Hilchos Niddah: Teliyah B’Makah After a Bedikah, Safek Hargashah, and the Taz
Original title: 1) Nida bedika.MP3
Okay. Today, I'd like to discuss a certain shaila, which is very negea b'nachos, negea b'nachos. That is that sometimes you have a woman makes a bedika, and the bedika is no good, not...
- Speaker or source
- Archive
- Category
- Halacha
- Subcategory
- Yoreh Deah
- Sub-subcategory
- Niddah Taharas Hamishpachah
- Duration
- 0:46:24
- Recording year
- 2007
Transcript
Okay. Today, I'd like to discuss a certain shaila, which is very negea b'nachos, negea b'nachos. That is that sometimes you have a woman makes a bedika, and the bedika is no good, not good. Then she starts claiming, you know, when I made the bedika, it was hurting me. You know, last week I had a petz over there, this excuse, that excuse, here excuse, that, this, that. Okay. Who said that you could excuse it? Meaning, just because you feel it's possible, possible, quote unquote possible, that it's coming from this, this or that, but it's only possible. How do you know that it's more than possible? She made a bedika, and she found that the bedika was no good, and she went to the rav, and the rav looks and says it's no good. But, but, but, but, but, you know, when I made the bedika, I felt it was hurting me or something, or, you know, they all say that. Then they start saying that, oh, but last week, two weeks ago, I had over there a ... whatever they have, okay. Then they come and then they say, oh, they have yeast infection, yeast... Fifty excuses. So first of all, Who said that you can bechalal excuse a bedikah? Even if you excuse a bedikah, what is she saying? She's not saying for sure. She's saying possible. Possible. Who said possible is enough to come and say that she's allowed to say that it's not from the dam? Possible. You know for sure? Ela mai, which they do sometimes, they'll send the woman to go to the doctor. The doctor will check, and the doctor will say, Yes, she has something there. So what? No. What does that help you? Just because there was something there, that means you know that this was from there? Maybe this was from somewhere else. I mean, how does this prove, prove? Just because there is something there, that it's from there. Now let me explain to you this halacha called teliyah b'maka. Teliyah b'maka means when there's dam, you could be toleh that it's from a makah. So first of all, there's a chiluk between the first three days of the shivah nekiyim and the last three days of the shivah nekiyim. So maybe we should come and say, Teliyah b'makah. This doesn't help you anything. It's before three days. Second of all, who said that teliyah b'makah works when it's a vadai nidah, the hainu, where you have hargashah? Could you be toleh b'makah vadai not? If a person makes a bedikah... There's a chashash that maybe there was a what? There was a petza. So, bazeh, it's a safek no. There's a chashash there was a hagasha and she didn't feel it. So then it comes out that it's a safek d'oraisa. So on a safek d'oraisa, who says you can be toleh b'makkah? So this is the nekudah of the shailah. Every rav has to deal with this. Now, the unlearned ones deal with it one way, and the more learned ones deal with it a different way. And we're going to learn that we shouldn't be from the unlearned ones, and we should be from the learned ones. Before I continue, I want to give you a yediah chashuvah ad me'od, which is important to know in Hilchos Niddah, which is not relevant to the shiur, but it's a good topic, a good piece of information, which is important to know. We spoke about kesamim, gris, machlokes. We said that even though b'zman hazeh we don't have machlokes, still we brought from the poskim that that's the shiur that they set it up, and hei amru v'hei amru, and that's the way it remains. Rabosai, it was brought through the news yesterday that the United States of America, michlal...
