Hilchos Shivah Nekiyim: Daily Bedikos, Chazakas Taharah, and the Meaning of Lechatchilah

Transcript

Shulchan Aruch, seif daled. Chol yom, zayin — it's working, it's working — chol yom. Chol yom, mizayin yemei ha-sefirah, tzrichah lihyos b'dekes lechatchilah. The lashon is extremely interesting. If you want to say someone should do something lechatchilah, you write, v'chol yom mizayin yemei ha-sefirah, lechatchilah bodekes. You don't write bodekes lechatchilah. The din is to be bodek lechatchilah, so you write, lechatchilah bodekes. And the word tzrichah — I thought it's not tzrichah, I thought it's only lechatchilah. You don't write lechatchilah tzrichah; you should write lechatchilah bodekes. There's a mitzvah to be bodek. Let me repeat it again. If you want to write lechatchilah, as opposed to b'di'eved, the way you write is, v'chol yom mizayin yemei ha-sefirah, lechatchilah bodekes. Bodekes lechatchilah, even if you want that, but you don't write tzrichah lihyos bodekes lechatchilah. The word tzrichah means she has to, but she doesn't have to; it's only lechatchilah, unless it's have to and it's only lechatchilah. So I'm going to address this during the shiur. I think the Mechaber chose his words specifically. Anyways, it's, pamayim b'chol yom, acha shacharis v'achas סמוך למנחה. V'im loi bodka. V'im loi bodka b'chol hashivah l'pam achas, lo yishta bodka b'yom rishon, loi b'yom shevii, v'echad me'emtzayim, alu lo. What is the din of this bedikus? Zayin nekiyim, this bedikus? What is it? Where does it come from? What's it all about? So let's begin with the Chavos Daas, se'if katan gimmel, siman Taharah, tzadik daled, se'if katan beis, v'kimeiger, the teshuvah siman samech, that these bedikos are min haTorah. That the bedikos mentioned here in this seif are min haTorah. Raya that they bring. Yosef discusses these bedikos. He talks about a safek kares. He says you have to make these bedikos because you're going to be touching, touching a safek kares. Shailah: if it's a safek kares, you have to make these bedikos. Kares is only by de'oraisa. Thus, it deduces from this that it's de'oraisa. Chayra, rabosai, how could bedikos be de'oraisa and the zayin nekiyim? Chayra, the din of de'oraisa needs hargashah. The din of de'oraisa needs hargashah. And if it needs hargashah... So if there's no hargasha, and you're checking, so how can it be d'Oraisa? Now, once you make a bedikah, it's a safek d'Oraisa; it's a safek hargasha. But to check for something which isn't there, that you don't even know you have, is zich without hargasha. And if it's without hargasha, so automatically it has to be derabbanan. So how can they come and say it's d'Oraisa? You hear the kasha? You don't hear the kasha? Not so much. Wow. Let's start again. The answer we're addressing: how could it be tzricha? There are contradictory expressions, the word tzricha and the word lechatchila don't fit in the same sentence. If it's lechatchila, it's not tzricha. You want her to do it, unless it's more than just one. You have to, but it's only lechatchila. What does that mean? So the emes is, you have to address what bechlal these bedikos use, where they come from. The Chavas Daas, other poskim, Mekor, say it's d'Oraisa.

אי לכאורה, there was never hargasha. So what could be d'Oraisa exactly? What are you checking for exactly? You're checking for maybe—again, maybe there's dam, but the Torah is, as far as the Torah is concerned, that dam would be tahor anyway. I mean, you're talking about mayan hachasum; she already made the hefsek. I don't know, that's the question. Why are we checking? Shelo yiga b'safek kares. Not yiga. In other words, you should be careful and make sure she's clean, because nidah is kares. So from that, the Chavos Daas is medayek that it must be a d'Oraisa din, because he talks about a safek kares. Otherwise, why talk about a safek kares? So the emes is, if there's no hargasha, so even if she saw dam, it wouldn't be a real d'Oraisa anyway. So how could it be d'Oraisa to check for that? How could there be a d'Oraisa to check for something which the Torah holds is not—even if it would be, it would be nothing? As far as the Torah is concerned, even if she bled, it's nothing. So what are you checking for in the Torah? You know, there's such a sugya called v'losi l'isha, isha reuya. What happens if it's eina reuya midrabbanan? Is that called eina reuya min haTorah? So maybe you'll say the same thing here too. V'ibaal, l'maaseh, the chachamim came and said she'll be a nidah, so the Torah is mechayev her to check to make sure she's not a nidah. Even though as far as the Torah is concerned, she's really not a nidah anyway. It's very, it's very, it's very shver. Because even if she saw, since there was no hargasha— She's within seven days still. It's a difference. L'maaseh, there's no hargasha, so it's only d'rabbanan. She's finished. She had hefsek taharah. She's clean now. She's seven nekiyim. But you're sitting under the mashu chamuroin, and if she didn't see, so she's tehorah completely. You have to go and check to see if there— That's the question. That's exactly the question. Why should it be? And who told you? The question is, who told you to make searches? If you come and explain because it's d'Oraisa, that Torah is telling me to search, but how can Torah tell you to search for something which according to the Torah is not a problem anyway? The Chavos Daas says יסוד. You see from here that even if there's no hargasha, but it's soiser zayin nekiyim and haTorah. The halacha of dam during the shivah nekiyim might not be a problem in hilchos dam niddah, but it's a problem in hilchos stirah zayin nekiyim. Raises up the Chavos Daas. What do I have from this? I have from this a very nice chakirah. We can ask a she'eilah: if the din that dam is soiser in the zayin nekiyim, is it a din in the re'iyah, that there's a chiddush during zayin nekiyim any re'iyah is tamei even if it doesn't have hargasha? He's saying a chiddush in re'iyah, that even though normally re'iyah needs hargasha, during zayin nekiyim the re'iyah doesn't need hargasha. Dilma it's not do'ut, re'iyah's dam; it has to do with stirah zayin nekiyim. Since it's a din mesafek, zayinikim, so this is going to push away the zayinikim. So you have a matziv where dam nidah it's not, legabei tumah, but it stops the zayinikim from the taharah, from the old dam nidah, because that's what the Torah said. The Torah said you need nikim, because it's de'oraisa. Since l'maaseh it stops the old, and she'll still be tamei, and the zayinikim is lo alu lah, so it's a safek kares de'oraisa. Paisa, you didn't do this information. This is not—this is the Chavos Daas, this is the sefer. I mean, you didn't do this. I don't know what you did. That's it. That's the— You guys here, maybe you didn't know what to do. I don't know what to do. Huh? You did it. Yeah? This is the Chavos Daas. The Chavos Daas is mechadesh that these bedikos are de'oraisa. Now you'll ask a kasha: how can it be de'oraisa if we're checking for something, that even if you did find it, worst-case scenario you found it, but you found something that's not tamei min haTorah, so what can be the problem? Says the Chavos Daas, from here you see that even if there's no hargasha, which technically shouldn't be a problem during zayinikim, it's a problem. It's soiser zayinikim. So I'm clarifying: does he mean because there's a new chiddush din that there's a re'iyah shelo...

