Siman 197, Seifim 3 - 5

 

  1. One is prohibited from immersing during the daytime of the seventh day.  Even if she waited until the 8th or 9th day she may not immerse during the day because of "Srach Bitah" (meaning that the daughter will learn from her and will immerse during the day like mother and will not understand that her mother had immersed after 7 days and not on the 7th itself.

    Rama
    - The brides who immerse before their weddings may do so during the day because she is not coming to her husband until the evening, but after the wedding she is considered like all women.
     

  2. In a place where there is a difficulty, such as if she is afraid of immersing at night because of the cold or because of safety or because the gates of the city close, she may immerse on the 8th day.  She may not immerse on the 7th day even in a case of difficulty.
     

  3. If she went during the 8th day without there having been a reason for doing so, her immersion nevertheless is valid.  Similarly, if she went during the 7th day, the immersion is valid.

    Rama - In any event she may not have intercourse until the night time, even on the 8th day and she should hide the fact of her immersion from her husband.
     


What's Going On - Timely Immersions

The basic halacha is that women do not immerse during the day time.  Theoretically, a woman could go immerse during the daytime of day 7.  However if a woman were to immerse during the day, engage in intercourse with her husband and then experience bleeding before the actual end of the day, she would become retroactively and she and her husband will have had forbidden relations.

The term "srach bitah" means "conduct of her daughter".  This concern was the underlying reason for the rule of not immersing during the day, even on day 8 or later.  We are afraid that a woman's daughter (or any other woman) will see her going during the day and not understand that she is immersing late and will conclude that it is acceptable to immerse during the daytime of day 7.

Rav Wozner makes 2 interesting comments.  First, he notes that in the summertime when nightfall is late in some large communities the women would go immerse while the were in shul.  At that time of year, it is frequent to pray Ma'ariv at a fairly early hour (which is after the time called plag haminchah, 10 3/4 hours of the day).  Apparently, in this case there was no concern for srach bitah because all of the women told each other that they were going early in order to hide the fact of their immersions from their husbands.

He also raises a question that in large communities there are often a lot of women who are waiting to immerse and women would go to the mikvah to get in line while it was still daytime.  In this case also, it assumed that the daughters understand the reason for the mothers' early departure.

The halacha however does recognize that there could be circumstances in which it is impossible to immerse at night under any circumstances, such as fear of wild animals or robbers or excessively cold water.  In those circumstances, while we still do not permit immersion on the daytime of day 7, we will permit it during the daytime of day 8.  The regular objection of srach bitah is suspended because the daughter knows the circumstances and won't learn improperly from it.

In a case in which a couple went on a ship on day 7 and would not have access to a mikvah for several weeks, the Chazon Ish prohibited a daytime immersion on day 7.  We see from this the extent to which we go to prevent day 7 immersions.

Rav Wozner, however, contends that one could have lenient in that circumstance, given that the couple would need to with a very lengthy period of impurity.

Therefore, while the halacha is very strict about not permitting immersion during the day on Day 7, in certain limited cases there is room for leniency.  As always, if one is in a situation like this, one should seek guidance and not automatically assume that early immersion is prohibited or permitted.

The prohibition of daytime immersion aside, if a woman were to immerse during the day, the Shulchan Aruch rules that the immersion is valid.  The Rama adds that the woman must nevertheless hide the fact of her immersion from her husband and must certainly not have intercourse before nightfall.

However, the Shach(11) and other poskim rule that a daytime immersion on Day 7 counts in case of an unforeseen or accidental problem.  The Shach quotes a ruling that requires the woman to immerse again at nightfall.  She does not make a blessing on the second immersion.  If possible one should follow the stricter opinion.

 

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