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Nidah 39

1. ESTABLISHING A "VESES" DURING "YEMEI ZIVAH"
   • Question: The Gemara states that blood seen during the days of Zivah will not contribute towards establishing a fixed Veses. Rashi (DH b'Toch) gives an example of a woman who saw blood once, and then she saw blood two more times at 15 day intervals.

     If the woman bled 15 days after having a show of blood during the days of Zivah, and did not bleed in between, how can the second show of blood also occur during the days of Zivah? The days of Zivah only last for 11 days if a woman does not bleed in between, and after that period of time passes, the next show of blood makes her a Nidah and not a Zavah!

   • Answer:
     1. The RAMBAM (Hilchos Isurei Bi'ah 5) rules that a woman goes through a constant cycle of 7 days of Nidah followed by 11 days of Zivah. Even if she does not see blood after her days of Zivah pass, she still begins seven days of Nidah, during which any blood she sees is Dam Nidah. Accordingly, it is easy to see how shows of blood 15 days apart can both be during days of Zivah, even if the woman did not bleed in between.

     2. The MAHARSHA and MAHARAM suggest that Rashi does not mean that *all* of the Re'iyos occurred during days of Zivah. The Gemara means that all of the shows of blood that occurred during days of Zivah are not joined to create a Veses, but the woman certainly must have seen blood during Yemei Nidah as well (in order to begin a new cycle of days of Zivah before the show of blood on the 15th day).

     3. The ARUCH LA'NER suggests (based on Rashi 11a, DH Gemara) that the Gemara may mean that if the *third* show of blood occurred during days of Zivah, it cannot be joined with the two previous times to create a Veses. (However, as he points out, this is not in agreement with Rashi in our Sugya.)

39b

2. A "VESES KAVU'A" TOGETHER WITH A "VESES SHE'EINO KAVU'A"
   • Question: Rebbi Yochanan rules that if a woman saw blood on Rosh Chodesh, and then she saw again on the next Rosh Chodesh, then on the 25th of the month, and again on Rosh Chodesh, she has established a Veses Kavu'a for Rosh Chodesh. The TUR (YD 189) rules that we are also Choshesh as well for a Veses she'Eino Kavu'a on the 25th of the month.

     The CHAVAS DA'AS (ibid. #15) asks, there is a rule that once a woman has a Veses Kavu'a, she does not have to be Choshesh for any Veses she'Eino Kavu'a. If so, since this woman has established a Veses Kavu'a of Rosh Chodesh, she should not have to be Choshesh for a Veses she'Eino Kavu'a for the 25th of the month!

   • Answer: The CHAVAS DA'AS explains that there is a difference between a Veses of Haflagah (intervals) and a Veses ha'Chodesh (of fixed dates). If a woman has a Veses to see blood at fixed intervals, then we are not Choshesh for any Veses she'Eino Kavu'a of other intervals, since her intervals are fixed. If she sees blood on consistent *dates* (but not regular intervals), this indicates that certain external factors are influencing her Veses. If so, one factor does not have to be exclusive of another, and therefore she must be Choshesh for both Rosh Chodesh and the 25th of the month.

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