Hilchos Niddah: Huchzekah Niddah B’Shecheineha, Clothing, and the Force of Chazakah

Transcript

I don't know. Obviously, in the old days they used to do this, because the Gemara says, Puska nidah, ... and he lives with her, then he's chayav malkus. So what's the chiddush of that Gemara, that he's chayav malkus? Maybe kares. Maybe kares is bidei Shamayim, but... That's בין הלשון of the Gemara. The Gemara's lashon is chayav malkus. Kares is bidei Shamayim. ... I mean, every chiyuv kerisus is malkus. Yeah, Gemara daf pei. Go, pay up the Gemara. Okay. Yeah, because every Rashi... Yeah. Ba'al al niddah, im hitru bo. They warned him. Yeah, because every chiyuv kerisus gets malkus. Yeah, malkus. In other words, he knew that she had a chazakah of nidah. I know that. No, I was—you're asking what I said by shogeg. He's saying why didn't she get kares? Because, again—right, that's how he answers him: the kares is only on a shogeg. I'm saying, or there's no—I'm saying not shogeg, but there's no hasraah. Okay, so you get malkus. I mean, malkus, you're chayav. Chayav kerisus, laku, they don't get kerisus. You get malkus. Okay. Now the shaila is, what's pshat in the Gemara? What does the Gemara want, that you're chayav malkus? I mean, it's interesting. Usually the Gemara speaks, it'sur and heter. The Gemara, when the Gemara says chayav malkus, I guess the Gemara is trying to say that she's mamash a nida, right? That she's mamash a nida, meaning what? In metzius she's mamash a nida? So then just say the issur, and talk about the issur, issur or mutar. You get malkus, ki'ilu the nidah is not so much what she is. Legabei how we pasken will follow Chazal. That's the way I understood the Gemara, because I never saw a Gemara. The Gemara wants to say this, that the Gemara says that she's a nida. Talk about the halacha. Why do you have to go and say chayav malkus? And the teretz is, it's not so negea what she is. It's negea what she's considered, that she's chayav malkus. Everybody just understand what I said? Okay, so let me repeat it. The question is, are you allowed to live with her or not allowed? That should have been the issue, huchzak b'shcheineiser, so you're not allowed to live with her. But why would the Gemara talk about the punishment for living with her? The teretz, pashut, the way I understand the Gemara, the nidah is not even so much what she is, but the nidah is part of the huchzak. In other words, huchzak b'shcheineiser means we have to view her as a nidah to the extent that we even give her malkus for someone that does. What would be, what would be, if lu yitzruchi was huchzak b'shecheina ... okay? But in essence, she's taka not a nidah. Klapi Shmaya galya, all right? So is she—was he over the issur nidah? What are you saying? You're saying yes. I don't know. I think maybe, maybe. The baalah hurt. Yes. Huh? Baalah hurt. Yes. I know, I know. Okay, so let me start again. Let me start again. I'm throwing an idea out. The mekor of this halacha is, im huchzakah nidah b'shecheineha. B'shecheineha, b'shecheineha. You have to really— you have to let me share, I'm sorry. Relax. V'huchzakah nidah b'shecheineha. So the mekor of this is that you get malkus. Now notice that that's not how the Mechaber brings it. Chashu—

She's considered like a vadai tmeiah, which means we're discussing him living with her. That's the discussion. Notice that the Gemara used different lashon. The Gemara uses a lashon that you're likea lav. Why didn't the Gemara just say vadai tmeiah, v'shteitach, that you're likea lav? What's the need in of likea lav? So what do you say, Yoina? You hear my ha'arah? It's a pashut ha'arah. When you want to say an isha's tamei, just say she's tamei, and whatever the halacha by a tmeiah is, you chayav malkus, chayav malkus. Again. So v'huchzakah nidah bishcheineseha, she's vadai tmeiah, which is what's true. But that's not how the Gemara brings it. The way the Gemara brings it is that yechayav malkus, alav yechayav malkus. So either you can come and say the malkus is for the vadai. Chashuva k'vadai. The word vadai is the reference in the Gemara of malkus, meaning it's so much that we know that you get malkus. It's so much that we know for sure that you get malkus, right? Okay. Chashuva k'vadai. O dilma, or maybe the pshat is the word chashuva. Chashuv is the key, not the vadai, but the chashuva. How do we consider her? Huchzakah nidah bishcheineseha, she's a nidah. No, that's not what it is. It's chashuva. It's what do we call her. You want to really know how far my mind goes? I'll tell you how far my mind goes. What happens if she's huchzakah bishcheineseha, and she knows that it's just not true. We send her to the mikvah. Should she make a bracha? I know it's the Rav Pe'alim. It's a very famous sefer, Rav Pe'alim. That's one of the... I don't know what the Ben Ish Chai knows, the Rav Pe'alim. I know. Can I see? I know stuff that most Ashkenazim don't know. I remember seeing years ago, and I was saying to you, you know something? He understood the sugya very, very well. The sugya about mata. It's a big sugya. Can I repeat it? Yes, I repeat it. The art, the art of learning. Let me tell you the art of learning. You learn this halacha. He's telling you a halacha: she's a niddah. That's not exactly what it says. It says, chashuvah. Chashuvah? It doesn't say she's a baalas niddah. What is chashuvah? So the truth is, it doesn't mean consider her, not she's considered; consider her. The Gemara actually says more. The Gemara calls her chayav malkus. What's the chiddush? She's a niddah. Just say she's a niddah, that's