Hilchos Kesamim: Defining a Kesem, Hargashah, and the Difference Between Tumah and Issur

Transcript

Today, we start learning the sugya of ksamim. ... What is a ketem? Ketem is a stain, in English we call it a stain. Ketem is a stain. Ketem is a stain. Pashtus, look at the words. It's mashma that stain, lafukei flow. Vachiluk beineihem zeh ulai ba shiur, the measurement. Ulai ba shiur, the measurement. Flow is more, but ketem is just a stain. Kacha nidmeh. Kacha nidmeh k'sheshom'im. That's the way it looks like when you start hearing and listening to nida, ksamim. The emes is it has nothing to do with that. The emes is that it has nothing to do with flow, lafukei kesem, which we're saying it's not the flow. The kula of kesem is not because it's not the flow. It's a tois. People think that the flow, there's the dam, and then there's a ketem, which is a stain. Now, obviously, they're both the same dam. It's both dam nidus, the flow and the ketem. So, mashkafah rishonah, you say that the difference is the flow is a lot and the ketem is less. We're soon going to learn that it really has nothing to do with that. The fact that we talk about measurements, that's a kula. It's a prat of kula in the din of kesem. When it's a kesem, so the measurements will make a nafkamina: should we pater it, metameh or metaher it? But that's a chachamdike negea lahalacha. It's not— you would say a ketem is a stain; it's smaller. There's the flow and then there's the ketem, right? There's the flow and then there's— it's not staining. In English we call it staining. And the yesod of the nafkamina would be that this is the nidus and this is just staining of the nidus. It's just the staining. Staining is not the yesod of this halacha. It's not about staining. I mean, we're soon going to learn it has to do with hargashos. It has nothing to do with the fact that it looks a certain way. It's not about that. Once you have a kesem, once פירוש, it's not nidus flow. Now we're going to come and say, listen, why does the measurement should be metameh? It's talui in a measurement. But the yesod of kesem is not about flow, irrelevance, and opposite to a stain. So let's see how the Shulchan Aruch brings that halacha. Dvar Torah: Ein ha'isha metameh v'lo asurah לבעלה. Two things are interesting, huh? What's that? Tumah and issur. You know, the mitzvah of... I'm sorry, the mitzvah of panavision has pages and pages of arichus. Is the tumas nidah, the issur nidah, talui haba hacha. There's tumas nidah and there's issur nidah, which means, does the issur come because she's temeiah? There's an issur of nidah. There's a tumas nidah and there's an issur nidah. The nafka mina, of course, is going to be with mikvah, with sveikos, and then...

And this week you go l'kula in one thing in chumrah and in issur, and there's a lot of Torah in the poskim, tumah and issur. But here, for some reason, he puts it together, דבר תורה. אין האישה מטמאה ולא אסורה לבעלה. So the first thing that jumps out at you is, why does ... צריך לדבר על שני קווים, טומאה והאיסור. Niddah — אין האישה נידה. She's not a niddah. We can talk about this as we get more information about what a kesem is. Reb Feivel, you understand the ha'arah? You had the same question? You had the question? First time — we never spoke tumah, issur. So first time in all the sefarim that we learn, all of a sudden there's tumah and there's issur, and then we have to start looking in the yeshiva Shas Torah, the chiluk between tumah and issur. Why here then? Let's say it's true. Let's say there are two things. Why here, lama po? Why here is the place to be mad... ad shetargish, till she feels she yotzei dam mipesarah, that the blood is coming out of her pesarah. Vechachamim gazru al kesem shenimtza begufah, bebegadeha, shehi teme'ah ve'asurah. See? You see that he doesn't let go with it. It's me'ah v'asur. He's madgish, tamei v'asur, both things. So what does Chacham gazru? Al kesem, which means lafukei hargasha. Kesem must mean lafukei hargasha. Kesem must mean lafukei hargasha. Maybe not. Maybe it's two different things. Maybe there's a din of hargasha, and kesem is a Chachamim gazru al kesem afilu lo hirgisha, which means, l'choira, if kesem means lo hirgisha, so what's afilu lo hirgisha? Meaning that it's just, the word afilu lo hirgisha in the Shulchan Aruch is just for the lashon. In other words, even though it doesn't have the first halacha, the ikur is the first halacha, gazru al kesem afilu that it doesn't have the first halacha. You shouldn't say that. No, I'm just saying that's the afilu lo hirgisha. Afilu lo hirgisha means that it doesn't have dvar Torah eino ishah, doesn't have that. Or maybe it's two different sugyas. There's one sugya like this: an ishah, hargasha, v'chachamim gazru al kesem, even though, even though it, grada, is missing the ענין of hargasha. זה מה שאתה אומר, יום אחד זה. Is it ...? Yes. Yes. Repeat it again. Listen to me carefully. Listen. Don't worry, we'll go slowly. Enjoy. I have a lot here to talk about. ... הרגשה. Opposite is ketem, or is it dam nidus, nidus, and the opposite is kesem. Could we figure out how we get something a little fresher in here, something? Window. Open a window, something. No, the air conditioning is not going to be able to take it, so we'll have to call Hatzalah. Hatzalah right away. Okay, so again.

