Hilchos Vestos: When Must a Husband Ask? Chazkas Taharah, Onah Beinis, and Bedikah

Transcript

Isha. Vestes l'yam. Does anybody want to translate vestes l'yamim for me? Oh, really? You're high? I thought yamim is day. Isha sheyesh lah veset l'yamim. Tell me, did you see a Bach? Did you see the Bach's different type of vest? The days, the first of the month, the second of the month. All right. So just ayin Bach that they discuss, what exactly do you mean by veset hayamim? She has a vest l'yamim. Let me ask you another question. What happens if she has a vest that she doesn't see till 14? After 14, she could see any time. This is halacha, u'siman. What's the—Reb Elyahu calls veset... Not everybody calls it that, but in the Green Book they call it that, right? Reb Elyahu in the sefer, the Kitzur Taharah, calls it veset chatzi. Chatzi veset. Ashkenazi books, we don't call it. Whatever, it's not called that. What's the difference? It's a different name for the same issue. Certain women, she's till 14 she's not going to see, but from 14 and on she could always see. What do we call veset yom? Okay, so I want you to do your homework during second seder, okay? And I want you to see the Bach. What is called veset yom, all right? And does it also apply to a woman who doesn't have a specific day, but she has till when definitely not and from when could always be? Is that all called veset hayom? All right. Bekitzur, sheyesh lah veset leyamim levad, alone. What do you mean, lefukei what? Guf in yom. Correct. Why? Tali b'ma'aseh. So what? Tell me. I can't listen. Tell me. I know, I don't know what it means. So the answer is, we're talking about a case where it's a veset hayamim without the guf. What's the difference? Maybe what? For some reason, but we don't know if she did that ma'aseh, so this halacha doesn't apply. So far I'm just reading. I'm not doing—some yisurim, all this, right? What? Okay. So again, in the meantime, let's read, and then you'll see how everything is mechubar keshurah. Nice. It's a nice, just beautiful—it's a beautiful din by that. Tolin sfeikot. It's an interesting halacha. Okay, so again, isha. Good, so you ask why it's the isha. All right. Yesh lah... Veset liyam. What's called a veset liyam? She has specific days. Is it yom hachodesh, yom hashavua? The Bach wants to make it into a yom hashavua. No, the Bach wants to do that. It has to be yom hashavua. Ayin Bach means one month it was Sunday, the next month it was Monday, then it was Tuesday, and then it turned again Sunday, and then it turned the next Monday, and then again Sunday. The kitzur, those three Sundays, all right? Ayin Bach, you see over there, okay? The kitzur, levad, lefukei. What does the word levad come to tell me? That it's only veset yamim instead of veset haguf, which means that she did something that caused her to have dam. That's not because meichteses, like Rashi says, meichteses, she did it. Bishleima the veset, teises, supposed to come, oirech bizmana ba. Here, meicha teise. All right. Vegiya shaas vesta, asur lavo aleha ad sheyish'alena. He's asur to be bo'el on her till he asks. Now, lavo aleha means also the side things, the divrei ritzui, all these things also. It says lavo aleha. Ad sheyish'alena what?

