פירוש על מקואות 1:9

SIX LEVELS OF MIKVAHS: the places where water has entered have six levels, each greater than the prior

Introduction Mikvaot begins with a list of "six degrees" of the purity of mikvaot. [We should note that many tractates begin with numbers. For instance, Shabbat, Shevuot, Kiddushin, Ohalot, etc. It seems that the tannaim liked starting mishnayot in this way]. "Mikveh" here refers to any water gathered in the ground. Our mishnah deals with laws concerning water gathered in pools that don't have forty seah in them. This shall be the topic of the first five mishnayot of the chapter.

POOLED WATER: a hole in the earth into which non-flowing water enters and which contains less than forty seah, which is the requisite amount for a mikvah

There are six degrees of mikvaot, each superior to the other. This is the introduction to the entire first chapter.

POOLED: derived from "puddled water" (Isiah 30:14)

The water of pools [smaller than 40 seah] if an unclean person drank of it and then a clean person drank of it, he becomes unclean; If an unclean person came and drank from a pool of water, and then a clean person came and drank from the same water, the clean person becomes unclean. This is because it is possible that the clean person drank from the exact water that the unclean person touched. Although water that is still "connected to the ground" by virtue of it being in a pool cannot become impure (see Leviticus 11:36) the mishnah considers the water that was removed from the pool and then put back in by the unclean person to be separate from the other water. This already-defiled water does not mix back in with the pool and become nullified. When the clean person removes some water, this water is now detached from the ground and since there will be some of the unclean water with it, all of the water is defiled. The water then defiles the clean person by contact.

AN IMPURE PERSON DRANK AND A PURE PERSON DRANK, [he becomes] IMPURE: if an impure person drank from this water first, and afterward a pure person cam and drank from it, the pure person is rendered impure. Since a drop fell from the mouth of the impure person into the puddle, and lest the pure person drinks and becomes impure; for he who drinks impure water renders the Terumah invalid. [----]. And even though he doesn't invalidate the Terumah unless he drinks a revi'it, he does in any case become impure once the drop comes to his mouth and renders impure all the water in his mouth with it. And this droplet is not considered Hashokah (osculation) in that there is not forty se'ah, as taught in the end of our Mishna. But through the contact with the impure, the puddle does does not contract impurity until any of its contents are separated from it. And this is as in the Tosefta

If an unclean person drank of it and then drew water from it in a clean vessel, [the vessel] becomes unclean; Similarly, a clean vessel is defiled by contact with this water. Again, the water inside does not become nullified.

...FILLED WITH A PURE VESSEL: from the water of the puddle after an impure person has drunk from it. We are concerned that the droplet which contracted has impurified the vessel, as vessels can be rendered impure via contact with impure fluid.

If an unclean person drank of it and then a loaf of terumah fell in: If he washed [his hands] in it, it becomes unclean; But if he did not wash [his hands] in it, it continues clean. In this case a loaf of bread falls in and then someone takes it out. If the person who took it out first washed his hands off in the water, then he hands are unclean and he will defile the loaf. If, however, he does not first wash his hands off, then the loaf remains clean. The reason is a bit complicated. The water in the pool cannot become impure until it has been removed from the pool. When he removes this water, the clean water is greater in quantity than the unclean water and therefore the unclean water is nullified. In this case, we don't say that the unclean water defiles the clean water, as we said in section two because we hold that the unclean water has been absorbed by the loaf. Since this water cannot be seen, it is considered to be nullified by the clean water. I realize that this is complicated. Just remember I didn't write it.

IF HE RINSES, the morsel: It is rendered impure. And if he does not [rinse] then it is pure; insofar as pooled water does not become caused to receive impurity until it has been separated, the halacha is that if he does not rinse then it is pure. And even if he elevates the morsel (of terumah) we do not consider the water than comes along with it to have received impurity from the droplet, because the droplet is nullified by the pure water. But if he does rinse it, we consider and designate the water in his hand as having received impurity from the droplet and the droplet is not nullified by that water rather, on the contrary, [that water] is considered impure and therefore renders the morsel impure

FILLED WITH A PURE VESSEL: We learned above that the impurity comes to the water on account of the impure person, and here we learn that the impurity comes account of an (impure) vessel

If one drew water from it in an unclean vessel and then a clean person drank [out of the pit], he becomes unclean.
If one drew water [from it] in an unclean vessel and then drew water from it in a clean vessel, it becomes unclean.
If one drew water [from it] in an unclean vessel and a loaf of terumah fell in: If he washed [his hands] in it, it becomes unclean; But if he did not wash [his hands] in it, it is clean.
This mishnah is basically the same exact mishnah as yesterday's mishnah, except the water in the pool is defiled not by a person drinking directly from it but by a person filling up an unclean vessel from it.

