Question:Does pregnancy uproot previous vestos? And if so, at what stage of pregnancy? Discussion: 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. The Tur in Yoreh De’ah Siman 189 rules that from the stage of hukar uboroh a pregnant lady does not need to be choshesh for any pre-existing veses, consequently she does not require a bedikah on the day (or night) of any pre-existing veses. The Shulchan Aruch (Siman 189 Se’if 34) rules similarly. Rav Wosner in Shi’urei Shevet Halevi (Siman 184 Se’if 7) proves that the requirement of hukar uboroh (or three months) to be considered mesulekes is not because before this stage there is no clear proof that she is in fact pregnant, rather only from this stage it can be assumed that because of the pregnancy she will not menstruate. The Shevet Halevi writes that even nowadays where it is possible to conclusively confirm a pregnancy well before three months, a pregnant lady is still required to reach the stage of hukar uboroh to be considered mesulekes. One of the proofs he brings is from the Me’iri (Niddoh 9a) who writes that the stage of mesulekes is only attained at the stage of hukar uboroh because at that stage the [developmental stage of the] fetus causes siluk domim. Rav Wosner also points out that nowadays where most pregnant ladies cease menstruation almost immediately after conception it is of little relevance that during the first three months of pregnancy a pregnant lady does not have the status of mesulekes. This is because most ladies do not have a veses kovua, and a veses she’eino kovua is cancelled after one time of not seeing on the yom haveses. Therefore, typically a pregnant lady will be choshesh for one veses hachodesh, veses haflogo and onah beinonis, and if these yemei veses are clear from bleeding she will no longer have to be choshesh for vestos even during the first three months of pregnancy. Conclusion: Regarding pre-existing vestos, a pregnant lady is choshesh for vestos during the first three months of pregnancy. This remains true even if she confirmed the pregnancy with a blood test or ultrasound. |
Niddoh
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