all. Teretz is, it's the chashuvah. What do we call her? What do we look at her? How do we consider her? I ask you, but what about her? What is she? She said, How is she a niddah? No, I don't know. I don't know. It's not so pashut. It's not so pashut. Muyetzuyar, she knows different. So I'm asking, should she go? So the Rav Pe'alim, the takanah says, Huchsah k'niddah bishcheneiha, she makes a bracha. She goes and makes a... But she could know for sure, I'm making a bracha levatalah. What do you mean? She makes the bracha on the tevilah. The shaylah is why. Okay. So let's take a look a little bit now in the Taz and the Shach. Chashuvah, kevaday niddah. Kevadai temeya. Rabosai, try and, you know, I let you talk a little, but it's a little too much. I see that it's confusing the right to talk. Chashuva kevadai temeya, v'loi mahani a matza. Matza doesn't work. U'kemo shekasavnu b'sif gimmel. It doesn't help. Now why does a matza not help? Let her come and say, you know why I was wearing it? I was wearing—she was leveshes begadim, I couldn't find any other clothing. The laundry is down. The machine is broken. The machine is broken. A matza doesn't work. Let me ask you a question. What happens if she proves the matza? The machine is broken. She shows, she comes to my house, and I'll show you the machine is broken. Come to my house, I'll show you all my clothing is dirty. How about in such a case? There's two types of a matza. There's a matza which is she's giving you a pesach to think what could have been, an excuse. Or a matza—what happens if she shows you the matza, she proves the matza. It's a matza which means it's a soundproof excuse. You know, a person could come and say, maybe I was in the—

I wasn't the murderer because maybe I wasn't in Hong Kong. Take a look. He says he was in Hong Kong. What happens if she comes and she shows, Here, come, take a look. I show you a receipt. I was in Hong Kong. What's that called, an amasla, or is that a little bit more than a masla? It's a shtickel more. Not real exculpatory, because she was only in advance, by the way. I'm tahor. Not 100%. Why? I'm tahor. I'm just wearing the clothing. Because she should have pre-warned it. She should have told. Can I ask you another question? Something goes through my mind, just frightens me. You know what frightens me? And then I found later that my ... Rebbe speaks about that. Not in the way I think of it, but when you read his words, you see that this is what we have to deal with. ... he was one of the rabbeim of all of Klal Yisrael. He was your rebbe too. Now listen carefully. Listen to Klor. You ready? What kind of a neighborhood is it that people are ... people beneath us? I want to know, let's review that 2,000 years ago in Italy. I want to know what kind of neighborhood is this. ... I guess what, everybody in the city wore white and colored. I mean, when a woman's wearing white ... I don't know. Let me talk about that. Not saying anything. All I'm asking is, I want to know what neighborhood is this that all this is going on. How about me giving you another example? What happens if nobody knows that she's a nida, but everybody knows, oh, you know, she's wearing that very nice pink dress. The husband goes, she's wearing the pink dress? Oh, the pink dress is a sign. Oh, wait a minute. The people know? Is the story that the people know she's a nida, or the people see her wearing certain clothing which michalel may need to do so, and that's a proof to the husband, hey, wait a minute, she always wears that because it's better for her when she has her period that she wears this. Whatever, I don't know. What do I know? I'm not going to start giving you case, right? Yeah, she didn't know. She didn't know. She saw, where's that clothing? Everybody's saying, you know, especially the European, you know, by the small shtetlach, you wore a dress, everybody in town was talking about what you wore. Yeah, you saw the green dress, and the husband goes, green dress? Wait, that's a sign. Don't think so much, because I have the right to ask this question. I shouldn't have the right to ask this question. This question is good. The ... needs to be ... I don't know. I don't really care, because today we don't have what? I mean, I... women know that this dress is her niddah dress. Maybe... Oh, the talking. I'll tell you whatever it is. Whatever. All I'm trying to get at is, all I'm trying to get at is... You didn't dress up every interview, every month. There was no. No, you not. Believe me. You know what you wore yesterday, the day before that, and the day before that. We'll soon see. And you know why I'm saying this? Why am I saying this? Because I want you to learn. I want you to think. I want you to understand what's called the chazakah that she's in nidah. What does that mean? How do you know for sure what's going on in someone else's clothes inside someone else's undergarments? How does anybody know? What are you talking about? How could someone know? What happens if she has a very big mouth and she walks around telling people? She tells her hairdresser, by the way, ah, that's it, I... Is that enough of a raya? Is that enough of... Why are you laughing? Is that a good shaylah? I don't see that. I don't know. Maybe they do. Maybe your cheating books talk about it, but I talk about it when I learn these halachos. I want to know what's called chazakah bishcheineisa. What does it mean? How do you know? Okay. V'loy mahani amasla achar kach, k'mo she'amar siman gimel. So the lashon achar kach. What about amasla kodem? Maybe. Amasla kodem might work.

