ד Hilchos Nida Rav Baruch Simon shlit
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Rokeach: Sfeik sfeika: Maybe not kohein, even if not kohein, maybe will be a nefel. Others: Baby is balua. ר' חיים Ozer- Din of tuma for kohein is not nec to become tamei but even to be in ohel hameis so Rokeach needs his sfeik sfeika.) שיעור #34 (Packet 25a) – 2.9.09 Chatzitza II – Defining Beis HaStarim and Balua נ"מ: NuvaRing & Uterine Prolapse Device I. Status of Beis HaStarim (See last שיעור as well) A. Gm Kiddushin 25a- story of shifcha in beis rebbi, found bone inbetween teeth after being toveles, made her do it again b/c need raui l’bila and kol harui l’bila ein bila miakeves bo. 1. תוס' Nida 66b Kol – If this is the dimyon, by bila lichatchila need to mix it, so why shouldn’t women lichatchila have to open their mouths? Answers that by matir don’t have idea of lichatchila/bidieved, משא"כ by bila which is a mitzva (matir not a mitzva). 2. ריטב"א Kiddushin 25a – Rabbeinu Neiru: Din of raui l’bila is only dirabanan, extension from tuma where beis hastarim are considered galui min haTorah, so were gozer k’ein Doraysa. 3. רא"ש תוס' Nida 66b – Explains that doesn’t need actual bias mayim b/c pasuk never says need bias mayim in beis hastarim, just rachatz es bsaro, which implies only the outside. However, still needs to be raui b/c water does s/time enter these areas. 4. רשב"א Chidushim Kiddushin 25a- Also thinks it’s midirabanan b/c tongue and teeth are sometimes covered s/times uncovered, so were gozer on it. II. Status of Oso Makom A. Gm Nida 42b – asks this question: What’s the status of Oso Makom? Balua or Beis HaStarim? נ"מ: Woman puts neveila in oso makom of another woman. Neveila is only mitamei bachutz, not bifnim. Machlokes Abayei (Balua) and Rava (Beis HaStarim). And we generally pasken like Rava, and this is not one of the Yal K’gam. (And if assume like the ריטב"א that we’re making an extension from tuma/tahara, then we are stuck)
*And this is quoted by רע"א 198 on page of שו"ע [not sure where]. C. שו"ת Node B’Yehuda (Tanina 135) – Ring placed on outside of Uterus to hold it in place (Uterine Prolapse) Shoel wants to say that oso makom should be balua b/c water never goes into that area (Similar to svara of רא"ש תוס'). Not like the mouth, ears, eyes, etc. Even beis hachitzon doesn’t fill w/ water. Answers that even though its mistaber, can’t say such chidushim based on our own svaros. Ela, he thinks that ad makom shehashamash dash is considered beis hastarim, and further in from there is considered balua (limaaseh, basically the whole vaginal canal will be considered beis hastarim). 1. Chut Shani (R’ Nissen Karelitz) – Explains the Node B’Yehuda, that even though that area is never uncovered, since woman does bedikos there, and man’s ever touches there, so still considerd megula. But so far in that no one ever goes there, that’s balua. D. Sefer Shaalei Tzion 58 (R’ Eliozrov) – He thinks the shoel in the Node B’Yehuda is the same svara as the Ramah MiPanu. Both making haara that oso makom is not generally uncovered, so should be makom balua. E. רע"א שו"ת 60 – Also discussing uterine ring. Has same svara. Since water never gets to the oso makom, can’t consider that beis hastarim which needs raui l’bias mayim, ela should be balua. And he’s quoting R’ Yaakov MiLisa, the נתיבות saying this svara. [Limaaseh, is meikil based on this and other svaros as well, including sfek sfeika: Safeik whether din beis hastarim is doraysa/dirabanan, and even if it’s doraysa, safeik whether we consider her eina makpedes b/c the ring is there mishum sakana (and almost never remove it).] F. Pachad Yitzchak 1:300 – Even if oso makom is considered beis hastarim, maybe this isn’t called makpid b/c want this ring to be there. And gets involved in the shayla of band-aids (Retiya she’al gabei hamaka) b/c mishna b’feirush which says that a band-aid is a chatzitza. And says that could be its only s/thing that’s changed e/ day, but s/thing that’s left there for a long time, maybe not considered makpid. G. Mishna Achrona (Mikvaos 9:2) – Reason retiya al gabei maka is chotzeitz is b/c even though you want it there