Babylonian Talmud: Tractate Niddah

Folio 63a

WHAT IS MEANT BY 'TASTELESS SPITTLE'. One taught:²  That of a man who tasted nothing since the previous evening. R. Papa intended to explain before Raba [that this bears the same meaning] as when one says that he had tasted nothing in the evening.³  But Raba⁴  pointed out to him: Does it say 'in the evening'?³  It only says, 'Since the previous evening',⁵  thus excluding only the case of one who got up early⁶  and ate.⁷  Rabbah b. Bar Hana citing R. Johanan stated: What is meant by tasteless spittle? [That of a person] who spent half a night in sleep.⁸  This then implies that the quality of spittle⁹  depends on sleep. But have we not learnt:¹⁰  If a man slept all day his is no tasteless spittle and if he was awake all night it is tasteless spittle?¹¹  — There¹²  it is a case, where one was in a state of drowsiness.¹³  What state of drowsiness is hereby to be understood? — R. Ashi replied: Where a man is half asleep and half awake;¹⁴  when addressed he answers but is unable to give any rational reply, and when he is reminded of any thing he can recall it.

One taught: If a man rose up early in the morning and studied his lesson, his is no tasteless spittle.¹⁵  But for how long?¹⁶  — R. Judah b. Shila citing R. Ashi who had it from R. Eleazar replied: For a period during 'which¹⁷  can be uttered the greater part of one's usual talk in the course of three hours.

THE LIQUID OF CRUSHED BEANS? — PASTE MADE OF CRUSHED BEANS etc. May it be suggested that this¹⁸  provides support for Resh Lakish; for Resh Lakish said: There must be tasteless spittle with each of the substances? — It is possible that the heat of one's mouth suffices.¹⁹  Our Mishnah²⁰  is not in agreement with R. Judah. For it was taught: R. Judah explained,²¹  Boiling liquid of crushed beans before ['ober] salt is put into it.²²  What is the proof that the expression²³  'ober' means 'before'? — R. Nahman b. Isaac replied: Since Scripture says, Then Ahimaaz ran by way of the plain, and overran [wa-ya'abor]²⁴  the Cushite.²⁵  Abaye replied, The proof comes from here: And he himself passed over ['abar]²⁴  before them.²⁶  And if you prefer I might reply that the proof comes from here: And their king is passed on [wa-ya'abor]²⁴  before them, and the Lord before them.²⁷

URINE? THIS REFERS TO SUCH AS HAS FERMENTED. One taught: What must be the duration of²⁸  their fermentation? Three days. R. Johanan observed, All the standards of the Sages in respect of bloodstains need additional standards to define them:²⁹  [Is the urine that] of a child or of an old man,³⁰  of a man or of a woman,³⁰  covered³⁰  or uncovered, of the summer season³⁰  or of the winter season?

ONE MUST SCOUR THE STAIN THREE TIMES. R. Jeremiah enquired: Does the forward and backward movement³¹  count as one or is it possible that it counts as two? Now what is the decision? — This stands undecided.³²

IF THEY WERE NOT APPLIED IN THE PRESCRIBED ORDER. Our Rabbis taught: If the latter³³  were applied before the former,³⁴  one Baraitha teaches, 'The latter³⁵  are counted³⁶  and the former³⁷  are not counted,'³⁸  while another [Baraitha] teaches, 'The former are counted and the latter are not counted'!³⁹  — Abaye replied: According to both statements the latter³⁵  are counted, and the former⁴⁰  are not; but 'former'⁴¹  refers to those that are⁴²  first in the prescribed order⁴³  though second in the process of application.

MISHNAH. FOR EVERY WOMAN THAT HAS A SETTLED PERIOD IT SUFFICES [TO RECKON HER PERIOD OF UNCLEANNESS FROM] HER SET TIME. AND THESE ARE THE SYMPTOMS OF SETTLED PERIODS: [IF THE WOMAN]⁴⁴  YAWNS, SNEEZES, FEELS PAIN AT THE TOP OF⁴⁵  HER STOMACH OR THE BOTTOM OF HER BOWELS, DISCHARGES,⁴⁶  OR IS SEIZED BY A KIND OF SHIVERING, OR ANY OTHER SIMILAR SYMPTOMS.⁴⁶  ANY WOMAN WHO ESTABLISHED FOR HERSELF [ONE OF THE SYMPTOMS]⁴⁴  THREE TIMES MAY BE DEEMED TO HAVE⁴⁷  A SETTLED PERIOD.

