Hilchos Dam Chimud: A Kallah’s Seven Clean Days, Chuppah, and Hefsek Taharah

Transcript

סימן קפ״ז. דיני כלה נכנסת לחופה. לדינים of a kalah nichneses l'chuppah. תבואו לינשא, ונתפייסה, צריכה לישב ז' נקיים, and the pratim of it is, begdolah, begdan, as we soon will see. So this siman is about dam chimud. Now, when a woman, tav'ua linase, she was asked to be married, and she's maskim, there's a problem of dam chimud. So before we get into dam chimud, there's two diyukim that we have to make. First is in the lashon of the heading of the mechaber: כלה הנכנסת לחופה. Is it have to do with chuppah per se, or it has to do with bi'ah, l'choira? It has to do — there's chimud for bi'ah. The lashon of the mechaber is chuppah. We're going to soon learn from the Pischei Teshuvah that this is actually an interesting she'eilah: is it the bi'ah, or is it the nisuin that makes the chimud? The mechaber — the mechaber could be is just telling you, דיני כלה נכנסת לחופה. He doesn't mean more than that. Could be. It's interesting that it's דינים of a kalah l'gabei chuppah. Again, it's not a muchrachdike diyuk, but since it's read anyway in the Pischei Teshuvah and the Acharonim — Acharonim talk about it — is it the marriage, or is it the bi'ah? The mechaber correctly writes chuppah. So then it's meduyak a little bit, the word chuppah, but that's only a small diyuk. The ikur diyuk that I want to make, it doesn't say that she's tameiah. Tevuli nasei v'nispaisah tzrichah leishev zayin nekiyim. Why'd you say she's tameiah? Why'd you say she's a nidah? It doesn't say anywhere in the Shulchan Aruch that if a person asks a woman to marry him, that the woman becomes a nidah. What it does say is tzrichah leishev zayin nekiyim, and that's a very stark diyuk. You're right, kalah nichneses l'chuppah. He sets up the halachah, something about getting married. All right, we'll soon see cases of women who are shayach to bi'ah, not marriage. Women who are shayach to bi'ah, not marriage. Okay, it's a small diyuk in the lashon of the Mechaber. But this—huh? You got to find that later? Okay, so leave it. Okay, now, yeah. Huh? Even case not chuppah. Yeah, if let's say it's not chuppah, maybe it's for the first time to bi'ah. Who said it has to do with chuppah? We'll talk about it. We'll talk about it. These are cases in Acharonim, but it's irrelevant right now. The diyuk that's important right now is, you hear? Tevuli nasei v'nispaisah tzrichah leishev zayin nekiyim. So the mashma'ut is not tameiah, but leishev zayin nekiyim. So let's discuss dam chimud, and if we understand dam chimud, maybe we'll understand the din the way the Mechaber brings it. The shitah of the Rashba. The Meiri and the Ran also bring the shita that dam chimud is regular dam nidah u'tmeah mehaTorah. It's a regular nidus, dam chimud. It's called dam chimud because that's what's gorim the dam. But there's nothing unique about the dam. It's dam haba al yedei chimud, but it's dam. Reb Eliezer, daf chaf amud beis, Reb Eliezer smelled a amah, and he said, This, this is dam chimud. Fragt the Rishonim, what's the difference? If it's anyway tameiah, so what's Reb Eliezer talking about? According to the shitas Rishonim shezeh mimeila dam, v'zeh dam nidah ragil, so what do you want with smelling and saying that it's dam chimud? So the Rishonim answer, so the Rishonim answer, רצה להראות כוחו שהוא בקי. רצה להראות, רצה להראות שהוא בקי. I don't know for what reason. I always learned—not now, not now—I always learned that a person should hide his anavah, his yediah. What were you trying to say to your big posek? What did he want, unless it's nogea l'maaseh? He was trying to be me'orer the people, I know.

He was trying to be me'orer the people, I know. Okay, I don't know. This is already like a temusa seider, this Gemara. But al kol panim, dos shteit in the Gemara. The Gemara says that he smelled it and he said it's dam chimud. Fregn the Rishonim, what's the difference? If it's anyway regular dam, and the teretz is laharog's kocho. He was trying to show shehu boki nifla, sheyachol lehavchin בין דם זה לדם זה. Now, I have a different problem. If you learn like those Rishonim that dam chimud is regular dam she-just it's ba al yedei chimud, so what's takke the difference? How was he able to tell? If you learn it's takke different damim and they're both tamei, but if it's not, if it's regular dam nidah, but the gorem of it is chimud, so what are you telling exactly, that what? That it came al yedei chimud? There's nothing to tell if it's the same dam. Muchach from those Rishonim, it's muchach from those Rishonim as well, she'afilu im zeh tamei mehaTorah, there's a chiluk. I mean, otherwise, what did he tell? He smelled and said what? It comes al yedei chimud. It's dam. You could tell how something comes; you can't tell how something comes. It's hard to believe that there's a chemical difference or a color difference if the gorem is—what's the difference what the gorem is? The tumah is there a chiluk between kefitzah and a different—I mean, be able—dam kefitzah? Okay, I disagree with you. I don't even want to argue with you. I disagree with you. I think you're wrong, that's all. If it's the same dam, there's nothing. There's no way to tell the difference. If it's a different type of dam, if it has a different metzius, then I can say this dam chimud is not dam. I can see a difference. But you can't be a baki to say that, Shatarata makir, ma shelo shayach l'hakir. You know, you look at it, you go, ruach hakodesh. That's what he meant. He meant to say ruach hakodesh. Efsher. The Gemara says that certain Tannaim were able to smell basar and they were able to see if it's kosher or treif. Maybe that's what he meant. He meant, I'm not a baki, peirush baki, not peirush baki in bekius, but baki b'ruach hakodesh. I don't know. Okay, this you'll leave for the dayanim on 53rd Street. That's, you're able to tell with the... okay. Masha negei l'inyaneinu, if there's no difference, then they shouldn't be able to tell the difference. And if there is a difference, you have to say that even according to those Rishonim, there's got to be a difference. Yeah? You hear what I just said? You maskim? Yes or no? How can it be? You smell what? There has to be some kind of a difference, otherwise it's... you can't know, al pi ruach hakodesh, the difference. That's not what it meant. Okay. The Ran learns that dam chimud is tahor afilu mid'rabbanan. So then why are you being metame over here? It's a chashash, maybe regular dam nidah came out together with the dam chimud. So there's a chiluk between—this is a shitas haRan, and other Rishonim, Meiri, other Rishonim bring it as well—that be'emes dam chimud is mutar, tahor legamrei min haTorah u'mid'rabbanan. There's a chashash that maybe together with the dam chimud came out dam nidah. The other sevara is a shita emtzai. It's not min haTorah, dam chimud. And it's not Torah legamrei, but it's tomei mid'rabbanan. Tomei mid'rabbanan. So l'choira, there's three shitos here. The first shita is tomei mid'Oraisa. Second shita is it's Torah legamrei, and the chashash is nidah. And the third shita is that it's tomei mid'rabbanan. Now the Taz uses an interesting lashon. Taz explains that k'shegazru al ksamim, when they were gozer on ksamim, they were gozer already on dam chimud too. What does he mean? Does he mean that it's in the same takanah, it's like a ksamim? Shaaf. What does he mean? What does the Taz mean? Does the Taz mean it's chad gezeirah, it's one din? Or does the Taz mean, like he said, that the word shaaf means at the same time that they said this, they also said this? L'mai nafka mina? Why would the Taz go out of his way and say this? What's it again? I don't see why. Either way, however you learn, it's irrelevant. It's irrelevant. What's the difference? L'maaseh, they were gozer. You're writing this? You're writing this? What, this kasha? What? Yes, what's it again, l'maaseh, what's the difference? The question was there, how they did not have dam chimud.

