Siman 190 Seifim 11 - 12

 

  1. Not every stain that a woman finds will render her impure unless it is in a place in which it could possibly be uterine.  For example, if she finds a stain on her heel, she is impure.  Similarly, if the stain is on her inner thigh and inside edge of her feet.  The same rule applies if it was found on her big toe (and certainly if found on her leg). Also, the stain is on her hands and even on her fingers, since peoples' hands are busy things and perhaps she touched her vaginal area.  However, if it was on her thighs or feet on the outside or on the sides, and certainly if the stain is on her body but above her genitals, she is pure.

    However, if she knows that she was inverted and had raised her feet above her head, she is impure regardless of where the stain has been found, even above the belt line, whether it is on her front or on her back and even if she had passed through the butcher's market or had been dealing with other blood stains, she is impure.

    This strictness only applies when the stain is found solely on her body; however, if it is found on her body and on her clothes - in the case in which she has passed through a butcher's market or had been dealing with blood stains - we attribute the stain to that activity regardless of where the stain is below her beltline or if she has  raised her legs and finds a stain above the beltline.

    This law that prohibits attribution when the stain is found exclusively on her flesh applies only in the case of dealing with stains or passing through the market;  however, if she has a wound to attribute the stain to, since it is possible that the stain came from there, she may attribute the stain to that.  However, if the wound is on her shoulder and the stain is on her thigh in such a place that it is impossible for it to have come from the wound, she is impure.
     

  2. If the stain is found on her clothing below the belt line or at the belt line, she is impure, even if the stain is on the outside. It makes no difference if it is on the front or the back of the garment, because clothing moves around. If she traveled in the meat market she is pure even if the stain is on the inside and on her flesh.  If the stain is on her clothing only and is above the belt line she is pure even if she turned herself upside down or raised her legs and even if she did not pass through the meat market because if it were uterine blood the stain would be found on her skin.
     

 


What's Going On - Where's the stain?

These 2 seifim respresent part of the laws relating to Teliya - attribution of stains to something other than menstrual flow.  As we will see, the Rabbis have established significant leniencies in this area and have constructed the halacha in such a way that the stains can be disregarded if there is virtually any possibility that it came from an outside source.  The specific examples used in the Shulchan Aruch are demonstrative only; they represent possibilities of staining that could arise based on the normal clothing and on the normal daily activities of a woman of that time. The Shulchan Aruch does not, for example, give consideration to the type of underwear that women typically wear today.  The example that the Taz (10) uses to explain the law regarding a stain on a woman's foot is of a woman "sitting in the manner of the Ishmaelites, with her legs crossed underneath herself."  Thus, the exemption for the outside of the foot or thigh makes a certain amount of sense.  Additionally, since women did not wear undergarments as we have, there was no physical barrier between her genitals and her lower body.  Again, this supports the notion that a stain on the inner part of her leg would be impure, while one on the outer part would be pure.

The halacha also recognizes physical reality - that a woman cannot reasonably expect a stain that is on her shoulder to from uterine blood.  Thus, there is a general exemption for stains, even those found on her torso.  There is a general exception to that exemption that if the woman had behaved in such a way that her feet were over her head, or her torso in contact with her legs such as in yoga or gymnastics, the stain would still be considered impure.

We do not consider the possibility that the woman might have had impure blood on her hands and then transferred that to yet another part of the body because of a general halachic principle called "lo mechazkinan tumah me makom le mekom - we do not make assumptions about the movement of impurities from one place to the other.  However, the stain on her hands would render her impure (in the absence of another attribution) because of the stronger principle of "yadaim askanios hen" - peoples' hands regularly touch all parts of their bodies and it is possible that her hand was in contact with her vaginal area.  Theoretically, if a woman could not move her hands for any reason and could therefore not possibly have touched herself anywhere, a stain on her hand would not render her impure.

The halacha also recognizes that there is a basic difference between a stain that is only on a woman's body and one that is on her clothing as well, since blood that is only on her skin is much more probable to be from the woman's body itself than from an outside source.  Therefore, it is more willing to accept an attribution to an outside source if the stain is on her clothing as well.  The only time a stain solely on the skin can be attributed to other causes is if she has a wound that could possibly have bled into the area of the stain.

In the case of the stain being on her clothes as well, we expand the possible attributions to include the woman's dealing with blood during her normal activities regardless of whether the stain is above the belt or below the beltline.

Seif 12 continues on the topic of attribution.  It starts off by telling us that a stain on clothing when there is no attribution possible is impure.  It further tells us that that the halacha is even more lenient in a case where the stain is only on her clothing.  In that case, there is a distinction between whether the stain is below the belt or above the belt.  If there is no source for attribution, then a stain below the belt is impure, while a stain above the belt would be pure. 

In summary, if the stain appears on the skin only (unless there is a wound) she is considered impure regardless of its location.  If the stain appears on both her skin and her clothing, if there is no external source of attribution she is impure, whether the stain is above or below the belt and is pure if there is an external attribution.  A stain only on a woman's clothing is always pure, unless it is both below the belt line and has no possible external attribution.

Clearly, the various rules of attribution need to be considered in light of both normal daily activity and normal clothing today.  If a woman finds a stain on her thigh but none on her underwear (assuming she didn't remove it at any time), the stain clearly can not be from uterine bleeding.  Similarly, although the halacha recognizes that a stain from an outside source might get into an inner layer of clothing, that stain is only attributed to an outside source if it is physically possible for the stain to have gotten there based on the clothing she is wearing.

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