Rebbe Feivel, Rav Ilan, Rav Natan. See, lucky that the tape is running, because the Rebbes, the Rebbes, the Rebbes. What is? Goyiner Reb Gershon, Goyiner Reb Gershon. You hear? Brian, listen, listen, listen, listen. If you had to write this and the flip, right? So let's see: nidus and ketem, or hargasha and ketem. Is ketem bli hargasha, or is ketem ketem, and it happens to be it's bli hargasha? One of the components of ketem is chad mehadvarim shel ketem, is a geder, is a bli hargasha. Is it flow, staining, or is it hargasha, the less hargasha? Ketem means bli hargasha. Vechach omrim gazru al ketem, shenimtza begufah begadeh, shehitmea, asur lahafilu lo hirgisha. Afilu shelo hirgisha, or afilu lo hirgisha? What happens? Shelo hirgisha seems like usually you do feel; this time you don't. Lo yigisha means you never, you never did. That was like this: is it possible, possible for something to be a ketem and you were still markish? I'll tell you, im yesh lach she'eilah al acharei. What's a kasha, Rabbi? Could there be a ketem without hargasha? Is that the kasha? Could it be a ketem with hargasha? Could be such a thing? Isn't that din Torah already? I feel a tipas dam kechadad... if you have hargasha, you're coming. You know what, I'll tell you. But she had hargasha. They're saying she had hargasha, psichas hamakor, and then she finds a ketem. You're saying what? Maybe that's from the... No, no, Rabbi, you didn't understand what I was saying. Let me tell you what I'm saying. What would be if she had a ketem, right, and there is a hargasha, but she doesn't know about it? There is a hargasha. She saw a ketem, right? So af al pi, here, afilu lo hirgisha, it should be afilu shelo... It's not afilu lo... She didn't feel. There was no hargasha, bemetzius. Shelo hayta hargasha. Sheloy seems like usually there is. Sheloy seems like usually there is; this time there wasn't. Right. Afilu the ketem is this, the ketem lo hirgisha. What do you mean? The whole metzius of ketem is shelo hirgisha. As if you're teaching me v'chachamim gazru. Are you trying to teach me that the chachamim were gozer on a ketem, afilu shelo hirgisha? That's what you're trying to tell me, even though that she didn't feel. Or v'chachamim gazru al ketem shenimtza b'gufah, afilu lo hirgisha. Hirgisha v'afilu lo hirgisha. Od paam. I'm going a little slowly now. There's a reason for it. You'll soon see. It's going to be very interesting. Tomim. Tomim is beautiful. Vestes is hard. Tomim. I wanted to tie in, that's pshat, keitz sam lachoshech. That's why we learn it after Chanukah. Keitz sam lachoshech. Okay. Cool. Me'ah mevucha? It's cold, no? One of the vestes, me'ah mevucha, choshech. Okay, od paam. Nidus, ketem. One way to learn. The second way to learn is, hargasha, ketem. פירוש.

The word ketem is that it's a stain. It wasn't a feeling. Ketem is כאילו נמצא. Lo hirgisha. Ketem is not a chomer, it's not a metzius, it's a thing. Ketem means lo hirgisha, nimtza. The word ketem means nimtza, found, something. Okay? Now, so I show you like this: דבר תורה, אינה אשה מיטמאה ולא אסורה. So he talks about tumah and issur, good. עד שתרגיש שיצא מבשרה. חכמים גזרו על כתם שנמצא בגופה ובבגדיה, שהיא טמאה ואסורה לבעלה, אפילו לא הרגישה. He should have said, אפילו שלא הרגישה. If you're telling me a chiddush that a ketem, even though min haTorah you need a hargasha, and a ketem is even though she lo hirgisha, so say, אפילו שלא הרגישה. You know about it? So say, אפילו שלא הרגישה. I want to know, are you trying to go back— No, Dov is asking, why doesn't it say אפילו בלא הרגשה? Right. Not שלא הרגישה. No, I'm saying it the way, a little bit different. Do you mean she didn't feel, but there was? Or pshat is, her mamash wasn't? Isn't that why there's a gezeirah of ketem? I want to know, are you trying to, you know, a peshat, a peshat here, even though you need a hargasha, chachamim gazru a chiddush, even though she lo hirgisha. The flips, meaning the flip side, even though I'm telling you that halacha is you need this, I'm telling you this. Or what's the second side? What is telling you? You're making a chiddush. What's the chiddush? That even though by a kesem, a kesem, for other reasons gazru. Meaning, comes that a kesem is aser. I, lemaaseh, you need hargasha, afilu lo yargisha. Chachamim gazru not because afilu shelo yargisha, because of a different reason. Chachamim gazru. It was a gezeirah. And it happens to be not—I'm trying to say even though it doesn't have the first quality, I'm telling you a kesem without hargasha. Ke'ilu, it's shayach a metzius of kesem even with hargasha. I'm not sure, that's what I said, safek. There's different cases. But the first thing is you have to know what's kesem. Is kesem a chiddush of not hargasha, or is kesem a chiddush something else? Why can't say afilu lo yargisha, meaning that she didn't even—she doesn't know, because she's sleeping. No idea. We talked about sleep. That's exactly what I brought out. What happens if there's hargasha, but she didn't feel it? We don't know if she felt it. I want to know, my point is, does kesem mean that there can't be hargasha? So the pshat is either you have a hargasha... Chacham gazru al kesem, afilu shelo hirgish. Even though what's required is hargasha, you'll still have a din kesem. Oi dilma, it's not lafukei hargasha. They're mechayev kesem and grada, this kesem is afilu lo hirgisha. Is the chiddush of kesem that you don't need hargasha? You know, if I say it from the Gemaras, if I say it from the Gemaras, you'll understand more what I mean. You ready? Is kesem tahor, meaning min haTorah, from ad shetargish bivsarah, or is kesem tahor, we learn it from a different pasuk? Where do we know kesem from? You know where you know kesem? Dam v'lo kesem. Yeah, you're so sure it's that? Dam v'lo kesem. Thank you so much. Dam mi'zovah. Dam v'lo kesem. Lo kesem. Do I know what I'm talking about? Now you see how my mind works? Now you see what I'm trying to get at?