GEMARA. Have we not learnt once before, 'For any woman who has a settled period it suffices [to reckon her period of uncleanness from] her set time'?⁴⁸  — There the reference is to settled periods [that are determined by the number] of days⁴⁹  while here the reference is to settled periods [that are determined by conditions] of the body; as it was actually taught, 'The following are the symptoms of settled periods: If a woman yawns, sneezes, feels pain at the top of her stomach or the bottom of her bowels or discharges'. 'Discharges'! Is she not then⁵⁰  constantly discharging?⁵¹  — 'Ulla son of R. Elai replied:

1. Lit., 'yes; if not, not'. The inference from the Mishnah cited by Resh Lakish, from which it follows that 'if it can emerge it is unclean even though it had not yet emerged', applies to a case where the owner minded the absorption.
2. In explanation of TASTELESS SPITTLE.
3. Sc. had nothing to eat since sunset of the previous day.
4. MS.M., Rabina.
5. Sc. a part of the night.
6. Before day-break.
7. Since the food sweetens the spittle and causes it to lose its strength. The food, however, that one eats in the early evening before going to bed has no such weakening effect.
8. Lit., over whom half a night has passed, and in sleep'.
9. Lit., 'thing'.
10. Emden reads, 'was it not taught'.
11. Which shows that it is the night and not sleep that is the determining factor.
12. The statement, 'If he was awake etc.'
13. Not fully awake. Two conditions are necessary for spittle to be tasteless: Sleep or dozing and night. Sleep in the day-time (after one has had some food which sweetens the spittle) or night without sleep (when the effect of the food has not passed) is not enough.
14. Lit., 'asleep and not asleep, awake and not awake'.
15. Speech also takes away its edge
16. Must his study have extended. Lit., 'and unto how much?'
17. Lit., 'all'.
18. The ruling in our Mishnah that the beans must be crushed into a paste that is presumably mixed with spittle.
19. To make the paste. Lit., 'avails'.
20. In its definition of the liquid of crushed beans.
21. Cf. prev. n.
22. Since salt would weaken it.
23. Lit., 'that'.
24. Of the same root as 'ober'.
25. II Sam. XVIII, 23.
26. Gen. XXXIII, 3.
27. Micah II, 13.
28. Lit., 'how long'.
29. Lit., 'a standard to their standard'.
30. This is stronger and more effective.
31. Lit., 'carrying out and bringing in' of the hand in the process of scouring.
32. Teku; v. Glos.
33. The last four of the seven substances enumerated in our Mishnah.
34. The first three.
35. Sc. those applied last (first mentioned in our Mishnah).
36. Lit., 'went up for him'.
37. Sc. the substances (last mentioned in our Mishnah) that were applied first.
38. So that, if the four substances last mentioned in our Mishnah are subsequently applied again, the prescribed order of application is duly complied with.
39. Now how are the two apparently contradictory rulings to be reconciled?
40. V. p. 442, n. 16.
41. In the second Baraitha.
42. Lit., 'and what'.
43. In our Mishnah.
44. Before experiencing a menstrual discharge.
45. Lit., mouth'.
46. This is discussed in the Gemara.
47. Lit., 'behold this'.
48. Mishnah supra 2a.
49. Every fifth or tenth day of the month, for instance.
50. Since every menstrual discharge is preceded by another discharge.
51. And since no symptom precedes the first discharge, which is presumably also an unclean one, how could a settled period ever be established?

OR … A KIND OF SHIVERING etc. What was the expression, OR ANY OTHER SIMILAR SYMPTOMS, intended to include? — Rabbah b. 'Ullah replied: To include a woman who feels a heaviness in her head³  or a heaviness in her limbs, who shivers or belches. R. Huna b. Hiyya citing Samuel observed: Behold [the Sages] have ruled that 'for settled periods [that are determined by the number] of days two [occurrences are required],⁴  for settled periods [that are determined by the condition] of the body one occurrence suffices,⁵  for settled periods [that are determined by conditions] which the Sages did not enumerate three occurrences are required;⁶  But [I do not know] what the expression, 'for settled periods that are determined by conditions which the Sages did not enumerate intended to include? — R. Joseph replied: To include a woman who feels a heaviness in the head,³  a heaviness in her limbs, who shivers or belches. Said Abaye to him:⁷  What does he teach us thereby,⁸  seeing that this is actually a ruling in our Mishnah,⁹  Rabbah b. 'Ulla having thus¹⁰  explained it? — Rather, said Abaye, it⁸  was intended to include one who ate garlic and observed a discharge, one who ate onions and observed a discharge, and one who chewed pepper and observed a discharge. R. Joseph observed: I have not heard this tradition.¹¹  Said Abaye to him: You yourself have told it to us, and it was in connection with the following that you told it to us:¹²  If a woman was in the habit of observing a discharge on the fifteenth day of the month and this was changed to the twentieth day, intercourse is forbidden to her on both days.¹³  If she observed a discharge on three consecutive months¹⁴  on the twentieth day, intercourse on the fifteenth becomes permitted¹⁵  and she establishes the twentieth day as her settled period: for no woman can establish for herself a settled period unless the discharge had appeared three times on the same date.¹⁶  And in connection with this you told us: Rab Judah citing Samuel stated, This is the view of R. Gamaliel son of Rabbi who cited it in the name of R. Simeon b. Gamaliel,¹⁷  but the Sages ruled: If she observed a discharge once¹⁸  she need not¹⁹  repeat it a second time and a third time. And when we asked you, 'Since you said, "She need not repeat it a second time" was there any need to state that she need not repeat it a third time'? you replied' She need not repeat it a second time in the case of settled periods [that are determined by the condition] of her body and she need not repeat it a third time in the case of settled periods [determined by the number] of days. But why did he not simply say, 'This is the view of R. Simeon b. Gamaliel'?¹⁷  — It is this that Samuel informed us: That R. Gamaliel the son of Rabbi holds the same view as R. Simeon b. Gamaliel.

