Hilchos Mareh Dam: Red and Black Colors, Safek Bedikos, and Hefsek Taharah
Original title: VOC083.MP3
Kol mareh odom. Where's the translation for the word mareh? Now let me tell you what the language of today is. When you have a cloth, or for that matter, an underwear that got stained,...
- Speaker or source
- Archive
- Category
- Halacha
- Subcategory
- Yoreh Deah
- Sub-subcategory
- Niddah Taharas Hamishpachah
- Duration
- 1:13:11
- Recording year
- 2007
Transcript
Kol mareh odom. Where's the translation for the word mareh? Now let me tell you what the language of today is. When you have a cloth, or for that matter, an underwear that got stained, it's called a mareh. That cloth that has a shaila on it is called a mareh. Is that what we're referring to over here, kol mareh odom? Or mareh means anything which is nireh like. Kol mareh odom, anything which seems odom. Mareh odom, anything which looks, looks of. There's a very big difference, you know that. I didn't say anything. I'm just asking. Kol mareh. Do we mean mareh, the cloth, like in today's lingo, so to speak, today's language? When you come with a shaila, well, you have a mareh. It's called a mareh. That's what it's called, because you have to show it to the rav. Mareh. It's something that has to be seen, so it's called a mareh. Do you mean kol mareh, which is odom, or he's going on the color? He's defining colors now. Kol mareh adam, anything which seems of red, which glears, which perceives, there's a perception that there's red there. Which one is it? What do you say? I think that seems, looks. Looks. Why? Only because the Hebrew reading is that way. But, you know, if you learn Hilchos Niddah, the word marah means this. There's room to say that, and I'll tell you why I'm saying that. Does it have to be red, or anything which seems red is already not allowed? It's already not good. We're going to discuss this. It's a very big shaylah. And I'll just throw out, you know, like this, you'll see that I'm not just playing with words. You know, red, there's five reds, okay? Four and black. There's five reds, right? There's chamisha mareis dam, you do the Gemara, you saw the Rishonim. Okay, so there's five colors of red. Today, we don't follow five because we say that we're not baki anymore, and that's what the kol means, kol. Today it's anything, okay, anything which is red, because we can't be mavchin, we can't separate between this red and that red. Does that mean that the five reds, as well as the ones that we don't know, are all in the same league, so to speak, of chumra? They're all de'oraisa? Or there are de'oraisa ones, the five, and because we can't be mavchin, so now it's only a derabbanan? You're asking me if I'm going to do it. I'm not going to. I'm not going to do anything. The Tzemach Tzedek does that. Acharonim do that. They ask this for a very famous shaila. Is it possible to say five, five out of five? Now, the reason that we don't have five today is because we're not baki. Translate, we're not baki. What does that mean? That we lost the expertise, or that the bloods now are already not definable. It has more to do with today, the blood, the nature changed maybe a little bit. Or what did you say? Right. Huh? We're not baki. So the Tzemach Tzedek brings rayos that there's actually from Rishonim and others and other Gemaras. It's a long teshuva, that it's very, very possible. It's not so much that we lost our expertise as far as our eyesight, as much as that it really changed. You know, nishtanu ha'tiv. Things have changed a lot. We've become, you know, what once worked in hilchos refuah doesn't work anymore today. It's not the same refuah.
I don't know if it's more tahor, but it's that we don't know. In other words, the bloods that might be tamei today still might be—those what we call ventahar might really be tamei bloods today, because it became, the colors changed a little bit. How do we know that? We don't. So therefore, kol maris. So therefore, kol maris, then it becomes all d'Oraisa. Then it's a safek d'Oraisa, maybe. It would come down to whether or not it became, because we don't know which blood turns which. So then it's a safek d'Rabbanan more. But in the Torah, in the Torah it shows that the word chazru looks like— You didn't say the word chazru, you said gazru, you mean. I'd rather like the word gazru. The word gazru is a very nice word. The word chazru, that's what— Yeah. It says, ... So why the word chazru? It means that there were once a hundred— You have the girsa chazru. It's interesting. The Bach has the girsa gazru. I don't know. But Tur says chazru, so I want to say what it was—what old tahor, then Torah came. So the Tur, what I want to say, what the meaning of the word chazru means, because my pshat פשוט think stupid, like it was a hundred once, then it was five, and it became a hundred again. No. So I want to say chazru, hainu chazru l'havi that things that were tahorim or whatever made them d'Oraisa. That's what I want to say. Okay, so the reason why you were saying this is all good, we're going to get to all this a little bit later, right? Just first wanted to throw out the basis of the sugya, the—what do you call it—the foundation. The foundation of the sugya is that for some reason five turned into all. So when five turns into all, it turns into all equals, or does it turn into the five mains and the other ones are sfeikos more? And because we can't differentiate, so it's all asur. Now let's go to the other shaila I asked you. What happens if it's not red, but it seems red? It looks like red. It's close to red. It's reddish. Ever hear the word reddish? Now, you didn't have negeia till Chasidi again. When you bring a marah, that's the way they— that's the language. Not red, but it's reddish. What is reddish? Does that mean kol marah? The word marah adom? It seems. Otherwise, just say kol adom, all reds. Or you mean marah, the cloth. What would be the nafka mina? This would be the nafka mina. If you learn that actually all the colors that we have today, the real reds are reds, and the ones which are just a little off-red are only because of safek, so then when you're talking the next level of it looks reddish, really it's a safek safek. Maybe it's a safek safek. We're going to discuss this. Again, I'm just showing you that the reading, the reading of the halacha is very important, very crucial, very pivotal. In English we use the word pivotal, okay? Because you have to read properly. So, kol marah adom, bein im hi keyah, harbeh. Who has the translation for the word keyah? Anybody here could translate the word keyah for me? Faint. I like the word faint. Who said—what did you say? Weak. Faint, okay. Now what is faint? How does faint come across? It comes across in a less reddish, or not a heavy, not a deep... How would you call it? Is it in shades? It's a lighter shade. You know that that's not so pashut in the Rishonim Acharonim. You know that, right? Okay. So the word keha could be translated two ways. Either keha means a lighter shade of red, or keha can mean in its appearance. For example, by tzaraas we have keha and amok, and there it has nothing to do with colors. It has to do with, is it deep or is it outside, inside. It's not about lighter, right? You know that in tzaraas it's not about lighter. Okay. The word keha and amok is found by tzaraas. And there it doesn't mean light, shaded. In Hebrew it's the other way around. That's the mistake I made. If I'm אומר זה אדום כהה, that means more dark. More dark. That's what I'm trying to tell you. The word keha doesn't necessarily—it could mean faint, and it could also mean that it's on top. It's more boilet, and amok is more internal. We'll discuss this. There's a shaila what this is, okay? In maris there is a difference. There's a different type. There's striking...
