Hilchos Niddah: Ne’emanus HaIshah, Tamei Ani v’Tahor Ani, and Chazakas Tumah

Transcript

Okay. Din isha, she'amra temei ani, v'achar kach arma tahor ani. Huh? You see, I just did something which you didn't do. Did anybody bother reading the heading of the Gemara? We're ready, we're ready. Tell me, is that how it starts, this siman? No, that's the... Tell me, I don't have a right to ask a question like that? What? Of course. Of course I do, right? But then they would come and say, they would come—you know, the table is, like, moving a lot, something is by itself moving. Now, I heard of, like, carpets in India that move by itself. Okay. You know why I'm saying this? I'll tell you. I don't care how long it takes. I don't care. We're going to learn it again and again until we get it clear. I don't care. You know, you can leave. If nobody likes the way I teach, you can leave. That's all. Find another shiur. I don't care. I'm not interested. I'm going to tell you the truth is for what it is, and that's all. You know, it's not even so clear that this halacha and beis is actually the same halacha. You know that? Not very clear. Take notice attention to what we spoke yesterday. You'll notice that there's two ways to learn Sefekos. One of the ways is isha she'amra and her ne'emanus, and then a matzla. What is a matzla? A matzla means could she backtrack. I'm not like, because she backtracked. Okay? Now, l'chora, ha'isha shehi bechezkas tameiah, ad she'omrah lo, tavalti, is really ne'emanes. It's not, right? It's not a case of tameiah and then she says tahorah. Tamei and tahor is something completely different. Now I'll explain to you what I mean. Listen here. What? Yeah, no. Doesn't make a difference between with a maskana. Okay, so you obviously did very well preparation. I don't know exactly what you mean, but it's pashut when you read it. A maskana is a whole different... a maskana is a whole different... Let me explain to you again what I mean. First of all, I started off by telling you there's actually two Gemaras, right? That's how we started yesterday, that there's two Gemaras. Rafi, would you like to tell us what the two Gemaras that this is based on? Which is? That a woman has ne'emones. Okay. Which is? Tahorah. So, Yoinis, what do you say? What are the two things that is learned over here? The first thing is learned is that she's ne'eman, and the second thing is that what? That she has to say. Now, the truth is both of these things are in the same. Are they connected? Is there a connection between having to say and her ne'emones, or two different sugyas? In other words, in other words. Is her neemanus such that she has to say, or, because she's bechezkas something, undo the bechezkas something, she'll have to come and say, No, I'm not. If you remembered what we spoke yesterday, and you comprehended what we spoke yesterday, this is exactly what we spoke. This is the sikum of everything we said yesterday. I would like to see that it's possible that סעיף א' is under the heading of Isha she'amra temei'ani, v'achar kach amra tahorani, which is hi shehi bechezkas tamei, as as if she said, Temei'ani, and achar kach amra tahorani is the amasla to say the hafach. Not many people learn that way. Really, really, not many people learn that way. You know, by the way, the Chut Shani, I think—you saw it or you saw it—Rabbi Moshe Karelitz. Huh? Where is he? He had to go? No. Issue. Okay.

Do you have Chiddushim here? You don't know what he brought? You know, he wants to say that beis and aleph is two different things. It's two different sugyas. Beis and aleph is two different sugyas. We'll see. I don't know. I don't know. To me, I read and I see that he learns that ishah shehi bechezkas tameiah, it's one seif. Yes and no. It's the yes and no of nidah. Let's go a little further, all right? Let's go a little further. I want to know. Okay, now listen here. Listen here. What is her ne'emanus based on? Let's find out what it's all about. I quote you a Tosafos yesterday in Gittin, okay? Tosafos says, Eid echad ne'eman b'issurim. Finished. Eid echad ne'eman b'issurim, Tosafos says, yada aganza ma'isa. He learns klalim, all the klalim of eid echad ne'eman b'issurim. The Rashba in Chulin daf yud disagrees. Oh, you—I'm sorry. You know, you come sit here. It's on this side. The Rashba usually—sorry—usually he says, the Rashba in Chulin daf yud says, No, I don't want to learn from there. We learn eid echad ne'eman b'issur from somewhere else. Ah, why do you need the, then? So why do you need a special pasuk of ... by nida? Nida is different because it's a chazakas issura. You can't compare it to regular eid echad ne'eman b'issur. Mainly you have a special pasuk. You know such a Rashba? Would you like to see it inside? See it inside. I think you'll have a lach if you pay close attention. Where do we know eid echad? Tosafos says clearly, learned out from the pasuk from here. Tosafos—why do you need a special pasuk? The answer is this: ... b'yadah. And we learn out from here that whenever there's a b'yadah, an eid echad is ne'eman b'issur. Says the Rashba, No, no, no, no. It's not learned out from here. So then why taka there's a special pasuk for chulin, Chulin daf yud? You're looking in nida. You're supposed to look in Chulin. Chulin. Yeah, no. Says the Rashba, No, no, no. Special pasuk, because the truth is technically she shouldn't be ne'eman. This that she's ne'eman is a special din b'safek. So why do you need a special din of a safek? Why? Yeah. Here it is. Hasam taima achrina ika, mishum d'ischazek issura, v'ein b'yado l'saken ad shetispasher v'nikayem, v'lav krovah v'safek lo loi mehemna. Therefore you need a special... No, you have it at the top over there. Read it. D'ischazek issura. I Tosfos says, yeah, but it's b'yado? The Rashba says it's not b'yado either. Not true. Top line. No. Second paragraph over there. Top line. Second page.

