Is Tuma real?Rambam vs Ramban

Nida(31b): It was taught: R’ Meir asked: Why did the Torah decree that the impurity of menstruation should be for seven days? That is because if the husband is in constant contact with her he might develop a disgust for her. Therefore the Torah said that she should be impure for seven days in order that she should be as beloved to her husband as when they were first married.

Bereishis Rabbah[(17:8): Why was the mitzva of nidah given to the woman? That is because she shed the blood of Adam by bringing about death; therefore she was given the mitzva of nidah.

Bamidbar Rabbah (19:8) A gentile asked Rabbi Yochanan ben Zakkai, "These rituals you do, they seem like witchcraft! You bring a heifer, burn it, crush it up, and take its ashes. [If] one of you is impure by the dead [the highest type impurity], 2 or 3 drops are sprinkled on him, and you declare him pure?!" He said to him, "Has a restless spirit ever entered you?" He said to him, "No!" "Have you ever seen a man where a restless spirit entered him?" He said to him, "Yes!" [Rabbi Yochanan ben Zakkai] said to him, "And what did you do for him?" He sad to him, "We brought roots and made them smoke beneath him, and pour water and it flees." He said to him, "Your ears should hear what leaves from your mouth! The same thing is true for this spirit, the spirit of impurity, as it is written, (Zachariah 13:2) "Even the prophets and the spirit of impurity will I remove from the land." They sprinkle upon him purifying waters, and it [the spirit of impurity] flees." After he left, our rabbi's students said, "You pushed him off with a reed. What will you say to us?" He said to them, "By your lives, a dead person doesn't make things impure, and the water doesn't make things pure. Rather, God said, 'I have engraved a rule, I have decreed a decree (chukah chakakti, gezeira gazarti), and you have no permission to transgress what I decreed, as it says "This is a chok (rule) of the Torah."

Rambam(Commentary to Sanhedrin 7:4): Our Sages have issued many warnings against sexual fantasy and have cautioned against things that cause it. They have gone into great detail in this matter in order to frighten and scare all those who deliberately fantasize and cause emission of semen. While these matters are clearly prohibited, they are not punished by lashes or similar punishments. Similarly lesbian behavior is disgusting and an abomination. However there is no punishment either from the Torah or Rabbinic…Even though there is no specific punishment it is included in the category of the abominations of Egypt…

Maharetz Chajes (Darchei Hora'ah #6): I disagree with the Chasam Sofer’s ruling that one should say that a Rabbinic prohibition is a Torah prohibition i.e., to upgrade the nature of prohibitions. Even though we see our Sages viewed it permitted to frighten with their descriptions of the seriousness of prohibitions as we see in the Rambam (Sanhedrin 7:4)…They said that certain things are equivalent to murder and worshipping idols. Many other things they have described as deserving of the death penalty. All this is only to frighten and scare. However to say that a Rabbinic prohibition is really a Torah prohibition - the Rambam (Hilchos Mamrim 2:9) clearly states that this itself violates the Torah prohibition of adding to the Torah. Such a practice also violates the Torah prohibition of lying - even if it is done for a good reason. Our Sages were always very concerned to identify and keep separate that which is from the Torah and which are Rabbinical legislation - even if there were no practical halacha involved.

Mishna Torah (Mikvos 11:12) It is obviously clear that the laws concerning defilements and purities are biblical decrees, and not things which the human mind can determine; they are classified as divine statutes. So too, immersion as a means of ridding oneself from defilement is included among the divine statutes. Defilement is not mud or filth to be removed with water, but is a matter of biblical decree; it depends on the heart's intent. Accordingly, the sages have declared: If a man immersed himself, but without a definite purpose in view, it is as though he had not immersed himself at all. Nevertheless, there is some ethical allusion to this: just as one who sets his mind on becoming clean becomes clean as soon as he has immersed himself, even though nothing new is produced in his physical being, so one who sets his mind on purifying himself from all the spiritual defilements, namely wrongful thoughts and evil traits, becomes clean as soon as he made up his mind to abstain from those notions, and brought his soul into the waters of reason. Indeed, Scripture declares: "I will pour clean water over you, and you shall be clean; from all your impurities and idolatries I will cleanse you" (Ezekiel 36:25).

