009 - הִלְכוֹת אִסּוּרֵי בִּיאָה פֵּרֶק ט

Laws of Issurei Bi'ah, Chapter 9

1. A woman does not become tamei by Torah law, either as a niddah or as a zavah, until she feels the flow, sees blood, and it goes out into her flesh, as we have explained; and she is tamei only from the time she sees and onward. If she did not feel it, but examined herself and found the blood inside, in the prozdor, it is presumed to have come with sensation, as we have explained.

2. By the words of the Sofrim (Rabbinic law), any woman who sees a ketem (bloodstain) of blood on her flesh or on her clothes—even though she did not feel anything, and even though she examined herself and found no blood—is tamei, as if she had found blood inside her flesh. This tumah is a matter of doubt, for perhaps this stain came from the blood of the cheder.

3. Likewise by the words of the Sofrim, any woman who sees blood not at the time of her veses (her fixed period), and any woman who sees a ketem, is tamei retroactively, up to twenty-four hours. If she examined herself within this time and found herself tahor, she is tamei retroactively only back to the time of the examination. Even though she is tamei retroactively by their words, she does not make the man who had relations with her retroactively tamei, as we have said; and she counts for her niddah or for her ketem only from the time she saw the blood or found the stain. Any woman who sees a ketem is "disrupted," for perhaps it came from the cheder and her veses has become disrupted.

4. A woman who sees blood at the time of her veses does not become tamei retroactively, but only from that moment. Likewise a pregnant woman, a nursing woman, a besulah, and an old woman—their time is sufficient for them, and they do not become tamei retroactively. Who is considered pregnant? From when her fetus is recognizable, three months. Nursing: the entire twenty-four months, even if her child died, or she weaned him, or gave him to a wet nurse.

5. A besulah: any girl who has never seen blood in her life, even if she saw blood on account of marriage or on account of childbirth. An old woman: any woman over whom ninety days have passed close to her old age. And what is her old age? Whenever people call her "old woman" and she does not object. For a pregnant woman, a nursing woman and an old woman, their ketem is like their seeing, and it does not make them tamei retroactively. A besulah who has never seen blood and is still a ketanah (a minor)—her ketem is tahor until she sees blood at three periods.

6. What is the difference between a stain found on her flesh and a stain found on her clothes? A stain found on her flesh has no minimum size. One found on the garment does not make her tamei unless it is the size of a Cilician bean (gris hakilki), which is square and holds nine lentils, three by three. If it was less than this measure, she is tahor. If it was found as separate drops, they do not combine; if it was elongated, it combines.

7. A stain found on something that is not susceptible to tumah is tahor, and she need not be concerned about it. How so? If she sat on stone vessels, vessels of earth, or vessels of dung, or on fish skin, or on the back of an earthenware vessel, or on a cloth less than three fingerbreadths by three fingerbreadths, and blood was found on them—she is tahor. Even if she examined the ground and sat on it, and when she stood up a stain was found on the ground, she is tahor; for the Sages did not decree concerning a stain found on anything that is not susceptible to tumah. And even on something susceptible to tumah, only if it was white; but in colored garments one is not concerned about a stain found on them. Therefore the Sages instituted that a woman should wear colored garments, to save her from the laws of stains.

8. Not wherever blood is found on her flesh does she become tamei on account of a ketem, unless it is found opposite the beis toref (the private area). How so? If it is found on her heel, she is tamei, for perhaps it touched the beis toref while she sat. Likewise if it is found on her shin, or on her feet on the inner side—these being the places that touch each other when she stands and presses foot to foot and shin to shin—she is tamei. If it is found on the tip of her big toe, she is tamei, for perhaps it dripped from the cheder onto her foot as she walked. Likewise any place onto which her niddah blood could spurt as she walks, if blood is found there, she is tamei. Likewise if blood is found on her hands, even on the knuckles of her fingers, she is tamei, for hands are busy. But if the blood is found on her shin or on her feet on the outer side, or on the sides—and needless to say if it is found from the thighs upward—she is tahor, for this is only blood that spurted onto her from somewhere else.

9. A stain found on her flesh that was long like a strap, or round, or in separate drops, or whose length ran across the width of her thigh, or that looked as if it went from below upward—since it is opposite the beis toref, she is tamei. We do not say, "Had it dripped from the body, it would not look like this"; for any blood found in these places is treated stringently, even though it is a doubt.

10. A stain found on her chaluk (undergarment): from the belt downward, she is tamei; from the belt upward, she is tahor. If it was found on her sleeve—if the sleeve reaches opposite the beis toref, she is tamei; and if not, she is tahor.

11. If she used to take it off and cover herself with it at night, wherever the blood is found on it, she is tamei. Likewise her belt: wherever the blood is found on it, she is tamei.

