Комментарий к Микваот 5:9

מעין שהעבירו על גבי השוקת – which is a utensil, and not the trough/grooved stone that is in the rock.

[Water from] a spring which is made to pass over into a trough becomes invalid. The trough that is set into the rock in the ground is considered a vessel. Therefore, when they direct the water from the spring into and through the trough, it gains the status of "drawn water" and cannot be used for a mikveh. The trough in this case is not above the spring, as it was in the case in 4:5.

פסול – to immerse in the water that is within the trough and in the water that leaves and passes from the trough outwards, since all of the waters of the spring spill into the trough. But if the waters of the spring pass on the rim of the trough a bit, even though that some of them pass into the trough, it is kosher/fit to immerse in the waters that are on the rim of the trough or outside of it, for the spring purifies with a miniscule amount.

If it was made to pass over the edge in any quantity, [what is] outside [the trough] is valid, for [the water of] a spring purifies however little its quantity. In this case, most of the waters from the spring pass into the trough but some go over the edge, outside of the trough. Even if the part of the spring that goes outside of the trough is only the smallest amount, it still validates the remainder of the water, because the living waters of the spring purify the drawn water from the trough even in the smallest amount. The only thing one couldn't do in this case is immerse directly into the water in the trough.

והפסיקו – for the waters of a pool are not attached to the spring.

If it is made to pass over into a pool and then is stopped, the pool counts as a mikveh. If the spring is made to flow into a pool and then the spring is stopped up, the pool becomes a mikveh. When there are forty seahs in the mikveh, it will purify.

הרי הוא כמקוה – but it doesn’t purify with a miniscule amount until there will be there forty Seah.

If it is made to flow again, it is invalid for zavim and for those with skin disease and for the preparation of the hatat waters until it is known that the former [water] is gone. If he lets the spring flow again the water that immediately flows after the point at which it had been stopped cannot be used for those people who require "living waters" zavim, people with tzaraat (skin disease) and for preparing that hatat waters (red heifer waters). The spring cannot be used until the water that had been temporarily stopped is gone, because once the water was stopped, it is no longer living waters.

חזר והמשיכו – that he attached the waters of the spring to the pool.

פסול לזבים – that already stopped up their living [waters]. But regarding those with gonorrhea and lepers and waters of purification [mixed with the ashes of the red heifer for those made impure through contact with a corpse], it is written concerning them [that they require] potable, running spring water (see also Tractate Mikvaot, Chapter 1, Mishnah 8).

העבירו על גבי כלים – that the spring passed over walls of the utensils from the outside.

If it was made to pass over the outside of vessels or over a bench: Rabbi Judah says: behold it remains as it was before. Rabbi Yose says: behold it is like a mikveh, except that one may not immerse anything above the bench. In this case, the spring was made to pass over movable vessels or over a bench. Rabbi Judah says that the status of the spring has not changed. This means that the water still counts as "living waters" and even zavim, etc. can immerse in them. Such people can immerse in the spring after it has passed over the vessels or bench, just not in the part of the spring that directly passes over the vessels. Rabbi Yose says that now that the spring has passed over vessels the status is that of a mikveh. There will need to be forty seahs for the person to immerse but these are not "living waters" so zavim and those who require living waters cannot immerse there. And one cannot immerse directly over the bench or vessels themselves because while the water is there it counts as drawn water.

הרי הוא כמו שהיה – to ritually purify with naturally flowing waters (i.e., rivers and springs) and with a miniscule amount.

הרי הוא כמקוה – that requires forty Seah and a collection of water [in one place].

ובלבד שלא יטביל על גבי ספסל – as a decree lest he immerse in utensils. And the Halakha is according to Rabbi Yossi.

שהוא משוך כנדל (which are conducted in channels radiating like the feet of a centipede) – whose waters flow in many places like this moving creature/unclean reptile that has many feet and we call it in the foreign language – centipede.

