Chapter 8: Nida laws applicable after Birth

1. Nida & Mikveh Purification after birth:[1]

Becoming impure [i.e. Nida]:[2] Every woman becomes impure after a vaginal birth irrelevant of whether she has seen blood. This impurity is called Tumas Leida and is a second form of impurity, asides for her becoming impure due to seeing Nida blood. Practically, since all woman see blood when they give birth, they are hence impure for two reasons, Tumas Leida and Dam Nida.

Becoming pure [Mikveh]-Letter of law: From the letter of the law, a woman is impure for 7 days after the birth of a boy and 14 days after the birth of a girl, even if she did not see blood. If she saw blood, then in addition to needing to wait the above amount of days, she must also perform a Hefsek Taharah and guard Shiva Nekiyim before being able to immerse. From the letter of the law, this Shiva Nekiyim can be performed even within her 7 or 14 days after birth, and at conclusion of the days required to wait, she may immerse. Practically, however, women continue seeing blood after birth for 4-12 weeks and hence cannot perform a Hefsek Tahrah until that time. However, there is no need at all to wait 40 days after the birth of a boy and 80 days after the birth of a girl, so long as she has stopped bleeding and is physically ready.[3] [There are different remedies available to help clear up a woman’s blood. As the weeks go by, the blood colors become lighter and eventually are deemed Halachically pure colors. There is no need to wait until there is no more blood being seen, rather as soon as the color is light enough for a Rav to purify, she can perform the Hefsek Taharah and Shiva Nekiyim.]

When to go to Mikveh-Advice:[4] The general medical advice is for a wife to delay having marital relations from between four to six weeks after birth in order to allow the body to recuperate.[5] [Intimacy prior to this time period, which allows the body to heal, can cause extra and unnecessary tearing and bleeding of her birthing wounds.] Nonetheless, some[6] suggest waiting longer intervals, such as 9 or 10 weeks, or even 12 weeks, from the birth, in accordance with her strength and stamina. All in all, while the wife should discuss the matter with her husband, and hear his perspective before making any decisions, she is not obligated to immerse in the Mikveh and re-begin marital intimacy until she feels physically capable of doing so.[7]

Going to Mikveh even if intercourse cannot take place: Some Poskim[8] rule that a woman may go to Mikveh at night in order so that the couple can engage in hugging and kissing, even if intercourse will not take place that night, such as due to a medical concern, so long as there is no worry of it leading to Zera Levatala. Other Poskim,[9] however, rule that she may not immerse in such a case, due to worry of it leading to Zera Levatala. Practically, one is not to be lenient if the husband is prone to have Zera Levatala due to this.

Dam Tohar:[10] The concept of Dam Tohar, pure blood after birth, is no longer accustomed today and hence a woman becomes impure upon seeing blood, even if she is within 40 or 80 days from her birth. [When going to Mikveh for seeing blood during Dam Tohar, she is to immerse in a Mikveh with a blessing.[11]]

Summary and practical application: After birth a woman remains impure until she is able to perform a successful Hefsek Taharah and Shiva Nekiyim. This usually takes between one to three months. Any time a woman sees blood after birth, she becomes impure even if it is within 40 or 80 days from giving birth. Immersing on Friday night, or Motzei Shabbos: In general, the custom is to only immerse on Friday night if she did not have a chance to immerse prior to Shabbos.[12] According to all, however, a woman may immerse on Shabbos if she was unable to do so due to a physical impalement, such as being after birth.[13] The same applies to immersing on Motzei Shabbos.[14] May a woman after birth push off her Hefsek Taharah to Friday which may cause her to go to Mikveh on Shabbos?[15] She may do so according to all if she does not feel physically ready to go to Mikveh until that time. If she does feel ready beforehand and pushed it off for other reasons, then this matter is disputed. The same applies to pushing off the Hefsek Taharah to Shabbos which will cause her to immerse on Motzei Shabbos.[16] Postpartum-Loss of interest after pregnancy:[17] It is common after pregnancy for women to have disinterest in intimacy. This is due to a variety of factors, including vaginal pain, motherhood stress and fatigue, including sleep deprivation, hormonal changes, postpartum depression, inability to reach climax. Therapy, and gynecological consultation can help guide the couple in relieving these issues. Batei Hachlama: Many women are accustomed to go to a birthing recovery center after birth.

