QUESTION: The Gemara relates that Minyamin Saksena'ah was on the way to the city in which Shmuel was the leading Halachic authority. He intended to rule according to Rav (64b), that a Bogeres (a bride over the age of twelve and a half) is permitted to her husband for the whole of the first night. Minyamin intended to permit her even if she had previously seen Dam Nidah in her father's house before the wedding, because he said that Rav made no distinction between a young woman who had seen blood before and one who had not seen blood.

How could Minyamin have intended to rule in such a way? Even if Rav indeed made no distinction between a young woman who had seen blood before and one who had not, the Gemara later (65b) states that Rav and Shmuel both ruled that, in practice, the husband is permitted to be with her only for the first Be'ilah, the "Be'ilas Mitzvah," after which he must separate from her until she becomes Tahor again. (See TOSFOS DH Savar, and see Insights to 64:2 where we cite the RASHBA's answer to this question.)

ANSWER: The CHOCHMAS BETZALEL (in PISCHEI NIDAH) answers this question based on the words of the ROSH (9:1) who discusses the reason for why Raboseinu, as well as Rav and Shmuel, ruled that in all cases only the Be'ilas Mitzvah is permitted. The Rosh explains the Gemara later (65b) in which Ula states that "when Rebbi Yochanan and Reish Lakish studied 'Tinokes,' they extracted from it no more than a fox takes from a plowed field." RASHI there (DH Ki and DH mi'Bei) explains that when they studied this Perek, the title of which is "Tinokes," they extracted no more than the dust that clings to the legs of a fox as it leaves a plowed field. That is, they derived no practical Halachah from the Mishnah, but only from the Beraisa in which Raboseinu state that in every situation only Be'ilas Mitzvah is permitted.

The Rosh explains that the reason for this stringency cannot be the concern that blood from the Mekor (womb) came out together with the blood of the Besulim, because there is no reason to suspect that such a thing should happen to a girl who is not yet at the age at which she expects to see Dam Nidah. The Rosh adds that even in the case of an adult woman there should be no reason to suspect that Dam Nidah emerged with the Dam Besulim, because the Gemara later (66a) says that even a woman who experiences bleeding consecutively as a result of relations three or more times is permitted to her husband if it is known that she has a wound that is causing the bleeding. In such a case, she may assume that the blood is coming from the wound and is not Dam Nidah. It is clear that there is no concern that blood from the Mekor became mixed with the blood from the wound. Similarly, the "wound" of the Besulim certainly should be considered a wound to which the bleeding may be ascribed.

The Rosh therefore writes that the reason for the stringency that, in every case, only the first Be'ilah is permitted is that this is a matter that involves all people, but not everyone is qualified enough to appreciate the distinction between a girl who is not yet old enough to see Dam Nidah, a girl who is old enough to see Dam Nidah, and a Bogeres, and between the Halachah in the case of a girl who has already seen Dam Nidah and one who has not yet seen Dam Nidah even though she is old enough to see. Moreover, the newly-married husband desires his wife and might not be careful to follow the Halachah properly. Therefore, the Chachamim established a uniform Halachah for all cases and applied the strictest Halachah to everyone: the Halachah of a Bogeres who has already seen Dam Nidah, who is permitted only for the Be'ilas Mitzvah. (The Rosh, however, rules that the husband is permitted to complete the Be'ilah in a normal manner and he is not required to do so in the manner described in Shevuos 18a, in the case of a man who discovers, during relations, that his wife is a Nidah. See SHACH and TAZ to YD 193:1 who rule like the Rosh.)

The Chochmas Betzalel asserts that the reasoning of the Rosh answers the question of Tosfos (DH Savar). If Rav would have made no distinction between whether she had already seen Dam Nidah or not, the most stringent Halachah would have been the law that a Bogeres is permitted for all of the first night (even if she had already seen Dam Nidah, as Rav made no distinction in this regard). Therefore, according to the Rosh, the law that all brides are permitted only for the first Be'ilah would never have been said, because it would have been sufficient to prohibit them after the end of the first night. Accordingly, Shmuel would not have objected to Minyamin's intentions. It was only because Minyamin intended to rule like Rav even in a case in which she had seen Dam Nidah that Shmuel objected, because Rav was more stringent in a case in which she saw Dam Nidah, and thus in the latter case he must have permitted only the Be'ilas Mitzvah. Since in the most stringent case only the Be'ilas Mitzvah is permitted, this stringency was imposed on everyone by Raboseinu. Shmuel objected to Minyamin for not ruling in accordance with Raboseinu.

(The Chochmas Betzalel writes that the reason why Tosfos does not accept this answer is that Tosfos maintains that the reason for the stringency of Raboseinu is not as the Rosh writes, but rather as the RASHBA writes -- that we indeed are concerned that some blood from the Mekor may have emerged with the Dam Besulim. The Rashba writes that even if no Dam Besulim came out at all, the husband still must not be with his wife, because it is possible that a drop of Dam Nidah came out and was lost or was covered by another substance.) (D. BLOOM)

QUESTION: The Gemara discusses how many days a Bogeres is permitted to her husband after the first Be'ilah. After the Gemara describes how a certain Amora erred in Rav's ruling that a Bogeres is given the entire night (the Amora thought that Rav's ruling applied even to a Bogeres who saw blood earlier), the Gemara quotes a statement from Rav Chinena bar Shelamya in the name of Rav: "When a person's teeth fall out (i.e. he gets old), his sustenance decreases, as it says...."

What does this statement have to do with the subject of how many days a Bogeres is permitted to her husband after the first Be'ilah?

(a) The simple answer is that this statement was said by the same Amora (Rav Chinena Bar Shelamya in the name of Rav) as an earlier statement that was relevant to the topic of a Bogeres.

(b) There is a thematic relationship between this statement and the preceding Sugya. The Halachos in the Mishnah demonstrate that as a woman gets older, she has less Dam Besulim. Similarly, as a person gets older, his sustenance decreases. (See also the MEI NIDAH, who gives a lengthy and deep exposition on the connection between this statement and the Mishnah.)

OPINIONS: In the Mishnah (64b), Beis Shamai and Beis Hillel give different guidelines with regard to having relations with a Besulah (see Chart to 64b). In the Gemara, however, Rav and Shmuel rule like Raboseinu, who enacted that one who has relations with a Besulah must separate from her after completing the act of the first Be'ilah ("Be'ilas Mitzvah"), regardless of her degree of physical maturity and regardless of whether she actually bled during the Be'ilah.

What is the reason for the enactment of Raboseinu?

(a) The ROSH (10:1) gives two reasons for the enactment of Raboseinu. The first is that a man is not always able to distinguish between women of different ages and levels of physical maturity. A man might think that his wife has not yet reached the age of menstruation and he will conduct himself accordingly (see Chart), when in fact she has reached that age. Therefore, the Chachamim established a single standard of conduct for all types of women.

(b) The second reason is that a man who gets married for the first time is often overpowered by his desires. If he knows that some women are permitted even after they have seen blood as a result of relations for the first time, he may succumb to his temptation to be with his wife again without waiting.