Is he telling you that Gemara that you quoted, that everybody quotes, right? I think it's Nun Zayin, I'm sorry, it's Nun Zayin amud beis, right? The Gemara says, b'psara ad shetargish. So the Gemara comes along and says, אי בדיקתא. So the Gemara says a teretz that bedikas eid is good. The Gemara says a teretz to bedikas eid that she felt, hirgisha, she felt, okay? So is the limud from hargasha, lafuke kesem shelo hirgisha, or is it dam v'lo kesem? So it's mamash what I started this shiur. Nobody talks about this two types of kesem. Yeah, but the Gemara talks about it. I didn't make it up. Did I make it up? There's two Gemaras. The kash is going to be, what do you need both Gemaras for? That's a sugya. Now we have to discuss why you need both Gemaras. But it's two Gemaras, rabosai. The first Gemara is on Nun Zayin. I think the other one's on Nun Ches. First besi'os, Nun Ches. It's almost pashut, it's on Nun Ches. ... Nun Ches. ... Right, the first one, the b'sara is Nun Zayin, and the other one is Nun Ches. ... Memories good. Okay, you hear? Od pa'am. Hechalti hashiur, pshat hu, flow, lafuke ketem, which everybody thinks is kipshuto, right? עוד פשט is, הרגשה, הפוקע אין הרגשה. אני יודע מה בלב כל אחד. אחד חושב עוד פעם למחר, חקירות, הישיבה של חקירות. פעם לא ללמוד פשוט. You know what? Okay, we'll learn pashut. You want to say it that way? The difference between a lamdan and a baki is the same thing. It's all the same thing. The baki comes from the Gemara. The lamdan comes from the same, but they're at the same point. They come to say, okay, you want it from the Gemara? Okay, there's two Gemaras. One Gemara says, בבשרה עד שתאגד בבשרה ולא כסם. And then there's another Gemara, דם ולא כסם. Dam, what does dam mean? Dam nida, not kesem. It's also dam nida. Don't come tell me it's a dam nida. It means flowing stain. But a kesem could also mean ketem, though. What if she has a... בבשרה, הרגשה. לפוקי this means... not only ketem, לפוקי ketem בלא הרגשה, or לפוקי anything without a הרגשה. And therefore, the sugya of ketem, that's the pasuk. That's the pasuk. And then there's another thing of having a flow. And then you see there's a second sugya, and there's a kasha. You have to do—what do you need both sugyas for? And that's why you have to know it's not as pashut as you think. It's not as pashut as you think, that it's flow, right, and staining, or הרגשה, not הרגשה. It's both. We're gonna have to find—it's both. So we're gonna have to find... יסוד. ... minutes אחר כך. Okay. אפילו בודק עצמו מרצה טהורה. Even she was bodek herself and she was matza tahorah. צריכה הפסק טהרה, ואחרתים שבעה נקיים, חוץ מיום המציאה. ראתה. Okay. Now, the Gemara, when the Gemara says, עד שתרקיש, that's a kasha. What's the Gemara? The Gemara says, so what do you do with bedikas eid? So the Gemara gives a teretz that that's called bedikas eid. That's called hagasha, excuse me. That's called hergishah. Huh? Bedikas eid, that's called hergishah. So there's two ways to learn this Gemara. The poskim—it's crazy, placekim maybe—it's brought down, the poskim, that there's two ways to learn this.

