A Woman who Gave Birth: Difference between revisions
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* The Darkei Moshe 194:3 writes that the minhag is based on the opinion of Rabbenu Tam that whether or not she sees during the days of tumah they can't be counted for shiva nekiyim. Furthermore, as long as she hasn't gone to mikveh the days of yemey tohar also can't count for shiva nekiyim. According to Rabbenu Tam it is necessary to go to the mikveh twice, once to remove the tumah of birth and another to remove the tumah of zavah after shiva nekiyim. Since we don't go to mikveh twice for this purpose the minhag was to refrain from going to mikveh for 40 days for a boy and 80 days for a girl. In fact, according to this reason the minhag should be to go to the mikveh twice, but it is enough to be strict for the Rabbenu Tam in the main days of tumah and tahara. The Darkei Moshe concludes that it seems that according to this reason they should be strict to start the shiva nekiyim only after the 40 or 80 days. * Halacha: The Rama 194:1 writes that in a place where they have the minhag one shouldn't break the minhag, however, in places were they don't there's no reason to be strict. While the Bach 194:3 holds that it is forbidden to break this minhag in a place where they have it and someone who does will be punished, the Taz 194:3 argues that there's no good reason for the minhag, many people don't keep it, and there's no punishment for breaking the minhag. </ref> | * The Darkei Moshe 194:3 writes that the minhag is based on the opinion of Rabbenu Tam that whether or not she sees during the days of tumah they can't be counted for shiva nekiyim. Furthermore, as long as she hasn't gone to mikveh the days of yemey tohar also can't count for shiva nekiyim. According to Rabbenu Tam it is necessary to go to the mikveh twice, once to remove the tumah of birth and another to remove the tumah of zavah after shiva nekiyim. Since we don't go to mikveh twice for this purpose the minhag was to refrain from going to mikveh for 40 days for a boy and 80 days for a girl. In fact, according to this reason the minhag should be to go to the mikveh twice, but it is enough to be strict for the Rabbenu Tam in the main days of tumah and tahara. The Darkei Moshe concludes that it seems that according to this reason they should be strict to start the shiva nekiyim only after the 40 or 80 days. * Halacha: The Rama 194:1 writes that in a place where they have the minhag one shouldn't break the minhag, however, in places were they don't there's no reason to be strict. While the Bach 194:3 holds that it is forbidden to break this minhag in a place where they have it and someone who does will be punished, the Taz 194:3 argues that there's no good reason for the minhag, many people don't keep it, and there's no punishment for breaking the minhag. </ref> | ||
# If a woman had shiva nekiyim and went to mikveh and then saw blood within the days of purity (33 for a boy and 66 for a girl), the minhag of all of klal yisrael is that we treat her as tameh like a niddah for all purposes.<ref> The Ramban (Hilchot Niddah 7:16-18) holds that this practice is based on the stringency of Rabbi Zeira that we treat all blood like tameh zavah blood. However, the Rosh (Niddah 4:2), Rambam (Isurei Biyah 11:5), Rif (cited by Hagahot Maimoniyot 11:1), and Shiltot (no. 85) and hold that the blood during yemey tohar is tahor from the gemara but it was a later geonic minhag to be strict in some places. In fact, the Rambam (Isurei Biyah 11:5-6) and Tur 194 write that in France and Germany the minhag was to be lenient. However, already from the times of the Agur (no. 1372 cited by Bet Yosef) he writes that he never heard of anyone being lenient about this. The Bet Yosef and Rama 194:1 write that the minhag of all klal yisrael today is to treat blood during the days of yemey tohar like tameh blood.</ref> | # If a woman had shiva nekiyim and went to mikveh and then saw blood within the days of purity (33 for a boy and 66 for a girl), the minhag of all of klal yisrael is that we treat her as tameh like a niddah for all purposes.<ref> The Ramban (Hilchot Niddah 7:16-18) holds that this practice is based on the stringency of Rabbi Zeira that we treat all blood like tameh zavah blood. However, the Rosh (Niddah 4:2), Rambam (Isurei Biyah 11:5), Rif (cited by Hagahot Maimoniyot 11:1), and Shiltot (no. 85) and hold that the blood during yemey tohar is tahor from the gemara but it was a later geonic minhag to be strict in some places. In fact, the Rambam (Isurei Biyah 11:5-6) and Tur 194 write that in France and Germany the minhag was to be lenient. However, already from the times of the Agur (no. 1372 cited by Bet Yosef) he writes that he never heard of anyone being lenient about this. The Bet Yosef and Rama 194:1 write that the minhag of all klal yisrael today is to treat blood during the days of yemey tohar like tameh blood.