1)

(a)The Mishnah rules that a Tamei person who Toveled, but is not sure whether ...

1. ... he Toveled properly or not, or whether ...

2. ... the Mikvah contained forty Sa'ah or not. remains Tamei.

(b)The third case listed by the Mishnah is - where the person Toveled in one of two Mikva'os, one of which contained forty Sa'ah, and the other one which did not.

(c)All these rulings are based on the principle - Uki Gavra a'Chezkasei (Place the person on his Chazakah), and the Tamei has a Chezkas Tum'ah.

2)

(a)The Tana now discusses a Mikvah that is found to be short of forty Sa'ah. He initially declares Tamei - anything that was Toveled in it (retroactively [see Tos. Yom-Tov]), irrespective of whether the Mikvah is situated in ...

1. ... a R'shus ha'Yachid, or in ...

2. ... a R'shus ha'Rabim.

(b)The reason that the principle Safek Tum'ah bi'Reshus ha'Rabim, Tahor does not apply here is - because this is a case of Safek Taharah and not Safek Tum'ah'.

3)

(a)This stringent ruling is restricted however - to Tum'ah Chamurah (a stringent Tum'ah).

(b)But in the case of Tum'ah Kalah, the Tana declares him Tahor. This ruling pertains - to all the above-mentioned cases.

(c)And it will even apply to a case where a. the person is not sure whether he Toveled properly *and* b. he is not sure whether the Mikvah contained forty Sa'ah or not (even though this is a S'fek S'feika le'Chumra).

(d)The definition of ...

1. ... Tum'ah Chamurah is - an Av ha'Tum'ah min ha'Torah (see Tos. Yom-Tov & Tiferes Yisrael).

2. ... Tum'ah Kalah is - a Tum'ah de'Rabanan.

4)

(a)R. Yossi - makes no distinction between Tum'ah Chamurah and Tum'ah Kalah. He applies the principle of Uki Gavra a'Chezkei to all cases of Safek Tum'ah.

(b)He concedes however, that ...

1. ...S'feiko Litamei - where one is not sure whether the food that he ate was Tamei or not) is Tahor (see Tos. Yom-Tov), as is ...

2. ... S'feiko Letamei - where he definitely ate Tamei food, but he is not sure whether he touched a loaf of Terumah or not ...

(c)... because then there is no Chezkas Tum'ah.

(d)The Halachah - is like the Chachamim.

5)

(a)Three Lugin (eighteen egg-volumes) of Mayim She'uvin - needs to be added to an incomplete Mikvah to render it Pasul.

(b)Chazal declare Safek Mayim She'uvin - Tahor (as we learned in Taharos).

(c)This principle applies to a case where one is uncertain as to whether the water that made up the forty Sa'ah was drawn or not - as it does to a case where ...

1. ... three Sa'ah of drawn water falls into a Mikvah (see Tos. Yom-Tov), and one is not sure whether the Mikvah already contained forty Sa'ah or whether the three Sa'ah made up the forty Sa'ah, and to one where ...

2. ... someone Toveled in one of two Mikva'os, one of which is Pasul on account of Mayim She'uvin and one of which is not.

6)

(a)The basis for the above rulings is - the fact that Mayim She'uvin is mi'de'Rabbanan (even if it comprises the entire Mikvah).

(b)Chazal learn from the Pasuk in Shemini "Ach Ma'ayan u'Bor Mikveh Mayim ... " that - a Mikvah is Kasher only if it is formed naturally, but not if it man-made (Mayim She'uvin),.

(c)To resolve this contradiction - we establish the latter D'rashah as an Asmachta (see Tos. Yom-Tov DH 'she'Yesh Lo').

7)

(a)The Mishnah now rules that if three Lugin of Mayim She'uvin fell into one of two Mikva'os, neither of which initially contained forty Sa'ah, and one doesn't know into which one it fell - they are both Pasul (and someone who Tovels in one of them remains Tamei ...

(b)... because he has nothing to rely on (seeing as either way, his Tevilah is Pasul).

8)

(a)R. Eliezer draws a distinction between Mayim She'uvin that precedes the Kasher water - which requires only a Revi'is (ha'Log) to render it Pasul (see Tos. Yom-Tov), and vice-versa - which requires three Lugin.

(b)According to the Chachamim - either way, only three Lugin will invalidate the Mikvah.

(c)The Halachah - is like the Chachamim.

9)

(a)The Tana Kama rules that if forty Sa'ah of natural water falls into a Mikvah which already contains three Lugin of drawn water, one Log in each of three holes - the Mikvah is Pasul.

(b)He validates the Mikvah however - if it is known (see Tos. Yom-Tov) that the forty Sa'ah fell into the Mikvah before the Log was poured into the third hole.

(c)R. Shimon - validates the Mikvah in any case ...

(d)... because, in his opinion - the water in the holes is akin to drawn water in a separate Mikvah, which does not invalidate the Mikvah that is next to it.

(e)The Halachah is - like the Tana Kama.

10)

(a)The Mishnah now discusses someone who is moving the mud in a Mikvah measuring forty Sa'ah to the side. The Tana Kama declares the Mikvah Kasher - provided he does not actually first detach the mud from the ground, but Pasul if he does.

(b)R. Shimon disagrees with the Tana Kama's ruling on the grounds - that since he only intends to move the mud to the side (and not to remove it), it does not have the status of Mayim She'uvin, even in the latter case.

(c)The Halachah - is like the Tana Kama.

