ID: CSPT-31-07-23-01
31st July 2023
HISTORICAL AND RABBINICAL ANALYSIS OF POSSIBLE MIKVEH FOUNDED IN THE STREET VIZCONDE DA LUZ Nº21 IN COIMBRA, PORTUGAL
Upon getting knowledge about the discovery that the Municipal Chamber of Coimbra carried out on November 2013 related to a possible medieval Mikveh that is located at Rua Vizconde da Luz Nº 21, the Jewish Community of Coimbra CJC, in conjunction with the Jewish Community Network CASEI, organized a delegation to visit the place and carried out a rabbinic and historical analysis on the possible mikveh in accordance with the laws and the history of the Jewish people. And based on the evidence founded, decide if could be certified that the enclosure discovered in Coimbra meets the halakhic requirements and other circumstances to be considered as a Mikveh of the Medieval age.
To reach this objective, two visits were organized. The first visit was conducted by Mr. David O. Abraham, president of the CASEI Jewish Community Network, as official investigator on behalf of the Jewish Community of Coimbra. Said visit was conducted on December 18th 2022 in order to make a pre-assessment of the site and analyze if the place meets the conditions required to be able to organize a second and more relevant visit.
After seeing that the site have the necessary indications to consider it as a potential medieval mikveh, a second visit went organized, on this occasion, the visit was attended by Mr. David O. Abraham and by Rabbi Yakov David Cohen, Rabbinical Judge graduated in the Yeshiva (rabbinical academy) Tomchei Temimim of Chabad Lubavitch, that visit took place on June 5th 2023.
After the second visit, to conduct a more exhaustive analysis, Mr. David Abraham asked Dr. Elisabete Carvalho, head of the Department of Museology of the Municipal Chamber of Coimbra, to provide them with a copy of the technical study they had conducted to date on the site. As requested, Dr. Carvalho was kind enough to provide us, on June 6th, 2023, with a copy of the document entitled “Technical-scientific Report on Geology and Geo archaeology” (Cunha, 2022) which was written on November 22, 2022, by Dr. Pedro Proença Cunha from the Faculty of Science and Technology of the University of Coimbra.
After having studied the information obtained, a new requirement was presented to Dr. Carvalho in relation to some questions we had about functions and measurements that some areas of the possible mikveh have. These questions were answered by Dr. Carvalho and Dr. Cecília Mendes, senior technician in the Museology Division of the Chamber of Coimbra, within a series of videos and emails that were received on July 20th 2023.
So, after having conducted the on-site inspections and having analyzed in detail the information provided in the study, we wish to state the following conclusions:
COLLECTED INFORMATION
Before analyzing the information received through the document titled “Technical-scientific Report on Geology and Geo-archaeology” (see Annex No. 1), after having analyzed the site in person and, before analyzing the information received in the attached document of the email from July 20, 2023 (see annex No. 2), we would like to highlight the following data that, that for our objective, is mandatory to take into account before to get a final conclusion:
DEFINITION OF “MIKVEH” ACCORDING TO JUDAISM
In a current way it is understood that a mikveh is a space where the members of the communities perform purification baths (either of people and/or kitchen utensils) that are prescribed by the laws of Judaism. In a certain way it is a water container where a person or certain objects must be completely submerged.
Now, the explanation and definition of a mikveh is more complex than what we have stated in the previous paragraph, since in chalachic1terms there are two types of bodies of water that allow compliance with the laws regarding ritual baths; the bor (cisterns) and the ma’ayan (natural springs), this differentiation is very important since both have their own laws that define the characteristics that each one must have in order for the respective Halakhic condition to be identified.
To begin with, the origin of the religious precept of the mikveh comes from The Torah, in the section of Vaikra (Levítico – Antigo Testamento)11:36, in which it says the following: “A ma’ayan (natural spring) or bor (cistern), an accumulation of water will be pure”.
As can be seen, the Torah mentions two different masses or types of water, the ma’ayan and the bor, also indicating that neither of them can become Tamei (ritually impure). The Sifra2, (Arikh, 175–247 a.c.a) in a commentary referring to this verse, understands that they cannot become Tamei (impure) because they themselves are sources of purity. Therefore, in addition to their own inability to become Tamei, immersion in them purifies people and utensils that can come out of their Tamei state.