It's not about eid echad ne'eman b'issurim cannot be learned. What? Our two stadim. There's two צדדים. Eid echad ne'eman b'issurim, or this is not about eid echad ne'eman b'issurim, because for our case it's chazakah issura. Oh, but wait a minute, Tosafos takes care of chazakah issura; it's b'yadah. This is not b'yadah either, because ein b'yadah — she can't fix the shivah nekiyim, she can't do it. What she can, she can make herself shivah nekiyim. Tosafos held it was b'yadah; the Rashba holds it's not b'yadah, and therefore why is she ne'eman? Pashut. That's what it says in the pasuk. Oh, so wait a minute. It comes out that Tosafos learns it's eid echad ne'eman b'issurim; the Rashba holds it's not. You want to be a real lamdan? I'll tell you more. There's a whole shaila, bichlal, is it issurim or ervah? What is nidah? Good. I showed them in the morning, there's ten — I said ten, I exaggerated — a bunch of pages. ... beautiful, beautiful, classic ... is it arayos or is it issurim? Maybe the Rashba held that it's what? Arayos, not issurim. It's ervah. Davar sheb'ervah, and be'etzem you should need what? Shnei eidim. But this is not about eidim. This is about a ne'emanus, the Torah believes her. ... on d'oraisa. I mean, you could say it's on the ... issurim also. Maybe it's still issurim and you need gezeiras hakasuv, but we can go one step further. As long as it's issurim, finished. Technically, this is not an ... and that's what I told Yesh. Yesterday I explained to you that either we can learn it's about issurim, this ne'emanus and edus, or it could be what? Stam gezeiras hakasuv that she's ne'eman. Yesterday we discussed that the ames, the Beis Yosef brings out, that the Gemara says she says tahorah, while the Tur fixes it and says that she says what? Tavalti. So I asked you, what could be the chiluk? Why is it that the Gemara says tahorah and the Shulchan Aruch, the Tur says tavalti? I explained to you, it's obvious, obvious, that tahorah is the status and tavalti is the maaseh. But what could be the chiluk? Why is the chiluk? Why can't she just say tahorah? Why does she have to say tavalti? Could be. And I said this yesterday, this was the end, so let's go now and fix everything. If her ne'emonus, if her ne'emonus is about her status, is it shayach to eid? Let me ask you a different question. Let me ask you a different question. Let's say kashrus. What is kashrus? When you come and say something is kosher, do you have to come and say, I went to the store and I went and I cooked it and I... or that ne'emonus is on the status? Eid echad ne'eman b'issurin. A person says eidus on issurin. What does he say? I just want to know how that works. No. You just say kasher. You don't say a whole story. We do? I'm asking. No, you don't. You don't have to. Eidech nemutar, meid. I went and I saw. Nowadays you do that. I'm talking about halacha of eidech nemutar. What does the eid say, kosher or not kosher? He doesn't come tell you the details. Does he have to be meid on the details? No. When you come home and you trust your wife on cooking, does she have to tell you the story? No, she doesn't have to tell you the story. That's ta'us, right? You come home and she just eats. You don't question. So you just come and say what it is. Do you bichlal by eidech nemutar have to say anything? Or you could just eat on the sheiseket, on the fact that she's serving it to you, or on the fact that she lets you eat it? I never heard a wife have to say, By the way, it's kosher. I hope some of you get kosher. And this would be...

Maybe she did the cooking. Maybe it's batel b'chalav. You're trusting her on batel b'chalav? I don't understand. She might have... I told you, I ever told you the story? I'll tell you a beautiful story, my father. My mother is from Israel. My mother... She's from Israel. When my father married her, she must be one word to me. She went to the store, and she saw... married a chiddush, something they didn't have in Eretz Yisrael, and that is pre-made soup. In Eretz Yisrael in those days, pre-in a can that you had to open it up, heat it up. You have the stock, the salim and the potatoes, the whole avodah, right? She was all excited, she bought it. My father took a bite. I heard this story so many times from my mother. She told me how insulted she got. My father took a bite. Can imagine her saying it already. And he goes, Very interesting tasting soup. What is it? So she goes, Ah, you don't know. I didn't make it. I got it straight from the can, from my father, from the can, because now don't forget, now when we can get anything, even kosher food can be in a can. Those days, you know what soups were in a can. What do they call the name? Campbell. Campbell. Campbell. That was in the soup. He goes, You got it from a can? Can I see the can? My father, fix it up. It was a ham soup. My mother told me, she said it all the time. The shock and the pachad that my father had, he opened the window and he took the soup and threw it right out the window. And we lived on the second floor, from the second floor. His reaction was one of—he lost control. He couldn't believe this thing happened. Tell me, you have to ask your wife, what's in the soup? He just... kashes, kashes. What? What are you saying? Yesterday Rabbi asked him for water. He gave me soap water. Who gave you soap water? That was on purpose. That was on purpose. I'm done. Bottom line, my shaila to you is, you hear? My shaila to you is: hernemanus, is hernemanus an eidus? Like kashrus? Well, the reason why he had to ask was because she didn't know enough. Only because a person might not know enough. But if a person knows enough, you don't even have to ask the details. It's not a hagadahs eidus. It's not a din hagadahs eidus. It's a din birur eidus. Hagadahs is that you have to come say. It's a din birur eidus by an eid echad. By an eid echad, ne'eman b'issurim is a din birur eidus. It's not a din hagadahs, say. What happens if you hold you have to say taval. It's not enough just to say tahor. Is this the reason why eid echad ne'eman? Because he's not being—he's not telling you a ne'eman? No, that's a separate concept. Eid echad ne'eman b'issurim is a gezeiras hakasuv, why it works. But that's not our business. The question is, what is the eid echad? The answer is, eid echad is that it's okay. And eid echad is that he's putting his stamp of kashrus on something. You know what I'm going to do now? I'll tell you what I'm going to do. I know that some of you are thinking, again, we're on this again, he's going through lomdus again, he's bothering with lomdus. You know what? Let's read the Aruch HaShulchan. The Aruch HaShulchan asks a kasha. Let's read the—don't tell me we don't have it again, because then I'm going to start getting—again we don't have the Aruch HaShulchan? I can't, I can't do it. I have no koach. You said about— You said about the— that means that she says— Yeah, Rabbi. She did that. This is the siman from here, the halacha, the dibur before she says—

