Hilchos Niddah: Ne’emanus HaIshah, Saying Tavalti, and Overturning Chezkas Tumah

Transcript

Isha shehi b'chezkas temeiah, asur l'ba'alah ad sheteima lo nitvalah. So, be'emes, there's two chidushim in this halacha, okay? So I want to make sure you understood this, because if you learned the Beis Yosef well, you'll know what I'm saying. If you didn't learn it well, then you won't know what I'm saying. I didn't say anything. Ha'isha shehi b'chezkas temeiah. So there's two chidushim here. The first chiddush is that she's ne'eman, period. You know, women don't have ne'emonus for eidus. Women, on certain things, don't even have ne'emonus on derabbanan. For example, bedikas chametz. Women are not given a very high scorecard when it comes to knowing what they're talking about. If you take apart the halachos in the Gemaras about women, if I was a woman, I'd feel bad. That's how much we don't trust her. Shh, shh, shh, I didn't say anything. I didn't say anything. Don't say— I just said over. No, she is not trusted, period. You tell me, A, who said? Meheicha teisi. That's all. So here there's a chiddush that she's ne'eman, that she's ne'eman. There's a second chiddush, that is, that ad shetomar, that she has to say something, which means it's not enough ne'emon, that she's trusted, but also tomar. Even though it's not so clear in the halacha, even though it's not so clear, but that's the tomar, the chiddush of having to say. There's two gemaras, and that's why I'm saying this. There's the Gemara in Kesubos. The Gemara in Kesubos, in Ayin Beis, says that an isha has ne'emonus. Safla, that when it comes to nida, a woman is ne'eman, ne'eman, she's believed. There's another Gemara in Nida, daf yud beis amud aleph, that there's a din to say, ad shetomar, that she has to say. Gemara talks about peyalim over there, they come home, their wives are, yeah clean, not clean. She has to tell you that she's clean. So that means these are two sugyas. These are two sugyas. One sugya is that she has ne'emonus, safla, it's in her hand. And the second sugya is that she has to say. I don't want to say the word tevalti, because that's not exactly what the Gemara says over there, but she has to say. It has to be a confirmation. Confirmation. Confirmation, okay? These are the two gemaras, and this is the yesod, the underlying yesod of this din. Now the Gemara— Just says she's ne'eman. She's ne'eman l'gabei what? What are we giving her ne'emanus for? A, are we giving her ne'emanus to tell me her status? B, are we giving her ne'emanus halachos, that she did the halachos ha-nitzchachos, that's needed? C, are we giving her ne'emanus that she did something? Tevalti. I trust you; you're not a liar. What? The first one. צד number one: is that a ne'emanus, and ne'emanus of status. A woman is, I guess, let's say capable, but not even so much question of capable, capable slash trusted, to confirm her status, to tahorah or tameiah. B, is she trusted on the halachos? You know, a person can come and say, It's kosher. Why? Erleichiyut. Erleichiyut. And erleichiyut says it's kosher, eid echad ne'eman b'issurin. Tell me, does that apply to a guy who knows nothing about halacha? Would that also apply?