So it has to do tamim. They just said gezeirah. What's the difference? Gezeirah came later. What does it have to do with tamim? Mi hichnis ktanim l'sugya zo? It has nothing to do with tamim. Or maybe it does. That's what I'm telling you. L'choirah, the Taz is interesting lashon. He's machnis that this sugya has something to do with ktanim, that just like ktanim, so too here. What does he mean? Now, l'choirah, a ktanah, there's no ksamim. Ktanah, kesmeha are tehorim. You know that. We learned this, right? So you can't come and tell me that it's ksamim, and at the same time the Mechaber says, ben gedolah, ben ktanah. What does it mean? So you have to say that the Taz just meant a mashal or she'ah, at the same time that there were gezeiras ksamim, I don't know. The Taz did not mean that it's the same halachah as ksamim, because if he did mean that, you run into a very big problem. Which problem do you run into? That a ktanah does not have ksamim. So how could the Mechaber pasken ben gedolah, ben ktanah, and the Taz turn around and say that this is a sugya of ksamim? So the truth is, I want to discuss with you the yesod of dam chimud. Is dam chimud tamei vadai or safek? L'maaseh, she's tamei. There's no shaylah that she's tamei. At the end of the day, she's tamei. The shaylah is, did the chachamim gozer on her that she's tamei? Or did the chacham gozer on the dam chimud, that the dam chimud is tamei? Did the chachamim gozer the kal ha-nichnases l'chupah is tameiah, or did the chacham gozer the dam chimud is tamei? Interesting that it doesn't say dam chimud is tamei. That's not what it says. As a matter of fact, it doesn't even say, rabosai, the word tameiah. Tzricha, leishev shivah nekiyim. That's what the Mechaber says. I want to ta'inen that the chachamim were mesaken. Benji, where are you? You know what, move—make some room for this guy. Make some—ta'aseh makom. He's not here today completely. Could you sit down here? Come. It's not negea, believe me. There's some—listen to me. They come and they go, and they say, This is, this is—who's going to teach it to you so clearly, crystal clear? It's crystal clear what I'm talking. It's a barur. Anachnu medabrim devarim berurim. Okay, okay, go. Where's your pen, first of all? Hishamer lecha pen. Hishamer lecha pen, tishkach es Hashem Elokecha. Hishamer lecha pen. Okay. Yes, I can explain. I am explaining. You know how I know that I will explain it? Because that's what I'm doing now. That's exactly what I'm doing. I'm explaining to you like this: is dam chimud that the dam is tamei, or is dam chimud that the isha is tamei because of dam chimud? To you it seems like the same thing. Okay, so I'll show you that it's not the same thing, okay? The isha is tamei, not that the dam chimud is—I'm saying it's not that they were gozer on dam chimud that it's tamei like kesamim. They said that she, and I'm trying to tell you something, she's not even tameiah. There were gezeirah that she has to sit shivah nekiyim, that's all it says. It never came and said that it's dam nidah. That's not what they said, that dam chimud is like dam nidah. Could be they came and said, like it says in the lashon, tavul, nasiv, nispaisah, lo tameiah, but tzrichah leishev zayin nekiyim. L'mashal, if let's say, klapi Shmaya galya, she taka did not see dam chimud. Let's say she didn't see dam chimud. Is she l'maaseh tameiah or not? So if you learn that the dam chimud is the metameh, so she's not tamei. The only thing is she'll be sitting shivah nekiyim misafek. But if the pshat is that what? That she's tameiah because that's what the chachamim said, meaning, forget even the word tameiah, that she tzrichah leishev shivah nekiyim. So even if there is no dam chimud, that doesn't make a difference. What is the lashon? The lashon is, shema machmas chimud ra'asa tipas dam. So what is it, a safek? Here, let me ask you.

