Hilchos Vestos: Establishing a Veses by Day or Night, Haflagah, and Onah Beinis

Transcript

Ein ha'isha chovat laveset. Afilu ra'asa shlosha rosh chodashim ze achar ze, ela im ken yu kulam b'eina achas, b'yom o balayla. So the first diyuk, of course, is that he talks about kvias vest. He's talking about kvias vest, because he discusses prisha. L'mashal, let's say the vest is, let's say the vest would be on a certain time, so the prisha has to be b'oto zman. Again, are we discussing kviat vest? Are we discussing kviat vest? Ho'il midabrim al matai, matai tzrichim lachshosh, l'mashal. Let's say she saw b'yom, so the issur will be only b'yom. Which one is it, Reb? You're not seeing the chiluk? Are we discussing kvias veset, that if it's, in order to make a kvias veset, it has to be three of yamim to be called a kvias? Otherwise it's stam, it's like different days? Or the pshat is k'dei le'esor, yom tet-vav b'yom, it had to have been that the last time was also b'yom. We knew that from where? No, so now let's say it's that. Let's say it would be אונה ביום, right? And I'll give you an example, because by יום החודש really not negate anything. Let's say by haflagot. Let's say her haflagah is that she sees after 36 onot, right? And graded, it works out that one time it's by day and one time it's by night. יש לה, למשל, 30 עונות בין ראייה לראייה, אבל הראייה זו הייתה ביום וראייה זו הייתה בלילה. איסורה בלילה, או כיוון שהזמן של הווסת זה ביום, אז לכן יום. האם הכוונה, is the pshat over here that in order to make a kviut of threes, it has to be three of the same? Tell me, if I had change—if I had change, כסף קטן, a dime, a nickel, and a quarter. Odef. Let's call it odef change? That's what it's called? No, change is—yeah, they give you change, but כסף קטן it's called, okay? So what happens if I have nickel, dime, and quarter, right? האם קוראים את זה, I have change, I have כסף קטן, ויש לי שלושה כספים קטנים. Do I have three kesef katan, or I have a group? I have kesef katan. I, one is a quarter, and the other one's a dime, the other one's a nickel. ... Kulam shavim letovah, that what? It's all called kesef katan, נכון? ... Kesef ketanim. ... Ein li kesef katan, okay? יש לי כספים קטנים. ... Why? A nickel's a lo mechubarim; a dime, a dime's a lo ... kvotter. ... זה הפשט בסימן הזה, בסעיף הזה, that what? Here, Rafi, it has to be all three the same in order to say it's a group, all right? That's what it says. The question's gonna be, do you mean only for that it has to be boto or not? Or the pshat is, in order to come and say vestos, vestos works, day to day, night to night. That's the way it works. It can't be that if you want to make issur, we always follow what you see. If you see yom, then the issur has to be by yom. It can't work out by layla.

Now, for Yom HaChodesh, it's really not nogea, because that we learned to kuf pei daled, that I understand. But it's nogea for haflaga, let's say. Let's say she has a haflaga of, let's say, 36 or not. Yesh lahaflaga shel 36 onot. Ha'im yecholim lehagid, pam zeh haya b'Yom, aval zeh gamar balayla, b'seder, o sheyefshar davar kazeh? Either it's yom, it's yom, or laila is laila. Don't tell me you don't know this case. You know the case, right? It's in the Pischei Teshuva. The Pischei Teshuva brings down from the Noda B'Yehuda and the Sha'ul, Reb Dovid Teveli, right? How do we look at this inyan of yom l'yom? Is yom l'yom rak k'dei la'asot veset shel kviut, or is it sheyach afilu la'prishah? The Shulchan Aruch only says, Ein ha'ishah kove'at la'veset... Wait a second, wait a second. Afilu ro'ah shloshah Rosh Chodashim. Okay. So the first she'eilah becomes, what are we referring to? The second she'eilah becomes, why does he pick a case of yom? What about haflaga? What about haflaga? What about haflaga? So the truth is, chada mitartza b'chaverta, right? Why? Because if you're learning that we're not discussing the prishah, but rather we're discussing how to make the veset, right? So what's it nogea? It's only nogea to the vestos of Rosh Chodesh, because by the haflaga maybe it's not that way. That's how you learn, right? Od paam, listen to the cheshbon. Are you maskim? Does everybody agree with me that the case over here is about la'asot et haveset? How do you make a veset? How do you make a calendar, okay? Not necessarily, but it's what it says, right? I mean, those are the words of the Shulchan Aruch. These are the milim shel haShulchan Aruch. The she'eilah will be: is it אותו הלכה if you want to make it prisha, which means you want to be poresh? So let's see, when is her veset? Bayom. אי, the haflagah could finish in onos by night. It can't be by night; it has to be by day. So why would the Shulchan Aruch not say that? It's a very good question. Why would the Shulchan Aruch not say that? Why do we have to wait to the Noda B'Yehuda and Rav Dov Teveli, the Sha'ul, that they should be mefaresh b'inyan zeh? Just bring this in the Shulchan Aruch. Teretz is, wait a minute. Notice that we בכלל didn't even talk about haflagah. What we talked about, the veset of yom. What about the haflagah? That's also a good question, right? What about the haflagah? The answer is, let's understand the halacha, and then we'll see that the halacha is taka by yom. And the question is, does it apply? Does it apply? Can we take the halacha of yom, meaning Rosh Chodesh to Rosh Chodesh, Rosh Chodesh, yom to yom, laila to laila, and apply it to what? Apply it to, also haflagah. Okay? Does the cheating book say it that way? Huh? They don't say it? No? He brings machlokes, machlokes haflagas, like the thirty-six ones jumping. I just said that. But I want to know in the Shulchan Aruch. I want to learn up the Shulchan Aruch with you fellas. My question is, if the story, if the story is אותו דבר בהפלגות, so why would the Shulchan Aruch not bring that? Why in Shulchan Aruch does it talk about כפיה ...? And we're supposed to say, הוא הדין, הוא הדין, right? Or לאו הוא הדין. That's a good reason why those that argue say לאו הוא הדין, because it's not in the Shulchan Aruch. Rafi, you maskim? So why are you not agreeing with me, like with the full...? Maybe the chidush here, because I'm seeing here, the ... says it's meduyak in Shulchan Aruch the other way, so I want to know which is... Aha. It's meduyak in the Shulchan Aruch means he's saying differently than what I just said? No, first he's... Shulchan Aruch is כולל both. He chose one because that's the lashon haRa'avad. Oh, okay, good, that's what I wanted. You see, that's what I'm referring to, okay? So he brings the whole ... Okay, very good.

