ד Hilchos Nida Rav Baruch Simon shlit

A. Gm 17A- In Munbaz they used to check their beds in the daytime for kesamim and mazkirin oso l’shvach.

1. רשב"א Thbk- Ohr hayom yafe l’bedika.

B. Beis Yosef 196:4- quotes this רשב"א as well.

*Shayla is what about today when we have electricity, can we look at maros at night under lights.

C. Toras HaShlamim- This whole din may only be b’zman chazal when they had to differentiate w/in reds, but today just need to know if it’s red or not, this din doesn’t apply.

- Will talk more about this when we talk about maaros.

A. Smak – woman who only counted 6 days, went to mikva and was mishameish w/ her husband. Has to wait 4 days (shichvas zera) and then one day for day 7 and then go to the mikva.

*Can also be applicable to couple who are nichshal during 7 nekiyim.
B. Beis Yosef 196:12- Even though not retzufin not a problem b/c not really a zava anyways, (see inside).
What about woman who counted right and then didn’t do a proper tevila?

• 
  She doesn’t have to wait 4 days b/c already finished 7 nekiyim and can go right away.
  

- Why is tevila only at night and can we ever allow tevila bayom?

A. Parshas Metzora 15:28- Woman who is tehora from being a zava, counts 7 days, v’achar tithar.

1. Have to be consecutive, no tuma mafsekes

2. R’ Shimon – After she finished miktzas hayom of day 7, she can be mitaheir herself by going to mikva during day, but chachamim say don’t do so shema she will come lidei safeik (This drasha is actually found in Toras Kohanim).
C. Gm Pesachim 90b- Tevila midoraysa is by day for e/one except for nida and yoledes who have to go at night (Shivas yamim tihiye b’nidasa)
( Why the chiluk btwn nida and zava l’inyan miktzas hayom k’kulo?

- Could just say gzh”k.

- R’ Shachter from the Rav: Why do we only say miktzas hayom k’kulo by zava and not by nida? B/c only say miktzas hayom k’kulo when there are nihugim, things that we do. So by zava, needs a bedika on day 7, so can have miktzas hayom k’kulo. But by nida, no need to do anything on last day b/c could have done hefsek tahara before day 7. Based on this, R’ Shachter wanted to say that’s why we say miktzas hayom k’kulo by shiva b/c there are nehugei aveilus. And what about at the end of shloshim? Yes, we do. And what about last day of 12 months of aveilus? No. Conventional approach is that shloshim is din in days, but 12 months is din in months, no concept of miktzas hayom k’kulo by months. But R’ Shachter wanted to say there aren’t nihugim, just issurim. משא"כ by shloshim, where even though no positive actions to do, the lack of shaving, haircuts, etc. is there to create positive attribute of nivul which don’t have by 12 months).
D. Our women are nidos but we give them the chumros of zava, so can we allow them to go to the mikva by day (b/c already had 7 full nida days)?

- Gm Nida 67B asks just this question: Gm says אה"נ meikar hadin מותר, but we don’t allow them to b/c we’re nervous that they will come lidei safeik.
Question how we understand this safeik/chashash of the Chachamim?

1. תוס': Chazal assured going to mikva during the day b/c maybe they will be together right when she comes back, and if she then sees dam the rest of the day, it will turn out that she was zava the whole day and her tevila was nothing. Turns out he was boel a zava.

2. בעה"מ: Chazal are only assuring the bia by day so that shouldn’t come to this problem. But going to mikva by day is 100% מותר, and gm’s whole question was really about the tashmish b/c how could they אסור tevila b’zmana b/c of so many chashashos one on top of the other!

[3. רשב"א Thb Tevila 31a- Quotes those who want to say that woman can go to mikva by day on day 7 b/c the issur was only on tashmish and says V’eino nachon]

*We assume like Baalei תוס' and רשב"א, not like the בעה"מ.
II. What if violated the chachamim and went to mikva during the day?

A. רמ' IB 11:17- woman who goes during 7 nekiyim, before day 7, not a good tevila even bidieved. However, if went day 7, even though she shouldn’t do so shema she will be w/ her husband during the day, considered a good tevila.