What are you asking her exactly? Are you asking if she's tahorah? Are you asking if she's going to the mikvah? I'll give you a third example. You know what you could be asking her? Vest came. Maybe ask her if she did her bedikah on the day of vest. How about that? You saw this anyway? So why not? So you didn't learn this? Oh, because you told me you didn't learn it. That's what you're telling me. Maybe. Maybe. Are we asking her if she saw her dam? Are we asking maybe she saw her dam and she went to the mikvah? Are we asking that maybe she did her bedikah and it was clean? What are we asking? It's not clear. It's not clear. You see, these are all not clear things. Yes. What's the tachlis? What do you want? To know if you can write the...? The only thing is that you... You want me to explain a little more, you're saying? Okay, I can explain a little more. A woman knows if she's not bleeding. A woman knows. You hear? A woman knows she's going to mikvah maybe if she is bleeding. I don't know if all women know that they have to make a bedikah on the Yom HaVest. Every woman knows that? You'll be surprised how many hundreds of women never learned halachos. Their husbands are mamash gedolim, and they don't know the difference. Right? And who says not? Okay, just to show you that I'm not off track, I believe in Taharas Habayis, he speaks it out clearly on the condition that you know she's a baalas halacha, that she knows that there's such a thing called a bedikah on the Yom HaVest. But if you don't know, she knows what she's talking about, then not... You better find out she did what she's supposed to do. That's right. That's right. That's right. Maybe, maybe, maybe it's all about what? Maybe it's all about how much could you trust her. Maybe she can come and say, I'm clean. She says, I did the halacha. So does she know? Who keeps a calendar? We spoke about this. It's the husband, the wife, whose responsibility? This is all in here in this halacha. Now, v'im ein lah. Yeah. Why does it say, v'higia? V'higia. ... What is v'higia? ... Just wanted to say that. Same. Sheelah: v'im ein lah veses. What happens if she does have a veses? Yom shloshim l're'iyasa havei k'higia sha'as vestah, which means einah beinus. Do you know the shitas Rishonim that holds there's einah beinus even when there's a veses kavua? Do you know of such a thing? If you look at kuf pei hei, you'll find out that there is a shitas Rishonim like that, you know, that there's an einah beinus even when there's a veses, meaning if the veses kavua didn't show up. Let's say her veses kavua is 28, and then it pissed, so she has to worry now for the einah. It has nothing to do with this halacha. In other words, it's mashma that only, v'higia sha'as vestah, ... ein lah veses, yom... She does have a vest, but if she has a vest and it's over on vest, mashma, you don't have to do it. It's a pashut because we don't pasken of the oina bainus. We don't hold of oina bainus. The dilma of Shabbos is that even if you hold of oina bainus, you still don't have to what? You still don't have to worry. Chazal, they talk about the chenim, the chen, the greatsa poiskim, the big poiskim discuss what I just discussed. Okay. Again, but I just want to get just the text, and then we'll get into lomdus a little bit. Bimshasa acha vest shiur shetizkor, ba'aleha, v'ein tzarich lish'ol. You could be bo'el her and you don't have to ask. Says the ... ba'aleha v'ein tzarich lish'ol, mefurash b'Gemara. This is where it all begins. This Gemara that Taz brings is the whole sugya. It's right here in this line of the Gemara. Afilu isha—now who wants to read the next word? Does anybody want to be courageous and read the next word? What'd you say? What does yalda mean? A child.

Maybe. What? Maybe. Boshes is not a Gemara. That's a Tos. Why would you... Boshes is Rashi. The Gemara just says, b'ziza. Who wants to read the Gemara inside? B'ziza. Avram, Avram. Read the Gemara. Go ahead. He made this deal. Very good. He's a lamdan. See? He belongs here. He belongs in yeshiva. Is it yalda, milashon yalda, child, or is it milashon yoledes? I don't know. It's a good question. But that's what it is. There's machlokes Rishonim of how you read it. Either you read it yoledes, yelda, or yalda. Yalda. That is yalda. It's yalda. Is it with a kamatz or a patach? So let's see how the Tos reads it. The busha, litbei me'atzma. Now what does me'atzma mean? Me'atzma means that she's embarrassed by herself because she just started seeing, I guess, dam nidahs. Why? Why is she embarrassed? She's a mikveh lady. What is she embarrassed about? I'm trying to... I don't know. But whatever it is, there's some busha involved there. I was thinking about it. I'm not 100% sure what the busha is. The busha that she has nidah, that she has periods. I'm not sure what exactly, or she's a child, she's busha to be... I don't know what the story is. It's not embarrassing anymore. That's a Rashi. The Rashi learns it has to do with tznia. Cold, she's pashut, she's afraid, she's cold, she's sick. Tosafos, the achar, I mean, tam, it's a whole different... But al kol panim, the Taz goes with Rashi's shita. The busha lipa mi'atzmo, gur oid, d'vadai ra'asa, asurah. So this is all by we don't know. But if it's vadai ra'asa, asurah ad sheyishaleha. You don't know she was tamei when you left. So when you come back, you can't come and say, Ah, ah, ah, you better find out. Now he doesn't say what the chiluk is. It's not clear in the Taz what the chiluk, what's the difference of safek, vadai. Lo katuv, doesn't say. So let's see the Shach. Okay. Tzarich l'hamtin, we did this, v'higi'a shaas vesta, lamed. Aval kodem shaas vesta, but before shaas vesta, v'chein b'ein lo veset, sheyesh לה veset, קודם שלושים, ein tzarich sheyishaleha. She doesn't have to ask her. So two cases: aval קודם shaas vesta, v'chein b'ein lo veset, and it's קודם שלושים, because if ein lo veset then you have a... So קודם שלושים is k'ein lo veset, ein tzarich sheyishaleha, you don't have to ask. What is the chidush? What is the chidush? What about the teveshei dekavua? I don't know, is it? Ein tzorech, aval kodem sheas vestah. It has not new kavua. That's when she has a vest and it's before. Or, b'ein lah vest. You mean kavua or ein lah vest, period? I know, I know, I know, I know. So we have to figure this to the Shach. I'm not sure what this Shach. This Shach might be even telling me the dinim of ein lah vest kavua. Maybe he's talking about a special case that ein lah vest, klali, you make a lo, lo, the... I think l'pachot they're not going to go to the... Freeze me, freeze me. Adam yehudi shelomed Torah, היה צריך להתחמם עד כדי כך שהוא פשוט מזיע. היו ימים שכשאמרתי השיעור הייתי מזיע, אני זוכר. פן. Remember the fan? Or שההתמדה...

