Why does the Mikva have Hamshacha channels?
Rabbi Yonason Johnson
All modern-day Mikvaos are built with two Boros (tanks). One Bor is filled with rainwater which remains intact. The immersion Bor is filled with tap water. This Bor is either refilled regularly with fresh water or the water is filtered[1]. The water from the tap and the return water from the filter enters the Mikva from a different point.
In most Mikvaos, the water for these two Boros enter from two different sources. The rainwater to fill the rainwater Bor enters the Mikva from one point. The tap water and the return water from the filter enters the Mikva from a different point to the rainwater.
Before entering the Mikva, both the rain water and tap water flow through a Hamshacha channel, usually built in the form of a cement conduit.
To understand the function of the Hamshacha channels and why they are an important feature of the Mikva we need to preface;
There are a number of things which disqualify water from being Kosher for a Mikva. Depending on the disqualification, having the water pass through a Hamshacha can reinstate its kosher status and the Mikva will be valid. The three relevant disqualifications are;
Sheuvin; Once rain (or other natural) water has been drawn or passed through a receptacle (Keli), whether the Keli is Mekabel Tumah or not, the water is invalidated. If even 3 Log (approx. 1 litre) of drawn water falls into the Mikva before there is a full measure of 40 Se’ah of rainwater, the Mikva is invalidated.
Tefisas Yad Adam; The water coming into the Mikva cannot come via the “hand of man”, even if no Keli is involved. Even if the water was splashed into the Mikva by a person’s feet or hands, the Mikva is invalid.
Haviyaso Al Yedei Tahara; Water coming into the Mikva cannot flow over an object which is Mekabel Tumah, even if the object is not a receptacle.
The parameters of these issues and how Hamshacha can render the water Kosher once again will be discussed in detail below.
Sheuvin – Draw water
The Shulchan Aruch[2] rules that 3 Log of drawn water only invalidates a Mikva if it falls into the Mikva directly from the Keli. If the drawn water flows along the floor from outside of the Mikva (i.e. Hamshacha), the water will not disqualify the Mikva. The logic is that by running over the ground, the water returns to its connection to the ground[3].
The Rambam[4] records the view of the Chachmei Maarav that a Mikva can be filled entirely with drawn water which comes into the Mikva via Hamshacha[5] and no rain water is required. Many Rishonim understand that the Rif also adopts this view[6].
The majority of Rishonim[7] follow the view of Rabbi Eliezer ben Yaakov[8] that Hamshacha will only work where there is a majority measure of rainwater i.e. 21 Seah. Filling the Mikva in this manner is referred to as Reviah Vehamshacha, “majority (rainwater) and Hamshacha”.
The Shulchan Aruch[9] rules like this latter opinion.
There are those who permit this method of Reviah Vehamshacha even where the drawn water coming via Hamshacha enters the Mikva before the 21 Seah of rainwater[10]. However the Rambam[11] implies that this method only works where the 21 Seah of rainwater was in the Mikva before the drawn water enters via Hamshacha. The Ram”o[12] rules like the stringent view.
According to the Shulchan Aruch, a Mikva may Lechtachila be filled in this method. None the less, some Acharonim[13] write that because of the many details involved in making a kosher Hamshacha and questions such as whether cement in considered “able to absorb”, a Mikva should not be made in this way. In places of limited rainfall, this can be considered as an option for filling the Mikva.
What is used for Hamshacha
The Mechaber[14] rules that the Hamshacha can be affected by having the water run over the ground or over a pipe which is not made of something which would disqualify a Mikva (i.e. Mekabel Tumah). There are different opinions whether the pipe needs to be attached to the ground or not.
The Ram”o adopts a stricter approach that Hamshacha must be over ground which is able to absorb – ראוי לבלוע. Pipes or tiled or stone floors would not suffice. Practically this is achieved by making a cement with a ratio of 90% sand and 10% cement.
The Acharonim warn that care should be taken that the Hamshacha channel not be moulded as a Keli and then attached to the ground or Mikva structure. This would then render all of the water passing through it as Sheuvin and defeat the purpose entirely. The Hamshacha should be built directly onto the Mikva or ground or be fashioned so that it is not a Keli.
Length of Hamshacha
The Shuchan Aruch[15] rules that the Hamshacha should be a minimum of 3 Tefachim (approx. 24cm). The Rivash[16] explains that this is so that it is more than a shiur of Lavud[17]. Sefer Haminhagos is more stringent and requires that the Hamashacha be long enough that the force of the pouring of the drawn water into the Hamshacha is no longer acting on the water when it runs into the Mikva. Acharonim write that one should be stringent where possible[18].
There is a Machlokes Acharonim whether the 3 Tefachim of the Hamshacha need to be in a straight line[19] or whether they can curve or bend[20].