IMPURE WATER FALLS: We learn here that, that of Pooled Water can receive impurity on account of impure fluid which falls into it (the Pooled Water)

If unclean water fell into it and a clean person drank of it, he becomes unclean.
If unclean water fell into it and then water was drawn from it in a clean vessel, it becomes unclean.
If unclean water fell into it and a loaf of terumah fell in: If he washed [his hands] in it, it becomes unclean; But if he did not wash [his hands] in it, it is clean.
Rabbi Shimon says: it becomes unclean whether he washed in it or whether he did not wash in it.
The first three sections of today's mishnah are the same as the first two mishnayot, except in today's case, the water in the pool was defiled because someone poured unclean water into the pool. In the last section of today's mishnah, Rabbi Shimon disagrees with the laws in section three (concerning the loaf) all first three mishnayot.
Section four: Rabbi Shimon holds that the water was not fully absorbed into the loaf. There will be at least a drop that remains on the loaf. This drop will defile the entire loaf. The same would be true in the situations in the previous two mishnayot.

RABBI SHIMON SAYS WHETHER HE RINSES OR WHETHER HE DOES NOT RINSE: R' Shimon holds in all cases, whether the impurity comes as a result of a person, whether by a vessel, or whether by fluid, in all cases he holds that whether (afterward) he rinsed to morsel or whether he did not rinse the morsel, the morsel is impure. The reasoning of R' Shimon is [as follows] - I say that the impure droplet of water which fell in from the mouth of the impure person or from the vessel or from the (impure) fluid, (that droplet) will remain on the morsel once all the other water has fallen of of it, and it (the morsel) will be impure. The halacha is not in accordance with R' Shimon.

OR IF AN IMPURE PERSON WALKED IN IT AND THEN A PURE PERSON DRANK, HE REMAINS PURE: Because Pooled Water does not become caused to receive impurity until it is separated, as we learned above

If a corpse fell into it or an unclean person walked in it, and a clean person drank of it, he is clean. The water that is in the pool is not susceptible to impurity. It became impure in the cases discussed in the previous three mishnayot because someone took out some of the water and then put it back in. In contrast, if a corpse falls in or an unclean person walks in it, none of the water has been taken out and then put back in. Therefore, if a clean person comes and drinks from it, it remains pure.

AS WITH POOLED WATER, PIT WATER...: They are all equal as relates to all the laws we learn in this Misha, up until the second level (of 6 ma'alot). Pits, that is those made circular. [sichin], long and short....

The same rule applies to the water of pools, the water of cisterns, the water of ditches, the water of caverns, the water of rain flows which have stopped, and mikvehs of less than forty seahs. The rules that were found in the first three mishnayot and the beginning of this mishnah apply to all bodies of water that are less than forty seahs. [A seah is assumed to be about 12 liters, so we're talking about 480 liters, or about 126 gallons]. The "water of rain flows which have stopped" refers to water that has flown down from a mountain, but has stopped flowing. If it still flows, then the rule is different (we will see this in mishnah six).

EXTRACTED [water]...mountaintop rainfall CEASED, and the water strains and trickles from the mountain after the rain ceased falling and ceased creeping on the mountain. The water that remains is Pooled Water, and if an impure person drinks from it, or an impure vessel is filled from it, or impure fluid falls in it, the impure droplet is not nullified in it. But throughout the period during which the rain still creeps [down the] mountain, even though the rainfall already ceased, we do not consider it as Pooled Water, and the rain water which afteward creeps down the mountain nullifies the impure droplet, even though the initial water didn't nullify it.

They are all clean during the time of rain; Rain water does not receive impurity. Therefore, when the rains are still falling, all of the small bodies of water mentioned in section two are pure. Even if someone had defiled this water, the rain waters nullify the impure water.

הקרובים לעיר ולדרך טמאים – for we are concerned lest he drank ritually impure [water] or filled them with a ritually impure utensil.