2. Buying present for wife after birth:

It is customary for the husband to purchase a gift for his wife after birth.

May one give the gifts while she is still a Nida?[18] Some Poskim[19] rule that it is forbidden for one to give a gift to his wife while she is a Nidah. Other Poskim[20], however, rule it is permitted to be done. Practically, the main ruling follows to permit doing so, whether from the husband to the wife or wife to the husband.[21] Thus, one may buy his wife a gift after she gives birth. Nonetheless, one should be stringent when the entire purpose of the gift is in order to create a state of romance and affection, such as a gift that is given on the occasion of her immersion in the Mikveh.[22] Furthermore, some write that anytime one’s wife can wait to receive the gift until she is pure and she will not be upset of the delay, then it is proper to only give the gift when she is pure.[23] Even according to this opinion, there is no need to be stringent against buying her flowers for Shabbos, giving her gifts of food, or buying gifts for the general benefit of the family and household.[24]

 

3. Nida & Mikveh Purification after Miscarriage:[25]

If one had a miscarriage she is impure and is required to perform a Hefesk Taharah and count seven clean days. This applies even if she did not see any blood with her miscarriage, and had the miscarriage within 40 days of conception.[26] However, regarding the minimum amount of days she must wait prior to immersion in a Mikveh, there is a difference between a woman who miscarried within 40 days of conception versus one who miscarried after 40 days of conception.

Miscarried within 40 days of conception:[27] A woman who miscarried within 40 days of conception [meaning within 40 days counted from her last Mikveh night[28]] has the same status as a regular Nida, and not the more stringent status of a Yoledes, and hence as soon as she waits five days and has stopped seeing blood, she may perform a Hefsek Taharah and count the seven clean days and immerse in a Mikveh even if it is within 14 days from the miscarriage.[29]

Waiting a minimum of 14 days if after 40 days of conception: If she had a miscarriage after being pregnant over 40 days[30] [meaning 41 days counted from her last Mikveh night, as explained above] then it has the same status as one who gave birth.[31] Thus she may not immerse in a Mikveh until 14 days pass from the start of her miscarriage, even if she was successfully able to count 7 clean days before hand.[32] She may however already perform a Hefsek Taharah after 5 days and then count the seven clean days.[33] On the night of the 15th she can then immerse in a Mikveh. [If the woman had to go to a doctor to have her womb cleaned out[34], then the 14 days are counted starting from when her womb was cleaned by the doctor.[35] Practically most women bleed after miscarriages for several days and hence the above law of ability to immerse within 14 days is rarely applied. Furthermore, most women after miscarriage are advised not to be intimate for between 2-6 weeks from the time of the miscarriage in order to help them recover. Accordingly, the age-old custom is for women to wait four weeks before immersing in a Mikveh.[36] However, she should not delay immersion without justifiable reason.[37] Practically, one is to consult with a doctor and/or rabbi in this matter.[38]]

Vestos: A woman who miscarried after 40 days follows the same law as a woman who gave birth regarding suspecting for previous Vestos, as explained in Halacha 4C.[39] When a woman becomes a Nidah due to a miscarriage the date of the miscarriage is not marked on the calendar for the sake of having Vestos calculated from it.[40]

4. Nida laws applicable during nursing, 24 months after birth:[41]

A. Bleeding during nursing-Nida laws:[42]

If a woman sees blood while nursing, this follows the same laws applicable throughout all other times regarding determining her Nida status. Thus, if the blood was seen on a colored garment, or is not more than the size of a Gris, and was not seen through an internal examination, then she remains pure. Otherwise, she is impure, as is always the case by a Kesem.

