ד Hilchos Nida Rav Baruch Simon shlit

A. Gm BK 82a- 10 Takanos of Ezra: One of them being that woman should be chofefes and toveles. רש"י- Comb her hair mishum chatzitza. Gm continues, what’s the chidush? Chatzitza is problem midoraysa? Answers: Midoraysa, just need to take a look, make sure there’s no chatzitza. The combing is an added takana.

1. תוס' Vshetihei – ר"ת: Chafifa is only done to the head. But for rest of guf only need hadacha.

2. תוס' Nida 66b dh Im – quotes from Machzor R’ Shamria that chafifa needs to be done to the whole body.

3. רמב"ן Chidushim Nida 66b – Minhag is to wash their whole body in hot water b’shaas chafifa, bringing raya from gm 77a where talk about all the ppl to bring the keilim to do the chafifa, clearly not just for head, but for whole body. V’hamaavir minhag ze yimtach al ha’amud.

*This is the minhag. Women take baths before going to the mikva. R’ Abadie likes to point out that there’s no makor that it has to be a bath, it can be a shower too. Need to wash the whole body in hot water.

*Want it to be close to mikva, but if too close worried you will rush it.

- R’ Yeimar: Even the extensions are correct, but not 72hr case, that’s too far removed (רש"י), better to do the chafifa on leil tevila and won’t even let you do that when it’s motzei יו"ט.

1. רש"י- L’chatchila do chafifa during day, bidieved do it at night.

2. תוס' Nida 68a Kach – Quotes Sh’iltos: Better time to go the mikva is at night, but if you can’t, then do it during the day (i.e. Fri night tevila have to do chafifa during the day). Opposite pshat in heicha d’efshar. And now no stira between beg and end of the sugya b/c we always say better to do it at night, but if can’t, then do it during the day, and the previous sugya just tells me how far back I can go [why not always do it at night in all the cases in beg of the sugya? They’re all cases of motzei יו"ט? R’ Simon addressed it, but not clear what his answer is.]

*And תוס' brings that there is minhag to be mikyaeim both the sh’iltos and רש"י, to start during the day and finish the chafifa at night.
D. טור 199:4 – Tevila is chal motzei שבת, so can’t do chafifa day of, can just do chafifa that night. However, there is a minhag yafe to wash and do good chafifa before שבת, and then on motzei שבת, do a small chafifa, and brush her hair.

1. ב"ח- Didn’t quote it.

2. Beis Yosef – didn’t quote it.
III. Psak Halacha

A. שו"ע 199:3 – tevila lichatchila should be samuch to the tevila. And minhag kasher is to start during the day and do the chafifa until it gets darka and then go to the mikva. And even though she already did chafifa, take comb w/ her to the mikva and comb again there. רמ"א: And b’shaas hadchak where can’t do it during the day, can do it at night, just make sure not to rush it.

1. מחבר: Leil tevila on motzei שבת which is יו"ט. Can’t do that night or the day before. So do chafifa on erev שבת. And הה"נ if 2 days יו"ט fall on thurs and Friday and tevila is fri night, do chafifa erev יו"ט and tie her hair up so it won’t get tangled.

2. רמ"א: Should also be careful during the days inbetween from things that will stick, especially when feeding little children. And if she can’t be careful ein lachos, מ"מ she should wash her hands each time so things don’t stick to her.

a. ש"ך 6 – Says a number of chidushim:

1). Argues w/ pshat in רש"י: Lo efshar is only when going to come out 72hrs. And night is very bad b/c will be rushed. Therefore, always do it day of, or day before, even two days before, but if it will be 72hrs, then says can do it the night of the tevila (until now, we were assuming the best was to do the day of, if not then the night of the tevila, and if can’t do either of those then do even one or two days before) and he thinks this is pshat in רש"י.

2). Even the 72hr case is only not good if only rely on what you did 3 days before, but if would do something right before the tevila, then even 72hrs works.

*Minhag is not like either of these haaros in the ש"ך.

3). Quotes Maharshal that they made a takana for women to stay doing chafifa for shaa achas. And thinks this would be good enough even acc to רש"י to do it at night.

A. ראב"ד – If doesn’t do chafifa, lo alsa la tevila. And woman who didn’t check inside her mouth (beis hastarim), then as long as don’t find anything no problem. More meikil by beis hastarim. Can’t have chatzitza there, but if doesn’t check and never finds chatzitza, ok.

A. Gm Nida 67a- Rava: Tavla, comes out and then finds chatzitza, depends on when she did the chafifa. 2 possibilities:

1. If she did it samuch to the tevila, ok, if not, then has to be chofeif and tovel again.

2. As long as did chafifa and tevila in same day, OK.

**נ"מ: Chafifa during day and tevila at night, but samuch one to the other.
 How do we define samuch?

1. רשב"א Thb Hakatzar (Tevila 31A) - Same ona. If tovel at night, chafifa has to be at night.