Ask you a question. Does this woman make a bracha when she goes to the mikvah? Does she make a bracha? What do you mean? It's a safek. Maybe she's not tamei. Why is she making a bracha? Ah, you know who says this? Me. That's what I'm saying. It's exactly what I'm saying. It's a tremendous thing that, you know. Okay, Gershon, you have to calm down. I see the bachurim be very excited in this sugya, Baruch Hashem. She'eilah peshuta. If it's a safek, you don't know for sure. Calm down, relax. This is page two. There's about fifteen, sixteen more to go. Relax. See, the music is playing. Everything is relaxed over here. If you learn, rabosai, that there's a chashash maybe, so why is she making a bracha? Who says maybe she shouldn't make a bracha by the tevilah? But if the pshat is that they were mesaken temeiah, so that's why she makes the bracha. Gevaldik. I'm mamash mechaven to what Benji was saying, that he was mechaven to what I was saying. It's gevaldik. Gevald. That if the taich is that there's a real safek, and don't forget, let's discuss, what are the chances that it happened? Kimat nothing. And the biggest raya is because she checked and she didn't find anything. You know what the story is? Lo hirgish, and she checks and she doesn't find. And af al pi kein, we say maybe. So the chashash maybe is so rachok. How you tochi make a bracha on such a tefila? And the teretz is because that was the takanah. The takanah was, like a lashon of a mechaber is, dinei kallo, v'nichneses l'chuppah. U'mesaken tzrichah leishev shivah nekiyim. So you make a bracha on that. You make a bracha on that. Now, so if klapi shmaya galya, if klapi shmaya galya she's taka not a niddah, there was no dam chimud, it wouldn't make a difference because sof sof, what? That was the takanah. Shivah nekiyim. Now, ketanah. Let's go back to ketanah now. By ketanah, why is there no kesam by ketanah? Because be'emes she's not a bas re'iyah. She's called a mesulekes dam. So now that they were mesaken that it's not so much about the dam be'etzem, but it's every kallah nichneses l'chuppah needs to have shivah nekiyim, so meileh now instead the din of ketanah. The teretz is we're not choshesh by ketanah. The teretz is that it's a din in the kallah nichneses l'chuppah, that whenever tav'u li'nasei, there could be there's a halachah shivah nekiyim. They're not k'minas hagevaldik. There are many cases where there should really not be a nafka mina, or, excuse me, a chashash of chimud. Tell me, on every tav'u li'nasei is a chashash chimud? What happens if there is no chimud? What happens if there's no chimud? Here, I'll give you an example. Here, ketanah. What does she know? Forget about the mesulekes dam. Forget about the metzius that women are mesulekes dam. By ketanah, you could come and say she knows. So maybe you come and say in those days that they got married young, they taka did know. Echveis, efshar. Yeah? What happens if she was four, five, six? I don't know. I mean, what do you call a ketanah? I don't know. Okay, please, please relax, relax. You always have to make a bracha on the tefillah. The question is, by a ketanah, l'maaseh a ketanah. Yeah, that's a regular din, of course. The ketanah, it says here, ben gedolah, ben ketanah. It's a mefurashdikah zach. It's a mefurashdikah nekudah here. Shh. Okay, what part of what I said is what to argue about? Is she a mesulekes damim? Yes. Okay, that's also. If she's a mesulekes damim, so what's the sugya here? And the teretz might be, it doesn't really make a difference if she per se will see dam. It's not about her dam chimud. What it is is, it's about kallah nichneses l'chuppah. There's a din. So now, and I'm telling you a different nekudah. I don't know if there's shayach the whole metzius of chimud by a ketanah. She knows, she's getting married, her father married her off. She knows the difference. You know, someone told me a very nice story. There was a family in Kew Garden.

I'm not gonna say the name, a Persian mishpacha. The grandfather, straight out of Persia, a yid, a tzaddik, okay? He was niftar maybe twenty-something years ago. The grandmother's still alive. Why? Because the father was in his thirties, forty, and she was, chvays, twelve, eleven, ten, I don't know, she was a baby. So she told us that her mother sent her to the house of the chassid with her dolls, sent her with her toys. Is it shayach chimud in such a case? Shayach, shteit chimud? I don't know. It's a nice he'ara. Does ktanah mean who cares if there's chimud and who cares if some solekes damim? And the pshat is, lo plug. My granddaughter saw, when you just passed me the sefer to see this, I quickly glanced and he says it, yes, obviously we have to say the gam bktanah shayach chimud. Huh? I understand that. Again, but chimud that will taka cause... I don't know what it means. I don't know what it means, chimud. I'm asking you, does the four-year-old girl that comes with her, what do you call that, Barbie doll, is there no chimud? I don't know, it's a bissel schwer. You hear the ha'arah? You hear the she'eilah? I know, I know. It's a very interesting she'eilah. He says, yeah. Tagid Ivrit, tagid Ivrit, yeah. They don't know. It's very schwer. They really don't know what's going on? I don't know. It's hard to say that. Let me tell you, when you have a girl who's a baby, you're not supposed to live with her. Officially a ktanah, you're not supposed to... you wait till she gets a little older. You don't be bo'el a ktanah. She says no. It's almost like me'ones. Just put down the Rishonim. You don't just go and live with a ktanah. He says, u'k'sheyesh kal here, he says like this: Tzrichin lomar, we have to say, bal korchach, we have to say the kimu d'gam b'ktanah shayach chinuch, unless we say this chiddush, then it's not so much chinuch that's gorem the dam. Once she's shayach to chinuch, whatever level it is, or whatever she's shayach to the takanah, so even if we're not really choshesh, per se. Or I have a different question: What happens if the girl, the takanah that you're marrying her off, the takanah doesn't have chinuch? Meaning, she's a ktanah that doesn't understand. Could you come and make such a chiluk? Let's say you know that the ktanah is such a girl that she doesn't know what she's talking about. Like plug, it doesn't, right? You're telling me that it's not shayach that every ktanah has chinuch; I don't believe that. The Gemara just says a ktanah could have chinuch, so mimeila, why benji it's shayach to the takanah? Therefore it's like plug; everyone's the same, and that's all. There's a lo plug here. That's what I'm trying to get at, okay? With this, I want to tie into chiddushim l'halacha, okay? Here, you can start writing down the side the chiddushei halachos, okay? A woman who doesn't know what bi'ah is bichlal, she doesn't—she's aveises degan tzmaisich. She doesn't know what it is. She's young. Tmimah me'od, she doesn't know, okay? They plan on sending her to her husband, and he's gonna take care of the—he's gonna teach her already, okay? So we could come and say that it's not so much about the bi'ah, but it's about the marriage, like the Pischei Teshuvah brings down. Tshuvah, the tainah is, it's not the bi'ah per se. See, if it's the bi'ah, so you have to know, is she holding it in the sugya. But if it's the nisuin, that somebody's marrying her and she's excited to marry, so then it is shayach, kal nichneses l'chuppah. Okay. I saw in Das Teirah—maybe he brings, the Das Teirah could be brings it also—the Das Teirah says a meydike vort. Acharonim quote it, very interesting vort. What happens if, let's say, after the chuppah, it breaks up, something—there was a tremendous machlokes, they couldn't be together, I don't know, it took weeks, okay? Finally, they're together. Does she have to wait the seven? If it's for the nisuin, so the nisuin was. But if it's for the bi'ah, the bi'ah wasn't. That's what he wants to mechadesh, like this pischei teshuvah. Now the truth is, I want to go one step further. I don't like a case where the night of the chuppah, chvays, they were gone for weeks.

