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THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
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- "YEMEI TOHAR" AFTER A BIRTH, TODAY
 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.
THE BLESSING RECITED ON A "TEVILAH" DURING "YEMEI TOHAR"
- 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, ), 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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