Question:Does a lady after birth have to be choshesh for vestos established before pregnancy? And what about a Caesarean birth? Introduction: Another lady mentioned in the Mishna (Niddoh 7a) who is subject to a special status regarding vestos is a meinekes (literally “nursing”). The Gemoro (9a) brings a braysa that discusses a machlokes tano’im regarding the parameters of meinekes. Rav Meir understands that the nursing itself withholds menstruation; consequently, if the child died and nursing ceases, the mother does not have the status of meinekes any longer. The same applies if the child is weaned and does not continue to nurse. Conversely, if she continues to nurse for several years she maintains her status of meinekes as long as she continues to nurse. According to Rav Yossi and Rav Shimon this status is independent of actually nursing or not; rather every lady who has undergone childbirth is not expected to resume menstruation for 24 months following birth because of the trauma of the birth itself, irrespective of whether she is actually nursing or not. Discussion: The Tur (Yoreh De’ah Siman 189) and Shulchan Aruch (Siman 189 Se’if 34) rule that a pregnant lady (from the stage of hukar uboroh) and a lady who is after childbirth (for 24 months) do not need to be choshesh for any pre-existing veses, consequently they do not require a bedikah on the day (or night) of any pre-existing veses. Earlier, in Siman 184 Se’if 7 the Shulchan Aruch also rules regarding pregnancy that a pregnant lady (from the stage of hukar uboroh) and a lady who is after childbirth (for 24 months) do not need to be choshesh for a pre-existing veses, and on the day or night of the veses they are permitted to be together with their husbands and are not required to perform a bedika. Contemporary Poskim discuss the status of a lady following a Caesarean birth. It can be argued that a Caesarean birth does not have the Halachic status of a birth regarding other dinim, as we find regarding dam tumah, dam tahara and pidyon haben, therefore there should be no status of a birth regarding vestos as well. On the other hand, since according to Rav Yossi and Rav Shimon the status of meinekes is attained because of the trauma of the childbirth, a Caesarean birth is certainly a trauma for the body and maybe it too causes menstruation to be withheld. Conclusion: A lady after childbirth (for 24 months) does not need to be choshesh for any pre-existing veses. In this respect a miscarriage is subject to the same status as childbirth. Therefore, provided that the miscarriage occurred after 40 days from conception, a lady who experienced a miscarriage will be subject to the same status and dinim as a lady post childbirth and does not need to be choshesh for any pre-existing yemei veses. |
Niddoh
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