Moreh Nevuchim (3:47) THE precepts of the twelfth class are those which we have enumerated in the section on "Purity" (Sefer tohorah). Although we have mentioned their use in general, we will here offer an additional explanation, and [first] fully discuss the object of the whole class, and then show the reason of each single commandment, as far as we have been able to discover it. I maintain that the Law which was revealed to Moses, our Teacher, and which is called by his name, aims at facilitating the service and lessening the burden, and if a person complains that certain precepts cause him pain and great trouble, he cannot have thought of the habits and doctrines that were general in those days. Let him consider the difference between a man burning his own son in serving his god, and our burning a pigeon to the service of our God. Scripture relates, for even their sons and their daughters they burn in the fire to their gods (Deut. 12:31). This was the way in which the heathen worshipped their gods, and instead of such a sacrifice we have the burning of a pigeon or a handful of flour in our worship. In accordance with this fact, the Israelites, when disobedient, were rebuked by God as follows: "O My people, what have I done unto thee? and wherein have I wearied thee? Testify against me" (Mic. 6:3). Again, "Have I been a wilderness unto Israel? a land of darkness? Wherefore say my people, We are miserable; we will come no more unto thee" (Jer. 2:31); that is to say, Through which of the commandments has the Law become burdensome to the Israelites, that they renounce it? In the same manner God asks the people, "What iniquity have your fathers found in me, that they are gone far from me?" etc. (ibid. 2:5). All these passages express one and the same idea.

This is the great principle which you must never lose sight of. After having stated this principle, I repeat that the object of the Sanctuary was to create in the hearts of those who enter it certain feelings of awe and reverence, in accordance with the command, "You shall reverence my sanctuary" (Lev. 19:30). But when we continually see an object, however sublime it may be, our regard for that object will be lessened, and the impression we have received of it will be weakened. Our Sages, considering this fact, said that we should not enter the Temple whenever we liked, and pointed to the words: "Make thy foot rare in the house of thy friend" (Prov. 25:17). For this reason the unclean were not allowed to enter the Sanctuary, although there are so many kinds of uncleanliness, that [at a time] only a few people are clean. For even if a person does not touch a beast that died of its own accord (Lev. 11:27), he can scarcely avoid touching one of the eight kinds of creeping animals (ibid. 29, seq.), the dead bodies of which we find at all times in houses, in food and drink, and upon which we frequently tread wherever we walk; and, if he avoids touching these, he may touch a woman in her separation (ibid. 15:18), or a male or female that have a running issue (ibid. ver. 1, seq. and 25, seq.), or a leper (ibid. 13:46), or their bed (ibid. 15:5). Escaping these, he may become unclean by cohabitation with his wife, or by pollution (ibid. 15), and even when he has cleansed himself from any of these kinds of uncleanliness, he cannot enter the Sanctuary till after sunset; but not being enabled to enter the Sanctuary at night time, although he is clean after sunset, as may be inferred from Middot and Tamid, he is again, during the night, subject to becoming unclean either by cohabiting with his wife or by some other source of uncleanliness, and may rise in the morning in the same condition as the day before. All this serves to keep people away from the Sanctuary, and to prevent them from entering it whenever they liked. Our Sages, as is well known, said, "Even a clean person may not enter the Sanctuary for the purpose of performing divine service, unless he takes previously a bath." By such acts the reverence [for the Sanctuary] will continue, the right impression will be produced which leads man, as is intended, to humility.