1 Halacha is the Hebrew name for the laws that govern the Jewish people.
2Sifra is the Midrash halakhic (Midrash halakha: was the ancient Judaic rabbinic method of Torah study that expounded upon the traditionally received 613 Mitzvot (commandments)) to the Book of Leviticus. It is frequently quoted in the Talmud (Talmud: is the central text of Rabbinic Judaism and the primary source of Jewish religious law (halakha) and Jewish theology.), and the study of it followed that of the Mishnah (The Mishnah or the Mishna is the first major written collection of the Jewish oral traditions that are known as the Oral Torah).
The Sifra further interprets the phrase “grouping/gathering of waters” (mikveh mayim) as an allusion to a more general category derived from the characteristics of the cistern. A cistern joins waters that would have no connection to each other if they did not flow into it. Thus, their presence in the very “gathering of water” defines the contents of the cistern as a unit.
On the other hand, the waters of a ma’ayan are a single body by virtue of the link with their source, so, they can purify others even without meeting in one place. For this reason, the term mikvah (“gathering”) is often used instead of “bor, mikveh mayim” when describing cisterns and other pools of water that lack a natural source from underground.
DIFFERENCES BETWEEN A MIKVAH AND A MA’AYAN see appendix
MEDIEVAL MIKVE FROM STRASBURG
The Strasbourg mikveh (Daltroff, 2008) is in the basement of a modern building at 20 rue des Charpentiers, in the historic center of Strasbourg, halfway between the Cathedral of Our Lady of Strasbourg and the Bishop’s Palace of Strasbourg.
It is a mikveh that mainly functioned based on the concept of the ma’ayanot mikvehs, although some theories consider that the mikveh could also had, at some point in its operation, a bor-type rainwater supply system, but until now not there is a lot of evidence that supports this idea as we will see below.
The ritual bath is in the form of a square room of gray sandstone, about 3 meters on each side, surmounted by a barrel vault of red brick.
Strangely, it has a small pool in the center of the room, which is believed to have contained purification water (with a capacity of 0.5 m3) coming directly from the water table. Some believe that perhaps this system was created to make easier the viability of the mikveh in case of droughts, so that the minimum amount of water necessary for the mikveh could be completed with rainwater or water manipulated with human mechanisms (the addition of rainwater was ritually possible, but it is not attested in the case of the present mikveh) . It is important to clarify that the water table is no longer visible today because its current level. In the neighborhood of the Cathedral, you can find it at a depth of about 8 meters below street level.
In the center of the barrel vault there is a circular area of 0.90 m in diameter. This was perhaps used to bring rainwater. The remains of a gray and pink sandstone staircase are clearly visible. This stairway led from the entrance to the bath, on the ground level of the cellar, down to the water table. At the level of the last step of the stairs, the bathroom itself opens. Is possible that part of the steps of the staircase were reused in the later construction of the well that replaced the ritual bath, after the departure of the Jews.
At the bottom of the basin, a wooden arrangement was discovered, delimiting a space of 1.70 m by 1.50 m. This development, whose interlocking at the corners is characteristic of the 11th or 12th century, was probably a support formwork associated with the construction of the ritual bath.
The mouth of the filled shaft, found during the excavations, was displaced from the zenith hole of the cellar vault, which raises unresolved questions. The cleaning work of the ritual bath left at the bottom of this well, a square pond made up of four large slabs approximately 1 m wide, 1.3 m high and 12 cm thick. The room that communicates with the square room could have been used as a dressing room.
Now, since we already have a basis to understand and analyze the discovery made in Coimbra, we will proceed to analyze the room found from a Halakhic and historical point of view to see if we can identify it as a mikveh of the time.
OBSERVATIONS REGARDING THE POSSIBLE MIKVE FOUNDED IN COIMBRA ARCHITECTURAL DESCRIPTION
- The mikveh room is inside a cave, which through a channel that was built at the time, channels spring water to a type of pool.
