What is the significance of the fact that the Torah discusses the Tum'ah of humans following the previous Parshah of the animals?
Rashi: To teach us that, just as the creation of the animals preceded that of man 1 , so too does the Torah give precedence to the Dinim of the animals.
Rosh: Yoledes was taught after the forbidden species to teach us that Hashem commands the fetus not to eat them, and it is after he accepts it that he is born.
Moshav Zekenim #1: Yoledes was taught shortly after the Mitzvah to be Kadosh (11:44) since one should sanctify oneself at the time of intimacy, 2 and request from the One who gives children. And "Daber el Bnei Yisrael Leimor" teaches us that the men should teach this to their wives.
Moshav Zekenim #2: Yoledes was taught shortly after "Al Teshaktzu es Nafshoseichem"(11:43), to teach that one should not have relations immediately after 3 leaving the bathroom.
Moshav Zekenim #3 (citing Sotah 11b): Yoledes was taught shortly after Yetzi'as Mitzrayim (11:45), to teach us that the redemption was in the merit of the righteous women of that generation.
Moshav Zekenim #4: Yoledes was taught shortly after "ba'Mayim" (in 11:46), to teach us that a woman becomes pregnant only shortly after she Tovels (Nidah 31b).
Moshav Zekenim #5: Yoledes was taught right after "Lehavdil" (11:47), to teach us that one must separate from one's wife shortly before her Veses (her period). In this merit she will give birth to a male proper to give rulings in Yisrael.
Moshav Zekenim #6: Yoledes was taught right after "Lehavdil" (11:47), to teach that [if she converted or was raped 4 ] she must delay three months (before having relations with a man), to distinguish between a fetus conceived in Kedushah and one conceived not in Kedushah.
Refer to 13:2:1:4.
Ba'al ha'Turim: It follows "Lehavdil bein ha'Tahor u'Vein ha'Tamei" to teach us a. the Din of waiting three months between the marriage of two men, in order to identify the father and b. to separate from one' wife close to her period.
See Sifsei Chachmim as to why the creation of the animals preceded that of Adam and as to why the Dinim of a man do not precede those of a woman.
Moshav Zekenim: For example, they should not think about other conjugal partners during intimacy (Nedarim 20b). Moreover, if they have thoughts of Yir'as Shamayim during intimacy, then the child will have Yir'as Shamayim.
Gitin 70a: One should delay the time to walk half a Mil (nine or eleven minutes).
Likewise, if she was widowed or divorced, she should wait three months to avoid a Safek as to who is the father (Yevamos 42a).
Who are the words "B'nei Yisrael" coming to preclude?
Rashi (in Bava Kama, 38b): It precludes Nochriyos from the Dinim of Tum'as Leidah. 1
See Torah Temimah, note 2.
Why does the Torah insert the (otherwise superfluous) words "Ishah ki Sazri'a"?
Rashi and Ramban #1: To teach us that, even if the baby is born squashed 1 - and resembles Zera (semen), the woman is nevertheless Tamei Leidah.
Ramban #2 (citing Nidah, 31b): The sequence of the Pasuk teaches us that if the woman 'seeds' 2 first, the baby will be a boy; whereas if the man 'seeds' first, then it will be a girl. 3
Moshav Zekenim (citing Nidah 40a): "Ki Sazri'a ve'Yaldah" teaches that this Parshah applies only if the woman gave birth from the place of Hazra'ah - to preclude birth via Caesarian section. 4
Kerisos, 7b: The Torah writes "Ishah" to include a Giyores and a Shifchah Cana?anis 5 in the Din of Tum'as Leidah.
Ramban: Provided it originally had the form of a baby. See Torah Temimah, note #3 and refer to 12:3:0.1:2.
Ramban: A woman does not have seed, and the Gemara is referring to her blood and the man's seed. See also Hadar Zekenim.
Moshav Zekenim: Because the latter is Mevatel the former. See also Torah Temimah, note #5, and Oznayim la'Torah DH 'Ishah ki Sazri'a' #2, who explains why this is.
See Torah Temimah, note 4.
Kerisos 7b: Both before and after they have been set free.
Why does the Torah write "Veyaldah Zachar" and not "Veyaldah Ben"?
Yerushalmi Pesachim, 2:1: To include where the baby is born dead (since 'Ben' implies a live son). 1
See Torah Temimah, notes 6 & 8.
Why does the Torah write "Vetam'ah (and not u'Teme'ah) Shiv'as Yamim" (See ha'Torah ve'ha'Mitzvah)?
Sifra: To teach us that she is Tame'ah, but the baby is not.
Why is Tum'as Leidah for a boy seven days and for a girl, fourteen?
Nidah, 31b: Because, when a woman is about to give birth, she swears that she will not be intimate with her husband again. Then, after she has given birth she relents, seven days after a boy - when everyone is happy, 1 and fourteen days after a girl, when everyone is sad.
See Torah Temimah, note 9.
What are the implications of "Veyaldah Zachar"?
Bava Basra, 127a: It implies that the Din of Milah on the eighth day is confined to where the baby is known to be a male when he us born, to preclude a Tumtum who is torn open and is found ton be a boy only after he is born. 1
See Torah Temimah, note 20.
Seeing as the Torah specifies that a Yoledes is Tamei for seven days, why does it need to add "ki'Yemei Nidas Devosah Titma"?