Could you come and say, Eidech ne'eman b'issurim to be a rav hamachshir when you know nothing? Of course not, right? I mean, you might be able to open up an organization, a kashrus organization. Seriously, the rabbinical lines of Queens, you could maybe open up, right, whatever you want to call it, whatever they call the kashrus. But it doesn't mean that you can say that it's kosher. I'm joking, I'm joking. I'm not discussing Queens or—I'm just joking, okay? Okay, the rabbinic administrative of kashrus of the world and the United States and Afghanistan, okay? Now, huh? He was medayek already. I said something about the Vaad Harabbanim of Queens. I'm not saying— There is a hechsher. Listen, I'm making you a symphony. You don't even notice what I'm doing. I'm painting you a beautiful picture of the sefer. Just listen. Listen and you'll see a beautiful painting. Huh? See, what is see? See is she's now meant to say, I went to the mikvah, I didn't go. She's now— I did something. I went. I said. A woman is meaning—what's the chiddush? That she's just not a liar. That's not more than that. Maybe she's a liar. A woman said, next case. It's actually different than emunas. One emunas, like I said, is confirmation, trust, what her status is. The second one is maybe confirmation, not a question of trust. It's a she'eilah if she could be—it's b'yadah to know and to say and to speak that she went, I am nekiyah, everything is clear. Or see, pashut ne'eman. Yes, no, I said I didn't. That is no mistake in that. You went to mikvah, you didn't go to mikvah. How do you sit this back into the— Because we're going to see slowly. Obviously that's the point. You have to be patient, patient. As I said, first let me paint to you the yesod. The yesod of the sif is ne'emones and amirah. That's the yesod of the sif. You want to know further, what's the yesod of the inyonim in the sif? Inyonim in the sif revolve around this shaila: is her ne'emones a ne'emones of status? Is her ne'emones an ne'emones on the dinim of nida that apply? Or is her ne'emones on factual things? She's trusted to say she went, she sat, she did. I went to the kosher store and I bought it from a kosher butcher. That's it. I went to Goldberg's and I bought whatever the store over here is and I bought it. But could she come and say I went and I cooked and I found and—who said? Once it's more detailed and there's halachos involved, who said she's ne'eman? The Gemara actually never says that she says tavalti. The Gemara says that she says is tehorah ani. That's the Gemara Niddah daf yud beis. The Tur changes the lashon from tehorah to what? To tavalti. Yosef points this out already. Yosef says that the Tur was meshaneh from tehorah to tavalti, and that's in the halachah. He brings, עד שתאמר לו—till she tells him. I know it's a very— we have to relax. עד שתאמר לה, שעה שעה. עד שתאמר לו, till she says to him, tavalti. So it's interesting that the Beis Yosef doesn't make a big chiluk, chiluk. In what's the chiluk? She says just tahorah or tavalti. He just says that the tour is meshanah. Does he explain why the tour is meshanah? Not really, right? But just—what? It's just quoting the Gemara, and he says that the tour—there's got to be a reason that the Gemara says tahorah and the tour changes it to tavalti. No? Tahorah? There's got to be a good explanation why the tour felt to take the word tahorah to come to say tavalti. Now, the way I'm learning is, geshmak, because tahorah is status, and tavalti is a maaseh. So maybe she's ne'eman to say, I went to the mikvah. That's what I'm—she's ne'eman, meaning she's not a liar. But when it comes to the safekus of her status, no, maybe not. I'm not saying anything yet. I'm just saying maybe. Let's see. Are you masking so far? What is the reason? I understand that. That's what I'm getting at. That's what I'm telling you. It's not the story that she can come and say, Lo yasi mi'olam tamei.

She changes that it was tamei, but I went to valti. What would be the chiluk? I'm going to say that. I'm getting to that. I know that. When she comes and says, me'olam lo yasi tamei, so she's telling you a fact, or she's telling you, me'olam lo yasi tamei, maybe I saw dam, I saw things, I went to a rav and the rav said it's kosher. Could she claim a fact? I went here and that happened. More than that, she can't come and say. That's what the Tur is saying: tavalti. It's a fact. Did she go or she didn't go? Ma she'ein kein, ma she'ein kein, when the Beis Yosef brings down the Tur, he is that it's possible that she can't come and say, me'olam lo yasi tamei. Now what does that mean? In case? Does he mean a case, it just never happened? I just didn't get my period? Or me'olam lo yasi tamei means in the halachos. I packed a bag and I thought, whatever, but this is not tumah. In halacha it's not tumah. That's what I'm trying to tell you. It's not clear when the Beis Yosef and the Tur dance around the word tahor and tamei of