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Steinsaltz

And Levi taught similarly in a baraita: If a woman examined herself on the seventh day of menstruation and found herself to be impure, and she did not perform the examination to confirm her transition from ritual impurity to ritual purity, and after several days she examined herself, whether she examined herself and found herself to be ritually pure or whether she examined herself and found herself to be ritually impure, she is an uncertain greater zava.

§ The mishna teaches: But she transmits ritual impurity to the ritually pure items that she handled before the examination in which she found blood for a twenty-four-hour period. The Gemara suggests: Let us say that it is a conclusive refutation of the opinion of Rava, as Rava said, with regard to the statement in the mishna on 38b that a woman has a presumptive status of ritual purity during the eleven days of potential ziva: This serves to say that a woman does not transmit ritual impurity for a twenty-four-hour period before experiencing bleeding during her days of ziva.

The Gemara asks: But didn’t the Gemara already cite a conclusive refutation of the opinion of Rava one time, on 39a? The Gemara explains that this is what we are saying: Let us say that there is a conclusive refutation of the opinion of Rava from this mishna as well.

The Gemara responds that Rava could have said to you that when the mishna teaches: She transmits ritual impurity for a twenty-four-hour period, it is referring to the beginning of our chapter. Specifically, it is speaking of the mishna on 64b, which discusses the case of a young woman who saw menstrual blood before marriage while she was still in her father’s house. According to Beit Hillel she may engage in intercourse only the first night, during which the blood is considered the blood from the torn hymen rather than the blood of menstruation. This mishna is teaching that from that point onward, when she experiences bleeding she renders items impure retroactively for a twenty-four-hour period, like other women.

The Gemara explains that this ruling is necessary, as it might enter your mind to say that since her cycle of menstruation and ziva is interrupted by days when any blood she discharges is considered to be ritually pure, she now reverts back as though it is considered like the beginning of her days of menstruation, and she does not transmit ritual impurity retroactively for a twenty-four-hour period. Therefore, this mishna teaches us that she does transmit impurity retroactively.

§ The mishna teaches: And if she has a fixed menstrual cycle on the day that she examined herself and found blood, her time is sufficient and she does not transmit impurity retroactively. The Gemara asks: Shall we say that this is a conclusive refutation of the opinion of Rav Huna bar Ḥiyya, with regard to the ruling he says that Shmuel says? As Rav Huna bar Ḥiyya says that Shmuel says, with regard to the mishna on 38b that teaches that a woman has a presumptive status of ritual purity during the eleven days of potential ziva: This serves to say that a woman does not establish a fixed menstrual cycle during her days of ziva.

The Gemara answers that Rav Huna bar Ḥiyya could have said to you: When we say that a woman does not establish a fixed menstrual cycle during her days of ziva, we meant this only as a leniency, that she does not require three times to uproot any such cycle. Rather, she uproots it after one time when she does not experience bleeding in accordance with that cycle. As we say that her menstrual blood is removed during her days of ziva, and she is unlikely to discharge menstrual blood during that time. And since her blood is removed, if she established a fixed menstrual cycle it is sufficient for her to be deemed impure from the hour that she saw the menstrual flow. There is no decree of retroactive impurity on items that she previously touched due to the concern that the blood flow might have started earlier.

§ The mishna teaches that Rabbi Yehuda says: With regard to any woman who did not perform the examination indicating her transition from ritual impurity to ritual purity on the seventh day from minḥa time onward, even if she performed an examination and found no blood that morning, the presumptive status of that woman is one of ritual impurity. It is taught in a baraita that the Rabbis said to Rabbi Yehuda: If the halakha had been that a woman who will immerse must keep her hands placed in her eyes, a euphemism for her vagina, for the entire twilight period, what you say is fine. It would be reasonable to assume that since she did not examine herself at the end of the day she has a presumptive status of ritual impurity.

But now that you say that it is insufficient to examine herself in the morning, what is your reasoning? Evidently, you say that when she removed her hand from examining herself perhaps she saw blood and is impure. If so, what difference is it to me if she performed the examination indicating her transition from ritual impurity to ritual purity on the seventh day from minḥa time onward, and what difference is it to me if she performed the examination indicating her transition from ritual impurity to ritual purity on the first day of her counting?

The Gemara asks: Why do the Rabbis mention an examination on the first day of her counting? Is there one who said that if a woman examines herself only on the first day that is sufficient?

The Gemara answers: Yes, there is such an opinion, as it is taught in a baraita that Rabbi Yehuda HaNasi says: I asked Rabbi Yosei and Rabbi Shimon the following question when they were walking on the road: With regard to a menstruating woman who examined herself on the seventh day in the morning and found herself to be ritually pure, but at twilight she did not perform the examination indicating her transition from ritual impurity to ritual purity, and after several days she examined herself and found herself to be ritually impure, what is the halakha?

Rabbi Yosei and Rabbi Shimon said to him: She has a presumptive status of ritual purity up until the moment that she discovered that she was impure. Rabbi Yehuda HaNasi asked them additional questions: If she examined herself on the sixth day, or the fifth day, or the fourth day, or the third day, or even the second day, what is the halakha? Rabbi Yosei and Rabbi Shimon said to him: The halakha is no different. In all of these cases she has a presumptive status of ritual purity until she discovers that she is impure.

