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Childbirth is an intense and often wondrous experience, and it changes a woman’s halachic status.
Over the course of labor, a woman becomes niddah (details below). In addition, a woman who delivers vaginally is considered a yoledet (childbearer), a halachic status similar to niddah. A woman who experiences a pregnancy loss after the 40th day from conception, or a vaginal stillbirth, also has the status of a yoledet (learn more here). The yoledet status does not depend on uterine bleeding.
This change in status affects the ways in which a couple can interact during labor and delivery (see more below), and we encourage couples to consider the halachic implications when formulating a birth plan.
The Onset of the Status of Niddah
When a woman in labor has uterine bleeding of the sort that would usually make a woman niddah, she becomes niddah. She is not obligated to check for signs of bleeding. Rabbinic authorities differ about the halachic status of blood within the mucus plug and accompanying its release.
According to many halachic authorities, a woman also becomes niddah in the final stages of labor (in halachic terms, yoshevet al hamashber). We follow the view that either of the following signs of entering the final stages usually makes a woman niddah:
- She can no longer walk unaided during contractions.
- She is fully dilated. A woman is not halachically required to undergo an internal examination to determine her degree of cervical dilation.
Though some halachic authorities are more stringent with earlier stages of dilation, it is widely accepted that the early dilation of a few centimeters that often precedes active labor does not make a woman niddah.
A woman enters the additional status of yoledet (a woman who gives birth) with the vaginal birth of baby. The laws that apply to a yoledet are basically identical to those for a niddah. Therefore, since she already became niddah during labor, this has little practical significance. (A yoledet may not immerse until 14 days have passed since the birth of a girl, but postpartum bleeding rarely ends soon enough for this to be possible.)
Cesarean Section
A woman who gives birth by cesarean section does not enter the halachic status of yoledet (childbearer). Thus, if she experiences no vaginal bleeding at all, she need not immerse in a mikveh. This, however, would be an extraordinarily rare occurrence as a woman almost always has vaginal bleeding as she sheds the remains of the uterine lining from pregnancy. This causes her to become niddah following a cesarean section.
A woman may begin to count seven clean days (shivah neki’im) as soon as the bleeding has ceased, after the usual minimum wait. Unlike a yoledet, who delivered vaginally, she is not required to wait a minimum of 14 days before immersion following the birth of a girl. However, it is unusual for a woman after birth to cease staining before a few weeks have elapsed, so this rarely has any practical implications.
Husband in the Delivery Room
Childbirth produces wonderful results, but it is often a painful and frightening process. Both medical and halachic sources attest to the importance of emotional support for the mother during labor and delivery.
Many couples today choose to share the birth experience together, with the husband offering support. This can present certain halachic difficulties. First, a woman enters the status of niddah during childbirth. Once she is niddah, physical contact between the couple is prohibited and the husband may not see his wife undressed. Furthermore, the husband is halachically prohibited from looking directly at his wife’s vaginal opening even when she is not a niddah. Due to these concerns, some rabbis prohibit the attendance of the husband in the delivery room. Others, however, permit it with the following stipulations:
1) The couple should request that a mirror NOT be used to allow the husband to see the baby emerging.
2) The couple should request that the wife be kept as covered as possible, or that a screen be placed between her upper and lower body. (This is done routinely for cesarean deliveries and thus should not be difficult to arrange).
3) Once the woman has become niddah, her husband should not touch her unless no one else is available to help her.
In extenuating circumstances, a halachic authority can be consulted regarding leniency in the final stages of labor, if there is not yet niddah bleeding.
