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4 [1] According to Scriptural Law, it is permissible to immerse in any collected body of water, as implied by Leviticus 11:36: "a gathering of water," i.e., any gathering, provided it contains enough water for the entire body of a human being to immerse in it at one time. Our Sages measured this figure as a cubit by a cubit by a height of three cubits. This measure contains 40 *se'ah* of water. According to Scriptural Law, the water is acceptable whether drawn or not. [2] According to Rabbinic Law, water that is drawn is invalid for immersion. Moreover, if there was a body of water that was not drawn and three *lugim* of drawn water fell into it, the entire body of water is invalidated.
Although the disqualification of drawn water is a Rabbinic decree, our Sages explained it based on an association found in a Biblical verse. Leviticus, *op. cit.*, states: "Only a spring, a cistern, or a gathering of water shall be pure." Based on a comparison of the terms used in the verse, they explained: The water of "a spring" is not dependent on man's activity at all. The water of "a cistern" is entirely dependent on man's activity, for it contains drawn water entirely. Our Sages said: The "gathering of water" should not be entirely made up of drawn water like a cistern, nor need it come entirely from the hand of heaven. Instead, if it came into being partially through human effort, it is acceptable. [3] What is implied? When a person places barrels on top of a roof to dry, but it rained and they became filled with water, even though it is during the rainy season, he may break the barrels or turn them over and the water collected from them is acceptable for immersion. Even though all of this water had been contained in vessels, the *mikveh* is acceptable, because the person did not fill it up by hand. Therefore if he lifted up the barrels and overturned them, all of the water in them is considered as drawn. [4] When a person places containers under a drainage pipe at any time and any season, both small containers and large containers, even containers of stone and the like that are not susceptible to ritual impurity, if they became filled with rainwater, the water is not acceptable for a *mikveh*. Even if he turned them over or broke them, the water collected from them is considered as drawn in every respect. For the containers were filled as a result of his intent, since it can be assumed that a drainpipe will conduct water. Even if one forgot containers under a drainpipe, the water is unacceptable for a *mikveh*. Our Sages issued a decree against one who forgot, lest a person place them there intentionally.
Similarly, if one placed containers in a courtyard when the sky was densely cloudy and they became filled with rainwater afterwards, the water inside of them is unacceptable for a *mikveh*, since they were filled as a result of his intent. Moreover, our Sages issued a decree against one who forgot containers in a courtyard, lest a person place them there intentionally.
If one placed containers in a courtyard when the clouds were dispersed and then the sky became cloudy and the containers became filled with rainwater, the water is acceptable for a *mikveh*, like that in containers left on top of a roof to dry. Similarly, when one left containers in a courtyard when the sky was densely cloudy, the clouds dispersed, and then became dense again and the containers became filled with rainwater, the water is acceptable. If he breaks the containers or turns them over, the water collected from them is acceptable for a *mikveh*. [5] When one who applies lime forgot a large container in a *mikveh* and it became full with water, even if only a small quantity of water remained in the *mikveh* and the majority of the water of the *mikveh* is in the container, he may break the container in its place. Thus the entire *mikveh* will be acceptable.
Similarly, when one arranged containers in a *mikveh* to seal them and they became filled with water, even though the *mikveh* absorbed its water and no water remained except the water in the containers, one may break the containers. The water that collects from them forms an acceptable *mikveh*. [6] How do three *lugim* of drawn water invalidate a *mikveh*? If there were less than 40 *se'ah* of acceptable water in a *mikveh* and three *lugim* of water fell in, making the entire amount 40 *se'ah*, all of the water is disqualified for use. If, however, there are 40 *se'ah* of water that was not drawn in a *mikveh* and then one drew water with a pitcher and poured it into the *mikveh* throughout the entire day, it is acceptable. Furthermore, when there are two *mikveot*, one above the other, and the upper *mikveh* had 40 *se'ah* of acceptable water and one was drawing water by hand and pouring it into that *mikveh* until the amount of water increased to the extent that 40 *se'ah* overflowed and descended into the lower *mikveh*, the lower *mikveh* is acceptable. [7] When a *mikveh* contained exactly 40 *se'ah* and one added a *se'ah* of drawn water and then removed a *se'ah* of water from it, the *mikveh* is acceptable. Similarly, if he added a *se'ah* of drawn water and removed a *se'ah* of water from the *mikveh*, the *mikveh* is acceptable provided the greater portion of the original water remained. [8] Drawn water does not disqualify the water of a *mikveh* when three *lugin* fall in unless they fall into the *mikveh* from a container. If, by contrast, the drawn water flows on the ground outside the *mikveh* and continues streaming until it descends into the *mikveh*, it does not disqualify the *mikveh* unless it constitutes half or more of the original 40 *seah* of water. If, however, the majority of the original 40 *se'ah* of water was acceptable, the *mikveh* is acceptable.
What is implied? When a *mikveh* contains a little bit more than 20 *se'ah* of acceptable water, one drew water and poured it outside the *mikveh*, and then the water flowed and descended into the *mikveh*, it is acceptable, even if it reached a total of 1000 *se'ah*. This applies whether the water flowed on the ground or through a conduit or the like that does not disqualify a *mikveh*. The rationale is that drawn water that was caused to flow is acceptable if the majority of 40 *se'ah* water is acceptable.
Similarly, if there was a little more than 20 *se'ah* of rainwater on an enclosed roof and one drew water by hand and poured less than 20 *se'ah* of water into the water, the entire quantity is unacceptable. Nevertheless, if one opened the drainage pipe and caused all the water to flow into one place, it constitutes an acceptable *mikveh*. The rationale is that when an entire quantity of drawn water was caused to flow, it is acceptable, provided the majority of the water was acceptable. [9] Some of the scholars of the west ruled that since the Sages declared "An entire quantity of drawn water that was caused to flow is pure," it is not necessary that the majority of the water be acceptable. Instead, the perspective that required both a majority of acceptable water and that it be caused to flow are the words of only one Sage and they were already rebutted, for the conclusion of the passage states: "An entire quantity of drawn water that was caused to flow is pure."
According to the words of the scholars of the west, if one would fill a container with water and pour it out and the water would flow to one place where it collects, it would be an acceptable *mikveh*. Similarly, all the pools in our bathhouses would be kosher *mikveot*, for all the water they contain was drawn and then flowed through pipes. Never have we seen anyone who performed such a deed, i.e., ruling that such pools are acceptable for immersion. [10] The following laws apply when rainwater and drawn water were mixed together in a courtyard and flowed into a cavity or they were mixed together on the steps leading to an underground cavern and then descended into the cavern. If the majority of the water was acceptable, the *mikveh* is acceptable. If the majority of the water was unacceptable, it is unacceptable.
When does the above apply? When they became mixed together before they reached the *mikveh*, but instead, flowed and descended together. If, however, the acceptable water and the unacceptable water were descending directly into the *mikveh*, different rules apply. If it is known that 40 *se'ah* of acceptable water fell into the *mikveh* before three *lugim* of drawn water, the *mikveh* is acceptable. If not, it is unacceptable.
Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007
Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI
License: CC-BY-NC