Dam shelo b'hargasha. It's possible during zayin nekiyim a re'iyah shelo b'hargasha. Well, the pshat is, b'keret, al tzilchas re'iyah, it's not a problem. But al tzilchas shivah nekiyim, it's not nothing, and it's me'akev in the shivah nekiyim l'gabei the taharah from the old dam. What's the lashon? Anyone, anybody, they all say the same thing. Go ahead, read. Dam shelo b'hargasha. You see, he plays with it. It's not baduk, but l'maaseh there's halacha of dam shelo b'hargasha. It's not clear. One thing for sure, it's aser, and that's the bottom line from all the Acharonim that say it's min haTorah, because it's aser. The Chav Chaim, siman chav gimmel, famous Chav Chaim, famous Torah, yeah? He brings the Avnei Miluim. The Avnei Miluim says that it's not so. Not true. Not so. Min haTorah it's only mid'rabbanan that it's aser. Yeah? Min haTorah, the only thing that's l'issur is tumas nidah. It's not tumas nidah, there's no hargasha. What's the yesod of the machlokes? Can't say that's what they're arguing in. Seder taharah held that it's a chesaron in the shivah nekiyim, while the Avnei Miluim held that it's a din in the dam, that there's new dam, the new dam shelo b'hargasha, so it's rabbanan. It can't be. The Torah made a rule that any dam shelo b'hargasha is not dam nidah, so how can it change during zayin nekiyim? So either the taiches that they're arguing in this nekudah. The chamas daas, ... or pasteni, then it pushes away zayin nekiyim. Forget about dam. Ameluim is going to say it can't be d'Oraisa. It can't be. This that it's soiser is only soiser midrabbanan. What's the taich? Because in order to be soiser the shivah nekiyim, you packa need dam. It's not a special halacha of nekiyim. It's a halacha that it's got to be no dam. It's not the shev al taaseh of nekiyim. It's in order not to have the kum v'aseh of dam. Ameluim says that it's not soiser min haTorah. It's very ... machlokes. I mean, this is the ... So the first machlokes we have is, d'Oraisa, and soon we'll see maybe some say it's rabbanan. The second machlokes is when she taka sees dam, is it soiser min haTorah or midrabbanan? The chamas daas wants to say it's soiser min haTorah. The ... wants to say it's soiser min haTorah. ... wants to say it's soiser min haTorah. Ameluim says not. So I'm going to explain to you what's the pshat not. Since it's sheloi b'hargasha, so how can it be soiser if it's not dam nidah? What did the chamas daas hold? The chamas daas held, who said that we need dam nidah? It's not a question of dam nidah. It has to be nekiyim. It has to be not blood. You can't say it's not blood. You're right, she didn't bleed tumas nidah, but she wasn't clean from blood. Masha'einkein, the Ameluim learned that the only thing that's soiser is dam nidah. That's not dam. That's not dam tumah. Huh? So it's not, according to Ameluim, it's not, according to chamas daas, d'Oraisa. You're checking for something that might be d'Oraisa. The case he sees dam during the zayin nekiim, pirish dam. Sure, dam nidah. You're saying it's, it's, you didn't have nekiim. So good, so you're still tamei from the old tumah. What's the difference? You don't have, you need shivah nekiim. You don't have, you would never olami tumah; tumas nidah from before. While Rav Eluyim held, it's, you need the new tumah. You don't have it. Tosafos Rosh is the first one to be mechadesh. That's who they all bring, Tosafos Rosh, that it's only drabbanan. The din bedikah, till now we're discussing the seiser. So what's the din to be bodek? The din to be bodek, mimeila l'chumra, there would be talui on the hana'ah, right? Then according to Chavas Daas, that we're talking about a stirah de'oraisa, so the bedikah de'oraisa should be for that, l'chumra. I don't know why it's muchach. I mean, I could hear you could split it. The case there is, there is, sheteita, you have to go search for it. All right, I guess that's habah l'talmud, especially that you were safek on the nekiyim, so the nekiyim has to be nekiyim from the dam nidah de'oraisa. Okay, so then it turns into de'oraisa.

