A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Nida 33A - 33B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
May 13, 2008
Duration
52:52

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The Mishnah states that the Kutim, a group considered quasi-converts who were not meticulous in observing the laws of ritual purity and impurity, render a lower resting place impure just like an upper one. The Gemara immediately questions the meaning of "lower like upper." Does it mean that if a Kuti sits on the top of ten cushions, all ten cushions become impure? This interpretation is dismissed as obvious, as it is a standard halachic principle for a person with a discharge (a Zav) that anything he places his weight upon becomes impure. Such a ruling would not be a novel teaching.

The Gemara then clarifies that the Mishnah refers to a Kuti as having the status of one who had relations with a menstruating woman (a Bo'el Nida). A Bo'el Nida is ritually impure according to the Torah. The Mishnah's novel teaching is that a Kuti's lower resting place has the status of "what a Zav carries" (Aliyono Shel Zav). To understand this, we must review the laws of a Zav. A Zav himself is a primary source of impurity (an Av Tum'ah). Anything he sits on also becomes an Av Tum'ah, capable of rendering a person or vessel impure. However, "what a Zav carries" – an item he touches or carries, such as on his back or shoulder – does not become an Av Tum'ah. Instead, it becomes a first-degree derivative of impurity (a Rishon LeTum'ah). A Rishon LeTum'ah can only render food and drink impure, not people or vessels.

Thus, the Mishnah teaches that the resting place of a Kuti is a Rishon LeTum'ah, just like Aliyono Shel Zav. This means it can only render food and drink impure. The Gemara asks how we know that Aliyono Shel Zav is merely a Rishon LeTum'ah and not an Av Tum'ah, like his sitting place. The answer comes from a scriptural verse: "And everything that is under him shall become impure." The term "under him" (tahtav) can refer to what he sits or stands upon, or it can refer to something he carries, meaning the item is above him while he is underneath it. The Gemara concludes that the verse refers to what he carries on his shoulder. The verse states "it shall become impure" (yitma). The Gemara asks why this impurity would not be an Av Tum'ah, like a resting place. The Torah's use of a separate phrase, "it shall become impure," for what he carries, distinguishes it from the more severe impurity of a resting place. This separation (niteko) indicates a lower level of impurity, a Rishon LeTum'ah, which only affects food and drink.

Rashi clarifies that the verse "and he who carries them shall immerse his clothes and bathe in water" indicates that the impurity of what is carried is less severe than that of a resting place. The Gemara further challenges this, asking why the downgrade should be so drastic as to make it only a Rishon LeTum'ah. Perhaps it's a lower level of impurity that still affects people's clothes, but not the people themselves, unlike an Av Tum'ah. The Gemara responds that the specific phrasing "it shall become impure" (yitma) in this context signifies a "light impurity" (tum'at kalah), meaning a Rishon LeTum'ah that only renders food and drink impure. The repetition of the word yitma in the verse, in a context where it could have been omitted or placed at the end of a longer phrase, serves to differentiate this lighter impurity from the more severe one.

Next, the Gemara seeks to prove that the lower resting place of a Bo'el Nida is a Rishon LeTum'ah. The Torah states that the impurity of the menstruating woman (Nida) is "upon him" (alav). This implies that his impurity is similar to hers. A Nida herself is an Av Tum'ah. What she lies on also becomes an Av Tum'ah. One might therefore assume that what a Bo'el Nida lies on also becomes an Av Tum'ah. However, the verse explicitly states, "And every bed upon which he lies shall become impure." The Gemara argues that this phrase is superfluous, as the general statement "her impurity is upon him" would have sufficed. The Torah's specific mention of his bed becoming impure, after stating her impurity is upon him, serves to "detach" (niteko) his bed's impurity from the severe impurity of a Nida's bed. Thus, his bed becomes a Rishon LeTum'ah, not an Av Tum'ah.

A similar challenge is raised: why such a drastic downgrade? Perhaps it's a lower level of impurity that still affects clothes, but not people, unlike an Av Tum'ah. The Gemara again relies on the word yitma, which implies a lighter impurity, a Rishon LeTum'ah, affecting only food and drink. The Gemara then considers an alternative interpretation based on the rule of "general and specific" (klal u'prat). The phrase "her impurity is upon him" is a general statement. The phrase "and every bed upon which he lies shall become impure" is a specific one. This structure would imply that only his bed becomes impure, and nothing else. However, this interpretation is rejected because the phrase "and he shall be impure for seven days" breaks the proximity between the general and specific statements, preventing the application of the klal u'prat rule. Furthermore, the term "every bed" (kol mishkav) is itself a general term, not a specific one, making the klal u'prat rule inapplicable.

The Gemara offers another approach: perhaps "her impurity is upon him" means that anything she touches or sits on becomes impure, and similarly, anything he touches or sits on becomes impure. However, this is rejected because the word "upon him" (alav) implies a stringency, making his impurity similar to hers, not a leniency. It's a weight of impurity on him, not a lighter form.

