ואם שכב איש אותה. בלא זדון רק שוכב עמה בשוגג והנה באה נדתה והיתה עמו וזה טעם עליו כי כרת יש על השוכב עם נדה בזדון וכן הוא משפט הזבה ואם לא נזכר: AND IF ANY MAN LIE WITH HER. Without any sinful intent.49He has no intention in engaging in coitus with a menstruating women. On the contrary, he erred in sleeping with her.50He was not aware that her menstrual flow would commence while he slept with her. Behold her menstrual flow came while he was with her. This is the meaning of be upon him, for the one who sleeps with a menstruating women incurs the penalty of karet.51See Lev. 20:18. Had the man had an evil intention when he had intercourse with the menstruating women then Scripture would have mentioned that he committed a major sin. Scripture appears to state, as a matter of fact, that a man who sleeps with a menstruating woman is unclean. One may take this to imply that one is permitted to sleep with a menstruating woman but is unclean if he does so. Hence I.E.’s comments. The same law applies to a women who has an issue,52The same law applies to one who engages in coitus with a women who has an issue. even though it is not stated.
וכל המשכב אשר ישכב עליו יטמא. כי הוא טמא טומאת שבעה וגם יטמא אחרים ואם לא נכתב: AND EVERY BED WHEREON HE LIETH SHALL BE UNCLEAN. For he is unclean for seven days. He also defiles others. The latter is so even though it is not stated.