Right? A masla charkach. You notice the lashon of the Taz? Masla charkach. What about a masla kaida, maybe? V'hiksha Tur v'chi adif? Huchzaka nidah me'emez mefeiresh, temeiani, shemahani sham nesinas hamasla? V'tiretz haRashba, d'mishum boshes ones, miki shemeres tmeiani. Aval la'asos maaseh, kulei hai lubeis b'gadim shel nidah, eino ne'emenes, lefichach lemahani acharkach hamasla. Who she boshes from? What's pshat boshes? She's boshes to what? Shame of her husband? So this tells her neighbors that she was a temeiah? I mean, I'm trying to know what the story is. What? She's boshes of other people. So she tells—so meila, watch, she tells those people, I'm a nidah, and that's not a busha. What exactly? I mean, it's a busha to say she's tahorah. I always thought the other way around. Busha to her husband. Busha to her husband of what? She cannot tell him that she doesn't want because of a— She goes and tells a neighbor. No, she tells him. The tirutz haRashba, d'mishum boshes ones miki. Again, v'chi adif huchzaka nidah me'emez b'feirush? Who's she saying that she's temeiah to? To her husband, right? So what is she saying? She's temeiah because of busha. What busha? She doesn't want to live with him, you mean? Yeah. She's embarrassed to live with him. Sorry. She's boshes ones. Miki she— I mean, what's boshes? She doesn't want to live with him. Right. So he comes and he tells him to see him. So she says that—boshes and ones. Yes, what is it? You want to tell me what it is? Huh? It's hot. It's a bais. She's sick, so she doesn't want to say I'm sick, but she rather say I'm tamei. I'm not, I'm just—just, can I learn with you? Is it okay? I mean, what am I saying? The tirutz haRashba, mishum bosha, ones mikri sheomeres tamei ani. Aval la'asos ma'aseh kula, hai, lilbosh begadim sheal yedei eina memet. Why not? What do you mean? You mean like a sudden words, but to go to a—I'm not really sure what it is. I'm not quite— Let me tell you something. She can't go there and say—she said it to her—. She wants it, and she goes, whatever. Let me tell you my story. Let me tell you what I— You understand what I want? You understand what I'm saying? Something very, very, very sharp. What is the difference if she says or she wears? It's extra effort. What's the problem? So again, you're talking about a story that she doesn't want to live with her husband, so shulchan aruch. I mean, why? Ma'aseh is much stronger. Oh, really? So talk is—she walks the walk. She must be. I don't know. I'm not sure. That doesn't mean to talk to her. I want quiet doesn't mean to turn around. Rafi, do you understand what I'm asking? I want to know, I mean, talking about a slight difference. I mean, she wears clothing. Unless, veshes is clapping shechinim, means she wouldn't go on the street. Yeah, but I don't see what that means. If someone doesn't want to live with her husband, so she goes and puts on a dress, why can't— unless, maybe, maybe, tamei is a sub. I don't mean the words lafukei l'maaseh. In other words, if someone comes over and says, I want to be with you, I'm tamei. But the pre, you know what I'm saying? In other words, the pre slants is not. I don't like to learn the pshat that it's about talk and maaseh. It sounds too yeshivish. Doesn't sound real. Doesn't sound real. Doesn't sound like he's saying anything. Who said this? Who said this? Who said the opposite? Who's he? You want to know something? I agree with him. It's easier. It's easier to make the clothing and then to come and say to your face, to man. I like it.