Da, o shachul sheyada. Aval panim, hayah tzarich lihyot. Zeh tzniut ad shemazgin. Okay, al kol panim, you hear? So this is a little bit not clear here, the shachaleh, shachaleh, shach, kama shurot, aval chado. Okay. Ve'ein tzarich, let's see the next one. Ve'ein tzarich lish'ol, ve'ein hi me'ora, yesheinah, bein tana, bein doyleh, vadai. Okay. Kasav haTosafos, gam yeshanah, arah tehorah, nidah, as... okay. Aval yeshanah legamrei, he could להיכנס לנידה... okay, but the shach is always busy. The shach is always busy. Make sure that whenever you're sleeping, it's not really sleeping. Okay, good. Nice. Yeah, we spoke about that. Now let's get to the Gemara, yeah? So the Gemara says that even a either a yalda or a yoledes, a yoledes, that she gave birth. Rashi, we just said, like the Taz learns that what? Yalda. Rachmana beinu Ta learns it's yoledes. Okay. What happens if she comes and she shows signs that she's tehorah, right? You talk about a case that he comes to her and he doesn't ask her. What happens if she comes to him? What happens if she comes and she lays next to him? So the Pischei Teshuvah brings two de'os, right? Let's do the Pischei Teshuvah inside. I believe it has something to do with this Shach, by the way. The Shach talks about that she's awake enough that she can come and tell him that she's tehorah, right? No, she's not. I'm telling you, I'm telling you. No, he's saying like this: I'm sorry, that she's not enough. Now, what happens if she is enough, and she doesn't tell him that I'm tamei? It seems like it's the word that changes. No, yeah, it says like this: V'ein, sorry, you don't have to ask her. He says, V'katzvatois, the lo ligamri yeshanah. Now, when the Gemara says bein himi orah yeshanah, it doesn't mean mamash yeshanah, but it means that she's yeshanah enough that she can't tell him. What happens if she's up? So let's say you're not asking her. What about the fact that she's not saying? Pischi teshuvah is not to do with—pischi teshuvah is something else. I'm going one step before the Pischi Teshuvah. Let me ask you a pashut question. You're married to a religious girl, yeah? You come over to her, and you're not asking; you're living with her. So who says it has to do with cheskas taharah? Ilana, could you listen to my question, because it's a tremendously good question. Horav, Ilana, tishma, ani sho'el chasheilah shelo tishma mishum makom acher. Lamah tehei beglas haTorah yoshev po. You married to a religious girl, right? You're coming to her, so we're saying that you don't have to ask her because she's what we'll soon learn, quote unquote, b'chezkas taharah. What about the fact that she doesn't tell you she's tamei? Maybe that itself is the proof. Of course she is. She's a good girl. Tell me, normally you trust her on niddah? Yeah, vadai, you trust her on everything. Otherwise there's nothing what to talk. So how do you know, ilan, that it has to do with chazkas taharah? Maybe it has to do with the way she responds. Now one step further is the pischei teshuvah. What happens if she comes to you? D'hainu? To me, I don't know. To the extent that I don't even know why the Pischei Teshuvah has to go so far. You don't even need it. You go one step even better. Forget about she coming to you. Even if she didn't come to you, the fact that you come to her and she doesn't say I'm tamei, that itself should be good. That itself should be good. I know. That's what I'm telling you. In the Shach, that she's up, bein ara bein yeshanah. Yeshanah means she can't answer. Arah means she could answer. So how do you know it has to do with that halachah of what? Chazkas taharah. Maybe it has to do with the fact that she's...

