Halachah · Modern
A Lifetime Companion to the Laws of Jewish Family Life, Part Three; The Life Cycle, Chapter 4; Childbirth/מדריך להלכות טהרת המשפחה· חלק ג· פרק ד
א
1Status of yoledet
ביוֹלֶדֶת, אֲפִילּוּ לֹא רָאֲתָה דָם, טְמֵאָה כְּנִדָּה – בֵּין יָלְדָה חַי, בֵּין יָלְדָה מֵת, וַאֲפִילּו נֵפֶל. (שולחן ערוך; יורה דעה, קצד:א)
ג
3A vaginal delivery renders a woman a yoledet, a status which in practice is identical to niddah. This is true for a live birth, and also for a stillbirth or a miscarriage. A woman would become a yoledet even in the very unlikely circumstance that she experienced no bleeding at all.
ד
4From when in labor does the yoledet status begin?
השֶׁאִי אֶפְשָׁר לִפְתִיחַת הַקֶּבֶר בְּלֹא דָּם. (תלמוד בבלי; נדה כא:)
ו
6“It is impossible that the uterus opened without blood.”
ז
7Due to this principle that if the uterus opened there must have been blood, whether we saw it or not, any time there is sufficient opening of the uterus the halachot of niddah apply even if there is no visible blood. From the point of labor that a woman cannot walk unaided, she is assumed to have this degree of uterine opening.1 194:2(4). This definition appears to be supported by the mishna in Ohalot 7:4. Being told that she has a few centimeters of cervical opening by the obstetrician during pregnancy does not make her a yoledet. Flow of amniotic fluid just prior to childbirth may render her a niddah as it may have been accompanied by blood.2 194:2(4). Leakage of amniotic fluid in the absence of blood at other times in her pregnancy would not render her a niddah.3 The release of the mucus plug (“the bloody show”) is a matter of debate but many authorities maintain that this blood is not uterine in origin and would not render her a niddah.4 (New York: Mesorah, 1997) p. 465.
ח
8Cessation of the yoledet status
ט
9The procedure for exiting the yoledet status is the same as that for exiting niddah. One waits a minimum of five days from the onset of bleeding, performs a hefsek taharah, counts seven blood-free days, and immerses in the mikveh.
י
10The bleeding that follows childbirth (lochia) generally continues for a number of weeks. The median duration is 28 days; however, two or even three months of bleeding is normal. It is also normal for bleeding to stop completely and then start again. Therefore, in practice, it may take a number of attempts over several months for a woman to get to the mikveh following childbirth.
יא
11During this process, it is especially important to ask halachic questions. Certain colors may be permissible, and a rabbi may instruct a woman to perform fewer bedikot or to omit the moch dachuk during the time her body is recovering from childbirth. If bleeding continues for more than eight weeks, she should have a gynecological exam to confirm that the bleeding is still uterine and not vaginal.
יב
12The yoledet status: biblical and rabbinic law
יג
13According to biblical law, a woman following childbirth could immerse in the mikveh on the night of the seventh day (i.e., the beginning of the eighth day) following the birth of a boy, or on the night of the fourteenth day (i.e., the beginning of the fifteenth day) following the birth of a girl, regardless of whether her bleeding had stopped.
ידוְכַמָּה הֵם יְמֵי טוּמְאָתָהּ? עַכְשָׁיו בַּזְמַן הַזֶּה, כָּל הַיּוֹלְדוֹת חֲשׁוּבוֹת יוֹלדוֹת בְּזוֹב וּצְרִיכוֹת לִסְפּוֹר שִׁבְעָה נְקִיִּים; נִמְצֵאתָ אוֹמֵר שֶׁיּוֹלֶדֶת זָכָר יוֹשֶׁבֶת שִׁבְעָה לְלֵידָה וְשִׁבְעָה נְקִיִּים לְזִיבָה, וְהַיּוֹלֶדֶת נְקֵבָה יוֹשֶׁבֶת שְׁבוּעַיִם לְלֵידָה וְשִׁבְעָה נְקִיִּים לְזִיבָה. יְמֵי לֵידָה – שֶׁהֵם שִׁבְעָה לְזָכָר וְאַרְבָּעָה עָשָׂר לִנְקֵבָה – אִם לֹא רָאֲתָה בָּהֶן, עוֹלִים לִסְפִירַת זִיבָתָהּ; וְאִם שָׁלְמוּ שִׁבְעָה נְקִיִּים בְּתוֹך אַרְבָּעָה עָשָׂר לִנְקֵבָה, הֲרֵי זוֹ אֲסוּרָה עַד לֵיל חֲמִישָּׁה עָשָׂר; וְאִם טָבְלָה קוֹדֶם לְכֵן, לֹא עָלְתָה לָהּ טְבִילָה. (שולחן ערוך; יורה דעה, קצד:א)
טו
15Today, however, all women are considered to have entered childbirth in a status of zavah, and thus must count seven blood-free days before going to the mikveh. These seven days can be counted as soon as all bleeding has ceased, assuming the five day minimum has passed. In the very unlikely event that a woman has minimal bleeding, she cannot immerse in the mikveh until twelve days after the birth of a boy or fourteen days after the birth of a girl. (If she was already niddah when she went into labor, counting the five day minimum from the onset of niddah, she could immerse as early as seven days after the birth of a boy.) As we have seen, in reality it is generally a much longer period, as bleeding generally continues for a number of weeks.
