One-Page Learn · The Halachos at a glance
הִלְכוֹת אִסּוּרֵי בִּיאָה
Forbidden Intercourse 10
Sefer Kedushah · Issurei Biah, Chapter 10 • What counts as a birth
40
Days before a form
is complete
14
Days forbidden when
male or female is unknown
23
Days a placenta may
follow a living child
1
Handbreadth, the
smallest placenta
10:1-7When a Birth Begins
  • Birth itself defiles. Every woman who gives birth is impure like a niddah even without bleeding, whether the child is living, stillborn or miscarried, provided its form is complete. (10:1)
  • Forty days. No form is complete in under forty days, even on the fortieth. A miscarriage on the forty-first day after relations is a doubt: the laws of a male, a female and a niddah. A faintly human form: the laws of a male and a female. (10:1-2)
  • The earliest form. Like a lentil, eyes like a fly’s, a hairsbreadth mouth. No days of purity unless the fetus has hair on its head. A white mass with a bone is a birth; a sac of water, blood or shapeless flesh is not. (10:3-4)
  • How it emerged. A Cesarean birth brings neither days of impurity nor days of purity. A fetus removed in parts counts once the majority, or the whole head, has emerged; a normal birth, at the forehead. A hand that came out and returned makes her impure only by Rabbinic decree. (10:5-7)
RememberBirth defiles by itself, but only once there is a form, and only by the natural way.
10:8-11A Human Face
  • The face decides. A form like an animal, beast or fowl is a birth if its face is human, and not if its face is not, whatever the rest of the body looks like. (10:8)
  • What a face is. The forehead, eyebrows, eyes, cheeks and jawline; the mouth, ears and nose may differ. (10:9)
  • Unusual forms. Like a snake, a birth, since its eye is round. With wings of flesh, a birth. One eye and one thigh at the side, a birth; in the center, not. (10:10)
  • Not viable, not a birth. A form that could never live is not a birth, but a severed hand or foot is assumed to come from a complete fetus. (10:11)
RememberThe law finds the human being in the face.
10:12-21The Placenta and the Doubt
  • Never without a fetus. A sandal never forms without a fetus. A placenta, at least a handbreadth, brings the laws of a male and a female: it is not a fetus, but there is no placenta without one. (10:12-14)
  • Order matters. After a living child, a placenta even 23 days later is the child’s. After a miscarried fetus, or before a living child, it raises concern for another fetus, and no days of purity are granted. (10:14-17)
  • Twins and the unseen. A boy and a girl: the laws of a girl. A tumtum or androgynus: both. An unseen miscarriage: both if she was known to be pregnant, both and a niddah if not. Without form or bleeding, a dry discharge leaves her pure. (10:17-19)
  • What the doubts mean. Male and female: fourteen days forbidden, seven certain and seven doubtful, days of purity only to the fortieth day. With niddah added: no days of purity at all. (10:20-21)
RememberWhere the law cannot see, it does not guess; it holds every possibility.
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Mishneh Torah, Hilchot Issurei Biah, Chapter 10 (Sefer Kedushah), with the commentators’ notes that the Shulchan Aruch treats a woman as impure after any miscarriage, since we are no longer expert in these distinctions. Readings drawn from Berachot 60a on the forty days, Niddah 30b on the child learning Torah in the womb, and Tanya, chapter 2. A study overview, not a halachic ruling - consult a competent rav for practical questions.