NIDAH 12 - dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and he is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.

1)

BEDIKOS BEFORE AND AFTER BI'AH

(a)

Question (R. Zeira): Should a woman check herself before Bi'ah (to see if she should refrain)?

(b)

Answer (Rav Yehudah): She should not.

(c)

Question: What is wrong if she wants to?!

(d)

Answer: This may make her husband worry lest she really is Teme'ah (perhaps the blood was lost in the cloth or cannot be seen by candlelight. R. Chananel - he will assume that she is checking because she had a Hargashah), and he will refrain from Bi'ah.

(e)

Question (R. Aba): Should a woman (who does not deal with Taharos) do a Bedikah immediately after Bi'ah, within Shi'ur Veses, to enable her husband to bring a Chatas if she finds that she is Teme'ah? (We are not concerned lest the blood left the Makor after the Ever left, yet it was found immediately by the examination cloth. Even though she is a Nidah mid'Oraisa only if the blood came with Hargashah, we assume that there was Hargashah, for this is usually the case. She mistakenly attributed the Hargashah to the Bi'ah. Whenever we say that he brings a Korban, he brings a second Korban for her, unless she was a minor or was Mezid.)

(f)

Objection (Rav Huna): It is impossible to do a proper Bedikah within Shi'ur Veses!

1.

(Beraisa): Shi'ur Veses is the time needed for the Ever to leave, and for the Bedikah cloth to enter immediately.

2.

Within Shi'ur Veses, one can do Kinu'ach (wipe herself from the outside), but not a Bedikah (in which the cloth must enter cracks in the walls inside).

(g)

Version #1 - Correction: Rather, should she do Kinu'ach within Shi'ur Veses after Bi'ah, so her husband will bring a Chatas if she is Teme'ah?

(h)

Version #2 - Correction: Rather, should a woman do a Bedikah after Bi'ah, so her husband will bring an Asham Taluy (for a Safek transgression of Kares. Perhaps the blood came during the Bedikah, after Bi'ah) if she finds blood?

(i)

Answer (Rav Huna): She should not.

(j)

Question: What is wrong if she wants to?!

(k)

Answer: This may cause her husband to worry and refrain from Bi'ah in the future. (Tosfos ha'Rosh - we cannot say that they had Bi'ah shortly before her Veses, for then it is forbidden. He should refrain! At other times, he is Ones, for there was no reason to refrain, so he is exempt from a Korban! R. Aba means that if she sees blood, she will know that they transgressed an Isur for which one brings a Chatas if there was no Ones.)

(l)

(Mishnah):... And before Bi'ah...

(m)

(R. Ami citing R. Yanai): This is the Bedikah of Tzenu'os (very virtuous women).

(n)

Question (R. Aba bar Mamal): The Mishnah says that women must do this. Why do you say that (only) Tzenu'os do it?!

(o)

Answer #1 (R. Ami): I say that anyone who fulfills mid'Rabanan laws is called Tzenu'a.

(p)

Rejection (Rava): If one does not fulfill mid'Rabanan laws, he is not merely not Tzenu'a. He is a Rasha!

(q)

Answer #2 (Rava): R. Yanai meant that Tzenu'os do not reuse the same cloth to check themselves before Bi'ah on different occasions (without washing it, for it is not as white as the first time. A drop of blood might not show);

1.

Women who are not Tzenu'os reuse the same cloth.

2)

MUST A MAN ASK HIS WIFE IF SHE IS TEHORAH?

(a)

(R. Zeira citing Shmuel): A woman without a Veses must check herself (before Bi'ah).

(b)

Question (R. Zeira): This implies that a woman with a Veses need not check herself before Bi'ah!

(c)

Answer (R. Aba bar Yirmeyah): If a woman with a Veses is awake, Bedikah is required (because it is not a bother, or because she might handle Taharos). If she is sleeping, Bedikah is not required (her husband need not wake her. Tosfos - Bi'ah when she is asleep is despised. We must say that she is half-awake, and he need not fully wake her. Aruch la'Ner - R. Aba holds like the Tana who permits Bi'ah when she is asleep);

1.

If she does not have a Veses, whether she is awake or asleep, Bedikah is required.

(d)

Question (Rava): Why didn't R. Aba answer that a woman with a Veses needs Bedikah for Taharos, but not for Bi'ah (if she does not deal with Taharos), and a woman without a Veses needs Bedikah even for Bi'ah?

(e)

Answer: We infer that Shmuel never requires Bedikah for Bi'ah (alone).

(f)

(Beraisa): If a man returned home from his work, from visiting mourners or a celebration, his wife is Muchzekes Tehorah. He may be with her, whether she is sleeping or awake;

1.

This is if she was Tehorah when he left. If she was Teme'ah when he left, she is Muchzekes to be Teme'ah until she tells him that she is Tehorah.

(g)

Question: How does Shmuel establish the Beraisa?

1.

If she has a Veses, this contradicts Shmuel's law about when she is awake (that she must check herself);

2.

