The Presumption of Purity
חזקת טהרה
Every woman who has become pure through proper immersion is presumed pure for her husband, and she may have relations with her husband without any examination and without concern that perhaps she saw blood. On the contrary, the Sages said (Nidda 12a) that it is preferable that she not examine herself before relations, so that her husband will not be troubled by doubts, thinking that perhaps his wife is examining herself because she felt that her period had begun, and she did not see blood in her examination because she did not examine properly, or because the blood was absorbed and lost, or because the bleeding has not yet begun but will begin during relations. After relations as well, it is preferable that she not examine herself, because it is not proper to raise doubts about the mitzva of ona that they have already fulfilled, lest they become troubled by doubts and in the future be apprehensive about fulfilling the mitzva. This is what the Sages said (Nidda 15a): “All women are presumed pure for their husbands,” and even “those returning from a journey – their wives are presumed pure for them.” A man need not be concerned that perhaps while he was away from home his wife did not pay attention to her purity, and perhaps she saw blood without being aware of it; therefore, even when she is asleep, he may come and lie beside her. However, at the time of her expected period (onat vestah), that is, at a time when there is a reasonable concern that she will get her period, they must refrain from relations, as will be explained in the following halakhot.¹
However, not close to relations and unconnected to them, it is a virtue for a woman to examine herself frequently, because it sometimes happens that the period arrives at an unexpected time, and through these examinations she will know it (Nidda 13a). In the past, when means of wiping were less available, and there were no restrooms where one could relieve oneself comfortably and privately, only women who were especially meticulous about their cleanliness and purity examined themselves each time they relieved themselves. Today, however, almost all women are meticulous about this, in that they look at their underwear or at the toilet paper with which they wiped after using the bathroom, and thereby they know whether their period has begun. However, a woman who is liable to find stains during her days of purity, due to wounds she has, or due to an intrauterine device (IUD) or hormonal pills, or for other reasons, is better off not looking at the toilet paper at the beginning of wiping, so that she will not be troubled by stains. For the purpose of these examinations is to know whether an unexpected period has arrived, not to check whether there are stains.²
Notes (2)
- In Nidda 11a, the Mishna states that a woman must examine herself before relations. The Gemara there (11b) explains: “Rav Yehuda said in the name of Shmuel: They taught this only with regard to taharot (ritually pure foods), but for her husband she is permitted” without an examination. That is, when a woman needed to examine herself morning and evening for the sake of taharot, they required her to examine herself before relations as well, but when she does not examine herself for taharot, she need not examine herself before relations. Further on in the Gemara there (12a): “R. Zeira asked Rav Yehuda: May a woman examine herself for her husband (as a pious practice before relations)? He said to him: She should not examine. But let her examine – what harm is there? If so, his heart will trouble him and he will separate.” Rav Huna answered likewise, that for this reason one should also not examine after relations. And so ruled most Rishonim: Rashi, Tosafot, Ritva, Semag, Terumah, Roke’aḥ, Mordekhai in the name of Rashbam, Ra’avad, and others. According to them, this is the law both for a woman who has a fixed veset and for a woman who does not have a fixed veset.
On the other hand, some learn from the continuation of the Gemara (12b) that the halakha follows R. Ḥanina ben Antigonus, that she must examine herself for her husband as well; however, they disagree about the interpretation of his words. According to Rabbeinu Ḥananel, a woman who does not have a fixed veset must always examine herself before and after relations. Rosh took his view into account, and so ruled Rambam, and SA YD 186:2 cites their view as a second opinion (and Torat Ha-shelamim 2 and Ḥavot Da’at 2 even understood that SA YD holds this way in practice). According to Rambam (Issurei Bi’ah 4:16), even a woman who has a fixed veset must examine herself after relations, and his view is cited in his name in SA YD 186:1. According to Rif, Ramban, and Rashba, the meaning is that a bride who does not have a fixed veset must examine herself the first three times after her wedding, to make sure that she does not see blood as a result of relations.
In practice, since according to most Rishonim one should avoid examinations lest his heart trouble him, one should not be stringent in accordance with those who require an examination, for this stringency is a leniency with regard to the mitzva of ona (see SA YD and Rema 186:1; Rema 184:1). Even if the husband wishes to be stringent and asks his wife to examine herself, it is proper that he refrain from this, so that they will not arouse anxieties for themselves in this matter. So wrote Sidrei Tahara 190:67 and Pardes Rimonim 186, Siftei Ḥakhamim 1. This is unlike the view of Pleti 186:1 and Shulḥan Arukh Ha-Rav 184:3, who held that if the husband asks her to examine, there is no concern that his heart will trouble him. However, regarding the view of Rif, some rule in accordance with him, as explained below 8:16. - Nidda 13a, in the Mishna: “Any hand that examines frequently is praiseworthy among women.” Rashba wrote (Torat Ha-bayit, bayit 7, sha’ar 2) that the praiseworthy examinations are “specifically at a time when she is not about to have relations… but at a time when she is about to have relations – she does not examine.” It is sufficient to fulfill these enhanced examinations through external examinations, in the manner of wiping in the bathroom. And although according to most Rishonim ordinary examinations are inside the vaginal canal and wiping alone is not sufficient (above chapter 4, note 4), it seems that regarding these enhanced examinations, which are intended to determine whether the period has begun, they would agree that a wiping examination suffices (and so wrote Ḥavot Da’at 186, Bi’urim 1; Sidrei Tahara 184:13; Pri De’ah 186:1, regarding the examinations before and after relations the first three times, as explained below 8:16). On the contrary, since the purpose of the enhanced examinations is to check whether the period has arrived, it is preferable to perform them by wiping, so that if there are stains, they will not render her impure. Since wiping in the bathroom is done with paper, which is not susceptible to impurity, if blood is found on it, it does not render her impure under the law of stains (above 2:9). It turns out that on the one hand this fulfills the enhancement of an examination to know whether the period has begun, and on the other hand, if there is a stain, it will not render her impure.