[9a - 27 lines; 9b - 20 lines]

1)[line 1]פתח פתוח מצאתיPESACH PASU'ACH MATZASI- I found an open passageway. The newly married groom is not able to claim that he found no Dam Besulim, either because his wife is from a family that has no such blood (see 10b), or because the sheet intended to catch the blood was lost. Rather, he claims that he is sure that his wife is not a virgin based on the fact that he found no obstruction where her hymen should have been.

2)[line 1]נאמן לאוסרה עליוNE'EMAN L'OSRAH ALAV- he is believed to prohibit her upon himself [since he is sure that he is correct]. He must, however, pay her Kesuvah in full since there is no way to prove his claim.

3)[line 2]תחתיוTACHTAV- [whether she had relations with another] while married to him [following Kidushin]

4)[line 4]באונסB'ONES- [whether] she was raped [in which case she is still permitted to her husband]

5)[line 4]אשת כהןESHES KOHEN- the wife of a Kohen [who becomes prohibited to her husband even as a result of rape]

6)[line 6]פחותה מבת ג' שנים ויום אחדPECHUSAH MI'BAS SHELOSHAH SHANIM V'YOM ECHAD- when she was younger than three years and one day old. The hymen grows back when removed at this age. Clearly, our Gemara refers to a case in which the Nisu'in did not take place until his betrothed was at least twelve (a Gedolah). This is because it is impossible for her to have to have willfully committed adultery before that point, since the seduction of a minor is Halachically classified as rape.

7)[line 7]תנינאTENINA- we learned in a Beraisa [that a prohibition exists when one is certain that something is prohibited to him, even if there is no outside proof that it is prohibited]

8)[line 8]קדשתיךKIDASHTICH- I betrothed you [in front of witnesses, who have since gone abroad]

9)[line 10]קים ליהKIM LEI- he is able to determine [that he betrothed a woman]

10)[line 11]מיקם הוא דלא קים ליהMEIKAM HU D'LO KIM LEI- he was unable to determine [whether or not she was a Besulah, since he is lacking in experience, and he is therefore not even believed to prohibit her upon himself]

11)[line 11]קמ"לKA MASHMA LAN- this comes to teach us [that( a) that which he is not trustworthy on this issue does not deter us from prohibiting her to him (RASHI); (b) he is trustworthy in this matter (RITVA) (see Shitah Mekubetzes)]

12)[line 13]קינוי וסתירהKINUY U'SETIRAH (SOTAH)

(a)A Sotah is a woman who is suspected of committing adultery because she was warned by her husband not to seclude herself with a certain man and she violated the warning. The process of warning her in front of witnesses is called Kinuy. The witnesses who see her seclude herself with the suspected adulterer are called Eidei Setirah. The time of seclusion must be at least for the time that it takes to roast an egg and swallow it. The woman is forbidden to her husband until she drinks Mei Sotah (see (c), below).

(b)The husband must bring his wife to the Beis ha'Mikdash, along with a sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal as a Minchah offering. The seventy-one member Sanhedrin (Supreme Court) that sits in the Beis ha'Mikdash frightens her with the description of the fate of a guilty Sotah (see (c) below). The Kohen reads Parshas Sotah, the portion of the Torah describing the curses with which a Sotah is cursed, out loud (in any language that the Sotah understands) and makes the Sotah swear that she has been faithful to her husband. A number of actions are then performed (her clothing is ripped and then held together with a rope of woven branches) in order to persuade her to admit her guilt, if she is indeed guilty, and thereby avoid erasing the name of HaSh-m (see below).

(c)If the Sotah maintains her innocence, then an earthenware jug is filled with half a Lug of water from the Kiyor, and dirt from the floor of the Azarah is placed on top of the water. Parshas Sotah (that contains numerous appearances of HaSh-m's name) is written on parchment and then immersed in the water, causing the ink to dissolve. The Sotah afterwards drinks from the water. If she was unfaithful to her husband and had been defiled, the water would enter her body and poison her, causing her belly to swell out and her thigh to rupture. If she was faithful to her husband, she would remain unharmed and would become pregnant (Bamidbar 5:11-31). In times when there is no Mei Sotah such as in the present day, she must be divorced and does not receive her Kesuvah.

13)[line 14]מעשה שהיהMA'ASEH SHE'HAYAH (MA'ASEH D'BAS SHEVA - The Story of David and Bas-Sheva)

(a)David ha'Melech requested that HaSh-m test him, as he had Avraham and others, in order to prove his loyalty.