It's a weird story. I would like a better story. More separated. Let's say husband and wife were separated for a year. Now they're coming back together again. So if it has to do with the bi'ah, she has to make. If it has to do with the nisuin, she's already in nisuin. And I don't know why they don't bring this. It bothers me a little, but I hold this is more of a normal case. Huh? Not like that. Okay, but that's what I want to tie in here. So I have two chidushim. Chiddush number one. Soon I'm gonna have more chidushim. I have more chidushim coming. Where are you going? No, don't answer phone calls now. Sir, sir. Tell them I'll answer the phone calls for you. Come here. That's right, come. I'll tell them that you died. Come here. I'll tell them you died. Come. I used to do that, remember? When people call me, I pick up the phone and say, I'm sorry, he died. What, what? Yeah. You don't know that he died? Where did I get it from? Chofetz Chaim. That's how the Chofetz Chaim used to answer even his wife. Okay, I'm gonna put it away. It's such a beautiful sheet. It's not for now, okay? I don't know. I'm saying, I'm ... before. I'm saying two chidushim. The first chiddush is, if it's talui in bi'ah, if it's talui in bi'ah, so if she doesn't know bi'ah, she doesn't know what it's all about, eina chanami. So therefore it's not dam chimud. The only thing is, das yeh. If you learn lo plug, im lomdim sheze shayach lo plug, that's lo plug. You know bi'ah, you don't know bi'ah. Tanna doesn't, let's say, be either, I don't care. Lightbulb. The second chiddush is, what happens in case they're separated for a year, case they're separated for a year, and then he's tavul l'nasi, they're getting back together again. Unless, so pshat, al תנשואין, then nisuin, but al bi'ah, right, they're having it. Unless you say, does hes nachamel chasan again, maybe, I don't know. It's interesting. Maybe you could come and say when they come back together again, eino chanami, it's like כאילו they're divorced and they're married again. I don't know. It's a chiddush. The same time they divorced. The divorce for sure, it says. It says clearly. Doesn't make a difference, says clearly every time, no? Huh? And if they're not, and if there is nothing between them when they're separated, they don't have to talk. They're fighting cats and dogs. You don't know. Okay, you don't know what you're talking about. People are separated. If they're getting back together, it's tavul l'nasi, that's what it is. Come, בוא נמשיך. Now I want to tell you another nafka mina. You ready? Do you know that by the Rebbes, the chosson and kallah don't see each other. Period. See each other. Nothing, they don't see each other. No, they come maybe for a minute, they see each other. There's no— she has no idea who she's married. All right? Okay, shh, calm down, everybody, please. Let's try to function as a yeshiva, by the big Rebbes. Okay. So now the question is, is it shayach, chibud, yichud, nisuin? I don't know. Does she get excited that she's going on the chuppah? I'm not sure what's there exactly. The pashut havanah of chimud is not there. That much I could tell you. You want to stretch it to marriage. You don't even know who you're marrying, ... But if you learn ... the halachos, ... Then that's with me, let's say in bells. In bells, by the Belzer, the satmar, chimud. I don't know. I'm very big safek about it. Tishma. It doesn't know what, who you're chimud. ... Why? ... כמו שאתה מניח תפילין. ... Enjoy the shiur. This is how we learn. ... Okay. אני לא רוצה לדבר על מנהגי בעלז.

