Chapter 4: The birth[1]

Sayings of Chazal on birth The scream of a woman giving birth:[2] The sound of women giving birth is one of the three sounds which travel from one end of the world to the other end. Pain in birth: The Talmud[3] states that when women sits to give birth she swears to not be intimate any longer with her husband [due to the great pain involved in  birth].   Painless birth:[4] Those women who do not have any pain giving birth, are part of the group of righteous women who were not included in the punishment of Chavah.

1. Inducing labor:[5]

In general, the opinion of the Gedolei Haposkim, including the Rebbe[6], is that one should not induce labor unless there are mitigating circumstances requiring or encouraging it to be done.[7] However, if there is no pressing medical reasons, then it should be avoided and she should give birth at the time that G-d has deemed right. This restriction applies especially if doing so will cause Shabbos desecration.[8]

Example of mitigating cases:[9] Some mitigating reasons may include: Needing a specific midwife or doctor for a complicated birth who will not be around at a later date; lack of available Dr. at a later time; she is already in her 10th month and the doctors medical opinion is that the birth should take place now. Certainly, it may be done if continuing the pregnancy can be deemed dangerous for the mother or fetus.

Inducing labor through natural methods [i.e. massage, walking, intimacy]:[10] It is permitted to induce labor using natural ways, such as through having intimacy, or massaging certain parts of the body [i.e. nipple stimulation], or through walking up and down stairs or walking a long distance. However, one is not to do so close to, or on Shabbos, in order to avoid giving birth on Shabbos and causing unnecessary Shabbos desecration.

Speeding up the labor once the labor has already begun: Once the woman has entered into active labor, it is permitted to perform actions or take medication in order to speed up the labor process. This may certainly be performed once she enters the stage of labor for which one may desecrate Shabbos on her behalf, and may do so even on Shabbos itself.

Stripping:[11] Stripping should not be done in order to induce labor, especially if doing so can cause the birth to take place on Shabbos, unless there are mitigating circumstances, or she is already in the middle of labor, as stated above.

Amniotomy-Breaking the waters: Breaking the waters [i.e. amniotomy] should not be done in order to induce labor, especially if doing so can cause the birth to take place on Shabbos, unless there are mitigating circumstances, or she is already in the middle of labor, as stated above.

2. Delaying birth-May one take medication to delay labor and giving birth:[12]

In general, one should not delay birth and hence once labor has begun, one should not take medication to push off the labor. This applies, even if the birth may take place on Shabbos, nonetheless one should not take medication in order to push the labor until after Shabbos.

3. Epidural and painkillers during birth:[13]

There is no Halachic or philosophical negation or discouragement against taking epidurals and painkillers during birth in Judaism, and a woman who chooses to do so may do so even initially.

4. Home birth:[14]

In today’s times, due to medical reasons which is Torah, women give birth in a hospital, rather than at home.[15] Nonetheless, this does not come to say that home births are forbidden, and this matter is dependent on the conditions of one’s city, and the rulings of the Rabbi of that city.[16]

Husband assisting:[17] In the event of an emergency homebirth, the husband is to do whatever is necessary to assist his wife in the birth even though she’s a Nida, including catching the baby as he comes out.

Shabbos:[18] Even in the event that there is a midwife available for a homebirth to be performed without desecrating Shabbos, one may [and at times should] call an ambulance to give birth in the hospital.[19] Certainly, a woman may choose to give birth at home rather than the hospital even on Shabbos, even if it may cause more Shabbos desecration, if that is where she feels more comfortable.[20]

The pros of a homebirth versus a hospital birth:[21]

1. Some woman feel more comfortable giving birth in their home setting.
2. She receives private and personal care from the midwife or doctor who is totally dedicated to her birth as opposed to a hospital where attention must be given to many other women giving birth simultaneously.
3. The possibility of infection from a virus or illness.
4. There is no possibility of the baby being accidentally switched.
5. On Shabbos, there is possibly less Shabbos desecration that will need to take place when giving birth at home.

The cons of a homebirth versus a hospital birth:[22]

1. It’s possible that the midwife will be unable to come for whatever reason.
2. There could be medical complications with the birth that cannot be foreseen [i.e. such as intensive bleeding, fetal distress, complications that require a C-section to be performed] and it will take time until she arrives to the hospital to get emergency care.
3. The hospital contains many more advanced medical equipment to assist with the birth.

 

5. Husbands presence in the birthing room during birth?[23]

A. Birthing room-When she is not fully clothed:

It is forbidden for the husband to be present in the birth room while she is pushing, or any time that she is not fully clothed once she has reached a Nida state.[24] Some Poskim[25] write that the husband is not to be present in the delivery room at all even if he turns his face around, and so is the implied position of the Rebbe.[26] However, other Poskim[27] rule that it is permitted to be present in the delivery room so long as one does not actually look at his wife while she’s uncovered. [Practically, notwithstanding the above debate, being stringent in this matter to not be at all present in the birthing room adds to the merits of the woman at the time of birth.[28] The Rebbe stated that it is contrary to the laws of modesty for the husband to be present in the birthing room, and doing so causes the wife to appear before her husband in a very un-elegant posture which can cause him to distance himself from her.[29]]

Time of Sakana-Wife is petrified of birthing alone:[30] In a time of great need if the wife is very scared and adamantly requests for her husband present for the birth for the sake of her calmness, and otherwise it can lead to danger[31], then he may remain in the birthing room with her, making sure not to look at any uncovered areas of her body. [However, he should do everything in his power to try to calm her fears so he does not have to be present once she is no longer properly covered, and explain to her the halachic issue with him being present and that on the contrary in the merit of them keeping this law of modesty, she will have an easy birth.]

Unexpected Home birth-Husband assisting:[32] In the event of an emergency homebirth, the husband is to do whatever is necessary to assist his wife in the birth even though she’s a Nida, including catching the baby as he comes out.

