשְׁנֵיהֶן אַרְבָּעִים סְאָה, מַטְבִּילִין בְּכָל אֶחָד מֵהֶן.
If the wall is cracked horizontally,9 they are not considered as joined unless there is a point of contact the size of the mouthpiece of a drinking pouch.10וְאִם נִסְדַּק לָעֵרֶב - אֵין מִצְטָרְפִין, עַד שֶׁיִּהְיֶה בְּמָקוֹם אֶחָד כִּשְׁפוֹפֶרֶת הַנּוֹד.
If the water is joined above the wall, they are considered as joined provided there is a layer of water even as thin as a garlic peel connecting them over the width of a space the size of the mouthpiece of a drinking pouch.11נִפְרַץ הַכֹּתֶל מִלְמַעְלָה - אִם נִתְעָרְבוּ הַמַּיִם לְמַעְלָה מִן הַכֹּתֶל כִּקְלִפַּת הַשּׁוּם עַל רֹחַב שְׁפוֹפֶרֶת הַנּוֹד, מִצְטָרְפִין.
6How large is the measure of a hole the size of the mouthpiece of a drinking pouch? A circle with a diameter the width sufficient to enable two average sized fingers of an ordinary person12 to rotate within it. The fingers mentioned do not refer to the thumb,13 but to the first two of the four on the palm of one’s hand.וכַּמָּה הוּא שִׁעוּר הַנֶּקֶב שֶׁהוּא כִּשְׁפוֹפֶרֶת הַנּוֹד? בְּרֹחַב שְׁתֵּי אֶצְבָּעוֹת בֵּינוֹנִיּוֹת שֶׁל כָּל אָדָם, וְחוֹזְרוֹת בּוֹ; וְאֵינָן בַּגוּדָל, אֶלָּא שְׁתֵּי אֶצְבָּעוֹת רִאשׁוֹנוֹת מִן הָאַרְבַּע שֶׁבְּפַס הַיָּד.
Any entity present in the hole the size of the mouthpiece of a drinking pouch reduces that measure.14 This applies even to entities that were created from the water.15כֹּל שֶׁיַּעֲמֹד בִּשְׁפוֹפֶרֶת הַנּוֹד מְמַעֵט, וַאֲפִלּוּ בִּדְבָרִים שֶׁהֵן מִבְּרִיָּתוֹ שֶׁל מַיִם.
If there is a doubt whether a hole is the size of the mouthpiece of a drinking pouch or not, the mikvaos are not considered as joined. The rationale is that the primary obligation16 to immerse is Scriptural.17 And whenever the primary obligation is Scriptural, even when the measure stated is conveyed by the Oral Tradition,18 we rule stringently when there is an unresolved doubt regarding its measure.סָפֵק יֵשׁ בַּנֶּקֶב כִּשְׁפוֹפֶרֶת הַנּוֹד סָפֵק שֶׁאֵין בּוֹ - אֵין מִצְטָרְפִין; מִפְּנֵי שֶׁעִקַּר הַטְּבִילָה מִן הַתּוֹרָה, וְכֹל שֶׁעִקָּרוֹ מִן הַתּוֹרָה, אַף עַל פִּי שֶׁשִּׁעוּרוֹ הֲלָכָה - סְפֵק שִׁעוּרוֹ לְהַחֲמִיר.
7Mikvaos may be purified from each other,19 an upper mikveh from a lower one and a far-away mikveh from one that is close.זמְטַהֲרִין אֶת הַמִּקְוָאוֹת הָעֶלְיוֹן מִן הַתַּחְתּוֹן, וְהָרָחוֹק מִן הַקָּרוֹב.
What is implied? An earthenware or lead pipe20 — for pipes do not disqualify a mikveh21 is brought and inserted into the acceptable mikveh. One places his hand under it22 until it becomes full and then takes it and connects it so that the water in the pipe will become intermingled with the water of the other mikveh. Even if the point where they become intermingled is only a hairsbreadth, it is sufficient.23 Then the two mikvaos connected by the pipe are considered as one.כֵּיצַד? מְבִיאִין סִילוֹן שֶׁל חֶרֶס אוֹ שֶׁל אֲבָר וְכַיּוֹצֵא בָהֶן, שֶׁאֵין הַסִּילוֹנוֹת פּוֹסְלִין אֶת הַמִּקְוֶה, וּמַנִּיחַ אֶת יָדָיו תַּחְתָּיו עַד שֶׁיִּתְמַלֵּא מַיִם, וּמוֹשְׁכוֹ וּמַשִּׁיקוֹ עַד שֶׁיִּתְעָרֵב הַמַּיִם שֶׁבַּסִּילוֹן עִם מֵי הַמִּקְוֶה הָאַחֵר; אֲפִלּוּ כְּשַׂעֲרָה דַּיּוֹ, וַהֲרֵי שְׁנֵי הַמִּקְוָאוֹת שֶׁהַסִּילוֹן בֵּינֵיהֶן כְּמִקְוֶה אֶחָד.
8The following rules apply when there are three cavities24 in a wadi, the higher one and the lower one contain only 20 se’ah, the middle one contains 40 se’ah, and a current of rain water flows through the wadi.25 Although the current of water flows into the cavities and out of them, it does not join the cavities as one.חשָׁלֹשׁ גּוּמוֹת שֶׁבַּנַּחַל, הַתַּחְתּוֹנָה וְהָעֶלְיוֹנָה שֶׁל עֶשְׂרִים סְאָה וְהָאֶמְצָעִית שֶׁל אַרְבָּעִים, וְשֶׁטֶף שֶׁל גְּשָׁמִים עוֹבֵר בְּתוֹךְ הַנַּחַל, אַף עַל פִּי שֶׁהוּא נִכְנָס לְתוֹכָן וְיוֹצֵא מִתּוֹכָן - אֵין זֶה עֵרוּב.
Hence, only the middle one is acceptable for immersion.26 The rationale is that water that is flowing does not join mikvaos unless it collects in one place.27וְאֵין מַטְבִּילִין אֶלָּא בָּאֶמְצָעִית, שֶׁאֵין הַמַּיִם הַנִּזְחָלִין מְעָרְבִין אֶלָּא אִם כֵּן עָמְדוּ.
9Soft mud from which a cow drinks may be measured as part of a mikveh.28 If it is so thick that a cow would not drink from it, it should not be measured as part of it.טטִיט רַךְ שֶׁהַפָּרָה שׁוֹחָה וְשׁוֹתָה מִמֶּנּוּ, הֲרֵי זֶה נִמְדָּד עִם הַמִּקְוֶה; הָיָה עָבֶה עַד שֶׁאֵין הַפָּרָה שׁוֹחָה וְשׁוֹתָה, אֵינוֹ נִמְדָּד עִמּוֹ.
10When a mikveh contains 40 se’ah of water and mud, one may immerse in both the mud and the water.29 In which mud may one immerse? In soft mud over which water collects. If the water was on one side and the soft mud on the other side, one may immerse in the water, but not in the mud.30ימִקְוֶה שֶׁיֵּשׁ בּוֹ אַרְבָּעִים סְאָה מַיִם וְטִיט, מַטְבִּילִין בַּטִּיט וּבַמַּיִם. בְּאֵי זֶה טִיט מַטְבִּילִין? בְּטִיט הָרַךְ שֶׁהַמַּיִם צָפִין עַל גַּבָּיו. הָיוּ הַמַּיִם מִצַּד אֶחָד, וְהַטִּיט הָרַךְ מִצַּד אַחֵר - מַטְבִּילִין בַּמַּיִם וְלֹא בַטִּיט.
11Any substance that was created from the water, e.g., red worms, is acceptable for immersion.31 One may immerse in the eye of a giant fish.32יאכֹּל שֶׁתְּחִלַּת בְּרִיָּתוֹ מִן הַמַּיִם, כְּגוֹן יַבְחוּשִׁין אֲדֻמִּין - מַטְבִּילִין בּוֹ; וּמַטְבִּילִין בְּעֵינוֹ שֶׁל דָּג.
12When a mikveh contains exactly 40 se’ah of water and two people descended and immersed, one after the other, the first is pure and the second remains impure.33 The rationale is that some of water contained in the original 40 se’ah was removed.34 This stringency applies even in the feet of the first person were still in the water when the second immerses.35יבמִקְוֶה שֶׁיֵּשׁ בּוֹ אַרְבָּעִים סְאָה מְכֻוָּנוֹת, וְיָרְדוּ שְׁנַיִם וְטָבְלוּ זֶה אַחַר זֶה, אַף עַל פִּי שֶׁרַגְלָיו שֶׁל רִאשׁוֹן נוֹגְעוֹת בַּמַּיִם - הָרִאשׁוֹן טָהוֹר וְהַשֵּׁנִי בְּטֻמְאָתוֹ, שֶׁהֲרֵי חָסְרוּ הַמַּיִם מֵאַרְבָּעִים סְאָה.
If one immersed a thick sponge or the like36 in such a mikveh37 and lifted it up,38 as long as part of the sponge is touching the water, one who immerses afterwards is pure. The rationale is that all of the water is considered as intermingled.39הִטְבִּיל בּוֹ תְּחִלָּה סָגוֹס עָבֶה וְכַיּוֹצֵא בוֹ, וְהִגְבִּיהוֹ - אִם הָיְתָה מִקְצָת הַסָּגוֹס נוֹגַעַת בַּמַּיִם, הֲרֵי הַטּוֹבֵל בָּאַחֲרוֹנָה טָהוֹר; שֶׁהֲרֵי הַמַּיִם כֻּלָּן מְעֹרָבִין.
When one immerses a bed or the like,40 even though he pushed its legs into the thick mud41 on the bottom of the mikveh until the water covers it from above, it is pure. The rationale is that it does not become sunk in the mud until it becomes immersed in the water first.42הִטְבִּיל בּוֹ אֶת הַמִּטָּה וְכַיּוֹצֵא בָהּ - אַף עַל פִּי שֶׁדָּחַק רַגְלֵי הַמִּטָּה בְּטִיט עָבֶה שֶׁבְּקַרְקַע הַמִּקְוֶה עַד שֶׁצָּפוּ הַמַּיִם עָלֶיהָ לְמַעְלָה, הֲרֵי זוֹ טְהוֹרָה; שֶׁהֲרֵי לֹא נִטְבְּעוּ בַּטִּיט עַד שֶׁטָּבְלוּ בַמַּיִם תְּחִלָּה.
When one immerses a large pot in a mikveh with a limited amount of water, it is impure, as it was beforehand, because the water will splash out of the mikveh. Thus the mikveh will be less than 40 se’ah.הִטְבִּיל בּוֹ יוֹרָה גְּדוֹלָה, הֲרֵי זוֹ טְמֵאָה כְּשֶׁהָיְתָה - מִפְּנֵי שֶׁהַמַּיִם נִתָּזִין וְיוֹצְאִין חוּץ לַמִּקְוֶה, וְנִמְצָא חָסֵר מֵאַרְבָּעִים.
What should he do? He should lower it via its opening, turn it over in the mikveh, immerse it, and lift it up by its base, so that the water inside will not become “drawn,”43 and disqualify the mikveh when it returns to it.כֵּיצַד יַעֲשֶׂה? מוֹרִידָהּ דֶּרֶךְ פִּיהָ, וְהוֹפְכָהּ בַּמִּקְוֶה, וּמַטְבִּילָהּ; וּמַעֲלֶה אוֹתָהּ דֶּרֶךְ שׁוּלֶיהָ, כְּדֵי שֶׁלֹּא יִהְיוּ הַמַּיִם שֶׁבְּתוֹכָהּ שְׁאוּבִים וְיַחְזְרוּ לַמִּקְוֶה וְיִפְסְלוּהוּ.
13When the water in a mikveh is dispersed, one may press even bundles of straw and bundles of reeds44 into the water from the sides until the water level will rise and one can descend and immerse within.יגמִקְוֶה שֶׁמֵּימָיו מְרֻדָּדִין - כּוֹבֵשׁ אֲפִלּוּ חֲבִילֵי קַשׁ וַחֲבִילֵי קָנִים בְּתוֹךְ הַמַּיִם וּמִן הַצְּדָדִין, עַד שֶׁיֵּעָרְמוּ הַמַּיִם לְמַעְלָה, וְיוֹרֵד וְטוֹבֵל לְתוֹכָן.

