A Woman who Gave Birth: Difference between revisions
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# 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> | # 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> | # 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 | # A miscarriage where the fetus was more than 40 days old makes the woman tameh for 14 days automatically, irrelevant of its form, 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 healthy birth. Rashba (Torat Habayit Hakatzar 27a) and Shulchan Aruch 194:3 agree. 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. | ||
# If a woman miscarried and the amniotic sac came out after the birth it is considered another birth since it is unusual for the sac to come out afterwards if it is a miscarriage.<ref>Shulchan Aruch YD 194:4</ref> | |||
# If the amniotic sac came out before the birth, whether it is a healthy birth or a miscarriage, she is tameh immediately though as she gave birth.<Ref>Shulchan Aruch 194:5. If the amniotic sac came out attached to the fetus, see Badei Hashulchan 194:5 s.v. yatzah.</ref> | |||
==Onset of Niddah before Birth== | ==Onset of Niddah before Birth== | ||