If [water from] a spring that flows into many channels was increased in quantity so that it was made to flow in abundance, it remains as it was before. The spring here flows gently and splits into many little channels. The Hebrew word used to describe this is "nadal" which is the Hebrew word for centipede! If he added drawn water to such a spring, it still counts as a spring and one can immerse in it or in its small tributaries.

ריבה עליו (if one added to it) – drawn water until they flowed further and the places where their waters flow there grew in size.

If it was standing and its quantity was increased so that it was made to flow, it becomes equal to a mikveh in that it can purify in standing water, and to a spring in that one may immerse [objects] therein however small its quantity. This spring is completely standing still and not flowing into little rivulets like the one in section one. It is like a mikveh in that a mikveh need not be flowing for it to effect purification. And it is also like a spring in that it need not be forty seahs in order for it to be valid for immersion.

היה – the spring.

עומד – and its waters would not be flowing, and one added to it drawn water and the spring drew until its waters were flowing further and further on account of the drawn waters.

שוה וכו' למעין – these places where the water is flowing/running in them, are equivalent to a spring that ritually purifies in a miniscule amount, and are equivalent to a Mikveh/ritual bath that does not ritually purify other than in a pond/collection of water. Another interpretation: if one added to it and it was made to flow further, that the pools that would direct the water widened from this spring and enlarged them, behold it is like it was, that in the place that its waters flow prior to adding to them and widening them, there one ritually purifies with flowing waters, but from the sides, one does not purify other than in a pool/collection of water, but if the waters were not flowing but rather just standing, and one added to it, that widened the place of their standing, and flowed further, that he had the place of its standing as flowing, it is equivalent to a Mikveh to ritually purify in a pond/collection of water, and it doesn’t purify In flowing waters, for after that in the essence of the place of the spring they are not flowing.

הים הגדול כמקוה – The Bible did not call a place a “Mikveh” other than the Great Sea (i.e., the Mediterranean Sea), for it is what Scripture refers to in the account of Creation (Genesis 1:10), for there all the waters of Creation were gathered.

Introduction Our mishnah deals with the status of the seas do they count as a mikveh or as living waters? The exact same mishnah is found in Parah 8:8. Most of my commentary is the same as it was there.

ולא נאמר ימים – in the plural construction,. Other than because many kinds of seas were combined, that all of the streams go to it.

All seas are equivalent to a mikveh, for it is said, "And the gathering ( of the waters He called the seas" (Genesis 1:10), the words of Rabbi Meir. According to Rabbi Meir the seas are considered to be like a mikveh and not like a flowing spring, which can be used for the red cow, for zavim (those with unusual genital discharge) and for metzoraim (those with scale disease), all of whom require "living waters." In contrast to the rules governing a spring, for a mikveh to purify the water must be gathered into one place and it cannot be running. The seas are treated like a mikveh and therefore its waters purify only when they are gathered in one place. Rabbi Meir learns this from a midrash on the word "gathering" which is in Hebrew, mikveh. Genesis calls the seas a mikveh and therefore they are subject to the same rules as a mikveh and not to the rules of a live spring.

רבי יוסי אומר כל הימים – And the Great Sea (i.e., the Mediterranean Sea) also has the status of a spring on them in regards to the fact that they ritually purify with flowing waters, because the streams travel and flow upon them. But they are invalid regarding the status/Torah of “living waters,” that Scripture calls them a Mikveh. And the Halakha is according to Rabbi Yossi.

Rabbi Judah says: only the Great Sea is equivalent to a mikveh, for it says "seas" only because there are in it many kinds of seas. In contrast, Rabbi Judah limits this to the ocean, which in his case is the Mediterranean. Other seas are treated like springs and purify even when they are running. He explains that Genesis states "seas" not because it refers to all seas as a mikveh. Rather the Mediterranean is "seas" because it contains many different seas. One interpretation of this is that a fish that is caught in Akko does not have the same taste as a fish that is caught in Sidon!

