Ketamim

From Halachipedia

On a Torah level a woman is only tameh if she has a hargasha when she sees blood.[1] There is a major dispute as to what this includes and even further dispute nowadays when these signs aren't usually observed today.[2] Nonetheless, all poskim agree that today woman do become tameh on a Torah level even though she isn't sure that she had a hargasha at all.[3] Either way, the rabbis declared that any time a woman sees blood from her body she is tameh.[4] Additionally, if she sees the blood after it came out and is found as a stain it will also make her tameh.[5] In the halachot of niddah a stain is called a ketem and the plural is ketamim.

What is a Hargasha?

  1. The most accepted definition of a hargasha is that if a woman feels that her mekor (usually defined as the uterus) opened that is a hargasha and when blood comes out that will make her tameh.[6]
  2. Alternatively, another definition of hargasha given by the poskim is feeling something liquid moving and exiting the body.[7]
    1. Many contemporary poskim hold that this hargasha is only if she feels an internal flow through the uterine opening and not a vaginal flow.[8] Others say that even if a woman feels a vaginal flow (from the vagina outside) that is also a hargasha. However, feeling an external dampness is certainly not a hargasha.[9]
  3. Lastly, some poskim hold that if the woman feels her body trembling that is considered a hargasha.[10]
  4. There are also a few occurrences which chazal state could be confused with a hargasha. Therefore, if blood is found at one of these times according to many poskim there is a concern that there was a hargasha even if she didn't feel one. These examples include: going to the bathroom, doing an internal bedika, and having tashmish.[11]

If there is a Hargasha without any Blood

  1. If a woman felt her mekor open and didn't find any blood she is nonetheless tameh.[12] if she's not sure if she had such a hargasha she's tahor.[13] If she checks immediately and doesn't find any blood there is a dispute if she is tahor.[14]
  2. If a woman felt a liquid exiting her body or a trembling of her body and didn't find any blood she is not tameh.[15]

Hargasha Nowadays

  1. Most woman today do not feel the hargasha described by earlier poskim.[16] All the poskim conclude that nonetheless woman today are tameh on a Biblical level for a few reasons.[17]
  2. Some poskim hold that feeling an ache or the like prior to having a period, which is common, is a type of hargasha.[18]
  3. Some poskim hold that today we do have the same types of hargasha though we just don't realize it.[19]
  4. Some poskim hold that if she knew that the blood came from her body she is a Niddah on a Biblical level.[20]
  5. Some poskim hold that every woman is automatically tameh on a Biblical level. If she usually has a hargasha and one time doesn't then she's not tameh on a Biblical level, however, since woman today never have a hargasha they are automatically tameh on a Biblical level.[21]
  6. Some poskim hold that today the hargasha is defined by a normal type of seeing blood for a period, which is usually a normal amount of blood. However, if a woman is on a Mirena IUD she might still be a niddah on a Biblical level even if she only sees a drop each month since for her that is the normal way of her period.[22]

Leniencies of Ketamim

  1. If a ketem is smaller than a garis it is tahor.[23] The size of a garis is 19mm or the size of an American penny.[24]
    1. The needs for the size of a garis applies whether she saw the ketem on her body or a clothing, however, some poskim are strict if the ketem is found on her body.[25]
    2. Nonetheless, if there are two stains on the body less than a garis they combine together to be considered a garis to be tameh.[26]
  2. If a ketem is found on something that doesn't contract tumah it is tahor.[27]
  3. If a ketem is found on something colored it is tahor.[28]

A Tameh Ketem

  1. If a ketem is tameh and she was previously tahor she is now tameh and requires a hefsek tahara after waiting 5 days, according to Ashkenazim, and 4 days, according to Sephardim. After hefsek tahara she requires seven clean days known as shiva nekiyim with the requisite checks before she can go to mikveh.[29]

