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Nidah 66

1. HALACHAH: THE INTERNAL EXAMINATION WITH THE REED OPINIONS: The Beraisa says that if a woman saw blood when she had relations with her husband three consecutive times, she may not remain married to him. If she sees blood when having relations with her second husband three consecutive times, she may not remain married to him. If the same thing happens with the third husband, then she may perform the internal examination described in the Gemara to determine whether the blood is coming from her womb (and she may never have relations again, because it causes her to bleed Dam Nidah) or from a wound.

   If the examination is a reliable indication of where the blood is coming from, why does the Gemara not suggest that she perform the examination after having relations for the third time with her first husband, in order to permit her to stay with him?

   1. RASHI (DH l'Phi) says that she cannot become permitted to the first husband by using the examination, because it is not a foolproof indication that she does not see Dam Nidah as a result of having relations. If the results of the examination are negative (that is, no blood was found coming from the womb), it could still be that she bleeds from the womb as a result of having relations and staying with her husband would bring her into a situation of accidentally committing a transgression punishable with Kares. We only permit her to use the examination when there is no other option, i.e. after the third husband's third try.

   2. TOSFOS (DH v'Tivdok) says that if she wants, a woman may perform the examination after the third Be'ilah with her first husband. The Beraisa is only advising her to get divorced (because if she performs the examination and finds that blood is coming from her womb, she may never again have relations with any man).

   3. The RAMBAM (Hilchos Isurei Bi'ah 4:21-22) rules that the examination does not permit her to remain even with the third husband. The fact that she had relations three times with three men and saw blood each time establishes a Chazakah that she sees blood as a result of having relations with them, and she may not remain married to any of them, even after performing the internal examination with the reed. The examination serves to permit her to marry a fourth husband.

      The Magid Mishneh explains that the Rambam maintains that she may not rely on this examination after establishing a Chazakah for seeing blood during relations with a particular man. The reason for this is that we are afraid they might stay together even before she performs the examination, on the assumption that when the examination is performed later it will show that she is not bleeding from the womb (and they may be mistaken). Accordingly, the Rambam would allow her to perform the examination after having relations less than three times with even the first husband, since she has not yet established a Chazakah.

      HALACHAH: The Shulchan Aruch (Yoreh Deah 187:3) cites the opinions of Rashi and Tosfos ((a) and (b) above). The Rema writes that a woman may rely on Tosfos (b) and perfrom the examination while still married to her first husband. The Shach (187:14), however, rules that it is proper to take the stricter approach and not rely on the examination while still married to the first husband.

      If the woman feels pain while having relations and then finds blood, all agree that she may rely on the examination to remain married to her first husband (like Tosfos (a)).

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