Comentario sobre Niddah 1:11

שמאי אומר כל הנשים דיין שעתן- since Rabbi Eliezer states (see Mishnah 3 of this chapter): “Four women [fall into the category of those for whom the] time [of first seeing blood] suffices,” it is also taught [here]: “Shammai states: For all women [it is] sufficient for them [to reckon uncleanness from] their time [of discovering a flow],” to exclude from [the statement] of Rabbi Eliezer.

Introduction Today's mishnah deals with a woman who discovers that she has had her menstrual period but is not sure when it began. The question is at what point does she have to assume that she was already impure such that the things that she touched must be considered impure?

דיין שעתן – women who see blood know their time to make unclean/defile people who were pure who came in contact with them at the time of their seeing [blood] and onward, and we don’t say from before this also there was blood and the sides/walls of the womb preserved it and that she was [ritually] impure beforehand, for all women defile in the vagina and even though blood did not come outside, as it is written (Leviticus 15:19): “[When a woman has a discharge,] her discharge being blood from her body, [she shall remain in her menstrual impurity seven days; whoever touches her shall be impure until evening,],” even though it is in her body and did not come outside, she is impure. And the reason of Shammai is that he was not concerned that perhaps before this there was blood, for if you say that certainly he (i.e., the husband) may always have scruples at the time of sexual intercourse and separate himself entirely from his wife (see Tractate Niddah 3b) and it is found that he would make the daughters of Israel idle from [the commandment] of “being fruitful and multiplying.”

Shammai says: for all women it suffices [to reckon] their [period of uncleanness from their time [of discovering the flow]. Hillel ruled: [their period of uncleanness is to be reckoned retroactively] from the [previous] examination to the [last] examination, even if this was many days. The sages say: [the law is] not like the words of these or the words of those, but [the women are deemed to have been unclean] during [the preceding] twenty-four hours when this lessens the period from the [previous] examination to the [last] examination, and during the period from the [previous] examination to the [last] examination when this lessens the period of twenty-four hours. There are three different opinions as to how far back a woman (who does not have a regular menstrual cycle) must assume she was impure after she has discovered her period. Shammai is most lenient. She is considered impure only from the moment in which she discovers that she has had her period. If, for instance, she discovered her period in the afternoon, the pure things that she touched in the morning remain pure. Hillel rules most strictly. She is reckoned impure from the last time that she checked herself, even if it has been many days. Hillel is concerned that immediately after her last clean check (when she didn't find that she was bleeding) she began to bleed and just didn't notice it. Therefore, anything she has touched since the last clean check must be considered defiled. The sages' opinion falls somewhere in between the two. There are two time periods that play into account twenty-four hours and the last clean examination. A woman cannot be retroactively considered unclean for more than 24 hours. She also is clean from the last time she had a clean examination. She is therefore considered unclean from whatever is the lesser of the two. If she examined herself in the morning and found herself clean and then discovered her period in the evening, anything she touched after the clean examination is unclean. But if she examined herself on Sunday morning and then found herself unclean on Monday evening, only the things that she touched over the last 24 hours are considered impure.

מפקידה לפקידה (from the present examination to the last one) – she examined herself today and found herself to be [ritually] pure, but she examined herself at the end of the week and found herself to be [ritually] impure. We are concerned about her contact from the first examination and onwards, lest at the moment she removed her hands, he saw her and the sides of the womb preserved it. But regarding being idle from engaging from “being fruitful and multiplying” we are not concerned, for specifically for [ritually] pure women is that we make them unclean from the present examination to the last one, but not for her husband. But Shammai states, that we also don’t make [ritually] pure women unclean, for if so, he (i.e., the husband) may always have scruples at the time of sexual intercourse and separate himself also from sexual relations [with his wife].

For any woman who has a regular period it suffices [to reckon her period of uncleanness from] the time she discovers the flow. All of the above refers only to a woman who has not established a regular menstrual cycle. If she has a regular cycle, she defiles things only from the time in which she discovered that she was menstruating.

