MAY ONE IMMERSE HIS HANDS IN A KELI? [Netilas Yadayim :Tevilah ]
Question: May a Kohen be Mekadesh in the Kiyor?
The Torah said that he washes "Mimenu (from it)", not 'b'Socho (in it).' Or, perhaps this includes even in it?
Answer (Rav Nachman bar Yitzchak - Beraisa): If he immersed his hands in water in a cave, he is Mechalel Avodah.
Inference: If he immersed his hands in the Kiyor, his Avodah is Kosher!
Rejection: The Beraisa taught about a cave for a Chidush (but not for the inference). One might have thought that since he can immerse his entire body in it, all the more so he can be Mekadesh his hands and feet in it!
Chulin 107a (Rav Papa): One may not wash in an irrigation pipe (they pour water from the river into the pipe, and from which it flows to the field), since the water does not come to his hands from Ko'ach Adam (human impetus, rather, due to gravity).
One may wash (in the pipe) near the place into which water is poured, since the Ko'ach of the water is primarily from the man who poured it.
Rambam (Hilchos Berachos 6:5): Anyone who needs Netilas Yadayim, if he immersed his hands in a Mikveh, he does not need anything else. If he immersed them in water without the Shi'ur for a Mikveh, or in Mayim She'uvim (water that was in a Keli) in the ground, he did nothing. Mayim She'uvim are Metaher hands only through Netilah.
Hagahos Maimoniyos (6): This is unlike Bahag, who allows Tevilas Yadayim in a Keli.
Rosh (Chulin 8:13): Bahag permits immersing the hands in a Keli. Our Sugya requires Ko'ach Adam! However, we can say that we require Netilah from a Keli, whether he immerses his hands in it or pours from it. Here, his hands are outside the Keli, and the Keli's Ko'ach ended when the water comes on his hands. The Gemara does not really mean that Ko'ach Adam is required. The problem is that it is not from Ko'ach Keli. Alternatively, a Mishnah (Yadayim 1:5) says that anyone can pour the water, even a Cheresh, lunatic or minor, or he puts the Keli between his knees and washes, or tilts it on its side and washes, or a monkey pours. R. Yosi disqualifies the last two. He requires Ko'ach Adam; the first Tana requires only Ko'ach Keli. Our Sugya is like R. Yosi. Bahag is like Chachamim. One must be stringent, for the Sugya is like R. Yosi.
Rosh (Teshuvah 48:6): The pipe is not a Keli. If there is a spout on a barrel, one removes the spout between every pouring, then it is Ko'ach Adam, since the water comes due to removing the spout. If he would not remove the spout each time, then it would be like a barrel that one tilted on its side.
Talmidei R. Yonah (Berachos 42a DH v'Chasav): Rav Yehudai Ga'on says that one can put his hands in a Keli of water for Netilas Yadayim. He brings a proof from Kidush in the MikdashThe Torah said that he washes "from it", not 'in it.' Since we disqualify regarding Kidush, this implies that this is permitted for Netilas Yadayim for Chulin. It seems that he does not require that the water come from Ko'ach Adam. Even though the Sugya proves that we require Ko'ach Adam, since a Mishnah holds that we do not require Ko'ach Adam (it is Machshir through a monkey or tilting the Keli), the Sugya here is rejected.
Note: Surely, he does not mean that the Mishnah refutes the Sugya. The Amora'im knew all the Mishnayos! He must mean that we rely on the Stam Tana of the Mishnah, and reject our Sugya, which is like R. Yosi.
Rebuttal (R. Yonah): There is an argument in the Mishnah. The Sugya shows that we rule like R. Yosi, who requires Ko'ach Adam. Also the Ra'avad says so. Perhaps the Gemara knew that the Stam Mishnah is really an individual's opinion.
Mordechai (Berachos 200): We require Ko'ach Adam when he washes outside the Keli, e.g. the water is poured on his hands. When he sticks out his hands and washes in a Keli, this is Ko'ach Adam, and it is Kosher. Even though the first water that one puts on his hands is Tamei, and the water in a Keli mixes, there is no concern. We can say that Chachamim made a Ma'alah for (immersing in) a Keli (and there is no concern for Tamei water). Kohanim used to wash from the Kiyor. They pulled the lever and the water flowed onto the hands. This is Ko'ach Adam. We refer to the first flow, which was great, and it is the primary Ko'ach. Alternatively, they closed the spout each time and pulled it again, so it was always Ko'ach Adam.
Hagahos Ashri (Berachos 2:11): If one wants to eat, and there is 40 Sa'im of water in a basin, it suffices to wash his hands in it.
Shulchan Aruch (OC 159:8): If one put his hands in a Keli of water and shook them, if the Keli is connected to the ground, it is not considered Netilah. If the Keli is not connected to the ground, some say that it is considered Netilah, and some say that it is not. In pressed circumstances one may rely on the lenient opinion. If later he is able to wash normally, he washes without a Berachah.