According to the Rambam, stands to continue the line of thinking that it's only derabbanan. And zeh zogt the Tosafos Rosh, and that's how the Chazon Ish paskens. Chazon Ish, siman צב, paskens that the din bedikah in the seven days is only derabbanan. Ai, the Beis Yosef. Chavstasprek the Chakirah kasha. Beis Yosef calls it a safek dekares. The teretz is he doesn't mean safek kares by not having shivah nekiyim. Since nidah is a safek kares, so we give a chumra surrounding it, the rabbanans around it. It doesn't mean l'maaseh safek kares. He said since nidah is kares— No, you don't have a kares. The case itself is not kares, because maybe she's not. Maybe she's not. So you have a safek kares. This is a case. Which means, since we're talking about questions of taharah, this whole sugya is called a safek kares. Az e shteit in Chazal: you hold it's a doichik, so you pasken like the Chamasdas, no problem. That's the sugya. So why taka, why taka don't you have to check? What's taka the reason that you don't have to check? Let's say it this way: why taka would you not have to check? By the zayin nekiyim, maybe she did have a safek, maybe she did have hargasha. She would have known, right? So is the pshat is we don't care because there's nothing to check because me'echad teisa? Or the pshat is, the safra law means she's checking, so had she had a hargasha, she would have known, so that's called checking. Another— that itself is called checking. What's called checking? Checking for the de'oraisa. So you know what I would say? Ein hachanami, maybe taka have to check these de'oraisa, but you are. The fact that you didn't feel it, that means you didn't check. That's what it is, no? Unless you say she was so busy. Now let me ask you a pashut kasha here. The bedikah is only derabbanan, right? L'maaseh you have to be tahor. There's one case where there's dam nidah de'oraisa, so why don't you have to be careful for that? Now understand, we're not talking about legabei being over the issur. We're talking about the safra. The safra is that we want nekiyim, and there's din, obviously, which we'll get to soon, that there's the bedikah for those nekiyim. See, understand that we're taking for granted that the safra, the counting, is nekiyim, and nekiyim is mechayev a hechsher nekiyim, that yes, I checked and it's okay. So where's the birur for the de'oraisa de'halacha? Since the mida isa hargasha makes you tamei, so where is the birur, where is taka the bedikah for that din needa d'Oraisa? And the teretz is, the mere fact that you weren't margish anything, so that itself is the bedikah that there's no dam nidah. Lo yitzruchu, it was shayach to be a dam nidah d'Oraisa without a hargasha, and hachanami, there would be a chiyuv, according to these poskim also, to check. That's what I'm saying. I'm trying to ta'ina that they're not arguing with the yesod that a safek laz mechayev bedikah for nidah. The only thing is, they say it's already, it's k'ilu it was checked. You know, in English we have an expression: if it was, you would have known about it. So that's called checked. I'm not saying you don't have to check; you checked. Oh, so that's a shaylah. Wait a minute, it's not obvious. I don't know, maybe. Okay. I'll tell you what I mean. The reason why the first bedikah is good enough, and the rest of them are only lechatchilah, we're going to learn what it is.

Maybe she's nidah d'Oraisa. So the teretz is, she's not. She didn't feel it. More pshat is, fakert. You're supposed to be bodek for that, and she was, but the fact she didn't feel it, she was bodek. What does it mean, v'safrah? Tell me, does it say in the Torah she should be careful? Does it say in the Torah she should check? What does it say, v'safrah? No. Tagid לי, you learned halachos. You talk to me, where did it come from? It's halacha to make bedikos. Let's say if you hold it's d'Oraisa, right? Where does it say that you have to? It just says v'safrah, she's counting. Okay, so she's counting. What? Yeah, counting. So what's the teretz? The teretz is, I'll give you an example. There's a famous devar Avraham. The devar Avraham asks a shaila: how can we don't make sfiras ha'omer maybe today's one, maybe it's two because of sfeika d'yoma? He says a yesod that the word sefirah has to be vadaus. When the Torah uses the word u'sfartem lachem, it has to be vadaus. So I never understood what he meant by that. Did he mean that counting—counting, it didn't count—counting has to be one, two, three, and not maybe one, maybe two, maybe three? Because if it's maybe, then it's not one, right? Every time you say maybe something, then it's not. Huh? Counting one, and if it's maybe, then it's not one. Then it's not one. You're lacking one. You know where I had this? I'll tell you where I had this. At my old ... eighteen years ago, said this shiur in my father's shul, the yeshiva's bein hazmanim, the first year of yeshiva's bein hazmanim. It was eighteen years ago. He came and he spoke about Sefira d'var Avraham. I had it out. Oh, did I have it out. I kept on telling him, Yeah, but you didn't explain what did you mean by that. What do you mean? What does d'var Avraham mean? What does he mean? I don't see. You can't count maybe one, maybe two, maybe it's one, maybe it's two, no. It's definitely not five, so I count it maybe one, maybe two. And the funny thing is, when you count one and two, you're not saying maybe it's one, maybe it's two. You're saying one and two, right? You're counting both. So maybe that's a problem. Maybe the problem is you can't say today's one, today's two, because then you look like you're belonging to an institution, right? If someone talks like that, there's something wrong with it. So why do we not count misafek? Why do we say it's maybe one, maybe two? Teretz is it's not the lomdus of Sefira. Maybe it's not a kiyum in the brisker sefaras. If you count maybe. So we have four stadim now, no? Here we went on four stadim. Why does misafek have to be vadai? Why does misafek have to be vadai by Sefiras HaOmer? You know, we're going to soon learn. But by nidah it works. You could say maybe it's one, maybe it's two, you know what I mean? Varvram, what happened to nidah? You think about that? Huh? Maybe you don't have to count at all. Maybe. You see, this is the type of things that interest me. There's certain things that interest me. What makes ... outlandish here? Maybe there's one, but if it's not one, let me use two. Try it. I have no problem with that. Maybe. Maybe ... Maybe work with tenai. If it's not one, then it should be yotzei to, like, krias shema. That's a fifth kasha. We have five ... all right? Listen, anyways, you could get ruined. Listen, the fourth day she saw dam, she has to start all over, so everything is knocked off anyway. Yeah, but whatever it is, till day four she counts, right? I'm asking, the word vadai, the word vadai, till now it's vadai four. What does the word vadai, what does it mean? We find that the word sefirah has to be vadai, otherwise it's not a sefirah. What's wrong? You don't like it? Not for you? No? The what? Sefirah is over? You know, it's very interesting. The rav of my old shul—actually the old rav of my shul, however you want to call it, I don't know—the rav that was the shul that I left.