[1. ש"ך 11- Quotes ב"ח who is machmir that should be toveles again from Maharil, and ש"ך himself writes tov l’hachmir.]

A. Gm Nida 67b-

1. בעה"מ: Thinks b’zman haze no worry about srach bita b/c that chashash was only when they were keeping doraysas and used to go motzei 7, and if this girl then does 7 by day, this wasn’t a tevila at all! Im kein, have gzeira on 8 atu 7 by day which would be doraysa. However, nowadays, worst case she goes by day on 7 of nekiyim not such a big deal anyway [and lishitaso, מותר ligamrei to go day 7 anyway].

[2. רא"ש Hilchos Mikvaos – rejects the raya of the בעה"מ b/c the heterim the gm gave for day 8 were only in special circumstances, but otherwise day 8 was אסור b/c of srach bita, and this was already after chumras R’ Zeira was in effect b/c the next line in the gm is when R’ Papa says that women nowadays are all safeik zavos b/c of chumras R’ Zeira?!]

B. Gm continues that there were situations when chazal were meikil to let women go day 8 during the day: i.e. Wild animals, robbers, or it’s very cold, and not choshesh for srach bita. But gm has no heterim for day 7.

1. תוס' dh Mishum: Quotes ר"ת that as long as the woman won’t come home until night no problem of going to mikva during the day. Don’t have to leave the house when it is night. B/c no problem if she is toveles samuch l’chasheicha b/c won’t come lidei safeik, and as long as she comes home at night daughter won’t know that she was toveles bayom.
IV. What was ר"ת talking about? Day 8 or Day 7?

Srach Bita is only a chashash we talk about on day 8, but also says that won’t come lidei safeik?

A. שו"ע 197:3- אסור to be tovel on day 7, and even on day 8 or 9 mishum srach bita.

1. ש"ך 197:6- mashma even if she is toveles samuch l’chasheicha and comes home when its already night, like the Rashbam (see below). Then quotes Agur that in Germany they had minhag to be tovel samuch l’chasheicha, and ש"ך says this is b/c they hold like ר"ת, but thinks should be machmir. But this kula would only be for day 8, but on day 7 should never be toveles samuch l’chasheicha v’yesh limchos b’yad ha’osos kein. *Clearly reading ר"ת as only applying to Day 8.

i. Unclear from Beis Yosef and ב"ח what they hold. But they don’t argue w/ lashon of the טור, so could argue they agree w/ the טור. Not entirely clear.]

4. שו"ת Avodas HaGershuni 20- Thinks that ר"ת is also talking about day 7, and ר"ת thinks that coming back at night will matir both srach bita and the safeik of being together during the day. Pashtus he means that srach bita is also a concern on day 7 as well, and ר"ת is saying won’t have that problem either (see details below).

5. Sidrei Tahara 197:9- Quotes ש"ך, Avodas HaGershuni, and Chacham Tzvi. Also quotes the Chut HaShani who is upset with communities to allow women to go to the mikva by day. And in Frankfurt allowed women to go bein hashmashos. And quotes Minchas Yaakov who is upset with this minhag. And quotes Tzemach Tzedek that even if there are other ppl living in the house and she is embarrassed and wants to be tzanua to go during the day so she can be back in time for seudas שבת, lo yafe osa. These poskim apparently didn’t think ר"ת meant day 7 (See below for rest of Sidrei Tahara).
V. How early is ר"ת allowing women to go the mikva?

[A. רא"ש Hilchos Mikvaos- Quotes machlokes ר"ת and Rashbam as to when the tevila must take place:

a. Rashbam: Can be toveles only mishetechshach.

b. ר"ת: Can be toveles samuch l’chasheicha and make sure to come home after dark.]

[C. ב"ח 197- Argues w/ Beis Yosef, thinks ר"ת meant samuch l’chasheicha davka b/c that way even when the mikva is far, daughter won’t realize she went during the day b/c she will still come home a significant amount of time after tzeis, and is midayeik this from lashon of תוס'. And Rashbam is even more machmir that can’t leave the house until tzeis.]

