דף 15

Perhaps you say in accordance with the opinion of Rabbi Akiva, that the woman transmits impurity to the man with whom she engaged in intercourse, just as she retroactively transmits impurity to any pure items she touched in the preceding twenty-four-hour period? The Sages of Usha said to Rabbi Eliezer, son of Rabbi Tzadok: We have not heard this opinion of Rabbi Akiva, i.e., we do not accept it as halakha, and therefore we would like to know what this period of: After time passed, is.

Rabbi Eliezer, son of Rabbi Tzadok, said to them: This is how the Sages of Yavne explained it: As long as the woman did not wait before examining herself after intercourse for a period of time equivalent to the time in which she may descend from the bed and rinse her face, this is considered within the period of time referred to in the mishna as: After time passed. And if blood is found on the cloth she used to examine herself during this period, they are both impure for seven days due to uncertainty, and they are exempt from bringing a sin offering, as this offering is brought only for an unwitting sin that was definitely committed. But they are each obligated to bring a provisional guilt offering.

If she waited before examining herself after intercourse for a period of time equivalent to the time in which she may descend from the bed and rinse her face, this is considered: After time, i.e., after the time frame referred to in the mishna as: After time passed.

In this case, and likewise in a case when she waited for a twenty-four-hour period or from examination to examination, i.e., she examined herself before intercourse and was pure, and then examined herself within twenty-four hours after intercourse and was impure, the man with whom she engaged in intercourse becomes impure until evening due to contact with a menstruating woman, but he does not become impure for seven days as one who engaged in intercourse with a menstruating woman. Rabbi Akiva says: He even becomes impure for seven days as one who engaged in intercourse with a menstruating woman. Rabbi Yehuda, son of Rabban Yoḥanan ben Zakkai, says: In such a case, not only is her husband not impure for seven days, but he is not even deemed impure until evening by rabbinic law. Therefore, if he is a priest he may enter the Sanctuary and burn incense.

The Gemara explains the difficulty with Rav Ashi’s interpretation of the mishna according to this baraita: Granted, according to the opinion of Rav Ḥisda, who maintains that the period of: After time passed, during which if the woman found blood on her cloth the man with whom she engaged in intercourse is rendered impure for seven days, is equivalent to the time it takes for her to extend her hand and examine herself, this is the reason that the Rabbis deem him pure if she discovered blood after this period has passed.

But according to the opinion of Rav Ashi, who holds that if she has a cloth in her hand then she renders the man with whom she engaged in intercourse impure if she discovers blood within the amount of time it takes for her to descend from the bed and rinse or clean her pubic area with the cloth she is holding in her hand, why do the Rabbis deem him pure if the amount of time that has passed is the time it takes for her to descend and clean her pubic area? She should still render him impure during that time span.

And if you would say that the baraita is dealing with a case where the cloth is not in her hand, and for this reason the time period that it is referring to is after the amount of time it would take for the woman to extend her hand and examine herself, this cannot be the case, as if so, the tanna of the baraita should have taught two cases: A cloth is in her hand, and: A cloth is not in her hand, to differentiate between the situations. The Gemara concludes: Indeed, this baraita poses a difficulty to the opinion of Rav Ashi.

§ The baraita teaches that Rabbi Yehuda, son of Rabban Yoḥanan ben Zakkai, says: If the examination took place following this period called: After time passed, her husband is not ritually impure at all, and therefore if he is a priest he may enter the Sanctuary and burn incense. The Gemara asks: And let him derive that the husband is impure because he is one who touched a menstruating woman during the twenty-four-hour period before she discovered blood, as the Sages decreed that pure items touched by a menstruating woman in the twenty-four hours before she noticed the bleeding are impure retroactively.

The Gemara answers that Rabbi Yehuda, son of Rabban Yoḥanan ben Zakkai, who said the ruling, holds like Shammai, who said in a mishna (2a): For all women, their time is sufficient, i.e., women who discern the emergence of menstrual blood do not need to be concerned that the flow of blood began before they noticed it, and they assume ritual impurity status only from that moment.

The Gemara raises another difficulty with the opinion of Rabbi Yehuda, son of Rabban Yoḥanan ben Zakkai: And let him derive that the husband is impure because he is one who experienced a seminal emission. The Gemara answers that he is referring to a case where the husband did not complete his act of intercourse.

§ The mishna states: And the Rabbis concede to Rabbi Akiva in the case of a woman who sees a blood stain, that she transmits seven-day impurity to the man with whom she engaged in intercourse. The Gemara cites a dispute of amora’im in this regard. Rav says that she renders the man with whom she engaged in intercourse impure retroactively, and this is in accordance with the opinion of Rabbi Meir, who maintains that a woman who sees a blood stain renders pure items impure retroactively (see 5a).

