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I know from experience and some introductory study of the laws of Niddah that rabbis typically try to find leniencies wherever possible in issues of family purity. In many instances, a Posek will rely on a technicality to permit a husband and wife to be together even though common sense might dictate that the likelihood is extremely low that a particular stain, or even series of stains, came from any source other than uteran blood.

I appreciate the delicate nature of these questions, as well as the importance of finding ways to be lenient in these matters. I also understand that in many communities, women must trek far distances, even today, to get to a Mikvah, and that even when a Mikvah is easily accessible and clean some women find it difficult to go.

But in instances when the rabbi knows that a woman can easily access a clean, warm, Mikvah with friendly attendants, and the particular woman asking the question enjoys the experience and has no emotional or personal difficulty getting ready or accessing the Mikvah, why isn't she encouraged to be stringent and go "just in case", when the leniency being applied is based on a technicality and the woman wouldn't need to separate from her husband for any extra time (she could go that night)?

I understand that we don't. But why not?

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I do not understand your question. When a lady has a question it usually would restart the 7 day counting period. So by the Rabbi being stringent it would be more than that evening. In what case would a women gain by a lenient ruling only that day? –  Gershon Gold Jun 16 '13 at 21:07
    
In a case where something was seen that could potentially put her into a state of Niddah, which hadn't been established yet, and it had already been a few days since the last marital "contact" or "act" because they feared such contact would b4 problematic. This is not unheard of. –  Seth J Jun 16 '13 at 21:56
    
The seven clean days are because, due to Minhag Bnoth Yisrael, we assume all Niddah cases are Zavah cases, which require seven clean days. Niddah itself doesn't require that, but it does require immersion in a Mikvah. That being the case, when ruling leniently, why not still be cautious and go to Mikvah, just in case she is, by the Torah's definition, in a state of Niddah? The technicality is usually an allowance to assume the blood is either not blood or not from the uterus. If it is, then she should be Niddah. –  Seth J Jun 16 '13 at 22:50
    
@gershon perhaps a post facto mikvah/chatzitza question or maybe an older mareh? –  Double AA Jun 16 '13 at 23:46
    
@Seth niddah still requires 7 days, just not necessarily clean ones. –  Double AA Jun 16 '13 at 23:48

2 Answers 2

IN GENERAL

A woman who has been to mikve has a chazaka of being "clean" therefore whenever a question comes up (excluding days where she must check herself i.e days 30,31) the Rabbi needs concrete evidence to break that chazaka so any reason to say the stain came from some place else is enough to keep the chazaka in place and it's not considered being lenient. However once a woman sees nidah blood then her chazaka is one of a "unclean" woman and in that case you need a strong case to make her "clean" so the same blood she sees during her clean days maybe declared clean while if she saw the same type of blood during a "hefesk tahara" it would be declared unclean.

The concept of Chazaka is one of the main pillers of halacha. However you can look at the following to get an idea how it is used in the laws of Nida

Nida 15a כל הנשים בחזקת טהרה לבעליהן

Shulchan Aruch Siman 184, Seif 9

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Thanks for this answer. Can you add a source to support it? –  Monica Cellio Jun 19 '13 at 13:01
    
@MonicaCellio There are good sources for this in Mishneh Torah, Isurai Biyah. One of the main reasons is that a woman is only tameh from the torah if she has a flow of blood from the main room of the uterus accompanied by a hargasha. All the laws of stains are D'Rabbinan. If I have time I'll add them, or you can just read them here: mechon-mamre.org/i/5109n.htm You can also poke around in the previous chapters for more info. But since a ketem is rabbinic I would think the principle of a doubt from the torah be stringent, a doubt from rabbinic be lenient applies. –  Robert S. Barnes Jun 23 at 9:18

The Mishnah (Niddah 58b) addresses this question:

מעשה באשה אחת שבאת לפני ר"ע אמרה לו: ראיתי כתם, אמר לה: שמא מכה הייתה ביך? אמרה לו: הן, וחיתה. אמר לה: שמא יכולה להגלע ולהוציא דם? אמרה לו: הן. וטהרה רבי עקיבא. ראה תלמידיו מסתכלין זה בזה, אמר להם: מה הדבר קשה בעיניכם? שלא אמרו חכמים הדבר להחמיר – אלא להקל שנאמר (ויקרא ט"ו) ואשה כי תהיה זבה דם יהיה זובה בבשרה, דם ולא כתם

In other words, a stain does not make a woman a niddah min ha-torah, but only miderabbanan. The rabbis therefore have the authority to be meikil on their rules. See http://he.wikipedia.org/wiki/%D7%94%D7%A8%D7%92%D7%A9%D7%AA_%D7%A0%D7%99%D7%93%D7%94

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The posters here are mistaken. Just because it is uteran blood does not necessarily make her a nidda. Of course if it isnt then she isnt a niddah which this answer says. Even uteran blood the woman has to 'feel' it leaving her body. Exactly what kind of a 'hargasha' feeling is necessary is beyond the scope of this comment. If there is no hargasha feeling she is not a nida min hatora and that is why there are kulos by staining. Not because of the reason this poster mentions. –  user2800 Jun 17 '13 at 22:28
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Not sure what you are talking about--all I did was quote a mishnah & link to the Wikipedia page on הרגשת נדה. –  wfb Jun 18 '13 at 1:15
    
Your quote was regarding a 'mako'. A wound and therefore not uteran blood. This is not the issue. Hargosho or lack of it is about uteran blood. –  user2800 Jun 18 '13 at 4:01
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It is not about דם מכה, but about תלייה בדם מכה--since there is no הרגשה, R. Akiva could be תולה בדם מכה (which works even where the דם is bigger than a כגריס). Look it up. –  wfb Jun 18 '13 at 21:06
    
Sorry how does hargosho come into dam mako. –  user2800 Jun 19 '13 at 11:55

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