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Nidah 69

1. COUNTING THE SEVEN CLEAN DAYS
   • Question: Rav maintains that in order to count her seven clean days, it is sufficient for a Zavah to (a) make a Hefsek Taharah on the night before the beginning of the seven clean days, and also (b) perform an examination and find herself clean of blood either on the first day alone or on the seventh day alone. She does not need to examine herself on both the first and seventh days (that is, he does not require "Sefurin Lifaneinu"). The Gemara challenges Rav's opinion from the Halachah of "To'ah." If a woman comes before us after giving birth but she does not know when she gave birth, and thus she does not know when she must perform Tevilah to be Metaher from Tum'as Leidah, we instruct her to perform a series of Tevilos as outlined in the Beraisa. However, she does not have to immerse herself during the first seven days on the chance that she may have given birth after seeing a discharge of Zov, since she is not yet certain that she has experienced seven clean days.

     The Gemara asks that according to Rav, who considers a woman to be Safek Tehorah if she may have experienced seven clean days, even if she is not certain that they were clean days, the Beraisa should require her to immerse on each of the first seven days as well, to satisfy our doubts!

     How is this a question on Rav? In the case of the To'ah, the woman did not perform a Hefsek Taharah and did not establish a Chazakah that she was no longer bleeding. Without such a Chazakah, even Rav agrees that she cannot begin a count of seven clean days! (MAHARSHA)

   • Answer: The MAHARSHA answers that the requirement to perform a Hefsek Taharah and establish a Chazakah that she is not bleeding in order to begin her count of seven clean days is only with regard to becoming Tahor and permitted to her husband, since she must be definitely Tahor in order to permitted to him. With regard to Tevilah due to Safek Taharah (i.e., "Tevilah b'Zemanah Mitzvah"), however, even if she is Safek Tehorah , she must immerse herself. If she did not perform a Hefsek Tehorah she will still be Safek Tehorah , according to Rav, and she should have to perform Tevilah on each of the first seven days in order to fulfill the Mitzvah of Tevilah in its proper time.

69b

2. HALACHAH: HOW MANY DAYS MUST A "ZAVAH" EXAMINE HERSELF? What is the Halachah if a woman today, during her seven clean days, examined herself only on the first day, or only on the seventh day, and not on all seven days?

   In the Gemara, this is the subject of an argument between Rav and Rebbi Chanina. Rav holds that examining herself on the first or seventh day is sufficient. Rebbi Chanina requires her to examine herself on both the first and seventh days.

   1. The ROSH (10:5) writes that since the Gemara discusses the opinion of Rav at length, the Halachah must be like his opinion. Therefore the woman will be Tehorah b'Di'eved if she only examined herself on the first day or on the seventh day. (Even though the Gemara seems to reject Rav's opinion in the end [when it refutes an answer that was offered to a question posed against Rav], the Rosh maintains that this was a "Dichuya b'Alma", to which the Gemara had responses which it did not care to express.)

      The Rosh adds that the RA'AVAD and BA'AL HA'ME'OR both conclude that if she examined herself once in the middle of the seven days, she is also Tehorah b'Di'eved.

   2. TOSFOS (Daf 7b, DH Rebbi Eliezer) rules like Rebbi Chanina. The woman must perform at least two examinations, one on the first day and one on the seventh. This is also the ruling of the Semag and Sefer ha'Terumah.

      HALACHAH: The SHULCHAN ARUCH (Yoreh Deah 196:4) writes that l'Chatchilah, a woman must examine herself on every one of the seven days twice each day, once in the morning and once in the evening. (Based on a citation of the TUR from SEFER HA'TERUMAH.)

      If the woman examined herself only on the first day or only on the seventh day, the Shulchan Aruch cites both opinions ((a) and (b)) quoted above. The implication is that we should take into account the more stringent opinion and require a minimum of two examinations, one on the first day and one on the seventh.

      The DAGUL MEREVAVAH points out that the first examination does not have to be on the first day, but may also be on any of the first six days, since the reason that a single examination on either the first or seventh day does not suffice is that too many days have passed in between without an examination. Performing an examination anytime within the first six days will solve this problem. (It is not clear, however, why this will suffice. According to Rebbi Chanina, it ought to be necessary to check specifically on the first day in order to establish a Chazakah that she is clean for the next six days. The Dagul Merevavah should have said that the first examination must be on the first day, while the second examination may be on any other of the seven days -M. Kornfeld.)

      The SHACH (192:2) rules that a bride who is preparing to immerse for the first time before her marriage) may be lenient and rely on a single examination, if necessary.

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