There's one way, mechudesh, that you might not know, and there's one way, the famous one. What's the famous one? Since l'maaseh you put it in and you found dam, dam comes with hargasha usually. Ah, you didn't feel the hargasha? Hargasha was there. How can it be there if you didn't feel it? The teretz is, the eid was machrich; it took away the pain, and therefore you didn't feel it, because the sensation of the hargasha made—I'm sorry, the sensation of the bedikah made it that you shouldn't feel the sensation of the hargasha. That's the pashut pshat that all the poskim, everybody says. There's another pshat that's brought down in the poskim. Even if she was margish, the story is that she was margish. So then why is she not a dairaisa tameiah? What? Bedikas eid—I'm sorry, bedikas eid is d'oraisa. So what's the chiddush if she was margish? What's the chiddush? That's the kasha. So we would say that maybe because of the bedikah caused the hargasha. It caused, or it camouflaged? Camouflage is the second pshat. The second pshat is that there's no hargasha, but there is. We decided that there is. It was there; she just didn't feel it. The first pshat is that she felt. Hargasha—the Gemara says hargasha, she felt. Ah, you'll ask a kasha, so then what's the chiddush? Of course. Of course she's tamei. What's your sugya of eid? Of course it's tamei. It's regular hargasha. There it is. You would say that it was caused by the bedikah. It's not a real hargasha. That's called a real hargasha. Two pshatim in the Gemara. One is that the eid caused that feeling. One is that the eid covered the hargasha, and the other pshat is one is the eid caused the hargasha. So the bedikah just is dam, because it's a makkah, whatever it is. The hargasha wasn't real. You didn't see the two pshatim. Whenever I saw the second pshat, I always thought it means the eid caused the hargasha, and that's what it means, machshir; it was covering over with its own. I just said that. That's exactly what I just said. No, he's not saying it as a pshat. He's not saying it as a pshat. Either the hargasha was there, but ... don't think it was the eid; it was actually ... Just there was no hargasha. Why didn't you feel anything? Because we're checking. I didn't understand. How could there be nothing there? Does that mean I didn't feel anything? How could something cover over ... So you asked me on the pashut pshat. Okay, we went through this. I don't know if you know. You didn't start the first time you asked me this. I remember two other times, and I remember from two other locations when we had this out. You know that he keeps on asking me the same question. It's the same thing over again. ... about the death ... Okay, okay, let's do it. Okay, Raffi, listen carefully. Raffi, listen carefully. Okay, so what do we do? I should first skip the first, the chiddush dekushya, and go to the pashut pshat? The pashut pshat is that she says she didn't feel anything. She says she felt nothing, right? But we take on that she did feel. Why do we take on she did feel? Because since normally blood comes with hargasha, and she saw blood, we have a reason to explain why she claims she didn't feel, because the bedikas eid is there. But the feeling was there; she didn't feel it. Was the feeling there and she didn't feel it? So now, you see, I discussed this with him. This is a problem. You know what the problem is? That it's—

They don't have to explain, you felt but you didn't feel. What's wrong with saying there was a feeling, but she was... Either you learn the pshat is—you want me to go one step further, I'll go one step further. Either the pshat is she just doesn't realize she felt it. Something else was so loud. Right, it was so... Or the pshat is that she felt it, but it's nichlal in this stronger feeling. It was covered. Like, for example, for example, let's say, let's say a person is drinking a cup, and someone gives him a punch in the face, right? The cup breaks, okay? So the fact that he got the punch, that hurts. And also the fact that the cup—let's say it's not a very glass or whatever, it's a cup—it hit him also while he was being punched. Tell me, you felt that? I wasn't thinking about that. My stomach was there. I just, I was thinking about the harder punch. I was thinking about the more stronger punch. Or the pshat is—I'm saying it's definitely there. That's what Chazal say. Okay, now this is the second pshat. The first pshat is, the first pshat is that it's hargasha, and we would, chakirah, we'll say maybe be toleh it on something else. Teretz is, b'pshara that we're not. So what's the pshat? Why not? Huh? No, I think we're all saying the same thing, but in different words and in different, you know, it's like it's coming from a different angle, but you're all more or less saying the same thing, okay? Is it there? It's not there. It's there. Because it's, because it's, what is this? It's oxymoron. You can't have, you didn't feel what you felt. So that means I didn't. If it was drowned out or you heard it, but you thought that thing was something else was causing it. Exactly. So there's two ways how to learn it. That's what I'm telling you. There's two ways how to look at it, okay? Now, either way, there's a hargasha. The first pshat is hargasha. Let's be toleh that it has to do with this. The answer is no. Why not? I mean, so what's the chiddush? The chiddush hakra is what? That a safek hargasha is a vadai hargasha. What exactly is the— I mean, it's not a special din to be— no, I'm saying it's not a special din that an aid isn't going to take away hargasha. It's a din that any questionable thing— yeah, so it's a safek d'oraisa l'chumra anyway. So I don't know what the Gemara wants exactly. What is this Gemara בכלל? No, what I mean to say is there was a hava amina that maybe we should be toleh in this. You're missing the other way. I'm saying the other— She was at work. She was at work. אני לא מדבר על זה, אני שואל להפוך. עכשיו יש בדיקה, מה החידוש לפי הפשט הראשון? הפשט הראשון אומר שאף על פי שהרגישה, אולי יש לתלות את ההרגשה במשהו אחר, משהו אחר גרם לזה, שלא תלוי. Why would I think, yeah? I mean, I don't understand. Why should I think? Unless there's a special thing, like a bedikas eid, is something that really causes a woman to have hargashos. Kamashmalan, even so, b'psora. I don't know, a special din. I mean, is the pshat any time she has sofek hargasha is aser? Is that the chiddush of bedikas eid? It's maybe chiddush. I mean, what are you saying? The other way is gevaldik. The other way is, hi lo hirgisha. אז מחדשים, bedikas eid. It's a ... chiddush. Lefi hapshat הראשון, ממש זה חידוש. There was a hava amina to come and say, sofek hirgisha, lo kacha. And I'm saying I don't think that it's a special din by eid. Gemara was saying maybe eid, maybe eid causes hargashos. It's just a tliya.