Sources

  1. ↑ Shmuel in Gemara Niddah 57b. See also Mishna Niddah 58b.
  2. ↑ The Laws of Niddah v. 1 p. 70
  3. ↑ The Laws of Niddah v. 1 p. 74 fnt. 15 and Appendix A. See Pitchei Teshuva 190:1.
  4. ↑ Shach 190:1
  5. ↑ Shulchan Aruch 190:1
  6. ↑ Trumat Hadeshen 246, Shulchan Aruch YD 190:1, Taharat Habayit v. 1 p. 334
  7. ↑ Nodeh Beyehuda YD 1:55 holds that feeling a liquid exiting the body is a type of hargasha while the Chatom Sofer 1:145 argues that it isn't a type of hargasha. Sidrei Tahara 190:1 cites this as a dispute between the Shev Yakov who hold it wasn't a type of hargasha and Maharshach who hold it was. Rav Ovadia Yosef in Taharat Habayit v. 1 p. 14 holds that this isn't a type of hargasha.
  8. ↑ The Laws of Niddah v. 1 p. 76 citing Shaarei Tahara p. 8 quoting Rav Elyashiv and others. Chavot Daat 190:1 suggests this in understanding the concept of a hargasha of a flow.
  9. ↑ The Laws of Niddah v. 1 p. 76 citing Rav Moshe Feinstein in Igrot Moshe 4:17:7
  10. ↑ Pitchei Teshuva 183:1 based on Rambam Isurei Biyah 5:17
  11. ↑ Niddah 57b, Pitchei Teshuva 183:1 citing the Chavot Daat 190 and Sidrei Tahara
  12. ↑ Trumat Hadeshen 246, Shulchan Aruch YD 190:1
  13. ↑ Nodeh Beyehuda YD 2:118, Taharat Habayit v. 1 p. 334
  14. ↑ Pitchei Teshuva 190:5 quotes the Kereti Upeleti as holding that she is tahor and the Chavot Daat as holding that she is tameh.
  15. ↑ Chacham Adam 113:1 (cited by Pitchei Teshuva 190:3) writes that if a woman trembles and checks and doesn't find any blood she doesn't need to be concerned that she is tameh. Sidrei Tahara 190:3 adds that even for the hargasha of feeling a liquid exit the body it is possible that one can assume it was mey raglayim since that's more common than blood. Therefore, Taharat Habayit v. 1 p. 334 rules that the stringency of the trumat hadeshen that automatically a hargasha renders a woman tameh doesn't apply to the body trembling or feeling a liquid exit the body.
  16. ↑ Shev Yakov 40, Teshurat Shay 457, The Laws of Niddah v. 1 p. 70
  17. ↑ The Laws of Niddah v. 1 p. 74 fnt. 15
  18. ↑ Rav Moshe Feinstein in Igrot Moshe YD 4:17:12, Maharam Shik YD 177, 184 based on Rambam Isurei Biyah 8:2
  19. ↑ Aruch Hashulchan YD 190:61, Rav Moshe Feinstein in Igrot Moshe 4:17:12. The Laws of Niddah v. 1 Appendix A cites Chatom Sofer 177 as agreeing with this approach.
  20. ↑ Sidrei Tahara 190:93 in understanding Rashi and Tosfot. See also Maharam Lublin (responsa 2).
  21. ↑ Rav Elyashiv in Kovetz Teshuva 1:84
  22. ↑ Rabbi Mordechai Willig (Niddah Shiur 83) on YUTorah.org
  23. ↑ Shulchan Aruch YD 190:5
  24. ↑ The reason for this leniency is that it is common to find lice on the clothing and beds in the days of chazal and so a small amount of blood could be attributed to lice and not from her body. This is evident from the Gemara Niddah 58b. What about today when lice aren't as common? The Chatom Sofer 182 writes that the reason for the original institution of ketamim was because of taharot and even though we hold that it applies today even though the reason doesn't apply, we only apply the gezerah with the limitations that chazal would have had in their days. Therefore, concludes the Chatom Sofer, even though our lice are smaller than in the days of chazal we can continue to be lenient using their size of lice. Furthermore, Rav Moshe Feinstein in Igrot Moshe YD 3:46 fundamentally agrees but argues slightly differently; since chazal never stipulated that we are only lenient where lice are common it is evident that chazal only created a gezerah on a ketem that was larger than a garis. Since the original gezerah wasn't enacted upon a ketem smaller than a garis we can't add to that gezerah. Therefore, Badei Hashulchan 190:56 and Taharat Habayit v. 1 p. 391 conclude that we still use the leniency of a garis today even though lice aren't as common as it was in the days of chazal.