now, when it goes into water you would be makpid that water shouldn’t get through and remove the medicine on the bandage. Also, you only want it there now b/c you have a maka, otherwise you would be makpid in general [and adds that not machmir by netilas yadayim b/c meikar hadin could just eat bread w/out touching the bread, using a napkin, just that chazal were gozer we should wash. And b’makom maka lo gazru]. H. R’ Yitzchak Elchanan (Sefer Zikaron L’baal pachad Yitzchak 20) – Prolapse ring placed closer than makom shehashamash dash- Dr.’s tell her to only take it out a few times during the year, so she’s only makpid once in a very long time, and even if have a safeik about this, it’s at most miut hamakpid which is only problem midirabanan, so we would say safeik dirabanan l’kula. Thinks one can be meikil. I. Avnei Nezer – Also quotes נתיבות and Ramah MiPanu, רא"ש תוס', and thinks can be meikil on the Prolapse Ring. J. Gulos Aliyos (Mikvaos 8:5:4) - Talks about Prolapse Ring as well. Quotes רע"א who was meikil b/c it’s case of sakana so she is really makpid it shouldn’t come out. And thinks anyways that water never goes into this area anyway, like the Shoel in the Node B’Yehuda and רע"א, and he thinks this is emes bli safeik. And wants to say that the reason the gm didn’t give the נ"מ of chatzitza is b/c l’kulei alma not considered chatzitza b/c no water goes there (R’ Simon not entirely convinced by the raya). Limaaseh: When it comes to s/thing that’s a medical thing, sakana, then most poskim are meikil. But when it comes to the NuvaRing, there are poskim who are meikil l’chatchila (R’ Abadie, Nitei Gavriel). Others hold that lichatchila take it out, but bidieved it’s ok. But there are those who stick to the Node B’Yehuda all the way and will be machmir even bidieved. Check R’ Forst R’ Moshe has big chidush in difficult situations that as long as the thing isn’t davuk, when it comes to beis hastarim, then can be meikil. But this is a big chidush, and will see more about this later. R’ Abadie has chidush that when person is very makpid that the item should be there, even though it will be removed in the future, maybe considered eino makpid, even though in general we say that if it will be taken out it won’t be considered eino makpid. שיעור #35 (Packet 26) – 2.11.09 Chatzitza III – Casts, Bandages, etc. *R’ Abadie is meikil by casts, but that’s only if still need the cast right now, and it can go directly in the water (cannot put plastic bag on it). R’ Ovadia has kulas in this area as well, but also only if still need the cast. Nitei Gavriel and many others are machmir b/c it’s a mefurashe mishna, and don’t assume like the Mishna Achrona (see below). I. Source of the Din A. Mishna Mikvaos 9:2 – Retiya on maka is chotzeitz. Bandage is a chatzitza. - Presumably, even though you want it there now and need it there now, since in general wouldn’t want it there, considered a chatzitza. B. Mishna Achrona (sham) – This is talking about a bandage that a person doesn’t want to go in the water b/c it will wash away the medicine which is on it, so makpid right now. משא"כ by a cast which not makpid on right now. C. Tosefta Mikvaos 6:4 – If sheretz touches the following things, doesn’t become tamei and doesn’t give off tuma. However, if touches the scab or kaskasim al gabei hashever (cast) then it will receive tuma. And then continues that rings, etc. are chotzitzin if they are tight. 1. Rash – Talking about tuma until it gets to the rings, then and only then are we talking about chatzitza, but cast is not discussion of chatzitza. D. טור 198:23 – Quotes all these things together l’inyanei chatzitza (See inside). 