לא כדברי זה – Shammai who is more lenient and doesn’t make a fence for his words.

And if a woman uses rags when she has marital intercourse, this is like an examination which lessens either the period of the [past] twenty-four hours or the period from the [previous] examination to the [last] examination. A woman who cleans herself with rags after sexual intercourse is considered to have examined herself. If she doesn't find blood on the rags, and then sees blood later, she defiles only the things that she has touched since she cleaned herself with these rags. In other words, although the purpose of these rags is not for self-examination, since blood would be noticed, it counts as an examination.

ולא כדברי זה – Hillel who is much too stringent, for certainly all those many days, we don’t maintain the sides/walls of the womb with blood.

מעת לעת ממעטת על יד מפקידה לפקידה (the term of twenty-four astronomical hours – of retrospective uncleanness – reduces the term of the interval from one examination to the other – i.e., we go by the shorter term whichever it may be) – two times that were mentioned regarding a woman to defile those who are pure retroactively, and we go according to the more lenient that is in both of them. If the period from the present examination to the last one is greater than the period of twenty-four astronomical hours, follow after the period of twenty-four astronomical hours and she does not defile other than those pure individuals that she came in contact with from yesterday at this time. But if the period of twenty-four astronomical hours is greater than from the present examination to the last one, as for example, she examined herself in the morning and found herself to be pure and in the evening, she found herself to be impure, we do not defile any other than those pure people that were from the examination in the morning and onward. And the reason of the Rabbis, is because the Sages ordained for the daughters of Israel would examine [themselves] I the morning and the evening, in the morning to permit/make fit the purity of the night, and in the evening to permit/make fit the purity of the morning. But if she examined [herself] in the morning and found herself to be pure, and in the evening and found herself to be impure, she lost the purity of the day, and this one [woman] who sat many days and did not examine herself according to the ordinance of the Sages, she lost one additional period, because of a fine, and in order to make the standards of the Sages consistent, so that there will be no dispute between whether she examined herself in the morning and where she examined herself in the afternoon, they did not want to distinguish or to eliminate or to add at the time. And they provided a fixed time, a period of twenty-four astronomical hours, to not have a rule that would vary according to circumstance [and not be the same for all. And the Halakha is according to the Sages (see Talmud Niddah 4b).

על יד – after, like )Nehemiah 3:8 – and not as it states, Chapter 3 of Ezra): “Next to them”/ועל ידו החזיק [Uzziel son of Harhiah, of the smiths repaired],” which is like “and after him.”

וסת (regular date/symptoms of menstruation) – fixed , that it was established for her the times of menstruation, and she examined herself at the time of menstruation and found herself to be impure.

דיה שעתה – but we are not concerned that perhaps it was before this time, for certainly menstruation comes at its [set] time.

והמשמשת בעדים – she examined herself with “witnesses,” which are with a sheet prior to sexual intercourse, and after sexual intercourse.

הרי זה כפקידה – In the Gemara (Tractate Niddah 5a) it establishes that our Mishnah teaches two things, and this is what it said: and a piece of cloth used by women for ascertaining their condition of cleanness or uncleanness, that is to say, it is a Mitzvah upon the woman that she should use two pieces of cloth (i.e., literally, two witnesses), one prior to sexual intercourse and one following sexual intercourse. And that is like an examination. And it reduces the term of the interval from one astronomical period of twenty-four hours and through a present examination to a past examination. For you might have thought lest she see a drop of blood like a grain of mustard and it will release an effusion of semen and it will not be like an examination. Therefore, it comes to teach us that this is not the case. But if she had sexual intercourse in the afternoon with “testimony” (i.e., a piece of cloth that she used to examine herself beforehand), and she examined herself afterwards in the evening and found herself to be impure. We do not defile those with purity from her examination in the morning until her sexual intercourse, for behold, at the time of her sexual intercourse she examined herself and found herself to be pure. But even though that she examined herself prior to sexual intercourse it is not considered to be a good examination, for in the midst that she was hurrying to engage in sexual intercourse, she doesn’t bring in/pas the cloth/sheet (i.e., the “witness”) to the holes and slits, an examination with a “witness” (i.e., the cloth or sheet) is a good examination, and is considered like an examination that we mentioned.