Okay. Who wants to read it? Okay, Yonason, read hey. Go ahead. Read hey, but read it clearly. Read hey, yeah. ... Go ahead, yeah. The lama. The lama. The lama. ... What's wrong with shtika? You know what he's asking? In every eid echad, that would be issurim. You don't have to talk or say. As long as she's quiet, it's little good enough. Yeah? No! Not even. ... You got to say it, right? Eid echad confirms by not saying anything, by giving it to you, by letting it happen. That's what I'm telling you. You know what he's asking? If you come into your house, you don't have to ask your wife. The fact that you're eating it and she's there, I mean, that's the Rav Hamachshir. That's it. Go ahead. Okay. Here, when you walk into a store and there's a Rav Hamachshir standing there, you got to go up to him, By the way, is this kosher? He's standing there and he's letting you eat it. That's saying constant eidus that it's kosher. Go ahead, yeah. Go ahead. ... Oh, the same thing we find by shechita. The shochet doesn't have to come and say, By the way, he shechted, and you know it's kosher. That's all. He's telling you it's eaten. ... Ne'eman. ... Yeah, go ahead. No, no, no. ... You know why that's ...? Eid echad ne'eman b'issurim is... Yeah, but I should tell you. Go ahead. אם כן, גם כאן, לומר כן, שילה הייתה עדיין טמאה, הייתה מגדת לו, ובאמת אין דמיון זה לזה. אין דמיון זה לזה. דהא טעם, הא עושה מעשה להדיא, להוציאה בהמה מחזקת איסור ששחטה, אלא שחוששים שמא היה איזה קלקול במעשהו, ולכן סומכים על שחיטתו. אבל הכא, הרי ניחא בחזקת טמאה, ואיך אפשר להוציא מחזקה זו בלא שום דיבור או בלא שום מעשה מצידה? וכל ענייני החזקות כן הוא, שצריך איזה מעשה להוציא מחזקת איסור. Now, if you listened to what I said yesterday, that's exactly what I was screaming yesterday, but I was looking like I was just talking yesterday. I stood and watched ten retarded people looking yesterday, like I don't know what I was talking about. That's exactly what I told you yesterday. When there's a chazakah, to be motzi from it, there's a sugya of having to be motzi from a chazakah. דין אישה שאמרו טמאה אני, ואחר כך אמרו טהורה אני. That's the yesod of this seif. You got to undo. Make copies of this. This is the seif. That's why the Mechaber starts off that there's a yes and a no. When there's a yes and a no, it's an entire different sugya. What? I didn't say this yesterday? No, but maybe we'll take more time. What should I do? I can't. I don't want to rush. You know what? You're not going to know anything if I rush. What do you want me to tell you? If you don't know what I said yesterday, you don't know. This is not wasting. Blah blah. You want to know yes or no, you have to ask, and you don't have to. Okay, good. So that's the type of halacha you want to learn. Don't take out the English book. What do you want me to tell you? Huh? That's the shaylah. If it's a din eidus, eidus does not need that you should say anything. Something else. It's to undo the status quo. This is how I told you yesterday. Yafeh, of course, yafeh, it's the truth. This is the truth, and this is what I told you yesterday, just it's not my fault. I can't help you if I'm chayav. What am I supposed to do? Why should I lie to you and tell you it's not true? What should I do? It's exactly what I told you yesterday. Is this an eidus-type sugya, or it's to be motzi a chazakah? You remember me telling you this yesterday? It's a whole different sugya. There's two ways to learn this. As long as he's quiet, should be good enough. The chazakah says it. You feel clearly he speaks. The chazakah is not... it's there. It's all there in the Chavos Daas. Okay, now you'll look it up. It's there, it's there. Okay, now. Therefore, I think there's a whole different sugya. The word saying, tavalti. What do you have to say, tavalti?

You're saying ... What did you just say? That's ... actually speaking. He's saying ... It's not enough to just say, it's not enough to say that I'm tahorah. You have to explain why I'm not tamei, and the answer is tevilah. How do you get to tahorah? She has to say, that's different, because it's a din of a matzav when she has to say. It explains that the tahorah has to mean that I went to the mikvah. I went to the mikvah. Did you say it? Did you say it? That's it. There has to be an explanation why I'm not tamei. It's not an eidus I'm tahorah. Tahorah is good enough. A person comes, yeah, I'm tahorah. That's a din of eid echad ne'eman b'issurin. Not if you left her b'chezkas tameiah. No, that's not what I'm saying. That's not what I'm saying. The Beis Yosef is explaining that when she says tahorah, it has to mean tahorah with the explanation why she's tahorah, because it's a matzav to a chazakah. Start again. Can I ask you a question? You think I'm saying that, or the Beis Yosef is saying that, or the Tur is saying that? Context. If I would say it, you're right, but I didn't say it. I didn't say it. Did I say that? The Gemara says tahorah, so the Beis Yosef explains tahorah means tevalti. So I'm asking why. And the answer is, tahorah is good enough. I want to say an eidus, kosher is good enough, and I don't even have to say anything. And that's why I don't even have to say anything. This is the chazakah daas if it's good enough. Shecheves etzloi. Why do I have to say it? And the answer is because it's not about siman, that like shtika, it's probably good. That's not what this is about. This is about the way you said, a matla. You have to explain what happened. Because there's a chazakah against it. It's hischazek issura. He learned this regularly, echadan b'isurim the whole sugya. That's exactly what I'm trying to tell you yesterday. I learned this yesterday. If it's eid echad ne'eman b'isurim, then there's no reason to explain anything. Why can't you say that by laying down it's like as if I'm saying I went to the mikveh? Why can't you say that he's learning that by laying down he's not going? Because you need to explain. So that may be called explanation. Explain what happened. No, it's not. To explain is just saying I'm tahor, it's not enough. Again, it has to be a type of... that tells you that I went to the mikveh. What? Where? As long as it's tahor, hello, I'm here. No, he says... Only the tahor that means that went to the mikveh. ... Why does it say? ... Because you have to say. Maybe you have to say. You have to say. ... you have to say. ... Can I just fix what you're saying because it's drush what you're saying? Let me fix. If I fix it. Let me fix what you're saying. ... Tamei explains what happened. As long as you're saying something that means you went to the mikvah. It's like a factual thing. Rebbe, halachah l'maaseh, if you're saying something that means you went to the mikvah, is it good enough? But you're not saying the word tevalah. You're saying tahor, but it means that. That's a good question. I explained to you that if you have a remez that the remez is that I went to the mikvah, then it's good. But if I have a remez that I'm tahor, then it's not good. Maybe. Let's say they have a key word, tahorah, meaning there's simanim between them when she's clean and not clean.

