Siman 196, Seif 10

 

  1. The seven clean days need to be consecutive ones on which she does not see any blood.  If there were blood, even at the end of the 7th day, the previous days would be negated and she would need to perform a new hefsek tahara and count seven clean days.  There are those who say that if she found a stain during the first 3 days of the seven, she can not use the rules of attribution as we do with other stains.  The first 3 days need to be completely clean.  After that, the stain would be treated under the standard rules, and so is the custom. This rule (of the first 3 days) applies specifically with a stain larger than a gris, but with one that is smaller than that we can attribute the stain to a louse even during the first 3 days.  Similarly, this is the law if she has a wound and she knows that it is bleeding - she can attribute the stain to that regardless of the size of the stain.  However, during the first three days we do not use attribution for a wound that we do not know with certainty that is releasing blood or for other things that we normally invoke attribution, as is explained in Siman 190.


What's Going On - Staining

This entire halacha is derived from an early Rishon (The Mordecai - 1240-1298) and not from any Gemara.  We have learned that the woman needs to count seven days.  What happens when she believes, erroneously, that she has seen a stain that would make her impure?  In that case we rule that the woman has had what we call a "hesech hada'as" - an interruption in her intent and she therefore needs to recount the seven days.

The Rama advises us that there is no attribution during the first 3 days.  Quoting the Tzemach Tzedek (1789-1866, the 3rd Lubavtich Rebbe), the Toras HaShlamim teaches that the period meant here is not the first 3 days of the 7 clean days, but rather is the first three days on which there is no bleeding.  Therefore, if a woman's menstruation lasted for 3 days, then days 4 and 5 of her initial 5 day impurity would count as days 1 and 2 of the 3 days referred to here.  Obviously, this means that a woman would need to have done a self-examination during those days.  There is an argument between the Tzemach Tzedek and his son-in-law, the Avodas HaGershuni in a case revolving around a woman whose menstruation began on an Wednesday.  On Friday the woman performed a basic self-examination to see if she could wear white clothing for Shabbos. Based on the exam, Avodas HaGershuni permitted the woman to start counting the 3 days at that time while his father-in-law demurred, stating that any self-examination prior to the 7 clean days must be known to have been as thorough as the self exams of the 7 days themselves.  He does not, however, argue about the concept of starting the 3 days during the initial 5 days.  It seems that most poskim follow the more lenient view.  My own opinion is that since we normally don't do self-examinations to determine our wardrobe selections, one might as well perform a self-examination as thorough as that for the 7 clean days, since the self-examination has no other purpose than to initiate the 3 day count.

There is a dispute among the poskim about another aspect of the 3 day requirement, based on the word in the halacha "legamre".  One view requires that she actually do a self-examination on the 3 days in question.  However, the basic meaning of the Rama is exactly as it sounds - that the determining factor is the passage of days and not self-examinations.

If a woman finds a stain on a garment that she wore on both Day 3 and Day 4 and does not know whether the stain was there from Day 3, we rule leniently and attribute the stain to Day 4, at which point the normal rules of staining apply.

Rav Wozner suggests that we be strict regarding colored garments on the first three days and include stains on colored undergarments that are next to the skin in the category of staining that would render her impure.  The Chasam Sofer disagrees and applies the exemption of colored garments to the first three days as well.

 

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