New York City, befrat, has machlus b'zman. And let me tell you a little history that they set over on the news yesterday, and that was that there was a certain chemical—what do they call it? When a person, the spray, the one that does the spray. No, but when the guy that does the spray, the guy that comes to spray, right? Whatever. So he comes and he sprays. So there's a special spray that they add, the exterminator, they have a special exterminating spray that kills out these machlus, kills out the bed bugs. And that's why it became batel the last 50 years, bed bugs. We don't hear—how come you never hear anybody has bed bugs? You ever heard of something called bed bugs today? Just because they killed it out between—I didn't know this tremendous thing, I heard it yesterday. I couldn't get over World War I and World War II, they just killed it out. They found a certain chemical that destroys the bed bugs. Now they stopped that chemical because the chemical is not needed, because it's gone. It was finished. So for the last few years they stopped that chemical, and it came back now, the bed bugs. It's very interesting. They have the bed bugs here in New York City, and that's the machlus now. If you have it, I don't know if it's such a good idea, because I don't know if it spreads, I don't know what the story with them is. But if you can get a hold of one, I'd like to see it. I'm serious, I'd like to get— It'd be an interesting thing, because you see that the words of the Chazal will be mamish l'maaseh today. A woman sat on a machlus, and sat on a bed bug. Interesting shaylah. Okay. Now let's get back to the lidoin at hand. So the first thing I want to clarify with you is what we spoke, the safek in the de'oraisa. Then I want to clarify with you, even on a maka motzi dam, in what cases could we be toleh that the maka was motzi dam, d'hainu. First thing I want to clarify with you is maybe it's a safek de'oraisa, but it's a safek. It's a safek, maybe she had a hargasha. It's a safek if the blood is coming from the mekor or from a makkah, so that's a safek sfeika. Again, could we come and say that the reason why it's mutar is because it's a safek sfeika? There's a safek de'oraisa, you're right, but it's a safek, maybe it's coming from a makkah, it's not coming from a mekor. There's no she'eilah that if there was a hargasha and you know for sure that something is coming from a makkah, that it's not asur just because she had a hargasha, right? Let's say you knew b'berurus that it's a makkah. You saw that the blood, you saw you had a telescope, stethoscope, whatever it is that they are able to tell, and they see that the makkah is being motzi dam, and she also happens to have a hargasha. So it's not a problem, right? The only thing is, they can't really be a hargasha without dam. So the hargasha itself might aser. So the safek hargasha itself wouldn't be a nidah even with the dam that came from the makor. That's one nidah. In other words, I'm trying to clarify: could we come and say that it's a safek d'Oraisa, but it's actually a sfeik-sfeika? You're right, safek maybe she had hargasha. On the second side is, safek maybe it came from the makor. The problem is that even if it came from the makor, maybe once there's hargasha, I don't even care that it came from the makor, because that itself is, we'll say, it got lost. We'll say that it got mixed in, right? The way we learned the yesod of the din of hargasha, it should come out—we're not finished yet, I have more ways to say it, and this is probably what you had in mind. My second way of saying it also is, it's the same safek, actually. It's not two sfeikos, really. It's not a safek maybe she had hargasha, so then there was hargasha. It's not two sfeikos. It's not—in lashon kodesh it's called a safek hamisapek. It has to be that the safek is, and even if there was hargasha, on that side it would be mutar. No, on the side that it's hargasha, then there's nothing. It's two different sfeikos.
Ela mai, you're being mistapek on the dam itself, where the dam came from. The dam might have come with a hargasha, and even if it, let's say without the problem of mesapek, dilma maybe it came from a makah. This dam, did it come with hargasha? And even, forget about the mesapek, because there's no mesapek. It can't be even if, right? Unless you say it the other way around. Maybe you start the second safek. Maybe it came from the makah, and even if it didn't come from the makah, it came without hargasha. Maybe you could work it that way. It's not a mesapek, because it has to work both ways. That's the whole yesod of sfek-sfeka on a safek. It's not a sfek-sfeka on a safek, okay? Second of all, maybe it's not even a safek on the same thing. I'm claring it's possible it's בכלל not a safek on the same thing. It's not a safek. That's what I'm trying to say. Unless you learn that it's a safek on the dam, and then you would have to start the safek the