diff --git "a/json/Halakhah/Mishneh Torah/Sefer Kedushah/Mishneh Torah, Forbidden Intercourse/English/merged.json" "b/json/Halakhah/Mishneh Torah/Sefer Kedushah/Mishneh Torah, Forbidden Intercourse/English/merged.json" new file mode 100644--- /dev/null +++ "b/json/Halakhah/Mishneh Torah/Sefer Kedushah/Mishneh Torah, Forbidden Intercourse/English/merged.json" @@ -0,0 +1,572 @@ +{ + "title": "Mishneh Torah, Forbidden Intercourse", + "language": "en", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Forbidden_Intercourse", + "text": [ + [ + "When a person voluntarily engages in sexual relations with one of the arayot1In Hilchot Ishut 1:5, the Rambam defines the term arayot as \"[Those women] with whom relations are forbidden by Scriptural Law and with whom relations are punishable by kereit as enumerated in Parshas Acharei Mot. mentioned in the Torah, he is liable for kerait,2Literally, the soul's being cut off. This involves premature death in this world (before the age of 50, Mo'ed Kattan 28a) and the soul not meriting a portion in the world to come (Hilchot Teshuvah 8:1). as [Leviticus 18:29] states: \"Whenever anyone performs any of these abominations, the souls will be cut off....\" [The plural is used, referring to] the man and the woman.3The prohibition and the punishment is incumbent on them both equally. If they transgressed unknowingly, they are liable to bring a fixed4This term is used to distinguish the sacrifice from the \"adjustable guilt offering\" (korban olah viyoreid) that is brought for certain transgressions. See Hilchot Shegagot ch. 1 which describes the fixed sin offering , and ch. 10 which describes the adjustable guilt offering. sin offering. There are some arayot with whom relations are punishable by execution5See Halachot 4-6. in addition to kerait which is applicable in all cases.6Even if they cannot be executed because the court cannot find two appropriate witnesses, they are punishable by kerait.", + "With regard to the arayot that are punishable by execution by the court. If there were witnesses, they delivered a warning,7See Hilchot Sanhedrin 12:2 which describes the obligation to give a warning and states: \"How is a warning administered? We tell him: 'Desist...\" or 'Do not do it. It is a transgression and you are liable to be executed by the court....'. and the transgressors did not cease their actions, they are executed through the means prescribed for them.", + "Even if a transgressor was a Torah scholar neither execution or lashes is administered unless a warning was given. For [the obligation for] a warning was instituted universally only to make a distinction between a person who transgresses inadvertently and one who transgresses intentionally.8The Rambam's ruling reflects a unique instance in which he uses the wording of a Talmudic passage for the opposite intent. Sanhedrin 8b quotes Rabbi Yossi bar Rabbi Yehudah as coining the expression the Rambam employs: \"A warning was instituted only to make a distinction between a person who transgresses inadvertently and one who transgresses intentionally.\" Rabbi Yossi, however, used this concept as support for his contention that a Torah scholar does not need a warning. Since he is knowledgeable, we assume that he is familiar with the laws. If he is transgressing, we can conclude that he is doing so as a conscious act of rebellion. Hence, he is deserving of punishment.
The Rambam differs, maintaining that even a Torah scholar might not be aware that his act violates a particular prohibition. We do not suspect that he did know the law, it was however possible that he was aware of the prohibition, but not know that it applied in this instance, e.g., he knew that adultery was forbidden, but did not know whether or not the woman was married or related to him. The warning will clarify that for him (Maggid Mishneh; Kessef Mishneh to Hilchot Sanhedrin, loc. cit.).
", + "Among the arayot punishable through execution by the court are those for [which the violators are] executed by stoning, those for which they are executed by burning, and those for which they are executed by strangulation.9See Hilchot Sanhedrin 15:1-5 for a description of these different modes of execution.
The following transgressions are punishable by stoning: one who has relations with his mother, with his father's wife,10Even if she is not his mother. his son's wife; she is called his daughter-in-law,11The wording of the Hebrew emphasizes that his son married the woman, not merely engaged in relations with her. one who sodomizes a male, a male who has relations with an animal, and a woman who has relations with an animal.", + "The following arayot are punishable by burning: a person who has relations with his wife's daughter12I.e., from a previous marriage. during his wife's lifetime,13After his wife's death, her daughter is still prohibited to him and they are punishable by kerait. There is, however, no punishment to be administered by an earthly court. As stated in Chapter 2, Halachah 8, this applies to any woman prohibited because they are closely related to the person's wife. with the daughter of her daughter, with the daughter of her son, with her mother, with the mother of her mother, with the mother of her father, with his own daughter, with the daughter of his daughter, or with the daughter of his son.", + "The only instance in which forbidden sexual relations are punishable by execution by strangulation is adultery, as [derived from Leviticus 20:10]: \"The adulterer and the adulteress shall surely be put to death.\" Whenever the Torah mentions \"putting to death\" without further description, the intent is strangulation.14Sanhedrin 52b explains the rationale for this statement as follows: Just as death at the hand of heaven does not leave a mark; so, too, unless another form of execution is explicitly stipulated, death at the hand of the court should not leave a sign. This alludes to strangulation in which the condemned's body is not marred at all.
If [the adulteress] is the daughter of a priest, she should be executed by burning and the adulterer by strangulation, as [ibid. 21:9] states: \"The daughter of a priest, when she begins to act promiscuously, she shall be burnt with fire.\"15See Chapter 3, Halachah 3. If the adulteress is a consecrated16According to Jewish law, marriage is a two-staged process involving consecration (erusin or kiddushin) and marriage (nissuin). Consecration establishes the bond between a man and a woman. From that time onward, she is forbidden to engage in relations with other men. It is not until marriage, however, that the husband and wife relationship is consummated and the couple begin their life together.
In the present era, both of these stages of marriage are completed at the same time. In the Biblical and Talmudic eras, it was customary to wait a year between these two stages.
maiden,17I.e., between the age of twelve and twelve and a half and she is a virgin. Otherwise, adultery is punished by strangulation. both she and the adulterer should be stoned,18See Chapter 3, Halachah 4. as [Deuteronomy 22:23-24] states: \"When a virgin maiden.... they shall be stoned with rocks....\" Whenever the Torah uses the phrase \"They shall surely be put to death, they are responsible for their own blood\" [Leviticus 20:11] - they are executed by stoning.19Sanhedrin 53a derives this concept from the fact that this phrase is used with regard to a person who divines with a yidoni concerning whom Leviticus 20:27 explicitly states that he should be stoned to death.", + "All of the other arayot are punishable by kerait alone and are not punishable by execution by the court. Therefore if there were witnesses and a warning was administered, the court punishes them with lashes, for all those who are obligated for kerait are lashed.", + "When a person enters into relations with women who are forbidden by merely a negative commandment,20I.e., the punishment of kerait is not mentioned with regard to them. They include nine forbidden relationships, e.g., a mamzer or a mamzeret to an acceptable Jew or a divorcee to a priest. These nine are mentioned in Hilchot Ishut 1:7. both he and she are lashed. If they do so unknowingly, they are not liable for punishment. When a person enters into relations with one of the shniyot,21Literally, \"secondary.\" In Hilchot Ishut 1:6, the Rambam explains that this term refers to \"women with whom relations are forbidden according to the Oral Tradition. These prohibitions are Rabbinic in origin.\" He continues listing 20 such women with whom our Sages forbade relations as a safeguard for the Scriptural prohibitions. For example, as a safeguard against relations with one's mother, the Sages forbade relations with both of one's grandmothers. Rabbinic Law ordains that he be given \"stripes for rebellious conduct.\"22Lashes mandated by Rabbinic decree which are given as punishment for the violation of Rabbinic commandments and for other purposes. See Hilchot Sanhedrin 16:3, 18:5, which mentions this punishment. When, however, a person enters into relations with a woman who is forbidden merely by a positive commandment,23Relationships which the Torah does not explicitly prohibit, but the prohibition can be derived from a positive commandment. For example, there is no prohibition against a High Priest marrying a non-virgin. Nevertheless, since he is commanded (Leviticus 21:13 to marry a virgin bride, we assume that it is forbidden for him to marry a woman who is not a virgin. There are two other such relationships: Egyptian and Edomite converts who cannot marry into the Jewish people until the third generation. See Hilchot Ishut 1:8. he need not be punished. If, however, the court [wishes to] administer stripes for rebellious conduct to him to distance him from sin, they have that option.24See Hilchot Sanhedrin 24:4 which states that the court may administer punishment that is not required by Torah Law if they feel that it will lead to the moral development of the Jewish people.", + "A person compelled [to engage in forbidden relations] is not liable at all, not for lashes nor for a sacrifice. Needless to say, there is no obligation for capital punishment, as [reflected by Deuteronomy 22:26]: \"And to the maiden, do not do anything.\"25The verse cited speaks of the rape of a consecrated maiden in a field where even if she had called for help, there would have been none to save her. Since she was compelled to perform the transgression, she is not held responsible.
To whom does the above apply? To the victim of rape. When, by contrast, a man engages in relations, there is no concept of being compelled against his will. For an erection is always a willful act.26The Ra'avad takes issue with the Rambam on this point, explaining that if a man develops an erection with the intent of having relations with his wife and while he is still erect, he is compelled to engage in forbidden relations, he is considered to have acted against his will. The Maggid Mishneh states that even the Rambam would accept such a ruling.
The Maggid Mishneh states, however, that there are authorities who maintain that if a man is compelled to engage in relations at the pain of death, he is considered to have been compelled to act against his will. Yevamot 53b, the source for the Rambam's ruling, is speaking about a situation when a person is not compelled by forces beyond his control. Other authorities maintain that he is liable, even in such a situation. It is, however, unlikely that the Rambam would maintain that the court should actually carry out capital punishment. For in Hilchot Yesodei HaTorah 5:4, the Rambam writes that a person who is compelled by gentiles to engage in adulterous or incestuous sexual relations should sacrifice his life rather than do so. If, however, he fails to chose martyrdom and transgresses, he should not be punished by the court. It would be difficult to explain that ruling applies only in a situation when he had already developed an erection for a woman with whom he was permitted to engage in relations and was then compelled to engage in forbidden relations. Thus it would appear that the man is not held responsible for capital punishment engaging in relations at the threat of death. [See Bayit Chadash (Yoreh De'ah 20)].
See also the Kessef Mishneh to Hilchot Sanhedrin 20:2 who states that since developing an erection comes as a result of the man's own pleasure and desire, he is considered to have acted willingly even though he was compelled to engage in the relations.

When a woman is compelled into relations at the outset and afterwards, she consents, she is not liable. Once [a man] compels her to engage in relations, it is beyond her control whether to desire [or] not. For man's natural tendency and inclination is compelling her to desire.27Ketubot 51a states that even if the woman says: \"Let him continue, for had he not taken me by force, I would have hired him,\" she is considered as acting under duress and freed of liability. For it was not until after she was overcome by desire that she consented.", + "A person who inserts the corona into [the woman's vaginal channel] is referred to as one who \"uncovers\" as [Leviticus 20:18] states: \"He uncovered her source.\"28This expression is used with regard to relations with a woman in the nidah state. From that instance, Yevamot 54a derives a connection to the entire Torah. A person who inserts the entire organ is referred to as one who completes [intercourse]. With regard to all the forbidden relations [mentioned] by the Torah, one who \"uncovers\" and one who \"completes [intercourse] are [equally] liable for execution by the court, kerait, lashes, or stripes for rebellious conduct. Even though the man did not ejaculate and even if he withdrew and did not complete relations, [the man and the woman] both become liable.29If, however, the man merely touches the entrance to the vaginal channel with his organ, he is not liable (see Beit Shmuel 20:3). Whether a person engages in vaginal or anal intercourse,30Based on Leviticus 19:13, Sanhedrin 54a states that both forms of intercourse are equally forbidden. when he \"uncovers\" [the woman], they both become liable for execution, kerait, lashes, or stripes for rebellious conduct. Whether they were lying or standing,31Or Sameach notes that Leviticus 18:23 explicitly mentions a woman standing while engaged in forbidden relations. liability is established by the insertion of the corona.", + "[There is never any liability when] a man engages in forbidden relations without an erection, instead his organ was hanging loosely like the organ of the dead, e.g., one who was sick or a person with a congenital malady, i.e., he was born sexually inadequate. Even though he inserts his organ with his hand, he is not liable for kerait or lashes. Needless to say, he is not liable for execution. For this is not considered sexual intercourse. Nevertheless, [such an act] disqualifies a woman from partaking of terumah.32I.e., if a priest's daughter or a priest's wife is involved in such a sexual act, she is forbidden to partake of terumah just as if she would be forbidden to do so had she engaged in ordinary relations (see Hilchot Terumah 6:6). And the court subjects both of them to stripes for rebellious conduct.33\"Stripes for rebellious conduct\" is a punishment which is not dependent on the Torah's binding laws, but rather is left to the court's jurisdiction based on its conception of what is appropriate for the moral standards of the persons involved and the community. Although such an act is not formally considered as sexual relations, chastisement is necessary to prevent such behavior from continuing.", + "When a person enters into sexual relations with one of the arayot as a casual act,34The Hebrew term kimitasek literally means \"as one was going about his business,\" i.e., he was performing other actions and without any intent, the forbidden act was performed. although he did not intend to do so, he is liable.35Since he derived pleasure from the physical act, he is liable even though originally he had no intent (Yevamot 62b).
This refers only to liability for a sin offering for inadvertent transgression. Needless to say, he is not liable for punishment by the court, because in such instances, he must acknowledge a warning (Maggid Mishneh).
The commentaries question how sexual relations can be performed \"as one was going about his business.\" With regard to the Sabbath prohibitions, we can appreciate the use of such a term. For example, a person intended to cut produce that was not connected to the ground and in the course of doing so also cut produce that was connected to the ground. But with regard to sexual relations, how is it possible to say that a man performed the act without intention? As stated above, \"an erection is always a willful act.\"
Based on Hilchot Shegagot 2:7, the Maggid Mishneh interprets this as referring to an instance in which a person intended to engage in relations with his wife, but accidentally engaged in relations with his sister.
Similar concepts apply with regard to one who enters into relations with women forbidden by a negative commandment alone or with one of the shniyot.36The Ra'avad questions the Rambam's statements and the Maggid Mishneh states that this clause is a printing error, for there is no sacrifice associated with these transgressions. The Kessef Mishneh offers a resolution, explaining that although he is not punished by an earthly court, nor is he obligated to bring a sacrifice, the transgressor is liable to God. He will reckon with the transgression on His scales of judgment. Rav David Arameah states that this teaches that the person has an obligation to confess his sin.
When, however, a man has relations with one of the arayot after she died, he is not liable at all.37Yevamot 55b derives this concept through the techniques of Biblical exegesis. Needless to say, this applies with regard to those women with whom relations are forbidden by a negative commandment alone. When, by contrast, one has relations with a person who is trefe38An animal or a person that is sick or wounded and will die within a year. or who has relations with an animal which is trefe, he is liable. [The person or the animal] is [now] alive even though he will ultimately die from this illness. Even when the two signs39I.e., the esophagus and the windpipe were cut. which validate ritual slaughter were slit but [the woman or the animal] is making its last movements, if one enters into relations with [her or it] he is liable until she or it dies or is decapitated.", + "When an adult male enters into relations with any of the women forbidden in connection with the above transgressions who is three years and one day old or more,40I.e., she reaches the date of her third birthday. he is liable for execution, kerait, or lashes and she is not liable41For a minor is never liable for punishment. Even though she consented to the transgression, she is not subjected to punishment, because she is not considered as responsible for her actions (Nidah 44b). Despite the fact that the woman is not punished, the man receives the punishment mandated by the transgression. unless she is past majority. If she is younger than this, both participants are not liable, for the act is not considered as sexual relations.42For until that age, her signs of virginity will regenerate and hence, relations are not of consequence. Nevertheless, even when the girl is below that age, it is forbidden to enter into such relations (the Rambam's Commentary to the Mishnah, Sanhedrin 7:4).
Similarly, when an adult woman enters into sexual relations with a minor, if he is nine years and one day old, she is liable for execution, kerait,43In his commentary to the Mishnah (ibid. ), the Rambam states that the punishment of kerait is not given until the violator is 20 years of age. Until that age, the person is considered immature and hence, not held liable by the heavenly court. or lashes and he is not liable. If he is younger than nine years old, they are both free of liability.44For below that age, relations are not of consequence.", + "When a man enters into relations with a male or has a male enter into relations with him, once the corona is inserted [into the anus] they should both be stoned if they are both adults. As [Leviticus 18:22] states: \"Do not lie with a man,\" [holding one liable for the act, whether] he is the active or passive partner.
If a minor of nine years and a day or more is involved, the man who enters into relations or has the minor enter into relations with him should be stoned and the minor is not liable. If the male [minor] was less than nine years old, they are both free of liability.45For sexual relations with a male below the age of nine are not of consequence. Nevertheless, it is forbidden to enter into such relations (the Rambam's Commentary to the Mishnah, Sanhedrin 7:4). It is, however, appropriate for the court to subject the adult to stripes for rebellious conduct for homosexual relations46Although he is not liable according to Scriptural Law, his act certainly warrants punishment that will discourage him from continuing this pattern of conduct. although his companion was less than nine years old.", + "One is liable for anal intercourse with an androgynus47A person with male and female sexual characteristics. just as one is liable for relations with another male. One who engages in vaginal intercourse with [an androgynus] is not liable.48For there is a doubt regarding the halachic status of such an individual.
There is a doubt concerning the gender of a tumtum.49A person whose genital area is covered with a mass of flesh and whose gender is impossible to detect. With regard to an androgynus, the doubt concerns the individual's halachic status. With regard to the tumtum, the doubt concerns the actual facts: Which gender is covered by the mass of flesh? Therefore a person who has relations with a tumtum or vaginal intercourse with an androgynus should be given stripes for rebellious conduct.50Since there is a possibility that such relations are prohibited, this punishment should be given to discourage them.
An androgynus may marry a woman.51I.e., although there is a question regarding the status of the androgynus, relations between him and her are permitted (Maggid Mishneh).", + "When a person sodomizes an animal or has an animal insert its organ in him, both the person and the animal should be stoned to death,52Since the animal was the direct cause for the person's death, the animal is also executed. Alternatively, since the person was engaged in an unseemly transgression due to the animal, it is executed (Sanhedrin 54a). as [Leviticus 18:23] states: \"Do not lie down with any animal,\" prohibiting [such relations] whether he sodomizes the animal or has the animal enter him. All [living creatures] animals, beasts, and fowl should be stoned to death.53And it is forbidden to benefit from that animal (Hilchot Issurei Mizbeach 4:2). The Torah did not make any distinction with regard to the age of an animal whether it is young or old. \"Any animal\" implies a prohibition on the day of its birth. Whether the person enters into vaginal or anal intercourse with the animal, when he inserts the corona or the animal inserts the corona within him, they are liable.", + "When a boy nine years old sodomizes an animal or has an animal engage in relations with him, the animal should be stoned, but he is not liable.54For a minor is never liable for punishment. Sanhedrin 55b explains that based on the first rationale mentioned previously in note 52, one might think that the animal should not be executed. Nevertheless, the person is worthy of execution because of his deed, it is only that the Torah has pity on him. And the Torah has pity on the person and not on the animal. If the boy was less than nine years old, the animal is not stoned. Similarly, when a girl three years old or more causes an animal or a beast to have relations with her, whether it is an older animal or a younger animal, once the corona of the animal is inserted into her vagina or anus, the animal is stoned to death and she is not liable.55For she is not of age. If she was past majority, they both should be stoned to death. If she was less than three years old, the animal should not be stoned.56For this is not considered relations.", + "When a person lies with an animal inadvertently or a woman causes an animal to have relations with her inadvertently,57The question how such acts can be considered inadvertent has been raised by the commentaries. Among the answers given is that the person was not aware that the act which he performed was forbidden. the animal is not stoned to death even though they are past majority.58Since the person is not executed, according to the first of the rationales mentioned above, the animal should not be executed. Since our Sages did not conclude which of the rationales should prevail, the matter is left undecided and therefore the animal is allowed to live. With regard to [relations with] all the arayot, when one is an adult and the other a minor, the minor is not liable and the adult is liable, as explained. If one is awake and one is sleeping, the one who is sleeping is not liable.59The person sleeping is considered as if he performed the forbidden act under duress. If one [transgresses] intentionally and the other inadvertently, the one who [transgresses] intentionally is liable60For punishment by the court or at the hand of heaven. and the one who transgresses inadvertently must bring a sacrifice. If one acted under duress and one acted willingly, the one who acted under duress is not liable as stated above.61Halachah 13.", + "The witnesses are not required to see [the precise details] of couple's intimate relations, the man inserting [his organ]as one inserts a piston into a pipe. Instead, once they see them clinging together as is the way of all who engage in relations, they may be executed on the basis of this evidence. We do not say: Maybe he did not insert the corona, because we can assume that in this position, the corona was inserted.62This and the following halachot are based on the principle that a chazzakah, a presumption that is firmly established, is binding and considered as actual fact.", + "When an established presumption that people are close relatives has been established, we judge accordingly even though there is no clear proof that they were relatives.63I.e., as long as it is the popular conception that two individuals are related, we judge accordingly. It is not necessary for the court to bring testimony from the midwife that in fact this-and-this woman bore this-and-this child. We give lashes and execute by burning, stoning, and strangulation based on such a presumption.
What is implied? If it is an accepted presumption that a particular woman is a man's sister, daughter, or mother and he had relations with her in the presence of witnesses, he is given lashes or executed by burning or stoning even though there is no clear-cut evidence that the woman is his sister, mother, or daughter, only the accepted presumption.
An incident occurred with a woman who came to Jerusalem carrying an infant on her shoulders and she raised it, [establishing] the assumption that he was her son. [After he grew older,] he had relations with her and they brought her to the court who executed her by stoning.64The punishment given for relations between a mother and her son.
A proof of this law can be drawn from the fact that the Torah speaks of the judgment of execution for one who curses his father and strikes his father65Exodus 21:15, 17. How can we find clear proof that he is his father?66For we have no way of establishing the fact that his father conceived him. Instead, we operate according to the existing presumption. So, too, with regard to other relatives, we operate according to the existing presumption.", + "[The following rules apply when] a man and a woman come from overseas, he says: \"This is my wife,\" and she says: \"This is my husband.\" If in [their new] city, he establishes the presumption that she is his wife67By living together as husband and wife in a way obvious to all. for 30 days,68We see the concept of 30 days used to establish a person's identity in another context: After that period of time, his name may be mentioned in a legal document without fear of deception (Chelkat Mechokek 19:3; see Hilchot Malveh ViLoveh 24:4).
Although capital punishment is not enforced in the present age, there are certain aspects of this halachah which are relevant, for there are several halachic contexts in which it is necessary to determine whether or not a woman is married. Today, with the advances in recording keeping and communication, it is customary for the Jewish community - particularly, in Eretz Yisrael and in a partial way, in certain places in the Diaspora - to keep records and to be able to verify whether or not a couple are married.
we execute [an adulterer who has relations] with her. Within 30 days, however, we do not execute anyone on the presumption that she is a married woman.69The transgressors are given \"stripes for rebellious conduct\" for certainly there is at least a possibility that the couple who claim to be husband and wife are married (Rabbi Akiva Eiger to Halachah 15).", + "When a woman is presumed to be a niddah among her neighbors,70I.e., she wore clothes that she set aside to wear while she is in her niddah state. See Turei Zahav 185:2 who states that even if the woman later gives an explanation for her conduct, her explanation is not accepted and we consider her status to have changed. The Siftei Cohen and others, however, differ. See Chapter 4, Halachah 10. her husband is given lashes for [engaging in relations] with her in the niddah state.71A man is forbidden to have relations with a woman while she is in the niddah state. In this instance, although we do not know for certain that she was in the niddah state, we act according to the presumption created by her conduct.
[The following rule applies when] a person issues a warning [not to enter into seclusion with a specific man]72When a man issues such a warning to his wife and she violates it, he is forbidden to engage in relations with her until she drinks the sotah waters (Hilchot Sotah 1:2). to his wife and she enters into seclusion with him. If one witness comes and testifies that she was unfaithful,73In which instance, she is not given the sotah waters to drink. Instead, her husband is required to divorce her (ibid.:14). her husband was a priest, and he engaged in relations with her afterwards, he receives lashes because of her because he had relations with a zonah.74The term zonah is halachicly defined as any woman who engages in relations with a man forbidden to her. The term literally means \"a prostitute\" or \"a promiscuous woman.\" Here, however, the term is given the specific halachic meaning mentioned above. Whether she willingly or unwillingly engages in such relations, she is placed in this category. A priest is forbidden to engage in relations with such a woman. See Chapter 18, Halachah 12. Although the fundamental element of this testimony is established by one witness,75One might think that it was necessary for the change in the status of the woman to be established through the testimony of two witnesses. [her conduct caused] her identity to be established as a zonah.76I.e., since she violated the warning her husband gave her, we assume that she acted unfaithfully. Hence, the testimony of one witness is sufficient to bring about a change in her status.
The Ra'avad differs with the Rambam and maintains that the man is given lashes for violating a different prohibition, the prohibition against relations with a wife who has been unfaithful. The Ra'avad, however, speaks of the woman being raped and maintains that a woman is not placed in the category of a zonah when only one person observes her being raped.
The Maggid Mishneh questions the Ra'avad's statements, noting that the Rambam does not mention rape at all. The Maggid Mishneh also states that the Rambam does not require lashes when a man engages in relations with his wife after she was unfaithful. The Kessef Mishneh questions that statement, noting that in Hilchot Gerushin 11:14, the Rambam specifically rules that a man is given lashes in such a situation. See also the notes to Chapter 18, Halachah 7.
", + "When a father says: \"My daughter is consecrated to this person,\" his word is accepted77We are speaking about a girl who is a na'arah between the age of twelve and twelve and a half. Her father has the right to consecrate her to whoever he desires. Therefore we accept his word when he states that he consecrated her, as Deuteronomy 22:16 states: \"I gave my daughter to this man\" (Kiddushin 64a).
(A father's word is also accepted with regard to consecrating his daughter is she is younger. We are, nevertheless, compelled to say that here we are speaking about a na'arah, because punishment is mentioned and a girl below the age of twelve is never punished by the court.)
and she must marry him.78Or undergo formal divorce proceedings before marrying another man. [Nevertheless,] if she acts unfaithfully while [consecrated] to him, she is not stoned to death79The punishment given for relations with a consecrated maiden. because of her father's statements unless there are witnesses [who testify] that she was consecrated in their presence.80Although the father's statement is given a certain amount of legal credibility, it is not considered as sufficient basis for capital punishment (Kiddushin 63b).
Similarly, when a woman states: \"I have been consecrated,\" [if it is discovered that she engaged in relations with another man,] she is not executed on the basis of her own statements. Instead, there must be witnesses [that she was consecrated] or she must have established a common conception [that this was the case]." + ], + [ + "The [following] four women: the wife of a man's father, the wife of his son, the wife of his brother, and the wife of the brother of his father, are considered an ervah1The singular of the term arayot mentioned in the first chapter. for him forever, whether after consecration or after marriage, in the lifetime of their husbands or after their deaths, [even] if they were divorced - with the exception of the wife of one's brother who did not leave a son.2When a man dies childless, one of the brothers of the deceased is obligated to marry his widow to propagate his name. This obligation, yibbum in Hebrew, is described in Deuteronomy, ch. 25, and in Hilchot Yibbum ViChalitzah.
If a man engages in relations with one of these woman during the lifetime of their husbands, he is liable for two [sin-offerings3I.e., if he transgresses inadvertently. If he transgresses intentionally, he is liable for execution, by stoning for relations with his father's wife and his son's wife, and by strangulation for relations with his brother's wife and the wife of his father's brother. (For the latter two transgressions are punishable by kerait and so he receives the penalty for adultery alone.)]: for incestuous relations and adulterous relations, for both of these prohibitions take effect at the same time.4See Chapter 17, Halachah 8, and notes where this concept is explained.", + "Therefore a person who engages in relations with his mother who is his father's wife is liable for two [sin-offerings], one because [the woman is] his mother and one because she is his father's wife. [This applies] both during his father's lifetime and after his father's death.5Since the Rambam speaks of laws that apply after the father's death, he mentions only two prohibitions. During the father's lifetime, he is liable for a third prohibition: relations with a married woman.
The wives of both a person's paternal brother and his maternal brother are considered an ervah for him. [This applies regardless if he and/or his brother were conceived] in marriage or in a promiscuous relationship.6For the prohibition against relations with all blood relatives applies regardless of whether the person was conceived within marriage or outside of it. The wife of the maternal brother of a man's father is, however, forbidden [only] as a shniyah, as explained.7Hilchot Ishut 1:5. This is merely a Rabbinical prohibition. Both a person's paternal sister and his maternal sister are considered an ervah for him. [This applies regardless if he and/or his sister were conceived] in marriage or in a promiscuous relationship, e.g., his mother or his father acted promiscuously with others and his sister was conceived promiscuously, as [implied by Leviticus 18:9]: \"one born at home or one born beyond [marriage].\"", + "The daughter of his father's wife who is his paternal sister is an ervah for him, [as ibid.:11] states: \"the nakedness of the daughter of your father's wife, your father's offspring.\" If, however, a man's father marries a woman and she has a daughter from another man, that daughter is permitted to him.8Even if they were raised in the same household like a brother and a sister, marriage between them is permitted. We are not considered with the possible impression such a union might create [Shulchan Aruch (Even HaEzer 15:11)]. She is not \"your father's offspring.\" Behold one is already liable for [relations] with her because she is a sister, why then [does the Torah mention]: \"the daughter of your father's wife\"? So that one should be liable for this prohibition as well.9And thus be required to bring two sin offerings.", + "Therefore a man who engages in relations with his sister who was born to his father's wife in marriage is liable for two [sin offerings]: one because of \"the nakedness of your sister\" and one because of \"the nakedness of the daughter of your father's wife.\" If, however, one's father raped or seduced a woman and conceived a daughter, one is liable only for having relations with one's sister. For the daughter of the woman who was raped is not the daughter of the wife of one's father.10This applies even if afterwards, the father marries the woman who he raped or seduced (Minchat Chinuch, mitzvah 196).", + "The sister of his mother is considered an ervah for him. [This applies to both her paternal and maternal sister and applies regardless whether she [was conceived] in marriage or in a promiscuous relationship. Similarly, his father's sister - both his paternal and maternal sister, whether she [was conceived] in marriage or in a promiscuous relationship - is considered an ervah for him.", + "When a person has promiscuous relations with a woman and conceives a daughter with her, that daughter is considered an ervah for him.11The fact that her mother was not married to him is not significant. Although the Torah does not state: \"Do not reveal the nakedness of your daughter,\" the prohibition is of Scriptural origin. Since [the Torah] forbade [relations] with the daughter of one's daughter, it did not mention [the prohibition against] one's daughter. This is not from the words of our Sages.12The Rambam's statements touch on an involved issue. In his Sefer HaMitzvot (General Principle 2), he writes that every concept derived through the principles of Biblical exegesis has the power of Scriptural Law. Nevertheless, commandments derived through these principles are not considered as part of the 613 mitzvot, but are instead \"from the words of our Sages.\"
The prohibition against relations with one's daughter, the Rambam states, is not in that category. Although it is not explicitly mentioned in the Torah and Sanhedrin 76a uses different principles of exegesis to derive it, it is not \"from the words of our Sages.\" Instead, it is as if it was explicitly stated in the Torah. From Hilchot Ma'achalot Assurot 9:2, it appears that the Rambam's intent is that since the Torah mentions the prohibition against relations with the daughter of one's daughter, the prohibition against relations with one's daughter is obvious. There is no need for the Torah to mention it. It must be mentioned that many other authorities do not follow the same understanding as the Rambam and consider concepts derived through the principles of Biblical exegesis as fully binding Scriptural Law. According to their understanding, there is no difficulty with the prohibition against relations with one's daughter being considered of Scriptural origin.
Therefore a person who has relations with a daughter born of his wife is liable for two [sin offerings],13From the Ra'avad's statements, it appears that he does not require a sin offering for relations with one's daughter. The parenthesis are based on the understanding of the Maggid Mishneh. for [relations with] his daughter and for relations with a woman and her daughter.14As stated in the following halachah.", + "When a person consecrates a woman, her close relatives - six women - become forbidden to him as an ervah forever. This applies whether he consummates [the bond through nisuin] or divorces her, in the lifetime of his wife and after her death. They are: a) her mother, b) her mother's mother, c) her father's mother, d) her daughter,15When stating this law, Shulchan Aruch (Even HaEzer 15:13) emphasizes that if a man rapes a woman, after her death, he may marry her daughter who was conceived by another man. The Ramah adds that even if the rapist marries her daughter during her lifetime, he is not compelled to divorce her. e) her daughter's daughter, and f) her son's daughter. If he has relations with one of these women during the lifetime of his wife, both [he and she] are executed by burning.", + "If he has relations with one of these women after his wife's death, they are liable for kerait,16This is based on the Rambam's understanding of Sanhedrin 76b. Rashi, the Ramban, and the Rashba differ and maintain that after the death of the man's wife, he is prohibited against relations with her close relatives, but is not liable for kerait. but they are not executed by the court, as [derived from Leviticus 20:14]: \"In fire, he and they shall be burnt.\" [This implies17The use of the plural term \"they\" should not be interpreted to mean that the man's wife should be executed by being burnt to death. For what evil has she committed? Instead, the intent is that only in her lifetime is the death penalty applied (Rashi, Sanhedrin 76b). that only] when both women - his wife and the woman with whom he had relations - are alive, he and the ervah are executed by burning. When both [women] are not alive, there is no execution by burning.18Sanhedrin, loc. cit., speaks about relations with one's mother-in-law, stating that only when one's wife is alive are these relations punishable by death. Since, however, the prohibition against relations with all the other five women mentioned above is derived from the prohibition against relations with one's mother-in-law, they are bound by the same laws (Maggid Mishneh).", + "Similarly, the sister of his wife is considered an ervah for him until his wife dies.19For Leviticus 18:18 explicitly states that the prohibition against relations with the sister of one's wife is \"in her lifetime.\" While the wife is alive, even if she is divorced, the man is forbidden to engage in relations with her sister [Shulchan Aruch (Even HaEzer 15:26)]. After his wife's death, however, he may marry her sister. Both her maternal sister and her paternal sister, whether conceived in marriage or promiscuously, are considered as an ervah for him.", + "If a man transgressed and engaged in relations with one of these seven women, whether intentionally or inadvertently, although he and the woman are liable for execution by the court or kerait, he is not forbidden to engage in relations with his wife.20For his wife has not transgressed and there is no reason that she should become forbidden. The only exception is [when he engages in relations with] the sister of the woman he consecrated. In this instance, his wife is forbidden to him, as explained in Hilchot Gerushin.21The Rambam is referring to Hilchot Gerushin 10:8-10 which states:
A man consecrated a woman, she journeyed to another country, the husband heard she died, and [then] married her sister. [If,] afterwards, it was discovered that she had not died, he must divorce both women.... Why did they require that the sister of the woman whom the man consecrated be divorced? Lest people say that the [first] kiddushin were given conditionally, [the condition was not fulfilled,] and thus the law would allow marriage to her sister. Since the [first] woman's sister was divorced... the man's first wife is also forbidden to him lest people think that he married his divorcee's sister.
The Maggid Mishneh explains that the Rambam maintains that a divorce is required only in such an instance. If, by contrast, he enters into promiscuous relations with the sister of the woman he consecrated, he may still marry her if she consents. This explanation resolves the protests made by the Ra'avad to the Rambam's statements.
", + "When a man engages in promiscuous relations with a woman, the seven relatives mentioned above are not forbidden to him [according to Scriptural Law].22For the verses (Leviticus 18:18, 20:14) on which these prohibitions are based mention \"taking,\" i.e., marriage. Nevertheless, our Sages23See Yevamot 97a. prohibited anyone who had promiscuous relations with a woman from marrying one of these seven relatives during the promiscuous woman's lifetime.24After her death, however, there are no restrictions on marrying her relatives (ibid., for the reason for the decree no longer applies. [The rationale is that] the promiscuous woman will come to visit her relatives. He will thus enter into solitude with her. [Since] he is familiar with her, we fear that they will transgress and thus he will engage in relations with an ervah.25For since he is married to one of her close relatives, she is an ervah for him.
Even if a man is merely suspected of relations with a woman,26In his Commentary to the Mishnah (Yevamot 11:1), the Rambam states that this applies when the suspicion is verified. he should not marry one of her relatives until the woman with whom he was suspected of having relations died. If, however, he married the relative of the woman with whom he was suspected of having relations, he should not divorce her.", + "When a person was suspected of having relations with an ervah or a rumor to that effect was circulated, he should not dwell together with her in the same lane or appear in the same neighborhood.27This ruling is derived from the law stated in the following clause of the halachah. The Ra' avad questions the Rambam's deduction, stating that extra stringency is appropriate with regard to one's mother-in-law, but otherwise, there is no need to enforce such a restriction. The Maggid Mishneh states that for that reason, lashes were given only with regard to one's mother-in-law, but agrees with the Rambam's ruling, stating that curbs should be placed on any conduct that may lead to promiscuity. See also Chapter 21, Halachah 27. An incident occurred concerning a man who was rumored [to have engaged in relations] with his mother-in-law and our Sages had him beaten28See Hilchot Sanhedrin 24:5 which states that a judge has the power to subject a person to lashes even if he is not liable according to Torah Law. because he passed by the entrance to her home.", + "When a person has promiscuous relations with a woman and her daughter or a woman and her sister or the like, it is as if he had relations with two unrelated woman. One is considered an ervah because of the other only in the instance of marriage, not in an instance of promiscuity. Similarly, if a man's father, son, brother, or father's brother raped a woman or seduced her, she is permitted to him and he may marry her. [The prohibition involving these individuals] mentions \"the wife of\" and here there is no context of marriage.", + "When a man's father or son marries a woman, that man may marry her daughter or her mother as we explained.29Halachah 3. A person may marry the wife of his brother's son.30After she was widowed or divorced. A man may marry a woman and her sister's daughter or her brother's daughter at the same time. It is a mitzvah from the Sages for a man to marry his sister's daughter,31The Maggid Mishneh explains that a person has a natural affection for his close relatives. Those positive feelings provide a fertile ground of support for the marriage relationship to flourish. as [alluded to by Isaiah 58:7]: \"Do not turn away from your own flesh.\" This law also applies to his brother's daughter.32Other Rishonim [Rashi, Rabbenu Tam (Sanhedrin 76) differ and maintain that the mitzvah applies only with regard to one's sister's daughter." + ], + [ + "When a person has relations with the wife of a minor, he is not liable.1For there is no concept of marriage with regard to a male below the age of majority.
The term liable in this context means \"liable for execution\" if the transgression was performed willfully or \"liable for a sacrifice\" if it was performed inadvertently.
[This applies] even to a yevamah with whom a nine year old [brother] had relations.2A yevamah is a childless widow whom one of the brothers of the deceased is obligated to marry. Now, relations with a yevamah do not require the conscious intent of the brother who seeks to marry her (Hilchot Yibbum 2:3) and relations carried out by a nine year old are of consequence in certain contexts (Chapter 1, Halachah 14). Hence, one might think that by carrying out relations with the yevamah, the nine year old would acquire her as his wife. See also Hilchot Yibbum 5:18. Similar [laws apply when] a person has relations with the wife of a deaf-mute,3A deaf-mute is not considered of sufficient mental capacity to be responsible for his actions. Hence, as the Rambam states in Hilchot Ishut 4:9, he cannot consecrate a woman according to Scriptural Law. Although according to Rabbinic Law, his consecration is binding, he is not held liable for execution or a sacrifice for violating a Rabbinic prohibition. the wife of a mentally or emotionally unstable individual,4In this instance, the consecration is not binding even according to Rabbinic Law (ibid.). the wife of a tumtum or an androgynus,5As mentioned in the notes to Chapter 1, Halachah 15, there is an unresolved doubt with regard to the halachic status of an androgynus and a doubt with regard to the physiological makeup of a tumtum. Hence we cannot be certain whether the adulterer is engaging in relations with a woman whose marriage is halachicly significant. a female deaf-mute or a woman who is mentally or emotionally unstable married to a mentally capable individual,6Since such women are not considered as capable of making responsible decisions, the man's consecration is not effective according to Scriptural Law. And since the consecration is not effective according to Scriptural Law, there are no punishments that result from it. In particular, however, there is a difference between the two situations, for the consecration of a woman who is mentally or emotionally unstable is not effective at all. The consecration of a female deaf-mute, by contrast, is effective according to Rabbinic Law (Hilchot Ishut, loc. cit.). or a woman whose consecration is of doubtful status or whose divorce is of doubtful status. In all of the above situations, one is not liable. If they willfully transgress, they are given stripes for rebellious conduct.", + "[The following rules apply if a man] engages in relations with a female minor, the wife of an adult male. If she was consecrated by her father, [the adulterer] is executed by strangulation.7He is given the punishment due any adulterer, for the consecration is binding according to Scriptural Law (Hilchot Ishut3:11). This is speaking about a situation where the couple later married. Otherwise, the adulterer would be stoned to death. Also, it is speaking about a situation where the child is over three years old. Otherwise, the relations are not significant. She is not liable for anything,8Neither punishment, nor a sacrifice. For she is a minor and is not responsible for her conduct. [but] she is forbidden to her husband,9As the Rambam states in Hilchot Gerushin 11:14, a woman who engages in adulterous relations becomes forbidden to her husband. as explained in Hilchot Sotah.10Chapter 2, Halachah 4. The Ra'avad both here and in Hilchot Sotah differs with the Rambam, basing his objections on Yevamot 33b which states \"The seduction of a minor is always considered equivalent to rape.\" Since she is not responsible for her actions, her consent is of no significance. And if a woman is raped, she is permitted to her husband if he is not a priest (Hilchot Ishut 24:19).
The Maggid Mishneh admits that the question raised by the Ra'avad is substantial, but points to a passage in Ketubot 9a which appears to support the Rambam's decision. The Shulchan Aruch (Even HaEzer 178:3) cites both views without stating which to favor. The Beit Shmuel 178:3 states that the Ra'avad's view is accepted by most authorities.