That's not good enough. Why would we not say that? Because it's very possible it's not enough to come and explain about the player, because then it's chazakah and v'omer tahor ani. It's more than that. There needs a hezber why, and the answer is Tavalti. If you have a remez for Tavalti, it's good enough. That's a... paskim hold not like that. The Chashukim goes even further. That's what I'm trying to tell you. The Chashukim wants, as long as you don't do that chakis, it's also good enough, because he has matmia on the whole halacha. But the difference is she's telling you, she's teaching you. What's the difference? She's telling you she's tahor. Because by him it's a kashya. It's a whole different... I'm telling you, Klara, I'm no safek. If you read the information, read it, you'll pick up that there are some people who come into this... It's a bad... What does she believe? When does she believe? How does she believe? And some people are coming with a matzlah, and the chavos daas brings all the klalim of when an eid echad. You know that the Chavos Daas over here proves all the halachos of eid echad ne'eman b'issurim when you have a matzlah, you hear? And when it's a matzlah works and when it doesn't work, it's all from this. No. It's a moiridike mechanics here. Now you're getting better to what I'm saying. It's becoming clear? Are you maskim? But you hear what I'm saying. So in other words, Rav Shach, whatever I said yesterday means it just went right over your head. That's what you're telling me. No, it's not that you didn't like it or didn't understand. I mean, just... okay. So now I just want to tell you that this was just the first five minutes yesterday's shiur, so we have a lot to do. And I added another shiur, so we have to really get to work. Let's go. Come. You ready? Let's move on. Okay, so we spoke about the remez. She prepares herself. I never said that. Tavalti is just why I'm tahor. I don't have to say tahor, but why am I tahor? I just—because I'm asking. A maskana means I was telling me, so why am I tahor? What happened? Obviously it's not because you ate some steak. Obviously you went to the mikveh to become tahor. No, because there's no chazkas tamei of the other way. But I'm trying to explain to you, when she serves as eid echad ne'eman b'issurim— No, so that's by the beheimah also. By the beheimah also there's a chazakah that it's not kosher. It isn't in front of you, the shechitah. The only thing is maybe there was a kill. I did not come home from work, I don't know, I had ... Yes, sir. What you're using in her thing is only the ne'emanus that it's kosher, that's all. I don't know there was ... But the point is, when she serves it to you, she's serving you kosher. Here, the pshat is what you're getting in front of you is a chazkas issur that has to be undone. You're not getting the chazakah. Let's say the example would be treif. It would be treif. If, let's say, you saw ... that's the Chavos Daas. It's mamash the Chavos Daas talks about. Let's say you have a case where it's ... chadichah d'issura, and then all of a sudden you want to come and say, No, I made a mistake, it's really kosher. It's not enough. You should just eat it; she'll explain to you what happened. Here you're talking about that you were confronted with a chazkas issur. Now the question is, how does, for you, the chazkas issur go away? And the answer is, it's with a chazkas taharah that she has in a mamash. Explain why. It's so pashut. I'll tell you why. You want to know why I'm doing this? I'll tell you why. You know, asu lo lavoy aleha, right? Tell me, what about Shaar Kreidos? So everybody goes to the Rama. The Rama talks about Shaar Kreidos, right? Yeah. ... Okay. Oh, I know not this. I was wondering something about it. Could you, could you, which Rama? He quotes the Rama. Yeah, where's the Rama? Yeah. Yeah, no, I thought it was סעיף ג. Go ahead. The Rama by asu lo lavoy aleha, it doesn't mean mamash asu; it means even...

Where? Amar? Ah, where? Okay, so let's go there, yeah? Oh, you don't have. Okay. You have the Badei HaShulchan. He quotes the Badei HaShulchan. You have it? Also, he quotes, yeah? Second Shulchan. What? ... Let's go ahead. You see, if we touch, right? So you have to go, so that's what it means. Asur l'havi ... means even negiah. Where does he quote? Where does he—Kuf Peh, he also brings it. Where does he quote it from? Asur l'havi ... yeah. ... Which is this, same thing, right? Okay. Don't you think it's strange that all of the way to Kuf Tzadik Beis, you don't find anything over here? כאילו the Rama mechadesh something. What is the Rama being mechadesh here? Don't you, if you would read this, you would say, ... that makes that, that fits into ...? Tell me, this kallah has a chazkas issur? I just want to know what the story is. Does she have a chazkas issur? Yeah, no? Huh? I don't know. Does she have a chazkas issur? Yeah, she was not; she wasn't. She was always ... now. Yeah. So does he have to ask if she kept shivah nekiyim? What's the lashon she went to the mikveh? What does he have to ask her? What about asking if she went to the mikveh? Yeah. She's sure. How do you know? I thought you're telling me that an amanos, you always have to ask, tovalti, no? Is this true that you have to say tovalti? So then you should be — you should ask her if tovalti, no? I think the Bach says that if she's ne'emanet on the shivah nekiyim, for sure we trust her on tovalti. What about — what's the sh'eilah? ... I don't know. Something's not right here. Something doesn't — something's not right. It says, ... and then you're telling me ... k'ruv tzaddik ... you're supposed to ask her before you touch her, before you touch her. And the case over there is not even asking her if she went to the mikveh. You shouldn't touch her. Maybe you know she went to the mikveh, but your cheshboning count, it was wrong. Yes, I'm saying, so you mean this is after that. I'm not sure what's going on over here. Something about that. That's what I'm trying to say. Something doesn't flop over. It doesn't bother you? No, you bring down a part of ... as ... Oh, so you see? So you know what? If the Am Mishayim says it, then it's good. If I say it's not that good, I guess it's not that good. Okay, what does he ask over there? You know what it is? One day you'll come to appreciate. That's the bottom line. I have to wait for that day to come. When I talk, it's the shulchan flying it through. There's things flying over here. I listen and I go, I don't want you talking. I asked you this yesterday. It's ... The answer is yiga. You're sending me to ... kuf tzadik, and you're just—what are you talking about? That's kuf tzadik, I wouldn't know this. And then all of a sudden the case over there is a case where you're attacking not asking if she's tahorah. I like it. I like it. I like it. I like what I'm saying. What's the text? You know what? Instead of me saying the text, you say the text. Rafi, you say the text. You had a question? Could you wake him up? You know what? Give him soap instead of—

