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Harchakot of Niddah: Difference between revisions

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'''Harchakot''' (Hebrew: הרחקות, tran. ''separations'') are Rabbinic supplementary restrictions intended to prevent a couple from excessive intimacy which could lead to the grave Biblical forbidden actions during the niddah period.  
'''Harchakot''' (Hebrew: הרחקות, tran. ''separations'') are Rabbinic supplementary restrictions intended to prevent a couple from excessive intimacy which could lead to the grave Biblical forbidden actions during the niddah period.  


Since a couple have a certain level of familiarity, routine, and habitual rapport, the Sages with their psychological understanding and insight concluded the need for these additional restrictions.<ref>Shabbat 13a, Responsa Rosh (no. 47).  </ref> Accordingly, these precautions do not apply to one who interacts with women with whom he many not invariably touch.
Since a couple have a certain level of familiarity, routine, and habitual rapport, the Sages with their psychological understanding and insight concluded the need for these additional restrictions. Accordingly, these precautions do not apply to one who interacts with women with whom he many not invariably touch.<ref>Shabbat 13a, Responsa Rosh (no. 47), Responsa Rashba (vol. 1, no. 1188). See however Rama (Even HaEzer 21:5) for miscellaneous laws of distance one must practice when interacting with women. </ref>


==Basic Laws==
These precautions start with when a woman menstruates and extends all the way until she completes her purification process with immersion.<ref>Shulchan Aruch and Rama (Yorei Deah 195:1), Torat HaTaharah (p. 95), Taharat Yosef (3:1) </ref> This prohibition remains even if a woman reached menopause, when she no longer experiences menstrual cycles, and in the past has not followed the requisite steps to purification; she must unfetter herself with a count of hefsek taharah, seven clean days, and immersion.<ref>Torat HaTaharah p. 95, Taharat Yosef 3:2.


#A man is required to separate from his wife during the time she is a niddah until she has a hefsek taharah, counts seven clean days and dips in a kosher mikveh. <ref>Torat HaTaharah p. 95, Taharat Yosef 3:1 </ref>
*Tosfot Shabbat 13b (s.v. biymey) point out that from Rashi (Ketubot 61a s.v. michalfa) it appears like there would have been leniencies of harchakot when a woman was counting her shiva nekiyim after she stopping seeing blood. Rabbenu Chananel (Ketubot 61a) also seems to hold like rashi. Tosfot argue that this is incorrect since until the woman completed her shiva nekiyim and went to mikveh she is equally forbidden to her husband with a penalty of karet. The Rashba ([http://www.hebrewbooks.org/pdfpager.aspx?req=8922&st=&pgnum=345 Torat Habayit 4a]), Raavad ([http://www.hebrewbooks.org/pdfpager.aspx?req=8785&st=&pgnum=8 Baalei Hanefesh p. 10]), Rosh (Ketubot 5:24), and Rambam (Isurei Biyah 11:18) hold that really there is no difference between a women when she is seeing blood and when she is in her shiva nekiyim.              (See Rashba who argues that Rabbenu Chananel only meant if she went to mikveh twice. See the Rivash 425 and Ramban Shabbat 13b who forbid this practice of going to mikveh twice.)</ref>
#This prohibition remains even if many years have passed since she became a niddah. It remains until she has a hefsek taharah, counts seven clean days, and dips in a kosher mikveh.<ref>Torat HaTaharah p. 95, Taharat Yosef 3:2.


*Tosfot Shabbat 13b s.v. biymey points out that from Rashi (Ketubot 61a s.v. michalfa) it sounds like there would have been leniencies of harchakot when a woman was counting her shiva nekiyim after she stopping seeing blood. Rabbenu Chananel (Ketubot 61a) also implies like rashi. However, Tosfot argues that this is totally incorrect since until the woman completed her shiva nekiyim and went to mikveh she is equally forbidden to her husband with a penalty of karet. The Rashba ([http://www.hebrewbooks.org/pdfpager.aspx?req=8922&st=&pgnum=345 Torat Habayit 4a]), Raavad ([http://www.hebrewbooks.org/pdfpager.aspx?req=8785&st=&pgnum=8 Baalei Hanefesh p. 10]), Rosh (Ketubot 5:24), and Rambam (Isurei Biyah 11:18) hold that really there is no difference between a women when she is seeing blood and when she is in her shiva nekiyim. The Rashba even argues that Rabbenu Chananel only meant if she went to mikveh twice but that it isn't proper to do so. See the Rivash 425 and Ramban Shabbat 13b who forbid this practice of going to mikveh twice.</ref>
==Touching==
#Because of the seriousness of separating from one's wife while she is a Nidda, Chazal enacted several fences to help the couple avoid situations that might bring them to transgress the prohibition of physical endearment during this period.<ref>Taharat Yosef 3:3 </ref>