Whatever you want to call it. He had an interesting minute. As soon as one Yontif was over, he would start the halachos of the next Yontif. So as soon as Sukkos was over, he was already learning Hilchos Chanukah. He would get up there in front of everybody. The Chanukah, and everybody looking at him, oh yeah. No one's interested right now in Chanukah. When Chanukah came, he was already by Purim. So my kids have a good joke about it, you know. Every Yontif, he spoke on Yontif, he would speak about the previous Yontif. After Yontif, he would speak about the coming Yontif. And on that Yontif, he would speak about the previous Yontif. All right, that's neither here nor there. You're saying the same thing; you're not getting the ... All right. So, geit a sefer, it's the same sefer, sefirah. Okay. So, Rabosai, let's hear vaiter, let's hear vaiter. Let's hear vaiter, let's hear vaiter. So, Sefiras HaOmer can't be questionable. It has to be vadai, right? You have to know for sure. Maybe that's the pshat, right? So whatever it is by Sefiras HaOmer, I don't know if there's a ... the sefirah, the day, whatever lomdus, the five questions that we ask: is it a tenai? Is it that the word safek means vadai, or the concept of sefirah can't be, so then it's only דין numbers, it's not the geder to the ishah. However you want to learn it, right? Because if it's again counting, if it's a counting issue, not to have sfeikos, so maybe it has nothing to do with the sefirah of nidah. Okay. Either way, somehow the sefaros mechayev bedikos. How is the safra mechayev? How? How, from the word vesafrah? Shivah nekiyim, they'd be chayav b'dikah. Where does it come? Huh? Vesafrah, he should count seven clean days. Yeah, so who says what? How do you know it's clean? How do you know it's not clean? Check. Until I check, I don't know anything, so I can check. The maisah is to check that proof. Is the room clean? I don't know. That's not an answer. What's wrong with the room's clean yesterday, and I never went back to check? I never went back to make it dirty. Let's say after three days—you have a chazakah that for the last three days it was clean. Why should I think the third? The Torah's not asking for chazakah; it's saying count. How do you know? The Torah says count seven. You see, you see, you see the mind game he plays? That's exactly what I'm trying to tell you. Torah says vesafrah, so I fight it back to safrah. See, I'm telling you to count, right? So you need both. The Torah didn't tell you that seven days passed and then she went to the mikveh. It said you counted seven days. Every single day of the seven, you did something. Yeah, I counted to make sure that it's not— But according to Rebbe, it's just saying, oh, three days it was clean, four days it was clean. That's not a count. I didn't find anything dirty. I have no reason to say— How could you not find if you didn't look? Why do I have to look? The Torah didn't tell you to look. The Torah didn't tell you to count. Say count. What do you say, Rebbe? Yes, let me tell you it's clean. Don't tell me— I ask Daniel. Clean? Don't tell me— He has your normal guy. You'll be—you hold like him. That's it, you lost it, you lost it. So the question is... You're sitting next to the Rebbe, that's why. I'm sorry, sorry. Let me ask you a different question. Are you maskim, ... take it easy, easy, the world isn't coming to an end, everything will be fine. Are you maskim that there's a halacha that she should know that it's nekiyim, that the ... you talk about that. I don't know, I don't know, I'm just repeating the words that you use. There's some form or level of yediah that she should know that it's nekiyim. Pirush, second pirush. Besides the fact, besides... My kids must be in town. Whenever my kids are in town, you know, funny things happen all over. Funny things, suspicious things, they seem to fall into place. It's my children, it's my kids. This is my kids, right? I tell you something, if you knew what it was in my house, it's...

