brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
1. If a man returned from a trip out of town, he may assume that his wife is still Tahor.
2. There is a dispute about the law in a case when the husband returns during the time his wife expects to see Dam.
3. Rebbi Yochanan: A man who returns from a trip after the time that his wife should have seen Dam and become Tahor may assume that she is Tahor.
4. A possibility does not override a definite concern.
5. If a person who was scrupulous about Ma'aser dies and leaves a lot of produce, we may assume that he separated Ma'aser from it.
A BIT MORE
1. Everyone agrees that this law applies as long as he does not return during t he time that she expects to see Dam.
2. Rav Huna: The concern that she will see Dam is a Torah concern, and therefore he is not allowed to presume that she is Tahor. Rabah bar bar Chanah: He may presume she is Tahor unless informed otherwise. The concern that she will see Dam is mid'Rabanan, and the Rabanan did not make him refrain from her in this case, when he returns from a long journey.
3. The Gemara explains that this applies only in a case when he does not know that she menstruated, but assumes that she did based on her usual schedule. Accordingly, he is permitted to assume that she is Tahor since there is a doubt about whether she menstruated, and even if she did, she probably became Tahor.
4. In the case above (#3), the relevant probabilities are grounds to be lenient in the face of a stringent possibility, but not in the face of a stringent reality (i.e. that he knows for a fact that she menstruated while he was away).
5. This is because there is a Chazakah that people who are scrupulous always tithe their fruit. Also, the fruit might not have even been obligated in Ma'aser; he may have brought the fruit into his house in a manner which exempts them from Ma'aser.
Next Daf Index to Revach for Maseches Nidah