==Touching==
#Physical affection of any form is prohibited to the couple during the niddah period. Most authorities maintain that this prohibition is Biblical. As a safeguard from sin, the Rabbis prohibited any form of physical contact between the couple, forbidding even infinitesimal and unaffectionate touch.<ref>Shabbat 13b relating an incident of a righteous man who died prematurely due to his laxity in adhering to the Rabbis enactments  indicates that even ephemeral touch is prohibited.


#According to the opinion of many Rishonim, among them Maran HaShulchan Aruch, contact between a man and his wife who is a niddah is a biblical violation. Due to this fact, the Rabbis instituted many safeguards to prevent this.<ref>Torat HaTaharah p. 96</ref>
See the Ravyah (Niddah no. 173) and Or Zaruah (1:360) who permit non-affectionate touch. All other Rishonim reject this opinion. This includes, Tosfot (Shabbat 13b s.v. biymey), Ramban (Hilchot Niddah 8:3), Rashba ([http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=347 Torat Habayit Hakatzar 4a]), and Rambam (Isurei Biyah 11:18). Following them, Shulchan Aruch (Yoreh Deah 195:2) prohibits any touch, even when not done for pleasure. </ref>  
#It is forbidden for a man to touch his wife who is a niddah even in a slight way and even not in an affectionate way.<ref>The Gemara Shabbat 13b  indicates from a conversation with Eliyahu Hanavi that it is forbidden for a man to touch his wife even in the slightest way when she is a niddah.
#He may not even touch her clothing, nor she his, even if the clothing hangs loosely off the body and the person will not feel the touch. They should be also be careful that the clothing of one does not touch the clothing of the other.<ref>Aruch Hashulchan 195:5, Badei Hashulchan 195:15, Torat HaTaharah p. 97, Taharat Yosef 4:5</ref>
See the Ravyah (Niddah no. 173) and Or Zaruah 1:360 who permit a man to touch his wife when she is a niddah in a non-affectionate way. All other rishonim reject this opinion. These rishonim include the Tosfot (Shabbat 13b s.v. biymey), Ramban (Hilchot Niddah 8:3), Rashba ([http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=347 Torat Habayit Hakatzar 4a]), and Rambam (Isurei Biyah 11:18). Shulchan Aruch 195:2, therefore, forbids touching even not in an affectionate way. </ref> He may not even touch her clothing, nor she his, even if the clothing hangs loosely off the body and the person will not feel the touch. They should be also be careful that the clothing of one does not touch the clothing of the other.<ref>Aruch Hashulchan 195:5, Badei Hashulchan 195:15, Torat HaTaharah p. 97, Taharat Yosef 4:5</ref>
#A husband and wife are permitted to touch each other's clothing when the wife is a niddah while the clothes are not being worn by the spouse.<ref>Torat HaTaharah p. 97-98, Taharat Yosef 4:5</ref> Similarly they are allowed to touch each other's bedding while their spouse is not lying on it. This applies even if the clothes or sheets are stained. A man is also permitted to remove his wife's sheet from her bed and put it on his own bed, even if the sheet is stained, as long as the sheet is not designated specifically for her use.<ref>Torat HaTaharah p. 97-98</ref>
#A husband and wife are permitted to touch each other's clothing when the wife is a niddah while the clothes are not being worn by the spouse.<ref>Torat HaTaharah p. 97-98, Taharat Yosef 4:5</ref> Similarly they are allowed to touch each other's bedding while their spouse is not lying on it. This applies even if the clothes or sheets are stained. A man is also permitted to remove his wife's sheet from her bed and put it on his own bed, even if the sheet is stained, as long as the sheet is not designated specifically for her use.<ref>Torat HaTaharah p. 97-98</ref>


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