1. Beis Yosef – Says it must be that the טור never saw the Rash b/c …. And then says that even if he saw the Rash, still maybe the Rash is incorrect. (See inside) E. Ksav Sofer YD 91 – Mishna is talking about a bandage that take off often to check to see if it’s getting better, etc. But if it’s there for a long time and no one’s going to touch it wouldn’t be a chatzitza. But he himself says that even though he thinks it’s מותר, since the Teshuva Me’ahava wanted to be machmir, doesn’t want to be meikil. II. Haynu Ribisei- Another tzad l’hakeil in these issues A. Yevamos 78a – Giyores who is pregnant at the time of the tevila does the baby need a tevila after he is born? Gm says no, even though the chatzitza is covering his whole body, Haynu Ribisei (the way it grows) – The mother is a natural connection to the child, not a chatzitza. B. Mordechai 751 – Woman who had a Sheid come and tied up her hair in the middle of the night, and sakanas nefashos to take it out, not considered a chatzitza b/c it’s balua and not chotzeitz. Also, since it’s three hairs aren’t considered chatzitza b/c water can get through. Or, since can’t take it out, Haynu Ribisei, natural way for her hair to be. Extends this din of the gm. C. רמ"א 198:6 – Quotes this Mordechai, that if the sheid makes these knots, not a chatzitza. D. Shiyurei Tahara – Quotes Panim Meiros: Woman who has a sickness and only thing she can do is put a medicine in the hair which will get it all tangled up, and she can’t take it out, thinks this is a chatzitza. Quotes this Mordechai and says the only one of the kulas that would work would be if we could say haynu ribisei, but not balua or that knot isn’t tight. However, that would only be if it’s a refua beduka, that we know it works b/c then really not makpid. So since that refua was not beduka didn’t want to be meikil. Shiyurei Tahara thinks he was right to be machmir b/c who says we can extend haynu ribisei to these other cases. Can’t say it when you do it on purpose, only when it happens by itself, naturally. Also adds that when poseik is meikil w/ many tzdadei kula, can’t apply it to your case when only have some of them. So הה"נ here, only have one tzad of the three at best. E. רע"א שו"ת (Ksavim, found in Drush V’Chidush) – Uterine Prolapse Ring Has svara that even though not a sakana to take it out for a few minutes, since it’s there to prevent sakana which would come if it was out for long term, see that could be considered batel to the guf. F. Doveiv Meisharim (Chubiner Rav) 3:39 – Woman who had gum surgery and stitches were still in when she went to the mikva. Says that it was correct to pasken that she is tehora b/c רע"א writes that s/thing l’tzorech refua is considered miut she’eina makpedes, and the ריטב"א thinks need for raui l’bias mayim is only midirabanan in beis hastarim, so anyways have trei dirabanan (miut hamakpid and beis hastarim) so can be meikil. G. שו"ת Meishiv Davar (Netziv) YD 36 – Headache Treatment in Hair Since it’s for refua, we do say haynu ribisei, not like the Shiyurei Tahara, and thinks the Panim Meiros would agree with him (the netziv). H. שו"ת Imrei Yosher 82 – Woman who can’t get her ears wet b/c will lose her hearing even worse. Maharsham was meikil by woman who constantly has cotton in her ears [truth is, he was meikil even just to put it in at shaas tevila as well b’makom igun]. But in this case, only needs cotton when she goes in the mikva. Wants to be meikil in this case as well. B/c when was it that we say don’t go based on whether she wants it now in the mikva that’s only if she wouldn’t care to take it out, so then we consider that makpid. But if she really wants it there b’shaas tevila b/c of sakana, can be meikil (R’ Simon thought this was a big kula). - R’ Aharon Felder said R’ Moshe’s shita was that if cast will be on for three months or more, would allow the tevila. If less than that, no kula. שיעור #36 (Packet 27) – 2.17.09 Chatzitza IV – Earplugs, Fillings, Fingernails I. Earplugs A. Mishna שבת 57a – Discussing the items w/ which a woman can go out on שבת. Some of them chazal assured b/c woman might take it off in street for some reason (i.e. to show to her friend). In the middle of the mishna, it mentions that woman shouldn’t go into the mikva w/ strings in their hair unless they are loosened. 1. Gm asks the obvious question: Why are we talking about mikva? And answers that the reason chazal assured woman from going out w/ these strings in their hair is that since they are a chatzitza, woman who has to go to mikva on שבת and will wear them, may take them out (while she’s still in rishus haRabim) to go to the mikva.
