"Halachic infertility," remains so sensitive that I hesitate to print something about it.
By SHLOMO BRODYinfertility 88(photo credit: )QI'm a 30-something married woman looking to conceive. While we do not strictly follow the laws of family purity, we do wait seven days after the end of my period. Recently I've experienced bleeding in the middle of the month, which is apparently associated with my ovulation. Were we to wait another seven days, I'd miss my window of opportunity.
- A.D., JerusalemA The problem that you describe, colloquially known as "halachic infertility," remains so sensitive that I hesitate to print something about it. It represents a conflict of religious values, with the emotional mitzva of procreation thwarted by observance of family purity laws. Moreover, each woman's body remains different, so an individualized answer requires much personal information that is irrelevant to the next woman. That said, I was convinced by a number of friends that a general overview of the topic would help clarify many issues and hopefully create greater awareness to solve these problems.
The Torah (Leviticus 15) deems two types of women with uterine bleeding as prohibited to engaging in intimate conduct with their husbands. The first, a nidda, sees menstrual blood during an expected period, and must abstain from sexual contact until seven days from the beginning of the bleeding. A second type, a zava, sees uterine bleeding during an unexpected time, and if the bleeding lasts for three or more consecutive days, she must abstain from sexual activity for seven days after the bleeding ceases. Thus according to biblical law, a woman would count only seven days from the beginning of her period, and if she has stopped bleeding, can immerse herself in a mikve and engage in sexual intercourse.
Yet already in talmudic times, this two-tier system of nidda created much confusion. Eventually Jewish women took it upon themselves to treat all bleeding, including specks or stains of blood, as a sign of becoming a zava (Nidda 61a). As such, anytime a woman bleeds, she must count seven bloodless days, beginning with the night following the cessation of bleeding. This stringency, known as Humra De-Rebbi Zeira, was subsequently deemed a "halacha pesuka," a bona-fide law (Brachot 31a), with Nahmanides (13th century, Spain) declaring that one can never waive it (Hilchot Nidda 1:19). While Conservative rabbis challenge this ruling, it is universally accepted within the Orthodox world as non-negotiable in all circumstances.
Additional medieval rulings, based on talmudic sentiments, asserted that a woman cannot begin counting the seven "clean" days until several days have passed (Ashkenazi decisors required a five-day waiting period, while some Sephardi figures only required four). While the initial concern related to post-coitus emissions, Rabbi Moshe Isserles (16th century, Poland) and his predecessors applied this waiting period to all women, even if they did not engage in sexual relations before seeing blood (YD 196:11). While this is irrelevant for many (but not all) menstruating women for whom it takes at least four days for all blood to clear, this is certainly not the case for women who stain once in the middle of their cycle, and now must wait again 11 or 12 days before they can go to the mikve.
With this legal background in mind, we can now understand your situation. Ovulation occurs 14 days before the onset of menstruation. For many couples, this works out particularly well, as ovulations occurs around the time she goes to the mikve. Yet if a woman has a particularly short cycle, her ovulation will occur while she is still prohibited. Extra-long menstruation or, as in your case, frequent mid-cycle staining, can also cause this problem. One should always consult with a halachic authority to ensure that the spotting or bleeding actually renders one a nidda, as self-imposed stringencies have led to much unnecessary angst and suffering.
In cases of confirmed halachic infertility, a number of solutions might alleviate the problem. For starters, some circumstances allow the waiving of the requirement to wait four or five days to begin counting seven clean days, especially if the couple abstained from sexual relations before the bleeding began (Minhat Shlomo 2:70). This solution, however, is not helpful for women who menstruate for several days.
Many decisors also permit artificial insemination (using the husband's sperm), even while the woman is still a nidda (Igrot Moshe EH 2:18). The most frequent solution used today entails using hormonal treatments to delay ovulation. While a few have criticized using medicine for healthy women to treat a halachic problem, these pills are regularly prescribed for longer periods for much less noble reasons, like planning vacations.
While this column seeks to provide basic information, each case requires individual treatment. I highly recommend consulting with the rabbis at Machon Puah (puahonline.org) or the women yo'atzot Halacha of Nishmat (yoatzot.org) to find a solution for your particular case.
The writer, on-line editor of TraditionOnline.org, teaches at Yeshivat Hakotel and is pursuing a doctorate in Jewish philosophy at the Hebrew University.
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