Not Shayach. Okay. What they're playing with it too. No, someone turned on the hallway, so that one was more shadow. You better be careful, because the whole blocks lights are gonna go off soon. It's amazing. I know my children are on Taftel, listen to me. I know what I'm talking. You guys were laughing, you thought I was stop joking, right? You thought I either I'm stop saying it. It's that, right? I told them. Father lets. Father lets? Why did I tell you? Why did you tell me? Oh, sarcastic. I guess they couldn't chap the sarcasm. Okay, you hear? So, b'kitzur, there's a real tzedakah. Pischei teshuva brings it down. The Pischei Teshuva brings it down, you hear, that there's a halacha of yediah. There's a whole shaylah already: what happens if she was mesupek, so she went to the rav, so the posek said, Yeah, that's still good because she was counting maybe one, maybe two, or maybe she didn't know, the rav told her it's not good, and then she forgot about it completely, and then the rav came and said, Oh, I made a mistake, it was someone else's bedikah. Okay, well, whatever other cases the Pischei Teshuva and Acharonim bring, where she completely does not count, here she completely does not count. Now let me ask you a shaylah, here: why is it— I should do, I should get my kids to stop the clock. That's a good idea. That's a good— that's a chochmah. They should get somehow to stop that clock for fifteen, twenty minutes. Okay, the kids are... So the question is, what is that din that she should know? So I guess that's more like dvarav ramsufin d'halacha, maybe, huh? Is that a din in the mesorah, that she counts, she should know, otherwise it's not... ...dvarav rams l'chumra? Does it mean that? Not to me. To me it doesn't sound like, because I think straight. When you think straight, it doesn't sound... Yeah, that's right. We should say— read, that's the... say. We'll still talk, baby. You should make a bracha. Why don't you make a bracha? Why don't you talk about it? Make a bracha. The mesorah doesn't... like Sefira, same. Like Sefira, why'd you make a bracha? She should make a bracha, asher kid'shanu b'mitzvosav v'tzivanu al Sefiras haOmer. ...I'm trying to ask— who does he quote from? Who? It's Rishonim, it's Rishonim. How can we don't have al Sefira? What's the...? Abaye, let me tell you: the idea of Sefira is not for the din of the mesorah. The din of yediah is because she has to be nosein daas constantly to check the matzav. It's a din in hesech hadaas for the... It's not a din of mesorah; it's a din in hesech hadaas. You think all day or once a day? What do you mean? All entire day have to think about...? Let's start again. Remember, I told you, what happens in case she doesn't have hargasha and she doesn't have dam, right? So we're saying that she doesn't have to check. Well, the pshat is, fakert, she is checked. The fact that she's in a matzav that she knows that she has to be noisein daas on the nekiyim, so she's paying attention to the veses. She's paying attention to the hargasha. You ask me a kasha: today they don't pay attention. I don't know if that's true. If she's in shivah nekiyim, she's paying attention. Paying attention is once a day or all day? I think subliminally, in the back of their minds, they know they're in shivah nekiyim, and they're paying attention the whole matzav. They're thinking that they have to go to the mikveh in seven days. They're paying attention to the matzav. The fact that they have that thought, but she lemaaseh can't feel down there. It's a difference. I don't want to go into it. That's not true, and I don't believe that's true, that if she paid attention to it, she'd feel it. She checks only the first day and the last day. Don't bring me that—not yet. I'm telling you a chiddush. I'm telling you a chiddush. Ein hachanami. You know what I think? If a woman...

If a woman was in a matzav, she slept for two days. She slept for two days. She went on vacation, she was exhausted, she took a sleeping pill, and she slept for two days. I don't know. I have a big safek that there would be a din chiyuv bedikah min haTorah to check for the dam hargashah. Why not? One day should be enough. Why not? Again, I'm telling you, I'm asking you, according to the ... there's only derabbanan, so what happened to taka the chashash, maybe it's dam hargashah? She didn't have hargashah, right? So what do you mean by that? You mean to say what? That, ein hachi nami, so there's no chiyuv to check for that, or the chiyuv is that that's as if you checked? So l'fi tziyur, you can have a scenario where she taka couldn't feel hargashah. She taka couldn't feel the hargashah. So maybe, according to ... if you hold like the Avnei Miluim, you still might have the chiyuv bedikah min haTorah to check for dam hargashah. Why do you have to spell it all over again if she slept for two days? You're lacking one of the chiyuvim bedikah. I don't know if you can come and wash it away by saying one in seven is good enough. I don't know. I'm not so clear about it. Let's say she ... for half an hour. Would you believe it? Moshiach must be coming. I was machmir or something. I don't believe it. But I want you to understand the truth. It's 100% true what I'm telling you. If you learn the yesod, let me tell you something. Can I tell you the truth? I don't remember where I saw it. I think it's a Marsha. I think the Marsha says that the pshat is that's the bedikah already. She didn't feel the hargashah. That's the bedikah already. I believe it's a Marsham. And I remember when I saw the Marsham, I said, Ah, mayrich chiddush. Lu yetzuyah, she's in a matzav where, you know, she couldn't feel it. She was sleeping for two days. She was sleeping for two days. According to the Marsham, she couldn't have said, Eh, forget it, I didn't make a bedikah. Who cares? One in seven is good enough. Think about it. Now, according to this, I have a kashya. The teretz is, you had one in the morning and one at night. Again, but you have one in the morning and one at night. It would be dam. But again, there would be dam. There was a re'iyah while she was sleeping. So she's wearing the kiyum, not two. But then you have to have a bedikah, and the kiyum doesn't always fall. You don't have to have a bedikah all day long. Every woman needs a bedikah all day long? There's klalim in bedikah, chashashes. Why? I understand, Rebbe said because constantly twenty-four hours a day she is feeling it. It's as if there's a bedikah inside all day. She wants to sleep in the afternoon. No, had she felt it, it would have came out, right? So then, you know what? You don't have to—she should have underwear on when she falls asleep for two days. Okay, you want to be machmir more? Go ahead. I'm not saying anything. I'm saying if you wear underwear, two days