Reply To: Questions on Yoreh Deah, Choshen Mishpat

Charliehall:

A. I am intrigued by the loan cases, but I did not learn that area of Choshen Mishpat. Sorry.

B. You asked about a tidal estuary, a river which flows into the sea, and a freshwater lake.

There is rainwater and spring water. Rainwater is only a mikva if it pooled with no apparent flow. Spring water is fine even flowing.

A river which is formed from a mixture of spring and rain, if it is mostly spring is fine.(half/ half see shach 201:10) If it is apparently mostly rainwater it is a machlokes the Rosh and Rabeinu Tam. According to the rema 201:2 and shach, this is a real psul. According to the Taz 201:3, this is a gzeira. The gezeira applies to all rivers which are overwhelmed by rainwater lest you be tovel in a spot of all rainwater.

One of the proofs of the Taz is that since the springwater is touching the rainwater, it should make all of it kosher for tvila even flowing (see also taz 20).

The Rema states that we can rely on the permitting opinions if we have no other mikva. Even so, one can only go in the middle of the river where it was flowing before the rain (shach 11).

Your cases therefore present a difficulty. If the water were to be springwater, it would unquestionably be ok. However, if the water is rainwater and it is flowing (the lake would probably be considered flowing if it has an outlet, the estuary, if it flows), it is more difficult.

The Mechaber says in 201:10 that if a spring is connected to a pool of rainwater it takes on the status of rainwater. This would seem to permit your river which is open to the sea.

Nevertheless, according to the Taz, it would still clearly be pasul since the gezeira would still apply. I imagine the estuary would not have the gezeira, I don’t know if the lake would.

According to the shach, rivers which have majority rainwater are always pasul despite the fact that they are connected to their own springwater. the shach therefore qualifies the mechaber in 201:10 saying, (shach 201:32) that the mechaber was only speaking in a case of majority springwater after the mixing. I don’t imagine that the river flowing into the sea will become majority springwater. It would therefore be pasul.

So. In all three, if majority spring water, fine.

If majority rain water, if flowing, not fine.

Except the lake, perhaps ok even if flowing according to Taz as long as some spring water.