And Shmuel says that she does not render him impure retroactively, but only if he engages in intercourse with her from now and onward, i.e., after she sees the blood stain, and this is in accordance with the opinion of the Rabbis, who hold that a woman who sees a blood stain renders pure items impure only from that moment onward. The Gemara raises a difficulty with the opinion of Shmuel: Why does the mishna find it necessary to state that she renders him impure from now and onward? Isn’t it obvious?

The Gemara explains that it was necessary for the mishna to state this ruling, lest you say: Since the woman’s retroactive impurity for a twenty-four-hour period is a decree that applies by rabbinic law, and the impurity of blood stains also applies by rabbinic law, one might claim as follows: Just as her retroactive impurity of a twenty-four-hour period does not render impure the man with whom she engaged in intercourse, so too, her blood stains should not render impure the man with whom she engaged in intercourse. Therefore, the mishna teaches us that she does render him impure from that point onward.

The Gemara asks: But perhaps one can say that indeed, she does not transmit impurity to him? The Gemara explains that there is a difference between the two types of rabbinic impurity: There, with regard to retroactive impurity, it is not a case of: The slaughtered ox is before you, i.e., the evidence of impurity did not exist at the time, as she had yet to experience menstruation. Therefore, the Sages did not apply the stringency of retroactive impurity to the husband. By contrast, here, with regard to the impurity of blood stains, it is a case of: The slaughtered ox is before you, as blood has appeared on the cloth.

The Gemara notes: And Reish Lakish similarly says, like Rav, that the woman transmits impurity to the man with whom she engaged in intercourse retroactively, and this is in accordance with the opinion of Rabbi Meir. But Rabbi Yoḥanan says, like Shmuel: She renders him impure from now and onward, i.e., after she sees the blood stain, and this is in accordance with the opinion of the Rabbis.

MISHNA: All women have the presumptive status of purity for their husbands, and therefore one is not required to ascertain whether his wife is ritually pure before engaging in intercourse with her. Even with regard to husbands returning from a journey, if their wives were ritually pure when they left, their wives have the presumptive status of purity for them.

GEMARA: Why does the tanna of the mishna need to teach the halakha of husbands returning from a journey? In what manner are they different from other husbands? The Gemara explains that it might enter your mind to say: This statement, that women have the presumptive status of purity, applies only in a case where the husband is in the city of his residence, as the woman takes upon herself the responsibility of being ready for her husband at all times, and therefore she examines herself. But in a case where the husband is not in the city, since she does not take upon herself the responsibility of being constantly ready for him, perhaps she should not have the presumptive status of purity. Therefore, the tanna of the mishna teaches us that even in this case she has a presumptive status of purity.

The Gemara notes that in this regard, Reish Lakish says in the name of Rabbi Yehuda Nesia: And this halakha that the wife of a husband returning from a journey has a presumptive status of purity is applicable only in a case where the husband came and found that his wife was within the days of her projected period, i.e., within thirty days of her previous menstruation. In this case he may assume that she has not yet experienced a new period, and therefore he may rely on her presumptive status of purity. But if he arrived after thirty days had elapsed from her previous menstruation, it is assumed that she experienced menstruation at the usual time and therefore it is not permitted for him to engage in intercourse with her unless she examined herself and found herself pure.

§ With regard to the presumptive status of purity of wives, Rav Huna says: The Sages taught this halakha only in the case of a woman who does not have a fixed menstrual cycle. But with regard to a woman who does have a fixed menstrual cycle, it is prohibited for her husband to engage in intercourse with her.

The Gemara asks: Isn’t it the opposite? On the contrary; the reverse claim stands to reason: If the wife does not have a fixed cycle, one can say that perhaps she saw blood, and therefore she should be forbidden to him; whereas if she has a fixed cycle, since her cycle is fixed for her she knows when she will become impure and is presumed to be pure beforehand.

Rather, if Rav Huna’s differentiation was stated, it was stated like this: Rav Huna says: The Sages taught this halakha only in a case when the projected time of the woman’s period had not arrived before her husband returned from his journey. But if the projected time of her period had arrived, she is forbidden to him. Rav Huna maintains that the concern for impurity of women at the projected time of their periods applies by Torah law, as this is a halakha transmitted to Moses from Sinai. If a woman did not examine herself at this time she is presumed to have experienced bleeding, even if she did not sense the emission of blood, though there is no formal obligation to examine herself at this time. Accordingly, a husband returning home from a journey cannot rely on the assumption that his wife has examined herself at the projected time of her period, unless he positively establishes that she has done so.

By contrast, Rabba bar bar Ḥana says: Even if the projected time of her period had arrived, she is permitted to her husband. Rabba bar bar Ḥana maintains that the concern for impurity of women at the projected time of their periods applies by rabbinic law, and therefore she is not considered to have experienced bleeding, though by rabbinic law she must still examine herself to ascertain that she is pure.

Rav Ashi teaches the opinions of Rav Huna and Rabba bar bar Ḥana like this: Rav Huna says: