Siman 196, Seif 1

 

  1. The seven days that a woman counts are from the day after she is mafsik (literally, ceases).  This is how it works: if she bled for 2 or 3 days and then stopped, she performs a self-examination on the day the flow stops so that she has a starting point for counting her clean days.  This self-examination should be done in the evening and so is our custom le'chatchila, but in the event that she checked herself in the morning and found herself clean, it is adequate. and a man should definitely teach within his house to be strict as a first choice that she perform the self-examination with a Moch Dachuk that should be in place all of the evening period, as this type of examination removes any doubt about her state.  There are those who say that if the community has prayed the evening prayer and it is still daytime she may not no longer check and may not wear the clothes of her clean days and may not start counting on the following day since the community has already declared it to be night.  There are those who say that it is permitted, even if the community has accepted the Sabbath.  Our custom is to be careful about this, but after the fact there is no need for concern.  Some women have a custom that if they had checked before borchu and saw a stain or blood flow, they will perform another self-examination.  This is acceptable and we should not discourage these women from doing so because they have learned this leniency from a certain sage and the practice is a very old one.

What's Going On - The Check before the Count

A Moch Dachuk is a piece of plain white cloth that is inserted into the vagina and left there for a period of time, not dissimilar to say, a tampon.

The Chasam Sofer writes that the ideal posture for proper insertion of the Moch Dachuk is standing, with one foot on a stool and the other on the ground.

There is a basic difference of opinion regarding the language of the Shulchan Aruch about the Moch being inserted for "all" of the evening period.  Some of this difficulty arises from some contradictory language that he uses - first, he says that the self-examination must be done "near" the evening time and then later states that the Moch must be inserted for "all" of the evening time.  The Rosh, Chavos Daas and Prisha all emphasize the latter view.

The Shlah, one of the great mystical commentaries, says that the woman needs to actually count each day out loud.  We do not generally hold like this, although some women do follow this custom.

On the issue of when the self-examination must be performed, Rav Wozner states the Shulchan Aruch's statement that the Moch must be in place for all of the evening period is not meant literally, but rather means "close to" the evening period.  The evening itself, the time from sunset to nightfall, has an uncertain halachic status of whether it is part of the night time or of the preceding daytime.  "Near the evening" is defined by the poskim to be the time called "mincha ketanah", or 9 3/4 hours of the day up until sunset.  However, the closer to the evening one performs the examination, the better.

The opinion of the timing sunset that generates the earliest time is that of the Yeraim, which would be, according to the strictest interpretation of his rules, 13 1/2 minutes before astronomical sunset.  Rav Wozner says that one may be strict and apply this view, even if it results in delaying the immersion for a day.  However, our standard for sunset is the astronomical sunset when the sun vanishes below the horizon.

Most poskim hold that the evening period is for 13 1/2 minutes after sunset; The Rambam holds 18 minutes, the Chazon Ish holds 40-45 minutes and Rabbeinu Tam holds 72 minutes.

The Rama introduces a discussion of determining the point at which it is considered night (i.e. the next day) for further defining the cut-off period for performing the Hefsek Tahara.  In many communities the kehilla will daven Mincha late in the day (but before sunset) and immediately after daven Maariv.  Early Maariv is permitted after the time called "Plag HaMincha", or 10 3/4 hours of the day, so long as one is with a minyan.  For example, in Minneapolis on July 28th, 2004, Plag HaMincha (according to the Vilna Gaon) is at 7:12 PM.  One can theoretically daven Maariv with a minyan after that time.  Sunset is at 8:44 and nightfall is at 9:36.

Therefore, according to the first opinion in the Rama, once the community has davened even if it is as early as 7:12 PM, a woman may no longer make her hefsek tahara to permit her to begin counting Thursday as day 1 of her 7 clean days.  (We actually daven Mincha at 8:30 and Maariv shortly after sunset.) If there is more than one synagogue in a community, or if there are different definable groups that use the same synagogue, she follows the segment of the community to which her husband belongs.  It makes no difference if she has davened Maariv or not.

The second opinion is introduced by the phrase "even if the community has accepted the Sabbath". Had the Rama merely want to present us with the opinion that accepting a new day by prayer does not cut off the possibility of hefsek tahara, he should simply have said so.  The answer might be found in the nature of the day that has been accepted.  There is a concept of tosefes Shabbos - adding on to Shabbos at its beginning, which is why we light candles 19-20 minutes before sunset.  The idea of this addition is a Torah based one.  Without the Rama, one might think that early commencement of a new day mandated by the Torah might also serve as a cut-off for hefsek tahara.  The Rama is telling us that according to the second opinion, even early Shabbos does not change the timing of the hefsek tahara - it can, at one time, be Shabbos for most purposes and Friday for the pupose of hefsek tahara.

In practice we hold like the second view, although on should attempt to be strict like the first opinion.

 

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