1. Gm 65a – don’t have to tie this moch in if it’s in tight. Mashma that we’re talking even about tight earplugs. C. Igros Moshe YD 1(?):98 – Woman who was told that she cannot get her ears wet, can she place cotton in her ears kept in there w/ Vaseline. Mentions the two mishnayos which imply that moch in ear is not chotzeitz. And explains that it is definitely talking about even a tight moch, and the gm is never mechaleik between which kind of moch. But what about necessity for raui l’bias mayim? Says big chidush: 2 kinds of chatzitza: 1. S/thing that is stuck to the external part of body and water cannot get there. 2. S/thing else is just covering the body, like s/one holding onto your arm. Both are a chatzitza when it comes to the outside of the body. And when it comes to beis hastarim, 1st kind will be chotzeitz. However, the 2nd kind will not. B/c by beis hastarim only need raui, meaning as long as the chatzitza isn’t tight in that area, still considered raui l’bias mayim, even though right now the water can’t get there. And will have to explain shifcha shel beis rebbi that it was very tightly stuck there, but a moch which is easily removable, not stuck, not a chatzitza in beis hastarim. **But such a big chidush b/c he’s calling s/thing raui l’bias mayim even though the water will not get there. (Badei HaShulchan is not so happy w/ this svara)
1- ריטב"א: Chatzitza in beis hastarim is only midirabanan. 2-Shiyurei Tahara was meikil b’makom sakana even when it came to bandage and medicine in the eye that you switch all the time b/c most women wouldn’t be makpid in such cases. 3- Not only is she not makpedes, she wants the moch there now specifically, but we usually say lo plug, but Trumas HaDeshen says we aren’t as machmir by lo plug as we are by the actual gzeira itself (even though batla dayta is usually stronger than lo plug). And says just be careful that the moch be pushed all the way in, not sticking out onto surface of the ear, should have string on the end which sticks out so you can get it out.] E. Chelkas Yoav 30 – Quotes Eshkol who says that retia on maka is only chatzitza b/c most ppl don’t put bandages on a maka. Thinks it’s against svara. And then quotes Ksav Sofer that it’s only chotzeitz b/c always take it off and put it back on, but if you leave it there for seven days, not a chatzitza. And says that really midoraysa really should only depend on right now, she really wants it there now. And quotes gm שבת 100a, if have pit in rishus harabim which has שיעור to be rishus hayachid, since it’s filled w/ fruits takes away שיעור of rishus hayachid, even though will be removing them later. So see that midoraysa look at things b’asher hu sham. However, midirabanan look at it in general. II. Fillings A. Chachmas Adam 119:18 – Thinks that fillings in cavities to make sure the wind won’t get in a make it uncomfortable are a chatzitza for tevila. B. Igros Moshe YD 1:97:6 – Minhag haolam to not consider a filling a chatzitza. Explains that the fillings nowadays even Chachmas Adam would be maskim that they aren’t chatzitzos b/c he was saying that really it’s more difficult to eat w/ it, and really would want it out. So really are makpid. However, todays fillings can’t even tell they’re there and can eat better, etc. no one is makpid on this at all. But obviously this is only true if it’s a good filling, done correctly. B/c otherwise the din will be like the Chachmas Adam b/c will be taka be makpid.
[A. Tosefta ?? – Dirt under the nail shelo kineged habasar and dough under the nail even kineged the basar are chotzeitz and as long as the nail hasn’t started coming off, even if it’s long, not a chatzitza.] B. Mordechai Hilchos Nida 747 – Minhag is for women to cut their nails b/c of the dirt found underneath. C. Shaarei Dura 80b (15) – women cut their nails so that won’t have to worry about the dirt underneath, but long fingernails per se are not a chatzitza, just like long hair is not a chatzitza. 1. Hagahos Shaarei Dura – If forgot to cut her nails, As long as not dirty underneath, no problem. However, tov to be toveles again.