Red, and then there is not so striking red, and then there's also, what, deep, or more like out, more external. Okay, so we'll discuss. Keya harpei, like amok. Do we mean color shades, or do we mean tzaras, its appearance, in or out? Keya or amok, or deeper. Okay. V'chein kol mareh shachar. And so too, anything which, I guess we'll use the word again, appears black. Why does he have to write temeiim and v'chein kol mareh shachar? Isn't five, one of them is black? Just put it together. Why didn't the Shulchan Aruch put it together the way the halacha is? Kol mareh adam v'shachar. Right. V'chein kol mareh shachar. It doesn't make a difference. V'chein kol mareh shachar. It's all the same. V'chein kol mareh shachar. And five means four reds and one black. The Shulchan Aruch should have wrote like this: Kol mareh adam v'shachar. My friend, it doesn't make a difference. It's the same thing. V'chein kol mareh shachar. It's the same thing. He should have written the way it's written in the Gemara: Kol mareh adam v'shachar. It is tamei. You like the ha'arah? It's a nice legitimate. So he said that, but it's not true. It's the same thing. V'chein. It's the same halacha, same halacha as adam, because shachar is also... Okay. Ve'ein tahor, and there's nothing tahor, ela mara lavan, only white. So first of all, what's the next word that he—what's the next line? V'chein mari—so don't say, Ve'ein tahor ela mara lavan, because it's not true. What do you mean? It's lavan in anything which is... I mean, so what are you talking about? Ve'ein tahor ela mara lavan—no, he should write, Ve'ein tahor ela mara she'eino adom, everything. I don't know, he gives you a list. The only thing that's good is water and soda. So what are you talking about? I know. Can I say it? Am I allowed to say the bit Yosef, or I should just make believe he doesn't say it? Okay. So the Bach has a shtickele chiddush. Bach. Bach. But just before we get to that, what does lavan mean? I don't even know what it means. Lavan, it's white, it's... Sit. No. Lavan means white. No, I don't want to say sit. Lavan is white. Lavan means white. So if it's white, then what exactly—so what's your problem then? So what do you want? What's a mara lavan? What is it? Something like... Okay, so that's what the Bach says, shash. So the question is, what does it mean? Bichlal, in other words, what are you trying—you think there's such a thing called a mara lavan? I mean, a person comes to the rav and says, Here's my mara, and the rav looks and goes, Here, you can reuse this again. This is very good. This is clean. Just use it. I mean, oh, you want to know this is already after he used it? I mean, it's clean. What do you want? I mean, what's your shayla exactly? Unless lavan means that it's whiteish, it has white on top of it. I'm not sure what do you mean. What's a mar lavan? What is it? Okay, so the two questions are: don't say lavan and, and, and, and, and, so then it's not only. You can't say only white and. The word only and doesn't go in the same sentence, right? If it's only this, it's not and something else, and, and, and. Second question is, what is a mar lavan? So the truth is the Bach comes along and says chiddush, and he says that there's a havamina that just like by shichvas zera and zav and all these things there's such a thing called a mar lavan, so you would say women also has a tumas mar lavan. So what's, ein ter ela mar lavan, ein ela... just, yes, what do you want? If you mean to be mechadesh to me that a white is not a tumah by an ishah, so what do you want? Don't say only white. The ein ela mar lavan, or white veyarok. I mean, what's vecheima? Something's wrong here. Even with the Bach, I don't hear how the Shulchan Aruch is supposed to be read, right? Even if there's a white, you try to tell me that there's no problem, okay, fine, fine, good, but don't say only this. Can't be the only. I mean, you're trying... and also yarok, and also lavan.
The Beis Yosef says a meydeke yesod. Now, people think it's a pshat to translate the words, but the truth is, I hold it's a yesod in Hilchos Maris. Any marah which you don't have a safek on, that's what lavan means. Lavan means it's clean. Lavan doesn't mean white, but lavan means clean. We don't mean by lavan color. What? Moishi's mechaven? So everybody clap for Moishi. Everybody give Moishi a big hand because he's mechaven. Go ahead, read it, read it. No. The Beis Yosef. So could you explain to me what he means? He means to say that lavan isn't a color. Lavan is a clarity. It's clean. There's nothing. It's clean, not white. It's not about white, it's about clean, right? That's why I just use that lashon. That's what he means. He means it's clean. Good, but that's how the Beis Yosef learns it. More important than the kvetsh of why you say clear, the yesod, the meydeke yesod. I think he's opening up to you all of Hilchos Maris, that you know what pshat in a marah is? It has to be something you don't have a safek on the admius. What do you mean? Is it adom or is it not adom? If it's a safek, and the teretz is, even if it's a safek admius... It's already no good. Wow. Does Rav Vozner say what I just said? Of course. You're looking. Okay, so what should I do? I mean, I'm saying with the Beis Yosef, right? I'm saying good. The Beis Yosef. I'm saying good. I'm not making it up. I'm the Beis Yosef. Now the trick is to understand why. Who wants to give me two whys, two pshatim on how we can understand why it should be that. It has to be that it's not even a safek notel adimus, which means it has to be definitely not red. Huh? Okay, maybe you'll say a third thing. How about a third one? No? Safek—what'd you say? I like that, safek. That's one. That's okay. Now you hear? Three people, and all three said the three different things. I'm going to put in a fourth thing. You ready? Since the idea is to be mevarer a vadaius of something, so kol zman it's not a vadai something, it's not the opposite, no? Let's say you want to make a hefsek taharah. I'm being very facetious because I'm playing games with your mind. I'm playing games with your mind. Let's say I want to be a hefsek taharah, so I want to make sure it stopped bleeding. So if it's not 100% clean, then there's nothing to talk about, right? Shiva nekiyim is to make sure she's naki. So kol zman she's not 100% naki, hameila she's not naki. You have to get off at the next exit. I almost got off. I'm not sure. It's not, you know. Almost got off at the next exit. Is it gonna help you anything? If you almost are clean, it's good enough for you? Yeah, it has to be clean. It has to be naki. I like all four things that were said. Could you say them over? Could you say them over? Try, say it over. Let me hear one of these. He could come to lod bekiyah. Good, good, I like it. You have to stay. Yeah. It says that it's like a safek. Another safek. Or maybe it's a safek de'oraita. Since adam is de'oraita, safek is de'oraita. Now is all adam de'oraita? Now that Tzemach Tzedek comes into play, huh? Wait a minute, Tzemach Tzedek. By the way, Tzemach says not just, Oh, great, I found something in the shelf. I mean, it's a thing that's what they all talk about. Taaras Habayis brings it down, if you want to see it yourself. Taaras Habayis brings it down. Taaras Habayis. I wrote it down over here. I saw it inside over there. Chelek Aleph, page reish tzadi gimmel.
