16,374
edits
Ketamim: Difference between revisions
From Halachipedia
→Leniencies of Ketamim
| Line 21: | Line 21: | ||
==Leniencies of Ketamim== | ==Leniencies of Ketamim== | ||
# If a ketem is smaller than a garis it is tahor.<ref>Shulchan Aruch YD 190:5</ref> The needs for the size of a garis applies whether she saw the ketem on her body or a clothing, however, some are strict if the ketem is found on her body.<ref>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.</ref> | # If a ketem is smaller than a ''garis'' it is tahor.<ref>Shulchan Aruch YD 190:5</ref> The size of a garis is 19mm or the size of an American penny.<ref>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.</ref> | |||
## The needs for the size of a garis applies whether she saw the ketem on her body or a clothing, however, some are strict if the ketem is found on her body.<ref>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.</ref> | |||
# If a ketem is found on something that doesn't contract tumah it is tahor.<ref>Shulchan Aruch YD 190:10</ref> | # If a ketem is found on something that doesn't contract tumah it is tahor.<ref>Shulchan Aruch YD 190:10</ref> | ||
# If a ketem is found on something colored it is tahor.<ref>Shulchan Aruch YD 190:10</ref> | # If a ketem is found on something colored it is tahor.<ref>Shulchan Aruch YD 190:10</ref> | ||
==A Tameh Ketem== | ==A Tameh Ketem== | ||
# 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.<ref>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. </ref> | # 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.<ref>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. </ref> | ||
