Comentário sobre Levítico 12:4

תשב — The word תשב signifies here “remaining”, just as in (Deuteronomy 1:46) “And ye stayed (ותשבו) at Kadesh”, and (Genesis 13:18) “and he stayed (‎‎‎וישב) in the Plain of Mamre”

AND SHE SHALL THEN ‘TEISHEIV’¹⁷Literally: “sit” or “dwell.” (REMAIN) IN THE BLOOD OF PURIFICATION THREE AND THIRTY DAYS. “The term yeshivah [literally: sitting] signifies here ‘remaining,’ just like in the verses: ‘vateishvu’ (and ye stayed) in Kadesh;¹⁸Deuteronomy 1:46. ‘vayeishev’ (and he dwelled) by the terebinths of Mamre.”¹⁹Genesis 13:18. This is Rashi’s language. But if so, the verse is stating: “for another thirty-three days she should still wait, touching no hallowed thing nor coming into the Sanctuary, even though they are days of purity as far as [physical relationship with] her husband,”²⁰A woman after the birth of a male child is impure for seven days like a menstruant, and is forbidden to have conjugal relations with her husband. For the next thirty-three days, even though she has an issue of blood, she is permitted to her husband, but she may not eat of the offerings nor come into the Sanctuary until the forty-first day, when she brings her prescribed offerings (Verses 6-8). For a female child the number of impure days are fourteen, and the waiting period until she may eat of the offerings etc. is sixty-six days, and she brings her offerings on the eighty-first day. — It should be pointed out that this is the Scriptural law which explains the verses and the text of Ramban before us. For the practical law to be observed today, see further, Note 23. this being the sense of the expression in the blood of purification. Scripture uses this expression [‘remain’ in the blood of purification, instead of saying “and she shall then be … “] in order to inform us that even though she sees no issue of blood during these [thirty-three days for a male child, or sixty-six for a female], she must still wait this entire period on account of the childbirth [before she may eat of the hallowed food or enter the Sanctuary]. It is possible that the expression teisheiv here is like in the verse, Many days ‘teishvi’ (thou shalt sit solitary) for me; thou shalt not play the harlot, and then thou shalt not be any man’s wife,²¹Hosea 3:3. for a woman who has intercourse with her husband is called yosheveth lo (sitting for him). Now since He said in regard to the seven days [after the birth of the male child], she shall be unclean seven days; as in the days of the impurity of the sickness shall she be unclean,²²Verse 2. meaning that she be impure to her husband and for hallowed food during all these seven days, He now said that after the seven days she may sit for her husband [i.e., she may have intercourse with him] for thirty-three days in the blood of purification, but still she may not touch hallowed things nor come into the Sanctuary, even if she sees [no issue of blood], and she may be with her husband even if she sees [an issue].²³This as noted above is the Scriptural law. Rabbi Moshe Isserless states the law as it is to be observed today. After commenting that in some places it is customary that during the entire forty-days period for a male-child and eighty for a female, the mother does not purify herself for her husband by immersion in a ritual pool, he states the law to be as follows: “But in those places where there is no such custom, we should not be stringent at all. Rather, immediately after she has not seen blood following the seven-days for a male-child and fourteen for a female, and after she counted a further seven clean days, she is permitted to her husband. But if she again saw even a drop of blood as tiny as a grain of mustard, she is unclean. For although by Scriptural law it is clean blood, yet the custom has already been accepted in all Israel that no coition is permitted if there is clean blood, the law applicable thereto being in every respect like that of other [unclean] blood” (Yoreh Deah 194:1, Rama).
The correct interpretation appears to me to be that a woman in the days of her menstruation is called niddah (shunned) because she was avoided by and kept distant from all people. Men and women would not approach her, and she would sit alone and not speak with them, for even her speech was considered by them impure, and they regarded the dust upon which she stepped to be impure as the dust of the decomposed bones of the dead. Our Rabbis have mentioned this.²⁴Vol. I, p. 387. Even her gaze was considered harmful, and I have already mentioned this in Seder Vayeitzei Ya’akov.