Maybe it's coming from the eid. So maybe if it's coming from the eid, so what would you think? What was your shaila already? Unless... because a chiddush of safek hargash. Maybe there's a p'sak halacha called safek hargash. Safek hargash. Safek hargash, kamashmalan, the din of eid is telling me that you have to be machmir. That's what I'm saying, okay? I'm not going further until you get this, because if you didn't get this, you missed the big foundation of the sugya. I'm not going to go further. If you didn't get it, tell me. Just tell me you didn't get it. Okay. I'm saying a very simple thing. The Gemara says that if you have an eid, the Gemara says that it's still asur. In fact, the Gemara, ah, you need hargasha. So the Gemara says hargasha. It's talking about that she taka did feel. So then what do you have to tell me that bedikas eid? I mean, if she felt—it's medubash, she yagisha—so don't tell me bedikas eid. It's talking about that she felt. So one pshat is she didn't feel, but we say she felt. Okay. Okay, but that's the pashut pshat. Kulam poskim kach. Okay, fine. But the kreisi u'pleisi, there's other acharonim that bring a different pshat in the Gemara. That the Gemara means like this: V'emes, ken hirgisha, aval ulai yesh litloses hargasha ba'eid. Maybe the reason why she's margish is because the eid causes it. Kamashmalan that she's taka asur. And that's the chiddush of eid. The din of eid that the Gemara brings a braisa, it's a braisa, is a chiddush that even though yesh lecha ma li l'histapek, ein l'histapek. So I'm asking you, the pshat in the chiddush is eid. Eid is something which causes hagashes, v'hula yesh litlof, v'kamashmalan eid lo, eid lo kacha. So it's a chiddush din in eid. Hava amina eid kamashmalan eid, that the eid is not going to cause it. Pashut pshat is din in sfeikos. Sofek yesh ma litlot, tliya, right? Kemo yesh din tliya b'maka, ula yesh din tliya b'eid, kamashmalan b'hargasha lo tolin b'eid, right? I mean, what's the chiddush? I mean, why would I think differently? So you see that there's a sugya called a sofek hargasha, a sofek in hargasha, and there's a chiyuv to pasken l'chumra, yeah, al sofek hargasha. That's what we see, that it's not stam. Of course, if you have a sofek, a stam have a sofek, it's d'Oraisa, but what's your sofek? There it is a sofek. Sofek hargasha is l'chumra, okay. Now, on the second side of the Gemara, on the second pshat from the Acharonim, lo yigisha. Aval, aval, omrim, we say that what? That the eid blocked out. So my shaila is like this: is it d'Oraisa? Or is it derabbanan? Is it a de'oraisa, or is it derabbanan? It's a machlokes haposkim. Flood antique. Now, you want to bring me the names of the people. Go find the names. No, get the names, get the names. Mi omer she'eid de'oraisa, u'mi omer she'eid derabbanan. What's wrong? You're tired, tired. It's normal. It's very normal. Go ahead, read it. If you have it from the bottom of the Pischei Teshuvah, what do you have over there? Right. He brings a bunch of Pischei Teshuvah. Right. It's a whole shaila in the poskim. Yesh shelaba poskim, hem mesafek de'oraisa. De'oraisa. It's a crazy place, de'oraisa. And who says derabbanan? Okay. So we have over here a shaila, bedikas eid, huh? You're very photogenic. You look very good on camera.

Eyes are taking what the seer, with the kochos of the seer. Right. Your vision, you're taking in whatever's there. Unfortunately, we all do certain, you know, things, whatever. Therefore, you take in an exact, the full image. The photo takes in what it is, okay? Therefore, the ruchnius of giving a shiur, of teaching Hashem's Torah with all feeling. Let me tell you something. If the truth, I look like I'm excited to be here, right? Yes. The last thing in the world I want to do is give this shiur. I promise you, it's the last thing in the world I want to do. I'm so not feeling well. I'm so not in the mood. I'm so wish I was not here. I'm telling you the truth. You want other truth? Ha'emes l'amito shel... I am really not interested in what I'm doing right now at all, on a personal level. No, I'm being honest with you. I'm sick. Do you understand what it means to talk when you can't talk? You understand? You're chazak. You know what I'm talking about. It's frustrating every word. What I trained myself, I trained myself. Me, out the... I leave me as soon as I walk through that door. I leave me alone. Me's not here. You know what you're seeing? You're seeing a person who's teaching Hashem's Torah for the sake of teaching Hashem's... That's it. And that's what your picture is picking up. Plain and simple. So how come some rabbanim that I videotaped over the years in my career, how come some look good on camera, some look animated, and others look like deadwood? Leave that for you to think about, contemplate. They're not really rabbanim. I don't know. I don't want to get into it, okay? Even your bachurim look like they want to be here. Let me tell you something. They're not living easy lives. They all sit here for the right reasons. Of course. There's not one guy sitting at this table that doesn't deserve credit for sitting at this table. They also have—what do you think, it's easy for them to be sitting here? They're also doing what I just did. Very hard. No, because of their private lives, difficult, with children and money, and then nobody wants to be here. More or less. Some more, some less. By me today happens to be as less as could be. As less as could be. Okay. Thank you. All right, now, did you understand what I said? What you said, the biggest... you understood? I missed the middle part. Did you catch what I wanted? It's true. I'm being honest. I'm being honest. I sat on the bus, and I thought to myself, I just can't do it.

