משנה: כָּל־הַנָּשִׁים בְּחֶזְקַת טַהֲרָה לְבַעֲלֵיהֶן. הַבָּאִין מִן הַדֶּרֶךְ נְשֵׁיהֶן לָהֶן בְּחֶזְקַת טַהֲרָה. בֵּית שַׁמַּאי אוֹמְרִים צְרִיכָה שְׁנֵי עִידִּים עַל כָּל־תַּשְׁמִישׁ וְתַשְׁמִישׁ אוֹ תְשַׁמֵּשׁ לְאוֹר הַנֵּר. בֵּית הִילֵּל אוֹמְרִים דַּייָהּ בִּשְׁנֵי עִידִים כָּל־הַלַּיְלָה. MISHNAH: All women are presumed pure for their husbands47Unless they tell them explicitly that they are impure.. The wives of men coming from a trip are presumed pure. The House of Shammai say, she needs two cloths for each intercourse or she should have sex by candle light48This refers back to Mishnah 1. If a woman has to use cloths to check herself because of her occupation with pure food, the Hause of Shammai require that she use a separate cloth for each sex act, even if she examines them only the next morning, or, if she has only one cloth, that she examine it between any two sex acts. The House of Hillel admit repeated use of a single cloth for the entire night.. The House of Hillel say, two cloths for entire night suffice.
הלכה: אַבָּא בַּר יִרְמְיָה כַּהֲנָא בְשֵׁם שְׁמוּאֵל. כָּל־אִשָּׁה שֶׁאֵין לָהּ װֶסֶת אֲסוּרָה לְבֵיתָהּ עַד שָׁעָה שֶׁתִּבְדּוֹק. וְהָתַנִּינָן. כָּל־הַנָּשִׁים בְּחֶזְקַת טַהֲרָה לְבַעֲלֵיהֶן. פָּתַר לָהּ. בַּבָּאִין מִן הַדֶּרֶךְ. וְהָתַנִּינָן. הַבָּאִין מִן הַדֶּרֶךְ נְשֵׁיהֶם לָהֶם בְּחֶזְקַת טַהֲרָה. אָמַר רִבִּי בּוּן בַּר חִייָה. תִּיפְתָּר שֶׁבָּא וּמְצָאָהּ עֵירָה. וְהָתַנֵּי. בֵּין שֶׁמְּצָאָהּ עֵירָה בֵּין שֶׁמָּצְאָה יְשֵׁינָה. אָמַר רִבִּי בָּא. תִּיפְתָּר שֶׁהִנִּיחָהּ בְּחֶזְקַת טְהֹרָה. כַּמָּה עוֹנָה נוֹתְנִין לָהּ. רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ אָמַר. נוֹתְנִין לָהּ עוֹנָה בֵּינוֹנִית שְׁלֹשִׁים יוֹם. אָמַר רִבִּי יוֹחָנָן. שׁוֹנֶה אֲנִי אֲפִילוּ לְאַחַר שָׁלֹשׁ שָׁנִים מוּתָּר. וּבִלְבַד בְּאִשָּׁה שֶׁיֵּשׁ לָהּ װֶסֶת. אָמַר רִבִּי אַבָּהוּ. וְהִיא שֶׁשָּׁהָת אַחַר װַסְתָּהּ שִׁבְעַת יָמַים. וְחָשׁ לוֹמַר. שֶׁמָּא לֹא טָֽבְלָה. אָמַר רִבִּי חֲנִינָה. זֹאת אוֹמֶרֶת שֶׁאָסוּר לְאִשָּׁה לִשְׁהוֹת בְּטוּמְאָתָהּ. שְׁמוּאֵל בַּר אַבָּא בָעֵי. אֲפִילוּ דָבָר בָּרִיא שֶׁיָּֽלְדָה. אָמַר רִבִּי יוֹסֵי. כָּךְ אָנוּ אוֹמְרִים. אֲפִילוּ נִטְמֵאת. אֶלָּא כֵּיוָן שֶׁיָּֽלְדָה בָֽטְלָה חֶזְקָתָהּ. אַף הָכָא. כֵּיוָן שֶׁטִּימְאָת בָֽטְלָה חֶזְקָתָהּ. HALAKHAH: Abba bar Jeremiah, Cahana in the name of Samuel: Any woman without a definite period is forbidden to her house unless she checked herself54In the Babli, 54b, this is restricted to women preparing pure food. But the present paragraph seems to speak of women in general. Her house is her husband.. But did we not state: “All women are presumed pure for their husbands.” He explains it, for those who come from a trip. But did we not state: “The wives of men coming from a trip are presumed pure”? Rebbi Abun bar Ḥiyya said, explain it if he came and found her awake55It is understood that she would inform him if she were forbidden to him.. But was it not stated: Whether he found her awake or found her sleeping. Rebbi Abba said, explain it if he left her in a state of purity56One may assume that a prior state continues until one is appraised of a change. In the Babli 11b (Tosephta 3:8), this is a Tannaїtic statement; it is accepted as operative (16b) while in the Yerushalmi it is rejected at the end (Note 62).. {What is the period that is counted for her? Rebbi Simeon ben Laqish said: One gives her 30 days as average period.