Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 201:65-72. Mikvaos: Safek and Questionable Situations
Transcript
- 0:00Good morning. We are continuing hill cosmic
- 0:02vows Raish Aleph. OK, today's Happy Hanukkah and
- 0:06today's Eve Samer. Hey, Mikva Shahu Muksak, we got
- 0:14Meymouth Mitmartin. So you have a mikva and you
- 0:19expect the mikva to soon be less than 40 Saya.
- 0:24The la amod al pahod we are by him saya and it's going to end
- 0:29up being less than 4 vitav labo and she went to such the mikvah
- 0:34she dipped srika laksar vilitbo kohlzmann shilayudanu vivadai
- 0:41shibisha Shi tavla hayabo arbaim siya.
- 0:46So the problem is she doesn't know that when she went to the
- 0:50mikvah there was still Arbaim or not.
- 0:53But since she doesn't know, she has to be Mahmer, right?
- 0:57Tangdini, Deraisa and and I guess perhaps you lost Lakhazaka
- 1:04because you were expecting it to go below and she doesn't know
- 1:08and therefore she has to dip again.
- 1:11Didn't count. But if you had no reason to
- 1:20assume that it's going to reach the level below Arbaim Saya,
- 1:24that's generally the case. You have no reason to assume AF
- 1:29alpi shapa amim shamim of olima pamim meet Martin.
- 1:33It's true, it does go up and down over time, right?
- 1:37Water comes in, water goes out. Ina srija lakhs Orville.
- 1:41She doesn't have to. She can assume the Kazaka she
- 1:44because there was arba insea and there was no reason to assume
- 1:48it's going to be less so the the Tavila counted when we called
- 1:52Markham kashirhadavar. But the truth is you should
- 1:56always be careful and check the ayen coden Tavila inyeshva
- 2:00arbaim SE ah, you should always make sure to check.
- 2:04OK, samer vav mik mashumima MIT pash MIT pash MIT pashtim.
- 2:11But you know, you call it Kasotovo.
- 2:14What happens if you have a mikva?
- 2:17It's a kosher mikva, right? It's this is important.
- 2:19It started out as being kosher. The only thing is it's spread
- 2:24out. It's a, it's a very wide mikva.
- 2:27So you, even though it's low level of water, it's still going
- 2:30to be Arbaimsea. So that's not the problem.
- 2:32You know, there's arbaimsea, but you can't stand in there.
- 2:37It's too, too low. So then what do you do?
- 2:40Notain Bob Mitzad ekhad avanim oh khabili aitzim kadeshi
- 2:45kudsumima El Macomb ekhad villalu be inanchi you call it.
- 2:49So you just, you put a bunch of rocks or blocks of wood or
- 2:55whatever, any kind of blocks, you fill it up on one side of
- 2:59the mikla and right based on water displacement.
- 3:03If you fill it up with a bunch of stuff on one side, it's going
- 3:06to raise the level of the water to the other half where you
- 3:10don't have all the rocks, and therefore it's going to raise
- 3:13the level so you'll be able to stand in there properly.
- 3:16OK, so that's fine. That's kosher.
- 3:20We you call it cassette. So it'll rise high enough that
- 3:23you can get yourself covered up inside.
- 3:26We'll build that. But I mean, like Atila, we
- 3:28learned that it needs to be tall enough above your belly button.
- 3:32Was that about a zaret? We said?
- 3:34And close, you know, around your chest area and you have the way
- 3:38you're supposed to stand. But here we're talking about the
- 3:41bare minimum in the case or if you can get it that high, then
- 3:46it becomes a Hakila. So we all win a shukali kasabov
- 3:49bilvach bilvad shalu yaklaku koha mikvah.
- 3:55But it has to make sure that you're not dividing up the
- 3:59mikvah and because then you can end up with talking about a
- 4:08mikva that's not so huge. So you just have to make sure
- 4:11you don't make a proper wall between two sides.
- 4:15And you end up with having each side of the mikva less than 40.
- 4:19As if you put your wall, you create a wall in the middle of
- 4:21your small mikva, minimal mikva, and you block it off.
- 4:26If you don't have an opening of Shafaretanad, then you might end
- 4:29up making two, creating 2 separate Nikvos and each one and
- 4:32then where you're dipping is less than 40 S All right, Just
- 4:36think about what you're doing and whatever we learned until
- 4:38now, we'll be all right. We've actually called Cola Mikva
- 4:41of all the Kalium puzzle. We can't divide it up with
- 4:46Kalium. Now there's a something that the
- 4:50the post can point out. Well, the shock basically says
- 4:54that we learned earlier on, we're not going to rehash the
- 4:56whole thing, but there's an Indian of Havayato, Ayude Tuma.
