Issurei Biah - Chapter Seven

When a pregnant woman begins to feel pain, the labor pains take hold of her, and there is a flow of blood before she gives birth, that bleeding called "the blood of the throes."

What are the laws that govern it? If it comes during her days of niddah, it is considered as niddah bleeding and she is impure as a niddah. If it comes in her days of zivah, she is pure.1 [This is derived from Leviticus 15:19]: "When blood flows within her flesh." According to the Oral Tradition , we learn that the bleeding must come from herself, and not because of a child.

[The above applies] provided she gives birth to a living child. If, however, she miscarries, [the laws of "the blood of] the throes" do not apply.

Even if the blood is flowing together with contractions and pain for fourteen days2 before she gives birth, this is considered as "the blood of the throes" and she is pure. If, however, the bleeding began fifteen days or more before birth, the bleeding is considered as "the blood of zivah" and the laws that apply to a woman who gives birth while in the state of zivah apply to her.3

When does the above apply? When the contractions, throes, and pain did not cease, but instead, she continued having difficulty until she gave birth. If, however, she discovered bleeding for three days or more during her "days of zivah" amid pain and throes, but the pains cease and the throes ease after three days and she is able to remain comfortable for 24 hours or more, she is a zavah.4 For if the bleeding was coming as a result of the child, the pain and the throes would not cease [for that long]. If she gives birth afterwards, the laws that apply to a woman who gives birth while in the state of zivah apply to her.5

When she discovers bleeding for one day without pain and then for two days with difficulty and then gives birth, [discovers bleeding] for two days without pain and then for one day with difficulty and gives birth, or [discovers bleeding] for one day with difficulty, then for one day without pain, and then for one day with difficulty and gives birth, the laws that apply to a woman who gives birth while in the state of zivah do not apply to her.

If, however, she discovers bleeding for one day with difficulty and then for two days without pain and then6 gives birth, [discovers bleeding] for two days with difficulty and then for one day without pain and gives birth, or [discovers bleeding] for one day without pain, then for one day with difficulty, and then for one day without pain and gives birth, the laws that apply to a woman who gives birth while in the state of zivah apply to her.7

This is the general principle: When there are throes in proximity to birth, the laws that apply to a woman who gives birth while in the state of zivah do not apply to her. When there is ease in proximity to birth, the laws that apply to a woman who gives birth while in the state of zivah apply to her.

When the third day of her sighting blood is the day on which she gives birth, even if the entire day is characterized by ease, the laws that apply to a woman who gives birth while in the state of zivah do not apply to her. [The rationale is that] the day she gave birth is close to difficulty.8

If she discovered bleeding for two days and miscarried on the third day, but did not identify what emerged in the miscarriage,9 her status is doubtful. There is a question if the laws of zivah or the laws of a woman who gave birth apply to her.10

What are the laws that apply to a woman who gives birth while in the state of zivah? She must abide seven spotless days.11 Afterwards, she immerses herself at night and is permitted to her husband. Only then do the laws of "the blood of purity" apply to her. She must bring an offering of a zavah and the offering of childbirth. Accordingly, if she gives birth to a male, even if her bleeding ceases on the day she gives birth, she should count seven "spotless" days and immerse herself. If she gives birth to a female and counts seven "spotless" days which conclude with the fourteen days [she is impure because of] birth or after them, she can immerse herself and she is permitted to her husband. If the days of her counting conclude within the fourteen days, she is forbidden to her husband until the fifteenth night.12

What is implied? If she discovered bleeding for three days and then counted seven "spotless" days, there are [only] ten days and she remains forbidden to her husband until the fifteenth night.13 For the entire fourteen days, she is like a niddah.

Why do we not require a woman who gives birth while in the state of zivah to count seven "spotless" days after the seven days [of impurity that follow] the birth of a male or the fourteen days [of impurity that follow] the birth of a female?14 Because the days following birth and the days of niddah in which blood is not sighted are counted as part of the seven "spotless" days, as will be explained.15

When a woman who gives birth while in the state of zivah does not cease bleeding,16 [the laws of] "the blood of purity" do not apply to her. Instead, any uterine bleeding is considered as the bleeding of zivah. If, however, she counted seven "spotless" days, completed the fourteen days [following the birth of] a female, and then immersed herself, [the laws of] "the blood of purity" apply to her [should] she sight bleeding during the 40 days following the birth of a male and the 80 days following the birth of a female.17

