Tues Gitten 16

We say that a stream of water heading down hill doesn't combine the two pools (the one on top and the one on the bottom) not for Tumah (that if a Tumah touches one pool, the other one doesn't become Tamai), and not for Taharah (that they don't combine to forty Saah to become a Mikvah.

Tosfos asks: why don't we say, because of Gud Aches) that we view the top one lowering into the bottom one to make 40 Saah ?

Tosfos answers: we only say that when one of the pools are anyhow 40, and we need to combine the pool that's not forty to it. In that case, we say the non-forty pool is apart of the forty Saah pool to be a Mikvah. However, if neither pool is forty, so we don't say Gud Aches to combine them together that they'll be a Mikvah.

Alternatively, what the Gemara says that they don't combine for Tahara, doesn't refer to a Mikvah. rather, regarding Hashaka. (Where you take Tamai waster and open it to a Mikvah. It momentarily becomes part of the Mikvah and becomes tahor. Then you can seal the opening between them and you're left with tahor water.


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