You walk into the house. Yeah. Beautiful, beautiful. Yeah, I don't know, you're playing games. I think he's playing games. This tznius is a game. It's a game, more or less. Some women—you want to know something? Some women, some women, well, some women, they're difficult. So what, they're not going to put on a special clothing? Let me tell you, if they want to be with their husband, they're going to put on a special clothing. And if they don't want to be, then they'll also maybe put on their special clothing. But what does that mean? I don't see—unless it means that she walked—he's going back on this case. She's walking the street with it already. I mean, that's already a whole—she's making a whole statement, fashion statement that she's a nida. Maybe. You don't like it. You don't like it. So you say it's about the husband. If she sees the clothes, I don't think that's whatever they want to say about the husband. I'm asking a simple question. If a woman doesn't want to be with her husband, you want to tell me she can't put on clothing of nida? I mean, she should—say it's tamei nida, but she can't put on clothing? What's the difference? It takes more guts. If it's the clothing for the husband, that's fine. It's a simpler question. Also, I just asked, maybe we're talking about this case. ... There was ... I'm telling you, ... chiddush. ... to her husband, she's wearing begadim teme'im. Maybe it was after work. Were you back to your husband when you walked into the house with the clothing? ... Much, much more מסתבר. I hear, I hear. You hear the taz. I hear the Gra. Very shtark. The door would change and everything just to prove that she's temeiah. She doesn't have to go to China and change. But it's much easier to sit there than to go and actually make a whole— But it's not a lie. She could explain to him why I said it. It's not a lie. I was under this situation that I had to say it. It's not a lie. ...when he walks in. What do you say? He has kashya, right? What is the kashya? What's the kashya? It's easier. It's easier. Unless you learn it... ...Rashi... Unless you learn... ...to make it free to walk around, that I could. And that comes out big chiddush, that even as a taz, if she wears bigdei nidah, the ... will help. ...Yeah. I think the whole thing of saying to Mani, the whole thing is, even if she has an excuse that ... she doesn't want ... No, she can't from this... certain reasons. So she has ... she has ... She won't wear clothes for him to get, because she doesn't want him to... She doesn't want to. I tell you, step away from... You know who said this? We did a minute ago. We just said it. Before we said this teretz, we said this teretz. Maybe the pshat is the pri, meaning... ...if he comes over there, I want to be... It has to do with a response, a response to one thing. ...What's a good word? Premeditated. Premeditated. She wears... ...Maybe then the pshat is ... Those are the two ways I would say the taz. One way I would say the taz is husk of the Mishkenes Yaakov, or I would say the taz pre-medicated, because otherwise it's, say, deeper, nicer. It's not so far. Okay, she's not going to answer the question. So this is what the taz is saying. Let's see a little further. Let's see a little further. Now. ... לאחר כך המעשה. ... הוא אמר ... ... לאו כלום ... מן המעשה. ... כשהחזיקה עצמה נגד כל העולם. Not everybody's going to know from her a maaseh. ... Very interesting. I don't know. It's like she has to pay attention to the chazakah, and she has to—if she takes the cheshbon, what is everybody going to say? I wouldn't want to live in those times. Or maybe there is those times, you don't know about them. ... ולמדתי מזה עוד, אפילו באמרו יש...

דאפילו באומרה יש חילוק. אם אמרה בפני רבים שתמאיה, לא מהני אחר כך המאסל. מה שאין כן אמרה בעצמי, אין הדין כן, אלא באומרה לבעלה. It makes a chiluk. If she says it b'rabim, then maaseh's not going to work. That the maaseh won't. If she says it b'rabim, temei ani, from which time? From Aravos or ...? Huh? ... Right? If she says temei ani, I mean, why would she care what the—I'm not even sure—why would she care what the rabim is saying? I mean, she has to keep a cheshbon what people are going to think at the end of the day if she's a niddah or not. I mean, it's her husband. She comes, you know, what's it what I said in public? I don't stop. The lady is crazy. I talk in public, ... The maaseh b'ikkar is for the husband. What would be the chesh? What do you say, Rafi? What would be the chesh that she has to pre-worry the chazakah? I have a lomdishe svara; I don't know if it's true. Huh? I can't hear. What? Shabbos. They're going to be choshesh then that once we saw that she's a niddah, now they're noheg ... either she's not keeping ... or she's a liar. What? The question is if it works. The question is if she lets—why she should have not done it. If she did it, it must be because it's like a ... She should have had—if you take the part that it's all about proof, and the mere fact that she said b'rabim, and then the maaseh is not going to be changed, so the mere fact that she said it—she should have had a ... I understood a little different. I understood that he meant to say was the mistama the maaseh is not real, because she would have pre— She would have thought differently. She's knowing that she wouldn't be ... She wouldn't say something which is not true b'rabim, knowing that she's not fixing it b'rabim. That's what I'm asking. That's my question. You're answering. Because, shadchan, once the rabim know she doesn't need it, and then tomorrow they see the husband asking things from ... It means not only they know she needs, now they know her private life, her husband, her wife. Give me this. How bad is the neighbors here? Can I say a vort? You know what? Let me say a vort, which I hold. You want to see my question? What is a taz? Taz warns that if she said a b'rabim, knowing that she can't fix it b'rabim, therefore the amasla b'pesina will not work. But to her husband, she said it thinking she can fix it. Can I say a gevaldige vort? You know what I hold? There's a lot going on over here. It's something about the chazakah. It's not about what this she is and she. There's a chazakah that she created, and a masla can break the chazakah. The fact that she's going to break the chazakah b'tzina, meaning she wasn't worried about the chazakah, which means it's shavya nafsha chazakah. Because I hold, as a big yesod in the sugya, I hold it's not so much about is she, isn't she, a detective work. We're not trying to get to a detective work, is she or אינה. We're not trying to go through her mind to figure out is she, isn't she. Did she mean? What did she think? What did she say? It's a din of chalakos. It's a chazakah, and a masl could break a chazakah. So the fact that she said something b'rabim, knowing that she's not going to be able to have an amasla, that's another way of saying shavya anafshei chaticha d'isura. So amasla then doesn't break the chazakah. Not here. That one's b'rabim because the amasla is not done b'rabim. When she created a chazakah without the ability to make an amasla, then it becomes that she has to adhere to that chazakah. I want you to concentrate. Everybody close their eyes. Close their eyes. Close your eyes. Are we discussing figuring out what she is? Are we discussing the halacha chazakah with the cheskas nidah, halacha? It doesn't— That's chashuv. I don't even care what she is. It's not about her. Huh? Puk chazi, b'shecheina said, works. The Gemara proves that a chazakah...