- 4:59You can't create a kosher mikva that starts out as no mikvah or
- 5:04puzzle and create a kosher mikvah with something of tuma.
- 5:08But that's not an issue over here because we started out with
- 5:12a kosher mikvah. So that's not the issue.
- 5:14But you're not Regardless, we're not allowed to divide it with
- 5:20helium with with Kaylee because they don't have any holes of
- 5:27show ferret. You know what, we'll I'll come.
- 5:29I might have to just leave this. The Grodd leaves it as it's but
- 5:32anyways, the Shoukhanarak writes the with Calim.
- 5:37It's a problem. There is a there is a discussion
- 5:40on this one, right. So the shock also has a question
- 5:42on it. So I'm not going to answer all
- 5:44their cautious as I can't. So we'll go on.
- 5:48So can the calim be used like rocks and stones is a question
- 5:51mark. Leave that as it's a Haga rafil
- 5:55iem yakhola we hit consult the mayim and even if you in a mayim
- 6:02A mukim atibura. Sorry.
- 6:04So this is what I've already mentioned before Ulamala lumen
- 6:07was there. Verma just points out, OK, this
- 6:11is only like Akila if you can make it high enough.
- 6:14But if you can't make it high enough to where your chest is
- 6:17right a zared plot above your belly button, low teeth boba la
- 6:20cakila, you shouldn't go in there.
- 6:22La cakila shamala low low teeth bowl you have fed because you
- 6:24might not end up doing a proper Teavila.
- 6:27Either your hair won't get underneath all the way your head
- 6:30or you'll you'll have extra creases that are not
- 6:32inappropriate or a problem meal. You may not make Bach heritage
- 6:36If you have no choice. There's no other mecha via
- 6:38shallah talking, and there's no other way to fix it.
- 6:41We learned you how to lie down even if you need to.
- 6:47Whatever in any position. If the water is not high enough,
- 6:53you have no choice. It's OK if you can get your body
- 6:59covered up. As long as it works, you can be.
- 7:05You can make yourself dip underneath it one time and then
- 7:09you're fine. Let's go on.
- 7:13That works. Samer Zayn.
- 7:15OK. Safik Mayim Shuvim Tower.
- 7:20Now we learned that Mayim Shuvim is what a Dinder abandoned,
- 7:23right? That's the simple Gemara.
- 7:25No questions. The only question is Rabinu Tom
- 7:27points out Mayim Shuvim could be Derabannon.
- 7:31It could be Der Isa. You see, everyone agrees.
- 7:33The Gemara says it's Derabana and Suffik Vaim Shuvim is Tower
- 7:37because it's a sphake of Derabana.
- 7:39But if most of the mikvas mayim shuvim.
- 7:42So that's the case that Rabina Thomas says is there Isa.
- 7:45And if it's a minority then he agrees it's Durabanam like Shlo
- 7:52Shuvim for example. That's only Durabana.
- 7:54It's only if it's most of the mikva.
- 7:56That's when it's a durisa case, right?
- 7:58So tap water. If it's the whole mikva, it'd be
- 8:01a problem there Isa for there being a tongue.
- 8:04If it's only a little bit, then everything again, everyone is in
- 8:08agreement. It's only Dara Bannon.
- 8:12OK, so anyways, classic case Mayim Shuvim is Dara Bannon and
- 8:18Suffolk Teller Katesa mikva shuva.
- 8:23So you had a mikva and you're not sure if Mayim Shuvim was
- 8:29added to it, right? That's a simple case that it
- 8:31fits. Even according to Urbain Utama,
- 8:33you have a mikva that's mega shamim.
- 8:37Let's just say you're missing one, say ah, or you're missing 3
- 8:40Lugin, whatever, And then you add Mayim Shuvim.
- 8:43So it's the minority of the mikva.
- 8:45So lakuli alma, no questions. It's only a Mayim Shuvim case of
- 8:49darabana. Oh, naflu vafilu.
- 8:54Yeah, dab of a dais should not wait second.
- 8:57So you're OK? You have a mikvah and you don't
- 8:59know if you had schlosser lugiumayum shuvium fall inside.
- 9:04That's one subject. Oh, well, Naflu or it didn't
- 9:06fall in. The whole thing is megashami.