other way, which is a very big chiddush, because then it's not mesapek and that's a problem. So this is a very big shailah in my mind: if bichlal could you make a hargasha—I'm sorry, bedikah, which is a safek hargasha—and use the klalim of תלי במכה, because in Hilchos sfeikos it doesn't work out. It doesn't work out. So this is, to me, issue number one. I'm going to tell you the issues, then I'm going to tell you lemaaseh how the poskim, the ones that know how to learn pasken, and we'll see. Maybe we have to argue with them, but al kol panim this is the beginning of the nidon. We know that every time there's a bedikah, it's a safek hargashah. And the din of tliya b'maka, first of all, it might not be till after three days. And even if it's before three days, let's say, right, אבל למעשה maybe there was hargashah. So you want to make it into a sfek sfeika, right? So first of all, it's not a sfek sfeika because it's not mishapech. Like I said, unless you go on the dam. Is this dam from? Is it from the makah? And even if it's not from the makah, maybe it's shelo b'hargashah. On the side that it's not from the makah, then automatically also, it doesn't really work out. To say sfek sfeika is very, very shvach. Do you understand what I just said? You're using that it's from the makah with the safek to take away the hargashah also. It doesn't work. Okay, let me tell you another. Why all of a sudden is bleeding now? Bishlema it bled and you don't know where it comes from, so you can be toleh b'makah. But if the pshat is that you made a bedikah and it's bleeding and you want to be toleh b'makah, so it's the fact that you touched it, you're toleh b'makah. Tell me, where is this makah? Make discuss where it is exactly. She felt uncomfortable. Where did she feel uncomfortable? Where? What? So let me tell you, we spoke about this in great length, that be'etzem, be'etzem, it's very difficult to come and say that with a bedikah she reaches all the way up. So what are you going to come and say? Maybe it's from where. Maybe it's from a makor. Maybe it's not. Maybe it's min hamakor. If she has a makor, befi hamakor, if she has a makor over there, then we could come and have that the safek could be in her gufa, that it came from the makor, but that it came from a makor through a makor. But how did it come out? Because she touched it. Could she touch that haya? You can't touch soha. We spoke about this, right? So this I want to show you again. The Beis Yosef in Yoreh Deah, in siman kuf tzadi gimmel, os vav, asks a very nice she'eilah. What's the whole inyan of bedikah? So you anyway can't go all the way up and check it, so what are you bechlal? The whole bedikah is a joke. And what happens if it gets stuck on top over there? What do you have from the bedikah? Bechorim b'sadakin, you're anyway not going all the way up, so what's the... It's a very nice she'eilah. Beis Yosef asks a first she'eilah. He'd like to look at this Beis Yosef. Take a look. Beis Yosef, Yoreh Deah, siman kuf tzadi gimmel, os vav, dibur hamaschil kol bedikos. She'ein, she'ein she'eilah. What's the ma'alah of any bedikah? You anyway can't be bodek all the way, so bechorim b'sadakin. Imagine a person knows he has something...
Behind the sefar. He can't get to it. All right, so I'll ... on the outside. I'm playing games. Who are you playing with? He can't go all the way up anyway. So he says a ma'odik yesod, the Beis Yosef. You're right. But the yesod of bedikah is as much as you could. Avada, listen, nothing's perfect in life. What's going to help is that you checked it, didn't find. That's what the Torah wants, not ... Which is an interesting yesod, because you see from here what the whole yesod of bedikah is by neither. You're not checking for, but you're checking that you didn't find. We spoke about this by bedikas chametz. What's the bedikas chametz? To check for, or to check that you didn't find? The nafka mina is to put the pieces, right? That was the whole nafka mina. The Graian shita, you're supposed to put the pieces out. Pashut, the word always, bedikah is not to check for, because like in the Torah, ... you'll never, you'll never, you'll always make mistakes. I mean, listen, it's to check that you checked, you couldn't find. So whatever you checked, listen, we're not telling you to go there with a machine and then go up there. What are you going to do? That's the yesod, Beis Yosef. You have it? We have a little bit old one. He talks about kinuach, about bedikah. I don't have it here, but ... says, ayla is to make a bedikah as much as possible. Comes out that be'etzem, you never touch the ... The tzaver rechem. So what do you have a מיעוט that what? She has a petza b'tzavar rechem, and that's the case that maybe that dam that's coming from the tzavar rechem might be with a petza; you don't touch that anyway. And why punct now is it bleeding? You touched? You didn't touch it, so you see clearly it's not from that. What