No, you should say, ... that she's tahorah. But that's when she's sleeping. But what if she's not sleeping? Once when she's sleeping, it's not. She's sleeping and not sleeping. Maybe, maybe the fact that she doesn't make a difference, so what would be the chazakah? The chazakah would be bein yeshanah. Maybe he's going to learn that the ikar chiddush is bein yeshanah, but the bein narah means just to get to bein yeshanah, because arav, of course, she's kosher, mutar. She's insane. You go with your ... What are you doing? We're not talking about no two different things. Walk over to ... This is ... this is the end of ... In this halachah, the ein tzarich lishol. But im sha'atah, that's one thing. U'me'ach sheishah, that's before that. That's two different cases. Two different cases. Im sha'atah achar ... va'ein tzarich lishol. So I'm asking you, what's the story? Is she saying she went to the mikveh? She said she's tahorah? I mean, if she's letting you do it, that means she's telling you, I'm tahorah. What else is she telling you? Right, so I'm asking you a kashya. If you're going to learn the meforshim, we're going to soon see it has to do with the chazkas taharah. It has to do because she's b'chezkas taharah. I'm asking you, forget about chazkas taharah. The mere fact that she says yes, she's letting it happen, that's another way of saying mefurash, eidus, שאני טהורה. So what do you want? Bishlama, ein tzarich lishol, if she's sleeping. So what happens if she's awake? What happens if she's awake and you come over to her and she's not saying anything? So that itself is a riot, though. That's another way of saying tahorah. You know, we're soon going to learn, we're soon going to learn, pachas, then there's no ... then you shouldn't ever trust your wife. If you're worried about pachas, you should never trust your wife. Nothing. A person walks over to his wife and he's with her, and he says, right, we're soon going to learn, it doesn't mean ... cases, and it doesn't mean ... Teres Shlom might ... Yeah, it's a case, he's elaborating, all the same. Kol bichlal, this halacha makes no difference. Very good. The Teres Shlom. He kept there because ... Very good, he did his homework. He did his homework. Good. Now, I'm asking you, is not the fact that you walk over to your wife, she's not saying anything, that itself is the biggest raya? That should be the end of the sugya. Now, if you pay attention, there's a machlokes if she comes to you. So that's zechah telling me that she holds she's tahorah, right? So we're going to find two shitas. One shita is that's still not good enough. She has to say the word clearly, tahorah. Why? How could there be such a machlokes? What? A woman walks over and eats a sandwich. You know what she's telling you? That it's kosher. And she doesn't have to say, I ate this, this is bought from Milmark, this is bought from Milmark, this is bought from, I don't want to say the others, from ... not kosher, but whatever. What do you want? She came to live with you, so she's telling you. No, yesterday the word tahorah. What is the machlokes? I don't know. Again. No, maybe just a takanah after. Oh, so that's what I want to know. It's a takanah yesterday, the word tahorah. It's a pili play. I don't know. You read this piece, you don't get a stomachache from it? Huh? When you read this piece, you get stuck. Let's say she has a vest that you don't know, she comes to you. Yeah, so that's... So what you're saying... Anytime you see... I don't say she's a goya. What, are you married to a shiksa? What are you married to? You're married to a girl. And you're trusting... How can she run away? What happened? Huh? What? So what do you want to say, even at the time of a vest? Huh? It's cold. The time of a vest passed. It's not even a time of... They didn't pass words. Lo chlifu milim klum. Lo dibru. She can't start something, or she can't start a thing. She doesn't need to ask you anything. But if the vest passed, she didn't...

