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Nidah 25
- "YEMEI TOHAR" AFTER A BIRTH, TODAY
[1] HALACHAH: "TAHOR" OR "TAMEI?"
According to Torah Law, a woman does not become Temei'ah if she sees blood
during Yemei Tohar. However, the RAMBAM (Hilchos Isurei Bi'ah 11:6)
mentions that the Ge'onim decreed that a woman should be considered
Temei'ah when she sees even the smallest amount of blood during Yemei
Tohar. He concludes (ibid. 11:7) that in practice, whether or not blood
seen during Yemei Tohar makes a woman Tamei is dependent upon the custom of
the country. In France they permitted a woman to her husband if she had a
show of blood during Yemei Tohar while in other places they were Machmir.
Halachah: The Rema (Yoreh Deah 194:1) rules that the accepted custom is to
follow the Chumra of the Geonim. The VILNA GAON quotes the RASHBA, who
explains that the Ge'onim prohibited a woman who saw blood during Yemei
Tohar due to the possibility that her baby's head left the womb and entered
the Prozdor (causing it to be considered "born" from a Halachic standpoint)
a few days before the birth, and therefore the Yemei Tohar may have started
earlier and may already have ended.
[2]
THE BLESSING RECITED ON A "TEVILAH" DURING "YEMEI TOHAR"
OPINIONS:
- The DAGUL M'REVAVAH (ibid.) rules that if a woman immersed after her
Yemei Tum'ah and saw blood during her Yemei Taharah, although she must
count seven clean days like any other Nidah (see above, [1]), she should
not recite a Berachah when she goes to the Mikvah since her Tevilah is
based on the custom of observing the Geonim's Chumra, and it is not a
Mitzvah d'Oraisa or d'Rabanan.
- The TESHUVAH M'AHAVAH (68) mentions that he discussed at length the
question of whether or not to recite a blessing on such a Tevilah, with his
Rebbi, the Noda b'Yehudah (author of Dagul M'Revavah). He reports that his
Rebbi offered no clear ruling as to whether to make a Berachah or not.
- The CHASAM SOFER (YD #191) rules that since the custom is to treat
blood seen during Yemei Tohar as Dam Tamei, we should recite a Berachah on
its Tevilah just as we do on all other customs, e.g. Hallel on Rosh Chodesh
etc. (This appears to be the Halachic ruling.)
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