happened? So this question I once asked Reb Dovid. Reb Dovid Feinstein, Feinstein. Reb Dovid Feinstein. And he told me an interesting thing. He told me that the metzius does not as a change. From the time of the Beis Yosef till today, the womb, the women are not as strong. It fell, fell. He said, therefore the bedikos, he says, Chazi, go see. You want to say this whole question, it's not Reb Moshe Feinstein. Yeah, that's story. Reversed. Yeah, it's that story. Yeah, not Reb Dovid. The metzius changed. It is, it's taka that way. They're not as strong as they used to be. They're not as big as they used to be. Listen, ... would come and say that she's checking. That's for them. Maybe it's from there. Okay. Now, I want to discuss, as he knows, these factual things. Yeah, because I'll tell you the truth is they're matir. That way you know for sure that there's a petza, b'tzad ha-rechem, the matzui. The matzui, especially if you didn't touch that. Apparently they hold they did touch it. That's what they hold. We hold b'zman hazeh that you didn't touch it. Okay, so let me talk about it, okay? I want everybody to take a look in the Shulchan Aruch. See, we can do this from... Shulchan Aruch, siman kuf tzadik, se'if lamed daled. It's a very interesting Beis Yosef. Good stuff. He talks about, he discusses a lot about how deep can you go. That's what I was telling you, that's the Beis Yosef. So I'm giving you the tamtzit. I'm giving you the... what do you want? What are you gonna do? Beis Yosef, kuf tzadik vav, ois vav. ... okay, go ahead. Kuf tzadik, se'if lamed daled. Right. She'bodekes atzmah b'eid ha-baduk... Right. ... im mashuch, tehorah. If it's mashuch, that it's drawn like, then it's tamei. ... v'ein bo gris, v'od tehorah.
That's the bug. All right. What does the Rambam say? So even if it's more than a kezayis, and there's a makom litplos by, you're allowed to be toleh, which means you're allowed to be toleh b'something else. Go ahead. Next. It's, see, what is it, siman lamed hei, ready? Lamed daled. You finished. You finished lamed daled. Okay, now do the Taz, seif katan chaf gimmel, how he learns up this Rambam. Wait a minute. Rambam didn't speak about a case of bedikah. Rambam spoke about a case of a— not, let's say the word— saying, spoke that she was sitting. Now what's the case? Okay, so, right, what does the Rambam say? Oh, so we could be toleh. Says the Taz, batla? A real bedikah? You're talking about mamash a bedikah, bedikah, bedikah? Yes, says the Taz, 100%. Go ahead, read. Go ahead. Talking about with a real, real bedikah, yeah? Oh, so they just say, so we see from here that even though she made a bedikah, and a bedikah is always a safek, ... de'oraisa, and the chulei v'chulei v'chulei. We could be toleh there, something else. So hu hadin, isha, sheregila that she has a problem with tchirim. Tchirim is—he doesn't use the word tchirim, but that's what he's referring to: verei, blood from the stool, hemorrhoids. Hemorrhoids. Which is one of the she'eilos that a rav is supposed to ask. A rav is supposed to say, Hemorrhoids. Hemorrhoids from the back, not from... That's right. So let me tell you the anatomy of a woman. The anatomy of a woman is that the front and the back is very close, to the extent that you sometimes can't tell the difference. Go ahead. Yeah, weiter. Oh, so even if she went and she was boidek b'ein hamadok—oh, and we'll say b'shaas habedikah she touched over there. Oh, shelo b'shaas... ein kan safek d'Oraisa. Yeah, the Taz aleh, the Taz aleh. Let's say, it's worth a million dollars, Taz. You don't even realize how— You know what he's discussing? Everything I asked you. I mean, it's d'Oraisa. It's d'Oraisa, d'Oraisa, d'Oraisa, d'Rabbanans. What are you doing? And the teretz is, I don't care. Why? Good, but it's a safek on the bedikah, on our gashah. And what's the teretz? Can you say the words sfeik sfeika? Can you say the words sfeik sfeika? He doesn't say why. There's nothing to repeat. You have to repeat. She's tahor. You could be toleh that it's coming from hemorrhoids. What do you mean? Did she make a bedikah? Talk about a bedikah. He used the word bedikah, the Taz. She made a bedikah. Maybe she touched over there. Ay, it's a safek d'Oraisa. And he says, use the words, it's a safek. What? Read those words. Read those important words. Shelo hirgisha. What does he mean, ein kan safek d'Oraisa? Because since the bedikahs are always safek d'Oraisas—yeah, but not this. What's the taich? No, because it depends on... Is it vadai mako, safek mako? Well, it's not clear. She always has the problem. Doesn't even say vadai. Shegigah. Just says she has a tendency. Doesn't say for sure. We know for sure now, and we send her to the doctor and we talk to an investigator. She has a tendency, not a problem. Wow. Big, big, big nekudas here. Big nekudas. Telling ma'aseh shehaya you never had. Had a big machlokes, almost till enemies, which you know is not...
