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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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# These 7 clean days can occur during the first 7 or 14 days or afterwards.<ref>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.</ref> | # These 7 clean days can occur during the first 7 or 14 days or afterwards.<ref>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.</ref> | ||
## For example, if a woman gave birth to a girl and got 7 clean days before she completed the 14 days of tumah from the birth, she still is tameh until the end of the 14 days and can go to mikveh the night of the 15th day. She doesn't need to do bedikot after her counting of the 7 clean days, though she should do a bedika before going to the mikveh. <ref>Shulchan Aruch YD 194:1. Badei Hashulchan 194:13 writes that after she finished her counting of the shiva nekiyim she doesn't need bedikot but lechatchila she should do one before going to the mikveh.</ref> | ## For example, if a woman gave birth to a girl and got 7 clean days before she completed the 14 days of tumah from the birth, she still is tameh until the end of the 14 days and can go to mikveh the night of the 15th day. She doesn't need to do bedikot after her counting of the 7 clean days, though she should do a bedika before going to the mikveh. <ref>Shulchan Aruch YD 194:1. Badei Hashulchan 194:13 writes that after she finished her counting of the shiva nekiyim she doesn't need bedikot but lechatchila she should do one before going to the mikveh.</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. Badei Hashulchan 194:1 agrees. | # A women shouldn’t go to mikveh after giving birth until she is medically healthy enough.<ref> Mishmeret Hatahara v. 2 p. 157 writes that a woman shouldn’t go to the mikveh after she gave birth before she is healthy enough to go, which the doctors usually say is 5 or 6 weeks.</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. Badei Hashulchan 194:1 agrees.</ref> | |||
# Sometimes there is still some relevance of dam tohar today when asking a shaylah to a rabbi.<ref>Mishmeret Hatahara v. 2 p. 164 writes that if the woman already went to mikveh and the shaylah came up afterwards within the yemey tahara it is possible to use that fact as a factor to be lenient. | |||
* If a woman went to mikveh and then felt blood during tashmish while she was still within the days of yemey tahara, the Nodeh Beyehuda 2:96 held that the man could leave with an erect ever, while Nachlat Tzvi argued. This dispute is cited in the Pitchei Teshuva 194:2 and Badei Hashulchan 194:22.</ref> | * If a woman went to mikveh and then felt blood during tashmish while she was still within the days of yemey tahara, the Nodeh Beyehuda 2:96 held that the man could leave with an erect ever, while Nachlat Tzvi argued. This dispute is cited in the Pitchei Teshuva 194:2 and Badei Hashulchan 194:22.</ref> | ||
# There was 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.<ref>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: | # There was 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.<ref>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: | ||
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Mishmeret Hatahara v. 2 p. 155 (Rabbi Moshe Karp, Kriyat Sefer) writes that today the minhag in his areas is to be lenient.</ref> Sephardim do not have to follow this minhag and even if they did they can do a hatarat nedarim.<ref>Taharat Habayit (v. 2 p. 28) shows that the primary minhag of Sephardim is to be lenient like Shulchan Aruch. He cites numerous sources to show that the poskim held that this minhag was weak and possibly based on the Karaites as the Rambam writes. Therefore, the Bet Yosef's opinion was unless we know that it was based on a practice to be strict on hilchot niddah, we can assume that it was a practice based on a mistake. In Baghdad, Egypt, and Tunisia the minhag was to be lenient. Even for Morocco and India where there was a minhag to be strict, Rav Ovadia holds that they don't need to uphold this minhag since we don't know that it began with rabbinic approvals and was completely accepted. Additionally even the Ben Ish Chai (Rav Paalim YD 2:23) writes that it wasn't an accepted minhag in Baghdad and even someone who has this minhag can nullify it with hatarat nedarim.</ref> | Mishmeret Hatahara v. 2 p. 155 (Rabbi Moshe Karp, Kriyat Sefer) writes that today the minhag in his areas is to be lenient.</ref> Sephardim do not have to follow this minhag and even if they did they can do a hatarat nedarim.