B. The law of a Mesulekes Bedamim:[43]

There are certain women who are presumed to not release menstrual blood, and thereby carry certain Halachic leniencies and Halachic ramifications in the laws of Nidah. This is known as a woman who is Mesulekes Bedamim.

A nursing woman:[44] A woman who is within 24 [lunar[45]] months of giving birth retains the Halachic status of a Mesulekes Bedamim, as she is assumed to not menstruate during this time. This applies even if she is no longer nursing.[46] This applies if she never nursed even one day.[47] This applies even if she gave birth through C-section.[48] This applies even today that women commonly begin menstruating within 24 months in similar patterns to a woman who is not a Mesulekes Bedamim.[49]

The Halachic ramifications: As stated above, there are various Halachic ramifications to a woman who is defined as a Mesulekes Bedamim, including the following subjects that will be discussed below:

1. Yom Chashash-Veses Laws by a Meuberes/Pregnant.
2. Internal exams.
3. The law of Bedikos by a Hargasha of a pregnant woman.
4. Bedikos required before and after Tashmish.

C. Yom Chashash-Vestos-Suspecting for the Vestos [i.e. Onah Beinonis, Veses Hachodesh, Veses Haflaga] while nursing:[50]

Chashashos from blood seen before birth: A woman who is within 24 months after birth does not need to suspect for any of the Yimei Chashash that have been marked on the calendar from previous periods.[51] This applies even towards a Veses Kavua.[52]

Blood after birth: The blood which is seen during birth and afterbirth is not to be marked on the calendar to be suspected for.[53] However, once her after birth bleeding has ceased[54], then when she sees blood even during the 24 months after birth, it must be marked on the calendar and have all of its Yimei Chashash [Onah Beinonis[55], Veses Hachodesh, Veses Haflaga] properly guarded [including performing a Bedika on the day of Chashash[56]].[57] This applies starting from the first sighting of blood.[58] This applies even if she menstruates within 40 days of giving birth to a boy and 80 days of giving birth to a girl.[59] This applies even if she has yet to immerse in the Mikveh after giving birth, nevertheless, if her after birth bleeding has ceased and she sees a fresh flow, then it must be marked on the calendar.[60]

Kevius Veses-Saw blood on same date/pattern three times: A woman who is Mesulekes Bedamim cannot establish a Kevius Veses.[61] Thus, some Poskim[62] rule that a woman who is within 24 months of birth  and sees her period in a pattern that creates a Veses Kavua, suspects for all the three suspicions of Hachodesh, Beinonis, and Haflaga.

 

D. Internal exams:[63]

*See Chapter 3 Halacha 5 for the full details of this subject!

Some Poskim[64] rule that a nursing woman [i.e. Mesulekes Bedamim] does not become a Nidah after an internal examination, irrelevant of the circumference size of the instrument. However, other Poskim[65] rule that a nursing woman follows the same laws as any other woman, and hence she is deemed a Nida even if she is nursing if an internal examination was performed with an instrument that has a thick circumference. [Practically, if she is nursing, then if a Bedikah was done after the instrument was inserted to verify whether or not she saw blood, and it was found to be clean, then she is Tahor.[66]]

Does a woman become a Nida upon having an IUD inserted?[67] Some Poskim[68] rule that the insertion of an IUD does not turn a woman into a Nida even if she is not a Mesulekes Bedamim. Other Poskim[69], however, rule that it does turn a woman into a Nida [even if she is a Mesulekes Bedamim], and so is the widespread ruling amongst the Ashkenazi Chareidi Batei Hora’as in Eretz Yisrael. Practically, initially the IUD should be inserted at a time that she’s anyways impure, prior to the start of the count of the seven clean days.[70] However, if this is not possible then, as per consultation with a Rav, there is room to be lenient to not consider her a Nida, and not require her to restart her Shiva Nekiyim, when done within 24 months after birth.[71]

D. The law of Bedikos by a Hargasha of a nursing woman:

See Chapter 3 Halacha 6 for the full details of this subject!

E. Bedikos required before and after Tashmish:[72]

See Chapter 3 Halacha 7 for the full details of this subject!

