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Nidah 36


QUESTION: The Gemara asks, according to Levi (who holds that Dam Tahor and Dam Tamei come from two separate sources), why are a full three months necessary to make a nursing woman Mesulekes Damim? According to Levi, even the shortest break after Yemei Tum'ah should suffice (so that the source of Dam Tamei should cease to discharge blood, and the source of Dam Tohar will open up instead). Blood seen during Yemei Tohar should not be considered Dam Nidah!

How can the Gemara assume with certainty that one of the Onos that the woman must miss in order to be considered Mesulekes Damim will happen to be during the Yemei Tohar? Perhaps the Beraisa is dealing with a woman who has an unusually long Onah, which entirely skips her Yemei Tohar. That is why the Yemei Tohar do not help her become Mesulekes Damim faster.


(a) The ARUCH LA'NER (10b) suggests that the Beraisa means that a woman is Mesulekes Damim if she misses three Onah *Beinonis* (30 days) periods. One such Onah obviously must occur during Yemei Tohar, which are longer than 30 days.

(b) The Maharsha (Nidah 10b) contends that if a woman has an Onah that is longer than 30 days, three *such* Onos must pass before she is considered Mesulekes Damim. The Chachmas Betalel explains that according to the Maharsha, the Gemara's question must be interpreted as follows: From the Beraisa it would appear that *every* woman, even one with a shorter Veses, must be not see blood during the Yemei Tohar. If the woman's Veses occurs during Yemei Tohar, why must she not see blood?

OPINIONS: The Mishnah rules that if a woman experiences bleeding during labor, it does not make her a Zavah, unless her labor stops for 24 hours between the bleeding and the birth. Chananya, nephew of Rebbi Yehoshua, adds that "if the woman labored on the third day of bleeding, even she has no labor pains the entire [rest of the] day, she is not a Zavah." On what point does Chananya disagree with our Mishnah?
(a) Rashi (37b, DH Ha Ka Mashma Lan) seems to explain that Chananya means to concur with the opinion of Rebbi Yehoshua, in our Mishnah. The ceasing of labor makes a woman into a Zavah only if she ceases labor from sunset to sunset, and not if she simply has a 24-hour pause in her labor.

(b) This is difficult to reconcile with Chananya's wording, however, since his wording is not at all similar to that of Rebbi Yehoshua in the Mishnah. Also, the Gemara (37b) seems to present his opinion as an independent opinion, not mentioned in our Mishnah. The Rishonim (RAMBAN, RASHBA, RITVA) therefore explain that Rebbi Chanina is teaching another Halachah entirely. According to Chananya, a one day cease of labor indeed makes a woman a Zavah Ketanah if it followed one or two days of bleeding. However, after a woman bleeds with labor pains for even one minute of the third day, a 24-hour cease of labor no longer makes her a Zavah. She will not become a Zavah Gedolah unless she continues to bleed without any labor pains for another three consecutive days. The Rishonim explain that this is Rashi's intention (36b DH Kol, see Aruch la'Ner who justifies their approach) as well.

(c) The RAMBAM (Isurei Bi'ah 6:4, as explained by the Chasam Sofer and the Aruch la'Ner) explains that according to Chananya, a painless birth is the same as labor pains preceding a birth. That is, if a woman had labor pains during the first two days of bleeding and gave birth, albeit painlessly, on the third day of bleeding, the birth is equivalent to labor pains and the woman is Tehorah. This is what Chananya meant by referring to a woman "who expereinced labor on the third day, even though she had no pains on the third day." What labor does not involve labor pains? Giving birth.


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