B. Contraction room-During contractions while fully clothed:

If she is still in the midst of contractions and has not yet begun pushing, then from the letter of the law, if she is fully clothed, there is no need for the husband to leave the room, even if she has already become a Nida.[33] However, some write that the husband should not even be in the contraction room at all even if she’s fully dressed [as she is often checked by the nurses which ends up revealing her skin].[34] Others conclude that if the woman has already changed into her birthing gown, then the husband should no longer be present, however, while she is still dressed in her normal clothing, he may be present.[35] Practically, so long as she is fully dressed without the close probability of her revealing her skin at any moment, then there is no issue with being in the contraction room nor the birthing room.[36]

 

May the husband be behind a curtain in the birthing room, during the birth? Yes, so long as he cannot see anything through it, and will not be tempted to open it to look.

 

6. A gentile midwife:[37]

One is not to have a Gentile midwife help a Jewish woman give birth, even if she is an expert, unless there are other Jewish women in the room, due to worry of danger [that she will kill the child]. However, one may have a Gentile midwife in the home of a Jew, if there are other Jews that are there or that will constantly enter and leave. [The Poskim[38], however, conclude that this only applied in previous times when there was no governmental oversight in the birth ward, however, today that the birth is performed under supervision in the hospital, one may have even a Gentile midwife.]

7. Wife of Kohen giving birth:[39]

A. Wife of Kohen giving birth in hospital:[40]

There is no problem with the wife of a Kohen giving birth in a hospital. Furthermore, she may remain in the hospital as long as necessary and there is no need to take her out as soon as possible.[41]

B. Husband who is a Kohen accompanying his wife in hospital:[42]

It is permitted for the husband of a woman to accompany her to the hospital even if he is a Kohen, if his wife desires him to be with her for the sake of helping her and calming her during her birth. Nonetheless, he should not roam around the hospital unnecessarily. [If one’s wife needs her husband to be by her side in order to calm her for the birth, then he may be by her side even if he knows for certain that there is a Jewish corpse in the vicinity. However, in such a case he must leave the hospital as soon as his wife no longer needs him.[43]]

9. Verifying the time of birth:[44]

If the birth is taking place close to nighttime, it is very important for the husband to look at his watch at the exact time that the birth takes place in order to ascertain the correct day for the circumcision, if the child to be born will be a boy.

10. Prayer, Tehillim, Repentance & resolutions for easy birth:

A. Praying on behalf of a woman in labor:[45]

When a woman is in labor, it is proper for whoever is aware to pray on her behalf so she have an easy birth, and that she and the child be healthy. Likewise, the woman herself is to pray to G-d for an easy birth.[46] She is to be told by the midwife to pray to G-d and repent for any sins.[47] [However, prayers should not be said when the Erva is revealed and seen.[48]]

How to pray on Shabbos:[49] Although it is forbidden for one to request physical needs on Shabbos, including the needs of a sick person, for him to become healthy[50], nevertheless, if the sick person is dangerously ill on Shabbos [and may pass away that day] then one may shout and supplicate on his behalf even on Shabbos, even as a congregation.[51] Accordingly, it is permitted for one to pray on behalf of a woman who is having difficulty in labor on Shabbos.[52]

B. Saying Tehillim:[53]

It is customary to recite the following psalms while one’s wife is in labor: 1, 2, 3, 4, 20, 21, 22, 23, 24, 33, 47, 72, 86, 90, 91, 92, 93, 104, 112, and 113 to the end.

Kapitel 20:[54] It is customary to recite Psalm 20 during labor as a request of mercy for an easy birth. This Psalm contains nine verses corresponding to the nine months of pregnancy, and 70 words corresponding to the 70 contractions that every woman must experience during birth. It is a known Segula to recite this Kappitel 12 times, both the husband and wife.[55]

Kapitel 100:[56] Reciting Psalm 100 during labor is a Segula for an easy birth, as the word Lesoda can be rephrased as Letolda [i.e. birth].

Kapittel 119:[57] Reading Psalm 119 in accordance to the name of the Yoledes and of the letters “Kera Satan” is a Segula for an easy birth.

Saying Tehillim at night-May one recite Tehillim for a woman in labor at night?[58] Those who are accustomed to not recite Tehillim during nighttime[59], as is the Chabad custom[60], are likewise not to recite Tehillim even for a sick person, until midnight. However, if the matter is urgent for that moment, such as if a woman is in labor to give birth at that moment, which happens to be at night, then many Poskim[61] are lenient and indeed the widespread custom is to permit saying Tehillim at night in such a case.[62] Nonetheless, some Poskim[63] and communities are stringent even in such a case. There is no clear Chabad directive in this matter other than the general widespread custom to be lenient.

Shabbos:[64] It is permitted for one to pray on behalf of a woman who is having difficulty in labor on Shabbos. Thus, one may say Tehillim on her behalf.

C. Repenting for sins:[65]

During labor, the woman is to pray to G-d and repent for any of her sins. [This especially applies to sins relating to Nida, Shabbos, Hafrashas Challah.]

D. Good resolutions:[66]

It is a Segula a woman to accept upon herself a good resolution prior to birth relating to Torah and Mitzvos. The resolution should be accepted with saying Beli Neder.

E. Bringing up her sins:[67]

If a woman is having difficulty giving birth one is not to mention any sins that the woman may have transgressed [as doing so arouses divine prosecution against the individual].

11. Hanging the Shir Lamalos:[68]

It is an old Jewish custom to hang the Psalm of Shir Hamalos [Psalm 121, Shir Lamalos Esa Eiynaiy El Heharim] in the home of a woman who gave birth as a Segula of protection for the mother and her child.