היתה יושבת במטה ועסוקה בטהרות – but that it doesn’t teach [in the Mishnah] that she was engaged with [ritual] purity and she arose/turned aside and saw it (i.e., a drop of blood). And it (i.e., the Mishnah) teaches that she was sitting on the bed, to inform/teach us that because she has regular premonitory systems of menstruation and she know her regular date, the bed is also pure, as it is taught, “and all of them are pure.” But if she doesn’t have a premonitory system of menstruation, that we declare her unclean from one astronomical period of twenty-four hours to another, the bed would also be impure, like the uncleanness of a menstruant woman that defiles a more serious uncleanness to defile a man and to defile the clothing that is upon him.

How [does the rule that] it suffices [to reckon her period of uncleanness from] the time she discovers the flow work? This refers to a woman that has a regular menstrual cycle. As we learned in yesterday's mishnah, she is considered to be impure only from the moment in which she observes a blood flow. She doesn’t retroactively defile anything.

אע"פ שאמרו – that a woman who does not have a premonitory system of menstruation renders unclean [whatever she has touched] during the preceding twenty-four hour period.

If she was sitting on a bed and was occupied with ritually clean objects and then she leaves [the bed] and then sees [blood flow] she is unclean but the objects are clean. Although in this case it is exceedingly likely that the blood flow started while she was still in bed, since she has a regular cycle, only the things that she touched after she discovered the blood flow are impure. The bed and any other pure things she touched earlier remain pure. This seems to be a case in which the rabbis rule created an intentional leniency, one that might even be seen as ignoring what likely happened.

אינה מונה – [she doesn’t count] the days of her being a menstruating woman other than from the time that she saw it (i.e., the drop of blood).

Even though they have said that she conveys uncleanness for a period of twenty-four hours [retroactively] she counts [the seven days of her menstruation] only from the time she observed the flow. This section addresses a woman who does not have a regular menstrual cycle and therefore retroactively defiles anything she touched in the 24 hour period before she discovered that she was bleeding. Nevertheless, when it comes to counting the days of her menstruation during which she is impure, she does not count from the earlier time period. She counts from when she noticed that she was bleeding. This is because the 24 hour period is a stringency she may have been bleeding as early at that period therefore anything she touched must be considered impure. But since she only knows that she began menstruating at a later time, she counts her days only from then.

ארבע נשים דיין שעתן – that the don’t regularly see blood.

Rabbi Eliezer says: there are four types of women for whom it suffices [to reckon] their [period of uncleanness from] the time [of their discovering the flow]. A virgin, A pregnant woman, A nursing woman; And an old woman. According to Rabbi Eliezer, there are four types of women who, since it is not common for them to menstruate, need not be concerned lest their menstrual flow started earlier than they discovered it. They defile only the things they touch after they discovered that they were bleeding. The following mishnayot will elaborate more on each of these women.

אבל הלכה כרבי אליעזר – and this is what comes out from the Gemara (Tractate Niddah 7b) that the Halakha is according to Rabbi Eliezer.

Rabbi Joshua says: I have only heard [the ruling applied to] a virgin, but the halakhah is in agreement with Rabbi Eliezer. Rabbi Joshua initially seems to adopt a traditional approach here. He restricts the halakhah to the tradition that he received this law applies only to a virgin. We should note that it is usually Rabbi Eliezer who acts as a traditionalist. However, if the last sentence of the mishnah is also the words of Rabbi Joshua, then he too admits that even though he only heard a limited ruling, the halakhah is in accord with the expanded version put forth by Rabbi Eliezer. We might surmise that if the original tradition referred only to a virgin (as R. Joshua claims), the expanded version (which includes all four categories) reasoned that if it is sufficient to reckon the uncleanness of a virgin from the time of discovery because she does not regularly menstruate, the same would be true of other women who don't regularly menstruate. And if you are surprised that a "virgin" doesn't regularly menstruate, the rabbinic definition will be in tomorrow's mishnah. Stay tuned.