MISHNAH. IF A WOMAN HAD THE HABIT OF OBSERVING HER MENSTRUAL DISCHARGES AT THE ONSET OF THE SYMPTOMS²⁰  OF HER SETTLED PERIODS, ALL CLEAN THINGS²¹  THAT SHE HANDLED WHILE THE SYMPTOMS WERE IN PROGRESS²²  ARE UNCLEAN; BUT IF SHE HAD THE HABIT OF OBSERVING THEM AT THE END OF THE SYMPTOMS, ALL CLEAN THINGS²¹  THAT SHE HANDLED WHILE THE SYMPTOMS LASTED²²  REMAIN CLEAN. R. JOSE RULED: SETTLED PERIODS MAY ALSO BE DETERMINED BY DAYS AND HOURS.²³  IF²⁴  SHE HAD THE HABIT OF OBSERVING HER MENSTRUAL DISCHARGES AT SUNRISE SHE IS FORBIDDEN INTERCOURSE AT SUNRISE ONLY.²⁵  R. JUDAH RULED: SHE²⁶  IS PERMITTED IT DURING ALL THAT DAY.²⁷

GEMARA. One taught: What²⁸  did R. Jose mean by 'Settled periods may also be determined by days and hours'? If a woman had the habit of observing her discharge on the twentieth day of the month²⁹  and at the sixth hour of the day,³⁰  and the twentieth day arrived and she observed no discharge, she is forbidden intercourse during all the first six hours;³¹  so R. Judah. R. Jose, however, permits it until the beginning of the sixth hour³²  but during the sixth hour she must take into consideration [the possibility of a discharge].³³  If the sixth hour has passed and she observed no discharge, she is still forbidden intercourse all that day; so R. Judah, R. Jose, however, permits it from the time of the afternoon service³⁴  onwards.

IF SHE HAD THE HABIT [etc.]. But was it not taught: R. Judah ruled, She³⁵  is permitted intercourse all night?³⁶  — This is no contradiction. The Baraitha deals with the case of³⁷  one who had the habit of observing the discharge at the beginning of the day³⁸  while the Mishnah deals with one who had the habit of observing the discharge at the end of the night.³⁹

One [Baraitha] taught: R. Judah forbids intercourse before her settled period, and permits it after the period while another [Baraitha] taught: [R. Judah] forbids it after her settled period and permits it before the period. This,⁴⁰  however, represents no difficulty, since the former is a case where she usually observes her discharge at the end of the night while the latter is a case where she usually observes it at the beginning of the day.⁴¹

Raba stated: The halachah is in agreement with R. Judah. But could Raba have said this, seeing that it was taught: Thus shall ye separate the children of Israel from their uncleanness;⁴²  from this, R. Jeremiah⁴³  observed, follows a warning to the children of Israel that they shall separate from their wives near their periods. And for how long? Raba⁴⁴  replied: One 'onah.⁴⁵  Now does not this mean: An additional 'onah?⁴⁶  — No; the same 'onah. But then, what need is there for the two statements?⁴⁷  — Both are required. For, if he had informed us of the former statement only, it might have been presumed that it applied only to the law relating to clean things but not to that relating to a woman's permissibility to her husband. Hence we were informed [of the latter statement]. And if [our information were to be derived] from the latter statement only it might have been presumed that near her settled period an additional 'onah is required, hence we were informed that only one 'onah is necessary.