You already know about it, because I don't talk to people ... But a certain woman called me up. Well, actually it wasn't the woman. It was the woman called, and I do not talk to ladies, so I told the husband to call. So the husband called, and the husband said to me that he has an issue. What's the issue? The issue is that she made a bedikah, and she has to go to the mikvah, blah, blah, blah, and bleeding. What do we do? She said, There's nothing I can do. Either you come and show me the bedikah, or there's nothing to talk about. I don't hear from her. I figured, I don't know. A few weeks later, I meet the guy, and I tell him, Tell me something. What happened? You called me, and I didn't hear from you. He says, She went to the ... What are you talking about? So he says to me, Yeah, I called up Rav so-and-so. Maybe it's better I shouldn't say the name, Rav so-and-so. And Rav so-and-so said to me, Oh, I know already your wife's history. Your wife has problems that she has ... she has things over there, and she bleeds whenever she makes bedikos. Go to the mikvah. I thought my blood started going to my head. My blood started boiling. I said, What are you saying? What are you talking about? Blah, blah, blah. But she was sick? No, the rav was sick. The rav was very, very sick. I'm just kidding. Bottom line is, this guy knows who he's talking to. And I was wondering, where does he come from? Hayitachen. And the answer is, he's quoting this Taz. You pay close attention, he's quoting this Taz. That this Taz is saying that even in a bedikah, we can be toleh, what? Since she's regilah, we can be toleh b'saim. It's an unbelievable thing, huh? Let me call the mother. No, he was matir. Let me call the mother. No, no. But I tried to understand where he's coming... I mean, I don't hold he's right anyway, because you need to know that she's a regilah and not... I know your wife, whatever that... And I'll tell you another yesod. And I'll tell you another yesod. I hold that if you learn the Taz properly, the Taz didn't speak about that she has regilus to see p'saim over there; she has p'saim from the back. It's not—she sees it. It's farkert, there's p'saim from the back. You can be toleh on the hemorrhoid, but you can't start to be toleh with that. Dam nidahs are p'saim, you understand? That's the new shtick, dam nidahs. Oh, I know she has a problem with it. It's like taking one step further. Yeah, yeah. You come and say she has a side problem, then you come and say, maitzei dam. But if the chiluk is—possible that she should repeat that and touch it and whatever, it's the same thing, because the blood is coming. So then there's no need. She doesn't make any bedikos. She's going to be with her husband, she's going to bleed. She's going to bleed and nothing—no, there's heavy bedikos. She can't make bedikos. You know what? She should just be tahor. She has a problem. She should be tahor all the time. On the first day. The chiluk is that you can be toleh in a makkah. You can be toleh in a makkah. But to come and say that a woman has a tendency to bleed from there—every woman has a tendency. But if she has a makkah there, again, so you don't know that the makkah was nisraf or not nisraf. You can't come and say that dam which comes from there. If it's dam that comes from somewhere else, you can be toleh the dam from somewhere else. The dam that comes in the nigar, you always say it comes from the makor. It always comes from the makor. Whatever doesn't come from the makor. Okay. Now, I want to discuss that the wording of the Taz is very much like this Rav's mahalach, and the chiddush is even on a safek. Now why? So here we can come and say ספק ספיקא. Or if you read the Taz properly, I heard a very nice loshon in the Taz. The whole thing is that, what, that we're toleh for our hargasha, so it's anyway a teliyah. So once we have a different teliyah, so why toleh in our hargasha? That's what he's saying. What he's saying is that the whole safek d'Oraisa is because maybe this, but once we have a scenario which it might be maybe that, so then it's not this, maybe it's that. It's not a safek d'Oraisa.