Instead of you drinking, maybe he'll drink the soda, feel better. He drank it. He says... So what's his... I got a beautiful teretz. What's his teretz? I should say? You know what? Close the book and tell me what you think I'm going to say after what we just learned. Yeah, what do you think I'm going to say? Come on, you know it. The whole different sugya. I think we're two different sugyas. Here's the nidon is she's a tameiah. Now she has to explain an ones, an ones. Zayin nekiyim is not about an ones. Zayin nekiyim is an amanes, because you trust her, she knows what she's doing. So ask her, chosh she might not know. And that's all you have to ask her, because maybe she just doesn't know that. That's all what zayin is for. Zayin is for, since the first time, maybe she doesn't know about halachos. Like every kashrus, your wife tells you it's kosher, you better find out if the soup doesn't have ham in it, right? Masheinkein here is something over here is tahorah, a maslul. Give the amaslul teretz. That's the pashut, pashut, the emes, the pashut real teretz. Okay, what does the Pardes Rimonim say? He goes on and he says that what? I don't like it. I don't... I don't... I don't... Repeat, repeat, repeat again. I don't know, it's too much. I know what he's saying. It's not... I'm saying very pashut. This is not about zayin nekiyim. This is not about zayin nekiyim. It's l'hoitzi. Now you're tahor. How did you become tahor? Then it's a valti. So I know he's going to come and say, because I made the ... but it's just a long, it's a complicated text. All right, you want to say it? Read it in. I know what it is. Maybe, but there's a chazakah also, no? She was tamei. Next. I don't understand. Over here we want to know, you were tamei, how did you become tahor? That's all. I'm not interested in the ... But over there she was tamei the whole time. But that's not the shaylah. Of course you have to ask. It's a different sugya. Over there the shaylah is, before you come and trust a woman on a shidduch, make sure she knows the halachos that you're trusting her ... That's a whole different ... The type before has nothing to do with this. It's a different sugya. This is, ha'isha she'amrah, Temei'ani v'achar kach amrah tehorah. That's what this sugya is about. This is not about that. This is about, she comes to you, she's being with you, make sure she's serving you soup, make sure she understands the Campbell soup can't have ham in it. That's all. That's what that is about. Okay, now ... because she's a kallah. No, there's no obvious. You got to make sure, that's what she's trying to say. And then he makes a cheshbon, because there's a ... that might not work, and therefore she has to know ... a special case. Bottom line is, make sure it's the first time she knows this halacha. Go ahead. She doesn't have to come and say whatever happened. Okay, so let me just tell you, if any woman tells you that, she has to have tremendous ... I don't know what you're talking about. She has nothing to tell you. I mean, I'll talk for you. She saw someone, she now says ... I saw ... She didn't say the name. I saw her. A woman was in a mikveh, she saw, she did this and that, and who ... She did like this and like that, you know. She doesn't know who the woman is. Right. What is she saying? I mean, she's saying there was a woman who did so and so. She made it up. She might have made it up. Oh, so you have to say, I went to be... No, in a matzah, in a matzah to be matbil. Because also, that's clear that she went to the mikveh. But the whole thing, a matlah is to say that I went to the mikveh and went inside and I was kosher, you know? Kosher. Tavalti mishonai, tavalti. Maybe she went to the mikveh and tavlah את הכלים... Oh, so he... I know in Eretz Yisrael that's a big story. Rav Nissim Karelitz once... could be it's in the sefer even. Oh, you saw it. You do have the sefer. Where is it? Okay. Give from the library. He discusses, what happens if she went, if she drove to the mikveh and she came out. I mean, the truth, I spoke about it yesterday. You have to say taval, because it is. Amasla, that's where they're arguing in. In a matzah, you have to do something. You don't know how. If I could explain you the broad Shulchan Aruch, it's so true.

Oh, I want to talk about that. I want to talk about that. Like, today we're on ... You mind if we talk? She doesn't say that, no. Maybe it's stupid to say, say it. What's wrong with your hands? Tell me what's wrong with your hands. No, okay. Today she doesn't say that, no. Okay, why don't you talk? They should. Okay. Why not? Okay, now. Yesterday, are you with me? ... What's ...? No, no, no. What's ...? Okay, let me explain. You know what a maslu works? No, because you just don't know a masl. A maslu works that when a woman would say, I'm temeiah, she can't say, Well, I'm ne'eman to say I'm tahor because I'm ne'eman to say I'm tahor. It doesn't work that way. You need a masl. Someone is saying Hilchos Edus, I think the Chavas Daas over here, or the Chavas Daas learns all the halachos from here. In Beis Din, a person is not ne'eman to say ... chutz l'Beis Din. It's a different sugya, but still you need a masl. Many hold that you still, from here is a raya that even chutz l'Beis Din you need a masl. It has nothing to do with ... It's a special halacha that my new edus has to be an explaining what happened to my old edus. My new edus has to interpret why I said the first, and the answer is why? Because you're saying a chiddush over here. Isha shehi b'chezkas temeiah. As far as you're concerned, she's b'chezkas. She's just like a lady that says, I'm temeiah. She's just like a lady that says, I'm temeiah. So to take away the chazakah, her ne'emonus is only with an explanation what happened to that chazakah. It's not my ... Yeah, I know, but that's what it says here. Din isha she'amrat temei ani. According to the Ramban, it says, ella shetemei ani, and then she comes and lays down like that. That's enough. That's not the ... That's the question of ... That's something ... that's something ... Ah. According to the Ramban, right? The white is any word. So he paskens, explains, if I'm not mistaken, the Kutcher explains, because there it's only an amas, and therefore the halachos from there are not negea to here. That's what he wants to say. He wants to say that a maslah is less. He wants to say that the dinim over there is only an amas. That's how he learns. Amas is less. So masha'en kein, where you takah need to say clearly what it is, then it would be that you have to speak giluy milsa. And he wants to mechalek that giluy milsa also, it all depends if you already did the ma'aseh kashrus, like you said, and therefore you want to explain what's going on. Therefore what? In our case. In other words, either you learn that a maslah, and therefore you have to know what an amaslah is, or you learn that a maslah is less, and shecheves would be good even for an amaslah. And here it's different, because here the pshat is that you takah have to say. You have to say that I'm takah ... Why would you say any words? Shemamah said it. Yeah, because all she has to do is break the temei ani. So now over here what? Over here you have to come and say ... No, not a chazakah. Huh? Who? Let me tell you what I'm going to do. I know what I'm saying. I'm going to lose everybody in two seconds, because what I'm doing is I'm playing both sides of the fence. Even in eidus, that even that could be less, because the ... might be less. I'm playing two sides of the fence. If you knew the literature, you'd realize there is two sides to that fence also. There's two sides, and I think it's too much. In other words, what I'm doing, I'm really going further and further, and we're just going to get lost from the halachah. I want to go back to halachah. I gave you enough of an understanding of what's going on around here, okay? Let's move along. ... That's l'choira good enough. That's what this ... Huh? Yeah. ... Okay, now, ready? Let's move along. I brought you yesterday a Torahs Hashlam. Very interesting Torahs Hashlam. Who wants to read it? ... Ad shetomar lo taval, v'lo dami l'dilma ... kuf pei daled, se'if yud aleph, tzarich lishol oso. Mishum d'hasam hava safek sfeka, safek ... v'safek eino taval.

