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A Woman who Gave Birth: Difference between revisions
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→Shiva Nekiyim after Giving Birth
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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== | ||