2. Yeraim (Amud Arayos Siman 26) – Has to be w/in 3 or 4 hrs.

3. שו"ע 199:10 -

a. מחבר: Woman does chafifa and is meayein b’atzma, and then after she comes out of the mikva finds a chatzitza, if did chafifa in same ona as tevila (רשב"א), no need to be toveles again, but if not, then toveles again.

b. רמ"א: And even if she was chofefes samuch to the tevila, but since it was day/night, then needs to be toveles again.

 Seems to be stira to our gm in nida (Already said need samuch/same day why giving new answer)!?

1. תוס' Nida 66b-

a. Have 2 ways out: Either do chafifa samuch to the tevila. And even if didn’t, if can say you’re positive, even if didn’t do chafifa samuch then ok as well.

b. Gm Chullin is only talking about taharos, so need to be able to say bari li.

c. ר"ת: Chafifa is only on head, so gm nida talking about chatzitza on the head. But gm Chullin talking about chatzitza on the body.

[4. רשב"א Thb”k 31a – Only have this whole discussion when she was involved in the davar hachotzetz after the tevila. However, if she found red paint on her and she had been painting w/ red after going to the mikva, then can be tole that it came after the tevila. However, there are poskim will only be meikil if woman can say bari li – the Beis Yosef thinks this other posek is the רמ'.]

[1. ט"ז 11 – Doesn’t understand b/c still needs raui l’bias mayim?! Answers that since the areas are nistaros, not the derech to find davar chotzetz]

E. ש"ך 15 (commenting on 199:10) – quotes ר"ן Shvuos that even if she was me’ayein b’gufa, doesn’t help if the chafifa wasn’t done samuch b/c chosheish that didn’t do a good iyun. But once do a chafifa, not chosheish that didn’t do a good job.
F. Shiyurei Tahara (Sidrei Tahara on Tevila) 199:29 – Bothered that the ש"ך wrote this k’ilu e/one agrees w/ the ר"ן. B/c רשב"א thb writes that it has to be that she didn’t do chafifa and wasn’t meayein, mashma that if she was meayein, that would save her (mikva lady, etc.). He thinks most poskim feel not like the ש"ך.
II. Cleaning teeth, etc.

A. רא"ש Kitzur Hilchos Nida – Minhag yafe that women don’t eat a/thing between chafifa and tevila so that shouldn’t have any chatzitzos between their teeth.

A. Gm Succah 6a – Din chatzitza is doraysa both by body and by hair. R’ Yitzchak: In order to be chatzitza doraysa has to be rubo and makpid. And midirabanan chazal were gozer on miut hamakpid and rubo and eino makpid atu rubo v’makpid. But miut and eino makpid no gzeira b/c would be problem of gzeira l’gzeira.

A. רמ' Mikvaos 2:16 – Quotes Geonim that we view the hair as a separate entity, so if rov of the hair is tangled and considered makpid then chatzitza doraysa.

However רמ' says Yeirae li that hair is part of the body, not its own entity. Therefore, even if her whole head of hair is tangled, if not makpid, not a chatzita at all, and even if makpid, only chatzitza dirabanan.
B. מאירי extends the din that each ever is measured on its own, similar to the hair [Didn’t see this in the מאירי in the packet, but need to check further].
[C. שו"ע 198:5 (end of the halacha) - one hair w/ a knot in it is chotzeitz as long as she is makpedes. If she is not makpedes, not chotzeitz unless rov of the hair is knotted.

1. Beiur HaGra 11 – This is the Geonim as quoted by the רמ', and brings rayos that the Geonim are correct.  Presumably, we pasken like the Geonim.]

A. Gm Kiddushin 25a –Rebbi’s shifcha came out of mikva and found bone in her teeth, Rebbi made her be toveles again b/c even though the mouth is only beis hastarim and doesn’t need bias mayim mamash, but needs raui l’bias mayim, and we know R’ Zeira, kol haraui l’bila ein bila miakeves bo. But since the shifcha had a bone in her teeth, that area wasn’t even raui l’bias mayim.

1. תוס' 25b- Brings makor for din of raui l’bias mayim by beis hastarim from drashos in pesukim [Doraysa].

2. ריטב"א Kiddushin 25a – Quotes Rabbeinu Neiru that this whole din is only dirabanan b/c have din that s/thing in beis hastarim l’inyan tuma is considered like outer part of guf and is מק"ט. Im kein, Chazal were misakein l’inyan tahara l’baala k’ein doraysa that this is area is treated as galui. But don’t require actual bias mayim, just raui.

3. רמב"ן also thinks it’s only din dirabanan. Same dimyon as the ריטב"א.