²⁵Ibid., pp. 387-388, and Note 224 there. Thus it was the custom of menstruants to sit in a special tent, this being the intent of Rachel’s words to her father [Laban], Let not my lord be angry that I cannot rise up before thee; for the manner of women is upon me,²⁶Genesis 31:35. since it was their custom that a woman in that condition should not walk, nor let the sole of her foot step upon the ground. That is why the Torah was more stringent in regard to what the menstruant sits upon or lies upon [in that both the person who touches them and his garments are rendered impure]²⁷Further, 15:21-23. than with respect to touching [the menstruant herself, in which case the person himself is rendered impure, but not his garments].²⁸Ibid., Verse 19. Similarly Scripture said in regard to the leper: he shall dwell [literally: “sit”] alone; without the camp shall his dwelling be,²⁹Ibid., 13:46. and it did not say as it did in the case of the other impure persons, and he shall go out of the camp, he shall not come within the camp.³⁰Deuteronomy 23:11. Rather, it mentioned the term “sitting,” meaning that he is to avoid walking, since his odor and breath are harmful. It is for this reason that Scripture says here that for another thirty-three days she shall ‘sit’ in the blood of purification, in the same place where she sat in the [seven] days of impurity on account of the childbirth, and further prohibited by means of a negative commandment from touching hallowed things or coming into the Sanctuary during that time. The [Rabbinical] interpretation thereof is as follows:³¹Sifra, Tazria 1:7. “She shall continue [in the blood of purification for three and thirty days]. This comes to include a woman in hard labor during the eleven days,³²It is important to clarify first certain basic Scriptural concepts in order to understand the text before us: (a) Commencing with the day on which a woman first sees a menstrual issue, she is to count seven days of impurity. During these days she remains impure, and forbidden to her husband, whether or not she sees another issue in the course of them. The issue, however, having ceased before the sun has set on the seventh day, she is to immerse herself that night in a ritual pool and may enter into conjugal relations. [However, for the Rabbinic ordinance as observed today, see Note 35.] (b) After these seven days of impurity effecting the menstruant, commences “the eleven-day period” (here referred to in the text) during which she becomes subject to the law affecting the zavah (a woman suffering a flux outside her regular period). That is to say, if during this period she sees one or two issues on the same day or on two consecutive days, she only has to immerse herself in a ritual pool on the following day, and returns to her purity with the setting of the sun. A woman suffering a flux of this kind is often referred to as “a minor zavah.” If, however, during the eleven-day period she sees one or more issues on three consecutive days, she becomes “a major zavah,” being under the obligation to count seven “clean days” after the complete cessation of the flux. And if in the course of these seven “clean days,” she sees another issue, she is to commence counting seven “clean days” anew. With the completion of the counting of seven completely “clean days,” the major zavah is to immerse herself in a ritual pool, bringing on the following day the prescribed offering (further, 15:29-30). Thus it is clear that by ordinance of the Torah, the law of the menstruant is far different from that of the zavah, to which she is subject during “the eleven-day” period, or the intervening time between her regular periods. See additionally, Note 35 as to the Rabbinic ordinance. that she be pure from zivah (the law of ‘flux’).³³Thus a woman who was in protracted labor for three days of this “eleven-day period” [during which ordinarily the laws of zivah would have applied], and she saw issues on these three consecutive days, is yet not subject to this law. But, as the text continues, if she was in hard labor during her seven days of menstruation and she saw an issue, she is impure as a menstruant. I might think that she should also be regarded as pure from [the impurity conveyed through] menstruation;³⁴See above, Note 32 (a). Scripture therefore says [as in the days of the impurity of her sickness] shall she be unclean.”³⁵It is important to note that by Rabbinic ordinance a woman seeing an issue at any time whatever, is under obligation to count seven completely “clean days” after the cessation of the issue last seen — irrespective of whether she has seen the last issue within the seven-day period, or at any time thereafter. She must then immerse herself in a ritual pool, whereupon she is considered purified, and may enter into conjugal relations — the conditions attaching to the eating of hallowed food no longer of course being in force in our days because of the destruction of the Sanctuary and the absence of certain other means of ritual purification.

בדמי טהרה, although this blood could not have originated from a new ovulation but dates back to the last ovulation before she had become pregnant, whatever had happened at that time is no longer relevant the whole appearance of that blood having changed completely.

