Rav Shimon Shkop (Sharei Yosher 3:19) says that the
40 seah requirement for a mikvah isn’t an amount of water
necessary o be contained in the mikveh to cause taharah, it’s necessary
for the shem mikvah as opposed to the 40 seah requirement for a mayen
is just an amount of water needed to cover the person dunking.
The Shulchan Aruch Orach Chaim 159:14 brings two opinions if
for netilas yadayim one needs to dunk his hands in a mikvah of 40
seah or its enough if it has enough water to cover his hands. However, by a mayan everyone agrees 40
seah isn’t required. If 40 sea
is only necessary because that’s the amount of water needed to cover a
person’s body, when it comes to washing only one’s hands, 40 seah shouldn’t
be required. So why is there an opinion that
40 seah is required? Furthermore,
what’s the difference between the mayan and mikvah?
It would seem they hold that 40 sea is
required for the shem mikvah and therefore require 40 seah even
for cleaning just one’s hands. However,
in a mayan there is a chalos of causing taharah even with
less than 40 seah. The 40 seah requirement is just to cover the person's body but for hands 40 seah wouldn't be required as Rav Shimon explained (Yalkut Yosef.) However, this explanation is difficult for it
assumes that there is an opinion that there can’t be a mikvah with less
than 40 seah but we see that to dunk utensils that are small it is enough
with a רביעית (see Pesachim 17b and Rashi there;) seemingly one can have
a mikvah with less than 40 seah? However,
the Gemorah comes out (Nazir 38b) that the Rabbis always required 40 seah for
a mikvah so it can be that same enactment applies to washing hands. If so, why is there an opinion that 40 seah
isn’t requires for washing hands, what happened to the Rabbinic decree?
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