- 9:08You're just not sure. But filiada vadaisha Naflu,
- 9:12maybe you have a case, another case, you know for sure, you
- 9:19know for sure three, you know for sure 3 Lugin of I'm sure
- 9:22Lugin fell in Salvik Ishbahim. Well, let me take that back.
- 9:26Keep reading. Salvik the Ishbahim shloka
- 9:29Lugin, Salvik Abraham. You're just not sure if it was 3
- 9:33Lugin that fell in or 2 1/2 or two.
- 9:37So two would not possible in mikvah, but three does.
- 9:40So you're just not sure if it was 3 or less than 3, but you
- 9:44know some water fell in. OK, that's another case of a
- 9:47Suffolk OK or another case you know for sure 3 Lugin fell in.
- 9:53But what's the Suffolk Suffolk Shahaya, the mikvah shenafu
- 9:57barbahem SE Suffolk lawyer Maybe when the water fell in you saw
- 10:01three Lugin fall in of Mayim Shuvin from a cup.
- 10:04But when it fell in, maybe it was already a kosher mikvah of
- 10:07megashamin of Arbayim Sal. Once it has Arbayim Sal, you can
- 10:13pour in 1,000,000 gallons of Mayim Shuvim.
- 10:16It's always going to stay kosher.
- 10:19That's not a problem. OK, so then I raise a kosher.
- 10:25So these are just all these cases are a Suffolk Mayim Shuvim
- 10:29with an Isser darabanan, which is an Isser darabanan and
- 10:32therefore it's kosher. Now another case, spikers name
- 10:39Mikvos Ekhadishvo, Arba Imsea, the Ekhad Enbo.
- 10:45So you have two different mikvos, one of them has Arba
- 10:49Imsea and one of them doesn't. Naflu shlosha lugin maim Shuvim.
- 10:55And then you saw a cup 43 Lugin of water, but you don't know
- 11:06which mikvah, the mikvah that's 40, which is kosher or a mikvah
- 11:11that's 39 or whatever, less than 40.
- 11:15And it would possible the mikvah maybe it was a Hamnah flu.
- 11:20So Sphico tower, we say on this case, Suffolk is tower because
- 11:28you have what to attribute it to.
- 11:31You can say that you, you had a quote, you can say that the,
- 11:37the, the extra water that fell in went into that one and it was
- 11:41all and you keep the Hezkus cautious.
- 11:46You know, you keep with the Hezkus cautious that we're
- 11:50allowed to do right one second, because that's the case that the
- 12:00Shah points out only if most of the water.
- 12:03In other words, the Shah keeps reminding us or Ashkenazi Poskin
- 12:08will remind us of the sheetas of the Rama to be Koshish for a big
- 12:12Tang, as long as it's a din dharabanan.
- 12:14So that's what the Shah points out.
- 12:16In this case it has to be a case of Dharabanan OK hayush name
- 12:23pehutim nahar bahim saya. What if they're both mikvahs are
- 12:27less than 40, so they both started out with as hustle.
- 12:35Both of them are less than 40 and then waterfalls out fall my
- 12:41name Shubin falls into one of them.
- 12:43There any delays in them, but you don't know which one.
- 12:45So then call Ekabishnay and Paso.
- 12:47They're both going to be Paso. She a Loba Masha Hitler, because
- 12:51you have no way to be toler to attribute in a kosher way to be
- 12:57mamid alfescato. There is none.
- 13:00Fine, so let's go to the next case.
- 13:03Sama tete Mikvashi Niko Rikon. You have a mikva that was
- 13:10emptied, an empty mikvah, an empty pit, whatever it is, ubah
- 13:15umatzo Mali. And then you find it all full.
- 13:21Let's keep reading. Ignatius Suffik Mayim Shuvim le
- 13:25mikvah because this is a case of Mayim Shuvim and the assumption
- 13:31is it's outdoors. And so it can either be, no,
- 13:40we're not going to spend too much on this one.
- 13:41This halaqa really depends on the situation.
- 13:45We had a similar case before. Also, bottom line, if it's a
- 13:49case where it's a Suffolk darabana and it's a case where
- 13:54you have what to rely, what to assume it came from Megashami or
- 13:58you or it's in a in a, in a mikvah and you can assume we had
- 14:03cases before this in the beginning of this month.
- 14:06If it's a case where you can assume it was done by somebody
- 14:10kosher, you know, Yeah, yeah, the guy who's taking care of the
- 14:12mikvah or you have a Jew or a camera system, as long as it's
- 14:16done in a situation where there's a Hazaka kilo that it's
- 14:20going to be or a strong lomdana that it was done because we
- 14:23could be, we can rely on it. If it's a case where you have no
- 14:27reason to us no way to know, you know how the water got there
- 14:30except through it could have easily been tap water.
