Home – Laws of Religion, Judaism and Islam

 

Next – 10. Forbidden Sexual Acts

 

Table of Contents – Laws of Judaism Concerning Women and Men

 

 

Laws of Religion

Laws of Judaism Concerning Women and Men

 

9. Menstruation Restrictions

from the Biblical Books of Moses (Torah),

the Code of Maimonides (Mishneh Torah)

and the Shulchan Aruch

 

 

Menstruation Restrictions

From the Biblical Books of Moses (Torah)

 

The Torah says that a woman who discharges menstrual blood is to be separated for seven days.[1] If her discharge is not at the usual time of her menstrual period or if it extends beyond the usual time, she is impure during the whole time of the discharge.[2] (Editor’s note:  Most of the rules concerning ritual purity in Judaism are no longer followed, as explained in the Introduction to the section on Ritual Purity in Judaism. Among those that are still observed are the prohibitions concerning contact with one’s wife from the commencement of vaginal discharge of blood or from childbirth until ritual immersion in a pool of water (mikveh).)

­­­­­­­­­­­­­­­­­

 

Menstruation Restrictions

Jewish Law (Halakha) from the Code of Maimonides (Mishneh Torah)

 

Contents:

 

Irregular genital flows, menstruation and childbirth

 

Purification by immersion following irregular genital flows, menstruation and childbirth

 

Prohibitions on intercourse and other acts with women who are menstruating or have other vaginal discharge

 

 

Irregular genital flows, menstruation and childbirth (Maimonides, Mishneh Torah). A person who has an irregular genital flow (flux) and a woman who is menstruating or has given birth is impure until purified by immersion.[3] (Editor’s note: In reality, all Jews in the present era are ritually impure and remain impure even after immersion, as explained in the Introduction to the section on Ritual Purity in Judaism. Most of the rules concerning ritual purity in Judaism are no longer followed. Among those that are still observed are the prohibitions concerning contact with one’s wife from the commencement of vaginal discharge of blood or from childbirth until ritual immersion in a pool of water (mikveh). While we refer to states of ritual purity and impurity in the present era, these terms are now used solely to describe, for example, when it is permitted to have sexual intercourse with a woman rather than referring to actual ritual purity and impurity.)

 

For a woman, irregular genital flow causing impurity is bleeding at a time other than her normal menstrual period.[4] The discharge must be red blood not a white or green liquid in order for it to render the woman ritually impure.[5] Such a discharge or a menstrual flow makes a woman impure even if it is the result of jumping or becoming sexually excited as a result of observing the mating of animals or birds.[6]

 

 

Purification by immersion following irregular genital flows, menstruation and childbirth (Maimonides, Mishneh Torah).  To become pure, a woman who has suffered from irregular genital flow or who has completed her menstrual period or given birth must undergo immersion.  Otherwise, even many years later such a person will still be impure.[7]

 

Immersion in water is to be done on the eighth night following the commencement of the menstrual period.[8] A woman with irregular genital flow lasting one or two days waits one day after cessation of the flow before immersing herself. A woman with a longer period of irregular genital flow,[9] one who has given birth to a male, and a man with irregular genital flow wait seven days. After giving birth to a female, the period of waiting is fourteen days.[10] A man or a woman who immerse after the seven day period following irregular genital flow may not engage in any activities that require them to be pure until the evening following their immersion.[11]

 

Total immersion in water (mikveh) is required for any impure person to become pure.[12] A person should undergo immersion naked and all hair must be immersed. However, if the person is wearing clothes, the immersion is still effective.[13] Waiting until sunset is also required to achieve purity following immersion in many cases, including irregular genital flow.[14]

 

The water used for immersion must have come together on the ground.[15] Water that has been drawn, as for a bath, will not remove ritual impurity.[16] There is a hierarchy of types of bodies of water which have varying degrees of effectiveness.[17] The highest grade is a flowing stream, which is the only type of water that can lift the impurity of a person with irregular genital flows, a menstruating woman or one who has recently given birth.[18]

 

Immersion without intention, for example by falling into water, purifies a menstruant after her period has ended, so that she may have sexual intercourse with her husband.[19]

 

The requirements of the purification procedures with immersion in a pool of water (mikveh) for a menstruating woman (niddah) or one who has recently given birth have been made more stringent than they originally were by increasing the time that must pass before immersion can occur.[20] Furthermore, all blood emanating from the vagina is now regarded, for purposes of determining the time for immersion, as the blood of irregular genital flow. Therefore, rather than immersing after seven days following the commencement of menstruation, it is now required to wait seven days following the cessation of the menstrual flow. This extended period of impurity now applies to any vaginal bleeding[21] including bleeding of the hymen following intercourse of a virgin.[22] Similarly, a woman must now wait seven days after the flow of blood after childbirth stops before immersing herself rather than waiting just seven days after giving birth to a boy or fourteen days after the birth of a girl.[23] The prohibitions concerning contact with one’s wife from the commencement of menstrual flow until ritual immersion are still observed.

