Question:
With the Heter of a Rav I am having an IUD inserted, and the only available date for me to do it is smack in the middle of my Shiva Nekiyim? I am not nursing but am within two years after birth. I would like to know if the insertion of the IUD will make me need to restart Shiva Nekiyim, with a new Hefsek Taharah, which may take many days to accomplish due to the bleeding injury caused as a result of the insertion. Or, does the insertion of the IUD not affect my Shiva Nekiyim count, and if so how then am I to do Bedikos, if for certain I will be seeing blood due to the injury? To note that the delaying of Mikveh in my scenario will cause a lot of Shalom Bayis issues, as I discussed with you over the phone.
Answer:
While this matter is disputed amongst Poskim and Rabbanim [with some taking the lenient approach that the insertion of an IUD does not turn a woman into a Nida, and others taking the stringent approach that it does, and so is the widespread ruling amongst the Ashkenazi Chareidi Batei Hora’as here in Eretz Yisrael, and so is my accustomed ruling], practically, in my opinion in your case scenario you may be lenient to not restart the Shiva Nekiyim and you are likewise not to do any more Bedikos with exception to one Bedika on any one of the middle days, and another Bedika on the seventh day. If you cannot get clean Bedikas then you need to go to a Bodekes on the seventh day for her to try to achieve one, and verify if the blood is due to injury or coming from the womb. If you pass seven days without getting a clean Bedika, you need to restart your seven day count.
Explanation: There is a Talmudic rule of Ein Pesichas Harechem Beli Dam which means that whenever the womb is opened blood is always consequently expelled, which would be a woman a Nidda. Now, there is a debate amongst the Poskim as to whether this rule only applies when something is expelled from the womb and travels through the cervix, or even if something penetrates the womb through the cervix from the outside. Based on this debate there is a debate as to the status of a medical internal examination and as to whether it makes a woman a Nidda if the instrument used penetrates the cervix. Now, although practically we rule like the latter opinion which is stringent, even according to the stringent approach, we only apply the rule by instrument with a large circumference however an instrument that has a very thin circumference does not cause the womb to release blood when penetrated through the cervix. However, there is no consensus amongst the Poskim as to the this definition of thin. We find opinions ranging from a 2 mm circumference, which is tiny, to a circumference of 2 cm, which is very large. Now, in general the widespread custom of ruling in many Batei Hora’s is to be stringent from 2mm and above, and so is my personal Kaballah of ruling. Other Rabbanim however are lenient up until 13 mm, 15 mm, and even 19 mm. Now, the IUD is about 3mm circumference, and hence falls under the above debate. However, there is an additional debate regarding a Mesulekes Bedamim and if we apply the rule of Ein Pesichas Harechem Beli Dam even to her, and practically, one may be lenient in a time of need, such as our case, especially being that according to most Poskim it is too thin to deem one a Nidda. Now, although some rule that in today’s times when a woman sees her period after nursing then she is no longer a Mesulekes Bedamim, practically, one may be lenient based on all the above.
Sources: See regarding IUD insertion and if makes her a Nidda: Minchas Yitzchak 6:87; Tzitz Eliezer 10:25-10; 11:63; Nitei Gavriel 80:16-18; Lenient: Encyclopedia Talmudit Refuit Nidda 81 [not a Nidda]; Sefer Machon Puah 3 Menias Hirayon 78; Stringent: Piskeiy Teshuvos [custom to be stringent and that so is ruling of Batei Horah Ashkenazim, as rules Rav Wozner]; Chut Shani Kitzur Halachos 1:3; Shevivei Tahrah 4:6; See regarding the general rule of Ein Pesichas Harechem Beli Dam: Admur Y.D. 188:8; Michaber 188:3; Nidda 21a; 66a; Nodah Beyehuda Tinyana 120; Chasam Sofer 179; Shiyarei Taharah 194; Kinas Sofrim 73; Beis Shlomo 39; Kreisi Upleisi; Avnei Nezer 224; Taharah Kehalacha chapter 7:2-7 footnote 12; Nitei Gavriel 80:8-9; Family Purity page 16; Poskim who rule that she does not become a Nidah if the instrument has entered her womb irrelevant of size: Tiferes Lemoshe 188; Shoel Umeishiv 2:40; Eimek Hasheila 31; Maharshag 2:196; Poskim who rule that if the instrument enters her womb then she is a Nidah even if no blood is found in a later bedikah: Admur Y.D. 188:8; Nodah Beyehuda Tinyana 120; Teshuvah Meahavah 1:116; Chasam Sofer 179; Shiyarei Taharah 194; Kinas Sofrim 73; Beis Shlomo 39; Kreisi Upleisi; Avnei Nezer 224; Poskim who rule that by a thin item no blood is released and not Nidda: Admur Y.D. 188:8; Beis Yosef 188; Shaareiy Deah 149; Rosh Kapuka: Biur Hagr”a from Mishneh Ohalos 7:4 Sidrei Tahrah 194:25; Tiferes Tzevi 188:9; Etzba [18-19 mm]: Chesed Leavraham Teumim Tinyana 46; Daas Torah 188:12; Emek Sheila 31; Maharsham 3:145 [2 Etzbaos-40 mm] 4:146; Peri Deiah 188:12; Imrei Yosher 44; Divrei Malkiel 2:56-13; 3:61; Beir Moshe 23; Igros Moshe O.C. 3:100 and Y.D. 1:89; Divrei Moshe 53; Badei Hashulchan 194:31-55 [15 mm]; Nishmas Avraham 195:55; Nitei Gavriel ibid [18 mm, although some measure 13 and some 15]; Taharah Kehalacha chapter 7:4 footnote 15 [may be lenient especially if Mesulekes Bedamim] Encyclopedia Talmudit Refuit Nidda 66; Custom to be stringent by all cervix penetrations irrelevant of size of instrument: Mishnas Yaakov 3:99 [2.5 mm]; Shiureiy Sheivet Halevi 188:100; Poskim who rule that if she is Mesulekes Bedamim [pregnant or nursing] then she is not a Nidah: Shaareiy Deah 149; Mishpitei Uziel 2:27; Taharah Kehalacha chapter 7:4 footnote 12 and 16 [says may for certain be lenient if instrument less than Etzba] Poskim who rule that she is a Nidda even if she is Mesulekes Bedamim [pregnant or nursing]: Nodah Beyehuda Tinyana 120; Minchas Shlomo 2:73-2; See regarding geder of Mesulekes Bedamim: Michaber 189:33
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