בדמי טהרה, blood which is not the result of menstruation. There are two separate origins within a woman’s body from which blood emerges at different times. The blood which emerges during the thirty three days mentioned does not confer impurity. In fact it is part of the healing process.

בדמי טהרה, “in blood of purity;” Nachmanides, comments on the opinion of Rashi, who claims that the last letter ה in the word טהרה does not have a dot, dagesh, meaning that the word itself is a noun, and that the translation of the words בדמי טהרה is “in the blood of purification,” [as opposed to “her purification,” Ed] so that the meaning is “although she sees blood she is ritually clean.” This interpretation is also the one given by Ibn Ezra, who spells out that this blood is blood that denotes purification, as opposed to דם נדה that is blood denoting ritual impurity. According to Nachmanides, G’d decreed that the number of days a mother having given birth to a male child remains partially pure and partially impure corresponds to the number of days (40) after conception that it takes for the male fetus to develop to a state where it is recognizable as such. The period of 33 days when she is no longer niddah, in a state of menstruation, to her husband she is still undergoing a second stage of purification before she is able to present the required offerings in the Temple. The word תשב, normally translated as: “she is to sit,” is equivalent to “sitting out,” awaiting the conclusion of the period of the remaining 33 days until she is completely purified. This statement is accepted by Nachmanides as scientifically proved. Similarly, he accepts as proven that the development of the female fetus takes twice as long to attain that stage. [The term “proven” apparently is used, as this is the opinion offered by Rabbi Yishmael in Niddah 30. This Rabbi quoted postmortems performed on a woman executed for some misdemeanour and an embryo not older than 40 days since conception being discovered inside her in such a state of development. The majority view there rejects this “proof,” and states for halachic considerations that both a female and a male fetus develop at the same speed. Ed.] Nachmanides considers the word טהרה here as an adjective, such as when we speak of זהב טהור, pure gold, unadulterated by other metals or dross. The rationale appears to be that when giving birth to a male child, during the first seven days, when the mother still discharges blood constantly, she is considered as in the same state as a menstruating woman having her monthly cycle, The additional thirty three days which the Torah decrees that the new mother has to count, she has to spend staying in her home in order to cleanse her body thoroughly, as during these days she will discharge remnants of blood originating in her womb and ovaries. Once all this has been discharged she is able to enter the consecrated grounds of the Temple and to offer her sacrifices, as described in the following verses. Our sages had a tradition that as far as her ritual status vis a vis her husband- as opposed to vis a vis G’d, i.e. the Temple, is concerned, she is ritually pure after the first seven days. The reason why in both regards twice the length of time for ritual impurity has been decreed by the Torah is either in accordance with Rabbi Ibn Ezra’s opinion based on that of Rabbi Yishmael, that the gestation of a female embryo takes that much longer, or, if we accept the view of the majority opinion of the sages at the time, that both types of embryos have developed to the same state after 41 days, that the nature of the feminine embryo is that it is colder and wetter, the wetness is a condition of the mother’s womb caused by the female embryo, which results in the process of her fully recovering from her pregnancy and birth taking so much longer and the process of discharging excess blood also taking longer. We all know from daily experience that cleaning something that is cold is more difficult than something that is warm or hot.

ושלושים יום ושלושת ימים, “and for the thirty-three days following, etc.” According to the plain meaning of the text the 33 days of purification were decreed to combine with the seven days of impurity in order to complete a cycle of forty days. The fetus required forty days after its mother conceived to become something in its own right.
A kabbalistic approach: The thirty-three days given to the woman (during which she cannot halachically become a menstruant) were given to her as corresponding to the bride in Song of Songs who is viewed as possessing the thirty-two paths of wisdom. She is presumed to join these thirty-two paths thus making a total of thirty-three [the concept of אחותי כלה “the bride is my sister,” (Song of Songs 4,10) means in kabbalistic terms that “wisdom is my sister,” i.e. [I attach myself to wisdom as one is attached to one’s sister.” Ed.] the כלה is perceived as “carrying,” supporting these thirty-two paths of wisdom.

Even if. Otherwise, why does it say: “בדמי”? Alternatively, this is the explanation: Would it be insufficient that she does not see blood, that it was written with the expression “תשב בדמי (she will remain in the blood)”? Therefore, Rashi explains: “even if [she sees blood]...”