Loich patli. אני רק רוצה שתבינו את הדם חימוד. היסוד שלי זה, how do I say, to poke, to poke. איך אומרים זה? לפתוח. מה זה דם חימוד? I'm giving you examples. By the way, the Badei HaShulchan speaks about the Rebbe case. It's a nice case, okay? It's a nice ha'arah. He discusses there is chimud there, because it's the nesuin. What does he say? I don't remember exactly. Okay, so that's what I'm saying. Again, you're trying, everybody's trying to figure out what do you call dam chimud, okay? Now, what happens if she's going to the chasan and she's very unhappy? She's very unhappy. Can you just help me out with something? It depends what it is. I don't really understand what this sugya is talking about. What's this case? She goes to the chasan, you're two months before the chasan... I'm going to talk about that also. Because whenever he's talking about a case of chasan, before... I'm going to talk about it. It's exactly what I'm going to talk about. We're going to talk about it. Otherwise, the case of Rebbe is saying, no, she waits seven days... Quiet. Now, a woman who's maskim to shidduch and she's not happy, not happy. She said, you know what, it's my bashert, the shidduch, I'm going into it. A lot of women are like that. Or her father said, you're getting married, and be quiet. And be quiet. It happens all the time. Huh? All the stories, no? So I want to know if that's also a shaychus to the sugya of chimud. Now, l'maskana, what I believe about all this... These are very dakusdike chilukim, like this, like that. You know, it's very hard to say I'm one way over the other. It's a dakusdike, can, lo, can, lo. Bichlal, I want to discuss what Elon said. What's the case? It's really not negea b'zman hazeh, because the tavu li nosei by us is not a week before the chasan. So anyway it's not negea; it's the psula. It's really irrelevant, because by us the tavu li nosei starts, I guess, by the months before, a month, at least something, right? What's called tavu li nosei? I don't know. Does tavu li nosei means we're going to get married? That's what it means? Or tavu li nosei means that it's coming close to the shidduch, like... Yeah, but you see the sugya is anyway that way, because she anyway needs zayin nekiyim because she was a niddah. The question: what's going to cause that besides shivah nekiyim, that she's taka naki and still she needs shivah nekiyim? So what's the story? By us it's k'mat not negea, because anyway months before she was told, unless that's not called tavu li nosei. Maybe our tavu li nosei means the time is coming, because since the chimud is to the zman of the bi'ah or the nisuin, so I want to tayn that maybe tavu li nosei doesn't mean... because I'll tell you an interesting lashon: Tavuha. Who was toveh? Tavuha. Tavuha. She was offered, not offered. Tavu means she was— no, tavu means tevi'ah. Now, the word tevia is a little different. What is the word tevia? She was summoned. She was summoned, tavuha l'nasi. It's a different lashon. It wasn't asked. Claimed. Claimed. Tevia. She was summoned to get married. What does it mean? Relax, okay? I want to להבין, what do you mean, tavu l'nasi? What does it mean? Does it mean, I love you, come to get married? Is that what it means? If that's what it means, it's not negea. This whole siman is not nogea b'zman hazeh. Not nogea. The whole thing is not nogea b'zman hazeh. What could be nogea is maybe we're not understanding tavu l'nasi properly. Tavu l'nasi could mean, as a matter of fact, it's גראַדע the Rosh brings down, that the more the time goes on, the more the chimud goes on. So it could be that tavu l'nasi means that they're telling her, by the way, you have a week to get married. She's being summoned that in a week there's going to be a chasunah. It doesn't have to mean she was asked, Please, let's go get married. Yeah, but I understand that, but the tevia sheboi is setting a date. What? Yeah. Right. Yeah, because—

She agreed to the date. She agreed to the date. I hold it has nothing to do with, I want to marry you. I'm claring a shayla lahalacha. For some reason you're not writing today. I don't know why you're not writing today. What, it's Yom HaDepagra? What, it's Thursday? What's the problem today? You understand how I'm learning with you? Which sefer asks this question? And why shouldn't they ask this question? And a better question: everybody writes pages; it's not nogeia. The whole thing is not nogeia. So you want to, you know, let's go from siman to siman. This is not nogeia. Okay, not nogeia is ma'aleh zeh. Not, not nogeia is ma'aleh zeh. Teshuva, not— that's what they say. Teshuva is not nogeia; it's not in Shulchan Aruch. I don't understand. Is it nogeia l'choira? It's not nogeia. So that's the truth. We should learn it. I don't know if it's so pashut it's not nogeia. I don't know. The way the Rosh explains that as the time gets closer, there's more chibur, and the chash becomes even more, and he clarifies with bedikos. He has a whole shayla if you should make bedikos if it's the closer you get. It's a whole sugya about it. Okay, now, with this, I want to clarify another shayla. Notice that the Mechaber talks about a gadol and a katan, not a zaken that's mesulekes damim. What about a zaken that's mesulekes damim? It doesn't say. I don't know. Maybe the Acharonim talk about it. I don't know. I didn't see it. Where? Who talks about it? Baal HaShulchan doesn't count. I'm talking about the Acharonim. Baal HaShulchan—like I ask, what's the story with the zaken? I don't know. It doesn't say it anywhere. I don't. Shulchan Aruch doesn't say. So it's a good ha'ara. Milchaira, if you learn taanis is mesulekes damim, so the pshat is, what, in every mesulekes dam... I know, but it's interesting lashon: taanah v'lo katuv skenah. So let me ask you different. What happens if you have a shidduch between a... like a ketanah, maybe yeah, maybe not, I don't know, it doesn't say. I have a difference. Yeah, what does it say, piskei teshuva, yeah? Yeah, what does it say, piskei teshuva? Because that's within the nisuin, no? Yeah. Because who הדין in ketanah, but the kashya is why doesn't it say it? It's a me'oredike ha'ara, why doesn't it say it? Let me tell you something. Rafi, what do you ta'ina like this: what happens if you have marriage from comfort, a zakin and a zkeinah. They're just there to keep each other company. Does she have to be shivah nekiyim? I don't know, it's a good ha'ara. I was thinking of that. If you learn that it's the chumra... but if you learn that there's a special takanah in every nisuin, kallah nichneses l'chuppah, so that's it. She'll have to be yosheves shivah nekiyim, huh? Which part don't you understand? I don't understand that nisuin part. It's the chumra sheboi, that's what makes... What would make her... So what is she mechamed for? She's mechamed for nisuin, that she wants to... It's an inyan of married, excited. It's a big thing. I don't know, I'm clarifying. That's a nice ha'ara. I mean, again, a, zkeinah is mesulekes damim, and I'm giving you a case where there's no chumra. B'chalal, they get married. I don't want to say there was a yeshiva who's 92 years old who got married last year. Ninety-two years old, he got married. Under the chuppah, there was wheelchairs. Only wheelchair was accessible. I don't know, it's a handicap section, you know. ... Yeah, but that's ... So what? ... is good. ... I'm saying, but the ... where you know that there's ... So she might have the ... So then, ... I want to talk about that. I want to— Reb Shmuel Rozovsky's wife married him on his deathbed. Let's say you have a shidduch on a deathbed. Reb Shmuel Rozovsky started chataning to her, the first wife. He was ... Reb Shmuel Rozovsky was ... and then he married somebody else and she died. And on his deathbed, when he had his cancer here in Boston, she, the first wife— she was Reb Tzvi Pesach Frank's daughter— came to Boston. She met אותו, והם חשבו שזה יותר, הם התחתנו. התחתנו בחדר שמה. The first wife, yeah.