And she chews any topic on your wife's kashrus, and you should be married to her. I don't know what this halacha is about. What are you talking about? She comes to live with you. You have to ask her. She has to say, ... What do you want from her? Oh, you didn't say the right word. Say it again, not yotzei. Maybe he's right. We should clarify which suffix, lashon kodesh, that in English, not yotzei. I'm asking, where's it come from? Yeah, that's different. You want to know what happened. But ein hachanami, if she's coming, it's taka halacha. If she comes behaves in a way that you have to be... I mean, how can there be a machlokes like this? How can? I want you to know something. I remember seeing some, maybe the Badei HaShulchan. I saw one of the acharonim of today, maybe the Shevet Halevi, I saw it years ago, that he learns that there's no piskei teshuva like that. Mistake in piskei teshuva, that even the shita that holds that you don't have to ask, over here you taka have to ask. We're talking about a different case over there. Take out the Badei HaShulchan, the biurim. If I remember correctly. Go ahead, read it, read it, go ahead, read it. Once he mechadesh that there's no such halacha, that everybody holds here that you have to come and ask. He brings the two shitos, I think. Okay. Oh, so he says it has to do with the ikar halacha, tzarich lishol ishto. Go ahead. Okay. The halacha, that's תלוי with halacha. You have to know, it's about bedikos. You have to make sure she knows what she's talking about. Go ahead, yeah. Okay. Okay. Oh. By an isha temeiah, it's good enough. She comes home and she lays with him. She doesn't have to say. Oh, because that's k'magedes, right? Go ahead. Beautiful. You know that when I saw this, I got angry at it. I got angry at the modern-day poskim. I remember the certain things that when I read it, I said, you know, why is he writing? What is he saying? Why would he say this? But he's not the only one to say it. I know the modern-day poskim say this, that even in the lechem l'simlah here it's not neged. It's only over there where she went to the mikvah, whole story. But over here, right, it says even according to the Pardes Rimonim, right? He quotes the Pardes Rimonim, or lechem l'simlah he quotes, lechem l'simlah, yeah. Ah. Since she's not huchzakah b'tumah, so she takes that shekafel, which means is she might not know the halachos, and that's where I started the shiur with. I know she knows halachos. That's fake. She knows. She sees dam, she has to go to the mikvah. I want you to know that 80% of the women in the modern communities, they know. They see blood, they go to make a vestes shmesh. They don't צריך to talk to them. They don't even know what it is. They've never heard of it. You know that. You know that in the modern communities, they don't know vestes, calendars. It's not for them. The only calendars they hold is Sunday. Sunday they have to have barbecue, and the next Sunday they have to fly to Bermuda with their husband, and the next Sunday they have golf. That's the only calendars that they keep in modern communities. They know, they see blood. Five days, three days later, they go to the mikveh. That day. What are you gaining by asking her? I don't know. It's a good question. She's in a line. Are you tahor? Yeah, or something. And the answer is... What? Do you like when I... You like this stuff? And you know what the answer is? I started the shiur. What are you asking her exactly? And asking, she's tahorah. Not according to these people, not according to... You know what you're asking her? Did you make a bedikah? You know vest? You know what you're talking about. Because it's someone, a case where the girl knows what she's talking about, l'chatchilah. Otherwise it doesn't work. The whole halacha doesn't work. Or, ... means he asks her pratim, like everything else. The chicken. You should see the shailos of basar b'chalav women ask. It's beautiful. The weirdest stuff comes out of their mouth. My great-grandfather, ... I told this once to Rav Chatzkel Ruvel, he couldn't stop laughing. My great-grandfather said that in his community, he gets stronger, you know, hard she'eilos and weaker she'eilos. What's an example of a woman asking a hard she'eilah? I'm sorry, weak she'eilah.

A weak shaila, they come: spoons, salt, linen, a pot, milk, meat, and a plate, and the pot with the ben yomo, drop of milk. This is what they call weak shaila. Simple shaila. Wonder what a hard shaila is. My wife went and she made the kishke. You know, in Europe they used to make kishke, the actual intestine, and they used to sew it up, right? They used to sew it up with string. So last week she sewed it up with the blue string. This week she sewed it up with the red string. She wants to know if it's kosher, if yaitza the kishke of Shabbos. These are the simple shailas. It's to them a hard... because some women, they come to shul. Rabbi, very difficult, very strange shailas. But I have weak shailas. Weak shailas are the same thing over here too. She knows this, she knows this. You know what I'm saying? Yeah, the minhag, there's a string around the kishke. That's the whole bit. Same thing here too. Yeah, she knows. She knows. She sees dam, she goes to the mikveh. What does she know? That's why you sit in my shiur. What do you ask? You know, she went to... maybe she doesn't know what she's talking about. That's what he's talking about. The baal ha-shulchan says, I mean, he's a rav, he's saying, I don't know. Just because she's coming over to me, but she knows