Rashi #1: To teach us that she is Tamei Leidah even though she gave birth without seeing blood. 1
Rashi #2 (in Pesachim, 90b): To teach us that, like a Nidah, she must Tovel at night-time. 2
Moshav Zekenim (citing Nidah 35b): "Devosah Titma" includes Bo'el Yoledes (he is like Bo'el Nidah), and the nights (we do not expound "ki'Yemei" to exclude the nights), and Yoledes be'Zov, that she must count seven clean days (like a regular Zavah) 3 - just like clean days of Nidah - in which she does not see blood - do not count towards the seven clean days that a Zavah needs, so too, do the clean days of Leidah not count towards the seven clean days that a Yoledes be'Zov needs.
Sifra #1 (according to the Ra'avad): This teaches us that even though Koshi (pains before birth) is Metaher from Zivah, it is not Metaher from Nidah.
Sifra #2: To teach us that, like by Nidah, 4 the seven days must be consecutive.
What are the connotations of the word "Nidas Devosah"?
Rashi #1: It is an expression of flowing. 1
Rashi #2, Ramban #1, and Rashbam: It is an expression of sickness 2 - because when a woman sees blood, she is sick - since her head and her limbs feel heavy.
Ramban #2: It is an expression of plague and pain. 3
See Ramban and Sifsei Chachamim.
As in Yirmiyah, 8:18 (Rashbam).
As in Yirmiyah, 8:18 and in Eichah, 5:17 (Ramban).
Which women are subject to Tum'as Yoledes and a Korban?
Sifra: "B'nei Yisrael" precludes Nochriyos. "Ishah" includes converts 1 and Sh'fachos, both before and after they have been set free (Kerisos 7b).
Moshav Zekenim: When the Gemara states in Kesuvos, 44b that a convert is a full Yisre'elis, it is referring to where her conception was bi'Kedushah (where both parents were Jewish). If not, we need a D'rashah to include her.
For which babies do Tum'as and Korban Yoledes apply?
Moshav Zekenim: It is both for a (viable baby, that was in the womb for) seven month and nine month baby, and an eight month baby (a Nefel) or a mashed baby, or it came out cut up. There is an argument if the head was cut up. It is even for a miscarriage after 40 days, or a Shilya (fetal sac), However, the form of a fish is excluded; it must be a human form. Tana'im argue about the form of an animal.
According to the opinion that there is blood ogetherwith every birth, why does the Torah need to teach that Yoledes Zachar is Tamei for seven days?
Moshav Zekenim #1 (citing R. Yeshayah); If not, we would have learned from a Kal va'Chomer. Yoledes Nekevah, has more Y'mei Tohar, and she is Tamei for fourteen days, and all the more so Yoledes Zachar!
Moshav Zekenim #2: If she gave birth during the days of Zivah, due to Dam Leidah she would be Shomeres Yom k'Neged Yom, and she could immerse the next day, The Pasuk teaches that she is Tamei for seven days.
Moshav Zekenim #3: If she became Nidah and gave birth on day seven 1 of Nidah, Dam Leidah would not affect her, and she could immerse at night. The Pasuk teaches that she is Tamei for seven days.
Moshav Zekenim #4 (citing R. Yitzchak): This teaches about Yoledes amidst Koshi (labor pain)..The blood should not be Metamei her, since we expound "Damah" but not blood due to birth of a child (Nidah 36b).
We find a similar distinction where she saw blood due to labor [or one twin was born] during the day, but the [second] baby was born only at night. Due to Tum'as Leidah, she counts seven days from the day of the [second] birth. (PF)
Why is a Yoledes Zachar Tamei for seven days?
Moshav Zekenim #1: This corresponds to seven days of Aveilus. 1
Moshav Zekenim #2, Otzar ha'Midrashim and R. Avigdor (in Nidah 30b): This recalls that a male was created on day six of creation. The Taharah after his birth is after seven days, which is seeing the countenance of Shabbos. Chavah was created in the second week, according to R. Pinchas ben Ya'ir (unlike Chachamim, who say that also she was created on day six), so her Taharah is after 14 days.
He did not explain the connection. Perhaps there is Tum'ah now, for eventually there will be Aveilus over him when he dies. (PF). Ba'al ha'Turim: Seven days when he comes and seven days when he leaves!
QUESTIONS ON RASHI
Rashi writes that since animals were created before man, their laws were taught first. If so, all laws of males, such as Metzora, should precede those of females!
Riva: The Torah teaches first what is common. Most women give birth, but a minority of men become Metzora'im.
Riva citing R"M of Kutzi: After discussing Tum'ah and Taharah of food, it discusses Tum'ah and Taharah of people. It began with Yoledes, for birth is the beginning [of man].
Riva (citing R"M of Kutzi, citng Vayikra Rabah 15:5): Metzora was taught after Tum'ah Yoledes (which is like Nidah), to teach that if she has Bi'ah when she is Nidah, the child will be a Metzora.
Rashi writes that even if the baby resembles Zera (the Parshah applies). But if the baby does not have a human form, there is no Tum'as Leidah?
Moshav Zekenim (citing the Rosh): The form is recognized; Chachamim call this a Shefir Merukam.
Rashi writes that even if the baby resembles Zera (the Parshah applies) - here where the mother is Tamei for seven days. But if we cannot tell the gender of the baby, she is Tamei for fourteen days, in case it is a girl?
