Regarding Drinking Water from Rivers, Wells, and the Kinneret on Pesach • What is the view of Rebbe Nachman of Breslov and Rabbi Eliezer Berland shlit"a? • And what are the halachic sources?

The View of our holy Rebbe, Rebbe Nachman of Breslov

Sichos HaRan, teaching 235: “Also regarding the stringencies of Pesach, he did not agree at all with those who overdo the meticulousness too much… He said that he himself had once been very immersed in this matter, and excessive, excessive stringencies would enter his mind. Once he was thinking thoughts about the water for Pesach—he worried that perhaps there is some ‘something’ in the water that people draw. And even if he would prepare water for all the days of Pesach, as some people do, this too did not sit well with him, because it is difficult to guard water properly from before Pesach for all the days of Pesach. And no water pleased him except spring water that flows and emerges—going and coming—fresh water arriving at every moment… But now he laughs at this, because there is no need to search for excessive stringencies, even on Pesach…”

This discussion is relevant today regarding drinking water, some of which comes from the Kinneret—yet there are those who throw chametz into it for Pesach even during Pesach itself. And in other water sources there are also concerns.

The Words of Rabbi Eliezer Berland shlit"a

I once asked Rabbi Eliezer Berland shlit"a about this, and he answered me that it is permitted to drink. He explained the reason: 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” (the tiniest amount).

Rabbi Berland shlit"a brought proof for this from a responsum of the gaon Rabbi Shlomo Zalman Auerbach, who was asked about non-Jews pouring yayin nesech into the Kinneret. Yayin nesech forbids even in the smallest amount, yet he ruled leniently for this reason: it has no meaningful impact on the water and is not considered even a mashehu.

Halachic Sources

With Hashem’s help, we will try to learn this sugya from its sources, and the words of Rebbe Nachman zy"a, as well as the words of Rabbi Berland shlit"a, will become clear:

A. The Agur wrote in Hilchos Chametz U’Matzah, siman 507, in the name of Mahari Molen that it is proper for one who uses a well on Pesach—where people are not careful about chametz all year, and especially wells belonging to non-Jews, where there is concern that perhaps there is chametz in the pit—to filter the water through a clean cloth each time he draws water, end quote. He also instructed to install new spigots in all the barrels, end quote of the Agur. The Beis Yosef brought this at the end of siman 467, [and wrote about it: this matter of new spigots is an excessive stringency. The Darkei Moshe wrote that it also helps to scald the old ones].

From these words of the Agur it would seem, at first glance, that the water is permitted—because if there were truly an actual prohibition here, what would filtering help? The water itself would be forbidden. Indeed, the Pri Chadash there (se’if 12) brought the words of the Agur and wrote that filtering helps only when it is not definitely known that there is chametz there; but if it is known that there is chametz there, filtering does not help. (See also Otzar HaPesach p. 68, where the rabbis of the city of Karali permitted by filtering the water when chametz fell into the pit.)

And this is the wording of Shulchan Aruch HaRav (467:48): “One who wants to draw water on Pesach from wells of non-Jews, or from wells of Jews where they were not careful about chametz all year, it is good to filter the water through a clean cloth each time he draws, but according to the strict law we do not establish a prohibition based on doubt,” end quote. And the Mishnah Berurah (se’if katan 67) wrote: “One who wants to draw water on Pesach from wells of non-Jews, or from wells of Jews where they were not careful about chametz all year, it is proper to filter the water through a clean cloth each time he draws,” end quote. We see from this that according to all opinions this is not an obligation, but only something ‘proper’ to do—exactly as Mahari Molen himself phrased it.

And in the Shulchan Aruch there (se’if 13): “If they koshered a pot that had been used for chametz within the last day, and the chametz-water ran down into a pit during Pesach, it is forbidden to drink the water of the pit on Pesach because it became mixed in,” end quote. It is clear that only in a case where it certainly mixed in do the waters of the pit become forbidden; Maran did not mention forbidding ordinary well water. And the Mishnah Berurah wrote (se’if katan 62) that regarding a piece of bread or dough found inside the water, the later authorities wrote to forbid even when cold, because it is the nature of bread and dough to crumble and dissolve within the water (and some later authorities permitted even if the chametz was in the water on Pesach; these were brought in Kovetz Yeshurun 10 p. 597, os 9).

B. Another topic discussed by the poskim in this area concerns rivers near which there are flour mills or beer factories, and they throw their waste into the river—do the waters become forbidden because of this? In Minchas Moshe (Orach Chaim siman 15) he discusses under what conditions one can be lenient, and he wrote: “In any case, practically speaking, in a place where one can manage with well water, I would not permit drawing from this river on Pesach under any circumstances.” [From this too we see that ordinary wells do not require concern.]

And regarding the rivers themselves: in Kovetz Or Torah, a responsum of the gaon Rabbi Ovadia Yosef zt"l was brought (Nisan 5751, p. 446 and onward) where he discusses the waters of the Kinneret. He wrote to permit based on what was written in the sefer Yehoshua (siman 5) to permit in a river—even when they throw chametz into the water during Pesach itself—because the Sages only decreed that chametz forbids “with a mashehu” in a place where it could come to impart taste. This is not the case with large rivers, where even if they would put all the chametz they have there, it would not impart taste to the water (and in siman 9 he wrote that it appears the Chavas Daas agrees with this reasoning). Similar to this, the sefer Yad Yehudah (Hilchos Shechitah, daf 170) wrote to permit river water, since “kama kama azlei maya”—the water is constantly moving on—so it is impossible for it to come to impart taste.

Likewise, in Shut Sha’arei De’ah he wrote to permit, because the prohibition of a mashehu applies on condition that the “something” has at least some significance to impart taste in its place—which is not the case with a river where the water is constantly being replaced. And similarly several other poskim (brought in Kovetz Yeshurun 10 p. 595 in the responsum of Rabbi Nachum Yitzchak Alboim). Rabbi Ovadia Yosef added another reason for leniency: the fish immediately eat the bread, and it is not “soaked” for a full day.

In the above Kovetz Yeshurun, additional reasons for leniency were brought: (1) Some poskim hold that regarding chametz belonging to a non-Jew there is no prohibition of a mashehu. (2) The Sdei Chemed wrote, based on the Ritva, that regarding idolatry it is not forbidden with a mashehu except in detached water, not in water that is connected (to its source). (3) The Chelkas Yoav (Orach Chaim siman 18) wrote that in rivers the concept of a mashehu does not apply (according to those commentators who explain that mashehu was forbidden because it is a “davar sheyesh lo matirin,” though some say it was forbidden for other reasons). See further in Or Torah and Yeshurun for additional reasons written to permit this.

(These words are not intended as a halachic ruling.)