I can't, I can't do it. I was homeless tonight, what are you talking about? I slept three hours and I came back. I mean, I'm telling you, I'm not joking, I'm not lying to you. I got up at six o'clock in the morning to daven, and I went right back. And if you think I didn't get a portion from my... It was unbelievable what I got, unbelievable. I was standing there, I said, I can't, I can't choke it, but I said, ... it's for you, and that's all. I moved on. What else to tell you? I came and I'm here. Zech chayim, rabosai, you don't understand. You sign in as a soldier. That's what it is. A soldier does not miss. שלג, קור, וחום, מרגיש טוב, לא מרגיש טוב. That's it. Okay, let's go right now. Yeah. Okay, so the shaila is, is it de'oraisa or is it derabbanan? Wait a minute, didn't you just tell me safek hargasha? One sec, is there or is there not a safek hargasha over here? Who? Second pshat that maybe there was, we say there was hashgacha, something else blocked it. So the shaila is if it's tamei in the teretz, is it's tamei mid'rabbanan. Why don't we say it's a safek de'oraisa? What? What do you mean, is it de'oraisa? Even though there was no hargasha. You had a sheet next to her, nothing had been picked up. It's because you're saying probably it was blocked. That probably is a derabbanan. Well, I'll tell you why you're not— you know what it is? You said a half thing, and therefore you're not right. What we have to do really is go back and say, where are we starting from? Are we starting with a chazakah? A chazakah that dam sheba b'isha is b'hargasha. So then the fact that there's dam without a hargasha, and there was a bedikas eid, so it's really just a safek which could be understood, which brings me back to the chazakah, so then it should be d'Oraisa. O dilma, or the pshat is, there's no chazakah, like Rafi said it. It's just that maybe it was there. So maybe it was there, it's only derabbanan, because we don't have a reason to stop. Or maybe, o dilma, we could come and say that this is to do with the sugya of safek d'Oraisa l'chumra is midrabbanan. Okay, עכשיו עוד פעם. בוא נמשיך. בכל מקום, בכל ספר, בכל סוגיה, כשלומד סימן קפצדיק, they're going to talk about this. You have to know this, okay? When you have a bedikas eid, is it safek d'Oraisa or derabbanan? יש אומרים it's asur midrabbanan, יש אומרים it's asur mid'Oraisa. So the shaila is, when it's asur mid'Oraisa, why? So pashut, because safek hagasha is awesome min haTorah. Ay, you'll ask a kasha: who said there was hagasha at all? Tehainu, that's really the second pshat. The second, the second says it's derabbanan, says this: wait a minute, who even said there was hagasha? You decide maybe there might be. So you're afraid of him zokt the boogeyman in the dark. You don't know that it's there. So of course it's only derabbanan. So what's the teretz? The teretz is because chazakah. There's a chazakah that whenever there's dam, it's ba min ha... min ha... hagasha. So what's the din? The din is that it's de'oraisa. The chazakah makes it safek. So what's the tzad of Rabbanan? It doesn't hold that it's a chazakah. It's a chiddush, because b'emes the Gemara says it, chazakah dam ba min ha... hagasha. So the second pshat is a very big chiddush. The second pshat is a very big chiddush. Ma she'ein kein, you could say that maybe, hanachanami, it has to do with the sugya of safek de'oraisa l'chumra mid'rabbanan.