שאין כאן דוודאי רוסא. We put in a condition. ואין ספק תפילה מוציא מידי ודאי. Okay? כן הוא בשאר פירקא על יד. אבל קשה. Why? Because in all sfeikos, we don't say that if efshar levarer, so go be mevarer. I wanted to say pshat. He's saying a very... Hechidiki, since you can fix it, go fix. I'm saying, I'm ... to convert. I don't say I'm ... to convert. Understand that the yesod of the siman starts that she's bchezkas temeiah. If you learn that it's about her saying or not saying, so again, why don't you just ask her? You're right. But if the whole seif begins only because she's a cheskas temeiah, that's what the seif starts with. She's bchezkas temeiah, and mimeila you come and you want to undo, and therefore there's a ... called a matzla. But if she's never cheskas temeiah because it's a safek, so what's there to talk about? Yeah, but the whole din of mevarerin is even when there's a safek. Not only when there's a chazakah. Whenever you have a safek, safek is asur. Halachah of safek asur, safek sfeika is mutar, heicha de'efshar levarer, safek sfeika becomes asur also. But this is not about safek. It never began with safek. It's about a chazakah, and how do you undo a chazakah? The question is over here. The question is over here. How come you don't have to ask? He says, V'lo dami l'de'il, d'ein tzarich lishol. מה שאין כן over here, you have to ask. Mishum d'hav, because over there, mishum d'hasam have a sfek sfeika. Sofek im rasa, v'im timtzi lomar rasa, eima tava, mashenkein kan d'vadai rasa. What is he just—what does he mean here, mashenkein kan d'vadai rasa? He's trying to say it's a chazkas tamei. It's a different sugya. למה לא אומר טמאה? Mashenkein kan d'vadai rasa, v'ein safek tefilah, safek tefilah. The safek is not—no, but sof, in every place there is a chazkas me'ah, we're not assuming that. It's about safek me'ah. It's about chazakah. It's a different sugya. It's not a safek sfeika. This sugya is about safek and vadai. It's not about trusting her and efshar livrurei. You have to read it again. Read it. He's over there. He's a person over there. Why over there don't we say heicha d'efshar l'arurei? Why are we somech on the chazakah? Which means, the sevara that we're saying—what is the sevara that we're saying? The sevara that we're saying is that over there it's a safek, right? Mashenkein over here, it's not about sfek sfeik. She's saying that that doesn't make sense, that over there too you should ask. So I'm explaining to you, the asking is based on a different sugya. The asking over here has nothing to do with sfeik. The asking over here is because she is b'chezkas tamei. It's not to be mevarer the safek. How about a sofek? It's about how do you take away from... What's wrong? What's wrong? It's not the... Could you repeat what we just said? You could read it and repeat what was said. And therefore over there you don't have to ask. He said, but that doesn't make sense, because you still would have to ask. Because al sfeik sfeika you still have to ask. Go ahead, yeah. Yeah, go ahead, Nu. Oh, you take a big chiddush, where there's a chazkas taharah, and then there's a sfeik sfeika, so he's playing the sfeik sfeika. You don't need to be mevarer. This is the whole... This is Shev Shmaitsa bit. This is all... how much, more or less, chazkas taharah... It says you don't need to be mevarer. Then you... I'm telling you pashut pshat. Understand the sugya over here is that when it's vadai...

Then, ein safek motzi midei vadai in hilchos chazakah. It's not about safek; it's about chazakah. You need to learn that the klalim aren't safek. When there is safek, it's safek, you have to mevarer. That's not why you have to mevarer. The din birur here is not min hilchos safek. The din birur over here is because she's bchezkas temeiah. And therefore the din to ask is—you can't have a safek to undo the chazakah here. You need another vadai. You need another... Safek sfeika works where you're mesupak on safek. Mashenkein, she's in a chazakah, so to take away a chazakah, it has to be to break the chazakah. We'll give her chazakah because she was left; she was bchezkas temeiah. We'll give her—she was bchezkas temeiah. Okay, let's move on to the next thing. To the next. Okay. The Rama, hagah. Let's do the Rama. I don't know. Now, let's go. You ready? Who's reading the Rama? Who's reading the Rama? Go ahead. What? I have the Rama on the following. Tell me what the problem—let's start from scratch. What is the problem? Repeating the Shulchan Aruch, he's saying, varak pshutim, it's nothing, he's not saying anything. Comes along the Taz and he explains, no, he's saying something. What's he saying? Even when normally you know she has a certain amount of days to count, this time it's a little less. Therefore, this is, it's possible to happen. It's possible to happen, so even earlier. Even earlier. Therefore, we could come and say, all right, it happened, okay? So which means when you went in doubt. So how does he learn the halacha? She's believed even in doubt. That's where the chiddush is: believed even in doubt. So I told you yesterday maybe that's afilu ro'eh because דם מלוכלך, it's another doubt. Maybe that's what he means. Okay, when in doubt. Maybe the Taz is saying the same thing. No, I hold it's saying completely different thing. No, he's not. Doubt. No, he's not. He's saying the opposite. He's saying the mechaber is trying to teach me, the Rema is trying to teach me, when he knows for sure not that way. He's not. The Taz is coming from an angle. You could say, Maran machmir, Maran lo. If you come and say the Taz is trying to say that the Rema is telling me a chiddush, when in doubt believe. And the Shach is saying a chiddush that when you know for sure, don't believe. So it could be Maran machmir; they both agree to the same thing, right? But when you know for sure, so it could be that's the chiddush of the Rema, which means they both could be agreeing. The Taz is saying the same thing. The Taz is saying you believe her, you believe her only on a safek, and the Shach is saying, and you don't believe her when you're vadai. So it could be the same thing. The Taz says when you know that she's supposed to go tomorrow, you have a chazakah, not supposed to go today, more than. Whatever, so this is safek. That's called a safek. The Taz is talking about a safek. That's sofek. You have a sofek, and peirush is, you don't know for sure. Can we not say what you heard first? Let's see what it says. First let's see what it says, okay? I know there's so much here to say. You know, I'm holding back my tongue. I really want to say so much, and I don't want to confuse you, okay? So, in essence, in essence, you know the truth is maybe we should start shiur at ten o'clock. No, no, no, on, and we should just go through it. That's why you can't find that. Let me tell you, I wouldn't mind seeing you till you get it. There's an urge in a teacher to teach till it's finished, till it's done. Till it's done. Till you get it done. Till you... You know, the truth, maybe it's hard. You just started. Maybe you need to do it for years till you get it. Things which are so poshut to me, maybe you're not catching. So tell me, the Taz is saying what?