- Korban Nesanel says maybe the gzeira not to be rochetz b’chamin on שבת was only when bathing for bathing sake, but not for ritual washing (i.e. mikva). But Chacham Tzvi doesn’t like it. So one chacham said let them be tovel by day on erev שבת, and he doesn’t like this either, and being over on din dirabanan of going by day, and acc to shiltos weren’t yotzei their tevila at all. So stuck either way. Best thing is that they should go in the cold mikva or wait until motzei שבת. But then says let them go bein hashmashos b/c din that a/thing assured mishum shvus, no issur during bein hashmashos, so let them go then and can go b’chamin. And not too early to be tovel b/c can rely on ר"ת b/c can rely on ר"ת even shelo b’shaas hadchak, kol shekein here.

**See that he’s only willing to rely on ר"ת by bein hashmashos.

E. שו"ת Avodas HaGershuni 20- Explains that since whole concern on day 8 is srach bita and we are doche that concern in cases of ones (lions, robbers, etc.) im kein, delaying her ona is also an ones, and can be doche srach bita for this as well. And problem of safeik is solved by not coming until night. Therefore, even though the ב"ח argued w/ the Beis Yosef and thinks samuch l’chasheicha is davka, since in our case we’re not worried about srach bita at all, and the whole reason to go only samuch l’chasheicha was altz srach bita, can certainly assume like the Beis Yosef and she can go earlier in the day.

A. Sidrei Tahara 197:9- Has limud zchus for communities that were noheig like ר"ת: Quotes רמ"א שו"ת that when dealing w/ takanas hatznuim, those who want to hide the fact that they are going to the mikva from others, were not choshesh for srach bita, added together w/ the Avodas HaGershuni that only problem w/ day 7 is srach bita. And don’t say maybe she should just wait until motzei שבת, b/c acc to Avodas HaGershuni even for bitul ona of one day no chashash srach bita, and ר"ת would say a/ways that can be tovel samuch l’chasheicha lichatchila. However, this is only if she will come home after dark and there is reason of tznius.

*Generally, ppl are not chosheish for the Chassam Sofer.

C. Igros Moshe YD 3:60-Brings mach ב"ח/ש"ך vs Sidrei Tahara/Avodas Gershuni/Chacham Tzvi. Thinks mashmaus of רא"ש is like Sidrei Tahara as well, and im kein, טור must have really meant that as well, and thinks רא"ש and טור pasken like ר"ת. Im kein, in case of ones, can be matir her to go day 7 if she won’t come home until night. And thinks she can even come home to light candles if husband leaves to go to shul early, even acc to Chassam Sofer b/c no chashash when he’s in shul. And is meikil even if she comes home during day and he’s there if there’s no way for them to have yichud, i.e. they have children in the house. And adds also that since nowadays ppl come over all the time in early evening hours not chosheish they will be together before night, so is mitzareif this l’kula b’shaas hadchak.
D. R’ Aharon Kotler (From R’ Abadie) would be matir in situations of tzorech.
E. R’ Abadie- has to be situation where it’s not shayach that they will have yichud. And in terms of when ppl make early שבת in summer, if eating at another couple’s house, or eating in the shul, no private bedroom of your own, then would be matir in case of tzorech. But not if staying at parents house where have private bedroom. And husband shouldn’t be the one to drive her back. More machmir than R’ Moshe.
*R’ Simon added that level of tzorech needed to invoke this kula depends on minhagim in different communities and the Rabbonim there. Therefore, should always check w/ the community Rav to find out their minhag.
V. Kala

A. רמ"א 197:3- Kalos can go to mikva by day before they get married b/c they don’t bring her to see the chassan until night anyways (Maharil). Mashma that is always, whether day 7 or day 8.

1. ש"ך 9- Machmir even by kala that shouldn’t go by day on day 7 b/c of chashash shema tire v’tistor.

a. Be’er Hetev 8- Doesn’t understand b/c they’re not going to see eachother until night when they get married! Dagul Merivava also doesn’t understand and thinks we can be meikil by night wedding.