It's not mashma that the sugya is shev shmaita. Oh, the kasha is, chazakah is stronger. Once you have a chazakah, then it's not even a safek d'Oraisa. Well, it's nothing. It's just, I don't think it helps. It's nothing. Okay, here. Okay, so once you have a chazakah, once you have a chazakah, so then there's not even a safek then. I mean, how could you have a chazakah and a safek, that something's wrong over here? There's a chazakah. So the truth is, maybe we can look at it a little differently. We could say like this: the chazakah is a chazakah whenever you have a safek. Here it's the other way around. The chazakah is vadai. Is she being mesupak, or is she saying vadai lo? So where she's mesupak, so you can come and say the chazakah is stronger. Where she's saying vadai lo, that could be the chiddush. That could be the chiddush of eid. The chiddush of eid is that even if she's saying vadai lo, her vadai lo is not a vadai lo. Exactly what I'm saying. That's exactly what I'm saying. So I'm gonna repeat it. אני אחזור על זה עוד פעם. בגלל שאתם לא תופסים מה שאני מדבר, אז הפסדתם. אני לא מדבר סתם כפרים חוץ. לא מה שצריכים ללמוד פה. Okay, here, listen carefully. הסוגיא של בדיקת העד. According to one side teaches me, ספק הרגשה לחומרא. That's what we're saying. The second side is teaching me that there's no הרגשה. להסתפק שיש הרגשה, זה לחומרא. The first case is that there's הרגשה, and we're mistapek that it's not. The first pshat. The second pshat is there's no הרגשה, and we're mistapek maybe there is. It's mamash hafuch. So what's the story that there's not, maybe there is? Is it de'oraisa or is it derabbanan? So I said, okay, that opens up the sugya very much. Why? The side that it's de'oraisa, safek de'oraisa is לחומרא, so it's pashut, right? Because we're saying that maybe there's הרגשה. Problem. The problem is, so then what should be the second side, the derabbanan? So we have to say that midrabbanan is a taich, because safek derabbanan לקולא. So then it comes out it's shev shemaitsa, and then we were discussing shev shemaitsa: de'oraisa, derabbanan, לקולא, לחומרא. Oid a pshat is— The emes. What? Right. Mash'ein kein, mash'ein kein, mash'ein kein. If you learn that b'emes it starts off as a chazakah, oh, so now you have a chazakah that it's—so then of course it's d'Oraisa, so then what's the tzad of derabbanan? So we can come and say the tzad of derabbanan is, because what is the chazakah? The chazakah isn't that it is what it is. It's a chazakah misafek what it is. Whenever you have a she'eilah, so a chazakah—it's two types of chazakos. There's a chazakah peirush here. You, Nissan, bring me a—it's a chazakah, meaning it starts off with that way, right? And then there's a safek that needs a birur, and the birur is chazakah. It's two different types. You want to learn Bava Basra a little bit? There's chazakah din and there's chazakah birur, right? It's—everybody's cold. Okay, close. I see they're freezing. I'll take care of myself. Go, go, close the door.

You learn the Chazakah's biur, you hear? Maybe the pshat is where she comes and says clearly, I know for sure I didn't feel. So there's no safek, maybe. Maybe there's just no safek to start even. Maybe. Maybe there's no makom for the safek for the Chazakah even to start. The nafka mina is a huge, rabosai, and I don't know if you realize that if it's d'Oraisa d'Rabbanan is huge, huge. Every time you come with a bedikah, should you be meikel or machmir? It's unbelievable chiddush. You know, for some reason, I mean it's ידוע that the Litvishe velt is much more machmir on bedikos, much more, much, much more. Rav Moshe was brutal. Hagaon Rebelsky in his tapes writes, says that it's not true. Everybody says Rav Moshe more machmir; it's not true. This is Rav Moshe what he was talking about, right? So din in the Yediah. All right, kach omer Rebelsky. But the point is it's a little bit more, the Litvisha are more chumrah, and the Chassidishe velt is more l'kula. It could be it has to do with this, because the Tzanzer, the Tzanzer paskened that safek hagashos is only d'Rabbanan. A lot of the mareh, the dinim in the mareh come from the Divrei Chaim, from the Tzanzer. So that's what I thought about years ago, that that's where it comes from, that they're much more meikel on these things. Okay, now. There's a very interesting Rambam. Because it's ברור that being that most women don't order גט, they don't have it nowadays, therefore we can't say it's more of a... That's a svara that they do say. They use that to say that therefore, even when she claims not, it's not. Why? Why? Why? Because I told you that it has to do the way we explained. If the pshat of חזקה is to מבאר the ספק, and she says there's no safek, but can I have a safek about you if you have a cough? Not if you have a cough. If your throat hurts you. יכול להיות שיש לי ספק שהגרון שלך כואב, אני שארת לך כואב או לא כואב. No, לי יש ספק בזה. לי יש סימנים איך שאתה... coughing, I see your throat hurts you. אדוני, my throat doesn't hurt me, you know. If the isha says, I didn't feel. Watch, I... didn't feel. I didn't feel. So they say this svara, that even if she comes and claims... that's the בר הכי למברר. That's what they want to use it, that the pshat is that even though בעצם if she claimed ודאי... מובא בפוסקים, היום, נשים מבינים... Now, listen carefully to this Rambam. אתה צריך ללמוד את הרמבם. The Rambam says like this: אין האשה מסתמא... מסתמא. What it means, she becomes becoming tamei. And what is this? דבר תורה אין האשה... Mitamah. Mitamah means mitame others? That's interesting. I thought the Beis Yosef likes Rambam, huh? I'm saying, mitame metaharos. There's a different girsa in the Beis Yosef also. I'm saying, but I'm showing you the Rambam. Ein isha mistamah, and here it's ein isha mitamah. Okay. בנידה בזיבה עד שתרגיש ותראה דם ויצא בבשרה. What's עד שתרגיש ותראה דם? Shh. עד שתרגיש ותראה דם ויצא בבשרה. So the Rambam puts in ותראה דם. עד שתרגיש ותראה דם ויצא בבשרה. What? It should say עד שתרגיש ויצא בבשרה. I mean, what's the ותראה דם? כמו שביארנו, ותהיה טמאה מאשה תראה לבדה. ואם לא הרגישה, ומצאה הדם לפנים בפרוזדור, שכנגד הפרוזדור. See, this we don't have anywhere. Nowhere in Shulchan Aruch is this brought down, this Rambam. ואם לא הרגישה, ובדקה.