Care should be taken that the water does not come into the Mikva with pressure so that the water does not project outwards. This ensures that the water will be able to run on the surface of the Hamshacha for the required 3 Tefachim.
Haviyaso al Yedei Tahara
The requirement that the water coming into the Mikva not be brought over anything Mekabel Tumah is derived from the Pasuk מקוה מים יהי' טהור.[21] This Pesul is different to the Pesul of Sheuvin and therefore applies even when the object is not a Keli (receptacle). Whilst some maintain that the Pesul only applies where all of the water comes into the Mikva in this manner, there are those who are stringent and will disqualify the Mikva even if it was only 3 Log.
This Pesul only applies if the water would not otherwise reach the Mikva were the object which is Mekabel Tumah not there. Based on this care must be taken when choosing the pipes that are used to bring the rainwater to the Mikva. The Shulchan Aruch records that metal pipes may not be used[22]. Wood or ceramic pipes are not Mekabel Tumah[23]. If the pipes are attached to the ground and made to be used in this manner, no pipes are Mekabel Tumah.
Some Acharonim[24] question this leniency and maintain that any water passing over something that is Mekabel Tumah will be invalidated, even if the water would otherwise flow into the Mikva by itself.
If the water did become invalidated by flowing via something which is Mekabel Tumah, the Shulchan Aruch rules that it will only be Pasul if the water falls directly into the Mikva from the object which is Mekabel Tumah. If the water falls outside of the Mikva and flows (i.e Hamshacha) into the Mikva the water is kosher. Alternatively, if a small wooden pipe is added at the end of the metal pipe, this will also suffice.
Unlike for Sheuvin, in this case Hamshacha of 3 Tefachim is not required. Neither does the Hamshacha have to be over ground which is able to absorb.
Tefisas Yad Adam
As mentioned above, if rainwater enters the Mikva via the “hand of man”, it is rendered invalid. Here too Hamshacha can be used to render the water kosher once more. Whilst the Chasam Sofer[25] writes that a minimal Hamshacha suffices, most Poskim require that in relation to Tefisas Yad Adam, the Hamshacha needs to be 3 Tefachim and be over ground which is able to absorb.
Practical Application
Our Mikvaos are filled with multiple times the required 40 Seah rainwater and care is taken that there is no Tefisas Yad Adam in bringing the rainwater into the Mikva and we make sure that the water does not pass over or through anything which is Mekabel Tumah. Therefore, technically there is no requirement for Hamshacha.
None the less, the custom is to still bring the rainwater into the Mikva via a Hamshacha. Doing so can be a safeguard for any unknown problems that may arise that we are not aware of. For example, whilst the roof is checked before filling a Mikva, it is possible that Keilim which are either receptacles or are Mekabel Tumah (balls etc) may end up on the roof during the time of filling.
Having the tap or filter return water come into the Mikva via Hamshacha is an extra Hiddur. The tap water is considered Sheuvin. None the less, as seen above in the discussion of Reviah vehamshacha, where the drawn water is passed through a Hamshacha and there is a majority of rainwater, the drawn water is “upgraded” in status and becomes like rainwater itself.
_________________________
[1] A discussion on the suitability of filtering a Mikva and guidelines on how is should be done will be addressed in a future edition.
[2] Yoreh Deah 201:44
[3] Rosh
[4] Mikvaos 4:9
[5] See Beis Yosef for a lengthy discussion
[6] Ran, Rashba, Ramban. See however Beis Yosef who explains that the Rif is also of the view that Hamshacha only works where there a majority of rainwater
[7] See Beis Yosef YD 201 quoting Raavad, Rashba, Ramban, Rosh and Ramba”n
[8] Temurah 12b
[9] Yoreh Deah 201:44
[10] Ra”sh
[11] See Beis Yosef
[12] Yoreh Deah 201:44. There are Achronim who question the Ram”o’s ruling. None the less they say that the Ram”o’s ruling should still be followed.
[13] Igros Moshe YD 3:63
[14] 201:44 and 201:46
[15] 201:45
[16] Siman 83
[17] Even though Lavud does not apply, Aruch Hashulchan explains that the Rivash means that the Hamshacha should be large enough to be recognised.
[18] Lechem Vesimla 201:175 and Minchas Yitzchak 1:150. There is a minority view that the Hamshacha has no minimum shiur – Rashba.
[19] Shevet Halevi 8:203
[20] Chazon Ish YD 126:6
[21] See Zevachim 25b. There is a dispute whether the disqualification in Mideoraisa or whether it is Derabanan and the Posuk is only an Asmachta.
