(2017/5777)

Introduction – Seeking to Satisfy Every Opinion

It is unparalleled in any other area of Halachah – the degree of stringency regarding which we treat the construction and maintenance of Mikveh is simply astounding. Already since the time of the Rishonim, the practice has been to act exceptionally strictly regarding a Mikveh’s construction and maintenance[17]. We seek to accommodate even opinions that represent a small minority of Halachic authorities and are not even cited in the Shulchan Aruch.

Indeed, although Rav Moshe Feinstein (Teshuvot Igrot Moshe, Orach Chaim 1:136) regards the size of an Amah (cubit) to be 21.25 inches in the context of almost all Halachot, including the laws of Shabbat, regarding Mikva’ot, Rav Moshe urges treating an Amah as 24 inches. Moreover, in a later responsum (Y.D. 2:89), Rav Moshe is even stricter and advises treating an Amah as 24.5 inches in the context of Hilchot Mikva’ot. A popular story about the Chazon Ish claims that he once remarked that he had never seen an invalid Mikveh, due to the many stringencies that we practice when constructing Mikva’ot. Moreover, my cousin Rav Yosef Singer (who, for many decades, supervised the Lower East Side of Manhattan Mikveh under the guidance of Rav Moshe Feinstein) relates that Rav Moshe utilized every possible opportunity to enhance and upgrade the Mikveh. For example, although the Mikveh originally used metal pipes to transport water from the roof to the Mikveh, Rav Moshe later installed plastic pipes.

The most obvious situation in which we seek to accommodate every opinion is the enormous effort expended to satisfy the opinion of Rambam and Ra’avad regarding Natan Se’ah VeNatal Se’ah[18], the attempt to preserve a significant amount of the original rainwater used to create the Mikveh. The split level Bor HaShakah[19], introduced for the first time in Zurich in 1959 by Rav Ya’akov Breisch[20], is an extraordinary means of satisfying this opinion. This style of Mikveh construction has emerged in the last fifty years as the standard[21] approach in communities of significant size throughout the Jewish world[22].

The Posekim offer a number of reasons for this stringency. The Divrei Chaim (Yoreh Dei’ah 2:99) writes, “One should strive to construct a Mikveh that will be acceptable to all opinions because Mikveh embodies the holiness of the Jewish People.” Rav Ya’akov Breisch (Teshuvot Chelkat Ya’akov 3:57) notes that if a community’s rabbis decide to rule leniently when certifying the Kashrut of a particular food product or establishment, then those rare individuals who observe additional Chumrot (stringencies) may simply decline to purchase their food there. However, we must create a Mikveh with the highest possible standards, accommodating the needs of even the most pious and stringent individuals, for they cannot refrain from using the Mikveh. The most intriguing of the explanations for this practice is that of the Satmar Rebbe. He is quoted (in the Teshuvot Minchat Yitzchak 9:94 and the aforementioned Teshuvot Chelkat Ya’akov) as saying that the Mikveh is supposed to purify us, rather than us needing to “purify” it by defending its validity. Therefore, we seek to satisfy ever opinion regarding the Kashrut of a Mikveh.

Rabi Akiva - Man’s Work is Greater than God’s Work

This relentless and unique pursuit of perfection may be explained in light of the most basic rule of Mikveh construction. The Torah (VaYikra 11:36) presents two means of purification - a Ma’ayan (spring) and a Bor Mikveh Mayim (or Mikveh for short), a collection of rainwater. The Sifra (commenting on VaYikra 11:36) draws a parallel between the Ma’ayan and the Mikveh, teaching that just as God creates Ma’ayanot naturally, without human intervention, so, too, must the water in a Mikveh reach it without passing through receptacles.

This preference for the natural runs counter to basic Jewish philosophy. Unlike classic Greek philosophy, which reveres nature, and unlike classic Christian rejection of nature, Judaism adopts the view that nature is in a state of imperfection which calls for man to intervene and improve it. This unique Jewish philosophical approach is best expressed in a stunning Midrash Tanchuma (Parashat Tazria) which records a poignant debate between Rabi Akiva and a leading Roman figure named Turnus Rufus:

Turnus Rufus asked Rabi Akiva, "Whose acts are greater, man's or God's?" Rabi Akiva answered him that man's acts are greater. Turnus Rufus responded that the heavens and the earth are divine creations which man cannot equal. Rabi Akiva disqualified this proof as out of man's realm, and thereby unfair to compare. Turnus Rufus then asked why Jews are circumcised. Rabi Akiva responded that he knew that this question was coming, and that was why he answered the way he answered. But to prove the point itself, Rabi Akiva brought sheaves of wheat and cakes, and said to Turnus Rufus: “These sheaves were made by God, while these cakes were produced by man!” Turnus Rufus then reformulated his previous point: “If God wants children to be circumcised, why does the child not leave the womb circumcised?” Rabi Akiva responded: “And why does his umbilical cord come out with him, with the child hanging by his stomach until the mother cuts it?” Rabi Akiva concluded: “Regarding your question as to why the child is not born circumcised, this is because God gave the Mitzvot to the Jewish people in order to refine them, an idea expressed by David in the verse, ‘God's word is refined’ (according to his understanding of Tehillim 18:31).”