- 14:34So then you don't have what to rely on.
- 14:36It really depends on numerous factors on the Mitzius of your
- 14:42each individual case. OK, the point is here, as long
- 14:47as you have what to you know what, as long as it's reasonable
- 14:50and it's a dinder abandoned. So then that's that's our case
- 14:55over here when he says for sure it's not a problem.
- 14:57And yeah, go back and see if Thalid if you want to see more
- 15:01on the topic, but it really depends on the case.
- 15:04I'm Senorcha Mccalla Mikva, the maktasha and tuna.
- 15:09But Sido. So here you have you have a
- 15:15pipe, right, that brings water to the mikva and you have a
- 15:19maktashit. I think it's some kind of a,
- 15:22there's some kind of a cleat next to it.
- 15:27Suffolk. I mean, I'd seen her La Mikva
- 15:29Suffolk. So you have two ways that got in
- 15:34there, one through Mayim Shuvim and one not through Mayim
- 15:38Shuvim. I raise the apostle.
- 15:40So then it's Paso. So OK, Bottom line though, is
- 15:46you have a Suffolk, you have two sources where it can come from,
- 15:50right? The previous source, yeah, it
- 15:53was outdoors and rain could have come.
- 15:55I mean, maybe. Yeah.
- 15:56I guess also depends if you know that there's no rain, but
- 15:59there's no way for it to get in there except for my.
- 16:03Yeah. You have to see what's to them
- 16:05and see us. OK, Anyways, right now you have
- 16:09two sources and one of them is puzzle the panacea absul
- 16:14mukhiya, because you have them Sul mukhiya, you have the cup
- 16:19right next to the the water that filled it up.
- 16:21Or for our purposes, if you had a pipe, a hose, a hose that
- 16:26comes from tap water, we consider that mayim shoving.
- 16:30So that also would be a Sul mukhiya, the emyesh.
- 16:35Generally speaking, as far as I know, they don't make mikvahs
- 16:37with faucets because they don't want to have any issues that we
- 16:42only want the water to come through hamshaka through the one
- 16:45of the other pits next door. Anyway, the EM Yesh, the mikvah
- 16:50ruble Mayim sharing now if you have most of it is from Mayim
- 16:57sharing Hariza Kasha, which is this Suffolk Mayim Shuveem
- 17:01Sherry Yesha mikvah kashir Kavua.
- 17:05If it's in a kosher and if you have a kosher mikvah, you see it
- 17:11has water and generally speaking, there is Megashami
- 17:15Minervar by him say, ah, so just because you have a hose over
- 17:19there or you have a qui over there, that's not going to
- 17:22that's not going to relax. Normally this mikvah has some
- 17:26mikvah Kavu and it normally has clutcher rainwater.
- 17:29So in this case, so in such a case, for sure, you don't have
- 17:31to worry. Fine, let's go on.
- 17:34Ain't Allah Tommy shyara litbo Suffolk tavo Suffolk lotava
- 17:40someone who's tummy goes inside the mikvah and in the end he's
- 17:42not sure if he did a proper tabula or not.
- 17:45The Philo tavo Suffolk yeeshbar but Suffolk aimbo.
- 17:50Now let's see. So he does not sure if he dipped
- 17:52all the way or if he dipped he does not sure if the mikvah had
- 17:55arba imsea. So these are two sphicos the
- 17:58right time. I mean two separate cases that
- 18:00are Suffolk, derisa, shenay mikvos, echad echad enbo tavo,
- 18:06the echad mahem, the Enya do a Aza mahem.
- 18:09Someone who's taught Tomei goes inside two one of two mikvahs.
- 18:14One of the mikvahs was kosher that had arbaim SE ah, maybe
- 18:18xamim, and the other one did not have Arbaim say ah, and he
- 18:23doesn't know which one he went into.
- 18:25So then Tammy, he stays Tammy because this is a safaik de
- 18:28Oraisa and he's really because kas Tammy and you don't have a
- 18:32kazaka of a Kas tower. The fish had Tammy because Carto
- 18:38because the Tammy stays with his kazaka at shio dei ashtavo
- 18:41karaoi until you know that he dipped properly in a proper
- 18:46mikvah mikvah shenimda. Now you go to a mikvah and you
- 18:52decide to measure it and you find out Oh my gosh, it's not
- 18:58our button say ah, the water will level went down too far
- 19:02where you assumed it was bigger anyway.