[22] Even though they do not have a receptacle, Peshutie Klei Matchos are Mekabel Tumah
[23] We are machmir with plastic pipes, treating them as Mekabel Tumah
[24] Chazon Ish YD 135:2
[25] YD 200
Rabbi Yonason Johnson
All modern-day Mikvaos are built with two Boros (tanks). One Bor is filled with rainwater which remains intact. The immersion Bor is filled with tap water. This Bor is either refilled regularly with fresh water or the water is filtered[1]. The water from the tap and the return water from the filter enters the Mikva from a different point.
In most Mikvaos, the water for these two Boros enter from two different sources. The rainwater to fill the rainwater Bor enters the Mikva from one point. The tap water and the return water from the filter enters the Mikva from a different point to the rainwater.
Before entering the Mikva, both the rain water and tap water flow through a Hamshacha channel, usually built in the form of a cement conduit.
To understand the function of the Hamshacha channels and why they are an important feature of the Mikva we need to preface;
There are a number of things which disqualify water from being Kosher for a Mikva. Depending on the disqualification, having the water pass through a Hamshacha can reinstate its kosher status and the Mikva will be valid. The three relevant disqualifications are;
Sheuvin; Once rain (or other natural) water has been drawn or passed through a receptacle (Keli), whether the Keli is Mekabel Tumah or not, the water is invalidated. If even 3 Log (approx. 1 litre) of drawn water falls into the Mikva before there is a full measure of 40 Se’ah of rainwater, the Mikva is invalidated.
Tefisas Yad Adam; The water coming into the Mikva cannot come via the “hand of man”, even if no Keli is involved. Even if the water was splashed into the Mikva by a person’s feet or hands, the Mikva is invalid.
Haviyaso Al Yedei Tahara; Water coming into the Mikva cannot flow over an object which is Mekabel Tumah, even if the object is not a receptacle.
The parameters of these issues and how Hamshacha can render the water Kosher once again will be discussed in detail below.
Sheuvin – Draw water
The Shulchan Aruch[2] rules that 3 Log of drawn water only invalidates a Mikva if it falls into the Mikva directly from the Keli. If the drawn water flows along the floor from outside of the Mikva (i.e. Hamshacha), the water will not disqualify the Mikva. The logic is that by running over the ground, the water returns to its connection to the ground[3].
The Rambam[4] records the view of the Chachmei Maarav that a Mikva can be filled entirely with drawn water which comes into the Mikva via Hamshacha[5] and no rain water is required. Many Rishonim understand that the Rif also adopts this view[6].
The majority of Rishonim[7] follow the view of Rabbi Eliezer ben Yaakov[8] that Hamshacha will only work where there is a majority measure of rainwater i.e. 21 Seah. Filling the Mikva in this manner is referred to as Reviah Vehamshacha, “majority (rainwater) and Hamshacha”.
The Shulchan Aruch[9] rules like this latter opinion.
There are those who permit this method of Reviah Vehamshacha even where the drawn water coming via Hamshacha enters the Mikva before the 21 Seah of rainwater[10]. However the Rambam[11] implies that this method only works where the 21 Seah of rainwater was in the Mikva before the drawn water enters via Hamshacha. The Ram”o[12] rules like the stringent view.
According to the Shulchan Aruch, a Mikva may Lechtachila be filled in this method. None the less, some Acharonim[13] write that because of the many details involved in making a kosher Hamshacha and questions such as whether cement in considered “able to absorb”, a Mikva should not be made in this way. In places of limited rainfall, this can be considered as an option for filling the Mikva.
What is used for Hamshacha
The Mechaber[14] rules that the Hamshacha can be affected by having the water run over the ground or over a pipe which is not made of something which would disqualify a Mikva (i.e. Mekabel Tumah). There are different opinions whether the pipe needs to be attached to the ground or not.
The Ram”o adopts a stricter approach that Hamshacha must be over ground which is able to absorb – ראוי לבלוע. Pipes or tiled or stone floors would not suffice. Practically this is achieved by making a cement with a ratio of 90% sand and 10% cement.
The Acharonim warn that care should be taken that the Hamshacha channel not be moulded as a Keli and then attached to the ground or Mikva structure. This would then render all of the water passing through it as Sheuvin and defeat the purpose entirely. The Hamshacha should be built directly onto the Mikva or ground or be fashioned so that it is not a Keli.
Length of Hamshacha
The Shuchan Aruch[15] rules that the Hamshacha should be a minimum of 3 Tefachim (approx. 24cm). The Rivash[16] explains that this is so that it is more than a shiur of Lavud[17]. Sefer Haminhagos is more stringent and requires that the Hamashacha be long enough that the force of the pouring of the drawn water into the Hamshacha is no longer acting on the water when it runs into the Mikva. Acharonim write that one should be stringent where possible[18].
There is a Machlokes Acharonim whether the 3 Tefachim of the Hamshacha need to be in a straight line[19] or whether they can curve or bend[20].
