1)

ATTTEMPTS TO RESOLVE THE DISPUTE

(a)

Question (Beraisa): Days of pregnancy can complete three months without blood (to be considered Mesulekes Damim and Dayah Sha'atah) that a woman started while nursing. Days of nursing can complete three clean months that she started while pregnant.

1.

If she had two clean months during pregnancy and one while nursing, or vice-versa, or one and a half of each, this counts like three months.

2.

According to Rav, we understand why she must have three clean months (when the nursing is at the end, to be considered Mesulekes Damim);

3.

However, according to Levi, if the blood ceased to flow for a moment, even if she sees blood later, it is from the Tahor source. Regarding Tamei blood, she is Mesulekes Damim!

(b)

Answer: It means that the blood must cease to flow for a moment in order that days of nursing will complete three clean months.

(c)

Question (Beraisa #1): Shamai and Hillel (Rashi; Ramban - R. Meir and R. Yosi, who argue (9a) about whether or not a Yoledes who is not nursing is Mesulekes Damim for 24 months) agree that a woman is Dayah Sha'atah after Dam Tohar.

1.

We understand according to Levi. During Yemei Tohar, she did not see Tamei blood.

2.

However, according to Rav, why is she Dayah Sha'atah (even if the last three months were not clean)?

(d)

Answer: They agree that she is Dayah Sha'atah during the day after Dam Tohar, since even if she had seen 24 hours ago, she is Tehorah.

(e)

Question: We should be concerned lest she saw after the last Bedikah (after Dam Tohar ended)!

(f)

Answer: Since we cannot say that she became Teme'ah 24 hours ago, there is no decree of retroactive Tum'ah at all.

(g)

Question (Beraisa #2): If a Yoledes b'Zov counted her clean days but did not immerse, Beis Shamai and Beis Hillel argue like they do regarding Yoledes.

1.

We understand according to Rav. Beis Hillel considers her blood like that of a Zavah. It is Tamei wet or dry;

2.

Why does Levi say that Dam Tohar is Tamei wet and dry?

(h)

Answer #1: Tana'im argue about this. Levi holds like the Tana of Beraisa #1.

(i)

Answer #2: The case is, the blood did not cease to flow from the end of Yemei Tum'ah (so it is still from the Tamei source).

(j)

Question: It says that she counted her clean days!

(k)

Answer: The case is, she was Yoledes Nekevah b'Zov. She counted seven clean days, and the blood started during the second week (and continued flowing into Yemei Tohar);

1.

They hold that clean days of Tum'as Yoledes count towards the seven clean days.

(l)

(Mar Zutra): The Halachah follows the stringencies of Rav and Levi.

(m)

(Rav Ashi and Mereimar): The Halachah follows Rav (entirely).

(n)

The Halachah follows Rav.

36b----------------------------------------36b

2)

DAM KOSHI

(a)

(Mishnah): If a woman sees blood b'Koshi (amidst labor pains), she is a Nidah (this will be explained);

(b)

R. Eliezer says, if a woman saw Dam Koshi for three consecutive days during the 11 days of Zivah, and had 24 hours respite before giving birth, she is Yoledes b'Zov;

(c)

R. Yehoshua says, the respite must be for a Halachic day (a night and the following day), e.g. Shabbos;

1.

The respite must be from the pain, but not from the blood.

(d)

Question: How long before birth do we attribute blood to the birth?

(e)

Answer #1 (R. Meir): We do so even 40 or 50 days before.

(f)

Answer #2 (R. Yehudah): We do so only in her (last) month (of pregnancy).

(g)

Answer #3 (R. Yosi and R. Shimon): We do so only in the two weeks before the birth.

(h)

(Gemara) Question: Not everyone who sees Dam Koshi is a Nidah! (Perhaps this was during the days of Zivah.)

(i)

Answer #1 (Rav): (The Mishnah teaches that even though Dam Koshi during Yemei Zivah does not make her a Zavah,) she is forbidden like a Nidah on the day. (She is permitted the next day. She is not even Shomeres Yom k'Neged Yom. Rashi - she is forbidden today mid'Oraisa. Rashba - this is mid'Rabanan, for if she would be considered Tehorah, people would think that the day can count towards seven clean days.)

(j)

Answer #2 (Shmuel): In addition to being a Nidah for a day, mid'Rabanan, she must guard the next day like Shomeres Yom k'Neged Yom, lest the pain respite and retroactively she will become a Zavah.

(k)

(R. Yitzchak): Dam Koshi does not affect anything.