you can be sleeping, it's fine. Rebbe is saying the fact that she slept and she couldn't feel, that means she can't have any night. You want to use that? Okay, fine. I'm saying the whole klal makes no sense. I'm telling you, one thing vadai, you would need something d'Oraisa, and you can't just say that you don't need bedikah. So how is it that she sleeps every night? Again, according to you, you don't need bedikah because you're wearing underwear. Is that a true statement? Don't ask me. Forget about before Rebbe, before anything. I'm asking a kashya halacha l'maaseh. You don't have to have bedikah because a person is wearing underwear? Don't say no opposite. I'm asking a halacha l'maaseh. The answer is that it doesn't help you anything, because you need bedikah. So whatever you need bedikah, you'll need them, even according to Rav Meir, for the dam sheba b'hargashah, can't use the heter. And she felt because she was sleeping. So why is it she sleeps every single day? Stop trying to—again, there's no chiyuv bedikah every five minutes. Whatever it was, chazakah, twice a day. Whatever they were kovea. I mean, I don't understand. It doesn't make sense to you that she sleeps twice a day? What, it has nothing to do with me. That has nothing to do with what I'm talking about. It does, because— No, it does. No, excuse me, excuse me, no it does. Are you masking that if it's de'oraisa, you still have to check only twice a day? No. You're checking constantly, 24 hours a day, because she's awake, she's feeling— Did I say anything? Forget about me. Before I walked in here, if you hold it's de'oraisa, are you checking twice a day or all day long? Again, forget about me. I don't—you look for me. I'm asking halacha. According to you, why? Maybe it was before, maybe it happened 20 hours ago. She was asleep. Huh? She was sleeping at night, in the morning. But what does that have to do with me? I don't know what you want from me. I'm asking because—

Asking only about ... According to the ... I don't see, according to you, you have an answer to that question? Yeah, she was a chazakah. She doesn't feel anything. She has a chazakah. She could be asleep for five days; she has a chazakah. It's chazakah. She had a hefsek taharah clean. She had the first bedikah clean. Why didn't she have the rest of the days already? Again, let's start again. If you hold that it's de'oraisa to check every day twice a day. Because we don't pasken like that. The Shulchan Aruch is paskening l'chatchilah bedi'eved, but according to the Chavas Daas it's de'oraisa. I'm saying, and the bedikos are for that reason. I don't think it's ... Avada is, avada. That's the whole thing. The mechaber is going with the shittah; it's only derabbanan, so you can be meikel. That's the whole part. I don't ... don't ... for me. Once is enough. That's the halachah. How is the Chavas Daas? How is he? How is the ...? The Chavas Daas is crazy. Where is the Chavas Daas? From day one. I'm saying the same thing. Again, but you miss the point. The chiyuv bedikah, whatever that chiyuv bedikah is, right, we wouldn't be meikel and say, Ah, forget about it because it's only derabbanan. I'm not saying because it's derabbanan. She falls asleep for five days, she has chazakah. Right, but if you learn that it's de'oraisa, what's the reason? And if you learn it's derabbanan, why do you say, Ah? Because it's only derabbanan. So the difference. But we're going right now with de'oraisa. Rebbe's asking me on de'oraisa. She checked on day one. I'm asking you a very simple thing. L'maaseh, would we come and say, Who cares about the bedikos? Would we say that? No, nobody says that. We say it like this: What's the reason to be meikel and say, Okay, l'chatchilah bedi'eved? Where does that come? So, ... because of ... Why not? Huh? Maybe because there's a chazakah. Rebbi, it's a Gemara, Rebbi. No, I understand. I'm getting to it. You can't say the ... and Rav holds. So, again, what is the chabis? Some ... are de'oraisa. Some. Yes. So what are those some? First and last day. Those are de'oraisa. So the first and last—I'm talking about the first and last. Okay, fine. Is that good enough? The first and last. And then what? Whatever the chabis das would hold, I'm telling you that ... would hold the same story where there was no machshavah ... I don't know. I'm not saying that much. All I'm telling you is that if the whole reason is—not that you don't have to check; it's as if you did check. Why is it as if you did check? ... says that, because you would have felt it had there been hargashah. But you're sleeping on the first day. That's my kasha. That's my answer. And the answer is what? And the answer is, at the end of the night, you check. That's a check for what's going on through the whole night. Why does that work? Now let's read the Baal HaShulchan. Let's read the Baal HaShulchan, right? Those are the words used. Read. Why do we check twice a day? Go ahead, read it. Why do we check twice—one in the morning? Why Shacharis? Maybe we should do it at mincha time? ... That's it. ... It keeps the whole night. Fine, so how come it only works for twelve hours? So what do you want from me? You know what? Rip it out of the Shulchan Aruch. That's what it says there. What do you want from me? That's not me. You know, I'm trying to tell you, you make it sound like I was mechadesh. I was mechadesh nothing. All I said was that when you learn that it's derabbanan, ... pashtus, pashtus, we don't care about the whole story with the chabis das. I, maybe b'hargashah, so ... he said, 'Mechteisa.' What are you—? Was it pshat? Is he saying it there? That's called niftak, since she's meisim lev. Since v'safra, since she's paying attention, the fact that she didn't feel, since she's paying meisim lev, that's called a bedikah. That's called checking to make sure she didn't have a dam b'hargashah. So I'm just saying a chiddush, according to... You know, at the end of the shiur, I might even remember where the Maharsha is. Maharsha has five volumes. It's very hard to remember numbers in the Maharsha, but I definitely saw in the Maharsha. I remember seeing it. When I saw it, it was to me a chiddush. Pashut, you learn that the machlokes d'Oraisa and d'Rabbanan, that the d'Rabbanan nikkar don't hold of d'Oraisa. They don't hold of it. They don't hold the whole thing. Mechtais, who said? Where does it say d'Oraisa? Where does it say? The other taiches, farkert, they held that what are you afraid of? Dam d'Oraisa? Dam d'Oraisa is hargashah. So she paid attention to that. Since she's being meisim lev v'safra, so automatically it's as if she was being bodek for dam b'hargashah. I dam shelo b'hargashah, that's what she checks for. You had me, why twice a day? What do you want from me? I was kovea twice a day. Chazal...

