The Hefsek Tahara
הפסק טהרה
The process by which a wife becomes pure for her husband consists of three stages: a) the hefsek tahara (the examination establishing that bleeding has stopped); b) seven clean days; c) immersion.
When the woman estimates that her bleeding has stopped, she should examine herself with a thorough examination called the hefsek tahara. If the examination comes out clean of blood, it is established that her bleeding has stopped, and when the sun sets she may begin counting the first of the seven clean days. Without a hefsek tahara examination, even if in fact her bleeding has stopped, she has not left the presumptive status of one who sees blood, and she cannot begin counting seven clean days.¹
The optimal time for the hefsek tahara examination is close to sunset, and as long as she examines herself within two and a half hours before sunset, she is still considered to be examining at the optimal time. But if the sun has set, the next day has already begun, and only at sunset of the following day can she begin the seven clean days. Therefore, a woman who is concerned that she may forget to examine herself in the two and a half hours before sunset, or that she will be in a place where she cannot examine herself, is better off performing the hefsek tahara in the morning or at midday, rather than trying to be meticulous and perform the examination at the optimal time at the risk of perhaps losing the day (only in a rare case, which will be explained in the note, is it obligatory to examine close to sunset).²
Notes (2)
- Regarding a zava, some say that the hefsek tahara examination is required by Torah law, as it is stated: “When she becomes clean of her discharge” (Vayikra 15:28) – that is, she performed a hefsek tahara examination – “she shall count off seven days, and after that she shall be clean” (Pardes Rimonim; Ḥavot Da’at 196:3; R. Akiva Eiger; Arukh Ha-shulḥan, OḤ 196:1). According to Rashbam, Or Zaru’a (vol. 1, 338), and She’elat David (YD 3), it is rabbinic. Regarding a nidda who immerses at the end of seven days from the onset of her period, some say that by Torah law she must examine herself before her immersion (Baḥ, She’elot U-teshuvot Ha-yeshanot 126; Badei Ha-shulḥan 196:1, s.v. “bodeket”). Others maintain that just as for a zava the examination is rabbinic, so too for a nidda (Or Zaru’a and She’elat David, ibid.).
Regarding a nidda today, who conducts herself as a zava: according to those who maintain that a zava and a nidda must examine rabbinically, the same law applies to a nidda today. In addition, even according to Baḥ (ibid.), who maintains that for a zava the hefsek tahara is from the Torah, for a nidda today who conducts herself as a zava the hefsek tahara is rabbinic. Some are concerned and maintain that since we are stringent to consider a nidda a possible zava, perhaps the hefsek tahara examination should be considered a possible Torah obligation (see below, note 4; Avnei Shoham 196:1; Mishmeret Ha-tahara 10:3).
The immersion of a nidda is not written explicitly in the Torah, only the waiting of seven days. Halakhically, it is agreed that the immersion of a nidda (and a zava) is from the Torah, but the Rishonim disagreed about its source. According to Rav Yehudai Gaon, it is learned by an a fortiori argument: if one who touches a nidda or her vessels becomes impure and requires immersion (Vayikra 15:19-22), certainly the nidda herself requires immersion in order to become pure. According to Rabbeinu Tam, it is learned from the verse (Bamidbar 31:23): “Any article that can withstand fire – these you shall pass through fire and they shall be clean, except that they must also be purified with water of nidda,” which the Sages expounded (Avoda Zara 75b): “Water in which a nidda immerses” – thus a nidda must immerse in water to become pure. According to Ri, it is learned from the verse (Vayikra 15:33): “And concerning her who is in her menstrual infirmity,” which they expounded (Shabbat 64b): “She remains in her nidda state until she enters the water” (the three views are cited in Tosafot, Yevamot 47b, s.v. “bi-mkom”). According to Rambam (Issurei Bi’ah 4:3), the Sages derived a general principle from the verse (Vayikra 15:18): “And if a man lies with a woman and has an emission of semen, they shall bathe in water and remain impure until evening” – that all impure people require immersion in order to become pure. According to R. Ḥayim Paltiel (on Vayikra 15:33), a nidda is compared to a zav: just as a zav requires immersion, so a nidda requires immersion. - “Close to sunset” is the time of minḥa ketana – two and a half proportional hours before sunset (R. Yehuda in the Mishna, Nidda 68a; Gra 196:4; Peninei Halakha: Prayer 24:7, note 9). An examination after sunset is not effective (Beit Yosef, Baḥ, Perisha, and others). However, in a pressing situation, some say, based on a combination of doubts, that one may be lenient up to thirteen and a half minutes after sunset (Taharat Ha-bayit, p. 277 ff.; see Avnei Shoham 196:1:5). The accepted ruling is not to be lenient about this, for we find that in order that the laws be clear to all, they were stringent to observe seven clean days for every drop of blood (above 1:7), and likewise regarding sunset the halakha is clear and definite. However, in a case of especially great need, one may be lenient according to the rules of doubt. And when the doubt is whether sunset had arrived, one may be lenient even when it is not a pressing situation. In these complex questions it is proper to ask a Torah scholar.
Generally, a hefsek tahara can be performed only several days after the onset of the period, and as long as it is performed after the first day of the onset of bleeding, according to most Rishonim it may be performed le-khatḥila from the beginning of the day (Ra’avad, Ramban, Rashba, Ran, and others). Some say that if at the beginning of that day she still saw blood, even if it is not the first day of her bleeding, the hefsek tahara examination must be close to sunset (Sidrei Tahara 9; Ḥavot Da’at 1, based on Rashi and Tosafot). In practice, the ruling is that le-khatḥila she should examine close to sunset, and in a time of need from the beginning of the day (Beit Yosef and Rema, OḤ 196:1; Rashak; Maharal Tzintz YD 9; Tiferet Tzvi vol. 2, 13:3; Leḥem Ve-simla 3, and others). Just as a morning hefsek tahara is effective, so too one performed the previous evening is effective for the following day (Ḥadrei De’ah 196:1; Or Le-Tziyon vol. 1, YD 7).
In the rare case where on the first day of her bleeding she also stopped bleeding, and there is also no obstacle to beginning to count due to the law of one who discharges semen (below, halakha 5), according to many, since the first day is presumed to be entirely impure, only if she performs the hefsek tahara examination close to sunset and also examines herself during bein ha-shemashot with a mokh dakhuk (a cloth inserted and left in place) may she begin the seven clean days (Ramban 2:1; Ḥinukh 207; Rambam, Hilkhot Issurei Bi’ah 6:20, as explained by Maggid Mishneh and Beit Yosef; SA YD 196:2, and many Aḥaronim). Some say that a morning examination suffices (Ra’avad, Rashba, and Rabbeinu Yeruḥam). Some say that be-di’avad, even without a mokh dakhuk examination she may begin the seven clean days, provided that the hefsek tahara was close to sunset (Rema; Levush; Leḥem Ve-simla 4; Taharat Ha-bayit, p. 302). Some are stringent that even when her bleeding stopped, she began the seven clean days, and then saw blood again, her status is like one who sees on the first day (Shakh 196:6). But in practice, seeing blood in the middle of the seven clean days is not considered the first day of her impurity, and her status is like one who sees from the second day onward (Tiferet Tzvi 196:6; Levushei Oz, p. 437).