A Mikveh with Snow

Mikvaot (7:1) | Yisrael Bankier | 3 years ago

The seventh perek begins by discussing various liquids and assesses whether they would invalidate a mikveh or whether, if added to a mikveh, can be considered as increasing its volume to the minimum amount (shiur). One item that is debated in the first Mishnah is snow. The first opinion is that snow can be added to a mikveh so that it can reach the shiur. R' Akiva however continues that R' Yishmael would rule before him that the snow could not achieve that end.

The Mishnah however continues that R' Yishmael instructed the people of meidva to create the mikveh with snow.¹ R' Yishmael ruling appears to the contradict the position he presented before R' Akiva. How are we to understand this Mishnah?

The Tosfot Yom Tov cites that Rambam who explains that the position R' Yishmael presented in front of R' Akiva was not a definite ruling but rather part of their deliberation when discussing this case. The Mishnah therefore follows with R' Yishmael's practical ruling in the matter, which is consistent with the first ruling in the Mishnah.

The Mishnah Achrona is not comfortable this explanation. Why would the Mishnah present a statement that was not representative of his true opinion?

The Tifferet Yisrael suggests that the case with Meidva is different than that which was in discussion with R' Akiva. More importantly, the second case was necessary to better understand R' Yishmael's position in the first case. Had the Mishnah only taught that R' Yishmael did not allow snow to be used to top up the mikveh, one might have thought that this is because he does not considered snow as water. The Mishnah therefore continues that R' Yishmael allowed a mikveh to be created with snow. That being the case, it is clearly considered water. The issue was using snow to top up a mikveh since it is a different "type" of water.

The Mishnah Achrona also suggests that there is a difference whether the mikveh is made entirely of snow or whether snow is being used to top up a mikveh. He however presents a different distinction. The Mishnah Achrona cites the Beit Yosef who explains that if snow is being used, it must be crushed. Since snow full of empty space, if the snow is not crushed, there is concern that not enough snow will be added.² The Mishnah Achrona continues the creation of a mikveh is usually done by experts that are particular about all the law of a mikveh including this one. Consequently, there would be no issue in creating a mikveh with snow. Topping up a mikveh however could be performed by anyone. That being the case, the use of snow might mistakenly result in not enough being added. Consequently, both statements of R' Yishmael are needed as they present two different cases.

¹ Note that we learn from this case, that even if the snow is transported in buckets, it is not considered drawn water (see YD 201:30). The transport itself however needs care since any water that collects as the snow melts, would be considered draw water.

² One can add that snow would also needs to be melted before the mikveh can be used. Some techniques used to melt the snow may invalidate the mikveh, so expert involvement is certainly required. For example, Pitchei Teshvua (201:21) cites the Toldot Yitzchak who explains that since one is not allowed to immerse in snow, it is not yet defined as water. Pouring hot water on the snow to melt it would be equivalent to adding drawing water to a mikveh prior to it reaching forty se'ah. He cites the Chatam Sofer that suggests heated metal plates must be used instead.

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