1. מחבר: Davka dough under the nail is chotzeitz, but the nail itself is not a chatzitza, even if it’s long and going to be cut and protruding past the finger. 2. רמ"א: Since it became the minahg to cut the nails, if she was toveles and now found that she didn’t cut one, should be toveles again. a. ש"ך 25 – At first says that seems to be a chumra and quotes Maharam Lublin that this is davka if she hasn’t been w/ her husband or it isn’t already the next morning. But then quotes the Raavan that this is midina, and acc to that the Maharam Lublin is shver. So says that even the next day she should go again to be chosheish for the Raavan. [b. ט"ז 21 – Quotes Maharam that as long as she cleaned under her nails beforehand doesn’t have to be toveles again. But says the ב"ח quotes Raavan that this is psul meikar hadin, so even if nails were clean has to be toveles again. ט"ז doesn’t understand b/c e/one says this is only minhag b’alma. ט"ז thinks that only time she is toveles again is if she hasn’t yet been w/ her husband, but once she’s been w/ her husband no need to be toveles again, and this is true even if she’s not sure that her nails were clean b/c at worse this is safeik dirabanan (likula) b/c otherwise will be motzi laaz on that bia or child if she becomes pregnant from this bia. And says he saw s/one else who paskened like him as well (Maharam Lublin)] *The minhag is generally not like this ש"ך to be chosheish for the Raavan, but like the ט"ז. H. שו"ת Achiezer – Women who want to keep taharas mishpacha but don’t want to cut their nails and there is chashash if not meikil for them that they won’t go to mikva at all. Says limaaseh meikar hadin it’s ok, but doesn’t say to pasken this way for women, but should tell the mikva lady not to be makpid. IV. Woman forgot to cut her nails and its fri night or יו"ט, Chol Hamoed [A. Mordechai 747 – Leil tevila during chol hamoed, she should cut her nails w/ her teeth b/c only issur on chol hamoed is cutting w/ nail clipper, scissors, etc. Or can get non-Jewish woman to cut them for her b/c amira l’akum is מותר b’makom mitzva. And if can’t do this, if just clean them out from dirt that’s enough. B. Shaarei Dura 81a/Sefer HaTruma- Bring same possibilites as the Mordechai when dealing with Chol HaMoed.] C. ט"ז 21 –Based on what he said before that cutting nails is only minhag b’alma says that on שבת or יו"ט woman should not tell a goy to cut her nails b/c first of all, this is only a chumra in the first place and shouldn’t knock out even dirabanans for it. Also, when the goy cuts the nails the woman will put out her hand and will be misayeia, could be issur doraysa (Chumra d’asi lidei kula). D. Nekudas HaKesef – 1st of all, it’s a msezl’g, so only dirabanan. 2nd of all, no such thing as misayeia being an issur doraysa, that’s davka by issur of cutting payes, pasuk says lo sakifu, lav on makif and nikaf, but that’s special gzhk. And also, ש"ך doesn’t think this is chumra b’alma b/c he’s chosheish for the Raavan. So thinks should get a goy to do it. Enough of a chumra w/out the Raavan and especially w/ the Raavan. *Many morei horaa think woman should just clean it out, not find goy to cut it. Not necessarily b/c hold like ט"ז, though. **This whole discussion could be taluy on machlokes רמ'/ראב"ד by issur of lo sakifu: רמ' Akum 12:1- The barber gets malkus and the one getting the haircut only gets malkus if he helps (misayeia) ראב"ד - Even if he doesn’t help, the one getting the haircut is over on a lav. And they have the same machlokes in the Sefer HaMitzvos. The ש"ך presumably holds like the ראב"ד that it’s davka by lo sakifu, so separate lav for s/one getting hair cut, but only here. And could say the ט"ז holds like the רמ', only one real lav, but see that holds that any misayeia (you move your head) makes you the makif as well. So could extend this to any melacha, even gozez on שבת. E. שו"ת Chassam Sofer YD 195 – Women who will shave their heads after bia rishona, why isn’t their hair a chatzitza for tevila before their weddings acc to the Raavan? Explains that the case of Raavan is when the item is mamas omed lachtoch immediately. But in this case, she’s going to go to the wedding first, have bia rishona, and then going to shave her head, too many steps removed to consider that omed lachtoch. And he brings another raya that if this wasn’t true then how could nazir be tovel before cutting his hair it should be a chatzitza? Doesn’t hold of this svara all the way through though, but either way thinks his first svara is enough to be meikil. |