Must she do Bedikos within the 24 months:[73] A Mesulekes Bedamim is not required to perform the above Bedikah before and after Tashmish even if she has yet to establish a Chazaka, and she is past her Veses Haflaga. [Thus, within 24 months from giving birth, she is not required to do a Bedikah before and after Tashmish. However, some Poskim[74] rule that this only applies if she has yet to menstruate after giving birth, however, once she begins menstruating, then a Bedika is to be performed before and after Tashmish. Likewise, some Poskim[75] are stringent once she stops nursing to require a Bedika to be performed.]

Establishing a Chazaka within 24 months:[76] A Mesulekes Bedamim [within 2 years of giving birth, or past 3 months of pregnancy] is not able to establish a Chazaka by performing three Bedikas before and after intercourse. [Prior to being three months pregnant, she may perform the Bedikos to establish a Chazaka, just like any other woman. Furthermore, according to the approach that requires the Bedikos to be done past the safe days, the most opportune time to do Bedikos is in the 1st year of marriage, after seeing three Haflagos, while pregnant but within three months of pregnancy.[77]]

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[1] See Nitei Gavriel 107-108

[2] Michaber 194

[3] Michaber Y.D. 194:1; Rama ibid that in a place without a custom, one should not be stringent at all; Teshuvas Rama 94, brought in Taz 194:3, that so is custom today in his provinces; See Taz ibid at length for negation of the stringent opinion and the harsh words of the Bach against one who is lenient; Shach 194:1; Pleisi 194; Noda Beyehuda Kama Y.D. 54; Chacham Tzevi 68; Many Poskim in Nitei Gavriel 107:3 footnote 4

Other opinions: Some are accustomed to delaying intercourse for 40 days after having a boy and for a period of 80 days after having a girl in order to recuperate after birth and not become pregnant right away. [See Rama ibid; Poskim ibid; Shvus Yaakov 3:77]

[4] Shiureiy Shevet Halevi 194; Piskeiy Teshuvos 240:8; Nitei Gavriel 107:2 footnote 2

[5] See Taz Y.D. 197:4 that women after birth would delay going to Mikveh until they felt physically ready

[6] Taharas Yisrael 194 Beir Yitzchak 19

[7] See Taz 197:4; Nitei Gavriel 107:4

[8] Even Shoham 14, brought in Pischeiy Teshuvah 184:22; Sheilas Ya’avetz 2:10; Chut Shani Niddah 197:3; Shevet Halevi 8:271; See Rama 184:10 and Admur 184:33-35; Or Tzadikim 32:4

[9] See Posei’ach Sha’ar 23:27; Beir Moshe 8:91; Piskeiy Teshuvos 240 footnote 44; Regarding prohibition of night of Veses, see: Aruch Hashulchan; Taharas Yisrael; Darkei Teshuvah; Maharam Shick 364; Nitei Gavriel Niddah vol. 2 102:2; So ruled to me Rav Farkash in a phone conversation and so he rules in Taharah Kahalacha 24:109 and footnote 177; See also Piskeiy Teshuvos 240 footnote 44; Sheyikadesh Atzmo 11 footnote 4; Shut 38 in back of Sefer

The reason: As this can lead to them having intercourse. [Poskim ibid; however see Taharah Kahalacha ibid footnote 177 which negates this reason] Alternatively, it is because it is a danger for her to immerse and not have relations, as stated in the below Q&A. [Taharah Kahalacha ibid]

[10] Rama 194:4; Lechem Vesimla 194:13; Pischeiy Teshuvah 196:16; Avnei Tzedek 84; Nitei Gavriel 108:1

[11] Chasam Sofer 191; Sheilas Shmuel 74; Nitei Gavriel 108:3

[12] Admur 326:7; M”A 326:8; Terumos Hadeshen 255; Maharil 139; Rama Yoreh Deah 197:2; Bach 197; Shach 197:3; M”B 326:25