the Gemara what they really want. Is he coming to tell me just a chiddush din, tavalti is ne'eman, me'olam lo yasi tamei is not ne'eman? Or he's coming to say that you're allowed to say a fact, but you're not allowed to say the status, me'olam lo yasi tamei. Now I'll tell you one step more. I'll tell you one step more to understand this Beis Yosef, yeah? The question is when a woman comes. This has nothing to do with ... A woman comes. This is not pashut. Let's learn what it says. Isha shehi bechezkas temeiah. Period. Asurah ליבעל לה. She's not allowed to come until she tovel. So I'm telling you, the question is, she's ne'eman tovalti? That's all? Why? I can tell you very simply why. You know why? It's a fact. Either you went into the water or you didn't go into the water. There's no room for miscalculation. There's no room to make a mistake. Either you toveled or you did not tovel. The Beis Yosef says, lefukei if she comes — I'll get to it later, but you want to do it now, do it now. Let's say she comes and she says, me'olam lo yasiti tevilah. What do you mean, me'olam lo yasiti tevilah? Which means also a story that I just never saw the nidus, or I saw whatever it is, but in halacha it's taka paskened that it wasn't a problem. I had a kesem, but you're right, the kesem was kosher. That's already more complicated. That's already more the halacha than the fact, yes or no. Now let's go one step further. Try to calm down. I need to concentrate. Concentrate. There's another way we can learn the Beis Yosef. Me'olam lo yasiti tevilah. Could be that she's going against the chazakah, and that's the chiddush. Ha'ishah shehi bechezkas tameiah. She's walking around as a niddah. Then she walks around and says, Just a joke, just joking, never happened. Now we have a whole different sevara, you know that? Why aren't you paying attention? I'm teaching you something you'll never hear anywhere else. And it's not the chiddush, it's not lomdus, it's not wild stuff, it's pashut pshat. Yes and no, maybe, maybe. Yeah, yeah, you have to go slowly, slowly. Yeah, it could be. You're touching on something, and that's why I don't want to answer your question either yet. If the taich is that she's bechezkas—notice what he said, ha'ishah shehi bechezkas tameiah. Not a ishah that you think that she is. Is it personal? Is it that you thought she's tameiah, so therefore aser, you can't go until she tells you? Is it about you, or it's talk about her chazakah and her ne'emanus to undo the chazakah? So if she's bechezkas tameiah, maybe she doesn't have a ne'emanus to come and say, Me'olam lo hayisi tameiah, but I was tameiah and I fixed it, so then you're not going against the chazakah. That's a whole different sevara. Please, please, please, I beg you.

Learn what I'm telling you, because I'm going to show you something so clear, so beautiful. Maybe I'll bring it out now, just to show you the beauty of it, okay? I'm saying a simple thing. It's beautiful, no? It's really beautiful. This is so beautiful. All your books are not going to talk, because it's too hard to get to the shoreshim of the halacha. Get to the bottom. Beis Yosef tells me that you can't come and say, me'olam lo yasi, and that's pshat, tavalti lafukei tahorah. That's what it means, okay? I said, what's the taich? Either the taich is because you can't come and talk about halacha's complicated things. You come and say a fact: I went to the mikvah, I didn't go to the mikvah. That's a fact. I drove there and I went in, so I was in there. The mikvah lady told me it's good. That's it. That's the end of the story. But to come and say, me'olam lo yasi tamei, I went and I cleared and I found out that really the kesem is not a kesem, and that the nidah was not a nidah, who said your ne'eman? Beis nashim kup. Al gilma, it's not so much the ne'emanus as much as to be motzi from her chazkas tamei. You notice, ha'isha, it's not a story. She hi b'chezkas. Why are you changing loshon? Chazkas tamei. Just say ha'isha, she hi nidah, nidah, and then you want to know, she's tahor, teretz is tavalti. She's b'chezkas tameiah. So she's not ne'eman to say me'olam lo yasi, but she's ne'eman to come and say, I was and I fixed. The Rambam finishes, v'achar she'avru yamim she'efshar lo limnos v'litboel, ne'emenes she's believed. And everybody starts to yell, the Taz, the Shach, what do you say different than the Mechaber? What would be if she claims this, but there's not enough in cheshbon to work out that she was able to be teveles? Is she ne'eman? Now we can talk about this. There's a big tumul in Acharonim, because it's very possible the way to read the Rama is even though she's b'geder meluchlachin b'dam, ne'emenes loimar that this continues from the next. Achar she'avru yom shev shelo l'volibo, ne'emenes. She's believed, right? Afilu ra'ui b'geder meluchlachin b'dam, ne'emenes loimar. She's ne'eman to say, which means that even if there's a masla that she's not telling