If she has the right to perform mi'un11Mi'un refers to a means of terminating a Rabbinically originated marriage arrangement. When a girl's father is not alive, our Sages gave her mother and/or her brothers the opportunity to consecrate her. This consecration is not binding according to Scriptural Law (see Hilchot Ishut 4:8, Hilchot Gerushin 11:1). Hence, an adulterer is not punished for relations with her.
This law also applies to a deaf-mute and anyone else whose consecration is acceptable only according to Rabbinic Law (Rav David Arameah).
, he is given stripes for rebellious conduct and she is permitted to [remain married] to her husband, even if he is a priest.12A priest is not allowed to remain married to a woman who engaged in forbidden relations, even if she was compelled to do so. Nevertheless, in this instance, she can end her marriage whenever she desires without a formal divorce, it is as if she was never married. Hence, her \"adultery\" is not of consequence.", + "When the daughter of a priest commits adultery while married, she is executed by burning, as [Leviticus 21:9] states: \"When the daughter of a man who is a priest will begin to commit adultery, [she will be burnt by fire].\" [This applies] whether she is married to a priest or an Israelite. [Indeed,] even if her husband was a mamzer13A person born from an incestuous or adulterous relationship whom it is forbidden to marry. or a nitin14See Chapter 12, Halachot 22-23, which explain that this term refers to a person descended from one of the seven Canaanite nations who converted. Such a person is forbidden to marry into the Jewish people. or another whom it is forbidden to marry because of a negative commandment,15When the prohibition against marriage is punishable by execution or kerait, the marriage is not considered valid and there is no punishment for adultery. If, however, it is forbidden only by a negative prohibition, the marriage is binding. [she is given this punishment].
The man who engages in adultery with her is executed by strangulation.16For the Torah states the severe punishment only for the woman herself. Similarly, the daughter of an Israelite who is married to a priest is [executed] by strangulation [if she commits adultery] as is the law with regard to any other married woman.", + "When a man has relations with a consecrated maiden, they are both executed by stoning. They are not liable to be stoned to death until the maiden17The term maiden has a specific halachic definition: a girl who at the age of 12 (or over) manifested signs of physical maturity. She remains in this category for six months (Hilchot Ishut 2:1). is a virgin, consecrated,18But not married. and in her father's home. If she came of age19I.e., the six months mentioned above passed. or she entered the chupah20I.e., completed the marriage ceremony. even if the marriage was not consummated, they are executed by strangulation. [The lesser punishment is given] even if the father gave her to the emissaries of the husband21For from this time, she is no longer under her father's control. and she committed adultery on the way.", + "When a man has relations with a girl who is a minor and is consecrated while she is living in her father's house, he is executed by stoning22Although the verse speaks about \"a consecrated maiden,\" relations with even a younger girl are given the same punishment. and she is not liable.23Since she is a minor, she is not responsible for her actions and is not subjected to any punishment. When a consecrated maiden who is the daughter of a priest commits adultery, she is stoned to death.24I.e., she is given the more severe punishment.", + "When ten men enter into relations with her one after the other while she is a virgin in her father's home, the first is executed by stoning and the remainder, by strangulation.25Because after relations with the first, she is no longer a virgin. Hence, they are given the ordinary penalty for adultery.
When does the above apply? When they had vaginal intercourse. If, however, they had anal intercourse, she is still a virgin and they are all executed by stoning.26For with regard to punishment, there is no difference between anal intercourse and vaginal intercourse.", + "When a consecrated maiden was a freed slave or a convert, even if she was freed or converted before she reached the age of three,27In which instance, even if she had engaged in relations beforehand, her signs of virginity would return. [the adulterer] is executed by strangulation,28Ketubot 44a states that this concept is derived from a Scriptural reference. When speaking of this transgression, Deuteronomy 22:21 states: \"He committed an abuse in Israel,\" i.e., involving a native-born Jewess. In his Commentary to the Mishneh (Ketubot 4:3), the Rambam offers a different explanation, one which has raised questions among the commentaries. as is the law with regard to all married women.", + "There is a new law that applies to a person who spreads a malicious report [about his wife].29See Deuteronomy 22:13-21 and Hilchot Na'arah, ch. 3, where this instance is discussed. A man enters into relations with his newly-wed wife and afterwards, claims she is not a virgin. Moreover, he produces witnesses who testify that the women committed adultery before entering into relations with him. If the testimony of the witnesses is not disproved, the women is executed as the Rambam continues to explain. What is this new [law]? That if the gossip is discovered to be true and witnesses come [and testify] that she committed adultery when she was a consecrated maiden, even if she committed adultery after she left her father's house and even if she committed adultery after she entered the marriage canopy before she had relations with her husband, she is stoned to death at the entrance to her father's house. Other consecrated maidens concerning whom a malicious report was not spread are executed by strangulation if they committed adultery after they left their father's home, as we explained.30Halachah 4. The Ra'avad differs with the Rambam's ruling, explaining that once a woman enters the marriage canopy as a virgin, she is executed by strangulation as are all other married women. The difference of opinion centers on the interpretation of Ketubot 45a. Rashi and Tosafot also differ in their interpretation of that passage.
Thus there are three types of execution for adultery with a married women: strangulation,31An ordinary case of adultery. burning to death,32The daughter of a priest who committed adultery. and stoning to death.33A consecrated maiden who committed adultery in her father's house or a maiden about whom a malicious report was spread and it was discovered to be true.", + "Where is a consecrated maiden who committed adultery stoned to death? If she committed adultery while in her father's house, even though the witnesses did not testify until she went to her father-in-law's house and married, she is stoned to death at the entrance to her father's house.34As Ketubot 45a states, this is intended to dishonor her parents, as if to say: \"See the offspring which you raised.\" If she committed adultery in her father-in-law's house before her father conveyed her [to her husband], she is stoned to death at the entrance to the gate of the city.35As stated in Deuteronomy 22:23. This is a mark of dishonor for the city, a sign that the environment is not moral. The Rambam's ruling is based on his version of Ketubot 45a. Rashi (and the standard published text of that passage) follow a different version.
Or Sameach states that since the transgression did not take place in her father's home, it is not fitting that he be dishonored in this fashion.
[This applies] even if [the witnesses] testified concerning her after she returned to her father's house.", + "If witnesses come [and testify] after she comes of age36I.e., six months after she manifests signs of physical maturity. or after her husband has relations with her, she is stoned to death in the place for stoning.37As Hilchot Sanhedrin 13:1, 15:1, the place for stoning was a two storey building somewhat removed from the city.[This applies] even if they testify that she committed adultery in her father's home when she was a maiden.38Since she has already come of age, the laws governing her change and she is not stoned at her father's house. If she would commit adultery at this age, she would be executed by strangulation. Hence, when she is punished for the adultery she committed beforehand, her sentence is commuted somewhat and she is not executed at her parents' home (Maggid Mishneh).
The Ra'avad and the Maggid Mishneh himself note that when a man spreads a malicious report about a woman and his statements are proved to be correct, the woman is executed at her father's home. Although she already had relations with her husband, she is executed in the same place as before. This would indicate that her coming of age is also not significant. Rav Akiva Eiger explains that since when a malicious report was proven true, a woman is stoned to death even though she has already married her husband, it obviously is a different type of instance than an ordinary case of a maiden committing adultery.
", + "If [a woman] was conceived before her mother converted and born after her mother converted, she is stoned at the entrance to the gate of the city.
[The following rule applies to] every woman who is obligated to be stoned at the entrance to the gate of the city. If the city is predominantly populated by gentiles, we stone her at the entrance to the court.39For the verse mentions stoning her \"at the entrance to your gates.\" If the city is predominantly populated by gentiles, its entrance is not \"your gates\" (Tosafot, Sanhedrin 45b).
[The following rule applies to] every woman who is obligated to be stoned at the entrance to her father's house, if she does not have a father or she has a father, but he does not have a house, she is stoned at the place for stoning. The \"entrance to her father's house\" was mentioned only as a mitzvah.40I.e., the optimum manner for the execution to be performed.", + "When a person engages in relations many times with one of the arayot, he is liable for kerait or execution by the court for every time he engages in relations.41With regard to his obligation to bring a sin-offering for inadvertent transgression, see Hilchot Shegagot 5:1 which states that even though a person transgressed several times, as long as he does not become aware of his transgression, he is liable for only one sin offering. If he transgresses inadvertently again after he became aware of his first transgression(s), he must bring another sin-offering. Although the court can only execute the person only once, the different times he engages in relations are considered as different transgressions.
Similarly, if a person is liable for several different transgressions for engaging in relations once,42E.g., he had relations with his brother's wife while she is in the niddah state, in which instance he is liable for relations with a married woman, relations with his brother's wife, and relations with a woman in the niddah state. if he transgressed inadvertently, he must bring a sacrifice for every transgression he performed even though he engaged in relations only once, as will be explained in Hilchot Shegagot43Chapter 4, Halachah 2. If he transgressed intentionally, it is considered as if he violated many transgressions. Similarly, there is a situation where a person engages in relations once and incurs liability for lashes many times as will be explained.44Chapter 17, Halachot 9-10.", + "The term shifchah charufah employed by the Torah refers to [a woman] who is half a Canaanite maidservant and half a freed woman45Such a situation is possible when a Canaanite maidservant was owned by two partners. One released her from bondage and one did not. In this situation, she is obligated to serve her master one day and on the following day, she is free to do as she chooses. who has been consecrated by a Hebrew servant.46In contrast to other Jewish men, a Hebrew servant is permitted to engage in relations with a Canaanite maid-servant. Hence, the fact that this woman is half a maid-servant will not represent a difficulty for him. And because, she is half a freed woman, he may consecrate her. [Concerning the infidelity of such a woman, Leviticus 19:20] states: \"They shall not die, because she was not freed.\"47And since she was not freed, the Hebrew servant's consecration of her is contingent on her freedom. Until she is freed, they are not fully married. If she was freed entirely, one is liable for execution by the court, for she becomes a married woman in a complete sense, as explained in Hilchot Ishut.48Chapter 4, Halachah 16.", + "[The laws regarding] relations with this maidservant are different than [those regarding] all other forbidden relations in the Torah. For she is lashed, as [ibid.] states: \"There shall be an inquiry.\"49Keritot 11a interprets this phrase as indicating that she - and not the man - should be given the above punishment. He is liable to bring a guilt offering, as [ibid.:21] states: \"And he shall bring his guilt offering.\"50See Hilchot Shegagot, ch. 9, which describes the particulars of this sacrifice. Whether he transgresses intentionally or inadvertently with a shifchah charufah, he must bring a guilt offering.
When he enters into relations with her many times, whether intentionally or unintentionally, he is required to bring only one sacrifice.51Keritot 9a derives this concept through the principles of Biblical exegesis. If, however, he enters into relations with many different maid-servants, he is liable for each act (Ra'avad; Hilchot Shegagot 9:5). She, however, is liable for lashes for every act of relations if she acted intentionally, as is the law with regard to other instances [where relations are forbidden] by merely a negative commandment.", + "When a person just inserts his corona into the female organ of the shifchah charufah, but does not insert the entire organ, he is not liable. [Liability is incurred only when] he inserts the entire organ.52The term literally means \"complete relations.\" Our translation is based on the definition given by the Rambam in Chapter 1, Halachah 10. It must be noted that Tosafot, Yevamot 55b understands Rashi as interpreting the phrase \"conclude relations\" to mean \"to ejaculate.\" Support for that interpretation is brought from the fact that the prooftext from Leviticus speaks of \"lying with her with seed.\" Somehave also pointed to the Rambam's Commentary to the Mishnah (Keritot 2:5 for support for this interpretation.
He is only liable when she is above majority, had engaged in relations previously and acts intentionally and willfully.53For Keritot 11a teaches: Whenever the woman is lashed, he is required to bring a sacrifice. Whenever she is not punished, he is not liable. And she is not punished unless she is an adult who acts willfully. If, however, she is a minor, she had never engaged in relations, or she transgressed inadvertently, was raped, or was sleeping, he is not liable. Similarly, if he had anal intercourse with her, he is not liable, for with regard to a shifchah charufah an equation was not established between vaginal intercourse and anal intercourse, for [Leviticus 19:20] speaks of: \"ly[ing] while emitting seed.\"54And that is significant only with regard to vaginal intercourse. With regard to other [forbidden] relations, the Torah did not distinguish between one type of relations and the other, for [ibid. 18:22] speaks of \"the ways [in which a man] lies with a woman.\" Implied is that the Torah recognizes two ways of lying with a woman.", + "In every instance concerning a maidservant where we said there was no liability, he is not liable for a sacrifice and she is not liable for lashes. He,55This is the version of the standard printed text of the Mishneh Torah. Many authentic manuscripts and early printings state \"they,\" i.e., both the male and the female. however, is given \"stripes for rebellious conduct\" according to Rabbinic Law56For they committed an immoral act which requires punishment lest they continue the pattern. if they were both adults who acted intentionally.", + "When a youth nine years old engages in relations with a shifchah charufah, she is given lashes and he is required to bring a sacrifice,57Since he is already nine years old, his sexual acts are of consequence. Hence, since she transgressed willfully, she is liable. And since she is liable, he is liable for a sacrifice. For a sacrifice is not punishment, but atonement. Although he is still a minor, atonement is still required. In Hilchot Shegagot 9:3, the Rambam clarifies: \"It appears to me that he does not bring [the sacrifice] until he comes of age.\"
The Ra'avad differs with the Rambam's ruling, maintaining that a minor is never required to bring such a sacrifice, for this sacrifice is a punishment. And since the male is not liable, the female is also not liable.
provided that she is an adult, not a virgin, and acts willfully, as we explained.58In Halachah 15. For a man is not liable to bring a sacrifice until she is liable for lashes, as [implied by] the verse: \"There shall be an inquiry.... And he shall bring his guilt offering.\"" + ], + [ + "[A woman in] the niddah1As will be explained, the term niddah refers to a woman who suffers vaginal bleeding at the expected time of her monthly period. state is like all of the other arayot. A person who inserts his corona into her vaginal or anal orifice is liable for kerait. [This applies] even if she is a minor who is three years old, as applies with regard to other arayot.
For a woman can become impure as a niddah even on the day she is born.2Although a woman usually does not begin menstrual bleeding until around the age of twelve. If, however, she does have menstrual bleeding before then, she is bound by the halachic consequences. And a girl who is ten days becomes impure because of zivah.3For if a woman bleeds for three consecutive days after the seven days associated with her menstrual period, she is considered as a zavah. The first three days this is possible is the eighth, ninth, and tenth days of her life.
Altough she can become impure from the day of her birth onward, punishment is not allotted for relations with her until she becomes three. For only at that age are relations with her significant, as stated in Chapter 1, Halachah 13.
This concept was communicated through the Oral Tradition. There is no difference between an adult and a minor with regard to the impurity associated with nidah and zivah.", + "[The prohibitions that apply] to one who has relations with a nidah apply throughout the seven days, even if blood was sighted only on the first day. [These same prohibitions] apply to one who has relations with a woman who gave birth to a male throughout the seven days [following birth], to one who has relations with a woman who gave birth to a female throughout the fourteen days [following birth], to one who has relations with a zavah through the time she bleeds and then counts [seven \"clean\" days].4See Chapter 6, Halachah 8. This applies also to a Canaanite maidservant and one who has been freed. All [of these relations] are punishable by kerait.
[The association is derived as follows:] With regard to a nidah, [Leviticus 15:19] states: \"She will be in her niddah state for seven days.\" With regard to a zavah, [ibid.:25] states: \"All the days of the flow of her impurity will be like the days of her niddah state.\"5Thus establishing an association between the two. With regard to a woman who gave birth to a male,6See Chapter 10. [ibid. 12:2] states: \"She will become impure as in the days of her nidah affliction.\" 7See Chapter 6, Halachah 8. And with regard to a woman who gave birth to a female, [ibid. 12:5] states: \"She will be impure as in her niddah state for two weeks.\"8See Chapter 6, Halachah 8.", + "When does the above - that the impurity is dependent on [the passage of] days - apply? When the woman immersed herself in the waters of a mikveh9A ritual bath that meets the qualifications for this purpose. If she immersed herself in an ordinary bath, by contrast, that is not acceptable as explained in Hilchot Mikveot. after these specifically mentioned days.10If a niddah immerses herself in the middle of these days, however, the immersion is of no consequence. If, however, a niddah, a zavah or a woman who gave birth did not immerse in a mikveh, a person is liable for kerait for having relations with one of them even several years afterwards. For the Torah made the matter dependent on [the passage of] days and immersion, as [Leviticus 15:18] states: \"And they shall immerse themselves [in the water]....\" This teaches a general principle with regard to any impure person: he is in a state of impurity until he [or she] immerses.", + "The prohibitions against relations with a niddah, a zavah, and a woman after childbirth do not apply with regard to relations with gentile women.11Although relations with gentile women are forbidden, none of these particular transgressions apply according to Scriptural Law. For all the defined states of ritual purity and impurity apply only with regard to the Jewish people. The fact that a gentile woman experiences the same physical conditions is not of consequence. Our Sages decreed that all gentiles, male and female, would be considered like zavim at all times, whether or not they experienced such discharges,12I.e., this was a decree imposed to prevent intimate contact with them, regardless of their physical condition. See Hilchot Mitam'ei Mishkav UMoshav 2:10. with regard to matters of purity and impurity.", + "All blood manifest by a woman after childbirth during the 33 days associated with the birth of a male13As the Torah relates (Leviticus 12:2-4), after the birth of a male child a woman becomes impure for seven days. Afterwards, she immerses herself to regain ritual purity. For the next 33 days, even if she suffers uterine bleeding, her state does not change and she remains ritually pure. and the 66 days associated with the birth of a female14As ibid.:5 states, similar concepts apply after a woman gives birth to a female except that she originally becomes impure for 14 days. Afterwards, she remains pure for 66 days. is called blood of purity.15Niddah 36a relates that there is one source of bleeding - the womb - for all 40 (or 80) days. It is just that during the first 7 (14), the Torah rules that this blood is impure and during the final 33 (66), the Torah rules that the blood is pure. It does not prevent a woman from [relations with] her husband. Instead, she immerses herself after seven days [of impurity] for a male and fourteen for a female. She may then engage in relations with her husband16The Kessef Mishneh cites Chapter 7, Halachah 7, which states that the above applies only when a woman is not impure because of zavah bleeding before childbirth. If she is impure for such reasons, she must count seven \"clean\" days before she immerses herself and engages in relations with her husband.
Also, as will be explained (see Chapter 11, Halachot 5-6), at present the custom is not to observe the concept of blood of purity at all. Even if a woman gives birth, she must wait \"seven clean days\" after seeing any uterine bleeding.
even though her blood flows.17I.e., she suffers uterine bleeding which would otherwise render her ritually impure.", + "All of those who must immerse themselves are required to immerse themselves during the day with the exception of a niddah and a woman after childbirth.18At present when we do not make any distinctions between niddah and zivah, all women immerse themselves at night. For with regard to a niddah, [Leviticus 15:19] states: \"She will be in her niddah state for seven days.\" Her niddah state prevails for all of the seven days.19She cannot terminate the last day earlier by immersing herself in the daytime. She immerses on the evening of the eighth day. Similarly, a woman who gives birth to a male child immerses on the evening of the eighth day, and one who gives birth to a female immerses on the evening of the fifteenth day, for a woman who gives birth is comparable to one in the niddah state, as we explained.20In Halachah 2.", + "If she21A niddah or a woman after childbirth. delayed the matter for many days and did not immerse herself, when she immerses herself, she should immerse only at night. For if she immerses during the day, an error [may be] made and another niddah may come and immerse herself on the seventh day.", + "If a woman was sick or the place for immersion was far away and women could not reach there and return at night because of thieves,22Although such problems are uncommon today, there are several examples - e.g., woman living in new settlements in Israel's West Bank - where these principles are relevant. because of cold, or because they close the gates of the city at night, she may immerse during the day on the eighth - or subsequent - days.23She should not, however, immerse herself on the seventh day even if she refrains from engaging in relations until nightfall [Shulchan Aruch (Yoreh De'ah 197:4)].", + "Whenever a woman has a veset,24A fixed time when the onset of menstruation can be expected to begin, as will be explained. Since she has a fixed time when menstruation is expected, at other times, we assume that she remains ritually pure. If she does not have a fixed time when menstruation can be expected to begin, her husband must ask her concerning her state. He cannot make any assumptions (Maggid Mishneh, Kessef Mishneh). her husband can assume that she is [ritually pure and] permitted until she tells him \"I am impure\" or she is established as a niddah in her neighborhood.25By wearing clothes designated to be worn at this time.
If a woman's husband went overseas and left her ritually pure, when he comes he does not have to ask her [concerning her state]. Even if he finds her asleep, he may enter into relations with her26Without inquiring about her ritual state. as long as it is not the time when she is expected to menstruate.27Even if there was ample time for her to have become impure due to menstruation, to wait the appointed time, and then to immerse herself, he may assume that she did that. Since she was pure when he left her, we may assume that all of the above transpired [Shulchan Aruch (Yoreh De'ah 184:11)]. He need not suspect that perhaps she is a niddah. If he left her a niddah, she is forbidden to him until she tells him: \"I am ritually pure.\"28Since he knows that she was ritually impure, he cannot assume that she changed her status. Instead, she must explicitly inform him of that change [Shulchan Aruch (Yoreh De'ah 185:1)].", + "When a woman tells her husband: \"I am ritually impure,\" and afterwards she tells him: \"I am ritually pure. Before I was just speaking facetiously with you,\" her word is not accepted.29And he must consider her as if she is actually ritually impure.
The Rama (Yoreh De'ah 185:3) states that if she corrects her statements immediately, her word is accepted.
If she provides a rationale for her original statements, her word is accepted. 30The Maggid Mishneh and the Shulchan Aruch (Yoreh De'ah 185:4) state that if she performed an act that indicated that she was impure, e.g., she wore the clothes that she wears in the niddah state, providing a valid explanation is not sufficient to clear the suspicions and she is considered impure.
What is implied? Her husband asked her to engage in relations and his sister or his mother was together with her in the courtyard. She originally said she was impure. Afterwards, she said: \"I am pure. I told you that I am impure only because of your sister or your mother; lest they see us.\" [In this instance,] her statement is accepted. Similar laws apply in all analogous situations.31E.g., \"I originally made a mistake. I thought I was impure according to law and discovered that in fact I was pure,\" \"I did not have strength to engage in relations and avoided them by giving this excuse\" (Hagahot Maimoniot).", + "When a man was in the midst of relations with a woman who had been ritually pure and she said: \"I became impure,\" he should not separate himself immediately while he is erect. For withdrawing is as pleasurable for him as entry. If he withdraws while he is still erect, he is liable for kerait,32The Ramah (Yoreh De'ah 185:5) states that if a person withdraws while erect because he is unfamiliar with the transgression involved, he should fast for 40 days to seek atonement. These fasts need not be consecutive. He should also give generously to charity. like one who enters into relations with a niddah. This law also applies with regard to other arayot.33I.e., if a person realized his transgression while involved in relations with other arayot, he should not withdraw while erect.
What should he do? Implant his toenails in the ground and wait without moving until he loses his erection.34The Rama (loc. cit.) adds that he should be overcome with awe concerning the transgression which he faces. Afterwards, he should withdraw.", + "It is forbidden for a person to engage in relations35The Maggid Mishneh and the Shulchan Aruch (Yoreh De'ah 184:2) state that it is only necessary to refrain from relations, other expressions of closeness are permitted. Even hugging and kissing are permitted (Siftei Cohen 184:6). This, however, represents the mere letter of the law. There are many authorities who are more stringent and forbid these expressions of closeness (ibid., Turei Zahav 184:3). In some communities, the custom is to observe all stringencies as if the woman was actually a niddah. with his wife near the time she can expect menstruation to begin,36See ch. 8, which elaborates on this subject, speaking about situation when women have a fixed veset or a veset that has not been firmly established. lest she menstruate in the midst of relations. [This is alluded to by Leviticus 15:31]: \"And you shall warn the children of Israel concerning their impurity.\"37The entire concept of vesetot, calculating the expected time when a woman will begin menstruating is a Rabbinic injunction. Hence the citation of a Scriptural verse is merely an asmachta, a support, and not a direct Scriptural command (Maggid Mishneh).
For how long [is it necessary to refrain from relations]? If [the woman] would ordinarily begin menstruating during the day, she is forbidden to enter into relations from the beginning of the day. If she would ordinarily begin menstruating during the night, she is forbidden to enter into relations from the beginning of the night.38The Siftei Cohen 184:7 states that this applies only when a woman is accustomed to begin menstruating at a given time during the day or night. If, however, she does not have a fixed time when she begins menstruating, relations are also forbidden during the preceding day or night. This stringency is not, however, accepted by all authorities.", + "If the time when menstruation could be expected to come passes and she did not begin menstruating, she is permitted to engage in relations after the time when menstruation was expected to begin passes.
What is implied? If she was accustomed to begin menstruating after six hours of the day passed. She is forbidden to engage in relations from the beginning of the day. If six hours pass without her beginning to menstruate, she is forbidden to engage in relations until the evening. 39During the evening, however, she is permitted. Before entering into relations, the woman should carry out an internal examination to verify that she in fact did not begin menstruation [Tur, Rama (Yoreh De'ah 184:9)]. Similarly, if she was accustomed to begin menstruating after six hours of the night and that time passed without her beginning to menstruate, she is forbidden to engage in relations until sunrise.", + "It is the habit of Jewish men and women to carry out a personal inspection after relations.40This ruling is mentioned by the Shulchan Aruch (Yoreh De'ah 186:1) as a minority perspective. The prevailing view is that when a woman possesses a fixed veset, she and her husband need not carry out such inspections at all. If she does not possess a fixed veset, she and her husband should carry out these inspections before and after the first three times they engage in relations. If no blood is discovered, it is established that sexual relations does not cause the woman to menstruate. Hence, in the future, the couple can engage in relations without making these inspections. What is implied? The man should clean himself with a cloth prepared for [this purpose] and the woman should clean herself with a cloth prepared for [this purpose]. [The purpose of these inspections is] to see whether the woman menstruated in the midst of relations. The man may allow the woman to check with his cloth. Since her word is accepted with regard to her [cloth], it is also accepted with regard to his.", + "The cloths used to clean oneself must be from worn-out,41Since they are worn-out, they are soft and pliable. It is possible for the woman to insert them into all the corners of the vagina. white42In this way, any speck of blood will be noticeable. Needless to say, they must also be clean. Today, in many Jewish communities, special clothes are prepared for this purpose - and other inspections which a woman must undergo - and are available from the local mikveh and at times, even in pharmacies. linen.43Cotton may also be used [Kessef Mishneh; Shulchan Aruch (Yoreh De'ah 196:6)]. They are called eidim, \"witnesses,\" in this context. The cloth with which the man cleans himself is called his ed and the cloth with which the woman cleans himself is called her ed.", + "Modest women do not engage in relations until they carry out an inspection beforehand.44As the Rambam continues to explain, this applies even if she has a fixed veset. A woman who does not have a [fixed] veset is forbidden to engage in relations until she carries out an inspection.45The Ra'avad and Rav Moshe Cohen object to the Rambam's ruling, explaining that the Rambam's source, Niddah 11b, applies only with regard to the laws of ritual purity and not with regard to relations with one's husband. Indeed, the Rambam himself appears to have equivocated back and forth concerning the issue. In the first draft (which is the standard printed text) of his Commentary to the Mishnah (Niddah 1:7), he follows the position advanced by the Ra'avad. It is only in the Mishneh Torah and the final text of the Commentary to the Mishneh (see Rav Kappach's translation) that he changes his mind.
Although the Shulchan Aruch (Yoreh De'ah 186:2) quotes the Rambam's ruling here as a minority view, the prevailing opinion is that such an inspection is unnecessary. Moreover, a woman should not carry out such an inspection in the presence of her husband, lest he think that she became impure.
Therefore, she engages in relation with two edim, one for before relations and one for afterwards. When, however, a woman has a [fixed] veset, she need not use an ed before relations except as a measure of modesty.
After relations, however, everyone needs two witnesses: one for him and one for her, even a pregnant woman, one who is nursing, an elderly woman, or a minor46All these four types of women are unlikely to menstruate. Nevertheless, they must take the precaution suggested by the Rambam. A virgin47Who will suffer hymeneal bleeding after the first (or more) occasions of intercourse. See Chapter 5, Halachah 19. or a woman whose blood is pure48I.e., a woman after childbirth, as described in Halachah 5. does not require edim, because blood is flowing from her.49Thus checking to see whether or not she is bleeding will serve no purpose. This bleeding does not, however, render her ritually impure or forbidden to her husband according to Scriptural Law.", + "When a man engages in intercourse several times [in one night], [he and his wife] do not have to check their two edim after each time they engage in intercourse. Instead, he should clean himself with his ed, she should clean herself with her ed after each time they have relations that entire night. In the morning, they should check the edim. If blood is discovered on her ed or on his ed, she is impure.
If a women engaged in relations, cleaned herself, and then the ed was lost, she should not engage in relations again until she makes an internal inspection with another ed first. [We fear that] perhaps there was blood on the ed that was lost.50If, however, the ed is clean, we assume that the ed she used at night had also been clean.", + "[The following rules apply if] she placed the ed51This is speaking about an ed that was known to be clean beforehand (Maggid Mishneh). under a pillow or a bolster and blood was discovered upon it. If [the stain] is extended, she is impure. For we can assume that [the stain] came from the cleaning.52Since the stain is extended, we assume that the woman had touched a source of bleeding. As she moved the ed, the stain became extended. If it is rounded,53The Shulchan Aruch (Yoreh De'ah 190:34) states that this applies only when the stain is smaller than a gris (see Chapter 9, Halachah 6). If it is larger than that measure, we do not assume that it comes from a louse, because it is unlikely that a louse will produce that much blood. she is pure. [We assume that the stain] came only from the blood of a louse which was killed under the pillow.54This applies even if there is no trace of the body of the louse. We assume that when she put the ed under the pillow, she killed the louse and that produced a rounded stain. If she placed the ed in a box or in any place where a louse is unlikely to be found, she is considered as impure even if the stain is round (Maggid Mishneh).", + "[When a woman] cleaned herself with an ed that has been checked, then touched it to her thigh,55And afterwards, placed it in a safe place. and on the next day discovered blood upon it, she is impure. We do not say: Maybe a louse was killed when she touched it to her thigh.56For the likelihood of her suffering vaginal bleeding is greater than that of her killing a louse when touching the eid to her thigh. The Maggid Mishneh interprets the Rambam's ruling as applying even if the stain is round. He notes that other authorities differ and apply the principles stated in the previous law. The Shulchan Aruch (Yoreh De'ah 190:35) quotes both opinions without stating which to follow.
[The following rules apply if] she cleaned herself with an ed that was not checked57This refers to an ed which we do not know whether it was dirty or not. If, however, we know that the ed was dirty, she is not considered impure even if a large stain is found [Rama (Yoreh De'ah 190:36)]. and she did not know whether it had blood on it before she cleaned herself with it or not. If there was more than a gris of blood [on it], she is [considered] a niddah.58When a stain is larger than a gris, we assume that it will not have come from a louse. If the stain was less than that, she is pure. [We assume that the stain] came from a louse.", + "When a woman suffers vaginal bleeding in the midst of relations,59The Shulchan Aruch (Yoreh De'ah 187:1) emphasizes that these laws apply only when the bleeding is noticed directly after intercourse. If there is an interval before she discovers the bleeding, these laws do not apply. she is permitted to engage in relations again a second time once she becomes pure.60For an occurrence that takes place once or twice is not usually considered to establish a recurrent pattern. If she suffers vaginal bleeding [in the midst of relations] a second time, she is permitted to engage in relations a third time. If she suffers vaginal bleeding [in the midst of relations] a third time,61I.e., on three consecutive occasions without there being an occasion where relations did not lead to vaginal bleeding in the interim (Siftei Cohen 187:3). she is forbidden to ever enter into relations again with this husband.62Instead, she must be divorced. She may, however, remarry as stated in the following halachah.
The reason she is required to divorce is that the recurrence of a factor three times establishes a chazzakah, a presumption that this factor will continue to recur in the future. Thus if she began bleeding on three successive occasions in the midst of relations with her husband, we assume that she will continue to do so in the future. Since she suffered vaginal bleeding in the midst of intercourse, those relations are considered as involving a severe transgression. On the first three occasions, she and her husband are not held responsible for this is obviously a deviation from the norm. If, however, a pattern is established, this is considered the norm and if she would bleed in the midst of relations in the future, the transgression would be considered as willful. To prevent that from happening, we require divorce.
It must be emphasized that all this applies after the woman has ceased hymeneal bleeding. It is, however, possible for her to engage in relations several times at the beginning of her marriage and continue hymeneal bleeding. See the conclusion of Chapter 5.

When does the above apply? When there was no other factor that [the bleeding] could be attributed to.63And thus, it is assumed that the relations are the cause of the vaginal bleeding. If, however, they entered into relations close to the time when she was expected to menstruate,64Note the Siftei Cohen 187:16 who offers several resolutions how this is possible despite the prohibition mentioned in Halachah 12. we attribute [the bleeding] to her ordinary pattern. If she had a wound [in her vaginal area], we attribute [the bleeding] to the wound. If, however, the blood that comes from the wound is a different shade than the blood which she sees in the midst of relations, she may not attribute [the bleeding] to the wound.65Unless we know that the shades of blood are different, we assume that they are the same and attribute the bleeding to the wound (Maggid Mishneh; Siftei Cohen 187:19).
We accept the word of a woman when she says: \"I have a wound in the uterus which bleeds.\"66Note the Rama (Yoreh De'ah 187:5) who emphasizes the importance of adding the words \"which bleeds.\" On this basis, she is permitted to her husband even though the uterus bleeds in the midst of relations.", + "When a woman bled in the midst of relations on three [successive] occasions and there was no outside factor to which to attribute [the bleeding], she is required to divorce. She may, however, marry a second husband.67For we accept the possibility that the difficulty was particular to her first husband and would not affect her relations with other men. If she married a second time and bled in the midst of relations on three [successive] occasions, she is required to divorce, but she may marry a third man. If, however, she married a third time and bled in the midst of relations on three [successive] occasions, she is required to divorce and she may not marry again68Since the same condition recurred with three different men, a chazzakah is established and we assume that it will recur with all men. until she is healed from this sickness.", + "How does a woman check herself to see whether she has been healed from this sickness?69She may check herself in this manner at any time in the process, even before being divorced by her first husband [Maggid Mishneh; see Shulchan Aruch (Yoreh De'ah 187:3)]. She brings a lead tube with its edge doubled over inside of it.70So that it will be smooth and will not scratch her. She inserts the tube into her vagina until the place it can reach. She then places a shaft within the tube with a cotton swab placed at its top. She pushes [the shaft] until the swab reaches the opening of the uterus and then takes out the swab. If blood is found on the top of swab, it can be assumed that the blood discovered in the midst of relations comes from the uterus.71For the swab was touched to the uterus without contact with any other part of the body. If there was no blood on the swab, it can be assumed that the blood discovered [in the midst of relations] comes from pressure on the sides of the vaginal channel.72And such bleeding does not render her impure.
Without minimizing the effectiveness of this method of checking devised by the Rabbis of the Talmud, today there are more effective medical tools available and it is possible to ascertain the source of a woman's bleeding in that manner. A careful inspection by a doctor or nurse under the guidance of a Rav may - and should - be employed as soon as such problems occur.
She is pure and may marry another man, as stated in Hilchot Ishut.73Hilchot Ishut 25:8. The Rambam is implying that she cannot remarry her third husband. In Hilchot Ishut, he explains that when a man divorces a woman for this reason, the husband must know he may never remarry her, for otherwise it would be as if he gave the divorce conditionally. If she becomes healed, it would not be effective." + ], + [ + "A woman becomes impure due to factors beyond her control, whether for niddah or for zivah.1I.e., not only does a woman become impure when she suffers ordinary menstrual bleeding, she becomes impure when that bleeding appears to be brought on by an external cause.
What is implied? For example, she jumped from place to place;2And we assume the unusual exertion brought on the uterine bleeding. she saw animals, beasts, or fowl copulating, was aroused, and began bleeding.3Our Sages appreciated that sexual desire could produce uterine bleeding. In these and in other analogous instances, regardless of the situation, since she experienced bleeding, she becomes impure.
She becomes impure from even the smallest amount of bleeding. Even a drop of blood the size of a mustard seed [makes her impure as if] much blood had drained from her.", + "All women become impure [when blood is discovered in] the outer chamber [of the vagina]. Even though the blood did not emerge outside [her body], but instead, was discharged from the womb without flowing further, since it emerged from the upper portion of the vaginal channel,4We have given a biological term for the metaphoric term used by our Sages which literally means \"between the teeth.\" For a woman to become impure, the blood must emerge from the upper portion of the vaginal channel and reach the lower portion, as explained in Halachah 5. she is impure, even though the blood is still within her flesh. [This is alluded to by Leviticus 15:19:] \"A discharge of blood within her flesh.\"
Until where does the upper portion of the vaginal channel extend? Until the place that the male organ reaches when inserted entirely during relations. The upper portion of the vaginal channel itself is like the uterus.5And blood there does not render a woman ritually impure.", + "Our Sages6Niddah 17b. spoke in metaphoric terms with regard to a woman. The uterus where a fetus is formed is called \"the source.\" It is the place where the blood that renders a woman a niddah or a zavah emanates from. It is called \"the room,\" for it is found deep within her body. The entire uterine channel,7The term used by our Sages literally means \"the neck of the uterus.\" i.e., the lengthy place whose entrance contracts severely at the time of pregnancy so that the fetus will not fall, but opens very wide at birth is called \"the antechamber,\" i.e., it is like a gateway to the uterus.", + "When the male organ is inserted entirely during relations, it enters the \"antechamber\" but does not reach its end. Instead, it is slightly removed according to the size of the organs. Above the \"room\" and the \"antechamber\" - but located between the \"room\" and the \"antechamber\" - is the place where the woman's two ovaries and the ducts in which her ova become mature are located. This place is called \"the loft.\" There is an opening from the \"loft\" to the top of the \"antechamber.\" This opening is called the \"passageway.\" When the male organ is inserted entirely during relations it goes beyond the \"passageway.\"8See the Rambam's Commentary to the Mishnah (Niddah 2:4) where he describes these terms in greater detail, drawing on his medical knowledge.", + "Blood which comes from the \"room\" is always impure with the exception of \"the blood of purity\"9Blood which flows after childbirth as mentioned in Chapter 4, Halachah 5. which the Torah deemed pure and bleeding which occurs before birth, as will be explained.10Chapter 7, Halachah 2. Blood from the \"loft\" is entirely pure. It is like the blood from a wound in the intestines, the liver, or a kidney and the like.
[The following laws apply when blood] is discovered in the \"antechamber.\" If it is discovered between the \"passageway\" [and the uterus], she is impure, for the assumption is that it came from \"the room.\" She is liable for entering the Temple11For it is forbidden to enter the Temple while ritually impure. and we burn terumah and sacrificial foods because of this.12When terumah or sacrificial food becomes ritually impure, it is no longer fit for consumption and must be burned. If, however, it did not become impure, it is forbidden to burn it. The fact that we burn these objects after such a woman touches them indicates that she has become impure according to Scriptural Law. We do not say that perhaps it descended from the \"loft\" through the opening, for most of the blood found in such a place is from the \"room.\"
When blood is found in the \"antechamber\" between the opening [and the entrance to the vagina], she is impure, because of a doubt. Perhaps [the blood] came from the \"room\" or [perhaps it] flowed from the loft through the passageway. Therefore we do not burn terumah and sacrificial foods because of this, nor is she liable for entering the Temple.13She is, however, forbidden to enter the Temple and forbidden to touch terumah or sacrificial foods. Similarly, she is forbidden to engage in relations with her husband. This is particularly true in the present age. We rule stringently and forbid a woman to her husband no matter where the blood is discovered [the Rambam's Commentary to the Mishnah (Niddah 2:7)].", + "Not every liquid that comes from the \"room\" renders a woman impure, only blood, as [ibid.] states: \"A discharge of blood.\" Therefore if a white or a green14In halachic terminology, the Hebrew term yarok can also mean yellow or golden. See Shulchan Aruch (Yoreh De'ah 188:1) which discusses this issue. liquid flows from the uterus, even if it is viscous like blood, she is pure since it does not appear as blood.", + "There are five [colors of] blood that [render] a woman impure. They are: red, black, bright saffron, muddy water, and diluted wine.15Implied is that if the stain does not match any of these colors, even if it has a red tint, it does not render the woman impure. This, however, applied in Talmudic times when the Rabbis were able to carefully distinguish between different shades of red. At present, however, if a stain has a red tint, it should be considered impure. We do not attempt to make these fine distinctions (Rambam, Commentary to the Mishnah, Niddah 2:7; Siftei Cohen 188:1). All other colors are pure.", + "What is meant by red? The color of blood that comes from the blood which flows initially when people let blood. This blood is placed in a cup, the stain is placed next to it, and [the two] are compared. The black is like dried ink.16In his Commentary to the Mishnah (Niddah 2:6), the Rambam explains that certain factors will turn red blood to black.
What is meant by bright saffron? Fresh saffron should be brought together with the clod of earth from which it is growing. From the better stalks, one should take the middle stalk that is entirely a stem. In each one, there are three stalks and each stalk has three leaves. One should bring the stain next to the middle leaf on the middle stalk and compare it.
What is meant by \"like muddy water\"? We take earth from the valley of Sichnei or the like which is red and pour water over it until the water level is the thickness of a garlic peel above the earth. There is no required amount of water or earth that must be brought. One should stir them in the container and compare [the color to that of the stain] at that time while [the water] is murky. If [the water] becomes clear, one should stir it again and make it murky.", + "If the color of the stain matched the color of any of these four shades or was deeper than them, [the woman] is impure. If it is lighter than they are, she is pure.
What is implied? If a black stain was darker than dried ink, [the woman] is impure. If it was lighter than it, i.e., it was like a black olive, tar, or a raven, she is pure. Similar principles apply with regard to the other three colors.", + "What is meant by like diluted wine? Like one portion of fresh, undiluted wine like the wine of the Sharon in Eretz Yisrael17A region not far from the Mediterranean Coast, slightly northeast of present day Tel Aviv. mixed with two portions of water. If the appearance of the stain was darker or lighter than this, [the woman] is pure. [The stain must be] the exact color of this mixture.
A woman's word is accepted if she says: \"I had a stain of this-and-this color and I lost it.\" The wise man rules whether she is pure or impure [based on her statement].18As mentioned above, in the present age, we rule stringently with regard to all shades of red. Nevertheless, this law applies with regard to secretions of other colors even in the present age. A sage can make a ruling based on a woman's description. If, however, a secretion appears to be blood, but a woman protests that a sage ruled that such a secretion did not render her impure, her word is not accepted [Maggid Mishneh; Shulchan Aruch (Yoreh De'ah 188:2)].", + "How does a person bring the two close and compare? He takes the portion of the cloth that has the stain in his hand and looks at it and at the ink, the saffron leaf, the blood that was let [contained] in a cup, the muddy water, or the diluted wine [contained] in a cup. He compares them according to his perception and rules whether she is impure or pure.
He should not look at the cup from the outside. Instead, he should look at the liquid in the cup. The cup should be wide, weigh a maneh, and contain two luggin,19The commentaries to Niddah 21a interpret this as meaning that if the cup contains two luggin, it should not weigh more than a maneh. In this way, its walls will not be overly thick. so that light will enter it and it will not be shadowy.", + "A stain should be checked only on a white cloth and in sunlight. One makes a shadow with his hand over the stain while standing in the sun so that he will be able to see it as it is.20As mentioned above, in the present age, we rule that any stain that appears red is considered impure. Nevertheless, the technique used by the Rambam is valuable in determining whether a stain is considered as red or not.
It is not necessary for every person checking a stain to do all the above whenever he checks [a stain]. Instead, a sage develops a sensitive eye [to the colors of stains]. When he sees it, he will immediately rule whether it is impure or pure. If he has doubts regarding the appearance of a particular stain, he should bring it close and compare it to ink, to blood that has been let, or to the other [impure] colors.", + "[The following rules apply when] a woman discharges a piece [of flesh from the vagina]. Even if it is red, she is impure [only] when it is accompanied by blood. If not, she is pure.21This is not speaking about a woman who miscarries, but rather about one who has a problem about the degeneration of her internal organs. The Rambam, based on Niddah 21b, is stating that as long as the piece of flesh is not accompanied by blood, the woman's difficulties do not render her ritually impure.
This ruling is the subject of a difference of opinion in the Talmud and not all Rishonim accept the Rambam's ruling (see the objections of the Ra'avad and others). It is, however, accepted by the Shulchan Aruch (Yoreh De'ah 188:3) provided the piece of flesh is small. If, however, it is large, the Shulchan Aruch rules that she is impure, because it is impossible for the uterus to open and discharge a large piece of flesh without expelling a certain amount of blood as well. The woman would become impure because of the expulsion of that blood.
(The Maggid Mishneh explains that the difference between the positions of the Rambam and the Ra'avad concerning an issue of a larger scope: Is it possible for the uterus to open without bleeding or not? The Rambam rules that this possible and hence, the woman is pure even if the piece is large. The Ra'avad maintains that she is impure, because it is impossible for the uterus to open without bleeding.)
Even if [when the piece of flesh] is cut open, it is filled with blood, she is ritually pure. For this is not the blood of niddah, but rather blood from the piece [of flesh].", + "When the woman discharges a piece [of flesh] which is torn and there is blood collected within it, she is impure.22The Rambam's opinion here is also contested by other Rishonim. The Tur (Yoreh De'ah 188) rules that even if the piece of flesh is accompanied by blood and the blood touches the woman's body, she is not impure, for this is not the ordinary way in which a woman experiences uterine bleeding. This ruling is quoted by the Shulchan Aruch (Yoreh De'ah 188:3).
[The following rules apply when a woman] discharges something like a shell, something like a hair, something like earth, or something like mosquitoes. If these entities have a red appearance, they should be placed in lukewarm water. If they dissolve, she is impure. For it was blood that congealed. And whenever [a woman] discovers dried blood, she is impure.23See Shulchan Aruch (Yoreh De'ah 188:6) which quotes the Ra'avad's view that whenever a woman discovers a particle of dried blood, she is impure, even if it does not dissolve. The Shulchan Aruch, however, also quotes the views of Rav Zerachiah HaLevi and Rabbenu Asher who maintain that even in such an instance, the ruling depends on whether the particle dissolves or not.
If the entities remained in lukewarm water for more than a day and then dissolved, there is a doubt whether the woman is impure. If they did not dissolve after an entire day, they are from a wound and she is pure.", + "[The following rules apply if a woman] discharges something resembling a locust, a fish, a teeming animal, or a crawling animal. If it is accompanied by blood, it is impure. If not, it is pure.24The Shulchan Aruch (Yoreh De'ah 194:3) follows the ruling of other Rishonim who maintain that in such a situation, we assume that these forms are the preliminary stages of a fetus. Hence, the woman is impure - as if she had miscarried - whether or not bleeding accompanies the expulsion of these forms.", + "When a woman places a tube in her \"antechamber\" and expels blood through the tube,25See Shulchan Aruch HaRav (Yoreh De'ah 188:8) which emphasizes that according to the Shulchan Aruch, this is referring to a thin tube which can be inserted into the uterus without causing the uterus to open substantially. If, however, the tube is thick and the uterus must open substantially, that alone is sufficient to render a woman ritually impure. she is pure. For [Leviticus 15:19] speaks of \"A discharge of blood within her flesh.\" [Implied is that] the discharge must be within her flesh as is the ordinary way in which women menstruate. For it is not ordinary for a woman to discharge blood through a tube.26The Shulchan Aruch HaRav (loc. cit.) emphasizes that the leniency is not granted because the tube interposes between the blood and the woman's flesh and therefore the literal meaning of the verse is not fulfilled. Instead, the reason is - as the Rambam clarifies - because this is not the ordinary manner in which women expel blood.", + "When a woman urinated and excreted blood together with the urine, she is pure.27As the Rambam explains, we assume that the bleeding comes from the urinary tract and not the uterus. The Rambam's view is quoted by the Shulchan Aruch (Yoreh De'ah 191:1). The Tur and the Rama cite more stringent views. In practice, a woman with such a condition should consult a gynecologist for a precise determination of her medical condition and give this information to a Rav who - on this basis - will rule on her halachic status. [This applies] whether she was standing or sitting while urinating. Even if she has physical sensations and her body shudders,28One might think that these physical sensations indicate the onset of menstruation. she need not suspect [that the blood originated in the uterus]. Instead, the sensation is associated with her urination [and] urine does not originate in the uterus. Instead, this blood [stems from] a wound in the colon or in the kidney.", + "Hymeneal bleeding is pure. It is neither the blood of niddah or the blood of zivah, for it is not from the uterus. Instead, it is blood from a wound.
What are the laws applying to virgins [who suffer] hymeneal bleeding?29It must be emphasized that all the laws that follow applied only in the Talmudic era. At present, the Jewish people have accepted upon themselves the stringency of considering even the slightest drop of blood as requiring a wait of seven \"spotless\" days. Accordingly, when a woman suffers hymeneal bleeding - even if she knows that it is not at all connected with her menstrual cycle, she is considered impure and must wait seven \"spotless\" days (Chapter 11, Halachot 4,8).
Note the comments of the Ra'avad and the Kessef Mishneh concerning when this stringency was adopted. Is it of Talmudic origin or was it originated in the post-Talmudic period?
If she married when she was a minor, whether she never menstruated or whether she menstruated while in her father's home,30Even if she menstruated, since she has not come of age, we assume that this is an abnormal occurrence which will not repeat itself. she is permitted to her husband until the wound heals. For any bleeding that she discovers stems from the wound. If she discovers other blood after the wound heals, she is considered as a niddah.", + "[The following rules apply when a woman] marries when she is a na'arah.31A girl between the age of twelve and twelve and a half who has already manifested signs of physical maturity. If she never menstruated beforehand, she is permitted to her husband for four days, by day and by night, even though blood is flowing, provided the wound did not heal.32Since she never menstruated before, we assume that she still is suffering hymeneal bleeding and not that she has begun to menstruate.
If she had already menstruated in her father's home and then married, her husband should not [continue] to engage in relations with her.33Since she menstruated before, we recognize the possibility that this is also menstrual blood. Hence, we require the couple to separate. The Ra'avad protests the Rambam's ruling, noting that it follows the position of the School of Shammai, not the School of Hillel. The Maggid Mishneh supports the Rambam's decision, noting that Niddah 65b mentions the opinions of two Amoraim which support this view, indicating that in this instance the opinion of the School of Shammai is followed. After the first time, he should separate. The hymeneal bleeding is considered as if it is the beginning of menstruation.
When a girl who has reached majority,34I.e., she has reached the age of twelve and half and manifested signs of physical maturity at age twelve. but has not menstruated, she is given the entire first night.35I.e., that night the couple may engage in relations as many times as they desire. Needless to say, if she has already menstruated, the couple must separate after the first time they engage in relations (Maggid Mishneh).", + "The [first] four nights36More specifically, days and nights as stated in the previous halachah. that are granted to a na'arah who has not menstruated need not be consecutive. [Instead,] the couple may engage in relations the first night and wait even two or three months and engage in relations for a second night, provided the wound has not healed.37And also, of course, that the woman has not begun to menstruate. If during the passage of time, she reaches full majority, she is given only one night from that time onward (Rabbi Akiva Eiger).", + "Similarly, with regard to a minor who is allowed to continue engaging in relations until the wound heals, even if it does not heal for an entire year, they may engage in relations either non-consecutively or day after day.", + "[The following rules apply when a girl] married while she was a minor and became a na'arah while married to her husband. [If] the blood is still flowing because of the wound, all of the times she engaged in relations while a minor are considered as one night and she is given license to complete the four days granted to her38As stated in Halachah 19. Thus she is given three more opportunities to engage in relations. during the period of na'arut.
Even if the three days she is granted during the period of na'arut are all non-consecutive, [e.g.,] they engaged in relations one night every two months, this is permitted, provided the wound has not healed.", + "How do we know whether or not the wound has healed? If [the woman] would discover blood when she stands but not when she sits; if she would discover [blood] when she sits on the earth, but not when she sits on pillows or blankets,39Since she is sitting on a soft surface, the wound will not be aggravated. the wound has not healed.40Even though her bleeding is not consistent. If, however, the bleeding ceases and she does not discover [blood], whether she stands or whether she sits on a pillow, the wound has healed. Similarly, even if her bleeding has not ceased, but she continues to discover blood even when she is sitting on pillows and blankets, we assume that this is not blood from the wound, but rather menstrual bleeding.41Hence she is deemed impure and forbidden to engage in relations with her husband.", + "If she would discover blood in the midst of relations, [we assume] that it comes as a result of the wound.42Hence we do not apply all the stringencies mentioned in the conclusion of ch. 4. If she engaged in relations and did not discover blood and afterwards, discovered blood out of the context of relations, [we assume] that it is menstrual bleeding.", + "When a man engages in relations with a virgin and she does not bleed and then, he engages in relations with her again and she does bleed, [we assume] that this is menstrual bleeding, even if she is a minor. [The rationale is that] if it were hymeneal bleeding, it would have appeared the first time.
When a man has relations with a girl below the age of three and she bleeds, this is hymeneal bleeding." + ], + [ + "The bleeding of niddah, the bleeding of zivah, the bleeding before childbirth,1See Chapter 7, Halachah 1. the pure blood that follows childbirth,2See Chapter 4, Halachah 2,5. are all one type of bleeding. They [all] come from the uterus, from the same source. The laws applying [to this bleeding], however, change according to the time [and circumstance],3Niddah 96b states: \"It [comes from] one source. [Here,] the Torah ruled it impure, and [here,] the Torah ruled it pure.\" causing the woman who discovers the bleeding to be considered as pure, a niddah, or a zavah.", + "What is implied? When a woman menstruates for the first time or when she menstruates at the fixed time at which it has been established that she will menstruate,4I.e., this is speaking about a woman who has a regular day of the month or interval at which she menstruates. she is a niddah for seven full days. [This applies] whether she continues to bleed throughout the seven days or she only discovered one drop of blood. If she discovers blood on the eighth day, this is the blood of zivah, because it comes \"outside the time for niddah\" [Leviticus 15:25].5I.e., in addition to the impurity associated with niddah, ordinary menstrual bleeding, the Torah establishes a category of impurity when a woman suffers uterine bleeding at times other than the days she is a niddah. This category is referred to as zivah. A woman enters this category when she suffers uterine bleeding between the day following the seven days associated with her ordinary menstrual bleeding and the eighteenth day following those days. As will be explained in the commentary to the following halachot, there is a difference of opinion between the Rambam and the other Rishonim with regard to the definition of these seven days.", + "Any blood that is discovered between one fixed time that a woman can be expected to menstruate and the next fixed time that she can be expected to menstruate is the blood of zivah. It is a halachah transmitted to Moses on Sinai that there are no more than eleven days between one menstrual bleeding and an another.", + "All of the seven days beginning with the day on which a fixed time that a woman can be expected to menstruate was established are called \"the days of niddah.\" [This applies] whether the woman menstruates or not.6As will be explained, according to the Rambam, the definition of days as \"the days of niddah\" is not dependent on whether a woman actually menstruates or not, but on the day when, according to the schedule established previously, she could be expected to menstruate. Why are they called \"the days of niddah\"? Because they are fit [for a woman to be considered] a niddah? Any blood discovered during these days is considered as the blood of niddah.", + "The eleven days that follow these seven are called \"the days of zivah.\" [This applies] whether the woman discovers bleeding or not. Why are they called \"the days of zivah\"? Because they are fit [for a woman to be considered] a zivah? Any blood discovered during these days is considered as the blood of zivah. Take care with regard to these names: \"the days of niddah\" and \"the days of zivah.\"", + "Throughout her entire life, from the time she establishes a time when she can be expected to menstruate until she dies or until she transfers the time she can be expected to menstruate to another date,7As occurs after birth, as stated in Chapter 7, Halachah 2. she should count seven days from the beginning of the day when she could be expected to menstruate and eleven days after them. Afterwards, [she counts] another seven days and another eleven days.8The simple meaning of the Rambam's words is that the same 18 day pattern - 7 days niddah, 11 days zivah - continues throughout a woman's life whether or not she menstruates on those days or not. When she menstruates she must see whether she is in the midst of the days of niddah or the days zivah and follow the appropriate laws.
Rashi and Ramban offer a different interpretation. According to their view, the day's of niddah and zivah depend on a woman's circumstances each month. When she menstruates, she begins the days of niddah. If she continues bleeding beyond seven days or if she discovers uterine bleeding after these seven days (but within the next eleven days), she becomes a zavah. She remains in that category until seven \"spotless\" days pass. After those seven days, when she discovers uterine bleeding again, she becomes a niddah. Similarly, if she does not discover uterine bleeding within the eleven days, the next time she discovers uterine bleeding, she is considered as a niddah.
There are Talmudic passages which appear to support both positions. The position of Rashi and the Ramban appears to be closer to a woman's actual physical pattern and the commentaries question why the Rambam - a doctor - did not take note of this dimension. The Tur (Yoreh De'ah 183) follows the view shared by Rashi and the Ramban. In practice, however, this difference of opinion is not relevant at all, for as stated in Chapter 11, at present, Jewish women have accepted the stringency of counting seven \"spotless\" days whenever they discover even the slightest uterine bleeding. Hence, whatever their status actually is, they will certainly not transgress.

Take care of this reckoning so that you will know [a woman's status] if she discovers blood. Was it in the days of niddah or the days of zivah? For throughout a woman's entire life, she [follows the same pattern]: seven days of niddah and eleven days of zivah unless the pattern was interrupted by a birth, as will be explained.9Chapter 7, Halachah 2.", + "When a woman discovers uterine bleeding during the days of zivah for only one day or for two consecutive days, she is called a minor zavah,10The distinctions between a minor zavah and a major zavah are discussed in the following halachah. and she is called one who watches a day for a day.11As indicated in the following two halachot, the intent is that for the day(s) she is impure, she must observe one \"spotless\" day. If she discovered [uterine bleeding] for three consecutive days, she is a zavah in the complete sense of the term. She is called a major zavah or merely referred to as a zavah without any further description. [This is derived from Leviticus 15:25]: \"When a woman will have a flow of blood for many days....\" The minimum implied by the plural form, \"days,\" is two. \"Many\" indicates [at least] three.", + "There is no difference between a major zavah and a minor zavah except the counting of seven [\"spotless\" days] and the necessity to bring a sacrifice. For a major zavah must count seven \"spotless\" days [before immersing to regain ritual purity] and a minor zavah need only count one day. And a major zavah must bring a sacrifice when she purifies herself12See Hilchot Mechusrei Kapporah, ch. 1, for a description of this sacrifice. and a minor zavah need not. They are both impure and the prohibition against relations applies to both of them equally.", + "What is implied? If she discovered blood in the days of zivah - whether she discovered it in the beginning of the night or she discovered it at the end of the day - that entire day, she is impure. It is as if the bleeding did not cease from the time she discovered it until the sun sets. She should watch herself throughout the night.13I.e., take note if there is any bleeding. It is sufficient to check and see on the following morning if there are any signs of bleeding. If there are no signs of bleeding at night, she should arise in the morning and immerse herself after sunrise.14She may not, however, touch any articles that are ritually pure or engage in relations with her husband until nightfall, as explained in Halachot 13 and 14. She should watch herself for the entire day. If there are no signs of bleeding,15If, however, there are signs of bleeding, her immersion is disqualified retroactively and it is as if she was impure for the entire day. there is then a pure day to compensate for the impure day and she is permitted to her husband at night.", + "If she discovered [uterine] bleeding also on the second day, whether at night or whether during the day, after she immersed herself, that second day is also impure and she must watch herself for the entire third night. If there are no signs of bleeding at night, she should arise in the morning and immerse herself after sunrise. She should watch herself for the entire day.16Lest she discover uterine bleeding and become impure retroactively. If there are no signs of bleeding, there is then a pure day to compensate for the two impure days17The one day is sufficient. There is no need for two days, one for each of the impure days. and she is permitted to her husband at night.", + "If she discovered [uterine] bleeding on the third day, whether during the day or at night, she is a major zavah and she must count seven pure days when there is no uterine bleeding [at all], as [Leviticus 15:28] states: \"She must count seven days for herself.\" She immerses herself on the seventh day after sunrise and is permitted to her husband at night. On the eighth day, she brings her sacrifice, two turtle doves or two doves.", + "When a minor zavah immerses herself at night18See Rabbi Akiva Eiger who questions whether the Rambam would accept the immersion of a woman who immerses herself between dawn (alot hashachar) and sunrise. during the day she is watching or a major zavah immerses herself on the seventh night, it is as if she did not immerse herself.19I.e., the immersion must be made after sunrise. She is like a niddah who immerses herself within the seven days.", + "When a person has relations with a major zavah after she immersed herself on the seventh day of her counting [of \"spotless\" days] or with a minor zavah after she immersed herself on the day on which she must watch herself, he is not liable for kerait, because she immersed herself at the time she was fit to immerse herself when regaining ritual purity.20Even if she later discovers uterine bleeding and is therefore considered impure, they are not considered to have transgressed intentionally, because at the time, the woman was potentially in a state of ritual purity. This woman, however, possessed improper culture, for relations with her and things she touches are tenative.21I.e., as stated in the following halachah, she can retroactively be considered impure.", + "What is meant by their being \"tentative\"? If the day on which she immersed herself is completed without her discovering any uterine bleeding, everything which she touched after she immersed herself is ritually pure and there is no liability for relations with her. If, however, she discovers blood on this day after immersing herself, she is considered as a zavah retroactively. Anything which she touched is retroactively considered as impure and she and the man who engaged in relations with her are obligated to bring a sacrifice.22For inadvertently violating the transgression against relations with a zavah. Therefore she is forbidden to her husband until the evening, lest she bring herself to a situation involving doubt.", + "When a zavah counts six \"spotless\" days and discovers uterine bleeding on the seventh day, even if it is close to sunset,23If, however, the bleeding is not discovered until after nightfall, she is considered to have regained ritual purity and then become impure anew as a minor zavah. all of the days counted previously are invalidated24I.e., it is not only that she loses the one day; all of the days that she had counted previously are also invalidated. The seven \"spotless\" days must be consecutive [Shulchan Aruch (Yoreh De'ah 196:10)]. and she begins a new reckoning of seven \"spotless\" days after the impure day.", + "If [a woman] discharges semen25I.e., she engaged in relations with a man and then discharged his semen from her vagina. This is speaking about a situation in which the couple engaged in relations when forbidden. Alternatively, she engaged in relations before becoming a zavah and discharged the semen after entering that state of impurity. For the semen to render her impure, it must be less than three full days old. See Shulchan Aruch (Yoreh De'ah 196:11). during the days she is counting, she invalidates one day. She is like a zav who has a seminal emission who invalidates one day [in his counting].26See Hilchot Mechusrei Kapparah 3:2.
If she discovered uterine bleeding on the tenth, eleventh, and twelfth days of her \"days of zivah,\" she is not considered a major zavah. Instead, from the state of a minor zavah, she becomes a niddah. For the twelfth day is the beginning of her days of niddah27As stated in Halachot 5 and 6, there are only eleven days of zivah. Afterwards, the days of niddah begin again. and a woman who discovers bleeding in her days of niddah does not become a zavah, as we explained.28See Halachah 4 which states: \"Any blood discovered during these days is considered as the blood of niddah.\" Thus she will have only discovered blood on two days of zivah. That is not sufficient to render her a major zavah.", + "What is the intent of the Torah's wording [Leviticus 15:25]: \"After the time for niddah\"? That if she discovered bleeding on the three days that follow her niddah [bleeding], she is a zavah,29I.e., we do not say that her menstrual bleeding is extended. Instead, this bleeding is considered as a new phase, governed by different laws. i.e., she discovered bleeding on the eighth day after the onset of the days of niddah, the ninth day, and the tenth day, i.e., the first three of the eleven days of zivah.
[The following laws apply if a woman] discovers bleeding on the eleventh day of zivah and she immersed herself in the evening on the night of the twelfth day and engaged in relations.30For she is required to wait for one \"spotless\" day before engaging in relations (Ra'avad). The Maggid Mishneh explains that this is a Rabbinic requirement. Although she is impure and the man who engaged in relations with her becomes impure and the laws regarding the impurity of the places where they both sit and lie apply, the couple are not liable for kerait. [The rationale is that] the twelfth day is not joined with the eleventh day for her to be considered a zavah. Her immersion that night is effective in saving her from [being liable to bring] a sacrifice.31Needless to say, however, she is forbidden to engage in such relations.", + "If she immerses herself on the twelfth day after sunrise, she is forbidden to her husband until the evening as is the law with regard to any minor zavah.32By Rabbinic Law as stated in Halachah 14 and notes. She may, however, touch articles that are ritually pure, as stated in Hilchot Mitamei Mishkav UMoshav 5:8. If [her husband] transgresses and engages in relations with her, neither of them are liable at all.33Since she immersed herself, her previous impurity departs and any new bleeding is not associated with the bleeding of zivah as the Rambam continues to explain. Even if she discovers blood on the twelfth day after they engaged in relations it is of no significance. For this is the blood of niddah and it is not associated with [the bleeding of] the previous day.", + "If she discovers bleeding at the conclusion of her seventh day of niddah during bein hashamashot,34The period between sunset and the appearance of three stars. There is an unresolved doubt among the Rabbis if this time is considered as the conclusion of the previous day, the beginning of the following day, or a separate time of its own. See Hilchot Shabbat 5:4. and then discovers bleeding on the ninth day and the tenth day, there is an unresolved doubt if she is considered a [major]35I.e., she is certainly a minor zavah. zavah.36She must count seven \"spotless\" days before engaging in relations. Also, she brings a sacrifice, but it is not eaten, as explained in Hilchot Mechusrei Kapparah 1:6. For perhaps the [blood] discovered at first was on the eighth night and thus it is as if she discovered blood on three consecutive days at the beginning of her days of zivah.
Similarly, if she discovered bleeding on the ninth and tenth days of her days of zivah and discovered bleeding again at the conclusion of the eleventh day during bein hashamashot, there is an unresolved doubt if she is considered a [major] zavah. For perhaps the final discovery [of bleeding] was on the eleventh day and she will have discovered [bleeding] on three consecutive days during her days of zivah.", + "When a niddah inspects herself in the midst of her days of niddah and discovers that her bleeding has ceased, even if it ceased on the second37On the first day, however, such an inspection is of no consequence, for as the Rambam states at the conclusion of the halachah, on the first day, we assume that she will continue to bleed. day of her menstrual period, and either, inadvertently or intentionally, did not inspect herself again until many days after her [days of] niddah and discovers impurity,38I.e., uterine bleeding. we do not say that she was impure for all those days and [hence,] she is a zavah.39I.e., we do not consider her to have bled for the entire time from the time she first inspected herself until the time that she discovered the bleeding. Instead, throughout the entire time that she did not inspect herself, we operate under the presumption that she is pure.40I.e., we say that the uterine bleeding did not begin until it was discovered. This reflects a general principle: Once uterine bleeding is known to have stopped, we do not think that it has begun again until it is discovered. The Maggid Mishneh explains that this law applies whether the woman immersed herself or not.
If she inspected herself and found impurity, even if she checked herself on the seventh of her days of niddah, if she did not inspect herself again [before] bein hashamashot to separate herself from the impurity of niddah, but instead waited [several] days and afterwards inspected herself and found that she was pure, there is an unresolved doubt if she is considered a [major] zavah.41For perhaps she had continued bleeding from the conclusion of her days of niddah until shortly before she made an inspection. We have no way of knowing either way and hence, give her the status of a zavah because of the doubt.
If she discovered impurity, she is definitely a zavah. [The rationale is that since] at the beginning she discovered impurity and at the end, she discovered impurity, we operate under the presumption that she did not stop bleeding.42Although we do not have certain evidence that she continued to bleed for this entire time, we operate under that assumption for the reason the Rambam mentions.
On the first day of menstruation, even though a woman [conducted an inspection and] found that she was pure, it is as if she discovered impurity. For on the first day of menstruation, we operate under the presumption that a woman's flow will continue.43From the statements of the Shulchan Aruch (Yoreh De'ah 196:2) and the notes of the Dagul Mervavah, it would appear that if the woman's flow stops in the late afternoon of the first day, it is considered to have ceased.", + "When a zavah inspects herself on the first day of [the seven days]44After making a hefsek taharah, an inspection that determines that the bleeding has ceased on the previous afternoon, before sunset. she must count and finds herself pure and then did not inspect herself until the seventh day and found that she was pure, she can be assumed to be pure.45Nevertheless, at the outset, a woman should inspect herself twice on each of these seven days [Shulchan Aruch (Yoreh De'ah 196:4)]. It is as if she inspected herself for all of the seven days and discovered herself to be pure.", + "Similarly, if she inspects herself on the first day of [the seven days] she must count and finds herself pure and [inspects herself] on the eighth day and found that she was pure, she can be assumed to be pure.46I.e., despite the fact that she waited an extra day and did not immerse herself as soon as she was allowed, she is still considered as pure.
If she checked herself on the third day of zivah and discovered that the bleeding had ceased, but did not check herself on the first day of counting and then checked herself on the seventh day, she can be assumed to be pure.47See Shulchan Aruch (Yoreh De'ah 196:4) which mentions a difference of opinion on this matter, quoting also the opinion of Sefer Mitzvot Gadol who maintains that one must make an inspection on both the first and the seventh day.
The same laws apply to a zav48Who must also inspect himself and count seven \"spotless\" days. See Hilchot Mechusrei Kapparah, ch. 3. with regard to all these inspections if he finds himself pure and it is considered as if he counted these days.", + "Whenever there is a doubt whether a woman is niddah or a zavah, she must count seven \"spotless\" days49As is required of a zavah. because of the doubt. She immerses herself on the night preceding the eighth day50Like a niddah who may not immerse herself during the day. Afterwards, she is permitted to her husband. She must bring the sacrifice of a zavah, but it is not eaten as will be explained in the appropriate place.51Hilchot Mechusrei Kapparah 1:6." + ], + [ + "When a pregnant woman begins to feel pain, the labor pains take hold of her, and there is a flow of blood before she gives birth, that bleeding called \"the blood of the throes.\"
What are the laws that govern it? If it comes during her days of niddah, it is considered as niddah bleeding and she is impure as a niddah. If it comes in her days of zivah, she is pure.1This law applied in the Talmudic era. As explained in Chapter 11, in subsequent generations, Jewish women accepted further stringencies upon themselves and such bleeding was considered as impure. [This is derived from Leviticus 15:19]: \"When blood flows within her flesh.\" According to the Oral Tradition , we learn that the bleeding must come from herself, and not because of a child.
[The above applies] provided she gives birth to a living child. If, however, she miscarries, [the laws of \"the blood of] the throes\" do not apply.
Even if the blood is flowing together with contractions and pain for fourteen days2Even though there are only eleven \"days of zivah and thus some of this bleeding must come during her \"days of niddah,\" since the bleeding began during the \"days of zivah,\" she is granted an additional leniency. Niddah 38b derives this concept through Biblical exegesis. before she gives birth, this is considered as \"the blood of the throes\" and she is pure. If, however, the bleeding began fifteen days or more before birth, the bleeding is considered as \"the blood of zivah\" and the laws that apply to a woman who gives birth while in the state of zivah apply to her.3As explained in Halachot 5-7.", + "When does the above apply? When the contractions, throes, and pain did not cease, but instead, she continued having difficulty until she gave birth. If, however, she discovered bleeding for three days or more during her \"days of zivah\" amid pain and throes, but the pains cease and the throes ease after three days and she is able to remain comfortable for 24 hours or more, she is a zavah.4I.e., the bleeding is considered as ordinary \"blood of zivah.\" For if the bleeding was coming as a result of the child, the pain and the throes would not cease [for that long]. If she gives birth afterwards, the laws that apply to a woman who gives birth while in the state of zivah apply to her.5As explained in Halachot 5-7.", + "When she discovers bleeding for one day without pain and then for two days with difficulty and then gives birth, [discovers bleeding] for two days without pain and then for one day with difficulty and gives birth, or [discovers bleeding] for one day with difficulty, then for one day without pain, and then for one day with difficulty and gives birth, the laws that apply to a woman who gives birth while in the state of zivah do not apply to her.
If, however, she discovers bleeding for one day with difficulty and then for two days without pain and then6From the following halachah, the intent appears to be \"on the next day,\" i.e., on the fourth day of this sequence. gives birth, [discovers bleeding] for two days with difficulty and then for one day without pain and gives birth, or [discovers bleeding] for one day without pain, then for one day with difficulty, and then for one day without pain and gives birth, the laws that apply to a woman who gives birth while in the state of zivah apply to her.7As indicated by the general principle the Rambam cites. If the bleeding before birth is not accompanied by pain, it is not coming as a result of the birth.
This is the general principle: When there are throes in proximity to birth, the laws that apply to a woman who gives birth while in the state of zivah do not apply to her. When there is ease in proximity to birth, the laws that apply to a woman who gives birth while in the state of zivah apply to her.", + "When the third day of her sighting blood is the day on which she gives birth, even if the entire day is characterized by ease, the laws that apply to a woman who gives birth while in the state of zivah do not apply to her. [The rationale is that] the day she gave birth is close to difficulty.8Since she gave birth on that day, she certainly experienced difficulty on it. For it is impossible to give birth without difficulty. Hence, the bleeding on the third day is attributed to the birth (Kiryat Sefer).
If she discovered bleeding for two days and miscarried on the third day, but did not identify what emerged in the miscarriage,9We are not sure if she discharged a fetus without bleeding or merely an extensive amount of bleeding. See Niddah 21b. This reinforces the position that it is possible for the uterus to open without bleeding. her status is doubtful. There is a question if the laws of zivah or the laws of a woman who gave birth apply to her.10In which instance, she is impure because of the birth. She must, however, count one \"spotless\" day before immersing herself, because of the two days on which she experienced bleeding.", + "What are the laws that apply to a woman who gives birth while in the state of zivah? She must abide seven spotless days.11I.e., seven days without uterine bleeding. This is extremely rare after birth. Hence it is undesirable for a woman to be given this status. Afterwards, she immerses herself at night and is permitted to her husband. Only then do the laws of \"the blood of purity\" apply to her. She must bring an offering of a zavah and the offering of childbirth. Accordingly, if she gives birth to a male, even if her bleeding ceases on the day she gives birth, she should count seven \"spotless\" days and immerse herself. If she gives birth to a female and counts seven \"spotless\" days which conclude with the fourteen days [she is impure because of] birth or after them, she can immerse herself and she is permitted to her husband. If the days of her counting conclude within the fourteen days, she is forbidden to her husband until the fifteenth night.12She must immerse herself on the fifteenth night. For within the fourteen days, she is considered as a niddah and her immersion is of no consequence (Kessef Mishneh).", + "What is implied? If she discovered bleeding for three days and then counted seven \"spotless\" days, there are [only] ten days and she remains forbidden to her husband until the fifteenth night.13Because of the birth of a female. We do not allow her to immerse herself during the day like a zavah. For the entire fourteen days, she is like a niddah.
Why do we not require a woman who gives birth while in the state of zivah to count seven \"spotless\" days after the seven days [of impurity that follow] the birth of a male or the fourteen days [of impurity that follow] the birth of a female?14Seemingly, that would be necessary, for she is impure at the time she is counting. Because the days following birth and the days of niddah in which blood is not sighted are counted as part of the seven \"spotless\" days, as will be explained.15In Halachah 11.", + "When a woman who gives birth while in the state of zivah does not cease bleeding,16For seven \"spotless\" days. [the laws of] \"the blood of purity\" do not apply to her. Instead, any uterine bleeding is considered as the bleeding of zivah. If, however, she counted seven \"spotless\" days, completed the fourteen days [following the birth of] a female, and then immersed herself, [the laws of] \"the blood of purity\" apply to her [should] she sight bleeding during the 40 days following the birth of a male and the 80 days following the birth of a female.17For once she immersed herself after counting seven \"spotless\" days, her bleeding is no longer impure, as reflected in the following halachah.", + "If she counted seven \"spotless\" days, but did not immerse herself immediately and afterwards18I.e., on the day(s) after the seven \"spotless\" days and the fourteen days associated with the birth of a female were completed. discovered bleeding, she may [nevertheless] immerse herself. She is permitted to her husband immediately, for all of the days of purity are not fit neither for niddah, nor for zivah.19Thus the fact that she discovered bleeding does not change her state. Nevertheless, until she immerses herself, the blood itself is impure and renders others impure like the blood of niddah.20See Hilchot Mitamei Mishkav UMoshav 5:2.", + "[The following laws apply when a woman] gives birth to a female and after the fourteen days of impurity, she becomes pregnant again. She then [begins to miscarry and] the blood of childbirth begins to flow with the 80 days [of blood of purity]. This is also considered as \"pure\" blood. Although generally, we do not consider bleeding which precedes miscarriage as bleeding which precedes childbirth,21I.e., bleeding which precedes miscarriage renders a woman impure, while bleeding in the throes of childbirth does not. [an exception is made in this instance]. For any blood that she sights during the days of purity is pure until she [actually] miscarries. When she miscarries, she becomes impure because of the birth. If [the fetus] she miscarries was male, she is impure as if she gave birth to a male. If [the fetus] she miscarries was female, she is impure as if she gave birth to a female. She counts the days of impurity and then the days of purity from the second \"birth.\"
Even if she was pregnant with twins and miscarried one on one day and miscarried the other after several days passed, she counts days of impurity and days of purity from the second [miscarriage].", + "When the flow of a zavah ceases, she begins to count her seven \"spotless\" days, and then the blood of the throes of childbirth comes in the midst of the \"spotless\" days, it does not nullify her counting. [On the contrary,] the days of bleeding are counted as part of the seven days.22The Rambam's ruling is based on the concept that since this blood is not impure, there is no reason why it should interrupt her counting. It is only impure bleeding that nullifies a woman's calculations.
The Ra'avad and others differ with the Rambam's ruling, explaining (based on Niddah 37a) that although the blood that precedes childbirth does not nullify a woman's counting, since she sights bleeding on these days, they cannot be considered as \"spotless\" days and therefore are not included in her reckoning.

