Internal exams during pregnancy

* This article is an excerpt from the above Sefer
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Internal exams:[1]

The general law: Some Poskim[2] rule that a woman does not become a Nida upon having an internal examination performed even if the instrument has entered her womb. This applies irrelevant of the size of the instrument and whether its circumference was thick or thin. Other Poskim[3], including Admur[4], however rule that if a thick instrument entered her womb then she is a Nidah. This applies even if no blood was found in a later bedikah. However, this only applies by an instrument with a thick circumference, however an instrument that has a thin circumference does not deem a woman a Nida.[5] Practically we rule like the latter opinion which is stringent.[6] [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.[7] Now, in general the widespread custom of ruling in many Batei Hora’s is to be stringent from 2mm and above.[8] Other Rabbanim however are lenient up until 13 mm, 15 mm, and even 19 mm.[9]]

The law by a pregnant woman: Some Poskim[10] rule that even according to the stringent opinions above, it does not apply to a pregnant or nursing woman [i.e. Mesulekes Bedamim], and hence she does not become a Nidah after and internal examination, irrelevant of the circumference size, even if an internal bedikah was not done into the womb. However, other Poskim[11] rule that a pregnant or nursing woman follows the same laws as any other woman, and hence she is deemed a Nida even if she is pregnant or nursing if an internal examination was performed with an instrument with a thick circumference. [Practically, if she is pregnant or nursing, then if an internal 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.[12]]

 

Does an internal [i.e. transvaginal] ultrasound make one a Nida?[13]

In general, a transvaginal ultrasound does not make one a Nida, as it does not penetrate the cervix. However, this only applies in the event that no blood was seen during the examination, if however the woman saw blood, or the doctor told her that there is blood, then if the blood is not the result of an external injury and has possibly flowed from the cervix, then it is a problem and a Rav is to be contacted.

 

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[1] 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.

[2] Tiferes Lemoshe 188;  Shoel Umeishiv 2:40; Eimek Hasheila 31; Mahrshag 2:196; Hagahos Baruch Taam on Nodah Beyehuda; Chazon Ish

[3] 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;

[4] 188:8; brought also in Family Purity page 16. Vetzaruch Iyun that no mention of the opinion of Admur was made in Taharah Kehalacha chapter 7!

[5] Admur Y.D. 188:8; Beis Yosef 188; Shaareiy Deah 149; All Poskim below regarding Shiur

[6] Taharah Kehalacha 7:2 footnote 12 that so rule all Rabbanim known to him.

[7] 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 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

2 Etzbaos-40 mm: Maharsham 3:145

[8] 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; 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

[9] 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

[10] 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]

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

[12] 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.

[13] See Igros Moshe O.C. 3:100; Beir Moshe 4:66; Nitei Gavriel Nidda 80:4; Otzros Hatahrah p. 75 in name of Rav SZ”A and Rav Elyashiv; See regarding the general rule of internal examinations: Admur Y.D. 188:8; Shaareiy Deah 149; Tiferes Lemoshe 188;  Shoel Umeishiv 2:40; Eimek Hasheila 31; Mahrshag 2:196;  Nodeh Beyehuda 120; Chasam Sofer 179; Shiyarei Taharh 194; Kinas Sofrim 73; Beis Shlomo 39; Kreisi Upleisi; Avnei Nezer 224; Family Purity page 16; Taharah Kehalacha chapter 7:2 footnote 12

Explanation: The question, and consequential debate among Poskim, as to whether an internal examination makes a woman a Nida, is only in the event that it penetrates the cervix, and thus enters us as to the question of “Ein Pesichas Harechem Beli Dam,” however, if it does not penetrate the cervix then all agree that it is allowed. Nonetheless, this is only in the event that blood was not seen during the examination, as explained above.

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