DAF DISCUSSIONS - NIDAH 0

David Goldman asks:

Do Chazal or Rishonim and Achronim have an explanation for why the Torah makes no explicit statement requirement a woman to immerse at the end of her niddah period in order to be with her husband, at least in Vayikra 20 as we find for other impurities (since in Vayikra 15 it only discusses the issue of transmitting tum'ah)??

David Goldman, USA

The Kollel replies:

Tosfos in Yoma 78a presents three possible sources from which we may derive that a Nidah must immerse in a Mikvah. The first is a Kal va'Chomer: If we find that even a Rishon l'Tum'ah coming in contact with Tum'ah must immerse, as clearly stated in Vayikra 15, and we find that a Nidah herself causes impurity with her touch, then certainly a Nidah immersion to purify herself (Rav Yehudah Ga'on). Tosfos adds that we may also learn from the verse, "Mei Nidah" (written with regard to the Parah Adumah) that she needs water to purify herself (Avodah Zarah 75; Rabeinu Tam). The Ri derives the source from "veha'Davah b'Nidasah," which Chazal explain (Shabbos 64b) to mean that she remains a Nidah until she enters water.

The Rambam (Hilchos Isurei Bi'ah 3:4) derives this from a Derashah in Toras Kohanim regarding a Ba'al Keri who must immerse, and this is a Binyan Av for all of those who are impure to immerse. (The Derashah does not appear in our Toras Kohanim.)

However, as you correctly pointed out, it is surprising that there is no explicit reference to this obligation. The Torah Temimah asks your question and suggests that since it says "v'Achar Tit'har" regarding a Nidah, this definitely means immersion. He derives this from Na'aman who was told to go and wash himself in the Jordan River, but he actually immersed himself and did not wash, since Elisha told him "Lech Tehar" -- "go and purify yourself," and he understood these words to mean immersion.

The Ramban (Shabbos 13b) also refers to this and explains that since the purification of the Zav required immersing in Mayim Chayim and the word "v'Taher" is used, and immediately afterwards the Parshah of Nidah and Zavah appears with the word "Taharah," it refers to the same Taharah as the previous Parshah, meaning in water. He adds that she does not require Mayim Chayim, as there is an additional word, "v'Achar Tit'har," implying any form of immersion in a Mikvah. The Ramban asserts that this is the Peshat in these verses.

Yoel Domb

David Goldman asks:

Thank you. I am aware of these explanations. But is the kal vachomer etc. pronounced by the rishonim or by Chazal in the gemara, and if it isn't by Chazal, so the question is even bigger: why is there no posuk in the Torah requiring tevila before a woman is with her husband after her period, AND why is there no mention of the kal vachomer, etc. by Chazal in the gemara itself, or at least an explanation for why it isn't in the Torah. ESPECIALLY given the fact that Vaykira already pronounces KARESS for a man who has relations with a woman who is niddah (which I presume is only during the days of bleeding, and which by itself doesn't necessarily mean that karess applies AFTER the bleeding stops).

DG

The Kollel replies:

The Gevuros Ari actually claims that the Kal va'Chomer was never intended to include Tevilah and deals only with Taharos; e.g., if even Maga causes impurity, then definitely a Nidah causes impurity.

The Parshah of Nidah itself discusses only matters of Tum'ah and Taharah and does not discuss how a Nidah can purify herself. However, this is not to say that she could merely become Tehorah after a certain time. There is no such automatic purification in the Torah, since even a person who is Rishon l'Tum'ah requires immersion to become pure. The Kal va'Chomer is therefore obvious; it could really be called a "Giluy Milsa" (revelation of something obvious). The Poskim, however, describe the purification of a Nidah as something that Chazal received through tradition (see Chochmas Adam 118), but it seems obvious that she remains Teme'ah (and therefore forbidden to her husband) until she immerses.

The Chida found a hint to this in the verse, "b'Nidas Tum'asah Lo Tikrav" -- the first letters form the word "Titbol," meaning that even after her bleeding is completed she must immerse (Pnei David). However, it would appear to be even the simple understanding of these words, since it does not say "b'Nidasah" but rather "b'Nidas Tum'asah," implying that it is not the discharge which prevents relations but the Tum'ah which must first be removed.

Yoel Domb

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