Similarly, if she gave birth in the midst of the seven \"spotless\" days, the birth does not nullify her counting. Indeed, the days of birth can be counted in the seven [\"spotless\"] days23Provided she does not discover bleeding on them. If, however, she discovers bleeding, as stated in the following halachah, her counting is not nullified, but the days cannot be counted as \"spotless,\" because this blood is impure (Maggid Mishneh). even though she is impure. [This is indicated by Leviticus 15:28]: \"If she has become pure from her zivah.\" Implied is that since she has become pure from her zivah - even though she is impure for other reasons, e.g., the impurity of childbirth, the impurity of niddah, or the impurity of tzara'at24An affliction which is popularly - though incorrectly - translated as leprosy. See Leviticus ch. 13 and Hilchot Tumat Tzara'at. - she may count on them. These types of impurity and the like do not nullify her counting.", + "When a woman does not discover bleeding in her niddah days25With this statement, the Rambam is implying two points:
a) as mentioned above, a woman returns to her cycle of niddah at the advent of the appropriate day, regardless of whether she has counted seven \"spotless\" days or not.
b) The seven \"spotless\" days need not be consecutive.
As mentioned in Chapter 6, the Ramban and others differ with the Rambam concerning these points (Maggid Mishneh). To reiterate, none of these points are at all relevant in the present day. For, as will be explained in ch. 11, from the late Talmudic era onward, Jewish women accepted the practice of counting seven \"spotless\" days after any and all uterine bleeding.
and the days following childbirth, they may be counted as part of her seven \"spotless\" days. If she does discover bleeding during these days, these days are not counted, nor do they nullify her previous reckoning. Instead, she completes her counting, adding to the days counted previously, when her bleeding ceases. For the only bleeding that nullifies a woman's counting is zivah bleeding. These types of bleeding invalidate only that very day.", + "After you have understood all the fundamental principles which we have explained, you will be able to comprehend our Sages' statement26Niddah 38a. By quoting this and the other instances mentioned until the end of the chapter, the Rambam is also supporting his interpretation of \"the days of niddah\" and \"the days of zivah,\" explaining these passages according to his conception of these principles. that a woman may discover uterine bleeding for 114 consecutive days without becoming a [major] zavah.
What is implied? [The first days are] the last two days before her days of niddah.27I.e., the tenth and eleventh days of the days of zivah. [They are followed by] the seven days of niddah, two days [of zivah] which follow the days of niddah,28From this, we see that the three days of zivah bleeding must be consecutive. If they are interrupted by other days, even by days on which the woman suffers uterine bleeding, she is not considered as a zavah. 14 days of [pre-birth] difficulty, the 80 days associated with the birth of a female, the seven days of niddah, and two days [of zivah] which follow the days of niddah.
From this, one learns that any bleeding that a woman discovers after the completion of the days associated with childbirth marks the beginning of her days of niddah. We do not pay attention to the previously existing times when she would be expected to menstruate.
Accordingly, there is a doubt whether a woman who discovers bleeding bein hashamashot29Between sunset and nightfall, at which time, there is, as explained above, a doubt whether it should be considered part of the previous day or the coming day. is a niddah. For perhaps it is considered as if she discovered the bleeding at night, when her days of niddah could begin.", + "We have already explained30Chapter 4, Halachah 6; Chapter 6, Halachot 9-11. that when a woman continues her niddah bleeding for seven days, she is permitted to engage in relations on the night of the eighth day after she immerses herself.31Provided of course, the bleeding ceases before nightfall. A minor zavah who watches herself for one pure day and immerses herself is permitted to engage in relations in the evening. A major zavah must count seven \"spotless\" days. Then she immerses herself and is permitted to engage in relations on the night of the eighth day. There are only eleven days between [one set of] the \"days of niddah\" and a second set. During these eleven days, [a woman who discovers uterine bleeding will be either a minor zavah or a major zavah.", + "When you will remember all of these fundamental points, you will understand our Sages' statement32Niddah 54a. that a woman who has established a fixed [continuous] pattern in which she discovers bleeding on one day and does not discover it on the following day. At the outset, she may engage in relations on the night and day of the eighth day,33For as stated in the previous halachah, a woman may immerse herself and engage in relations directly after her \"days of niddah\" even if she discovered bleeding on the last day. i.e., the first day after her \"days of niddah.\" [On the whole,] she may engage in relations only four nights34I.e., the nights, but not the days. during eighteen days.35After eighteen days, the entire cycle repeats itself for her \"days of niddah\" begin again. She may not engage in relations during the days which are pure, because the days must be watched because of the [previous] impure day.36I.e., a minor zavah must watch one day for every impure day. Therefore the woman must watch the tenth day, because of the bleeding of the ninth, the twelfth day, because of the bleeding of the eleventh, etc. In addition to the day and the night preceding and following the eighth day, he is allowed to engage in relations only on the nights preceding the eleventh, thirteenth, fifteenth, and seventeenth days. For the days which precedes these nights are pure. The other nights were preceded by days in which she discovered uterine bleeding. Accordingly, if on the impure days, she always discovers bleeding at the beginning of the night, she may only engage in relations on the eighth day which is the first day after her \"days of niddah.\"", + "If [a woman's established pattern] is to discover bleeding for two impure days and then to experience two pure days, she may engage in relations on the eighth, the twelfth, the sixteenth, and the twentieth.37After the eighteenth day, she returns to her \"days of niddah.\" The Rambam, nevertheless, mentions the twentieth day, because she is permitted to engage in relations on that day, because although it is in her \"days of niddah,\" since she does not discover bleeding, she is not rendered impure. Although the cycle does not repeat itself in exactly the same manner צ i.e., her status in the second 18 days is opposite from the first צ she may engage in relations the same number of nights.
She is not permitted to engage in relations on the eleventh, fifteenth, and nineteenth days, for these days must be watched because of the impurity of the preceding two days.
", + "If [a woman's established pattern] is to discover bleeding for three impure days and then to experience three pure days, she may engage in relations on two of the three pure days that follow her \"days of niddah.\" For the first of them must be watched because of the two impure days that follow her \"days of niddah.\"38I.e., she will have discovered bleeding on the eight and ninth days, rendering her a minor zavah and requiring that she watch one pure day. Afterwards, she may never engage in relations again. For she will be established as a major zavah,39After discovering blood on the thirteenth, fourteenth, and fifteenth days. but will never count seven \"spotless\" days [to purify herself].40For she only has three \"pure\" days, before she bleeds again.", + "If [a woman's established pattern] is to discover bleeding for four impure days and then to experience four pure days, she may engage in relations on one day after her [\"days of] niddah.\"41For the eighth day, the day immediately following her days of niddah is not impure. Afterwards, she may never engage in relations again.42For as explained in the previous halachah, she will never reach seven \"spotless\" days to purify herself from the state of zivah. This principle also applies in the following two halachot.", + "13If [a woman's established pattern] is to discover bleeding for five impure days and then to experience five pure days, she may engage in relations on three days after her [\"days of] niddah.\"43For the eighth, ninth, and tenth days are pure. Afterwards, she may never engage in relations again.", + "13If [a woman's established pattern] is to discover bleeding for six impure days and then to experience six pure days, she may engage in relations on five days after her [\"days of] niddah.\"44For the eighth, ninth, tenth, eleventh, and twelfth days are pure. Afterwards, she may never engage in relations again.", + "If [a woman's established pattern] is to discover bleeding for seven impure days and then to experience seven pure days, she may engage in relations during the first pure week that follows her [\"days of] niddah.\" That is followed by an impure week which establishes her as a zavah.45For the first four days of this week of impurity fall during her \"days of zivah.\" The week which follows is required to count [seven \"spotless\" days] and it is forbidden to engage in relations during it. Thus in four weeks she is allowed to engage in relations for only one week. Throughout her entire life, she may engage in relations for eighteen days in eighteen weeks.46After eighteen weeks, she returns to her original situation, discovering bleeding for her seven \"days of niddah\" and then begins the entire cycle again.
What is implied? During the fifth week, she is a zavah. The sixth week in which she is pure is required to count [seven \"spotless\" days]. During the seventh week, she is a zavah. During the eighth week, she must count. During the ninth week, when she discovers bleeding, five of these days are [during her] \"days of niddah\" and two are [during] the beginning of her \"days of zivah.\"47Since she discovered bleeding during only two days of zivah, she is not considered as a major zavah and is not required to count seven \"spotless\" days. [Hence,] she must watch one day48As is required of a minor zavah. of the tenth week and may engage in relations for six [days]. During the eleventh week when she discovers bleeding, two are the conclusion of the days of zivah49Since she discovered bleeding during only two days of zivah, she is not considered as a major zavah and is not required to count seven \"spotless\" days. and five are during \"the days of niddah.\" During the twelfth pure week, she may engage in relations for five days.50For the first two days are \"days of niddah\" that where preceded by days on which she discovered bleeding. Hence she is forbidden to engage in relations on them. During the thirteenth week, she is a zavah. During the fourteenth week, she must count. During the fifteenth week, she is a zavah. During the sixteenth week, she must count. During the seventeenth week, she is a zavah. During the eighteenth week, she must count.
She continues to count in this manner forever.51For as stated above, every eighteen weeks, she returns to her original cycle. Thus she will be able to engage in relations on eighteen days in eighteen weeks. If she did not have such a physical difficulty, and she would be a niddah for a week and be pure for eleven days, she would be able to engage in relations for eleven weeks, i.e., 77 days, out of the eighteen weeks.", + "When she discovers bleeding for one impure week and then is pure for a week, and thus can engage in relations for eighteen days, this is approximately52A day and a fraction less. one fourth of the days [on which she would ordinarily be allowed to engage in relations]. This is what our Sages53Niddah 54a. This represents the Rambam's understanding of that passage. As the Maggid Mishneh relates, the Ramban has a different conception of the meaning of \"days of niddah\" and \"days of zivah.\" According to his conception, our Sages' words can be interpreted exactly.\" [implied when] saying: \"She may engage in relations for a fourth of her days.\"", + "If [a woman's established pattern] is to discover bleeding for eight impure days and then to experience eight pure days, she may engage in relations for fifteen days amid 48 days.54The Maggid Mishneh notes that there is a difficulty, because the cycle does not renew itself after 48 days. Instead, it is not until 144 days that the cycle is renewed. Again, it is because of his interpretation of \"days of niddah\" and \"days of zivah\" that he somewhat contorts the interpretation of Niddah, loc. cit.. The Maggid Mishneh notes that in this instance as well, the interpretation of the Ramban leads to a straightforward explanation of that passage.
What is implied? Of the first eight days, seven are her \"days of niddah\" and one is the first of the \"days of zivah\" that follow the \"days of niddah.\" She must watch one of the eight pure days and can engage in relations on seven of them. Afterwards, come seven impure days. Two of them are the final days of her \"days of zivah\" and six are in her days of niddah. Then come eight pure days. The first of them is the conclusion of her \"days of niddah.\"55Hence she may not engage in relations on it. It nevertheless serves as a \"spotless\" day to release the prohibition from the two days of zivah bleeding. She may engage in relations on the remaining seven.
Then come eight impure days. Four of them are the final days of her \"days of zivah\" and four are in her \"days of niddah.\" Thus she is a major zavah and must count seven \"spotless\" days. Afterwards, come seven pure days. She counts for seven of them and may engage in relations for one day. Thus she may engage in relations for fifteen days in each 48.56In truth in the first 48 out of 144 as stated above.", + "If [a woman's established pattern] is to discover bleeding for nine impure days and then to experience nine pure days, she may engage in relations for eight days in every eighteen days forever.57In this instance, the Rambam's interpretation also produce an effective calculation. For the woman's physical cycle is renewed every eighteen days and precisely that time is duration of the cycle of niddah and zivah.
What is implied? Of the nine impure [days]: Seven of them are her \"days of niddah\" and two are \"days of zivah\" that follow her \"days of niddah.\" She must watch one day58For she does not become a major zavah if she bleeds for two days. of the nine pure days and may engage in relations on the remaining eight. This pattern continues forever.", + "If [a woman's established pattern] is to discover bleeding for ten impure days and then to experience ten pure days - and the same rules prevail for more than ten, indeed even 1000 days, if the same number of days are pure as impure59In this instance, the pattern will always return to the same starting point, for in all instances, the woman will have three days of zivah among her impure days and seven \"spotless\" days among her pure days. She will thus always become a zavah and require seven \"spotless\" days to become pure. Even though in the subsequent cycles, the first day she discovers bleeding may not be one of her \"days of niddah,\" the same laws still apply. - the number of days when she may engage in relations will equal the number of days [from when she began bleeding]60We have made this addition so that the Rambam's statements follow his interpretation of \"days of zivah.\" See the Maggid Mishneh. as a zavah.
What is implied? If there are ten impure days, seven of them are days of niddah and three days of zivah. [Therefore on] her ten pure days, she must count seven and may engage in relations on three. Thus there will be three days when she may engage in relations and three days of zivah. Similarly, when she is impure for 100 days and pure for 100 days. The first seven are days of niddah and the following 93 [start on] her \"days of zivah.\" Hence, of her 100 pure days, seven must be counted and she may engage in relations on 93 of them. Similar principles apply with regard to 1000 days or any other number of days." + ], + [ + "There are women who have vesetot, established times [when they menstruate] and other women who do not have vesetot. Instead, they feel nothing until the blood is actually released1I.e., the onset of menstruation is not associated with a specific physical symptom, as stated in Halachah 2. and they do not have a fixed day on which they menstruate.
[The intent when speaking of] a woman who has a veset is that there is a specific day - [e.g.,] from the twentieth [day of the month] to the twentieth or from the twenty-fourth to the twenty-fourth, or more or less - [on which she begins to menstruate].", + "Before the onset of menstruation, she will demonstrate physical symptoms,2From the Rambam's wording, it appears that for a woman to establish a veset, two factors are necessary: a) that there be a fixed monthly pattern when menstruation begins, and b) the onset of menstruation be preceded by physical symptoms. The other halachic authorities do not rule in this manner. They maintain that either of these two factors is independently powerful enough to establish a veset (Maggid Mishneh). Their view is followed by the Tur and the Shulchan Aruch (Yoreh De'ah, ch. 189). [e.g.,] she yawns, sneezes,3Our translation of these two terms is based on Rav Kapach's translation of the Rambam's Commentary to the Mishnah (Niddah 9:8). There are other commentaries who offer different interpretations. feels anxiety at the opening to her stomach and lower intestinal area, the hairs of her flesh will stand up, her flesh will become warm, or any similar physical symptoms.4For these physical symptoms to be considered as a veset, they must be repeated three times before the onset of menstruation (Niddah 63a). She will experience these - or at least one of these - symptoms at the fixed time when she [will menstruate] on the established day.", + "We have already explained5Chapter 4, Halachah 16. As mentioned in the notes to that halachah, most other authorities differ with the Rambam with regard to these requirements. that any woman who does not have a [fixed] veset is forbidden to engage in relations until she makes an internal examination first. If she has a [fixed] veset, she is forbidden to engage in relations through the entire time of the veset. If her veset is during the day, she is forbidden to engage in relations throughout the entire day.6The Tzemach Tzedek notes that Hilchot Mitamei Mishkav UMoshav 3:6 states that a woman may touch ritually pure articles during the time her veset is expected. It is only when she actually discovers bleeding that she conveys ritual impurity upon these articles. He explains the difference between that law and the laws governing relations based on Shulchan Aruch HaRav 189:97 by saying that we fear that relations will cause menstruation to come earlier. If her veset is during the night, she is forbidden to engage in relations throughout the entire night. She should begin counting her \"days of niddah\" and her \"days of zivah\"7I.e., the seven \"days of niddah\" and the eleven \"days of zivah.\" from the day of the veset at all times.8The commentaries have noted somewhat of a difficulty with the Rambam's statements. As he stated in Chapter 6, according to his conception, the cycle of niddah and zivah begin again after eighteen days. Now what if a woman has a 20 day cycle or a 25 day cycle? According to the Rambam's statements here it would seem that \"days of niddah\" and the \"days of zivah\" should be counted from the day of the veset, i.e., each 20 days or 25 days.", + "Therefore women must be careful with regard to vesetot until they know the day and the hour when a veset is established. If her pattern was to begin menstruation on the twentieth day9The Maggid Mishnehinterprets this law as speaking about the intervals between the onset of menstruation (veset haflagah). This interpretation is borne out by the manner in which the Tur and the Shulchan Aruch (Yoreh De'ah 189:14) quote this law. From the Siftei Cohen 189:40, it appears that the Rambam is speaking about the twentieth and the twenty-third of the month (veset hachodesh in halachic terminology). and the twentieth day came and she did not menstruate and she did menstruate on the twenty-third, she is forbidden [to engage in relations on] the twentieth and twenty-third.10The twentieth is forbidden because as the Rambam continues to explain, once a veset has been established, it is not uprooted until it passes three times without the woman menstruating. The twenty-third is forbidden, because since she began menstruating on that day, we fear that she will begin menstruated upon it in the following month. See also Halachah 8.
Similarly, if a second time she did not menstruate on the twentieth and [instead,] began to menstruate on the twenty-third day, both days remain forbidden.11For the same reasons as stated in the previous note. If for a third time, she did not menstruate on the twentieth and [instead,] began to menstruate on the twenty-third day, the twentieth day is purified12I.e., she is no longer forbidden to engage in relations on that day. and the veset is transferred to the twenty-third day. For a woman does not establish a veset until she establishes it three times, nor does she uproot a veset until she bypasses it three times.", + "When a veset is established because of outside factors, even if recurs several times, it is not a veset, because [menstruation] came as a result of an outside factor.13According to the Maggid Mishneh, the \"jumping\" mentioned in the following clause illustrates this principle. The \"jumping\" is an external factor that is not dependent on a woman's internal physical pattern. Even if on three separate occasions, a woman menstruates as a result of \"jumping,\" she is not considered to have established a fixed veset. The Shulchan Aruch (Yoreh De'ah 189:17) quotes this principle. The Rama quotes the Hagahot Maimoniot which state that although the jumping is not regarded with the severity of a fixed veset, it is considered as an irregular veset. Until a situation passes when the woman does not menstruate after jumping, she is forbidden to engage in relations afterwards. The Tur rules that even an external factor can cause a veset if a pattern recurs on three consecutive occasions.
If a woman jumped14Perhaps \"jumping\" can be interpreted as \"undergoing strenuous exercise\" which could be considered as a cause for hastening the onset of menstruation. and menstruated and [again] jumped and menstruated, she establishes a veset for the specific day without considering whether she jumped. What is implied? She jumped on Sunday and menstruated. After an interval of 20 days,15I.e., the day of menstruation is not counted in the interval. she again jumped on Sunday and menstruated. Then after an interval of 19 days, she jumped on the Sabbath and did not menstruate, but menstruated after the Sabbath without jumping, she establishes [a fixed veset] for Sunday after a twenty day interval.16The Maggid Mishneh deals with question what would happen if the woman jumped and menstruated on Sunday for a third consecutive time. Would her veset be established for the interval only in connection with jumping? Or would the interval itself be considered as a veset. There would be a difference in law if on the fourth occasion after the interval, she did not jump. Is she forbidden to engage in relations or not. The Maggid Mishneh maintains that according to the Rambam, she would be forbidden, because the Rambam does not attach any significance to the external factors. Other authorities - and this view is sustained by the Shulchan Aruch (Yoreh De'ah 189:18) - maintain that unless she jumps, she is not forbidden after the fourth interval. For it is clear that the interval causes her to menstruate and not jumping,17Even though she jumped on the previous day, that jumping is not considered as significant and is not associated with her monthly pattern. Note the Maggid Mishneh's explanation of the approach of the Rashba which differs. and the interval has been established as the onset of menstruation on three occasions. Similar laws apply in all analogous situations.", + "When a woman begins menstruating on the fifteenth of one month, and menstruates on the sixteenth of the following month, the seventeenth of the month which follows that, and the eighteen of the month which follows that, she establishes a veset which advances.18There must be four months in the cycle, so that there are three months during which she advanced a day. In such a situation in the fifth month, she must expect to menstruate on the nineteenth.
The Shulchan Aruch (Yoreh De'ah 189:7) quotes the Rambam's ruling, but also that of Rabbenu Chananel and the Ra'avad which maintains that a veset is established even after only three months of such a pattern.

If during the fourth month, she begins menstruating on the seventeenth, the veset is not established.19For she did not increase a day in the fourth month. Instead, [in the following month,] she suspects that she will menstruate on the day on which she menstruated during the previous month.20I.e., on the seventeenth of the month. She does not have to be concerned with the fifteenth and the sixteenth. Since she did not begin menstruating on that day in the month which followed it, she need not be concerned with it any longer.
This requirement applies to any woman who does not have a veset kevua, a fixed time when she is known to begin menstruating. According to the halachah at present, a woman in such a situation must refrain from relations on three occasions: the day or the night of the date of the month on which she menstruated in the previous month, the day or the night which matches the interval between her onset of menstruation in the previous and that of the month which preceded it, the day and night of the thirtieth day since the onset of menstruation.
If that day arrives and she does not menstruate, that day becomes pure and is no longer suspected. For only a date that has been established by three [consecutive onsets] need be uprooted by three consecutive occasions when menstruation does not occur.", + "If her pattern had been to begin menstruation on the fifteenth and she changed21On one occasion. to the sixteenth, [relations] are forbidden on both.22On the fifteenth because of the existing pattern, and on the sixteenth because of her menstruation in the previous month. The point of this halachah is that when a woman deviates from an established veset, she must show concern both for that established veset and for the date (and interval) resulting from the previous month. If, [in the following month,] she changed to the seventeenth, the sixteenth is released and the seventeenth becomes prohibited. The fifteenth remains prohibited.23Because it must pass three times without her menstruating upon it. If, [in the following month,] she changed to the eighteenth, the eighteenth becomes prohibited24In his Kessef Mishneh, Rav Yosef Caro questions the Rambam's ruling. Seemingly, in this instance, since she increased by one day each month, she established a fixed veset according to that pattern. Thus in the following month, she must show concern over the nineteenth.
In his Kessef Mishneh, Rav Yosef Caro explains that in addition to showing concern for the nineteenth, the woman must show concern for the eighteenth, since this was the day on which her menstruation actually began. In his Shulchan Aruch (Yoreh De'ah 189:7), however, he does not mention this point.
and all the other dates are released.", + "If her pattern had been to begin menstruation on the twentieth day and she changed to the twenty-second, they are both forbidden.25The twentieth as a fixed veset and the twenty-second because of the deviation in the previous month. If, [in the following month,] the twentieth arrives and she does not menstruate, but she does menstruate on the twenty-second, they both remain forbidden. If, [in the following month,] the twentieth arrived and she began menstruating, she is considered to have returned to her fixed pattern.26And it must be bypassed on three new occasions to be uprooted. As long as the veset is not uprooted by being bypassed on three successive months, it becomes reaffirmed when the onset of menstruation recurs on it once. The twenty-second is released, because it was not established through three [onsets of menstruation].", + "A woman does not establish a veset in the midst of her \"days of niddah\" during which she has menstruated.27According to the Rambam's interpretation of \"days of niddah,\" the interpretation of this ruling is straightforward. Once a woman has sighted bleeding in her \"days of niddah,\" she cannot establish a veset on any of her other days of niddah. According to interpretation of the Ramban, the explanation is somewhat more complex. See the gloss of the Maggid Mishneh. Similarly, with regard to the other instances mentioned in this halachah, the explanation according to the approach of the Ramban - which as stated previously is accepted as halachah by most authorities - the explanation differs from that of the Rambam. Since she menstruates on one of these days, she cannot establish a veset in any of the seven. Similarly, a woman does not establish a veset in her eleven \"days of zivah.\" She may, however, establish a fixed veset in her \"days of niddah\" when she has not menstruated.
If she established a veset in her \"days of zivah,\"28The same laws would apply if she discovered bleeding only once during her \"days of zivah\" (without the phenomenon recurring three times). Perhaps the Rambam's intent is to emphasize that even if the phenomenon recurs three timmes, it can be uprooted when it is bypassed once. she must show concern over that veset.29As described in the following halachah. Whenever a veset is established in [a woman's] \"days of zivah,\" it is uprooted if it is bypassed even once. It does not have to be bypassed three times. [The rationale is that] it is an accepted presumption that a woman's [menstrual] blood is withdrawn on these days.30I.e., since it is unlikely that she will menstruate on these days, we treat any veset that has been established as an extraordinary event. Although she must take it into consideration, it can be uprooted easily.", + "What is meant by \"she must show concern over that veset\"? If she sighted bleeding on this veset for even one day, she must wait as a niddah because of the doubt.31Like a niddah, she is forbidden to engage in relations for seven days. [In the following month,] she is forbidden to engage in relations on that day even if she did not sight bleeding as32Our translation follows an emendation of the text based on authoritative manuscripts. See the Noda B'Yehudah, Vol. II, Responum 93, which explains this version. on the other days of the vesetot. If she discovers bleeding for three successive days, she is a zavah.33And must wait until seven \"spotless\" days pass. I.e., because of the doubt concerning her status, she is given both the stringency applying to a niddah - she is forbidden for seven days after even one sighting of blood - and the stringency associated with a zavah - she must count seven \"spotless\" days if she sights bleeding for three consecutive days (Maggid Mishneh).", + "When a woman frequently inspects herself at all times, her conduct is praiseworthy.34The Shulchan Aruch (Yoreh De'ah 184:1) interprets the Rambam's ruling as applying not at the time of relations. (For if she inspects herself before relations, her husband might think there is reason to refrain from relations.) At present, however, Rabbis have counseled woman not to inspect themselves unless there is a reason. For at times, the inspection itself can cause bleeding. See also Chapter 4, Halachah 16. [This applies] even if she has established a fixed veset. For bleeding may come at times other than her veset.
During the eleven days of zivah, we assume that she is pure.35For it is unlikely for her to menstruate then. [Hence,] she need not inspect herself. After her days of zivah,36When it is likely for her to menstruate. however, she should inspect herself.", + "When a woman remains passive37Our translation is based on authoritative manuscripts and early printings of the Mishneh Torah. The standard printed text reads \"If she forgot and did not....\" and does not inspect herself, either because of forces beyond her control or intentionally, she is assumed to be pure until she inspects herself and discovers [that she is] impure.38For we do not suspect that she became impure unless she actually discovers bleeding. Slightly different principles apply with regard to the veset on which she can be expected to begin menstruation arrives as explained in the following halachah and notes.", + "[The following laws apply when] a woman did not inspect herself at the time of her veset39The initial and preferred course of conduct is that when a veset passes without a woman discovering uterine bleeding, she should inspect herself to ensure that this is so. She is forbidden to engage in relations unless she makes such an inspection. See Shulchan Aruch (Yoreh De'ah 189:4). and inspected herself a few days afterwards and discovered that she was impure. Retroactively, she is considered impure from the time of her veset with regard to matters of ritual purity and impurity, as will be explained.40Hilchot Mitamei Mishkav UMoshav 3:5. There it is explained that since she discovered bleeding afterwards, we assume that she menstruated at the expected time and became impure. Nevertheless, she does not render a man who engaged in relations with her impure retroactively41A man who engages in relations with a niddah becomes impure. Nevertheless, a man who engaged in relations with a woman between the time of her veset and the time she discovered the bleeding is not placed in this category. For although we suspect that the woman became impure, there is no certainty that indeed this took place. and she may not count [the days of niddah] except from the time she discovered the bleeding.42A woman who is a niddah remains impure for seven days. These seven days do not begin from her veset, but from the time when she actually discovered the bleeding. If [in the inspection], she discovered that she is pure, we operate under the assumption that she is pure.43For although we suspect that menstruation will begin on the veset, if there is no evidence that this indeed happened, we do not assume that it did.", + "Similarly, when a woman discovers bleeding due to a wound that she has in her uterus, she is pure, even if she discovers the bleeding at the time of her veset.44The basic principle upon which this law is based is stated in Chapter 4, Halachah 20. In this halachah, the Rambam is merely clarifying that the fact that a woman has a fixed veset does not change the basic position. The blood is also pure. [The rationale is that the obligation to show concern for] vesetot is Rabbinic in origin, as will be explained in Hilchot Mitamei Mishkav UMoshav.45Chapter 3, Halachah 9. I.e., according to Scriptural Law, a woman is not impure until she actually discovers bleeding. Our Rabbis ordained that she should show concern for her veset, but they also limited the extent of that concern as reflected in the above laws.", + "A blind woman should conduct an internal examination herself and show [the ed] to her friends.46Since she cannot see, she obviously cannot inspect the ed, the cloth used for the examination. The Rambam (based on Niddah 13b) is emphasizing that she is relied upon to carry out a thorough internal examination. A deaf-mute47Who is considered the same as a mentally incapacitated individual. If, however, she is merely deaf or mute, she is considered as a mentally capable individual [Shulchan Aruch (Yoreh De'ah 196:8)]. and a mentally or emotionally incapacitated woman must be inspected by intellectually capable women48For these women cannot be relied upon to carry out a proper internal examination themselves. so that their vesetot can be established. [Afterwards,] they are permitted to their husbands.49A word of clarification is necessary. Our Rabbis ordained a marriage arrangement for deaf-mutes. They did not, however, ordain such an arrangement for mentally or emotionally incapable individuals.", + "Should a woman err and be unaware of the day when her \"days of niddah\"50Although in this and the following halachah, the Rambam uses the term veset, the intent of the term in this context is reflected by our translation. begins, if she menstruates, she must be concerned that she is a zavah.51I.e., she must observe both the stringencies incumbent on a niddah and those incumbent on a zavah as the Rambam continues to explain. Therefore if she menstruated for one day or two days, she must nevertheless wait a full seven52Before purifying herself as is required of a niddah. lest the blood have come in her \"days of niddah.\" And if she discovers bleeding for three days, she must count seven \"spotless\" days, lest she be in the midst of her \"days of zivah.\"", + "What must she do to redefine when her \"days of niddah\" begin, to know if she is definitely a zavah or that if there is a question concerning that53See the following halachah., and to know when her \"days of zivah\" begin? Everything is dependent on [the number of days] during which she discovers [bleeding].
If she discovered bleeding for one day or for two days, she counts the remainder of the seven54Days of niddah. and begins counting the eleven55Days of zivah. days after these seven.56The Maggid Mishneh explains that according to the Ramban's understanding of the terms \"days of niddah\" and \"days of zivah,\" this entire discussion is unnecessary. And according to the Rambam's understanding of these terms, it is somewhat difficult. For as stated above, the Rambam maintains that from the first time a woman menstruates her \"days of niddah\" are set. Nevertheless, in this situation, the Rambam maintains that, rather than leave a woman in a situation where she is continuously in doubt, our Sages advised her to begin counting \"her days of niddah\" anew from the time she menstruated.", + "If she discovered bleeding for three days, there is a doubt whether she is a zavah.57I.e., and therefore she must keep both sets of stringencies as mentioned above. The rationale for this ruling is that it is possible that the bleeding took place in her \"days of zivah.\" But, as the Rambam continues to explain, it is possible that this is not the case. For perhaps one of these days preceded her \"days of niddah\" and two were at the beginning of her \"days of niddah.\" Similarly, if she discovered bleeding for four days, [there is a doubt whether she is a zavah]. For perhaps two of these days preceded her \"days of niddah\" and two were at the beginning of her \"days of niddah.\" She must observe the five as the remainder of the seven and [count] the eleven days after these five.", + "Similarly, if she discovered bleeding for nine days,58The same ruling obviously applies if she discovers bleeding for from five to eight days. It is unnecessary for the Rambam to state this, because it is readily apparent. The Rambam feels it necessary to mention nine days, because this includes a new concept: that we allow for the possibility that she was bleeding for all seven days of niddah. Thus in addition to these seven days, we add two days of zivah. there is a doubt whether she is a zavah. Perhaps two of the days preceded her days of niddah\" and seven are her \"days of niddah.\" She begins counting the eleven days after the ninth day [on which] the bleeding stopped. Similarly, if she discovered bleeding for eleven days,59The same ruling obviously applies if she discovers bleeding for ten days. It is unnecessary to mention, for the rationale is the same as for eleven days. there is a doubt whether she is a zavah. Perhaps two of the days preceded her days of niddah,\" seven are her \"days of niddah,\" and two days followed her \"days of niddah.\" Thus there remain nine days within her \"days of zivah.\"60And her \"days of niddah\" begin when they are completed.", + "If she discovered bleeding for twelve days, she is definitely a zavah. For even if two of the days preceded her days of niddah\" and seven are her \"days of niddah,\" there are three days61The number of days necessary for her to be considered a major zavah. following her \"days of niddah. Thus there remain eight days within her \"days of zivah.\" The same laws apply if she discovered bleeding for thirteen days. There remain seven days within her \"days of zivah\" and they are the days on which she counts [seven \"spotless\" days].", + "Even if a women's menstruation continues for even 1000 days, as soon as the bleeding stops, she should count seven \"spotless\" days. After these seven days, a woman who erred begins anew her \"days of niddah.\"62I.e., this is sufficient for her to correct her reckoning.", + "Thus we learn: Whenever a woman errs, she never counts less than seven days from the time which her bleeding stops. Nor does she count more than seventeen. Afterwards, come her \"days of niddah.\"
What is implied? If she discovered bleeding for one day and then it stopped, she should count seventeen days. Six to complete her \"days of niddah\" and eleven as her \"days of zivah.\" If she discovers bleeding for thirteen days or more she counts seven \"spotless\" days after the bleeding ceases. Afterwards, her \"days of niddah\" begin as explained [above]." + ], + [ + "According to Scriptural Law,1In contrast to Rabbinic Law as defined by the following halachah.
The Turei Zahav 190:1 interprets the gloss of the Maggid Mishneh as stating that even if we are certain that a woman experienced uterine bleeding, if she did not experience the physical sensations that accompany menstruation, she is not impure according to Scriptural Law.
a woman does not become impure as a niddah or a zavah until she experiences a physical sensation,2The physical sensation described here is not the heaviness, nausea, or stomach contractions which sometimes precipitate a woman's menstrual bleeding. [These sensations are also halachicly significant, but are related to another aspect of the niddah laws - the determination of vesetos, the time when her menstruation could be expected to begin (see Chapter 8, Halachah 2).] Instead, here the intent is either: a) an awareness of the opening of the uterus, or b) shivers or shudders as in a state of shock. Certain authorities also speak of a third sensation: that of a flow of moisture in the uterine channel. See the commentaries to Shulchan Aruch (Yoreh De'ah 183:1). It must be emphasized that today, many authorities rule that a woman is unable to identify these sensations. menstruates, and discovers blood which emerges within her flesh as we explained.3Chapter 5, Halachah 2. She becomes impure from the time she menstruates and onward only.4I.e., according to Scriptural Law, she does not become impure retroactively.
If she does not experience a physical sensation, but conducts an internal examination, and discovers bleeding within the vaginal channel, we operate under the presumption that it was accompanied by a physical sensation,5Carrying out the internal examination, however, prevented her from feeling that sensation. as explained previously.6Chapter 5, Halachah 5, which states that the discovery of bleeding in the vaginal channel renders her impure.", + "According to Rabbinic Law, whenever a woman discovers a bloodstain on her flesh7As clarified in Halachah 8. or on her clothes,8As clarified in Halachot 9-11. she is impure, as if she discovered bleeding within [the vaginal channel] on her flesh. [This applies] even if she did not experience a physical sensation [and] even if she conducted an internal examination and did not discover bleeding.9We do not say that the fact that she did not discover any internal signs of bleeding indicates that the bleeding originated elsewhere. This impurity is [because of our] doubt;10Since we are speaking about a Rabbinic institution and there is doubt involved, there is some room for leniency as will be explained.
The Kessef Mishneh questions why we do not consider this a question of multiple doubt (s'fek s'feika) in which case we rule leniently. In this instance, it is possible that the blood came from her flesh and it is possible that it came from an outside source. And even if it came from her flesh, it is possible it came from the uterus and it is possible it came from the ovaries.
The Kessef Mishneh offers two resolutions: a) because of the serious nature of the prohibition involved, our Sages were stringent despite the multiple doubt;
b) when the woman has no outside factors to which the blood can be attributed, our Sages ruled stringently and maintained that it is considered as if the bleeding is definitely from her flesh. Thus there is only one doubt: whether the bleeding comes from the uterus or the ovaries.
Kin'at Eliyahu offers a third resolution: Essentially, there is one question involved? Did the bleeding originate in the uterus or elsewhere? Where elsewhere - the ovaries or an outside source - does not multiply the doubt involved.
perhaps the stain came from uterine bleeding.", + "Similarly, according to Rabbinic Law: Whenever a woman discovers bleeding at a time other than her veset11If she discovers bleeding at the time of her veset, we assume that she began menstruating then, since that is when she ordinarily menstruates, as stated in the following halachah. Otherwise, we assume she began menstruating beforehand. and whenever she discovers a bloodstain, she is impure retroactively for 24 hours.12I.e., any articles that she touched within that time are considered as if they are ritually impure. We assume that she began menstruating before she discovered the bleeding and therefore consider her impure retroactively. If she conducted an internal examination within this time and discovered that she was pure, she is impure retroactively until the time of the inspection.13I.e., we reduce the time of impurity from 24 hours, because she conducted an internal examination in the interim. Nevertheless, we still follow the basic premise that she is considered impure retroactively.
Although she is impure retroactively, she does not cause a man who engages in relations with her to become impure, as we explained.14Chapter 8, Halachah 13. Note Hilchot Mitamei Mishkav UMoshav 3:8 which states that although the man who engages in relations with her is not governed by the severe rules that apply to one who had relations with a niddah, he is still considered ritually impure for touching the woman. Nor may she begin counting her \"days of niddah\" or counting because of the stain except from the time she discovered the bleeding or the stain.
Whenever a woman discovers a stain, her reckoning [of her veset] is confused. For it is possible that the bleeding came from the uterus and her veset must be recalculated.15As stated in Chapter 8, a woman must calculate the day on which she is expected to begin menstruated. In this instance, she cannot do so, for she does not know whether to begin counting anew from the time she discovered the stain or perhaps her original cycle has not changed.", + "When a woman discovers bleeding at the time of her veset, she does not become impure retroactively. Instead, [the impurity begins] at the time [of discovery]. Similarly, a woman who is pregnant, nursing, a virgin,16These terms are defined in this and the following halachah. The rationale is that these women are not expected to menstruate. Hence, we do not show concern for the possibility that they menstruated at an earlier time. or elderly do not become impure retroactively.
What is meant by a pregnant woman? A woman whose pregnancy has become obvious, i.e., she is three months pregnant.17Even if she discovers her pregnancy earlier, she must take the bleeding into consideration until three months. What is meant by a woman who is nursing? A woman within 24 months of childbirth, even if her child died, she weaned him, or gave him to a nursemaid.18Conversely, although a woman continues nursing beyond this times, she is not granted this leniency (Hilchot Mitamei Mishkav UMoshav 4:1).", + "[The term] \"virgin\" refers to a girl who has never menstruated even through she experienced uterine bleeding because of marriage19I.e., hymeneal bleeding. or because of birth.20As stated in Hilchot Mitamei Mishkav UMoshav 4:3, this principle applies the first two times she menstruates.
The term \"elderly woman\" refers to a woman who did not menstruate for 90 days near her old age.21I.e., once three months pass without her menstruating, we assume that she will no longer menstruate according to a set pattern. When is she considered elderly? When she is called an old woman [by others] and she does not protest.
[The laws that apply when] a pregnant, nursing, or elderly woman [discovers] a stain are the same as when she discovers bleeding. She does not become impure retroactively. With regard to a virgin who has never menstruated and who is still a minor, a stain that is discovered is pure until she menstruates on three successive months.", + "What is the difference between a stain which is found on a woman's flesh and one found on her clothing? There is no minimum measure for a stain found on a woman's flesh.22She becomes impure no matter how small it is. A stain on a garment, by contrast, does not render a woman impure unless it is the size of half a Cilikean bean (a gris)23A gris is half a bean. Cilik is a place where beans grow very large [the Rambam's Commentary to the Mishnah (Keilim 17:112)]. Most contemporary experts consider this to be the size of an American dime. which is equivalent to a square large enough to contain nine lentils, i.e., three rows of three. If it is smaller than this, she is pure.24It is possible that the blood came from a louse that was inadvertently killed (see Halachah 23). Since the question is one of Rabbinic Law, we rule leniently and consider the woman pure. When, however, the stain is on her flesh, we rule stringently, because lice are not usually found on one's flesh (Kessef Mishneh).
The distinction between a stain on one's body and on one's clothes is not accepted by all authorities. Ra'avad, Ramban, and Rashba differ and maintain that there is no difference between the two. The Shulchan Aruch (Yoreh De'ah 190:6) quotes both opinions without stating which one is favored.

If [a stain] is composed of small spots, they are not considered as a single entity.25I.e. unless one of the spots is the size of a gris, the woman is considered pure. We are not concerned with the combined area of the spots. If it is extended, it is considered as a single entity.26In this instance, if the combined area of the stain is the size of a gris, the woman is considered as impure.", + "[When] a stain is discovered on an article that is not susceptible to ritual impurity, the woman is pure and she need not be concerned about it.
What is implied? If a woman sat on a utensil made of stone,27All of the following are examples of articles that are not susceptible to ritual impurity. The Rambam discusses all of these types of utensils in Hilchot Keilim. Commenting on the citation of this law in the Shulchan Aruch (Yoreh De'ah 190:10), the Rama (and Pitchei Teshuvah 190:19) also give the example of a toilet seat as an article that is not susceptible to ritual impurity. earth, animal dung, on fish skin, on the outside of an earthenware utensil,28For an earthenware utensil only contracts ritual impurity from its inside. or on a cloth that is smaller than three fingerbreadths by three fingerbreadths29A cloth of this size is considered too small to serve any purpose and hence, is not considered as a garment or utensil. and blood was discovered on the above, she is pure. Even if she inspected earth,30And found there were no bloodstains on it. then sat on it, and when she arose, a stain was discovered, she is pure. For our Sages did not decree that a woman would be impure when a stain was discovered on an article that is not susceptible to ritual impurity.31As mentioned above, the designation of a woman as impure because of a stain that is discovered is a Rabbinic decree. When our Sages instituted the decree, they allowed for leniency in certain instances. Nor did they decree [that a stain discovered on an article susceptible to ritual impurity renders a woman] impure unless that article is white.32Niddah 61b relates that originally our Sages thought to prohibit women from wearing colored garments as part of the mourning customs introduced because of the destruction of the Temple. Afterwards, they reconsidered and recommended that they wear such garments as the Rambam explains. If, however an article is colored, we are not concerned with a stain. For this reason, our Sages ordained that a woman should wear colored garments33On days other than her seven \"spotless\" days. so that she be protected from problems arising due to stains.", + "[A woman] does not become impure because of a bloodstain found on every place on her body, only due to those found opposite her genital area.
What is implied? If a stain is found on her heel, she is impure. For perhaps she touched her genital area when she sat.34In the Talmudic era, people would sit on rugs on cushions on the ground and when sitting in this manner, it is possible that a woman's foot will touch her genital area. Similarly, she is impure if a stain was found on her calves or on the inner side of her ankles, [the portions of her legs] that will touch each other when she stands with her feet and calves together. If it is found on the tip of her toe, she is impure. Perhaps [blood] dripped from the uterus to her foot when she walked.
Similarly, if blood is found in any place where her menstrual blood could have spattered when she walked, she is impure. Similarly, if blood is found on her hands, even on the backs of her fingers, she is impure. For the hands are active.35And it is possible that unknowingly, she touched a place on her body where there was menstrual blood (Maggid Mishneh). If, however, blood is found on the outer or side portions of her calves and, needless to say, if it is found from her thighs upward,36When restating this law, the Shulchan Aruch (Yoreh De'ah 190:11) uses the wording \"if it is found above her genital area.\" It also states that if a woman lifted her legs above her waist, she is impure even if a stain is found on the upper portion of her body. she is pure. For this is certainly blood that was spattered on her from another place.37I.e., we assume that the blood came from an external source. For it is not ordinary that her menstrual blood would spatter to these portions of her body.", + "When a bloodstain that is found on a woman's body is long like a strand or round, or made up of small drops, the length of the stain was across the width of her thigh, it looks like it came from below upward,38I.e., the shape of the stain appeared to indicate that the blood was spattered upward, rather than dripped downward. since it is opposite her genital area, she is impure. We do not say: Had it dripped from her body, it would not be found in such a form.39I.e., even when the shape of the stain appears to indicate that it came from an external source, as long as its position leaves open the possibility that it came from uterine bleeding, we rule stringently. Instead, we are stringent with regard to all blood that is found in these places, even though there is a doubt concerning it.", + "A stain that is found below the belt on a woman's garment40The Shulchan Aruch (Yoreh De'ah 190:12) rules that this law applies even when the stain is found on only the external part of her garment. renders her impure.41For the possibility exists that it came as a result of uterine bleeding. See Halachot 19-20 which explain that when there is justified reason to suspect that the stain came from an external source, she is pure, even though the stain is found on the lower portion of her garment. If it is above the belt, she is pure. If it is found on her sleeve, if it could reach her genital area,42Even when she bends (Maggid Mishneh in the name of the Rashba). she is impure. If not, she is pure.", + "If she would remove her garment and cover herself with it at night, she is impure wherever blood is found.43Because it is possible that she and the blanket both shifted position while she was sleeping. Similarly, if blood is found anywhere on her girdle, she is impure.", + "If a woman wears one tunic for three days or more during a time that is not part of her \"days of niddah\" and inspected it and discovered three stains or one stain that contains the measure of three stains,44I.e., it is three times the size of a gris. there is a doubt whether she is a [major] zavah.45She must wait seven \"spotless\" days before engaging in relations. She brings the sacrifice required of a zavah, but because of the doubt concerning her status, it is not eaten. For it is possible that each day, she stained the garment.46Three stains are sufficient to render her a major zavah. She is not, however, definitely given this status, for it is possible that the three stains came on one day.
Similarly, if she wore three garments that had been inspected47I.e., she wore the three garments at the same time, one on top of the other. for three days in her \"days of zivah\" and discovered a stain in each of them, there is a doubt whether she is a [major] zavah.48For it is possible that she experienced bleeding on three successive days. [This applies] even if the stains are one opposite the other.49And thus it is likely that the three stains came from the same bleeding. Nevertheless, since we are not certain of this, she is considered a zavah because of the doubt.", + "[The following rules apply if] she found one stain that did not contain the measure of three stains.50I.e., it is smaller than three times the size of a gris. If she inspected herself throughout bein hashamashot51Bein hashamashot refers to the time between sunset and the appearance of the stars. The intent is not that a woman should continue to inspect herself throughout this entire time. Instead, what is meant is that she should insert a small cloth into her vagina and leave it there for this entire time. of the first day and found that she was pure, but did not inspect her clothes and on the third day, discovered this stain which is not the measure of three stains, she need not worry about being a zavah.52For she will have verified that she had not experienced bleeding on the first day.
If she did not inspect herself throughout bein hashamashot, she must suspect that she is a zavah. [The rationale is that] she did not inspect her garment and continued wearing it for three days during her \"days of zivah.\"53Since she was wearing the garment for three days, the possibility exists that she experienced bleeding for three days, but all the stains were in the same place.", + "If she discovered a stain on her garment on one day and then experienced bleeding for two successive days or experienced bleeding for two [successive] days and discovered a stain on the third day, there is a doubt whether she is a [major] zavah.54Since on one of the days, she became impure because of a stain without feeling the physical sensations associated with menstruation, her impurity is not of Scriptural status. For to be considered as a zavah according to Scriptural Law, she must experience these physical sensations.", + "When a woman discovers a stain and then discovers bleeding, she associates the stain with the bleeding for a 24-hour period.55If the bleeding was discovered within 24 hours of the stain, we assume that the stain came about because of the subsequent bleeding and therefore she is governed by the same laws that would apply had she experienced only the bleeding as stated in Halachah 16. [This applies] whether she inspected herself at the time she discovered the stain and found herself to be pure or whether she did not inspect herself. If, however, she discovers one stain after another stain within 24 hours, she does not associate one stain with the other unless she carried out an inspection in the interim. If, however, she carried out an inspection and found herself to be pure between [the discovery of the first] stain and the second, they should not be associated with regard to the counting of zivut.56The Rambam's ruling is dependent on his understanding of Niddah 53b. The Ra'avad does not accept the Rambam's interpretation of this passage and harshly dismisses the Rambam's conclusions. The Maggid Mishneh both supports and explains the Rambam's position.", + "What is implied? She discovered a stain on Friday during the first hour of the day and then she discovered menstrual bleeding at any time until the first hour of the day on the Sabbath, she does not count [her impurity] from [the time she discovered] the stain. Instead, she associates the stain with the bleeding. [This applies] even if she did not inspect herself [after discovering the stain] and did not know whether she was impure or not. Thus if she discovers bleeding on Sunday and on Monday, she is a [major] zavah.57But if she does not discover blood on Monday, she is not a major zavah, i.e., we pay no attention to the stain that she discovered on Friday.
(Any time the term zavah is mentioned subsequently in this chapter, she is considered as a zavah.)