12. If she wore one garment, and it stayed on her for three days or more not at the time of her niddah, and she examined it and found on it three stains, or one large stain that has the measure of three stains—she is a safek zavah (possible zavah), for perhaps a stain dripped from her each day. Likewise, if she wore three examined garments, and they stayed on her for three days during her days of zivah, and she found a stain on each one of them—even though they lie opposite each other—she is a safek zavah.

13. If she found one stain that does not have the measure of three stains: if she examined herself throughout bein hashmashos (twilight) of the first day and found herself tahor, but did not examine her garment, and on the third day she found this stain which is not the size of three stains—she need not be concerned about zivah. But if she did not examine herself throughout bein hashmashos, then since she did not examine her garment, and it stayed on her for three days during her days of zivah, she must be concerned about zivah, even though the stain does not have the measure of three stains.

14. If she found a stain on her garment today, and afterward saw blood two days one after the other; or she saw blood for two days, and on the third day found a stain—she is a safek zavah.

15. A woman who sees a stain and afterward sees blood attributes her stain to her seeing for a full mei'es le'eis (twenty-four hours)—whether she examined herself when she found the stain and found herself tahor, or did not examine. But a woman who sees one stain after another within twenty-four hours does not attribute stain to stain unless she examined herself between them; for if she established purity between the stains, they do not combine toward the count of zivah.

16. How so? If she saw a stain on Erev Shabbos in the first hour of the day—even though she did not examine herself and does not know whether she is tahor or tamei—and afterward she saw blood, up to the first hour of Shabbos day, she does not count for the stain, but attributes the stain to the seeing; and if she then saw on Sunday and on Monday, she is a zavah. If she saw the blood on Shabbos day in the second hour, she is tamei for two days—Erev Shabbos, on which she found the stain, and Shabbos, on which she saw the blood—for the two are not within twenty-four hours. And if she saw blood on Sunday, she must be concerned about zivah.

17. If she did not see blood on Shabbos, but saw another stain in the first hour of Shabbos day: if she examined herself on Erev Shabbos and found herself tahor, she counts only for the other stain, which is on Shabbos, since both are within twenty-four hours. If she did not examine herself, and does not know whether she established purity between them or not, she counts Erev Shabbos; and if she saw on Sunday, she must be concerned about zivah.

18. If she saw the second stain in the second hour of Shabbos day—whether she examined herself or not—she is tamei for two days, for the two are not within twenty-four hours; and if she saw on Sunday, after twenty-four hours, she must be concerned about zivah. If she saw a third stain in the first hour of Sunday: if she established purity between them, they do not combine and she need not be concerned; and if she did not examine herself, she must be concerned about zivah.

19. Any stain on account of which we said she is tamei—if she has something to attribute it to and say, "Perhaps this stain is from such-and-such"—if it was found on the garment, she is tahor; for the Sages did not speak of this matter to be stringent, but to be lenient. If it was found on her flesh, in a case of doubt she is tamei and she does not attribute it. But if she had more reason to attribute a stain on her flesh than on her garment, she attributes it even on her flesh, and in a case of doubt she is tahor.

20. How so? If she slaughtered a domestic animal, a wild animal or a bird; or she handled bloodstains; or she sat beside those handling them; or she passed through the butchers' market—and blood was found on her garment, she is tahor, and she attributes the stain to these things from which it came.

21. If the stain was found on her flesh alone, even from the belt upward, she is tamei; for had this blood come from the slaughtering or from the market, it would have been found on her clothes. Since it was found on her flesh and not on her garment, she is tamei.

22. If she had a wound—even though it has healed—if it can burst open and bleed, and blood was found on her flesh, she attributes it to the wound; and likewise in all similar cases.

23. If the stain was found on her garment and her flesh together, she attributes it to anything she has to attribute it to. She also attributes it to a louse: perhaps when she sat down a louse was killed, and this blood is the blood of a louse. Up to what size? Up to the size of a gris. But if she found the stain larger than a gris, she does not attribute it to a louse; and even if a crushed louse was found in the stain, since it is larger than a gris, she does not attribute it to the louse.

24. Likewise she attributes it to her son or to her husband, if they were occupied with blood, or their hands were soiled with it, or they had a wound. She attributes it and says, "They touched me and I did not know, and this blood is from them."

25. We do not presume that blood moved from place to place in order to attribute to it. How so? If she had a wound on her shoulder and a stain was found on her shin, we do not say, "Perhaps she touched the wound with her hands and then touched this place." And so in all similar cases, one does not attribute, whether on her body or on her garment.

26. Two women who handled one bird which had only a sela's worth of blood, and a stain the size of a sela was found on each of them—both are tamei. If she handled blood from which there could be a stain only the size of a gris, and a stain the size of two grisin was found on her, she attributes the size of one gris to the blood she handled and the size of one gris to a louse. If the stain was larger than two grisin, she is tamei.

