Berakhot 064

1:
Our mishnah is not connected at all with Keriat Shema, and finds its place here only because of associative thought. It concerns the situation of three different people who suffer two degrees of ritual impurity simultaneously. Tanna Kamma [the unidentified Tanna with whom Rabbi Yehudah is in disagreement] states that even if the more severe state of impurity persists after the less severe state has come to an end, nevertheless bathing in a mikveh is required upon the cessation of the lesser impurity, in addition to the later bathing that must take place when the more severe impurity comes to an end.

2:
We already know that Tanna Kamma does not accept (or does not know of) the abolition of the requirement to bathe in a mikveh after a seminal discharge. Therefore he requires a ritual bath for such an occurrence – even if the bather suffers from a sexual disease (which is a much more severe form of ritual impurity) whose eventual cure will require a second bathing [Leviticus, 15:1-15]. Similarly, a woman who is menstruating will eventually have to bathe in a mikveh. However, if, in the meantime, she discharges semen (deposited during an earlier act of intercourse) she must bathe for that event, and not wait "to kill two birds with one stone" as it were [Leviticus, 15:19-24].

3:
This mishnah concludes Chapter Three of the Tractate, and also concludes the first major subsection of the Tractate – Keriat Shema.

David Fishman has sent me a long message concerning menstruant women and Tefillin. Parts of it I reproduce here because of the wealth of information contained:

Following Abbayé on the baraita cited in Sukkah 26b, Rabbi Yosé does not hold (and by implication of the s'vara of the Gemara, no one holds) that one who has had a seminal emission (and has not washed) cannot put on Tefillin; rather that young men should not lay Tefillin when alone with their wives, lest they forget to remove them before engaging in sex (!!) which would be improper (but if they forgot, the Tefillin can be removed after washing one's hands). Tosafot (Shabbat 49a, s.v. she'lo yishan bahen) draws this conclusion as well.

The discussion of guf naqi cited by Rabbi Yannai in Shabbat 49a focuses on avoidance of actions leading to unintentional disrespect of the Tefillin: flatulence and sleep, where, again following Tosafot, seminal emission (which can establish a degree of impurity) is not contemplated. Rashi there suggests that these are actions that can be put off by will until one removes the Tefillin.

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In Avot 062 I wrote: … recitation of the Shema in a state of nudity is prohibited.

Tara Cazaubon writes:

Could you comment on this? It seems to be a contradiction that the waters are a covering, yet saying the Shema nude is prohibited – does water count as "clothing"? Also, I heard that a man's genitals have to be completely clothed in order to pray, but a woman can just sit up straight (thus covering her genitals, which are only visible from below), but may remain otherwise naked. I can't remember where I read this and would appreciate a confirmation/denial of this. It would seem that there would be a minimal standard of "clothing" required, not to mention a division between the upper and lower body.

I respond:

I agree with Tara (and with Ron Kaminsky yesterday) that this business of reciting the Shema "ke-vatikin" while covered by nothing but the waters of a mikveh is puzzling. The Gemara [Berakhot 25b] also finds it puzzling. The Gemara asks how can such a man cover himself with the waters of the mikveh and recite the Shema – "his heart can see his genitals!" [he is halakhically nude]. The following (dubious?) suggestions are made there: The waters are murky; he must churn the water up with his feet. All this in order to justify a custom which is now almost (but not quite) defunct! As far as the rest of Tara's question is concerned: I am in a position to confirm! The minimum standard of clothing is that "the heart not be able to see the genitals!" Minimally, underclothing would serve this purpose. (This is the origin of the Chasidic custom of wearing a "gartel" [belt] for worship – so that "his heart cannot see his genitals".)

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