It's deeper than a safek d'Oraisa. Every safek d'Oraisa is, because this is a safek, it might have become a d'Oraisa. You understand the difference? It's not a safek d'Oraisa. You have chazakah; it's a safek chazakah. Here it's a safek where it's from. So when you make a bedikah, it might be from here, with a... it might not even be from here בכלל; it might be from a different place. If the dam is מן המקור and the safek is a safek d'Oraisa, if there was a hagasha or not, that's a whole different thing. But if it might not even be from here—here, I'll give you an example. Let's say a person comes and shows him an egg. It's a safek d'Oraisa of chazakah, but it might not be chazakah; it might be an egg. It's not a safek d'Oraisa. Could you have a safek of something if that thing might not even be the whole metzius of that? It might be something completely different. What? No, I don't think he's saying that. I think he's saying something else. No, no, I don't know. I'm saying a different word. You don't even have a safek d'Oraisa. It's a safek that it might be, but not necessarily, because it could be something completely different. I'll give you an example. You have a piece of meat—it's not safek in the din, yeah? No, no, no, let me say it again. That's always safek d'Oraisa. So you don't know, so you say safek d'Oraisa. No, that's safek in d'Oraisa. When someone doesn't know, he talks like that. But someone doesn't know that's how he says it. It's always a safek. You're talking simple talk. Let's see the case. If I brought in front of you a piece of turkey, could it be a safek it might be chazir? No. But if you don't know that, if there is a safek, not in the metzius. The safek is you don't know. It's a chisaron yediah. You don't know that turkey is not chazir. That's a safek. Every time a guy goes, Ooh, let me see, it's a safek chazir. Oh no, it's not, it's cheese. You're still not going to eat it because... It was mukrach that the safek became nisbarer that it's not chazir, it's cheese. So you hear the chiluk? So if you hear the chiluk, then learn to stick to what you just heard. I'm teaching something very, very deep and very emes. A safek is, if I come, Ooh, it's a safek what kind of sefer this, right? But then all of a sudden I go look, Ooh, is this a sefer? Ooh, it's a safek. Oh, it's not a sefer. How? Okay, nisbarer the safek. It's not a sefer. You're saying maybe it's dam, and maybe it's dam b'hargasha. Wait a minute, it might be dam tehorim. It's not even dam, what are you talking about? You hear it? How do I get them to understand it? Nothing. There's no way to get these. I know, so what do I do? They don't understand. What am I supposed to do? So could you make sure he understands it, please? ... There's no shemesh. There's no shemesh, that's right. When the shemesh might be from something else, it's nothing to do with this story. There's no gray, black or white. It's either safek or it's blood, or is that blood בכלל? Can I come and have a safek on cheese that it might be dam, mi'deRabbanan? You have a tzad that this might be cheese, but there's a safek, but it also might be dam nida bargashah, so it's asur d'Oraisa. Imagine a guy comes and he sees a piece of meat. What's a safek chazer, and it's also a safek nida, dam bargashah. It's not dam nida; it's blood from a beheima, so it has nothing to do with that. And the tzad you can be toleh l'toarim, there's nothing even to be mistapek. It's not too sfeikos in the issur. Okay, can maybe give another case? Where is there two sfeikos in issur? What is the issur d'Oraisa? What is the safek d'Oraisa? In other words, where she founds hergashah. And now she knows hergashah came because of peka, because... Exactly. Now there's a makor. Maybe you're confusing. It's not. Whenever you have something that might be kosher, in this case I'm saying there will be a case where safek safek d'Oraisa. In this case, you don't know if it is even dam nida, so it has nothing to do with the safek b'hargashah. No, you want to create a safek. I want to— Where is... Kitzur, just learn.