Mikvaot - Chapter 9

1There are six categories of mikvaos, one superior to another. The first is the water of pits, cisterns, storage trenches, storage caverns, and the like, where water is collected on the earth.אשֵׁשׁ מַעֲלוֹת בַּמִּקְוָאוֹת, זוֹ לְמַעְלָה מִזּוֹ. הָרִאשׁוֹן - מֵי גְבָאִים, וּמֵי בּוֹרוֹת שִׁיחִין וּמְעָרוֹת, וְכַיּוֹצֵא בָהֶן מִמַּיִם הַמְּכֻנָּסִין בַּקַּרְקַע.
Even though the water was “drawn”1 and even though there were less than 40 se’ah, since the water only contracts impurity through willful activity, as we explained,2 the prevailing assumption is that it is pure. It is fit to use such water to make dough from which challah3 must be separated or to wash one’s hands, provided he washes his hands with a container,4 as we explained.5אַף עַל פִּי שֶׁהֵן שְׁאוּבִין, וְאַף עַל פִּי שֶׁאֵין בָּהֶן אַרְבָּעִים סְאָה, הוֹאִיל וְאֵינָן מִתְטַמְּאִין אֶלָּא לְרָצוֹן, כְּמוֹ שֶׁבֵּאַרְנוּ - הֲרֵי הֵן בְּחֶזְקַת טְהוֹרִין, וּכְשֵׁרִים לַעֲשׂוֹת מֵהֶן עִסָּה הַטְּבוּלָה לְחַלָּה, וְלִטּוֹל מֵהֶן לַיָּדַיִם - וְהוּא שֶׁיִּטֹּל מֵהֶן בִּכְלִי, כְּמוֹ שֶׁיִּתְבָּאֵר.
2On a superior level is rainwater that has not ceased flowing, i.e., the rain is still descending and the mountains are still gushing with water and that water flows down and collects on the ground. It is not “drawn;” however, there are not 40 se’ah. Such water is acceptable for terumah,6 for the washing of hands, and for the immersion of water that became impure.7בלְמַעְלָה מֵהֶן - מֵי תַמְצִית שֶׁלֹּא פָסְקוּ, אֶלָּא עֲדַיִן הַגְּשָׁמִים יוֹרְדִין וְהֶהָרִים בּוֹצְצִין, וְהֵן נִמְשָׁכִין וְנִקְוִין, וְאֵינָן שְׁאוּבִין אֲבָל אֵין בָּהֶן אַרְבָּעִים סְאָה - הֲרֵי הֵן כְּשֵׁרִין לַתְּרוּמָה וְלִטּוֹל מֵהֶן לַיָּדַיִם, וּמַטְבִּיל בָּהֶן אֶת הַמַּיִם שֶׁנִּטְמְאוּ.
If the rains ceased descending, but the water was still flowing from the mountains, such water is still considered in this category. If water is no longer flowing from mountains and they are not gushing, it is considered as water collected in a pit.8פָּסְקוּ הַגְּשָׁמִים וְלֹא פָסְקוּ הֶהָרִים מִלְּהַזְחִיל, עֲדַיִן הֵן מֵי תַמְצִית; פָּסְקוּ הֶהָרִים וְאֵינָן בּוֹצְצִין, הֲרֵי אֵלּוּ כְּמֵי גְבָאִין.
3When one digs at the side of the sea, a river,9 or a swamp, and water from these bodies flows into the pit that was dug, the water is considered like water that has not ceased flowing.10גהַחוֹפֵר בְּצַד הַיָּם וּבְצַד הַנָּהָר וּבִמְקוֹם הַבִּצִּין, הֲרֵי הֵן כְּמֵי תַמְצִית שֶׁלֹּא פָסְקוּ.
4When one digs at the side of a spring, as long as the water emerges because of the spring, even though at times, its flow is interrupted, but then it flows again, it is considered as a spring.11 If it ceased flowing entirely, it is considered as water collected in a pit.דהַחוֹפֵר בְּצַד הַמַּעְיָן - כָּל זְמַן שֶׁהָיוּ בָּאִין מֵחֲמַת הַמַּעְיָן, אַף עַל פִּי שֶׁפּוֹסְקִין וְחוֹזְרִין וּמוֹשְׁכִין, הֲרֵי הֵן כְּמֵי מַעְיָן; פָּסְקוּ מִלִּהְיוֹת מוֹשְׁכִין, הֲרֵי הֵן כְּמֵי גְבָאִין.
5On a superior level is a mikveh that contains 40 se’ah of water that was not drawn. Every person can immerse in such a mikveh to regain purity except a male zav.12הלְמַעְלָה מֵהֶן - מִקְוֶה שֶׁיֵּשׁ בּוֹ אַרְבָּעִים סְאָה מַיִם שֶׁאֵינָן שְׁאוּבִין, שֶׁבּוֹ טוֹבֵל כָּל אָדָם טָמֵא, חוּץ מִן הַזָּב הַזָּכָר.
All impure keilim and hands that must be immersed13 to touch sacrificial foods are immersed in such a mikveh, as we explained.14וּבוֹ מַטְבִּילִין אֶת כָּל הַכֵּלִים הַטְּמֵאִים, וְאֶת הַיָּדַיִם שֶׁמַּטְבִּילִין לַקֹּדֶשׁ, כְּמוֹ שֶׁבֵּאַרְנוּ.
6On a superior level is a natural spring whose water is minimal and drawn water was added to it.15 The laws governing it resemble those governing a mikveh in that it does not impart purity through immersion in the water that flows from it, only in water that is collected and stationary in a reservoir.16 And they resemble those governing a natural spring in that even the smallest amount of its water imparts purity.17ולְמַעְלָה מִזֶּה - הַמַּעְיָן שֶׁמֵּימָיו מוּעָטִין, וְהִרְבּוּ עָלָיו מַיִם שְׁאוּבִין; שָׁוֶה לַמִּקְוֶה, שֶׁאֵין מְטַהֲרִין בַּמַּיִם הַנִּמְשָׁכִין מִמֶּנּוּ אֶלָּא בַּמַּיִם הַנִּקְוִין וְעוֹמְדִין בְּאַשְׁבֹּרֶן, וְשָׁוֶה לַמַּעְיָן, שֶׁהוּא מְטַהֵר בְּכָל שֶׁהוּא.
For there is no minimum measure required for the water of a natural spring. Even the slightest amount can impart purity.18שֶׁהַמַּעְיָן אֵין לְמֵימָיו שִׁעוּר, אֲפִלּוּ כָּל שֶׁהֵן מְטַהֲרִין.
7On a superior level is a natural spring in which drawn water was not mixed, but its water was spoiled;19 it was bitter or salty.20 It imparts purity when its water is flowing,21 i.e., the water emerges and streams forth from the spring.זלְמַעְלָה מִזֶּה - הַמַּעְיָן שֶׁלֹּא נִתְעָרֵב בּוֹ מַיִם שְׁאוּבִין, אֲבָל מֵימָיו מֻכִּים, כְּגוֹן שֶׁהָיוּ מֵימָיו מָרִים אוֹ מְלוּחִים; שֶׁהֲרֵי הוּא מְטַהֵר בְּזוֹחֲלִין, וְהֵן הַמַּיִם הַנִּגְרָרִים וְנִמְשָׁכִין מִן הַמַּעְיָן.
8On a superior level is a natural spring whose water is “living water.” In such springs alone may male zavim immerse and from them alone water may be taken for the purification of a person afflicted with tzara’at22 and for the sanctification of the water used for the ashes of the red heifer.23חלְמַעְלָה מִזֶּה - הַמַּעְיָן שֶׁמֵּימָיו מַיִם חַיִּים; שֶׁבָּהֶן בִּלְבָד טוֹבְלִין בּוֹ הַזָּבִים הַזְּכָרִים, וְלוֹקְחִין מֵהֶן לְטָהֳרַת הַמְּצֹרָע וּלְקַדֵּשׁ מֵי חַטָּאת.
What are the differences between the laws governing a natural spring and a mikveh? A mikveh does not impart purity unless it contains 40 se’ah of water, while even the smallest amount of water from a natural spring imparts purity.24 And the water of a mikveh imparts purity only if it is collected in a reservoir. Any water flowing out from it does not impart purity.25 The water of a natural spring, by contrast, imparts purity when flowing. Also, immersion in a mikveh is not effective for zavim, while a zav may immerse in a natural spring of “living water.”מַה בֵּין מַעְיָן לְמִקְוֶה? הַמִּקְוֶה אֵינוֹ מְטַהֵר אֶלָּא בְּאַרְבָּעִים סְאָה, וְהַמַּעְיָן מְטַהֵר בְּכָל שֶׁהוּא. הַמִּקְוֶה אֵינוֹ מְטַהֵר אֶלָּא בְּאַשְׁבֹּרֶן, וְהַמַּיִם הַנִּזְחָלִים מִמֶּנּוּ אֵינָן מְטַהֲרִין; וְהַמַּעְיָן מְטַהֵר בְּזוֹחֲלִים. הַמִּקְוֶה, לֹא תַעֲלֶה בּוֹ טְבִילָה לַזָּבִים; וְהַמַּעְיָן - אִם הָיוּ מֵימָיו מַיִם חַיִּים, הַזָּב טוֹבֵל בָּהֶן.
9When the waters of a spring flow outward and into a receptacle in a stone26 and afterwards emerge from the receptacle and flow further, all of the water in the receptacle and all that flowed out of it is unacceptable for immersion.27טמַעְיָן שֶׁמֵּימָיו יוֹצְאִין וְנִמְשָׁכִין לְתוֹךְ הַשֹּׁקֶת, וְאַחַר כָּךְ יוֹצְאִין מִן הַשֹּׁקֶת וְנִזְחָלִין - הֲרֵי כָּל הַמַּיִם שֶׁבַּשֹּׁקֶת וְשֶׁחוּץ לוֹ פְּסוּלִין.
If some of the water from the spring — even the slightest amount — was flowing over the edge of the receptacle,28 the water outside the receptacle is acceptable for immersion.29 The rationale is that a natural spring purifies30 water as long as it shares even the slightest amount of contact with it.31הָיוּ מִקְצָתָן נִמְשָׁכִין עַל שְׂפַת הַשֹּׁקֶת, אֲפִלּוּ כָּל שֶׁהוּא - הֲרֵי הַמַּיִם שֶׁחוּץ לַשֹּׁקֶת כְּשֵׁרִים, שֶׁהַמַּעְיָן מְטַהֵר בְּכָל שֶׁהוּא.
When water from a natural spring was flowing into a pool that was filled with water32 and collects there, that pool is considered as a mikveh.33הָיוּ מֵימָיו נִמְשָׁכִין לְתוֹךְ בְּרֵכָה שֶׁהִיא מְלֵאָה מַיִם, וְנִקְוִין שָׁם - הֲרֵי אוֹתָהּ הַבְּרֵכָה כַּמִּקְוֶה.