Asher Bara Elokim La’asot

This fundamental point is expressed in BeReishit 2:3, which describes Creation as “Asher Bara Elokim La’asot” (Hashem created to make), which teaches the importance of humanity improving upon the natural world. The divine preference for man’s actions is so great that it applies even to the words of Torah, as expressed in the classic Talmudic story of the “Tanur Shel Achnai” (Bava Metzia 59b):

One day Rabi Eliezer and the Chachamim (group of Torah sages; in this case, it refers to the other great rabbis of Yavneh including Rabi Yehoshua and Rabban Gamliel) were having a Halachic argument over the purity of a specific type of oven referred to as a “Tanur Shel Achnai.” Rabi Eliezer brought them all the evidence he possibly could to legitimize his argument but the Chachamim rejected him. Upon being rejected, Rabi Eliezer said to the Chachamim, "If the Halachah is with me, then let the carob tree prove it!" to which the carob tree uprooted itself and moved 100 cubits. Some say 400 cubits. The Chachamim responded by saying that one cannot prove anything from a carob tree. Rabi Eliezer then said to him, "then if the Halachah is with me, let the stream prove it!" to which the water responded by flowing in the opposite direction. The Chachamim responded by saying that one cannot prove anything with a stream. Rabi Eliezer then said," then if the Halachah is with me, let these walls prove it!" to which the walls of the room began to cave in. Rabi Yehoshua then rebuked the walls by saying that the walls had no authority in a Halachic debate. The walls then stood at angles in respect to both of the rabbis. Finally, Rabi Eliezer said, "If the Halachah is with me, then may it be proven by heaven!" In response to this, a voice came down from heaven and said to the Chachamim, "why do you argue with Rabi Eliezer? The Halacha is in accordance with him in every way." Rabi Yehoshua boldly arose and said to the heavenly voice, "’Lo BaShamayim Hi’,” ‘The Torah is not in heaven,’ so we take no notice of heavenly voices since you have already written in the Torah to follow the majority." Eliyahu HaNavi reported to Rabi Natan that Hashem responded in delight, "my sons have defeated me, my sons have defeated me!”

Mikveh - God’s Waters

We see that the Torah’s strong preference is for man’s improvement of nature. Why then does the Torah demand that Mikveh water be completely natural, free from human intervention? The answer is that Mikveh is the exception to the Torah’s mandate to man to conquer and improve the world (BeReishit 1:28 with Ramban’s commentary). When immersing in the Mikveh, we seek to immerse in God’s water. This explains the great efforts to preserve the original rainwater, as per the opinion of Rambam and Ra’avad. It also explains the pursuit of Halachic perfection specifically in regards to Mikveh, since perfection is most appropriate in regards to God’s waters. The clarion call of “Lo BaShamayim Hi” is to be avoided when possible regarding a Mikveh, as we seek to satisfy every opinion. We wish to be sure that we are creating God’s waters[23].

Mikveh represents a return to the original state of the world, which began as simply water (BeReishit 1:2). Taharah, purity, is a return to the aboriginal state of the world[24]. Immersion in a Mikveh is an opportunity to press the restart button and begin anew. Complete and total immersion, a sine qua non of Mikvah immersion[25], replicates the fetus in the womb enveloped by amniotic fluid[26]. New beginnings, with the shedding of the burdens of past missteps, constitute the essence of the immersion experience. For this reason, immersion in the Mikveh is so central to both conversion and also the Yom Kippur service.

Conclusion

The Mikveh is a God-focused center of purity. In order to achieve the purity of Mikveh, God’s rules and specifications must be adhered to the utmost degree, more than anywhere else in Creation, save perhaps for the Beit HaMikdash. All human agendas must be shed in this environment, as we seek to encounter Hashem purely on His terms.

[17] See Tashbetz 1:17, Beit Yosef 201 (p. 100a in the new editions), and Teshuvot Radbaz 1:85.

[18] This issue is explained in some depth in my Gray Matter 2 (286-288, available online at http://www.rabbis.org/pdfs/gray_matter_2.pdf).

[19] Described in Gray Matter 2 (296-298).

[20] Author of Teshuvot Chelkat Ya’akov, a premier mid-twentieth century work of Halachic rulings.

[21] With the very significant exception of Lubavitch Mikva’ot, which are made using the Bor Al Gabei Bor style of construction, described in Gray Matter 2 (294-296).

[22] This approach is adopted in Modern Orthodox as well as Chareidi communities. For example, the Mikveh in Teaneck, New Jersey, included a split level Bor HaShakah. The schematic illustration of a typical modern day Mikveh that appears in the Mikveh entry of Wikipedia depicts a split level Bor HaShakah.

[23] This might be the deeper intent of the Satmar Rebbe when he asserted the Mikveh is supposed to purify us, rather than us needing to “purify” it by defending its validity.

[24] It is for this reason, Masechet Keilim teaches at extraordinary length, that Keilim, utensils, are capable of contracting impurity, whereas a raw, broken or unfinished product is incapable of impurity.

[25] The centrality of the experience of total immersion is expressed in the Halachic requirement of supervision of a required immersion, lest even a lock of hair remain outside the Mikveh.

[26] The Halachah’s mandated stance for Mikveh immersion strikingly resembles the fetal position in the womb.