If, however, she discovered bleeding during the second hour on the Sabbath, she is considered as if she was impure for two days: Friday because of the stain she discovered and the Sabbath because of the bleeding, because there are more than 24 hours between them. Hence, if she discovers bleeding on Sunday, she must suspect that she is a zavah.58She is not definitely placed in that category, because one of the days is associated with a stain, as stated in Halachah 14.", + "[The following rules apply if] she did not experience bleeding on the Sabbath, but instead discovered a stain during the first hour on the Sabbath. If she inspected herself on Friday and discovered that she was pure, she only counts from [the time of] the later stain [that was discovered] on the Sabbath, because they both were discovered within the same 24 hour period. If she did not inspect herself and did not know whether or not she was in fact pure between the two, she begins counting from Friday. Thus if she discovers bleeding on Sunday, she must suspect that she is a zavah.59Because she experienced either a stain or bleeding on three consecutive days..", + "If she discovered the second stain during the second hour of the Sabbath day, she is considered as impure for two days, for the two are not within the same 24 hour period. [This applies] whether she inspected herself or did not inspect herself. [In such a situation,] if she discovers bleeding on Sunday after 24 hours have passed, she must suspect that she is a zavah.60Because she experienced either a stain or bleeding on three consecutive days..
[The following laws apply if] she discovered a third stain during the first hour on Sunday. If she inspected herself and discovered that she was pure, they are not considered as coming in succession61I.e., instead of being concerned that she discovered stains on three consecutive days, she associates the stain of the Sabbath and that of Sunday and counts them only as one. and she need not suspect that she is a zavah. If she does not carry out such an inspection, she must suspect that she is a zavah.62For each of the stains is considered individually.", + "[The following rules apply] whenever there is a stain that causes a woman to be considered impure and there is a factor to which she could attribute the stain, saying: \"The stain came because of this factor.\"63The principles mentioned in this halachah are illustrated in the halachot that follow. If [the stain] is found on a garment, she is pure. For our Sages did not say that one should rule stringently regarding these matters, only leniently.64Since the impurity associated with a stain is a matter of Rabbinic Law, we follow the principle: Whenever there is a doubt involved a matter of Rabbinic Law, we rule leniently [Shulchan Aruch (Yoreh De'ah 190:18)]. If the stain is found on her flesh, she is impure because of the doubt and she may not attribute the stain to the external factor.65Since the stain is found on her flesh and not on her clothes, we assume that it is more likely to come from the uterus than from an external factor. If she has a greater reason to attribute a stain on her flesh [t an outside factor] than one on her clothes,66E.g., she has a wound on her flesh. she may attribute even a stain on her flesh [to the factor] and she is pure despite the doubt.", + "What is implied? If she slaughtered an animal, a beast, or a fowl, became occupied with stains, sat next to people who were, or passed through a marketplace of butchers and blood was found on her outer garment, she is pure. She may attribute the stain to these factors for it is [likely] to have come from them.", + "[The following rules apply if] the stain was found on her flesh alone. If the stain is at her belt or lower, she is impure.67Provided the stain is found on a portion of her body from which the blood could have dripped from the uterus as stated in Halachah 8. If she turned upside down and flipped,68This phrase was not found in the texts of the Mishneh Torah possessed by the Ra'avad and the Maggid Mishneh. Therefore they raised objections to the Rambam's ruling. even [a stain] from her belt and above renders her impure.69Ordinarily, however, such a stain does not alter her status even though it is found on her flesh alone. For if the blood had come from slaughtering or from the market, it would also have been found on her garments. Since it was found on her flesh and not on her garments, she is impure.", + "If she has a wound, even if it is covered by a scab, if it could be opened and discharge blood70E.g., if it was scratched [Shulchan Aruch (Yoreh De'ah 190:18)]. and blood was found on her flesh, she may attribute the stain to her wound.71And thus her status does not change. Note, however, Halachah 25. Similar laws apply in all analogous situations.", + "When a stain is found on both her garments and her flesh, she may attribute it with all [the external factors] possible.72For we can assume that it came from the outside first to her garments and then to her flesh. Hence she may attribute the blood to any of the factors mentioned in Halachah 20, as if the blood was found on her garments alone. And she may explain that [the stain was caused by] a louse, for perhaps when she sat down, a louse was killed and this blood came from the louse.73This applies even if she did not see that she killed a louse. If she knows that she killed an insect and it is possible that it produced a stain larger than a gris, she may attribute the stain to that [the Rambam's Commentary to the Mishnah (Niddah 8:2)].
Until when [does the above apply]? [When the stain is no larger than] a gris. If, however, the stain is larger than a gris, she may not attribute it to a louse. [This applies] even if there is a crushed louse on the stain. Since the stain is larger than a gris, she may not attribute it to a louse.74For it is an accepted principle that a louse contains no more than a gris of blood. Hence if the stain is larger, that is an indication that the blood came from another source. Note Shulchan Aruch (Yoreh De'ah 190:28) which rules leniently and explains that it is possible that there were two lice here, one which she killed previously and the one which is found crushed on her garment.", + "Similarly, she may attribute the stain to her son or her husband.75As indicated by the Rambam's explanation, even if she did not know that they touched her with soiled hands, if their hands were soiled, she may assume that this is the fact. For it is likely for a husband to touch his wife and a child to touch his mother.If they were occupied with blood, their hands were soiled, or they had a wound, she may attribute the stain to them saying that they touched her without her knowing it and the blood came from them.76If, however, their hands are not soiled, we do not attribute a stain to them unless the blood could have spattered upon her [Maggid Mishneh; Shulchan Aruch (Yoreh De'ah 190:19)].", + "We do not consider the possibility that blood was [transferred] from one place to another to attribute a stain to it. What is implied? If a woman had a wound on her shoulder and a stain was discovered on her calf,77It is highly improbable that blood dripped from her shoulder to her calf. we do not say: Maybe she touched the wound with her hand and then touched this other portion of her body.78There are instances where we postulate that a person's hands are active and the possibility exists that one transferred impurity from one place to another. Nevertheless, this concept is used only to lead to a stringency, not as a source for leniency. Similar laws apply in all analogous situations. We attribute neither stains on her body, nor those on her garment [to such wounds].79The Maggid Mishneh states that if it is possible that the garment passed over the wound when it was removed, we can attribute a stain on a garment to such a wound. The Shulchan Aruch (Yoreh De'ah 190:16) quotes this conclusion.", + "[The following laws apply when] two women were occupied with [slaughtering] one fowl and it contained only an amount of blood equal in size to a sela. If a stain the size of a sela is found on both of them, they are both impure.80Since the fowl did not contain enough blood to produce two stains of this size, we assume that one came from another source and attribute it to menstrual bleeding. Since we don't know which of the women was soiled by the fowl and which was not, we rule that they are both impure.
The Bayit Chadash (Yoreh De'ah 190) rules that this law applies only when the two women come to inquire about their status together. If they come one after the other, he rules that they are both considered pure. The Turei Zahav 190:17 differs, maintaining that although the ruling of the Bayit Chadash has parallels in other contexts, the logic should not be applied in this instance. The Nekudot HaKessef, however, accepts the ruling of the Bayit Chadash.

If a woman was occupied with blood that could produce a stain no larger than a gris and a stain the size of two grisim was found on her, she may attribute a gris to the blood with which she was occupied with and a gris to a louse.81As stated in Halachah 23. The Rama (Yoreh De'ah 190:26) states that although there are opinions which rule that a woman is impure in such an instance, we follow the more lenient view, for the entire issue is one of Rabbinic Law. If, however, the stain was larger than two grisim, she is impure.", + "If she was occupied with red [blood], she may not attribute a black [stain] to it. If she was occupied with a fowl that had many different colors of blood and one of them was found on her, she may attribute [the stain] to [the fowl].
If she was wearing three outer garments, if there is an external factor to which she could attribute [a stain], she may attribute even [a stain] on the bottom garment to it.82Although there is reason to say that if the stain came from the outside, it would certainly be found on the outer garment as well, we still rule leniently, because there is the possibility that the outer garment was raised up at the time the blood was spattered. If she [knows of] no external factor to attribute it to, she may not attribute it to any factor, even if it is found only on the upper one.83Thus had the stain come from the woman's body, it would be far more likely to be found on the lower garment.
What is implied? If she passed through a butcher's market place, even if the stain is found only on the bottom garment, she may attribute it to the blood of the butcher's. If she did not pass through a butcher's market or the like, even if the stain is only on the upper garment, she is impure. If she is in doubt whether or not she passed through [such a place] or whether or not she was occupied [with an object that could produce a stain], she may not attribute it [to an external factor].84Although we rule leniently in questions involving stains, that is when we know that there is definitely a factor that could cause a stain involved. In this instance, we are not certain that there is indeed such a factor involved.
When quoting this law, the Shulchan Aruch (Yoreh De'ah 190:22) adds that this ruling applies only in a city where there is a set place for butchering and the like. In places where these activities are carried out in many different places, a woman can attribute a stain to such a factor even if she is not certain that she passed such a place.
", + "When a city has pigs [that roam freely] or [such animals] enter it at all times, [a woman] need not be concerned with stains that are found on her outer garment.85For the pigs eat small crawling animals and spatter their blood on passersby. Needless to say in most modern cities, this law does not apply.", + "When a woman lent her garment to a niddah, whether a Jewess or a gentile woman,86According to Scriptural Law, the laws of niddah do not apply to gentile woman, but according to Rabbinic Law, every gentile women is considered as if she is a niddah. The Maggid Mishneh quotes opinions which maintain that even if the gentile woman is not known to be a niddah, the stain can still be attributed to her, because her halachic status is that of a niddah. This opinion is also reflected in the ruling of the Shulchan Aruch (Yoreh De'ah 190:41). Even according to this conception, the gentile woman must be of the age that it is possible that she will experience menstrual bleeding. See Halachah 33 for further clarification regarding the fundamental principle on which this halachah is based. and then put it on before checking it,87The Rambam's wording teaches us another concept: We are not concerned about stains on clothing unless the clothes were checked first (Maggid Mishne). she can attribute a stain she finds upon it to the niddah who wore it.88Since the niddah and the gentile woman are already impure and will not suffer any difficulty if the stain is attributed to them, we indeed consider them as the source of the bleeding.
[Similarly,] if she lent [a garment] to a minor zavah on a day that she is impure,89The day on which she experienced uterine bleeding. one who is experiencing [the post-birth] blood of purity,90This was the law in the era of the Talmud when the laws of \"the blood of purity\" were observed after childbirth. As will be explained in Chapter 11 and notes, at present, this leniency is no longer observed. or to [a woman who was] a virgin and is experiencing [hymeneal] bleeding [which is] pure, she may attribute the stain to them.91In all these instances, attributing the stain to the borrower does not change her halachic status. The minor zavah is impure and the woman after childbirth and the virgin are pure regardless of the stain.
As stated in Chapter 11, the concept of a minor zavah does not apply in the present age and instead, she is considered as equivalent to a major zavah. Hence a stain can certainly be attributed to her. The laws concerning a woman with hymeneal bleeding or a woman after childbirth are different, for in the present age, we do not consider such woman as ritually pure. Instead, uterine bleeding - and even a stain - renders them ritually impure. Accordingly, since the status of these woman will be impaired because of the discovery of the stain, there is reason to assume that it should not be attributed to them alone, but instead, both the borrower and the lender should be considered impure as in the following clause. {See the Tur (Yoreh De'ah 190) which cites such views.} The commentaries explain, however, that according to the Rambam, this law applies even in the present era. Indeed, it is quoted by the Shulchan Aruch (Yoreh De'ah 190:42) and the Shulchan Aruch only quotes laws that apply in the present era.
The Siftei Cohen 190:54 explains that even though the halachic status of these women changed in the present era, their physical tendency did not change. They frequently experience uterine bleeding and hence, we attribute the stain to them.

[A different ruling applies,] however, if she lent [a garment] to a minor zavah on the day she is watching or a major zavah during her seven \"spotless\" days, put it on before checking it and then discovered a stain. [In such an instance,] the halachic status of both is impaired., the lender and the borrower. For perhaps this one caused the stain or perhaps the other did.92Both the lender and the borrower are not likely to experience uterine bleeding and for both, it will impair their halachic status. Since we do not know which one is responsible for the stain, both share the resulting halachic liability.
The Tur and the Shulchan Aruch (Yoreh De'ah, loc. cit.) differ with the Rambam's ruling and maintain that the owner of the garment is pure. Since the status of the woman who is seeking to attain ritual purity is already impaired when compared to that of the owner, the stain is attributed to her alone despite the fact that her status will become further impaired by this ruling.

If she lent [the garment] to a woman who is watching herself because of the discovery of a stain, she may not attribute the stain to her. [The rationale is that] we do not attribute one stain to another.93Although a woman is considered impure because of a stain, we do not consider it a certain enough sign of uterine bleeding to attribute another stain to it.", + "[The following law applies when a woman] inspected her outer garment and then inspected herself94When quoting this law, the Shulchan Aruch (Yoreh De'ah 190:40) omits mention of the fact that the woman inspected herself as well as her garment. and discovered that she was pure and afterwards, lent that garment to a colleague. If the borrower wore the garment and then a stain was discovered upon it when she returned it, the borrower is impure. She cannot attribute the stain to the owner, because the owner inspected it before she lent it to her.", + "[The following laws apply when] a tall woman wears an outer garment belonging to a short woman and a stain is discovered upon it. If [the place where the stain is located] reaches her genital area, she is impure.95I.e., the owner is definitely impure; in this instance, the borrower is also impure, because it is possible that the stain comes from her. If it does not, she is pure, because [it is probable] that the stain came from the short woman.", + "When three woman wore one garment in succession and afterwards, a stain was found upon it, [they are all impure].96Since there is no reason to attribute the stain to one more than the other and they all share the same halachic status, they are all considered as impure. Similarly, if they slept in one bed together97With their bodies intertwined [see Maggid Mishneh; Shulchan Aruch (Yoreh De'ah 190:50) based on Niddah 61a]. and a blood [stain] was found under one, they are all impure.98Based on Niddah, loc. cit., the Maggid Mishneh and the Shulchan Aruch (loc. cit.) interpret this as referring to an instance when the woman all climbed into the bed from the same side. See Halachah 34.
If one of them inspected herself immediately99The Maggid Mishneh and the Kessef Mishneh interpret this as meaning that she inspected herself within the same day or night as the stain was discovered. The Shulchan Aruch (Yoreh De'ah 190:51) states that the inspection must be made immediately thereafter. and found herself impure, the [other] two are pure.100For we assume that the woman who found herself impure is the source of the stain.
The commentaries question if this clause applies only with regard to the bed or also with regard to the garment. The Maggid Mishneh asserts that it applies to the garment as well. The Kessef Mishneh, however, argues against his position.
", + "[The following principle applies when, in the above situation, the women] all inspected themselves and discovered that they were pure. A woman who is not likely to discover bleeding may attribute the stain to one who is likely to discover bleeding. Thus the one who is unlikely [to discover bleeding] will be pure and the one who is likely will be impure.
What is implied? If one of the woman is pregnant and another is not pregnant, the pregnant101See Halachah 4 for the definition of this term in the present context. woman is pure102For she is unlikely to experience uterine bleeding. and the one who is not pregnant is impure. If one was nursing103For we assume that the woman who found herself impure is the source of the stain.
The commentaries question if this clause applies only with regard to the bed or also with regard to the garment. The Maggid Mishneh asserts that it applies to the garment as well. The Kessef Mishneh, however, argues against his position.
and one was not nursing, the one who is nursing is pure.104See Halachah 4 for the definition of this term in the present context. If one is an elderly woman,105See Halachah 5 for the definition of this term in the present context. and one is not elderly, the elder woman is pure.106See Halachah 4 for the definition of this term in the present context. If one has not experienced menstrual bleeding107This is the meaning of the term betulah in this context. See Halachah 5. and one has, the one who has no experience is pure.108See Halachah 4 for the definition of this term in the present context. If they are all pregnant, all elderly, all nursing, or all have not experienced menstrual bleeding, they are all impure.109Since there is no reason to favor one over the other, we rule stringently with regard to all of them.", + "[The following laws apply when] three women ascended from the foot of a bed,110And thus each one did not pass over the place where the other slept. See the notes to Halachah 32. and went to sleep. If a blood[stain] was discovered under the middle one, all three are impure.111Because either of the woman on the sides could have shifted position slightly and the blood have come from her. If [a stain] was discovered under112If, however, the stain was discovered on the top sheet, they are all impure, because the top sheet is likely to shift position during their sleep. the innermost one, she and the woman to her side are impure and the outermost one is pure.113For it is unlikely that one twisted and turned to that degree. If [the stain] was under the outermost, she and the woman to her side are impure and the innermost is pure. If, however, they did not ascend from the foot of the bed, and thus they have no order, if a blood[stain] is discovered under any one of them, they are all impure.", + "When does the above apply? When the woman all inspected themselves and found themselves to be pure. Thus none of them could attribute [the stain] to the other as we explained. If, however, one of them inspected herself and discovered that she was pure, the woman who is pure can attribute the stain to the one who did not check, and that woman is impure.", + "Whenever a stain is found on a garment and there is no external source to attribute it to, it, [nevertheless,] does not cause a woman to be considered impure until it is proven to be blood.114The Maggid Mishneh interprets the Rambam's words as follows: If a stain that appears to be blood is discovered, a woman must consider herself impure. If, however, there is a question in the minds of the experts whether or not she is truly impure, they could verify the woman's status through the test the Rambam mentions. It is not, as the Ra'avad appeared to understand that the Rambam maintained, that a woman should not consider herself impure unless she verified that the stain was blood through the process described. This interpretation is quoted by Shulchan Aruch (Yoreh De'ah 190:31). See also Hilchot Mitamei Mishkav UMoshav, ch. 4. If a doubt arises for [the experts]115I.e., the sages to whom women would turn to determine whether a stain was blood or not. whether [a stain] was blood or [simply] red dye, they [wash the stain] with [the following] seven cleaning agents in order. If it is washed away or its color becomes weaker,116See the Rambam's Commentary to the Mishnah (Niddah 9:6). it is a bloodstain and [the woman] is considered impure. If the stain remains the same color, it is a dye and [she] is pure.117The Ra'avad also differs with the Rambam concerning this point, maintaining that the seven cleansing agents are used to help purify a garment, not to determine whether a woman is pure. As explained in Hilchot Mitamei Mishkav UMoshav, loc. cit., the Rambam also appreciates the role of these cleansing agents in restoring the ritual impurity of a garment. If, however, the cleansing agents are not effective, it becomes obvious that the stain is not blood. Hence, not only the garment, but also the woman is considered as pure.", + "These are the seven cleaning agents in the order [in which they should be used]: the saliva of a person who has not eaten, beans that have been chewed, urine that has become sour, lye,118We have given the popular translation. In his edition of the Rambam's Commentary to the Mishnah (Niddah 9:6), Rav Kappach identifies the Arabic term used by the Rambam as a cleaning agent made from the plant \"althaea officinalis.\" natron,119Again, we have used the common translation. In his Commentary to the Mishnah (Keilim 2:1), the Rambam defines the term is referring to a blue stone that becomes dissolved in water easily and which is used to clean hair and garments. cumin powder,120Again, we have used the common term. Rav Kappach (loc. cit.) defines the Arabic term used by the Rambam as referring to a plant known as anabis setifera. and bleach.121Rav Kappach (loc. cit.) defines the Arabic term used by the Rambam as referring to a plant known as saponaria officinalis. [The garment] must be rubbed three times with each cleansing agent and it must be passed back and forth while being rubbed.
If a person did not use these cleansing agents in the above order or used them all at once, his deeds are of no consequence.122I.e., the fact that the stain remains is not considered evidence that it is not blood.
Note Shulchan Aruch (Yoreh De'ah 190:31) which states that because we are unsure of the identity of some of these seven cleansing agents, we do not employ this examination process in the present age.
If he used the last substances before the first ones, the fact that he used the last ones - i.e., the first ones in the proper order - is significant. He may then use [merely] the last ones - which he used first - so that he will have used all seven in order.", + "What is meant by \"the saliva of a person who has not eaten\"? [Saliva taken from a person who did not eat from the beginning of the night and slept the second half of the night and gave this saliva before he ate the next morning. [Moreover,] he must not have spoken excessively for the first three hours of the day. If, however, a person arose and repeated his studies before three hours of the day passed, his saliva is not placed in this category. For speaking nullifies the power of the saliva and causes it to be like water.
What is meant by beans that have been chewed? Beans that have been chewed thoroughly until a large quantity of saliva has been mixed with them. What is meant by urine that has soured? Urine that is three days old or more.", + "[The following laws apply to] any woman who becomes impure because of a stain. If she discovers the stain during her \"days of niddah,\" she must consider herself a niddah because of the doubt. She must remain [impure] for seven days and immerses herself on the eighth night. Afterwards, she is permitted to her husband.
If she discovered [the stain] during her \"days of zivah,\" because of the doubt, she must consider herself as a minor zavah or a major zavah as clarified in this chapter.123Halachot 12-18. She must remain [impure] for one day if she is a minor zavah or count seven \"spotless\" days if there is a doubt whether she is a major zavah.
All this stems from Rabbinic decree as we explained.124Halachah 2. Therefore if a man engages in relations with such a woman in conscious violation, he is given stripes for rebellious conduct125The punishment given for violating a Rabbinic commandment. and he is not obligated to bring a sacrifice.126If he engaged in relations with her inadvertantly." + ], + [ + "Every woman who gives birth is impure like a niddah, even if she did not suffer uterine bleeding.1The Kessef Mishneh notes that in Chapter 5, Halachah 13, the Rambam rules that when a woman discharges a piece of flesh from the vagina, it must be accompanied by bleeding. For discharging that piece of flesh is not considered as giving birth. With regard to giving birth (or miscarrying), however, the Torah deems a woman is impure, whether or not the birth is accompanied by bleeding. [This applies whether] a woman gives birth to a living child or one which is still born, and even is she miscarries [and discharges a fetus]. If [the fetus is] male, she remains impure [for seven days as is required after giving birth to] a male.2See Chapter 4, Halachah 2. If it is female, she remains impure [for fourteen days as is required after giving birth to] a female.
[The above applies,] provided the form [of the fetus] is complete. And the form of a fetus will never become complete in less than forty days. [This applies] to both a male and a female.", + "If a woman miscarries within forty days, she is not impure because of birth.3A miscarriage is usually accompanied by uterine bleeding. Thus the woman will become impure (as a niddah or as a zavah). However, the unique laws that apply to childbirth do not apply to her.
Even if she had conceived previously, until she reaches the fortieth day, the embryo is not given the halachic status of a fetus and none of the laws applying to childbirth apply.
[This applies] even on the fortieth day.
If a woman miscarried on the forty-first day after relations,4I.e., the forty-first day after she immersed herself in the mikveh and engaged in relations that night. there is a doubt whether she is considered as having miscarried.5I.e., it is possible that she conceived after engaging in relations that night, but we are not certain. Hence, her status is doubtful. [Hence,] she is governed by the laws that apply to the birth of a male and a female and those applying to a niddah.6Since it is possible that the fetus was male, it is possible that it was female, and it is possible that it was not considered a fetus in the halachic sense at all, the woman must take all these possibilities into consideration. See Halachah 21 which defines the laws incumbent on a woman in this situation. If the human form could be barely detected in the fetus without it being clear and obvious, she is governed by the laws that apply to the birth of a male and a female.7In this instance, it is clear that the embryo had developed into a fetus. Hence the laws that apply to ordinary uterine bleeding need not be considered. Nevertheless, since we are uncertain whether the fetus is male or female, the woman must take both of these factors into consideration. See Halachah 20 which describes the laws that a woman must follow in such a situation. This is called a developed8Rekem, the root of the term merukam, means \"embroidered.\" Implied is that the form of the embryo is beginning to take shape. embryo.", + "What is meant by a developed embryo? At the beginning of the formation of the human body, it is the size of a lentil. His two eyes are like the two eyes9Alternatively, as two drops of a fly's discharge. of a fly, [slightly] separate from each other. His two nostrils are like two eyes of a fly that are close to each other. Its mouth is a hairsbreadth open and its hands and feet are not distinct.
If its form becomes more defined than this, but it still cannot be distinguished as either male or female, we do not check it in water, but in oil. For the oil will burnish it. One should bring a wood chip with a smooth edge and use it to probe the genital area [of the fetus] from above downward. If there is an obstruction, it can be determined as male.10For ultimately, the male organ will grow there. If the genital area appears like a split barley corn, it is a female and need not be checked. A woman is not granted the leniency of \"the blood of purity\" for such underdeveloped embryos; the fetus must have hair on its head.", + "When a woman discharges a white mass and when cut open a bone is found within, she is impure, because of birth.11For we assume that the mass was a dead fetus. The fact that it contains a bone indicates that it had developed sufficiently to acquire the features mentioned in the previous halachah. Obviously, certain factors had caused the fetus to be crushed and the features obliterated. If she discharges an embryo filled with water, blood, worms,12Our translation is based on the Rambam's Commentary to the Mishnah (Niddah 3:3) which interprets the Hebrew as referring to \"flesh that appears to be cut in the form of worms.\" or flesh, since it is not developed,13I.e., developed to the point it possesses the features mentioned in the previous halachah. the woman need not suspect [that she is impure] because of birth.14Moreover, if there is no apparent blood on the discharge, she is not impure as a niddah (the Rambam's Commentary to the Mishnah, loc. cit.; see also Chapter 5, Halachah 13).
The Shulchan Aruch (Yoreh De'ah 194:3) states that in the present age, we follow the approach of the Rashba who rules that we are not knowledgeable enough to make the fine distinctions necessary to define when an embryo is developed or not. Hence, a woman should always consider herself impure because of birth.
", + "When a child is born through Cesarean section, the mother is not impure because of birth. She [need] not [observe] the days of impurity, [nor is she granted] days of purity. [This is derived from Leviticus 12:2]: \"When a woman will conceive and give birth to a male....\" [The laws of that passage apply] only when she gives birth from the place she conceives.
When a woman has difficulties in giving birth and [ultimately,] gives birth through Cesarean section, the blood from the birth throes which emerges from the womb is considered as the blood of zivah or the blood of niddah.15Depending on the day of her cycle on which the blood emerged.
Although the Torah considered the blood that emerges during birth pure (Chapter 6, Halachah 1), that apples when the woman gives birth in an ordinary manner, and not when she gives birth by Cesarean section (Rashi, Niddah 41a).
The blood that emerges from the operation is itself impure.16The blood itself is impure, because the uterus itself is impure and it conveys impurity on the blood. Therefore anyone who touches the blood is impure until the evening. The blood does not, however, convey impurity on the woman unless it comes into contact with her after it emerges from her body. If no blood emerged from the womb, the woman is pure. Although the blood that emerges from the operation is impure, the woman does not become impure unless she suffers bleeding from her vagina.17Niddah, loc. cit., derives this concept from the exegesis of Leviticus 20:18.", + "When a fetus is cut up inside a woman's womb,18I.e., the woman was unable to birth the baby and the doctors saw that to save the woman's life, the fetus would have to be killed and taken out limb by limb. whether it emerged according to the order of the limbs, e.g., first a foot emerged, then a calf, and then a thigh, or it emerged in an abnormal order, the woman is not considered impure until the majority of the body emerges.19I.e., the point brought out by this halachah is not whether the woman becomes impure, but when the impurity takes effect. The Siftei Cohen 194:9 states that the law stated by the Rambam applies according to Scriptural Law. According to Rabbinic decree, she is impure as soon as one limb emerges. If its entire head comes out intact, it is as if the majority [of the body] emerged.20Although the Mishnah (Niddah 3:5) uses the phrase \"the majority of the head,\" the Rambam maintains that the entire head must emerge for this law to apply. See the Maggid Mishneh and Kessef Mishneh. If it was not cut up and it emerged in the ordinary manner, it is considered as having been born when its forehead emerges, even though it was cut up afterwards.21I.e., complications arose and it was necessary to cut up the fetus to remove it from the womb entirely.", + "If a fetus sticks out its hand22The Maggid Mishneh questions whether the same laws apply with regard to a foot. The Tur states that they do, while the Shulchan Aruch (Yoreh De'ah 194:11) quotes the Rambam's ruling verbatim. [from the womb] and then returns it, its mother is impure due to birth as a result of Rabbinic decree.23Although Genesis 38:28 states: \"And when she was giving birth, he stuck out a hand,\" Niddah 28a rules that this should not be interpreted as an implication that sticking out a hand is considered as giving birth. Instead, according to Scriptural Law, the woman does not become impure until the majority of the body of the fetus emerges. The woman does not receive \"days of purity\" until the entire fetus - or [at least] the majority - emerges as we stated.24I.e., as implied by the previous halachah.", + "[The following laws apply when] a woman miscarries and discharges something resembling an animal, beast, or fowl.25In his Commentary to the Mishnah (Niddah 3:2), the Rambam explains that although it is abnormal for a woman to discharge a fetus with such an appearance, there are exceptional situations from time to time. These and the forms mentioned in the following halachot are definite possibilities. If its face resembles that of a human,26As defined in the following halachah. it is considered as a birth even though the remainder of the body resembles an animal, beast, or fowl. If it is male, she is governed by the laws that apply to the birth of a male. If it is female, she is governed by the laws that apply to the birth of a female. If it cannot be determined whether it is male or female, she is governed by the laws that apply to the birth of a male and a female.
If its face does not resemble that of a human, it is not considered as a fetus and its mother is not impure due to birth.27The Maggid Mishneh states that this law also applies in the present era, as indicated by Chapter 11, Halachah 12. In his Kessef Mishneh, Rav Yosef Caro differs, citing the Ra'avad and the Ramban and explaining that the Rabbis of the present era did not feel that they were expert enough to determine if the face of a fetus resembled that of a man or not. Hence they ruled that woman is impure. In his Shulchan Aruch (Yoreh De'ah 194:3), he follows this approach.
Note also Halachah 17 which states that if the discharge of such a fetus is accompanied by bleeding, the woman is impure even if the fetus does not resemble a human.
[This applies] even though the remainder of the body resembles that of a human, its hands and feet resemble those of a human, and it is male or female.", + "What is meant by the human form of a face? That the forehead, eyebrows, eyes, cheeks, and the contour of the jaw share the human form. Even if the mouth, the ears, and the nose resemble that of an animal or a beast, [the fetus] is considered as a birth.", + "When a woman miscarries and discharges something resembling a snake, the mother is impure due to birth.28The Ra'avad questions the Rambam's ruling, noting that in the previous two halachot, he stated that for a fetus to be considered as having a human form, it must have the majority of a human facial form intact, not merely the eyes. The Kessef Mishneh supports the Rambam's ruling, explaining that the eye of a snake resembles that of a human much more closely than that of other animals. Hence, there is room for the Rambam's ruling. [The rationale is that] the form of its eye is round like that of a human. When a woman miscarries and discharges a human form that has wings of flesh, the mother is impure due to birth.
[The following rules apply when a fetus] is created with one eye and one thigh. If they are on the side, it is considered as half a human and the mother is impure due to birth. If they are in the center, the mother is pure, because this is another creature.", + "[The following laws apply when a fetus] is created with its windpipe closed, its body lacking [form] from the navel downward, but instead is a mass of flesh, its skull being merely a mass of flesh, its face was amorphous and its features could not be distinguished, it has two backs and two backbones, the contours of the head of the fetus she discharged could not be distinguished, or the contours of its hand could not be distinguished, the mother is not impure due to birth.29This ruling is based on Niddah 23b which states that any fetus that is created in a manner that is not fit for its soul to be created (i.e., it is not viable) does not cause the mother to be impure due to birth. Since a fetus with these defects would not live, the mother is not impure. See the Kessef Mishneh which questions the details of certain of the examples cited by the Rambam.
If, however, she miscarried and discharged a hand or a foot that was cut off, we operate under the assumption that it came from a complete fetus and it is included in the sum of the majority of its limbs.30As stated in Halachah 6, when the majority of the limbs of a fetus emerge, the mother is considered as impure due to birth. The present halachah is stating that if previously many of the limbs of a fetus emerged and then the mother discharged this cut off hand or foot, it is not considered as part of a separate fetus, but instead, part of the fetus that already emerged. Hence, if together with the limbs that previously emerged, it equals the majority of the fetus, the woman is impure (Maggid Mishneh).
From Rabbi Akiva Eiger's interpretation of Niddah 28a, the source for this halachah, the following explanation can be given. When a woman discharges a cut off hand or foot, even if we have not seen the remainder of the fetus, we assume that she discharged them already. Hence, she is considered impure. We do not suspect that maybe the fetus she discharged was not viable.
", + "There are times when from the remainder of the blood from which a fetus is formed will coagulate and form a mass that resembles the tongue of an ox. It is wound around a portion of the fetus and is called a sandal. A sandal will never be formed without a fetus. If a similar mass is formed without a fetus, it is not called a sandal. Most fetuses will not have a sandal with them.
There are times when a pregnant woman will receive a blow on her stomach and the fetus will be damaged and will become like this sandal. There are time when the [resulting sandal] will retain its facial features and there are times when the fetus will dry up and change its appearance and blood from elsewhere will coagulate upon it to the extent that its facial features cannot be recognized.
Accordingly, when a woman miscarries and discharges a male fetus together with a sandal, she is governed by the laws that apply to the birth of a male and a female. For perhaps this sandal was a female fetus. [The Sages] ruled stringency and considered her impure due to a [female] fetus even though it did not possess any facial features. [The rationale is that] she is impure due to birth regardless because of the fetus [discharged] with it.", + "The thick membrane that is like a goatskin in which the fetus is formed and which surrounds the fetus and the sandal - if there is a sandal with it - is called the placenta. When the time comes for the fetus to emerge, it tears it and emerges. At the beginning of its creation, it resembles a thread of the woof that is hollow like a trumpet and thick like the craw of a chicken. A placenta must be at least a handbreadth in size.31Implied is a leniency. If a woman discharges something resembling a placenta, but which is smaller than a handbreadth, she is not impure due to birth. The Maggid Mishneh quotes Ramban and Rashba who rule that in the present age, we are stringent and rule her impure even if it is smaller than a handbreadth lest an error be made.", + "When [a woman] miscarries and discharges a placenta, she is governed by the laws that apply to the birth of a male and a female. [The intent is] not that a placenta is a fetus, but there will not be a placenta without a fetus.
If she discharged a fetus and then discharged a placenta, we show concern about the placenta and it is considered as a fetus. We do not say: \"This is the placenta of the fetus that miscarried.\" For we associate the discharge of the placenta only with a viable birth.
Accordingly, if the woman gave birth to a viable child and then discharged a placenta - even after 23 days32Based on Niddah 27a, it appears that this is the maximum number of days granted between a birth and the emergence of the placenta.
In his Kessef Mishneh, Rav Yosef Caro notes that there are authorities who maintain that the 23 days include the day of the birth, while the Rambam maintains that the day of the birth is not included. In his Shulchan Aruch (Yoreh De'ah 194:3), he quotes the Rambam's ruling.
- we assume that [the placenta] came as a result of the child. We do not suspect that there was a second fetus. [Instead, we assume] that the child tore through the placenta and emerged.", + "[When a woman] discharges a placenta and afterwards bears a viable child, we suspect that the placenta came as the result of another fetus.33I.e., the woman had been carrying two fetuses. The emergence of the fetus indicates that she had miscarried and discharged one previously. We do not associate it with the child that was born afterwards, for it is not usual for the placenta to emerge before the fetus.34Since the fetus is carried within the placenta, in a viable birth, the placenta will never emerge before the fetus carried within it.
If a portion of the placenta emerges on Sunday and a portion emerges on Monday, we count [her days of impurity] from the first day and we count her days of purity only from the second day as a stringency.35I.e., as soon as the first portion of the placenta emerges, the woman becomes impure. Nevertheless, her days of purity do not begin until the appropriate time (7 or 14 days) passes after the second day. And they end after 40 or 80 days from the first day, not from the second day.", + "If [a woman] miscarries and discharges something resembling an animal, beast, or fowl and a placenta is connected to it, we do not suspect that there is [another] fetus.36As stated in Halachah 8, the discharge of these type of creatures does not render the woman impure. When she discharges a placenta that is connected to them, we assume that they were carried within the placenta. Hence, just as they do not render the woman impure, the placenta also does not.
Although the Shulchan Aruch (Yoreh De'ah 194:7) cites this law without qualification, the Siftei Cohen 194:7 states that just as we are stringent in the present era with regard to the law stated in Halachah 8, we are stringent with regard to this law and rule that the woman is impure.
If they are not connected to [the placenta], we treat it with severity as if there were two fetuses. For we say that maybe the fetus that was carried in this placenta became effaced, and maybe the placenta of this fetus that appears like an animal or beast became effaced.37I.e., we are concerned with the possibility that the woman was carrying two fetuses. Although only one fetus - the animal-formed one - and one placenta emerged, we suppose that originally there was another fetus and another placenta and they were effaced. We assume that the fetus that was effaced was ordinary and hence, the woman is considered as impure.", + "In all instances when we are concerned that [the emergence of] a placenta [indicates that a fetus emerged previously], a woman is not given days of purity.38I.e., the forty or eighty day period when uterine bleeding does not render a woman impure is not granted in this situation, for we suspect that perhaps the woman never in fact gave birth.
[The following laws apply to] every [woman] who miscarries and discharges something that does not resemble a human fetus39As mentioned in Halachah 8. or a fetus that is within 40 days of conception whose form has thus not been completed.40As mentioned in Halachah 2. If [the emergence of] the fetus was accompanied by bleeding, the woman is either a niddah or a zavah.41The ruling depends on the day of her personal cycle on which the woman miscarries: Is it one of the days of niddah or one of the days of zivah? If it emerged dry, without any bleeding, she is pure.42This ruling depends on our Sages' statement (Niddah 21a) that it is possible for the uterus to open without the woman experiencing any bleeding.
This statement is the subject of a difference of opinion in the Talmud and there are some Rishonim who follow the other position and therefore rule that the woman is impure. The Shulchan Aruch (Yoreh De'ah 194:2) follows this view and rules that even if the woman does not notice any bleeding, she must assume that bleeding did in fact take place.
", + "When a woman gives birth to twins - a boy and a girl - she is governed by the laws that apply to the birth of a female.43I.e., she must observe 14 days of impurity and then is given 66 days of purity. We do not restrict her to 26 days because of the birth of the boy. If she gives birth to a tumtum44A person whose genital area is covered by a mass of flesh and thus it is impossible to determine his or her gender. or an androgynus,45A person who has both male and female sexual organs. There is an unresolved halachic question with regard to the classification of such a person's gender. she is governed by the laws that apply to the birth of a male and a female.46Since there is a doubt concerning the issue, the woman must observe the stringencies resulting from either option. If she gives birth to twins, one that is male and one that is a tumtum or an androgynus, she is governed by the laws that apply to the birth of a male and a female.47Since it is possible that the tumtum or the androgynus is - or is considered as - a female, the woman must also take the laws governing the birth of a female into consideration. If one [of the twins] is female and one is a tumtum or an androgynus, she is governed by the laws that apply to the birth of a female.48For even if the tumtum or androgynus was considered as a male, there would be no need for any further severity as stated at the beginning of the halachah. For the gender of a tumtum and an androgynus is a matter of doubt: Maybe they are male or maybe female.49In particular, there is a difference between the two. With regard to a tumtum, the child has a specific gender, we simply are not able to identify it. With regard to an androgynus, by contrast, the doubt involves the child's halachic status.", + "When a woman is known to be pregnant miscarries and it is not known what she miscarried, e.g., she passed a river and miscarried there, miscarried into a pit, or miscarried and a beast dragged away the fetus, we assume that she discharged a human fetus.50And not one of the forms mentioned in Halachah 8. Hence, she is governed by the laws that apply to the birth of a male and a female.51Because we do not know the gender of the fetus, she must take both possibilities into consideration. If, however, she was not known to be pregnant, miscarried, and did not know what she miscarried, she is governed by the laws that apply to the birth of a male and a female and those applying to a niddah.52For it is possible that she was less than 40 days pregnant, in which instance the fetus is not considered as being born, and she is governed by the laws applying to a niddah, as stated in Halachah 2.", + "What are the laws that apply wherever we said: \"She is governed by the laws that apply to the birth of a male and a female\"? She is forbidden to her husband for fourteen days like a woman who gives birth to a female. The status of the first seven is definite;53For even if the fetus was male, she would be impure for this time. that of the latter seven is doubtful.54For we do not know that the fetus was female.
We do not grant her any \"days of purity\" beyond the fortieth day [from the birth] as is the law with regard to one who gives birth to a male.55In his Commentary to the Mishnah (Niddah 3:3), the Rambam explains the rationale for this ruling. There is a question of Scriptural Law involved. Whenever doubt arises in such a situation, we follow the more stringent approach. If she discovers menstrual bleeding between the fortieth and eightieth days from birth, it is not \"pure blood.\"56As would be the ruling was she to have given birth to a female. As explained in Chapter 11, Halachah 6, today Instead, because of the doubt, we consider it as niddah bleeding, or zivah bleeding if it comes in the \"days of zivah,\" as we explained.57In Chapter 7, Halachah 12, the Rambam writes that \"that any bleeding that a woman discovers after the completion of the days associated with childbirth marks the beginning of her days of niddah.\" Accordingly, the first time a woman in such a situation discovers uterine bleeding between the fortieth and eightieth day after birth, there is a doubt whether she is a niddah. If she discovers bleeding a second time, the question of whether the doubt involves the niddah or zivah state depends on the day when the bleeding is discovered.
Similarly, if she discovers [uterine bleeding] on the eighty-first day alone, she is considered as a niddah because of the doubt.58I.e., she is not merely a minor zavah.
Apparently, the Rambam's intent is speaking about a woman who discovered uterine bleeding between the fortieth and eightieth day after birth and then a second time on the eighty-first day and according to the niddah-zivah cycle, the eighty-first day is a day of zivah. (For example, she discovered uterine bleeding previously on the seventieth day.). In that instance, there is a doubt whether she is considered a niddah, for if the fetus was female, this would be considered the beginning of the niddah cycle, or a zavah, for if the fetus was male, her cycle would have begun earlier. See the following halachah and notes.
According to this interpretation, however, the word \"alone\" which the Rambam adds appears to be in error.
She must observe the seven days of niddah. [The rationale is that] perhaps she gave birth to a female and her \"days of niddah\" do not begin until after the conclusion [of the days of purity], as we explained.59Chapter 7, Halachah 12.", + "What are the laws that apply wherever we said: \"She is governed by the laws that apply to the birth of a male and a female and those applying to a niddah\"? She is forbidden to her husband for fourteen days like a woman who gives birth to a female. If she discovers blood on the eighty-first day, there is a doubt whether she is a niddah.60The Rambam is speaking about a situation when a woman discovers uterine bleeding for the first time after a miscarriage. Ordinarily, her niddah cycle would start at that time. Nevertheless, since the possibility exists that her miscarriage did not involve a fetus, she must continue her previous reckoning of the \"days of niddah\" and the \"days of zivah.\"
Similarly, if she discovered uterine bleeding on the seventy-fourth day and the eighty-first day, there is a doubt whether she is a niddah.61If the fetus was male, the bleeding on the seventy-fourth day would have been considered the beginning of her \"days of niddah\" and the eighty-first day, the beginning of her \"days of zivah.\" Thus she would be only a minor zavah. Nevertheless, there is also a possibility that the fetus was female. In such an instance, any bleeding before the eighty-first day is insignificant and the eighty-first day begins the niddah cycle. Hence we rule more stringently and consider her a niddah, because of the doubt. Similarly, if she discovered [uterine bleeding] on the forty-first day, there is a doubt whether she is a niddah even though she discovered bleeding on the thirty-fourth day. She is forbidden to her husband until the forty-eighth day, as is the law for a woman who gives birth to a male.62This would be the law were we certain that she had miscarried a male fetus. Her status is doubtful, for it is possible that her miscarriage is not considered a birth at all. In that instance, the bleeding would be either niddah or zivah bleeding, depending on her cycle.
We do not grant her any \"pure days\" at all, like a niddah. [The following rules apply with regard to] any bleeding that she discovers from the day on which she miscarried until the eightieth day beginning from seven days after she miscarried. If it is discovered in her \"days of niddah, she is a niddah, because of the doubt. And if it is discovered in her \"days of zivah,\" she is a zavah, because of the doubt. For throughout the days after birth, [the previous patterns concerning] the expected times of menstruation do not apply.63I.e., were we to know for certain that she had given birth, there would be no concept of days of niddah and days of zivah. Hence, in the present situation, although the woman must observe the stringencies of niddah and zivah, it is only because of the doubt.
Similarly, if she discovers uterine bleeding on the eighty-first day, her situation is still problematic and she must consider herself a niddah because of the doubt as explained [above]. [This applies] even if she discovers bleeding for only one day. When she establishes a pattern of menstruation after eighty days, her difficulties will cease and she will be either definitely a niddah or definitely a zavah.64Depending on the day of her cycle on which the bleeding is discovered. Similarly, from the time she miscarried for seven days, she will be definitely impure [like] a niddah65Either because of the miscarriage or because the bleeding is considered as blood of niddah. Either way, she is definitely impure for seven days. if she miscarried in the midst of her days of niddah, as we explained.66In Halachah 20." + ], + [ + "All of what was said with regard to [the laws of] niddah, zivah, and childbirth applies with regard to Scriptural Law. [The Jews] would follow these laws when the Supreme Sanhedrin held sessions and it included great sages who were familiar with [the types of] blood. If a doubt arose [for the lesser judges] with regard to the discovery of blood or the days of niddah and zivah, they could ascend to the Supreme Sanhedrin and ask them. As the Torah promised concerning them [Deuteronomy 17:8]: \"If a matter of judgment is unknown to you concerning one type of blood or another, or one judgment and anotherו [you shall ascend to the place that God shall choose].\"1I.e., to the Temple in Jerusalem. See Hilchot Mamrim, chs. 1 and 4, which discuss the authority of the Supreme Sanhedrin and how it served as the final governing body for Jewish Law.
[\"Concerning one type of blood or another\"] means \"between the blood of niddah and the blood of zivah. In that era, Jewish women would be careful concerning this matter and would pay attention to their monthly patterns and would always count the \"days of niddah\" and the \"days of zivah.\"", + "It is very difficult to keep track of the counting of the dates. Many times doubts will arise. For even if a woman discovered bleeding on the day she was born, she must begin counting the \"days of niddah\" and the \"days of zivah,\" as we explained.2Chapter 4, Halachah 4. Therefore a girl cannot become impure as a zavah until she is ten days old. For if she discovered bleeding on the day that she was born, she would be a niddah for seven days. [Then to be a zavah, she would have to discover bleeding] on the three days directly following the \"days of niddah.\" Thus [she would be] ten days [old].
Thus we learned that she begins counting the \"days of niddah\" and the \"days of zivah\" from the first time she discovers uterine bleeding throughout her entire life. [This applies] even if [the first time] she discovers bleeding is when she is a minor.", + "During the era of the Sages of the Gemara, many doubts arose with regard to the appearance of blood3As stated in Chapter 5, Halachah 7-12, in the Talmudic era, our Sages felt capable of distinguishing between different shades of red and were able to identify some shades as pure and others as impure. In the Rambam's era and certainly in later ages, the Rabbis felt incapable of making such distinctions. and the reckoning of the pattern of menstruation. For it was not within the potential of all women to calculate the \"days of niddah\" and the \"days of zivah.\" Therefore our Sages ruled stringently concerning this matter and decreed that a woman should consider all her days as \"days of zivah\" and consider any bleeding that she discovers as zivah bleeding because of the doubt.4The Maggid Mishneh relates that the Rambam did not clarify his statements concerning this Rabbinic ordinance because it was only a temporary measure. It does not reflect Scriptural Law, nor does it reflect Rabbinic Law as practice, because it was later supplanted by the stringency Jewish women accepted upon themselves as stated in the following halachah.
To explain: Niddah 66a relates that Rabbi Yehudah HaNasi ordained that any woman who discovers uterine bleeding should wait six \"spotless\" days before immersing herself . If, however, she discovers bleeding for three consecutive days, she must wait seven \"spotless\" days. Thus if the bleeding had come in her days of niddah, she would have waited the seven days required by Scriptural Law (the day she discovered the bleeding and the six \"spotless\" days). And if the bleeding had come in her days of zivah, all that is required by Scriptural Law is for her to wait one spotless day. This is the ordinance to which the Rambam referred.
", + "In addition, Jewish women accepted a further stringency upon themselves. They accepted the custom that wherever Jews live, whenever a Jewish woman discovers [uterine] bleeding, even if she does not discover more than a drop the size of a mustard seed and the bleeding ceases immediately, she must count seven \"spotless\" days.5The stringency implied by this practice is that even if bleeding is sighted for only one day, the woman counts seven \"spotless\" days. [This stringency applies] even if she discovered the bleeding during her \"days of niddah.\"6According to Scriptural Law, there is no need for her to count seven \"spotless\" days in such a situation. Instead, she may immerse after the seventh day regardless. Nevertheless, women accepted this stringency upon themselves.
Whether the bleeding continued for one day, two days, an entire seven days, or longer, when the bleeding ceases, she counts seven \"spotless\" days as is required of a major zavah and immerses on the night of the eighth day despite the fact that there is a doubt whether she is a zavah.7I.e., according to Scriptural Law, a zavah may immerse herself during the day on the seventh day. She need not wait until evening. Nevertheless, since a niddah is required to wait until the evening to immerse herself, women standardized their conduct and ordained that all immersion be performed at night unless there are extenuating circumstances. Note, however, Halachah 17. Or she may immerse during the day on the eighth day in a pressing situation, as explained.8Chapter 4, Halachah 8. Afterwards, she is permitted to her husband.", + "Similarly, every women who gives birth in the present age is considered as one who gives birth while a zavah and she must count seven \"spotless\" days, as we explained.9Chapter 7, Halachah 5.
According to Scriptural Law, if a women is not a zavah when she gives birth, she may immerse herself after seven or fourteen days, even if she was bleeding the entire time. In the Talmudic era, however, it became customary to observe the stringency described by the Rambam. The rationale is that since every discovery of bleeding renders her a zavah, she is always considered as having given birth in that state (Maggid Mishneh).
When quoting this law, Shulchan Aruch (Yoreh De'ah 194:1) emphasizes that this practice does not supplant Scriptural Law. Thus if a woman counts seven \"spotless\" days directly after giving birth to a girl, she must still wait the fourteen days required by the Torah before immersing.

It is the commonly accepted custom in Babylon, in \"the cherished land,\"10Eretz Yisrael. Spain, and the West,11Morocco and North Africa. that if a woman discovers bleeding in the days after childbirth,12The Hebrew term used by the Rambam has a specific meaning, the days between the seventh and fortieth days after a woman gives birth to a male or the days between the fourteenth and eightieth days after she gives birth to a female. she must count seven \"spotless\" days after the bleeding stopped. [This applies] even if she first counted seven \"spotless\" days and immersed [after giving birth].
We do not grant her any pure days at all. Instead, whenever a woman discovers bleeding whether it is bleeding associated with childbirth or \"pure blood,\" it is all impure. She must count seven \"spotless\" days after the bleeding ceases.", + "This law was instituted in the era of the Geonim. They decreed that there be no concept of \"pure\" blood. For the stringency that women accepted upon themselves in the era of the Sages of the Talmud applies only to a woman who discovers bleeding that would render them impure. [In this instance, they accepted the custom of] waiting seven days. Blood which she discovers during her \"days of purity\" after counting [seven \"spotless\" days], by contrast, is not a matter of concern [according to Scriptural Law]. For the days of purity are not subject [to concern] with regard to niddah or zivah as we explained.13Chapter 7, Halachah 7.", + "We have heard that in France,14Whose halachic tradition differed from that of the Sephardic community in many particulars. even today, relations are allowed [despite] \"pure\" bleeding as was the law in the Talmudic era after [the woman] counts [seven \"spotless\" days] and immerses herself because of the impurity resulting from giving birth in the zivah state. This matter is dependent on local custom.15The Rambam is referring to one of the principles mentioned in his introduction to the Mishneh Torah: Laws ordained by the Sages of the Talmud must be accepted universally throughout the Jewish community. Laws ordained by later authorities are subject to the halachic review of the local authorities.
The Rama (Yoreh De'ah 194:1) writes that it has already become universal Jewish practice to forbid relations when a woman discovers bleeding during her days of purity.
", + "Similarly, [stringencies were adopted] with regard to the laws of hymeneal bleeding in the present age. Even if a minor is below the age when she could be expected to menstruate and never discovered uterine bleeding, [her husband] must separate after engaging in the relations which are a mitzvah.16I.e., the first time the couple engage in relations. As explained in Chapter 5, Halachot 18-25, according to Scriptural Law, hymeneal bleeding does not represent any difficulty for it is not at all related to niddah or zivah. Hence, according to Talmudic Law, when the wife is a minor, the couple may engage in relations until the hymeneal bleeding ceases. Even a girl who gets married at the age of twelve is granted certain leniency. The later Rabbis, however, required all couples to separate because of hymeneal bleeding.
The Maggid Mishneh emphasizes that the groom may complete relations and withdraw while erect even if he knows that bleeding has commenced. Although our Rabbis ordained this stringency, they did not apply it to the first time the couple engaged in relations.
He also states that even if no bleeding is discovered, if the bride was a virgin, we assume that there was a slight amount of blood that was not noticed and rule that she is impure. These laws are quoted by Shulchan Aruch (Yoreh De'ah 193:1).

Whenever she discovers hymeneal bleeding,17I.e., if all the hymeneal blood was not released during the first time the couple engaged in relations and bleeding was discovered after subsequent relations. she is impure. When the bleeding ceases, she must count seven \"spotless\" days [before immersing herself].", + "Moreover, whenever a girl is asked to marry and consents, she must count seven \"spotless\" days after she consents to marry.18The day after she consents is the first of these seven days. If she becomes engaged and there is a considerable time between the engagement and the marriage, the days are counted from the time wedding preparations are made in earnest (Maggid Mishneh; Shulchan Aruch (Yoreh De'ah 192:1-2). Afterwards, [she immerses and] becomes permitted to her husband.19This stringency applies to a young girl who never menstruated or an older girl who already experienced seven \"spotless\" days after her last menstruation. [The rationale is that] she might have desired a man and released a drop [of blood] without being aware of it. Whether she is a mature woman or a minor, she must wait seven \"spotless\" days after she consents to marry. Afterwards, she immerses and may engage in relations.", + "All of these matters are additional stringencies that have been practiced by Jewish women from the era of the Sages of the Talmud [onward]. One should never deviate from it. Therefore every women who consents when asked to marry should not marry until she counts [these days] and immerses herself. If she marries a Torah scholar, she may marry immediately and then count after marriage and immerse. [The rationale is that] a Torah scholar will know that she is forbidden and observe [the restriction]. He will not approach her until she immerses.20The Kessef Mishneh and the Maggid Mishneh maintain that the Rambam would agree that not only relations, but also remaining alone with one's wife is forbidden in this situation. The Ra'avad and the Tur (Yoreh De'ah 192) infer that the Rambam is not paying heed to this prohibition. Hence, they differ with his ruling.", + "The laws applying to [the discovery of] stains in the present era [follow the principles] we explained.21In Chapter 9. There is no innovation in this regard, nor are there any [new] customs. Instead, any stain which we ruled was pure, is considered pure. And when [a woman discovers] any of the stains which we ruled were impure - [even] if the stain was not of the size that would generate concern for zivut - she must count seven [\"spotless\"] days, after the day of the discovery of the stain. For the discovery of a stain is not identical with the discovery of bleeding.22The Rambam is saying that for a stain a woman is not required to make a hefsek taharah or count seven days. Instead, it is sufficient for her to count six \"spotless\" days as described in Halachah 3 and notes. For as he explains, the discovery of a stain is not the same as the discovery of bleeding.
The Ra'avad differs with the Rambam and maintains that the laws applying to the discovery of bleeding also apply with regard to the discovery of a stain. The Maggid Mishneh offers theoretical support for the Rambam's approach, but states that since other Rishonim follow the Ra'avad's view, we should be stringent and accept it. This opinion is followed by Shulchan Aruch (Yoreh De'ah 188:3, 190:1).
", + "All the statements we made concerning a woman who miscarried [and discharged a creature that does not resemble a human fetus]23See Chapter 5, Halachah 15; Chapter 10, Halachah 8. and [hence] is pure also apply in the present age.24The Rambam maintains that the Rabbis did not issue a decree concerning such a situation, nor was this included in the stringency which Jewish women accepted upon themselves. The Ra'avad differs, explaining that in the present era, we are not knowledgeable concerning the distinctions between the forms which our Sages made. Hence, because of the doubt, we rule that a woman is impure after any miscarriage.
In this instance as well, the Ra'avad's view is accepted by the Ramban and the Rashba and is cited as halachah by Shulchan Aruch (Yoreh De'ah 194:3).