Rabbi Yehuda HaNasi comments: I did not ask about a woman who examined herself on the first day, and I erred in that I did not ask them. If I would have asked them they would have told me that even if she examined herself only on the first day, she still has a presumptive status of ritual purity. Rabbi Yehuda HaNasi explains his reasoning: Is that to say that on all of these other days she was not standing with a presumptive status of ritual impurity? And nevertheless, once she performed the examination and her blood is found to have stopped, it is considered to have stopped, and she now has the presumptive status of a woman whose bleeding has stopped. If so, on the first day too, once she performed the examination and her blood is found to have stopped, it is considered to have stopped, and she now has a presumptive status of a woman whose bleeding has stopped.

The Gemara asks: And initially, what did Rabbi Yehuda HaNasi hold? Why didn’t he ask them about a woman who examined herself only on the first day? The Gemara answers that he held that since she has a presumptive status that her spring, i.e., her uterus, is open, as she had just begun experiencing bleeding, an examination conducted on that day is ineffective. In any event, this baraita teaches that there is an opinion that even if a woman examined herself only on the first day, she has a presumptive status of ritual purity.

MISHNA: With regard to a zav and a zava, who are required to count and examine themselves on each of seven clean days before purification in a ritual bath, who examined themselves on the first day and found themselves ritually pure, i.e., with no blood, and they examined themselves on the seventh day and found themselves ritually pure, and on the rest of the intervening days they did not examine themselves, Rabbi Eliezer says: The presumptive status of the zav and the zava is one of ritual purity. Rabbi Yehoshua says: In that case, the zav and the zava have counted only the first day and the seventh day, two of the seven clean days, and they must count another five days to complete the tally. Rabbi Akiva says: The zav and the zava have counted only the seventh day, and they must count another six days to complete the tally.

GEMARA: It is taught in a baraita that Rabbi Eliezer said to Rabbi Yehoshua: According to your statement, that the first day is included in her count of seven, you are counting at intervals, i.e., with days in-between that do not count, and the Torah states: “But if she be purified of her ziva, then she shall count to herself seven days, and after that she shall be pure” (Leviticus 15:28). This teaches that the purification of a zava must be after the seven days, i.e., after all of the days, which must be consecutive so that there are no days of impurity separating between the seven clean days.

Rabbi Yehoshua says: And you too, do you not concede with regard to a zav who experienced a seminal emission during his count of seven clean days, and with regard to a nazirite who walked under overhanging boughs and protrusions that have items whose status of impurity is uncertain beneath them, that they count at intervals, as both are impure for one day before resuming their counting? And yet the Torah states with regard to a nazirite who definitely contracted ritual impurity from a corpse: “But the former days shall be void, because his consecration was defiled” (Numbers 6:12). This indicates that even in cases where the Torah says that one must count consecutively, it is permitted to count with intervals in between countings.

And how would Rabbi Eliezer respond to Rabbi Yehoshua’s claim? He would say: Granted, there in the cases of the zav and the nazirite, the Merciful One states: “This is the law of him that has an issue, and of him from whom an emission of semen goes out, so that he is thereby impure” (Leviticus 15:32). This teaches that when a zav experiences a seminal emission it overturns the counting of only that one day. And if one would claim that the Sages should issue a decree due to the concern that one might confuse the halakha of one who had an emission of ziva during the seven clean days with a zav who had a seminal emission during the seven clean days, that is not a concern. The reason is that an emission of a ziva will not be confused with the case of one who experienced a seminal emission.

Similarly, Rabbi Eliezer would say that in the case of a nazirite who walked under overhanging boughs and protrusions that have items whose status of impurity is uncertain beneath them, there is also no need to overturn all the previous days of counting, as by Torah law we require a full-fledged tent over a corpse, and it was the Sages who decreed that one who walks under overhanging boughs and protrusions is ritually impure. And a halakha that applies by rabbinic law will not be confused with a halakha that is mandated by Torah law.

But here, in the case of a zava who counts only the first and seventh day, if we are concerned that as she did not count the five intermediate days perhaps she saw blood during those days, and since what occurred on those days is uncertain, only the first day counts for her, then one might come to confuse this situation with a case where she is certain that she saw blood during the intermediate days. One might mistakenly think that even if she definitely experiences bleeding during the intermediate days she can still count the first day as one of her seven clean days before immersing.

It is taught in a baraita that Rabbi Yosei and Rabbi Shimon say: The statement of Rabbi Eliezer appears more correct than the statement of Rabbi Yehoshua, and the statement of Rabbi Akiva appears more correct than the statement of all of them. But nevertheless, the halakha is in accordance with the opinion of Rabbi Eliezer.

§ A dilemma was raised before the Sages: With regard to a zav and a zava who examined themselves on the first day of their seven clean days and found themselves to be pure, and they examined themselves again on the eighth day and found themselves to be pure, but they did not examine themselves on the remainder of the days,

Talmud - Bavli - The William Davidson digital edition of the Koren No=C3=A9 Talmud
with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0)
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