[Avodah] mikva use

[Micha Berger]

On Tue, Oct 25, 2011 at 06:59:58PM +0200, Goldmeier Family wrote:
> what exactly is the issur of pre-marital sex if the nidda issue is  
> resolved by allowing single women to use the mikva?

Lo sihyeh qedeishah. (Devarim 23:18; ShM lav 365)

The Behag counts "umal'ah ha'aretz zimah" as a 2nd lav. The Rambam
and Ramban hold it's lehalakhah but part of "lo sihyeh qedeishah".
Rashi appears to treat it like mussar.

There are probably also cases of mamzeirus by couples who prove ein
adam oseh be'ilaso be'ilas zenus, but forget the mood they were in then
after the relationship cools. A dating couple has relations planning on
being together forever, and they could well be married. They break up,
she marries... the children could be mamzeirim.

This is unlike a civil or non-halachic wedding, since their the couple
has no reason to think they are forming a union -- they believe that
was done already without biah. Here, ha'ishah nikneis ... ubebiah is
more likely to occur. Arguably.

Tir'u baTov!
-Micha

-- 
Micha Berger             The Maharal of Prague created a golem, and
micha at aishdas.org        this was a great wonder. But it is much more
http://www.aishdas.org   wonderful to transform a corporeal person into a
Fax: (270) 514-1507      "mensch"!     -Rav Yisrael Salanter