In the Piskei Teshuva, you don't get that. It shortchanges you a bit. Okay, so the question is, what's the lashon of Shulchan Aruch, all right? You hear? That's the question. What's the lashon of Shulchan Aruch? Now maybe it's only because the Ra'avad chose it. Oy yesh lomar, oy yesh lomar ha'ikar halacha is al kviat veses, aval shayach, she'achei yesh halacha zu shel kviat veset, shayach gam lachnis et zeh. You could infuse it also to the story of haflagas ones. Good? Okay. How? Why? One is not new, the other. Okay. Let me discuss with you the next case of the Mechaber. Says the Mechaber: Im ra'asah shalosh p'rakim b'yom, v'revi'is ba'layla, o shalosh pa'amim ba'layla v'revi'is ba'yom, chayshes b'yom u'va'layla. Why? Mipnei chashash ha'veset harishon, which was kavua, mipnei chashash ha'sheni shehu acharon, that it's only once; you have to be choshesh for it. Im ra'asah pa'amayim ba'yom u'pa'amayim ba'layla, shelo alah sidrah, v'lo kava echad meihem b'vam, kitzur, there's no veses for either of them, so it's not. Okay. What would happen like this, are you ready? Listen to a case. Na'im me'od. She has this story that she sees three days, three times, excuse me, three times ba'layla, then the fourth time she saw ba'yom, and the next time it was ba'layla. What would happen? So ba'yom falls off, finished, right? So, v'she'eina kevuah. Im zayah pa'am ha-chamishi ba-layla, אז נגמר היום. So she went back to her kvius, right? I mean, that's pashut. Okay. What happens if she saw the next re'iyah both, ba-yom u'ba-layla? Yeah, she saw the techilas re'iyah, she saw the sof re'iyah. So someone's gonna come and say, We always go after techilas re'iyah. Yeah, that's what we're talking about, I go after techilas re'iyah. What? Yes, but that's what everybody would say, because it's pashut, right? Because we always go after techilas re'iyah. Says the Shulchan Aruch Harav, I saw this morning, I almost fell off my chair. Says, Chidush nifla, yechosheshes li-shneihem, because true techilas re'iyah was when? It was ba-yom, it was ba-layla. Aval me'achar shezeh himshich ba-yom, v'yesh lah veses she'eino kavua la-yom, m'meila shei has to keep the yom and the layla. What a chidush. Eizeh chidush, eizeh goyen otzum v'noyra v'nifla. Tishma, goyen, where I go, where I go, אי אפשר להקיף. The Baran Tan. Hu im shehu... ...matmid. Okay, you hear? The case of the Shulchan Aruch, right? So three was ba-yom, the fourth was ba-layla, and the fifth was when? If it goes back ba-layla, then it's finished. The bayom is finished. What happens if, im hitchil balayla, imshich bayom, omer haRav, balatanya, that you still have to keep both. Right? Because we'll say it's possible it's the yom shehikdim, shehikdim balayla. That's what he says. So I asked the class, that's tamid kacha. Tamid, tamid, tamid, tamid kacha. What do you want to say? What are you saying? I don't get it. Always that way. What do you mean? Every time that it's by night, say really it's by day, hikdim. I'm not sure why. Why is this a different story? We have to understand the sugya of onot. I think we have to understand the sugya of onot. You ready? Tell me, what is onot? Because that's science. Ha'im hasugya shel onot, science, isha sheroah bayom, mistama lo tira balayla. Is that what it is? It has to do with medical books? Yeah? It has to do with the medical? Nature. Nature. I could tell you that I'm not so convinced. I'm not so convinced about it. I'm not so convinced about it. I'm not so convinced. What do you say?