Yes, she gave us a beautiful proof why she said what she said. And the answer is because you created a chazakah. Who cares? Let's talk about me. Let's see what they want. I'm talking about chazakah. It's about chazkas niddah. And that proof—you don't prove. I'm not proof. I'm not. It just breaks the chazakah. I'm not. It just changes the shavya nafshach, chaticha d'isura. As far as my husband is not, is not. And I repeat, is not an explanation to what happened, reasonable explanation to what happened. That's not what it's about. And that's why I asked you, what happens if the amasa sound proof? Or the amasa could be just a way out. In halacha, an amasa could be just a heichi timtza what it could be not this. Do you have to prove in an amasa reasonable, beyond reasonable doubt? Or an amasa could be something out of the wild? I think an amasa could be anything just out of the wild, as long as something could break the chazakah. You want me to read the Chazon Ish? Now let's read the Chazon Ish. Ready? Ready? Who wants to read? You want to ask your own time. Are we doing a detective search here to find out, yeah, true, yeah, she said, ooh, doesn't sound right? Or there's something called a chazkas niddah, and she's chashuv even if she knows 100% that she's not. You like it? You know why? Because there was a big gaon, the Rav Chaim. This is how we learned up the sugya. It might not be about what is; it's about the chazakah. Let's read a little. Can we read? You ready? You know what I'm talking about? You hear what? You can ask questions. I don't care. Ask all the questions you want. Just understand what I'm talking about. U'meida shehuchzeka b'shcheinah yotzeh. Okay. Malkin al hachazakas. Yeah, Mordechai. Malkin al hachazakas. Mordechai. Rabbeinu Tam hoira shehuchzeka b'shanim b'shcheinah yotzeh. What, you want to know if a girl is—if you get malkus for the aveirah of the bi'ah? How do you know? Maybe she's a ketanah. How do you know? Huchzeka b'shcheinoseh u'v'simanin cholekes, the malkin al hachazakas. We give malkus even for a chazakah. Rabbeinu Yoel tamah she'ein malkin al hachazakas, ela b'huchzeka b'ma'aseh. Can't just be a chazakah on the metzius of what she is. V'hinei din huchzeka matzinu b'kedushin. Chazanish with his gevaldige bekius. It's our sugya. Ish v'ishah v'ishah u'banim. V'hasam kasav Rambam, lamed yud. U'benidah—this is our case—shehuchzeka b'shcheinoseh, ksuvah siman beis, yahava chazakah miyad, u'mitnai hachazakah. What's the tnai of the chazakah? Sheyesameis hadavar b'libois bnei adam, v'lo yistapku bahem, she'im ba'u l'ir pochazim, v'omrim zu ishti, v'hi omeres ze ba'li, v'anshei ir misafkim bahem shehatzah zimah beineihem. Lo yustakel l'olam. V'chein b'lavsha bigdei nidusah, u'lefi hakaras anshi mekomah lo yachshu zos l'os ne'eman al nidusah. If it's not guaranteed as a sign, lo tuchzak bazeh. Ela, ha'ikar lefi hachlatas bnei adam v'hanhagah regilah bein bnei adam, hame'idah mesemes balev haro'im havei k'eidus gemurah. What's wrong? What's wrong? Havei k'eidus gemurah. Let's discuss. There's two types of chazakos.