Every case is like that, every case of meat. And then when you finish that, peel that dish, or the Ramos, and then go into Mukat Etz. Yeah. This was the suffix. This is the suffix. It's very simple. The clear is, read me again the lashon of Taz; you see that he says it clearly. This is not even a safek d'Oraisa. The kivan shelo hirgish b'dam min hamekor. She didn't see dam min hamekor, so what are you being mistapek? Might be d'Oraisa? She might maybe, maybe it's something—maybe it's not even blood, it's cheese. That's what. Where there's blood and then you want to clear with hargasha, not with hargasha, and then the bedikah overcovers and it's a safek, it's a safek d'Oraisa. But here you don't even have what to be mistapek about. This woman sees—you're looking now, it's a beautiful vort, a beautiful pshat in the Taz. Oh, that's what I want to get at. That's exactly what I want to get at. Okay, listen carefully. Now, what was the lashon? The lashon of the Chavas Daas is—I'm sorry, the lashon of the Taz is what? B'shas vestah shelo b'shas vestah. What was the case? Shelo b'shas vestah, which means this won't work. This won't work b'shas vestah, right? Which means this—time that she's supposed to see, we're not going to sit and say it's hemorrhage, because then, like I explained to you, then there's no other story. The Chavas Daas paskens that the Taz is lav davka; he didn't mean it that way. He meant even b'shas vestah. The Chavas Daas, the biurim, siman kuf tzadik os yud ches, that when the Taz says shelo b'shas vestah, you should know os yud ches. You should know it's even b'shas vestah. The Pischei Teshuva, se'if katan lamed tes. Comes and says, afilu bimei libunah, zayin nekiyim, shazvesh, shalosh shazvesh. What about shazayin nekiyim? So Pischei Teshuva says that this taza halacha l'maaseh, even shazayin nekiyim. If she has techorim, which is Rabbanan do this, they ask whether she has hemorrhoids. Hemorrhoids, okay, finished. The taza, it's all have a nice day, everything's fine, everything's wonderful. Why don't you say it's an investigation? You have to check where it came from, and that's it. The whole safek is that he has to check where it came from. Hemorrhoids. What do you mean check? She knows she has. You mean let it go to doctor and check that she has hemorrhoids? Whatever it is, the safek is that she checked. You see from here, you see from here, you don't have to do that. That's what you see from here. As long as she's bogeles to see, it's good enough. Yeah. This case was, but she was checked in the bed, like, dark, and she put ridiculous clothes under her pillow. Today she... Okay, so where did you see this chiluk? You just made it up on the spot. No, the case was bed. But... What was the case? Nothing. She put it in the bed. She was in the bed, dark, and she made... It's dark. You want to show me where it says anything about dark? And there's a shade. Does it say anything about... Why did she put under the bed? She shouldn't get lost. She shouldn't get lost. Why? She had no time. No, but the whole thing is you have to have a teliyah, otherwise it's going to be תלוי במחלוקת. How are you going to תולה on a machlokes because possible to find in the bed? No, I'm saying that if she have it live, she couldn't take it away. Why? What if she—she's not checking nothing. She's a nobody. Maybe she doesn't know anything. What does that have to do with it? The case is machlokes. You want to have a case where it's possible that the bug got there. Put on their pillow. Today, let's say she will know that she went. How would she know? It's not true. She lied and it came out. Even with the right place, we're not saying went through one place. That's not what the pasuk says. Pasuk by mistake. She touched over there. She's a speck of blood. Maybe it's from there. Maybe the ketzas. Okay, so let me tell you that this tas is be'emes mamish a din. It's a din. It's a piece of—any moira horaah must keep this tas in his pocket to use constantly. Amyunis. There's only one problem that scares me. She said something about touching. Didn't he say about touching? Naga, gam sham. Naga gam sham. There's a sibah uvatka atzmah. Even if she—if let's say...