What are you saying? What? Huh? Okay, so that's, I know, but it has to be based on something. I mean, we said Torah like this, but it has to be based on something. So the question is, what's that something it's based on? Who told me that yom doesn't mean yom valayla? Who told me that? Where'd you get that information? Who was mechadesh, and why were they mechadesh that there's such a thing called ono tayom v'ono talayla? Maybe yom is, today is my day, so it starts at night and it goes by day, and that's all. Huh? Who said? It's like I said, pashut pshat is because there's a metziut. What does he say? What do you say? They say it's the metziut. Okay. I have no problem with that. I would rather say not that way, just for argument's sake. Okay, you know what I would say? I would say like this: ... Likvoa et haveset is only based on the past history. It's not on higayon. It's not on contemplating when it's going to come. Let me ask you another question. I'm thinking about it. Let's say יש ספק חזיר. האם צריך פסוק שאסור לי לאכול את זה? Huh? What? I want to know, do you need a pasuk to tell me safek is asur? What do you say, Rafi? Okay, okay, good. So leave the Shev Shmaitsa alone. תעזוב את השב שמעתא. תעזוב, תעזוב את השב שמעתא. Paskens, you don't need a pasuk. Uch, you make it easy for today. Why you make it so easy for me today? Ah, that's what it is. ספק דאורייתא לחומרא. So you used to dream your cup, and it says only with Rabbanan. Okay, fine, I'll keep going. Shev Shmaitsa, no problem. All right, but whatever it is, what's the taich of והיסרת? Let me ask you a question. I was thinking about this in Hilchos Kashrus. If let's say, huh, נגיד שאדם אחד יש לו bad history, bad history. האם יכולים להגיד, ah, ספק דאורייתא, להגיד שזה לקולה, רק מדרבנן, can we say such a thing? Or even better, אחד נאמן באיסורים. What happens if the guy has a bad history track, bad track record? יש לו היסטוריה לא כל כך טובה. הוא תמיד לא עושה את הכשרות כמו שצריך. בוא נגיד, huh? ... ספק דאורייתא לקולה, לקולה, yeah? What makes a safek? What's called a safek? Safek is when you don't know. But safek is not when you know that there could be a problem, right? Because past history is no good. I don't know. I don't know. But one sec, one sec, one sec, one sec. I don't mind. I don't mind, because I really would say that. You know that? I would say that past history makes a chazakah, and the chazakah makes it that you have to be careful. Tell me, what's called a kvius vest? What is a kvius vest? It's about chazakah. It should be about chazakah, yeah? Yachol lihyos shezeh chazakah. Im zeh chazakah, az mitzad hilchos safek v'yishtatmus Bnei Yisrael lo chayav lachshosh. Aval mitzad a chazakah, ani ken chayav lachshosh. So what does the chazakah tell me? The chazakah tells me stam to be choshesh, or the chazakah tells me, b'oifen sheyesh es hachazakah. L'mashal, I'll give you an example. If let's say a guy is muchzak...

A person's muchzik that he doesn't do a certain mitzvah. Does that mean that from now on he's not a ne'eman b'chalal, he can't be mekayem do it to any other mitzvah? Well, the pshat is it's only based on the chazakah. What would you say? It's only those mitzvahs, right? Unless he's a mumar. If a person's a mumar, so it's mumar l'chalal Torah kulah. But if he's just lacking zehirus, yesh lo chisaron zehirus b'eizeh mitzvah. Ha'im yesh lo chazakah shelo asah she'ar mitzvos? You know, there was a vort once for Rav Yankiv. Which one? Rav Yankiv once said—no, Rav Yankiv Kamenetsky—someone who's very sharp, very sharp, so don't sit down and relax and don't get nervous, because it's very, very sharp. He once said that if a chassid is not makpid on Hilchos Mamon, he would still eat his kashrus. But if a Litai is not makpid on Hilchos Mamon, he wouldn't touch his kashrus. Such a sharp line, such a brilliant line. Yeah, so what, kashrus? But by a Litai, I mean today it changed already, but in his times, it's assumed that the guy is a kal. I have a question: is it lahalacha that way? Is it taka eiska halacha that if a person's a kal in Hilchos Mamon, you can—did Rav Yankiv say you're not allowed to trust his kashrus, or did Rav Yankiv mean I wouldn't trust his kashrus? What? But we trust him. You're allowed to trust. Halacha. Because you see people are not so eiska in mamon, you go into their house, of course. No? What's the hashgacha? What's the pshat? Peretz is because the chazakah is only ... because that's the whole inyan of hashgachas. Hamamis, it's gneivah, and then the kashrus is good. I would say it's the other way around. I don't want to tell you that it's possible it's the other way around also. Al kol panim, yeah? Make sure nobody touches this tape, because then I'm going to have all the dangerous, dangerous attacks on me. You hear רבי יענקב's vort? רבי יענקב's brilliant me'ir. He said a brilliant vort. הבנתם את מה שהוא אמר? ... רבי יענקב אמר ככה: חסיד שהוא לא מקפיד על הלכות ממון, הוא היה אוכל מאה אחוז מהשחיטה שלו. אם הייתה אישה לא מקפידה על ממונות, על גניבות, לא היה טועם מהאכילה שלה. אצל חסידים, בסדר, ממון, שחיטה. אבל ליטאים זה סימן שהוא קל. מישהו שואל להלכה למעשה, מישהו קל בהלכות ממון, האם מותר לי לאכול אצלו בבית, אם לב לא הייתי אוכל בשום מקום, you know that? Any businessman, you wouldn't be allowed to eat in his house. You know that? You wouldn't be allowed to eat in any guy who was ever on 47th Street, you wouldn't be allowed to eat in his house. Huh? He's more heter business. So the truth is they are more heter. I once told you this. A guy asked me a shaila once if he's allowed to cheat on a diamond and say that it's five carat when it's only four carat. What's the shaila? So I looked at him, What, are you crazy? These are the shailas you ask? Imagine the shailas you don't ask, you know what I mean? This is a shaila for you? He tells me, You don't understand my shaila. In the diamond business, they know that when they say five... It means full, because everybody steals. Kol echad gonev, kulam ganavim. Has it say? Kulam ganavim v'she... what's the lashon in the pasuk? No, that's... that's Chassidus sheRebbe said, but l'maaseh. No, v'sochtei, no, whatever. B'seder. Kulam ganavim v... something... v'rodef salmonim, that's what it says. Kulo ohev shochad, rodef salmonim. That's the pasuk I'm thinking about, right? That's the pasuk. Salmonim is free gifts. Free handouts, handouts. People like shochad and free handouts. They don't like to work for a living. So, yeah, listen good. Tishma, tishma, ואני אומר לך יסוד, שמע טוב. What's negea to geneivah? ... You're right, you're right, you're right. He's ... because if everybody says, Chamesh, arba, אז הוא שואל אותי. אז להגיד חמש זה כאילו אמרתי ארבע. Tell me, if you tell a...