    • See the [Sefer Eshkol (Hilchot Niddah, v. 1 p. 70) http://www.hebrewbooks.org/pdfpager.aspx?req=31466&st=&pgnum=91] who writes that the reason that the Rif doesn't quote the halachot of ketamim is because it doesn't apply nowadays since we don't deal with taharot. The Raavad in [Baalei Hanefesh (Shaar Haketamim p. 64) http://www.hebrewbooks.org/pdfpager.aspx?req=8785&st=&pgnum=62] argues that nowadays ketamim still apply today. The poskim all accept the Raavad as is evident from Shulchan Aruch 190:1, yet the logic of the Eshkol supports the argument of the Chatom Sofer.
    • Rabbi Forst in The Laws of Niddah v. 1 p. 189 writes that the poskim hold the size of a garis is the area of a circle with a diameter of 19mm or a penny. Taharat Habayit v. 1 p. 367 assumes 20mm.
  25. ↑ The Rambam (as understood by the Maggid Mishna Isurei Biyah 9:6) holds that a ketem on the body is tameh in all circumstances even if it is smaller than a garis. However, the Tosfot (58a s.v. keshirah), Raavad (Isurei Biyah 9:6), Rashba (Torat Habayit 15b), and Ramban (Hilchot Niddah 4:4) argue that a ketem less than a garis on the body is tahor since it could be from a louse. Hagahot Maimoniyot (Isurei Biyah 9:1) explains that the Rambam holds that it is less common for there to be lice on the body as much it is common for there to be lice on clothing. Alternatively, the Rambam is strict since the likelihood is that if the blood is found on the body it is from her and not from the outside (See Maggid Mishna above). Shulchan Aruch YD 190:6 writes the anonymous opinion like the Tosfot and quotes the Rambam as well. The Bach 190:12 follows the Tosfot on this question but the Shach 190:9 argues that we should be strict for the Rambam. Taharat Habayit v. 1 p. 375, Igrot Moshe 4:17:7, and The Laws of Niddah v. 1 p. 195 are lenient.
  26. ↑ The Shulchan Aruch 190:8 quotes the opinion of Tosfot (58a s.v. keshura) and the Raavad (Baalei Hanefesh p. 74) who hold that on the body the stains that are less than a garis can combine to be tameh. Though it isn't clear if the anonymous opinion in Shulchan Aruch disagrees with this opinion, as the opinion of the Rashba (Torat Habayit 18b) is that it is tahor, nonetheless the poskim are machmir. The Shach 190:9 is strict because anyways he holds like the Rambam, the Bach 190:12 is machmir, Taharat Habayit v. 1 p. 377 is machmir since either that is the opinion of Shulchan Aruch or it is the opinion of the majority of the rishonim, and The Laws of Niddah v. 1 p. 195 is strict.
  27. ↑ Shulchan Aruch YD 190:10
  28. ↑ Shulchan Aruch YD 190:10
  29. ↑ Shulchan Aruch YD 190:1 rules that if a woman sees a ketem that is tameh she requires a hefsek tahara and needs to have seven clean days afterwards. Rama adds that we treat the ketem like her seeing her regular period for all intents and purposes. Additionally, the Rama 197:11 writes that after seeing a ketem a woman needs to wait 5 days. While the Shach 196:21 questions whether it is necessary to wait these days prior to shiva nekiyim if they didn't have tashmish within the last 4 days. However, he concludes by quoting the Levush who says that the minhag is to be strict like the Rama.
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