Nida laws applicable during nursing, 24 months after birth:[1]

A. Bleeding during nursing-Nida laws:[2]

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:[3]

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:[4] A woman who is within 24 [lunar[5]] 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.[6] This applies if she never nursed even one day.[7] This applies even if she gave birth through C-section.[8] This applies even today that women commonly begin menstruating within 24 months in similar patterns to a woman who is not a Mesulekes Bedamim.[9]

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:[10]

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.[11] This applies even towards a Veses Kavua.[12]

Blood after birth: The blood which is seen during birth and afterbirth is not to be marked on the calendar to be suspected for.[13] However, once her after birth bleeding has ceased[14], 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[15], Veses Hachodesh, Veses Haflaga] properly guarded [including performing a Bedika on the day of Chashash[16]].[17] This applies starting from the first sighting of blood.[18] This applies even if she menstruates within 40 days of giving birth to a boy and 80 days of giving birth to a girl.[19] 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.[20]

Kevius Veses-Saw blood on same date/pattern three times: A woman who is Mesulekes Bedamim cannot establish a Kevius Veses.[21] Thus, some Poskim[22] 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:[23]

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

Some Poskim[24] 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[25] 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.[26]]

Does a woman become a Nida upon having an IUD inserted?[27] Some Poskim[28] 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[29], 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.[30] 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.[31]

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:[32]

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

Must she do Bedikos within the 24 months:[33] 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[34] 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[35] are stringent once she stops nursing to require a Bedika to be performed.]

Establishing a Chazaka within 24 months:[36] 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.[37]]

_____________________________________

[1] Nitei Gavriel 109-111

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

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

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

[5] 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

[6] 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]

[7] 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]

[8] 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]

[9] 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]

[10] 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

[11] 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

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

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

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

[15] 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]

[16] 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

[17] 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

[18] 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]

[19] 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]

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

[21] Michaber 189:33

[22] 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]

[23] 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.

[24] 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]

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

[26] 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.

[27] 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

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

[29] 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

[30] Nitei Gavriel ibid

[31] 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. 

[32] See Nitei Gavriel chapter 110

[33] 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

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

[35] Nitei Gavriel 110:6

[36] 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

[37] Taharah Kehalacha 23:7 and 11