Rabbi Yose says: all seas afford cleanness when running, and yet they are unfit for zavim and metzoraim and for the preparation of the hatat waters. Rabbi Yose says that all seas can purify when they are running none have the same restrictions as do a mikveh. However, the seas are not considered to be "living waters" as would be a spring. Therefore, none of the seas can be used for any of the rituals that requires "living waters" the red cow, zavim and metzoraim.

הזוחלין – as for example rivers that flow/are running waters, behold they are like a spring and ritually purify with running waters with a miniscule amount (see also Tractate Eduyot, Chapter 7, Mishnah 2).

Flowing water is considered like a spring and dripping water is considered like a mikveh. If one sees flowing water, then one can assume it comes from a spring and it can be treated like spring water for matters of purity. But if the water is dripping slowly on the ground, then it probably came from rain water and it must be treated like a mikveh. There will need to be forty seahs for it to be a source of purity.

והנוטפים – as for example, rainwater [that drips].

Rabbi Zadok testified that if flowing water exceeded dripping water [with which it was mixed] it was valid [as flowing water]. If most of the water comes from flowing water, then it counts as flowing water and there need not be forty seahs for it to be purificatory.

כמקוה – to ritually purify with forty Seah and with a collection of water found in one place [which does not flow].

If dripping water became flowing water, its flow may be blocked by a stick or by a reed or even by a zav or a zavah, and then one may go down and immerse oneself in it, the words of Rabbi Judah. Rabbi Yose says: one may not stop the flow of water with anything which is liable to uncleanness. There is a stream of dripping water which one directed downhill such that it now became flowing water and it now flows into a river or wadi. If one wants to gather some of it in a specific place so that he can fully immerse in it, he can put a stick or reed to stop the water up. Even a zav or a zavah who require living water can direct the flow of this water and immerse in it. Rabbi Yose says that if one wants to immerse in flowing water one can't stop the flow with anything that is liable to uncleanness. All the more so, a zav or zavah cannot use such water because it is no longer considered living water. This principle was stated in Parah 6:4.

שהם כשרים – like that which flows, for they drip a little, and even in a place where isn’t sufficient for ritual immersion in flowing waters, unless the dripping completes them.

והנוטפים שעשאן זוחלין (and dripping water which one made into flowing water) – as for example, a Mikveh that broke through its rim and its waters depart and flow.

סומך אפילו מקל – or a reed, either a person (i.e., a man) with gonorrhea or a woman who experiences a flow of menstrual-type blood on three consecutive days during the time of the month when she is not due to experience menstrual bleeding, we rely on the hand or the foot and close up/stop up the place of the waters going out until the waters are standing in one place and become a collection of water, and the ritually defiled individual goes down and immerses [in the Mikveh].

כל דבר שהוא מקבל טומאה – we do not need a man with gonorrhea or a woman who experiences a flow of menstrual-type blood on three consecutive days during the time of the month when she is not due to experience menstrual bleeding whom are ritually impure, for they are not able to close up/stop up the place where the waters are leaving with their hands or with their feet in order to restore the waters and make of them a collection of waters, but rather even a completely pure individual, for he is susceptible to receiving ritual defilement.

אין מזחילין בו – that is to say, we don’t restore with it the place of the flowing waters in order that it will become a collection of waters and he will be able to ritually immerse in it. And the reason of Rabbi Yossi is , that Scripture states (Leviticus 11:36): “[However, a spring or a cistern] in which water is collected shall be clean,” they will become such through purification. And the Halakha is according to Rabbi Yossi.

גל שנתלש – from the sea that is moving and in commotion.

If a wave was separated [from the sea] and was forty seahs, and it fell on a man or on vessels, they become clean. The wave that was separated from the sea is equivalent to a spring; thus one can immerse in it even when it is flowing. But it is also similar to the mikveh in that it must contain forty seahs. So if one put vessels in such a wave, the vessels would be pure.

ונפל על האדם ועל הכלים טהורים – for non-sacred purposes only, for non-sacred purposes do not require intentionality. But for Second Tithe and/or for Heave Offering, the one who immerses is not ritually pure until he intends it [for this purpose].