27. If she handled something red, she does not attribute black to it. If she handled a bird that has many shades, and one of those shades was found on her, she attributes it to the bird. If she was wearing three garments: if she is able to attribute, she attributes even a stain on the lowest; and if she is not able to attribute, she does not attribute even one on the uppermost. How so? If she passed through the butchers' market, even though the stain was found on the lowest garment alone, she attributes it to the butchers' blood. If she did not pass through the butchers' market or the like, even though the stain was found on the uppermost alone, she is tamei. If it is in doubt whether she passed or did not pass, or whether she handled or did not handle—she does not attribute.

28. In a city in which there are pigs, or to which they come regularly, one is not concerned about stains found on the garment.

29. A woman who lent her garment to a niddah, whether a non-Jewish woman or a Jewish woman, and then wore it again before examining it, and found a stain on it—she attributes it to the niddah who wore it. If she lent it to a zavah ketanah on her day of tumah, or to a woman observing the days of dam tohar (the pure blood after childbirth), or to a besulah whose blood is tahor—she attributes it to her. But if she lent it to a zavah ketanah on her day of watching, or to a zavah gedolah during her seven clean days, and then wore it again before examining it, and a stain was found on it—both are disrupted, the borrower and the lender: perhaps it is from this one, perhaps from that one. If she lent it to a woman observing tumah on account of a stain, she does not attribute it to her, for one does not attribute a stain to a stain.

30. If she examined her garment and examined herself and found herself tahor, and lent the garment to her friend, who wore it, and a stain was found on it when she returned it to her—the borrower is tamei, and she does not attribute it to the owner of the garment, for the owner had examined it before lending it to her.

31. A tall woman who wore a short woman's garment, and a stain was found on it: if it reaches opposite her beis toref, she is tamei; and if not, she is tahor, for this stain is the short woman's.

32. Three women who wore one garment one after the other, and afterward a stain was found on it; and likewise if they slept in one bed together, and blood was found under one of them—all are tamei. If one of them examined herself immediately and found herself tamei, the other two are tahor.

33. If they all examined themselves and found themselves tahor, the one who is not fit to see blood attributes it to the one who is fit, and the one who is not fit is tahor and the one who is fit is tamei. How so? If one was pregnant and one not pregnant, the pregnant one is tahor and the one who is not pregnant is tamei. A nursing woman and one who is not nursing—the nursing one is tahor. An old woman and one who is not old—the old woman is tahor. A besulah and one who is not a besulah—the besulah is tahor. If all of them were pregnant, all old, all nursing, or all besulos—all are tamei.

34. Three women who got into a bed by way of its foot and all slept, and blood was found under the middle one—all three are tamei. Under the innermost—she and the one beside her are tamei, and the outermost is tahor. Under the outermost—she and the one beside her are tamei, and the innermost is tahor. If they did not get in by way of the foot of the bed—for then they have no order—and blood was found under one of them, all are tamei.

35. When does this apply? When they all examined themselves and found themselves tahor, and none of them can attribute it to her friend, as we have explained. But if one examined herself and found herself tahor, and her friend did not examine herself, the one who is tahor attributes it to the one who did not examine, and the one who did not examine is tamei.

36. Any stain found on a garment that has nothing to which it can be attributed does not make her tamei unless it is known to be blood. If they are in doubt whether it is blood or red dye, they pass these seven substances over it, in order: if it disappeared or its color faded, it is a bloodstain and she is tamei; and if it remained as it was, it is dye and she is tahor.

37. These are the seven substances, in their order: tasteless saliva; the chewing of split beans; urine that has fermented; neter (natron); boris; kimonia; and ashlag. One must rub three times with each and every substance, moving it back and forth with each rubbing. If he applied them out of order, or applied them all at once, he has done nothing. If he applied the later ones before the earlier ones, those he applied last, which are the earlier ones, count for him, and he then applies again after them the later ones that he had applied first, until the seven have passed over it in order.

38. What is tasteless saliva? One who has tasted nothing from the beginning of the night, and slept through the entire latter half of the night—the next morning, before he eats, his saliva is called tasteless. This is provided that he has not spoken most of his speech until three hours into the day; but if he rose early and reviewed his learning before three hours, it is not tasteless saliva, for speech cancels the strength of the saliva and makes it like water. What is the chewing of split beans? He chews the split beans until a great deal of saliva from his mouth mixes with the bean. What is urine that has fermented? After three days or more.

39. Any woman who is tamei on account of a ketem: if she found the stain during her days of niddah, she is a safek niddah, and she observes seven days on account of it, immerses on the night of the eighth, and afterward she is permitted to her husband. If she found it during her days of zivah, she is a safek zavah gedolah or ketanah, as has been explained in this chapter; and she observes one day if she was a ketanah, or seven clean days if she was a gedolah, out of doubt. All this is by the words of the Sofrim, as we have explained. Therefore one who has relations with her deliberately is given makas mardus (Rabbinic lashes), and they are exempt from a korban.