Following Mikwaoth is the treatise Niddah (the menstruant). As one might suspect this treatise deals with the determination of the precise times of uncleanness for a woman relative to her menstrual periods. Four particular kinds of women are deemed to be unclean only during their menstrual period: a virgin (bethulah), a pregnant woman, a nursing mother, and an old woman (1.3). The virgin (bethulah) is defined as a woman who has never had a period, even if she is married. A pregnant woman is defined as one who is visibly pregnant. A nursing mother is one who has not yet weaned her child. An old woman is defined as one who has not had a period for a length of time equivalent to the time over which she would ordinarily have had three menstrual periods.
Obviously the discussion at this point is a little confusing, because the four defined types of women would probably not be menstruating at all, so the following statement in 1.3 is unclear: “For four kinds of women it is enough for them [that they be deemed unclean only from] their time [of suffering a flow].” I’ll leave it to the rabbis to sort out the confusion.
In section 2 of the treatise, the cleanness of a woman (presumably determining the end of her period) must be done by examination, which must be done by another woman. The exception is that a woman is assumed to be clean if her husband has been on a journey and has returned. She is assumed to be clean so that they may resume sexual relations (1.4).
Section 3 of the treatise deals with miscarriages and how that affects the woman’s cleanness. In those cases, such things as how far along the preganancy was affect the determination of cleanness or uncleanness. Interestingly, the fetus is considered to have been fully formed after forty-one days (3:7).
Section 4 considers Samaritan and Gentile women, as well as women from various sects of Judaism. Samaritan women “are [deemed unclean as] menstruants from their cradle” (4.1). “The daughters of the Sadducees, if they follow after the ways of their fathers, are deemed like to the women of the Samaritans” (4.2).
At this point, from the perspective of 21st-century Westerners, the discussion gets bizarre, but interesting nonetheless. Section 5 deals, among other things, with betrothal. “A girl three years old and one day may be betrothed by intercourse; her decease childless husband’s brother can acquire her by intercourse” (5.4). In a similar fashion, “If a boy nine years old and one day had connexion with his childless brother’s widow, he has acquired her to wife, and he cannot give her a bill of divorce until he comes of age” (5.5).
Twenty-year-olds who have not grown two hairs (one presumes pubic hair) must furnish proof that they are twenty years old and are considered to be sterile. This applies both to men and to women (5.9).
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