Any place containing forty seahs is valid for immersing oneself and for immersing other things. Any hole in the ground that has forty seahs of water that has not been drawn is valid for a mikveh. One can immerse in it and one can immerse vessels in it as well.

טובלין – a man or a woman.

One may immerse in trenches or in ditches or even in a donkey-track whose water is connected in a valley. This section illustrates the previous one. As long as there are forty seahs and the water was not drawn, one can immerse in water found anywhere. One can immerse even in donkey tracks found in a valley whose little puddles have been connected so that together they add up to 40 seahs.

מטבילין – utensils or hands in a place that requires the ritual immersion of hands, such as for something Holy, where it is not sufficient with ritual washing [of the hands].

Bet Shammai say: one may immerse in a rain torrent. But Bet Hillel say: one may not immerse. They agree that one may block its flow with vessels and immerse oneself in it, but the vessels with which the flow is blocked are not thereby [validly] immersed. According to Bet Shammai, if the from the start to the end of the rain flow there are 40 seahs of water, one can immerse in them. In other words, one doesn't even need any shape to the water whatsoever. As long as the source is rain (if the source was from the ground this would not be a mikveh but a spring) the water can serve as a mikveh. Bet Hillel says that the water must be gathered together for it to count as mikveh. After all, that is the meaning of the word "mikveh" gathered waters. Bet Hillel agrees that one may fence off the flow of rain water with vessels and thereby create a mikveh out of flowing rain water. But the vessels themselves don't count as having been immersed because the outside of the vessel is not touching the mikveh that has been formed on the inside and the water that flows outside is not valid for use as a mikveh.

חריצין (trench) – wide and square like a cave, rather that they are not fountains.

ונעיצים (a wedge-like ditch) – short from the below and wide from above.

פרסת חמור – and the same law applies regarding the tracks of any animal.

המעורבת בבקעה – a hole/indentation that was made in the ground through the tracks of the animal and water was gathered in it and it is combined to the Mikveh of forty Seah through an incision like that of a tube/mouthpiece of the leather bottle, we immerse through it.

חרדלית (rainwater rushing down a slope, torrent) – like a mountain varix. A stream/current/downpour of water that comes from the drawing of water of a mountain, an explanation from the collector of the mountain. And according to the School of Shammai one immerses things in them even if there is only forty Seah in it from their beginning to their end (see also Tractate Eduyot, Chapter 5, Mishnah 2).

ובית הלל אומרים אין מטבילין – until there will be forty Seah in one place. For the rainwater rushing down a slope/a torrent does not ritually purify other than in a collection of water/אשבורן.

שנודר כלים וטובל בהם (dams it with utensils and dips in it) – he makes a division with the utensils in order that they will hinder/impede the path of he water and they won’t be flowing . And he immerses them in water that is within the division of the utensils which are like the waters of a Mikveh.

וכלים שגדר בהן לא הוטבלו (and utensils with which one dammed – they are not deemed to have been immersed) – because all of the utensil was not immersed in the water during the division [of space], other than the side that is towards the torrent/rainwater rushing down the slope) and not at the side towards the outside. But if there is a difficulty, for Rabbi Yossi stated above (Tractate Mikvaot, Chapter 5, Mishnah 5) “anything that is susceptible to receiving ritual impurity – they do not stop the flowing of water therewith,” but how can he disagree with the School of Hillel which agrees that one dams it with utensils/vessels and immerses in it? One can say, that this where they agree is with the concluding clause [of the Mishnah], that stated, “and utensils with which one dammed, they are not deemed to have been immersed.” And this is how it should be read: The School of Shammai agrees with the School of Hillel when one dams with utensils and one immerses in them, utensils/vessels with which one dammed, they are deemed to have not been immersed. But the School of Hillel always holds that one does not dams with utensils/vessels and immerses in them, according to Rabbi Yossi who stated (see above, Mishnah 5), that anything that is susceptible to receiving ritual impurity, they do not stop the flowing of water therewith. And this is implied in the Tosefta [Mikvaot, Chapter 4, Halakha 10].