Editing Zochlin (section)

==== The Ruling of the Tzemach Tzedek ====
The Rebbe Tzemach Tzedek brings proof for the Rosh's opinion from a Mishnah that states that a wave that detached and contained forty se'ah, and rested on vessels or on a person, purifies them. This Mishnah seems puzzling, as these waters are considered "zochlin." The Maharik, who already noticed this question, answered that since the wave comes from the sea, and the law follows Rabbi Yossi that a sea is considered like a mikvah, therefore the wave is considered like a spring that purifies while flowing. But the Tzemach Tzedek challenges this, asking how one can make such an argument after the wave has completely detached from the sea and rests on the ground. When it is not connected to the source of the spring, it is not considered a spring, as ruled in Masechet Mikvaot. Additionally, it is difficult to understand why the wave needs to be forty se'ah in size like a mikvah, which proves it is considered a mikvah, and how it would purify while flowing like a spring, when the law is always the opposite; it is easier to qualify a spring that does not have the required amount of water than a spring whose waters are flowing.

From here, the Tzemach Tzedek concludes that the disqualification of "zochlin" only applies when all the water is flowing and moving on its way, not just part of it. At the moment the wave falls on the person, not all of it is "flowing," but only part of it, while most of it is in a state of falling on the person or on the vessels and is not escaping to another place, and what happens a moment later does not concern us.

Additionally, we can also consider the opinion of the Rashba, who rules that the disqualification of "zochlin" only applies to a large and noticeable hole, but not to a small crack. He brings several compelling proofs. One of them is the Mishnah: "a mikvah that was found to be lacking, all purifications done in it are retroactively impure," implying that only when it is found to be less than forty se'ah are all purifications retroactively impure, but if there are forty se'ah, there is no concern that there might be a hole in the mikvah and therefore the water would be considered zochlin, despite the principle that in case of doubt regarding Torah law, we rule stringently.

Similarly, the Rebbe Tzemach Tzedek discusses a mikvah that has a hole in the bottom of its wall toward another mikvah, such that after several hours a large part of the mikvah water is destined to exit and enter the second mikvah. He questions whether all the water that is destined to exit should be considered "zochlin," and he determines that this depends on the aforementioned dispute among the Rishonim. According to Rabbeinu Shimshon, the mikvah would be invalid since the immersion also occurs in the invalid waters that are destined to exit, and according to the Rosh, as long as the waters have not exited - they are valid. But if most of the mikvah waters are destined to exit in such a way, the mikvah is invalid. Therefore, he recommends making a hole the size of "k'shfoferet hanod" (which has room for two fingers from each side of the hole) that will cause the two mikvahs to be considered as one, and consequently the flow between one and the other would not be considered "zochlin."

[[Category:Mikvah]]
[[he:זוחלין]]