[b. Toras Hashlamim – Dvarim Temuhim. But could be that ש"ך understands that on day 7 made gzeira shema will see the chassan before dark, but by day 8 no such gzeira l’gzeira (maybe explaining that ש"ך is lishitaso, doesn’t think anyone has heter for gzeira of shema tire v’tistor when it comes to day 7, not even ר"ת, so kind of a lo plug).]
B. רע"א שו"ת 71: Getting married and divorced at night b/c don’t allow geirushin at night b/c its dinim and don’t have dinim at night and hekesh havaya l’yetzis. Says no problem. And could be that reason they started having weddings at night was b/c of this din of ש"ך, so that can be machmir like the ש"ך, even though many argue w/ the ש"ך. So if that was their minhag, no need to change the minhag and can get married at night.
C. Sefer Chok U’Zman- tells maaseh from R’ Ephraim Greenblatt that wedding was thursday night and that was also leil tevila, and s/one was machmir that they shouldn’t go bayom and then couldn’t find a mikva open at 3am when the wedding ended, and then wouldn’t let her go Friday by day and they were nichshal on שבת, and they called him crying, wanting to know how to do teshuva. And after this maaseh, he decided to be more meikil to allow ppl to go during day on erev שבת.

שיעור #30- 1.26.09

Tevila B’zmana Mitzva
נ"מ: Woman out of town who would have to spend $200 to get to mikva on thurs nite, or just wait till she gets home and go fri night.
I. Source of Tevila B’zmana Mitzva

A. Bamidbar 19:19- Para aduma water should be sprinkled on the tamei person on 3^rd and 7^th day.

B. Gm Kiddushin 62a- ה"א that could do 3^rd and 8^th day, קמ"ל that need 3 and 7 davka. C. Gm Yuma 8a- Separate Kohein gadol for 7 days before YK, and b/c not sure if he is tamei or not sprinkle mei chatas on him, but machlokes whether do it e/ day or just 3 and 7. Gm has possibility that this mach depends on whether you hold tevila b’zmana mitzva: Is it important to hit the exact day or not.

Then gives another case of man who has Shem Hashem on his skin and needs to go to the mikva, machlokes whether he has to cover it up w/ loose patch or not. Also, maybe this is taluy on tevila b’zmana mitzva or not b/c if concerned that has to be davka that day don’t want to make you worried about the patch and won’t have it and will come to do tevila shelo b’zmana.

1. תוס' Dh D’kulei: Machlokes how to pasken:

a. ר"ת- tevila b’zmana lav mitzva

b. ר"ח – tevila b’zmana mitzva.
D. Gm Beitza 18b- All chayvei tevilos tovlin k’darkan, even on b’Tisha b’av and YK.

1. תוס' kol- that was only bizmaneihem that they really went b’zmana after day 7. But nowadays since always wait full 7 nekiyim, nothing to talk about. Then quotes ר"י that only allowed them to be tovlos on YK and Tisha B’Av b/c they were asukim b’taharos. Mashma that even if said tevila b’zmana mitzva nowadays, still wouldn’t allow it on Tisha B’Av or YK anyway. And acc to first deia, don’t even have discussion about tevila b’zmana mitzva bizmaneinu.

1- Gzeira d’raba (might carry them).

2- Nire k’misakein kli. Gm continues, im kein, then should be אסור to be tovel a person too, but we know person can go to mikva? B/c by person, just nire k’meikar, cooling off.

1. Mordechai Hilchos Nida: Since ר"ת holds tevila b’zmana lav mitzva, אסור to go to mikva on YK or שבת.

2. ראב"ד quotes Shiltos – Since nowadays no din of tevila b’zmana mitzva can’t go to mikva Friday night.

3. Trumas HaDeshen 255 – Now that ppl are very careful not to be rochetz on שבת in any fashion, even though not really אסור, im kein, going into mikve won’t be nire k’meikar anymore and now have same chashash of tikun mane and can’t go if tevila b’zmana lav mitzva. Im kein, can only allow woman to go to mikva when baala ba’ir and had no chance to go beforehand, so now have mitzvas ona, then we’ll be meikil, but otherwise will be machmir (mechadeish the chumra, but also mechadeish a kula that mitzvas ona will also trump chashash nire k’tikun mane).