He brings the Maharsha. He brings it, right? It's a Maharsha. I remember seeing it. There it is. He says—oh, he asks your kasha, though. You want to know something? He asks your kasha. So why is it, if that's chadash, so one minute that's chadash? This is not the Maharsha. Okay, now to— I mean, I'm not saying. All I said was this far: when you learn the machlokes, you know when it comes out, it's either black or white. The de'oraisa or the derabbanan. Maharsha makes it gray, that he holds of the de'oraisa and derabbanan; they have it anyway. They hold by the fact that the person is meisim leiv, a woman is meisim leiv to have shivah nekiyim, so she's paying attention to the harkashos. And that's the— I always had a shayla: how come the bi'ilas stam— it's a teshuva, this inyan of heschadash, of the safra— why did the Shulchan Aruch not bring it? How come everyone stood that way? Talked to the Maharsha, they never knew about it until the Pischei Teshuva; they never thought about it. And you're not talking about what would be in the case. It's not a what would be in a case. It's not halacha. Shebnikiin, that you can't have hesech hadaas. It's a case. Come on, that's a case to you. You thought she's tamei and she's really tahor? No, but they're telling you a vart. He wants to say that ... let's see if ... a little bit. Also not good. But many poskim hold like that. Huh? Huh? I can't hear. What? Maybe holds not. It's only a gevald to a case. Tom, you like the question. Is there a yesod with a safek? Is there a yesod with a safek, that if you have to count ... Why would it not be brought down in the ...? I find it very mind-boggling that one of the dinim of what the safek is is not found in halacha. It's found later on in Acharonim. I don't know what that is. Acharonim could be that way. You have a case, yeah, a case. But the chiyuv with safek should be hesech hadaas, or she should have in mind, or she should count. Why did that ...? I'm tying it the way I'm learning, b'shmak. The hesech hadaas—what is she doing? Huh? What are you—excuse me, what are you doing? What is he doing with the keys? You want to tell me? Huh? Bobby's picking you up? All right. They're gonna go pick up Bobby. I want back my keys. You're not leaving without bringing back my keys. I'm tying that it's not a separate special halacha. It's not a special halacha, kumbasei, that you have to have in mind. It's not what it is. It's a taicha shouldn't be. In fact, taiching that if it's going to be naki, you got to pay attention to it. It's a matzav of having clean days. You know, I'll give you the best example. A woman likes to have a clean house. A woman who likes to have a clean house or wants a clean house, right? What is it? Is it a metzius or it's a verb? It's a verb that I want to have a clean house, no? She's omed al hamishmeres that the house should be clean. You know, want, to want to have a clean house can be a noun or a verb, you know that. It can be the—it's ratzon, I want that. Or I want it. I do action. I make sure that it's clean. Let's use the word like. A woman likes a clean house, okay? It's because she likes that it should be, or you mean to say that she—

It works on making sure that it's clean. The safra means she should count. What does it mean she should count? You want it to stand on the calendar saying one, like echad, echad, echad, sheini, echad, shlishi, like by the kohen, is that what it... But you can't get to seven without having a feet and toes and the counting on a calculator. What do you want the safra? You explain to me what the sefer is about. Confirms. Wow. Now you're finally making sense. First time in one hour straight, I'm sitting and thinking, what happened? Now you're talking to the point. The word safra is not sfira with the numbers. It's not day one instead of day six. Let me ask you, I had a shayla like this. Let's say a woman, lu yutzur, seven days she counted, but she didn't know that it's one and not two and two and not three and three and not four. But she knew another seven days, she was counting. Today is another day of my sefirah. Today is another day of my sefirah. And she knows that Friday is going... What has to be? Sheheim shisha shavuos, sheheim chamisha yamim v'chamisha... You need a number? Is it about a number? What are you talking? Maybe that's why there's no bracha. Exactly why there's no bracha. That's exactly what I'm saying. There's no bracha, because it's not in the sefer and the maaseh. It's in the sefarah. Maybe it's a bracha, but it's gonna be a sheker if she starts bleeding again. No, today's, right. So by Sefirah Saimer also, maybe you'll miss a day. Yeah, but when you said before that was emes, though. When I said that today is day one, two, three, four. It's the fourth day, and I'm akiyim. But if I bleed on the fourth day, then the other three days are sheker. Maybe. It could be. I'm not... It's not sheker. Who? It's not good. That's what I said. Not that. It's not a bedi'eved. No, it's not a bedi'eved. Maybe shem will be mevulach. Okay, okay, it's a teretz, one of the terutzim. I'm not arguing, it's one of the terutzim. Or maybe it's not about the verb. It's not about the verb of a sefarah. It's not the ma'aseh of a sefarah. Sefarah, she counts. She counts. She doesn't lose track. Let's see, let's see, write it down. She doesn't count. She keeps... Tishmor, tishmor. She should keep. That's what it is. It's all about shemirah. So why is it sefirah then? Why are you using lashon? That's the question. That's what we started the shiur with. Why is using the word sefarah? That's my question. Why do you use the word sefarah? It doesn't mean numbers. It's not about numbers. It's about keeping count. In English there's an expression, clean house, have noun or verb. Sefarah means she keeps count. She doesn't lose sight that the days are nekiyim. Interesting. What do you say, Rabbi? Take a little more time. What? Who's what I'm saying this from? There's a guy who comes from Lakewood, his name is... I see, I have time to look anywhere. This is my... when I say something, because I, you know, I reach an age, I don't care where it says. This is where it says. It says it in my head. It should say it on your notebook, on the side of your... that's what I'm saying. Okay, now, mimeila, there's no count, and mimeila there's no bracha. Mimeila, the Maharsha says, gevaldik, if she doesn't lose sight... That it's shivah nekiyim, gardavaltik. So how does she not lose sight? She pays attention. She's a nekiyah, she's paying attention. Okay. The poskim say that she could count, maybe it's one, maybe it's two, maybe it's three, maybe it's four, depending on what the rav paskens. If sefirah means sefirah soimer like d'varavram, sefirah soimer, so it says there's nothing to do with the numbers. It's about not losing track that what? That is shivah nekiyim. Says the Chinuch, they say this case, if she forgot, meaning she said, Eh, my shivah nekiyim are over, so she's losing track. She's not paying attention to the shivah nekiyim. But if the taich is, yeah, no, if the taich is that she has to have the numbers, what is maybe one, maybe two.

