Is Nidah something that is in the pubic area?

שו”ת › Category: Talmudic study › Is Nidah something that is in the pubic area?

מיכי Staff asked 4 years ago

I was asked on WhatsApp how to understand the words of Tos Begitin who writes that Nida is not something in the private sphere, and that there is nothing in the private sphere less than two (according to Tos, the source of loyalty in the prohibitions is from the woman’s loyalty in matters of Nida).

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מיכי Staff answered 4 years ago

Answer: The word “arva” in this context (that two witnesses are required) means a legal matter of personal status. Two witnesses are needed in every legal matter, that is, either in matters of Choshen Mishpat (property) or in matters of personal status (Ahaza). But in matters of O’H and Yo’D, one witness is sufficient, and this is decided by a rabbi and not by a bi’d. See my article on duties and rights and the definition of Hom. Nida matters are not a legal matter (therefore its laws appear in the yo’d, and they are decided by a rabbi and not by a bi’d), and therefore a Ba’a is sufficient. See more here: https://mikyab.net/%D7%9B%D7%AA%D7%91%D7%99%D7%9D/%D7%9E%D7%90%D7%9E%D7%A8%D7%99%D7%9D/%D7%91%D7%99%D7%9F-%D7%94%D7%98%D7%A8%D7%99%D7%98%D7%95 %D7%A8%D7%99%D7%94-%D7%A9%D7%9C%D7%99-%D7%9C%D7%98%D7%A8%D7%99%D7%98%D7 %95%D7%A8%D7%99%D7%94-%D7%A9%D7%9C-%D7%94%D7%96%D7%95%D7%9C%D7%AA-%D7%A2

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איש לא ברור replied 4 years ago

Shalom Rav
The division in the sea is a clear decision for Hoshen. What is not clear is what is called the Stone of Help. Why is a Nida not a change in status? It is now forbidden.
There is a Gemara that states that testifying about a priest who is the son of a divorced woman requires two.

There is still a debate about whether to testify about a certain woman who is his sister and he is forbidden to marry her. Does it require two?

מיכי Staff replied 4 years ago

Abba's is what is called in the legal world - personal status. Nida certainly does not belong there. Testifying that a certain person is your sister is evidence of her personal status (family relationship). But testimony that someone is Nida is not related to her personal status and therefore is not a legal person.

מיכי Staff replied 4 years ago

And of course, evidence that someone is a priest is also evidence of personal status, and not of the temporary state of a specific person.