(l)

Question (Mishnah): A woman who sees Dam Koshi is a Nidah.

(m)

Answer (and Answer #3 to Question (h) - Rava): If she sees (b'Koshi) at a time when blood (without pain) would make her a Nidah, she becomes a Nidah. If she sees during Yemei Zivah, she is Tehorah.

(n)

Support (Beraisa): If she sees at a time when she could become a Nidah, she is a Nidah. If she sees during Yemei Zivah, she is Tehorah.

1.

If she saw for three consecutive days, and did not have pain on the third day (whether or not she had pain on days one and two), she is Yoledes b'Zov;

2.

If she had pain on the third day, in any case she is not Yoledes b'Zov.

3.

The rule is, if the birth came after pain (without respite in between), she is Yoledes b'Zov. If it came after respite, she is not.

4.

Chananya (the nephew of R. Yehoshua) says, if she had pain on any part of the third day, even if this was followed by 24 hours of respite, she is not Yoledes b'Zov.

5.

Question: What do we learn from "the rule is... "?

6.

Answer: It alludes to Chananya's law.

3)

THE SOURCE OF THE LAW

(a)

Question: What is the source of this?

(b)

Answer #1: "Damah" refers to her (natural) Dam Zivah, but not blood due to the birth.

1.

Suggestion: Perhaps this excludes Dam Zivah due to any Ones!

2.

Rejection: "Ki Yazov Zov Damah" includes Ones. Therefore, "Damah" excludes Dam due to the birth.

3.

Question: Why do we include Ones and exclude Dam due to the birth, and not vice-versa?

4.

Answer #1: We are Metaher Dam due to the birth, because it is followed by Taharah (Dam Tohar). This does not apply to Ones.

i.

Objection: Rather, we should be Metaher Ones, for a man who sees Zivah b'Ones is Tahor (not a Zav)!

ii.

Answer: We do not find that Ones is Tahor regarding a woman.

5.

Answer #2: Birth is the biggest Ones there is! (It is unreasonable to be Metaher other Onesim and be Metamei birth.)

(c)

Question: If so, Dam Koshi should not make her a Nidah (even at a time when she could become a Nidah)!

1.

We should expound "Zovah" -- her (natural) Dam Nidah, but not blood due to birth.

2.

Question: Perhaps this comes to exclude blood due to Ones!

3.

Answer: "V'Ishah Ki Siheyeh Zavah" includes Ones;

i.

"Zovah" must exclude Dam due to the birth.

(d)

Answer #1 (Reish Lakish): "Teshev" teaches about another case of Tahor blood (in addition to Dam Tohar), i.e. Dam Koshi during Yemei Zivah.

(e)

Objection: Perhaps it is Dam Koshi during the days of Nidah!

(f)

Answer #2 (Shmuel's father): "V'Tam'ah Shevu'ayim k'Nidasah", but not like her Zivah, which is Tahor;

1.

Dam Zivah is Tahor when it is seen b'Koshi.

(g)

Question: Since we learn from "v'Tam'ah Shevu'ayim k'Nidasah," why do we need "Damah"?

(h)

Answer: Without "Damah," one might have thought that Zivah seen b'Koshi is always Tahor, even if the pain respites before birth.

(i)

A case occurred in which Shila bar Avina ruled like Rav. When Rav was dying, he told Rav Asi to tell Shila to retract. She is entirely Tahor. If he refuses, Garyei (convince him);

1.

Rav Asi thought he said "Gadyei" (excommunicate him). Shila said "had Rav retracted, he would have told me." He refused to retract. Rav Asi excommunicated him. (Aruch la'Ner - Rav did not really retract. He was a Tana, and he argued with the Beraisa supporting R. Yitzchak, but he did not want his Talmidim to rule like himself against a Beraisa.)

2.

Shila: Don't you fear the fire of a Chacham like myself (Avos 2:15)?!

3.

Rav Asi: No, (the merit of my father will protect me, for) I am (the son of) Isi ben Yehudah, also known as Isi ben Gur Arye, Isi ben Gamliel and Isi ben Mehalalel, a copper Asisa (receptacle into which one pounds. The pounder does not harm it!)

4.

Shila: I am Shila bar Avina, an iron pounder that breaks a copper Asisa!

5.

Rav Asi fell sick from overheating and then from chills; he died. Shila told his wife "prepare shrouds for me. I want to die before Rav Asi tells Rav that I did not listen." After he died, myrtle branches (which were normally put on the coffins) jumped from the coffin of one Chacham to the other, showing that they made peace among themselves.

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