the truth, she's still ne'emenes. Oy dilma that it's actually want a simple halacha: Achar she'avru yom shev shelo l'volibo, ne'emenes, but if not, not. It has to be that she's ne'emenes only that if it makes reasonable sense to you that it's so, which possibly the Mechaber doesn't hold of, because it's a whole shaylah. We're going to learn this. Did the Rama explain the Mechaber, or did the Rama add to the Mechaber? Is the Rama—is explaining? Arapala ma'aseh. Finished. If the Rama is what? Arguing, so it's mashma the Mechaber that you don't have to come on to the condition of what? It has to make sense. You know what the Mechaber is saying, pashut halacha, she's ne'emenes. That's the end of the story. That's her ne'emanus. She's ne'emenes to come and say that she's tahorah. If the pshat is that she's ne'emenes just to say that she fixed it. So I'm not saying a מילתא דקטע, but it has to make sense. You can't claim something that doesn't make sense, right? If the words of tavalti is only, tavalti means temeisi v'tikanti, so it has to be that she's saying something which is reasonable. But if she's ne'eman regardless, which we'll soon see, it's a shach, it's a whole ra'ayah in the Acharonim. If she's ne'eman regardless, so then it's not about fixing. She's ne'eman to stay. I don't care. You have questions, remain with your questions. I have no problem. Ki'ilu there's not even a chazkas temei'ah that she has to come and explain differently. She could come and say, My word against the chazakah, I am ne'eman. Are you still with me? What's the problem? Why not? Maybe you should write. You know what I'm— you hear what I'm saying? I'm saying a very clear. When she's saying tavalti, what do you mean? What do you mean tavalti? I fixed it? So the Rama is saying a gevaldige thing, fixed, and you're saying that it has to be reasonable that you fixed it. But if you're ne'eman on your status, that's gezeiras hakasuv, so I'm not really that interested in—

What the calculations work out. Whatever. We'll soon see more about this. There's a lot of stuff, a lot of interesting things here. Let's see now a little insight. What happens if she doesn't say the words tamal, but she comes and she is merames. Merames how? She lays next to him. She lays next to him. So we all know the Chavos Daas, which, I'm sure you saw it all, that this is good enough. Maybe, says the Chavos Daas, it's not. Right? Chayrit, in theory, it should be good enough. It's not good enough. Now why would the Chavos Daas hold it's not good enough? Yeah? Why? She's lays with him. She's not a goyte. Maybe she doesn't know what. Maybe she doesn't know what. Maybe she doesn't know. Okay. The Orach HaShulchan, kuf pei hei daled, is cholek vehemently on this Chavos Daas. And he says even more. He says that today... He doesn't know any girls who chutzpah to come and say, Tavalti. See, right? Bnos Yisroel. Right, you saw Derech Hashulchan? Come, let's read it. It's a very interesting lashon because, you know, they all talk about the way in Europe they were not tzniusdik, they didn't wear sheitels. Let me show you the difference between with the sheitels and without the sheitels. Let me show you the difference. And then we have to have it. Where is Derech Hashulchan? Where is it? You have it? What's wrong? So far good? So far good? Perfect? Okay. רבי, remember you said once in this ... motion ... needs to know she was open there? Like my grandmother also, nobody, none of the litvish ladies wore. Why? Who's quoting it? What? Why? Bring the lashon. You see, you know what? You see that he also is ... he puts it in quotation. שכמדומני שבנות ישראל בושות לומר בפיהם טבלתי. I want, they'll go ... next. The mani shebnos Yisrael boishos loimar befeh. She's asking a good question. Now, the truth is, the Aruch HaShulchan, I want to show it to you inside, learns that the story is not even sheich lesimah. The story is that she gives things to him. That's the story of the Aruch HaShulchan. The story of the Aruch HaShulchan is that she doesn't do the harchakos. She doesn't do the harchakos. She's not doing the harchakos. And because she doesn't do the harchakos, she has a remez, a real remez. It's only a remez. It's already a remez that she went to the mikveh and everything. I'll tell you, there's a very big problem. I once heard this bshem Reb Elyashiv, a very big problem, that bishloima she shocheves imo, but then it's either tahor or not tahor. There's no two ways about it. But just because she gives him things, maybe she doesn't know that she thinks she's going to the mikveh, or maybe she forgot. So even in the shitos that argue and say you don't need mamash a thing, Reb Elyashiv says—