ושלשים יום ושלשת ימים, “and thirty three days, etc;” the thirty three days plus the first seven days combine to make forty days, the number of days that are required until the male fetus has developed its features. The female fetus requires twice this number of days as has been proven conclusively. (based on the Talmud tractate Niddah folio 30)

בדמי טהרה IN THE BLOOD OF PURIFICATION — Even though she see an issue of blood she is nevertheless clean (Sifra, Tazria Parashat Yoledet, Chapter 1 7).

עד מלאת ימי טהרה, “until the completion of the days of her purification.” The completion occurs on the 40th day including the following night. During that night she is still not allowed to come into contact with sanctified objects, etc. On the morning following she may offer the sacrifices ordained for mothers that have recently given birth, including her sin-offering.

To one who eats. As it is written nearby: “and she shall not come into the Sanctuary,” and the one who enters the Sanctuary in impurity is liable koreis (excision), as it is written at the beginning of Parshas Chukas (Bamidbar 19:20). [Thus,] the Gemora (Yevamos 75a) makes a comparison between “she shall not touch anything holy” and one who enters the Sanctuary, just as one who enters the Sanctuary involves koreis, so too, when it is written, “she shall not touch anything holy,” it refers to koreis. If so, perforce we must say that “she shall not touch” is a warning to one who eats, for one who eats sacrifices in the state of impurity is liable [koreis. Regarding terumoh, though, which Rashi derives above from “anything holy,” the punishment is] death [at the hands of Heaven], as it is written (22:9): “And die because of it for having profaned.” However, one who touches sacrifices in the state of impurity is not liable koreis [and the reason the verse teaches eating with an expression of ‘touching’ is to let us know that one who is forbidden to eat sacrifices may also not touch them]. Furthermore, we can say that Rashi [knows that ‘touch’ refers to eating from that which he] explains nearby “anything holy” — “to include [terumoh].” Perforce, he did not intend to explain the verse, for the phrase “anything holy” is written before “she shall not touch,” so why does Rashi reverse the order? Rather, this refers to what precedes his explanation on “anything holy.” And this is its explanation: “She shall not touch” — “A warning to one who eats,” but how do we know it is a warning to one who eats? Thus, he explains: Because “anything holy” includes terumoh, and “she shall not touch” also refers to it. If so, we cannot say “she shall not touch” is a warning for actual touching, since it is permissible to touch terumoh immediately after immersing [in a mikveh], and she immersed immediately after the seven days. A טבול יום (one who immersed and is waiting for sunset) is permitted to touch terumoh. Rather, [it must be] a warning for one who eats. This raises a difficulty: In the verse it is written קדש (holy) and not terumoh! Upon this Rashi answers: The proof is from that which it is written: “until the days of her purity are completed,” which is applicable only to terumoh, “for this one is [considered] as one who has immersed [in a mikveh but whose purification is concluded only] after a long day, [thus,] the expression “days” is applicable to her. However, sacrifices cannot be eaten until one brings his [sacrifice of] atonement, and it does not depend on days alone. [Thus,] although the [warning] itself comes for one who eats sacrifices, nevertheless, the exclusion from “anything” comes to prohibit eating terumoh (Nachalas Yaakov).