This is the talk, the talk of town, so to speak, on this siman is: how serious are we going to take the ma'aris hadam that we're not bekiin? So that's a good shaylah. Maybe if it's d'Oraisa, so all which is noti l'hatir becomes a safek d'Oraisa. Or that's part of the eino bekiin. We're so not bekiin that we don't even know the neitos. We don't even know the things which are close to red. What did you say? He's saying maybe it's such measurements. You're talking about shades. Once you're talking about shades, you know, this guy's going to say, Red is red. Red is red, and anything which is lighter red is no good. Maybe. Maybe, maybe, maybe. We'll soon see further. Okay. Now, let's see now, rabosai, come. Let's see now. Okay. The Shach. Let's read the Shach, and then we'll see a little bit more information. Okay. Kol mar'eh, says the heilige heilige Shach, menateirah, ein ha'temeiah ela heiminim maris, vechachamim hichmiru. Does anybody have anything to say about those two words? Chachamim. Hichmiru. Is the Rabbanan? Is it a chumra d'Rabbanan? What would you say? You would say it's Rabbanan, it's not d'Oraisa. And you would say, hichmiru. Just, just, just. Shelo litois bein dam l'dam. What did you say? What was your reason? Shelo litois bein dam l'dam. Va'asru kol mareh hanoteh ladmimus, v'hichshiru kol mareh she'ein l'sapko badmimus klal. Now we learned up nice the shakla v'tarya, right? Because everything that we said is pretty much in these words, right? Now the words, the words, each word has significance, right? Min haTorah, einah temeiah ela hei minei maros, v'chachamim hichmiru shelo litois, hichmiru shelo litois bein dam l'dam. Maybe nusach, like, to make sure there's a category. Va'asru kol mareh hanoteh ladmimus. And there's a second thing: v'hichshiru kol mareh. It's not michlal lav atah shomea hen. It's not that they assered kol mareh which is noteh ladmimus, or it's both. It's they assered this and they matir this. Which means is they said anything which is close is already no good. And the same point, they said anything which is clean, clean, we'll say that that is good. Okay. Pay close attention to the shach. It's a loaded shach, I'd say. Now let's see the next word, lavan. Afilu eino lavan legamri, even if it's not white white. Now what does he mean, color or clean? What does he mean? Mashma color, because he says, Ela kemare beged lavan shenafal alav avak. Then when he talks about avak, avak is not a keiah of lavan, really. Avak is dirty. I don't know. Dusty. Lavan could mean white in opposite to black, so it's white and black, it's colors. Or it can mean clean and not clean, because avak is dirt. Why is it dirt? Why does it say color? Avak is dirt. What is avak? Dust. Even more. No, dust is even more. Dust is like grayish, grayish black. Makes it grayish, yellowish. In Israel, walking in the dirt, it gets in her clothing. It's like a yellowish.
Shuhuka le beinu nisai tahira. D'loikimoi teresa, baisim reish b'vav, shemegamdim zechomi sheshamati v'reisi nahagu l'hatil lhedya b'li shum gimel klal, b'sh Yosef. Okay. I hear, so I don't know, I could hear two ways how to read this. I could read that he means white, and the avak makes it greyish, dark, whatever, takes white and turns it into a different color, makes it greyish. But lavan means clean, like a beged. I don't know, because he says an interesting lashon: ela kemarei beged lavan shenafal alav avak. Just say lavan in opposite to... I don't know. What do you need? Yeah, I'm saying, what? The only way to describe grey. You hear my pasuk? There's no grey lashon kodesh. Okay. Afor, afor. You know something? You see, you sat, learned by me long enough to talk the way I talk. That's what it comes from. You understand what I want? Is he describing grey? Huh? He also? You just said it to him. Everybody clap for him. Everybody give him a big yashar koach. Okay. Is he describing grey? Okay, just let's learn. Believe you me, you're not gonna hear this anyway. When I come from, you hear that you're not allowed to wear skirts long, okay, short. You have to wear them up and down, okay, whatever. I'm teaching you real, real. To think. Think. Yeah, it's true. It's not where I come from. Right. Kitza, you hear? Listen close. Listen close. You ready? Listen close. Is this another way of saying grey? Pshat is pashut, they don't know how to say the word gray. Later, modern-day Acharonim know gray, eiful, aful, whatever they call it, aful, whatever, aful, okay, whatever it is. But the Shach in his time didn't have gray, maybe. Or he means something about a beged lavan and a beged meluchlach. There's something about the word beged in there scares me. Just say colors. It's not lavan, it's a little grayish, it's darkish, it's blackish, I don't know, talk. Okay, that's why I discuss clean and color. Let's continue. Now, I feel in order to progress, to continue to understand, it's very important to discuss what is black. What's the problem with black? Right? We're going in the right order, right? We're going in order. See, my mind works like a binyan, like a house. You got to build a foundation and then go further. Now let's discuss black, all right? What is black? Why is black? What's called black? So let's start from clarifying an interesting shaila. Is black because it's vadai? It's definitely red that turned, like we'll soon learn? Or is it possible that it's red? Is it the same chomer? Is it the same strictness as adom? It's interesting: kol marah adom, vchein kol marah shachor. Maybe it's not. Maybe it's not. Since you don't nafka mina, it's not yet. First let's see what. Okay, so let's begin. By learning the Mishnah. Where does black come from? I'm sure you did the Mishnah, right? You did it, that there's five maros damim, and one of the five is black. Nidah daf yud tes amud aleph. Okay, Raffi, read the Mishnah. Okay, go ahead. One of the colors is shachar. It's mashma that shachar is one of the blacks, right? Sorry, one of the blacks. Excuse me, it's one of the colors that it's tamei, right? Just like you have red, you have black. Okay. Let's see the Gemara, daf chaf amud beis—I'm sorry, chaf amud aleph—where the Gemara brings different colors to the black. Four opinions of what black is. It has to be like what? Ink. Go ahead. Okay, it gets to this...