So I'm asking, so does she have the right to kotshim, or does she have to wait shivah nekiyim? Halacha l'maaseh, it's a very nice ha'ara. I hope it's a beautiful ha'ara, where there's not shayach chumra and it's only an arranged marriage, so to speak. Maybe there's no dam chimud, I don't know. Okay. The Be'er Hagolah, the Be'er Hagolah brings down, the Be'er Hagolah brings down that she has to sit shivah nekiyim, zogt er, keshitas haTur. What does he mean? If there's no bedikah, it's only shivah nekiyim. You have the Be'er Hagolah, rabosai? Huh? I can't hear, what? There's nothing, it's just shivah nekiyim. I'm telling you, it's just shivah nekiyim. I understand, but I'm talking about there's no bedikah at that moment. You don't have to be mafsik b'taharah. Okay, rabosai, let's try. Let's try to be normal. Normal is not to call out and yell. There's no, I mean, it's farteshe. It's geshmak, I understand, there is geshmak, probably. Instead, okay, so he brings down, shitas haTur, no bedikah, meaning no hefsek taharah. Okay. Goes maimines. Brings down. That if you mamish make a bedikah takef miyad, it would help you. Get married? Yeah, you get married. Let me go run make a bedikah. I don't know the hava teikef miyad would work out, but the Chavos Daas brings down such a shita, that if let's say teikef miyad there was a bedikah, you don't need the shivah nekiyim. But you checked, there's nothing there. The Beis Yosef brings this shita down. The Beis Yosef says it's not true. You have to make a bedikah. You have to sit shivah nekiyim. Doesn't help. Okay. Chavas Daas, Pischei Teshuvah brings it down. Chavas Daas says if there's a moich, then it would help. Ein hachanami. In other words, a bedikah, that second, ein kazeh davar. Moich, that's there. If the moich is clean, you don't need shivah nekiyim. Shevet HaLevi asks a me'iri kasha, and he says, I thought the Chavas Daas paskens in kuf tzadi gimmel, se'if katan ches, hayom ein lanu the moich that the way they used to do it. We don't know how to do it the way they used to do it. The moich hame'ulah, the real brisker Yerushalmi moich, we don't have that today. We have the watered down, you know, in Queens, you know, whatever. Okay, we don't do it the way, the chumras. So meila, he says he doesn't understand how the Chavas Daas over here is somech on the moich. All right, this is yeh moich, nish moich, yeh bedikah, nish bedikah. Okay. Lemaaseh, Shulchan Aruch is gepaskened no bedikah. There's not one word of a bedikah. It's mashma that's the rule: shivah nekiyim. What's the machlokes? The Shulchan Aruch says, shivah nekiyim. Doesn't mention one word about making bedikah. During the zayin nekiyim, he talks about a bedikah. There's no hefsek taharah. Tzrichah shivah nekiyim. That's what it says, right? Comes along that guy, and he says, by the way, A, you can make a hefsek taharah, and then you wouldn't even need the shivah nekiyim. You can make a quick bedikah, and then you wouldn't need shivah nekiyim. Comes along the Chayei Yosef, and he says, Ash, nishtames. Nothing. So either he means because it's not shayach with a bedikah. You're not going to be able to, with the bedikah. It's not going to help. Oh, says the Chinami, the Chavas Daas is right, with a moicha would help you. And the Shevet Halevi is right, because the moicha is not the regular moicha that Chazal talked about. Okay. I want to tie in that the machlokes here is something completely different. The Tur is saying you don't need a hefsek taharah. Correct. The Beis Yosef is saying that a bedikah wouldn't even help you. You know why? Because it's a takanah of shivah nekiyim. That's what it is. It has nothing to do with dam. The sugya is not that she saw dam. That's not the sugya. We don't care if you saw dam. Tzrichah shivah nekiyim.

It has nothing to do with. So you don't need to have sektaira, because we don't think that you're tamei. We never thought for one minute that mayana pasuach — that's not the sugya. According to the shita that we're choshesh for a dam nidah also, yeah, and a chanami. But if you learn that the pshat is that it's tamei, zavah nishtava, so then you need to have sektaira and everything, because you're stam tamei. But according to the shita that learns that b'emes it's only derabbanan, which is how we pasken, it's only midrabbanan, that's how we pasken. So what is a derabbanan? That you need chivun hakim. So you don't need to have sektaira. What do you need to have sektaira for? What's the point? And what's the point of making the havsektaira? It doesn't help you anything. What are you going to check? There's no dam there. We don't care. Because that was the Chacham, Kallah nichneses lchuppah needs shivah nekiyim. Kallah nichneses lchuppah needs shivah nekiyim. Hesped? The hesped is gefaldik. I just told you, kavei shmaya gava. If a woman did not have dam chimud, is she still tamei? Yes, she is. Because there are women that do have dam chimud. So the Chacham said, kallah nichneses lchuppah needs shivah nekiyim. That's the end of the story. So you don't have to go and check for the bedikah. That's not the point. You don't need it. What's the bedikah? That she saw dam? We don't care if you saw dam. It's irrelevant. Oh, I owe the bedikah. Can we talk about that? So you know I'm going to explain that, so wait. Wait, I'll explain to you. So first we got through the bedikah, the shivah nekiyim without a havsektaira. What is that all about? Why does the Beis Yosef say it doesn't help? What, because you can't make a bedikah? You can make a bedikah. It helps for a havsektaira, so it should help, no? Don't tell me the Beis Yosef holds that hefsed ta'aroves doesn't work, that I'm not mekabelah. You know that I'm not mekabelah, right? I mean, if a hefsed ta'aroves works for a regular mochsik nida, so on a dam chimud, if you make a bedikah, not good enough. You need the chavis daas moich. What are you talking? Leave me alone. The pshat is, rabosai, there's no point in the bedikah, because it's not about you seeing dam. It was a takanah that you need shivah nekiyim. Okay. Pshat. Okay, I just want to go through the Shach paskens that you do need to have hefsed ta'aroves. You saw the Shach says you should make a hefsed ta'aroves. This is the machlokes. Okay, now. So then what's ta'am pshat in the bedikos? How many bedikos are you making? Afilu bodkah atzmah b'shas tefiach, ohahorah. Doesn't work? Of course it works. I mean, she was bodek. She's tehorah. Still she needs shivah nekiyim. So what's the pshat? Pshat: how many bedikos are you going to make? Let's see how many bedikos you're going to make. Mi hu tzrichah bedikah? Toich zayin. Does anybody know what the word toich zayin means? How many? One. One. Translation, the mechaber is one. Period. Oh yeah? There is no first. One. It says toich zayin. Whatever it is, but it says one. The point, it doesn't have to be every day. Would it say two? No, it just says, tzricha b'dikah, tzricha b'dikah, which means one, b'dikah, tal yud zayin, one within the seven days, one in the entire seven days. Notice that it doesn't have to be on day one, and notice that it doesn't have to be on day seven. A regular nidah needs on day one, and a regular nidah needs on day seven, and if they're not, there's nothing. So this is tal yud zayin. Then the Rama comes, kol yom l'chatchilah. Okay, so he talks about kol yom, okay? And the Gra's ma'ayni says that you have to make it twice. Kol yom of the Rama, according to the Gra's ma'ayni, is kol yom pamayim. But af al pi, in other words, l'chatchilah though. So either he means l'chatchilah because it's anyway always l'chatchilah, meaning a regular nidah yotzei without every day either.