משיוודע עוברה – at the end of three months from the day that she became pregnant.

Who is regarded as "virgin"? Any woman who has never yet observed a blood flow, even if she is married. A virgin, at least in this mishnah, is a woman who has not yet begun menstruating. It does not refer to a woman who has never had sexual intercourse. According to this definition of a "virgin" which probably should be translated as "young girl", even a married woman could be a virgin.

עד שתגמול – until will be completed for her son twenty-four months (i.e., two years). And even if he died within twenty-four months, sufficient for her is her time, for the woman who gives birth (and has been in confinement), her limbs are loose/shaky and her full strength (literally, “her blood”) doesn’t return until after twenty-four mouths (see Talmud Niddah 9a). But from then and onward, behold she is like all the women and becomes defiled in the time of twenty-four astronomical hours or from one examination to a previous examination, and even though she is continually nursing four or five years.

"A woman in pregnancy"? One whose fetus is notice. A woman is considered "pregnant" only when the fetus begins to be noticed.

וגמלתו או מת ר' מאיר אומר מטמאה מפקידה לפקידה – for he (i.e., Rabbi Meir) holds that blood is disturbed (i.e., decomposed) and turns into milk (see Talmud Niddah 9a). But when she is not nursing, even prior to twenty-four months, the blood returns to its place and returns to be menstruating.

"A nursing woman"? Until she has weaned her child. The standard period for nursing is 24 months. A woman is considered to be nursing only during this period. Even if she continues to actually nurse after 24 months, she is no longer in this category.

If she gave her child to a nursing woman, if she weaned him, or if he died: Rabbi Meir says: she conveys uncleanness retroactively for twenty-four hours; But the sages say: it suffices for her [to reckon her period of uncleanness from] the time of her [observation of the flow]. The mishnah now deals with the opposite case where for various reasons the woman is no longer nursing her son. According to Rabbi Meir, since she is no longer nursing, she is no longer in the category of a woman who does not need to be retroactively concerned that she defiled things. When she discovers that she is bleeding, everything that touched in the previous 24 hours is impure. The sages disagree and consider this woman to still be in the category of a nursing woman. It seems that they think that she probably won't resume menstruating for this period.

כל שעברו עליה שלש עונות – an intermediate-size period is thirty days. And since that these three intermediate-sized periods have gone by for her following her arrival at being close to old age, sufficient for her is her time. And she is called being close to old age, for all who call her: “Mommy, Mommy,” on account of her old age but she does mind.

Introduction Today's mishnah defines whom is considered an old woman, that need not be concerned that she retroactively defiled things. The mishnah uses the world "onah" (in plural "onot"). An "onah" is the period in which she is supposed to have been menstruating. Generally, an "onah" is 30 days, although obviously this may vary from woman to woman.

כל אשה – [every woman] and even one who is not old and for whom three periods have passed and she did not see it (i.e., a drop of blood), sufficient for her is her time.

Who is regarded as "an old woman"? Any woman over whom three "onot" have passed near the time of her old age. A woman who has missed her period three times in a row, roughly 90 days, and is close to old age (so this is not because she is pregnant or sick or some other reason) is now considered "an old woman." Obviously, this makes sense in this context. A woman who has stopped menstruating due to menopause is old for the issue discussed in this mishnah what type of woman does not regularly menstruate.

מעוברת ומניק שעברו עליהן שלש עונות – but not if for whom they have not passed, for it is not like the first Tanna/teacher who said (see Mishnah 4): “Once it is known that the fetus is present,” and a nursing mother once he has been born. But the Halakha is not according to Rabbi Eliezer nor according to Rabbi Yossi.