 

 

Prohibitions on intercourse and other acts with women who are menstruating or have other vaginal discharge (Maimonides, Mishneh Torah).  A man who has intercourse with a menstruating woman, with a woman with irregular genital flows or with a woman who has recently given birth is subject to the punishment of extinction (karet in Hebrew)[24] which entails a flogging.[25] This punishment pertains as long as the tip of the man's penis has entered her vagina or anus and she is over three years old.[26] (If she is less than three years and one day old, intercourse with her is not regarded as intercourse^*.[27]) This is the punishment if the intercourse occurs before the time of purification of the woman by immersion.[28] If the woman fails to purify herself by ritual immersion in a pool of water (mikveh) after menstruation, irregular genital flow or childbirth, then a man who has intercourse with her, even years later, is liable to extinction (karet).[29] A man who has intercourse with a woman who is presumed by her neighbors to be menstruating is subject to a flogging.[30]

 

A man is forbidden from getting close to his menstruating wife even if they are both fully clothed. This prohibition applies through the seven days following the cessation of menstrual flow until her ritual immersion in a pool of water (mikveh). He is not to come into contact with her even if they are both fully clothed, nor touch her even with his little finger.[31] Nor may he eat out of the same dish with her.[32] During this period, she may not fulfill her usual obligations[33] to her husband of washing his hands, his face and his feet.[34] Also, her usual obligation to make his bed[35] should be fulfilled only when he is absent.[36] Her usual obligation to hand him his drinks[37] should be fulfilled by placing the drink on the floor or on a table where he can take it for himself.[38] All of these restrictions are to prevent the occurrence of prohibited sexual intercourse.[39] However, a man may gaze at his wife when she is forbidden to him because of her menstrual period, but he should not joke or act frivolously with her, lest this lead to forbidden contact.[40]

 

If a woman has regular menstrual periods, her husband may assume that she is not having her period when it is not her usual time unless she or her neighbors say that she is menstruating.  Thus, he may have intercourse with her if he arrives home from a trip and she is asleep.[41] He is to refrain from having intercourse with her on the day or evening when her menstrual flow is expected, even if it has not yet begun.[42]

 

If a woman says that she is ritually impure (e.g., menstruating) and then says that she had only been joking and that she is, in fact, pure, she is to be believed only if she provides a good reason for having said she is impure – for example, that her husband's mother or sister were nearby and she did not want to be seen by them having intercourse with her husband.[43]

 

A man is forbidden from having sexual relations with his wife close to the expected time of the beginning of her menstrual period. If her period normally begins in the daytime, the prohibition begins at the beginning of that day; if it is usually at night, then relations are forbidden from the beginning of that night.[44]

 

If in the midst of intercourse the woman, who was ritually pure, declares that she has become impure (due to menstruation or other vaginal discharge), the man must not withdraw from her while he still has an erection. This is because a man derives equal pleasure from withdrawal and entry and so the punishment of extinction (karet) would apply. Rather, he should remain motionless with his toenail dug into the ground until his penis is no longer erect. Only then is he to withdraw.[45]

 

A woman whose menstrual periods are not regular must test herself for blood with a white cloth both before and after each act of sexual intercourse. If her periods are regular, then the test cloth is only required after intercourse. The man must also wipe himself with a cloth to test for his wife's blood after intercourse.[46]

 

No test cloth is needed after intercourse with a virgin, since the flow of her blood is ritually pure; it is not considered as menstrual blood.[47] However, as explained above on this page, since the time of the Talmudic sages, Jewish women have adopted the practice of regarding the blood from the torn hymen of a virgin as causing ritual impurity. To become pure again, the woman must ritually immerse herself in water after seven days without vaginal bleeding.[48]

 

 

Menstruation Restrictions

Jewish Law (Halakha) from the Shulchan Aruch

 

Contents:

 

Impurity from vaginal discharge of blood

 

Prohibitions on intercourse and other acts with women who are menstruating or have other vaginal discharge

 

^*Sexual intercourse with a female less than three years and one day old is not considered as sexual intercourse[87] because, according to Maimonides, healing will restore the hymen and thus the virginity of such a young female following intercourse.[88]

 

^**The Shulchan Aruch, written by Joseph Caro in the 16th century, represents his Sephardic background. Printed copies of the Shulchan Aruch always include the comments of Moses Isserles, which are written from an Ashkenazi perspective.

________________

Home – Laws of Religion, Judaism and Islam

 

Next – 10. Forbidden Sexual Acts

 

Table of Contents – Laws of Judaism Concerning Women and Men

Abbreviations used in footnotes:

Gen: The Biblical book of Genesis.

Exod: The Biblical book of Exodus.

Lev: The Biblical book of Leviticus.

Num: The Biblical Book of Numbers.

Deut: The Biblical Book of Deuteronomy.

 

MT:  The Mishneh Torah of Maimonides (Code of Maimonides). The names of the specific books and treatises within each book are given according to the Yale University Press translation and also the Moznaim/Touger Hebrew transliterations to facilitate locating the texts posted here.

F:  indicates page numbers in the Feldheim Publishers, Ltd., translation of Book 1 of the Mishneh Torah of Maimonides, the Book of Knowledge.

M:  indicates page numbers in the relevant volume of the Moznaim Publishing Corporation’s Touger translation. (Some of the books of Mishneh Torah are published in several volumes by Moznaim, so the Moznaim volume numbers do not correspond to the Book numbers of Maimonides’ work.)

Y:  indicates page numbers in the translation of the Yale University Press Judaica Series.

 

SA:  The Shulchan Aruch of Joseph Caro, with the comments of Moses Isserles noted, as appropriate. Our summaries are based on the Sefaria English translation, which is not yet complete. The four sections of the Shulchan Aruch are on Sefaria at the following links: Orach Chayim, Yoreh De'ah, Even HaEzer and Choshen Mishpat.

    

●  The sources cited are described on the page Source Texts Used for Laws of Judaism.