</ref> | ||
# The couple is permitted to one another the night of the 41st day for a baby boy and the 81st for a baby girl.<ref>The Gemara Pesachim 113b writes that a woman is forbidden to her husband the night of the 41st for a baby boy and 81st for a girl after having a baby. The Rashbam explains that since the Torah permits a couple to one another even if there is blood during the days of yemey tohar they forget when that period ends and be lenient about niddah blood even afterwards. Therefore, the rabbis said that they should refrain from one another the night of the end of that period so that they remember that there's a difference before and after. The Rosh 3:5 writes that this restriction only applies to those who are lenient about blood during yemey tohar. The Raavad ( | # The couple is permitted to one another the night of the 41st day for a baby boy and the 81st for a baby girl.<ref>The Gemara Pesachim 113b writes that a woman is forbidden to her husband the night of the 41st for a baby boy and 81st for a girl after having a baby. The Rashbam explains that since the Torah permits a couple to one another even if there is blood during the days of yemey tohar they forget when that period ends and be lenient about niddah blood even afterwards. Therefore, the rabbis said that they should refrain from one another the night of the end of that period so that they remember that there's a difference before and after. The Rosh 3:5 writes that this restriction only applies to those who are lenient about blood during yemey tohar. The Raavad [http://www.hebrewbooks.org/pdfpager.aspx?req=8785&st=&pgnum=61 (End of Shaar Tikkun Vestot p. 63)] agrees and rejects the opinion of the Bahag that this night is automatically forbidden like a veset. Taz 194:2 writes that since we are all strict about blood during yemey tohar today this halacha doesn't apply to us anymore and so Shulchan Aruch left it out.</ref> | ||
==Onset of Niddah before Birth== | ==Onset of Niddah before Birth== | ||
Revision as of 16:18, 9 April 2017
The Torah says that after giving birth to a baby boy the mother is tameh for seven days automatically. For a girl she is tameh for fourteen days. On a torah level after seven or fourteen days she can go to mikveh and begin a new period of time called ‘yemey tohar’. For the next thirty three days for a baby boy or sixty six days for a baby girl, any blood that a woman sees then is tahor.[1] However, when a woman gives birth if she sees blood she is tameh as a zavah, as a result of Rabbi Zeira’s stringency.[2] Once she is a zavah she remains tameh until she can get seven clean days.[3] Furthermore, even if no blood came out when she gave birth she is rendered a zavah based on the principle that there must have been some blood if the uterus opened to give birth. Therefore, today all women who give birth are a niddah until they can have shiva nekiyim and go to the mikveh. These shiva nekiyim have to be free of any blood, whether they are in the first seven or fourteen days or afterwards.[4]
Shiva Nekiyim after Giving Birth
- Practically, every woman who gives birth is tameh until she has the regular process of waiting before the shiva nekiyim, the hefsek tahara, shiva nekiyim and mikveh.[5]
- There is a practice that a woman wouldn’t go to the mikveh until she has seven clean days and also waited 40 days after having a boy or 80 days after having a girl. Today this minhag isn’t widespread.[6]
- If a woman had shiva nekiyim and went to mikveh and then saw blood within the days of purity (33 for a boy and 66 for a girl), the minhag of all of klal yisrael is that we treat her as tameh like a niddah for all purposes.[7]
- The couple is permitted to one another the night of the 41st day for a baby boy and the 81st for a baby girl.[8]
Onset of Niddah before Birth
- Even if the doctor checks and sees that the cervix is 2 centimeters or more open in the 8th or 9th month the woman is still tahor if there wasn't any birth pangs yet.[9]
Sources
- ↑ Vayikra 12:2-5. Based on the Mishna Niddah 30a, Bet Yosef 194:1 writes that it is obvious that even according to the opinion that it is possible for the uterus to open without blood agrees that a woman who gives birth is tameh.
- ↑ Rosh Niddah 4:2 writes that today all women who give birth are a zavah. The Tur 194:1 explains that since we hold that if the uterus opens it is impossible for blood not to come out and Rabbi Zeira's (Niddah 66a) stringency was to be strict about any blood that a woman sees to treat her like a zavah.
- ↑ Niddah 66a
- ↑ Tur 194:1, Shulchan Aruch YD 188:3
- ↑ Rambam (Isurei Biyah 11:5), Rosh Niddah 4:2, Tur 194:1, Shulchan Aruch 194:1.