When the rain has stopped those near to a city or to a road are unclean, and those distant remain clean until the majority of people pass [that way]. If the rain has stopped, then we need to figure out whether the water is pure or not. If the body is close to the city or to a path, then we have to assume that people drank from there and since people might be impure, the water must be treated as impure. But if the body of water is far from the city or the path, then we can assume that it is pure until we know that many people have gone there.

שיהלכו רוב בני אדם – the caravans that go a distant path. For then they are ritually impure, lest one of them drank ritually impure water or filled up [water] with a ritually impure utensil.

מאימתי טהרתן – of those who are near and those who are far away.

Introduction Today's mishnah is the last mishnah that deals with the water found in pools that are less than forty seahs. The mishnah refers to a pool of water that had been made unclean and now rain has started to flow back into it. The question is at what point the pool becomes clean again.

משירבו וישטפו (after they have formed the greater part and overflowed) – from when the rains fell and they (i.e., the rain water) formed the greater part over the waters that were already in them before the impure person drank [from them] or that he filled from them in a ritually impure utensil and also were overflowing, passing over the bank of the stagnant waters and they went outside, and the measurement of a overflowing is a little bit.

When do they become clean?
Bet Shammai say: when their contents have been increased [by more than the original quantity] and they overflow. Bet Shammai rules most strictly. In order for the pool to become clean again, the new water that has come in from the rain must be more than the original water that remained and the contents must also overflow.

רבו – not according to the School of Shammai that required both of them, that they formed the greater part and overflowed, but since the rain waters formed the greater part that they came afterwards on the water that were there in them at the time of their ritual defilement, they were purified, een though they didn’t overflow and go outside.

Bet Hillel say: when their contents have been increased [by more than their original quantity] even if they do not overflow. Bet Hillel says that the pool need not overflow.

ר' שמעון אומר מששטפו – [from when] the rain waters [overflow] the banks/shore of the stagnant waters/puddle, and went outside, the stagnant waters/puddle is purified.

Rabbi Shimon says: when they overflow although their contents have not been so increased. Rabbi Shimon rules even more leniently. If the pool was almost full and then it rained and it overflowed, the pool is clean even if there is only a small amount of rainwater.

אע"פ שלא רבו – the rain waters that came afterwards on the waters that were I the stagnant waters/puddle at the time of their ritual defilement.

[These] are valid [for preparing dough] for hallah and for the washing of the hands. The water in the pool is now completely clean. The mishnah emphasizes how pure the water is by stating that one could even use it to prepare hallah or two wash one's hands. The same is true for preparing terumah. In other words, the water is not at all impure.

כשרים לחלה – these stagnant waters/puddles as it is taught in our Mishnah, are kosher/fit to use them for Hallah, to knead and to cook in them Hallah.

וליטול מהן ידים – for everything that requires the ritual washing of the hands.

מי תמצית שלא פסקו – the mountains [did not cease] from their flowing, and still they burst forth from the rain water that fell upon them, these nullify the first ritually impure drop that was in the stagnant waters/puddle. Therefore, if a ritually impure person drank and ritually pure person drank, all the while that they (i.e., the flowing) did not cease, [the individual] is ritually pure, for ritually impure water that fell there, was purified, and this is the superiority, for those [mentioned] above, their ritual immersion was not effective for ritually impure waters, whereas here, it was successful. But they are not kosher/fit for the immersion of humans and utensils and hands.

Superior to such [water] is the water of rain flows which have not stopped.
If an unclean person drank of it and then a clean person drank of it, he is clean. If an unclean person drank of it and water was then drawn from it in a clean vessel, it is clean. If an unclean person drank of it and a loaf of terumah fell in, even if he washed his hand in it, it is clean.
If one drew water from it in an unclean vessel and then a clean person drank [out of the pool], he is clean. If one drew water from it in an unclean vessel and a loaf of terumah fell [into the pool], even if he washed his hands in it, it is clean.
If unclean water fell into it and a clean person drank of it, he is clean. If unclean water fell into it and one drew water from it in a clean vessel, it is clean. If unclean water fell into it and a loaf of terumah fell in, even if he washed his hands in it, it is clean.
[All such water] is valid for terumah and for the washing of the hands.
Today's mishnah is basically a repeat of mishnayot 1-3 except here we deal with rainwater that continues to flow into the pool. This rain will continuously nullify the water that has been defiled and put back into the pool. Thus, this water cannot become impure (although water taken out of it can be made impure).
The commentary to this mishnah would be the same as that found in mishnayot 1-3 so I have not repeated it from there. Section two is parallel to mishnah one, section three is parallel to mishnah two, and section four is parallel to mishnah three. Section five is similar to the end of yesterday's mishnah. It notes that this water is pure enough that it can be used in the preparation of terumah.