Other opinions: The Beis Yosef [brought in Shach 197:3] rules that there is never a prohibition to immerse on Shabbos in any situation. [Vetzaruch Iyun if this is even if she could have immersed beforehand? Seemingly yes, as so is implied from the fact that the Michaber never rules anywhere regarding any restrictions in immersing on Shabbos, and rather wrote simply that one may immerse on Shabbos.] Others rule that it is forbidden to immerse on Shabbos even if [she had holy reasons to avoid doing so beforehand, such as that] her husband did not arrive until Erev Shabbos. [stringent opinion in Rama ibid; Taz 197:4 based on his understanding of the Terumas Hadeshen] However he too agrees that in a case that she could not immerse due to a physical impracticality [Oness], such as that she is after birth and did not have the strength to immerse beforehand, then it is allowed. Thus, the Taz argues on Rama which holds that it is dependent on the custom and rather rules that it is always forbidden unless it was physically impossible for her to do so. In the Nekudos Hakesef the Shach debates against the ruling of the Taz and supports the ruling of the Rama and Bach.    

Custom of Sephardim: The Sephardim are accustomed to be lenient in this matter and immerse on Friday nights. [Beis Yosef ibid; Rav Poalim O.C. 4:12; Mizbeiach Adam 199; Kneses Hagedola 197:5; Shulchan Gavoa 197:4; Taharas Habayis 2:454; However, see Darkei Taharah p. 170 that writes to be stringent in this matter as rule Admur here and Rama ibid.]

[13] Taz 197:4

[14] See Rama 197:2; Nitei Gavriel 107:8

[15] Daas Kedoshim; Daas Torah; Avnei Nezer 247; Nitei Gavriel 107:7

[16] See Rama 197:2; Nitei Gavriel 107:8

[17] See Getting Closer pp. 69-86; I Am for My Beloved pp. 97-102; The Newlywed Guide to Physical Intimacy pp. 50-53

[18] See Taharah Kehalacha 14:100; Shiureiy Sheivet Halevi p. 254; Pischeiy Teshuvos [Shraga] 195:13 [p. 367]

[19] Tiferes Tzevi 195:6 based on prohibition against sending wife Kos Shel Bracha; Implication of Sheilasos Parshas Acharei

[20] Pleisi 195:1; Machatzis Hashekel 195:3;

[21] Shevet Halevi 5:115; Shiureiy Sheivet Halevi ibid; Chut Shani; Chezkas Taharah Derech Ketzara 195:6; Suga Beshoshanim 23:10; Taharas Habayis 12:13; Pischeiy Teshuvos ibid

Other opinions: Some conclude that one should initially be stringent if his wife can wait and will not be Makpid. [Taharah Kehalacha ibid that so rule the Achronim, and so is implied from Sheilasos]

[22] Shiureiy Sheivet Halevi ibid

[23] Taharah Kehalacha ibid footnote 220

[24] Taharah Kehalacha ibid

[25] Michaber 194:2-10; Taharah Kehalacha 11:11; Family Purity p. 175; Kitzur Dinei Taharah 14:3-4; Toras Hayoledes 38:7-10; Nitei Gavriel 112

[26] The reason: As in Pesichas Hakever Beli Dam. [Rama 194:2]

[27] Michaber and Rama 194:2; Nitei Gavriel 112:2

[28] Beir Heiytiv 194:4; Pischeiy Teshuvah 194:3; Taharah Kehalacha 1 footnote 22; See Nitei Gavriel 112:3-4 footnote 3 in length; See Meiy Nida Nidda 30 regarding if these days are counted as 24 hours each

Went to Mikveh for Rabbinical Kesem: However, this only applies if her Mikveh night was from a period cycle. If however her last Mikveh night was due to a Rabbinical impurity, such as a Kesem then she must count back to the last time she went to Mikveh due to a Biblical impurity, such as her period.