Motza dam lifnei meproyster, harei ze b'chezkas sheba b'hargasha. So here the Rambam brings me the chazakah. Proyster comes along the Kesef Mishneh. He says, V'tuma zu b'safek. It comes out that every kesem is a safek. Shema kesem ze midam acher ba, because there's two dams. There's dam cheder and dam proyster. So the safek always is two sfeikos. Kashya, says the Kesef Mishneh, I have a problem. Havei sfek sfeika hu. It's a sfek sfeika. V'havi l'mishri safek megufa ba. Who says bichlal it's from her? Safek shelo megufa, v'itim shelo megufa, safek min hacheder v'tamei, safek min ha'aliyah v'tahor. So first of all, right away here we find that there's another chiddush in kesem. What's the chiddush in kesem? That it's ba migufa. It's a safek ba migufa. You hear? So that's what I was trying to tell you, that now we're learning that kesem is not only kesem shelo b'hargasha, in the din of shelo b'hargasha, but could be shelo b'gufah also. The Rambam brings a whole new picture into this. The Rambam tells me that the safek is not so much, the din of kesem is not so much a din of shelo hirgisha, but the din of kesem is a din safek also. That's what I was trying to tell you. What is kesem? Is kesem just not hargasha? Or maybe it's just not even dam? Maybe it's from something else. Remember what I asked you. Remember the two Gemaras, the two Gemaras, hashtei Gemaros. You know what it is? When you start reading the Gemara, you oimed on this? Were you oimed on a little bit of this? A little bit, huh? You start seeing that there's two sugyas going on at the same time. There's two... shnei galgalim besha'on shel ketamim. It's unbelievable. On one galgal, it's the hargasha. The other galgal is, yeah, maybe it's bichlal not dam niddah. Maybe it's bichlal not dam niddah. Who says dam niddah bichlal? Remember I told you there's two Gemaras. There's one Gemara that hargasha ad shetargish, kesem is a sugya. Then there's a second sugya. What's the second sugya? The second sugya is that dam v'lo v'lo v'lo kesem. So what's the teretz of the kesem Mishnah? Yesh loimar, דאף על פי כן החמירו בו חכמים. And even though it's a safek sfeika, the chachamim were machmir, mishum d'isa chumra, because niddah is an issur chumra. Chiddush nifla. So is this a klal in all sfeikos of Hilchos Niddah, or it's just that chachamim set so? I saw. Maybe we should apply it to all dinim. It's a big, big kesef Mishnah. Ilan, you have this Kesef Mishnah written down on the side? No, they have it. Did you underline it? No, but you understand what this is? This could be a whole new havanah in Hilchos sfeikos of Niddah. The Kesef Mishnah is telling me maybe niddah is an issur chumra, so whenever there's a safek, be machmir. Oyde pshat is, no, the chachamim hechmiru. Where they were. Where they were. Why certain cases, and certain cases not. What is the safek? What is the sfeikas of kesem? Is the sfeikas of kesem פירוש? Let's say we aser kesem. We aser it as a kesem, we aser it as dam nidah. Is kesem a separate sugya? Is kesem in a separate din? Or is kesem, in a brief, it's an added to the dam nidah. There's dam nidah. I, there pturim in dam nidah, whatever the pturim are by kesem, kamashmalan, these pturim don't exist. Again, hargasha, kesem. Kesem is not nidah. If you learn it's about hargasha, and you have a kesem, it's not a din dam nidah. She's just not a nidah. Oi, the pshat is, no. It has to do dam b'lo kesem, right? It's not so much dinim in the ptur of nidah, but rather what is it? Maybe there's no nidus over here, bichlal. Kamashmalan kesem that there's a nidus. Maybe this is dam nidah, yeah.

Chumra in Hilchos Kesamim, or it's a chumra in Hilchos Niddah? Okay. V'oid yesh lomar — I see that they're drowning me out over there. V'oid yesh lomar, sheme'achar she'ein lo davar litlos bo, hichmiru chachamim lo medavkin, ilu hi megufah vadai. Ein kara ela safek echad, v'efsher shelazeh niskaven Rabbeinu. Yeah? So the chachamim went and they said it's mamash ki'ilu vadai. Okay, so listen to what we're going to do. Stop over here. Do the Kesef Mishneh, do the Rambam, do this, do all the mefarshim, and im yirtzeh Hashem Thursday, hanafka mina lahalachah mimah she...