Four levels, types. The Rambam paskens kedai, but you see there's four types. What exactly is the reason for shachar? Shachar is b'etzem? B'etzem it's a color of blood? Or the pshat is shachar was actually once a different color. So we all know the Rashba, the Yireim, right? Everybody quotes it, that it's dam sheloka. What is dam sheloka? Dam sheloka is a Gemara, a shichvas zera. Nekeva laka. I thought it was a Rashba, Yireim. Okay, it's fine. The reason is because it's blood that turned black. Blood that turned black. Okay. When did it turn black? Before or after? You saw this shaila somewhere? It's a good question. When does it turn black? So the Bach learns that it turns black after it left. So which means is when it left, it's red. V'achar shenekar, it turns black. The Bach says this clearly. Rafi, you know this Bach? What is nekar? Rachen, whatever it is. After. That's why it's choshesh for yarok the same way that yarok also could be that it was laka. That's not so pashut. Yeah, the whole nisyadesh sogil, we're choshesh that it may be laka. That's why he's choshesh for yarok the same way. This is the same thing by shachar. Say where? Outside. As it was leaving, it turned green. It turned from red. Again. So where's the shinui ha'admar happening, inside the body? No, outside. Yorok is, it's turning back to its original color. When did it turn the first time? It is somehow, it's going out, turns a different color. It was red initially inside. It's not that it came out red on the baguette and then later on turned black. Okay, you want to read the Bach, please? Let's just read the Bach. That after was nekar, huh? The shachar, that it was nekar. Nekar! What is black? Why is black? Black is because it was once red and it turned black. Question: when did it turn black? Did it turn black after it left, after the nidus and tumah came? Or is it that it came out l'chatchila black, but in the womb it started off as blood? Go ahead, read. Nekar min ha'guf, yeah. Go ahead. Nekar, when it was nekar min ha'guf, it turned black. That's the Bach. There's a very famous Chacham Tzvi, which everybody quotes, that says—who said? Who said? Who said? Mistama you saw the cheating books, all the cheating books, all the things. Pischei Teshuva brings it down. It's everywhere. The Chacham Tzvi learns that the pshat is that it was l'chatchila, it was nekar that way. Came out as black. Does it say anything about that it was first red when it left? Because when it leaves, you're already nida, and then afterwards it turned black. This is the famous machlokes between the Chacham Tzvi and the Bach. Okay. What is the difference? What would be the difference? What's the nafka mina if it came out that way or if it turned that way? Let's say it became black after. Would there any cheshbon be? Would there be any reason to say that she's not tamei min haTorah? No. Pashut, because regular red came out and it gradually changed colors later. What about if it came out black l'chatchila? I don't know. We could come and say, you know something? Be'etzem, a nida is only when it's nekar.
And this was not nekar as dam; it was nekar as black. So actually, it's a bigger chiddush to come and say that if it was nekar mitchilah black, that it's asur. Because if it's nekar red and it turned black, who cares? There's actually no chiddush in that. But if it came out lechatchilah black, there's a makom to say that it's not dam. Let me ask you a different question. What asurs her exactly? Is it the liquid of dam that's asring her? Is it the shem dam? It has a name of dam? Is it dam, the color? What's—what in the procedure of having a period asers? Is it the fact that it's her cycle? Is it the fact that there's blood that's going out of her? Which one is it? Nekar. So what happens if it's nekar and it's something else? It's also blood. It's tnaii blood. Do you understand what I'm talking about, or this is like foreign language? Okay. Nekar means that it protrudes from the... That's the word nekar. There was a cycle, a discharge cycle. So what is forbidding? The fact that there's a discharge, a cycle? Now, the fact is that it could be a discharge of something else. You know why? Because the condition has to be that it's dam. Yeah, dam that comes out. That's right. There's a discharge, so if it's a discharge of blood, right, then the two conditions are met, or it's the actual blood. Dam yeizov bivsaro, it's the blood itself, the discharge of blood which makes her a tamei. It talks about a bedikah, so it doesn't have to come out. Yeah, that discharge comes. If it's a bedikah, it means it came. Bedikah bifnim. Yeah, I'm saying every bedikah means that there was a discharge of blood. That's where the blood came from. The bedikah is just to check that if it's there or not. So what are you trying to... What makes an isha nidah? Is it the discharge, it is the nekar, and dam is like a tenai, or it's the dam that makes her a nidah? What happens if something here looks like dam, sounds like dam, but it acts like dam, but it's not dam? Or the other way around. What happens if it is dam, just it doesn't look like dam, it doesn't sound like dam? Is it shayich to have a discharge of a dam yavesh? Let's try it that way. Let's say she discharges dam yavesh. She's sick, or whatever the reasons are, there's a discharge of dam yavesh. Which means it doesn't have—if it dried up, it doesn't have any component, it doesn't have life, it doesn't have whatever blood cells, like, it's not red. Yeah. I mean, we did a test on it. It's the dam. It's the dam that she has. She has high hemoglobin, okay? So she has unbelievable amounts of white blood cells, and it's coming out not red; it comes out a different color. But it's her dam. That's her dam. I don't know, you know, you're saying, like, factual things without basing it on anything. I'm saying based on what I know. Dam comes out. Dam. Okay, let's go back to the shaila. Black came out. Does it have to come out as red? And the pshat is, but it really is red and it turned black? According to the Bach, what happens if it came out as black? Maybe it wouldn't be good. The Bach held that it has to come out as dam. The Bach is saying an unbelievable piece of Torah, a beisah. You're not listening to the Bach. The Bach is saying, Rabbeisai, it's red. Red is important because otherwise it loses its characteristics of dam. Yavesh is not dam. Yavesh is already something else. But when it came out, it was—