11)

(a)Rain-water that falls into jars that one placed on the roof to dry - is eligible for Mei Mikvah.

(b)We learn this from the Pasuk in Shemini - "Ach Ma'ayan u'Bor", comparing water in a pit to water of a spring (which is Kasher as long as man did not have a hand in its being there).

(c)The water would be considered Mayim She'uvin if the jars had been placed there in order to collect the water - because since he wants the water to fall into the jars, it is considered as if he had poured it in himself.

12)

(a)In the latter case, - R. Eliezer suggests that one breaks the jars, to allow the water to fall into the Mikvah below ...

(b)... assuming it is the rain season and there is already some water in the lower Mikvah.

(c)The Mikvah is then Kasher - due to the principle of Hamshachah (where the Mayim She'uvin enters the Mikvah by first flowing three Tefachim along the ground [see Chidushei ha'G'ra and Mishnah Achronah]).

13)

(a)One cannot do this ...

1. ... outside the rain season - because then there will be no rain-water in the pit at all, and it is not permitted to make a Mikvah entirely (or even mostly) by means of Hamshachah.

2. ... if the Mikvah does not yet contain some rain-water (even during the rain season) - in case, as one begins to break the barrel, some of the water spills into the pit (see Tos. Yom-Tov [and we have already learned, R. Eliezer invalidates the Mikvah if as little as a Revi'is of Mayim She'uvin precedes the rain-water]).

(b)R. Yehoshua offers the alternative, besides breaking the jars - of tilting them so that the water pours out.

(c)He also disagrees with R. Eliezer - in that he permits breaking the jars a. even if there is no water in the pit yet, and b. even in the dry season.

(d)The reason that he...

1. ... does not require rain-water to precede the water from the jars is due his earlier ruling, that requires three Lugin of Mayim She'uvin (and not a Revi'is) to precede the rain-water, to render the Mikvah Pasul (and we are not afraid that three Lugin will fall into the pit before he breaks the jars).

2. ... permits the above even in the dry season is - because in his opinion, a Mikvah consisting entirely via Hamshachah is Kasher.

14)

(a)R. Yehoshua agrees however, that - picking up the jars and pouring them directly into the Mikvah is forbidden.

(b)Because picking up the jars renders the water inside them Mayim She'uvim.

(c)The Halachah - is like R. Yehoshua (see Tos. Yom-Tov).

15)

(a)A Sayad is - a lime-plasterer.

(b)If a Sayad (see Tiferes Yisrael) forgot a pot in a pit that holds forty Sa'ah, and that already contains some rain-water (see Tos. Yom-Tov), R. Eliezer permits him to break it - provided the water in the pit is floating above the pot (the pot is completely submerged) ...

(c)... because then, the water in the pot does not become She'uvin ...

(d)... since it is constantly connected to the water in the pit.

16)

(a)The Mishnah must be speaking outside the rain season - because otherwise, since there is already water in the pit, and the majority of the water will eventually be rain-water, he would be permitted to break the pot anyway (as we explained earlier).

(b)R. Yehoshua permits breaking the pot in any case, since he is able to make Hamshachah (see Tos. Yom-Tov).

17)

(a)In a case where someone arranges jars in a pit (see Tiferes Yisrael) which have filled with water, and the water in the actual pit drains, leaving only the water in the jars - the Mishnah permits breaking the jars ...

(b)... like R. Yehoshua in the previous Mishnahs.

18)

(a)A pit containing forty Sa'ah of water and mud - is eligible for Tevilah.

(b)R. Eliezer rules however - that ...

1. ... people must Tovel in the water, and not in the mud (they must move the mud to the side).

2. ... small vessels - can be Toveled in the water.

(c)This is because R. Eliezer forbids Tevilah in mud.

(d)R. Yehoshua maintains that - people may even Tovel in the mud, since when one's feet reach the mud, a film of water forms between the feet and the mud.

19)

(a)R. Yehoshua concedes that Toveling in the mud is prohibited - if all the mud is on one side - (see Tos. Yom-Tov).

(b)Up until now, the Mishnah has been discussing thin (liquid) mud - that is sufficiently liquid for the measuring stick to sink into it automatically.

(c)R. Meir now rules that thick mud ...

1. ... is Pasul for Tevilah ...

2. ... does not make combine with the water in the Mikvah to make up forty Sa'ah.

20)

(a)The Mishnah now cites five additional opinions as to the definition of thin mud that is still eligible to form a Mikvah. R. Yehudah too, uses a measuring-stick as a gauge - if it cannot remain vertical when placed in the mud, and R. Elazar ben Dulai - if a builder's weight sinks in the mud (see also Tiferes Yisrael).

(b)R. Eliezer gives the gauge as the narrow opening of a jar - if the mud can seep through, then it is Kasher for a Mikvah.

21)

(a)According to R. Shimon, mud that will not stop up the opening of a jar (but that rather falls into it) is Kasher. The opening of a jar comprises - a hollow cane which is used to pour liquid into the jar (see Mishnah Achronah).

(b)The standard width of the opening - is one that allows an average-size person to place his forefinger and middle finger in it and to swivel them round.

(c)The last opinion is that of R. Elazar bar Tzadok, who says ha'Nimdad be'Log by which he means that - it is normally measured by the Log (a liquid measure).

(d)The significance of the order in which the Tana'im are cited is - that it is progressively thicker (and therefore more lenient).

(e)The Halachah is - like R. Yehudah.