best? What's that? What's that? We're talking about... Why am I upset? Why am I upset at this? No ספק. No. Huh? No, you know, if you feel that this particular girl, you don't say the... in such a case. I don't know. The truth is, he's saying more than just what I just said. He's not just saying because the case is that they don't know the difference. He's saying there's a chazakah. He's going with the lomdus, when there's a chazakah taira, when there's no chazakah taira, when there's a chazakah tumah. Read it again. If you read it, you'll see he's making a whole lomdish svara. What? No, no, no, I'm going to say it again. Read it again, read it again. Right. Right. Right. So not tumah she doesn't know, but she's not מוחזקת בטומאה. Either she makes this ta'us. I don't know. I don't think. It's maybe a chiddush. It's a chiddush, because nobody says it. It's only... Yeah, who? Where do you see? Where do you see that? Online? You saw it online. Where did you see it? Huh? What sefer? Mei Nidah. I heard of Mei Nidah. I never... Okay, do me a favor, put it... Okay, let's go back. Take a pashtus. This piskei teshuva, many people hold... Ish nam aris... Rav Akiva says it that way. Actually, Shalena has to be maybe... actually Shalena, the... Even if she's a... Yeah, that's what he wants to say. People don't know, you're not sure. Who said? The Pashut... the Lechem Mishneh didn't say it in such a way, which means there's no such piskei teshuva. Cross it out. Cross it out. Take the piskei teshuva, make an X. Tell him it doesn't belong here. It's not true. It's not true. What do you mean, pashtus? Don't ask... No, you better ask. Prati, prati. Even if she comes to sleep with you, it doesn't mean it. You better find out. That is what explains this. Okay, now. That's right. That's right. That's right. Okay, now. Now. What happens? Yeah. No, but it's not halachic. I have just one last question. I need to go find. We'll do that. I really have to. I have to. Okay. What happens if the sevara is a sevara chitzonah? She doesn't go to the mikveh. She has this history that she's a lazy. She's lazy. She doesn't go and she hardly takes out the garbage, whatever. She doesn't get any dust. She's dysfunctional. What happens in such a case? Could we take on the ... I don't know that. Every person is different. I always ask these questions. These are type of questions I want to know. As they say, inquiring minds want to know.

I want to know if every girl is the same. Maybe she's your wife. You know your wife, to get her to go to mikveh, you gotta go after her with a shotgun. Otherwise she doesn't get anything done, okay? Expression, shotgun. What does that mean? Our people, our people that don't get anything done. No, she's the type of lady that she doesn't take care; she's not on top of things. She's not home. She's a yalda. Right, a yalda. There you go. Now you see, right? What's a ketanah yalda? Afilu ishah yalda boishah litol me'atzmah. So yes, what do you mean? But if she's boishah, you probably didn't take care of it. So she probably didn't take care. Why is it mutar? Now we're getting to the chiluk between safek, the im vadai rasa asurah. So when it's a safek, but let's say the chances of her going to the mikveh are close to nothing, so why is it mutar? Why? Why? Why is it mutar? What is a safek? Usually safek has to be what? Safek ha-safek. Has to make even sense. But if the chances are that she didn't go, and then the Gemara says, yalda sheboishah. Now tell me, is every yalda boishah? This is where you're going to see the chiluk between Rabbi Wolk and another. Is every yalda boishah? Yalda sheboishah. Yalda sheboishah. It's not clear. It's not clear that he means that every yalda is a boishah. What happens if it's a yalda that is boishah, which means it's not a common case necessarily. You see the difference? Is the safek a real safek? Meaning, the chances of her going are probably that she went, or it could be even if the chances were that she probably did not go, and still it's mutar. You like it, huh? How many people learn a halacha? Growing? I don't know. In the meantime, I'm learning. Now, what happens if, if, if, if, if, if, if, if, ba'alas not be'ir, and most people don't go to the mikvah when ba'alas not be'ir? עיין ערוך השולחן. Read. Read ערוך השולחן. סימן קפנון, סימן קפנון... excuse me, קפנון. Excuse me. Read. Go ahead. I'm not... I'm sure... שאלה אחרת... ...אין אישה... So what kind of halacha is... The chances are she didn't go. Go ahead. What did you want to say? The answer is, since she knows he might come back, then she does go. What happens if she doesn't know? So it comes out, ... according to ערוך השולחן. If he comes back surprisingly, then אינה חנמי, אינה חנמי, this whole halacha doesn't apply. חידוש נפלא, חידוש נפלא. Let's go, go ahead. She knows that he... No, she knows that he's supposed to come any day. Monday night or any day, whatever. He could be coming back any night, any day. Second time. This whole halachah is not ... This Aruch HaShulchan you have to post up. You have certain things you have to post, like a big sign, you know, ... you have to put up this Aruch HaShulchan, siman kuf pei daled. Here's time. Why doesn't ... say that? Here's time. ... That's actually a good question. ... Yes, why is ... bringing it? It's running. Okay, go ahead, next. Vaiter, vaiter, vaiter. The kids, these are טוב. I wouldn't say a chiddush nifla. Yeah, I'm gonna throw out a chiddush. Chiddush nifla. Probably she didn't go to the mikveh, and af al pi kein, it's still good. Do you like it?

