Hilchos Niddah Siman 187, Seifim 12-14

Siman 187 Seifim 12 - 14:

A woman who sees as a result of intercourse 3 times is not permitted to remain with her even if he asserts that he will not have intercourse with her and they must divorce - unless he is prepared to provide for her support through an intermediary and only goes to visit her with witnesses.

When someone has intercourse with a virgin several times and sees blood as a result of intercourse 3 times may attribute the blood to her "virginal blood" until she has intercourse once without any bleeding. Then if she sees three times she attains the status of one has a flow as a result of intercourse. and even if she did not have a break in bleeding, but merely had intercourse with no pain she is considered like every other woman and cannot attribute her bleeding to virginal blood. Someone whose husband ejaculates blood may attribute her seeing blood to him.

If a woman has injuries that prevent her from going to mikvah, she must be divorced from her husband so that he does not annul the mitzvah of having children.

The Resolution

Contemporary halacha is that we do not force couples to divorce, even if the husband has not fulfilled the mitzvah of having children.[1]

With respect to virginal bleeding, there are three basic views:

That of the Shulchan Aruch that permits continued attribution for as long as there is bleeding through successive acts of intercourse

That of the Rama that we only permit continued attribution for as long as there is some pain associated with the intercourse

That of the Maharam Padua that we only permit attribution a maximum of 4 or 5 times, regardless of associated bleeding or pain.[2]

In practice, we follow the view of the Rama and have the following rules relating to attribution to virginal bleeding[3]

If the woman has pain with intercourse and bleeds with each act of intercourse, attribution is permitted regardless of how long or with how many acts of intercourse the situation lasts.

If she was no pain, but circumstances make it clear that the blood is from the wound, she may use the attribution rule.

If she had bleeding that was similar to that of a menstrual flow, if it were accompanied with pain, she may continue to use the attribution rule.

Even if her bleeding is in droplets, similar to that of the wound in question, if she has no pain during intercourse she may not use the attribution rule.

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