So the yavish is grada a facade. Don't be fooled by the black, because when it came out, it came out as red. How about white? After you write this down, write this inside. Because I'm going to say that there's another way how to learn the Bach. But the first way to learn the Bach is, you know what he's saying? Nekar min haguf, it was dam. What's the pshat? It's laka. Laka means don't be fooled about the history of this dam. When it came out, it was dam. This that you see black is because laka afterwards. It's an explanation to why it's black, that's all. But when it came out, it had to come out as red. What does the Chacham Tzvi learn? Chacham Tzvi learns, I don't care how it came out, it's not a gehen. That's why. Now I'm going to fedre you a kup and learn it the other way, and show you how you can learn the exact opposite. You ready? The Bach holds that it's not even so much about nekar. It's very important, ba'asher hu sham, the way you see it now. For example, let's say a rav sees a marah one day and it's red, and the next day he says, you know, I'm not so sure, and the next day he brings it back and it's black. It's a different color. It's not black. It turned brownish. Is the pshat in sheloka means it's dam now also? Maybe that's what the Bach means. Dam sheloka, in other words, there's another color of black. There's another color of red. The other color of red is actually black. Does the Bach mean that it's not blood anymore, but since when it was nekar it was blood, so mimeila don't be blinded by the fact that it's black now. I dilma the Bach means something else. I don't care about what it was nekar. It's not the yesod. The yesod is that black is actually blood, sheloka, and that's called blood still now. What does the Chacham Tzvi hold? No? So we would want to ta'ina, the Chacham Tzvi held that we don't care that it's not blood. Any discharge which originated from blood is good enough, right? Dilma what the Chacham Tzvi is saying, לאו דווקא, it's not about loka. This is blood. We don't care about the color; we need the blood. It's blood. This is it. This is blood. What the Bach is learning is that it originates, it's red, and the fact that it's loka means that it was once red. I dilma what the Bach is saying is that it's blood, even though it turned black. But since l'maaseh it starts off as blood, not because of the nekar. Blood, when it turns old, turns black. So the black doesn't mean that it's not blood. Now, what the Chacham Tzvi could be saying is that it's not a shayla about red. Black is one of the colors. Who said black is not one of the colors? Black is just a good color like red. And you know how the Chacham Tzvi got it? Because it's kol maris dam. Some people have black blood. No, he's explaining to you because most normal people don't have that. No, the Mishnah makes it seem like black is shelo kan, not that it's actual dam. Black blood is finished. I don't need a story, black blood because it happened this, that. Who cares? I'm going to show you something interesting, ready? Give me a minute. I'm going to show you something very interesting. Is it possible to have black, which is not blood and got old, which is not blood of some other liquid that's black? Of course. I don't know. I'm saying, no, I don't mean—I'm saying in the body.
Why not? I don't. Blacky come out. We have colors come out, so why can't black be one of them? So tell me, every black is a vadai or a safek? Safek. You don't ... safek. If you learn that it's just a raya of what it was, right, can't be 100% raya. It's not a vadai vadai. You know who discusses this? If you take a look in the Tairas Habayis, he quotes a beautiful sefer called Besamim Rosh. You ever hear of the sefer called Besamim Rosh? Who wrote the Besamim Rosh? You know who? Who? No, wrong. That's the Besamim Rosh. No, the Besamim Rosh from the Gedolei Acharonim. That's another one. There's one sefer which is very controversial. What's it? Oh, so this could be it. That's the one he's quoting. We grew up thinking that it was a rishon. Where did you get this information? One of his sefarim, רבי quotes him and he explains the whole history. No, I just want to know his reason. Okay, so let me show you what we're going to do now. I'm going to show you how my mind works, how I zoom in on the target, and I get the bullseye. Ready? Here, come in. Take out the Tairas Habayis. And read that he quotes from some in Rishon. It says a gevaldige vort. He says, L'choira, you can ask a kasha, maybe it's only a safek. It's only a safek. According to the Bach, it's only a safek. You don't know for sure. So how can we say that it's aser? Let us say that it's a safek and it's lekula. Yes, page reish samech gimel, page reish samech gimel. Why? Let's make the cheshbon now. Reds, all of them, is not even so clear it's a de'oraisa. Reds, all of them might not be a de'oraisa. You know who says it's not a de'oraisa, reds, all of them? The Rashba. The Rashba says clearly it's a derabbanan in Sefer Toras Habayis, and that's how he started the shiur. Kol mara adam, is it de'oraisa or is it derabbanan? It might be only a derabbanan. Black is a safek, maybe it might be a red, so it becomes a safek derabbanan l'kula. How can we not say safek derabbanan l'kula? Answers b'samim Rosh. The diyuk I told you, the way that we learned it b'chacham tzvi, pshat, it's not a safek. Black is not a safek red. Black is red. Black is one of the maros hadamim, v'lo charayah. The Mishnah brings it as black, as one of the maros hadamim. Go ahead, read it. Go ahead, reish samech gimel, b'samim Rosh, let's go. Quiet. Cool. Listen. Who's Rav Shlomo b'Tal? You know who that is? Oh, come on. The Rashba. You ever hear of ...? ... I'm showing you. Names sometimes get confused. So, Bar Tzalanei — the word Bar Tzalanei makes you crazy. The word is Rashba, you hear? Says the Psam Rosh, but the Rashba comes and says it's only drabbanan. The Rashba comes along and says it's only drabbanan. So shochach might only be a safek drabbanan l’kula. Leita. Why is it leita? Kulam shavin she’isuran min haTorah. Ah, it says adumim. You need adumim. Ah, you need adumim to be min haTorah, so how could black be min haTorah? Yeah. Says it’s just — black is a facade, make you crazy. It’s actually red. Black is red. He keeps — he says, watch, he comes out: Nimtza sheharosh cholek b’al haRashba, right?