The discussion then returns to the Mishnah's premise: all Kutim are considered Bo'alei Nida. This is because Kuti women are lenient with regard to certain blood colors, treating any color as impure. While this might seem like a stringency, it leads to leniency in practice. For example, if a Kuti woman sees green blood on Monday and red blood on Tuesday, she should count seven clean days from Tuesday. However, treating green blood as impure, she might start her count from Monday, leading her to immerse in a ritual bath (Mikveh) a day early. Consequently, her husband would have relations with her while she is still a Nida. Thus, their "stringency" leads to a practical leniency that results in impurity.

Another reason for their problematic status is their method of counting clean days. For a woman with a discharge (a Zavah), the law requires seven full clean days. If she makes a ritual cessation of bleeding (Hefsek Tahara) on Tuesday afternoon, Wednesday is her first clean day. Kuti women, however, count Tuesday as day one. This means they immerse a day early. The Gemara asks why this is problematic, given the rule that "a part of the day is like the whole day" (miktsat hayom k'kulo). If a part of Tuesday can be counted as a full day, then their practice should be acceptable.

The Gemara explains that the rule of miktsat hayom k'kulo does not apply to a Zav who sees a seminal emission (Shechvat Zera). If a Zav is counting seven clean days and sees Shechvat Zera, his count is paused. If miktsat hayom k'kulo applied, even if he saw Shechvat Zera in the morning, the rest of the day would be considered clean, and his count would not be interrupted. The Gemara initially suggests that the Torah's case of losing a day refers to seeing Shechvat Zera right before sunset, where miktsat hayom k'kulo would not apply. However, this is deemed an overly specific interpretation to save the rule. Ultimately, the Gemara concludes that for a Zav, the rule of miktsat hayom k'kulo does not apply, and therefore seeing Shechvat Zera at any point in the day interrupts the count. Similarly, Kuti women's practice of counting the day of Hefsek Tahara as day one is considered a deviation, leading them to immerse early and their husbands to become Bo'alei Nida. This is why their resting places and what they touch are considered problematic.

The Gemara then shifts to a related discussion: if a Zav's count is paused by Shechvat Zera, what about a Zavah who experiences Shechvat Zera? Does it pause her seven-day count? A Zavah cannot have relations during her impurity. If she does, and Shechvat Zera is later emitted from her body, it could potentially interrupt her count. The question is whether the emission of Shechvat Zera from a woman is considered an act of seeing (riyah) like blood, or merely a contact impurity. Rami Bar Hama poses this question, but the Gemara dismisses it as ill-conceived. It argues that Shechvat Zera cannot interrupt a woman's count for seven days, as that would make her worse than the man from whom the Shechvat Zera came. Nor can it interrupt for one day, because a Zavah's seven days must be consecutive, without any breaks. Therefore, Shechvat Zera cannot affect a Zavah's count at all.

Rami Bar Hama clarifies his question: for a man who is a Zav, the count is only interrupted by another act of Zav-like discharge, not by Shechvat Zera. However, if Shechvat Zera does cause a pause, then his question about a Zavah is valid. The Gemara concedes that a Zav's count can indeed be paused by Shechvat Zera, and therefore Rami Bar Hama's question regarding a Zavah remains a valid query, left unanswered by the Gemara.

The discussion then moves to an incident involving a Kuti. The Mishnah in Nida states that if someone wears a shirt that a Kuti stepped on and then enters the Temple (Beit HaMikdash), they are considered impure. However, if they touched consecrated food (Terumah) while wearing such a shirt, the Terumah is not burned, because the impurity is only a doubt (tum'ah mesepek), not a certainty (tum'ah vadai). Terumah is only burned for certain impurity. A scholar named Rav Shmuel was asked a contradiction from a Mishnah in Taharot, which lists six types of doubts for which Terumah *is* burned. One such case is if Terumah touches the clothes of an ignoramus (Am Ha'aretz). The Sages decreed that the clothes of an Am Ha'aretz are impure with a midras impurity (impurity from pressure), because their wives might have sat on them while menstruating. Since a Kuti is also an Am Ha'aretz, why is Terumah not burned when it touches a Kuti's clothes, but it is burned when it touches an Am Ha'aretz's clothes?

The answer given was that the Mishnah in Nida refers to a Kuti who is a "fellow" (Kuti Haver), meaning he is meticulous in observing the laws of purity. Such a Kuti would ensure his wife does not sit on his clothes while she is a Nida. Therefore, his clothes are not considered impure with a midras impurity, and the Terumah is not burned. Rav Shmuel was astonished by this answer, as the very premise of the Mishnah in Nida is that Kutim are Bo'alei Nida (they have relations with their wives while they are Nida). How could a Kuti Haver be a Bo'el Nida?

The Gemara suggests a different resolution to the contradiction. Instead of claiming the Kuti is a Haver, it could be said that the Mishnah refers to a Kuti who has just emerged from a Mikveh. If he has immersed, then his clothes would not be impure. However, this is also problematic. Even if he emerged from a Mikveh, there are still doubts: perhaps he had relations within the last seven days, or perhaps his wife was a Nida and he immersed prematurely. These are all doubts, leading back to the original premise that the impurity is a doubt, and therefore Terumah is not burned. The simplest explanation for why Terumah is not burned in the case of the Kuti is the accumulation of doubts: perhaps his wife was not a Nida in the first place, or perhaps he waited the full seven days and is pure. These layers of doubt mean the impurity is not certain, and thus Terumah is not burned.