When should it be hung? It is hung, both prior to the birth so she merit an easy birth, and after the birth for the sake of protection, and to merit a long and healthy life. This especially applies the first three days after birth in which a woman is in the state of danger.[69]

In the hospital:[70] In today’s times that most women give birth at a hospital rather than at home, it is to be hung in both the birthing room, and in the postnatal ward, and the baby room in which the baby will be kept after birth. It may be placed hanging on the wall, or on the bed. It should be placed immediately upon their arrival to these rooms. In addition to the reason of protection, it should be hung in the birthing room in order so the first thing the new baby sees is words of the holy Scripture.[71] Community activists should speak with the management in the hospital and receive permission for hanging the Shir Lamalos posters in the birthing rooms, explaining to them that doing so has ability to calm and relax the women during birth. This applies to both large and small hospitals.

The stroller:[72] For the above reason, the above Shir Lamalos, as well as other matters of holiness such as the Alef Beis, should be hung in the baby’s crib and stroller. Certainly, one should not place or hang pictures or figures of non-Kosher animals in the crib or stroller.

The divine names and design:[73] There are various customs associated with the above Shir Lamalos design and many communities are accustomed to add additional verses and names of G-d to the Psalm, similar to a Kemia, and practically each community should follow his custom.

Must the Psalm card be covered when in the birthing room or in a room where children are changed:[74]

One may not be naked in front of Torah books, or writings of scripture.[75] Accordingly, the Shir Hama’alos card is to be covered while in the birthing room. Likewise, it is to be covered in a room where babies are changed or walk around naked. [Seemingly, even a single covering suffices and it does not need to be put in a double covering.[76] However, being that sone women defecate during birth, it is best to be placed in a double covering.[77] Many Poskim[78] rule that it is to be covered by a non-transparent covering. However from some Poskim[79] it is implied that one may use a transparent covering even in such areas so the name of Hashem remains visible.[80] If the card is properly attached to the actual wall [with glue or a nail on top and bottom, as opposed to hanging from a nail], then one may suffice with a single non-transparent covering.[81] A plastic lamination however does not serve as even a single covering[82], however those who are lenient have upon whom to rely.[83]

May one leave a Shir Lama’alos card in a room where one will have marital intimacy?[84]

Hanging cards: Shir Lama’alos cards, which are typically hung in the room of a newborn, are permitted to remain in the room where one will have marital intimacy, provided that they are in a double covering. [The plastic lamination does not serve as a single covering, as explained in Halacha D, however those who are lenient have upon whom to rely. However, a glass frame does serve as a single cover, and taping a piece of paper over it can serve as a double covering.[85] If they do not contain a glass covering, then two sheets of paper are to be placed over them.] If one cannot place it in a double covering, then it is required to be removed from the room during intimacy, otherwise the intimacy is forbidden.

Attached to wall: If the card is properly attached to the actual wall [with glue or a nail on top and bottom, as opposed to hanging from a nail], then one may suffice with a single non-transparent covering.[86] [Hence, if one glued a Shir Lama’alos poster to the wall, it suffices to cover it with a single sheet of paper, even if it does not contain a laminated covering.] 

12. Segulos for easy birth:

A. Sefer Torah reading as Segula:[87]

If a Yoledes is having a difficult time giving birth, it is permitted for one to place a Torah scroll on her and read a few verses, if one believes that this Segula can be of help.[88] However, some Poskim[89] rule that this is considered a belittlement of the Torah scroll, and hence it may only be brought to the entrance of her room and not further.

 

B. Segula of Sefarim Raziel Hamalach and Noam Elimelech:[90]

It is a known Segula to place the Sefer Raziel Hamalach or Noam Elimelech or Or Chochmah in the birthing room for an easy first. It is customary to place the Sefer under the head of the woman giving birth. It is to be wrapped up and placed under the pillow.[91]

C. Immersing in a Mikveh:[92]

It is a Segula for an easy birth for the husband to immerse in a Mikveh that day.

13. Fasting on Yom Kippur during birth:[93]

A pregnant woman who has completed her 9th month [past week 37 from conception[94]] is not allowed to break her fast unless she has entered into active labor to the point she cannot walk, is on the birthing stool, or has broken her waters, just as is the law regarding transgressing Shabbos. When she reaches this point, she may eat regularly.[95] However, prior to reaching this state, she may not eat or drink even less than the Shiur, even if she feels contractions and is in the midst of labor[96], unless a doctor directs her to do so due to fear for her life or the life of the child.

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[1] See Encyclopedia Hilchatit Refuit Erech “Leida”

[2] Yuma 20b

[3] Shavuos 8a; Kerisus 26a; Nidda 31b

[4] Sota 12a; Shemos Raba 1:23

[5] See Rokeiach on Koheles 3:11  “God does everything in the proper time… Accordingly one should not induce labor for a woman to give birth early thus the child be borne by a bad Mazal”; Hakdamas Ravaad on Sefer Yetzira “birth is in the hands of God as He is the one who releases the pangs of birth. You must know that at the moment that a woman sits to give birth down here below that is when the soul above becomes complete. From there the child will receive all of his future tidings. Accordingly, you must know that those who write amulets to help induce labor early at times are killing two souls, and at times cause for the child to have bad occurrences and suffering to occur during his lifetime and God will avenge his blood”; Hakdamas Kesav Sofer on Torah; Igros Moshe 2 Y.D. 74; Taharas Habayis 2:54; Mishneh Halachos 9:184; Shevet Halevi Y.D. 6:128; Toras Hayoledes Chapter 1; Nitei Gavriel Nidda 3 62:8 and 11; Nitei Gavriel Nidda 2 106:21; Nishmas Avraham Y.D. 194:13; Igros Kodesh 28:46; Kefar Chabad Volume 733; Shulchan Menachem 6:8 [p. 33]; Encyclopedia Hilchatit Refuit Leida p. 271; See Hakdamas Haraavad on Sefer Yetzira p. 8

[6] Igros Kodesh 28:46 “It is understood that it is proper to finish the days of the pregnancy and not to induce labor prior to its time.” Kefar Chabad Volume 733 “why mix into the timetable that God has set for the child to be born. It is better for the birth to be natural and for the child to be born at the right time.”

