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Nidah 25

  1. "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.


    1. 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.

    2. 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.

    3. 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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