Hilchos Niddah: Nitmeisi During Relations—Prishah, Ones, and Kaparah

Transcript

Now my question is, how and why is she a tehorah? Because she said so? Is it because she has a chazakah that she's tehorah? Is it because it's shelo b'shaas vestah? Haya mishameshes im hatehorah. What's the story behind hatehorah? What made her tehorah? Like I asked you, she said so? He thought so? She was? There was a chazakah that she was? It was shelo b'shaas vestah? I mean, what's the situation? Next question. V'amrah, and she says, Lo, tehim, it's meisah. How does she know? Maybe she can come and say that she feels that she's dam. She can't say she's meisah; she knows it's meisah. Unless if meisah is another way of saying dam. That's how women talk, nitmeisi. She can't know tumah taharah. Maybe she feels something, that it says, ... and it says, ... How does she know nitmei? She's a navi? How does she know what the story? Unless she feels the main hargashah, is that what it means? So what happens if she באמת feels zivah zavah lach? What's the halachah in such a case? Tell me, did you come across these shailos? Why not? You did the piskei teshuvos, you did them? Okay. Good, huh? Good. אנחנו לומדים טוב. U'pirish miyad, he was poresh miyad, so chayav kares. Chayav kares. Now why does it say chayav to be poresh? Why do you have to—I mean, it should say, first of all, who says a mechuyav to be poresh? It should say, chayav lifrosh, aval lo yifrosh miyad. It says like a story: u'pirish miyad, chayav kares. Unless avadah has to be poresh. If she comes and says to the meisi, what's the shaylah? I mean, unless it's setzel pashut. It should have said he's chayav to be poresh, because we assume, in every case, he's chayav to be poresh, right? Unless she says, nitmeisi. Unless it's like her word. Unless, let's say she says, I feel some—maybe an ones, takanah mechuyav to be poresh. But if she says nitmeisi, even if she's wrong, yechuyav to be poresh, maybe. What happens if she was wrong? L'mafreya, was there a chiyuv prishah? What do you say? Let's say she was wrong. She was mistaken. She thought she felt it. Mistake. The whole thing was a mistake. I'm not asking you, but I'm saying, and he was poresh, good, very—I'm not asking. L'maaseh, mi karach? I have a better question. Lo yetzuyer, she says nitmeisi, he's poresh not the ever meis. Does he mechuyav to bring kaparah if the truth is that she was takkeh tehorah? Yeah, there's a peshat about this case. Right, I'm asking a different question. Huh? I'm telling you she's saying straight out. I'm asking a different question. I'm asking a pashut question. He comes and she says, ‘nitmei, see,’ and it's not true. ‘Nitmei, see,’ and it's not true. She made it up. She's telling stories. Okay. Yeah. And he was poresh be'chai, what happened? I don't know. It had a lot to do with these halachos that we learned, no? Her ne'emanes, her chazakah. I'm talking about what happens if she says, ‘nitmei.’ Huh? Israeli? Yeah, but he's wrong. Good, but I'm...

He's pleased from the army. I like that. I need that. Let me tell you, I'm teaching you: fight for what's right. I don't care. Okay. Maybe. Maybe. That's something else. Hashem yisach lo means when— No, wait, wait. It could be worse. I'm telling you, it's worse, because since she's the safeklah, so she becomes chazakah k'fanida. Let me ask you a question. If someone lives with a woman b'shaas vestah, he lives with her b'shaas vestah, and, God, nothing happens, what's the halacha? Yeah, we learned this. Huh? Why? Because he was mechuyav to be poresh, even if nothing happened. L'maaseh, when it says the temei'ah, see, there's a chiyuv prishah. I'm not talking about in the shogeg; it's worse than the shogeg, maybe, because he told the temei'ah, you have a chiyuv not to live with her then. It's not the b'shogeg gavit. It's not the b'shogeg that maybe you're thinking you're doing an aveirah and you did it anyway. There's taka halacha. She says it's teishi, and I'll live with it, like a vest. That's different, because when a woman makes a neder, there's grada no neder, so there's no issur. So it means she didn't care, but there's still no issur. Mashenkein, if there's something called litmei, and there's huchzak nida, you're not allowed to live with a huchzak nida, whether or not it's true or not true. I don't know why you would even say... What happens if a woman—what happens if a shas vesta, she happens to be pregnant, and you live with her? So what are you going to say? Well, Hashem knew there's nothing. Hashem... nothing. Yeah, but you still had no right to live with her. It's still the issur of vest. The question is, is this also omedes temei ani, is there a din prisha, like vesta, or it's only because maybe something might have happened? That's why you have to be quiet. Yeah, that's why it's here, but that's why you also have to remain a little quiet. Again, when a woman says temei ani, is the chiyuv prisha because maybe it's pakka true, or there's a din prisha when she says temei ani? I'll tell you a very big, very big nafka mina. Remember I asked you, how come it doesn't say chayav lifrosh? It says upirish, because maybe there is no chiyuv prisha. Gradi you have to be poresh because she might be a nida. Wow. If a woman has a chiyuv prisha b'shas vest, but it happens to be, l'mafreya, in this galah that she was—she was, what should we call it?—she was pregnant, would there be an issur? Not Hashem yislach lah because you didn't care. That's Hashem yislach lah. Hashem yislach is that you didn't care. I don't care about that. Hold on, hold on. Tinchas? Tinchas? You think this is the way you should behave in this? Short version? Short version. There's a chiyuv prishah b'Shabbos ves, even if it's not needed for the vest, all right? And it has nothing to do with Hashem yisbarach. Hashem yisbarach means she thought that neder is still chal, that she went, she did it, and the teretz, you didn't care and you did it anyway even though there was no neder. So there there's no aveirah ta'am. That aveirah is in the machshavah. Here's the aveirah is for the ma'aseh ta'am. There's a chiyuv prishah b'Shabbos ves. There's a chiyuv prishah for saying temei'ah ani, and the question is maybe כן, maybe not. My diuk is because it doesn't say chayav to be lifrosh, it doesn't say it. U'pirush. Maybe there's no chiyuv prishah ta'am. I think it's very nafka mina, we'll soon see. Anyways, u'pirush miyad chayav kares sheti'aseh hana'ah lo k'bi'osah. Now I don't know the rule so much, it bothers me a little bit, the rule. So meileh it becomes a shem bi'ah because there's hana'ah involved. You have to go away from here. I tell you not to see it. Give me this. Okay, take it with you. Huh? I mean, what's k'no lo k'bi'osah? And if he didn't have hana'ah from it, it would be mutar? I mean, bi'ah that you don't have hana'ah from becomes mutar? I mean, what do you—I'm not sure exactly what the—does that mean since it's chelek of hana'ah, therefore it becomes a shem bi'ah and there's—