If the water flows outside the pool, that water is not acceptable for the purification of zavim and those afflicted with tzara’at or for the sanctification of the water for the ashes of the red heifer34 until one is certain that all of the collected water that was originally in the pool has flowed out.35הָיָה יוֹצֵא חוּץ לַבְּרֵכָה - הֲרֵי זֶה פָּסוּל לְזָבִים וְלִמְצֹרָעִים וּלְקַדֵּשׁ מֵי חַטָּאת, עַד שֶׁיֵּדַע שֶׁיָּצְאוּ כָּל מֵי הַמִּקְוֶה שֶׁהָיוּ בְּתוֹךְ הַבְּרֵכָה.
10When the waters of a spring flow over articles that do not have a receptacle,36 e.g., a table, a bench, or the like, the water is considered as a mikveh,37 provided one does not immerse above the articles themselves.38ימַעְיָן שֶׁמֵּימָיו נִמְשָׁכִין עַל גַּבֵּי כֵּלִים שֶׁאֵין לָהֶן בֵּית קִבּוּל, כְּגוֹן שֻׁלְחָן וְסַפְסָל וְכַיּוֹצֵא בָהֶן - הֲרֵי זֶה כַּמִּקְוֶה, וּבִלְבָד שֶׁלֹּא יַטְבִּיל עַל גַּבֵּי הַכֵּלִים.
11When there was a natural spring with small irrigation ditches flowing out from it and one poured water into the spring so that the water in the ditches would increase and flow powerfully,39 the water is considered as a spring in all regards.40יאמַעְיָן שֶׁהָיוּ אַמּוֹת קְטַנּוֹת נִמְשָׁכוֹת מִמֶּנּוּ, וְרִבָּה עָלָיו מַיִם שְׁאוּבִין לְתוֹךְ הַמַּעְיָן עַד שֶׁגָּבְרוּ הַמַּיִם שֶׁבָּאַמּוֹת וְשָׁטְפוּ - הֲרֵי הֵן כַּמַּעְיָן לְכָל דָּבָר.
If the water of the spring was stationary and not flowing41 and one added water until it flowed into the irrigation ditches,42 the water that flows into those ditches is comparable to a mikveh in that it imparts purity only when collected in a reservoir and it is comparable to a spring in that even the slightest amount imparts impurity.43הָיוּ מֵימֵי הַמַּעְיָן עוֹמְדִין, וְאֵינָן נִמְשָׁכִין, וְרִבָּה עָלָיו מַיִם, עַד שֶׁמָּשְׁכוּ מִמֶּנּוּ אַמּוֹת הַמַּיִם - הֲרֵי הַמַּיִם שֶׁמְּשׁוּכִין שָׁוִין לַמִּקְוֶה לְטַהֵר בְּאַשְׁבֹּרֶן בִּלְבָד, וְשָׁוִין לַמַּעְיָן לְטַהֵר בְּכָל שֶׁהוּא.
12All of the seas impart purity despite the fact that their water is flowing,44 but they are invalid for the purification of zavim and persons afflicted with tzara’at and for the sanctification of the water used for the ashes of the red heifer.45יבכָּל הַיַּמִּים - מְטַהֲרִין בְּזוֹחֲלִין, וּפְסוּלִין לְזָבִים וְלִמְצֹרָעִים וּלְקַדֵּשׁ מֵהֶן מֵי חַטָּאת.
13Water that46 flows from a natural spring is considered as an extension of the spring in all contexts.47 Water that drips from a spring, even though the dripping is continuous, is considered only as a mikveh and does not impart purity unless there are 40 se’ah standing in one place. Such water is not acceptable for the purification of zavim and those afflicted with tzara’at or for the sanctification of the water for the ashes of the red heifer.יגהַמַּיִם הַזּוֹחֲלִין מִן הַמַּעְיָן, הֲרֵי הֵן כַּמַּעְיָן לְכָל דָּבָר. וְהַמְנַטְּפִין מִן הַמַּעְיָן, אַף עַל פִּי שֶׁהֵן טוֹרְדִין - הֲרֵי הֵם כַּמִּקְוֶה, וְאֵין מְטַהֲרִין אֶלָּא בְּאַרְבָּעִים סְאָה עוֹמְדִין, וּפְסוּלִין לְזָבִים וְלִמְצֹרָעִים וּלְקַדֵּשׁ בָּהֶן מֵי חַטָּאת.
If the water flowing from the spring becomes mixed with water dripping from it, it is considered like a stream in all respects. If, however, the amount of the water of the stream that was dripping was greater than that which was flowing, or if an amount of rainwater greater than the water in a river flowed into it,48 the water does not impart purity when flowing, only when in a reservoir.הָיוּ הַזּוֹחֲלִין מִן הַמַּעְיָן מִתְעָרְבִין עִם הַנּוֹטְפִין מִמֶּנּוּ: אִם רַבּוּ הַזּוֹחֲלִין עַל הַנּוֹטְפִין, הֲרֵי הַכֹּל כַּמַּעְיָן לְכָל דָּבָר; וְאִם רַבּוּ הַנּוֹטְפִין עַל הַזּוֹחֲלִין, וְכֵן אִם רַבּוּ מֵי גְּשָׁמִים עַל מֵי הַנָּהָר - אֵינָן מְטַהֲרִין בְּזוֹחֲלִין, אֶלָּא בְּאַשְׁבֹּרֶן.
Therefore one must use a mat or the like to surround the portion of the river where the water is mixed until the water will be gathered in a single place so that one can immerse in it.49לְפִיכָךְ צָרִיךְ לְהַקִּיף מַפָּץ וְכַיּוֹצֵא בוֹ בְּאוֹתוֹ הַנָּהָר הַמְּעֹרָב, עַד שֶׁיִּקָּווּ הַמַּיִם וְיִטְבֹּל בָּהֶן.
14When one caused water that was dripping to flow, e.g., one placed a smooth earthenware tablet50 next to a mikveh51 whose water was dripping and thus the water was flowing as it descended down the tablet, it is acceptable.ידנוֹטְפִין שֶׁעֲשָׂאָן זוֹחֲלִין, כְּגוֹן שֶׁסָּמַךְ לַמִּקְוֶה הַמְנַטֵּף טַבְלָא שֶׁל חֶרֶס חֲלָקָה, וַהֲרֵי הַמַּיִם נִזְחָלִין וְיוֹרְדִין עָלֶיהָ - הֲרֵי הֵן כְּשֵׁרִין.
Any article that is susceptible to impurity, even by Rabbinic decree, should not be used as a conduit for water.52וְכָל דָּבָר שֶׁמְּקַבֵּל טֻמְאָה, וַאֲפִלּוּ מִדִּבְרֵי סוֹפְרִים - אֵין מַזְחִילִין בּוֹ.
15When one uses the external green shell of a nut53 to change the direction of the flow of water54 the water is acceptable as water from a spring, as it was before. It is not disqualified, because a fresh nut shell which imparts color is not considered as a container.55טוזוֹחֲלִין שֶׁקִּלְּחָן בַּעֲלֵי אֱגוֹז - כְּשֵׁרִים כְּשֶׁהָיוּ, שֶׁאֵין עֲלֵי הָאֱגוֹז הַלַּח שֶׁהוּא צוֹבֵעַ חָשׁוּב כְּכֵלִים.
16When rainwater is cascading down a hill, flowing as it descends, even though there are more than 40 se’ah of water from the beginning of the torrent to its end, it is not acceptable for immersion while it is flowing. It must be collected in a reservoir containing 40 se’ah.טזמֵי גְשָׁמִים הַבָּאִין מִן הַמִּדְרוֹן, וְהִנָּם נִזְחָלִין וְיוֹרְדִין - אַף עַל פִּי שֶׁהָיוּ מִתְּחִלָּתָן וְעַד סוֹפָן אַרְבָּעִים סְאָה, אֵין מַטְבִּילִין בָּהֶן כְּשֶׁהֵן נִזְחָלִין, עַד שֶׁיִּקָּווּ וְיָנוּחוּ בְּאַשְׁבֹּרֶן אַרְבָּעִים סְאָה.
If one surrounded the water with containers, having them serve as partitions, i.e., walls for a body of water to collect, and 40 se’ah of rainwater flowed into it and collected there, it is acceptable for immersion.56 The containers with which one surrounded the water are not considered to have been immersed.57הֲרֵי שֶׁהִקִּיף כֵּלִים וְעָשָׂה מֵהֶן מְחִצּוֹת, עַד שֶׁנִּתְקַבֵּץ בֵּינֵיהֶן אַרְבָּעִים סְאָה מִמַּיִם הַנִּזְחָלִין מִן הַגְּשָׁמִים - הֲרֵי זֶה טוֹבֵל בָּהֶן; וְכֵלִים שֶׁעָשָׂה מֵהֶן הַגָּדֵר, לֹא עָלְתָה לָהֶן טְבִילָה.
17When a wave becomes separated from the sea and falls on a person or on keilim, they are pure for ordinary purposes,58 provided the wave contains 40 se’ah,59 for a person who immerses does not have to have a specific intent, as we explained in Hilchot Sh’ar Avot HaTum’ah.60יזגַּל שֶׁנִּתְלַשׁ מִן הַיָּם, וְנָפַל עַל הָאָדָם אוֹ עַל הַכֵּלִים - אִם יֵשׁ בּוֹ אַרְבָּעִים סְאָה, הֲרֵי אֵלּוּ טְהוֹרִין לְחֻלִּין; שֶׁאֵין הַטּוֹבֵל לְחֻלִּין צָרִיךְ כַּוָּנָה, כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת שְׁאָר אֲבוֹת הַטֻּמְאוֹת.
If the person focused his intent on purifying himself for a specific level of purity,61 and was waiting in anticipation of the wave falling upon him, he is considered to have purified himself for the activity for which he desired to purify himself.וְאִם נִתְכַּוֵּן, וְהָיָה יוֹשֵׁב וּמְצַפֶּה עַד שֶׁיִּפֹּל עָלָיו הַגַּל - עָלְתָה לוֹ טְבִילָה לַדָּבָר שֶׁנִּתְכַּוֵּן לוֹ.
18One may not immerse in a wave when it is in the air before it falls on the earth even if it contains 40 se’ah of water. The rationale is that just as we do not immerse in water that is flowing, how much more so do we not immerse in water that is in the air.62יחאֵין מַטְבִּילִין בַּגַּל כְּשֶׁהוּא בָּאֲוִיר קֹדֶם שֶׁיִּפֹּל עַל הָאָרֶץ, וְאַף עַל פִּי שֶׁיֵּשׁ בּוֹ אַרְבָּעִים סְאָה - לְפִי שֶׁאֵין מַטְבִּילִין בַּזּוֹחֲלִין, קַל וָחֹמֶר בָּאֲוִיר.
When the two ends of a wave are touching the earth, we can immerse in it. We do not, however, immerse in its crest, because that water is in the air.63הָיוּ שְׁנֵי רָאשֵׁי הַגַּל נוֹגְעִין בָּאָרֶץ, מַטְבִּילִין בּוֹ; וְאֵין מַטְבִּילִין בַּכִּפָּה שֶׁלּוֹ, מִפְּנֵי שֶׁהוּא בָּאֲוִיר.