[7] The reason: As even if birth will not take place on Shabbos as a result of the induction, one should not change the timetable that God has for the child to be born, as doing so can affect the child both physically and spiritually. [See Rokeiach ibid; Raavad ibid]

[8] See Toras Hayoledes 1:2; Nitei Gavriel 61:14

[9] Toras Hayoledes 1:3; Encyclopedia Hilchatit Refuit ibid

[10] Toras Hayoledes 1 footnote 5

[11] Toras Hayoledes 1:4

[12] Toras Hayoledes 1 footnote 5

[13] See Eiruvin 100b; Haemek Davar on Bereishis 3:16; Rashi Mishlei 10:24, 14:23, Tehillim 127:2; Encyclopedia Hilchatit Refuit Leida p. 229

[14] Sefer Hasichos 5747 2:37 “In previous generations women would give birth in their homes with the help of a midwife, however, in today’s times due to medical reasons women give birth in a medical facility. Accordingly, this is a directive of Torah which states that a doctor is to heal and the doctors are given permission to heal”

[15] The statistics: Over 98.5% of births in the United States take place in a hospital setting. Nonetheless, throughout the years homebirths have rose considerably. A similar rate can be found in almost all own countries throughout the world, including Europe, in which 1% or less of all births take place at home, with exception to the Netherlands in which the number is much higher at about 16% of all births. In Israel, less than half a percent of all births take place at home, with only between 300 to 700 births taking place at home annually. To note, that a large percentage of these homebirths are not planned but due to lack of choice. [https://www.ncbi.nlm.nih.gov]

[16] Otzer Hamelech p. 210 [in response to Rav Levi Bistritzky, brought below in detail] “In New York, many women give birth inside their homes with agreement of the rabbis. Seemingly the conditions of this matter are different in your city, and it is obvious that only one who lives in the city can make a judgment for that city”; Shulchan Menachem 6:8 [p. 33]; Ketzos Hashulchan 140 footnote 1 ruled that one may not desecrate Shabbos for the sake of giving birth in the hospital unless the doctors say that the specific woman needs special medical supervision for her birth; See Toras Hayoledes 7 footnote 1 who does not give any ruling on the subject and simply lists the pros and cons.

The Rebbe’s response to Rav Levi Bistritzky: Rav Levi Bistritzky OBM, who was the chief rabbi of the Chabad community in Tzefas, had issued a ruling which prohibits homebirth’s and requires mothers to give birth in a hospital. This ruling was the result of a growing trend amongst some members of his community to give birth at home, and in certain cases doing so ended up compromising the health of the baby or mother. His ruling faced opposition from members of the community including from some of the leading Shluchim of the Rebbe to the city of Tzefas, who opposed it both ideologically, and under the claim that the Rebbe himself had given his blessings to many individual women to give birth at home. As a result, Rav Levi Bistritzky wrote to the Rebbe regarding whether the rumors are true and as to if true and as to whether he should retract his previous ruling. The Rebbe’s response to Rav Levi Bistritzky is not less than fascinating, and reveals the proper Torah attitude and attitude of the Rebbe towards a Mara Diasra of the community, and how he’s to give his rulings. In his response, the Rebbe makes the following points: 1) A rabbi must rule in accordance to the code of Jewish law, and not based on letters, including even letters of the Rebbe, as any letter that is contrary to Jewish law is considered null and void. 2) Prior to giving a controversial ruling a Rabbi should build a coalition with other rabbis prior to publicizing his ruling. 3) In a generation such as ours in which many people don’t always listen to the rulings of rabbis, Rabbis are to beware to the utmost from publicizing new decrees and prohibitions that are not based on explicit rulings in the code of Jewish law. This especially applies when the reason behind the prohibition is not revealed to the public. This especially applies when rabbis in other communities rule that the matter is permitted, and other communities are accustomed to being lenient. 4) The above matter is only within the jurisdiction of officiating Poskim, and community leaders are not to mix themselves into the decision-making even if they have rabbinical ordination. 5) It is obvious that when I write a private response to an individual [that his wife may give birth at home] it is meant for him and solely for him based on their personal and private situation, and is not to be taken as a public directive or allowance. 6) It is well known that I do not intervene regarding controversy that surrounds the rulings of rabbis in Israel, and it is the job of the local rabbis in Israel to hear and arbitrate regarding the matters. 7) In New York, many women give birth inside their homes with agreement of the rabbis. Seemingly the conditions of this matter are different in your city, and it is obvious that only one who lives in the city can make a judgment for that city. [See Menachem Meishiv Nafshi 1:83]

[17] Toras Hayoledes 6:4

[18] See Toras Hayoledes Chapter 7

[19] The reason: Being that in today’s times hospitals are more medically equipped for births and the various possible complications associated with birth, than is a home birth with the assistance of a midwife. Likewise, many more Shabbos desecrations may need to take place by a homebirth verses in a hospital [Toras Hayoeldes ibid] However, in previous times where there was no advantage of giving birth in a hospital versus at home with a midwife, then some Poskim ruled that one may not desecrate Shabbos for the sake of giving birth in the hospital unless the doctors say that the specific woman needs special medical supervision for her birth. [Ketzos Hashulchan 140 footnote 1]