Care should be taken that the water does not come into the Mikva with pressure so that the water does not project outwards. This ensures that the water will be able to run on the surface of the Hamshacha for the required 3 Tefachim.
Haviyaso al Yedei Tahara
The requirement that the water coming into the Mikva not be brought over anything Mekabel Tumah is derived from the Pasuk מקוה מים יהי' טהור.[21] This Pesul is different to the Pesul of Sheuvin and therefore applies even when the object is not a Keli (receptacle). Whilst some maintain that the Pesul only applies where all of the water comes into the Mikva in this manner, there are those who are stringent and will disqualify the Mikva even if it was only 3 Log.
This Pesul only applies if the water would not otherwise reach the Mikva were the object which is Mekabel Tumah not there. Based on this care must be taken when choosing the pipes that are used to bring the rainwater to the Mikva. The Shulchan Aruch records that metal pipes may not be used[22]. Wood or ceramic pipes are not Mekabel Tumah[23]. If the pipes are attached to the ground and made to be used in this manner, no pipes are Mekabel Tumah.
Some Acharonim[24] question this leniency and maintain that any water passing over something that is Mekabel Tumah will be invalidated, even if the water would otherwise flow into the Mikva by itself.
If the water did become invalidated by flowing via something which is Mekabel Tumah, the Shulchan Aruch rules that it will only be Pasul if the water falls directly into the Mikva from the object which is Mekabel Tumah. If the water falls outside of the Mikva and flows (i.e Hamshacha) into the Mikva the water is kosher. Alternatively, if a small wooden pipe is added at the end of the metal pipe, this will also suffice.
Unlike for Sheuvin, in this case Hamshacha of 3 Tefachim is not required. Neither does the Hamshacha have to be over ground which is able to absorb.
Tefisas Yad Adam
As mentioned above, if rainwater enters the Mikva via the “hand of man”, it is rendered invalid. Here too Hamshacha can be used to render the water kosher once more. Whilst the Chasam Sofer[25] writes that a minimal Hamshacha suffices, most Poskim require that in relation to Tefisas Yad Adam, the Hamshacha needs to be 3 Tefachim and be over ground which is able to absorb.
Practical Application
Our Mikvaos are filled with multiple times the required 40 Seah rainwater and care is taken that there is no Tefisas Yad Adam in bringing the rainwater into the Mikva and we make sure that the water does not pass over or through anything which is Mekabel Tumah. Therefore, technically there is no requirement for Hamshacha.
None the less, the custom is to still bring the rainwater into the Mikva via a Hamshacha. Doing so can be a safeguard for any unknown problems that may arise that we are not aware of. For example, whilst the roof is checked before filling a Mikva, it is possible that Keilim which are either receptacles or are Mekabel Tumah (balls etc) may end up on the roof during the time of filling.
Having the tap or filter return water come into the Mikva via Hamshacha is an extra Hiddur. The tap water is considered Sheuvin. None the less, as seen above in the discussion of Reviah vehamshacha, where the drawn water is passed through a Hamshacha and there is a majority of rainwater, the drawn water is “upgraded” in status and becomes like rainwater itself.
_________________________
[1] A discussion on the suitability of filtering a Mikva and guidelines on how is should be done will be addressed in a future edition.
[2] Yoreh Deah 201:44
[3] Rosh
[4] Mikvaos 4:9
[5] See Beis Yosef for a lengthy discussion
[6] Ran, Rashba, Ramban. See however Beis Yosef who explains that the Rif is also of the view that Hamshacha only works where there a majority of rainwater
[7] See Beis Yosef YD 201 quoting Raavad, Rashba, Ramban, Rosh and Ramba”n
[8] Temurah 12b
[9] Yoreh Deah 201:44
[10] Ra”sh
[11] See Beis Yosef
[12] Yoreh Deah 201:44. There are Achronim who question the Ram”o’s ruling. None the less they say that the Ram”o’s ruling should still be followed.
[13] Igros Moshe YD 3:63
[14] 201:44 and 201:46
[15] 201:45
[16] Siman 83
[17] Even though Lavud does not apply, Aruch Hashulchan explains that the Rivash means that the Hamshacha should be large enough to be recognised.
[18] Lechem Vesimla 201:175 and Minchas Yitzchak 1:150. There is a minority view that the Hamshacha has no minimum shiur – Rashba.
[19] Shevet Halevi 8:203
[20] Chazon Ish YD 126:6
[21] See Zevachim 25b. There is a dispute whether the disqualification in Mideoraisa or whether it is Derabanan and the Posuk is only an Asmachta.
[22] Even though they do not have a receptacle, Peshutie Klei Matchos are Mekabel Tumah
[23] We are machmir with plastic pipes, treating them as Mekabel Tumah
[24] Chazon Ish YD 135:2
[25] YD 200