[29] Rama ibid

[30] If she has been pregnant exactly 40 days she is only considered a Nida and is not considered to have given birth. [Taharah Kehalacha ibid footnote 19]

[31] Michaber 194:2

[32] Michaber 194:3; Taz 194:3; Shach 194:4; Toras Hashelamim 194:2; Lechem Usimla 194:29

The reason: As perhaps the fetus was a female. In which case she may not immerse until 14 days pass.

[33] So is the implication from 194:1 and 3, and so rules Taharaha Kehalacha regarding birth; Family Purity ibid regarding miscarriage.

Other Opinions: The Shach [194:4] rules one must delay counting the seven clean days until 14 days have passed from the miscarriage.

[34] This is known as a D&C procedure, also known as dilation and curettage,

[35] Shevet Halevi 9:182; Nitei Gavriel 112:8

[36] Shaareiy Tzedek 136; Taharas Yisrael 136:4; Pischa Zuta 194

[37] See Chacham Tzevi 8; Daas Torah 194; Chasam Sofer 157; Nitei Gavriel 112:15

[38] Nitei Gavriel 112:14

[39] Sidrei Taharah 189:36; Pleisi 189:31; Pardes Rimonim Sifsei Chacham 189:73; Chidrei Deiah 189; Beis Shearim 259; Poseiach Shaar 2:16; Arugas Habosem 172; Nitei Gavriel 112:5; Taharah Kehalacha 24:100

Bedikos by Tashmish: See Shevet Halevi 186:2; Nitei Gavriel 112:16

[40] See Nitei Gavriel 112:12; Taharah Kehalacha 24:5; Shiureiy Shevet Halevi Hosafos Utikunim

[41] Nitei Gavriel 109-111

[42] See Michaber 190:52; Mei Nida Kuntrus Achron 190:52; Nitei Gavriel 109:7

[43] See Michaber Y.D. 189:33 [regarding Kevius Veses]; Taharah Kehalacha 1:8; Nitei Gavriel 103:3-105

[44] Michaber 189:33; Nitei Gavriel 109:1

[45] See Michaber E.H. 13:11; Tzemach Tzedek E.H. 316:11; Taharah Kehalacha 1:8 footnote 21;

See regarding a leap year, that the two Adars are counted as two months within this count: Rama E.H. 13; Admur 184:24; Pleisi 184; Tiferes Tzevi 184:6; Yeshuos Yaakov Y.D. 184; Tzemach Tzedek E.H. 316; Chochmas Adam 108; Aruch Hashulchan 184:33; Pischeiy Teshuvos 184:13; Nitei Gavriel 109:6; Taharah Kehalacha 24 footnote 155; Poskim who say it is counted as one month: Shach 184:18; Chavas Daas 184:8

[46] Michaber ibid; Maharsham 3:214 (204) based on Tosafus and Ran; Shevet Halevi 33:4; Nitei Gavriel 109:1, 3; Taharah Kehalacha 1:8; 24:99; All Poskim who hold that even a Mapeles has the status of Mesulekes Bedami: Sidrei Taharah 189:36; Pleisi 189:31; Pardes Rimonim Sifsei Chacham 189:73; Chidrei Deiah 189; Beis Shearim 259; Poseiach Shaar 2:16; Arugas Habosem 172; Nitei Gavriel 112:5

Other opinions: Some Poskim rule that if she has stopped nursing then she no longer has the status of a Mesulekes Bedamim. [Chasam Sofer 164; Pischeiy Teshuvah 189:29; Mahrshak in Shiyurei Taharah]

[47] Maharsham 3:214 (204); Nitei Gavriel 109:1; Taharah Kehalcha 24:99

Other opinions: Some Poskim rule that she must at the very least begin to nurse in order to be defined as a Mesulekes Bedamim. [Shiyurei Tahrah 199]

[48] Meiy Nida 10b; Haflah Kesubos 60a; Betzel Hachochma 6:79; Mishnas Yaakov p. 102; Shevet Halevi 6:122; Kaneh Bosem 2:44; Nitei Gavriel 109:2 footnote 2; Conclusion in Taharah Kehalacha 24:102