I'm just going to show you how it works. Look at the Teres HaShlamah. That's a very good question. Let's say we're matir. It's not clear why we're matir it, you know? It's not even so clear what the reason is that we're matir b'vestes, you hear? Higi'a shaas vestah, v'im shas achar havesh shehi, that it's mutar. Why? So he wants to say a chiddush that has to do with sfek sfeika. Safek if she saw, and safek if she went to the mikveh, yeah? Right. But the Beis Yosef is mekor of the sfek sfeika, okay? The Teres HaShlamah, I never knew, no, I never knew that by a sfek sfeika she'efshar livrurei, some chinuch on a sfek sfeika. Ask her. Why don't you ask her? Let me give you a kashya. You know what it is? After we drew the picture of the din, now we're going to hit a bullseye right into the hole and pop it. Wait a minute, the whole thing doesn't make sense. Ask her, what do you lose? You're supposed to mevarer. Are you not supposed to be mevarer? So I draw the hole, but the kashya is not so big. You know why? I'll tell you what. Don't draw a hole. Don't draw a hole. There's also a... What about... Shh, shh, shh. It's only drop one. So the Torah, she has a chazkas taharah a bit. Could you listen and then stop, stop shushing? Shushing works, you know, when you're in a ball game. It doesn't make a difference what's going on on the field. That's the difference. See, shushing between beers with your friends. But here you're missing the ikur, the ikur topic. Okay, you hear? Be'etzem, min haTorah she has a chazkas taharah. From Rabbanan she has a chazkas... I don't know. I spoke about this with you. I don't know if vestes means she has a chazkas tumah. I want to tell you further. He clarifies this. He clarifies that maybe she, the Teres Shlomo asked, maybe she has a chazkas taharah or she has a chazkas tumah, but you can't say that. You know why? Because you see she's chayav in bedikah, and if not she's tamei. So obviously if she didn't do the bedikah she's tamei. So you see she has a chazkas tumah. There's all this Teres haShlomos. It's all the same piece of Torah. You hear? So I grabbed one or two to know that this very famous Pardes Rimonim in siman kuf pei hei that says that eina chanami, she's taka mutar without a bedikah. So bedi'eved? Yeah, you have a ves. It's very same chiddush. I never spoke this out yet. Same chiddush. It's only knas. Yes. No, it's aser. Of knas. Like every other knas, you were supposed to make the bedikah; you didn't do it. Because l'chatchila you're supposed to be machmir to make a bedikah. The question is, why aser b'di'eved? Knas, he says. He's medayek from Ramban in Daf Yud Aleph in Niddah. You have a part of the Rishonim, you have it? So you know what? Look at the Ramban in Yud Aleph. He quotes the Ramban in Yud Aleph. Okay, to make a long story short, you probably don't enjoy this part. I enjoy it because it's the whole background of the sugya: the ra'ayos, the Rabbanan, the chazakas, chazkas taharah, chazkas peshutah, and sveikos. And to make a long story short, it's a safek sfeika, אי אפשר לברורי. Some hold that every safek sfeika you don't need אי אפשר לברורי. You know, some hold like that. You know that. Who says it? Oh, that's what he says over here. He says it all over. Okay, that's what I was thinking. The pashut pshat is that this is a raya that even if it's a safek sfeika, you don't have to ask. Or we could come and—

Say, or we can come and say that the emes is a chazkas taharah. I versus Rabbanan, it's not motzi you from the chazkas taharah. אי לאסי קאשיא דבדיקה, it says like the part of the Rishonim that even the bedikah is not l'ikuvah, which means you still have a chazkas taharah, but it's a knas. אי דילמא, and this I hold is the truth, and this is what I want to say in this sugya. You ready? Good stuff, good stuff. Raffi, you ready? You ready? Whenever you have a sfek sfeika on a ma'aseh to do or not to do, asur or mutar, so k'she'efshar livrori, we say sfek sfeika will be asur. When the she'eilah is on a chazakah, is it muchzak b'taharah, muchzak b'tumah, and she was first muchzekes b'taharah and now you want to take her out to be b'tumah, you're not going to take out an isha from a chazkas taharah with a sfek sfeika that maybe she's tamei. You're right. Think of what it is. This sfek sfeika is going to tell me that she has her original chazakah, where it's a safek mutar, safek asur, and it's a sfek sfeika for the issur, for the heter. So then, efsher