[20] See Toras Hayoledes 7 footnote 1

[21] Toras Hayoledes 7 footnote 1

[22] Toras Hayoledes 7 footnote 1

[23] See Michaber Y.D. 195:7 “One may not look even at her heel and [certainly] not in her normally covered areas”; Rebbe in Teshuvos Ubiurim p. 445, brought in Shulchan Menachem 6:8 [p. 34] and Shaareiy Halacha Uminhag 4:39, “It is obvious that the rabbi gave the correct ruling that the husband should not be present in the birthing room, and it is a wonderment that there is even a question on this matter”; Heichal Menachem 2:52 “It is contrary to the rules of modesty. If one always needs merits for birth then all the more so during the actual time of birth, and certainly should not add in the opposite and regarding this later point we must make much publication. Do you not already know that there is a ruling that has been printed from Rabbi Feinstein on this”; Hisvadyus 19^th Kisleiv 5747 “One should not permit the strange custom of allowing the husband or any other man, except the doctor, to be present in the birthing room during birth. This is contrary to Shulchan Aruch and something that is contrary to the Shulchan Aruch cannot be good.”; Hiskashrus 440 and 475 p. 16-17; Taharah Kehalacha 11:5 footnote 10; 14 footnote 45; Minchas Yitzchak 5:27; 8:30-2“Regarding if it is permitted for the husband to be present in the room during the birth if he does not look at her private area. When I was asked this question by representatives of the Shaareiy Tzedek hospital, I responded to them that it is forbidden unless there is worry of danger if the husband is not present as I know that if we were to permit this then this would lead to a stumbling block”; Igros Moshe 2:75 “If the husband is able to be there in order to supervise the birth and strengthen her, if there’s a need to be there I see no prohibition and even without a need to be there I see no prohibition, although it is forbidden to look when the baby comes out as it is forbidden to look at the normally covered parts of A Nidda. However, if he is careful not to look then there is no prohibition”; Beir Moshe 4:125; Shiureiy Sheivet Halevi 195:7-3; Beshaa Tova 150; Nishmas Avraham 195:3; Darkei Taharha 111;  Suga Beshoshanim p. 425; Taharas Habayis 166 [Rav Ovadia]; Taharah Kehalacha 11 footnote 10; 14 footnote 45; Shevach Habris 2:5; Toras Hayoledes chapter 32; Encyclopedia Hilchatit Refuit Leida p. 265; Toras Hayoledes 32

[24] See Michaber ibid

[25] Minchas Yitzchak ibid; Beir Moshe ibid; Rav SZ”A in Nishmas Avraham Y.D. 195:3; Darkei Taharah p. 111; Shevach Habris ibid; Rav Moshe Halbershatm in Asia and Suga Beshoshanim ibid

[26] See previous footnotes for the quoted statements of the Rebbe on the subject, which all imply that he should not be present at all, even if he doesn’t look. To note, however, that this is contrary to the wording of the Igros Moshe ibid to whom the Rebbe references the asker to, who permits being present so long as he does not look. Vetzaruch Iyun!

[27] See Igros Moshe ibid “ If the husband is able to be there in order to supervise the birth and strengthen her, if there’s a need to be there I see no prohibition and even without a need to be there I see no prohibition, although it is forbidden to look when the baby comes out as it is forbidden to look at the normally covered parts of A Nidda. However, if he is careful not to look then there is no prohibition”; Taharas Habayis 166 [Rav Ovadia]; See also Sefer Hatoldos Rebbe Maharash p. 5 which states that the Tzemach Tzedek specifically walked into the birthing room of his wife and faced the wall throughout the entire birth; Beshah Tova Madrich Refui Hilchati Lihirayon Vileida p. 150

[28] Rebbe ibid in Heichal Menachem 2:52

[29] See Rebbe ibid in Heichal Menachem 2:52 who points to Nida 17a “Perhaps he will see a disgusting matter by her and she will become repulsive to him”; Rav SZ”A in Nishmas Avraham Y.D. 195:3; See Nida 17a; Michaber 240:11

[30] Minchas Yitzchak ibid; Rav SZ”A ibid; Toras Hayoledes ibid; Hiskashrus ibid in footnote; Koveitz Asia 5738 19 [article by Rav Henkin]

[31] See article by Rav Moshe Halbershtam who negates the more liberal ruling of Rav Henkin ibid which considers any level of fear and request by the wife for the husband to remain as a danger and rules that the husband is actually obligated to remain if his wife asks, and states that in truth wives usually only say this because it’s now accepted, however, if they were to know that this was never done in the past, and that it has a serious problem in Jewish law, then they would not make the request. He argues that you cannot equate a request and desire with actual danger, and only if the danger is actually evident they would be lenient.

[32] Toras Hayoledes 6:4

[33] Igros Moshe ibid; Toras Hayoledes chapter 32; See Hiskashrus ibid

[34] See the answer of the Rebbe in Heichal Menachem ibid and Hiskashrus 440 and footnote 1 which was to Nishei Ubenos Chabad who publicized a prohibition against the husband being present in the birthing room and even in the contraction room. From the answer, it could possibly be understood that the Rebbe agreed with this prohibition, although it is not clear as to the reason why; Shevach Habris 2:5; Rabbi Leibal Groner responded to us that according to the Rebbe, the husband should not be in the delivery room at all even if she’s fully dressed: “Regarding not being in the delivery room, the Rebbe stated under no condition should the husband be there.”

[35] Chosen Yeshuos p. 90; Shevach Habris 2:5 footnote 12

[36] See Toras Hayoledes chapter 32 footnote 1

[37] Michaber Y.D. 154:1; See Shach 154:1; Taz 154:1; Beis Yaakov 104; Pischeiy Teshuvah 154; Darkei Teshuvah 154:1; Sefer Shemiras Haguf Vihanefesh [Lerner] 143:1

[38] Toras Hayoledes 8 footnote 5; Sefer Shemiras Haguf Vihanefesh [Lerner] 143:4

[39] See Toras Hyaoledes 7:8-12

[40] Betzel Hachochma 3:102; Shevet Halevi 6:175; Encyclopedia Hilchatit Refuit p. 28-30; Nitei Gavriel 62:12; Toras Hayoeldes 60:1-3; See Even Yisrael 8:77 that deals with this question in regards to giving birth in a hospital that is not careful about Tumas Meis. He concludes there that ultrasounds are not 100% accurate, and that it is for the needs of a Yoledes who is in Sakana and hence she may choose to go to whatever hospital she wishes. Nevertheless, she is not initially to take an ultrasound and hence remove the Sfek Sfeka. This is all with regards to which hospital to give birth and does not relate to a pregnant woman entering a Beis Hakevaros if she knows the child is male. It is understood that in such a case there are more Poskim who rule stringently.

