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YEVAMOS 58

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12th CYCLE DEDICATIONS
 
YEVAMOS 57-58 (13-14 Tamuz) - Dedicated by Andy & Nancy Neff in honor of the completion of thirty days since the passing of Leah Miriam bat Yisroel (Lucy) Rabin. Beloved mother of Nancy Neff, Valerie, Doug and Andy Rabin, and wife of Sidney Rabin, Lucy Rabin was Nifteres this past 14th of Sivan.

SUMMARY

The Tana Kama says that if a woman who is Pesulah to a Kohen performs Chupah with a Kohen without Bi'ah, she may eat Terumah. (1)
 
When a Sotah says "Amen," it is in response to a curse and to a vow regarding a forbidden relationship when she was an Arusah, Nesu'ah, Shomeres Yavam, and Kenusah.
 
A Sotah who is an Arusah or Shomeres Yavam does not drink the Mei ha'Marim. (2)
 
If the husband of a Sotah had relations with her after she became a Sotah, the Mei ha'Marim will have no effect on her. (3)
 
The water has an effect on the Sotah only if her husband had Bi'ah with her before the Bo'el.
 
Rav: A Bi'ah of the Yavam without intent for Yibum is a completely valid Yibum. Shmuel: It is only partially valid.
 
Beis Shamai maintains that Ma'amar is a complete Kinyan. (4)
 
If a Kohen does Ma'amar with a Yevamah who is a Bas Kohen, she may eat Terumah. (5)
 
If a Kohen does Ma'amar with a Yevamah who is a Bas Kohen, and his brother is a Chalal, she is forbidden from eating Terumah. (6)
 
Rebbi Yochanan: If a Kohen gives a Get to his Yevamah who is a Bas Kohen, she may eat Terumah: Reish Lakish: She may not eat Terumah. (7)

A BIT MORE

1. This follows the Mishnah Acharonah, which maintains the Kalah of a Kohen may not eat Terumah until she has Chupah. Rebbi Yishmael beno Shel Rebbi Yochanan ben Berokah argues with the Tana Kama. He says that any woman who may not eat Terumah once she has Bi'ah also may not eat with Chupah. Therefore, when a Kohen marries a Pesulah, since she becomes a Chalalah once she has Bi'ah with him, she may not eat Terumah after Chupah.
 
2. Instead, the husband is required to divorce her, and she does not receive her Kesuvah.
 
3. A Sotah is forbidden to her husband until after she drinks the Mei ha'Marim. Since the husband transgressed this prohibition and also did an Aveirah, the water does not harm his wife.
 
4. Once the Yavam does Ma'amar, the status of the Yevamah becomes like that of an ordinary Arusah, according to Beis Shamai. Consequently, Bi'ah no longer suffices, and the Yavam must also perform Chupah.
 
5. Even though she is Mishtameres for a Bi'ah Pesulah from the brother, since the prohibition of the brother is only mid'Rabanan she is allowed to eat Terumah, even according to Rebbi Meir.
 
6. Since she is Mishtameres for a Bi'ah Pesulah Min ha'Torah to the brother who is a Chalal, she is forbidden from eating Terumah. Even according to Rebbi Shimon and Rebbi Elazar (who maintain that a woman who is Mishtameres for a Bi'ah Pesulah may eat Terumah), in this case she may not eat Terumah. Only when the Kohen has the capability of feeding Terumah to someone else may she eat, but a Kohen who is a Chalal may not feed Terumah to anyone.
 
7. Rebbi Yochanan: She may eat Terumah because she is Mishtameres only for a Bi'ah Pesulah mid'Rabanan. Reish Lakish: Since there is no other occasion when a Kohen feeds Terumah to by means of giving her a Get, she may not eat Terumah.

BRIEF INSIGHT

ONLY WHEN THE MAN IS FREE OF SIN
 
The Rambam writes that the Mei ha'Marim has no effect on a woman whose husband engaged in a forbidden relationship anytime in his life after he became an adult. Even if he had intimate relations with his Arusah in the house of his in-laws (which is forbidden mid'Rabanan), the Mei ha'Marim will have no effect on his wife. The Ra'avad argues with the Rambam. The Kesef Mishneh explains that he argues because the Sotah's declaration of "Amen" includes also if she strayed when she was an Arusah. The Gemara here explains that the case is when the husband had relations with her while she was an Arusah. The Mishneh la'Melech answers that the prohibition of having relations with an Arusah is mid'Rabanan. The Gemara says that the "Amen" of the Arusah refers to a case where the husband had relations with her while she was an Arusah, and this applies only Min ha'Torah. However, once the Rabanan prohibited an Arusah from having relations, the water would have no effect on the wife since he transgressed the Isur d'Rabanan.

QUICK HALACHAH

GILGUL SHEVU'AH
 
The husband may be Megalgel a Shevu'ah on his Sotah wife and make her swear not only that she did not have relations with the person he warned her about, but that she did not have relations with anyone else, and that she did not have relations with anyone between the Eirusin and the Nisu'in. (Rambam, Hilchos Sotah 4:17)

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