Maybe, maybe the ... What is that? It's not the sefarim. It's not the sefarim. Rav Mordechai, Rav Mordechai. Hashem yiten lachem ... alef alef alef from ... Here. This is the pshat. This is the pshat here. Oh. Oh. Now, boys, this is all good if we learn the reason why we don't care about all the de'oraisa dike hargashas and dika. There's another pshat we can say. You come and say, once you have a chazakah, so there's no need to be choshesh for the next piece. So b'etzem that's called baduk. It's not the pshat that we don't care about the shivah because de'oraisa, so even on the de'oraisa chelek, it's already called baduk. You want to make face about that also? So you want to make face about it? Okay, so read now the ... from Acharonim. I mean, that's famous. That's the pashut pshat. See, what I try to do is try to sidetrack that, tell you something new. But the pashut pshat is like that, that if you hold this de'oraisa, who cares? L'maaseh you have a chazakah. So read it. He says it clearly. Yeah. No? The first one, the first piece, why should the first day leave it to bedikah? Yeah, go ahead, no. First piece, no. No, before the first, right away at the beginning, daled, no, the first shtikel. Second shtikel, excuse me, the first one he talks about something not ... so much. The first shtick... No, you're already too far. Daled, the beginning of the seif. This is the second one. Okay, so do the third one. Can I have this? It's right down the bottom. It's right down the bottom, so one right before the bottom where the fat line starts. Right here, right here, read it, the one on the bottom, right where the fat line starts. Talks about the chazakah. Oh, oh, כי בת קביעי רישא. Go ahead, read it. That's what it's based on. Even if it's only de'oraisa, so why, according to the shitas that it's only lechatchila? So Eli learned the mechaber holds it's rabbanan. Again, the whole thing is chazakas, chumras, ma'ases, zachin. Or you could come and say it's d'oraisa. If it's d'oraisa, so why aren't we checking every day? This, he says yesod, what you said before, that since it's this chazakah that she's tahorah, so then there's no problem, right? Oh, this is what I want to ta'ina. I want to ta'ina the reason to have the bedikas is ein somech al chazakah b'makom shechayim levarer. What? You're making me nuts. I'm gonna hit you with it, because that Chazal said there was a normal checking. That's called checking all the time. Kriyas Shema is tamid, right? We said this, korban tamid and it's boker and erev. That's the way tamid works. Tamid is not every minute, otherwise you'd get a nervous breakdown. You're right, so you check it all day. You could do that. Okay, now, so for you it's good. A person who thinks like you should check all day long and keep busy with that all day, every single day. Don't bother me, bother you. The bottom line is— Daniel, the bottom line is — you're not talking, that's all. The bottom line is, the bottom line is that there's a chazakah. Once you have a chazakah, so the rest of the days become what? Only because ein tzrichin al hachazakah. Look at the lashon. Now I understand the lashon of the Mechaber. Mechaber never came and said that lechatchila you should be bodek. Now it says, tzricha — she has to be bodek lechatchila. That's the din of ein tzrichin al chazakah. What's ein tzrichin al chazakah? B'etzem it's mutar. The only thing is, we want that you shouldn't be somech on a chazakah. So tzricha livdok — the whole tzricha is only lechatchila. The makom she'efshar. The word tzricha livdok is makom she'efshar. So I taina that b'makom she'efshar, it's not even a lechatchila. What's wrong? What's wrong? What's wrong? What's wrong? Huh? No, tzricha livdok — tzricha livdok is not everyone. Right? Lechatchila, ... That's what I thought. I was reading the whole time like this. No, tzricha livdok — tzricha livdok is not everyone.

I read it. I read it. I could come afterwards. That's exactly what I'm saying, but the tzricha livdok— It's not lechatchila. Who says? Tzricha livdok is a din. Lechatchila do it twice a day. If you don't twice a day— Okay, maybe. I read different. Let's go. Let's see how he says it. You read it like him. Okay, let's see what it says, yeah? I think we just stopped because the few letters between the two words, so we got confused. That's not everything we also read. The reason I'm saying that is because there's no machlokes Rishonim on lechatchila. The machlokes Rishonim is twice a day or once. That is a smag or whatever. This is what I want to— I want to tell you. That the whole din bedikah is not a lechatchila, shehas to be bodek. The whole din to be bodek is tzricha livdok lechatchila. So lu yetzuyer it's not a lechatchila, so there's not even a tzricha livdok. That's the pshat. Tzricha livdok lechatchila means she could be bodek; she should do it. What did it say? What did it say? Go ahead. Rabbi Akiva Eiger puts it together, like— leias bedekes lechatchila. I know, I know. Leias bedekes lechatchila. I'm telling you. You tell me about a reader of Chabad. I wasn't born yesterday. I wasn't— tzricha livdok lechatchila, pamayim b'chol— So they put the comma after tzricha livdok, comma, lechatchila. It's not. Let's see how you read it. You read it like me, of course, because you don't know how to read. Something's wrong with them. Okay, now you understand? He says on the bottom not like that, right? Bedekes lechatchila. Bedekes lechatchila. You see, Rav Akiva Eiger— bedekes lechatchila is pashut. What's the ta'ich? The ta'ich is because the whole inyan of the bedikah is not lechatchila tzricha livdok. It's tzricha livdok if it's a lechatchila. Mashenkein when it's not even shayach, not even lechatchila, it's something— Why? Because it's only in order not to be סמיך on the chazakah. Then if you learn like the second pshat, that has nothing to do with the chazakah, it has to do with the derabbanan, so then it's pakea. There's a din derabbanan, a pטור to be by. If you learn it's al tzad derabbanan, so then it's l'chatchila to be by. If you learn that you have a chazakah, so it's only l'chatchila. Yeah. Yeah. Someone wants to put mincha? Yeah. Mincha. Yeah, but what's the point? ... What for the amud? No, I have a different havarah.