- 19:05So what happens bein Shahaya amikra Bershusa Robin, bein
- 19:09Shahaya Bershusa yahid, it doesn't matter if it's Bershusa
- 19:12Robin or Bershusa Yahid. Call ataro shenasu agaba bluma
- 19:16Freya timaeos Achiva Dozman. So this is not a case of you're
- 19:28not, you know it's finding something in Rishisa Rami when
- 19:31Rishisa yahi. OK, so that's Allah kala motion
- 19:34we seen I once Tami once tahwar here doesn't make a difference.
- 19:39You know that yourself, you're Tami and now you want to dip in
- 19:43here and you want to uproot your khazakh of tuma and become
- 19:46tahwar. So for that, it's not a case of
- 19:49Suffolk you or you have no khazakh that you're starting
- 19:52with. You have to stay tummy and it's
- 19:55100% tummy. And everything that was dipped
- 19:59until the last time you checked that it was kosher stays, stays
- 20:03tummy. You're right.
- 20:05Even retroactively. Yeah, let's do iron, iron bed.
- 20:09The shock says as you start reading that the case over here
- 20:14is we're talking about Durabanam.
- 20:17Because if it be a Derisa case, it'd be different.
- 20:19So let's let's let's read Shneemikovos chain Baham
- 20:23Arbaimsea. You have two different mequests
- 20:25and each one doesn't have Arbaimsea enough new Shlosha
- 20:29Lugin, let's talk Ehrhad mehem. And right in three of my 3 Lugen
- 20:34Mahim fall into one of them and you know where it went to via
- 20:42Kharka Naflu Shnim. And then again that happens, the
- 20:47Enya do all the Azam amna flow. So the first time it went it, it
- 20:52puzzled the mikvah and you saw and then it and then another
- 20:56time Shlo Shaluddin fell in. But the second time you don't
- 21:00know which one it went into the 1st or the 2nd.
- 21:04And so the first one became puzzle already and the second
- 21:08one is Qasir Arbaim. But you don't know if it went
- 21:13into that one or not. You can say it follows the same
- 21:20pattern. You can make up such a scenario,
- 21:23such an assumption since the first time it fell into that
- 21:26first mikva. So the second time you stomach
- 21:29fell into that same first mikva as well.
- 21:31So the first Mikva stays Tami Paso rather and then the second
- 21:36mikva is we are assuming is still Hasser are Bahim and it
- 21:41did not become puzzle yet. Obviously, if you can measure
- 21:46the displacement of water, that'll answer the question.
- 21:48But it's you know, it's hard to measure Shiloshalugin.
- 21:52It's so little compared to the whole if it would be, you know,
- 21:57OK, let's see. We're not a lot more about Imar
- 22:01Berry Shonim Lonoda the Lomar Malcolm Shinim Aval sorry aval
- 22:07Imbari Shonim LO nodala azamehem naflu ubashnim nodala azamehem
- 22:13naflu and Yahoo elite was below Marlon Malcolm shafnim Naflu
- 22:17already shown him. But in the first time when it
- 22:19fell, you don't know where it went to.
- 22:21So there's no way to make Atelia to say, Oh, I went to the same
- 22:25one because there's no there's no established place to say, oh,
- 22:29if I went there, so I went there again the first time you have no
- 22:32no idea. So there's it's like up in the
- 22:34air. So then when it happens again,
- 22:36it's up in the air and we don't have you can't make this
- 22:40assumption. Ehrad yezhu arbaim saya in a
- 22:44case where there is one mikva that has arbaim saya, the Ehrhad
- 22:50Ingba and the second one doesn't a rainy olner a talk show arbaim
- 22:54now flow. So then you can say it went into
- 22:57right. We kind of had this before since
- 22:59if you had two, one was kosher, one was not.
- 23:02So you can say the Shlo Shalugyamaim Shogun fell into
- 23:05the one that is arba in seaha. So you're keeping it right now
- 23:12you understand why the shark told you it's cases of darabana.
- 23:21You have one mikva that's full of mine shuvim and one that's
- 23:24not a rainy Omer la talk shuv naflu.
- 23:29You can say that the the again you keep things really is doing
- 23:35the opposite. You're keeping it because puzzle
- 23:38you're you're taking the Mayan shoe of him and you stick it to
- 23:41that one 'cause you can mederabanon since the whole is
- 23:44there is mederabanon. We allow you to do this.