Niddah 48b (מח:) — the Talmud in English

“Your breasts began to develop;

when your breasts began to grow [that is, when the Israelite nation also began to grow in Egypt],

you did not turn back,

you still did not abandon your evil path of prostitution with the Egyptians.

And likewise, when

your breasts became full,

when they had fully grown and you had large breasts [that is, when the nation had grown and reached the stage of maturity],

you still did not turn back.

Even then you did not abandon your corrupt path, and you continued your attachment to Egypt.”

The Gemara asks:

According to everyone,

both according to the Sages and according to Rabbi Meir,

with regard to the lower sign

alone

we rely

upon it to deem her an adult.

From where do we know

that we rely upon the lower sign by itself and do not also require the upper sign to appear?

Rav Yehuda said in the name of Rav, and likewise the tanna of the school of Rabbi Yishmael: The verse says

[Numbers 5]:

“A man or a woman, when they commit any of the sins of man.”

The verse equated a woman with a man with regard to all punishments in the Torah.

And from this they also derive:

Just as a man

attains majority

through one sign,

the lower sign, since he has no upper sign,

so too, a woman

attains majority

through one sign.

The Gemara analyzes:

But perhaps

for a woman one sign is indeed sufficient, but not specifically the lower sign. Rather, it could be said:

either this,

the lower sign,

or this,

the upper sign, by itself.

The Gemara answers: The verse therefore compared them to each other, to teach us that the law of a woman is

like that of a man

in every respect:

Just as a man

attains majority through the

lower sign and not the upper,

so too, a woman attains majority through the

lower sign and not the upper.

It was taught likewise:

only the lower sign is determinative, as we learned in a beraita:

Rabbi Eliezer, son of Rabbi Tzadok, said: This is how they would explain it in Yavne, and they said: Once the

lower

sign has appeared, no further attention is paid to the

upper

sign,

whether it appeared or not, since she is an adult by virtue of the lower sign alone.

It was taught: Rabban Shimon ben Gamliel says: Among

the

daughters of cities,

the

lower sign hastens to appear,

before the upper sign,

because they regularly visit bathhouses

[which cause the hairs to appear earlier]. But among

the daughters of villages,

the

upper sign hastens to appear, because they grind with millstones,

and the movement of their arms causes the breasts to appear and precede the hairs.

Rabbi Shimon ben Elazar says: Among

the

daughters of the wealthy,

the breast on the

right side hastens to appear

because

it is rubbed,

as the area of the right breast is rubbed

by their apakrisis

[the garment hanging on their right side], and as a result of the rubbing, the breast on that side appears first. But among

the daughters of the poor,

the breast on the

left side hastens to appear, because they draw water with them.

Alternatively,

the reason that the left side appears first among them is

because they carry their brothers on their left sides.

[On their left side.]

The Sages taught:

The breast on the

left side appears first

in its development

than the right side.

Rabbi Hanina, son of the brother of Rabbi Yehoshua, says: The left side never appeared before the right side, except in the case of one woman who lived in my neighborhood, whose left side appeared before her right side,

and in the end it too was healed

and returned to its normal state.

The Sages taught: All girls who are examined

for their signs

are examined by women,

who are trusted to examine and testify concerning signs of majority; and it is sufficient for one woman to examine her.

And Rabbi Eliezer would likewise entrust the examination to his wife, and Rabbi Yishmael would entrust it to his mother

to examine her, and they relied upon their examinations.

Rabbi Yehuda says: It is not always possible to rely upon an examination by women, but only

before

the period,

before she is eleven years and one day old,

and

after

the period, after she has reached twelve full years and one day, women may examine them.

The reason is as follows: Before the period, even if they find that she has manifested hairs, she is still a minor. The benefit of the examination is only that if hairs are found, we know that those hairs have the status of mere growths, so that if they remain after she reaches majority, they will not be signs of majority. The testimony of the women is effective for imposing stringency upon her with regard to her attaining majority: she may not perform halitza or undergo yibbum on the basis of those hairs found while she was a minor.

