Question:I would like to know the following: If I took a pregnancy test just before my most recent period began and the results were negative, and after the most recent period I became pregnant and then had a miscarriage about after tevila, what is my status now? Introduction: A miscarriage that occurs after 40 days from conception is from a Halachic perspective classified a leidah (birth) and consequently is subject to the same halochos of tumah that govern a birth; namely, that following the birth of a male there are 7 days of tumah, which irrespective of bleeding render the lady a niddah min hatorah and following the birth of a female there are 14 days of tumah which irrespective of bleeding render the lady a niddah min hatorah. These days of tumas yoledes are clearly set out by the Torah in the beginning of Parshas Tazria, and a yoledes cannot tovel until after the yemei tumah. Were she to be tovel during the yemei tumah the tevila is not valid and needs to be repeated after the yemei tumah. In a situation where it is not possible to discern if the foetus was male or female one must observe the yemei tumah of a female (i.e. 14 days) because the foetus may have been female. The status of yoledes and the dinim of yemei tumah are only applicable following a 40-day gestation. A miscarriage within 40 days of conception does not have the Halachic status of a birth, subsequently there are no yemei tumah following such a miscarriage, although she will be rendered a niddah and there will be regular shivoh nekiyim as per every niddah (Shulchan Aruch Siman 194 Se’if 2). Yemei tumah are particularly relevant following an early miscarriage (after 40 days since conception), where it may be possible to complete shivoh nekiyim within 14 days of the miscarriage. In such a situation, one cannot be tovel within 14 days of the miscarriage, and if one would be tovel within these 14 days the tevila is ineffective, the lady remains a niddoh min hatorah and needs to return and be tovel after 14 days following the miscarriage. Discussion: Rav Wosner in Shi’urei Shevet Halevi (Siman 194) writes that if prior to the last menstruation a lady verified that she is not pregnant, she can rely on this verification to count the 40 days from the subsequent tevila. [Although Rav Wosner does not specify which methods can be considered reliable verification, it appears that a blood test would be an accurate and reliable method to rule out the possibility of a pregnancy. A regular home pregnancy test, however, does not appear to be reliable enough to rule out a pregnancy.] Additionally, the conclusion of Rav Wosner is that nowadays where the norm is that regular menstruation does not occur during the first three months of pregnancy, if a lady experienced regular menstruation she does not have to be choshesh that she is pregnant and can count the 40 days from the tevila. However, if she only saw a kesem or slight bleeding she cannot count the 40 days from the last tevila (because she could already be pregnant). Another important point mentioned by Rav Wosner (ibid) is that an ultrasound scan cannot be relied upon to measure and determine fetal age. Conclusion: For a miscarriage to have the status of a birth there needs to have elapsed 40 days since conception. There is a machlokes among the Poskim if it is possible to calculate the 40 days from the last tevila (based on the assumption that a pregnant lady will not menstruate) or if one has to be choshesh that the lady was already pregnant prior to the previous tevila. The conclusion of Rav Wosner is that nowadays where the norm is that regular menstruation does not occur during the first three months of pregnancy, if a lady experienced regular menstruation she does not have to be choshesh that she is pregnant and can count the 40 days from the tevila. However, if she only saw a kesem or slight bleeding she cannot count the 40 days from the last tevila (because she could already be pregnant). |
Niddoh
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