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Nidah 12

1. THE DONKEY-DRIVER WHO RETURNS HOME
   • Question: Shmuel rules that a woman who has a Veses must perform a Bedikah prior to Tashmish only if her husband finds her awake. A woman with no Veses must even be awakened, if she is sleeping, to perform a Bedikah prior to Tashmish. The Gemara concludes that this is only true for a woman who is frequently involved with Taharos.

     The Gemara poses a question on Shmuel's statement from a Beraisa. The Beraisa tells us that when a donkey driver returns home from his journeys, his wife may be assumed to be b'Chezkas Taharah and therefore does not need a Bedikah prior to Tashmish, whether she is awake or not. Why is this a question on Shmuel? Perhaps the wife of our donkey driver was not frequently involved with Taharos, and that is why she is not required to perform a Bedikah prior to Tashmish! (TOSFOS DH Shmuel)

   • Answer: TOSFOS and the Rishonim answer that the Gemara inferred from the wording of the Beraisa that it is dealing even with a woman who is often involved with Taharos. Why did the Beraisa state both that the wife of the donkey driver "is b'Chezkas Taharah," and that "the donkey driver may come and be with his wife, whether she is awake or asleep?" Wouldn't the first part (she is b'Chezkas Taharah) suffice?

     From the fact that the Beraisa added these extra words the Gemara learned that Beraisa is more all-encompassing. Even if the wife was frequently involved with Taharos, she is still permitted to her husband without a Bedikah.

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