This would be on a... I mean, something is not clear here. Or the taiches, and a Chinami. If it wouldn't be, in other words, the chlakim are not hanaah, don't have shem bi'ah. The hanaah makes into a shem bi'ah. So let's say a guy didn't have hanaah bi'ah and he did it, mutar? A lot of stuff. What's the hanaah chelek over here? Anyways, right? All right. Anyways. No, we have to talk about that. That's a very big shailah. That's a very big shailah. I mean, that's also hanaah. That's right. That's a great question. I don't remember if I saw it in the sefarim or I heard it in Eretz Yisrael. How is it enjoying? If you're not moving. But there's hanaah to be inside also. No. What you're saying, but you're saying... So what makes this hanaah better than this hanaah? Let me ask you a shailah. Let me ask you a shailah. Let me ask you a shailah, the following shailah. What happens if a person doesn't have water, right, and he has to walk, so is it better to walk daled amos or should he walk quickly? Huh? Same thing. They're both hanaah. So better get out of there quickly, no? Which is better? Unless it's more hanaah. So you decide that. Okay, I'm not a doctor. I don't know. I never analyzed the... I don't know, the medical... What did you just say? I love you. I love you. That's what I held. I held one is... I have no choice to stop, or I would even say better. One is a shev v'al taaseh. That's not exactly what he said. I have to just stop. Well, no, but again, I'd be doing something, getting out. You feel about the Shaila. Maybe there is. You. Notice, hagah, tikeis yad, noetz tipanav raglav ba'aretz v'shoyeh b'lo disha. Does he mean without kum v'aseh, or does he mean don't move at all? I don't know. Something here needs to be explained better. You like my shaila. So I would have said one of three things. I would have say that maybe that's with ones, no choice. Or I would say was to go out as a ma'aseh. Or I would say shev v'al taaseh, nothing you could do. It's just shev v'al taaseh. If you don't move at all. You're not moving at all. I don't know. I think there is a no. It's very strange to say that there's no. Have a shem's marbeh. Right. I think that ... talks about the minimum damage. Minimum you do, because you did the minimum. I don't know. ... because the ever is dead, it'll be ... Somebody's ever is dead and it's going to be ... The whole thing, do it maximum as you can, because you did the maximum, it's dead and it's dead and then you came out, although it's still ... I'm sorry, am I clarifying that maybe that's what you're saying? I don't know. I have a different shaila also. Let's say if you stay, there would taka be a gemar. The zera would come out. So would it be better to leave than to have the zera come out, which is better? And the natural reaction, by the way, is to go out. Yeah, yeah. ... Nobody likes it. I don't know. I'm not sure. Let's say if you stay, the zera is coming out. Right, so it'll come out outside maybe, or whatever.