You’ll be there at four o’clock, and you mean that you’ll be there at 4:30. You know why? Because four means 4:30. Four means 4:30. That’s what it means, right? Five means four. Yachol lihyot. Aval, יש הרבה הרבה ביזנס הם גנבים. האם מותר לי לאכול בבית? You’re not eating their house. Shh. You see that they’re not makpid. You see people are not makpid. What’s the pshat? כשראנו, לא חשש שווא, חד לשני איסור, וממון לא שייך. Okay. If it’s based on a chazakah, so the issur is only on what it’s muchzak for. Mista’temes bnei Yisrael, is it lachshod shema ani avor issur? Is that the pshat? Or, hachazakah mechayev oti lishmor kviut vest. עכשיו נגיד כך. The din of ones. Yes, I’m saying a very simple thing. I want to know, are we afraid, stating a period, you have to be careful, mista’temes bnei Yisrael, סמוך לוסתן, that that’s what it’s about? To teach them to be poresh סמוך לוסתן. I mean, if she’s going to see her period, of course you have to be choshesh סמוך לוסתן. What’s your shaylah exactly? The second side. The pshat is, we’re not being choshesh for the issur. What we’re doing is, we’re being mechadesh vestes. The chiddush is not in the veisartem. The chiddush is in סמוך לוסתן, that there’s a chazakah to a woman. Pashut, you would say that there's no chazakah. It's a chazakah shayach. Mechadesh li hapasuk, v'hisartem es bnei Yisrael mi'tumasam, shetzarich prishah סמוך לוסתה, פירוש, שהוסת עושה חזקה לאסור. לא שאני חושש לאיסור, ולכן אני פורש, אלא שהחזקה, חזקה עושה וסת. And we spoke about these type of she'eilos, okay. אז בוא נגיד כך: Yom valayla. What's the mechayev of yom valayla? And the teretz is, not that we have a tzad to say yom doesn't—yom, it's not laila. No, the pshat is, if we only see yom, it's shayach that it's only yom. So you only have a chazakah on yom. Again, is the reason why yom can't be laila and laila can't be yom is because yom is not laila and laila is not yom, and if it comes by yom it's not going to come by laila, is that what it's all about? Or the pshat is no. It's the chazakah. The chazakah only tells me yom, so אין לך בו אלא חידושו. The chazakah only tells me yom, so אין לך בו אלא חידושו. She saw three times. Masacheh, ma she'eilah? Okay, yeah, continue. Even if she saw one time you have to be choshesh. Chidush, I'm saying, l'one. I'm saying to the beginning of the chazakah. But it's the start of chazakah, so you have to be choshesh. Maybe she's starting a new veses. I mean, what are you choshesh for? Whenever you have a chazakah and you're choshesh for the next time, it's because maybe she's starting a new one. Maybe this is one from three which will be a regular chazakah. So why not say like history, like רבי said before? It's like— It's exactly what I'm telling you. But that's not—how is that chazakah? I'm explaining to you. I don't mean chazakah. History. Based on that history, you say, מסתמא this will happen the same way. The same way, but you don't know more than that. I understand. ... זה רעיון נפלא. או יום זה, או יום זה מפחיד אותי. יכול להיות שזה יבוא. יכול להיות שזה יבוא. יכול להיות שזה יבוא ביום, יכול להיות שזה יבוא בלילה. Who says? Tell me, the אור זרוע, yeah? What is the Or Zarua all about? Does anybody know what the Or Zarua is? Go ahead, Rafi, tell the oilam what the Or Zarua is. Or Zarua, לצדיק ... ולישרי לב שמחה. So besides that, Yom Kippur, Or Zarua לצדיק, there's another Or Zarua. Go ahead, tell them what the Or Zarua is about.