This chazakah, which is birur raya. Tell me, anybody here learned Bava Basra? Anybody? Does anybody remember cheskas gimel shanim? What is cheskas gimel shanim? What are the two sides in the cheskas gimel shanim? Cheskas gimel shanim means that b'makom safek, we leave it by you. Or cheskas gimel shanim is a raya, birur, clearly a raya that it's yours. What chazakah were we talking about over here? What chazakah are we talking about in this siman, yeah? V'im huska mida. No? Chazakah. It says, kevadei... that's chashuv. But I want to know, what is this chazakah? What are you saying? You say vadai. Why? Why you say? Because that's what the chazakah says. Huh? Not just amirah. Amirah could be not vadai. Someone says it. Say good. Let me ask you a few questions, okay? One is, I know you're not going to like it. It's such a big deal that everybody's going to say, again he's talking to you. So then you know what I'll say is, you don't like it. The other one is pretty strong. You know what's going through my mind this morning? Im huchska nida. He doesn't say, im huchska liyos. Huchska means it was accepted; she is a nida. Im huchska nida. It's not she was huchska by people, which means that people accepted it in the minds of people. There is a chazakah called cheskas. And the cheskas nida could be created through a ma'aseh. And that ma'aseh is—he brings an example—shera'uha. And it's not even kegon, shera'uha, leveshes begadim hamיוחדים. What happens if she says it? Why don't we talk about it, im huchska nida, kegon she'amra? Why? Well, what's the case? Huchska nida, that she walks around dressed as a nida. What's wrong? What's the... li'oys nida, because she says, or she's giving remazim. Because if she said ... that's ... She says, mefurash, nida, omeres befeirush temei'ani. What does he say? He doesn't call that a מוחזק. He calls that, איכא עדיף חזקה. Chazakah is worse than she's saying temei'ani. Which means by her saying temei'ani, let's say if everybody in the town knows that she's a nida because she walked around saying it all day long, would that be called חזקה נידה? What? According to the Taz and the Maharam, right? Maybe the pshat is, חזקה נידה...

Let me ask you another question. Is it her personal clothing that she wears when she's an avel? Or there used to be special clothing that women wore when there was a... It was the style in those days. Which one is this? A Friday night robe. A Friday night robe. Could you find me where who speaks about this? I'm sure they do. This they got it from. Huh? We are... The Torah says... law. Right. You made my day. See, you made my day. Don't make fun of me. I say good. You see, I'm a good soul. It's because I love you. I care about you. I learned this... I'm saying, wait a minute. What happened to the law in the mechaber? I didn't see it. ... Ya, ya, ya, ya, ya, ya. ... What are you talking about? Come on. ... What are you talking about? Say good, ask. He says in the times of the Gemara there was special linen clothing. That's so pashut. ... The Tur says ... law. Let me tell you what I want. I want to know, is this about ishah she'amrah... or this is about huchzeka nida b'shecheinoseha? Huchzeka... not huchzeka lihyos nida. She's huchzeka nida b'shecheinoseha. Stop playing drums. You look like she... what are you doing? You hear what I'm talking about? Okay. There's a chiluk between a chazakah, huchzeka b'ma'aseh. Learn this Chazon Ish. I think that there's something called huchzeka b'ma'aseh. That's what this is about. Huchzeka b'ma'aseh. She's behaving, behaving, and that's what the chiluk between the Taz, the Tiras... l'asos ma'aseh... I understand. No, but I'm saying it's not— now I'm saying all this because I'm saying it's not to do with what she's being megaleh anymore. This is the din of chazakah, is wearing clothing of nida. If we're discussing, hey, ma'aseh, she did a ma'aseh, well, here. Shaila is if the chazakah comes through a ma'aseh, a ma'aseh hamochiach. That's a whole different... It's not to do with she. It's not about how much she was megaleh that. Mita ta can makes it for that. And if we continue with the diuk in Maharal, it's gevaldige diuk, so that she says it in public, so she can walk around talking about it in public too. That's not so pashut. Maybe the talking in public is not the same halacha as wearing the ma'aseh. You'll see in the sefarim, I believe, even the Rav Elya, if I'm not mistaken, speaks about if she talks in the public about her niddah status. Ma'aseh doesn't say this. It says hislakah with the clothing. All right, now let's see a little further. What, what, what? Piskei Teshuvos. So let's read the Piskei Teshuvos. I remember from the... okay, it's probably here also. Go ahead, Nu. First of all, you have to close the air conditioning. I'm uncomfortable. I can imagine the oilam is freezing. Huh? Something is going on over here. So there's two hats. Okay, read the Piskei Teshuvos. Read it, because we see, we went down to the bottom of the sugya, we were zoche. Read the Piskei Teshuvos. Nu. What are you referring to?