No. Which, that's called Gemar bi'ah. You're גומר ביאה. I don't know, so who says? Can I ask it? Who says? Nobody. I'm asking. I don't know. My question is, would it be better off—he speaks? Would it be better off if you're going to stay inside until... and if you come out, it won't come out, or... which one is better? Why not? So I don't know. That's my question. I don't see what that... I didn't know that has anything to do with... Isn't אונס if we spoke about? If you come outside... Yeah, but... what do you have over here? Show me where. It doesn't make sense. Wait a minute. It doesn't make sense. Hagah. Vimalei pachad d'reses al aveirah sheba liyado. Now this pachad d'reses is even if you're 100% right. Of course. Where does it say? Maybe... that's your svara. I can say not that way also, right? If I'm doing something wrong... Yeah, but Hashem puts you in a matzav where you're in needa. You're wrong. What needa? I don't... wrong. No, no. I think he means... What about a regular person? ... The fact that Hashem puts you in that matzav, you should feel bad. You don't... What's the question? I don't understand. What's the question? I want to know. This is the right way to do it. One second. Did you say this is shloy b'shas vest? I don't know. You have the Chasam Sofer, you have tshuvas. The last part of this halacha is zikah only when I was b'shas vest and I did something wrong, right? That's zikah, the next part, right? ... All this yissurim, so maybe this is also. And then say, who said that? I understand. Who said that? Again, but you could learn that the whole Rambam is when you did something wrong. Again. Then פירש מן הבקישה בשוגג, ... יסתם ... Now, what happens if you were bo'el her b'shas vest and you were poresh b'ever meis? You don't need a kaparah? You anyway need a kaparah. So I'm asking. You were bo'el her b'ever meis. I'm sorry, if you were bo'el her b'shas vest and you... and there was a... whatever, okay? So my question is, if let's say it wasn't b'shas vest, do you need a kaparah? No. So maybe the same thing, אגב, ימלי פקע רסא על העבירה שבא לידו. Maybe it's not an aveirah if I do it anymore. Can't call it an aveirah. You could say a kol, you could say something terrible happened. I get you. That's what you're saying. I'm asking you, is it, we have a raya? I just want to know. I'm asking you. Everybody decided why? Because you decided to scream that, so that becomes a hakraah in the halacha, okay? Didn't know that. I want to know, what's your hakraah? Because you felt that way, right? Okay, so you write a teshuva. That's what you write. Ad yan, other issues. Anyways, I don't know. What happens if it has not—if you're complete ones and it's not due to you? Is it an aveirah? Still aveirah bal yadoi. Aveirah, but who's this an aveirah? Again, the maaseh of being with niddah is an aveirah, right? Being with a niddah is an aveirah, right? So is that—it's the very fact that you're in a matzav where you're with a niddah, you should be patur. Yeah, but it's not—again, calling it an aveirah. It's not an aveirah. Am I going to be chayav b'dinei Shamayim for it? Maybe not. But l'maaseh, I did tell me...

I have a different question. ... I answered this question. Came from the ... he didn't learn well. I think wrong. I challenge to ask if lu yetzuya, a person by mistake ate chazer, would there be a Rambam that you should be ma'aleh pachad v'retes? I want to know about it. I want you to look it up in Shulchan Aruch. I want to know anywhere, anywhere in Shulchan Aruch, in all the halachos, all four books, okay, where somebody did an aveirah, sheba'u lei yadei. Does the Mechaber, the Ramo use the lashon, yimalei pachad v'retes, that something like this happened? It doesn't. I just want to know why over here it does. Huh? What about chelev? What about Shabbos? If someone by mistake, ... in the middle of Shabbos, that you can look up. How come it doesn't say, yimalei pachad v'retes, unless nida is spooky. Nida might be a spooky thing. I don't know. You know what I think? And I think I saw it maybe years ago, maybe, or maybe I'm wrong, but I think it's somewhere. What goes through my mind is by a nida, it's not going to happen out of the blue. It's either b'shogeg ves or it's סמוך לווס. It's something that you could have anticipated. Something that you completely couldn't have anticipated, I don't know if you'd think, yimalei pachad v'retes. Yeah, they basically bring the case where ... and he wasn't mishtamesh, and the next day he stole dam. So there it doesn't say that. I don't know. I'm not telling you b'shilsharim, you should think that. ... You know what I mean? But I don't know if it's a din Shulchan Aruch, ... Or I'm gonna throw out another heichi timtzi. You ready? I think he wants pshat ma'aser, like this, that's the eiver meis. That's what I held the pshat is. I held the pshat is he's trying— You said this? ... Let me tell you, this is what's going to— I'm not happy with— Why is the smaglering like this? Because otherwise it's not a din Shulchan Aruch. You made a mistake. There's no ... ... I mean, you're making the guy have a nervous breakdown. For what? He's not a— Either you learn because there was an anticipation for something. Isn't that the Ramban to enter? That's what I just said. Were you here? Okay. What am I saying the Ramban at the end? But you're saying it's ... kaparah. ... Yeah. That ain't a ... kaparah. That's exactly what I'm saying. You don't have kaparah. I didn't have to fast forty days. You don't have to do any of that. Of course. You know what I'm talking about, right? They're hacking at you. If you don't kaparah, there's no din in Shulchan Aruch. ... You didn't do anything wrong. You didn't do anything wrong. We're going to continue, Hashem, Sunday. Sunday, I want to continue. It's easy stuff. We can't... I think in the basic it doesn't say aveira. It's nice.