}57It does not seem that this belongs here; it is an echo from Chapter 1, Note 132. It seems clear that if the wife has a regular period, the husband has to use that period to compute whether his wife is pure or impure at the time of his return, not any theoretical average. Rebbi Joḥanan said, I am stating that it is permitted even after three years, but only for a woman who has a regular period58Whose husband can compute in advance her days of purity. Then there is no question anymore of assuming the wife to be pure by her prior status of purity but of prior length of the period which may be assumed to remain unchanged. This is also the interpretation given R. Joḥanan’s statement in the Babli, 15b.. Rebbi Abbahu said, only if it was seven days after the onset of her period59Since the biblical days of impurity are 7, irrespective of the length of the menstruation.. Are you not worried that maybe she did not immerse herself60And remain impure since her husband is away. This argument proves that in this paragraph one does not speak about a woman engaged in preparing pure food; if she prepared impure food her only reason for immersing herself in a miqweh would be to be able to sleep with her husband.? Rebbi Ḥanina said, that means that it is forbidden for a woman to stay in her impurity. Samuel bar Abba asked: Even if it was certain that she had given birth61In that case, the prior regular period has ceased to exist and the woman has to establish a new period after she finishes nursing her baby. Even if she reestablishes a regular period of the same length, in most cases its position in the month will change. A prior knowledge cannot be used when it is known to be obsolete. In the Babli, 15b, he addresses his question to R. Abba.? Rebbi Yose said, so we are saying, even if she became impure. But since her prior state was invalidated when she gave birth, so her prior state was invalidated when she became impure62It is obvious that the computation based on the prior period cannot be used after it is known that the woman has given birth. Then it is also clear that if for any reason whatsoever the continuation of the regular period is in doubt, there can be no computation. The explanation given by R. Abba earlier in this paragraph is shown to be invalid since the woman is certain to have become impure by the time of her regular period and, therefore, has no presumption of purity. The only way to admit R. Joḥanan’s statement is one based on the computation of pure days when there is no known change in the wife’s regular period..
בֵּית שַׁמַּי אוֹמְרִים. צְרִיכָה שְׁנֵי עִדִּים עַל כָּל־תַּשְׁמִישׁ וְתַשְׁמִישׁ אוֹ תְשַׁמֵּשׁ לְאוֹר הַנֵּר. וְלֹא כֵן תַּנֵּי. הַמְשַׁמֵּשׁ מִיטָּתוֹ לְאוֹר הַנֵּר הֲרֵי זֶה מְגוּנֶּה. כֵּינִי מַתְנִיתָא. תְּשַׁמֵּשׁ וְתִבְדּוֹק לְאוֹר הַנֵּר. רִבִּי זְעִירָה רַב חִייָה בַּר אַשִּׁי בְשֵׁם רַב. שִׁימְּשָׁה בְעִד אֲסוּרָה לְבֵיתָה. אָמַר רִבִּי זְעִירָא. בְּשָׁעָה שֶׁהוֹכִיחָהּ קַייָם מוּתֶּרֶת וּבְשָׁעָה שֶׁאֵין הוֹכִיחָהּ קַייָם לֹא כָל־שֶׁכֵּן. אָמַר רִבִּי יוֹסֵי. תַּמָּן אַתְּ יָכוֹל לַעֲמוֹד עָלָיו. בְּרַם הָכָא אֵין אַתְּ יָכוֹל לַעֲמוֹד עָלָיו. “The House of Shammai say, she needs two cloths for each intercourse or she should have sex by candle light.” But was it not stated: The person who engages in sex by light is blameworthy63Also quoted in the Babli, 16b.? So is the Mishnah: She may have sex64In the dark. The Babli takes the Mishnah as it is written. and [then] check by candle light. Rebbi Ze‘ira, Rav Ḥiyya bar Ashi in the name of Rav: If she had intercourse using a cloth, she is forbidden to her house65She is working with pure food and, therefore, is cleansing herself after intercourse. If in the morning (following the House of Hillel) the cloth cannot be found, she is declared impure until she checks herself out a second time.. Rebbi Ze‘ira said, if her proof exists, she is permitted; if there is no proof, not so much more66A woman who does not work with pure food can have sex without checking herself with a cloth and is always presumed pure unless known to be impure. Why should a woman using a cloth be in a worse position than one who does not use it?? Rebbi Yose said, there, you can determine the facts; here, you cannot determine the facts67If she already has to use a cloth, that cloth must be of use. The use is to confirm her status of purity. If the status cannot be confirmed because the cloth was lost, why should her status of purity be confirmed?.