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Nidah 36
1) "YEMEI TOHAR" COUNTING TOWARDS "SILUK DAMIM"
QUESTION: The Gemara asks, according to Levi (who holds that Dam Tahor and
Dam Tamei come from two separate sources), why are a full three months
necessary to make a nursing woman Mesulekes Damim? According to Levi, even
the shortest break after Yemei Tum'ah should suffice (so that the source of
Dam Tamei should cease to discharge blood, and the source of Dam Tohar will
open up instead). Blood seen during Yemei Tohar should not be considered
Dam Nidah!
How can the Gemara assume with certainty that one of the Onos that the
woman must miss in order to be considered Mesulekes Damim will happen to be
during the Yemei Tohar? Perhaps the Beraisa is dealing with a woman who has
an unusually long Onah, which entirely skips her Yemei Tohar. That is why
the Yemei Tohar do not help her become Mesulekes Damim faster.
ANSWERS:
(a) The ARUCH LA'NER (10b) suggests that the Beraisa means that a woman is
Mesulekes Damim if she misses three Onah *Beinonis* (30 days) periods. One
such Onah obviously must occur during Yemei Tohar, which are longer than 30
days.
(b) The Maharsha (Nidah 10b) contends that if a woman has an Onah that is
longer than 30 days, three *such* Onos must pass before she is considered
Mesulekes Damim. The Chachmas Betalel explains that according to the
Maharsha, the Gemara's question must be interpreted as follows: From the
Beraisa it would appear that *every* woman, even one with a shorter Veses,
must be not see blood during the Yemei Tohar. If the woman's Veses occurs
during Yemei Tohar, why must she not see blood?
2) THE RULING OF CHANANYA, NEPHEW OF REBBI YEHOSHUA
OPINIONS: The Mishnah rules that if a woman experiences bleeding during
labor, it does not make her a Zavah, unless her labor stops for 24 hours
between the bleeding and the birth. Chananya, nephew of Rebbi Yehoshua,
adds that "if the woman labored on the third day of bleeding, even she has
no labor pains the entire [rest of the] day, she is not a Zavah." On what
point does Chananya disagree with our Mishnah?
(a) Rashi (37b, DH Ha Ka Mashma Lan) seems to explain that Chananya means
to concur with the opinion of Rebbi Yehoshua, in our Mishnah. The ceasing
of labor makes a woman into a Zavah only if she ceases labor from sunset to
sunset, and not if she simply has a 24-hour pause in her labor.
(b) This is difficult to reconcile with Chananya's wording, however, since
his wording is not at all similar to that of Rebbi Yehoshua in the Mishnah.
Also, the Gemara (37b) seems to present his opinion as an independent
opinion, not mentioned in our Mishnah. The Rishonim (RAMBAN, RASHBA,
RITVA) therefore explain that Rebbi Chanina is teaching another Halachah
entirely. According to Chananya, a one day cease of labor indeed makes a
woman a Zavah Ketanah if it followed one or two days of bleeding. However,
after a woman bleeds with labor pains for even one minute of the third day,
a 24-hour cease of labor no longer makes her a Zavah. She will not become a
Zavah Gedolah unless she continues to bleed without any labor pains for
another three consecutive days. The Rishonim explain that this is Rashi's
intention (36b DH Kol, see Aruch la'Ner who justifies their approach) as
well.
(c) The RAMBAM (Isurei Bi'ah 6:4, as explained by the Chasam Sofer and the
Aruch la'Ner) explains that according to Chananya, a painless birth is the
same as labor pains preceding a birth. That is, if a woman had labor pains
during the first two days of bleeding and gave birth, albeit painlessly, on
the third day of bleeding, the birth is equivalent to labor pains and the
woman is Tehorah. This is what Chananya meant by referring to a woman "who
expereinced labor on the third day, even though she had no pains on the
third day." What labor does not involve labor pains? Giving birth.
36b
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