If she counted seven "spotless" days, but did not immerse herself immediately and afterwards18 discovered bleeding, she may [nevertheless] immerse herself. She is permitted to her husband immediately, for all of the days of purity are not fit neither for niddah, nor for zivah.19 Nevertheless, until she immerses herself, the blood itself is impure and renders others impure like the blood of niddah.20

[The following laws apply when a woman] gives birth to a female and after the fourteen days of impurity, she becomes pregnant again. She then [begins to miscarry and] the blood of childbirth begins to flow with the 80 days [of blood of purity]. This is also considered as "pure" blood. Although generally, we do not consider bleeding which precedes miscarriage as bleeding which precedes childbirth,21 [an exception is made in this instance]. For any blood that she sights during the days of purity is pure until she [actually] miscarries. When she miscarries, she becomes impure because of the birth. If [the fetus] she miscarries was male, she is impure as if she gave birth to a male. If [the fetus] she miscarries was female, she is impure as if she gave birth to a female. She counts the days of impurity and then the days of purity from the second "birth."

Even if she was pregnant with twins and miscarried one on one day and miscarried the other after several days passed, she counts days of impurity and days of purity from the second [miscarriage].

When the flow of a zavah ceases, she begins to count her seven "spotless" days, and then the blood of the throes of childbirth comes in the midst of the "spotless" days, it does not nullify her counting. [On the contrary,] the days of bleeding are counted as part of the seven days.22

Similarly, if she gave birth in the midst of the seven "spotless" days, the birth does not nullify her counting. Indeed, the days of birth can be counted in the seven ["spotless"] days23 even though she is impure. [This is indicated by Leviticus 15:28]: "If she has become pure from her zivah." Implied is that since she has become pure from her zivah - even though she is impure for other reasons, e.g., the impurity of childbirth, the impurity of niddah, or the impurity of tzara'at24 - she may count on them. These types of impurity and the like do not nullify her counting.

When a woman does not discover bleeding in her niddah days25 and the days following childbirth, they may be counted as part of her seven "spotless" days. If she does discover bleeding during these days, these days are not counted, nor do they nullify her previous reckoning. Instead, she completes her counting, adding to the days counted previously, when her bleeding ceases. For the only bleeding that nullifies a woman's counting is zivah bleeding. These types of bleeding invalidate only that very day.

After you have understood all the fundamental principles which we have explained, you will be able to comprehend our Sages' statement26 that a woman may discover uterine bleeding for 114 consecutive days without becoming a [major] zavah.

What is implied? [The first days are] the last two days before her days of niddah.27 [They are followed by] the seven days of niddah, two days [of zivah] which follow the days of niddah,28 14 days of [pre-birth] difficulty, the 80 days associated with the birth of a female, the seven days of niddah, and two days [of zivah] which follow the days of niddah.

From this, one learns that any bleeding that a woman discovers after the completion of the days associated with childbirth marks the beginning of her days of niddah. We do not pay attention to the previously existing times when she would be expected to menstruate.

Accordingly, there is a doubt whether a woman who discovers bleeding bein hashamashot29 is a niddah. For perhaps it is considered as if she discovered the bleeding at night, when her days of niddah could begin.

We have already explained30 that when a woman continues her niddah bleeding for seven days, she is permitted to engage in relations on the night of the eighth day after she immerses herself.31 A minor zavah who watches herself for one pure day and immerses herself is permitted to engage in relations in the evening. A major zavah must count seven "spotless" days. Then she immerses herself and is permitted to engage in relations on the night of the eighth day. There are only eleven days between [one set of] the "days of niddah" and a second set. During these eleven days, [a woman who discovers uterine bleeding will be either a minor zavah or a major zavah.

When you will remember all of these fundamental points, you will understand our Sages' statement32 that a woman who has established a fixed [continuous] pattern in which she discovers bleeding on one day and does not discover it on the following day. At the outset, she may engage in relations on the night and day of the eighth day,33 i.e., the first day after her "days of niddah." [On the whole,] she may engage in relations only four nights34 during eighteen days.35 She may not engage in relations during the days which are pure, because the days must be watched because of the [previous] impure day.36 Accordingly, if on the impure days, she always discovers bleeding at the beginning of the night, she may only engage in relations on the eighth day which is the first day after her "days of niddah."