- This small pool inside is built in one piece (especially valuable information in case you wanted to use this pool to contain rainwater due to the problem of leaks) it measures 133 cm long, 72.5 cm wide and 55/75 cm high depending on where it is measured. These measurements would give it the capacity to store 0.53 m3of water, which is the minimum amount necessary to create a bor-type Mikveh.
- On the other hand, at the back of the mikveh there is a ceramic channel (see image 1) approximately 60 cm long that channels the water to the small pool. However, it is important to note that at the end of said channel a copper tube was placed as we can see in image 2:
While it is true that the fact that he used a copper tube right at the end of the channel would automatically invalidate the mikveh as such due to the concept of mekabel tumah17, we consider that this tube could have been added long after the construction of the mikveh itself 18 and because the corrosion of copper. (Corrosion Testing Laboratories, 2010) We make this comment taking into consideration the painting that
17 Mekabel Tumah: In English “carriers of impurity” is a list of materials that according to Jewish law are not suitable for channeling water (metal being one of them), especially if there is no hashamcha channel of at least 30 cm in diameter length between the metal and the destination cistern.
18 18. It is important to note that usually copper tubes have an average duration of 100 years and observing the conditions in which the tube is seen being constantly subjected to a current of water, would let us understand that it must have been placed in a period very close to the last 60 – 80 years. This is also very probable especially because of the presence of water- (copper oxidizes more rapidly due to the formation of sulfuric acid and nitrates on the surface of the copper metal and this situation is aggravated if the water in question has considerable amounts of nitrates and other minerals). Also, sulfuric acid and nitrates increase the rate of oxidation and can cause copper to corrode more quickly reducing its life span.
Was made on the wall resembling a mirror with a design typical of the 17th- 20th century. We base this idea on the fact that, if you look with more attention to the wall, this tube gives the impression of having been added after the construction of the wall and not being part of the original structure of the mikveh, but this fact will have to be verified by the team that is carrying out the respective investigation. - Outside the mikveh, the left wall is 32 cm high, but if we assess the space between the small pool and the rest of the room, we can see that the space located to the left of the mikveh has a gap between 1.43 cm and 1.72 cm. In addition, there is a small window in height that, between the inner edge and the floor, has approximately 82 cm in height, while in width (between the left wall of the room and the left wall of the mikveh) there is a distance 1.24 cm wide. On the other hand, between the wall of the window and the tier No1, there is 1 mt. long, with respect to tier Nº 2 it is 1.42 mt long and in relation to tier Nº 3 it is 1.61 mt long. With these measurements, therefore, we can conclude that the external space has the capacity to store approximately at least 2 m3in addition, the external area does not have any drainage system, a typical characteristic of medieval bor-type mikves.
- Finally, it is important to mention that the potential mikveh also has a channel carved into the stone itself on the ceiling that is above the stairs (see image 3)
In this document we will not proceed to make an in-depth analysis of this finding, but I would like to expose this thesis so that in the future it can be investigated whether said channel could have been a connection channel for a rainwater cistern that was above the current structure which could have disappeared over time since that channel is currently closed on the other side. - The potential mikveh also has an upper room which could have served as a wardrobe, as we can see in image 4
FINAL HYPOTHESIS ACCORDING TO HALACHIC CRITERIA AND HISTORICAL REFERENCES
We believe that the site founded in Coimbra, Portugal, does correspond to a medieval mikveh for the following reasons: - The site is located right in the old Jewish quarter of Portugal, so it could not have been used as a public bathroom by Christians or Muslims. We say this by referring to the law of the “Siete Partidas19” of the King Alfonso X of Castile (1221-1284). Although it is true that he didn’t govern Portugal or Coimbra,
19 The “Siete Partidas”, or simply “Partidas”, are a normative body drawn up in Castile during the kingdom of Alfonso X (1221- 1284) with the aim of achieving a certain legal uniformity in the kingdom. Its original name was “Book of the Laws”, and around the 14th century received its current name, by the sections in which it was divided. This work is considered one of the most important legacies of Castilla to the history of Law, being the legal body of broader and longer validity in Spain and Latin America (until the 19th century). It has even been described as an “encyclopedia humanist”, since it deals with philosophical, moral and theological themes (of a Greco-Roman slope), although the text itself confirms the legislative nature of the work, it is important to state that in the prologue he affirms that said treaty was dictated in view of the confusion and normative abundance so that only by means of this treaty can people be judged.