IN THE BLOOD OF ‘TAHORAH’ (PURIFICATION). According to Rashi this means that even though she sees [an issue of blood during this period of thirty-three days for a male child, and sixty-six for a female], she is nevertheless pure by law of the Torah.²³This as noted above is the Scriptural law. Rabbi Moshe Isserless states the law as it is to be observed today. After commenting that in some places it is customary that during the entire forty-days period for a male-child and eighty for a female, the mother does not purify herself for her husband by immersion in a ritual pool, he states the law to be as follows: “But in those places where there is no such custom, we should not be stringent at all. Rather, immediately after she has not seen blood following the seven-days for a male-child and fourteen for a female, and after she counted a further seven clean days, she is permitted to her husband. But if she again saw even a drop of blood as tiny as a grain of mustard, she is unclean. For although by Scriptural law it is clean blood, yet the custom has already been accepted in all Israel that no coition is permitted if there is clean blood, the law applicable thereto being in every respect like that of other [unclean] blood” (Yoreh Deah 194:1, Rama). And so did Rabbi Abraham ibn Ezra write, that the meaning of the above expression is that “it constitutes pure blood in contrast to the blood of the menstruant, and therefore does not convey impurity, G-d having decreed in the case of a male child [a forty-days period for the after-effects of the childbirth upon the mother — seven impure days and thirty-three pure days], corresponding to the number of days necessary for the form of the male child to be completed in the womb, while that of the female child is double [fourteen impure days and sixty-six pure days, corresponding to the eighty days it takes for the female child to be formed in the mother’s womb]. This is clear and tested.”
But in my opinion the meaning of the word tahorah is cleanness [in a physical sense], similar in meaning to ‘zahav tahor’ (pure gold),³⁶Exodus 25:39. which means smelted and refined. A similar expression is found in the verse, And he shall sit as a refiner and purifier of silver, and he shall purify the sons of Levi, and purge them as gold and silver.³⁷Malachi 3:3. Thus the meaning of the expression here is as follows. Having commanded that a woman who gives birth to a male child be impure for seven days as in the days of her impurity, because then she usually sees issues of blood from the interior of the womb [from which the menses are discharged], He further commanded that she should wait for another thirty-three days, staying in her house in order to cleanse her body; for during all these days she will emit the remnants of blood and the turbid, ill-smelling secretions which come from these bloods, and then she will become cleansed from the childbirth, pregnancy and conception,³⁸See Hosea 9:11. and she may come to the House of G-d. Now our Rabbis have received the tradition that during these [thirty-three days for a male child and sixty-six for a female], she is pure for her husband, because with reference to the seven impure days it says that they are as in the days of the impurity of her sickness,²²Verse 2. but in connection with these [thirty-three days etc.] He said that she is impure as regards [eating or touching] hallowed things and entering the Sanctuary, but not for non-holy things nor for her husband, just as the Rabbis have said,³⁹Chullin 31 a. “Her husband is not a holy object.”
The reason that the time is doubled in the case of the birth of a female child [i.e., fourteen impure days and sixty-six pure days], is perhaps as Rabbi Abraham ibn Ezra said [as mentioned above] in accordance with the opinion of Rabbi Yishmael, that the formation of a male child is completed on the forty-first day, and that of a female child on the eighty-first day. But according to the opinion of the Sages who say that both male and female are completed on the forty-first day, we must say that the reason [why the time is doubled in the case of a female child] is that the nature of the female is cold and moist, and the white [fluid] in the mother’s womb is then exceedingly abundant and cold, this being the reason why she gave birth to a female child. Hence she needs a longer time to become clean [in a physical sense], on account of the abundant moisture in her which contains the ill-smelling blood, and on account of the coldness [of her body], as is well-known that sick people who suffer from cold need a longer period to restore their vigor than those who are hot.

בדמי טהרה — There is no Mappik in the last 'ה‎ of טהרה (as there is in the last word of this verse): it (the word) is an uninflected noun similar in meaning to טֹהַר (being a feminine form of it).

One who has immersed after a long day. Meaning: We need not ask: Terumoh is permissible to be eaten after the sunset, so why should it be forbidden to be eaten after the end of the seven days? Rashi answers: “For this one is as one who has immersed after a long day...” until the fortieth day when they bring their offerings of childbirth, and at sunset before the fortieth day she is permitted to eat terumoh.

ימי טהרה — the 'ה here has a Mappik and the meaning is: the days of her טֹהַר, her purification.

בכל קדש [SHE SHALL NOT TOUCH] ANYTHING THAT IS HOLY — not anything: this serves to include the heave-offering (Makkot 14b; Yevamot 75a). The Torah prescribes this because such a woman must be regarded as one who has taken the immersion on a very long day (טבולת יום ארוך), because she immersed herself at the end of the first seven days whilst her sun does not set to bring about her purification until sunset of the fortieth day since it is only on the morrow that she has to bring the atonement offering in connection with her purification, as it is stated in v. 6.

לא תגע SHE SHALL NOT TOUCH — This is a prohibition addressed to anyone who would eat holy things in a state of uncleanness, as it is stated in a Baraitha in Yevamot 75a.