The easier the diffusion of uncleanliness is, the more difficult and the more retarded is its purification. Most easily is uncleanliness communicated by the dead body to those who are under the same roof, especially to relatives. The purification can only be completed by means of the ashes of the red heifer, however scarce it may be, and only in seven days (Num. 19:11). The uncleanness caused by a woman having running issue or during her separation is more frequent than that caused by contact with unclean objects: seven days are therefore required for their purification (Lev. 15:19, 28), whilst those that touch them are only unclean one day (ibid. 7:18). Males or females that are unclean through running issue, and a woman after childbirth, must in addition bring a sacrifice, because their uncleanness occurs less frequently than that of women in their separation. All these cases of uncleanliness, viz., running issue of males or females, menstruations, leprosy, dead bodies of human beings, carcases of beasts and creeping things, and issue of semen, are sources of dirt and filth. We have thus shown that the above precepts are very useful in many respects. First, they keep us at a distance from dirty and filthy objects; secondly, they guard the Sanctuary; thirdly, they pay regard to an established custom (for the Sabeans submitted to very troublesome restrictions when unclean, as you will soon hear); fourthly, they lightened that burden for us; for we are not impeded through these laws in our ordinary occupations by the distinction the Law makes between that which is unclean and that which is clean. For this distinction applies only in reference to the Sanctuary and the holy objects connected with it: it does not apply to other cases. "She shall touch no hallowed thing, nor come into the Sanctuary" (Lev. 12:4). Other persons [that do not intend to enter the Sanctuary or touch any holy thing], are not guilty of any sin if they remain unclean as long as they like, and eat, according to their pleasure, ordinary food that has been in contact with unclean things. But the practice of the Sabeans, even at present general in the East, among the few still left of the Magi, was to keep a menstruous woman in a house by herself, to burn that upon which she treads, and to consider as unclean every one that speaks with her: even if a wind passed over her and a clean person, the latter was unclean in the eyes of the Sabeans. See the difference between this practice and our rule, that "whatever services a wife generally does to her husband, she may do to him in her separation"; only cohabitation is prohibited during the days of her uncleanness. Another custom among the Sabeans, which is still widespread, is this: whatever is separated from the body, as hair, nail, or blood, is unclean; every barber is therefore unclean in their estimation, because he touches blood and hair; whenever a person passes a razor over his skin he must take a bath in running water. Such burdensome practices were numerous among the Sabeans, whilst we apply the laws that distinguish between the unclean and the clean only with regard to hallowed things and to the Sanctuary. The divine words, "And ye shall sanctify yourselves, and ye shall be holy" (Lev. 11:44), do not refer to these laws at all. According to Sifra, they refer to sanctity by obedience to God's commandments. The same interpretation is given in Sifra of the words, "Ye shall be holy, "i.e. obedient to His commandments (xix. 2). Hence the transgression of commandments is also called uncleanliness or defilement. This term is especially used of the chief and principal crimes, which are idolatry, adultery, and murder. In reference to idolatry it is said, "He hath given of his seed unto Molech to defile my sanctuary, and to profane my holy name" (ibid. 20:3). In reference to adultery we read, "Defile not ye yourselves in any of these things" (ibid. 18:24), and Defile not the land" (Num. 35:34) in reference to murder. It is therefore clear that the term "defilement" [or uncleanliness] is used homonymously of three things: 1. Of man's violation and transgression of that which he is commanded as regards his actions and his opinions. 2. Of dirt and filth: comp. "Her filthiness in her skirts" (Lam. 1:9). 3. Of the above-named imaginary defilement such as touching and carrying certain objects, or being with them under the same roof. In reference to the third kind, our Sages said, The words of the Law are not subject to becoming unclean (B. T. Ber. 224). In the same manner the term "holiness" is used homonymously of three things corresponding to the three kinds of uncleanness. As uncleanness caused by a dead body could only be removed after seven days, by means of the ashes of the red heifer, and the priests had constantly occasion to enter the Sanctuary, the Law exceptionally forbids them to defile themselves by a dead body (Lev. 21:1), except in cases where defilement is necessary, and the contrary would be unnatural. For it would be unnatural to abstain from approaching the dead body of a parent, child, or brother. As it was very necessary that the high-priest should always be in the Sanctuary, in accordance with the Divine command, "And it shall always be on his forehead" (Exod. 28:38), he was not permitted to defile himself by any dead body whatever, even of the above-named relatives (Lev. 21:10-12). Women were not engaged in sacrificial service; the above law consequently does not apply to women; it is addressed to "the sons of Aaron," and not to "the daughters of Aaron." It was, however, impossible to assume that none of the Israelites made a mistake, by entering the Sanctuary, or eating hallowed things in a state of uncleanliness. It was even possible that there were persons who did this knowingly, since there are wicked people who commit knowingly even the greatest crimes; for this reason certain sacrifices were commanded as an atonement for the defilement of the Sanctuary and its hallowed things. They were of different kinds; some of them atoned for defilement caused ignorantly, others for defilement caused knowingly. For this purpose were brought the goats on the Festivals and the New-moon days (Num. 28:15, 27, etc.), and the goat sent away on the Day of Atonement (Lev. 16:16), as is explained in its place (Mishnah Shebnot, 1:4). These sacrifices serve to prevent those who defiled the Sanctuary of the Lord knowingly from thinking that they had not done a great wrong; they should know that they obtained atonement by the sacrifice of the goat, as the Law says, "That they die not in their uncleanness" (Lev. 15:31); "That Aaron may bear the iniquity of the holy things" (Exod. 28:38). This idea is frequently repeated.