The law code of the “Siete Partidas” had an important influence within the kingdom of Portugal20 and serves to identify the beliefs and traditions of the time.
This note becomes important, especially if we remember the restrictions that the law applied regarding the use of public baths by Jews, as we can read in the following fragment:
“Et aún mandamos que ningunt judío non sea osado de bañarse en baño en uno con los cristianos” (and we also command that no Jew dare bathe together with Christians)21. - In halachic terms, considering that the enclosure only has a single tank, it could be considered a Ma’ayan-type mikveh for the following reasons:
I. The mikveh, (except for the section indicated by the copper tube which we assume is an addition after the time it was in operation) has a direct and continuous connection to the spring water.
II. It is possible that the actual mikveh was the entire lower room, and that the mikveh window was used as a drain for it (with the intention to change the water), but, in order to prevent situations where the mikveh was inoperative due to the great droughts that constantly plagued Portugal22, it was decided to build a small pool in order to make better use of the water.
III. The previous point would also open the possibility that the mikveh was converted from a ma’ayan type to a bor type mikveh, but we do not see that it is necessary to apply this change, since, as we have explained previously, the ma’ayan type mikvehs do not require a minimum amount of water, therefore, if we consider the average height of the population in the 12th-17th century23 and based on the criteria of the Rambam cited above, the small pool could operate
20 The great code of the “Siete Partidas” by Alfonso X, despite being a legal work of Castilian origin, left Portugal with a unique and indelible trace of its use within the society of the time. There is written evidence that supports the use of the Siete Partidas by the highest representative of political power. D. Dinis used “Partidas” laws in at least four legislative decisions: law of March 4, 1295, law of May 4, 1305, agreement of August 9, 1309, and a law without date. His successor son, D. Alfonso IV, used the “Partidas” to draft the law of April 29, 1325.
21 The “Siete Partidas”: Partida VII, title. XXIV, law VIII.
22 22. We have found records from the time where important droughts are mentioned at a European level, for example the known famine stones that record terrible droughts in the Elbe River of the Czech Republic since the year 1417. In the case of Portugal, we have found records of severe droughts in the years 1354-55, 1385-98, 1504-06, 1733-38 and 1753, therefore, it would be more than obvious that the administrator of the Mikveh tried to place a cistern that would allow him to guarantee the functionality of the mikveh.
23 According to historical records, in the Iberian Peninsula, during the Middle Ages, men had an average height of 1.60 cm., while women used to measure 1.55 cm. That being the case, an average person with those measurements could dive into the small pool without difficulty.
Without any problem as a ma’ayan mikveh as long as there is no metal object channeling the water to the cistern. Otherwise, it would be interesting to look for ways that let us find out if the small pool was added many years after the hall was created, so being so would further confirm the condition of mikveh that the room in question would have. - There are mikvehs of the time that have a structure similar to the Coimbra mikveh, especially we propose as a reference the mikveh located in Strasbourg, which precisely despite being a Ma’ayan mikveh has a pool of similar size in the center of the room with the apparent aim of preserving pure rainwater (but this is not confirmed).
- It would also be interesting to be able to assess the use that the channel had on the roof, since, as we mentioned before, it could have been used as a connection route to a cistern or a rainwater collector created to reserve rainwater, however, this is just an idea that we want to contribute for the future research, and as long as said the actual research does not confirm this theory, we will leave this idea out of the argumentative analysis.
CONCLUSION
After having carried out an in-depth analysis of the information provided and after having thoroughly analyzed the Jewish and historical texts that are technically related to this subject, we have come to the conclusion that the enclosure found on Rua Vizconde Da Luz street No. 21 in Coimbra, Portugal, is at least a Ma’ayan-type mikveh that meets the characteristics of the 12th and 17th century mikvehs.
Writing and research done by: David Obando Abraham
Reviewed and endorsed by: Rav Yakov David Cohen
David Obando Abraham President
Rede Comunidades Judaicas CASEI
Rav Yakov David Cohen Chief Rabbi & Dayan
Jewish Community of Coimbra