Now, why? What does she be choshesh for? And the teretz is because if you're choshesh for a problem, so let's be choshesh for the problem, no? Still my headburn that. Yes, there is. I like that. Why not be choshesh the loan afterwards also? Why not be choshesh? Because that doesn't bother me so much, because it has to do with techilah—no, it has to do with the lamed of techilah. Once it passed the techilah, so you see something's wrong. All right, maybe we push off one more now. We say she go back. I'll tell you what. When we learn Or Zarua, we'll discuss this. I just wanted to say this nekudah. If you're worried about past history, if you're worried about past history, then there's really nothing to talk about Or Zarua. There's no Or Zarua. There's nothing to talk about. If the chiddush of vestos means that what the Chazakah tells me, so how can you even talk about an Or Zarua? There's nothing to talk about. Okay, let me teach you a little about Or Zarua. Or Zarua might be—we'll get to a little bit later—we're afraid that at the end of that ona you'll lead into vashtes, you'll lead into your problem. If we're going to be matir the ona before, so let's say he lives with her at the end of that ona, so you're talking about you might run into the vishtes, okay? Let's, let's, let's be mezakeh, worry about that later. But whatever it is, if that's— Namich, that's what it is. The shailah is only, v'hizhartem, don't get into an issur. That's what it's all about. But if there's a yayin kavua based on a chazakah, so ein lecha boi ela chazakah. You only have what you're muchzak for. That's all. You don't have more. There wouldn't be what to talk about an issur. There's nothing to talk about. Ein ma ledaber al ha-zarua, ein bichlal ein ma ledaber. Now let me discuss this. You ready? Let's go further. Let's go further. Let's go further, rabosai. Yeah, what, what, what, what? Nu? Huh? Okay. Now let's go back to the Shulchan Aruch. The Shulchan Aruch says that it could be it's only neged to what? It's only neged to kvias veses. And acharonim are mistapek, maybe it's neged to prishah also. I don't think so. I hear that that's the machlokes. If you're worried about, if you're worried about chash, if you're worried about chash, so ein hachanami, you have to be choshesh, yom to laila and laila to yom. One has nothing to do with the other. But if you're looking at it as the issur based on the chazakah, so that's only neged to kvias veses. Again. Now what I mean to say is like this: if you want to know, should you be poresh, let's say after thirteen onos, right? You have to be poresh. You have to be poresh. So there there's no halachah that the yom to the yom and the laila to the laila. There's no reason for it. There's no reason for it. Why? Because if the pattern came without fluke, so there's no reason to say, because it's nothing to do with the isha, that an isha sees miyom to yom and layla to layla. It's not about a historic, what do we say, a scientific study, that the yom goes to yom and layla goes to layla. I'm not— you should be choshesh. Either because that's the history, or because it's not negeia in prisha. It's only negeia in kvius ves. In kvius ves, which is based on chazakah, v'ein lecha bo ela chazakah ela ma shemuchzak, so yom can't be for layla and layla can't be for yom. Why can't it be dilug b'haflagah? I know, that's too complicated for me. I don't know. I don't know this. I thought about it. I don't know. I don't know, dilug b'haflagah, I don't know. I don't know, for some reason ones doesn't work with dilug. I don't know why. I mean, if you learn it's chazakah, I do know why, because— I'm saying, because that's ein lecha ela chazakah. Say in Hilchos Chazakah's din. Maybe not. Maybe it's not such a thing. Oh, so very good. So it's mechaven to my vort. Very good. So let's hear, yeah. Who said first, L'maisha? Like the yeshiva...

Yeah. Why? Because it's a shaylah in the chazakah. So then it becomes, that's her history, so you have to be choshesh for that history. But if the pshat is yom goes to yom, so you have a stira. It doesn't make sense. You can't have dilug. Either it's yom, so you're saying it's not laila; if it's laila, it's not yom. So then it's a contradictory history. If you learn she'ein lecha bo'el chiddush, because that's the chazakah, ... I was thinking about it, I just didn't know the information. That's mamash what I was thinking. Why can't you have a bedilug? And the Torah says haguf. If you learn it's in the chazakah, it's shayach bedilug. If you don't learn it's from the chazakah, the whole thing self-constructs. It destructs itself, because you're saying yom can't be laila and laila can't be yom, so how can you have it? Can't have it. Okay, get up and tell everybody what I just said, because I just said ... pshat in vestes. Taleh. No problem. Say it in Hebrew, because he has to hear, understand. Start from scratch. Start from the beginning. We find in Shulchan Aruch — I'll lead you along — what do we find in Shulchan Aruch? We find in Shulchan Aruch, see if yud-gimmel, that a woman has to see all — in order to be kovea vest, she has to see three times in the same period of the day. Okay, now start. Does he talk about only kvias vest? Kvias vest. And then says chosheshes. Kvias vest. What doesn't he talk about? Tell him the Noidah B'Yehudah. No, no, before haflagah. He doesn't talk about ones. Okay, say haflagah. Okay, say it that way. Haflagah, he never says that the vest haflagah also has to be always during the day or always during the night. Explain what that means. Hevanta? Zeh havanta? B'vest haflagos lo kotev. So what is — haflagah is ten days. So ten days, every ten days during the day she sees. It's possible to have a vest, a haflagah of onos. Let's say every fifty-two onos, and it falls out one time during the day, one time during the night. Some say that's also good. She's kovea vest b'haflagah; she should be chosheshes coming every month, a different onah. Maybe who says there's no such thing. Okay, now, shavkach, we ask two questions. First of all, machlok, what's the difference? And if it's true that there is no difference, lafi hashitot, sheze be'emet lo kacha, so why is it in Shulchan Aruch? Why does the Shulchan Aruch go this route of Yom, of vest, of chodesh, and then he tells me, you know, we have to figure out by haflagah it's also that way. Repeat. The question: on the shitah that says that there is such thing as haflagah b'onot, why is there not a minah there, b'onot, you can have different... Yom hachodesh you can have different. Number two is, if it's taka true, why isn't it mentioned? On the other side, that it's not true, that it always has to be day, day, day or night, like Shulchan Aruch says, either this vest or that vest always has to be day, day, day or night. תגיד את זה. למה לא? That's the chodesh. זה השאלות ש... אם לא מעיין בזה, you're not learning the Shulchan Aruch. Then go learn the Chinuch books and say that יש אומרים כן ויש אומרים לא, ויש אומרים להפוך. Okay, beseder, beseder. No problem. Okay. The answer—oh wait, who told you to sit there? Come on here. The answer could be, I want to know what is—it's not the... what is it all about? Is it לחשוש לאיסור, or שיש ענין של קביעות איסור מוחזק בהלכות נידה? Explain what that means. The pasuk says, והזהרתם את בני ישראל מטומאתם, right? What is that telling you? That there is a chiyuv, whenever there is an issur and you're getting close to it, be careful. Be careful. תהיה יהודי יפה. Okay. Or, pshat, yeah. Or is the pasuk telling you, you should know woman works according to a certain clock. See, my mind, the vest is... Set the clock up. The whole new... You don't think I know this stuff. And that's... I don't even say it's a whole... I don't even... my mind... kicking and screaming to get... Ta'ayan, you see every month there's a certain day, a certain time. Write it down, keep track, and then you'll see that... you already have. He's a gadol. What are you talking about? This is crazy. This is... Explain.