4. שו"ת Zichron Yosef 10 – Asks kasha according to those who think this is din doraysa b/c beis hastarim themselves are only miut of the guf at best, so how can it be a chatzitza doraysa?

- Answers that there are two dinim: Din of chatzitza and din of Bias Mayim. By chatzitza, if have miut and eino makpid, not a chatzitza b/c considered as if that thing is batel to your guf and now the water touched kol gufo. However, have din in mishnayos that if hold lips tight considered a chatzitza (kartza sifsoseha). Why? B/c not that have this part of body in mikva but s/thing is blocking it from the water, rather it’s like your leaving a part of your body outside of the mikva, and this would be psul doraysa b/c can’t say one part of the body is batel to another part of the body. However, regular chatzitza which is only on miut of guf, even if makpid, chazal were gozer that this won’t be batel to the guf, but that’s only midirabanan (apparently Rash and תוס' have this peirush of mishna of kartz sifsoseha).

5. Shiyurei Tahara 198:9 – Doesn’t like the vort of the the Zichron Yosef. Rather he thinks it’s all one din, tight lips has nothing to do w/ k’ilu keeping mouth out of the mikva. Ela when you tighten your lips the outside part of your lips won’t touch the water (This is peirush of רא"ש, ראב"ד, and Beis Yosef). And אה"נ, beis hastarim are only miut, but could use beis hastarim which is blocked and combine it with other parts of body that have chatzitzos to gang up and make rubo hamakpid to be chatzitza doraysa, and says this is like how the רמ' is magdir hair, that it itself can be chatzitza dorayasa but only if it combines with other chatzitzos. And those who would hold the whole din is only dirabanan will say that even if beis hastarim is blocked it cannot combine w/ other chatzitzos.

A. רשב"א Thbk 31b- If woman’s hairs are tangled and so tangled ad she’ein derech ha’isha b’kach, k’ilu they are chotzeitz b/c it’s tight and water can’t get through. On 32A- And as long as rov women are makpid, even if she isn’t, batla dayta etzel kol hanashim.

And then says that could be that the רמ' wants to say that even in general go basar dida, not the rov. In which case, would have machlokes רמ' and רשב"א about how we define makpid in general: רמ' (Each woman), רשב"א (Batla Dayta).

1. מחבר: Woman has to be toveles her whole guf at once. Therefore, can’t have anything separating between her body and the water, even a kol shehu. And if it’s the derech of ppl to be makpid (lifamim), even if she’s not makpedes now, or even not makpedes ever, considered a chatzitza (like the רשב"א). But if it covers rov of her guf, even is not makpid, chotzeitz.

2. רמ"א: Minhag to take off e/thing, even things that technically are not chotzeitz.

a. ש"ך 2: And if most ppl are not makpid and she is, quotes רמ', טור, b’shem Beis Yosef, ב"ח, that it is considered a chatzitza [We assume batla dayta only l’chumra not likula].

A. Mishna Mikvaos 9:1- Certain things women would put in their hair which are chatzitzos: strings made of wool, linen, straps [of leather?]. R’ Yehuda: Wool and linen aren’t chotzeitz b/c water can get through.

1. ראב"ד- Why are these items chatzitzos, they are miutim she’eina makpedes aleihem? Answers that we don’t define makpedes based on the time of the tevila, we define makpid based on whether she would take it off at some point. Therefore, since women would take off their hair accessories when they brush their hair, and woman takes off her ring to knead dough, this is considered makpid.

Gan HaMelech adds that this is only true for s/one who is involved in work w/ shmutz so will be taking their ring off. But if never involved in such melachos, so never takes them off, no need to take them off to wash. B/c the whole gzeira was on miut hamakpid atu rubo v’makpid, so shouldn’t be gozer on s/one who isn’t makpid atu those who are (quotes gm 67b that ein gozrin gzeira l’gzeira). And says at the end, that ppl who are learning all day, and aren’t involved in activities that would involve having to take off their rings don’t have to take off their rings to wash, and הה"נ for chiyuv tevila doraysa.

- Woman doesn’t ever take it out b/c of sakanas nefashos and only takes it out when she gives birth, is this like the ראב"ד? Says no, not a chatzitza. B/c when it comes to kneading dough, at any point could knead dough and would take it out each time. But giving birth can’t happen any day, it’s at only very specific times. Considered eina makpedes.

Will want it out in a month, so is this similar to the ראב"ד or not? Thinks should use the svara of the Zichron Yosef. But says it’s not about whether it’s a long time vs a short time. Ela, when it comes to rings, she could take it off at any time to knead dough. משא"כ the filling which is not supposed to come out for another month, or labor which isn’t supposed to come for a few months. Bottom Line: Meikil.

(או"ח 343 – Discussion of wife of kohein, can she come in contact w/ meis?