It's very hard to accept the Aruch HaShulchan's story. It's the famous thing, when I actually show you all say it. Where is it? You'll find it. You bring it. You saw it? So bring it. Find it. Okay, now, I think, yeah, that there's a pashut eishet. You're married to a woman who's such a tzniua, such a tzniua mamish, ah. Yeah, he brings you, Rav Elyashiv, such. I don't know if it's the same one. He says, ... I don't know if it's the same one. Same one. What's Rav Ovadia said? ... He learns the Mechaber literally. Okay, okay. I think a pashut zach: you have a girl, wife, such a tzniua that she can't say out of her mouth the word tavalti. Now, the truth is, between me, you, and the four walls, I don't understand it, because then how do you live with her? But all right, let's say it's so, okay? So let us say kashrus. You can't say the word kashrus. Kashrus. Especially, let's say you see her preparing to go to the mikvah, and she's telling you she's going to the mikvah now. Watch the kids, I'm going to the mikvah, right? So l'choira, it's very hard to understand what the Aruch HaShulchan was talking about. And even if it is true. Even if it is true, right? But she could always come and say, Kashrus. She'll say the word tavalti; she don't say the word tavalti. It's interesting, because the way he's learning the word tavalti is as if she is being ... past. She's just telling you, she's telling you a fact. Again, so what should I answer you? You want me to rip it up? That's what I'm telling you, right? It's a chiddush. To me, it was a chiddush that in Europe, a poisek — actually not a kid, he was a poisek hador in Europe, should write that in his time the Bnei Yisroel wouldn't say this. Chiddush. Don't say, I went to mikvah. But if it's true, then there's ways around it. And the chiddush is that she pierces things to him. That's a very big chiddush, that that should be good enough. Let's say it's true that there is such a nidah, okay? Let's say it's true that there is such a nidah, yeah? I have a shaylah for you. I mean, ma nafshach, if she's meramez, then she's meramez. He brings ראיה, just to show it to me. But ... says you have to say it. What is to say? I mean, because when you say it, it's serious? That's what you mean? What would be the chiyuv? What's the tzad sheini of it? Remez is not good enough. It has to be that she says the word tavalti. How could there be such a machlokes? I'll ask you another shaylah. What happens if the mikveh is very far away? Very far away. It's a big schlep to get there. She went, and she traveled, and you also know that the mikveh is not clean. She doesn't like to go there. It's snowing outside. Snowing outside. The Pischei Teshuva. Now, the Pischei Teshuva talks about a very strange case that it costs money. So since it costs money, who said? Who said? Maybe she's not telling the truth. Now today, I don't think it's that an issue. I don't believe, I don't believe that that's an issue. I don't think money, ... it's not that much. I don't think that's an issue. But, chayris. All right. So pshat is, b'makom that she could be she's meshaker, then maybe she's not ne'eman. Can I ask you a question? Does that mean she's not ne'eman? Isn't that what you're saying? I don't see it. So I'm asking you a question. So that means that a person's not ne'eman, no? You have to not disturb the mind of thinking. The mind of thinking thinks straight, and then it gets, you know, like a pinball game, boom, bang, I can't, I can't, I can't. I'm telling you, pashut is not. The word ne'emanus means what? You believe. Till there's a chashash you're a liar, that means you're not believed, no? When you believe someone, what do you believe? That he's not lying, right? But if there's a reason to think that she's lying, she's not believed, that means she's not believed. That's basically what you're saying, right? What are you talking about? It costs money.

So maybe I don't believe her. Meaning she doesn't — it means you don't believe her, right? You mean you only believe her if there's no difficulty involved, that why would she ruin you? Very shvacha belief, I tell you. Could you imagine the wife says, 'Neder echad' and then b'issurim for supper, unless she's, you know, difficult about it still, she can't — there's no 'neder echad' and then b'issurim. You know such an 'neder echad' and then b'issurim? You know such a thing? It is always like that. No, it's not always like that. Shad that you might lie to you. If you have a guy that he might be lying, you're not going to believe him. Again, if someone walks into a beis din and says a story, if there's no reason to believe differently, just because it's difficult doesn't mean you should think he's a liar. I don't know what you're talking about. You can't be ne'eman just in case it's difficult, therefore we don't trust you. What are you saying? He's a liar, that's what you're telling me. I only believe you because there's no effort involved, which means you don't believe the guy. It's k'ilu, why would she ruin him if there's no reason to ruin him? That's all it is. That's the whole ne'emanus b'safek. You understand? That's the whole ne'emanus, pilei plaim. Are you with me? I think that he's bringing