Okay, now. נגיד שזה תלוי בחזקה. אם זה תלוי בחזקה, להבנתי, אין באמת מקום לעוזר רוח. Before. אם זה עניין של להחמיר, שמא, okay, here, ... here. כשנגיע לעוזר רוח, נהיה עוד יותר בזה. אבל רק, אם מזאגט, השגחה ראשונה. השגחה ראשונה, אם זה רק חשש, מובן את העוזר רוח. אם זה תלוי בהיסטוריה, בחזקה, what are you talking? Okay. Unless there was before חזקה. I mean, no, he's saying a נוסח, you mean. If it's חזקה three times already, it's no עוזר רוח. He said that's not עוזר רוח. ... No, he says you have to. Okay, now, ready? עכשיו ככה. בוא נגיד, what happens here, יום ולילה, זה לא טוב. Why? זה מציאות של אישה, זה סיפור פה. אני לא מאמין שזה. יש נשים that they see within the day, so something at night, unless they're like a clock, I don't know. זה לא מוכח. לא מוכח. Okay. So what I would say, I would say, because אין לך בו אלא חידושו. If it's by יום, so who told you to be מחמיר more than that? Where do you see? If the חזקה is finished, that's what the חזקה is for, finished. What if it's visah? Then it comes out to be. You don't tell me that there's a... techilas re'iyah, techilas re'iyah v'sof re'iyah. I mean, shayach these things. What are you saying? I don't know. There's a techilah, there's a sof. Also, bichlal, why do we go after techilas re'iyah? Why? Why should we do this? Be careful. Here it is, techilah. Ein lecha bo ela historia. That's all you have, okay? With this, I say like this: it's negea to kvias haveses. Eino chanami, if you want to be kovea, you have the halacha of yom l'yom, laila laila. But what's negea, you have to chashash prishah because of the onot. That has nothing to do with to establish the chazakah. That has to do when you have to be choshesh, l'maaseh. You'll be more machmir what? Even on the vest. In other words, we'll see day, day, day, night, and then again day. According to the chazakah, the night should be completely nekar. If you kavua for day three times, you saw night and then again day. Right, so it's nekar. Right, but as far as chashash, the Rebbe is saying you have to be choshesh one l'maaseh. Oh, wait a second, listen what I want. Wait a second, let me tell you what I want. Listen what I want. What if the Shulchan Aruch HaRav mechadesh? He says, ... im ze ba balayla v'gam ze bayom, az tzarich lachshov b'emes lishneihem. Why? Why? Look at the history. Andyoy. Andyoy. Not history, look in the Chash. Andyoy. If a person, he's saying a meydeke vort, the only way to take away the sugya of vestes, the only way to take away the sugya of vestes is with a complete hakirah. Meaning, if the next time it's not nekel legamri, if the next time, meaning time five, it wasn't a hakirah from the yom, but it was also the yom, so mimeila the halacha is that the history is mechayev that you should be machmir to it. Od pa'am, od pa'am. Listen carefully. Od pa'am, od pa'am, od pa'am, od pa'am. If we look at the Chazakah, yeah, we look at the Chazakah, right? If we look at the Chazakah, so what is, once you have a Chazakah, what is this next time? What is? So if you learn that the pshat is that it's a chash, so you have to be choshesh al...