Similarly, when a woman discovers a white or green blood-like secretion25See Chapter 5, Halachah 6. This ruling is accepted by all authorities. or if she discharges a red mass of flesh that is not accompanied by bleeding,26See Chapter 5, Halachah 13. This ruling is also disputed by the Ra'avad and other Rishonim. For they maintain that it is impossible for the uterus to open without there being any bleeding. This view is accepted by Shulchan Aruch (Yoreh De'ah 194:2). she is pure even in the present age. For the stringency involves only one who discovers impure bleeding and the above are not considered as impure bleeding.", + "Similarly, if she had a wound from which blood was flowing27See Chapter 4, Halachah 20. or blood was released with her urine,28See Chapter 5, Halachah 17. Other Rabbis also do not require stringency with regard to these matters in the present age. she is pure. Innovations [in practice] were made only with regard to all women who discover impure bleeding as explained [above] and also that all different shades of blood are considered impure.29As stated in Halachah 3, the later Rabbis felt incapable of distinguishing between different shades of red as the Sages of the Talmud were capable of doing.", + "In certain places, the practice is that a woman must consider herself a niddah for seven days even though her bleeding lasted only one day. [Then] after these seven, she must count seven \"spotless\" days. This is not a [proper] custom.30The Rama (Yoreh De'ah 196:11) also mentions the practice cited by the Rambam. He also negates it saying: \"There is no reason for the practice. A person who is lenient earns a reward and hastens his [involvement in] the mitzvah.\" Instead, it is an error on the part of the one who ruled in this manner and is not worthy of being given any consideration.31Although the halachic authorities are unanimous in their support of the Rambam's ruling. The custom he quotes has a Rabbinic source in Midrash Tanchuma, Parshat Metzora, sec. 7. Instead, [the law is that if a woman experiences] one day of menstrual bleeding, she should count seven \"spotless\" days afterwards and immerse on the night [following] the eighth day,32The Rama (loc. cit.) mentions that the Ashkenazic custom is not to begin counting seven until the fifth day after the woman discovered menstrual bleeding. which is the second day after her [\"days of] niddah.\" She is [then] permitted to her husband.", + "Similarly, in certain places, the practice is - and support for this is found in the responsa of some of the Geonim - for a woman who gives birth to a male not to engage in relations until the conclusion of forty days and for one who gives birth to a female [to refrain] until after eighty days33By this practice, they distort the meaning of Leviticus, ch. 12, as interpreted in Chapter 4, Halachah 5. even though they discovered bleeding only during the [first] seven days. This is not a [proper] custom. Instead, these responsa are in error and indeed [the observance of this practice] in these places is of a heretical nature.34For as indicated by the association with the Sadducees, they undermine the authority of the Oral Law. They learned this interpretation from the Sadducees.35A deviant sect which tried to sway our people from Jewish practice by denying the authority of the Oral Law. It is a mitzvah to compel [these people] to remove [this improper custom] from their hearts and to return them to [the observance of] the words of the Sages who require only the counting of seven \"spotless\" days as explained.", + "A woman does not ascend from her state of ritual impurity and cease being considered as an ervah until she immerses herself in a mikveh that is halachicly acceptable while there are no substances intervening between her flesh and the water.36For an immersion can be disqualified when there are substances intervening between one's flesh and the waters of a mikveh. See Hilchot Mikveot 1:7 and the laws that follow. In Hilchot Mikveot, we will explain what defines a mikveh as acceptable and what disqualifies it, the manner in which one should immerse, and the laws concerning intervening substances.
If, by contrast, she washes in a bath - even if all the water in the world passes over her - her state is the same after washing as before washing [and a man who engages in relations with her is liable] for kereit. For there is no way of ascending from a state of ritual impurity to one of purity except through immersing in the waters of a mikveh, a spring, or a sea which is like a spring, as will be explained in Hilchot Mikveot.", + "In the present age, although the seven \"spotless\" days [are observed only because of] doubt,37As explained in Halachot 3 and 4 and notes. if a woman immerses herself during them, it is as if she did not immerse herself.38Since a niddah or a zavah does not change her state if she immerses herself before the required time, we apply this same ruling to a woman in the present age. If she immerses herself on the seventh day,39I.e., after sunrise. the immersion is valid even though it is forbidden to do so at the outset, lest one engage in relations on the seventh day after the immersion.40We fear that she may discover uterine bleeding after engaging in relations, but before nightfall, and thus nullify the entire seven \"spotless\" days. In that instance, her immersion is of no consequence. [The rationale is that] she immersed in the appropriate time even were she to have definitely been a zavah.41For according to Scriptural Law, a zavah may immerse at this time, as stated in Chapter 6, Halachah 11. And if the woman is a niddah, she may certainly immerse according to Scriptural Law, for the time of her impurity has passed.", + "It is forbidden to a person to embrace his wife during these seven \"spotless\" days. [This applies] even if she is clothed and he is clothed.42This and the following restrictions were imposed lest they lead to relations, as the Rambam states in the following halachah. He should not draw close to her, nor touch her, not even with his pinky. He may not eat together with her from the same plate.43The Ra'avad states: \"Our custom is that [they may not eat] even on the same table.\" The Shulchan Aruch (Yoreh De'ah 195:3) quotes the Ra'avad's ruling, but offers the following leniency. One may place an object between the two to make a distinction. The general principle is he must conduct himself with her during the days she is counting as he does in her \"days of niddah.\" For [relations with her] are still punishable by kereit until she immerses herself, as we explained.44In Halachah 16.", + "A niddah may perform any task which a wife would perform for her husband except washing his face, hands, and feet, pouring him a drink, and spreading out his bed in his presence.45Implied is that if he is not present, she may make his bed. Outside his presence, making his bed is a household task. In his presence, it could suggest an invitation for intimacy. See Shulchan Aruch (Yoreh De'ah, ch. 195) and commentaries for a further delineation of stringencies that must be observed until a woman purifies herself. [These were forbidden as] decrees, lest they come to sin.46I.e., relations.
For this reason, she should not eat with him from the same plate, nor should he touch her flesh, lest this lead to sin. Similarly, she should not perform these three tasks for him during her seven \"spotless\" days. It is permitted for a woman to adorn herself during her \"days of niddah,\" so that she does not become unattractive to her husband." + ], + [ + "When a Jew engages in relations with a woman from other nations, [taking her] as his spouse or a Jewess engages in relations with a non-Jew as his spouse, they are punished by lashes, according to Scriptural Law.1Licentious relations with a gentile man or woman are not included in the scope of this Scriptural prohibition, as stated in the following halachah. As [Deuteronomy 7:3] states: \"You shall not intermarry with them. Do not give your daughter to his son, and do not take his daughter for your son.\"
This prohibition applies equally to [individuals from] the seven [Canaanite] nations and all other gentiles.2Although the verse the Rambam cites as a prooftext refers to the seven Canaanite nations, all other gentiles are also included as reflected by the verse from Nechemiah.
The Tur (Even HaEzer 16) differs with the Rambam, explaining that the verse should be understood within its limited context, referring only to the seven nations. (The Rambam's opinion has a source in the Sheiltot D'Rabbenu Achai Gaon, while that of the Tur is found in the Sefer Mitzvot Gadol) The crux of the difference is the exegesis of the continuation of the verse cited by the Rambam: \"For he shall sway your son away.\" Kiddushin 68b quotes Rabbi Shimon as focusing on the motivating rationale for the verse and thus including all those who might sway a person's heart. Thus it refers to all gentiles. The Sages, however, do not accept this perspective.
This was explicitly stated in Ezra3Although the verse is contained in the Book of Nechemiah, the Rambam considers Ezra and Nechemiah as one book. See Hilchot Sefer Torah 7:15. Similarly, Sanhedrin 93b states that none of the books of the Tanach are named after Nechemiah.
The verse cited by the Rambam is part of the oath taken by the people to remain true to their faith upon their return to Zion. At that time, the gentiles living in the land were not Canaanites.
[Nechemiah 10:31]: \"That we will not give our daughters to the gentiles in the land and that we will not take their daughters for our sons.\"", + "The Scriptural prohibition applies only to marital relations.4The Tur, loc. cit., differs with the Rambam concerning this point as well, stating that there is no concept of marriage between a Jew and non-Jew. When, by contrast, one engages in relations with a gentile woman with a licentious intent, he is given \"stripes for rebellious conduct\" according to Rabbinic Law. [This is a] decree, lest this lead to marriage.
If [a Jew] designates [a gentile woman] for licentious relations, he is liable for relations with a niddah, a maid-servant, a gentile woman, and a licentious woman.5This was a decree passed by the court of the Hasmoneans when they saw that the Jews were sharing intimacy with Greek women (Avodah Zarah 36b). The transgressor is given stripes several times, once for each of the Rabbinic prohibitions he ignored. If he did not designate her for himself, but instead, [engage in relations with her] spontaneously, he is only liable for relations with a gentile woman. All of these liabilities are Rabbinic in origin.6According to Scriptural Law, if a Jew engages in relations with a gentile woman in public \"the zealot may strike him,\" as stated in Halachah 4. The Hasmoneon's decree, however, applies even when relations were carried out in private.", + "When does the above apply? When the man who engaged in relations was an Israelite. If, however, a priest engages in relations with a gentile woman, he is liable for lashes according to Scriptural Law, because of the prohibition against relations with a zonah.7The term zonah is generally translated as \"prostitute.\" It has, however, a precise halachic definition, as stated in Chapter 18, Halachah 1. [This prohibition applies] both to a non-Jewish zonah and a Jewish one. He receives lashes for relations alone, for he cannot consecrate her.8Note the contrast to the laws applying to a Jewish zonah, as mentioned in Chapter 17, Halachah 2.", + "Whenever a man has relations with a gentile woman in public, i.e., the relations are carried out in the presence of ten or more Jews, if a zealous person strikes him and kills him, he is considered praiseworthy and ardent.9The Ra'avad rules that the zealous person must warn the transgressor before striking him. The Maggid Mishneh states that the concept of a warning is relevant only with regard to execution by the court and not to the independent actions taken by a zealous person. The Rama (Choshen Mishpat 425:4) quotes the Ra'avad's view. [This applies whether the relations were] in the context of marriage or licentious in nature. This matter is a halachah conveyed to Moshe at Sinai.10I.e., a law which is not commanded by the Written Torah, yet communicated by the Oral Tradition. Support for this can be derived from Pinchas' slaying of Zimri.11As Numbers, ch. 25 relates, the Jews began worshiping idols, because they were lured to by Midianite women. Enraged Moses commanded that the worshipers be executed. Zimri, the prince of the tribe of Shimon, took a Midianite woman and confronted Moses, engaging in relations before him. When Pinchas saw this, he slew Zimri, giving expression to the law mentioned by the Rambam.", + "The zealous person can strike [the fornicators] only at the time of relations, as was the case with regard to Zimri, as [Numbers 25:8] states: \"[He pierced] the woman into her stomach.\"12Our Sages relate that Pinchas' javelin went through Zimri's back and into her gut, killing them both in the midst of relations. If, however, [the transgressor] withdraws,13Even if he transgressed already. he should not be slain. Indeed, if [the zealous person] slays him, he may be executed [as a murderer].14Needless to say, a warning must be given and two acceptable witnesses must observe the slaying.
If the zealous person comes to ask permission from the court to slay him, they do not instruct him [to],15The initiative to slay the transgressor must be totally that of the zealous person. For the court has no obligation - and there no license - to exact such punishment. even if this takes place at the time [of relations]. Not only that, if the zealous person comes to kill the transgressor and he withdraws and kills the zealous person in order to save himself, the transgressor is not executed for killing him.16For the zealous person is considered as a rodef, pursuer, whom the intended victim has the right to slay, as stated in Hilchot Rotzeach, ch. 1.
When a Jew has relations with the daughter of a resident alien,17As explained in Chapter 14, Halachah 7, this refers to a non-Jew who accepted the seven universal laws commanded to Noah and his descendants. In his Commentary to the Mishnah (Sanhedrin 9:6), the Rambam states that the woman herself - not only her father - must not be an idolater. the zealot may not strike him. [The transgressor] should, however, be given stripes for rebellious conduct.", + "If the zealot did not strike him, nor did he receive stripes from the court,18The Maggid Mishneh writes that if he was given \"stripes for rebellious conduct\" by the court, he is no longer liable for kereit. Our Sages (Makkot 23b) state a similar concept with regard to a person who receives lashes for the violation of a Scriptural prohibition. The Rambam extends the idea to include a person who is punished on the basis of Rabbinic decree. his punishment is explicitly stated in the words of the prophetic tradition. He is liable for karet,19This applies even if relations are conducted in private. as [Malachi 2:11-12] states: \"Judah desecrated that which is sacred to God, [by] loving and engaging in relations with the daughter of a foreign god. May God cut off from a man who does this any progeny and descendant.\" [Implied is]20As interpreted by Yevamot 22b, 23a. that if he is an Israelite, he will not have progeny among the wise who will raise issues, nor a descendant among the scholars who will respond. If he is a priest, he will not have [a descendant] who \"presents an offering to the Lord of Hosts.\" Thus you have learned that a person who shares intimacy with a gentile woman is considered as if he married a false deity, as the verse states: \"engaging in relations with the daughter of a foreign god.\" And he is called one who \"desecrated that which is sacred to God.\"", + "Although this transgression is not punishable by execution by the court, it should not be regarded lightly, for it leads to a detriment that has no parallel among all the other forbidden sexual relations. For a child conceived from any other forbidden sexual union, is [the father's] son with regard to all matters and is considered a member of the Jewish people, even if he is a mamzer.21Indeed, Horiot 13a states that a mamzer who is a scholar receives precedence over a High Priest who is unlearned. A son conceived by a gentile woman, by contrast, is not considered his son. [This is derived from Deuteronomy 7:4:] \"For he shall sway your son away from following Me.\" She turns him away from being one of those who follow God.", + "This matter causes one to cling to the gentile nations from whom the Holy One, blessed be He, has separated us, and to turn away from following God and to betray Him.", + "When a gentile engages in relations with a Jewish woman, if she is married, he should be executed.22For the gentiles are prohibited against adultery. If she is single, he is not executed.", + "If, by contrast, a Jewish male enters into relations with a gentile woman, when he does so intentionally, she should be executed.23Note the gloss of the Maggid Mishneh who questions the source for the Rambam's ruling, arguing that the passage from Numbers cannot be interpreted as definitive proof. She is executed because she caused a Jew to be involved in an unseemly transgression, as [is the law with regard to] an animal.24See Chapter 1, Halachot 16-18. [This applies regardless of] whether the gentile women was a minor of three years of age,25If, however, she is younger than three, the relations are not considered significant. or an adult, whether she was single or married. And it applies even if [the Jew] was a minor of nine years old, [she is executed].26From that age onward, sexual relations in which he engages are significant, as stated in Chapter 1, Halachah 13.
This [punishment] is explicitly mentioned in the Torah, as [Numbers 31:16-17] states: \"Behold they were [involved] with the children of Israel according to the advice of Balaamו.27Who advised the Midianites and the Moabites to have their women seduce Jewish men to provoke God's wrath. Execute any woman fit to know a man through lying with a male.\"", + "Servants that have been immersed for the sake of servitude and accepted the mitzvot in which servants are obligated,28See Chapter 14, Halachah 9. have departed from the category of gentiles, but have yet to enter the category of Jews. For this reason, a maidservant is forbidden29I.e., the prohibition is Rabbinic in origin, as indicated by the conclusion of this halachah and the following halachot. to a free Jew. [This applies to] both one's own maid-servant and a maid-servant belonging to a colleague.
When a person enters into relations with a maid-servant, he should be given stripes for rebellious conduct as prescribed by the Rabbis.30And not lashes, as is the punishment for the violation of a Scriptural commandment. [It is obvious that a Scriptural prohibition is not involved,] for it is explicitly stated in the Torah that a master may give a Hebrew servant a Canaanite maid-servant31Were there to be a Scriptural prohibition involved, it would not be relaxed in the case of a servant. [for the sake of relations]32So that the offspring will be the master's. and that she is permitted to him, as [Exodus 21:4] states: \"If his master will give him a wife.\"", + "The Sages did not issue a decree with regard to this matter,33Forbidding such relations to a Hebrew servant (Ma'aseh Rokeach). nor did the Torah require that lashes be given for [relations with] a maid-servant unless she was designated for a [Jewish] man, as we explained.34Chapter 3, Halachah 13.", + "This transgression should not be light in one's eyes, because it does not involve lashes according to Scriptural Law. For this [act] also causes the son to be turned away from following God. For a son born of a maid-servant is a servant and is not a [full] member of Israel. Thus he causes [Israel's] holy seed to be profaned and produce servants. Behold Onkelos the translator35Who composed the standard Aramaic translation of the Torah. included relations with a servant and a maid-servant in [the prohibitions, Deuteronomy 23:18]: \"There shall not be a promiscuous man and there shall not be a promiscuous woman.\"36The Rambam does not fully accept the view of Onkelos. For Onkelos defines the scope of the Biblical prohibition as including these relations and the Rambam does not, as evident from the fact that the Rambam does not consider these relations as punishable by lashes. (The Rambam also has a different conception of the prohibition of relations with \"a promiscuous woman\"; see Hilchot Ishut 1:4.) Nevertheless, the Rambam uses the view of Onkelos as support for his condemnation of this act (Mayim Chayim; see also Beit Shmuel 16:6).", + "When a person engages in relations with a maid-servant, even in public, a zealous person may not strike him, not even at the time of the transgression.37In contrast to relations with a gentile woman (Halachah 4). Similarly, if one marries a maid-servant,38In contrast to marriage to a gentile woman (Halachah 1). he does not receive lashes according to Scriptural Law. For from the time she immersed and accepted the mitzvot, she departed from the category of gentiles.", + "If [the identity of] a Jewish child becomes confused with that of the child of a maid-servant, the status of both [children] is doubtful.39When explaining this possibility the Talmud gives the example of women who gave birth together in a cave. Today, unfortunately, such confusion has happened in hospitals. Each of them is considered as possibly a servant. [Hence] we compel the owner of the maid-servant to free them both.40Otherwise, because of the doubt, neither of the children would be able to marry. They could not marry a Jewess, for perhaps they were servants, nor a maid-servant, for perhaps they were Jews (compare to Hilchot Avadim 7:7). If [the owner died and] the son [whose identity was confused] is the [only] son of the servant's master, when they come of age, they should free each other.41Since we do not know which is the servant and which is the master, they must both free each other. And thus the servant will certainly have been freed by the master.
Before they reach adulthood, however, it is impossible for one to free the other, because a minor may not free a servant.
Then they will be permitted to marry within the Jewish people.", + "If the children whose identities were confused were female, they are both considered as possibly a maid-servant. If a person enters into relations with either of them, the offspring is considered as a servant because of the doubt.42In this instance, the Rambam does not say that the owner must free the offspring, because there is no obligation for a woman to marry and bear children. Compare to Hilchot Avadim, loc. cit.; see Maggid Mishneh, Beit Shmuel 16:7. The master may not, however, compel either of them to work. For they both can require him to prove his claims.
Similarly, if the identity of a gentile child becomes confused with that of a Jewish child, we immerse both of them as converts and they are both considered as possibly a convert.43Thus they are forbidden to marry a priest, as stated in Chapter 18, Halachah 3 (Maggid Mishneh).", + "Whenever any of the gentiles convert and accept all of the mitzvot in the Torah44As described in Chapter 13. or a servant is freed,45At which time his conversion process is completed. they are considered as Jews with regard to all matters,46I.e., there is no difference between a convert and a native Israelite with regard to any matter of Jewish observance. as [Numbers 15:15] states: \"For the community: there will be one law [for you and the convert].\" A convert may marry within the Jewish community immediately, i.e., a male convert or freed servant may marry a native-born Jewess and an Israelite47But not a priest (Maaseh Rokeach). may marry a female convert or a freed maid-servant.
There are four nations from which [converts] are exceptions: Ammon, Moab, Egypt, and Edom. When a person from one of these nations converts, he is like an Israelite with regard to all matters with the exception of marriage within the Jewish community.", + "What are the laws that apply to them [in that context]? It is forbidden to marry an Ammonite and a Moabite forever. This applies to the males and not the females,48The rationale for this leniency is explained as follows. The Torah explains the reason for this prohibition: \"Because of the fact that they did not greet you with bread and water on the way.\" Now it is not appropriate for women to greet travelers with food. Hence, since the sin does not apply with regard to women - the consequence of it - the prohibition against marrying into the Jewish people also does not apply with regard to them. as [Deuteronomy 23:4] states: \"An Ammonite and a Moabite shall not enter the congregation of God.\" It is a halachah transmitted to Moses at Sinai that it is a male Ammonite and a male Moabite who are forbidden to marry a native-born Israelite forever,49They may, however, marry women who converted to Judaism or freed maid-servants. Shaar HaMelech also states that these individuals may even marry maid-servants who were not yet freed. [including] even their son's grandson forever. An Ammonite woman and a Moabite woman are, by contrast, permitted immediately50Indeed, Ruth the maternal ancestor of King David - and ultimately of Mashiach - was a female Moabite convert. Initially, and indeed for several generations, there were questions whether she and her descendants were allowed to marry within the Jewish. Ultimately, however, the ruling stated by the Rambam was accepted throughout the Jewish community. See Yevamot 76b. as are [converts] from other nations.", + "An Egyptian and an Edomite convert - both a male and a female - are forbidden to marry among the Jewish people for the first and second generations. The third generation, however, is permitted, as [ibid.:9] states: \"Children who are born to them [may enter the congregation of God in the third generation].\"", + "When a female Egyptian converts while she is pregnant, her son is considered a second [generation Egyptian convert]. When a second [generation] Egyptian male [convert] marries a first [generation] Egyptian female [convert] or a first [generation] Egyptian male [convert] marries a second [generation] Egyptian female [convert], the child is considered a second generation [convert].51Rashi differs and maintains that the child's status depends on that of its mother. Thus if the mother is a second generation Egyptian convert, the child is a third generation convert and is permitted. The Shulchan Aruch (Even HaEzer 4:4) quotes both views. [This is derived from the phrase]: \"Children who are born to them.\"52The Maggid Mishneh explains that the intent is that everyone knows that birth involves both a man and a woman. Hence the child must be the third generation from both of the male and the female. The verse made the matter dependent on birth.", + "When a male Ammonite convert marries a female Egyptian,53Who has converted. the offspring are considered as Ammonites.54The Maggid Mishneh refers to Yevamot 78b and maintains that this ruling applies only when the offspring are male. If they are female, they are not considered as Ammonites (and hence, permitted). Instead, they are considered as Egyptian and forbidden for three generations, i.e., we follow the greater blemish. This view is quoted by the Shulchan Aruch (Even HaEzer 4:7). When a male Egyptian convert marries a female Ammonite, the offspring are considered as Egyptians.55This also can be considered as applying only when the offspring are male. If they are female, some opinions considered them as permitted (as a female Ammonite) and others as Egyptian [Rama (Even HaEzer, loc. cit.)]. This is the general principle: Among gentiles, the identity [of the offspring] is determined by the male. Once they convert, [the offspring] is given the identity that is of the lowest status.", + "A person from the seven [Canaanite] nations who converts is not forbidden to marry among the Jewish people according to Scriptural Law.56This ruling depends on the Rambam's interpretation of the prohibition: \"You shall not intermarry with them\" mentioned at the beginning of the chapter. As explained, according to the Rambam, the verse applies to all gentiles, not only Canaanites, and only before they convert. Once they convert, all gentiles - except the four nations mentioned in the previous halachot - may marry freely among the Jewish people.
The other authorities, by contrast, maintain that the prohibition applies to the Canaanite nations alone and after conversion. Otherwise, they maintain, it is unnecessary, for there is no concept of marriage between a Jew and a non-Jew.
It is known that of them, only the Gibeonites converted.57Note Joshua, ch. 9, which relates how the Gibeonites deceived the Jewish people and established a covenant with them. Joshua decreed that they be forbidden to marry among the Jewish people,58Because of the deception they perpetrated. both males and females.
He instituted this prohibition only during the time a Sanctuary is standing, as [Joshua 9:23] states: \"[You shall be] wood-choppers and water-drawers for the house of my God.\" He made their ban dependent on the Sanctuary.", + "They are called Netinim, \"the designated ones,\" for they were designated for the service in the Sanctuary. David came and decreed that they should never be allowed to marry among the Jewish people, even at a time when the Sanctuary is no longer standing. This is explicitly stated in Ezra [8:20]: \"From the Netinim whom David and the officers designated for the service of the Levites.\" From this, we see that he did not make the matter dependent on the Sanctuary.59For the narrative in Ezra speaks of a time when the Temple had already been destroyed.", + "Why did David and his court pass this decree against them? Because he saw that they were characterized by brazenness and cruelty. For they asked to kill and hang the seven sons of Saul, God's chosen one,60As related in II Samuel, ch. 21, there was a famine for three years in Eretz Yisrael. Through prophetic vision, David learned that the reason for the famine was Saul's oppression of the Gibeonites (exactly what Saul did to oppress them is a matter of discussion among the Rabbis). David asked the Gibeonites what they desired to be appeased for this oppression. They answered that they wanted to slay seven of his descendants. David handed over seven of Saul's descendants to them and they hung them and left their corpses on the gallows. For this act of cruelty, David decreed that they should never marry among the Jewish people. For Israel should be characterized by kindness and mercy. See Chapter 19, Halachah 17, which further develops this theme. and they did not have mercy upon them.", + "When Sannecherib, King of Assyria, arose, he confused the identity of all the nations, mixing them together, and exiling them from their place.61I.e., in order to thwart the possibility of local peoples organizing rebellions against him, Sannecherib destroyed the national identity of people by exiling them from their native lands and forcing them to intermingle with other peoples. The Egyptians that live in the land of Egypt at present are of other nationalities. This also applies with regard to the Edomites in the field of Edom.
Since these four forbidden nations became intermingled with all the nations of the world [with] whom it is permitted [to marry once they convert], all [converts] are permitted. For when anyone of them separates himself [from them by] converting, we operate under the presumption that he became separate from the majority.62This principle applies in many instances when forbidden and permitted substances or individuals become mixed together. See for example, Yoma 84b, Zevachim 73a,b. Therefore in the present age, in all places, whenever a convert converts, whether he be an Edomite, an Egyptian, an Ammonite, a Moabite, a Kushite, or from any of the other nations, whether male or female, he or she is permitted to marry among the Jewish people immediately.63The Shulchan Aruch (Even HaEzer 4:10) quotes this ruling, but states that according to the opinion of Rabbenu Asher, Sannecherib did not succeed in erasing the identity of the Egyptians and the prohibition against marrying their converts still applies." + ], + [ + "Israel entered the covenant [with God]1Tosafot, Keritot 9a, refer to this as the covenant which separated the Jews from the other nations. The Rambam is emphasizing that all of these acts where performed in preparation for the Giving of the Torah when the covenant took effect. with three acts: circumcision, immersion, and offering a sacrifice.", + "Circumcision took place in Egypt, [before the Paschal sacrifice, of which Exodus 12:48] says: \"No uncircumcised person shall partake of it.\" Moses our teacher circumcised [the people]. For with the exception of the tribe of Levi, the entire [people] neglected the covenant of circumcision in Egypt.2See Hilchot Avodat Kochavim 1:3 which describes the extent of the Jews' assimilation in Egypt. Regarding this, [Deuteronomy 33:9 praises the Levites,] saying: \"They upheld Your covenant.\"", + "Immersion was performed in the desert before the Giving of the Torah, as [Exodus 19:10] states: \"Sanctify them today and tomorrow, and have them wash their garments.\" Sacrifices [were also offered then], as [ibid. 24:5] states: \"And he sent out the youth of the children of Israel and they brought burnt offerings.\" They offered them as agents of the entire Jewish people.", + "Similarly, for [all] future generations, when a gentile desires to enter into the covenant, take shelter under the wings of the Divine presence, and accept the yoke of the Torah,3Implied is that together with these ritual acts, the gentile must also accept the yoke of Jewish observance. As Shulchan Aruch (Yoreh De'ah 268:3) emphasizes this is a fundamental element of the conversion process. he must undergo circumcision,4If he had been circumcised as a gentile, a small amount of blood must be drawn from him for the sake of conversion [Chapter 14, Halachah 5; Shulchan Aruch (Yoreh De'ah 268:1)]. immersion, and the offering of a sacrifice. A woman [who converts] must undergo immersion and bring a sacrifice, as [Numbers 15:15] states: \"As it is for you, so shall it be for the convert.\" Just as you [entered the covenant] with circumcision, immersion, and the offering of a sacrifice; so, too, for future generations, a convert must undergo circumcision, immersion, and must bring a sacrifice.", + "What is the sacrifice that a convert [is required to bring]? A burnt offering of an animal or two turtle-doves or two fledging doves. Both of [the doves] must be brought as burnt offerings.5In contrast to other situations when a pair of such doves are offered and one is brought as a burnt offering and one as a sin offering. In the present age, when there are no sacrifices,6For the Temple is destroyed. [a convert] must undergo circumcision and immersion.7The Rambam mentions the two acts in the desired order: circumcision and then, immersion. Nevertheless, if a convert immerses before circumcision, there is a difference of opinion among the later Rabbis if the immersion is acceptable or not [Rama (Yoreh De'ah 268:1)]. Hence he should immerse again because of the doubt (Siftei Cohen 268:2). When the Temple is rebuilt, he must bring a sacrifice.8Yevamot 46a quotes an opinion which requires the convert to actually set aside the money. The Talmud's conclusion, however, is that it would be undesirable to do so, lest the funds be used for other purposes which is a transgression.
It must be emphasized that even before the convert brings a sacrifice, he is considered as a full-fledged member of the Jewish people.
", + "When a convert is circumcised, but does not immerse himself, or immerses himself, but was not circumcised, he is not considered a convert until he perform both of these activities. He must immerse himself in the presence of three men.9Numbers 15:16 states: \"There will be one judgment for you and the convert.\" Since the verse uses the term judgment, Yevamot 46b states that like in a judgment, three judges are necessary.
There are opinions that emphasize that this is merely an asmachta, a Rabbinic ruling that uses a Biblical verse as a support. Kin'at Eliyahu explains the rationale for this view. Were the concept to have its source in Scriptural Law, judges possessing semichah, the unique ordination that ceased in the Talmudic era, would be required and thus it would be impossible to accept converts in the present age.
Since a court is required, he may not immerse on the Sabbath or on festivals, or during the night.10For a court does not hold sessions at these times. Another reason why the immersion should not be performed at this time is that it amends the person's state, and that is not permitted on the Sabbath. Nevertheless, the Rambam considers the first rationale of primary importance (Kessef Mishneh). If, however, they had him immerse [at night], he is a convert.11The Rashba explains that a legal case that is begun during the day may be completed at night. Hence, the convert's immersion may also be accepted at night.", + "We immerse a minor who seeks to convert based upon the guidance of the court.12Conversion, a change in status, must be brought about through a conscious decision by the convert. A minor is not considered as able to make mature decisions and is not held responsible for his conduct. Therefore he cannot make the decision to convert. Nevertheless, the Jewish court makes this decision on his behalf.
The converted child, however, has the option of refuting the conversion when he comes of age. If he protests his conversion at that time, he is considered a gentile and need not observe the mitzvot. If, however, he accepts his conversion when he comes of age, but regrets afterwards, he is bound by his original decision.
For it is an advantage for a person [to convert].13A person cannot act on another person's behalf unless it is considered to his benefit, but our Sages consider becoming part of the Jewish people a benefit sufficient enough to justify their actions. The Maggid Mishneh explains that although the Torah and its mitzvot compel a person to restrain his conduct, as long as he is young and has not become habituated to forbidden conduct, he will be able to accommodate himself to the Torah's guidelines. When a pregnant woman converts and immerses herself, her child does not require immersion.14For the fetus is considered as part of her body and her immersion is sufficient for the fetus as well.
When [a convert] immerses himself alone and converts alone - or even if he does this in the presence of two persons15For two people do not constitute a court (Hilchot Sanhedrin 2:10). - his conversion is not valid.16For as mentioned in the previous halachah, three judges must be present.
The Rambam's perspective is not accepted by all authorities. Rabbenu Asher maintains that the requirement applies only at the outset. After the fact, even if a gentile circumcised himself and immersed on his own, the immersion is acceptable, provided he accepted the mitzvot in the presence of three Jews. The Shulchan Aruch (Yoreh De'ah 268:3) mentions both opinions, but appears to favor that of Rabbenu Asher.
If he comes and says: \"I converted in the court of so-and-so and they had me immerse,\" his word is not accepted with regard to license to marry among the Jewish people17As indicated by Halachah 10, this refers to a situation where previously, we know that the person was a gentile. If not, different laws apply. In all instances, the person must observe the mitzvot because of his statements. We, however, do not rely on his word alone with regard to marriage. unless he brings witnesses [who testify to the truth of his statements].", + "[The following rules apply if] he was married to a native-born Jewess or a convert and he already fathered children. If he says: \"I converted alone,\" his word is accepted with regard to the disqualification of his self,18And he is not allowed to continue living with his wife until he performs the conversion rites again.
The Siftei Cohen 268:22 quotes Rabbenu Asher who rules that his statements are of no consequence whatsoever. For example, if he enters into relations with a married Jewish women. If he was a gentile, the woman would be able to continue living with her husband, but if he was Jewish (i.e., his conversion was acceptable), the relations are considered as adulterous and she is forbidden. According to Rabbenu Asher, his word is not accepted and she is not forbidden.
but not with regard to the disqualification of his children.19The Maggid Mishneh questions how is it possible to disqualify his children. Even if he was indeed a gentile, the children would be Jewish. He explains that there is a halachic difference in a situation where both the parents converted privately. In that instance, were we to disqualify the children because of their statements, there would be a change in status. He must immerse himself again in the presence of a court.20Rabbi Akiva Eiger adds that according to the Rambam, he must also have blood drawn from his male organ as is the case of a convert who was circumcised while a gentile.", + "[The following laws apply with regard to] a female convert who we see conduct herself according to the ways of Israel at all times, for example, she immerses herself after being a niddah,21According to the authorities that, after the fact. do not require a convert's immersion to be performed in the presence of a court, this immersion also could serve as the immersion for the sake of conversion. she separates terumah from dough, or the like, and to a male convert who follows the paths of Israel, for example, he immerses himself after a seminal emission, and performs all the mitzvot. These are considered as righteous converts even though there are no witnesses to testify before whom they converted. Nevertheless, if they come to marry among the Jewish people, we do not allow them unless they bring witnesses or they immerse themselves in our presence. The rationale is that their identity was originally established as gentiles.", + "If, however, a person comes and says that he was a gentile, but that he was converted by a court, his word is accepted. [The rationale is that] the mouth that forbade him was the same that permitted him.22I.e., we knew nothing of the person's identity before he came before us. He was the one who raised the doubt whether he was Jewish - by saying that he was a convert - and he resolved it - by saying that he converted in a proper court. This follows the principle of miggo, if he desired to lie, he could have told a more effective lie, saying that he was a native-born Israelite.
When does the above apply? In Eretz Yisrael in the Talmudic era. For [at that time,] all the people there could be assumed to be Jewish. In the Diaspora, however, he must bring proof of his conversion.23The Ra'avad differs with the Rambam, explaining that there are two Talmudic opinions: one that accepts the convert's word both in Eretz Yisrael and in the Diaspora and one that requires him to bring proof in both places. Similarly, the Ramban and the Rashba differ and maintain that the convert's word is accepted in all places. The Shulchan Aruch (Yoreh De'ah 268:10) mentions the Rambam's view, but appears to follow that of the Ramban and the Rashba. Today the custom is for a court to be careful and investigate a convert's conversion before allowing him to marry among the Jewish people. [Only] afterwards may he marry a Jewess. I say that this is an additional stringency adopted to protect the purity of our lineage.", + "Just as we circumcise and immerse converts; so, too, we circumcise and immerse servants which are acquired from the gentiles for the sake of servitude.24For becoming a servant is also a change of status, causing the servant to depart from the status of a gentile, as stated in Chapter 12, Halachah 11.
When a person acquires a servant from the gentiles and the gentile takes the initiative and immerses with the intent of becoming a free man, he acquires his own person,25Yevamot 45b-46a explains the rationale for this law: The gentile owner who sold the servant does not own his physical person in the same manner as a Jew does. That ownership is a new factor established through immersion. Hence, if the servant takes the initiative, he can avoid being acquired. provided he says while immersing: \"Behold I am immersing before you for the sake of conversion.\" If he immerses himself in the presence of his master, he does not have to make an explicit statement.26For taking this independent act in the presence of his master is considered as if he made an explicit statement. Instead, since he immersed himself, he attains his freedom.27He must, however, reimburse the master for his value [Maggid Mishneh; Rama (Yoreh De'ah 267:9)].
For this reason, [when having the servant immerse,] the master must push him into the water28By manifesting his control over him in this manner, he emphasizes that he is acquiring him as a servant. until he arises at which time he is in his servitude. He must tell him that he is having him immerse for the sake of servitude in the presence of the judges. A servant must also immerse only in the presence of three judges and during the day as a convert, for it is a partial conversion.", + "When a servant is freed, he must immerse himself a second time29The Maggid Mishneh cites views that maintain that this immersion is Rabbinic in origin. Rabbi Akiva Eiger cites Tosafot who emphasize that it is a Scriptural requirement. in the presence of three men during the day,30As required of a convert (Halachah 6). for through this act, his conversion is completed and [his status] becomes that of a Jew. It is not necessary for him to accept the mitzvot and [for the judges] to inform him of the fundamentals of the faith, for they already informed him when he immersed himself for the sake of servitude.31See the initial halachot of the following chapter which describe the manner in which a gentile and a servant are informed about the mitzvot.", + "Converts, servants, and freed servants must be immersed in a mikveh that is acceptable for a niddah to immerse in. All of the substances that [disqualify her immersion because] they intervene [between the water and her flesh] disqualify the immersions, of converts, servants, and freed servants.32See Hilchot Mikveot which elaborates at length concerning both concepts mentioned in this halachah: what makes a mikveh acceptable and which substances disqualify an immersion when they intervene between a person's flesh and the water. For this reason, a servant or a convert should trim his nails and hair [Rama (Yoreh De'ah 268:2); see also Siftei Cohen 268:7].", + "One should not think that Samson who saved the Jewish people, and Solomon King of Israel, who is called \"the friend of God,\"33See II Shmuel 12:25, as interpreted by Menachot 53a, et al. married gentile woman who did not convert. Instead, the matter can be explained as follows: The proper way of performing the mitzvah is when a male or a female prospective convert comes, we inspect his motives for conversion. Perhaps he is coming for the sake of financial gain, in order to receive a position of authority,34Tosafot cites the narrative (Shabbat 31a) which relates that a gentile came to Hillel and asked him to convert him on the condition that he become the High Priest. Hillel agreed. Later the convert discovered the error of his ways and accepted Jewish practice genuinely. Tosafot explains that from the outset, Hillel recognized his potential sincerity and therefore accepted him even though originally, his motives were self-oriented. The Bayit Chadash and the Siftei Cohen 268:23 state that Hillel's example may be emulated and the Jewish courts have the prerogative of making a decision to accept a convert even though at the outset, he seeks to convert for ulterior motives. or he desires to enter our faith because of fear. For a man, we check whether he focused his attention on a Jewish woman. For a woman, we check whether she focused her attention on a Jewish youth.
If we find no ulterior motive, we inform them of the heaviness of the yoke of the Torah and the difficulty the common people have in observing it so that they will abandon [their desire].35For as the Rambam continues to explain, a convert's lack of observance could have a negative effect on the entire people. There is no obligation to convert. A gentile who observes the seven universal laws commanded to Noah and his descendants is on a very high rung. Hence unless a gentile is motivated by a very sincere commitment, it is preferable for him not to change his status and serve God in his present state. If they accept [this introduction] and do not abandon their resolve and thus we see that they are motivated by love, we accept them, as [indicated by Ruth 1:18]: \"And she saw that she was exerting herself to continue with her and she ceased speaking with her.\"36At first, Naomi tried to dissuade Ruth from converting. When, however, she saw her sincerity, she allowed her to join her. See Chapter 14, Halachah 1, which describes how this concept is applied.", + "For this reason,37I.e., because their motives were not genuine, as the Rambam continues to explain. the court did not accept converts throughout the reign of David and Solomon. In David's time, [they feared] that they sought to convert because of fear and in Solomon's time, [they feared] that they were motivated by the sovereignty, prosperity, and eminence which Israel enjoyed. [They refrained from accepting such converts, because] a gentile who seeks to convert because of the vanities of this [material] world is not a righteous convert.
Nevertheless, there were many people who converted in the presence of ordinary people38I.e., these individuals did not know that the converts should not be accepted. during the era of David and Solomon. The Supreme Sanhedrin would view them with skepticism. Since they immersed themselves, they would not reject them, but they would not draw them close until they saw what the outcome would be.39I.e., would they accept Jewish practice genuinely.
The Shulchan Aruch (Yoreh De'ah 268:12) interprets this to mean that the conversion was effective. They are Jews and have all the privileges and responsibilities of the Jewish people. Nevertheless, as an initial and preferred option, our Sages would not allow them to marry within the Jewish people and the like until they had established their sincere commitment to the Torah and its mitzvot.
It must be emphasized that, according to the Shulchan Aruch, we are speaking about people who convert for ulterior motives, but still accept the yoke of the Torah and its mitzvot. When a person \"converts\" without accepting the Torah and its mitzvot at all, the conversion is invalid, even if he becomes circumcised and immerses in a mikveh. For that reason, non-halachic \"conversions\" are unacceptable. See the notes to Halachah 18.
", + "Solomon converted women and married them and similarly, Samson converted [women] and married [them]. It is well known that they converted only because of an ulterior motive and that their conversion was not under the guidance of the court. Hence the Tanach40See Judges 14:3, I Kings 11:4. considered it as if they were gentiles and remained forbidden. Moreover, their conduct ultimately revealed their initial intent. For they would worship their false deities and build platforms for them. Therefore the Scriptures considered it as if [Solomon] built them, as [I Kings 11:7] states: \"And then, Solomon built a platform.\"", + "When a court did not check a [potential] converts background and did not inform him of the mitzvot41The Maggid Mishneh states that even if the court does not notify the potential convert of the mitzvot, the conversion is effective. The Shulchan Aruch (Yoreh De'ah 268:12) when quoting this law, changes the text to \"the reward for the mitzvot,\" implying that the gentile must accept the mitzvot before immersion. As the commentaries to the Shulchan Aruch explain, according to the Shulchan Aruch, if a convert does not accept the observance of mitzvot, the conversion is not acceptable even if he becomes circumcised and immerses. This concept is particularly relevant in the presence age when there are many non-halachic \"conversions.\" and the punishment for [the failure to observe] the mitzvot and he circumcised himself and immersed in the presence of three ordinary people, he is a convert. Even if it is discovered that he converted for an ulterior motive, since he circumcised himself and converted, he has departed from the category of gentiles and we view him with skepticism until his righteousness is revealed.
Even if afterwards, [the convert] worships false deities, he is like an apostate Jew. [If he] consecrates [a woman,] the consecration is valid,42Hence a get (formal bill of divorce) is required before the woman can marry another Jew. and it is a mitzvah to return his lost object.43The basic concept is that a convert who sins is considered as a Jew who sins. Even if he or she commits serious transgressions, the conversion is not revoked. The Kessef Mishneh maintains that if the convert intentionally worships false deities, a lost object that belonged to him is not returned, as indicated by Hilchot Gezeilah ViAvedah 11:2. For since he immersed himself he became a Jew. For this reason,44I.e., because despite their sins, they remained Jewesses. Samson and Solomon maintained their wives even though their inner feelings45I.e., their connection to idolatry. were revealed.", + "For this reason, our Sages said:46Yevamot 47a. It must be emphasized that sincere converts are given the highest praise. In a renowned letter to a convert named Ovadiah, the Rambam states: \"We [i.e., native-born Jews] share a connection with Abraham, Isaac, and Jacob. Your connection is with the One who spoke and created the world.\" \"Converts are as difficult for the Jewish people to bear as a leprous blemish.\" For most converts convert for an ulterior motive and [later] cause Jews to stray. It is difficult to separate from them once they have converted. Look at what happened in the desert at the worship of the Golden Calf and Kivrot HaTa'avah.47Our Sages explain that in both instances, it was the erev rav, the mixed multitude of converts who accompanied the Jews out of Egypt, who enticed the people to perform these sins. Kivrot HaTa'avah refers to the incident, Numbers, ch. 11, where the people complained because they desired other food in addition to the manna. Similarly, most of [the complaints in the instances when] our people tried God were instigated by the mixed multitude." + ], + [ + "What is the procedure when accepting a righteous convert? When one of the gentiles comes to convert, we inspect his background.1See Chapter 13, Halachah 14. If an ulterior motive for conversion is not found,2See Chapter 13, Halachah 14. we ask him:3The halachah is quoted from Yevamot 47a. As early as the Talmudic era, potential converts were dissuaded in this manner. \"Why did you choose to convert? Don't you know that in the present era, the Jews are afflicted, crushed, subjugated, strained, and suffering comes upon them?\" If he answers: \"I know. Would it be that I be able to be part of them,\"4Our translation is based on Rashi's commentary to Yevamot, loc. cit. we accept him immediately.", + "We inform him of the fundamentals of the faith, i.e., the unity of God and the prohibition against the worship of false deities. We elaborate on this matter.5Because they are the fundamentals of our faith (Maggid Mishneh). We inform him about some of the easy mitzvot and some of the more severe ones. We do not elaborate on this matter.6This law, quoted by the Shulchan Aruch (Yoreh De'ah 268:2) indicates that even the opinions which require a convert to accept the observance of the mitzvot do not require him to accept all of the mitzvot individually. Instead, he must make a general commitment to confirm to Jewish practice. We inform him of the transgression of [not leaving] leket, shichachah, pe'ah,7These refer to different obligations from the crops that must be left for the poor. See Hilchot Matanot Aniyim, ch. 1. and the second tithe.8Although this is the version in the standard published text of the Mishneh Torah, many manuscripts and early printings state \"the tithe for the poor.\" This fits both the context and the Rambam's source, Yevamot 47a.
These mitzvot are mentioned because the giver has no control over them. When a prospective convert sees that Judaism places such financial obligations upon him, he may regret his choice (Rashi, Yevamot, loc. cit.).
And we inform him of the punishment given for [violating] the mitzvot.
What is implied? We tell him: \"Before you came to our faith, if you partook of fat, you were not liable for your soul to be cut off. If you desecrated the Sabbath, you were not liable to be stoned to death. Now, after you convert, if you partake of fat, you are liable for your soul to be cut off. If you desecrate the Sabbath, you are liable to be stoned to death.\"
We do not teach him all the particulars lest this cause him concern and turn him away from a good path to a bad path. For at the outset, we draw a person forth with soft and appealing words, as [Hoshea 11:4] states: \"With cords of man, I drew them forth,\"9This can be interpreted as referring to the warnings concerning the transgressions. and then continues: \"with bonds of love.\"10And this to the encouragement based on the knowledge of the reward for mitzvot.", + "Just as he is informed of the punishment [for disobeying] the commandments; so, too, he is informed about the reward for [their observance]. We tell him that by observing these mitzvot, he will merit the life of the World to Come. For there is no completely righteous man other than a master of wisdom who observes these mitzvot and knows them.", + "We tell him: \"Know that the World to Come is hidden away only for the righteous; they are the Jews.11The commentaries have questioned the Rambam's statements here noting that in Hilchot Teshuvah 3:5 and other sources, he states that the pious among the gentiles have a share in the World to Come. Among the resolutions offered is that \"All of Israel have a share in the World to Come\" (Sanhedrin 10:1). By virtue of the essential Godliness of the Jewish soul, they are granted a portion in this eternal good. A gentile must, however, earn his portion through his deeds. It is not \"hidden away\" for him. The fact that you see Israel suffering difficulty in this world [reflects] the good that is hidden away for them. For they cannot receive an abundance of good in this world as the gentiles do. For they hearts may become uplifted and they will err and lose the reward of the World to Come, as [Deuteronomy 32:15] states: \"Jeshuron became fat and rebelled.\"12I.e., the outcome of prosperity was not increased observance, but the opposite: rebellion against God's will.", + "The Holy One, blessed be He, does not bring upon them an abundance of retribution solely so that they will not perish. For all the other nations will perish and they will prevail. We elaborate on this concept to make them feel cherished. If [the prospective convert] retracts and does not want to accept [the mitzvot], he goes on his way. If he accepts [their observance], we do not have him wait, but instead circumcise him immediately.13For we do not postpone the performance of a mitzvah. If he was circumcised, we draw the blood of circumcision from him.14I.e., a small wound is made on his male organ to draw blood for the sake of the covenant. The expression \"the blood of the covenant\" is derived from Exodus 24:8. See also Zechariah 9:11. We wait until he heals entirely15For we fear that, otherwise, the immersion might cause the wound to become infected (Rashi, Yevamot 47b).
The commentaries ask: Why don't we have him immerse first and then circumcise himself? In this way, he will not have to delay his conversion any longer. The Ramban (cited by Turei Zahav 268:4) states that we fear that he might refuse to become circumcised. This will be problematic for the immersion will have completed the conversion process. Hence, we have him become circumcised before the conversion is irreversible.
and then immerse him.", + "Three [judges] stand over him and inform him about some of the easy mitzvot and some of the more severe ones a second time while he stands in the water.16Rashi (loc. cit.) explains that since the immersion completes his conversion, the convert must accept the yoke of mitzvot at that time. If the convert was female,17And thus it would be immodest for her to enter the mikveh in the presence of the judges. women position her in the water until her neck while the judges are outside. They inform her about some of the easy mitzvot and some of the more severe ones while she is sitting in the water. Then she immerses herself in their presence. Afterwards, they turn their faces away and depart so that they will not see her when she ascends from the water.", + "What is meant by a resident alien? A gentile who makes a commitment not to worship false deities and to observe the other [six] universal laws commanded to Noah's descendants. He does not circumcise himself or immerse. We accept this commitment and he is considered one of the pious gentiles.
Why is he called a resident? Because we are permitted to allow him to dwell among us in Eretz Yisrael, as explained in Hilchot Avodah Zarah.18See Hilchot Avodat Kochavim 10:6 which states that in an era when the Jews have undisputed authority over Eretz Yisrael, they may not allow an idolater to dwell in the holy land. Only when a gentile accepts these seven universal laws is he granted this privilege. The rationale for the Rambam's ruling is derived from the prooftext he cites (Exodus 23:33 : \"They shall not dwell in your land, lest they cause you to sin against Me.\" Since gentiles may turn into a negative spiritual influence, they should be prevented from dwelling in the land. If, however, a gentile has made a commitment to the observance of these seven laws, he will not lower the moral climate of the land.
As explained by the commentaries to Hilchot Avodat Kochavim, the Rambam's opinion is not universally accepted. The Ra'avad interprets the prooftext as referring to the seven Canaanite nations alone. Never, he claims, were other gentiles prohibited from living among us.
", + "We accept resident aliens only during the era when the Jubilee year is observed.19The Jubilee must be observed only when the entire Jewish people are dwelling in Eretz Yisrael. Therefore when the tribes of Reuven and Gad, and half the tribe of Menasheh were exiled by the kingdom of Assyria (this took place approximately 150 years before the destruction of the First Temple), the laws of the Jubilee ceased to be observed according to Scriptural Law (Hilchot Shemitah ViYoval 10:8). In the present era, even if a gentile makes a commitment to observe the entire Torah with the exception of one minor point,20The Rambam's source ( Bechorot 30b) states: \"one minor point of Rabbinic Law.\" The commentaries question why the Rambam omits this point. he is not accepted.21As the Rambam states in Hilchot Avodat Kochavim, loc. cit., in the present era, we accept only full converts. Implied is that in the present era, were we to have the authority, we should prevent gentiles from living in Eretz Yisrael.
The Ra'avad differs with the Rambam concerning this point, explaining that with regard to certain matters the status of a gentile who accepts the observance of the seven mitzvot in the present age is more severe than that before the revocation of the Jubilee laws and in other matters, it is more lenient. According to his opinion, however, there is no reason why a gentile should be prohibited against living in Eretz Yisrael. In his gloss to Hilchot Avodat Kochavim, the Kessef Mishneh states that even the Rambam would agree. For since the gentile is living a moral lifestyle, there is no reason to fear that he will lead a Jew to sin. The Rambam's directive here is directed at the courts. They cannot formalize a resident alien's status in the present age.
In that vein, it must be emphasized that although the concept of a resident alien does not apply in the present age, we are obligated to teach the gentiles the seven universal laws commanded to Noah's descendants, as the Rambam states in Hilchot Melachim 8:10.
", + "When a servant is purchased from the gentiles, we do not say: \"Why did you choose to convert?\"22As we tell a prospective convert. We do not make this statement to a servant, for he is not coming to convert on his own volition. Instead, we say to him: \"Do you desire to enter the category of Jewish servants and become one of the observant of them?\" If he agrees, he is informed about the fundamentals of the faith, about some of the easy mitzvot and some of the more severe ones, and the punishments and rewards [associated with them] as we notify a convert. [Then] we immerse him23A male servant is also circumcised before conversion. It is questionable why the Rambam does not mention this point. as we immerse a convert and inform him [of the mitzvot] while he is in the water.
If he does not desire to accept [the status of a servant], we are patient with him for twelve months. Afterwards, we sell him to a gentile. It is forbidden to maintain him for a longer period.24He must be sold to the Diaspora or to a gentile (Hilchot Avadim 8:12). If at the outset, he established a condition that he would not be circumcised or immersed, but instead would be a resident alien, it is permissible to maintain him in that status.25The Rama (Yoreh De'ah 267:4) writes that in the lands where he lived (Central Europe), it was forbidden to convert a gentile to Judaism. Therefore it is taken for granted that the servant was purchased on the condition that his status not be altered. Hence, he may be maintained indefinitely as a gentile. A servant may be maintained in this status only during the era when the Jubilee is observed.", + "The only sexual relations forbidden to a gentile are: his mother, his father's wife, his maternal sister, a married woman, a male, and an animal, as will be explained in Hilchot Melachim UMilchomoteihem.26Hilchot Melachim 9:5. Other relations forbidden the Jews are permitted to them.", + "When a gentile converts or a servant is freed,27See Halachah 17 which emphasizes that even while a servant, a servant need not show concern for these prohibitions. he is like a newborn baby. Any relatives whom he had as a gentile or a servant are no longer considered his relatives. If both he and they convert, he is not obligated for relations with any of them.", + "According to Scriptural Law, a convert may marry his mother or his maternal sister after they convert. Nevertheless, our Sages forbade this so that [the converts] will not say: \"We came from a more severe level of holiness to a less severe one. Yesterday, this [relationship] was forbidden and today, it is permitted.\"28I.e., it would appear that he was bound by more severe prohibitions before conversion.
Similarly, when a convert engages in relations with his mother or his sister when they have not converted, it is considered as if he had relations with a woman with whom he was not related.", + "What is the law that applies to converts with regard to relations with their relatives. As we explained, if one was married while a gentile to his mother or his sister and they converted, we separate them as explained [above]. If he was married to any one of the other forbidden relations and he and his wife converted, they are not forced to separate.29This applies even to maternal relatives. Since they were married before, we do not force them to separate (Siftei Cohen 269:2). We do not fear that these converts will say that they entered a lower level of holiness, because there are relations - a mother and a sister - which they are forbidden. This makes it obvious that the distinction in the laws results from their change in status (Kessef Mishneh).
A convert is forbidden to marry his maternal relatives after they convert according to Rabbinic Law. He may, however, marry his paternal relatives. [This applies] even when he certainly knows that these persons are his paternal relatives,30I.e, one might say that the reason for the prohibition is that one is certain that he is related to his maternal relatives. Those reputed to be his paternal relatives, however, might in fact not be related to him at all, because the man reputed to be his father may not be his parent. For the gentiles are known to be promiscuous. This is not the reason for the leniency. Instead, the Torah does not have any conceptual of paternal lineage with regard to a gentile (Maggid Mishneh). for example, twins, in which instance it is clear that the father of one is the father of the other. Nevertheless, our Sages did not enforce a decree with regard to one's paternal relatives.
Accordingly, a convert may marry the wife of his paternal brother, the wife of his father's brother, his father's wife,31There are opinions which forbid the wife of the convert's father [Tur, Rama (Yoreh De'ah 269:3)]. The Siftei Cohen 269:4 adds that the convert should also refrain from relations with the sister of his father. and his son's wife. [This applies] even if they married his brother, his father, his father's brother, or his son after they converted.32For their conversion is of no consequence in this context. They are considered as having no family ties. Similarly, his mother's paternal sister, his paternal sister, and his daughter who converted are permitted to him. He may not, however, marry his maternal sister, his mother's maternal sister, nor a woman who married his maternal brother after he converted. If, however, a woman married his brother while he was a gentile,33But was never married to the brother according to Jewish Law. she is permitted to him.", + "When two twin brothers were not conceived in a state of holiness, but they were born in a state of holiness,34I.e., they were conceived before their mother converted and born after she converted. each are liable [for relations with the other's wife] because of the prohibition against relations with a brother's wife.35For it is considered as if the two brothers are ordinary Jews and bound by the laws that apply to members of our people. Nevertheless, they may not fulfill the mitzvah of yibbum, for they are not brothers in the complete sense [Shulchan Aruch (Yoreh De'ah 269:4)].", + "When a man marries a female convert and her daughter who converted or two maternal sisters [who converted], he should remain married to one of them and divorce the other.36This is a Rabbinic decree. According to Scriptural Law, the marriages are valid. Nevertheless, our Rabbis were stringent and forbade this union, for were the women to be native-born Jewesses, this would be forbidden. Hence, formal divorce proceedings are necessary. If he married a female convert and she died, he is permitted to marry her mother or her daughter.37In this instance, as well, were the women to be native-born Jewesses, this would be forbidden. See Siftei Cohen 269:10 which cites opinions that maintain that the Rabbinic prohibition applies after the woman's death as well. For our Sages ordained their decree only during [the woman's] lifetime.
It is permissible for a man to marry two paternal sisters who converted, for our Sages did not ordain any decrees with regard to paternal relations, as explained.38In Halachah 13. Note the contrast to the previous clause which speaks about relations with maternal sisters.", + "[Our Sages] did not ordain any decrees with regard to shniot39This term refers to relatives more distantly removed than those forbidden by Scriptural Law. Relations with them are forbidden by Rabbinic decree, as explained in Chapter 1, Halachah 8; Hilchot Ishut 1:6. Since the prohibition is a Rabbinic safeguard, our Sage's did not add a further safeguard with regard to a convert. For we do not ordain a safeguard for a safeguard. who convert. Therefore a convert may marry his maternal grandmother. Similarly, a person may marry a convert and the mother of her maternal grandmother40Our translation follows the text of the authoritative manuscripts of the Mishneh Torah. The Siftei Cohen 269:12 justifies this reading, explaining that relations with a woman's maternal grandmother (the version in the standard published text of the Mishneh Torah) is a Scriptural prohibition, not a Rabbinic safeguard. or her and the daughter of her daughter's daughter. Similar laws apply with regard to the remainder of the shniot.", + "A servant is permitted to marry his mother while he is a servant.41I.e., before he is freed. Needless to say, this applies with regard to his daughter, his sister, or the like. [Since] he has already departed from the category of gentiles,42See Chapter 12, Halachah 11. the intimate relations forbidden to the gentiles are not forbidden to him. And [since] he has not entered the category of the Jewish people, the intimate relations that are forbidden to the converts are not yet forbidden to him.", + "It appears to me43This phrase points to a conclusion deduced by the Rambam for which he has no explicit source in previous Rabbinic literature. The Ra'avad, however, considers the concept as blatantly obvious.
The Maggid Mishneh adds that he is also executed for relations with a married Jewish woman and questions why the Rambam does not mention this transgression.
that if a servant engages in homosexual or Sodomite relations, they should be executed.44The word \"executed\" is plural. Both men or the man and the animal are executed (Or Sameach). For these two prohibitions are universally applicable.", + "Servants who are freed are like converts. All of the relationships forbidden to converts are forbidden to them and all those permitted to converts are permitted to them.
A person may give his maid-servant to his own servant or to a servant belonging to his colleague. At the outset, he may give one maid-servant to two servants.45I.e., we do not enforce monogamy. Nor must they follow any restrictions. Instead, they are like animals. There is no difference whether a maid-servant is set aside for a servant or not, for there is no concept of marriage except within the Jewish people or among gentiles themselves,46See Hilchot Melachim 9:5. but not among servants themselves or between servants and the Jewish people." + ], + [ + "What is meant by the Torah's prohibition against relations with a mamzer? [The term refers to a person conceived from] a forbidden sexual relationship.1These refer to a variety of incestuous and adulterous relationships as listed in the beginning of this text. A niddah is an exception. A son conceived from such relationships is blemished,2I.e., he has a spiritual taint to his character. but is not a mamzer. When, however, a man enters into any other forbidden sexual relationships, whether through rape, or willingly, whether conscious of the prohibition or not,3The difference between whether relations were willful, forced, or inadvertent is relevant only with regard to the punishment received by the man and woman. The child born of the offspring is considered as a mamzer regardless. This law teaches us an important lesson with regard to sexual morality. The effects of our deeds on our offspring is binding, regardless of whether we repent and/or seek to refine ourselves afterwards. the offspring produced is a mamzer. Both male and female [mamzerim] are forbidden forever, as [Deuteronomy 23:3] states: \"[A mamzer shall not enter God's congregation.] Also the tenth generation...,\" i.e., [the prohibition is] everlasting.", + "When a mamzer marries a Jewish women or a Jewish man marries a female mamzer, once they enter into relations after consecration, they are punished by lashes.4As is the punishment for the violation of any Scriptural commandment. If the man consecrates the woman, but does not enter into relations, he does not receive lashes.5For the consecration alone does not involve the violation of a Scriptural commandment. If they enter into relations without consecration, they6Here the Rambam mentions both the man and the woman, for both are forbidden to engage in relations. In the former clause, he refers to the man, because the consecration is his responsibility. do not receive lashes because of relations with a mamzer.7The Rambam's wording implies that the couple do receive lashes for their relations, for they have violated the prohibition: \"There shall not be a promiscuous woman\" (Deuteronomy 23:18 which forbids relations that are not carried out for the sake of marriage (Maggid Mishneh, based on Hilchot Ishut 1:4).
The Rambam's opinion is that the prohibition against relations with a mamzer applies only within the context of marriage - depends on the prooftext cited above: \"A mamzer shall not enter the congregation of God,\" i.e., shall not marry among the Jewish people. According to the Rambam, the implication is that the prohibition must involve marriage (Rav Avraham, the son of the Rambam, as quoted in the Kessef Mishneh).
The Ra'avad, the Ramban, Rav Moshe HaCohen, and others do not agree with the Rambam's ruling and maintain that this prohibition applies even if there was no consecration. Relations alone are sufficient to establish liability. See the discussion of the issue in the Maggid Mishneh and Kessef Mishneh.
For the only instance where relations that involve a negative prohibition incur the punishment of lashes without the woman being consecrated is relations between a High Priest and a widow, as will be explained.8Chapter 17, Halachah 3.
When a man remarries his divorcee after she married another person, 9I.e., and her second husband died or divorced her. The Rambam describes the prohibition against a man remarrying his divorcee after she was consecrated by another man in Hilchot Gerushin 11:12. The Maggid Mishneh states that the Rambam feels it necessary to emphasize that the offspring of such relations are not mamzerim even though the prohibition is not punishable by kereit, because Deuteronomy 24:4, the source for the prohibition describes such relations as \"an abomination.\" That term is often used with regard to the ariot, the more severe sexual prohibitions. the offspring are acceptable. For she is not considered an ervah.", + "When a gentile or a servant enter into relations with a Jewish woman, the child is acceptable. [This applies] whether the woman is unmarried or married, whether she was raped or engaged in relations willingly.10Thus although the woman committed adultery and is forbidden to her husband, the child is not considered as a mamzer. The rationale is that we pay no attention to the seed of the gentile or the servant, as stated in Halachah 4. Halachicly, it is as if the woman conceived the child independently. When a gentile or a servant enter into relations with a female mamzer, the offspring is a mamzer.11This law is based on the same rationale. Since we pay no attention to the seed of the servant or the gentile, the child takes on the same quality as the mother. Just as she is disqualified, so, too, is he. When a mamzer enters into relations with a female gentile, the offspring is a gentile. If [the child] converts, he is fit to marry within the Jewish people like other converts.12For there is no difference between him and other gentiles. See the following halachah. If [a mamzer] enters into relations with a maid-servant, the offspring is a servant. If he is freed, the offspring is acceptable like other freed servants. He may marry a Jewish woman.", + "This is the general principle: When a child is born from a servant, a gentile, a maid-servant, or a female gentile, he is like his mother.13Whether Jewish, gentile, or a servant.
The Maggid Mishneh and Shulchan Aruch (Even HaEzer 7:17) quote views which state that if the offspring is female, she may not marry into the priesthood.
We are not concerned with the father. For this reason, [the Sages] permitted a mamzer to marry a maid-servant to purify the lineage of his descendants. For he can free them and they will be free men.14The mamzer will purchase the servant and treat her as his wife. The children she bears him will be his property and they will not be mamzerim. If he desires, he may free them, at which point, their status is the same as other converts. If, by contrast, a mamzer would marry a convert, although there is no prohibition involved, the offspring would be mamzerim (Halachah 7). [Our Sages] did not ordain a decree forbidding a maid-servant to a mamzer,15As she is forbidden to an ordinary Jewish male by Rabbinic decree (Chapter 12, Halachah 11). so that he can legitimize his sons.16There are Rabbis today who advise that this practice should be followed by mamzerim. They should meet gentile woman, have them convert as servants, and live with them.", + "When a person who is half a servant and half a freed man17E.g., a slave was owned by two partners, one of whom freed him and one did not. See Hilchot Avadim 5:4. engages in relations with a married woman, a son born of that relationship has no way of legitimizing [his marriage relationships], because the dimension of him which is a mamzer18The dimension of the father which was free causes him to have a dimension of mamzerut. For a free man who engages in relations with a married woman conceives a mamzer. and the dimension of him which is an acceptable Jew19For when a servant engages in relations with a married woman, the offspring are acceptable. are intermingled. Therefore he is forbidden to engage in relations with a maid-servant.20This is forbidden to him as to other acceptable Jews, because of the dimension of his being that shares that status.
Rashi differs with this approach and maintains that he should be permitted to engage in relations with a maid-servant. See Chelkat Mechokek 4:19, Beit Shmuel 4:28.
and his offspring share his status forever.21He may marry a convert or a freed servant, but their offspring share his status as stated in the Halachah 7.", + "When a gentile engages in relations with a maid-servant who immersed herself, the offspring are servants. When a servant who immersed himself engages in relations with a female gentile, the offspring are gentile. He is given his mother's status. When, however, a gentile engages relations with a gentile maid-servant or a gentile servant engages relations with a gentile woman, the status of the offspring follows that of the father.", + "A mamzer may marry a female convert and a female mamzer may marry a male convert, the offspring of both relationships are mamzerim.22The Beit Shmuel 4:35 emphasizes that although such marriages are permitted, there is a certain unadvisable dimension to it, for it is undesirable to increase the number of mamzerim among the Jewish people. For the status of the offspring follows that of the blemished one. [The license for such a marriage is derived from] the verse: \"[A mamzer shall not enter] God's congregation.\" The congregation of converts is not considered as \"God's congregation.\"", + "When a female convert marries a male convert and gives birth to a son, he is permitted to marry a female mamzer even though he was both conceived and born in holiness.23I.e., although he and his parents are considered as full Jews with regard to all matters, the prohibition against marrying a mamzer does not apply to him. This also applies to the son of his grandson [- or any other descendant -] until his connection with conversion is forgotten and it is not known that he [descends from] converts.24The Shulchan Aruch (Even HaEzer 4:22) quotes the Rambam's view, but also that of Rabbenu Asher which states that after ten generations a convert is forbidden to marry a female mamzer. Afterwards, he will be forbidden to marry a female mamzer. Converts and freed servants are bound by the same laws.25See Chapter 13, Halachah 11.", + "When a convert marries a native-born Jewess26Although there are some Rishonim who differ with the Rambam, the Shulchan Aruch (loc. cit.) quotes the Rambam's view. or a native-born Jew marries a convert, the son is a Jew in all contexts and is forbidden to marry a female mamzer.", + "There are three categories of mamzerim: one that is definitely a mamzer, a mamzer whose status is a matter of doubt, and a mamzer by Rabbinic decree. What is meant by one who is definitely a mamzer? The offspring of a relationship that is definitely incestuous or adulterous, as we explained.27In Halachah 1 of this chapter.
A mamzer whose status is a matter of doubt is the offspring of a relationship that we are unsure whether it is adulterous or incestuous. For example, a man engaged in relations with a woman who was consecrated, but we are unsure if the consecration was effective,28See Hilchot Ishut 4:21-22 for examples of such questionable consecrations. or who was divorced, but we are unsure whether the divorce was effective,29See Hilchot Gerushin 5:13 for examples of such questionable divorces. or a similar situation.
A mamzer by Rabbinic decree: for example, a woman who heard that her husband died and remarried and then discovered that her husband was alive. Afterwards, her [first] husband engaged in relations with her while she was still married with her second husband, the offspring is a mamzer by Rabbinic decree.30See Hilchot Gerushin 10:7 which explains this situation. Although the marriage of the second husband is not valid, for a married woman cannot be married to another man, our Sages decreed that the second marriage be considered binding with regard to this point: That a child fathered by her first husband be considered a mamzer.", + "When an unmarried woman becomes pregnant through a promiscuous relationship, we ask her: \"What is [the status of] this fetus\" or \"...this child\"? If she replies: \"It is the child of a man of acceptable lineage; I entered into relations with an Israelite,\" her word is accepted and the son is acceptable.31The Maggid Mishneh quotes an opinion that maintains that this ruling applies only after the fact. As an initial and preferred option, a native-born Jewess should not marry such a person. The Shulchan Aruch (Even HaEzer 4:26) quotes the Rambam's ruling. See also Chapter 18, Halachot 13-15.
Despite the fact that we have no existing presumption regarding the child's lineage, we rule that he or she is acceptable. The rationale is that the child has no alternative; its status depends on this ruling (Maggid Mishneh).
[This applies] even if most of the inhabitants of the city in which she engaged in relations are of unacceptable lineage.32E.g., they are mamzerim.", + "If the child's mother was not questioned until she died, or she was a deaf-mute, mute, or intellectually or emotionally unstable, we consider the child as a mamzer whose status is questionable.33For we have no way of determining the status of the father and it is possible that the father was a mamzer. [This ruling applies even] if she said: \"I engaged in relations with so-and-so, the mamzer\" or \"...with so-and-so, the netin.\"34I.e., her word is not effective in conclusively determining the child's status as a mamzer for the reason the Rambam proceeds to state. Her word is accepted in having the child deemed as legitimate, but not in having him deemed as a mamzer. See also Halachah 14 and Chapter 18, Halachah 14. Even if that person agrees with her statement, [the child's status is only doubtful. The rationale is:] Just as she engaged in relations with the person who admitted to her statement; so, too, she engaged in relations with others.35We assume that she was promiscuous with more than one person and thus we have no way of determining the identity of the child's father. Thus the presumed father has no way of knowing whether or not the child was actually his (Maggid Mishneh).
The Rambam maintains that this rule applies even when the woman does not have a reputation for promiscuity. See Chelkat Mechokek 4:25 and Beit Shmuel 4:40 which discuss this issue.