4. טור 197- ר"ח paskens tevila b’zmana mitzva, therefore woman should go to mikva immediately after yimei sefira are over.

a. Beis Yosef doesn’t understand lashon of “hilkach”, that is what tevila b’zmana mitzva means? Ela mai, coming to explain that even though tevila b’zmana mitzva really only means for women keeping nida doraysa, going to mikva night after 7 of yimei nida, nevertheless we call this tevila b’zmana mitzva, to be matir tevila b’שבת. (And תוס' who said no such thing nowadays, that was l’inyan being matir tevila on YK, much more chamur issur).

1. מחבר: If baala ba’ir mitzva litbol b’zmana in order not to be mivatel mitzvas pirya v’rivya even one night.

2. רמ"א: מותר to be toveles on שבת if she couldn’t do so beforehand, but only if baala ba’ir. And if she could have gone beforehand, brings deia that its אסורה litbol on fri night, but this is only minhag in some places and places where there is no minhag, ein l’hachmir. And if there is minhag to be machmir, then should be machmir even on motzei שבת.

[1. ש"ך 3- quotes ב"ח who thinks should be machmir midina. Vehemently disagrees b/c even though ב"ח argues that tevila b’zmana these days is lav mitzva, we have Trumas HaDeshen who presumably would be meikil when husband shows up on erev שבת b/c of mitzvas ona which came up only today, and Beis Yosef who would be meikil b’chol inyan. And this is why רמ"א says that when on minhag ein l’hachmir.]

*R’ Abadie thought that in case of the woman who was away could be matir her b/c of the hefsed mamon. But אה"נ if it was just a little inconvenient, then really should go on time, not wait until שבת. Also thinks that in general don’t treat Trumas HaDeshen’s issur so chamur, and can go even when her husband isn’t home.

Hot Mikva on Friday night
C. Gm שבת 39b- אסור to go into hot water w/ kol gufo.

1. Korban Nesanel 100 – First quotes Chacham Tzvi that it is a problem, so just go into hot mikva on bein hashmashos b/c no shvus bein hashmashos. But thinks it’s a tartei d’sasrei b/c if it’s day, then too early to be tovel, if night, then already שבת (maybe not the best tayna b/c Chacham Tzvi explains that he’s working w/ ר"ת). So he says different, I wrote b’arichus s/where else (we don’t have it), that din of rechitza b’chamin doesn’t apply to a mikva, it applies to merchatzaos only.

1. Mordechai Hilchos Nida – this was only allowed there b/c ein shvus b’mikdash. And bothered by gm taanis that says can’t be tovel in chamin b/c maybe it will be sheuvim (R’ Shachter likes to point out that see that idea of ein shvus b’mikdash is not just l’inyan the avoda per se, but a/thing that would go on in the mikdash).

2. Node B’Yehuda או"ח 24 (Tanina) - Tevila b’chamin b’leil שבת. Person asking the shayla thought even lukewarm should be אסור b/c was special kula to be mafig tzinasan for khg, didn’t even get to lukewarm. Node B’Yehuda says this is not a raya b/c that sugya is not talking about rechitza on שבת at all so can’t make such specific diyukim. So poshrim is מותר. And says that should tell the mikva ppl to pour in hot water on Friday so that by Friday night will still be lukewarm and will be מותר. And even though Korban Nesanel has interesting idea, but don’t have his svara anywhere so can’t be somech on it. And even though has svara that whole gzeira was that shouldn’t come to heat up water to bathe on שבת, משא"כ by mikva, done right at beginning of שבת, so no chashash, however, doesn’t want to rely on it and thinks its better to just pour in on erev שבת. But limaaseh he says the mikva ppl are not so careful and I don’t pay attention b/c mutav sheyihiyu shog’gim.

[*Limaaseh, most mikvaos are mamash hot on שבת, presumably relying on Korban Nesanel]