Okay. Now, I want to know a difference. What happens in huksaka, meaning she said, not to the baal, but she did it through making hachachos. All of a sudden, you see she moves a better way. All of a sudden, you see she's putting things on the table. Does that create a huksaka that you have to wash? In huksaka, she... You would say no. Why do you say no? See, put the bed. She put something on the table because she had nowhere else to put it. He had the argument. He had the arguing. You hear? We have a case that she's walking the street with bigdei... with bigdei nidah. Then we have a story that she said. What about if she says, okay. What about not she said, not she... she's behaving in the house like in nidah. It's weird stuff is going on. She's bad. She's putting stuff down here. She puts it down. Me, I'm not a nidah. What are you talking about? What? What are you talking about? You're cheating. Books talk about it. Who speaks about it? Oh, she brings here, okay. Im irshasa keivan shechazrah, shelo nitma oilo vihi tahor, eina mela, eina menas ela maasah. Now, Rav ... says, hu hadin im michikah mitah. There it is. Okay, it's the same one. From there I got it from there. Im michikah mitah, mibli omru devarim, tzarich shetehei hamasah maduas. Ein latirah lah hamaslah. ... I'm sorry, I wanted ... Kol zeh yesh lhachmir latzrichah maslah. The case of shmuel, what do you have? How is she huchzak? Ay, ay, ay, ay. He's learning this sugya, that it's huchzak. I think she could lie down for him, like he ... Maybe. But he says over there that with the beds anyways, the houses and shmuel, he doesn't see anything. Also the beds are only for nighttime anyways. ... She's separating the beds completely. Yes, she has to explain it. So she has to explain it, that's what he said. But if not, I want to know why. I want to know why. Okay, two more points I want to speak out. The din of huchzakah ... bishcheinei ... Is there a chiluk between Shas ves and shloishah? Huh? Who's the machlokes? Who? No. Read me the mechayev. This sugya — yona tan! In this sugya, I'm gonna let you go for Minchas Chinuch. In this sugya, it's Shas ves or shloishah, Shas ves. What are they arguing? La, la, la, la, la, la, la, la, la... What are they arguing in? Let's learn a little bit further, and then we'll stop. Next. Amar lebaal tmimi, vakach amar: metamei eino ne'eman. ... Good, good. ... eino ne'eman. Okay, so let me ask you a kasha.

Amr lebala tmeiani. Is there a chiluk between shas vestah, shloishah? What is that? What's wrong? So I'm going around. Oh, he's fixing it. Nu? Shas vestah, lo shalosh... Okay. Mamiri l'ksubas mukhach, she'afilu b'oinas vestah, the man is ba'mas. V'kach kasav haRogatchover, paras habayis. What's this din, this story? Forget about the amasa. What about the amr tmeiani? What's that story? Nu? It makes no difference. He's good stuff, this guy. Really good things here. Oh, he's really good. He's from... very nice. Very, very. I don't want these sefarim. Very nice, pirush here. I don't want a pirush here. I don't think I have it. The Rebbe has to have it? What? The Rebbe has a pirush here? I got this idea from Rebbe. This sefer, I told you about it? Rebbe doesn't want to have it because I don't use these sefarim. I try not to, because then I have to work. It's too much work. Why? Then I start looking here and looking there. I'd rather just learn. I don't want to do it. Let me tell you something. I did this years. So I want to now do it the way the real, you know, baalei halacha do it, straight from the Shulchan Aruch, straight from the... What do I see here? The chiddush, the devarim, I'm trying to... Push the envelope. Again, you said you put the... I can't read all this every day. I mean, it's just too much. I have to have it in the house. Again, I'm not telling you. It's too... I learned it before. I learned it for years. I don't remember. Are you sure I had this? Why would I not remember? Something else happened. On Shabbos I have. I don't think I had it. Okay, so let's see. Just came out there. ...maslocha kami yamid. Yeah, see, he brings berurah also. ...berurah. Okay, so this, that's what we're talking about. Okay, so let's hear clearly. Nu, what are you talking? Let's hear klar. Habai, let's hear klar. Nu, what's the machlokes? Shasves to sheloi shasves. You know what I hold is a ... If this is about she claims, or shavya nafshei chaticha d'isura, you listening? Or we're soon going to learn that there's a neder of neder, you know, neder here also. We'll speak about it. Amra tmei ani, because that's still shavya nafshei might be neder. The Rambam's shita, Shavya nafshah a neder. We'll talk about it. This is all about because she, she, she, she is claiming through all this that she's a niddah. V'idilma, this is not about her claiming. This is about something called a chazkas niddah, behaving like a niddah in the time of niddah. Forget about what she's claiming. It's not about her. You know what I hold? When she claims, it really makes no difference if it's Shas veses. Huchzak lihyos niddah al yedei ma'asim of niddah could be only b'Shas veses. Make it chazakah? I don't care what she said. I'm not interested in what he said. That's why I don't look at this one. He brings meiri, he says like you say. Oh, he does. So you see, I'm saying good then. I'm happy. Could we wait before you quote the meiri? Like this we'll know exactly what the meiri is. I didn't see meiri. I saw this one. Let me see this one. Yeah? I hold... Huchzak niddah v'shecheinoseha. You hear what I want to clarify? Maybe it's only b'Shas veses. How do people know it's shafer? It's not about that.