This [child] is called a shituki.36Shituki means \"one who is silenced.\" Rashi, Yevamot 37a, explains that this name is given because the child will call out for his father and his mother will silence him. He knows the identity of his mother, but does not definitely know the identity of his father.", + "Similarly, a child that is found in the marketplace - he is called an asufi37The term asufi means \"one who was gathered in,\" i.e., the child was taken in from the street. - is considered as a mamzer whose status is questionable.38Halachah 31 qualifies this ruling, stating that it applies only when it appears that the parents abandoned the child to die. If it is evident that the parents desired the child to live, e.g., they circumcised it, they gave it medical treatment, and/or placed it in a location where it was likely to be found, we assume that it was of acceptable lineage and was abandoned only because its parents were unable to provide for it. for we do not know his [lineage].", + "[The following rules apply when] an unmarried woman engages in promiscuous relations says: \"This child is the son of so-and-so.\" If that person is of acceptable lineage, the son is considered acceptable. Nevertheless, her word is not accepted for the child to be considered as the man's son.39I.e., he does not inherit the named person's property, nor is his wife freed from the obligation of chalitzah if he dies childless (Maggid Mishneh). See Hilchot Yibbum ViChalitzah 3:4 where the latter law is discussed. It appears to me, however, that we give consideration to her words and because of the doubt, that child is forbidden to marry the relatives of the [named] person.
If the [named] person is a mamzer, we do not accept her word to definitely deem the offspring as a mamzer on this basis, as we explained.40See Halachah 12. Instead, we consider the child as a mamzer whose status is questionable.", + "[Different laws apply with regard to] a father who [makes statements with regard to] a child who is presumed to be his son. If he says: \"This son of mine is a mamzer,\"41I.e., he is not my son, but born from an adulterous relationship. his word is accepted.42Note Hilchot Nachalot 4:3 which states that once a father acknowledges a child as his son, he cannot declare him as illegitimate afterwards. If the son himself has children, his word is not accepted.43For by invalidating the legitimacy of the son, he would automatically be invalidating the lineage of his offspring and the Torah did not give him that power as the Rambam continues to explain. See also Hilchot Nachalot 4:2. For the Torah accepted his word with regard to his son alone. [This is derived from Deuteronomy 21:17:] \"He will recognize the firstborn, the son of the hated.\" [Implied is that] he makes his identity known to others.44The verse speaks of a father recognizing his heirs in connection with the division of his estate. If the father states that he did not father a son that was presumed to be his, that son is thus identified as a mamzer, for he will have been conceived through adultery.", + "Just as a father's word is accepted when he says: \"This son of mine is my firstborn,\" so, too, his word is accepted if he says: \"This son of mine is a mamzer,\" or \"...the son of a divorced woman\" or \"...the son of a woman who performed chalitzah.\"45The latter two concepts are relevant with regard to the sons of priests as will be explained in Chapter 19. Similarly, if his wife was pregnant, his word is accepted if he says: \"This fetus is not my child. It is a mamzer.\" The child is definitely deemed as a mamzer.
If a person says that he himself is a mamzer, his word is accepted with regard to the prohibition against him marrying a native-born Jewess.46His statement is not accepted as testimony, for a person may not testify against himself. Nevertheless, the restrictions he placed against himself are binding. It is as if he took a vow, forbidding himself to marry a native-born Jewess (Beit Shmuel 4:53) He is, however, forbidden to marry a female mamzer47For we fear that he made these statements in order to be granted this leniency. until it is definitely known that he is a mamzer. The same laws apply to his son. If he has grandchildren, his word is not accepted with regard to the disqualification of his grandchildren. He can disqualify only himself.", + "[The following laws apply when] a woman who was consecrated48According to Jewish Law, marriage is a two-staged process involving: a) consecration, kiddushin or erusin, and b) marriage, nissuin, when the couple begin living together as man and wife. From the time of consecration onward, however, the woman is forbidden to engage in relations with other men. becomes pregnant in her father's home. The offspring is assumed to be a mamzer.49These laws differ from those applying to a married woman, as stated in Halachot 19-20. The rationale is that we do not assume that a couple that is merely consecrated share intimacy with the same degree of consistency as a married couple. Nor is a consecrated woman likely to the same degree of fidelity as a married woman. He is forbidden to marry both a native-born Jewess and a female mamzer.50He is forbidden to marry a native-born Jewess for it is possible that he is a mamzer. He is forbidden to marry a female mamzer, because it is possible that he is an acceptable Jewish male.
If his mother was questioned and said: \"I became pregnant from the man who consecrated me,\" her word is accepted and the child is considered acceptable.51As in Halachah 11. In this instance, since a bond has already been established between the couple, it is even more reasonable to accept her statements. This is speaking about a situation where the husband is not present to be questioned (Shulchan Aruch (Even HaEzer 4:27). The Rama states that the child is also considered as the presumed father's son with regard to receiving a share in the inheritance. If, however, that man contravenes her and says: \"I never engaged in relations with her,\" the child is considered a mamzer. For even if the child was assumed to be his son, his word is accepted if he says: \"My son is a mamzer.\"52As stated in Halachah 15. In contrast to a situation where the presumed father could not be asked, this child is definitely a mamzer and is forbidden to marry a native-born Jew or Jewess (ibid.).
[Even in the latter situation,] the woman is not assumed to be a zonah.53The term literally means \"promiscuous woman,\" but has a specific halachic meaning, as the Rambam states in Chapter 18, Halachah 1: \"A woman who entered into relations with a man who she is forbidden to marry.\" After consecration, every man would be prohibited to this woman.
The Torah gave the husband the right to determine his son's status. He does not, however, have the right to determine that of the woman (Ketubot 13a).
Instead, her word is accepted if she says: \"I engaged in relations with the man who consecrated me.\" [Since] she is not a zonah, if she married a priest,54After her first husband died. she need not be divorced55Nevertheless, since the man who consecrated her contradicts her statements, the initial and preferred option is for her not to marry a priest (Beit Shmuel 4:47). Similarly, if the person who consecrated her is a priest, he is forbidden to marry her. and offspring which she bears him are acceptable [as priests].56If the woman had been forbidden to the priesthood, her offspring would not be considered priests, as stated in Chapter 19.", + "If people at large gossip about her while she is consecrated, [saying that] she was promiscuous with the man to whom she was consecrated and with others, the child is a mamzer whose status is questionable.57This is speaking about an instance when we cannot clarify the child's status by asking the mother. [This applies] even if the man to whom she was consecrated was intimate with her in her father's home. For just as she acted loosely with the man to whom she was consecrated, she could have acted loosely with others. If she was questioned and said: \"This fetus was conceived by the man to whom I am consecrated,\" the child is acceptable as explained [above].", + "When a married woman58We have translated the term according to the prevalent understanding of the Rambam's ruling. Note, however, the Rama (Even HaEzer 4:29) who questions whether these laws also apply with regard to a woman who was only consecrated. is pregnant and says: \"This fetus is not my husband's,\" her word is not accepted to render the child illegitimate. [Instead,] we assume that the child is acceptable. For the Torah accepted only the word of the father. If the father says that it is not his son or he is overseas,59And thus could not have fathered the child. we assume that the son is a mamzer.60The Beit Shmuel 4:52 interprets the Rambam's words as meaning \"the child is a mamzer of questionable status,\" for the possibility exists that he was conceived by a gentile.
If the woman said: \"I was impregnated by a gentile,\" or \"...by a servant,\" the child is acceptable.61As indicated by Halachah 11, the woman's word is accepted with regard to defining the legitimacy of her child's lineage. For the husband cannot deny her words.62He does not know with how many people and with whom she was promiscuous. A fetus will not remain in its mother's womb for more than twelve months.63Although a full-term pregnancy is nine months, our Sages spoke of the possibility of a woman carrying a baby for twelve months. Although this is abnormal, when a man left his home between nine and twelve months before a child was born, they desired to consider that possibility rather than deem the child as a mamzer. See Yevamot 80b.
Rama (Even HaEzer 4:14) states that the above leniency is granted only when we do not see moral lapses in the woman's conduct. If, however, she conducts herself in an unbecoming manner, we suspect the child's lineage.
", + "Although there is a rumor circulating to the fact that a woman has committed adultery and everyone is gossiping about her, we do not suspect that her children are mamzerim. [The rationale is that] the person who most frequently has relations with her is her husband. It is permitted to marry her daughter, even as an initial and preferred option.64Rashi (Yevamot 27b) states that one should marry the offspring only when there is no other alternative. With regard to her own status, we suspect that she is a zonah.65And hence may not marry a priest. Even an Israelite should refrain from marrying such a woman (Maggid Mishneh). After the fact, if she marries a priest, we do not require a divorce (Beit Shmuel 4:24). If her conduct was very lewd, we also suspect the lineage of her children.66Sotah 27b raises this question, but leaves the matter unresolved. Accordingly, it is appropriate to be stringent (Maggid Mishneh).", + "According to Scriptural Law, a person suspected of being a mamzer is permitted to marry among the Jewish people.67According to the Rambam, the general principle is that according to Scriptural Law, whenever there is a doubt whether an act is forbidden, there is no prohibition. Our Rabbis, however, decreed that when there is a doubt with regard to a Scriptural prohibition, we are stringent. Others differ and maintain that according to Scriptural Law, if there is a doubt concerning a prohibition, it must be observed. There is a special leniency, stemming from a verse from the Torah, when a doubt arises whether a person is a mamzer or not. See Chapter 18, Halachah 17. [Deuteronomy 23:3] states: \"A mamzer shall not enter God's congregation.\" [Implied is that] one who is definitively a mamzer may not marry among the Jewish people, not one whose status is questionable. Nevertheless, our Sages raised the level [of purity required] with regard to lineage and forbade those of questionable status from marrying among the Jewish people.
Accordingly, a male and a female who are definitely mamzerim may marry. A mamzer whose status is a matter of doubt,68See Halachah 10. a shituki,69See Halachah 12. or an asufi70See Halachah 13. are forbidden to marry native-born Jewesses.", + "[A man of the latter status] is forbidden to marry a female mamzer. Even a female mamzer whose status is questionable is forbidden to him. For perhaps one of them is not a mamzer, but the other is definitely a mamzer. A mamzer by Rabbinic decree may marry a female mamzer by Rabbinic decree.71For there is no Scriptural prohibition involved. Similarly, in any other instances [where a person is forbidden to marry] because of a doubt, one person of this status may not marry another.72As the Rambam continues to explain in the following halachah.", + "What is implied? Shitukim, asufim, and those whose status as mamzerim is indefinite are forbidden to marry each other. If they married, the union may not be maintained. Instead, they must divorce with a formal bill of divorce.73For the marriage, though forbidden, is binding according to Jewish Law. The offspring of such relationships are [mamzerim of] indefinite status like their parents.
Individuals of indefinite status like this have no option except to marry converts.74As stated in Halachah 7. The status of their offspring follows their blemish.", + "What is implied? When a shituki or an asufi marries a female convert or a freed maid-servant, a convert, or a freed servant marries a female shituki or asufi, the offspring are shitukim or asufim.", + "When an asufi is found in a city inhabited by gentiles, whether the majority are gentiles or the majority are Jews, the child is considered as a gentile of indefinite status with regard to his lineage.75We treat him as neither a Jew nor a gentile as the Rambam continues to illustrate. The Maggid Mishneh explains that the ruling follows the principle: Whenever a doubt arises and the permitted and the forbidden entities are fixed, we do not follow the majority, but instead, consider the situation as equally balanced. If he consecrates a woman, she needs a bill of divorce because of the doubt.76I.e., the couple are not allowed to remain married for perhaps he is a gentile, but a formal divorce is necessary, for perhaps he is a Jew and the consecration is binding. If someone kills him, he is not executed for doing so.77For perhaps he is a gentile.", + "If the court had him immersed for the sake of conversion78As is the law which applies with regard to any child convert (Chapter 13, Halachah 7). or he immersed on his own initiative after he attained majority, his status is the same as any asufi that is found in Jewish cities.79He is bound by the restrictions applying to a mamzer whose status is doubtful despite the possibility that they might not apply because he is a convert.
The Ra'avad rules that in such a situation, he is considered as any other convert and allowed to marry a native-born Jewesses The Maggid Mishneh explains the rationale for the Ra'avad's position, stating that there is a multiple doubt involved: Maybe he is not of Jewish origin, and if he is of Jewish origin, maybe he is not a mamzer. Moreover, the entire prohibition against an asufi is Rabbinic in origin. (For according to Scriptural Law, only a mamzer whose status is definite is forbidden). The Shulchan Aruch (Even HaEzer 4:33) quotes the Rambam's view. The Chelkat Mechokek 4:31 questions why the Ra'avad's view is not cited, but the Beit Shmuel 4:54 explains that according to the Rambam, with regard to questions of lineage, we are stringent even in such situations.

If the majority of the inhabitants of the city are gentile, it is permitted to feed him meat from animals that were not ritually slaughtered.80This and the following laws apply when the person did not convert (Maggid Mishneh). For the principle that we consider the populations as equally balanced applies only with regard to questions of lineage. If the majority were Jewish, we return his lost articles as is the law with regard to Jews. If the populations are equally balanced,81The Kessef Mishneh notes that Ketubot 15b, the source for the Rambam's ruling, could be interpreted as making such a statement only in a situation where the majority of the inhabitants are Jewish. He, however, offers an interpretation of the passage which conforms to the Rambam's ruling. it is a mitzvah to maintain his life82I.e., we must support him in situations of need. and we remove an avalanche from him on the Sabbath.83To save his life even though doing so involves violation of the Sabbath laws.
The Maggid Mishneh cites opinions which maintain that this ruling applies even if the majority of the inhabitants are gentiles. For when a question of life and death is involved, we do not require a majority. See Hilchot Shabbat 2:20-21 and notes for an explanation of the matter.
With regard to damages, we follow the same principle that applies in all cases of doubt in financial law: When a person who seeks to expropriate [money] from a colleague, the burden of proof is upon him.84There are certain situations where the laws applying to gentiles are more severe than those applying to a Jew. For example, if an ox belonging to a gentile that is not known to gore does in fact gore an ox belonging to a Jew, the gentile is required to pay full damages. A Jew, by contrast, would be required to pay only partial damages. If such a situation would arise with regard to a person whose identity is in doubt, he could tell the plaintiff: \"If you prove I am not a Jew, I will pay full damages.\"", + "It appears to me that whenever there is a gentile woman or a maid-servant who is fit to give birth in a city, since an asufi that is discovered there is considered to possibly have the status of a gentile or a servant, if he marries a female convert as we stated,85Halachah 23. I.e., if he marries without undergoing conversion (Chelkat Mechokek 4:36). there is a doubt whether his wife is a married woman.86For perhaps he is a gentile or a servant. Just as he could have been born by a Jewish mother, he could have been born by one of these. We do not consider the degree of probability involved. One who enters into relations with her is not liable, because we do not execute individuals when there is a doubt involved.87Needless to say, such relations are forbidden. The Rambam is emphasizing that punishment is not meted out. Because punishment is not given unless we are certain there is a prohibition involved.
The Ra'avad differs with the Rambam's view and maintains that even with regard to capital punishment, we follow the probability. Hence if the majority of the inhabitants of the city are Jewish, we assume that the asufi is Jewish and his consecration of the woman is binding. The Maggid Mishneh justifies the Rambam's ruling, explaining that in all instances, the asufi is not considered as definitely Jewish.

