Niddah

R. ISHMAEL RULED: [IF SHE MISCARRIED ON] THE FORTY-FIRST DAY SHE CONTINUES [HER PERIODS OF UNCLEANNESS AND CLEANNESS AS] FOR A MALE AND AS FOR A MENSTRUANT etc. It was taught: R. Ishmael stated, Scripture prescribed uncleanness  and cleanness  in respect of a male  and it also prescribed uncleanness  and cleanness  in respect of a female,  as in the case of the former  his fashioning period  corresponds to his unclean and clean periods  so also in the case of the latter  her fashioning period  corresponds to her unclean and clean periods.  They  replied: The duration of the fashioning period cannot be derived from that of uncleanness. Furthermore, they said to R. Ishmael, A story is told of Cleopatra the queen of Alexandria  that when her handmaids were sentenced to death by royal decree they  were subjected to a test  and it was found that both [a male and a female embryo] were fully fashioned on the forty-first day. He replied: I bring you proof from the Torah and you bring proof from some fools! But what was his 'proof from the Torah'? If it was the argument, 'Scripture prescribed uncleanness and cleanness in respect of a male and it also prescribed uncleanness and cleanness in respect of a female etc.', have they not already replied, 'The duration of the fashioning period cannot be derived from that of uncleanness'? — The Scriptural text says, She bear,  Scripture thus  doubles the ante-natal period  in the case of a female.  But why [should the test spoken of by the Rabbis be described as] 'proof from some fools'? — It might be suggested that the conception of the female preceded that of the male by forty days.  And the Rabbis?  — They  were made to drink  a scattering drug  And R. Ishmael?  — Some constitution is insusceptible  to a drug.  Then said R. Ishmael to them:  A story is told of Cleopatra the Grecian  queen that when her handmaids were sentenced to death under a government order they were subjected to a test and it was found that a male embryo was fully fashioned on the forty-first day  and a female embryo on the eighty-first day. They replied: No one adduces proof from fools. What is the reason?  — It is possible that the handmaid with the female delayed  [intercourse] for forty days and that it was only then that conception occurred.  And R. Ishmael?  — They were placed in the charge of a warden.  And the Rabbis?  — There is no guardian against unchastity;  and the warden himself might have intercourse with them. But  is it not possible that if a surgical operation had been performed on the forty-first day the female embryo also might have been found in a fully fashioned condition like the male?  — Abaye replied: They  were equal as far as these distinguishing marks were concerned. THE SAGES, HOWEVER, MAINTAIN THAT BOTH THE FASHIONING OF THE MALE AND THE FASHIONING OF THE FEMALE etc. Is not the ruling of the Sages identical with that of the first Tanna?  And should you reply that the object  was to indicate that the anonymous Mishnah represented the view of the Rabbis because when an individual is opposed by many the halachah is in agreement with the many, is not this  obvious?  — It might have been presumed that R. Ishmael's reason is acceptable since it is also supported by a Scriptural text,  hence we were informed  [that the halachah is in agreement with the Sages]. R. Simlai delivered the following discourse: What does an embryo resemble when it is in the bowels of its mother? Folded writing tablets.  Its hands rest on its two temples respectively, its two elbows on its two legs and its two heels against its buttocks. Its head lies between its knees, its mouth is closed and its navel is open, and it eats what its mother eats and drinks what its mother drinks, but produces no excrements because otherwise it might kill its mother. As soon, however, as it sees the light  the closed organ  opens and the open one  closes, for if that had not happened the embryo could not live even one single hour. A light burns above its head and it looks and sees from one end of the world to the other, as it is said, then his lamp shined above my head, and by His light I walked through darkness.  And do not be astonished at this, for a person sleeping here  might see a dream in Spain. And there is no time in which a man enjoys greater happiness than in those days,  for it is said, O that I were as the months of old, as in the days when God watched over me;  now which are the days' that make up 'months'  and do not make up years? The months of pregnancy of course.  It is also taught all the Torah from beginning to end,  for it is said, And he taught me, and said unto me: 'Let thy heart hold fast my words, keep my commandments and live',  and it is also said, When the converse of God was upon my tent.  Why the addition of  'and it is also said'? — In case you might say that it was only the prophet who said that,  come and hear 'when the converse of God was upon my tent.  As soon as it, sees the light an angel approaches, slaps it on its mouth and causes it to forget all the Torah completely,  as it is said, Sin coucheth at the door.  It does not emerge from there before it is made to take an oath,  as it is said, That unto Me every knee shall bow, every tongue shall swear;  'That unto Me every knee shall bow' refers to the day of dying of which it is said All they that go down to the dust shall kneel before Him;  'Every tongue shall swear' refers to the day of birth of which it is said, He that hath clean hands, and a pure heart, who hath not taken My name  in vain, and hath not sworn deceitfully.  What is the nature of the oath that it is made to take? Be righteous, and be never wicked; and even if all the world tells you, You are righteous', consider yourself wicked.  Always bear in mind  that the Holy One, blessed be He, is pure, that his ministers are pure and that the soul which He gave you is pure; if you preserve it in purity, well and good, but if not, I will take it away from you. The school of R. Ishmael taught: This may be compared to the case of a priest who handled over some terumah to an 'am ha-arez and told him, 'If you preserve it under conditions of cleanness, well and good, but if not, I will burn it in your presence'. R. Eleazar