Shash. If you learn that it's a chazakah, and if there's no chazakah, you don't have to be choshesh. So the next time that you found different, that you're choshesh was only because it might be the techilah of a new chazakah. That's what. I understand that. No, but I'm saying, is it because of shash, or is it because it might be techilah of a new chazakah? Yeah, but why should you be choshesh then until you're kovea? You shouldn't be. No, because it might be. Again, it might be the techilah of a new pattern. Yeah, but until you're kovea that, how will it make you be choshesh? Missing, missing. What do you mean, missing? Huh? Are you choshesh only because you saw a fluke? Are you choshesh because maybe it's poison and therefore stay away? Or are you choshesh only because there's a history? So what are you being choshesh for? Because one time could be the beginning of a history. Again, ani choshesh l'pa'am ha-revi'it. Why ani choshesh? Yesh li kviut. What are you afraid of exactly? So either the pshat is because you see that it went out of its kvius, so we have to worry about when it goes out of its kvius. Maybe again it'll go out of its kvius. But in hilchos kvius, that's mechayev me, and without it I'm not mechuyav. So what's this next time? And the teretz is because maybe it's going to turn into a kvius. Maybe it's going to turn into a kvius, and this will be the reishon of the whole kvius. What? It not going to be by sixth time, what are you choshesh? What do you mean? Three times yom, laila, then again yom. Do you choshesh afterwards? Fifty-fifty. I mean, if it says both, you mean? Three times yom, you have a kvius, then you have a laila. Baalatanius case. What's a baalatanius? Oh, that's from Tumah, but baalatanius case is gevaldig. What's the baalatanius saying? The baalatanius is saying that since there's a techilah and a sof, right? So in hilchos akiras vest, l'maaseh she saw ba'layla. So the kvius is there, and you can't say fluke, because it didn't fluke. You can't say—could you say fluke because she did see ba'layla? You can't say she's seeing differently because she's seeing not differently. She's seeing taka ba'layla. Even though she stopped seeing it. What? She saw in the daytime? What's the case? Let's say she saw by night and by day three times, and then she sees only by day, and then the next time she sees by night and by day. That's what he's talking about. So, again, iratah ba'layla, ba'layla, ba'layla. Aval ma ze ba'layla? Yeshalo ba'layla, v'ze mamshich. There's no such thing. There's no such metzius in the world. So tamid it's ba'layla u'bayom, ba'layla u'bayom, ba'layla u'bayom. Then the next time it was bayom. So אילן, what's the halacha? Hey, ichayshish for the bayom. Then the next time it's ba'layla, so you say forget about the yom. Says, wait a minute, depends. If it was only ba'layla, fine. But if it's ba'layla u'bayom, then you still have to worry about the yom. I don't understand, but her techilas re'iyah was always where? Ba'layla. So the fluke, it didn't even fluke. What do you want? What are you trying to say? Hashinui lo tafas. You see he wasn't tofes. Now what's the pshat? He means you should be choshesh from ad chanah, he'd be saying, since the p'lukah wasn't tofes, maybe you should be choshesh all. Right. Only night. Right, only night. So what does he mean? He's saying a mori d'kvar. He's saying like this: if you learn that it's a techilah of a kvius, so you need something to be oker that. How do you oker that? By not seeing by yom. By not seeing by yom, you oker it. Huh? I know, they do, but I can't help it. She's thirteen and then the twelfth of the month, the next month the eleventh, so she's always seeing those same days next month, because she's already started from three days ago. No akirah. Let's say she started on the thirteenth this month, next month she'll see on the twelfth and thirteenth, so there's no akirah to the thirteenth. That's what he says. So then he just passed like the Ra'avad, so that's all. He just passed... No, he's not. It's not because there's no akirah. No, but that's not— so you know what? Instead of saying what he does, why don't you take out the sefer and read it? Al ta... v'vakashah.

Lo tav alta minot. He's not paskening the raivid. If he paskened the raivid, then he would say raivid. He's not paskening the raivid. What he's paskening is that this is not the case of the Shulchan Aruch, that it missed the next month. Okay, go ahead, read it. No. Why should I have it? Go look it up on this sefer. You have it? Kuf pei. Which one? Which one? We need ... no, not this one. I don't know if it's here. Okay, go ahead. No, no, go ahead. No, you have it? If you don't know what you're looking for, how am I supposed to know what you're looking for? Oh, he brings — he still, he talks like this. ... כי היכי ... הלכה. He's science. He became a science shaila. According to the ... it's a science. Day, day, night, the body, the temperature, the this. And here, could be, could be, I thought of the shaila. Maybe it's all about day. She's a woman, the temperature goes up, she sees, the temperature goes down, she sees. Yeah? No. Go ahead, read the Rav Shach. Go ahead. Tell them what sefer it is. Tell them what it is. Okay, go ahead. Go ahead. Lamed ches. Yeah, tishma, tishma. Oh, so that's how it's nekar. It's nekar b'Pam achas, right? So the yom, the laila, laila, and then the yom, the yom is nekar b'Pam achas shelo tir. Go ahead, yeah. Af al... Oh, v'nimshach... Oh, v'nimshach... Oh, then it continued. Oh. So he's not talking about the ra'ivid. He's talking about lo nekar. What does he mean by that? Because it's not the same re'iyah, that's why. It's not what? The same re'iyah. Re'iyah was yom v'laila, and he wasn't nekar by saying yom only. It's a different pattern of the re'iyah. Wait a minute, so there was nekar then. So the yom only was nekar, for sure, so there was nekar. Night and day. It's a moirdige brackets, you know. You don't understand. You see, first, you know what you see from here? You could read this blah, blah, blah, blah, but then when you learn it, you realize that hu dikdek al kol ha-sugya, hu dikdek. This is a tremendous, a tremendous thing he's telling you over here. Chidush nifla. ... Azich l'chayevet lishmoa alayu. No, that's what I שאל. I don't understand the sugya פה. I don't understand. בדרך כלל לא חוששים ליום. It's not the raivid. He's telling me that this is the raivid. It's not the raivid. It's a lo bishklal, says the Mamshich. V'lo holchim achar ha-techilah. We do go after the beginning. So why does the Rav Shlomo pasken that in case the re'iyah was nimshach ba'yom? Yeah, but nimshach ba'yom is never a story. Why all of a sudden is nimshach ba'yom a story? I hold this thing. You know what the vestus of the yom is? The vestus of the yom is to be choshesh. Then there's halacha of yom l'yom v'laylah l'laylah. That's a din in hilchos kvius. There you can't come and tell me that you're choshesh the next day, the next time you see it, only because of a fluke, because then you wouldn't be choshesh for it. So the teretz is, it's because it's taka the techilah. Fluke says, mikreh ba'alma, right? So the teretz is because it might be the techilah of a new.

