Regarding the Matter of River and Well Water and the Water of the Kinneret on

Is it permissible to drink tap water on Pesach (Passover)? • What is the opinion of our teacher, Rabbi Eliezer Berland shlit"a, on the matter? • The words of the Poskim (halakhic authorities) regarding this

Sichot HaRan (Conversations of Rebbe Nachman) 235: "And also regarding the matter of stringencies on Pesach, he [Rebbe Nachman] did not agree at all with those who are overly meticulous... and he said that he himself had also once been very deeply immersed in this matter, to the point that very, very extreme stringencies would occur to him. Once, he was contemplating the matter of water for Pesach, fearing that perhaps there was some mashehu (minute amount) of chametz (leavened products) in the water being drawn. If he were to prepare water for all the days of Pesach before the holiday, as some are accustomed to doing, this also did not find favor in his eyes, because it is difficult to properly guard the water from the eve of Pesach for all the days of Pesach. No water found favor in his eyes except for flowing spring water that emerges and goes, with new water coming at all times... but now he mocks this, for one does not need to search for extra stringencies even on Pesach..."

A. This discussion is relevant today regarding drinking water, part of which comes from the Kinneret (Sea of Galilee), as there are those who throw chametz into it even during the days of Pesach itself. Similarly, there are concerns regarding other water sources. I once asked our teacher, the Rav shlit"a, about this, and he replied to me that it is permitted to drink it. He explained the reason being that chametz has no effect on the water, and it is also immediately consumed by the fish and is not considered significant at all, not even as a 'mashehu' (minute amount).

Our teacher, the Rav shlit"a, brought proof for this from a Responsum of the Gaon Rabbi Shlomo Zalman Auerbach zt"l (of blessed memory), who was asked about the fact that there are non-Jews who pour yayin nesech (libation wine) into the Kinneret. Since yayin nesech is forbidden even in a mashehu (minute amount), he replied to permit it for this reason—that it has no significance in the water and is not considered even a mashehu. With Divine assistance, we will attempt to study this topic from its sources, and the words of Rebbe Nachman zy"a (may his merit protect us), as well as the words of our teacher, the Rav shlit"a, will be clarified.

B. The Agur wrote in the Laws of Chametz and Matzah, Siman 707: Mahari Mullin wrote that it is proper for one who uses a well on Pesach, which was not guarded from chametz all year round—and especially the wells of non-Jews where there is a concern that there might be chametz in the pit—to filter the water with a clean cloth every time he draws it. Furthermore, he commanded to install new faucets on all the barrels. Thus far the words of the Agur. The Beit Yosef brought this at the end of Siman 467 [and wrote regarding this: "And this matter of new faucets is an excessive stringency." And the Darkhei Moshe wrote that it also suffices to wash the old ones].

From these words of the Agur, it would seemingly appear that the water should be permitted, for if there were an actual prohibition here, how would filtering the water help? The water itself would be forbidden. Indeed, the Pri Chadash there in Paragraph 12 brought the words of the Agur and wrote that filtering is only effective if it is not known for certain that there is chametz there, but if it is known that there is chametz there, filtering does not help. (See Otzar HaPesach, p. 68, where the Rabbis of the city of Karaly permitted it through filtering the water when chametz fell into a pit).

And these are the words of the Shulchan Aruch HaRav (467:48): "One who wishes to draw water on Pesach from wells of non-Jews or from wells of Jews who were not careful regarding chametz all year round, it is good that he filter the water with a clean cloth every time he draws it, but according to the letter of the law, we do not establish a prohibition based on doubt." And in the Mishnah Berurah, in subparagraph 67, he wrote: "One who wishes to draw water on Pesach from wells of non-Jews or from wells of Jews who were not careful regarding chametz all year round, it is proper (nachon) that he filter the water with a clean cloth every time he draws it." We see from this that according to everyone, this is not an obligation but only "proper" to act so, as per the language of Mahari Mullin himself.

And in the Shulchan Aruch there in Paragraph 13: "If they kashered (purified) a pot that was used for chametz within the last twenty-four hours, and the chametz-tainted water went down into a well during Pesach, it is forbidden to drink its water on Pesach because they became mixed." It is explained that only in a situation where it is certain that they were mixed is the well water forbidden, but Maran [the author of the Shulchan Aruch] did not mention forbidding ordinary well water. And in the Mishnah Berurah, he wrote in subparagraph 62 that if a slice of bread or dough is found inside the water, the Acharonim (later authorities) wrote to forbid it even in cold water, because it is the nature of a slice of bread or dough to crumble and become dissolved in the water (and there are Acharonim who permitted it even if the chametz was in the water on Pesach, as brought in the Yeshurun collection, Vol. 10, p. 597, letter 9).

C. Another topic discussed by the Poskim (halakhic authorities) in this matter was regarding rivers that have flour mills or beer factories nearby that throw their waste into the river—whether the water becomes forbidden because of this. In Minchat Moshe (Orach Chaim, Siman 15), he discusses in what manner to permit this, and wrote: "Nevertheless, in practice, in a place where they can suffice with well water, I would not permit drawing from this river on Pesach in any way." [And from this too, we see that regarding ordinary wells, there is no need to be concerned].

And regarding the rivers themselves, in the Or Torah collection, the Responsum of Rabbi Ovadia Yosef zt"l was brought (Nissan 5751, p. 446 onwards) where he discusses the water of the Kinneret. He wrote to permit it based on what was written in "Sefer Yehoshua" (in Siman 5) to permit it in a river, even when they cast the chametz into the water during Pesach itself, for the reason that the Sages did not decree to forbid a mashehu (minute amount) except in a place where it can come to provide a taste (noten ta'am). This is not the case in large rivers, where even if they were to put all the chametz they have there, it would not provide a taste in the water (and in Siman 9 he wrote that it appears the Chavat Da'at agrees with this reason). Similarly, it was written in the book Yad Yehuda (Laws of Shechita, p. 150) to permit it in river water because as the water flows, it is impossible for it to come to provide a taste.

Likewise, in the Responsa Sha'arei De'ah, he wrote to permit it because the prohibition of a mashehu (minute amount) is on condition that the mashehu has some significance to provide a taste in its place, which is not the case in a river where the water is constantly being replaced. Several other Poskim wrote similarly (brought in the Yeshurun collection, Vol. 10, p. 595, in the Responsum of Rabbi Noach Isaac Oelbaum). Rabbi Ovadia Yosef added a reason for permission because the fish immediately eat the bread, and it is not "pickled" (kavush) for a twenty-four-hour period.

And in the aforementioned Yeshurun collection, he brought more reasons for permission: 1. Because there are Poskim who hold that regarding the chametz of a non-Jew, there is no prohibition of a mashehu. 2. The Sdei Chemed wrote based on the words of the Ritva, who wrote regarding Avodah Zarah (idolatry) that it is only forbidden in a mashehu in "detached" water (taluish) and not in "connected" water (mechubar - ground water). 3. The Chelkat Yoav (Orach Chaim, Siman 18) wrote that in rivers, the reason for mashehu does not apply (according to the commentators who forbade mashehu because it is a "davar sheyesh lo matirin" - something that will eventually become permitted, though some say they forbade mashehu for other reasons). See further in Or Torah and Yeshurun for other reasons written to permit this.

(These matters are not intended for practical halakhic ruling)