[Avodah] Toiveling in a Lake

[Professor L. Levine via Avodah]

>From today's OU Kosher Halacha Yomis


Q. A recent Halacha Yomis (linked below), cited Rav Belsky, zt"l's ruling that that one may immerse a utensil in a lake, provided it has not rained in the last few days. Can you please clarify what is the reasoning for this? (Subscribers question)


Halacha Yomis July 13,2016 - Tevilas Keilim<http://links.mkt3536.com/ctt?kn=5&ms=MTMyMTkxNDcS1&r=MjM3MTAxNzY3NzIS1&b=0&j=NzgzNzM3MjI4S0&mt=1&rt=0>


A. The general rule is that spring water is acceptable for tevilah even when flowing, while rainwater and melted snow is acceptable only when stationary. In situations where there is a mixture of rainwater and spring water, we follow the majority: if mostly rainwater, the water must be stagnant, but if mostly spring water, the stream is acceptable for tevilah even when flowing. Although many Rishonim write that one may assume that the majority of water in a river is spring water, the Rama (Yoreh De'ah 201:2) writes that it is proper to be strict and not toivel in a river during the rainy season.


Rav Belsky, zt"l was asked about toiveling utensils in a small man-made lake in the Catskill Mountains. This particular lake was fed directly by a river, and because the water also flowed out of the lake, it was not stationary. The concern was that the majority of water might be rainwater. Rav Belsky, zt"l responded that if a mikvah was not easily accessible, one may toivel utensils in this lake, provided it had not rained in the last few days. Since it had not recently rained (and there was also no concern for melting snow), one may assume that the majority of water was spring water. Furthermore, Rabbi Belsky advised that utensils should not be toiveled on the edge of the river or lake, but should be immersed at a deeper point. This is because Maharik 115 (quoted by Shach, Yoreh De'ah 201:11) says that even if the majority of water is spring water, one still may not toivel in any part of the river that was swollen outwards by the rainwater.


Large lakes (which are viewed as stationary bodies of water) and oceans are kosher for tevilah at all times, even if it had recently rained.


Please note, this ruling was intended only for utensils. One should not use rivers or lakes for other types of tevilah without first consulting with a Rabbi.


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