MISHNAH. IF SHE WAS ACCUSTOMED TO OBSERVE A FLOW OF MENSTRUAL BLOOD ON THE FIFTEENTH DAY⁴⁸  AND THIS WAS CHANGED⁴⁹  TO THE TWENTIETH DAY,⁴⁸  MARITAL INTERCOURSE IS FORBIDDEN ON BOTH DAYS.⁵⁰  IF THIS WAS TWICE CHANGED TO THE TWENTIETH INTERCOURSE IS AGAIN FORBIDDEN ON BOTH DAYS.⁵⁰  IF THIS WAS CHANGED THREE TIMES TO THE TWENTIETH DAY, INTERCOURSE IS NOW PERMITTED ON THE FIFTEENTH⁵¹  AND THE TWENTIETH IS ESTABLISHED AS HER SETTLED PERIOD. FOR A WOMAN MAY NOT REGARD HER MENSTRUAL PERIODS AS SETTLED UNLESS THE RECURRENCE HAS BEEN REGULAR THREE TIMES; NOR IS SHE RELEASED FROM THE RESTRICTIONS OF A SETTLED PERIOD UNLESS IT HAS VARIED⁵²  THREE TIMES.

1. Lit., 'from the midst'.
2. That is not menstrual, as can be ascertained by an examination of its colour. A settled period is established where menstrual discharge is preceded by one of clean blood, v. infra.
3. Lit., 'whose head is heavy upon her'.
4. Lit., 'for days two'; sc. if the discharge appeared twice on the same day of the month, that day is established as a settled period.
5. To establish a settled period (cf. prev. n. mut. mut.).
6. cf. prev. n. but one mut. mut.
7. R. Joseph.
8. By the addition, 'for settled periods… did not enumerate'.
9. OR ANY OTHER SIMILAR etc.
10. As R. Joseph.
11. Just cited in the name of Samuel.
12. R. Joseph, as a result of a serious illness, had lost his memory and had very often to be reminded of the traditions he himself had reported.
13. Lit., 'this and this is forbidden', both the fifteenth (in case her first settled period is re-established) and the twentieth (since this date might form now or become her settled period).
14. Lit., 'three times'.
15. Since a new settled period has been established.
16. Lit., 'until she will fix it three times'.
17. Who holds that presumption cannot be established unless an occurrence was repeated three times (cf. Yeb. 64b).
18. On a certain date.
19. In order to establish a settled period.
20. In the condition of her body (cf. prev. Mishnah).
21. Terumah, for instance, or any other foodstuffs that may be eaten only when clean.
22. Lit., 'within (the symptoms of) the settled period'.
23. This is explained in the Gemara infra.
24. This is a continuation of R. Jose's ruling.
25. But is permitted it during the preceding night and, if no discharge appeared at sunrise, during all that day also.
26. If no discharge was observed at sunrise.
27. Lit., 'all the day is hers', but, contrary to the view of R. Jose, not the preceding night.
28. Lit., 'how'.
29. Lit., 'from the twentieth day to the twentieth day'.
30. Lit., 'and from six hours to six hours'.
31. Since in his opinion a discharge that usually occurs in the day time causes intercourse to be forbidden all day and one that usually occurs in the night causes it to be forbidden all night.
32. Because the discharge is not due earlier. In his opinion intercourse is forbidden only at the hour the discharge usually occurs, neither earlier nor later.
33. And consequently abstain from intercourse during all that hour.
34. Sc. from midday (v. Rashi. Cf., however, Tosaf.).
35. A woman who had the habit of observing her discharge at sunrise.
36. Lit., 'all the night is hers'. How then is this to be reconciled with R. Judah's ruling in our Mishnah that SHE IS PERMITTED IT ALL DAY'?
37. Lit., 'that'.
38. Hence intercourse is forbidden in the day time only but not during the preceding night.
39. This being the meaning of the phrase AT SUNRISE in our Mishnah. Intercourse is, therefore, forbidden in the night only but not during the following day.
40. Apparent contradiction.
41. cf. supra p. 446, n. 7.
42. Lev. XV, 31.
43. Var. lec. 'Josiah'. Cf. Bomb. ed. and Shebu. 18b.
44. Marg. gl. 'Rabbah'.
45. A period. Sc. a day or a night.
46. Sc. if the discharge occurs during day time the prohibition extends over that day and the previous night, and if it occurs during the night the prohibition extends over that night and the previous day. But, if so, would not this be contradictory to what Raba said here?
47. Of Raba.
48. Of the month.
49. Lit., 'and she changed to be seeing'.
50. Lit., 'this and this (the fifteenth and the twentieth) are forbidden.'
51. As was the case before that day had been established as a settled period.
52. Lit., 'that it shall be rooted out from her'.