Rabbi Eliezer says: for any woman over whom have passed three onot it suffices [to reckon her period of uncleanness from] the time of her [observing a flow]. Rabbi Eliezer says that any woman who has missed three periods for any reason, even if she is not old, needs only reckon her period of impurity from the time she sees blood.

Rabbi Yose says: for a woman in pregnancy and a nursing woman over whom three onot have passed it suffices [to reckon their period of uncleanness from] the time of their [observation of the flow]. According to mishnah four, as soon as a woman's pregnancy is noticeable, or as soon as she begins to nurse her child, she would only count her period of impurity from the time blood flows. According to Rabbi Yose, she must first go through three periods without menstruating.

ובמה אמרו – that four women [fall into the category of those for whom the] time [of first seeing blood] suffices (see Mishnah 3).

Introduction Today's mishnah offers a qualification to the rule that the women mentioned in mishnayot 3-5 defile only the things that they touched after they noticed that they had their period.

בראיה ראשונה - that she saw it (i.e., blood) as a virgin, and the pregnant woman [once it is known that the fetus is present] and the nursing mother [when her son is weaned], and the old woman after three periods have gone by for her on account of her old age.

And of what did they speak when they said that "it suffices [for them to reckon] their period of uncleanness from the time [of their discovering of the flow]"? [This refers to] the first observation, but after a second observation she defiles retroactively for a period of twenty-four hours. The first time one of these women (virgin, nursing woman, pregnant woman or old woman) sees a blood flow, she doesn't retroactively defile anything. But the second time she does, she reverts to the law found in mishnah one of this chapter. Everything she has touched during the previous twenty four hours, or since the last time she examined herself, is considered defiled.

אבל בשניה מטמאה מעת לעת – that she has returned to her previous condition that her blood would be found in her.

If she saw the first flow on account of an accident even it suffices for her even a subsequent observation [to reckon her uncleanness from] the time of her [observing of the flow]. However, if her blood began to flow through some sort of unusual accident (Albeck mentions jumping or out of fright), then the second time she sees blood flow (assumedly not due to an accident) she doesn't retroactively defile things. In other words, since the first occurrence was "accidental" the second blood flow is treated as if it was the first.

מאונס – as for example that she got excited and saw it (i.e., blood) or on account of fear, or that she consumed something which stirs up the blood.

אע"פ שאמרו – a woman who has regular premonitory symptoms of menstruation sufficient for her is time.

Introduction Today's mishnah teaches that although women who have regular menstrual cycle do not retroactively defile things (see mishnah one), they should examine themselves at certain prescribed time regularly to make sure that they has not begun to menstruate.

צריכה להיות בודקת – on every day in the morning and in the evening like the other women.

Although though they said [that for a woman who has a regular period] it suffices to reckon her period of uncleanness from the time she observes a flow, she should nevertheless examine herself [regularly], except for a menstruant or one who is sitting over pure blood. Even a woman who has a regular menstrual cycle should still examine herself regularly to make sure she has not begun to menstruate. I should note here that most women might find this strange don't women know when they are menstruating, even without checking? Truthfully, I think this is a legitimate complaint against the rabbis, but if I were to offer a defense I might say two things. First of all, the rabbis were men who obviously knew nothing about what it might feel like to be menstruating. Second, women had frequent contact with the food and the instruments whose purity should be preserved. Therefore, a woman who was impure and didn't know that she was could defile a lot of terumah or vessels used with terumah. To avoid this serious problem, the rabbis mandated that all women examine themselves regularly. There are two types of women who don't need to examine themselves regularly. The first is obviously a woman who is already menstruating. The second is a woman who has recently given birth. Leviticus 12:4-5 prescribes 33 days following a seven day period of impurity for a boy or 66 days following a 14 day impurity period for a girl in which a woman's blood flow is pure. Since any such blood is considered pure, there would be no practical reason for her to examine herself.

חוץ מן הנדה – from when she saw it (i.e., blood) on day, she is unclean for seven days and does not need an examination all seven [days], for without an attack she is unclean all seven [days].