(b)David observed Bas Sheva, the wife of Uriyah ha'Chiti, bathing on her rooftop. He foresaw with Ru'ach ha'Kodesh that he was destined to have a son with her who was to be the next king. She was not technically married at the time, as the custom among David's soldiers was to divorce their wives before going to war in case they should fall in battle and their bodies fail to be recovered. David summoned her and had relations with her. Subsequently, her husband was deservedly put to death by David (see Background to Yoma 22:38a), and David married Bas Sheva.

(c)Nasan ha'Navi came to David and told him a story of two men, one rich and the other poor. The rich man, although he had many animals, stole the lone sheep belonging to the poor man. What was the king's ruling in such a case? David was incensed, and he exclaimed that the rich man should receive the death penalty for exhibiting such insolence. Additionally, he should repay the sheep four-fold.

(d)The Navi explained that the story was an analogy, and that David, who had many wives, was the rich man who took Bas Sheva, the lone wife of Uriyah. Overcome with remorse, David could only manage the words "Chatasi la'HaSh-m" - "I have sinned to HaSh-m." Nasan informed the king that HaSh-m had accepted his repentance and that he would not die (Shmuel II 11-12).

14)[line 14]ותסברא?V'TISBERA?- is [this statement of Rebbi Elazar] logical?

15)[line 23]אפילו בעד אחד נמיAFILU B'ED ECHAD NAMI- even [upon the testimony of] a single witness [that she committed adultery is accepted, since there is already circumstantial evidence to that effect]

16)[line 24]כשני עדים דמיKI'SHNEI EDIM DAMI- is akin to [the testimony of] two witnesses [since he is certain of his claim]

17)[line 25]מפני מה לא אסרוה?MI'PNEI MAH LO ASRUHA?- why did they not prohibit her to him? [(a) There were numerous witnesses! (RASHI); (b) David ha'Melech knew that she had committed adultery and was therefore forbidden to both her husband and to himself! (TOSFOS DH mi'Pnei)]

18)[line 26]אונס הוהONES HAVAH- it was a case of rape [and therefore she was not prohibited to her husband, in which case she was not prohibited to the adulterer either]. This is not to say that she did not consent, especially as no mention is made of such in the Torah. Rather, since she was six years old at the time (Sanhedrin 69b), the relation had the Halachic status of rape, since the seduction of a minor is Halachically classified as such (CHESHEK SHLOMO in the name of his brother).

9b----------------------------------------9b

19)[line 1]גט כריתות כותב לאשתוGET KERISUS KOSEV L'ISHTO- would write a bill of divorce to his wife [to take effect (a) retroactively should he fail to return at the end of the war (RASHI; see TOSFOS DH Kol); (b) immediately (RABEINU TAM cited by TOSFOS DH Kol)]

20)[line 2]"... וְאֶת-אַחֶיךָ תִּפְקֹד לְשָׁלוֹם, וְאֶת-עֲרֻבָּתָם תִּקָּח.""... V'ES ACHECHA TIFKOD L'SHALOM, V'ES ARUBASAM TIKACH."- "... and seek the welfare of your brothers, and take [news of] their safety [home to me]." (Shmuel I 17:18) - These instructions were given by Yishai to his youngest son David before he went to visit the battlefield where he was destined to defeat Golyas. Rav Yosef interpreted the term "Arubasam" to mean "That which is mixed together."

21)[line 4]דברים המעורבין בינו לבינהDEVARIM HA'ME'URAVIN BEINO L'VEINAH- lit. that which connects him to her; i.e., the marriage bond (which David was instructed to "take" through a Get)

22)[line 7]איקרורי דעתאIKRUREI DAITA- [we are concerned that] his indignation [at finding that his bride is not a Besulah] will cool down

23)[line 8]למאי?L'MAI?- for what result [of this cooling down are we concerned]?

24)[line 8]ניתיב לה!NEISIV LAH!- let him give it her; [he may give his money to whomever he pleases, even if they do not Halachically deserve it]!

25)[line 14]האוכל אצל חמיו ביהודה שלא בעדיםHA'OCHEL ETZEL CHAMIV BI'YEHUDAH SHE'LO B'EDIM- one who eats at his father-in-law['s house] without witnesses [secluded together with his betrothed] in Yehudah (the southern half of Eretz Yisrael)

26)[line 15]מתייחד עמהMISYACHED IMAH- he secluded himself with her [and we suspect that they had relations then, and it is for this reason that she lacks Dam Besulim]

27)[line 16]גלילGALIL- the northern half of Eretz Yisrael

28)[line 17]ביהודה אמאי לא?BI'YEHUDAH AMAI LO?- why [is he] not [believed] in Yehudah? [If he claims that she is prohibited to him since she is not a Besulah, then he is clearly stating that he has not previously had relations with her!]

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