Other opinions: Some Poskim  rule that if a woman had a C-section, then she does not have a status of a Mesulekes Bedamim. [Poseiach Shaar 25:8; See Taharah Kehalacha 24:102 Biurim 3]

[49] Setimas Kol Haposkim of last 300 years; Shaareiy Tzedek 137; Mahariy Shteif 271; Imreiy Yosher 1:182; Even Yisrael 9:79; Kaneh Bosem 2:48; Taharah Kehalacha 1:8 footnote 21; 24:99 footnote 157 in length; Nitei Gavriel 109:3 footnote 3; See Tzemach Tzedek 123, Emek Sheila Y.D. 23

Other opinions: Some of today’s Poskim rule that since in today’s times even nursing women menstruate, it is therefore proper to be stringent in today’s times to not give her the status of a Mesulekes Bedamim. [Igros Moshe Y.D. 4:17-2; Daas Kohen 189:19; Chut Shani p. 138; Shiureiy Shevet Halevi 189:33 p. 32; Ruling of Rebbe of Tzanz, Chazon Ish, and Rav SZ”A; Nitei Gavriel 109:3 footnote 4] However, so long as she’s actually nursing and does not menstruate, then even according to this opinion she has the status of a Mesulekes Bedamim. [Shevet Halevi 4:101; Nitei Gavriel 109:4]

[50] See Michaber Y.D. 184:7; 189:33-34; Admur 189:113-114; Tahara Kehalacha 1:8; 24:5, 99; Encyclopedia Hilchatit Refuit Vol. 3 p. 22; Nitei Gavriel Nidda Vol. 2 Chapters 111

[51] Michaber Y.D. 189:34

Regarding suspecting from her previous Vestos Kavuos after the 24 months are over, see: Taharah Kehalacha 24:103-105; Biurim 3; Nitei Gavriel 111:14-23

[52] Michaber 189:34; Admur 189:115; Nitei Gavriel 105:2

[53] Taharah Kehalacha 24:5; Nitei Gavriel 111:13

[54] See Daas Kohen 184:9; Taharah Kehalacha 24:5; Nitei Gavriel 111:13

[55] Admur 189:114; Chesed Leavraham Tinyana 43; Pardes Rimonim Sifsei Chacham 73; Even Yisrael 9:79; Emek Sheila 23; Peri Deiah 189 Turei Kesef 50; Poskim in Nitei Gavriel 111:4 footnotes 9-10; Taharah Kehalacha 24:100 footnote 159

Other opinions: Some Poskim rule that one is not required to suspect for the Onah Beinonis when she sees blood as a Mesulekes Bedamim. [Sidrei Taharah 189:36; Pischeiy Teshuvah 189:30; Zera Emes 3:114; Levushei Mordechai Tinyana 78; Nitei Gavriel 105:1; 111:4 footnote 8]

[56] See Admur 189:115; Chavas Daas 189:51; Taharah Kehalacha 25 footnote 159 [even Bedieved by Oneh Beinonis is no good if did not check]; Nitei Gavriel 111:7-8

[57] Michaber 189:33; Admur 189:114-115 [including Beinonis]; Chavas Daas 189:7; Maharam Padwah 5; Misgeres Hashulchan 158:29; Maharshag 3:54; Nitei Gavriel 105:1; 111:4

[58] Admur 189:115; Perisha 184; Sidrei Taharah 184:10; 189:37; Rav Akiva Eiger 184; Pischeiy Teshuvah 184:4; Chavas Daas 189:7; Peri Deiah189:19; Chochmas Adam 108:8; Taharah Kehalacha 24:100; See Taz 189:8; Shach 184:19; Noda Beyehuda Tinyana Y.D. 86; Beir Moshe 4:67; Nitei Gavriel 111:2

Other opinions: Some Poskim rule that is not required to suspect for the Vestos until she menstruates three times after giving birth. [Taz (brought and negated in Admur ibid); Shach 184:19 [there is dispute as to his opinion]; Pleisi 189:32; Rashal; Nitei Gavriel 111:2]