[41] The reason: As by a Kohen child who is below the age of understanding there is no obligation to separate him from impurity. [Admur 343:3 “So too if he is a Kohen, there is no obligation to remove him from a home that contains impurity unless he has reached the age of understanding if which case his father is commanded to take him out.”; M”A 343:2; M”B 343:3] However, see Toras Hayoledes ibid footnote 13

[42] Nitei Gavriel 56:23;

[43] See Toras Hayoledes 7:9 footnote 14

[44] Nitei Gavriel 62:11

[45] Sefer Chassidim 487; Shevach Habris 2:4; Nitei Gavriel 62:2, 6; Encyclopedia Hilchatit Refuit Leida p. 275

[46] Shevet Mussar 24; Mavor Yabok Mamarei Sifsei Tzedek 5; Orchos Rabbeinu 1 336:18

[47] Shevet Mussar 24

[48] Toras Hayoledes 31:6

[49] Admur 187:1; 188:8-9

[50] Admur 288:8 and 9

[51] Admur 288:9; Michaber 288:10; Shach Y.D. 335:10

[52] Admur 288:9; See M”A 288:14 and Machatzis Hashekel ibid; Rav Akiva Eiger 288:10; M”B 288:28 over; Maavor Yabok Mamar Sifsei Tzedek 1; Maharam Mintz 67; Nitei Gavriel 62:7

[53] Sefer Hatoldos Rebbe Mahrash that so instructed the Tzemach Tzedek to his sons when the Rebbe Maharash was born; Koveitz Minhagei Chabad Inyanei Hirayon p. 17; Shevach Habris 2:4

[54] Siddur Arizal; Avodas Hakodesh-Sansen Leyair [Chida]; Yosef Ometz 70; Zohar 3:249

[55] Nitei Gavriel 62:9

[56] Likkutei Eitzos Os Banim

[57] Sefer Zechira p. 68

[58] See Nitei Gavriel 52:10; Toras Hayoledes 31:4

[59] Chaim Sheal 25; Likkutei Maharich; Maharsham 1:158 in name of Zechor Leavraham and Yosef Ometz; Ben Ish Chaiy Pekudei 7; Rav Poalim 2:2; Kaf Hachaim 238:9;Yitzchak Yiranein 1

Other opinions: Some Poskim rule that one may read Tehillim at night. [See Kikar Laeden 5:7 [Chida], Mentioned in Igros Kodesh ibid; Ashel Avraham Butchach 238; Na’ah Lehodos on Tehillim 119 and Shemo Yitzchak; Divrei Yatziv Y.D. 136:2; Avnei Tzedek Y.D. 102; Kumi Runi p. 20; Meateh Tehila  see also Siddur Yaavetz; Levushei Mordechai Tinyana 186; Betzeil Hachochma 4:46; Pamei Yaakov 69:104 [Rav Ovadyah Yosef] in name of many Sefarim; Piskeiy Teshuvos 238 footnote 24]

[60] Sefer Haminhagim p. 41 [English]; Igros Kodesh 18:31 [printed in Shulchan Menachem 1:374]; Toras Menachem 48:122; Toras Menachem 1985 5:3103

[61] Vayechi Yaakov O.C. 9; Os Habris on Tehillim; Likkutei Maharich 1 Tikkun Chatzos; Meiy Yehuda Altman 22; Tzitz Eliezer 8:2; Beir Moshe 4:22; Pamei Yaakov 69:104 [Rav Ovadyah Yosef] in name of many Sefarim; Yabia Omer 6:30; Yalkut Yosef Bikur Cholim p. 57 in name of Chida in Avodas Hakodesh, Yaskil Avdi, Betzeil Hachochma 4:45

[62] This follows the ruling of the Ashel Avraham of Butchach ibid who states Tehillim may be recited at night being it is a prayer and not learning.

[63] Rav Poalim 2:2; Or Letziyon 2:46; Tehillim Igara Dehilula; Adir Bamarom 387; Zechor Leavraham 62; Tiferes Banim on Kitzur SHU”A 1:5; Sefer Zichron Beis Kelm p. 28; Yitzchak Yiranein 1; Nitei Gavriel ibid

[64] Admur 288:9; See M”A 288:14 and Machatzis Hashekel ibid; Rav Akiva Eiger 288:10; M”B 288:28 over; Maavor Yabok Mamar Sifsei Tzedek 1; Maharam Mintz 67; Nitei Gavriel 62:7; Toras Hayoledes 31:5

[65] Shevet Mussar 24; Nitei Gavriel 62:4

[66] Shevet Mussar 24; Nitei Gavriel 62:5

[67] Sefer Chassidim 486; Shemiras Hanefesh 127; Kaf Hachaim 116:175; Sefer Shemiras Haguf Vihanefesh [Lerner] 144:2

[68] Raziel Hamalach in end; Tishbi Lamed Erech Lilis; Avodas Hakodesh 6; Sefer Hasichos 5747 p. 146; Shulchan Menachem 6:9; Shevach Habris 2:1-3; Encyclopedia Hilchatit Refuit Leida p. 274; Nitei Gavriel 63:1 and many Poskim in footnote 1

[69] See Admur 330:4; Michaber 330:4; Rambam Shabbos 2:13; Shabbos 129a

[70] Sefer Hasichos 5747 p. 147

[71] Sefer Hasichos 5747 p. 146; Sichos Kodesh 5737 Sicha 7

[72] See Likkutei Sichos 25:309; Sichos Kodesh 5737 Sicha 7

[73] Sefer Hasichos 5747 p. 146

[74] Nitei Gavriel 63:3; See Sefer Hasichos 5747 p. 147 that one should ask a rabbi regarding if the poster must be placed within two vessels

[75] See Chesed Lealafim 40:2 and Kaf Hachaim 40:18 that the Shir Lamalos must be placed in a double covering in a room in which the couple will have marital relations, or do their needs. The following, however, is discussing being nude in front of the Shir Lamalos during birth, and not going to the bathroom or having marital relations