So the lechatchila is mashma that it's a chumra d'halacha. By regular nida, it's not a chumra d'halacha to make bedikos every day. It's not me'akev b'di'eved, but to call that lechatchila is a bitl shver. What's the hesber? The hesber is gevaldik. B'emes, this is not about a sugya of nida. It's not a nida. Dam chimud is not midrabbanan, dam nida. That's not what it is. It's one of two things. It's either a takanah that shivah nekiyim. So the whole reason to make a bedikah is not to check that there's no dam, but to give the seven days, Hashem, that it's naki. You're not really caring about her if she's clean, that's not because she's anyway clean; we don't care about her. But since there was a takanah of shivah nekiyim, in order to establish shivah nekiyim, any time toch zayin you make a bedikah, so I have seven clean days. It's not so much to establish her, but it's to establish shivah nekiyim. The Rama, the Rama is saying that b'emes it's a nida not min haTorah, not midrabbanan, but meaning not midrabbanan not be'etzem, but also lo plug. People are going to make a mistake between dam chimud and dam nida, so meileh they gave them lechatchila all the gedarim of dam nida. So you have to check every day. If the taich is that there's no dam here, she's a nida without dam, so there's no point to make a bedikah every day. So the whole thing is the shivah nekiyim, that in the seven days it was clean. So if you check once in the seven days, clean. Hashe'ein kein, if the shitas haDam chimud is close to dam nidah, so the Rabbanan gave it a din nidah. So mid'Rabbanan, so therefore there's a gezeirah l'chatchilah, because the Rabbanan didn't make it mamash a nidah. Rabbanan said it's domeh to, so therefore l'chatchilah make, and a goy is maimis, twice a day make the bedikos. But according to the Mechaber, there's nothing to make bedikos about. Okay. When should she make the toch zayin? When should she make the bedikah? Bayom, balaylah, baboker, baerev, halachah l'maaseh. Is there any time that it's the right time to make it? A hundred percent, I hold no. I hold it has nothing to do with bedikos of boker and erev. I'm saying a meridike vort. Toch zayin, when? So the Mechaber not only tells me one ilan. What does the Mechaber tell me? Whenever you want. What is that all about? You know why you need a bedikah b'boiker, b'boiker is to make the whole day, and b'erev is for the whole night. We spoke about this, right? That's if you need every day, mitzad the day. You need Yom Sheini, as kedei sheyehei Yom Sheini as boiker v'erev. But if in the shivah nekiyim, it's not shivah yamim shel nekiyim, but it's the zman of shivah that they gave you a takanah that you seven days, so there is no such thing as boiker and erev. Boiker and erev is not nogea to anything. What's it nogea to? In the shivah nekiyim there's no boiker and erev. It's any time during the shivah. Rafael, where are you? Why does the— Why, what? Miu what? Miu trichah? Bedikah. You mean that it's more than one, you mean? It's only not goys maimin, it's only one.

Goys mami says two. Pashut says one. One. It's only one. One. One. Toich bedikah achas, it's one. One bedikah. Goys mami, it's a chiddush, two. Goys mami learns every day two. Yeah. In the Rama, l'chatchilah kol yom, and it's twice a day. Either it's dam chimud, which is domeh to dam nidah, and they gave her ki'ilu she's a nidah. So l'chatchilah she has to keep all the yamim, and it's like a regular halachah. Or the pshat is she's not a nidah, but they gave her the din of shivah nekiyim. She has to sit seven clean days. So it's not the yom every day; it's a zman of seven clean days. So once you have in the seven, just like to have the day, you have to do it every minute of the day. ... lo, pam achas b'toch hayom, yesh lecha et hayom. So b'toch, you have it. In the seven clean days, you have it. Once. That's it. All you need is once. Okay. And you don't need the yom rishon, yom sheini. Okay. L'maaseh, it doesn't say skein. Like we said, why not? So we try to ta'ina that maybe it's like taanah, yeah? That just like taanah is a mesulekes damim, and it's nichlal, so skein is also nichlal. And that's what the poskim say, that l'choirah it's going on what's called two. All we could say, that a ketanah, a ktanah is a mesulekes dam. But it's still shayach to dam chimud. She could see. Skenah, maybe she doesn't see takah. A skenah maybe doesn't see dam chimud. If you learn that the chimud is teviah, she could come and say a ktanah has that. If she's old enough to understand, but she has it. A skenah, this is not there. The whole metzius is not there. I want to taina a chiddush. What happens if you have a skenah that never had biah? She never had it. She never married. If a skenah was never married, so then it's like a ktanah. She mesulekes dam, could be there's chimud. And a chanami, unless, like we said, that could be it's a takanah. So whether or not you have chimud, whether you don't have chimud, doesn't make a difference. It's a takanah. Let's learn now the lashon of the Shulchan Aruch: Shemo machmas chimud rosa tipas dam kechardal, v'lo hirgisha bo. What's the hirgisha bo? What do you mean, v'lo hirgisha, the hargashah? That's what you mean? That's what you're afraid of, hargashah? Hirgisha bo? Well, you just don't have the Hergesh of the tipas dam. What is he referring to? Rasa tipas dam kechardal, v'lo hirgisha. Normally, when the Shulchan Aruch talks about the hargasha, it talks about v'lo hirgisha, not v'lo hirgisha boi. Go look it up. The lashon of the Shulchan Aruch is always lo hirgisha on the dam. Going back on the dam. I hold it's going back on the dam. I'll tell you what I mean. I'll tell you what I mean. Ken zayin dam chimud, if it's not dam niddah, doesn't come by hargasha at all. Dam chimud doesn't come by hargasha. Now again, I don't know why. I don't know why. If you learn that it's a safek with the dam niddah, avada there would be hargasha. The hainu ma nafka mina would be, why don't we say safek d'oraisa l'chumra? Because maybe it's niddah, maybe there was hargasha.

