Can we still Toivel Keilim in such a Mikvah?

 

Question:

The Mikva Bor in yeshiva over 4 years ago had rainwater. The regular Bor is higher than the Otzar and it overflows very often so over the 4 years all the rainwater is gone. Can we still Toivel Keilim in the Otzar?

 

Answer:

First, in clarification of your question – In Mikvah construction, Otzar more correctly refers to a backup reservoir of rainwater which issued to replenish the main rainwater Bor without having to wait for rain. However, some people use the term Otzar to refer to the main rainwater Bor. I am assuming from your question that this is what you meant – please clarify if you meant something else.

Similarly, in your question, you do not describe what type of Mikvah it is, but it appears from your question that you are referring to a side-by-side Mikvah Hashokoh. [Please clarify if otherwise.]

According to most Poskim, and the basic Halacha, once water comes into contact with a Kosher Mikvah, it becomes completely Kosher. Therefore, even if a swap of waters occurs over the time, the Mikvah remains Kosher.

However, there is an opinion [the Raavad] who invalidates “Noson se’ah v’notal se’ah”, which literally means “adding a se’ah [of tap water] and taking a se’ah [of rainwater],” unless there remains more than half of the original rainwater (twenty Se’ah). So, if one continues taking and replacing water and there is now less than twenty Se’ah of original rainwater, the Raavad invalidates such a Mikvah.

While, as mentioned above, the basic Halacha is that the Mikvah is Kosher, nevertheless, it is a well-accepted rule (based on the Tashbatz) that a Mikvah should be as Mehudar as possible. Of course, it is a  Hiddur to build a Mikvah that avoids this problem. This is why, in general, the Chabad approach is to build a Mikvah Boral-Gabei Bor.

With regards to Keilim, there is a Machlokes whether their immersion is Min Hatorah or Miderabanan, and the Alter Rebbe rules (323:8) stringently. Since Keilim require immersion Min Hatorah, one should use a Mikvah which is Mehudar where possible. However, when such a Mikvah is not available, or after the fact, Tevilah in a Mikvah where “Noson se’ah v’notalse’ah” occurred is  still acceptable, as it’s acceptable even for a Mikvah for immersion of women.

As a final word of caution, there are many things which can go wrong and invalidate a Mikvah. Therefore, when a Mikvah is required Min Hatorah, one should ensure that it is under the Hashgocha of a Rov who is proficient in Hilchos Mikvaos. If it is not under the Hashgocha of a Rov, one should not automatically presume that it is Kosher.

 

 

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