[59] Mahariy Shteif 271; Beir Moshe 4:67; Kaneh Bosem 1:74; Shevet Halevi 2:79; Taharah Kehalacha 24:5; Nitei Gavriel 111:3; See Rama 194:1; Shach 187:32; Poseiach Shaar Miluim on 35:1  

Other opinions: Some Poskim rule that she is not required to suspect for the Vestos until she menstruates after the passing of 40 days for a boy and 80 days for girl. [See Chazon Ish 87:3; Poskim in Nitei Gavriel 111 footnote 7]

[60] Daas Kohen 184:9; Taharah Kehalacha 24:5; Nitei Gavriel 111:13

[61] Michaber 189:33

[62] Implication of Admur 189:115; Derisha; Toras Shelamim 184:16; Taharah Kehalacha 24:100 footnote 154

Other opinions: Some Poskim rule that she can be Koveia a Veses just like any other woman, and in such a case must only suspect for those times. [Sidrei Taharah 189:36; Chavos Daas Chidushim 189:50; Pischeiy Teshuvah 184:14; Emek Sheila 23; Suga Beshoshanim Vestos 10:2 [siman 61]; Shiureiy Sheivet Halevi p. 152; Nitei Gavriel 105:4; 111:9]

[63] 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;

Background: 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 Nida 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.

[64] 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]

[65] Nodah Beyehuda Tinyana 120; Minchas Shlomo 2:73-2

[66] Rav Ashkenazi via phone call. Rav Farkash writes [7:4 footnote 15] that by a pregnant or nursing woman, since she is Mesulekes Bedamim there is more room to be lenient, as many Poskim hold that an examination never makes her a Nidah, as well as even according to those which are stringent some hold that it does not apply by one who is Mesulekes Bedamim, thus he rules that a Rav should be consulted.

[67] See Minchas Yitzchak 6:87; Tzitz Eliezer 10:25-10; 11:63; Nishmas Avraham 4:194 in name of Rav SZ”A; Nitei Gavriel 80:16-18; 109:9

[68] Encyclopedia Talmudit Refuit Nidda 81 [not a Nidda]; Sefer Machon Puah 3 Menias Hirayon 78

[69] 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; Nishmas Avraham 4:194 in name of Rav SZ”A; Nitei Gavriel 109:9

[70] Nitei Gavriel ibid

[71] 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 Nida 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. [See Chapter 3 Halacha 5 for the full background of this subject!] However, there is no consensus amongst the Poskim as to the 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. [See Chesed Leavraham Teumim Tinyana 46; Daas Torah 188:12; Emek Sheila 31; Maharsham 3:145; 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; Nishmas Avraham 195:55; Nitei Gavriel ibid; Taharah Kehalacha chapter 7:4 footnote 15; Encyclopedia Talmudit Refuit Nidda 66] 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. 

[72] See Nitei Gavriel chapter 110

[73] Admur 186:7; Maharam Padwah 25; Toras Hashlamim 186:3; Sidrei Taharah 186:4; Pischeiy Teshuvah 186:4; Lechem Visimla 186:6; Taharas Yisrael 186:9; Tzemach Tzedek Miluim C.M. 2; Taharah Kehalacha 23:11; For definition of Mesulekes see Taharah Kehalacha 1:8; Nitei Gavriel 64:13; 103:3-10

[74] See Igros Moshe 4:17-4; Shevet Halevi 4:101; Shiureiy Shevet Halevi 184:1-11; Nitei Gavriel 110:1-2

[75] Nitei Gavriel 110:6

[76] Nitei Gavriel 64:14; Taharah Kehalacha 23:7 and 11; See regarding that the checks are only valid when done on unsafe days: Michaber 186:1-3; Admur 186:8; Chasam Sofer 186; Lechem Visimla 186:4; Igros Moshe Y.D. 3:50; Shevet Halevi 7:145; Kitzur Dinei Tahrah 13:7; 10:1; Taharah Kehalacha 23:3-7; Nitei Gavriel 64:11

[77] Taharah Kehalacha 23:7 and 11