Similarly, it appears to me that when a shituki marries a woman who could be forbidden to him as an ervah,88A woman who could be a close relative with whom relations are forbidden. See the following halachah. there is a doubt whether she is a married woman, for consecration is not effective with regard to the ariot.", + "What is meant by \"a woman who could be forbidden to him as an ervah\"? Any woman whose father or brother was alive when his mother became pregnant89For perhaps the woman he marries is his sister (since he does not know the identity of his father, it is possible that her father was also his father) or the sister of his father. or any woman who was divorced or widowed. For it is possible that she is his father's wife or the wife of his father's brother.90I.e., before she was divorced or widowed her husband (or her husband's brother) fathered the shituki.", + "What is the source on which I rely to say that a shituki or an asufi are not forbidden to marry any woman who could be forbidden to him as an ervah?91The license the Rambam speaks about applies according to Scriptural Law. According to Rabbinic Law, a shituki is forbidden to marry a native-born Jew or Jewess (Halachot 21-23). For an acceptable child whose mother was questioned92See Halachah 11. is not forbidden to marry any woman who could be forbidden to him as an ervah. And it is written in the Torah [Leviticus 19:29]: \"Do not desecrate your daughter to have her act promiscuously.\" [Commenting on this verse,] our Sages state:93Yevamot 37b. The verse refers to a situation where a father allows his daughter to act promiscuously and thus it will not be known who is the father of her child. If this would happen in numerous instances, there would be many children who did not know the identity of their fathers and it would be possible for a brother to marry his sister. If this would happen, a father will marry his daughter and a brother will marry his sister.
If the law was that anyone who does not definitely know the identity of his father would be forbidden to marry any woman who could be forbidden to him as an ervah, this situation could not arise and the earth would never become filled with incestuous relations.94For if a man who did not know the identity of his father were restricted in the above manner, there would be no room for our Sages' concern, for he would be prohibited against marrying any woman whose ties could in any way be incestuous. From this,95I.e., from the fact that our Sages did not enforce such a restriction. we learn that we do not forbid ariot and consider them as relatives because of the doubt unless we definitely know that she is forbidden to him as an ervah. For were we to say this, all of the orphans in the world who did not know their fathers would be forbidden to marry in all situations lest they encounter a forbidden relationship.", + "When a child was abandoned on the road and afterwards,96Before the child was brought home. one came and said: \"He is my son and I abandoned him,\" his word is accepted. Similarly, the mother's word is accepted. If the child was taken in from the marketplace and afterwards, his father and mother came and said: \"This is our son,\" their word is not accepted. [The rationale is that] he has already been categorized as an asufi.
In the years of famine, their word is accepted. It is because of the famine that they abandoned him, for they desire that others sustain them. Therefore they remained silent until the child was gathered in.", + "If the child was found circumcised, bundled, salted,97It was customary in the Talmudic era to apply salt to newborn babies to strengthen their limbs. blue eye-paint98This substance was used in the Talmudic era for both medicinal and cosmetic purposes. was applied to his eyes, an amulet was placed around his neck,99I.e., the mystical writing in the amulet was intended to protect the child. it was placed under a interwoven tree that a wild beast could not enter and was close to the city, or it was found in a synagogue near the public domain or at the side of the public domain, the laws pertaining to an asufi do not apply. Since [the parents] are protecting the child so that it does not die, we can assume that it is acceptable.100We assume that a mother may want to abandon a child who is a mamzer so that it will die and there will be no sign of her sin. If, however, she and/or the father performed acts which indicate that they desired the child to live - even though they did not desire to care for it themselves - we assume that the child was of legitimate origin.
If, however, it is abandoned in the midst of the road or far away from a city, even under a tree, or in a synagogue, or it is found hanging in a place accessible by a wild beast,101I.e., in a place where it would most likely die or be killed. it is considered as an asufi.", + "A mid-wife's word is accepted if she states: \"This child is a priest,\" \"...a Levite,\" \"...a netin,\"102See Chapter 12, Halachot 22-23. or \"...a mamzer,\" because the child's lineage has not been established and is not known.
When does the above apply? When her faithfulness has been established and an objection is not raised against her. If, however, an objection was raised against her and one person said: \"She is testifying falsely,\" her word is not accepted.103The Beit Shmuel 4:60 explains that generally, the protest of one witness is not accepted against testimony which was previously accepted. In this instance, however, the child's identity is not known at all and there is no existing presumption regarding his status. Hence the protest cancels out the original testimony. The child is considered as acceptable,104Even though the midwidfe said that he was a mamzer. but is not considered as [a priest or Levite].105If the midwife said he was of this lineage.", + "It is a clear matter that a shituki is forbidden to marry a shituki and an asufi is forbidden to marry an asufi, because their status is doubtful.106I.e., it is possible that one of them will be acceptable and one illegitimate. Nevertheless, even mamzerim of a definite status and netinim may intermarry. The offspring is a mamzer.107For the child takes on the blemished identity, as stated in Halachah 7. A shituki or an asufi are permitted to marry netinim and other converts. The offspring is considered as [a mamzer] of doubtful status." + ], + [ + "A man with maimed testicles or a severed member who married a native-born Jewess and engaged in sexual relations1As explained in Chapter 15, Halachah 2, all of the prohibitions against sexual relations that involve the violation of a negative commandment alone involve a situation where the woman has been consecrated. As mentioned in the notes to that halachah, there are other authorities who differ with the Rambam on this matter. is punished by lashes, as [Deuteronomy 23:2] states: \"A person with maimed testicles or a severed member may not enter the congregation of God.\"
Such a man may marry a female convert or a freed maid-servant. Even a priest with maimed testicles may marry a female convert or a freed maid-servant, because the holiness [of the priesthood] does not rest upon him. He is permitted to marry even a female netin2See Chapter 12, Halachot 22-23. or a woman whose status is in doubt.", + "Since a man with a maimed organ is forbidden to marry among the Jewish people, [our Sages] did not decree against his marrying a female netin or a woman whose status is in doubt.3To anyone other than a halachic authority, the Rambam's ruling appears problematic: A woman whose status is in doubt is either a female mamzer or an acceptable native-born Jewess. In either case, this man would be forbidden to marry her. Why then is he permitted when her status is not clarified?
Halachically, however, Kiddushin 73a interprets the phrase \"He shall not enter God's congregation,\" as forbidding one from marrying only a person whose lineage is definite. The Rambam maintains that even the Sages did not enforce a decree in this instance. (See Beit Shmuel 5:2.)
A man with maimed testicles or a severed member is, however, forbidden to [marry] a female mamzer4The Rambam's position is that although having a maimed organ disqualifies a priest from the holiness of the priesthood, it does not disqualify an Israelite from the holiness with which he is endowed. The Ra'avad differs with this ruling and states that a man with a maimed organ may marry a female mamzer. The Maggid Mishneh mentions other authorities who follow both of these views. The Shulchan Aruch (Even HaEzer 5:1) follows the position of the Rambam, while the Rama mentions the other view. whose status is definite, because this prohibition is of Scriptural origin.", + "What is meant by maimed testicles? Anyone whose testicles have been wounded. What is meant by a severed member? Anyone whose shaft has been cut off.
There are three organs to which wounds can disqualify a male: the shaft, the testicles, and the tract in which the semen develops. If one of these three was wounded or crushed, the man is disqualifed.5In his Commentary to the Mishnah (Yevamot 8:2), the Rambam states that any difficulty which renders a man sterile according to medical knowledge disqualifies him from marriage.", + "What is implied? If the shaft is wounded, crushed, or cut off from the corona or above the corona,6I.e., any portion of the shaft between the corona and the body that is cut off disqualifies the person. he is disqualified. If a portion at the top of the corona is cut off, but even a hairsbreadth [of the corona] remains which surrounds the entire shaft, he is acceptable. If the shaft was cut like a pen is sharpened or like a funnel above the corona,7I.e., any portion of the shaft between the corona and the body that is cut off disqualifies the person. he is acceptable.8Rashi (Yevamot 75b) differs and disqualifies such a person. The Shulchan Aruch (Even HaEzer 5:3) quotes both views without stating which should be followed.", + "If the shaft is perforated below the corona, he is acceptable. [The following rules apply if] the corona itself is perforated. If when the person ejaculates, semen emerges from the hole, he is unacceptable. If the hole becomes closed, he returns to acceptable status. If the shaft is perforated below the corona when the portion above is in the midst of corona, he is disqualified. For the entire corona must be intact [for the person to be acceptable].", + "If the seminal tract becomes obstructed and the semen emerges from the urinary tract, he is unacceptable.", + "If both or one of the testicles9The Rama (Even HaEzer 5:7) states that there are authorities who do not disqualify a person if one testicle is intact. He states, however, that since a Scriptural prohibition is involved, it is preferable to follow the more stringent view. were severed, wounded, or crushed or one was lacking or pierced by a hole, he is unacceptable. If both or one of the seminal tracts are severed, crushed, or wounded, he is unacceptable.", + "If one of the seminal tracts was perforated into the urinary tract and the person urinates from two sources - the seminal tract and the urinary tract - he is acceptable.10For this difficulty will not prevent him from conceiving a child.", + "Whenever we have used the term \"unacceptable\" in this context, the implication is that [the malady] was not caused by the hand of heaven, e.g., [his testicles] were severed by a man or a dog, he was struck by a sharp end, or the like. If, however, he was born with maimed testicles or a severed member, or without testicles, he became ill because of a bodily ailment and these organs ceased to function, or an ulcer arose in them that caused them to waste away or be severed,11Rabbenu Asher differs with regard to the latter two instances and does not consider illness and the like as \"by the hand of heaven.\" Shulchan Aruch (Even HaEzer 5:10) quotes both views without stating which one should be followed. [See also Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Yevamot 8:2) which discuss whether or not this ruling involved a change of mind for the Rambam.] he is permitted to marry among the Jewish people. For all of these blemishes are caused by the hand of heaven.", + "It is forbidden to destroy a male's reproductive organs. This applies to humans and also to animals, beasts, and fowl, both from a kosher species and from a non-kosher species, in Eretz Yisrael and in the Diaspora. Although [Leviticus 22:24] states: \"And you shall not do this in your land,\"12Which could be understood as implying that the prohibition applies only in Eretz Yisrael. According to the Oral Tradition,13Sifra to the above verse. we learned that this [prohibition] is applicable in every place. The verse teaches that one should not act in this manner among the Jewish people, not with their own bodies, nor with the bodies of others.
Whoever castrates [a person or an animal] should be lashed14The punishment given for the violation of a Scriptural commandment. according to Scriptural Law everywhere. Even a person who castrates a person who has been castrated should be lashed.", + "What is implied? One came and severed a person's member, another cut off or pulled away his testicles and a third cut his seminal tract; all receive lashes. Similarly, if one crushed a person's member, another pulled it away, and a third cut it off, all receive lashes. [This applies] although the last person castrated a person - or an animal, beast, or fowl - who had already been castrated.
A person who castrates a female - whether a human or other species - is not liable.15The Maggid Mishneh and the Shulchan Aruch (Even HaEzer 5:11 interpret the Rambam's statements as meaning that although there is a prohibition against doing so, lashes are not given.", + "It is forbidden to have a man or a male of another species drink a potion that causes him to lose his sexual potency. Lashes are not given, however. A woman is permitted to drink a potion to cause her to lose her sexual potency so that she will not conceive.16This ruling serves as the basis for contemporary Rabbis to permit women to take oral contraceptives.
If a person bound a man and set a dog or other animal upon him until his sexual organs were maimed or he made him sit in water or snow until his sexual organs lost their potency, he is not given lashes unless he castrates him by hand. It is, however, fitting to subject him to stripes for rebellious conduct.17The punishment given for violating a Rabbinic commandment.", + "It is forbidden to tell a gentile to castrate one of our animals. If the gentile took the animal and castrated it on his own initiative, it is permitted.18As long as the gentile acted on his own initiative, the Jew is not obligated to suffer a loss. If a Jew acts deceitfully in this context,19I.e., encouraging a gentile to castrate the animal without actually telling him to do so. he should be punished and required to sell the animal to another Jew. He may [sell it] to his son who is past majority, but not to his son who is below majority, nor may he give it to him.20For a son below majority is not considered as having an independent financial domain. See the Rama (Even HaEzer 5:14) who mentions more particulars concerning this issue." + ], + [ + "There are three women who are forbidden to all priests [by Scriptural Law]: a divorcee, a zonah,1This term is defined in depth in the following chapter. and a challalah.2This term is defined in Chapter 19. There are four [forbidden to] a High Priest. These three and a widow.
Bound by [the prohibitions applying to a High Priest] are one anointed with the oil of anointment3As was the practice until the later years of the First Temple. or one who assumed his position by wearing the additional garments,4I.e., in the later years of the First Temple, the oil of anointment was entombed together with the Holy Ark. From that time onward, the High Priests assumed their position by wearing the eight garments of the High Priest. [See the Rambam's Commentary to the Mishnah (Megilah 1:9).] one serving in that capacity, a High Priest who was appointed and then removed from the office, and a priest anointed to lead a war.5See Hilchot Melachim 7:1 which states:
In both a milchemet mitzvah (a war that it is a mitzvah to wage) and a milchemet hareshut (a war that we have license to wage), a priest is appointed to address the nation before the battle. He is anointed with the oil of anointment and is called, the meshuach milchamah.
Although this individual is not a High Priest with regard to the Temple service, since he was anointed, certain of the dimensions of the High Priesthood are incumbent upon him.
All of these are commanded [to marry] a virgin and are forbidden to marry a widow.6I.e., a High Priest - and the others mentioned - are bound by a positive commandment to marry a virgin and a negative commandment to marry a widow.", + "Any priest who marries7The Rambam's wording is somewhat inexact. For the prohibition applies even if the priest merely consecrated the woman and entered into relations with her. Marriage (nissuin) is not required (Kiddushin 78a). one of these three women - whether a High Priest or an ordinary priest - and engages in relations is punished by lashes. If he enters into promiscuous relations with her, he does not receive lashes for [violating the prohibitions against] a zonah, a divorcee, and a challalah.8He does, however, receive lashes for violating the prohibition against promiscuous relations, as the Rambam states in Hilchot Ishut 1:4). [This is derived from the fact that Leviticus 21:7 states the prohibition using the term:] \"They shall not take.\" [Implied is that the prohibition does not apply] unless he takes - marries - [the woman] and enters into relations with her.9According to the Rambam's understanding of Kiddushin 78a,b for the prohibition to apply both marriage and intimate relations are necessary. If the priest performs one of these acts without the other, the Scriptural prohibition does not apply. The Ra'avad takes issue with the Rambam and maintains that the prohibition applies even when consecration is not involved.", + "When, by contrast, a High Priest enters into relations with a widow, he receives lashes even though he did not consecrate her. [This is derived from ibid.:15 which states]: \"And he shall not desecrate....\" As soon as he engages in relations with her, he desecrates her and disqualifies her from the priesthood.10According to the literal meaning of the verse, the object of the verb \"desecrate\" is \"his offspring.\" If a priest enters into a relationship with one of these women, his offspring are challalim, \"desecrated,\" and are not considered as members of the priestly family. Nevertheless, Kiddushin, loc. cit., interprets the phrase non-literally, explaining that the verb refers to the woman. By entering into relations with the priest, she becomes \"desecrated\" from the priesthood, i.e., forbidden to marry a priest. Moreover, the fact that the prohibition against a High Priest entering into relations with a widow mentions that term implies that causing the woman to be placed in such a status is prohibited. Since she is given that status even if the relations are held outside of marriage, marriage is not a fundamental element of the prohibition. A zonah, challalah, and divorcee, by contrast, are disqualified from the priesthood before one enters into relations with them.11As stated in Halachah 1. Therefore a High Priest alone receives lashes for merely entering into relations with a widow even though she was not consecrated. For he desecrates her and he is warned against desecrating people of acceptable lineage, [other] women and his offspring.", + "When a High Priest consecrates a widow and enters into relations with her, he receives two sets of lashes: one because of the prohibition: \"He shall not take a widow,\" and one because of the prohibition: \"He shall not desecrate.\" Whether a High Priest or an ordinary priest marries one of these four, but does not engage in relations, he does not receive lashes.", + "Whenever [the priest] receives lashes, the woman [with whom he engages in relations] is given lashes.12For the prohibition against these relations involve the woman as well as the man. See Keritot 10b, Yevamot 84b. Whenever he does not receive lashes, she does not receive lashes. For there is no difference between a man and a woman with regard to punishments with the exception of a designated maidservant as explained.13Chapter 3, Halachah 14.", + "Any priest - whether a High Priest or an ordinary priest - who enters into relations with a gentile woman receives lashes for relations with a zonah.14See Chapter 18, Halachah 1. [There is a difference between her and a Jewish woman,]15In which instance, the prohibition applies only if she was consecrated (Halachah 2). because she cannot be consecrated. He is forbidden to enter into relations with any zonah, whether a Jewess or a gentile.", + "A woman who has undergone the rite of chalitzah (a chalutzah)16When a man dies childless, his widow is required to marry her deceased husband's brother in the rite called yibbum. She is forbidden to marry anyone else. If he does not desire to marry her, he must release her through the ritual called chalitzah. See Deuteronomy, ch. 25, Hilchot Yibbum ViChalitzah. is forbidden to a priest according to the Rabbinic tradition, for she resembles a divorcee.17Just as a divorcee is released from her connection to her husband through a get, a childless widow is released from her obligation to her brother-in-law through chalitzah. [If he engages in relations with such a woman,] he is given \"stripes for rebellious conduct.\"18The punishment given for the violation of a Rabbinic commandment.
When a priest marries a woman whose status as a chalutzah is doubtful,19E.g., her brother-in-law performed the chalitzah rite, it was, however, questionable if he was obligated to do so or not, or if he was in fact her brother-in-law or not. he is not compelled to divorce her.20If, however, she was definitely a chalutzah, we would compel him to divorce. For a person should be compelled to observe a Rabbinic prohibition. Similarly, before he marries her, he should be prevented from doing so. Since there is a possibility that a Rabbinic prohibition is involved, we should prevent him from risking its violation. If, however, the couple are already married, we follow the principle \"When there is a question of a Rabbinic prohibition involved, we rule leniently.\" She is acceptable21I.e., she is not considered as a challalah, a woman who entered into forbidden relations with a priest. and her child is acceptable.22I.e., he or she is not considered as a challah. For our Sages did not decree against a woman whose status as a chalutzah is doubtful, only against one who is definitely in that category. When it is questionable if a woman is a divorcee,23A woman was divorced in a manner whether it was questionable whether the divorce was effective or not and afterwards, here husband died. a widow,24As related in Halachah 12, this applies to a situation in which there is a question whether a man consecrated a woman in an effective manner or not and then dies. Hence, there is a question whether she is a widow. a zonah,25See Chapter 18, Halachah 12. or a challalah,26The offspring of a priest who had relations with a woman concerning whom a doubt existed whether she was forbidden to him or not (Chapter 19, Halachah 9). [a priest who marries her] is given \"stripes for rebellious conduct\" and required to divorce her with a get.27He is required to divorce her, based on the principle \"When a doubt concerning a Scriptural prohibition is involved, we take the more stringent view\" (Maggid Mishneh). In this instance, since there is a possibility that a Scriptural prohibition is involved in the marriage to each of these women, we rule stringently and require a divorce. A get is required, for even if there is a prohibition involved - and certainly if there is no prohibition involved - the consecration is binding. For the woman to be able to remarry, she must be divorced.", + "There is a major general principle that applies with regard to all of the Torah's prohibitions. One prohibition does not take effect when another prohibition is in effect unless:
a) both of the prohibitions take effect at the same time;28Hilchot Ma'achalot Assurot 5:5 gives an example of this concept. When a person rips a limb from a living animal which causes the animal to become trefe, he is considered to have transgressed two prohibitions: the prohibition against eating flesh from a living animal and the prohibition against partaking of an animal that is trefe, for both prohibitions take effect at the same time.
b) the latter prohibition forbids additional entities besides [the entity that was originally] prohibited;29This concept is exemplified in the following two halachot. See also Hilchot Ma'achalot Assurot 7:2.
c) when the scope of the [latter] prohibition encompasses other entities together with [the entity that was originally] prohibited.30This principle is exemplified by Hilchot Ma'achalot Assurot 8:6 which relates that a person who partakes of a gid hanesheh, a sciatic nerve, of an animal which is trefe is liable for two transgressions. Since when the animal became trefe, its entire body became encompassed in the prohibition, that prohibition also encompasses the gid even though it was prohibited beforehand.", + "Accordingly,31I.e., on the basis of the principle that a prohibition that includes additional factors takes effect. When a woman was a widow and then she became a divorcee,32I.e., her second husband divorced her. and then she became a challalah,33By having relations with a priest. and then she became a zonah,34By engaging in relations with a person whom she is forbidden to marry. should a High Priest engage in relations with her afterwards, he receives four sets of lashes for engaging in relations once. For a widow is forbidden to a High Priest, but permitted to an ordinary priest.", + "When she becomes a divorcee, she becomes forbidden by an additional prohibition [for] she is also forbidden to an ordinary priest. Therefore, [even for the High Priest,] another prohibition aside from that against relations with a widow is added to her. She is, nevertheless, still permitted to partake of terumah.35I.e., if her father was a priest, after her marriages, she returns to his home and may partake of terumah. Alternatively, if her second husband was an ordinary priest and she gave birth to a child, she may partake of terumah because of her child. If she becomes a challalah, another prohibition is added to her, for she is forbidden to partake of terumah. She is, nevertheless, still permitted to marry an Israelite.
If she becomes a zonah, another prohibition is added to her, since there is a type of promiscuous relations that would cause her to be forbidden to an Israelite, e.g., a married woman engaged in adultery voluntarily.
The same principle applies36I.e., the priest is liable for additional sets of lashes. to an ordinary priest who engaged in relations with a divorcee who became a challalah and then a zonah. He receives three sets of lashes for engaging in relations once. If this order is altered,37I.e., she becomes a zonah first. If other prohibitions precede her becoming a zonah, she receives the appropriate number of lashes (Maggid Mishneh). she only receives one set of lashes.38For the other prohibitions would not add anything once she becomes forbidden in this manner.", + "When a woman is widowed from several men or divorced from several men, [a High Priest or a priest] receive only one set of lashes for each time they engage in relations.39The fact the she was widowed or divorced several times does not increase the number of prohibitions involved. A woman is forbidden as a widow whether she was widowed after [only] consecration or after marriage.", + "When the brother of a High Priest dies, even if the deceased had [merely] consecrated his wife,40And thus she is still a virgin and fit to marry a High Priest. [the High Priest] should not perform the rite of yibbum. Instead, he should perform chalitzah.41In Hilchot Yibbum ViChalitzah 6:10, the Rambam states that the woman must perform chalitzah, because were her yevam to perform yibbum, he would acquire her as his wife. Moreover, according to law, he should perform yibbum, because whenever the observance of a positive commandment conflicts with the observance of a negative commandment, the positive commandment takes precedence. Nevertheless, our Sages forbade yibbum lest he engage in relations with her a second time. In such an instance, relations with her are forbidden and there is no mitzvah. For the positive commandment of yibbum applies only the first time the couple engage in relations.
If a woman became his yevamah while he was an ordinary priest and he was then appointed as the High Priest, he should not perform yibbum once he has been appointed.42For the reason mentioned in the previous note. [This applies] even if he already gave his word43The Hebrew term the Rambam uses maamar has a specific halachic meaning. As explained in Hilchot Yibbum ViChalitzah 2:1, although according to Scriptural Law, the yibbum relationship is established through intimate relations, our Sages ordained that before engaging in relations, a yevam declare his intent to his yevamah. They equated this declaration with consecration. [that he would marry] her while he was an ordinary priest.44For a maamar does not establish a relationship. If, however, he consecrated a widow and was then appointed as a High Priest, he should marry her.45Because she is already his wife.
If she was consecrated, but the status of the consecration was questionable and then the person who consecrated her died, she is considered a widow of questionable status.46And because of the doubt, she is forbidden to a High Priest.", + "It is a positive commandment for a High Priest to marry a virgin maiden.47The term \"maiden\" refers to a girl between the age of twelve and twelve and a half who has manifested signs of physical maturity (Hilchot Ishut 2:1). When she reaches the age of maturity,48Twelve and a half. This is the meaning of the term throughout this chapter. she becomes forbidden to him,49Since he must marry a virgin, he is forbidden to marry anyone other than a virgin. Even if he consecrated the woman beforehand, if he has not married her and she attains maturity after he is appointed as a High Priest, he may not marry her as stated in Halachah 17. as [Leviticus 21:13] states: \"He shall marry a virgin woman.\" \"Woman\" implies that she is not a minor. \"Virgin\" implies that she has not reached maturity. What is implied? She has departed from the category of a minor, but has not fully reached maturity, i.e., a maiden. He may never be married to two women at the same time.50As stated in Hilchot K'lei HaMikdash 5:10, a High Priest may not have two wives while he is performing the Yom Kippur services. Here the Rambam is stating that the prohibition applies not only on Yom Kippur, but throughout the year.
The Ra'avad notes that II Chronicles 24:3 speaks of Yehoyeda the High Priest and the marriage of two women, seemingly contradicting the Rambam's ruling. The Ra'avad interprets the verse as stating that Yehoyeda married the women himself. (Similarly, Rav Moshe HaCohen and others question the Rambam's ruling.) Rambam LeAm, however, advances the interpretation that the verse is stating that Yehoyeda had Yoash marry the women.
[This is derived from the singular form of the term] \"woman,\" i.e., one, but not two.", + "A High Priest may not marry a woman who has lost her virginity even if she never engaged in relations.51I.e., she lost her virginity through an accident of some sorts. If she engaged in anal intercourse, it is as if she engaged in vaginal intercourse.52And she is forbidden to a High Priest. If she engaged in [anal]53This addition is necessary, for if she lost her virginity through relations with an animal, she is disqualified (Meiri). intercourse with an animal, she is permitted.", + "A High Priest who married a woman who had engaged in relations previously is not punished by lashes.54For he is guilty of transgressing merely a positive commandment and lashes are not given for such a transgression. He must, however, divorce her with a get.55Since a transgression is involved in engaging in relations with her, he is compelled to divorce her. Nevertheless, a bill of divorce is necessary for the consecration is binding. If he married a woman past the age of maturity or one who lost her virginity for reasons other than relations, he may remain married to her.
If he consecrated a woman who had previously engaged in relations and then he was appointed as the High Priest, he may marry her after his appointment.56As stated in Halachah 12 with regard to a widow.", + "If he raped or seduced a virgin maiden, he may not marry her.57For he is commanded to marry a virgin and she is not. Even though it is he himself who caused her to lose her virginity, she is not acceptable. Since she is not a virgin, a transgression is involved every time he enters into relations with her. Hence, he is obligated to divorce her.
In the instance mentioned in the previous halachah, he had already consecrated the woman, but in this instance, he did not consecrate her first (Maggid Mishneh).
[This applies] even if he raped or seduced her while he was an ordinary priest and was appointed as the High Priest before he married her. If he married her, he must divorce her.", + "If he consecrates a girl while she was a minor and she reaches full maturity while [consecrated] to him before he marries her, he should not marry her.58Because, as stated in Halachah 13, he must marry a maiden, a girl between twelve and twelve and a half. [The rationale is that] her body underwent a change.59And thus she is considered as a different person and, in an abstract sense, not the same woman whom he consecrated. In this manner, the Rambam (based on Yevamot 59a) makes a distinction between this instance and one in which a priest consecrated a widow and then was appointed as High Priest, as mentioned in Halachah 12. If he married her, he need not divorce her.60For even if at the outset, she was passed the age of maturity when he married her, he is allowed to remain married to her, as stated in Halachah 15.", + "[The prohibition against marrying a divorcee applies] whether she was divorced after consecration or after marriage. If, however, a girl is released from marriage through the rite of mi'un, she is permitted to a priest, as we explained in Hilchot Gerushin.61As explained in Hilchot Gerushin, ch. 11, according to Scriptural Law, when a girl's father dies before she reaches the age of twelve, there is no way that she can marry until she reaches that age. Nevertheless, our Sages gave her mother and/or brothers the right to marry her off if they believe that it is to her advantage. Because this marriage does not have a basis in Scriptural Law, a get is not required to absolve it. Instead, the girl may simply leave her husband's house. To formalize the absolution of the relationship all that is necessary is for her to declare that she desires to leave the marriage in the presence of two witnesses. Since the relationship was never binding according to Scriptural Law, she is not disqualified from marrying into the priesthood. [This applies even if] her husband first divorced her with a get, then remarried her, and then she was released through mi'un.62As stated in Hilchot Gerushin 11:16, even if at one point she was divorced with a get, since she was released through mi'un, the fact the she was divorced previously is not of consequence. For it is obvious that the divorce is unnecessary.
Any woman who is not fit to perform the rite of chalitzah,63E.g., a man who performed chalitzah with his deceased brother's widow without realizing that she was pregnant and hence, not required to perform this rite before remarrying. but nevertheless performs it is not disqualified from [marrying] a priest.", + "[The following rules apply if] a rumor begins to circulate: \"So-and-so, the priest wrote...\" or \"...gave a get for his wife,\" and she lives with him and serves him.64In the case of an Israelite, there would be no difficulty, for it is possible that he remarried his divorcee. In the case of a priest, however, this would be forbidden, for a priest is forbidden to marry any divorcee even his own. She is not forced to be divorced from her husband.65For a rumor that follows a marriage is not sufficient grounds to require a divorce. If she married another priest,66After being widowed from her first husband. she should be forced to be divorced.67Since the rumor preceded the second marriage, the second priest should not have married her, because of the doubt regarding the validity of the marriage that the rumor caused. And since he married her in possible violation of the law, he is forced to divorce her.", + "If a rumor circulated in a city68As stated in Hilchot Ishut 9:22, we are speaking about a rumor that has been substantiated by a court. It is not conclusive evidence that a woman has been consecrated, but it is far from mere hearsay. If a rumor has not been substantiated in a court, it is of no substance. that a woman was consecrated and then divorced after consecration, her [status] becomes suspect, as explained in Hilchot Gerushin.69Chapter 10, Halachah 20. If, however, a rumor is circulated that she is a chalutzah, her [status] does not become suspect.70Since a chalutzah is forbidden only because of a Rabbinic ordinance, when we are not certain the woman performed this rite, there is no prohibition, as stated in Halachah 7. The Ra'avad, however, rules stringently and maintains that since we are speaking about a rumor with substance, even a rumor that she is a chalutzah can cause her to be forbidden.", + "If a rumor is circulated that a virgin has engaged in relation, her [status] does not become suspect and she may marry a High Priest. If a rumor is circulated that she is a maid-servant, her [status] does not become suspect and she may marry a priest.71We do not disqualify a woman when there is a question about her lineage unless there is explicit testimony that she is not acceptable (Maggid Mishneh).
If a rumor72This refers even to a rumor substantiated in court (Beit Shmuel 6:30). circulates in a city that she is acting promiscuously,73And committed adultery or engaged in relations that would cause her to be forbidden to the priesthood as explained in the following chapter. her [status] does not become suspect. Even if her husband separated from her because she violated [the practices of modesty required by] the Jewish faith74E.g., going out to the marketplace with her hair uncovered, spinning flax in the marketplace in a manner that shows her arms to men, playing frivolously with youths, as stated in Hilchot Ishut 24:12. or because [of the testimony] of witnesses [concerning] unseemly conduct,75I.e., testimony regarding conduct that leads to the conclusion that she committed adultery although the adulterous relations themselves were not observed, as mentioned in ibid.:15. but he died before giving her a get, she is permitted [to marry] a priest. For a woman like the above should not be forbidden [to a priest] unless there is definite testimony [that she acted promiscuously] or she admits [doing so] herself.76For in such instance, she accepts the prohibition upon herself, as stated in Chapter 18, Halachah 9." + ], + [ + "Based on the Oral Tradition, we learned that the term zonah1The term literally means \"a promiscuous woman.\" Halachically, however, it has a specific meaning as the Rambam continues to explain. This concept is relevant because a priest is forbidden to marry a zonah as mentioned at the beginning of the previous chapter. used by the Torah refers to one who is not a nativeborn Jewess,2Even if she is a virgin, and even if she converts (Halachah 3). a Jewish woman who engaged in relations3Even against her will. It is the fact of the relations, not her intent, that causes her to be placed in this category. See Halachot 5-6. with a man she was forbidden to marry, violating a prohibition that is universally applicable,4Even a prohibition that stems from a positive commandment, as mentioned in Halachah 3. or a woman who engaged in relations with a challal5A child born from a relationship forbidden to a priest, as mentioned in Chapter 19, Halachot 5-6. As mentioned in the notes to the following halachah, the Ra'avad differs with the Rambam's view. even though she is permitted to marry him.6There is no prohibition against a challal marrying any Jewish woman, even the daughter of a priest (see Chapter 19, Halachah 11).
Accordingly, a woman who engages in relations with an animal, even though she is liable for execution by stoning is not deemed as a zonah, nor is she disqualified from marrying into the priesthood,7She may even marry a High Priest (if she engaged in anal intercourse with an animal), as stated in Chapter 17, Halachah 14. for she did not engage in relations with a man. [Similarly, when] a man engages in relations with a woman in the niddah state even though she is liable for kerait, she is not deemed as a zonah, nor is she disqualified from marrying into the priesthood, for she is not forbidden to marry him.", + "Whenever a person has relations with an unmarried woman, even if she is a harlot who wantonly makes herself available to everyone, although she is liable for lashes,8As stated in Hilchot Ishut 1:4. she is not deemed as a zonah, nor is she disqualified from [marrying] into the priesthood. For she is not forbidden to marry [the people with whom she engaged in relations].
[When, by contrast, a woman] engages in relations with a man with whom relations are forbidden by a negative commandment that is universally applicable - the transgression is not specific to priests - or with whom they are forbidden by a positive commandment, she is forbidden to marry him, she is a zonah.9The Ra'avad differs with the Rambam's ruling, offering a more lenient view, explaining that although a woman who enters into relations with any of the above individuals is forbidden to marry into the priesthood, these relations do not cause her to be considered as a zonah and she and a priest are not punished by lashes if they engage in relations. The Shulchan Aruch (Even HaEzer 6:8) quotes the Rambam's view. Needless to say, [this applies if she engages in relations with a man] who is forbidden to her as an ervah, a gentile, or a servant.", + "Similarly, a female convert or a freed [maid-servant] - even if she was converted or freed when she was less than three years old10At that age, even if she had engaged in relations, her hymen would regenerate and she would be considered as a virgin (Ketubot 11b). Nevertheless, she is not considered as a native-born Jewess.
The Ra'avad rules that such a woman is not considered as a zonah. Nevertheless, she is forbidden to marry into the priesthood, based on the interpretation of Ezekiel 44:22 advanced by Kiddushin 78a which states that a priest must marry only from \"the seed of the House of Israel.\" Note the discussion of this difference of opinion by the Maggid Mishneh. See also Chapter 19, Halachah 12, which states that as long as converts marry among each other, their descendants are forbidden to marry into the priesthood.
- since she is not a native-born Jewess, she is deemed a zonah and is forbidden to [marry] a priest.
On this basis, [our Sages said: A woman who has relations with] a gentile, a netin,11See Chapter 12, Halachot 22-23, which defines this term and the prohibition against such a man marrying a native-born Jewess. a mamzer,12See Chapter 15 which describes the prohibition of such a man marrying a native-born Jewess. an Ammonite or Moabite convert, a first- or second-generation Egyptian or Edomite convert,13See Chapter 12, Halachot 18-21, which describes the prohibition of such converts marrying a native-born Jewess. a man with maimed testicles or a severed member,14See Chapter 16 which describes the prohibition of such a man marrying a native-born Jewess. or a challal who has relations with a [nativeborn] Jewess causes her to be considered as a zonah and to be forbidden to [marry into] the priesthood. If she was a priest's daughter, she is disqualified from [partaking of] terumah.15Leviticus 22:12 states \"When the daughter of a priest is [possessed] by a foreigner, she may not partake of the terumah of holiness.\" Yevamot 68a states: \"Since she engaged in relations with someone who is forbidden to her, she is disqualified.\" Similarly, a yevamah who engaged relations with a man other than her yevam becomes a zonah.16Since she is forbidden to marry anyone other than her yevam relations with any other man cause her to be considered as a zonah.
An aylonit17The term aylonit refers to a woman who does not have female physical characteristics. Her breasts do not protrude, she stiffens during sexual relations, and her lower abdomen does not resemble that of a woman. She is considered incapable of giving birth (Hilchot Ishut 2:4-6). is permitted to [marry] a priest. She is not a zonah.", + "When a man engages in relations with one of the shniot18These refer to distant relatives whom the Rabbis forbade as safeguards to Scriptural prohibitions. See Hilchot Ishut 1:6 for a list of these prohibitions. or the like, e.g., a man who engages in relations with a relative of the woman with whom he performed chalitzah or with the woman with whom he performed chalitzah, he does not cause her to be deemed a zonah. For she is not forbidden to him according to Scriptural Law, as we explained in Hilchot Yibbum.19See Hilchot Yibbum 1:12-13 which explains that once a woman is obligated to undergo chalitzah, there is no Scriptural prohibition against engaging in relations with her or her relatives. Nevertheless, our Sages instituted these prohibitions as safeguards.", + "We thus learned that a woman's being deemed as a zonah is not dependent on her engaging in forbidden relations, for when a man engages in relations with a niddah or a harlot or when a woman engages in relations with an animal, the woman has engaged in forbidden relations and yet she is not deemed a zonah. When, by contrast, [a woman] marries a challal, she engages in relations that are permitted, as will be explained,20Chapter 19, Halachah 16. and yet she is deemed a zonah. Thus the matter is dependent on the spiritual blemish alone. According to the Oral Tradition, we learned that the spiritual blemish comes only from a man who is forbidden to her or a challal, as we explained.", + "Whenever a woman engages in relations that cause her to be deemed a zonah, she becomes disqualified as soon as the man's organ enters her21We are translating the term heara; see Chapter 1, Halachah 10. whether she engages in relations against her will or willingly, whether in conscious violation or inadvertently, whether through vaginal or anal intercourse. [This applies] provided she is at least three years old and the man with whom she engages in relations is nine years old or more.22For below these ages, any sexual contact in which these individuals engage is not significant, as stated in Chapter 1, Halachot 13-14. Therefore when a married woman engages in adultery, whether against her will or willingly, she is disqualified from [marrying into] the priesthood.23I.e., if the woman's husband dies after the adulterous relations without divorcing her, she may not marry a priest. Alternatively, as the Rambam continues to explain in the subsequent halachot, if she is the wife of the priest, she may not remain married to him.", + "When the wife of a priest is raped, [if her husband engages in relations with her afterwards,] he is punished by lashes because of her defilement. [This is derived from Deuteronomy 24:4]: \"Her first husband who sent her away cannot return and take her as a wife after she has been defiled.\"24As the Rambam implies, the prohibition indicated by this verse is not explicitly referring to a woman married to a priest. Instead, halachically (see Hilchot Gerushin 11:14), it is interpreted as referring to all married women who are defiled by adultery. The wife of an Israelite who was raped is an exception, but not the wife of a priest.
The commentaries question the exactness of the Rambam's statements here, because in this instance two separate prohibitions - the prohibition against relations with one's defiled wife and the prohibition against a priest engaging in relations with a zonah - are involved. See the Maggid Mishneh for a discussion of the issue. See also Chapter 1, Halachah 22.
All [women] were governed by the general principle: If they engaged in [adulterous] relations, they are forbidden to their husbands. The Torah singles out an exception: the wife of an Israelite who was raped.25See Hilchot Ishut 24:19. She is permitted to her husband, as [implied by Numbers 5:13]: \"And she was not seized.\" The wife of a priest remains forbidden, because she is a zonah.26I.e., despite the fact that she is not held responsible for the adulterous relations, they create a spiritual blemish that prevents her from marrying a priest.", + "When the wife of an Israelite is raped, although she is permitted to her husband,27For the adulterous relations were carried out against her will. she is forbidden to [marry into] the prietshood.28After her husband dies.
When the wife of a priest tells her husband: \"I was raped or inadvertently, I engaged in relations with another man,\" or one witness testifies against her that she committed adultery whether willingly or unwillingly, she is not forbidden to him.29Testimony is not considered binding unless it is made by two witnesses. Thus the testimony of one witnesses is not of consequence. Similarly, a person's testimony cannot be used against himself. Hence, the woman's own testimony is not of consequence.
There is one instance where the testimony of one witness is significant. When the husband issued a sotah warning to his wife. See Hilchot Ishut 24:18).
[The rationale is that we suspect] that perhaps she set her eyes on another [man].30And seeks to be released from her husband so that she may engage in relations with him. If he considers her as trustworthy, or he considers the witness as trustworthy and he accepts his word,31And thus he believes that his wife committed adultery. he should divorce her so that there is no doubt regarding the matter.32For since he believes either his wife or the witness, he will be consenting to a transgression each time he enters into relations with her. Accordingly, he has a moral and spiritual obligation to divorce her (Maggid Mishneh to Hilchot Ishut, loc. cit.)", + "Although the wife of a priest who tells her husband: \"I was raped,\" is permitted to her husband as explained, she is forbidden to any other priest33The Beit Shmuel 6:25 states that the Rambam's ruling applies only as an initial and preferred option. After the fact, if she marries a priest, they may remain husband and wife unless he believes her statements. after her husband dies.34The Ra'avad differs with the Rambam, explaining that since the woman's statements were rejected, they are considered of no consequence afterwards. The Maggid Mishneh justifies the Rambam's ruling and it is accepted as law by the Shulchan Aruch (Even HaEzer 6:13).
The Ra'avad's rationale is that if the woman is able to provide a satisfactory explanation why she originally stated that she was forbidden, her word is accepted, as is the case with regard to other similar situations. The Maggid Mishneh does not accept this logic. See Chelkat Mechokek 6:12 and Beit Shmuel 6:26 which discuss this issue.
For she has acknowledged that she is a zonah and caused herself to be forbidden, making herself a prohibited entity.", + "When a priest35In contrast to an Israelite, as the Rambam continues to explain. consecrates a woman, whether a minor or past majority, and afterwards engages in relations with her and claims that she had engaged in relations previously,36The husband's word is accepted as stated in Hilchot Ishut 11:8-15. The rationale is that we operate on the presumption that a man will not take on the expense and trouble of making a wedding and then forfeit it because of a spurious claim. she is forbidden to him because of the doubt involved:37Since the doubt involves a Scriptural prohibition, we rule stringently. perhaps she engaged in relations before she was consecrated or perhaps it was afterwards.38For if the relations took place afterwards, even if she was raped, she is forbidden to her husband as a zonah. When, by contrast, an Israelite makes such a claim, there are two doubts involved:39And when there are two doubts involved, even when a Scriptural prohibition is concerned, we rule leniently. Maybe [the forbidden relations] preceded the consecration or maybe they came afterwards. Even if we say that they came afterwards, maybe she was raped or maybe she participated willingly. For a raped woman is permitted to an Israelite, as we explained.40See Halachah 7.", + "Therefore if a girl's father consecrated her to an Israelite when she was less than three years old and [when they married, the Israelite] claimed that he discovered that she had engaged in relations previously, she is forbidden to him because of the doubt. For there is only one doubt involved: Maybe the relations were against her will41Although a minor who willfully commits adultery is not punished, she is forbidden to her husband (Chapter 3, Halachah 2). or maybe she engaged willingly.42Since she was consecrated before the age of three, even if she had engaged in relations beforehand, her hymen would have regenerated. Thus there is only one doubt involved. When there is a doubt concerning a Scriptural prohibition involved, [we rule] stringently.", + "Any woman who was given [a sotah] warning43A formal warning delivered in the presence of witnesses not to enter into privacy with a specific man (Hilchot Sotah 1:1). by her husband, entered into privacy [with the man she was warned against], but did not drink the sotah waters is forbidden to [marry] a priest,44I.e., if her first husband dies without divorcing her. because there is an unresolved question whether or not she is a zonah.45Drinking the waters would have tested her virtue. Since she did not undergo this test, the matter is unresolved and hence she is forbidden to a priest. [This applies] whether she did not wish to drink [the waters],46See Hilchot Sotah 2:1, 3:2 which imply that the refusal to drink the waters is tantamount to an admission of guilt. her husband did not wish to compel her to drink the waters,47In such an instance, the woman is forbidden to her original husband, but he must pay her the money due her by virtue of her ketubah (Hilchot Sotah 2:1). there was testimony that prevented her from drinking,48Hilchot Sotah 1:14 states that if even one witness testifies that he saw the woman commit adultery after receiving the sotah warning, she becomes forbidden to her husband. the warning was delivered by the court,49Hilchot Sotah 1:10 states that, when a husband is unable to supervise his wife's moral behavior, the court may issue such a warning on his behalf. In such an instance, however, the woman is not compelled to drink the sotah waters. or she was one of the woman who is not fit to drink.50Hilchot Sotah 2:2 lists fifteen women who are not given the option of drinking the sotah waters. Whatever the reason that she did not drink, she is forbidden to [marry into] the priesthood because of the doubt [that has been created].", + "[The following rules apply if we] saw that an unmarried woman engaged in relations with a man who then departed. She is asked: \"Who is the man with whom you engaged in relations?\" If she says, \"He is an acceptable man,\"51I.e., neither a mamzer, nor a gentile, nor another individual who would disqualify her from marrying into the priesthood. her word is accepted. Moreover, even if we see that she is pregnant and we ask her: \"From whom did you conceive?\" and she says, \"From an acceptable man,\" her word is accepted and she is permitted [to marry] a priest.52This represents the legal abstract. Our Sages, however, applied stringencies as indicated by the following halachah.", + "When does the above apply? When the place where she engaged in relations was on a thoroughfare or in a carriage in the fields where everyone passes by,53This factor is necessary to allow for us to apply the principle: \"Whenever an entity is separated, it is considered as having been separated from the majority.\" When, as stated in Halachah 15, the relations occur in a place where an entity is kevua, in its fixed place, we do not follow the majority. and most of the passersby are acceptable and most of the inhabitants of the city from which these passersby departed are acceptable. [The rationale for this stringency is that] our Sages elevated the standards required with regard to lineage54Compare to Chapter 15, Halachah 11, which states that when the lineage of the child is involved, the woman's word is accepted even when the majority of the men are not acceptable. The rationale for the difference is that with regard to the child, there is no alternative. If the child is not deemed acceptable, he or she will not be able to marry within the Jewish people. If, however, the woman's word is not accepted, she will still be able to marry anyone other than a priest (Maggid Mishneh). and required two majorities.55I.e., instead of requiring a simple majority as is the usual standard.
If, by contrast, most of the people passing by would disqualify her, e.g., they were gentiles, mamzerim, or the like, even if most of the inhabitants of the city from which they came were acceptable, we are suspect regarding her [status]. Perhaps she engaged in relations with a person who would disqualify her. Hence, the initial and preferred option is for her not to marry a priest.56This ruling is cited by the Shulchan Aruch (Even HaEzer 6:17). That source, however, also cites the view of the Tur and other Rishonim which maintains that if she states that the person with whom she engaged in relations are acceptable and the majority of the people are acceptable, she may marry into the priesthood at the outset. The Beit Shmuel 6:31 also cites a third, more lenient view. If she marries one, she need not divorce.57After the fact, we rely on the halachic abstract stated in the previous halachah. This applies even if most of the people are unacceptable (Beit Shmuel 6:32). [This ruling also applies] if most of the inhabitants of the locale were unacceptable even though most of the passersby were acceptable.", + "If we saw that she engaged in relations in a city or she became pregnant in a city, [more stringent rules apply]. Even if there was only one gentile, challal, servant, or the like58I.e., persons who would disqualify her from marrying into the priesthood. dwelling in the city, the initial and preferred option is that she not marry a priest. [The rationale is that] whenever entities are in their permanent locale, [probability is not taken into consideration. Instead, all doubts] are considered as equally balanced.59The Kessef Mishneh explains the Rambam's ruling as follows: When the woman goes to the unacceptable man for relations, he is considered as in his established place and hence, the doubt is considered equally balanced. Even when the unacceptable man comes to the woman for relations - in which instance, he has been separated from his natural place, and hence the principles of probability should apply - we rule stringently. This is a safeguard, lest one rule leniently when the woman goes to the man.
The Tur (Even HaEzer 6) rules more leniently, maintaining that if the man comes to the woman, we follow the principles of probability. The Shulchan Aruch (Even HaEzer 6:18) mentions both views without stating which one should be followed.
If she already married [a priest], she need not be divorced because she says: \"I engaged in relations with an acceptable man.\"60And after the fact, we rely on her word.", + "When a woman is dumb, deaf,61In these two instances, we assume that she lacks the intellectual sophistication to know the status of the man with whom she engaged in relations. she says: \"I don't know the identity of the man with whom I engaged in relations,\" or she was a minor that cannot differentiate between a man who is acceptable and one who is not, she is considered as a zonah of questionable status.62In all instances, the initial and preferred option is for her not to marry into the priesthood (Maggid Mishneh). A child born from these relations is considered a mamzer of questionable status, as stated in Chapter 15, Halachah 12. [After the fact,] if she married a priest, she must be divorced63Since a question of Scriptural Law which cannot be clarified is involved, we rule stringently. unless there is a twofold majority of men with whom she could have engaged in relations that are acceptable.64In such an instance, we are not concerned with the doubt because of the high probability that the man was acceptable.", + "When a woman taken captive is redeemed and she is three years old or more,65The minimum age from which time onward sexual relations are significant. she is forbidden to [marry] a priest, because there is a question whether she is a zonah. Perhaps a gentile engaged in relations with her.
If there is a witness that a gentile did not enter into seclusion with her, she is acceptable to the priesthood.66As the Rambam proceeds to explain, since the prohibition is of Rabbinic origin, we do not follow the Scriptural requirements applying to witnesses. Therefore although ordinarily the testimony of two acceptable witnesses is required, in this instance, we accept the testimony of only one witness and moreover, accept testimony from witnesses - women, servants, and relatives - who would ordinarily be disqualified. Even a servant, a maid-servant, or a relative67There is a difference of opinion among the commentaries whether the testimony of a woman's son or daughter is acceptable. If they mention the matter in the course of conversation, their word is accepted as evident from the following halachah, If, however, a son or a daughter deliver testimony on their mother's behalf, most authorities maintain that the testimony is not accepted (see Chelkat Mechokek 7:1; Beit Shmuel 7:3). is acceptable with regard to this testimony. [Moreover,] when two women who were taken captive give testimony on behalf of each other, their word is accepted.68Even though one could argue that each one is lying on the other's behalf. [The rationale is] that all the prohibitions involving questionable situations are of Rabbinic origin.69Whenever there is a question whether or not a Scriptural prohibition applies, we rule stringently. This principle, however, is a point of Rabbinic Law. According to Scriptural Law, since the prohibition is not definitely established, one need not observe it. Therefore they ruled leniently with regard to a woman taken captive.", + "Similarly, a minor who states [that a woman was not touched by her captors] in the course of conversation.70A minor is not acceptable as a witness. Nevertheless, if he makes statements in the course of his conversation which indicate that a woman - his mother or any other woman - was not molested by her captors, those statements can serve as evidence to grant the woman license to marry a priest.
The rationale is that these statements are considered to reflect the truth. We suspect that the child is telling us a representative account of what happened. Hence, since the prohibition was instituted only because of doubt, such statements are sufficient to allay our suspicions. With regard to the principle of accepting statements made in the course of conversation, see Hilchot Gerushin, Chapter 13, and commentaries.
There are authorities (Rabbenu Nissim) who maintain that a child's word is also accepted when he gives testimony directly. The Shulchan Aruch (Even HaEzer 7:1) also quotes that view although he appears to favor the above perspective.
An incident occurred with regard to a child who was captured together with his mother. In the course of conversation, he said: \"My mother and I were captured by the gentiles. When I went out to draw water from the well, I was thinking about my mother. [When I went] to gather wood, I was thinking about my mother.\" Our Sages [permitted] her to marry a priest because of his words.71Because the implication is that his mother was not molested.", + "A husband's word is not accepted if he testifies72Or if he makes the statements in the course of conversation (Maggid Mishneh; Beit Shmuel 7:4). The Rama (Even HaEzer 7:2), however, mentions opinions that grant leniency when he makes such statements in the course of conversation. that his wife who was taken captive was not defiled.73The rationale is based on the principle: \"A person may not give testimony on his own behalf\" [Shulchan Aruch (Even HaEzer 7:2)]. Similarly, her maid-servant may not testify on her behalf.74For we fear that she may lie to cover up for her. A maid-servant belonging to her husband, however, may testify on her behalf. And statements made by her maid-servant in the midst of conversation are accepted.75For we do not assume that she will know that these statements may be used to advance the cause of her mistress.", + "When a priest testifies that a woman who had been taken captive is pure, he may not marry her. [We suspect that] he focused his attention on her.76We suspect that he desired to marry her and therefore testified that she was not defiled even though he did not have definite information to that effect. Although we enforce this stringency with regard to the priest himself, we accept his testimony with regard to others and allow her to marry another priest (Chelkat Mechokek 7:6, Beit Shmuel 7:7). If he redeemed her and testified on her behalf, he may marry her, for if he did not know that she was pure, he would not have paid money on her behalf.77For other persons might come and testify that she was defiled in which instance, he would be forced to divorce her. Hence were he not sure that the matter was true, he would not risk forfeiting his money (Ketubot 36b).", + "When a woman says: \"I was taken captive, but I am pure,\" her word is accepted. [The rationale is] that the mouth that forbid her granted her license.78We would forbid her from marrying a priest only because of her own statements and in those very statements, she maintains that she is pure. [This applies] even if there is one witness who testifies that she was taken captive.79For the testimony of one witness is not halachicly significant. Based on Rashi (Ketubot 23b), the Beit Shmuel 7:8 states that this applies even if the witness testifies that the woman was defiled. If, however, there are two witnesses who testify that she was taken captive, her word is not accepted unless one person testifies that she is pure.
If there were two witnesses who testified that she was taken captive, one witness who testifies that she was defiled and another who contradicts his statements and testifies that she is pure and that a gentile did not enter into seclusion with her until she was redeemed, she is permitted.80The Maggid Mishneh states that this applies even if the witness who testified that she was defiled testified first. Although one might think that once the first witness testifies, her status would be established as forbidden, our Sages ruled leniently with regard to a woman taken captive. [This applies] even if the one who testifies that she is pure is a woman or a maid-servant.", + "When a woman stated: \"I was taken captive, but I am pure,\" and a court granted her license to marry [a priest], she may marry [one] as an initial and preferred option. Her license is not revoked [even if] afterwards two witnesses come and testify that she was taken captive.81Had the witnesses made their statements first, the woman would not have been granted this license. Nevertheless, once she is given permission to marry into the priesthood, that permission is not rescinded unless there are witnesses that she was defiled. Even if her captor enters afterwards and we see that she is a captive under his dominion, her license [to marry a priest] is not revoked. We provide her with protection until she is redeemed.82I.e., watchmen who will observe her and prevent her from being raped by her captors. Although she did not enjoy this protection beforehand, we grant it to her at present.
All of the particulars in this halachah are taken from an actual incident that took place. As Ketubot 23a relates, the daughters of the Sage Shmuel were taken captive. They were transported to Eretz Yisrael. They told their captors to wait for them outside and entered the court of Rabbi Chaninah and said: \"We were taken captive, but we are pure.\" The Sages permitted them to marry into the priesthood.
", + "If two witnesses came and stated that [a woman] was defiled, even if she had married and even if she bore children [to her husband, the priest], she must be divorced.83For testimony delivered by two witnesses establishes a halachic reality which must be reckoned with. If one witness came and testified [that she was defiled], his testimony is of no consequence.84The Chelkat Mechokek 7:9 and the Beit Shmuel 7:12 states that even if the witness came after she was given license to marry into the priesthood, but before she actually married, his testimony is of no consequence and the license is not rescinded. This applies even if witnesses had also come and testified that she had been held captive.
If the woman says, \"I was taken captive, but I am pure, and I have witnesses that I am pure,\" we do not say: \"Let us wait until the witnesses come.\" Instead, we grant her license [to marry into the priesthood] immediately. Moreover, even if a rumor is circulated that there are witnesses that she was defiled,85The Chelkat Mechokek 7:11 quotes the Ritbah who maintains that this ruling applies even if the rumor was substantiated in court. As long as there is not actually testimony, her status remains unchanged. we grant her license [to marry into the priesthood] until the witnesses come. [The rationale is that] we are lenient with regard to a woman taken captive.", + "When a father states: \"I consecrated my daughter and I had her divorced,\"86As is his right until she reaches maturity [Hilchot Ishut 3:11 (see also 9:10). [as long as] she is a minor,\" his word is accepted.87And she is forbidden to marry into the priesthood. \"I consecrated my daughter and I had her divorced while she was a minor,\" when she is past majority, his word is not accepted with regard to her being considered as a divorcee.88For his word is accepted only as long as the matter is in his hands (see Kiddushin 64a).
[When he says,] \"She was held captive and I redeemed her,\" his word is not accepted whether she is a minor or past majority. For the Torah deems him trustworthy only with regard to having her forbidden because of marriage, for it is written [Deuteronomy 22:16]: \"I gave my daughter to this man,\"89Since he has the right to consecrate her and effect her divorce, his word is accepted with regard to her status. but not to have her disqualified as a zonah.90The Beit Shmuel 7:15 explains that we do not accept his word based on the principle of miggo. To explain: one might think that since the father's word would be accepted were he to claim that he consecrated her and had her divorced, we accept his word if he claims that she was taken captive, for had he desired to lie, he could have claimed that she was divorced. We do not follow that argument, because the statement that she was taken captive involves a more encompassing prohibition, causing her to be forbidden to partake of terumah as well as being forbidden to marry a priest.", + "When the wife of a priest is forbidden to him because she was taken captive, [we grant a leniency]. Since [the prohibition was instituted because] of a doubt,91I.e., the prohibition was instituted because we suspect that she was defiled. The Beit Yosef (Even HaEzer 7) states that, based on the Rambam's statements, if there are witnesses that the woman was defiled, this leniency is not granted. she is permitted to dwell together with him in the same courtyard, provided his children and the members of his household will always be there to watch him.92And see that the couple do not engage in intimacy.", + "[The following laws apply when] a city was held under siege and conquered. If the gentiles surrounded the city from all sides so that it was impossible for [even] one woman to escape93This ruling (as continued in the following three halachot) reflects the Rambam's interpretation of Ketubot 27b. There are several other interpretations of that passage. The Shulchan Aruch (Even HaEzer 7:10) quotes the Rambam's view, but also that of dissenting authorities. See also Hilchot Ma'achalot Assurot 12:24 which states a ruling dependent on the same passage. without being seen and placed under their dominion, all of the women in [the city] are forbidden [to marry into] the priesthood. They are considered as if they were held captive for perhaps they were raped by gentiles. [The only exception] are those less than three years old as explained.94See Halachah 17.", + "If it was possible for one of the woman to escape without being detected or there was one hiding place in the city - even if it could hold only one woman - it saves all [the women from being deemed forbidden].95Even if the woman admits that she did not escape or hide, her word is accepted, based on the principle of miggo. As stated in the following halachah, had she desired to lie, instead of saying merely that she was not molested, she could have claimed to have escaped or have hidden.", + "How does it save [the women from being deemed forbidden]? The word of every woman who claims \"I am pure\" is accepted. Since she could have said: \"I escaped when the city was conquered,\" or \"I was in a hiding place and I was saved,\" her word is accepted if she says: \"I did not escape, nor did I hide, but I was not defiled.\"96See the Chelkat Mechokek 7:15 which state that the Rambam's words imply that the woman must come to court and make these statements to be granted license to marry into the priesthood. They also mention Rabbenu Nissim's view that does not require this measure, but instead permits all women in these situations to marry into the priesthood automatically.", + "When does the above apply? With regard to a battalion from that country who settle in the city and are not afraid. Therefore we fear that they raped the women. With regard to a battalion from another country, which swept through the city, pillaged and passed on, the women are not forbidden.97As mentioned above, there are opinions that differ and maintain that even when the battalion is from another country, the women are forbidden. [The rationale is that] they do not have time to rape, because they are busy gathering spoil and fleeing.98The Kessef Mishneh maintains that even when the conquering army is from another country, if they remain in the city for a longer period, the women are forbidden from marrying into the priesthood. We suspect that since there was no immediate pressure to flee, the soldiers may have raped the local women. If, however, they took the women captive and they were under their dominion, they are forbidden [to the priesthood]99As are any women taken captive by gentiles as stated above. even though Jews pursue [the battalion] and rescued [the women] from them.100Since our Sages forbade women taken captive, that prohibition is universally enforced, regardless of the length of time the women were in captivity (Kessef Mishneh).", + "When a woman was imprisoned because of financial matters, she is permitted [to marry into the priesthood].101I.e., we do not suspect that she was raped, because the gentiles will fear to rape her lest they be forced to forfeit the money owed them [Ramah (Even HaEzer 7:11)]. These laws apply not only to jails, but instances when women are held captive by men for other reasons. When she is imprisoned with regard to matters involving capital punishment, she is forbidden to the priesthood.102I.e., we fear that she was raped by her jailers. Therefore if her husband is a priest, she is forbidden to him.103If, however, the husband is an Israelite, there is no prohibition. We do not fear that the women would try to save her life by seducing her jailers or accepting their advances. Were that to be the case, the relations would be considered voluntary and thus she would be prohibited to her husband.
The Rambam's ruling is quoted by the Shulchan Aruch (Even HaEzer 7:11). The Ramah quotes the opinion of Rabbenu Asher and other Ashkenazic authorities who maintain that a woman would be forbidden to even an Israelite husband for the reasons stated above. He does, however, mention more lenient views.

When does the above apply? When the Jews have power over the gentiles and they are afraid of them. When, by contrast, the gentiles are in power, even when a woman is imprisoned because of financial matters, she is forbidden since she was taken under the dominion of the gentiles104The commentaries question if these laws apply with regard to contemporary prison conditions when it is less likely for the prison staff to ravage women held under their jurisdiction. unless there is a witness who testifies on her behalf as is the law regarding a woman taken captive, as explained above.105Halachah 17." + ], + [ + "What is meant by a challalah? [A woman] born from [relations] forbidden to the priesthood.1I.e., the women mentioned in Chapter 17, Halachah 1. Similarly, any woman who is forbidden to the priesthood who engaged in relations with a priest becomes a challalah. A priest who commits a transgression himself, however, is not deemed a challal.2The fact that he engaged in forbidden relations does not detract from the essential holiness endowed to him by his priestly lineage.", + "[The above applies] whether she engaged in relations by coercion or inadvertently3For the spiritual blemish brought about by the forbidden relations has an effect regardless of her intent or lack of it. or whether it was vaginal or anal intercourse, as soon as the male organ enters her, she becomes a challalah. [This applies] provided the priest is nine years of age or older and the woman forbidden him is three years of age or older.4For only when the male and the female are these respective ages are their relations considered significant.", + "What is implied? When a priest who is nine years old engages in relations with a divorcee or with a zonah or a High Priest enters into relations with such women or with a widow, or marries a non-virgin and enters into relations with her,5Note the contrast to the following halachah. Although a non-virgin is forbidden only on the basis of a positive commandment (Chapter 17, Halachah 13), offspring from such a relationship are challalim. these women become challalot for all time. If they conceive a child from such relations, whether from relations with the priest who caused them to be deemed a challalah or whether with another priest, the offspring are challalim.
When, however, a priest consecrates a woman who is forbidden to the priesthood and she is widowed or divorced from the consecration, she does not become a challalah.6Needless to say, a divorcee may not marry a priest. The Rambam is emphasizing that if she is divorced, in addition to the prohibition of a divorcee, she is also prohibited as a challalah. If she marries, even if she does not engage in relations, she becomes a challalah even if it is discovered that she is a virgin.7For as Ketubot 11a states, a woman who is divorced after marriage is considered as if she has engaged in relations. The Chelkat Mechokek 7:23 and the Beit Shmuel 7:36 discuss this ruling, mentioning views that differ slightly.", + "When a High Priest marries a woman past majority or one who lost her signs of virginity through means other than intercourse, she does not become a challalah.8For after the fact, he is allowed to remain married to such a woman, as stated in Chapter 17, Halachah 15. Similarly, if he enters into relations with a non-virgin outside the context of marriage, she does not become a challalah.9For the prohibition forbidding her to him applies only within the context of marriage (Chapter 17, Halachah 2). Although he performs a transgression for entering into intimacy without the intent of marriage (see Hilchot Ishut 1:4), that prohibition is not restricted to the priesthood and offspring are deemed challalim, only when the prohibition against the relations is exclusive to the priesthood.", + "When a priest engages in relations with one of the women forbidden as an ervah with the exception of a woman in the niddah state or with one of the woman who is forbidden because of a negative commandment that is universally applicable, he causes her to be deemed a zonah, as explained.10Chapter 18, Halachah 1. If he - or another priest - engage in relations with her a second time, she becomes a challalah11Since she became a zonah, the prohibition against relations with her is exclusive to the priesthood. and her offspring from [a priest] are challalim.
Accordingly, if a priest engages in relations with a woman who is obligated to undergo yibbum and she conceived from their first relations, the offspring is acceptable to marry into the priesthood. [The rationale is that] the prohibition [against relations with such a woman] is not restricted to the priesthood. She becomes a zonah as we explained.12Chapter 18, Halachah 2. For the relations do involve a transgression. If he engaged in relations with her a second time and she conceived and gave birth, she becomes a challalah and her offspring are challalim, for [these relations]13I.e., relations with a zonah. are forbidden exclusively to the priesthood.", + "Similarly, when a priest engages in relations with a convert or a freed maid-servant, he causes her to become a challalah14For they are forbidden exclusively to the priesthood, as stated in Chapter 18, Halachah 3. and his offspring from her are challalim.15Even if they are conceived during the first time the couple engage in relations [Shulchan Aruch (Even HaEzer 7:14)]. The rationale is that even before the priest engages in relations with such women, they are deemed as zonot. When a priest engages in relations with a woman in the niddah state, the offspring are acceptable and are not challalim. For the prohibition [against relations with] a woman in the niddah state is universally applicable and is not exclusive to the priesthood.", + "When a priest marries a divorcee who is pregnant - whether with his child or that of another man - and she gives birth after she became a challalah, the child is acceptable, for it was not conceived from forbidden seed.16As Kiddushin 77a states, the determination of whether a child is deemed as a challal or not depends on whether it was conceived through a transgression or not. The mother's status at the time of birth is not significant.", + "We have already explained,17In Chapter 17, Halachah 7. that a woman who has undergone chalitzah is forbidden to a priest by Rabbinic decree. Therefore, when a priest engages in relations with such a woman, she becomes a challalah and her offspring, challalim. All of this is based on Rabbinic decree. When, by contrast, a priest engages in relations with one of the shniot,18Relatives forbidden by Rabbinic decree as listed in Hilchot Ishut 1:6. she is acceptable19See Chapter 18, Halachah 4. and his descendants from her are acceptable, for these prohibitions are universally applicable and are not exclusive to the priesthood.", + "When a priest engages in relations with a woman whose status as a zonah is questionable, e.g., a woman concerning whose status as a convert or as a freed maid-servant is questionable, when he engages in relations with a woman whose status as a divorcee is questionable,20The Shulchan Aruch (Even HaEzer 7:20) quotes the Rambam's ruling. The Tur and the Rama state that the same laws apply to a woman who underwent a chalitzah ceremony of questionable validity. Based on the distinction between such a woman and a woman whose status is a divorcee is questionable which the Rambam makes in Chapter 17, Halachah 7, the Beit Shmuel 7:40 maintains that the Rambam would not accept such an addition. or a High Priest engages in relations with a woman whose status as a widow is questionable,21See Chapter 17, Halachah 12. the woman is deemed as a challalah of questionable status and her offspring are considered challalim of questionable status.", + "Thus there are three categories of challalim: a challal according to Scriptural Law, a challal according to Rabbinic decree, a person whose status as a challal is a matter of question.
Anyone whose status as a challal is a matter of question must observe the severities incumbent on the priesthood and those incumbent on ordinary Israelites.22Otherwise, there is a possibility that he will be violating prohibitions of Scriptural origin. He may not partake of terumah.23Lest he is an Israelite to whom this is forbidden. See Hilchot Terumah 6:7. He may not become impure due to contact with the dead24Lest he is a priest to whom this is forbidden. and he must marry a woman fit to marry a priest. If he partakes of terumah, becomes impure, or marries a divorcee, he is given stripes for rebellious conduct. The same laws apply to a challal by Rabbinic decree.
When, however, a person is definitely a challal according to Scriptural Law, he is like [any other] non-priest. He may marry a divorcee and become impure due to contact with a corpse. [This is derived from Leviticus 21:1 which] states: \"Speak to the priests, the descendants of Aaron.\" [Implied is that the prohibition that follows25The prohibition against contact with a corpse. does not apply] even to the descendants of Aaron unless they are priests.", + "A male priest who is forbidden to marry a zonah and a challalah is forbidden to marry a female convert and freed maid-servant for they are equivalent to zonot as we explained.26Chapter 18, Halachah 3. A woman of the priestly family, however, is permitted to marry a challal, a convert, or a freed servant. For women of acceptable lineage were not forbidden against marrying men of unacceptable lineage.27I.e., those forbidden to the priesthood (Maggid Mishneh). See, however, Halachah 21 and notes. [This is derived from the phrase \"the descendants\" [- literally, the sons -] of Aaron,\" i.e., sons and not daughters. Thus a convert is permitted to marry a female mamzer28See Chapter 15, Halachah 7. and also, the daughter of a priest.", + "When converts and/or freed servants marry among themselves and give birth to a daughter - even after several generations - this daughter is forbidden to marry a priest,29Kiddushin 78b states that after the destruction of the Temple, the priests accepted this stringency upon themselves. for the seed of a native-born Jew has not intermingled with them. If one married such a woman, she need not be divorced since she was both conceived and born in holiness.30Note the Beit Yosef (Even HaEzer 7), the Chelkat Mechokek 7:29 and the Beit Shmuel 7:42 who note that the Rambam requires the girl to be both conceived and born within the Jewish people. When, however, a convert or a freed servant marries a native-born Jewess or a native-born Jew marries a female convert or a freed slave, their daughter is acceptable to marry into the priesthood at the outset.", + "When an Ammonite convert31Who is forbidden to marry a native-born Jewess (Chapter 12, Halachah 18). or a second generation Egyptian convert32Who is likewise forbidden (ibid.:19). marry a native-born Jewess, the intimate relations they share involve a transgression and the women become zonot as we explained.33Chapter 18, Halachah 3. As Yevamot 36a states, the women themselves may not marry a priest, but their daughters may. Nevertheless, their daughters may marry into the priesthood as an initial and preferred option.34For a female Ammonite is permitted and a third generation Egyptian is permitted.", + "When a challal marries an acceptable woman, his descendants from her are challalim. This also applies to the son of his son's son35We have not used the term grandson or great grandson, because if a female descendant is involved, the next generation are not challalim. and indeed, even for 1000 generations. For the male son of a challal is a challal for all time. If the offspring is female, she is forbidden to marry into the priesthood, because she is a challalah.
When, however, an Israelite marries a challalah, the offspring are acceptable.36Neither the son, nor the daughter are considered challalim. Therefore if one of the offspring is female, she may marry into the priesthood at the outset.", + "Priests, Levites, and Israelites are permitted to marry among each other.37E.g., there is no restriction against a priest marrying the daughter of a Levite or an Israelite. The status of the child is determined by that of the father.38Thus in the instance mentioned in the previous note, the offspring would be considered as priests. [Similarly,] Levites, Israelites, and challalim are permitted to marry among each other and the status of the child is determined by that of the father. [This is derived from Numbers 1:18]: \"And they established the lineage of their families, according to their father's household.\" [Implied is that] the household of one's father is one's family and not the household of one's mother.", + "Levites, Israelites, challalim, converts, and freed servants are permitted to marry among each other. When a convert or a freed servant marries the daughter of a Levite, the daughter of an Israelite, or a challalah, the offspring is an Israelite.39I.e., neither a Levite or a challal. When an Israelite, a Levite, or a challal marry a female convert or a freed maid-servant, the status of the child is determined by that of the father.40Thus the offspring of a Levite are Levites and the offspring of challalim are challalim.", + "We operate under the presumption that all families are of acceptable lineage and it is permitted to marry their descendants as an initial and preferred option.41The Rambam is stating that it is not necessary to investigate thoroughly the lineage of a family before marrying into them. If it is a common presumption that a family is of acceptable lineage, one may marry a family member at the outset. When we know nothing of the lineage of the family, there are some authorities [Remo as quoted by the Tur (Even HaEzer 2)] who maintain that we do question his lineage and require proof that he is acceptable. Others (Rabbenu Asher and Rabbenu Nissim) differ and maintain that even if we do not know anything about a family's lineage, we assume that they are acceptable. See the discussion of the issue by Beit Shmuel 2:3.
The debate concerns the practice in the Talmudic age and in subsequent eras when Jewish observance was strong. At present, particularly in contemporary communities when there are many non-observant Jews and non-halachic divorce and similar problems are rampart, it is customary for Rabbinic courts to be careful and investigate the lineage of people before performing a marriage.
Nevertheless, if you see two families continuously quarreling with each other, you see one family that is always involved with strife and controversy, or you see a person who frequently quarrels with people at large and is very insolent, we suspect [their lineage]. It is fitting to distance oneself from such people for these are disqualifying characteristics.
Similarly, a person who always slurs the lineage of others, casting aspersions on the ancestry of families or individuals, claiming that they are mamzerim, we are suspicious that he himself is a mamzer. Similarly, if he calls others servants, we suspect that he is a servant. For whoever denigrates others, denigrates them with a blemish that he himself possesses.
Similarly, whenever a person is characterized by insolence and cruelty, hating people and not showing kindness to them, we seriously suspect that he is a Gibeonite. For the distinguishing signs of the holy nation of Israel is that they are meek, merciful, and kind. With regard to the Gibeonites, [II Samuel 21:2] states: \"The Gibeonites are not of the Jewish people.\" For they acted extremely brazenly and would not be appeased. They did not show mercy to the sons of [King] Saul, nor did they show kindness to the Jews to forgive the descendants of their king,42As mentioned in the notes to Chapter 12, Halachah 23, as related in II Samuel, ch. 21, there was a famine for three years in Eretz Yisrael. Through prophetic vision, David learned that the reason for the famine was Saul's oppression of the Gibeonites (exactly what Saul did to oppress them is a matter of discussion among the Rabbis). David asked the Gibeonites what they desired to be appeased for this oppression. They answered that they wanted to slay seven of his descendants. David handed over seven of Saul's descendants to them and they hung them and left their corpses on the gallows. For this act of cruelty, David decreed that they should never marry among the Jewish people. while [the Jews] had shown them kindness and allowed them to live.43Joshua, Chapter 9, relates that after the Jews' conquest of Jericho and Ai, the inhabitants of Gibeon:
Acted cunningly... They took old sacks upon their donkeys, old and rent wine bottles... old, worn and patched shoes... and came to Joshua at Gilgal. They told him:... \"We have come from a distant country. Therefore, make a covenant with us.\" Joshua made a covenant with them... and the princes of the congregation swore to them.
After the ruse was discovered, Joshua and the people honored the covenant and allowed the Gibeonites to live. Moreover, they even came to their defense when they were attacked by other Canaanite nations.
", + "When [the purity of] a family's [lineage] has been disputed, i.e., two individuals testify44The Beit Shmuel 2:6 cites the opinion of Rashi (Kiddushin 76a) which maintains that even if the two people cast aspersions on the family's lineage without delivering formal testimony, such investigations must be made. that a mamzer or a challal has intermingled with that family or there are servants among them,45We are not concerned that a servant intermingled among them, for even if a servant did conceive a child with a woman from a priestly family, the child is acceptable. Our suspicion is that one of the priests had relations with a maid-servant and she bore him a son or daughter who was raised as a member of the priest's family (Chelkat Mechokek 2:2). the matter is questionable. If the family are priests, one should not marry a woman from them until he46See Halachah 21and notes which discuss whether a woman is required to make such an investigation or not. investigates the lineage of four - actually eight47I.e., the obligation is to check the lineage of four women: her mother, the mother of her maternal grandfather, her paternal grandmother, and the paternal grandmother of her paternal grandfather. Nevertheless, to verify the acceptability of the lineage of these women, it is necessary to verify that their mothers are also of acceptable lineage, thus reaching a total of eight (Rabbenu Nissim).- of her maternal ancestors: her mother, her maternal grandmother, the mother of her maternal grandfather, the maternal grandmother of her maternal grandfather. Similarly, he must investigate the lineage of her paternal grandmother, the mother of her paternal grandmother, the mother of her paternal grandfather, and the mother of the mother of her paternal grandfather.", + "If the family whose lineage was disputed were Levites or Israelites, it is necessary to check [the lineage of] another pair of women. Thus one must check ten maternal ancestors.48I.e., one must add the mother of her maternal grandmother and the maternal grandmother of her paternal grandmother (Merkevet HaMishneh).
The Maggid Mishneh questions the Rambam's statements, noting that from Kiddushin 76a, it would appear that one would have to check the lineage of twelve or sixteen women.
[The rationale is that unacceptable people] intermarry among Levites and Israelites more frequently than among priests.", + "Why is it necessary to check the lineage only of the woman's maternal [ancestors]? Because whenever men argue with each other, one will malign the other with a blemish that exists in his lineage. Thus if he was unacceptable, the matter would have been made known.49I.e., after the blemish was mentioned in quarrels, it would become a matter of public knowledge and investigated accordingly. Women, by contrast, do not malign [each other] with regard to blemishes in their lineage.50Hence, their blemished lineage would not be public knowledge.", + "Why must a man make an investigation when he desires to marry a woman from a family concerning whom the presumption of acceptable lineage has been impaired and yet a woman who desires to marry into this family is not required to make an investigation? Because woman of acceptable lineage were not warned against marrying [men of] unacceptable lineage.51The Rambam's statements (based on his interpretation of Kiddushin 76b) have attracted the attention of the commentaries who raise a basic question: The prohibition against marrying an unacceptable partner (e.g., a mamzer) applies equally to men and women (see Chapter 1, Halachah 1). Why then is a woman not warned with regard to this matter?
The Maggid Mishneh (quoting Rashi's commentary to Kiddushin 76a) states that here, the Rambam intent is that since the Torah did not forbid a woman of the priestly family from marrying a challal, our Sages did not require a woman to make an investigation even when there is a question whether her future husband is entirely unacceptable.
According to Rashi who interprets \"disputing a family's lineage\" (Halachah 18) as merely casting aspersions, this interpretation is tenable. After all, we have no hard and fast evidence that the man's lineage is unacceptable. But according to the Rambam, who defines that term as referring to testimony delivered in court, the original question remains. Since there is a firm possibility that a Scriptural prohibition is involved, why shouldn't a woman be required to make an investigation? Among the resolutions offered is that of the Chelkat Mechokek 2:5 is that the Rambam would require an investigation even when a woman desires to marry. Nevertheless, the investigation need not include all of the eight (or ten) women mentioned by the Rambam. Such thoroughness is required only when a man seeks to marry.
See the gloss of the Maggid Mishneh to Halachah 18 and the Chelkat Mechokek 2:3 which cite differing opinions which also require a woman to make a full-fledged investigation of the lineage of a man she desires to marry if there are questions concerning his lineage.
", + "Whenever a person is called a mamzer, a netin a challal, or a servant and he remains silent, we suspect [the lineage of] him and his family52We assume that he would not remain silent when his lineage is slurred unless there was some truth to the assertions.
The Ra'avad states that the Rambam's statement (taken from Ketubot 14b) held true only in the Talmudic era when a person who insulted a colleague's lineage was placed under a ban of ostracism. Hence when a person remained silent instead of appealing to the court, we could assume that he was admitting to the accuser's assertion. In the present era, by contrast, there is no punishment given for making such slurs. Hence, the insulted person would have no benefit in bringing the matter to the court's attention. Accordingly, it is preferable to remain silent.
The Ramban and the Rashba explain that the Rambam's words apply with regard to a family concerning which there already exist doubts with regard to their lineage. When, by contrast, their lineage is considered unblemished, it is preferable for them to remain silent. Rabbenu Nissim states that the insulted person's silence is considered significant only when it is common for him to protest other matters. If, however, he usually remains silent, the fact that he does so in this situation as well is of no consequence. The Shulchan Aruch (Even HaEzer 2:4) quotes the Rambam's words and the Rama quotes the latter views.
and do not marry women from this [family] unless an investigation was made as we explained.53As explained in Halachot 18-19. The investigation is sufficient to clarify any difficulties, for the suspicion created by his silence is not a more serious factor than the testimony of the witnesses mentioned in Halachah 18 (Maggid Mishneh).", + "When there is a suspicion that a person concerning whom there is a question whether he is a challal married into a family,54I.e., there is a report that a man of questionable status married into a family, but the identity of that man and that of his wife are not known. every widow from that family is forbidden to a priest at the outset.55One might think that because of the multiple doubt involved the woman would be permitted at the outset. Nevertheless, because of the stringency of the laws of proper lineage, this leniency is not taken. [After the fact,] if she married [a priest], she need not be divorced because there are two questions involved: Maybe this is the widow of that challal56And as is stated in Chapter 18, Halachah 1, a woman who engaged in relations with a challal is forbidden to the priesthood. or maybe it is not? Even if you say that she was his widow, maybe he was a challal or maybe he was not?57Since there is a multiple doubt (sefek sefeikah), the woman is permitted.
If, however, a person who was definitely a challal married into a family, every woman58I.e., both widows and daughters (Kessef Mishneh). from that family is forbidden to a priest until he conducts an investigation. If he marries [such a woman without an investigation], she must be divorced. The same laws59I.e., the first clause applies to a person's whose status as a mamzer is a matter of question and the second clause to whose unacceptable status is definite (Kessef Mishneh).
In his Kessef Mishneh, Rav Yosef Caro mentions opinions that rule more stringently and forbid marriage even when there is a report that a person about whom a question was raised whether or not he is a mamzer married into a family. In his Shulchan Aruch (Even HaEzer 2:5), however, he quotes the Rambam's view.
apply if a person regarding whom there is a question whether he is a mamzer or a person who is definitely mamzer became intermingled in the family. For the same prohibition applies to the priesthood with regard to the wife of a challal and the wife of a mamzer, as we explained.60Chapter 18, Halachah 1." + ], + [ + "[The status of] all of the priests of the present era1When the priests do not serve in the Temple and there is no Sanhedrin to verify their lineage. is accepted on the basis of a prevailing assumption.2I.e., they are regarded as priests by people at large even though there is no definite proof of their lineage. They may only eat sacred food that is eaten [within] the boundaries [of Eretz Yisrael],3I.e., in contrast to sacrificial meat which may be eaten only in the Temple courtyard or within the city of Jerusalem depending on the type of sacrifice involved. provided it is terumah mandated by virtue of Rabbinic decree [alone].4As explained in Halachah 3, in the present age, the mitzvah of terumah has the status of a Rabbinic commandment. As reflected by the commentaries to Hilchot Terumah 2:1, according to the Rambam, Scriptural Law requires us to separate terumah from all types of produce usually eaten by humans. The mitzvah does not apply only to the grain, grapes, and olives singled out by Deuteronomy 18:4. [Even] terumah mandated by Scriptural Law and challah mandated by Scriptural Law, by contrast, may be eaten only by a priest whose lineage is established.", + "What is meant by a priest whose lineage is established? Anyone concerning whom two witnesses5Note the Maggid Mishneh who elaborates, explaining that although generally, the testimony of one witness is sufficient with regard to issues involving Scriptural prohibitions, an exception is made with regard to terumah. testify that he is a priest, the son of so-and-so the priest, and the descendant of so-and-so the priest, extending back until we reach a person whose lineage need not be checked, i.e., a priest who served at the altar. [Such a person's lineage need not be verified, because] were the High Court not to have made investigations about him, they would not have allowed him to perform service [in the Temple].6See the conclusion of the tractate of Middot and Hilchot Bi'at HaMikdash 6:11, which describes the manner in which the lineage of the priests was checked.
Accordingly, we do not investigate the lineage of anyone who served at the altar or who served on the Sanhedrin. For only priests, Levites, and Israelites of acceptable lineage are appointed to the Sanhedrin.7See Hilchot Sanhedrin 2:1.", + "In the present era, even in Eretz Yisrael,8As the Rambam explains in Hilchot Bikkurim 5:5,7, in the Biblical era, there was a distinction between the mitzvah of challah as observed in Eretz Yisrael and as observed in the Diaspora. For according to Scriptural Law, the mitzvah applies only in Eretz Yisrael. challah does not have the status of a Scriptural commandment. [This is derived from Numbers 15:18:] \"When you come into the land....\"9The continuation of the verse describes the mitzvah to separate challah. [Implied is when] all of you enter and not when only a portion enter.10As the Rambam explains in Hilchot Terumah 1:26 and Hilchot Beit HaBechirah 6:16, after the conquest of Eretz Yisrael by Assyrians and the Babylonians the sanctity of the land was nullified and there was no obligation to keep the agricultural laws of Eretz Yisrael. When Ezra led the people back to Eretz Yisrael after the 70 years of the Babylonian exile, the majority of the people did not accompany him. (Moreover, he did not conquer the land.) Hence, his sanctification of Eretz Yisrael was not sufficient to meet the requirements of Scriptural Law. Nevertheless, he and his court ruled that those mitzvot should be observed as a Rabbinic ordinance.
This reflects the Rambam's view. Although other Rishonim (Ra'avad, Rav Moshe HaCohen) differ and maintain that Ezra's settlement of the land was sufficient to sanctify it according to Scriptural Law, the Rambam's approach is accepted by most authorities.
When Ezra ascended [to Eretz Yisrael], the entire people did not ascend.
Similarly, in the present era, terumah is a Rabbinic commandment.11The Rambam maintains that the laws regarding terumah and the tithes are derived from those applying to challah (Kessef Mishneh to Hilchot Terumah 1:26). Therefore it is eaten by the priests of our era [whose lineage is established merely] by presumption.", + "When two witnesses testify that they saw a person partaking of terumah mandated by Scriptural Law, his lineage is established. We do not elevate a person [to the level that his priestly] lineage is [considered as] established based on the fact that he delivers the Priestly Blessing [to the people], reads the Torah first,12In the Talmudic era - as is still the practice in certain communities - when a person was given an aliyah, he would read the Torah himself, rather than have it read for him by others. or is given terumah in the granaries,13Although all of these practices are signs of the priesthood, we do not consider them as conclusive evidence of a priest's lineage. or because of the testimony of one witness.", + "When a priest whose lineage was established says: \"This son of mine is a priest,\" we do not consider [the son as a priest whose] lineage is established14The Maggid Mishneh explains that the Rambam's words could be interpreted to mean that the child is considered a priest with regard to marriage. Nevertheless, he does not possess the advantage of being considered of established lineage unless testimony is given. on the basis of his statement unless he brings witnesses who testify that the child is his son.15The father's statement is, however, sufficient to have considered as a priest with regards to matters applicable in the present age, as stated in Halachah 10.", + "[The following laws apply when] a priest whose lineage has been established departs to another country together with his wife whom we know to be of acceptable lineage. If he comes together with her and children who relate to them as parents and says: \"This is the woman who departed together with me and these are her children,\" he does not have to bring witnesses to testify about the woman or the children.
[If he says:] \"She died and these are her children,\" he must bring witnesses who testify that these are his children.16More precisely, that they are the sons borne him by his deceased wife. He need not bring witnesses that his wife was of acceptable lineage, for her status as being acceptable was already established when she departed from us.", + "When a priest whose lineage was established goes out to another country and comes together with his wife and his sons, saying: \"I married this woman and these are her sons,\" he must bring proof that the woman is acceptable. He does not have to bring witnesses that these are her sons, provided the children relate to her as a mother.
If he comes together with two wives and brings proof regarding one, he is required to bring proof about the sons, even though the children are young and relate to her as a mother. For perhaps they are the sons of the other women, but relate to the woman whose lineage is established as a mother.", + "If he comes together with sons and says: \"I married a woman and she died. These are her sons,\" he must bring witnesses that the woman was acceptable and that these are her sons.\" These laws also apply with regard to an Israelite of established lineage and a Levite of established lineage. Afterwards, we can testify with regard to this son so that he will be fit for the Sanhedrin.17And his daughters fit to marry priests.", + "We do not elevate a person's lineage [based on mention in] a document to the priesthood. What is implied? If it is stated in a document: \"So-and-so, the priest, borrowed from so-and-so this-and-this amount,\" and witnesses sign below, we do not operate under the assumption that this priest is of acceptable lineage. For perhaps, they signed only with regard to the loan.18And did not pay attention to the fact the person was described as a priest.
With regard to what does the above apply? With regard to considering the person as a priest of acceptable lineage. [Different principles apply] with regard to the presumption that he is a priest like the other priests of the present age and license to partake of terumah and challah mandated by Rabbinic decree and to be given other sacred articles [granted priests within] the boundaries [of Eretz Yisrael].19E.g., the sheep exchanged in place of a donkey, the first shearing of a sheep, and the like. [These privileges are granted on the basis of] mention in a legal document, the testimony of one witness, or the fact that a person recites the priestly blessing or reads the Torah first.", + "Similarly, whenever a priest says: \"My son is a priest,\" his word is accepted with regard to feeding him terumah20This refers even to terumah mandated by Scriptural Law. Ketubot 25b explains that this ruling is based on the principle of miggo. If the priest desired to transgress, he could feed his son terumah without having him declared a priest. See also Halachah 3. and having him accepted as a priest.21To be given an aliyah first and to bless the people. He need not bring proof regarding his sons or his wife.", + "When two people come to a particular city, one says: \"I and my colleague are priests,\" and the other says, \"I and my colleague are priests,\" their word is accepted and they are both considered as priests22For the testimony of one witness is effective. even though it appears that they are in collusion.23And there is room to suspect that each is lying on the others behalf.
Similarly, if one witness says: \"I saw this person recite the Priestly Blessing,\" \"...eat terumah, \"...received terumah in the granary,\" or \"...read first from the Torah and a Levi read after him,\"24If a Levi did not read after him, the fact that he read first is not significant. For perhaps there were no priests present and an Israelite was called instead or he was given the honor because of his stature as a Torah scholar. he is considered a priest on the basis of this statement. Similarly, if one testified that a person read second from the Torah after a priest, he is considered as a Levite.", + "If one delivers testimony in court saying that he saw a person and his brothers divide terumah left to them by their father the priest, we do not consider him a priest because of this testimony. Perhaps he is a challal and took his portion of the inheritance of terumah in order to sell it.", + "In the present era, when a person comes and says: \"I am a priest,\" his word is not accepted and we do not consider him a priest on the basis of his own statements. He should not read from the Torah first, recite the Priestly Blessing,25The Maggid Mishneh explains that the above are forbidden him, because - as stated in Halachah 9 - when an observer sees a person performing such acts, he may consider that person a priest.
Rav Moshe Cohen and the Rama (Even HaEzer 3:1) maintain that, in the present era, it is customary to accept a person's word if he claims to be a priest. For the only serious problem with regard to observance is partaking of terumah and we do not separate terumah in the present age. Note the Chelkat Mechokek 3:1 who raises questions regarding the license for this person to recite the Priestly Blessing. See also the Maggid Mishneh who mentions that this custom was also practiced in his era. He strongly protests against it, calling it \"an erroneous custom.\"
or partake of sacred food that is eaten [within] the boundaries [of Eretz Yisrael] unless there is one witness who corroborates his statements.
He does, however, cause himself to be forbidden [to marry] a divorcee, a zonah, and a challalah; nor may he become impure because of contact with a corpse.26Since he considers himself a priest, it is as if he has taken a vow not to perform these activities. If he marries such a woman or becomes impure, he receives lashes.27The commentaries have questioned this statement, for it has not been formally established that the person is a priest. Nevertheless, since he considers himself a priest, as far as he is concerned, the warning given him will be have been of substance and the punishment deserved. Hence he is given the lashes. The woman is not given lashes, for as far as she is concerned, the matter is not definitely established (Maggid Mishneh). A woman [who may not marry into the priesthood] who engages in relations with him is deemed a challalah of questionable status.28Hence if another priest engages in relations with her, he is not given lashes. Her offspring are also challalim of questionable status and her daughter may not marry into the priesthood (Maggid Mishneh; Chelkat Mechokek 3:3).", + "If the person makes these statements in the course of conversation, his word is accepted.29He is allowed to partake of terumah mandated by Rabbinic decree, for his statements are given the weight of the testimony of one witness.
What is implied? An incident once took place with regard to a person who was speaking in the midst of conversation, saying: \"I remember that when I was an infant and was being carried on my shoulders by father, they took me out of school,30This is proof that he was not a servant, for servants are not taught the Torah (Tosafot, Ketubot 26a). removed my outer garment, and had me immerse in the mikveh to partake of terumah in the evening. My colleagues separated themselves from me and called me: 'Yochanan, who eats challot.' Our holy teacher31Rabbi Yehudah HaNasi. had him considered a priest on the basis of these statements.", + "An adult's word is accepted if he says: \"I remember when I was a child32Generally, for testimony to be valid, the person observing the matter must be acceptable as a witness. In this instance, however, formal testimony is not required. Hence leniency is shown. (See Hilchot Edut 14:3). and I saw so-and-so immerse himself in a mikveh and partake of terumah in the evening.\" He is considered a priest on the basis of this statement.
In the present era, when a person comes and says: \"I am a priest,\" and a witness testifies on his behalf, saying: \"I know that his father is a priest,\" we do not consider him as a priest on the basis of this testimony. [We fear that] perhaps he is a challal.33This applies even if there are no rumors that the person's mother is not acceptable (Maggid Mishneh). The Chelkat Mechokek 3:9 quotes other authorities who are more lenient. Instead, [the witness] must testify that the person himself is a priest. If, however, the father's identity as a priest is an established fact or two witnesses come and testify that the person's father is a priest, because of his father, we assume [that he is a priest].", + "When the identity of a person's father as a priest has been established, but there is a rumor34We are not speaking about mere hearsay, but a rumor that is substantiated by the court. that he is the son of a divorcee or the son of a woman who performed chalitzah, we entertain suspicions and do not treat him as a priest. If one witness comes and testifies that he is acceptable, we treat him as a priest because of his statements.35For the testimony of one witness is powerful enough to negate the rumor. If two witnesses come afterwards and testify that he is a challal, we remove him from the priesthood.36Because the testimony of one witness is of no consequence in the face of the testimony of two witnesses.
If another witness comes and testifies that he is acceptable, we treat him as a priest, because the last witness is joined together with the first.37The fact that the two witnesses do not testify at the same time is not significant (Hilchot Edut 4:4). Thus there are two witnesses testifying that he is acceptable and two testifying that he is unacceptable. Both pairs of witness and the rumor are voided, for two witnesses have the same legal power as 100.38I.e., the intent is that once two witnesses give testimony in court, their statement is given the weight of established fact and needs no further corroboration. Since the statements of the two pairs of witnesses contradict each other, they are both nullified. Nevertheless, the statements of the witnesses who testify that he is acceptable also have the power to nullify the rumor. And the person remains a priest based on the status of his father.39The Maggid Mishneh mentions that there is a difference of opinion among the Rabbis if he is considered acceptable only with regard to terumah mandated by Rabbinic Law or also with regard to terumah mandated by Scriptural Law. The Beit Shmuel 3:14 states that the Rambam is also referring to terumah mandated by Rabbinic Law.", + "[The following law applies] when a woman [remarried] without waiting three months after [the death of] her [first] husband40A woman is required to wait for such an interim so that the lineage of her children will be established definitively. and gave birth. If it is not known whether the child was conceived by the first - and born after nine months - or conceived by the second - and born after seven - and one of them was a priest and the other, an Israelite, the child is a priest of questionable status.
Similarly, if a son of a priest became intermingled with a child of an Israelite41I.e., as infants, the identity of the children became confused and the doubt was never clarified. and they grow to maturity, they are both considered priests of questionable status. They must observe the stringencies incumbent on Israelites and the stringencies incumbent on priests: They may only marry women fit to marry into the priesthood. They may not become impure through contact with the dead, nor may they partake of terumah. If they marry a divorcee, they are forced to divorce and they do not receive lashes.42They are not given lashes, because it is not certain that they violated a Scriptural commandment. They should, however, be given \"stripes for rebellious conduct,\" because of their disregard of the restrictions the Rabbis placed upon them [Perisha (Even HaEzer 3)].", + "[The following rules apply] if the sons of two priests become intermingled or the wife of a priest married a second priest without waiting three months after the death of her first husband and it is not known whether the child was conceived by the first - and born after nine months - or conceived by the second - and born after seven. The stringencies that would apply as if he was the son of both men must be observed: He must observe the rites of aninut43This term refers to the state of acute morning that applies immediately after the death of one's close relative. See Hilchot Evel 4:6. It is particularly relevant to priests, for one is forbidden to serve in the Temple or partake of sacrificial foods in a state of aninut (Hilchot Bi'at HaMikdash 2:6-10 ). because of [both44Yevamot 100b notes a difficulty in the use of the plural in both this and the following clause. Since the ordinary way the mother of this priest could have married a second priest is when her first husband died, how is it possible to speak about the son mourning for that first husband or that first husband mourning for him?
The Talmud answers that this is speaking about a situation where the mother thought she was consecrated to the first husband, but in fact was not. This is not considered a licentious relationship warranting the stringencies mentioned in the following halachah. A formal divorce, however, is not required and hence the woman may marry another priest.
The Maggid Mishneh explains that according to the Rambam, one can also interpret the passage as referring to a woman whose father died in her childhood and who was married by Rabbinic decree. Until she attains majority, she may dissolve that marriage through the rite of mi'un. In such an instance, a formal divorce is not required. If she conceives a child, dissolves her marriage, and then marries another priest, the situation mentioned in this halachah may apply.
of] them45For perhaps that person is his father. Rashi (Yevamot, loc. cit.) interprets this statement as referring to the restrictions placed upon priests for aninut. Since it is possible that the person who died is his father, he should not risk the violation of a Scriptural commandment. With regard to the customs concerning aninut mentioned in Hilchot Evel (one of them being that one does not perform any of the Torah's mitzvot), by contrast, Kinat Eliyahu raises a question: Should one refrain from performing a mitzvah because perhaps the person who died was his father? and they [both] observe the rights of aninut because of him.46For perhaps he is their son. He may not become impure because of them, nor may they become impure because of him.47There is a Scriptural prohibition against a priest becoming impure. That prohibition does not apply when one is certain that the person who died is one's relative. In this instance, however, neither the father or son is certain. He may serve in the priestly watch48The priests were divided into 24 watches. Each one would serve in the Temple for a week in a cycle of rotation (Hilchot K'lei HaMikdash 4:3). This priest has the right to serve during the week allotted to both of the individuals suspected of being his father. of both of them, but does not receive a portion.49In this instance, we are speaking of expropriating property (a share in the sacrifices) from the other priests. Hence we follow the principle: When a person seeks to expropriate property, the burden of proof is upon him. If they are both from the same priestly watch and the same beit av,50Each priestly watch was divided into seven batei av, family groupings, who would serve in the Temple one day of the seven (Hilchot K'lei HaMikdash 4:11). he receives one portion.51For he is certainly entitled to one portion.", + "When does the above apply? When the relationships with both [priests] involve marriage. If, however, one is a licentious relationship, our Sages decreed that [the son's] priestly privileges are suppressed entirely, because he does not have definitive knowledge of the identity of his father. [This is supported by Numbers 25:13]:52Yevamot, loc. cit., explains that this interpretation is not of Scriptural origin. Instead, the law is a Rabbinic decree. Our Sages, however, found a Biblical verse that supported their ruling. \"He and his descendants who follow him will possess [the covenant of priesthood].\" [Implied is that] his descendants will be able to trace their identity to him.", + "What is implied? There were ten priests. One of them departed and engaged in relations [with a woman without revealing his identity]. The son is definitely a priest.53Because all the individuals suspected of being his father were priests. Nevertheless, since he does not know his father's identity and cannot trace his lineage to him, his priestly privileges are suppressed entirely. He may not serve [in the Temple], partake [of sacrificial foods], or receive an allotment [from the sacrifices]. If, however, he becomes impure because of contact with a corpse or he marries a divorcee, he receives lashes, for there is no question of leniency.54For he is definitely a priest and must observe the prohibitions incumbent upon them." + ], + [ + "Whoever shares physical intimacy with one of the ariyot without actually becoming involved in sexual relations or embraces and kisses [one of them] out of desire1Compare to Halachah 6. and derives pleasure from the physical contact should be lashed2As evident from Halachah 3, although such acts are forbidden whenever sexual relations are prohibited, lashes are given only when the woman is one of the ariyot (Maggid Mishneh). according to Scriptural Law. [This is derived from Leviticus 18:30 which] states: \"To refrain from performing any of these abominable practices,\" and [ibid.:6 which] states: \"Do not draw close to reveal nakedness.\" Implied is that we are forbidden to draw close to acts that lead to revealing nakedness.3The verse teaches that not only is undesirable sexual conduct itself forbidden, but also preliminary acts that lead to such conduct.
This teaching is significant from a theoretical perspective. Our Sages teach (Avot 1:1): \"Make a fence around the Torah,\" i.e., enact prohibitions to safeguard Scriptural prohibitions and prevent them from being violated. Our Rabbis, however, question if there is a concept of \"making a fence\" in Scriptural Law, i.e., are there prohibitions that exist solely to prevent one from violating more severe prohibitions?
It would appear that this prohibition would fall into that category (see Halachah 4). Why are these acts of closeness forbidden? Because most likely they will lead to intimacy. One may, however, explain that these acts of closeness are, in and of themselves, \"abominable practices,\" and hence, forbidden.
The above discussion is relevant according to the Rambam's approach. The Ramban [Hasgot to Sefer HaMitzvot (mitzvah 353) differs and does not consider the prohibition mentioned here of Scriptural origin. Instead, he views it as a Rabbinic safeguard, \"a fence\" instituted by the Rabbis to protect Scriptural Law.
", + "A person who engages in any of the abovementioned practices is considered likely to engage in forbidden sexual relations.
It is forbidden4The Maggid Mishneh considers the following as Rabbinic safeguards. The Beit Shmuel 21:2 mentions opinions which consider some as having a Scriptural source. for a person to make motions with his hands or feet or wink with his eyes to one of the ariyot, to share mirth with her or to act frivolously with her.5As Avot 1:5 teaches: \"Mirth and frivolity habituate a person to immorality.\" It is even forbidden to smell her perfume6In his Commentary to the Mishnah (Sanhedrin 7:4), the Rambam quotes the Pesikta Rabati, ch. 25, which interprets the commandment lo tinaf, as \"Do not take forbidden pleasure with your nose.\" or gaze at her beauty. A person who performs any of these actions intentionally should be given stripes for rebellious conduct.
A person who looks at even a small finger of a woman with the intent of deriving pleasure is considered as if he looked at her genitalia. It is even forbidden to hear the voice of a woman forbidden as an ervah or to look at her hair.", + "These matters are [also] forbidden with regard to women with whom relations are forbidden on the basis of [merely] a negative commandment.
It is permitted to look at the face of an unmarried woman and examine [her features] whether she is a virgin or has engaged in relations previously to see whether she is attractive in his eyes so that he may marry her. There is no prohibition in doing this. On the contrary, it is proper to do this.7For if a person does not look at a woman before he marries her, he may have an unpleasant surprise afterwards (Kiddushin 41a). The Ra'avad suggests that a pious person should rely on the opinion of others rather than looking at his intended himself, but the Shulchan Aruch (Even HaEzer 21:3) quotes the Rambam's view. One should not, however, look in a licentious manner. Behold [Job 31:1] states: \"I established a covenant with my eyes; I would not gaze at a maiden.\"", + "It is permitted for a person to gaze at his wife8Indeed, a woman may adorn herself during this time so that she will not appear unattractive to her husband (Chapter 11, Halachah 19). when she is in the niddah state9This applies only to portions of her body which are usually revealed. He should not look at those portions that are usually covered (Ra'avad). although she is an ervah [at that time]. Although his heart derives satisfaction from seeing her, since she will be permitted to him afterwards, he will not suffer a lapse. He should not, however, share mirth with her or act frivolously with her lest this lead to sin.", + "It is forbidden for a man to have any woman - whether a minor or an adult, whether a servant or a freed woman - perform personal tasks for him, lest he come to lewd thoughts.
Which tasks are referred to? Washing his face, his hands, or his feet,10This applies even if the woman does not actually touch him [Shulchan Aruch (Even HaEzer 21:5)]. spreading his bed in his presence,11Implied is that outside one's presence, this is permitted. and pouring him a cup. For these tasks are performed for a man only by his wife.12For they all suggest a certain measure of intimacy. Compare to Chapter 11, Halachah 19.
When commenting on the quotation of these laws by the Shulchan Aruch, the Rama mentions certain leniencies, e.g., if the tasks are performed in a public place, if there is no indication of closeness involved.

