Immersing in a Wave

Mikvaot (5:6) | Yisrael Bankier | 3 years ago

The Mishnah (5:6) taught that if a large wave, with a volume of forty se'ah, detached from the ocean and landed on a person, then they are tahor. This Mishnah requires thought. How does the wave can affect tahara? Since it is moving, it would appear to act like a maayan (a spring). If that were the case, then there should not be a requirement of a volume of forty se'ah; any amount of water can affect tahara in a spring. The requirement of forty se'ah appears to fit that of a mikveh. Yet a mikveh can only affect tahara if it is still water. How then do we define this wave?

The Tosfot Yom Tov comments that despite the fact we have learnt that once a collection of water is no longer connected to a maayan it is defined as a mikveh, that is only once it has come to rest. This case is therefore different and the wave is still defined as a maayan. That being the case, why then is forty se'ah needed in the wave? The volume required should just be enough to completely cover the person, which would depend on his size.

The Tosfot Yom Tov cites that Rosh who explains that when the Mishnah taught the a maayan is different from a mikveh in that there is no minimum volume, that was only for purifying keilim (utensils). For purifying people however, forty se'ah is always required. The Tosfot Yom Tov maintains that our Mishnah is a solid proof.

The Tosfot R' Akiva however cites the answers of the Taz and Shacah. The Taz explains that the reason the Mishnah mentions forty se'ah is because that is the amount of water in which it is generally enough for a person to full immerse. In other words, the forty se'ah mentioned in this Mishnah is not a rigid requirement and the wave is still treated like a maayan.

The Shach however explains that since the wave is detached from the sea, while it still can affect purification when it is flowing, forty se'ah are now required for purification. Interestingly, this means that wave is neither a maayan or mikveh yet shares characteristics of both.

The Tosfot Chadashim however understands that the once the wave is detached it is defined as a mikveh. This understanding explains why forty se'ah required, but how then can it purify as it splashes on the person? The Tosfot Chadashim explains that this case is not considered zochalin -- flowing. How so? Zochalin is when the water is flowing like river or stream. In this case however, the water from the wave is one collected mass. That being the case, it is no different if the collection is in the ground or in the air.

The advantage of this explanation is the our Mishnah is not limited to a single opinion. Recall in the earlier Mishnah (5:4) the Tanaim debated the state of the seas and ocean. It was only R' Yossi that understood that all seas have the status of a maayan. According to the earlier explanations of the Mishnah, our Mishnah must be according to the R' Yossi, since they explain that the wave came from a sea that is considered a maayan -- this is indeed how the Rosh understands the Mishnah. According to the Tosfot Chadashim however, since the wave is considered a mikveh, the Mishnah can be understood whether the sea is defined as a mikveh or maayan.

The Bach (YD 201, s.v. aval zarak) however understands the status of a sea differently. He understands that the seas can only purify despite that fact the water there is not settled, because the Torah referred to them as a "mikveh". In other words the seas are a special type of mikveh that can purify despite flowing. This explains why R' Yossi maintains that one cannot purify a zav or metzorah that require spring water for purification in the sea -- the seas are not defined as a maayan but rather a special mikveh. They are nevertheless a mikveh which explains why forty se'ah is required. According to the Bach, this would mean that the wave has exactly the same status as the sea from which it was cast. The novelty of the Mishnah then is that it retains its status, despite no longer being attached to the sea.

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