Question:Does a lady who became pregnant and then miscarried have to be choshesh for vestos established before the pregnancy? Introduction: The Gemoro in Niddoh (9a) quotes Rav Yochanan who extrapolates from a situation of a lady who was experiencing fear to pregnancy, and maintains that just as a lady who was in a situation of fear (e.g. if the city that she was in was surrounded by an enemy army or she was being pursued by bandits) and did not perform a bedika on her yom veses is considered tehora because the fear she is experiencing withholds niddus (“mesulekes”), so too pregnancy withholds niddus and therefore a pregnant lady does not require a bedika on a pre-existing yom veses. Although the Gemoro does not clearly define in the context of this situation (of a pre-existing veses during pregnancy) from what stage she is Halachically considered mesulekes, it is clear in the previous Mishna (7b) and Gemoro (ibid) regarding establishing vestos during pregnancy that only from the stage where the pregnancy is noticeable (“hukar uboroh” which is approximately three months of pregnancy) she has the status of mesulekes. Another lady who is subject to a special status in the Mishna (Niddoh 7a) regarding vestos is a meinekes (literally “nursing”). It is clear in the Gemoro (9a) that 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 the 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. The Pischei Teshuva (Siman 189 s.k. 30) quotes the Kreisi u’Pleisi who writes that a miscarriage is subject to the same status as childbirth (regarding vestos for the next 24 months) 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. This is also the view of the Sidrei Tahara (Siman 189 s.k. 36). Returning to our situation of a pregnancy that resulted in a miscarriage, even if the pregnancy had not reached the stage of hukar uboroh (three months) and consequently during the pregnancy all dinei veses were applicable to her, the miscarriage itself Conclusion: A lady who is pregnant will only attain the status of mesulekes after she reaches the stage of hukar uboroh (three months of pregnancy). Therefore, regarding pre-existing vestos, she will be choshesh for vestos during the first three months of pregnancy. Additionally, a lady who is 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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