See regarding Tefillin in the presence of a nude person: It is forbidden to enter Tefillin in an area where there is a naked person present [with his or her Erva revealed].  [Admur 45:3; M”A 45:2; Rambam Yesodei Hatorah 6:6; Tefillin 4:23; Shabbos 120b; M”B 45:5; Afikei Maginim 75:14; See Piskeiy Teshuvos 45:2]

See regarding Sefarim in the presence of a nude person: (Therefore, one needs to be careful to cover one’s children in order so they are not naked in front of [Tefillin or] Torah books.) [Admur ibid in parentheses. Perhaps the reason for this is because this ruling is a novelty of Admur which is not sourced in other Poskim. Admur seemingly learned from the ruling in 275:13 [which he motions the reader to look in], which states that the custom is not to have naked children stand in front of the Shabbos candles due to it being belittling of the Mitzvah, that the same applies regarding them standing in front of Sefarim. [See Piskeiy Teshuvos 45 footnote 13]

See regarding a Mezuzah in the presence of a nude person: When placing a Mezuzah on the door of rooms in which women [or men  or even children ] at times are undressed, the Mezuzah is to be covered. [Shach 286:9; Taz 286:5; M”B 84:7; Regarding the general obligation of not being naked in front of Kisveiy Kodesh:Sefarim-See Admur 45:3; M”A 45:2; Shabbos 120b that one may not be naked if Hashem’s name is written on his skin as “it is forbidden to stand before Hashem naked”; Michaber Y.D. 281]  Many Poskim  rule that in such areas the Mezuzah is to be covered by a non-transparent covering. [Aruch Hashulchan 286:10; Ben Ish Chaiy 2 Ki Savo 15; Shulchan Melachim 162; Yad Hekatana Mezuzah 3:13] However from some Poskim  it is implied that one may [and should] use a transparent covering even in such areas so the name of Hashem remains visible. [Taz 286:5 “By placing a glass covering over the Mezuzah one nullifies the claim of some who refrain from placing Mezuzahs on rooms that women bathe in occasionally as through this [glass] the Mezuzah is covered even though it is visible”; Beir Heiytiv 286:8 in his summary of Taz “only in a room of marital relations is glass invalid”;]

Letter of law: Some Poskim rule that this is not required from the letter of the law. [So proves Mamar Mordechai 40:2; Aruch Hashulchan 286:15, see there!; Taz ibid: From the letter of the law it does not need to be covered as since the Mezuzah is above 10 Tefach from the ground it is considered as if it is in a different area. [See also Siddur Admur that Sefarim may be left on a table ten Tefach high in front of feces] These words of the Taz seemingly also apply to being naked in front of the Mezuzah. To note however that in 40:5 regarding marital relations Admur a) mentions forbidden and b) does not mention ten Tefach and c) In 45:3 rules it is forbidden to be naked in front of Kisveiy Kodesh.

[76] See Shut Tashbeitz 3:26, brought in Shaareiy Teshuvah 40:2 “Regarding feces and Ervah any covering suffices”; Piskeiy Teshuvos 45:2; See Admur 25:8; 43:7 and Siddur Admur [letter 20 Raskin] regarding covering in front of feces, and the same would seemingly apply here. Vetzaruch Iyun from the wording in Admur 45:3 which implies that even if it is covered it is forbidden.

[77] It is forbidden to defecate [or urinate ] in a room that contains Tefillin or Sefarim, even if the room is not designated for bathroom use. [Admur 315:3; Rama 315:1; M”A 315:3; Mordechai Shabbos 311 in name of Maharam] However if the Tefillin/Sefarim is behind a valid Mechitza, or is doubly covered, then it is permitted to do so. [Admur 315:4] Accordingly, it is forbidden to defecate [or urinate] in a room that contains Sefarim unless they are doubly covered. [Although indeed according to Admur in his Siddur, even a single covering or an elevation of ten Tefachim suffices, this only applies regarding having feces or Erva revealed in front of it, and not regarding using the bathroom in front of it, which requires two coverings. However, perhaps regarding urinating, even Admur would agree that one covering is enough. See Piskeiy Teshuvos 40:5 and footnote 38 who concludes so]

[78] See Aruch Hashulchan 286:10; Ben Ish Chaiy 2 Ki Savo 15; Shulchan Melachim 162; Yad Hekatana Mezuzah 3:13

Opinion of Admur: It is implied from Admur 40:5 that it is definitely forbidden to be naked in front of a Mezuzah, even if it is covered by glass, as Admur forbids marital relations being it is similar to Erva, and hence certainly he would forbid Ervah itself! Vetzaruch Iyun.

[79] Taz 286:5 “By placing a glass covering over the Mezuzah one nullifies the claim of some who refrain from placing Mezuzahs on rooms that women bathe in occasionally as through this [glass] the Mezuzah is covered even though it is visible”; Beir Heiytiv 286:8 in his summary of Taz “only in a room of marital relations is glass invalid”; However some of the above Poskim in previous footnote seem to not understand the Taz ibid to be referring to women who are at times naked in the room, and that in such a case in truth a non-transparent cover is required. So is implied from Aruch Hashulchan ibid and Shulchan Melachim ibid. Furthermore, the Mikdash Me’at 286:12 explains the statement in the Taz of “women bathe in occasionally” to refer to women who are not naked while they bathe. It is however clearly implied from the Taz ibid, as he writes in his conclusion, that only marital relations in a room requires a non-transparent cover, and not a mere undressed woman.

^[80] The reason: Although the Mezuzah will still remain visible through its case, nevertheless the Torah was only stringent that the Mezuzah be covered, and covered it is. This is similar to the law regarding covering excrement before praying. [Taz ibid] Now, although by Davening in front of the Ervah we rule that being covered does not suffice and it must also not be visible [see Admur 75:8-9] nevertheless perhaps the Taz holds that this only applies regarding Davening, while regarding simply being naked in front of Kisveiy Kodesh it is allowed. See also P”M 75 in Hakdama, and 74 A”A 1 and Kaf Hachaim 75:38 and Chazon Ish 16:7 [brought in Piskeiy Teshuvos 75:15] that Min Hatorah a glass covering is valid for Erva, and it is only due to Hirhur that we prohibit by  a man. Thus this is a clear reason to say that regarding Kisveiy Kodesh, if the Mezuzah is covered even with glass it is valid, as Hirhur is not applicable.