Maybe. Maybe. Ken, maybe. Yeah, I'm a pashut shayla. According to this shita, we learn that there's a dam nidah, so why don't we see a safek? Maybe it's a safek. It's a safek if it was nidah. If it was a safek, it got lost like a safek. What the pshat is, the dam chimud doesn't come back. But it's shayach to have dam nidah together with dam chimud. The what? No. V'lo hirgisha bo doesn't mean she didn't have hargashah. The hirgishah is the dam. Lo sama lev ladam. It's not the hargashah. He doesn't mean hargashah. The nekudah was never hargashah. The nekudah is dam chimud. I want to ta'ina that what's the machlokes if dam chimud is aser min haTorah or not? Why not? What's the difference? One shitah of Rishonim is that it's aser min haTorah. The other shitah of Rishonim is only midrabbanan. But it's a special chiddush. Mi'ut. What's the mi'ut of dam chimud? How do you learn? Why is it—huh? Why should it be that way? You asked it, you asked it, yes. Why should it be that way? Why should dam chimud not be min haTorah? Why not? So if you learn that the dam is a different type of dam completely, okay, so it's not dam nidus, it's dam chimud. But if it comes from the rechem, lama lo yehei aser min haTorah? That's what I'm answering. That's exactly what I'm answering. Could be dam chimud cannot come b'hargasha. Yeah, but the Rishonim learn it's min haTorah, no? The Rashba learns, the Rishonim learn it's min haTorah. Why is it asur min haTorah? For what reason? Torah says it's niddah. So what's the other shita that wants it's not niddah? What, because the dam is different? Maybe that's what I was clarifying. Is the dam different? Maybe it's different dam. Maybe it's not called niddah dam. O dilma the pshat is it never comes b'hargasha. So the v'lo hirgisha bo is going to be she wasn't not margish; she was margish that she had this dam that came out. But there's no sugya of hargasha by dam chimud. I'm clarifying, okay. She doesn't say it's d'oraisa, so why would they say it's d'oraisa? Because they hold it does come b'hargasha. They hold it's regular dam niddah. They hold it's regular dam niddah. I mean, it has to be. V'eina tzricha hefsek taharah. She doesn't need a hefsek taharah. Why does he repeat it? What does he repeat it for? What does he—vas vil der mach? He just says, eina tzricha hefsek taharah. What does he want? It's a whole shtickel Torah. Again, she didn't make bedikah, so—eina tzricha hefsek taharah. So finished, that's the end of the story. You don't need a hefsek taharah. Nothing, you don't need a hefsek taharah, that's all. You need shivah nekiyim; you don't need a hefsek taharah. How do you say a modim convert to the mechab? You know what the mechab is saying? What makes—what's the point of a hefsek taharah? Either a hefsek taharah is chashash dam, and you need mayona sagur, right? Another reason to have a hefsek taharah is to be kovea shiva nekiyim. How do you have shiva? You start clean, so then... And that's what I was telling you before. There's one din bedikah to make the shiva nekiyim, and there's one din bedikah al tz mayona sagur that she's not bleeding. And one is to make sure she's not bleeding. So I would say like this: v'eina tzricha hefsek taharah, zogt the Rashba—they all bring down the Rashba, right?—because it's mayona sagur, she's not bleeding. So then what's the pshat in the mechaber? Af al pi shelo badka b'yom hatvilah after taharah, it's still shayach mei'ein machar zayin nekiyim. Chiddush that it's still shayach the zayin nekiyim after that. He likes it. The fall likes it. Why? That was the takanah.

The takanah was that she needs shivah nekiyim. No, not with the mayon ha-sagur. With the mayon ha-sagur, shivah nekiyim doesn't have to start with that, as long as it's not. You check once. Here, tell me something: a mashgiach has to check every minute? Does a mashgiach have to check every minute? Or if he shows up one time and he sees everything is okay? Huh? It depends which restaurant. I'm talking about from the kashrus of, what's his name, PRC, BRC, not kashrus, you know. ... אני מייסר יהודים, אני עושה יסורים ליהודים. ... רבותי, זה דם חימוד. דם, הדם חימוד. There's two things for the hefsek. The hefsek is to make from mayon ha-sagur. So, the Rashba here, it's not negeiah. But what about to be kovea the shivah nekiyim? Of them, zogt the Mechaber, אין צריך הפסק טהרה. ואף על פי שלא בדקה ביום התביעה, ... ומיהו צריכה בדיקה. And that's the mihu. The mihu is at least תוך זיין. For the זיין נקיים, you would need תוך זיין. Zogt the Rema, כל יום לכתחילה. מיהו בדיעבד לא בעינן ... תוך זיין סגי. Okay, we'll stop here. Okay? Watcher, what?