[A man] should not send greetings to a woman at all, not even via a messenger.13Our translation is based on the gloss of the Maggid Mishneh who explains that it is permitted to inquire concerning a woman's welfare.", + "When a man embraces or kisses any of the women forbidden to him as ariyot despite the fact that his heart does not disturb him concerning the matter,14I.e., he has no fear that this closeness will lead to intimacy. e.g., his adult sister, his mother's sister, or the like, it is very shameful. It is forbidden15Nevertheless, if one has no pleasure or desire, the act is not punished by lashes [the Rambam's Commentary to the Mishnah (Sanhedrin 7:3)]. and it is foolish conduct. [This applies] even if he has no desire or pleasure at all. For one should not show closeness to a woman forbidden as an ervah at all, whether an adult or a minor, except a woman to her son and a father to his daughter.16The Chelkat Mechokek 21:10 adds that one may show physical closeness to one's granddaughter and to one's infant sister.", + "What is implied? A father is permitted to embrace his daughter, kiss her, and sleep with her with their bodies touching17I.e., even unclothed. and a mother may do the same with her son as long as they are young. When they grow and become mature18In Hilchot Keriat Shema 3:19, the Rambam mentions that the children must also reached the age of majority, thirteen for boys and twelve for girls. In our translation, however, we have focused on the physical characteristics, because the Chelkat Mechokek 21:12 emphasizes that this is what is of primary importance. with the girl's body becoming developed,19The Rambam borrows the wording of Ezekiel 16:7 which literally means \"her breasts are developed and her hair has grown.\" they should each sleep in clothing.
If the daughter is embarrassed to stand before her father naked or she married,20The Maggid Mishneh states that this applies even if she is merely consecrated. and similarly, if the mother was embarrassed to stand before her son naked, even if [the children] are minors, when one reaches the point when one is ashamed [of being naked] in their presence, they should sleep together only when clothed.21Even when children reach the stage when they and their parents are required to sleep together while clothed, their parents are still allowed to embrace them and kiss them (Beit Shmuel 7:15).", + "Lesbian relations are forbidden. This is \"the conduct of Egypt\" which we were warned against, as [Leviticus 18:3] states: \"Do not follow the conduct of Egypt.\" Our Sages said:22Sifra, commenting on the above verse. What would they do? A man would marry a man, a woman would marry a woman, and a woman would marry two men.
Although this conduct is forbidden,23By Scriptural Law. The verse is not merely cited as support for a Rabbinic injunction. lashes are not given for it, for it is not a specific prohibition24As stated in Sefer HaMitzvot (negative commandment 353), this is a general prohibition, including all types of forbidden sexual behavior. As stated in Hilchot Sanhedrin 18:2-3, lashes are not given for the violation of prohibitions that are of a general nature. and there is no intercourse at all. Therefore such women are not forbidden to marry into the priesthood as zonot, nor does a woman become prohibited to her husband because of this,25As would apply were this to be considered as adultery. for this is not considered harlotry. It is, however, appropriate to give them stripes for rebellious conduct26This represents a change of opinion from his statements in his Commentary to the Mishnah (Sanhedrin 7:3) where he writes that even according to Rabbinic Law, no punishment should be given. because they performed a transgression. A man should take precautions with his wife with regard to this matter and should prevent women who are known to engage in such practices from visiting her and her from visiting them.", + "A man's wife is permitted to him. Therefore a man may do whatever he desires with his wife. He may engage in relations whenever he desires, kiss any organ he desires,27The Beit Shmuel 25:1 quotes many authorities who forbid a man from kissing his wife's genitalia. engage in vaginal or anal intercourse or engage in physical intimacy without relations, provided he does not release seed in vain.28See Halachah 18.
Nevertheless, it is pious conduct for a person not to act frivolously concerning such matters and to sanctify himself at the time of relations, as explained in Hilchot Deot.29In Hilchot Deot, ch. 3, the Rambam elaborates on the concept that all of a person's actions, even his sexual conduct, must be for the sake of heaven. In Chapter 5, Halachot 4-5, the Rambam elaborates on refined habits of sexual conduct. He should not depart from the ordinary pattern of the world. For this act was [given to us] solely for the sake of procreation.30In his Commentary to the Mishnah (Sanhedrin 7:3), the Rambam writes:
The intent of sexual relations is the preservation of the species and not only pleasure. The aspect of pleasure was introduced only to motivate the created beings toward that ultimate goal....
The proof of this is that desire and pleasure cease after ejaculation; this was the entire goal for which our instincts were aroused. If the goal were pleasure, satisfaction would continue as long as man desired.
", + "A man is forbidden to engage in relations by candlelight.31The point of the laws mentioned in this halachah is that one should not look at one's wife while engaging in relations. If, on the Sabbath,32When it is a mitzvah to engage in relations. he did not have another room and there is a light burning, he should not engage in relations at all.33If one can cover the light or create a partition in front of it in a manner permitted on the Sabbath, there is no prohibition [Chelkat Mechokek 25:4; Rama (Orach Chayim 240:11)].
Similarly, it is forbidden for a Jew to engage in relations during the day, for this is brazen conduct. If he is a Torah scholar, who will not be drawn after this, he may create darkness with his garment and engage in relations. One should not, however, adopt this measure unless there is a great need.34I.e., one feels very aroused (Magen Avraham 240:25). It is the course of holy conduct to engage in relations in the middle of the night35In Hilchot Deot 5:4, the Rambam gives a rationale that at this time a person's food will have been digested and yet, he will not be overly hungry. The commentaries to Nedarim 20b explain that in this manner, the man and his wife will have forgotten all their daytime concerns and will be able to focus their attention on each other and the holiness of the experience.", + "Our Sages do not derive satisfaction from a person who engages in sexual relations excessively and frequents his wife like a rooster. This reflects a very blemished [character]; it is the way underdeveloped people conduct themselves. Instead, everyone who minimizes his sexual conduct is praiseworthy, provided he does not neglect his conjugal duties36See Hilchot Ishut, ch. 14, which explains the frequency of the conjugal duties a husband has to his wife. This factor is dependent on the nature of the husband's work and the manner in which it taxes him. without the consent of his wife. The sole reason while originally it was ordained that a person who had a seminal emission should not read from the Torah until they immerse themselves37See Hilchot Kriat Shema 4:8 which explains that originally, Ezra enacted such a decree for the reason mentioned by the Rambam. Afterwards, our Sages checked and saw that this decree had never fully spread throughout the Jewish community. Hence they nullified it. was to minimize sexual conduct.", + "Similarly, our Sages38Nedarim 20b. forbade a person from engaging in relations with his wife while his heart is focused on another woman. He should not engage in relations while intoxicated, nor while quarreling, nor out of hatred. He should not engage in relations with her against her will when she is afraid of him.39See Hilchot Deot 5:4-5 which states:
[Relations should be conducted] amidst their mutual consent and joy. He should converse and dally with her somewhat, so that she will be relaxed. He should have intercourse [with her] modestly and not boldly.... Whoever conducts himself in this manner [may be assured that] not only does he sanctify his soul, purify himself, and refine his character, but furthermore, if he has children, they will be handsome and modest, worthy of wisdom and piety.
Nor when one of them is placed under a ban of ostracism. He should not engage in relations [with his wife] after he made the decision to divorce her. If he does so,40I.e., exhibits any of the undesirable behaviors described above. The rationale is, as explained in Avodat HaKodesh and other sources, a person's intent at the time of sexual relations has a major effect in determining the character of his children. the children will not be of proper character. There will be those who are brazen and others who are rebellious and sinful.", + "Similarly, our Sages said41Nedarim, loc. cit.. that whenever an audacious woman demands relations verbally, a man seduces a woman for the sake of marriage, he had the intent of having relations with his wife Rachel and instead, engages in relations with his wife Leah, or a woman does not wait three months after the death of her husband and gives birth to a son whose identity is questionable,42As stated in Hilchot Gerushin 11:16, whenever a woman is divorced or widowed, she should wait 90 days before remarrying, so that the identity of her child's father will be clearly established. all of the children born in these situations will be rebellious and sinful who will be purified by the sufferings of exile.", + "It is forbidden for a man to engage in relations with his wife in the marketplaces, streets, gardens, or orchards. Instead, [a couple should be physically intimate] only in a home, so that they will not appear as licentious relations and will not habituate themselves to licentious relations.43For surrendering oneself to one's desires without control within the context of marriage may lead one to surrender oneself to one's desires outside the context of marriage. When a man engages in relations with his wife in such places, he should be given stripes for rebellious conduct. Similarly, when a man consecrates a woman via sexual relations,44According to Scriptural Law, a person may consecrate his wife by engaging in relations with her. Nevertheless, our Sages forbade such a practice because of its immodest nature (Hilchot Ishut 3:21). consecrates her in the market place or consecrates her without there being an engagement beforehand, he is given stripes for rebellious conduct.45As Hilchot Ishut, ibid.::22 continues, the latter two practices were forbidden as a safeguard to lewd conduct. Our Sages feared that if women would be consecrated in this manner, the people would look at marriage and intimacy in a much baser manner.", + "A visitor is forbidden to engage in relations until he returns home. Our Sages46Kiddushin 12b. forbade a man from dwelling in his father-in-law's home,47For an extended period of time. Needless, to say, there is no difficulty with making a short visit.
With regard to both this and the previous law, the Ra'avad writes that if the couple are given a separate room and they use their own bedspreads, there is no prohibition. The Maggid Mishneh writes that in practice, many people follow this approach, although he does not see a source for this leniency in the Talmud. The Chelkat Mechokek 25:6 and the Beit Shmuel 25:7 quotes the Ra'avad's view.
for this is brazen conduct. Nor should he enter a bathhouse with him.", + "A person should not enter a bathhouse with his father, his sister's husband, nor with his student.48Lest this arouse undesirable thoughts [Rashi, Pesachim 51a; see Rama (Even HaEzer 23:6)]. If he needs his student [to assist him], it is permitted. There are places where people followed the custom that two brothers would not enter a bathhouse at the same time.", + "Jewish women should not walk in the marketplace with uncovered hair. [This applies to] both unmarried49I.e., a widow or a divorcee. A woman who never married may wear her hair uncovered (Chelkat Mechokek 21:2). and married women. Similarly, a woman should not walk in the street with her son following her. [This is] a decree, [enacted so that] her son not be abducted and she follow after him to bring him back and she be molested by wicked people who took hold of him as a caprice.", + "It is forbidden to release sperm wastefully.50When stating this prohibition, Shulchan Aruch (Even HaEzer 23:1) adds: \"This transgression is more severe than any of the sins in the Torah.\" Therefore a person should not enter his wife and ejaculate outside of her.51See the commentaries to Genesis, ch. 38, which relate that this was the sin of Judah's two sons: Er and Onan. They married Tamar, but did not desire that she become pregnant. Hence they did not release their sperm within her. Their sin angered God and He caused them to die. A man should not marry a minor who is not fit to give birth.52For in essence, whenever the couple engage in intercourse, he will be releasing sperm without purpose, because she is not old enough to become pregnant. Niddah 13b states that those who marry minors hold back Mashiach's coming.
It must be emphasized that if a man does marry a minor, he is permitted to engage in relations with her [Rama (Even HaEzer 23:5)]. Similarly, relations are permitted in other instances where they will not lead to pregnancy: e.g., when the woman is already pregnant, directly after birth, or she is past menopause. Since a man has conjugal duties to his wife, he is not allowed to ignore them even though she will not become pregnant.

Those who, however, release sperm with their hands, beyond the fact that they commit a great transgression, a person who does this will abide under a ban of ostracism. Concerning them, it is said: \"Your hands are filled with blood.\" It is as if they killed a person.", + "It is forbidden for a person to intentionally cause himself to have an erection or to bring himself to [sexual] thoughts. If a [sexual] thought comes to his mind, he should divert his heart from profligate and destructive matters to the words of Torah53See Chapter 22, Halachah 21. See also Avot D'Rabbi Nattan 20:1 which implies that this is not merely a matter of will power and mind control. Instead, directing one's attention to the Torah awakens spiritual influences which prevent a person's attention from focusing on sexual thoughts. which are \"a beloved hind, arousing favor.\"54This analogy for the Torah is taken from Proverbs 5:19. For this reason, it is forbidden for a person to sleep on his back with his face upward,55Needless to say, it is forbidden for one to sleep on his belly. Instead, he should turn to the side slightly so that he will not develop an erection.", + "One should not look at animals, beasts, and fowls at the time the males and females are coupling. It is, however, permitted for a breeder of livestock to insert a male animal's organ in a female's. Since he is working in his profession, he will not be motivated to [sexual] thoughts.", + "Similarly, it is forbidden for a man to look at woman while they do laundry. It is even forbidden to look at the colored56Our translation follows the authoritative manuscripts and early printings of the Mishneh Torah. This also follows the text of Avodah Zarah 20b, the Rambam's apparent source. The standard printed text of the Mishneh Torah employs a slightly different version. garments of a woman one knows,57When quoting this law, the Shulchan Aruch (Even HaEzer 21:1) clarifies that it applies even when the woman is not wearing the garments. The clothes themselves may prompt the man's imagination. lest one be motivated to [sexual] thoughts.", + "When a person encounters a woman in the street, it is forbidden for him to walk behind her.58For watching her body might arouse him. Instead, he should hurry and [position himself so that] she is at his side or behind him. Whoever walks behind a woman in the marketplace is one of the frivolous of the common people.
It is forbidden to pass the entrance of a harlot without distancing oneself four cubits, as [Proverbs 5:8] states: \"Do not come close to the entrance of her home.\"", + "It is forbidden for an unmarried man to extend his hand to his testicles, lest he be stimulated to [sexual] thoughts. Indeed, he should not extend his hand below his navel, lest he be stimulated to [sexual] thoughts. If he urinates, he should not hold the shaft of his organ while urinating. If he is married,59Even if his wife is not together with him (Beit Shmuel 23:4). this is permitted. Whether he is married or not, he should not extend his hand to his organ at all, except when he has to urinate.60See Shulchan Aruch (Orach Chayim 3:14) which grants a man permission to hold himself below the corona of his organ, for this does not stimulate him sexually.", + "One of the pious men of the early eras and the wise men of stature prided himself in that he never looked at his male organ. Another said with pride that he had never contemplated his wife's physical form.61See Shabbos 118b, 53b. For their hearts would be diverted from profligate matters to the words of truth which take hold of the hearts of the holy.", + "Among our Sages' commands is that a person should marry off his sons and daughters close to the time they reach physical maturity.62I.e., directly after a youth becomes thirteen (Chelkat Mechokek 1:3). For were he to leave them [unmarried], they may be motivated to promiscuity or sexual thoughts. Concerning this was applied the verse [Job 5:24]: \"Scrutinize your dwelling and you shall not sin.\"63I.e., having foresight with regard to one's children's sexual behavior will prevent sin. See the conclusion of Hilchot Sotah where the Rambam cites the same verse in a different - although somewhat related - context.
It is forbidden to marry a woman to a minor, for this is comparable to promiscuity.64According to Scriptural Law, a man cannot consecrate a woman until he reaches the age of thirteen and demonstrates signs of physical maturity. Hence, if a couple are married beforehand, all relations are comparable to promiscuity. See Chelkat Mechokek, loc. cit. and Beit Shmuel 1:4 who discuss certain views that maintain that it is permitted to marry beforehand.", + "A man is not permitted to abide without a wife.65Lest he be prompted to sexual thoughts. He should not marry a barren woman or an elderly woman who is not fit to bear children.66This certainly applies before the man has fulfilled the obligation to be fruitful and multiply (i.e., he fathered a boy and a girl). Even after he has fulfilled that mitzvah, he should marry a woman capable of bearing children [Hilchot Ishut 15:7, 16; Shulchan Aruch (Even HaEzer 1:8)]. In the latter situation, however, there is room for certain leniencies.
A woman is permitted not to marry at all or to marry a eunuch. 67For she is not bound by the commandment of procreation. A young man should not marry an elderly woman, nor an elderly man, a young woman, for such conduct leads to promiscuity.68We assume that the difference in age will lead to a lack of sexual harmony and cause the man and/or woman to seek fulfillment outside of marriage.", + "Similarly, a person who divorced his wife after they were married69If, however, the woman was merely consecrated, the couple will not have shared familiarity and there is less grounds for suspicion, as mentioned at the conclusion of the halachah. should not live in the same courtyard as she, lest this lead to promiscuity.70In the Talmudic era, the custom was to build blocks of homes that opened up to a communal courtyard. Several of these courtyards would open up to a single lane. If a man and his divorcee would dwell in a single courtyard - and even in a single lane - they would meet each other on a frequent basis. In such a situation, we fear that the familiarity that they shared in the past might lead them to be intimate.
Rav Moshe HaCohen and others question the Rambam's ruling, noting that as long as the woman has not remarried, there is no prohibition against relations between the couple. They cite the standard text of Ketubot 27b which reads \"A woman should not marry in his neighborhood.\" They maintain that the prohibition applies only when the woman remarries. She and her new husband should not dwell near her previous husband lest this lead to adultery.
The Shulchan Aruch (Even HaEzer 119:7) quotes the Rambam's wording. The Rama, however, mentions that if a woman remarries, she should not dwell in the same lane as her ex-husband even if he is not a priest.
If he was a priest, he should not dwell in the same lane as she.71Since he is also bound by the prohibition against relations with a divorcee, there are more severe restrictions. A small village is considered as a lane.
If he owes her a debt, she should appoint an agent to demand payment from him.72Rather than demand payment herself. In this way, they will share less contact. When a divorcee and her ex-husband come [to court] for a judgment, we place them under a ban of ostracism or subject them to stripes for rebellious conduct.73For one of them should have appointed an agent so that they would avoid meeting each other.
If, however, a woman was divorced [merely] after consecration, she may summon him to court and dwell near him.74Since they never lived together, we do not fear that meeting each other will lead to intimacy. If they shared extensive familiarity, this is forbidden even if [they were divorced merely] after consecration.
Who is forced to move? She is forced to move because of him.75This applies if the home belongs to the husband and even if the woman also owns a home in that courtyard or the couple's home was rented (Chelkat Mechokek 119:27). Ketubot 28a explains that it is more difficult for a man to leave his home than it is for a woman. If the courtyard belongs to her, he is forced to move because of her.", + "A person should not marry a woman with the intent to divorce her, [as alluded to by Proverbs 3:29]: \"Do not devise evil against your loved one, one who dwells securely with you.\" If he notifies her at the outset that he is marrying her only for a limited time, it is permitted.76In this instance, she is not \"dwelling securely,\" because she was informed of the temporary nature of the relationship from the outset. See Yevamot 37b which gives the example of several Sages who would marry women for brief periods of times after informing them beforehand.
See also the Chelkat Mechokek 119:1 and the Beit Shmuel 119:1 which debate whether it is proper for a man to engage in relations with his wife in such a situation. For as stated in Halachah 12, a man should not engage in relations with his wife if he intends to divorce her.
", + "A person should not marry one woman in one country and another woman in another country, lest this situation continue for a long time and [ultimately,] a brother may marry his sister, the sister of his mother, or the sister of his father and the like without knowing.77Since they live apart from each other, it is possible that they will not know of the other's existence. If they visit that other locale, they may marry a relative without knowing of the family connection. If [the man with two wives] is a person of stature whose name is known and whose descendants are well known and celebrated, it is permitted.78For then, it will be unlikely that his descendants will intermarry unknowingly.", + "A man should not marry a woman from a family of lepers, nor from a family of epileptics, i.e., that it has been established on three occasions that the descendants of this family have this malady.", + "When a woman was married to two husbands and they both died, she should not marry a third [man].79For we fear that he will die as they did. See the Rama (Even HaEzer 9:1) who mentions certain leniencies concerning this situation. If she did marry, she need not be divorced.80The commentaries cite the Biblical narrative concerning the marriage of Judah's sons to Tamar (Genesis, ch. 38) as proof of these laws. At the outset, Judah did not want her to marry his third son. After he had relations with her, however, he married her and continued living with her as man and wife. Indeed, even if he merely consecrated her, he may consummate the marriage.
An unlearned81The term am haaretz which we translated as \"unlearned\" has broader implications. As indicated by the following halachah, it also has the connotation of one who is not careful in the observance of the mitzvot and whose character is unrefined and underdeveloped. Israelite should not marry the daughter of a priest. For this is comparable to the desecration of Aaron's seed. If they marry, our Sages said82Pesachim 49b. that their marriage will not be propitious. Instead, they will die without children, either he or she will die in the near future, or there will be strife between them.83The commentaries note that Pesachim, op. cit., states \"it will lead to poverty.\" Some resolve the differences by explaining that poverty will lead a family to strife. When, by contrast, a Torah scholar marries the daughter of a priest, this is attractive and praiseworthy, [joining] the Torah and the priesthood as one.", + "A person should not marry the daughter of an unlearned person. For if he dies or is exiled, his children will grow up unlearned, since their mother is not knowledgeable regarding the crown of Torah.84I.e., we can assume that his wife will return to her family and that the children will be raised according to the prevailing atmosphere in that home. From the statements of Rama (Even HaEzer 2:6), we can conclude that if an unlearned person is precise in his observance of the mitzvot, these words of caution do not apply. Nor should he give his daughter to an unlearned person in marriage. For anyone who gives his daughter to an unlearned person is like one who bound her and placed her before a lion. He will strike her and engage in relations and has no shame.
A person should sell everything that he has [so that] he can marry the daughter of a Torah scholar. For if he dies or is exiled, his children will grow up as Torah scholars. And he should marry his daughter to a Torah scholar for there is no shameful conduct or strife in the home of a Torah scholar." + ], + [ + "It is forbidden to enter into privacy with any of the woman forbidden as ariot,1This prohibition also includes woman with whom relations are forbidden merely by a negative commandment (Beit Shmuel 22:1). even if she is elderly or a young girl,2And thus there is no apparent motivation toward sexual relations. for this leads to forbidden relations. [The only] exceptions are a woman and her son, a father and his daughter, and a husband with his wife who is in the niddah state.3See the Chelkat Mechokek 22:1 and the Beit Shmuel, loc. cit. which cite opinions that maintain that a man is permitted to enter into privacy with his sister in a temporary situation.
When a bridegroom's wife menstruates before he engages in relations with her, it is forbidden for him to enter into privacy with her.4Since the couple have never engaged in relations, we fear that they will not be able to control their desire. Hence we require them to take this added safeguard. Instead, she should sleep among [other] women and he should sleep among [other] men.5See Rama (Yoreh De'ah 192:4) who discusses this issue in depth, mentioning several stringencies and leniencies. He states the prevailing custom is for a young boy to accompany the groom and a young girl to accompany the bride. Every person should check with a competent Rabbinic authority with regard to the custom followed in their community. If they engaged in relations once and afterwards, she became impure, he is permitted to enter into privacy with her.", + "Jewish men were not suspected of engaging in relations with men or with animals. Hence, there is no prohibition against entering into privacy with them.6The Shulchan Aruch (Even HaEzer 24:1) writes that homosexuality had become prevalent in his community and hence, it was deemed appropriate not to enter into privacy with other men. The Bayit Chadash states that in places where this transgression is not widespread, there is no need for taking such precautions. If, however, a person distances himself from entering into privacy even with a male or an animal, it is praiseworthy. Sages of great stature would distance themselves from animals so that they would not be alone with them.7See Kiddushin 81b.
The prohibition against entering into privacy with woman forbidden as ariot has been transmitted by the Oral Tradition.8Kiddushin 80b states that \"there is an allusion to the prohibition against entering into privacy in the Torah.\" The Rambam understands that to mean that the prohibition was conveyed by the Oral Tradition and our Sages found an allusion for it in the Torah. The Tur (Even HaEzer 22), however, follows the opinion of Tosafot who maintains that the prohibition is of Scriptural origin.", + "When the incident concerning Amnon and Tamar occurred,9As II Samuel, ch. 13, relates: Amonon, David's oldest son, lusted for Tamar, his half-sister. He feigned illness and asked that Tamar serve him a meal. While she was serving him, he raped her. David and his court decreed a prohibition against entering into privacy with an unmarried woman. Although an unmarried woman is not an ervah, such an act is considered as entering into privacy with an ervah. Shammai and Hillel decreed a prohibition against entering into privacy with gentiles.10In that era, there already were more substantial social conduct between Jews and gentiles and our Sages felt that there was a need for further safeguards.
Thus when anyone enters into privacy with a woman, whether Jew or gentile, with whom such an act is forbidden, both the man and the woman are given stripes for rebellious conduct and an announcement is made concerning them.11Publicizing their misconduct so that the shame will further inhibit a future recurrence. An exception is made with regard to a married woman. Although it is forbidden to enter into privacy with her, if one does enter into privacy with her, corporal punishment is not administered12The simple meaning of the Rambam's words is that lashes are not administered at all, neither to the man or the woman. The Bayit Chadash (Even HaEzer 22), however, states that punishment should be administered to the man, for it is not necessary to mention the woman with whom he transgressed. lest a rumor be initiated that she committed adultery. Thus a rumor might spread that her children are mamzerim.", + "Whenever a man is forbidden to enter into privacy with a woman, this act is permitted if he is accompanied by his wife, for his wife will guard him [against transgression]. A Jewish woman should not enter into privacy with a gentile man even if his wife is with him. For a gentile's wife will not guard him [against transgression] and they have no shame.13And there is the possibility that he will engage in relations with her in the presence of his wife.", + "Similarly, a Jewish child should not be entrusted to a gentile with the intent that he teach him to read or teach him a craft, for all gentiles are suspect to engage in homosexual relations. Similarly, we do not house an animal in an inn belonging to gentiles, not even a male in an inn with males and a female in an inn with females.14For we fear that the gentiles will engage in sexual misconduct. See Halachah 7.", + "We do not entrust an animal, beast, or fowl to a gentile shepherd, not even a male animal to a male shepherd and a female animal to a female shepherd, because they are all suspect to sodomize animals. We have already explained15Chapter 14, Halachah 10. that [gentiles] are forbidden to engage in homosexuality or sodomy. And [Leviticus 19:14] states: \"Do not place a stumbling block before the blind.\"16As interpreted by Avodah Zarah 6b, et al, this verse is a command not to place a person in a situation where he is likely to sin. By placing an animal belonging to him in the gentile's possession, the Jew is making it possible for him to sin.", + "Why do we not entrust a female animal to a female gentile? For [all gentiles] are assumed to be promiscuous and when a gentile man will come to sleep with this gentile woman, it is possible that he will not find her and instead, sodomize the animal. Or even if he does find her, he may sodomize the animal.", + "One woman should not enter into privacy even with many men17For we fear that she will enter into relations with one or more of the men in the presence of the others.
The Rama (Even HaEzer 22:5) states that a woman may enter into privacy with two upright men in a city, but not in a field, and only during the day, but not at night).
unless the wife of one of them is present.18For in that instance, she will guard him, as stated in Halachah 4. Nor will the other woman engage in relations in her presence, for it is likely that she will publicize the matter (Kessef Mishneh). Similarly, one man should not enter into privacy even with many women,19For in this instance as well, there is the possibility that they will engage in relations. The Rama (loc. cit.) gives permission for many [three (Chelkat Mechokek 22:11) women to enter into privacy with one man, provided his profession does not involve contact with women. But when there are many women together with many men, we do not show concern for the prohibition against entering into privacy.20In such a situation, it is highly unlikely that the people will engage in relations.
If the men were outside and the women were inside or if the men were inside and the women were outside, and one woman - or one man - separated themselves and joined the group of the other sex, the prohibition against entering into privacy applies.
Even a man whose business and profession [brings him into contact] with women21E.g., one who sells clothes or perfumes to women. is forbidden to enter into privacy with them. What should he do? He should involve himself with them while accompanied by his wife or turn to another profession.", + "It is permitted to enter into privacy with two yevamot, two wives of the same man, a woman and her mother-in-law, or a woman and her husband's daughter, a woman and her husband's daughter, or a woman and her mother-in-law's daughter. [The rationale is that] these women hate each other and will not conceal the other's [misdeeds].22Hence the women will be frightened to engage in sexual relations, for they know the matter will become public knowledge. Similarly, it is permitted to enter into privacy with a woman who is accompanied by a young child old enough to understand what sexual relations are, but who would not engage in relations herself. [The rationale is that the woman] would not act promiscuously in the presence of this child, for she will reveal her secret.", + "It is permitted to enter into privacy with a female child less than three years old and a male child less than nine years old. For [our Sages] only issued decrees concerning entering into privacy with a woman fit to engage in relations and a male fit to engage in relations.23And this does not apply below the ages mentioned in the halachah.", + "An androgynus24A person with both male and female sexual organs. may not enter into privacy with women.25For he has a sexual drive for relations with women (Beit Shmuel 22:16). If he does, he is not given physical punishment, because his status is doubtful. A man may enter into privacy with an androgynus or a tumtum.26A tumtum refers to a person whose genitalia are covered by a block of flesh and it cannot be determined whether he is a male or female. A male is permitted to enter into privacy with these individuals, because he does not have a sexual drive for anyone other than an actual woman (ibid.).", + "When a married woman's husband is in the [same] city, she need not be concerned about [the prohibition against] entering into privacy with another man, because she will be impressed by the fear of her husband.27She will fear that at any particular time, her husband will come. Hence she will never commit adultery. If a man is overly familiar with her, e.g., they grew up together or she is his relative, she should not enter into privacy with him even if her husband is in the same city.28Because this familiarity may cause her to overstep the bounds of modesty even when her husband is in the city.
Whenever a man enters into a room with a woman, but there is a door29The later commentaries explain that open windows are also sufficient. open to the public thoroughfare, we are not concerned about [the prohibition against] entering into privacy.30Since it is possible for the two to be seen by passersby, they will not transgress.", + "An unmarried man should not teach young children, because the mothers come to the school because of their sons and thus he will be tempted by women.31This applies even in a situation where there is no question of the teacher entering into privacy with the mothers (Beit Shmuel 22:21). Similarly, a woman32This refers to an unmarried woman or one whose husband is out of town. Otherwise, there is no prohibition against entering into privacy (Chelkat Mechokek 22:21). should not teach young boys, because their fathers come because of their sons and thus they will enter into privacy with her. A teacher does not have to have his wife together with him in school,33To avoid the prohibition that stems from his being tempted by women. It is sufficient that she be at home, while he teaches in his place.34According to the Maggid Mishneh, this leniency applies even if the teacher's wife is in another city. As long as he is married, there is no prohibition. The Chelkat Mechokek 22:21 and the Beit Shmuel 22:22 differ and conclude that this leniency applies only when the man's wife lives in the same city where he teaches. If she lives in another city, it is forbidden.", + "Our Sages ordained that women speak to each other while in a lavatory,35The Rama (Even HaEzer 22:13) states that this refers to outhouses in the fields (which was the custom in the Talmudic era), but not to outhouses in the city (which had become the custom in his time). Needless to say, it does not apply in the present age when the lavatories are in the privacy of buildings. so that a man will not enter there and thus be alone with them.", + "We do not appoint even a faithful and observant person to be a guard of a courtyard where women live. [This applies] even if he stands outside, for there is no guardian against promiscuity.36I.e., No matter how upright the person's character, there is the possibility that frequent exposure to women will lead him to undesirable relations.
It is forbidden for a person to appoint a supervisor over his home so that he does not lead his wife to sin.37We fear that if another man was placed in charge of a person's home, he would have frequent contact with the owner's wife and there is the possibility that ultimately the two will commit adultery. As Berachot 63a states: \"Had Potiphar not appointed Joseph as the supervisor of his home, that incident (Potiphar's wife attempted seduction of Joseph) would never have occurred.\"", + "It is forbidden for a Torah scholar to dwell in a courtyard where a widow lives even though he does not enter into privacy with her lest suspicions arise38I.e., people at large will suspect that they are sharing a relationship.
The Ra'avad differs with the Rambam's ruling, explaining that what was forbidden was to dwell with her in the same home. There are no restrictions against dwelling in the same courtyard. According to the Rambam, dwelling in the same home temporarily is permitted as long as one does not enter into privacy with her. The Maggid Mishneh supports the Rambam's interpretation.
unless his wife is with him. Similarly, a widow should not raise a dog because of the suspicions that might arise. Nor should a woman purchase male servants - even minors - because of the suspicions that may arise.39I.e., people will gossip that she is intimate with the dog or the servants. In Hilchot Avadim 9:6, the Rambam mentions this restriction only with regard to servants nine years old or above. See the notes to that halachah.", + "We do not relate the hidden matters40Rashi (Chagigah 11b) interprets this as referring to those matters which are not explicit in the Torah. concerning forbidden sexual conduct to three students. [The rationale is that] one will be absorbed in questioning the teacher, the other two will be debating the matter back and forth and will not be free to listen. Since a person's mind is aroused by sexual matters,41The Rambam, based on Chagigah, loc. cit., is explaining why there is a difference between the laws concerning forbidden sexual conduct and those involving other matters. if a doubt arises concerning something he heard, he may [in error] rule leniently. Therefore, we teach only to two. In this manner, the one listening will focus his attention and recall what he will hear from the teacher.", + "There is nothing in the entire Torah that is more difficult for the majority of people to separate themselves from than sexual misconduct and forbidden relationships. Our Sages said:42Sifri, Parshat Bahaaloscha; Shabbat 130b. When the Jews were commanded regarding forbidden sexual relations, they wept and accepted this mitzvah with complaints and moaning, as implied by the phrase: \"Crying among their families,\" [which is interpreted as meaning]: \"Crying about family matters.\"", + "Our Sages said:43Makkot 23b. A person's soul desires and craves theft and forbidden sexual relations. You will never find a community that does not have some people who are promiscuous regarding forbidden relationships and prohibited sexual conduct. Moreover, our Sages said:44Bava Batra 165a. Most people trespass with regard to theft; a minority with regard to forbidden sexual conduct, and all with regard to the shade of undesirable gossip.45This term refers to remarks concerning a colleague that are not actually lashon hara, unfavorable gossip, but which border on that type of speech. See Hilchot De'ot, ch. 7, for a more precise discussion of this issue.", + "Therefore it is proper for a person to subjugate his natural inclination with regard to this matter and train himself in extra holiness, pure thought, and proper character traits so that he will be guarded against them.
He should be very careful with regard to entering into privacy with a woman, for this is a great cause [of transgression]. Our great Sages would tell their students:46See Kiddushin 82b who quotes Rabbi Tarfon and Rabbi Meir as making such statements. It continues, relating that one of his students mocked Rabbi Meir for making such statements. Shortly afterwards, it was discovered that this student committed adultery with his mother-in-law. \"Watch me because of my daughter,\" \"Watch me because of my daughter-in-law,\" so that they would teach their students not to be embarrassed about such matters and distance themselves from entering into privacy with women.", + "Similarly, a person should distance himself from levity, intoxication, and flirtation,47Our translation is based on the words of Rama (Even HaEzer 25:1) and Chelkat Mechokek 25:1. for they are great precipitators and steps [leading] to forbidden relations.
A man should not live without a wife, for this practice leads to great purity.48While married, he will have the opportunity for ordinary male-female relationships and will not develop pent up feelings that seek expression in forbidden relations. And [our Sages gave] even greater [advice], saying:49Kiddushin 30b. \"A person should always turn himself and his thoughts to the words of the Torah and expand his knowledge in wisdom, for the thoughts of forbidden relations grow strong solely in a heart which is empty of wisdom.\" And in [Solomon's words of] wisdom [Proverbs 5:19], it is written: \"It50The Torah. See Eruvin 54b which explains the analogy in detail. is a beloved hind, arousing favor. Her breasts will satisfy you at all times. You shall be obsessed with her love.\"" + ] + ], + "versions": [ + [ + "Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007", + "https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI" + ] + ], + "heTitle": "משנה תורה, הלכות איסורי ביאה", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Kedushah" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file