Hilchos Niddah Siman 187, Seif 10

Siman 187 Seifim 10 - 11:

A woman who sees blood during intercourse is permitted to have intercourse a second time when she becomes pure. However, we are concerned that the pattern will repeat itself. For example, if she has seen once or twice on the night of her immersion, she must separate from him on the night of her next immersion.[1] We do not however make her separate at the time of the third period because we do suspect a pattern if an event happens only once. If she sees blood 3 times during her first intercourse on the night of her immersion she has the same status as a woman who saw three consecutive times since it is established that it is impossible for her to immerse herself and engage in intercourse. If she sees blood on the first instances of intercourse after each of three births or if she saw 3 times after each birth, and between those events she did not see blood as a result of intercourse, there are those who will be lenient and permit her to her husband. We attribute the blood to her general state of weakness after giving birth. Therefore, bleeding after giving birth is similar to bleeding from a wound. Al l his only applies if she already had intercourse between the various births so that she did engage in permitted relations. If she saw blood three consecutive times after giving birth, we do not attribute the bleeding to the childbirth, but rather she must make the test with the tube described above. In any event, whenever she requires this test and if she did not do it, had intercourse, and did not see blood she is permitted since this intercourse where she did not see is superior to the test tube.

A woman who sees blood after intercourse and then a half year later sees again during intercourse she is permitted to her husband because she did not establish a pattern in 3 consecutive cycles. However, we suspect the last time and when a half year comes around again she is to separate for one onah. If she establishes a pattern for seeing blood on a fixed schedule that is not monthly, she is permitted to her husband during the times when she does not suspect a return of the bleeding. She uproots the pattern by going through three cycles and not seeing blood.

Combination of Immersion and Intercourse

The Halacha considers problems relating to seeing blood because of intercourse only after the woman’s regular monthly immersion. The Shulchan Aruch’s Halacha is that a woman who has a discharge of blood on that night should, in the following month, abstain from intercourse until the next night. His suggestion is that we suspect a relationship between the amount of time since her immersion and intercourse that, when combined, results in flows of blood. The Rama deals with another possibility – that the act of intercourse itself after immersion is generating the flow without regard to the amount of time since her immersion. This case would result in a mandatory divorce, since it is impossible for the couple ever to have intercourse without experiencing a flow of blood.[2] This is true even if there is no blood flow during subsequent intercourse during the month.

The law that bleeding from intercourse following childbirth generates a requirement for the test of seif 2 is dealing with intercourse after the 33 days for a boy or 66 days for a girl that the Torah tells us is a period when blood flows do not generate impurity. Today, we consider all blood flows, including those during the period after birth, potentially to render the woman impure. Therefore, since it is impossible for her to have a Torah level impurity, we will not impose the potential penalty of separation on a couple. The law applies specifically if she experiences a flow of blood and not if she merely finds a stain (kesem) after intercourse. However, the woman would need to perform a bedikah.[3]

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