You know, kishpan can be. It doesn't have a stamp of approval. Yeah, but the Torah is good. He's saying it's good. It's not a rishus, it's an acher. He's saying gevaldig, he's saying gevaldig a vort. He's saying. He's saying my shiur. He stole my shiur from Rosh. I want the tainas, the Chacham Tzvi. It all depends on how you learn up the sugya. I thought I was dancing in the streets, dancing in like the oilam was looking at us. You like it? You hear what I'm saying? You hear? Raffi is just going to go in one ear, out the other, or it's going to be chazara. Yeah, what I'm saying is a yesod. What I'm saying is black is two ways to learn black. Either the black is that it was once red, and it's a safek maybe it's red. So then we have a very big problem. According to the Rashba, the whole reds are derabbanan, for the reason I told you, because it's just that we don't know. Chachamim timchu. It's a chacham dikah din. All these reds, the lashon of the Shach, hachachamichmiru, it's a chumra, it's a din derabbanan, and it's not a de'oraisa. The reds are not de'oraisas. So the reds are not de'oraisa, only derabbanan, only derabbanan, they're only derabbanan. So when you have black, which you don't even know might be, you don't even know if it's red, so it's a safek. How do you know deaf? You can't know for sure deaf. There's no definite. That's his answer. His answer is that it's one of the reds. That's his answer, but that's the chiddush. His chiddush is black is not possibly red. Black is red. That's his chiddush. He says a mechudike thing, which I want to discuss with you. If you put water, you'll notice that it's red. Maybe you should do that. I wrote this down. I want to write to Rav Chaim Kanievsky this shaila. If the whole thing is that it's black, which turned red, and the psakim ro'ish, if he's real, he claims, then it's shayach to check it. Maybe you should check. Maybe mechuyev to check it. Check it. Put water and see. He says if you put water, it'll turn red. Check it. Let's see. Maybe it's a good idea. I never saw Rabbanim check it. I never saw that they come with red-black and they should check. It's right away asur. Check it. Check it. Check it, and also put it in the... check. Let's go. What's the question again? Everyone paskening that the black is no good. Everybody. So shaila is Rabbanan d'Oraisa, and even, I'm saying, first of all, the reds might be derabbanan, so the black should become a safek, safek derabbanan l'kula. Maybe the black originally... maybe from red, but the red itself was... You don't know all the reds are good. It's safek, safek and safek. Yeah, but why is it a safek? If the already accepted the pasuk, the Torah is vadai not to allow these colors, so therefore it's a vadai, no? It should be safek. Again, but we accepted it as vadai. We're not allowing these colors. Misafek we don't use it. We're doing a misafek. Again, obviously we're doing a misafek, but we accepted it as Torah's vadai. From now on, what if a rav says, I know these colors are good. Who cares? Halacha is no. Okay, so let me just tell you controversial things. Wow, look how everybody's listening. Maybe I should, every time I start the shiur, I should say, I'll tell you controversial things. We here have a soft spot. Like, we have a connection to the big posek in Brooklyn named Rabbi Ruach, Satmar Dayan. The Satmar Dayan was under attack for the last two, three years by great gedolim, poskim, roshei yeshivas, major attacks against him. At the head of the barrage was this din Torah. This is where it comes from, which is the Maris HaDam. Officially, we say that we can't pasken Maris HaDam because we don't know them. We don't know the difference between the different ones, all right? He is very big, Rabbi Ruach, very big in the colors, and the people come to him, so they come for it. So it's under the—what's the right word?—he's under the cloud, so to speak, of suspicion that he's mechalek between the different dams, and that's how he paskens. That's what they say about him. And therefore they brought this to a certain very big gadol in Eretz Yisrael, and this gadol said, What? The Gemara says that the Tannaim couldn't differentiate, so he's going to go and differentiate? And what does he come and say? Because it's only—
It's only a suffix because of the Rashba, that therefore he does it, he doesn't know. Okay. This is one of the, if you go in the, so to speak, gossip in the street, that's how they talk about this controversial topic. By Roth, paskens the five dam. Okay. People came to me and asked me, how could you sit there and how could you go to him if he—you see, paskens, the Gemara says that the Tannaim did it, that they lost it and they didn't know. So I said, I'll tell you the truth, I sat there five years. I never once saw him say that there's different types of dam. I was there five years. I never heard of that. That's not what I saw. What I saw was something else, and I'll explain to you the misconception. What he does is, it says like this: what are the other damim? You know where they come from? What's—I mean, dam is dam. I mean, it's not what they call a kuleh, it's dam. So what is the five damim and the other? And the answer is, the other dam are dam makah. There's five dam nidos, five shades, which is machlokes: is it shades, or is it different colors of red? Some say it's levels, or zeruah. There's different machlokes in the Rishonim. There's levels of red, or it's just different colors of red, different types of red: burgundy red, this red, that red, or not shades, one on top of the other. Okay. Either way, the other ones are supposed to be dam makah. So he does pasken dam makah. He will tell you that this is dam makah, but not because of the color of the blood. What he does is, he says like this: if you take a look and you make a bedikah. It's always in the same place if there is blood, nidah blood. It's always in the middle, because that's the bedikah. That's how you make the bedikah. A person makes a bedikah. At the end, at the end, there's dam. It's bhechrech not coming from the makor. It's coming—he should be saying it's not coming. Bhechrech it's coming because on the way in, it touched the sides. Even that, 99% of the time, he's not going to tell