Opinion of Admur: It is implied from Admur 40:5 that it is definitely forbidden to be naked in front of a Mezuzah, even if it is covered by glass, as Admur forbids marital relations being it is similar to Erva, and hence certainly he would forbid Ervah itself! Vetzaruch Iyun, as marital relations is stricter than revealed Erva, as everyone agrees that sefarim require two coverings by marital relations, which is unprecedented in all the laws of Tzoa and Erva, and hence we see marital relations is a different category of Erva and is more strict.

[81] Conclusion of Admur 40:5 and Taz 286:5 regarding a Mezuzah; Ma’amar Mordechai 40:2; Zivcheiy Tzedek 2:38; Piskeiy Teshuvos regarding Bedieved; Sheyikadesh Atzmo 32:6 regarding even Lechatchila; See Halacha J for the full details and other Halachic opinions on this matter

Other opinions: Some Poskim rule that it is to always have a double covering even when attached to the wall. [1^st opinion brought in Admur; M”A 40:2; Chesed Le’avraham; Taharas Yisrael ibid; Kaf Hachaim 40:13 and Piskeiy Teshuvos ibid concludes it is best to be stringent]

[82] See Admur 40:2 and M”A 40:1 that the binding of a Siddur is considered like the Siddur itself and therefore may not be hung; Peri Megadim 40 A”A 2 that the same applies and it does not serve as a covering, hence, a double covering is still needed; M”B 40:4; See Taharas Yisrael 240:56; Ohel Yosef 2 brought in Kaf Hachaim 40:14; Sheyikadesh Atzmo 32:6; Ashel Avraham Butchach 240 leaves this matter in doubt.

[83] Birkeiy Yosef 154 in Shiyurei Bracha; Chesed Le’alafim 240:8; Kaf Hachaim 40:14 rules to be lenient with all printed Sefarim of today; Taharas Yisrael 240:56 Yad Eliyahu footnote 263 in name of Da’as Kedoshim and Ashel Avraham that they leave this matter in doubt

[84] Taharas Yisrael 240:58; Piskeiy Teshuvos 240:19; ; Nitei Gavriel 63:2

Other opinions: Some Poskim rule that such cards do not require any covering, as they are not made for learning purposes but rather as Segulas, and thus do not have Kedusha. [Beis Yisrael 36; See also Chavos Yair 184 regarding printed Sefarim]

[85] Piskeiy Teshuvos ibid; See Halacha D regarding the validity of a transparent covering

[86] Conclusion of Admur 40:5 and Taz 286:5 regarding a Mezuzah; Ma’amar Mordechai 40:2; Zivcheiy Tzedek 2:38; Piskeiy Teshuvos regarding Bedieved; Sheyikadesh Atzmo 32:6 regarding even Lechatchila; See Halacha J for the full details and other Halachic opinions on this matter

Other opinions: Some Poskim rule that it is to always have a double covering even when attached to the wall. [1^st opinion brought in Admur; M”A 40:2; Chesed Le’avraham; Taharas Yisrael ibid; Kaf Hachaim 40:13 and Piskeiy Teshuvos ibid concludes it is best to be stringent]

[87] See Encyclopedia Hilchatit Refuit Leida p. 275; Toras Hayoledes 31:1

[88] Pischeiy Teshuvah Y.D. 179:6 in name of Beir Sheva

[89] Chinuch Beis Yosef 71

[90] Halacha Lemoshe Hilchos Yoledes 6-7; Nitei Gavriel 62:1

[91] Meiam Loez Vayeira 417; Divrei Malkiel 5:166; Shefa Chaim Michtivei Torah 5:405

[92] Baal Shem Tov on Torah Parshas Yisro 25; Imrei Noam Parshas Vayechi 40; Parshas Beshalach 13; Nitei Gavriel 62:3

[93] M”B 617:9; Mamar Mordechai 617:3; Alef Lamateh 617:5; Sdei Chemed 3:2; Meishiv Halacha 242; Minchas Yehuda 29; Nitei Gavriel 38:5; Toras Hayoledes 53-54; So ruled Rav A. L. Cohen

[94] According to Halacha, a child is considered premature, and an 8^th month child, until nine full months have passed from conception. [See Y.D. 374:8; See Meil Tzedaka 5, brought in Pischeiy Teshuvah 374:9 that we follow the Hebrew months in this regard, and not a number of weeks or days. Thus, since the months vary between 29 and 30 days, determining how many weeks/days need to pass depends on how many days were in each of the nine months of her pregnancy. If, for example, there were five 30-day months and four 29-day months, then it is exactly 38 weeks, which is 266 days. If, however, there were more or less than five 30 day months, then it would be more or less than 38 weeks. Thus, we determine the completion of nine months based on the passing of Hebrew months, and not based on weeks or days.] Medically, however, a child is only considered premature if born prior to week 37 from her last period, which is approximately week 35 from conception. Nonetheless, a child born in week 37-38 from the last period is termed an “early term baby” and quite often the child is not yet developed enough to be born. It is only considered full term in weeks 39-40 from the last period, which fits the Halachic definition of 37-38 weeks from conception. 

[95] See Poskim ibid that compare a woman giving birth to a regular Yoledes within three days, of which the law is that she may eat regularly. However, see Minchas Yehuda and Nitei Gavriel ibid who record she is to eat less than the Shiur. Veztaruch Iyun.

[96] Piskeiy Teshuvos 317:1 footnote 3; Rav A. L. Cohen

The reason: As there is no danger involved for her or the child if she gives birth in her 9^th month, and hence there is no reason to permit her to eat in order to stop contractions.

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