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Ketamim: Difference between revisions
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==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 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. | # 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 [ | * See the [http://www.hebrewbooks.org/pdfpager.aspx?req=31466&st=&pgnum=91 Sefer Eshkol (Hilchot Niddah, v. 1 p. 70)] 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 [http://www.hebrewbooks.org/pdfpager.aspx?req=8785&st=&pgnum=62 Baalei Hanefesh (Shaar Haketamim p. 64)] 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> | * 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 poskim 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 [http://www.hebrewbooks.org/pdfpager.aspx?req=8922&st=&pgnum=368 (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. Taharat Habayit v. 1 p. 375, Igrot Moshe 4:17:7, and The Laws of Niddah v. 1 p. 195 are lenient.</ref> | ## The needs for the size of a garis applies whether she saw the ketem on her body or a clothing, however, some poskim 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 [http://www.hebrewbooks.org/pdfpager.aspx?req=8922&st=&pgnum=368 (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. Taharat Habayit v. 1 p. 375, Igrot Moshe 4:17:7, and The Laws of Niddah v. 1 p. 195 are lenient.</ref> | ||
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## Even if the ketem is found on an undergarment that is close to the body if it is colored it is tahor.<ref>The Chatom Sofer YD 161 writes that colored garments only prevent ketamim on the outer garments and not the undergarments. He is also concerned for those rishonim including the Hagahot Maimoniyot and Ramban who hold that a ketem on a colored garments renders the woman tameh to her husband, even though for taharot it doesn't. However, the Maharsham 1:81, Chazon Ish YD 89:4, and Taharat Habayit v. 1 p. 389 are lenient.</ref> | ## Even if the ketem is found on an undergarment that is close to the body if it is colored it is tahor.<ref>The Chatom Sofer YD 161 writes that colored garments only prevent ketamim on the outer garments and not the undergarments. He is also concerned for those rishonim including the Hagahot Maimoniyot and Ramban who hold that a ketem on a colored garments renders the woman tameh to her husband, even though for taharot it doesn't. However, the Maharsham 1:81, Chazon Ish YD 89:4, and Taharat Habayit v. 1 p. 389 are lenient.</ref> | ||
## If a garment is striped and the ketem is found partially on the white section and partially on the colored most poskim consider the area on the colored part to be ignored. However, if the ketem goes over a colored strip and is found on both sides on a white area those two white areas combine for the size of a garis.<ref>The Laws of Niddah v. 1 p. 205, Taharat Habayit v. 1 p. 394</ref> | ## If a garment is striped and the ketem is found partially on the white section and partially on the colored most poskim consider the area on the colored part to be ignored. However, if the ketem goes over a colored strip and is found on both sides on a white area those two white areas combine for the size of a garis.<ref>The Laws of Niddah v. 1 p. 205, Taharat Habayit v. 1 p. 394</ref> | ||
==The Location of the Ketem== | ==The Location of the Ketem== | ||
# If the ketem is found only on the woman's body it is only tameh if it is found on the inside part of the legs where they would touch when standing with legs together, heel, toes, or on the fingers or knuckles. Blood on the upper part of the body is tahor unless she woman laid down with her feet up.<Ref>Shulchan Aruch YD 190:11. Shach 190:17 accepts Shulchan Aruch's assertion regarding toes that a ketem found on any of them makes her tameh while the Taz 190:11 is lenient if the ketem is found on the top of the foot beyond the toes further out than the area parallel to the big toe. </ref> | # If the ketem is found only on the woman's body it is only tameh if it is found on the inside part of the legs where they would touch when standing with legs together, heel, toes, or on the fingers or knuckles. Blood on the upper part of the body is tahor unless she woman laid down with her feet up.<Ref>Shulchan Aruch YD 190:11. Shach 190:17 accepts Shulchan Aruch's assertion regarding toes that a ketem found on any of them makes her tameh while the Taz 190:11 is lenient if the ketem is found on the top of the foot beyond the toes further out than the area parallel to the big toe. </ref> | ||