Okay. Taz. The Taz is telling me that the chiddush l'Rama is safek. The Shach is telling me that the chiddush l'Rama is vadai. Believe her on a safek is the Taz; don't believe her on a vadai is the Shach. So you could come and say, ... maybe they're both. Maybe they understood the Rama in completely different terms, and therefore one says the ikar chiddush is the safek, and he holds the ikar chiddush is the vadai. No, I understand. The nekudah of it is that on a vadai you can't believe. Where did they get it from? I don't know. I don't know if he says that's the chiddush. I'm saying you could say that they're both saying the same thing. We come and say that there's two different things, which means what would be in the Taz where you know for sure? The Taz says believe her even on a safek. The Taz says believe her even on a safek. Maybe according to the Shach that's not a chiddush. The chiddush is that you can't believe her on a vadai, but of course you could believe her on a safek. Which I don't understand. Where do you get it from? How do you see it in the Rama? I'm telling you. How do you see it in the Rama? We could say that the ikar, the final chiddush is believe her on a safek, and according to the Shach could be the ikar chiddush is not to believe her on a vadai. According to the Taz, the reason for the Rama... Could be only to teach me not to believe on עצמו. You would think not to believe on עצמו, believe on עצמו. And according to the Shach, maybe the ikar chiddush is not to believe on oneself. That's why the Ramban had to talk. But it's only a case of safek. According to the Shach, maybe, maybe. What's the difference? Okay, that's why I... Oh, they gave me my papers. My papers, my papers. I lifted the papers. Okay, okay, let it dry. It'll dry. Let it dry by itself. Okay, now. I'll tell you how I understand. If your ikar... now, money is an eidus d'halachah. I thought it's b'makom safek. I mean, what else? You need eidus where you know; it's eidus where you don't know, right? So I know you're saying karov, levadai maybe. That's one way how to read the Taz. One way how to read the Taz is, well, it's so not peshat, it doesn't make sense, and therefore, you see, he used the lashon efshar, it's more. ... You could come and say, like, it ain't echad, not sure, doesn't sound right. Normally that's what an eid echad is for, when you're not 100% sure, right? So then I don't need a Ramban to tell me this. If she has is an eidus, and that's what this mechaber is teaching me, and a chanah. If there's a safek, you should believe. I hear, you could come to me, maybe the Taz is telling me even when it's a... a davar shelo shchiach because she's regilah. Maybe. Adilma, the mechaber is something else, something else, something else. This is about an amah. This is not about eidus. There's a chazakah, and she's coming to say different than the chazakah. The Shach is coming to say that she's believed. Says the... excuse me, says the Taz, what happens if in her hamaslah is something which doesn't make so much sense? The chiddush is din hamaslah. It's a chiddush, it's din hamaslah. If you have an hamaslah which doesn't sound right, I don't mean an hamaslah, something which doesn't sound right. For example, she says she went to the mikvah and she's coming back 20 minutes later. Something doesn't make sense. 20 minutes? Yeah, there was nobody there. That was the first one online. It was... I had mamash, there was no red light whatsoever. I drove the car into the parking lot, and then there was mamash into the mikvah, and then the car went in.

All right? Who said? What's called an amasla? I held that's... The Taz wants to discuss the amasla has to be something which is reasonable. You would come and say where it's not that reasonable, it's not an amasla, amasla, אין כאן אמאסלא. The Shach, Shach is saying to say you believe it where there's a safek. That's the whole idea of the... You don't know and you believe her, and that's all. You have a question, you have it; that's eid echad. Whenever you have a question, believe an eid echad. Amasla d'Rama, but where you know for sure she's talking about, it's like every other eidus. When you know that the eid is wrong, then you don't trust the eid. You want to know what the Chiddush? I'll tell you what the Chiddush is, because maybe eid echad's ne'eman even when you think you're wrong. That's the whole... I don't know. Eid echad ne'eman b'isurin. Maybe you should believe... Maybe you should... Maybe you... But she's telling you that I went... You told me five days ago... Guess what? This is kefirah. Oh, maybe I'm wrong. Maybe you are wrong, Taka. I'm going to go home now, I'm going to eat like that. Guess what? That's not a... That's the reason. Remind me, she's an eid? Yes, you should believe her. Maybe you made the mistake. You're crooked your eyes. You know, I have in here, I mean, I'm just holding at the beginning, but I have a whole shaila. Let's see, let's see, according to the Pischei Teshuva, the story of the Pischei Teshuva, where she's chashud al niddah, is the story she was chashud that you put her on an open line, or that you find contradictions in her story? She found that she was clearly lying. Chashila. How do you know? How do you know? How do you know? How do you know? How do you ask the rabbi? The rabbi told you pshat in this Pischei Teshuva? I asked the rav, did you pasken this matter for her? Okay, so what happens if that's not—maybe that's not the story. I have a suffix. What happens if you start seeing contradictions in her words? What'd you say? That's sif gimel. Let's read it. How is that sif gimel? What are you saying, the what? I'm asking you a question, but I see contradictions. No, the lady comes home and was saying that she's tahor, but there's serious to what she's saying. She thinks she went to this mikveh, but that mikveh was closed the past two weeks. That's right. No, no, even less than that. Let's do less than that. That's an open line. But let's say there's a contradiction in her words. She came and she said that it was quick, and then she said no, it took a long time. You see, the story is changing here. What happens in such a— Is chashila, is the story of not ne'emanus b'niddah, you got to catch her dead in the act that she's a liar? Well, you have to catch her that she's not clear. She's not consistent in her stories. You said that you spoke to a rabbi that said something, and I'm trying to see what you said. No, he was saying that she went to the rabbi. Could you stop? Oh, come on. You know that I'm smart enough. What are you talking about? Don't play games with me. I'm playing with you. He claimed, because I'm screaming, the rabbi. I don't know what the rabbi has to do with this. I had to press the Shiloh. What's the story? The story is that you have to catch her wrong, or you have to catch her inconsistent. Stories are not clear. I don't know. You want to know something? I like what Daniel said. I like very much. I see gimmel is that. Does the hamaslah have to be—let me think—the hamaslah, as long as it could make sense, good enough. A reasonable person, huh? I hope that's not like—oh, you know what I'm saying. Look at the word hamaslah. What's the meaning? Listen to me. It's a metlah. That's what it comes from. Okay, listen to me here.