you that it's dam makor. He'll ask a question: did she feel pain? Did she experience any pain when she went in? And even that, most of the time what they do is they tell you if it's possible, go to the doctor, check if you have something there. He says to go to the doctor? They say to go to the doctor to check. No, he doesn't say so much. The other ones. The other ones underneath, what we say, he— If that's what he does, what's the whole bashing over here? You ever hear of something called eitz hadas? You ever heard of that? It's nothing. It's based on—based on the eitz hadas, the problem, and making tremendous machlokes between Jews. It's just not a true story. Plus, they wrote out not to go to this guy? I told this to you. There's a true from Rav Yoshe. ... Rav Yoshe ... right? So what, they gave him misinformation? And he wrote his name? Welcome to the world. Listen, I'm not going to speak about Rav Yoshe, but the people who brought it to him are really bad people. The people who brought to my really died people. Is it because of the era? They want to... No, this came out before. This came out before. I don't understand the either. I don't understand the either so much. Because you should find out. You should find out who, what, when, and where. Find out. And sometimes, but don't answer. Have a conversation. But make sure people are not making mistakes. You have to publish the truth. Make sure people can find out. Make sure he has the connections to call Rabbi Ruoff and ask him what's going on, which is what Rabbi Ruoff asked me. Rabbi Ruoff asked me this question: If you have a problem, why don't you call up an askan and explain to him? All right, it's not important. This is big people, you know. Big people. That's a different thing. You know, let me tell you a story. You ready? Exactly. Exactly. You know Yiftach haGiladi. You know Yiftach haGiladi? Let me start. Yiftach was a strong man. He was a strong man, Yiftach. He came from a place called Gilad. Gilad is near Har HaMoav. Gilad was...
God. The original, the original shvatim were from Gad. The problem was that his father was not from Gad. His mother was from Gad, his father was from a different shevet. So his yichus was a little bit not Gad. So they pushed him aside. They sent him away a little bit, okay? So he went over the mountains where Moav is, this Sichon. He went closer to Sichon, the mountains. As he travels over the mountains, Sichon comes down to fight with Gilad, with the Jews of Gilad. So the people of Gilad came over to him and said, Yiftach, you have an army, because he was a strong man. He was a tough guy. He had people following him. He was whatever, like a counselor, you know, and he had men. That's the way it worked, lords in the olden days. They had lords. He was a lord. He had people. Yiftach, we're in danger. So Yiftach says, Now you want me? Now? Now you want me? You kicked me out because my yichus is no good. I'm not a gadi, so you kicked me out, right? Get away from me. So he told Yiftach, Listen, Klal Yisrael is in trouble. We need you. And then in case you fight the war, you will make you our leader. You'll be the leader, the shofet over us. Okay, so Yiftach accepted. Yiftach went, and he mamash, he made a tremendous nitzachon. He was a tremendous gibor, Yiftach. And he made a promise that the first thing that comes out of his house, when he makriv is a korban. What happened? His daughter came out. First person came out to greet him with tupim and mecholos, right? Kitzur, so it's a problem, because you can't, you know, a korban, a girl, a child. Chazal said that he could have been, he could have went and been matir neder. He could have said, I didn't mean my daughter. The way to be matir neder is you have to go to Pinchas ben Elazar ben Aharon HaKohen. Pinchas ben Elazar, you know that? Pinchas ben Elazar ben Aharon HaKohen. He was the Kohen Gadol at the time. He was ma'arich yamim. He lived all the years. So he could have went over to him and told him, Be matir neder. He said, No, because I'm a shofet, he has to come to me. The Kohen Gadol said, No, I'm the Kohen Gadol, he has to come to me. So what happened? Kitzur, she ended up being, all her life she ran the forests. Some say he was makriv, but it's not true. Pshat is she ran the forest. She ran in the wilderness. She never got married because living like a karp, she was like a karp. So why did she keep her out? No, she had to be like—oh, not that. You know what I'm saying? She had to be like an animal in the wilderness. She lived like an animal in the wilderness. You don't want to be matir that. Chazal says, Rava Ruv sent people. Sent, sent. This is Auschwitz. Auschwitzer, really Auschwitz. He claimed that the pshat is that he didn't know who he was. He thought it was a stam, because באמת he writes in this thing, there's an Avrich, ... That's how he writes in the teshuvos. So they claim that really he didn't know it was stam. I know it went to ... It is what it is, my friend. In the yeshiva world, teshuva is like a ... Rebelsky, can you hang this from—keep it closer. So what am I trying to get at? What am I trying to get at? I want to tell you a chiddush nifla, a chiddush nifla, l'kuynt to what we said. You ready? And with this we'll stop. It's 1:30, we'll stop here. What happens if an eid gets lost? They made a bedikah, and an eid gets lost, got lost. So the knas is for the—without a knas, before the knas. So there's a meirdike Maharsha. Why? Because be'emes, the chachmas adam, Chayei Adam paskens, we pasken that a bedikah... is de'oraisa. Why? Because maybe there's a hargasha. Now, you know the chiluk between hargasha, you know about this? Okay, let me explain to you a little bit of background. Whenever there's a hargasha, which means the woman felt, then it's de'oraisa. Otherwise, it's not de'oraisa; it's only derabbanan. Okay. When she makes a bedikah and there's no hargasha, so it should have been a derabbanan. But we're afraid that the bedikah masked, because it's external, it masked the hargasha. So every time there's a bedikah, it's always a safek de'oraisa, and we pasken l'hachmir. Okay. So what happens if you have ne'evad? You got lost. A woman makes a bedikah and it gets lost, like a ne'evad arei. Same story.