levrurei, we don't say safek sfeika. But we're—she originally started out as a chazkas taharah, and we're saying that maybe she has a tumah. So the fact that there's a safek sfeika telling me that it's possible she has taharah, so the original chazkas taharah stays. We're not paskening a new psak. That's right. You like it? I don't know the klalim, but it sounds good. You know how it answers all the kashas? Why can't I say the whole thing is d'rabbanan? Because I'm trying to tell you, some say safek sfeika in a d'rabbanan is left with efsher levrurei. Even d'rabbanan? Some say not, some say yeah. I mean, that's the shaylah. What I'm going to say is like, listen here. What I'm going to tell you is, this woman has a chazkas taharah. There are circumstances which could be matir from the chazkas taharah. Kol zman there's a safek sfeika that she's tahor, so the tafis is not that now she's tahor after the issur, after she's tamei. We'll see how many each al chazkasah from original chazakah. I don't even know how that works with a safek sfeika, because the way the safek sfeika sounds to me, it's a safek me'ah, safek zero. I don't consider it temei'ah she'eino tavlah. Right. So you're taking on the hanachah that she's tamei'ah. How could you say that, bringing her back to a previous taharah when the tzad is that she might have been tamei? Don't even. ...don't touch the... Don't even... She reads in a way that she did become something, right? So you can't say that she wasn't, because you're dealing with the tzad that she was. It has to be that it's a nusach. When you have to ask, what are you asking for? What are you asking for? Are you asking to verify that she went to the mikvah, that she knew what she was doing, that she made her bedikah? Are you verifying this, or that the verification is there to mevarer the safek? Which one is it? Is it used as a birur in the safek? I hold that you're not using... Achiya Shalena is not a birur in the safek. Achiya Shalena is to make sure she knows what she was doing. The sheetos that hold that even if she comes to stay with you, you still have to ask her, it's not a birur for the safek if she's tumah or taharah. It's not a birur in the safek, sheva.

What it is is it's severe that she went to the mikveh, that she followed through on the halacha. When she comes and says, Tohorah ani, you know what is possible? The sheetah says she has to say clearly. What she's saying is that she went through the mikveh, lady, and she's a chafifah. She's not discussing her status of niddah. I asked you, why doesn't she have to say tohorah? She came home from the mikveh. Why is she there? What? What? According to one sheetah, she has to say. No, that's what I'm trying to tell you. She never has to come and say, Tohorah, her status. What she has to come and say is the ma'aseh, tovalti. I went to the mikveh. There was kosher. It was a kosher mikveh. I went to the right mikveh. I went to the chafifah, and we did. Yeah, she could have gone to the mikveh stam azoi. Yeah, Howard. She went to the Chabad mikveh. That's not kosher. You guys are asking why. What? You don't have to. You want, you could. You can answer. Why can't you answer? But you're not חייב that. Okay, this is the homework for tonight. I want you to answer the following question. Al hatzad shechayavim להגיד. Listen, al hatzad shechayavim להגיד, טהורה אני, טהורה אני. Does it say טהורה? It says טבלתי. What does it say in the nusach? טבלתי. I know, but you like it, the word טבלתי. So she says טהורה. Here is the suffix. טהורה could mean, I never got my period. Let's say she comes back from the mikvah, she says טהורה. Good, because I know she went to the mikvah. She's telling me, פירוש טבלתי. I don't care then whatever. She means טהורה, and it could mean I never got my period, maybe I'm pregnant. Okay, I want you to answer the following: are you confirming midah status, or are you confirming the halacha? Asiti k'das u'k'din. You know that when a lady goes to the mikvah, the mikvah lady says, Kosher. Kosher means it was good, it's kosher, okay? I want to know if the wife comes home, she's saying kosher, that the mikvah worked out with a stampel of kashrus from the badatz, or she's coming to say, By the way, I'm tahorah. Because maybe if it's tahorah, the act of ... thing, to do it for ... No, not ... No, but you hear what I'm getting at? The ad sheyishalen. Okay, we'll stop over here. Tomorrow we do Yud-Beis, and Sunday is ...