Beis Yosef (DH u'Svaras): The Rashba says that the Ramban answered for Bahag that in Chulin, since the water is in the ground, it is like Tevilah, and there is no Tevilah in Mayim She'uvim. To wash the hands in a Keli is Netilah. He added that even Bahag forbids shaking the hands in a Keli attached to the ground, for it is Mayim She'uvim, like the irrigation pipe. In Toras ha'Bayis, he brought Bahag Stam to be the Halachah. Hagahos Maimoniyos says in the name of Semag that the Halachah does not follow Bahag. (Note: this is not in our text of Hagahos Maimoniyos.) Also Bedek ha'Bayis and the Rambam (Hilchos Mikva'os 11:1) rule unlike Bahag. Mahari Ben Chaviv says that one may rely on Bahag in pressed circumstances or b'Di'eved, e.g. he washed his hands in a Keli and blessed Al Netilas Yadayim. It is good to be stringent and wash again from a Keli, but not to bless, for he was already Yotzei according to some opinions.
Bach (9 DH Mihu): Hagahos Ashri says that Bahag permits only when the Keli has 40 Sa'im of water. Even in pressed circumstances one may be lenient only in such a case. The Shulchan Aruch holds that if the Keli was attached, he washes again with a Berachah. I say that if there were 40 Sa'im inside, he washes again without a Berachah. Those who disagree with Bahag explain that when we first asked about Kidush mid'Oraisa, we also asked about Netilas Yadayim. We conclude that one may not be Mekadesh in the Kiyor, and also Netilas Yadayim in a Keli is invalid.
Taz (10): All the Poskim who bring Bahag do not require 40 Sa'im in the Keli, for he is Machshir due to Netilah. The Bach brings Hagahos Ashri, who requires 40 Sa'im. I say that surely the correct text should say 'even if there is not 40 Sa'im of water inside.' If not, why did we need a verse to teach that one may not immerse hands in the Kiyor? It did not hold 40 Sa'im. The Rambam (Hilchos Bi'as Mikdash 5:13) says that it suffices if it has enough to wash four Kohanim. We do not find anyone who says that it must hold 40 Sa'im, which is a much greater Shi'ur.
Kaf ha'Chayim (60): If there 40 Sa'im inside, he washes again without a Berachah, like the Bach, for we are lenient about Safek Berachos.
Taz (11): The Yam Shel Shlomo (Chulin 8:73) says that since Rav Papa explicitly requires Ko'ach Adam, and all the Acharonim hold like this, even in pressed circumstances one may not wash in a Keli, and if he did he washes again with a Berachah, unlike the Shulchan Aruch.
Magen Avraham (15): Since there is an argument, he does not bless the first time. If so, he should bless the second time. He blesses for the first Netilah that was valid, whichever it was! Perhaps since one may wash in a Keli in pressed circumstances, he blesses on it, for it is considered Heter. If not, how could he eat without Netilas Yadayim?! The Beis Yosef connotes like this.
Gra: Almost all Poskim require Ko'ach Adam. Those who defend Bahag say that we require Ko'ach Keli, and the irrigation pipe is not a Keli, for it is attached. Washing in it is Tevilah, and it is Pasul in Mayim She'uvim. The Rashba says that the same applies to a Keli attached to the ground if it was attached and then carved out, like the irrigation pipe.
Mishnah Berurah (52 and Bi'ur Halachah (DH Im): Even those who say that Tevilah in a Keli is like Netilah, it is worse when the Keli is attached, for then it looks like Tevilah, which does not apply in She'uvim. Olas Tamid and the Drishah say so, and the Shulchan Aruch's words connote like them. However, this is from the Ramban and Rashba, who do not say that we decree because it looks like Tevilah. Rather, since it was attached and then carved out, it was never a Keli. The Gra and Ritva explicitly explain this way.
Mishnah Berurah (53): Those who say that it is valid require only a Revi'is in the Keli, for they consider it like actual Netilah.
Mishnah Berurah (54): The latter opinion disqualifies even if there are 40 Sa'im, for it requires Ko'ach Adam. Also, it must be like Kidush in the Mikdash. Tevilah in the Kiyor is invalid.
Mishnah Berurah (56): The Maharshal says that one may not rely on the first opinion, and it seems that the Gra agrees. Even one who wants to rely on the first opinion does not bless. The Graz and Chayei Adam say that he should wrap his hands in a cloth and eat.
Mishnah Berurah (57 and Bi'ur Halachah DH Notel): He does not bless when washing again, for perhaps he was already Yotzei the first time. Some say that he was Yotzei the first time because shaking his hands in the Keli is like Ko'ach Adam.
Kaf ha'Chayim (63): He should scratch his head or touch a covered part of the body to obligate himself to wash again, and bless. If he blessed the first time, he washes again without a Berachah.