טזאֲבָל אִם חָזְרָה וְרָאֲתָה, אֲפִילּוּ טִיפַּת דָּם כְּחַרְדַּל, טְמֵאָה. אַף עַל גַּב דְּמִדְּאוֹרָיְיתָא דָּם טָהוֹר הוּא, כְּבָר פָּשַׁט הַמִּנְהָג בְּכָל יִשְׂרָאֵל שֶׁאֵין בּוֹעֲלִין עַל דָּם טָהוֹר, וְדִינוֹ כִּשְׁאָר דָּם לְכָל דָּבַר. (רמ"א, שולחן ערוך; יורה דעה, קצד:א)
יז
17By biblical law, before it became accepted that all women in childbirth have the status of zavah, and before the five-day minimum was enacted, a woman could immerse in the mikveh as soon as the seven-day (boy) or fourteen-day (girl) time frame had passed – even if she continued to bleed. Any bleeding in the following thirty-three days for a boy and sixty-six days for a girl was considered dam tohar, which rendered her unfit to bring sacrifices in the Temple, but did not forbid relations with her husband. By now, the custom has been accepted by all communities that any uterine bleeding during this period renders her a niddah.
יח
18Attendance of husband at delivery
יט
19As the rules of conduct with a niddah apply to a yoledet, there are halachic problems with a husband seeing his wife undressed at this time. Furthermore, there is an objection in the halacha for a husband to look directly at the vaginal opening of his wife, even when she is not a niddah. On the other hand, women in childbirth are both medically and halachically known to be assisted by emotional support during a process that, while producing wonderful results, is often painful and frightening. These factors need to be taken into consideration while the couple decides if the husband will attend the delivery.5 YD 2:75) states that attendence of the husband is permitted., 6 Volume 1 Number 33., 7 5757 17:198–201., 8 1981; 1:107–122.
כ
20If the husband does attend:
כא
211. The couple should request that a mirror NOT be placed in front of the woman to allow direct visualization by the husband of the exiting child.
כב
222. The couple should request that the wife be kept as covered as possible or that a screen be placed between her upper and lower body. (This is done routinely for cesarean deliveries and thus is not difficult to arrange.)
כג
233. The husband should not touch his wife unless there is no one else to help her.
כד
24Cesarean section
כהיוֹצֵא דוֹפֶן – אִם לֹא יָצָא דָּם אֶלָּא דֶרֶךְ דּוֹפֶן, אִמּוֹ טְהוֹרָה מִלֵּידָה וּמִנִּדָּה וּמִּזִּיבָה. (שולחן ערוך; יורה דעה, קצד:יד)
כו
26The rules of yoledet do not apply to birth by cesarean section. Thus, if a woman who underwent a cesarean had no bleeding via the vagina (an extraordinarily rare occurrence) she would be neither a niddah, zavah, or a yoledet and would not have to go to the mikveh after childbirth. In reality, most women who have a cesarean continue to have bleeding via the vagina from the uterus as they shed the remains of the uterine lining from pregnancy. Therefore the laws of niddah would apply to them. However, they can begin to count seven clean days as soon as the bleeding has ceased (after a minimum of 4 or 5 days) and do not have to wait 14 days before immersion if a girl was born.
כז
27Miscarriage
כח
28Spontaneous abortions or “miscarriages” are a very common occurrence, with about 15% of all clinically recognized pregnancies ending this way. The incidence increases with age, rising from 12% in women less than 20 years old to over 50% in women over 45 years of age. When a miscarriage happens in the first trimester it is generally due to an abnormality in the fetus.9 (8th edition) [ed Scott JR, Di Saia PJ, Hammond CB, Spellacy WN] Phil.: Wilkins, 1998. A single miscarriage is generally not a cause for medical concern.10 Habitual abortion (generally defined as 3 or more miscarriages) requires investigation. There are a number of categories relating to spontaneous abortions – threatened, inevitable, incomplete or missed. Bleeding from any of these, as it is from the uterus, would render a woman a niddah unless it fits into the category of permitted stains (see Part One, chapter 1, pp. 32–35).
כטהַמַּפֶּלֶת בְּתוֹך אַרְבָּעִים אֵינָהּ חוֹשֶׁשֶׁת לְוָלָד אֲבָל חוֹשֶׁשֶׁת מִשׁוּם נִּדָּה, אֲפִילּוּ לֹא רָאֲתָה. (שולחן ערוך; יורה דעה, קצד:ב)
למִפְּנֵי שֶׁאִי אֶפְשָׁר לְפְתִיחַת הַקֶּבֶר בְּלֹא דָּם, וְנָפְקָא מִינַּהּ דְּמִיָּד לְאַחַר שֶׁסָּפְרָה שִׁבְעָה נְקִיִּים מוּתֶּרֶת וְאֵינָה חוֹשֶׁשֶׁת לְוָלָד. (רמא; שם)