<ref>Taharat Habayit (v. 2 p. 28) shows that the primary minhag of Sephardim is to be lenient like Shulchan Aruch. He cites numerous sources to show that the poskim held that this minhag was weak and possibly based on the Karaites as the Rambam writes. Therefore, the Bet Yosef's opinion was unless we know that it was based on a practice to be strict on hilchot niddah, we can assume that it was a practice based on a mistake. In Baghdad, Egypt, and Tunisia the minhag was to be lenient. Even for Morocco and India where there was a minhag to be strict, Rav Ovadia holds that they don't need to uphold this minhag since we don't know that it began with rabbinic approvals and was completely accepted. Additionally even the Ben Ish Chai (Rav Paalim YD 2:23) writes that it wasn't an accepted minhag in Baghdad and even someone who has this minhag can nullify it with hatarat nedarim.</ref> | ||
# If the woman already went to the mikveh and she is tahor, even though the gemara prohibits them to one another on the night of the 41st day for a baby boy and the 81st for a baby girl, today this prohibition doesn't apply since we are strict on dam tohar.<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. Badei Hashulchan 194:15 agrees but adds that a person who wants to be strict will be blessed.</ref> | # If the woman already went to the mikveh and she is tahor, even though the gemara prohibits them to one another on the night of the 41st day for a baby boy and the 81st for a baby girl, today this prohibition doesn't apply since we are strict on dam tohar.<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. Badei Hashulchan 194:15 agrees but adds that a person who wants to be strict will be blessed.</ref> | ||
==Miscarriages== | |||
# A woman who miscarries a fetus that is less than 41 days old she is tameh like a niddah but doesn't have the regular tumah of birth, which for a girl is 14 days.<Ref>The Mishna Niddah 30a establishes that both for a boy and a girl a fetus less than 41 days old isn’t considered a birth for the purposes of making the mother tameh. The Rashba (Torat Habayit 28b) cites a dispute between the Raavad and the Baal Hameor whether we say that she is nonetheless tameh as a niddah since the uterus must have opened when she miscarried. The Rashba sides with the Raavad who is strict. The Shulchan Aruch YD 194:2 follows the opinion of the Raavad.</ref> | |||
# There is a major dispute from when to count the 40 days. Some poskim write that we begin counting from when she last went to mikveh, while many others are concerned that perhaps the count should begin earlier and we wouldn’t know from when to begin. A rabbi must be consulted.<ref>The Pitchei Teshuva 194:3 cites the Avodat Hagershuni 21 as holding that we can count the period of 41 days from the last period since we know that if she was pregnant beforehand she wouldn’t have had her period. However, the Chavot Daat 194:2 argues that since halachically it is possible for a pregnant woman to see her period within the first trimester we can’t count the 40 days from the last period. The Sidrei Tahara 194:7 and Chatom Sofer 169 agree. Nodeh Beyehuda EH 69 agrees with the Chavot Daat that a woman can see period when she is pregnant. Chachmat Adam 115:20 and Shiurei Shevet Halevi (p. 244) side with the Avodat Hagershuni, however, the most achronim follow the Chavot Daat including the Aruch Hashulchan 194:24, Badei Hashulchan 194:28, Mishmeret Hatahara v. 2 p. 167, and Taharat Habayit v. 2 p. 49. </ref> If the couple had a test showing that they were not pregnant before the last tevilah, then according to some poskim they can count the 40 days from the last tevilah.<ref>Taharat Habayit v. 2 p. 49, Shiurei Shevet Halevi p. 244</ref> | |||
# A miscarriage where the fetus was more than 40 days old makes the woman tameh for 14 days automatically since it could be that the fetus was a girl.<ref> The Mishna (Niddah 30a) establishes that only if the fetus has a form of a human is she tameh but if it is the form of an animal she is tahor. Many details are discussed in the gemara and rishonim (see Bet Yosef 194:2), however, practically the Raavad ([http://www.hebrewbooks.org/pdfpager.aspx?req=8785&st=&pgnum=12 Baalei Hanefesh p. 14]) writes that today we aren’t experts in how to check what is the form of a human and we consider all fetuses after 40 days to make her tameh like a regular birth. Rashba (Torat Habayit Hakatzar 27a) agrees. The Shach 194:3 even writes that today we aren’t experts to check if the fetus was a boy or girl to know if she is tameh 7 or 14 days and so we always consider her tameh for 14 days. Badei Hashulchan 194:43 codifies this as halacha and adds that we don’t rely on our evaluation about genders unless it is very visibly obvious.</ref> A rabbi should be consulted. | |||
==Onset of Niddah before Birth== | ==Onset of Niddah before Birth== | ||
