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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Nidah 38



(a) Aba Shaul in the name of Rebbi maintains that the Din of Koshi extends even to the days when she is fit to become a Zavah Ketanah.

(b) If Rebbi Meir declares Tahor all the forty or fifty days of Koshi, then the Kashya on Rebbi Levi and Aba Shaul, according to whom the leniency is restricted to the days of Zivus only, is apparent.

(c) The Gemara however, replies that Rebbi Meir is not Metaher all the forty or fifty days, but only the days of Zivus during that period.

(a) A woman sees blood during the last 2 days of Zivus, the 7 days of Nidus, 2 after Nidus, 50 of Koshi, 80 of the days of Tum'ah and Tohar of a girl after the birth, 7 of Nidus and 2 of Zivus. We have here 150 days that a woman sees blood, without becoming a Zavah.

(b) It is possible for a woman to keep on miscarrying after each fifty days of Koshi, without ever becoming a Zavah.

(c) According to Rebbi Meir, Koshi only prevents a woman from becoming a Zavah before a birth, but not before a miscarriage.

(d) The Tana of the second Beraisa is not concerned with the fifty days of Koshi.
The Chidush is to teach us that it is possible for a woman's womb to open without a sighting of blood, because, if it was not possible, then the day of birth (which follows two days of Zivus) would inevitably be the third day of Zivus, and she would be a Zavah.

(a) Rebbi Yehudah holds that if she suffered Koshi in the eighth month, she is a Zavah; it is only in the ninth month that Koshi renders her Tehorah.

(b) If she was Makshah two days in the eighth month, she is Temei'ah, even if she then gave birth at the beginning of the ninth month, she is a Yoledes be'Zov (in which case, the Koshi has not even gained her one day). Whereas if she saw only *one* day at the end of the eighth month, and two at the beginning of the ninth, then she will be Tehorah, even if she gave birth at the on the last day of the ninth month (in which case, the Koshi has gained her more than a month.

(c) If the seed began to germinate immediately, she will give birth on the 271st. day (nine months, each consisting of thirty days, with the birth on the following day).
Sometimes, the seed begins to germinate only on the second day, in which case the baby will be born one day later, on the 272nd. day. It is also possible for the seed to begin germinating on the third day, and the baby will then be born on the 273rd. day.
From the fourth day and onwards, the seed will no longer germinate.

(a) According to Rebbi Yehudah, a ninth month baby can be born even at the beginning of the ninth month - it does not require the full month. In other words, it can be born somewhere between 240 and 270 days, an obvious clash with Shmuel, in whose opinion a baby cannot be born before 270 days (nine full months)?

(b) Shmuel holds like the early Chasidim, who used to abstain from Tashmish from Wednesday till Friday, in order to ensure that the baby should not be born on Shabbos, which would create the need to break Shabbos.

(c)&(d) At the birth of Shmuel (ha'Navi) the Pasuk writes "va'Yehi li'Tekufos ha'Yamim"; "Tekufos" is two periods of three months each, and "Yamim" means two days, because the minimum of plural is two (following the principle "Tafasta Merubeh Lo Tafasta, Tafasta Mu'at Tafasta" - every larger amount includes the smaller amount).




(a) Rebbi Yossi and Rebbi Shimon learn from '"ve'Tam'ah *Shevu'ayim* ke'Nidasah": 'ke'Nidasah" - ve'Lo ke'Zivasah'; and which Shiur? "Shevu'ayim", two weeks.

(b) A woman could see 2 days at the end of Zivus, the 7 days of Nidus, 2 days after Nidus, 14 days of Koshi, according to Rebbi Yossi and Rebbi Shimon. More than 14 days of Koshi are considered Tamei according to this opinion, and if one were to add one day before the fourteen days of Koshi, she would be a Zavah Gedolah.

(c) If their is no baby, there is no Koshi, and she will be Temei'ah after *three* days, not twenty six.

(d) Rava argues that if the Beraisa writes that there is *no* baby, how can one change it to 'there *is* a baby'? True, Beraisos are sometimes misquoted, but not to the extent that a 'yes' becomes a 'no'.
Rava therefore amends the Beraisa to read that 'there can be no Koshi of twenty-six days where there is a baby, and, where there is no baby, then even after three sightings, she will be a Zavah.

(a) It is possible for a woman to be Makshah Leileid either if she conceived during the days of Tohar of a girl, or if one of two twins remained in the womb from the seventh to the ninth month - as in the case of Yehudah and Chizkiyah.

(b) The Rabbanan learn that if before birth, when we are strict by the blood of Shofi (relief from pain), yet we are lenient by the blood of Koshi; so after birth, when we are lenient by Shofi, we should certainly be lenient by Koshi.

(c) Rebbi Eliezer argues that that Kal va'Chomer is fine with regard to Koshi of the days of Zivus, but how can the Rabbanan apply the Kal va'Chomer even to the days of Nidus too (Rebbi Eliezer himself does not hold of the Kal va'Chomer at all - even in the days of Zivus, as we shall at the end of the Sugya, but he is saying to the Chachamim that they should at least agree with him in the days of Nidus)

(a) At first, the Rabbanan learnt the Kal va'Chomer - Koshi from Shofi; If Shofi, which before the birth is Tamei, is Tahor after the birth, then Koshi, which is Tahor before the birth, should certainly be Tahor after the birth. However, in that case, Rebbi Eliezer's Kashya of 'Dayo' is blatant, since, when all's said and done, we are learning Koshi from Koshi - including Nidus as well as Zivus; so even the Rabbanan will have to admit that we can only learn from the Koshi of *Zivus*, which is Tahor before the birth, but not from that of *Nidus*, which is Tamei even before the birth. In the second version, however, the 'Dayo' is not quite as blatant, since we are not learning Koshi from Koshi, but the corollary of Koshi to Shofi after the birth from that of before the birth. And since Shofi after birth is Tahor even in the days of Nidus (and our main Limud is from Shofi), they discount 'Dayo' in this case.

(b) Nevertheless, Rebbi Eliezer still contends with ', Dayo', because, in his opinion, if 'Dayo' is applicable to any part of the Kal va'Chomer that is being learnt (even if it is only regarding a secondary part), then it is applied.

(a) Just like we learn from "Damah", that a woman only becomes a Zavah if the blood flows from her naturally, but not if it flows because of the baby, so too, should we learn from the Pasuk "ve'Taharah mi'Mekor Dameha", that Dam Tohar is confined to blood that flows from her naturally, but not because of the baby.

(b) Rebbi Eliezer maintains that all blood that she sees after birth is Tamei (if it is not the natural blood of Yemei Tohar), both the blood of Zivus and that of Nidus, because the Torah writes "Teishev" - from which Rebbi Eliezer learns not to differentiate between the blood of Nidus and that of Zivus. Consequently, since she is Temei'ah during the days of Nidus, she is also Temei'ah during the days of Zivus.

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