- Rava (Niddah 37a) holds that a woman who doesn't see blood during the first seven or fourteen days can count those for the shiva nekiyim. Abaye argues that the seven or fourteen days of tumah automatically don't count for the shiva nekiyim. Rabbenu Tam (cited by Tosfot s.v. Abaye) rules like Abaye. The Rosh (Niddah 4:1) writes that the Bahag, Rav Sadya Goan, Shiltot, Rabbenu Chananel, Rif, and Rashi side with Rava. He agrees with these geonim unlike the opinion of Rabbenu Tam. Shulchan Aruch 194:1 codifies the opinion of the Rosh.
- ↑ The Rambam (Isurei Biyah 11:15) writes that the Kaarites had a practice to abstain from their wife the entire period of yemey tahara but it is incorrect. The Maharik 144 writes that those who have the practice and claim that it is based on a legitimate source they may keep their practice, otherwise it should be abolished. The Rivash 40 writes that if the minhag was really based on a rabbi who was strict so that the people don't come to be lenient about niddah it is legitimate, however, if it is based on a mistake that they think it is forbidden then we should abolish the minhag. The Bet Yosef 194:1 comments that the Rambam could agree with this but he assumed that it was more likely based on a mistake than a major stringency. Several explanations have been proposed for the minhag including the following:
- The Maharik suggested that the minhag is based on a stringency not to come to be lenient about hilchot Niddah. The Darkei Moshe cites the Maharil as agreeing with this reason. Levush 194:1 adds that since it is very common for a woman who gave birth to see blood during these days, there is a concern she'll see blood but not realize. He admits that this reason is weak since blood that they see during yemey tohar is really tahor.
- The Agudah (Pesachim 113b) writes that the minhag is based on the opinion of the Bahag so as not to forget that the night of the 41st and 81st day the couple is forbidden to each other, therefore, they didn't go to mikveh beforehand. The Bach 194:3 accepts this approach.
- The Darkei Moshe 194:3 writes that the minhag is based on the opinion of Rabbenu Tam that whether or not she sees during the days of tumah they can't be counted for shiva nekiyim. Furthermore, as long as she hasn't gone to mikveh the days of yemey tohar also can't count for shiva nekiyim. According to Rabbenu Tam it is necessary to go to the mikveh twice, once to remove the tumah of birth and another to remove the tumah of zavah after shiva nekiyim. Since we don't go to mikveh twice for this purpose the minhag was to refrain from going to mikveh for 40 days for a boy and 80 days for a girl. In fact, according to this reason the minhag should be to go to the mikveh twice, but it is enough to be strict for the Rabbenu Tam in the main days of tumah and tahara. The Darkei Moshe concludes that it seems that according to this reason they should be strict to start the shiva nekiyim only after the 40 or 80 days. * Halacha: The Rama 194:1 writes that in a place where they have the minhag one shouldn't break the minhag, however, in places were they don't there's no reason to be strict. While the Bach 194:3 holds that it is forbidden to break this minhag in a place where they have it and someone who does will be punished, the Taz 194:3 argues that there's no good reason for the minhag, many people don't keep it, and there's no punishment for breaking the minhag.
- ↑ The Ramban (Hilchot Niddah 7:16-18) holds that this practice is based on the stringency of Rabbi Zeira that we treat all blood like tameh zavah blood. However, the Rosh (Niddah 4:2), Rambam (Isurei Biyah 11:5), Rif (cited by Hagahot Maimoniyot 11:1), and Shiltot (no. 85) and hold that the blood during yemey tohar is tahor from the gemara but it was a later geonic minhag to be strict in some places. In fact, the Rambam (Isurei Biyah 11:5-6) and Tur 194 write that in France and Germany the minhag was to be lenient. However, already from the times of the Agur (no. 1372 cited by Bet Yosef) he writes that he never heard of anyone being lenient about this. The Bet Yosef and Rama 194:1 write that the minhag of all klal yisrael today is to treat blood during the days of yemey tohar like tameh blood.
- ↑ The Gemara Pesachim 113b writes that a woman is forbidden to her husband the night of the 41st for a baby boy and 81st for a girl after having a baby. The Rashbam explains that since the Torah permits a couple to one another even if there is blood during the days of yemey tohar they forget when that period ends and be lenient about niddah blood even afterwards. Therefore, the rabbis said that they should refrain from one another the night of the end of that period so that they remember that there's a difference before and after. The Rosh 3:5 writes that this restriction only applies to those who are lenient about blood during yemey tohar. The Raavad (End of Shaar Tikkun Vestot p. 63) agrees and rejects the opinion of the Bahag that this night is automatically forbidden like a veset. Taz 194:2 writes that since we are all strict about blood during yemey tohar today this halacha doesn't apply to us anymore and so Shulchan Aruch left it out.
- ↑ Shevet Halevi 4:106 writes based on the Nodeh Beyehuda since nothing came out when the cervix opened the woman remains tahor.