If [a woman's established pattern] is to discover bleeding for two impure days and then to experience two pure days, she may engage in relations on the eighth, the twelfth, the sixteenth, and the twentieth.37

If [a woman's established pattern] is to discover bleeding for three impure days and then to experience three pure days, she may engage in relations on two of the three pure days that follow her "days of niddah." For the first of them must be watched because of the two impure days that follow her "days of niddah."38 Afterwards, she may never engage in relations again. For she will be established as a major zavah,39 but will never count seven "spotless" days [to purify herself].40

If [a woman's established pattern] is to discover bleeding for four impure days and then to experience four pure days, she may engage in relations on one day after her ["days of] niddah."41 Afterwards, she may never engage in relations again.42

13If [a woman's established pattern] is to discover bleeding for five impure days and then to experience five pure days, she may engage in relations on three days after her ["days of] niddah."43 Afterwards, she may never engage in relations again.

13If [a woman's established pattern] is to discover bleeding for six impure days and then to experience six pure days, she may engage in relations on five days after her ["days of] niddah."44 Afterwards, she may never engage in relations again.

If [a woman's established pattern] is to discover bleeding for seven impure days and then to experience seven pure days, she may engage in relations during the first pure week that follows her ["days of] niddah." That is followed by an impure week which establishes her as a zavah.45 The week which follows is required to count [seven "spotless" days] and it is forbidden to engage in relations during it. Thus in four weeks she is allowed to engage in relations for only one week. Throughout her entire life, she may engage in relations for eighteen days in eighteen weeks.46

What is implied? During the fifth week, she is a zavah. The sixth week in which she is pure is required to count [seven "spotless" days]. During the seventh week, she is a zavah. During the eighth week, she must count. During the ninth week, when she discovers bleeding, five of these days are [during her] "days of niddah" and two are [during] the beginning of her "days of zivah."47 [Hence,] she must watch one day48 of the tenth week and may engage in relations for six [days]. During the eleventh week when she discovers bleeding, two are the conclusion of the days of zivah49 and five are during "the days of niddah." During the twelfth pure week, she may engage in relations for five days.50 During the thirteenth week, she is a zavah. During the fourteenth week, she must count. During the fifteenth week, she is a zavah. During the sixteenth week, she must count. During the seventeenth week, she is a zavah. During the eighteenth week, she must count.

She continues to count in this manner forever.51 Thus she will be able to engage in relations on eighteen days in eighteen weeks. If she did not have such a physical difficulty, and she would be a niddah for a week and be pure for eleven days, she would be able to engage in relations for eleven weeks, i.e., 77 days, out of the eighteen weeks.

When she discovers bleeding for one impure week and then is pure for a week, and thus can engage in relations for eighteen days, this is approximately52 one fourth of the days [on which she would ordinarily be allowed to engage in relations]. This is what our Sages53 [implied when] saying: "She may engage in relations for a fourth of her days."

If [a woman's established pattern] is to discover bleeding for eight impure days and then to experience eight pure days, she may engage in relations for fifteen days amid 48 days.54

What is implied? Of the first eight days, seven are her "days of niddah" and one is the first of the "days of zivah" that follow the "days of niddah." She must watch one of the eight pure days and can engage in relations on seven of them. Afterwards, come seven impure days. Two of them are the final days of her "days of zivah" and six are in her days of niddah. Then come eight pure days. The first of them is the conclusion of her "days of niddah."55 She may engage in relations on the remaining seven.

Then come eight impure days. Four of them are the final days of her "days of zivah" and four are in her "days of niddah." Thus she is a major zavah and must count seven "spotless" days. Afterwards, come seven pure days. She counts for seven of them and may engage in relations for one day. Thus she may engage in relations for fifteen days in each 48.56

If [a woman's established pattern] is to discover bleeding for nine impure days and then to experience nine pure days, she may engage in relations for eight days in every eighteen days forever.57

What is implied? Of the nine impure [days]: Seven of them are her "days of niddah" and two are "days of zivah" that follow her "days of niddah." She must watch one day58 of the nine pure days and may engage in relations on the remaining eight. This pattern continues forever.

If [a woman's established pattern] is to discover bleeding for ten impure days and then to experience ten pure days - and the same rules prevail for more than ten, indeed even 1000 days, if the same number of days are pure as impure59 - the number of days when she may engage in relations will equal the number of days [from when she began bleeding]60 as a zavah.

What is implied? If there are ten impure days, seven of them are days of niddah and three days of zivah. [Therefore on] her ten pure days, she must count seven and may engage in relations on three. Thus there will be three days when she may engage in relations and three days of zivah. Similarly, when she is impure for 100 days and pure for 100 days. The first seven are days of niddah and the following 93 [start on] her "days of zivah." Hence, of her 100 pure days, seven must be counted and she may engage in relations on 93 of them. Similar principles apply with regard to 1000 days or any other number of days.