Would you like to continue again? Would you like to go again and again until we get all the halachos? Would you? Or you want to go to the next one? I think we should have a... right? Now, I'd like to come up with another thing that went through my mind the last few days. I think that because we're going to spend more time learning the information instead of speeding through like we did the last two, three weeks, maybe we can give a quiz every day on the stuff that we're learning. I think instead of making everybody go back again to begin, it's not going to happen. It's just too much information. How about a quiz, daily quiz, every day? Every day ten questions. We have longer time to study for it than we're going to have. Why not? After we finish certain amount of information, have a quiz. Can I continue Aleph tomorrow? Is that okay with you? No, no, no. You know what? Why don't you do Facebook? Do it. Okay, whatever. What I'm saying is, you know what? I'll tell you what. I'm making a deal with you, hello? I'm making a deal with you. Aleph, hey, excuse me. Aleph, beis, and gimel will be one seat. We'll make it, it's one seat. We're learning the sugya of דין אישה שאמרה טמאה אני, ואחר כך אמרה טהורה אני. Now I want to come to the— I'll tell you cases that I want to come to. Can I just give you— can I just end off with the practical shailas that I want to come up with? So what's the answer to what— No, no, to give us your answer. What? The twenty-minute thing. What do you mean the twenty minutes? She said everything was clean, baruch Hashem. It depends how you learn the sugya. So how do you learn? Don't tell me how you learn. Don't tell me how you learn. It has to be enough to show she's lying, or she could say something which doesn't make sense. Good enough. No, I cannot be. I think the ... in the shop, there's something going on here. Okay, now let me tell you. This is what I want. I want to ask you the following question. What happens if you go over to her and you ask her, Are you tahorah? You ask her, Are you tahorah? Yeah? And then she's on the phone. On the phone? Yeah. Or she's busy doing the homework or whatever. She's busy. She got busy with something. You come home. You know she's supposed to ... you ask her, tahorah, and because she's on the phone, she goes like ... How would I ask her again? Maybe she's shaking her head to the person on the phone. She's on the phone. What would you get? She won't see her. So maybe she—let's say she's writing something. She's writing something. I didn't ask this guy. I know there's a sefer, the ... Chacham, Stern's brother. Stern's brother. He was a big ... He was a tremendous ilui. ... Stern, the ... Chacham, classic sefer, a very nice ... paper. So he brings this case, and I chapped, you know what's bothering him? The din of shotekes. Why is she shotekes? What's the story behind it? She's quiet. Why is she quiet? I mean, what is she quiet about? I mean, she's mute, she's reticent. The answer is she was preoccupied with something. So what happens in such a case? I want to discuss a few more cases. Ready? What about if she's tameiah? Because of a keses, which means she starts with a drabonon in the first place. Does it make a difference? Isha shehi b'cheskas tameiah. My wife wants to know, my wife wants to know, if it's a keses, what happens if it's only a keses? Yeah? Listening? What happens if she went? Yeah? You don't know for sure if she was tovel. She went. Chochani speaks about it. I want to know, what happens if a remes, a hint between them is good enough. So the first question is keses. My whole ... I don't know why the poskim don't even talk about it. Oh, yeah, I didn't see. Show me where it says keses. I meant the— yeah, these people, not people. Okay. What happens?

If you have a remez b'shlivus. No, but I'm talking about the first case, ket. No, I'm talking about ket. Don't make me nervous. Who talks about ket? Oh, I don't know, I don't know. Okay, could be, could be, could be I missed something, but that's what I want to talk about, okay? What happens if she goes to the mikvah? Are you allowed to already sit in her bed? Oh. After the mikvah, are you allowed to go sit in her bed already? But look at her presence. No, even... unless she's out of the ear, unless she's out of the ear. Very negedik. I'll tell you why. I'll tell you what the shaila becomes, because it's very halachah l'maaseh, because sometimes the husband waits for the wife, and he doesn't know when she went, and he's already laying in the bed. Very shchiadike case. Even if she comes back tonight, instead of this evening... Again, yeah, it sounds like changing beds. What do you... I'm sitting right here, this is my bed for five minutes. Five minutes, this is my bed. Till five minutes ago it was your bed, now it becomes my bed. It doesn't make sense. There's an interesting Rav Akiva Eiger I'd like to throw into the conversation. If the girl is a ketanah, does she have the same ne'emanus that it says over here? Now it's not negea to us; we don't have the story of a ketanah. There are times that they had ketanos. For example, today in Persia, you want to marry a Persian wife, right? Many Persians, the guy has to be thirty-five and she has to be twelve, right? So let's say she's ten, she's ten, yeah, she's ten, or seven or eight, and he's forty-five, right? So the question is, does the ketanah have the same... says Rav Akiva Eiger, the teshuvos, right? Siman beis. Also I'd like to know, what is her ne'emanus on? Is her ne'emanus on the tevilah, or the ne'emanus—like I spoke to the Zayde, the Ramah. Okay, these are shailos that we'll deal with, b'ezras Hashem, tomorrow. Okay, good, Baruch Hashem, it's getting clearer? Yeah?