טובלים – the entire body of a person.

Introduction Today's mishnah talks about the next two bodies of water that have greater purity than the pool consisting of renewed rainwater.

ומטבילין – the utensils, but the hands at all that require ritual immersion of the hands, and washing them are not enough, as for example for something Holy.

Superior to such [water] is [the water of] the mikveh containing forty seahs, for in it people may immerse themselves and immerse other [things]. One level superior to the pool of flowing rainwater is the mikveh, a pool that has forty seahs of water that have not been drawn. A person can immerse in a mikveh in order to become pure and he can also immerse things (such as vessels) in a mikveh in order to purify them.

מעין – that its waters bubble/flow a little bit from the drawn water that they pour into it.

Superior to such [water] is [the water of] a spring whose own water is little but has been increased by a greater quantity of drawn water. It is equivalent to the mikveh in as much as it may render clean by standing water, and to an [ordinary] spring in as much as one may immerse in it whatever the quantity of its contents. Greater purity is accorded to spring water. A mikveh does not purify when its water is trickling on the ground. All forty seahs have to be gathered in one place for it to purify. In contrast, a spring generally purifies even if its water is trickling on the ground. However, in the case in our mishnah since the spring waters have been augmented with drawn water, they don't purify unless they have been gathered together, i.e. they are standing. In this way it is similar to the mikveh. This spring is similar to an ordinary spring, one whose water has not been augmented with drawn water, in that the fresh spring water purifies even if there are less than forty seahs. In contrast, a mikveh, water that has been gathered (we shall learn how in subsequent mishnayot) only purifies if there are forty seahs.

שוה למקוה לטהר באשבורן – but not in moving waters (i.e., rivers and springs) but a Mikveh/ritual bath purifies in an a collection of water in one place that does not flow/אשבורן And this is because of the drawn waters that are greater that are in it are equivalent to a Mikveh/ritual bath to purify in a collection of waters in one place but not in moving waters.

ולמעין להטיל בו בכל שהוא – and it does not require forty Seah like a ritual bath/Mikveh, for the Mikveh does not purify with any less than forty Seah and this purifies with a little bit like a spring.

מים מוכים – waters that flow that are salty or warm.

Introduction Today's mishnah deals with the two bodies of water that have the highest degree of purity.

שהן מטהרים בזוחלין – for whereas a spring, whose waters are few as above, it doesn’t purify in moving waters but rather in a collection of water.

Superior to them are "smitten waters" which can purify even when flowing [on the ground]. "Smitten waters" is a term used to refer to a spring whose water has somehow been despoiled. Either the water is salty or it is not cold because it is standing. These waters are purer than the spring whose standing waters have been augmented with drawn water because the water of this spring purifies even when the water is flowing on the ground. However, it still does not count as "living waters" which is the purest form of water. Indeed, "smitten waters" literally could be translated as "killed waters" which is the opposite of "living waters."

מים חיים – that flow but are not salty/afflicted.

Superior to them are "living waters" for in them there is immersion for zavim and sprinkling for metzoraim, and they are valid for the preparation of the hatat waters. "Living waters" are fresh water in the spring. This is the level of purity required for the immersion of a zav, a person with an abnormal genital discharge (see Leviticus 15:13). The metzora is a person who had some sort of skin disease (we learned about this in Negaim; see Leviticus 14). This is also the type of water required to make the "hatat waters" the waters into which are put the ashes of the red heifer (see Leviticus 19:16; we learned about this in Parah).

שהן טבילה לזבים – as it is written concerning it (Leviticus 15:13): “[When one with a discharge becomes purified of his discharge, he shall count off seven days for his purification, wash his clothes,] and bathe his body In fresh water.”

והזייה למצורעים – as it is written regarding them (Leviticus 14:5): “The priest shall order one of the birds slaughtered] over fresh water in an earthen vessel.”

בשרם לקדש בהן מי חטאת – as it is written regarding them (Numbers 19:17): “[Some of the ashes of the fire of purification shall be taken for the impure portion,] and fresh water shall be added to them in a vessel.”