If she does not have a Veses, this contradicts Shmuel's law that whether awake or asleep, she must check herself!

(h)

Answer: The case is, she has a Veses;

1.

Since he is Tove'a (tells her that he wants to have Bi'ah; Tosfos - she understands this), this is the ultimate Bedikah! (Tosfos - she will remember if she felt blood. Rashba - if there is blood there now, she will feel it.)

(i)

Question (Rav Papa): Should we rely on this Beraisa? (Rashi - if he left her Tehorah, and she was awake when he returned, Bedikah or Tevi'ah is required; Tosfos - if he left her Tehorah and she was sleeping when he returned, he need not wake her.)

12b----------------------------------------12b

(j)

Answer (Rava): Nothing is required, lest she become disdained in his eyes (Tosfos - if he must wake her).

(k)

(Rav Kahana): I asked the wives of Rav Papa and Rav Huna brei d'Rav Yehoshua if their husbands, when they return from the Beis Medrash, make them do Bedikos. They told me that they do not.

(l)

Question: Why didn't Rav Kahana ask Rav Papa and Rav Huna themselves?

(m)

Answer: He suspected that they were stringent on themselves, but they would not tell others to be stringent.

3)

A WOMAN WITHOUT A VESES

(a)

(Beraisa - R. Meir): A woman without a Veses may not have Bi'ah. She does not receive a Kesuvah, nor produce (of her property that her husband consumed. Tosfos - her husband need not redeem her if she is captured. Normally he must, in exchange for her produce), food (before he divorces her; Ramban - if she became widowed), nor Bela'os ((Rashi - the remnants; Tosfos ha'Rosh - compensation for depreciation) of clothing she brought into the marriage). He must divorce her, and he may not remarry her;

(b)

Version #1: R. Chanina ben Antignos says, she may have Bi'ah using two Edim (to check before and after each time she has Bi'ah);

1.

Version #1A (Rashi): They (the Edim) obligate (a Korban, if blood is seen on them) and they permit (Taharos. They show that no Korban is needed, if they are clean);

2.

Version #1B (Rashba): They rectify (show whether or not a Korban is needed), and they confuse her (if she sees blood after a moderate delay, there is a Safek about the Tum'ah).

(c)

Version #2 (Rif): R. Chanina ben Antignos says, the first three times she has Bi'ah, she needs two cloths (to check herself and her husband afterwards);

1.

They forbid her (permanently, if blood is seen on them all three times, for she is Muchzekes to see at the time of Bi'ah). They permit her if they are clean;

(d)

Aba Chanan says, woe to her husband!

(e)

(The Gemara explains the Beraisa.) R. Meir forbids her to have Bi'ah (even if she checks herself just before), lest she see during Bi'ah;

1.

Because he cannot have Bi'ah with her; she does not receive a Kesuvah, nor stipulations of the Kesuvah, i.e. Peros, food, or Bela'os.

(f)

Question: Why must R. Meir say "he must divorce her and may not remarry her"? This is obvious!

(g)

Answer: Even if she later gets a Veses, he may not remarry her;

1.

We are concerned lest after she gets a Veses, she will marry Ploni, and her first husband (Reuven) will (want to remarry her, and) say that he mistakenly divorced her (he did not know that she would get a Veses), so the divorce was invalid, and her children from Ploni are Mamzerim! (Tosfos - really, if he did not stipulate, the divorce was valid. Even so, we are concerned lest people say that the children are Mamzerim);

2.

Therefore, we tell him that he may never remarry her, so he decides absolutely to divorce her.

(h)

(Beraisa - Aba Chanan): Woe to her husband!

(i)

Version #1: He addresses R. Meir;

1.

He agrees with R. Meir that he must divorce her, but he says that he must pay her Kesuvah (because mid'Oraisa she is permitted to him. Some explain that she is permitted to him during the 11 days of Zivah. Chachamim make him divorce her lest he have Bi'ah with her at other times).

(j)

Version #2: He addresses R. Chanina;

1.

R. Chanina permits them to remain married. Aba Chanan argues, lest she become a Nidah during Bi'ah. (Bedikos cannot guard against this!) (end of Version #2)

(k)

(Rav Yehudah citing Shmuel): The Halachah follows R. Chanina.

(l)

Question: What is the case?

1.

If she handles Taharos, Shmuel already taught this (that she must check herself before and after Bi'ah)!

2.

If she does not handle Taharos, Shmuel taught that she need not check herself!

i.

(R. Zeira citing Shmuel): A woman without a Veses must check herself before Bi'ah.

ii.

We established that this refers to a woman who deals with Taharos!

(m)

Version #1 (Rashi) Answer: (She handles Taharos.) Shmuel taught only one of these teachings. Rav Yehudah and R. Zeira argue about which one he taught.

(n)

Version #2 (R. Chananel): She does not engage in Taharos. Rav Yehudah and R. Zeira argue about Shmuel's opinion.

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