She was not noga, so we have to come and say that this taz would only help me on the tzad that you're able to touch. The possibility is to touch, right? That's the only way we could use this taz and say that if she has b'tzava rechem, she has something, if she could touch it, because he says maybe she touched. Doesn't mean— Is it dak or not dak? I want the ta'ina who's... One second. Is it for sure she touched or not? It's not from the taz that she touched. Right. So the vadai... she touched it there. Don't say safek or whatever. No, it's— no, but... do you know she touched? The tzad safek is that she touched there, because she touched. Yeah, yeah. Or gilui, it doesn't mean that it has to be that way, but that's part of the safek, that it might have been, not that she did touch. Maybe she touched. Because it's not clear in the lashon. Did he mean that he touched and therefore it bleed? Well, the pshat is that's possible on the tzad safek, what happened, that she... It's possibility to touch. Why do we always say that safek? That's right. That's an unbelievable ta'ina. Then it comes out the... No, but every bedikah there's no reason to be choshesh. Who says she has a makah? Who says there's anything? So then it would come out a me'ichish. Let's say she makes a bedikah, she's not necessarily touched. It's possible she touched. Possible. It's already good enough, right? He brings this in the... He says that if there's a possibility that it could come there, even if it didn't. So let me tell you, I want to learn the taz this way, but I'm not sure. I found Sefer Cheshev VeEfod—he was a dayan in London, a big talmid chacham, a lot of people quote him. He says like this: Oy hissna Taz, sheyehei yadua lah shenoga b'veis harei b'shaas bedikah. That's one of the conditions. V'nira pashut shelo hitzrich haTaz lazeh. He doesn't really need that. It's not true. He didn't mean that there has to be that one. Ela b'uvda d'idach, shehayah makom motzi dam b'veis harei, uv'stam man yehei mishnoge sham b'shaas bedikah. Aval kegon nidon didan, shehamakah b'sfas shel harechem, vadai shenegashah b'stam v'lo hizdantzarech. First of all, the Taz, even with the Taz, you have to touch. Our case is different, because if she's making bedikah, because she's touching, there's no reason to think that she didn't touch. Over there, it's pshat shehas to go there to touch. So then he says, v'nir'eh nami, d'gam b'lo zeh, she'isha bodkah makah achar rosh hamakor motzi achshav dam, lo isha tehorah. Ki achari shehuchzak shemakasah motziah achshav dam, harei zeh dugmas hauvda shemitares, shemitaheres isha mishum shedarkah lhotzi dam mi'veis harei, v'ein hadaas masna sheteida sheyotzei achshav dam mi'veis harei. You don't have to know that now. She's a roga. It's common. It could happen. So the safek itself that it's possible is already good enough. But then she touched or not? Nothing's muchrach sheshe touched, but you don't know if she came from there or not. That's the safek. That's one way to learn the Taz, and the other way to learn the Taz is that's all part of the safek. Very interesting. That's how he wants to learn. So it comes out a very chiddush, and this is the only difference. This is not clear, but I'm telling you that it's the same way how to learn the Taz. You don't have to know that this is a motzi dam, but it's roga lhotzi dam. What's the nafka mina? It comes out a very nafka mina. Should she check to see if this is a maytzi dam, or it's good enough to know that she has it. If you want to be toleh that it's maytzi dam, go check. You know what? Put your finger. It's actual blood. Put your finger and see if it's a maytzi dam. You know what the teretz is? Even if it's not maytzi dam now, it doesn't make a difference. It could have been maytzi dam. So, ... she's saying. V'nir'eh nami, d'gam b'loi zeh, she'isha badka, maka v'rasa makom motziah achshav dam. Even if she doesn't do this, ki achar shehutrah shemakah zu darkah l'hotzi dam, harei zeh dovar ha'omed sheb'tashmish darkah l'hotzi, ein ha'taz mashma pei dam. You don't have to know for sure that it's a maytzi dam. ... siman kuf yud gimmel, se'if katan beis. The only thing is, this is one nafka mina: do you have to know that you touched, or you don't have to know? So he's saying a ... in the case of rechem, you know that you touched. The only thing is, I—it's high up, so it'll be toleh. If you learn that today you take a check all the way up, fine. Ideally, you could learn the Taz that you don't even have to say that she touched. She could touch. It's one step further.
What's the further the top? Might have touched. Question. Might have touched, question. Okay? You don't need it. You don't have to check. That's what I'm trying to say. Then he speaks about another shaila a little bit also. He says it's a case that's bleeding and now it has a scab, whereas before the scab. He says there's two types of makos. He says it also, this is a live scab. It's right up right now and it came from there. It came from there. And if it's a hard scab, he's mechalek that also, then you can't be toleh b'maka, but you can say that the bedikah is on the maka. He speaks about that shaila. Okay, so after comes the shaila for the posek. You have to get into the detailed, the detailed scab, this, that. Should you go to the doctor? Should you check? Is it bleeding? This is all the nidon of the shaila. I'm answering. You don't have to come off the six-weeker. Huh? Nine months. I said, yeah, okay. I said this, yeah, believe it.