She should also use testing-rags when she has marital intercourse except when she is sitting over pure blood or when she is a virgin whose blood is clean. Generally, a woman should examine herself using examination rags both before and after sexual intercourse. Before intercourse she should examine herself because it is prohibited to have intercourse when she is menstruating. Afterwards she should examine herself to make sure that she has not defiled her husband. Obviously, a "virgin" referred to in this mishnah is not a woman who has never had sex. Rather, it is a woman who has not yet begun to menstruate, as we learned in mishnah four. A woman who is married before she begins to menstruate need not check herself.

והיושבת על דם טוהר – for why should there be an examination for her, for even if she would sight it (i.e., blood), it is h blood of purity (i.e., vaginal bleeding experienced by a woman from eight to forty days after giving birth to a boy and from fifteen to eighty days after giving birth to a girl. This blood does not render a woman ritually impure, according to the Torah, even though current Halakhic practice renders a woman ritually impure).

And twice [daily] she should examine herself: in the morning and at the [evening] twilight, and also when she is about to have sexual relations. This section refers to a woman who must examine herself because she doesn't have a regular period (or for some other reason). Without an examination, , she will defile everything which she had contact with during the previous twenty-four hours. Such a woman should examine herself in the morning to make sure that any pure things that she worked with at night were not defiled. She should also examine herself in the evening to make sure that the stuff that she worked with during the day was not defiled.

ומשמשת בעדים – even though she has premonitory symptoms of menstruation , she needs to examine [herself] before sexual intercourse and after sexual intercourse [with her husband]. And especially if she was engaged with [ritual] purity, for since requires examination for [ritual] purity, she requires examination also for her husband. But a woman who is not engaged with [ritual] purity, for her husband she does not require examination.

Priestly women are subject to an additional restriction [for they should examine themselves] when they are going to eat terumah. Rabbi Judah said: [these must examine themselves] also after they have concluded eating terumah. Priestly women (either daughters of priests or wives of priests) who are regularly occupying themselves with terumah should examine themselves even more regularly. According to the first opinion, they should examine themselves before they eat terumah so that they do not defile the terumah that they are about to eat. Rabbi Judah says that they should examine themselves after eating as well. If she is found to be pure, then even the leftover crumbs are pure. In contrast, had she not checked herself afterward and then later that day (or night) found that she had begun to menstruate, the leftover terumah that she had touched would have to be considered impure.

ובתולה שדמיה טהורים – four nights according to the School of Shammai, but according to the School of Hillel until the wound of sexual intercourse should heal, and she does not have to use pieces of cloth (literally, “witnesses”), for her blood is pure, and if the appearance of her blood has changed, for since she engaged in sexual intercourse, for on account of sexual intercourse, it changed, but in the morning and in the evening , she requires examination where she didn’t engage in sexual intercourse after the first coition, lest the appearance of her blood changed from her first coition. But if her blood changed in appearance, she is impure/unclean, for we are accustomed to speak where this is not the blood of a virgin.

שחרית ובין השמשות – in the morning to pronounce fit/kosher the purities of the night, that if she would find herself to be pure, she would know that she didn’t see it (i.e., blood) in the night, and when she minds in the evening that she is impure/unclean, these leave the realm of doubt, and similarly at twilight to pronounce fit/kosher the purities that she was engaged in during the daytime.

ובשעה שהיא עוברת לשמש את ביתה - when she prepares herself to engage in sexual relations with her husband.

רבי יהודה אומר אף בשעת עברתן מלאכול מתרומה – even after they have consumed heave-offering/the priest’s due (i.e., if her husband is a Kohen), she needs to examine herself, to repair the remnants of heave-offerings that are before her that if she finds now as [ritually] pure., when she examines in the evening according to her appropriate manner and she finds that she is impure, there will not be remnants of the heave-offering at all that were retroactively impure, for she examined herself after finishing. But the Halakha is not according to Rabbi Yehuda.