Ramban(Vayikra 18:19): AND UNTO A WOMAN DURING HER SEPARATION FOR HER UNCLEANNESS, THOU SHALT NOT APPROACH TO UNCOVER HER NAKEDNESS. ....  The doctors have also told us in connection with it, a true experience, which is one of the wondrous works of Him Who is perfect in knowledge³⁰¹Job 37:16. in creation, that if a menstruant woman at the beginning of her issue were to concentrate her gaze for some time upon a polished iron mirror, there would appear in the mirror red spots resembling drops of blood, for the bad part therein [i.e., in the issue] that is by its nature harmful, causes a certain odium, and the unhealthy condition of the air attaches to the mirror, just as a viper kills with its gaze. And surely it is harmful to have intercourse with her then, since physically and mentally she is attached to the man’s body and mind. Therefore Scripture prohibited it by saying, and her impurity will be upon him,³⁰²Above, 15:24. meaning that her condition is a contagious one. It is with reference to this that it states, the uncleanness of a woman in her impurity,³⁰³Ezekiel 36:17. always mentioning in connection with her the term “impurity,” which is like that used in speaking of a creeping thing and of a leper, in which cases their impurity is within their bodies. It is possible that this is the sense of the expression, he hath bared her fountain, and she hath uncovered the fountain of her blood,³⁰⁴Further, 20:18. for that blemished fountain should be covered, and not bared in order to draw its bad and extremely harmful waters. Thus intercourse has been prohibited to the holy seed³⁰⁵Isaiah 6:13. all the days of her impurity, until she immerses herself in water [i.e., in a ritual pool],³⁰⁶For no amount of washing the body can take the place of ritual immersion, where such is prescribed. for then she will be purified also in her thoughts,³⁰⁷This is obviously a reference to what Rambam wrote in his Mishneh Torah at the end of Hilchoth Mikvaoth, on the significance of immersion, that it is not merely a matter of removing mud or dirt which may be removed by water, but “it is a Scriptural decree, the validity of the act depending upon the disposition of the heart. It is for this reason that the Sages have said. ‘If he immersed himself without intention, it is as though he had not immersed himself at all’ (Chagigah 18 b) … Thus he whose heart intends to purify himself, becomes purified as soon as the [actual] immersion is accomplished.” It is clear, then, that since both body and soul must participate in the act of immersion, the effect and potency of the purification applies to both body and soul as Ramban here states, “for then she will be purified also in her thoughts, and become completely clean.” See “The Commandments,” Vol. I, pp. 117-119. and become completely clean [in body and mind].