** Special Message from Agudath Israel**
We are just hours away from the scheduled execution, Rachmona litzlan, of Martin Grossman, Michoel Yechiel ben Miriam Sorah.
I wish I would have positive news to report, but the best I can say at this time is that there is still hope his life can be spared. His lawyers have a legal motion pending before the U.S. Supreme Court, on which the Court is expected to rule by the morning. The effort to persuade Florida Governor Charlie Crist to stay the execution and grant him a new clemency hearing also continues on a variety of fronts.
Our Gedolei Yisroel have asked us to do whatever we can to help save our brother's life. Therefore, at this moment of ne'ilas she'arim, let us continue to let the Governor know how strongly we feel about this matter. Please, even if you have already contacted his office, call ... this morning at 850- 488-5603 to respectfully request that Martin Grossman's life be spared. (Note: This is a different number than the one we circulated last week; we are told that the other number, 850-488-7146, may not be operative at this time.)
The community's response to this tragic situation has been nothing short of overwhelming. May our display of ahavas Yisroel, together with our ongoing tefillos, find favor in the Eyes of the King of all kings, in whose Hands the hearts of all earthly leaders reside.
Chaim Dovid Zwiebel
Agudath Israel
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Today's Halacha:
The Torah in the beginning of Parashat Tazria establishes the Halacha of “Tum’at Leda” – the status of impurity that comes upon a woman after childbirth. If the child is a boy, then this status lasts for seven days; after the birth of a girl, the woman remains Teme’a (ritually impure) for fourteen days. The status of “Tum’at Leda” shares the Halachic properties of “Tum’at Nidda” – the status of impurity that results from menstruation. Hence, physical contact between a woman and her husband is forbidden for seven days after the birth of a boy, and for fourteen days after the birth of a girl. Even in the theoretical case of a woman who did not experience any bleeding after childbirth, she may not engage in relations with her husband for one or two weeks, depending on the child’s gender. After this period has passed, she may, in principle, immerse in a Mikveh and reunite with her husband, provided that she observed the usual process of “Shib’a Nekiyim” (the “seven clean days”) with the required inspections. A woman cannot become Tehora (ritually pure) within seven days of the birth of a boy or fourteen days of the birth of a girl, even if she did not experience any bleeding, observed the “Shib’a Nekiyim” and immersed. (Practically speaking, of course, women in any event generally experience bleeding well after childbirth and do not resume marital relations until their examination six weeks after birth.)
In presenting the Halacha of “Tum’at Leda,” the Torah writes, “A woman who conceives and gives birth…” (“Isha Ki Tazria Ve’yaleda Zachar” – Vayikra 12:2). The Sages inferred from this association between conception and birth that the Halacha of “Tum’at Leda” applies only if the birth occurred in the same place as conception – meaning, if the birth was natural. In the case of a Caesarean section, where the child was surgically removed from the woman’s stomach, the Halacha of “Tum’at Leda” does not apply. In principle, therefore, a woman who gave birth through a C-section is not Teme’a at all, and the birth does not affect the permissibility of physical contact with her husband.
The question arises as to whether a woman is considered Nidda if she gave birth via Caesarean section only after experiencing labor pains. The Gemara establishes the rule of “I Efashar Liftihat Ha’keber Be’lo Dam,” which means that bleeding is presumed to occur once the woman enters advanced stages of labor. When a woman in labor reaches the point where she can no longer walk without assistance, or if she finds it necessary to call a midwife in anticipation of delivery, she is presumed a Nidda from that point, even though no blood was sighted. Seemingly, then, a woman who reached this point of labor is considered a Nidda even if she ultimately gave birth via C-section.
Hacham Ovadia Yosef, however, in his work Tahorat Habayit, rules that if no blood was sighted prior to the operation, the woman is not considered Nidda even though she had reached advanced stages of labor before the Caesarean procedure. He claims that bleeding is presumed to occur only if the woman ultimately gives birth naturally. If, however, the birth ultimately takes via Caesarean section, then we do not assume that the woman had bled during labor. Therefore, if a woman did not experience any bleeding during labor and eventually underwent a C-section, she is not considered a Nidda, and contact with her husband is permissible. If, however, bleeding occurred during labor, such as if the woman’s water broke, then she is considered a Nidda regardless of whether she gave birth naturally or via C-section. It should be noted that since there is no “Tum’at Leda” in this case, she may, theoretically, immerse already a week after childbirth, even if the baby was a girl.
Summary: A woman who gave birth naturally is considered a Nidda from the advanced stages of labor, and physical contact with her husband is forbidden until she completes the usual process of “Shib’a Nekiyim” and immersion in a Mikveh. In the case of the birth of a girl, she cannot become permissible through immersion until two weeks after childbirth. (Practically speaking, of course, women in any event generally experience bleeding for several weeks after childbirth.) In the case of a Caesarean birth, the woman is permissible to her husband unless she experienced bleeding during labor, in which case she becomes a Nidda and must undergo the usual process of “Shib’a Nekiyim” and immersion.