And the answer is, people are talking that she's a nida because she's wearing the bigdei nida. She's wearing. And I hold, and I keep on telling you this, I don't even know so much that they're walking around saying she's a nida, because then the pshat is you're talking about a sick country, you're talking about a very sick place. It's very possible too that she's wearing those clothes. She's dressing in a certain way. That's also. The Gemara speaks about it. What a woman wears is the talk of town. What her status is, l'gabei if she went to the bathroom or not, it's not the talk of town. It shouldn't be the talk of town. It's very hard to insist. The hulsak nida bishcheinoseha is more the way she's like that; she's the way she's dressing. What? She has the private thing. I'm wearing the red pin, that means I'm a nida. Nobody knows that? Because she's walking around on the street? I hold that that wouldn't work. I hold that that's not the... The way I'm saying is it should. No, because I don't want—I'm saying a vort—I don't want it to be that she's admitting that. It's not about she admitting. That's not what this is about. It's not about her claiming she's a nida. It's not about her saying, Tmei'ah ani. She's not. She's not saying a thing. If she made a thing... You know what that is? The Gemara speaks about a chazakah: chazakas penuyah and chazakas be'ulah. She went to the wedding wearing white, or she went to the wedding wearing colors. The question is, in what is she dressed? She's dressed as a nida, period. It's not that she wore nida clothing, therefore she's showing me that she's a nida. That's not what it's about. It's a chazakah that you have to break, because it's such a thing called chazkas needa b'shecheinesah. That clothing needa clothing, except this thing in the country. This is clothing, or even between me and my husband. I am telling you a me'orer chiddush. It's possible it's only needa clothing in the mechaber. It's only needa clothing in the country. It has nothing to do with me and my husband. If it's between me and my husband, it might be that I am claiming that I'm a nida, and that's not this halacha. It might be the next halacha. Needa clothing that everyone anyway will know. But that's not the point. The point is not so much what I'm claiming. The point is she was yotza v'roisha b'hinuma, like the Gemara says. She was walking around with a headband. She's walking around with white clothing or pink. The kallah, the kallah, she's a psulah. She's wearing white. You know something? She could be a beulah, didn't make a difference. She's wearing white. That's not the issue. You married her as a psulah. That's the shaylah. How did you marry her? Legabei kesubah, legabei beis din. Beis din has to pasken. Get out of the pasken. They pasken l'fi the chazakah of her clothing. What happens if you married a woman, you hear, b'chezkas besulah, you hear, and then you come and you claim that she's a beulah, right? So then there's a whole sugya. Ne'eman l'shave, the person back in the kesubah. I've seen that. That's a maiseh. You know what the ikar nekudah is? If not for all this, she has a chazakah that she's a besulah. You have to deal with that chazakah. You have to deal with the chazakah that she's a chazkas nida. That's a chazakah you have to deal with. That's what this sefer is teaching. It's not about her admitting. It doesn't have to be with shavya nafsha chaticha d'isura. That's not what this is about. You can learn that this is about shavya nafsha, which, tomei ani, like the next seif. Or maybe it has nothing to do with the next seif. It has to do with there's a chazakah that she's acting like a nida. It has nothing to do with she. You like it, you like it. It comes out a chiddush nifla. What is now the meiri? Tell me the meiri you just said. He says the Meiri says like me, me, or like you, or whatever. What does he say? Yeah, that what? I see, I know what I'm talking about. Could be this seif is only against shas vesta. Thank you again. This is what it is. If it's about she's saying tomei ani, moishela, so it's even shelo b'shas vesta. It doesn't have to be shas vesta. She's saying she's wearing clothing. She's telling me, I'm tamei. That's not what it is. It's about the chazakah. Could a person have a chazakah—I'll ask you a kashya—could a person have a chazakah she's a psulah if she walked not by her wedding with white clothing? Could there be such a thing? Let me ask you, could there be such a thing? I mean, she's wearing—you see a lady walking in the street with a white gown, with a... I saw her. She's a psulah. Yeah, but it wasn't by her wedding, right? If she's wearing nida clothing not b'shas vesta, it's like wearing the white dress during...

the week. It's not ... wedding. You like it? The ... רבי says it, no? Rafi, the ... showed it because, you know, he's like, Oh, you saw it, so why would you maskim to me right away? ... every single ... What does he say? Okay, rabosai, I wish you a wonderful week. We did Beis. ... we're gonna start.