Validity of Mikvah Constructed with Simultaneous Hollowing and Fixing

From: Rabbi Moshe Sofer

To: Rabbi Tzvi Hirsch

Description

The Chasam Sofer rules that when the hollowing and fixing of a mikvah cistern occur simultaneously, the structure never attains the status of a detached vessel and the mikvah is unquestionably valid. He supports this ruling from the Rashba's teshuvah permitting rooftop mikvah construction and from an independent analysis of Vayikra 11:36 following the Ramban. He additionally cautions against a proposed partition arrangement requiring women to open and close a hashakah hole, citing personal experience with serious halachic failures in a similar setup.

Source: Shu"t Chasam Sofer YD §217

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