Mikvaot - Chapter 10

1What is meant by an unresolved doubt regarding drawn water that our Sages ruled as pure?1 A mikveh about which one was unsure whether drawn water fell into it. Or even if one was certain that drawn water fell into it, but was in doubt whether there were three lugim or not. Or even when one was certain that there were three lugim of drawn water, but there was a doubt whether the mikveh into which the water fell contained 40 se’ah or not. In all instances, the mikveh is acceptable.2אסְפֵק מַיִם שְׁאוּבִין שֶׁטִּהֲרוּ חֲכָמִים כֵּיצַד? מִקְוֶה שֶׁנִּסְתַּפֵּק לוֹ אִם נָפְלוּ לְתוֹכוֹ מַיִם שְׁאוּבִין אוֹ לֹא, וַאֲפִלּוּ יָדַע בְּוַדַּאי שֶׁנָּפְלוּ, סָפֵק יֵשׁ בָּהֶן שְׁלֹשֶׁת לֻגִּין סָפֵק אֵין בָּהֶן; וַאֲפִלּוּ יָדַע בְּוַדַּאי שֶׁיֵּשׁ בָּהֶן שְׁלֹשֶׁת לֻגִּין, סָפֵק שֶׁהָיָה בַּמִּקְוֶה שֶׁנָּפְלוּ בוֹ אַרְבָּעִים סְאָה סָפֵק לֹא הָיָה - הֲרֵי זֶה כָּשֵׁר.
2The following law applies when there are two mikvaot, one containing 40 se’ah and one containing a lesser amount. Three lugim of drawn water fell into one of them, but it is not known into which they fell. Because of the doubt, we rule that the acceptable mikveh is pure, because there is a factor on which one can rely.3 If they both contained less than 40 se’ah and three lugim fell into one of them, they are both disqualified, because there is no factor on which one can rely. If the drawn water fell into one, it would be disqualified and if it fell into the other, it would be disqualified.4בשְׁנֵי מִקְוָאוֹת, אֶחָד יֵשׁ בּוֹ אַרְבָּעִים סְאָה וְאֶחָד אֵין בּוֹ - נָפְלוּ שְׁלֹשֶׁת לֻגִּין מַיִם שְׁאוּבִין לְאֶחָד מֵהֶן וְאֵין יָדוּעַ לְאֵיזֶה מֵהֶן נָפְלוּ, סְפֵקוֹ טָהוֹר; מִפְּנֵי שֶׁיֵּשׁ לוֹ בַּמֶּה יִתְלֶה. הָיוּ שְׁנֵיהֶן פְּחוּתִין מֵאַרְבָּעִים סְאָה, וְנָפְלוּ לְאֶחָד מֵהֶן, וְאֵין יָדוּעַ לְאֵיזֶה מֵהֶן - כָּל אֶחָד מִשְּׁנֵיהֶן פָּסוּל; שֶׁאֵין לוֹ בַּמֶּה יִתְלֶה - אִם לָזֶה נָפְלוּ נִפְסַל, וְאִם לָזֶה נָפְלוּ נִפְסַל.
3When one left a mikveh empty,5 and returned and found it full, it is acceptable, for there is an unresolved doubt whether the water for this mikveh was drawn.6גמִקְוֶה שֶׁהִנִּיחוֹ רֵיקָן, וּבָא וּמְצָאוֹ מָלֵא - כָּשֵׁר, מִפְּנֵי שֶׁזֶּה סְפֵק מַיִם שְׁאוּבִין לְמִקְוֶה זֶה.
4When a pipe carried water into a mikveh,7 but there is a mill next to it,8 if there is a doubt whether water flowed into the mikveh from the pipe or from the mill, it is unacceptable, because the disqualifying factor is evident.9 If, however, the mikveh contains a majority of acceptable water,10 it is acceptable because the doubt involves drawn water and there is an acceptable mikveh whose presence had been established.11דצִנּוֹר שֶׁמְּקַלֵּחַ לַמִּקְוֶה וְהַמַּכְתֶּשֶׁת נְתוּנָה בְּצִדּוֹ, סָפֵק מִן הַצִּנּוֹר לַמִּקְוֶה סָפֵק מִן הַמַּכְתֶּשֶׁת לַמִּקְוֶה - הֲרֵי זֶה פָּסוּל, מִפְּנֵי שֶׁהַפְּסוּל מוּכָח; וְאִם יֵשׁ בַּמִּקְוֶה רֻבּוֹ מַיִם כְּשֵׁרִים, הֲרֵי זֶה כָּשֵׁר - שֶׁזֶּה סְפֵק מַיִם שְׁאוּבִים הוּא, שֶׁהֲרֵי יֵשׁ שָׁם מִקְוֶה כָּשֵׁר קָבוּעַ.
5All of the mikvaot12 found in the lands of the nations are invalid for immersion, for we operate under the presumption that the water is drawn. All of the mikvaot found in Eretz Yisrael, in the cities, within the gates are assumed to be invalid,13 because the inhabitants of the cities wash their garments in them and pour drawn water into them at all times. All of the mikvaot found in Eretz Yisrael outside the gates of a city are presumed to be pure.14 For it is assumed that they came from rainwater.15הכָּל הַמִּקְוָאוֹת הַנִּמְצָאִים בְּאֶרֶץ הָעַמִּים - פְּסוּלִין, שֶׁחֶזְקָתָן שְׁאוּבִין. וְכָל הַמִּקְוָאוֹת הַנִּמְצָאִים בְּאֶרֶץ יִשְׂרָאֵל בַּמְּדִינוֹת לִפְנִים מִן הַמַּפְתֵּחַ - בְּחֶזְקַת פְּסוּלִין, שֶׁאַנְשֵׁי הַמְּדִינָה מְכַבְּסִין בָּהֶן וּמַטִּילִין לְתוֹכָן מַיִם שְׁאוּבִין תָּמִיד. וְכָל הַמִּקְוָאוֹת הַנִּמְצָאִים בְּאֶרֶץ יִשְׂרָאֵל חוּץ לַמַּפְתֵּחַ - בְּחֶזְקַת טָהֳרָה, שֶׁחֶזְקָתָן מִן הַגְּשָׁמִים.
6In all the following situations, when an impure person descends to purify himself and: a) there is a doubt whether he immersed or did not immerse,16 b) even if it was known that he immersed, but there is a doubt whether the mikveh contained 40 se’ah or not,17 or c) there were two mikvaot, one containing 40 se’ah and one that did not contain 40 se’ah, he immersed in one of them and did not know in which one he immersed, he is impure because of the doubt. The rationale is that we presume that the impure person is impure until it is certain that he immersed in the proper manner.18 Similarly, if a mikveh was measured and it was discovered that it did not contain the required amount of water, whether the mikveh was located in the public domain or a private domain,19 all of the pure articles that were immersed in it are considered as impure retroactively until a time when it was measured and it was complete.20והַטָּמֵא שֶׁיָּרַד לִטְבּוֹל, סָפֵק טָבַל סָפֵק לֹא טָבַל, וַאֲפִלּוּ טָבַל - סָפֵק יֵשׁ בּוֹ אַרְבָּעִים סְאָה סָפֵק שֶׁאֵין בּוֹ; שְׁנֵי מִקְוָאוֹת אֶחָד יֵשׁ בּוֹ אַרְבָּעִים סְאָה וְאֶחָד אֵין בּוֹ, וְטָבַל בְּאֶחָד מֵהֶן וְאֵין יָדוּעַ בְּאֵיזֶה מֵהֶן טָבַל - סְפֵקוֹ טָמֵא; לְפִי שֶׁהַטָּמֵא בְּחֶזְקָתוֹ עַד שֶׁיִּוָּדַע שֶׁטָּבַל כָּרָאוּי. וְכֵן מִקְוֶה שֶׁנִּמְדַּד וְנִמְצָא חָסֵר, בֵּין שֶׁהָיָה הַמִּקְוֶה בִּרְשׁוּת הָרַבִּים בֵּין שֶׁהָיָה בִּרְשׁוּת הַיָּחִיד - כָּל הַטְּהָרוֹת שֶׁנַּעֲשׂוּ עַל גַּבָּיו לְמַפְרֵעַ טְמֵאוֹת, עַד שֶׁיִּוָּדַע זְמַן שֶׁנִּמְדַּד בּוֹ וְהָיָה שָׁלֵם.
When does the above apply? When the immersion was intended to purify the person or the article from severe impurity.21 When, however, one immersed to purify himself from a light impurity, e.g., he ate impure foods or drank impure beverages,22 his head and the majority of his body entered drawn water,23 or three lugim of drawn water fell on his head and on the majority of his body, since the primary aspect of these types of impurity are Rabbinical in origin, he is pure despite the doubt, as we explained.24 Even though the person is in doubt whether he immersed or not, the mikveh in which he immersed was discovered to be lacking afterwards, or other doubts of this nature arise, he is pure.בַּמֶּה דְּבָרִים אֲמוּרִים? כְּשֶׁהָיְתָה הַטְּבִילָה מִטֻּמְאָה חֲמוּרָה. אֲבָל אִם טָבַל מִטֻּמְאָה קַלָּה, כְּגוֹן שֶׁאָכַל אֹכָלִין טְמֵאִין, אוֹ שָׁתָה מַשְׁקִין טְמֵאִין, אוֹ בָּא רֹאשׁוֹ וְרֻבּוֹ בְּמַיִם שְׁאוּבִין, אוֹ נָפְלוּ עַל רֹאשׁוֹ וְעַל רֻבּוֹ שְׁלֹשֶׁת לֻגִּין מַיִם שְׁאוּבִין - הוֹאִיל וְעִקַּר דְּבָרִים אֵלּוּ מִדִּבְרֵיהֶם, הֲרֵי סְפֵקוֹ טָהוֹר, כְּמוֹ שֶׁבֵּאַרְנוּ; וְאַף עַל פִּי שֶׁנִּסְתַּפֵּק לוֹ אִם טָבַל אוֹ לֹא טָבַל, אוֹ שֶׁנִּמְצָא הַמִּקְוֶה חָסֵר לְאַחַר זְמַן וְכַיּוֹצֵא בִּסְפֵקוֹת אֵלּוּ - הֲרֵי זֶה טָהוֹר.