Kol zman you aren't oiker that legamrei, that's his loshon. So you don't have — you don't know that that's not the vest. Kol zman you don't know it's not the vest, a new one, you still have to be choshesh for it. Why are you choshesh for it? You see it didn't happen, so what's it talking about? What's machriah to say maybe you also need a hakir over there, you need a hakir mefureshes that it's not going to come. By hachshash you never need. All of a sudden here you need. Why all of a sudden by the ones of yom valayla you need? Let's say on the yamim, do you need it? Let's say it's Rosh Chodesh Aleph, Aleph, Aleph, and then all of a sudden it went to gimmel, and that gimmel is chazakah. What's nekar? That's it, finished. Can you wait? If it's only nekar because of the fact that it was makdim and it happened to have been, she bled also on gimmel. Yeah, but to understand that the story is, you can't come and tell me that the yom becomes a zman. If you see that the next month it was the laila that it started. What is he saying? He's saying that we're not — it's balayla, it's kaa balayla, v'zeh hashveset shelah. The answer is, yeah, because this that we came with another time, it's not a chashash. It's that we're building her kvius. So now we're saying let's be choshesh because this might be the techilas of a new kvius. So kol zman you're not oiker that. Okay, let me tell you — let's finalize. Okay, let me just finalize. I want to ask you a different shaila. You ready? You don't say anything by numbers, right? No, by numbers you don't say that. Twelve, twelve, thirteen, twelve, thirteen. You don't say it. Let's say it was fakert. Let's say it's twelve, twelve, twelve, and then it was eleven, and then it was also on twelve. I don't know if he would say that. He's going there? Okay, so you tell me where he says that. Okay, so say it. Read me where you think he says that. I want to see that. I want to see that. Yeah, no. Yeah. Yeah. Yeah, no, no, no. No. Yeah. No. Which means even l'yomim. V'loi rasah by me. His whole vort is that even there's a svara called הקדימה. Like, that's his chiddush. There's a svara called הקדימה. It also, כאילו, he's takke סובר by that. Maybe you're right. The way I'm learning, it's very geshmak. No, I thought of this. I thought of it. It's a tzad. In lomdus, I think it's a she'eilah. Okay, let me tell you what I want. I want to discuss אונאה ביינות with you, and then we're going to do Yud-Daled, yeah? Okay, I'd like everybody to please tell me—it's like I had this, yeah—tell me, what is אונאה ביינות? Let's get the facts. Every thirty days? Every thirty days? That's one of three stadim. It's a machlokes. Okay, there's a machlokes what אונאה ביינות is, right? According to the Shach, what is אונאה ביינות? You know what it is? Today of the month. ... חדש. Aleph, aleph, aleph, aleph, aleph. Gimel, gimel, gimel, gimel. Sometimes it's 29 days, sometimes it's 30 days. Any months which is 31? Any in Jewish calendar? No. So it's either 29, 30, 29, 30, 29. Good. Cheshvan. Chaz. What is Cheshvan? 30. 30. What is the ... placing the other ...? 31. What's the machlokes? What's going on over here? Yeah, the other ... 31. Huh? At the end of 30 days, the month is 31 full. Right. Either it could be the 29th day, or it could be the 30th day, or it could be the 31st day, depending on which sheetah you learn. Okay. So what do they argue? Do they argue because he says 29, he says 30, and he says 30, he says 31? That's what it is about? Or the pshat is, ... they hold that that's what the metzius is, that some say that the average woman is 29, and some say the average woman is 30. I guess they went to different medical schools. In one medical school they taught that it was 29 days, the other 30 days, 31. Okay.

Rabbi, could you discuss with me what the machloikes is? You just like to argue, right? Tzeicha madreigah. Okay, let me tell you what I think the machloikes is. It has a lot to do with everything we spoke about today. What is our machloikes? Is eino beinonis a chashash? Is eino beinonis a chazakah? Meaning, who says you have to look at this woman's chazakah? Let's look at the whole world's chazakahs. You thought of this? You like it. A whole lomdus shavah, a lomdus shavah, gevaldige, gevaldige. You hear my vort? Who says it? Just because I said it before doesn't mean it's not gevaldig. The fact that I said it before and I say it again is probably because it's gevaldig. That itself is good. You hear the question? Is it chashash? Tell me something, if it's just a chashash b'alma, you hear? So what's the pshat? The chachamim were looking to asser her? I mean, we're looking to asser her? Let me ask you a question. Let's say this woman has some kind of gevaldige history. She has a gevaldige history, yeah? But it has nothing to do with thirty. Never does she ever see on eino beinonis. Does she have to keep eino beinonis? What? What? She's not kavua. She's not kavua. It's machloikes. Machloikes, right? So I hear this shaila. The shaila is, do we look at this isha? This isha should never saw on thirty. Well, the pshat is, once you're out of the—watchful—then we look at the chazakah of the whole world. That's the way I understand the machloikes. Okay, so let's discuss. If you learn that we pick the chazakah, we're afraid, yeah? So the taiches, because orech b'zmana, she's got to have a period. So it's a chashash b'alma. So there's no history. It's not based on any history. It's that we're afraid, so you have to have a number. You got to have a number. We got to pick a number because you got to be afraid. But if the taiches, it has to be based on a chazakah, so we have to find the chazakah to asser her. So how do we find the chazakah? We look at the whole world. It has to be based on a chazakah. We look at the whole world. It's not pshat, we're afraid. Oh, so that's will be Tosafos. If you learn that it's pshat is stam we're afraid, right? So what happens if her chazakah is different? So if you learn it's chazakah, her chazakah is different. She's muchzak lo liros. But if the pshat is chashash, the chacham said to be choshesh. I'm gonna leave you with this. Think about it. This is Tosafos why it could be Yom HaChodesh, or lamed or lamed aleph. It's Tosafos in this sugya. Good? Huh?