up — what do you meant? Right, chavas daas, that she's not ne'eman on those things when it's in a matter of pain, not the regular ones. I'm going to ask you a question. If it's difficult to go means we don't believe her, so what are you saying, that I only believe her because it's easy? That's why I believe you? Which means I don't really believe you. That's what you're saying. I mean, but the Chavas Daas says about only women that she's not believed. That's not the story of chila. That's not true. That's not the Chavas Daas. That's a different story. That's ne'emenes afilu b'sha'as bisah. B'imichshila ba'alah, eina ne'emenes. That's a different story. But if it costs money. No, it's not ... continuous story. No, no, no, no. You're learning that the case is only on a lawyer case anyway. That's what you're saying. That's a very big chiddush, maybe. You know what? You know what? Why don't you look up the Chafetz? Let's look it up. Biurim ... Chiddush ... Go ahead. Halacha l'maaseh. Yeah, biurim, chiddushim, go ahead. Biurim ... chiddushim ... Okay, so what happened to the story with the money? So what happened to the story? So far it's not a continuation. The story of the money is not a continuation, right? So let's get to the continuation. The efshar, the... ein ne'emenes. Siman beis, se'if katan yud-daled. Okay, so go ahead. Siman beis, se'if katan yud-daled. Shach. Yeah? It says here. Se'if beis? No. Le'il siman beis, se'if katan yud-daled. What is this? I don't know what that is. Siman beis, se'if katan yud-daled. What is siman? Beis? Beis? Okay. Obviously this is not a continuation. This is not the Chavas Daas. Okay, so is it the Chavas Daas? Is it a continuation? I know, but he wants to say also in our time. He wants to... I didn't say that. Why is it so קשה? It needs time or whatever. I didn't have to pay. Now there was time to pay, so also... So that's what I'm telling you. It's a tremendous chiddush. I'm looking, I'm saying, what are you talking about? That for a few dollars you think she's not going to tell the truth? So then what kind of emunah does she have? I don't know. It doesn't look like it. The efshar, the...

I think it's like one of them, one of the other people. I don't know. I didn't learn it that way. I don't know. I don't know. To somebody, I don't feel that it is. Give me the cheating books. Come here. What are the cheating books, huh? He brings a separate... Maybe, maybe. Okay, maybe. It doesn't make sense, because if she's... why do you have to stick another reason? ...is enough for her not to believe her. ...she's also a believer. That's not true. ...Anyway, doesn't the woman need to check her? What about what they gave? They pay money and they go. She doesn't... And it has nothing to do with this. He doesn't bring it down. Okay, I think that this is separate. Go fight. Rufi, separate or together? Shevet HaLevi doesn't bring it down? No. Okay. I think he's telling you a big chiddush. The efsher, it's very possible that a woman that has to pay money, huh? She brings the pay-money business. That's something else. That's true. Again, another? No. Also not. He says, v'ayin, but not the Yudan, not the biur in Tinyana. I think it's a separate thing. Okay, now. Okay, the kitzur, I have—moiler your mind to think, what is the ne'emanus? That's the question. What is the ne'emanus? Something strange here. Yeah, you do believe, you don't believe, or you believe her sometimes. Okay. Is her ne'emanus even klapi you that you think differently? Let's say you believe that. Something's wrong here. Almost a ta'us, not 100%. The Bach, the Bach, the Bach. It starts with the Bach. Okay. The Bach says a me'udike chiddush. The chiddush is that it's not noida. Possibly you would say where it's not noida, she's a niddah, nobody knows about it, nobody there. That's what she's ne'eman to say. Once it's out in the open that she's a niddah, then she's not to be ne'eman. You know what that is? I'm very, very, very complicated. Yeah, the Bach says that, yeah. I said it's the Bach. It's the Bach Shmoi. Tell me something. You know what that means? I don't understand. I read it, I was thinking, I read it again and again, I don't know. What's the difference if it's known or if it's not known? You know, there's a thing from the Steipler that if someone is sick, better not people should know about it. You know why? Once it's known, then the tefillah alone helps because then it's official. It's a miracle, it's not, mash'ein kein. Nobody knows. Is it the same thing over here? I don't want to... Now, is it possible, is it possible that something to do with this also? Once it's out, it's harder to undo what's out in the open? I don't know. I mean, I do know, but I'm asking you a good question. Kamashmalan that she's ne'eman even copy what everybody knows and hears that it's official. Either you're ne'eman or you're not ne'eman. I don't know. Either you're believing her or you don't believe her.