7When there were two mikvaot, one kosher and one unacceptable,25 a person immersed in one to purify himself from a severe type of impurity, and touched pure foods,26 their status is questionable.27 If he immersed in the second mikveh as well and touched pure foods, the status of the first remains questionable as before and the second ones are pure.28 If these two batches of foods touch each other, the status of the first remain questionable29 and the second should be consigned to fire.30 This ruling also applies if in the interim he contracted impurity from a light source of impurity, as we explained,31 immersed in the second mikveh and touched pure foods.32זשְׁנֵי מִקְוָאוֹת, אֶחָד כָּשֵׁר וְאֶחָד פָּסוּל, וְטָבַל בְּאֶחָד מֵהֶן מִטֻּמְאָה חֲמוּרָה, וְעָשָׂה טְהָרוֹת - הֲרֵי אֵלּוּ תְּלוּיוֹת. טָבַל בַּשֵּׁנִי, וְעָשָׂה טְהָרוֹת - הָרִאשׁוֹנוֹת תְּלוּיוֹת כְּשֶׁהָיוּ, וְהַשְּׁנִיּוֹת טְהוֹרוֹת; וְאִם נָגְעוּ אֵלּוּ בָּאֵלּוּ - הָרִאשׁוֹנוֹת תְּלוּיוֹת, וּשְׁנִיּוֹת יִשָּׂרְפוּ. וְכֵן אִם נִטְמָא בָּאֶמְצַע טֻמְאָה קַלָּה שֶׁבֵּאַרְנוּ, וְטָבַל בַּשֵּׁנִי וְעָשָׂה טְהָרוֹת.
If, however, he immersed in one of the mikvaot because of a light impurity and then touched pure foods and then contracted a severe type of impurity, immersed in the second, and then touched pure foods, the first batch are pure33 and the status of the second is questionable.34 If these two batches of foods touch each other, the first should be consigned to fire and the status of the second remains the same as before.35אֲבָל אִם טָבַל בְּאֶחָד מֵהֶן מִטֻּמְאָה קַלָּה, וְעָשָׂה טְהָרוֹת, וְנִטְמָא טֻמְאָה חֲמוּרָה, וְטָבַל בַּשֵּׁנִי וְעָשָׂה טְהָרוֹת - הָרִאשׁוֹנוֹת טְהוֹרוֹת, וְהַשְּׁנִיּוֹת תְּלוּיוֹת; וְאִם נָגְעוּ אֵלּוּ בָּאֵלּוּ - רִאשׁוֹנוֹת יִשָּׂרְפוּ, וְהַשְּׁנִיּוֹת תְּלוּיוֹת כְּשֶׁהָיוּ.
The following rules apply if one of two mikvaot contained 40 se’ah of acceptable water and the other was filled entirely with drawn water and two people immersed in them without knowing which one immersed in the acceptable mikveh and which immersed in the unacceptable one. One of the two had contracted a severe type of impurity and one had contracted a light type of impurity. They both touched pure foods. The status of the foods touched by the one who immersed because of a severe type of impurity is questionable,36 but those touched by the one who immersed because of the light type of impurity are pure.37הָיָה בְּאֶחָד מֵהֶן אַרְבָּעִים סְאָה, וְאֶחָד כֻּלּוֹ שָׁאוּב, וְטָבְלוּ בָהֶן שְׁנַיִם, אֶחָד מִטֻּמְאָה חֲמוּרָה וְאֶחָד מִטֻּמְאָה קַלָּה, וְעָשׂוּ טְהָרוֹת - הַטּוֹבֵל מִטֻּמְאָה חֲמוּרָה, טָהֳרוֹתָיו תְּלוּיוֹת; וְהַטּוֹבֵל מִטֻּמְאָה קַלָּה, טָהֳרוֹתָיו טְהוֹרוֹת.
In the situation described in the above clause, if one person was impure and descended to immerse and the other was pure and descended merely to cool off, pure foods touched by the one who descended to immerse in one of them are of questionable status, as we explained.38 And the one who descended to cool off is pure as he was previously. The rationale is that this is a doubt concerning drawn water,39 for the question is: perhaps he immersed in the pool of drawn water when he cooled off and thus contracted impurity.הָיָה אֶחָד טָמֵא וְיָרַד לִטְבּוֹל, וְהַשֵּׁנִי יָרַד לְהָקֵר - זֶה שֶׁיָּרַד לִטְבּוֹל בְּאֶחָד מֵהֶן, טָהֳרוֹתָיו תְּלוּיוֹת, כְּמוֹ שֶׁבֵּאַרְנוּ; וְזֶה שֶׁיָּרַד לְהָקֵר - טָהוֹר כְּשֶׁהָיָה, שֶׁזֶּה סְפֵק מַיִם שְׁאוּבִין הוּא, שֶׁמָּא בַּשָּׁאוּב טָבַל כְּשֶׁהֵקֵר וְנִטְמָא.
8The following rules apply when there are two mikvaot, each containing 20 se’ah, one of drawn water and one of acceptable water. If a person cooled off in one of them and then touched pure foods, they are considered pure.40 If afterwards, he cooled off in the second and touched pure foods, they should be consigned to fire. For his head and the larger greater of his body certainly entered drawn water, as we explained.41חשְׁנֵי מִקְוָאוֹת שֶׁל עֶשְׂרִים עֶשְׂרִים סְאָה, אֶחָד שָׁאוּב וְאֶחָד כָּשֵׁר, הֵקֵר בְּאֶחָד מֵהֶן, וְעָשָׂה טְהָרוֹת - הֲרֵי אֵלּוּ טְהוֹרוֹת; הֵקֵר בַּשֵּׁנִי, וְעָשָׂה טְהָרוֹת - הֲרֵי אֵלּוּ יִשָּׂרְפוּ, שֶׁהֲרֵי בְּוַדַּאי בָּא רֹאשׁוֹ וְרֻבּוֹ בְּמַיִם שְׁאוּבִין, כְּמוֹ שֶׁבֵּאַרְנוּ.
Footnotes for Mikvaot - Chapter 8
1.

The degree of contact required between the mikveh and the other body of water varies, as reflected in the following halachot.

2.

The size of this measure is mentioned in Halachah 6. Since these cavities are outside the mikveh per se, it is necessary that they share a significant point of contact. In his Commentary to the Mishnah (Mikveot 5:6), the Rambam states that even if the height of the water that connects the two bodies of water is as thin as a garlic peel, the two are connected. To bring that statement in accord with the ruling here, we must say that the width must be the size of the mouthpiece of a drinking pouch, but there is no minimum measure for the height of the water, as stated in Halachah 5 (Beit Yosef, Yoreh De’ah 201; note the Rama, Yoreh De’ah 201:52, who rules more stringently).

3.

I.e., they may used when immersing small utensils (ibid.), for the entire body of the object being immersed must be immersed at the same time (Siftei Cohen 201:127).

4.

Although Rambam uses the term ma’arah which literally means “cave,” he is merely borrowing the wording of the Mishnah (Mikveot 6:1). As he states in his Commentary to the Mishnah, the intent is a mikveh in a cave. The term “cave” is used because most of the mikveot of the Talmudic era were frequently in caves (Rav Ovadiah of Bartenura)

5.

