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Siman 192
What's Going On - Before the Wedding Taz (1) asserts that the Magid Mishnah on the Rambam (who is also the author of the Shulchan Aruch) states that the law of counting 7 clean days before the wedding is strictly Rabbinic and that at a Torah level the woman is pure (since she did not experience a hargasha). Taz accepts the statement and derives that the proof of there being no Torah prohibition is proven by the stories of Tamar and Ruth. In the story of Tamar and Yehuda, Tamar clearly did not wait seven days before intercourse with Yehuda. Additionally, in the story of Ruth and Boaz, Ruth went to him on the very same night that she made the decision to marry him. Therefore, it is clear that Dam Chimud is a rabbinic decree. Taz does suggest a possible answer in that the immediacy of the intercourse prevented Dam Chimud. I'm not exactly clear how this would work. The Pischei Tshuvah suggests that the only time there is an expectation of possible bleeding is in connection with a formal marriage plan, but not for less formal arrangements. Nevertheless, Shach(1) quoting the Maharshal, tells us that the modern custom is to require a hefsek tahara and daily checking during the 7 day period. He does agree that if she checks only once during the 7 days she can still proceed. Additionally, Shach (4) tells us that we no longer require the groom to inquire about the bride's status because her assistants will make him aware if there are any problems. A related issue that was common in Europe but is no longer applicable is a case in which the bride has never seen the groom. In this case we do not require a 7 day count from her first contact with him. Perhaps the explanation of the Taz about the immediacy of the relations is what is guiding that halachic decision. Additionally, at least one reason why there is a custom for the bride and groom not to see each other for the 7 days prior to the wedding is to assure that there is no late Dam Chimud that would pose a complication prior to the wedding.
Postponements Taz (6) as well as other poskim analyze the various possibilities of causes of delay. The most basic case is one in which the engagement is broken by mutual agreement and there are no plans to reschedule it. In this circumstance, a subsequent rescheduling of the wedding constitutes a new engagement and a new possbility of dam chimud. The case of the Shuchan Aruch is one in which both sides agree to a delay because of an unresolved issue and although they have not set a new date, they anticipate resolving whatever the open issues are. In this event the woman is deemed either to have no longer paid close attention to her flows or to be an experience that is comparable to a new engagement, thus raising the possibility of a new dam chimud and a new count. If there is a delay in the wedding to resolve issues and a new date has been set, or if there is a postponement because of illness or other unforeseen circumstance, since the woman has not given up hope of marriage, she does not need to recount 7 days. If one side or the other walks away from the engagement, the halacha depends on which side walked away. Obviously, if she is the one who abandons the plan then she would need to recount. The Sephardic custom is not to get married during the count of the 7 day dam chimud period. Ashkenazic custom, as noted in Shach (8) is to not reschedule the if the woman is counting her 7 days at the scheduled time of chuppah. Bdieved, the Sefardic custom is to accept the validity of the wedding. The Rambam does hold that a wedding cannot take place while a woman is a niddah.
In any event, both Ashkenazim and Sephardim
need to have rules regulating a marriage that takes place while the woman is
impure (for Ashkenazim) or is counting her 7 days (for both). In this
situation, as well as in the case when a woman becomes a niddah after the
wedding but before intercourse, the halacha lays out rules to keep the
couple apart until the goes to mikveh. If the woman becomes
niddah after they have had intercourse, there is no rule of separation.
For these purposes, the Chazon Ish considers penetration of any amount to
be sufficient; other poskim disagree.
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