Likewise, after she has reached twelve full years and one day, the women are trusted with regard to the examination to say that she has manifested hairs, since it is then her normal course to manifest hairs; consequently, we do not rely upon their examination alone. But if they say that they did not find hairs, they are not trusted to say that she is still a minor and may exercise refusal concerning her marriage [if her mother or brothers married her off through a rabbinic betrothal], because their testimony is relied upon only to impose stringency, and not to be lenient.

However,

during the period,

throughout her twelfth year, before she is twelve years and one day old,

women may not examine them,

because

doubtful cases are not permitted on the basis of women’s testimony.

Rabbi Yehuda holds that if she manifested signs during this period, she is an adult [although it is not her normal course to manifest signs then]. Consequently, if we rely upon the women’s examination, we will permit her to perform halitza or undergo yibbum as an adult on the basis of their words. Therefore, the examination must be performed by men, not women.

Rabbi Shimon says: Even during the period, women may examine them.

He disputes Rabbi Yehuda and holds that if she manifested two hairs during the period, she is still a minor. Consequently, we do not rely upon their examination to permit her through halitza or yibbum. Rather, we rely upon their examination only to establish that if those hairs are found in her once she reaches majority and is twelve years and one day old, they will be considered mere growths.

A woman is trusted to impose stringency, but not to be lenient

[both according to Rabbi Yehuda and according to Rabbi Shimon].

How so?

The beraita explains: A woman is trusted to examine and say:

“She is an adult.”

But this trust applies only to impose stringency,

so that she may not exercise refusal

[and not to be lenient with her by permitting her to perform halitza or undergo yibbum, as the beraita explains below].

Likewise, a woman is trusted to examine and say:

“She is a minor.”

She is trusted only to impose stringency,

so that she may not perform halitza.

But she is not trusted to say: “She is a minor,”

in order to be lenient with her

so that she may exercise refusal.

And

a woman is likewise not trusted to say

“She is an adult”

in order to be lenient

by permitting her to perform halitza

on the basis of her examination.

The Master said: Rabbi Yehuda says: Before the period and after the period, women may examine them.

The Gemara asks:

Granted, before the period an examination by women is required

and there is a basis for relying upon them,

for if they are found,

if the hairs found in the examination before the period are also found

after the period, they are mere growths,

and she does not become an adult through them.

But after the period, why do I need an examination? Didn’t Rava say: A minor who has reached the age of majority

[twelve years and one day]

does not require an examination,

because

there is a presumption that she has manifested signs!?

The Gemara answers:

When Rava said that there is a presumption

that she manifested signs and does not require an examination,

he said this only with regard to refusal,

to impose stringency upon her, so that she may not exercise refusal without an examination.

But for halitza, an examination is required.

A woman is trusted for this examination because it is the normal course for signs to appear, and consequently we do not rely upon her trustworthiness alone, but in combination with Rava’s presumption.

And this is the reason Rabbi Yehuda said that

during the period women may not examine them:

because he

holds that during the period is like after the period,

and the signs that appear during the period are signs of majority, so she becomes an adult even before reaching twelve years and one day.

And

the reason Rabbi Yehuda said that

after the period

women are trusted is

that there is Rava’s presumption,

that when she reaches twelve years and one day she manifests signs. Therefore,

we rely upon women

together with the presumption,

and they examine her.

her.

But,

during the period, since Rava’s presumption does not apply, we do not rely on women, and women do not examine them!

The Gemara now explains the opinion of Rabbi Shimon:

Rabbi Shimon says: Even during the period, women examine them.

He holds that the period is like the time preceding the period,

and she is certainly a minor; consequently, we have no basis for relying on women,

and an examination is required

not in order to determine whether she is an adult or a minor, since her signs at this point are merely superficial growths, but only

if they are found

these hairs

after the period,

they are not signs of maturity but

mere anomalous growths

alone

they are,

as they had already appeared while she was a minor.

And concerning what the baraita teaches at its conclusion, “

A woman is believed to impose a stringency, but not to be lenient,”

there is room for inquiry:

Who taught this?

And we say:

If you wish, say: Rabbi Judah

stated it,

and it refers to the period,

for according to his view, if she manifested signs during the period, she is an adult; therefore, the women are believed with regard to the examination only to impose a stringency, so that she may not perform mi'un, but not to be lenient and allow her to perform halitza.