Since they are within the pool of mikveh itself, greater leniency is shown.

6.

I.e., it is considered to have been immersed in the mikveh, because the water of the mikveh flowed over it. When quoting this law, the Rama, Yoreh De’ah 201:57, emphasizes that one must be careful not to uproot the wave from the body of the mikveh. If one does so, the immersion is unacceptable. See Chapter 9, Halachot 17-18.

7.

Our translation is based on the Rambam’s Commentary to the Mishnah (loc. cit.).

8.

I.e., vertically. This represents the Rambam’s interpretation of term shti, the woof, used by the mishnah (ibid. 6:9). Here, even a crack of a very small size is sufficient to cause the mikveot to be considered as joined. (It must be emphasized that Rabbenu Asher and others define shti as the warp, i.e., a horizontal line.)

9.

This represents the Rambam’s interpretation of term airev, the warp, used by the mishnah (ibid.).

10.

The larger measure is necessary in this instance because since the opening is horizontal, it is more likely to become filled with debris or the like (Rambam LeAm). Alternatively, when the wall is split vertically, it is as if it has been destroyed entirely and there is no divider between the two mikvaos. When, however, it is split horizontally, the bottom of the wall is still a viable divider. Hence it is necessary that there be a point of contact with a hole of the required measure to connect them (Turei Zahav 201:64).
The Siftei Cohen 201:118 writes that since there is a difference of opinion among the Rabbis whether it is a vertical or a horizontal split that requires a hole the size of the mouthpiece of a drinking pouch, we rule stringently and do not consider the mikveh acceptable unless there is such a hole regardless of whether it is cracked vertically or horizontally.

11.

Since the water covers the wall and faces the open space, the mikveot are considered as joined even though the height of the water is minimal (Turei Zahav 201:65).

12.

Between 4 and 5.6 centimeters in contemporary measure.

13.

Which is usually the intent when the terms “finger” or “fingerbreadth” are mentioned in the Talmud.

14.

The obstructing entity must be removed or the hole widened for the mikveh to be acceptable.

15.

E. g., algae and living beings which come into existence from the water [the Rambam’s Commentary to the Mishnah (Mikveot 6:7)]. Although that mishnah mentions an opinion that maintains that anything created from water is considered as water, that view is not accepted as halachah. See also Halachah 11.

16.

The bracketed addition is taken from the Rambam’s Commentary to the Mishnah (Mikveot, op. cit.).

17.

As stated in Chapter 1, Halachah 2.

18.

As Eruvin 4a states, the required measures for the fulfillment of the mitzvot were not written in the Torah, but communicated to Moses at Sinai as part of the Oral Tradition.

19.

Here the term “purified” means made acceptable for use. As the Rambam proceeds to explain, when there is one acceptable mikveh and one pool filled with drawn water, the pool filled with drawn water can become an acceptable mikveh by being connected to the acceptable water. Indeed, this is the most common method used for mikveot today. There is a pool of rainwater and next to it, a pool filled with tap water. There is a hole in the connecting wall that can be plugged. After the pool of tap water is filled, the plug is opened, connecting the mikveot and causing the pool of tap water to be considered as an acceptable mikveh.
In the instance described in this halachah, this concept is extended and the Rambam illustrates how the connection between the pools can be made even when the pools are far from each other.

20.

These are just examples. A pipe does not disqualify a mikveh regardless of the substance from which it is made [the Rambam’s Commentary to the Mishnah (Mikveot 6:8)]. See Chapter 6, Halachah 2 above.

21.

I.e., a pipe is not a k’li, a container [the Rambam’s Commentary to the Mishnah (Mikvaos 6:8)]. Hence, the fact that water passes through it does not cause the water to be deemed as “drawn” and unacceptable for a mikveh.

22.

I.e., plugs the outer end of the pipe with his hand so that the water will not flow out.

23.

I.e., as long as the two pools are even slightly in contact, the water from the kosher mikveh makes the mikveh of drawn water acceptable. There is no need for the point of contact to be the size of the mouthpiece of a drinking pouch. Such contact is required only when making a mikveh that contains less than 40 se’ah acceptable. If a pool contains 40 se’ah of water, but is unacceptable for immersion because the water was drawn, even the slightest contact is sufficient to render it acceptable. The rationale is that, according to Scriptural Law, a pool of drawn water is acceptable for immersion (Chapter 4, Halachah 1). It is invalid only because of Rabbinic decree. Hence the Sages were lenient regarding the measure of the point of contact (Rabbenu Shimshon, as quoted by Rav Yosef Caro in his Kessef Mishneh).
Rav Yosef Caro also rules in this manner in his Shulchan Aruch, Yoreh De’ah 201:53. Nevertheless, the Tur and the Rama require that the point of contact be at least the size of the mouthpiece of a drinking pouch in such an instance as well. This is the practice followed throughout the Jewish community at present. See note 2 above.

24.

Where water collects.

25.

Unlike a natural stream, rainwater is acceptable for immersion only when it is collected in a reservoir and not when it is flowing.

26.

For it alone contains the minimum measure for a mikveh.

27.

Since the rainwater is not acceptable for immersion when flowing, it also cannot connect two pools together. Were the current of natural water to come from a natural stream, the mikveot would be considered as joined (Siftei Cohen 201:129).

28.

I.e., when calculating whether it contains the minimum measure of 40 se’ah. Note a similar ruling in Hilchot Bi’at HaMikdash 5:12.

29.

Even if the feet of the person or the article enter the mud, the immersion is considered acceptable. The rationale is that they came in contact with the water first and since the mud is soft, the water from the mud is still considered as in contact with the water of the mikveh.

30.

Even though the mud is considered as part of the 40 se’ah of the mikveh (Shulchan Aruch, Yoreh De’ah 201:32).

31.

I.e., can be included in the measure of 40 se'ah necessary to comprise a mikveh. Significantly, the Shulchan Aruch, Orach Chayim 160:10, states that such worms are also considered as water with regard to washing one's hands. There, however, the Rama rules that they must be crushed before they are considered acceptable.

32.

I.e., if the eye of a giant fish decomposes, it can be considered as a pool for immersion (Kessef Mishneh).
In his Beit Yosef, Yoreh De’ah 201, Rav Yosef Caro notes that this ruling and one in Halachah 6 are seemingly contradictory, for they both have their source in the teachings of Rabbi Shimon ben Gamliel (see Zevachim 22a) and seemingly, depend on the same principle: that an entity that came into being from water is still considered as water. Nevertheless, Rav Yosef Caro finds a way to reconcile both rulings. Therefore, in his Kessef Mishneh, he does not question the Rambam’s acceptance of the two seemingly opposite positions, and in his Shulchan Aruch, Yoreh De’ah 201:33 and 52, he rules like the Rambam does. See, however, the gloss of Tosafot Yom Tov (Mikveot 6:7) which questions how both rulings can coexist.
See the Magen Avraham 162:17 who explains that it is possible to immerse in fluid coming from the living beings of the water only when the beings themselves are crushed or decomposed. When their form is intact, they are considered significant. (He notes that this is somewhat problematic, because snow is acceptable for immersion even when it has not melted.)

33.

I.e., his immersion is considered as invalid.

34.

A certain amount of water remained on the body and hair of the first person who immersed. Thus there will not be 40 se’ah in the mikveh when the second person immerses [the Rambam’s Commentary to the Mishnah (Mikveot 7:6)].

35.

Thus it could be said that the water on his body was not entirely removed from the mikveh.

36.

I.e., an object that will certainly absorb water.

37.

I.e., one that contained only 40 se’ah and thus the absorption of the water by the sponge will present a problem.

38.

Without removing it, even briefly from the mikveh. If he would remove it, the water in the sponge could no longer be considered as part of the mikveh and, indeed, could disqualify it as drawn water does.

39.

The Kessef Mishneh quotes the Rivosh who explains that this clause differs from the preceding one, because in the preceding instance, the water on a person's body is on the surface, while the water in a sponge is absorbed within it. The Kessef Mishneh himself does not accept that interpretation; he explains that the water in the sponge is all connected and is connected with the water in the mikveh. The water on the person's body, by contrast, is not all connected, because certain portions of his body may be dry.

40.

I.e., long articles which cannot easily fit in the mikveh at the same time.

41.

Unlike loose mud (see Halachah 10), thick mud is generally not considered as part of a mikveh.

42.

In this instance, since the feet of the bed will be covered with water before they enter the mud, they are still considered as within the mikveh.

43.

For taking the pot out of the mikveh with the water inside would cause that water to be considered as “drawn.” Even when it is taken out of the mikveh upside-down, there will still be some water that drips into the mikveh, but it will be far less than three lugim and will not disqualify the mikveh.

44.

When quoting this law, the Shulchan Aruch, Yoreh De’ah 201:66 says that one may also use stones, but that it is forbidden to employ containers for this purpose. The Turei Zahav 201:80 explains the rationale: the mikveh should not be formed by objects that are susceptible to impurity. The Siftei Cohen 201:140 gives a different rationale: the space in the bundles of straw and reeds is larger than the size of the mouthpiece of a drinking pouch and thus the water is always connected.

Footnotes for Mikvaot - Chapter 9
1.

Here and in Hilchot Tum’at Ochalin 15:1, the Rambam speaks of drawn water. In his Commentary to the Mishnah (Mikveot 1:1), however, he states that this applies only to natural water.

2.

Hilchot Tum’at Ochalin, op. cit. Note the objection of the Ra’avad and the resolution offered by the Kessef Mishneh there.

3.

Or to wash utensils used for challah [the Rambam’s Commentary to the Mishnah (op. cit.:5).

4.

Implied by the Rambam’s words is that immersion in such water is unacceptable. The Ra’avad states that if the bodies of water do not contain drawn water, one may immerse his hands even if there are less than 40 se’ah of water, provided the water is not drawn. In his Kessef Mishneh and his Beit Yosef, Orach Chayim 159, Rabbi Yosef Caro states that the immersion of hands is acceptable only in a mikveh containing 40 se’ah of water that was not drawn or in a spring.

5.

Hilchot Berachot 6:5.

6.

In this, it possesses an advantage over the water in the first category.

7.

Impure water can be purified by being brought into contact with a larger quantity of pure water. This concept — that hashakah is effective when the parent body of water is less than 40 se’ah — is a new idea (Ma’aseh Rokeach).

8.