I want you to read the Bach to me. You know what? Since you said it, read this Bach. Because the Bach does speak about birur. He sticks that in. Go ahead, read the Bach. Read it. Come on, read it. Can you read those words? Because it's like, it makes me crazy every time I hear it. Read those words. Secret. That's when we would think she's ne'eman. It's a secret. But when it's out in the open and everybody knows, I don't know. I don't know. No story for Ramon. Go ahead. I don't want Ramon now. I want this. Go ahead. I can't. You didn't say the nekudah. What? So therefore, kamashmalan what? Not kamashmalan. This nekudah. You would say that it's only this. Therefore what? Tameiah. Ne'emen. Yeah, go ahead. Kamashmalan. Yeah, she's ne'emes to say tahorani, but still you still have to ask people. I don't know what world the Bach lives in. I have no idea what he's talking about. Do you have any idea what he's talking about? Yeah, nobody's saying, kamashmalan that it's not that way. I would think you should go after the ladies anyway. Meaning, according to the Bach, he wants you to go call up the mikveh lady. That's what he wants. Exactly, the Bach is calling. Leave the number? Okay, call up. Yeah, did my wife do what she— No, don't need, don't need to go. Kamashmalan. The Tur is saying this: you shouldn't make this mistake. What kind of mistake? What are you talking— Why would you have to go after the nashim? What is he saying? I don't know. Let me discuss with you an interesting— You know, the Bach, ... that is chazak. First, chazak. And that's what I was telling you, shehi bechezkas temeiah, bechezkas temeiah. Couldn't an amanes of an eid echad go against the chazakah? Let's say a woman is now, 100% she's ne'eman. Yeah? A woman is ne'eman, right? Good, maybe she's ne'eman, you're right. But let's say an eid echad would come and speak about something which is mechazek the other way. Now we're talking. Now we have something going on. I told you, the two inyanim in this se'if might be her ne'emanus or undoing a chezkas temeiah. It could be a whole different ... The Bach was learning this is about a chezkas temeiah. You would say, hava amina, that's true. She has an amanis, like every eid that has an amanis, but not when there's already a chazakah. I don't think he needs—I didn't put in the word known. It's out. It's accepted. Muchzak. It's muchzak. He used the lashon. It's chazakah. It's there. The first. It's chazakah. It's an accepted fact, which means not she's making a mistake; she is. She's a nida. That's... What would be if she's only a nida because she has a safek? Would it make a difference? I hold this would make a difference. If she's a nida vadai because she's a cheskas tameiah, and therefore the sugiv comes to undo it, that's one sugya. But if she'd be a safek, then it wouldn't apply. Or idilma it's about her ne'emanus. Even on a safek, we still have to ask her. She's ne'emanah. I mean, still have to go to mikvah. You know who speaks about safek? You know, you saw? Maybe the Toras Shlamim will be. Toras Shlamim? What happens if she's a safek nida? What happens? Safek imrasa. He wants to be...

Without asking, because it's ספק. Something maybe she didn't see, and something she went to the mikvah, we could trust her, it's a ספק. Who's going to read the Taharas HaShulchan? Who's going to read it? No? Yeah. לא דמי... לא דמי... אין ספק... ...ראתה, ואין נמצא לומר ראתה, אין מוטב לה. מה שאין כן כאן, דוודאי ראתה, ואין ספק טבילה מוציא מידי ודאי. ...אבל קשה. Okay, okay, but that should be. You know what I want? You know what I want at all? How far back... Okay, I want to ask you, if let's say she's only a nidah because of a safek, not because she's מוחזקת נדה, because you don't know. You just don't know. She is a niddah. No, she has no—she's a safek. Safek l'haקל, no? You left her, you don't know. You come back and you don't know what's going on. So there's no chazkas—when you come, there's a chazkas tamei? No. So could be there's no chazkas tamei, then the sugya is not pshat she's her nemanus against from a chazkas tamei. The shayla is how the sugya begins. Does the sugya begin, is she ne'eman, and do you need her ne'emanus? Do you need her to tell you? Then the taich is, has nothing to do with her undoing a chazakah. Do you need to ask, and do you need to be mevarer, and could you trust her? So if you don't have a safek, why shouldn't you have to ask? He says a var outside. So, chiddush. It might be another lashon, saying a chiddush. But I'm saying, could be if the sugya is like the Bach, that it's about a chazakah, so we're a safek, we didn't even start. It doesn't start. She's not really mukzek. Because she's a safek gerushah, you don't know the story. How can she be safek grushah? It doesn't make a difference. Either if she's muteres or not. That's safek gerushah. You