Having a raya from that one of the raayos in the Gemara, okay? Let's say it got lost. So there's the chachmas adam, the raisa, and if it's de'oraisa, then you have to be machmir. Comes along the Marsham, and the Marsham says, Wait a minute, slow down. What was the color on the thing? If it was black, we have a Rashba. The Rashba says black could be what? Safek of a red. We also have that even the reds might be derabbanan. So it's a safek, maybe it's a red, maybe. Never a eid on a black is kosher, no problem. It's me'ori degavart. Marsham wants to mechadesh this yesod, that since it's only derabbanan, the black—huh? If it's a dam fiery red, then it's red, it's safek de'oraisa. So she's ne'eman. This we learned already. She's ne'eman. We learned all these halachos, it's already pesh. And I'll help, because you knew, I'm here to help you, to teach. Anything you don't know, tell me, don't worry about it. I'll keep you on track. She's ne'eman. It's a special halacha by nida that a woman—otherwise, you know, say she's always a liar, you never trust her unless she's caught. So we learned there's a siman in Shulchan Aruch, unless she's ever once caught that she lied, then—if you don't believe her, she's a chacham, kasher. Chacham, tiyarei, that's the same—those are the same—that she's ne'eman until she's caught. So she comes and says it was black. Ah, says the Marsham, black is only derabbanan. Maybe we could come and say, safek derabbanan leh... kulah. Okay. Now let's finalize. But we came and we said a yesod. What was the yesod that we said? We said that there's two things that the chacham aser. The chacham aser kol mar'os admimus. There's a special halacha that it has to be vadai kosher. So let's say she has a bedikah. So what's the heter of the bedikah? The heter of the bedikah, kol zman it's not vadai aser, it's mutar. Or is the heter of the bedikah that it has to be vadai mutar, to be mutar? Let's start again. I asked you this question. Whenever you make a bedikah, right, do you need that it should be definitely clean? Or it's not that it's, as long as you don't know for sure that it's not clean, it's good. What's the yesod of the bedikah? Remember I asked you, kol mar'eh, kol ela k'marah lavan. Says the Beis Yosef that the only thing they will matir is something which has no safek on it. So you can't come and tell me that if you lost it and it's a safek, that it's good. Again, my question to you is the following, in other words like this. They only, they answered whatever is not vadai tahor. So if you lost the bedikah, what are you going to come and say? That the bedikah was a k'sheirah? It wasn't a vadai tahorah. What is the yesod of a bedikah? The yesod of a bedikah is to tell me that you're vadai clean? Let's say there's a bedikah which comes out a safek, but you can't be mevarer that safek. Would you be called that that's a good bedikah? No. It's going to make a difference. Because the whole yesod of the bedikah is to be mevarer that she is. You need vadai tahor; you don't have it. So normally you could take the bedikah and be mevarer what it is, but if you can't be mevarer, so you're left with that bedikah sfeika. Bedikah sfeika is not a kosher bedikah. Copy what I'm saying? I'll tell you where I'm getting at. I believe that there's a very big difference between the first bedikah, which is a hefsek taharah, and the following bedikos through the shivah nekiyim. The first bedikah is to mevarer that she's vadai tahor. The other bedikos is already ma'ayan nasus; she's already considered a tohor—she's already considered a nistam—and it's just to mevarer that it isn't vadai the other way. So by neveilah, on a black, on a hefsek taharah it shouldn't be good, and maybe during the watch, call it, it might be good. I have such a tzad. I'm going to write this to somebody, maybe Reb Chaim, the Yosher.
I don't know, what would be by black with the Marsham during the seven? Not the hefsek tahara. By the hefsek tahara, where you need vadai, it's not enough to say that I have a safek bedikah. It's not going to help you anything. Thank you. The other times where it's just not to find out if she is, kol zman you don't know she is, maybe it is good. So if it's nevad, since it's only safek d'rabbanan, maybe it'll be good. What are you—hear the... No, like this. You talk about a black. So we came and said, uh, black might be d'rabbanan, and it might be a safek on a red, which might only be a d'rabbanan, so it's a safek sfeika. Who says all this? Tzemach Tzedek. There's all Tzemach Tzedek, ... beautiful. And everybody discusses maybe black is... And notice, he makes a difference. Kol mara adom is no good, v'chein, it's not the same thing. It's not the same. Okay. Now what happens in case I have a bedikah, I have a bedikah, it's black, and I lost it. So the Chachmas Adam, very famous, Chacham says, Oh, you lost it, so that's it. What do you want? Tamei. What are you going to do? Chacham Adam says if you lose a bedikah... Ah, so says the Marsham, wait a minute. Depends what the story was. Ask her, was it black, was it red? If it's red, it's a safek d'oraisa. If it's black, so it's only a safek d'rabbanan, says the Marsham, we could be meikel maybe. So I'm telling you like this: what is it? If a bedikah is to mevarer that she is definitely clean... So even if it's sfeikas, it's not gonna help you. I don't gain; there's safek d'rabbanan l'kula. It didn't do anything. Hashein kein where you want to know if she is not clean, so you have a safek if she became not clean, then you can come and say safek d'rabbanan l'kula. So by the hefsek taharah, which is to come and tell me that she is clean, you didn't do anything to show me that she's clean. You produced me a safek. What do I have? But during the seven days, which might be the other way around, just to make sure it's not clean, maybe. Or—what does he say? What? What? If you lost the—if you lost an egg, or if you didn't do it at all. Of course, because if, let's say, you produce a safek—what do you mean, if you didn't do a hefsek taharah at all? That's what I'm saying. Not doing a bedikah and producing a black is the same thing for a hefsek taharah. So what does it have to mean if you look at the egg, or if you look at the bedikah this way or that way? Either way, if you lost the egg—yeah, because during the other seven days, which is just to find out if—same thing. If, let's say, you do a bedikah during the seven days, what would happen? You lost it. You lost it. I'm saying you didn't do it. You didn't do it. Except, black would also be good. I wouldn't worry that maybe it's red and maybe it's a day reisa, because it's a safek d'rabbanan l'kula.