As described in the previous halachah.

9.

The Kessef Mishneh explains that since the water from a sea and a river are not considered as “living water,” they are not in the same category as a spring. Hence, the laws applying to them differ from those applying to a spring as obvious from the following halachah.

10.

This is also speaking about an instance when there are less than 40 se’ah in the pit that was dug.

11.

And is acceptable for immersion even if it does not contain 40 se’ah, as stated in Halachah 8.

12.

Who must immerse in “living water;” see Halachah 9, and Chapter 1, Halachah 5.

13.

See Chapter 11.

14.

Hilchot Sha’ar Avot HaTum’ah 8:7; 12:12.

15.

This applies even if there is more drawn water than the water originally present in the spring (Shulchan Aruch, Yoreh De’ah 201:15). See also Siftei Cohen 201:42. See Halachah 11 where this law is illustrated. The Rama (Yoreh De’ah 201:9) mentions more stringent views which he recommends to follow as an initial preference. Nevertheless, he also fundamentally accepts the Rambam’s view.

16.

Unlike a spring whose water imparts purity even when flowing.

17.

In contrast to a mikveh whose water does not impart purity unless there are 40 se’ah.

18.

From the Rambam’s wording [here, Halachah 8, and his Commentary to the Mishnah (Mikveot 1:7)], it can be inferred that a natural spring can impart purity to a human being even when it contains less than forty se’ah (Kessef Mishneh). Now, a man of ordinary size cannot immerse in less than forty se’ah of water. Nevertheless, a woman or a child could immerse in a smaller amount. There are other authorities who do not accept this principle. Their view is accepted by the Tur and the Shulchan Aruch, Yoreh De’ah 201:1. Nevertheless, all authorities agree that implements can be immersed in a spring even though it contains less than forty se’ah.

19.

Since this water is not fit to drink, the spring is not categorized as “living water.”

20.

When speaking of similar springs in Hilchot Parah 6:12, the Rambam also mentions “hot springs.”

21.

The term used by the Rambam (and his source, Mikveot 1:8, et al.) literally means “crawling.” See Deuteronomy 32:24 which speaks of animals “crawling on the earth.”

22.

I.e., the water sprinkled on a person afflicted with tzara’at must be living water. See Hilchot Tum’at Tzara’at 11:1.

23.

See Hilchot Parah 6:1.

24.

Needless to say, the entire body of the person or the entire article being immersed must be submerged in the water of the spring at the same time (Kessef Mishneh).

25.

The Rambam’s wording implies that even if water is flowing out of the upper portion of a mikveh, if one immerses in the water that is collected, he or she is pure. See Shulchan Aruch, Yoreh De’ah 201:50.

26.

This refers to a receptacle that is considered as a k'li, an independent container. If it was hewn into the stone itself, it does not disqualify the water as stated in Chapter 6, Halachah 3.

27.

For water contained in a k’li or that had been contained in a k’li is considered as drawn. Even though the water is in contact with the natural spring, as long as it is in the k’li, it is unacceptable.

28.

And thus did not enter the receptacle and become disqualified.

29.

The Siftei Cohen 201:33 concludes from the words of the Rama that he would postulate that the water is acceptable for immersion only if it is collected in a reservoir. While it is flowing, it is unacceptable. Nevertheless, the Siftei Cohen himself maintains that it is acceptable for immersion even when flowing.

30.

I.e., makes water fit for immersion.

31.

In contrast to a mikveh where, in certain situations, it is necessary that the point of contact be the size of the mouthpiece of a drinking pouch.

32.

Whether drawn water or water that is acceptable for a mikveh.

33.

Because contact with the natural spring made its water fit for immersion, as in the previous clause.

34.

For these require “living water.”

35.

From the Rambam’s wording, it can be inferred that one must calculate how much water entered the pool and how much of that water flowed out with the water that was originally there. See Chapter 5, Halachah 6, and the commentaries to Shulchan Aruch, Yoreh De’ah 201:20.

36.

In his Commentary to the Mishnah (Mikveot 5:2), the Rambam states that this law also applies when the water of the spring flows over the outer surface of a receptacle.

37.

And it only purifies when collected in a reservoir and when there are 40 se’ah. Since it passes over the articles, its status declines.
The Turei Zahav 201:23 and the Siftei Cohen 201:35 clarify that this is speaking about a situation where all the water from the spring passes over the article and comes in contact with it. If some does not, it purifies it, as stated in the previous halachah. The Turei Zahav also explains the reason the water is disqualified even though it was never in a container and thus cannot be considered as “drawn” in the simple sense: Since all of the water passes over the article, the article is considered as having intervened between the spring and the water beyond the article. Thus that water is no longer considered as in contact with the spring that is its source.

38.

Previously, it was stated that one may immerse in a chest or cabinet submerged in water. It is possible to distinguish between that instance and the law here as follows. There we are speaking about a container totally submerged in a body of water. Here, by contrast, we are speaking about a situation where the implement separates between the spring and the ground.
Therefore, the situation is comparable to immersing in a wave, as mentioned in Halachah 18.

39.

There was not a large amount of water flowing from the spring and it did not have the power to flow forcefully into the ditches until other water was added to it.

40.

Since the drawn water comes in contact with the water of the spring, it is considered like it, as stated in Halachah 6 [the Rambam’s Commentary to the Mishnah (Mikveot 5:3)].
The Ra’avad differs with the Rambam and maintains that the water of the spring does not purify entities immersed in it when flowing in those areas where its flow would not have reached had the water not been added. The Shulchan Aruch, Yoreh De’ah 201:2 cites the Rambam’s ruling, but the Siftei Cohen 201:11 states that most authorities follow the Ra’avad’s view.

41.

I.e., in the previous clause, the water was not flowing powerfully, but it was flowing. In this clause, it was not flowing at all.

42.

See Halachah 6 which describes this situation in the abstract.

43.

This applies only when the majority of the water comes from the spring. If the majority is drawn water, it is unacceptable unless there are 40 se'ah collected in the reservoir. See Halachah 13.

44.

See also Halachah 17.

45.

For the water of a sea is not considered “living water.”
The commentaries note that in Hilchot Parah 6:10 (based on the Mishnah, Parah 8:8), the Rambam writes:
The Great Sea is considered like a mikveh and not like a spring. Therefore water to be sanctified may not be drawn from it. [Water from] all of the rivers is unacceptable to be sanctified to [serve as] the water for the [ashes of] the red heifer. Other seas or lakes are like springs.
The Kessef Mishneh resolves the contradiction in the Rambam’s wording as follows:
The Great Sea (the Mediterranean Sea or the ocean) is never considered like a spring with regard to these three purposes. Other seas and lakes are considered as natural springs and may be used for the three purposes mentioned above. Nevertheless, unlike a spring, they may be used for these purposes only when the water in those bodies is stationary; not when it is flowing.
(In his gloss to Halachah 18, the Kessef Mishneh explains that even the Mediterranean is considered as a spring with regard to ordinary immersion and purifies a person who immerses in it even when the water is flowing. See also Halachah 7, which states that a spring of salty water is not considered as “living water.” Seemingly, this would apply to an entire body of salt water.)

46.

The bracketed addition is based on the Rambam’s Commentary to the Mishnah (Mikveot 5:5) which states that this refers to rivers and streams that flow from natural springs.

47.

It imparts purity while flowing even when there are less than 40 se’ah and it is acceptable for situations that require “living water.”

48.

As would happen when there were heavy rains and even more so in areas where there was snow which melted and flowed into rivers.

49.

This law is derived from the conduct of the father of the Sage, Shmuel, who would make enclosures of mats to enable his daughters to immerse in the fall when the rain would flow into the rivers to the extent that there was more rainwater than water from the river’s natural source (Nidah 65b). Significantly, in Chapter 1, Halachah 11, the Rambam learnt a different concept from that passage.
The Rambam’s ruling is quoted as halachah by the Shulchan Aruch, Yoreh De’ah 201:2. The Rama rules that it is proper to be stringent and follow this ruling. Nevertheless, he does find room for leniency if one immerses in a river even in the rainy season, since he maintains that it is unlikely that the amount of rainwater will be more than the water that flows from the river’s source.

50.

Which as stated in Hilchot Keilim 1:8 is not susceptible to ritual impurity.

51.

Although the Rambam uses the term mikveh here, his source (Mikveot 5:5) speaks of water that is dripping from a natural spring.

52.

For a mikveh should be brought into being only by articles that are not susceptible to ritual impurity (ibid.).

53.

Our translation is based on the Rambam’s Commentary to the Mishnah (Eduyot 7:4).

54.

The person placed the nut shell there so that the water will flow onto the nut shell and from there to a different place (ibid.).

55.

I.e., were the nut shell to be considered as a container, the water would be considered as “drawn.” Nevertheless, since the nut shell imparts its color to the objects with which it comes in contact, it is not fit to be used as a container and, hence, does not disqualify the water.

56.

Because it is considered as if a reservoir has formed.
The commentaries question this ruling, because it appears that even though the containers are susceptible to ritual impurity, it is possible to construct a mikveh from them and several halachot, including the previous one, appear to run contrary to that conclusion. Indeed, on this basis, Rav Ovadiah of Bartenura explains that a similar statement in Mikveot 5:6, the Rambam’s source, follows the perspective of the School of Shammai and is not accepted as halachah.
The Rambam, however, does not consider the mikveh to have been formed by an entity that is susceptible to ritual impurity. The rationale is that, in this instance, the containers that are susceptible to ritual impurity are not bringing the water to the mikveh. They are merely preventing it from flowing away. See Halachah 13 above.

57.

Because they were never totally submerged in the water. Only their outer edge served as a wall for it (the gloss of Rav Ovadiah of Bartenura to Mikveot, op. cit.).

58.

But not for the second tithe, terumah, or sacrificial foods. Such an immersion is acceptable for a woman who seeks to emerge from the nidah state.

59.

Even though the wave is “flowing,” it still imparts purity, because, as stated in Halachah 12, seas are considered as natural springs and impart purity even when flowing. The question is asked: If seas are like natural springs, why are 40 se’ah required? A natural spring imparts purity regardless of the amount of water it contains.
Some commentaries (Turei Zahav 201:6) explain that 40 se’ah are required only for a person, because a smaller quantity of water will not cover a person’s body entirely. Others explain (Siftei Cohen 201:20) that since the wave has flowed out of the basin of the sea proper, greater stringency is required.