came in and you don't know if she's still... When did I leave her? That's what he said. Then we have a chazakah. That's the chiddush. Same idea, chiddush. It has to be isha shehi bechezkas temeiah. I'm telling you, the way to learn this piece is, is it chazakah. That's one way how to learn this piece. One emes. There's two ways how to learn this piece. That's all I'm trying to tell you. You do the seif, l'or everything I told you in the beginning, things fall into place. Does she have to speak out? So you're telling me, shalomi Rabbanan... I know that's the sugya. Do you have to speak it out, or it's good enough to have a raya? Why would she have to speak it out? Why? What's the special magic wand she has to say the word tahorah? The teretz is status, mukzek. So her dibur is going to be like an eidus. You might see from the chazakah. It's not a question of you knowing. And that's where I come to the shach. Where did you know ...? What if you drove into the mikvah? And that's very good then. What just happened in the swimming pool? What she—what was she? That's why I spoke. I said, if you see her being muchan, see her being meichen herself, to many hold it's good. I'm telling you, what did Tali—she probably went. Where do you think she went? She went to the grocery store in the mikvah. Where'd she go? Also, I'm telling you, ... It's like Haggadahs. She has to be meid that she went. The word, the chiyuv to say tovalti—where would it come from? And the teretz, because she's muchzak b'tmeiah, so she has to undo the chazakah. We're giving her the koach. There's a koach of an eidus. There's an eidus, Haggadas eidus. And that's from the Torah, right? Tell me, do you know where ... issurim is learned from? From here. From here. That's where it's learned from. What? You're going through the sugya, the Tosafos, how can we learn from here, but that's where it's learned from. ... Tosafos speaks. It's chazakas issurim. Tosafos. Okay, what do you want to—

You want to stop learning? Gettin' again, learn. Eight echad ne'eman b'issurim. What's called an eid echad? It's a ne'emanus. An eid echad is a hagadah ... That's the famous ... That she has to speak out. Yes, I mean, I'm saying eidus, pashut. What if she said ...? Good question. It could be that's ... I don't know. It's good shailos. I don't know. These are all very nice shailos. What happens if you did the talking and she said, mm-mm? Or she wrote you a letter? ... I don't know. It's all good questions. Let's go a little further. Ha'isha shehi b'chezkas — that's the key. Osur lo lavo aleha. What about kiddushin? Osur lo lavo aleha, just be. What about ...? How do you know? It says, osur lo lavo aleha. Osur lo lavo aleha. I don't know, I'm asking. ... Maybe ... the Rabbanan. Maybe, is that right? What is the halacha? Ad shetomar lo. ... Because it's tznius of it, that's the norm. Well, there's such a time in life. Is it about him, and he's allowed when he hears from her, or it's she? So, I'm allowed to ask it, no? Isha shehi b'chezkas tameiah, chazakah. Asur loi. Ah, wait a minute. Just say she's still tameiah, no? Talk about her. Why all of a sudden are we jumping to him that he's not allowed? Asur loi, lavoi aleha, ad shetomar loi, tavalti. Now, the pashut pshat is because the chaver always uses him because he's in the driver's. We spoke about this. I don't know, I'm not so convinced, not so convinced. Maybe it's more about his din. We're not discussing chazakah, what chazakah shehi is. We're discussing, לגבי him, his heter. What would be, like I said from the Shach, he feels differently. I feel differently. Tell me, if you feel differently than a nedeh, chumrah, what happens then? I don't know, for some reason I don't feel it. So there is a shavya anafshei chaticha d'isura. Let's say it's not that convinced. I don't feel it, so I don't know, something doesn't feel right. Huh? It's pishut. It's pishut behavior. Let's learn the Chasam Sofer now. Chasam Sofer brings down in Yoreh Deah, siman kuf pei hei, what happens if she says, but she's not clear, something's not right the way she's talking. She changed her mind. She said, I was tired, went, I didn't go, blah, blah, blah. What happened? Meaning she says, you know what? I didn't go. Then all of a sudden, just kidding, I made a mistake, I forgot that. What happened? She makes it silly. The day before, meaning if she comes and she says, for example, she says, I'm supposed to go to mikvah Thursday. You come home Wednesday night, she says, I went to the mikvah, but she said it was supposed to be Thursday. I made a mistake. So if some posek says within that day, we have to be choshesh that maybe she was playing games. Within the time frame, maybe she couldn't control it for one day. Huh? Big sugya. A machlokes holds a big sugya. But this is maybe ... Could we do it in ...?