60.

Hilchot Sha’ar Avot HaTum’ah 13:2; see also Chapter 1, Halachah 8, of the present halachot.

61.

To partake of the second tithe, terumah, or sacrificial foods, or to take part in the purification process involving the ashes of the red heifer.

62.

The Rambam is employing a kal vechomer, a fortiori reasoning. If water flowing on the earth is unacceptable, certainly water in the air is unacceptable. The commentaries have, however, raised questions regarding the inference, because it is acceptable to immerse in the flowing water of a sea (see Halachah 12 and the previous halachah).
In his Kessef Mishneh, Rav Yosef Caro states that, based on the interpretation offered in the notes there, that one may immerse in the flowing waters of other seas, but not in the flowing water of the Mediterranean Sea (or the ocean), it is possible to say that this halachah is speaking about the Mediterranean Sea. Nevertheless, if that was the Rambam's intent, he should have stated so explicitly. Furthermore, from the concluding clause in the halachah, it appears that water that is flowing is acceptable for immersion. Therefore he explains that the Rambam is speaking in general terms. Just like a spring which drips is unacceptable, so too, a wave in the air is unacceptable.
The Leshad HaShemen offers a different explanation: Since the wave was "separated" from the sea, the leniency of purifying while flowing does not apply and it is only when it is at rest that one may immerse in it.
(Most commentaries accept Rashi’s explanation (Chagigah 19a) that since purity is attained through immersion in a mikveh or a natural spring, any water used for immersion must resemble them and, like them, be in contact with the earth.)

63.

Our translation follows the authoritative manuscripts and early printings of the Mishneh Torah. The standard published text contains a slightly different version.

Footnotes for Mikvaot - Chapter 10
1.

See Hilchot Sha’ar Avot HaTum’ah 14:1.

2.

As explained above, if three lugim of drawn water fall into a mikveh containing less than 40 se’ah of acceptable water, they disqualify it. If, however, there are less than three lugim or more than 40 se’ah of acceptable water, the mikveh remains acceptable. As a preface to the entire chapter which deals with questions of uncertainty, the Rambam clarifies that as long as one is not certain that the mikveh has been disqualified, it is considered acceptable.
According to the Rambam, the reason for the leniency is that the concept that drawn water disqualifies a mikveh is a Rabbinic decree and we follow the general principle: “Whenever there is a doubt regarding a question of Rabbinic Law, we rule leniently” (see Turei Zahav 201:81).

3.

We assume that the drawn water fell into the mikveh that contained the required measure and thus would not be disqualified by the drawn water. Hence the other mikveh is also acceptable. Although there is no empirical basis for this assumption, since the doubt about the acceptability of the mikveh involves a question of Rabbinic Law and there is a possibility that the water fell into the acceptable measure, we follow this approach. Note parallels in Hilchot Terumot 13:14.

4.

Hence, since there is no way of determining which mikveh the water fell into, they are both disqualified, for there is no reason to favor one over the other and one is certainly invalid (Siftei Cohen 201:142).

5.

Needless to say, this law also applies when the mikveh contained less than 40 se’ah of acceptable water. See the conclusion of the following halachah.

6.

The Kessef Mishneh maintains that the rationale for accepting the mikveh here is different than that in Halachah 1. The concept stated there — that when there is a doubt whether water is drawn or not, we rule leniently — applies only in an instance when there is already an existing mikveh. If the mikveh was empty, it is considered acceptable because of a different rationale: that when there is no factor that indicates that it is likely to have been filled in an unacceptable manner, we operate under the presumption that any mikveh that is discovered is acceptable (Tosefta, Mikveot 2:1). The Shulchan Aruch, Yoreh De’ah 201:69 accepts the Rambam’s ruling. The Rama, however, maintains that a mikveh of drawn water is unacceptable according to Scriptural Law. Therefore, he maintains that the present situation is comparable to a doubt arising with regard to a point of Scriptural Law, in which instance, a stringent ruling is called for.

7.

Which is acceptable, because a pipe is not a container and it does not disqualify the water. See Chapter 6, Halachah 2.

8.

I.e., a mill turned by water. The mill is considered as a k’li and disqualifies the water that passes through it.

9.

In the previous halachah, there was a possibility that the mikveh had been filled by drawn water, but there is no evidence that this was what had happened. Here, when the disqualifying factor is next to the mikveh and there is a likelihood that the water came from it, the Sages were not willing to allow the leniency. The Siftei Cohen 201:144 explains that this is speaking about an instance when it is more likely that the water came from the mill, e.g., the mill is closer to the mikveh. Hence, that possibility is given more weight.
The Rabbis have questioned this ruling, because although there is a possibility that the water came from the mill, there is no evidence of such. It is just as possible that it came from the pipe. Hence, since the matter is one of Rabbinic Law, there is room for leniency. The Turei Zahav 201:83 explains that the rationale mentioned by the Kessel Mishneh, that we operate under the presumption that the mikveh is acceptable does not apply in this instance, since a factor that could disqualify the mikveh is present.

10.

I.e., more than 20 se’ah.

11.

This law applies even according to the authorities who maintain that a mikveh filled with drawn water is unacceptable according to Scriptural Law. In this instance, since there already is the majority of an acceptable mikveh, according to Scriptural Law, the drawn water is considered as insignificant. Hence, when it is not certain that drawn water was in fact added to the mikveh, we rule leniently.

12.

In the Talmudic era — and in the Rambam’s time as well — the term mikvaot did not refer to a special ritual bath, as it does today. Instead, it referred to any pool or collected body of water.

13.

I.e., if the status of a pool of water is unknown, we rule stringently. If, however, a mikveh is known to be acceptable — as the mikveot, ritual baths, used today — there is no problem in relying upon it [see the Rambam’s Commentary to the Mishnah (Mikveot 8:1)].

14.

And may be used by a woman to purify herself from nidah impurity. There is no need to verify the status of the mikveh (ibid.).
The Kessel Mishneh states that this ruling applied only in the Talmudic era when Eretz Yisrael was inhabited primarily by Torah observant Jews. In eras when that is not the case, there is no difference in this regard between Eretz Yisrael and the Diaspora.

15.

For in previous eras, it is unlikely to have pools of water in outlying areas that did not come from rain water or a natural stream. Indeed, the Siftei Cohen 201:150 states that even in the Diaspora, if it is apparent that a pool came about through natural means, it is acceptable for immersion.

16.

I.e., he immersed, but he was unsure if his entire body was immersed as required.

17.

The Turei Zahav 201:85 suggests that this law applies even when it is known that the mikveh once contained the required measure.

18.

Since the person is known to be impure, he cannot change his status unless he immerses in a manner that leaves no doubt that he is pure.

19.

With regard to contracting ritual impurity, there is a difference between the public domain and a private domain, as explained in Hilchot Sha’ar Avot HaTum’ah 14:1, 16:1-2. Nevertheless, with regard to purification, no such distinction is made.

20.

The rationale is the same as in the first clause. Since the articles were known to be impure, their status does not change until it is known with certainty that they were immersed in an acceptable mikveh. In this instance, since the mikveh was discovered to be unacceptable, the status of all the articles immersed in it from the last time that it was measured is thus deemed questionable.

21.

The intent is a person who contracted impurity through contact with a source of impurity. This includes even a source of impurity of Rabbinic origin (Ra’avad, Kessef Mishneh, based on Taharot 4:7, 11).

22.

See Hilchot Sha’ar Avot HaTum’ah 8:10.

23.

Ibid. 9:1.

24.

For this is considered an ordinary instance of a doubt regarding a Rabbinic injunction.

25.

The Merkevet HaMishneh states that this — like the final clause of the halachah — is speaking about a mikveh that is unacceptable because its water was drawn. Others maintain that this is talking about a mikveh that does not contain 40 se’ah.

26.

Either terumah or sacrificial foods.

27.

Since it is possible that his immersion was unacceptable, his status might not have changed and thus he would impart impurity to the articles that he touched. On the other hand, since he is not definitely impure, the status of the articles is questionable. They are not considered as impure and consigned to being burnt (because it is forbidden to burn terumah or sacrificial foods that are acceptable), nor are they considered pure and eaten. Instead, they are left until they definitely contract impurity or are disqualified for other reasons.

28.

Since he immersed in both mikvaot, he obviously purified himself. Moreover, he is not considered impure, because he immersed his body in drawn water. Since the impurity of drawn water is merely a Rabbinic stringency and it is not known with certainty that he immersed in it after purifying himself, it is assumed that he immersed in the acceptable mikveh last.

29.

The same ruling that applied to them originally still applies. Even if the person immersed in the acceptable mikveh originally and then in the mikveh filled with drawn water, the foods that he touched originally do not become impure because of the contact with the second group of foods. Although the second group becomes impure, their impurity does not impart impurity to other foods, because it is only a Rabbinic safeguard.

30.

They are definitely impure. If the first immersion was in the acceptable mikveh, the second immersion was in drawn water and the person became impure. He then imparts impurity to the foods he touches. If the first immersion was in the invalid mikveh, the articles he touched afterwards also become impure. Moreover, since their impurity stems from contact with a severe type of impurity, they also impart impurity to other foods with which they come in contact. Therefore they impart impurity to the second batch of foods.

31.

In Halachah 6.

32.

I.e., the fact that he contracted a light impurity and immersed does not change any of the logic mentioned in note 30.

33.

For the reasons explained in Halachah 6.

34.

Because as in the first situation mentioned in this halachah, it is not known whether or not the person’s immersion was acceptable.

35.

This follows the same rationale as the ruling in the first clause. The first batch of foods should be burnt because if the first immersion was acceptable, the second was not and the foods touched afterwards contracted impurity and imparted that impurity to the first batch. And if the first immersion was unacceptable, the person became impure due to the immersion in drawn water and he imparts that impurity to the foods he touches.

36.

For the reasons stated in note 27.

37.

Because it is a questionable situation regarding a Rabbinic safeguard, as stated in Halachah 6.

38.

In the first clause above.

39.

Which is merely a Rabbinic safeguard. Hence, when a doubt arises in such a situation, we rule leniently.

40.

As explained with regard to the last clause of the previous halachah, this is a situation where a doubt has arisen regarding whether a person entered drawn water or not. Hence he is considered as pure.

41.

Since he entered both pools. Since the acceptable pool did not contain 40 se'ah, there is no possibility that he was purified after entering the pool of drawn water.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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