A SOTAH DOES CHALITZAH (cont.)
Answer (Rav Yosef): Her next husband is not commanded to marry her!
Version #3 - Answer #1 (Rav Yosef): The Torah calls her next husband "a different man." He is unlike the first husband!
The first husband expelled evil from his home. The second one brought evil into his home!
You cannot say that the Torah commands the Yavam do to Yibum!
Question (Abaye): According to this, if she married a second husband, and he died without children, she should not fall to Yibum, for the Torah (disparagingly) calls one who will marry her "different"!
Answer: Since she behaved properly while married to the second husband, it is no longer improper to marry her.
Answer #2 (to question 5:b on Daf 5b - Rava): A Kal va'Chomer says that she may not do Yibum.
If she became forbidden to the one she was permitted to (i.e. her husband), all the more so she becomes (permanently forbidden) to the one she was forbidden to (the Yavam).
Question #1 (Abaye): If so, if a Kohen Gadol was Mekadesh a widow, and his brother is a regular Kohen, she should not do Yibum, for she became forbidden to her husband!
Answer: She did not become forbidden to him. She was forbidden from the start of the Kidushin. She was never permitted to him!
Question #2 (Abaye): Rather, if a Kohen's wife was raped and his brother is a Chalal, she should not do Yibum, for she became forbidden to her husband!
Answer: If a Yisrael's wife was raped, she is not forbidden. A Chalal is like a Yisrael, so regarding him she did not become forbidden, so the Kal va'Chomer does not apply.
DOES THE WATER ALWAYS WORK?
(Mishnah): In the following cases she is (forever) forbidden to eat Terumah: she says 'I am forbidden to you'; witnesses testified that she became Temei'ah; she refuses to drink; her husband refuses to make her drink; her husband had Bi'ah with her on the way [to Yerushalayim, after the seclusion].
(Gemara - Rav Sheshes): If there are witnesses (even) overseas that know that she is Temei'ah, the water does not test her.
"She became Temei'ah, there is not a witness about her" excludes when witnesses know about her.
Support (Rav Sheshes, for himself - Mishnah): If witnesses came that she became Temei'ah...
Question: When did they come?
If they came before she drank, she is a Zonah! (Obviously, she may not eat Terumah!)
Answer: Rather, they came after she drank.
Granted, according to Rav Sheshes, the water did not test her. The witnesses' testimony is true.
Question: If you will say that the water tests her even when witnesses know of her guilt, retroactively, we see that they testified falsely! (She should be permitted to eat Terumah!)
Rejection (Rav Yosef): Perhaps the water will kill her. She did not yet die because of her merits.
Rav Sheshes and Rav Yosef argue about whether or not she gets sick when merits delay her death.
(Mishnah - Rebbi): If a Sotah was Temei'ah, but she had merits, her death is delayed;
She will not give birth or improve. Rather she gets increasingly sick. Eventually, she dies like the curse says (her stomach explodes...)
Rav Sheshes holds that Chachamim agree with Rebbi that she gets increasingly sick. (It is always clear when merit delays the death.)
Rav Yosef holds that Chachamim argue, and say that when merit suspends the death, she can appear well.
Question (Rav Simi bar Ashi - Mishnah - R. Shimon): Merit cannot delay the death. If it could, women would not be afraid to drink, and people might say that women who survived are really Temei'os!
If the test does not work when there are witnesses overseas, also according to R. Shimon, people might suspect that surviving women are Temei'os, just that there are witnesses overseas!
Answer (for Rav Sheshes): Indeed, R. Shimon holds that witnesses do not hinder the test, just like merit does not suspend the death. (Rav Sheshes' law is according to Chachamim.)
Question (Rava - Mishnah): The Minchah (flour-offering) of any the following Sotos is burned: she says 'I am Temei'ah'; witnesses testified that she became Temei'ah...
Question: When did witnesses come?
Suggestion: If they came before the Minchah was made Hekdesh, it would be Chulin!
Answer: Rather, they came after it was made Hekdesh.
Granted, if the water tests her even when witnesses know of her guilt, she was fitting to be tested. It was a proper Hekdesh, therefore it must be burned.
Question: According to Rav Sheshes, the water could not test her. The Hekdesh was invalid; it should be Chulin. Why is it burned?
Answer #1 (Rav Yehudah of Diskarta): The case is, she had Bi'ah in the Mikdash (after making the Minchah Hekdesh).
Question (Rav Mesharshiya): Young Kohanim accompany her. How could she have Bi'ah in the Mikdash?
Answer #1: She had Bi'ah with one of the young Kohanim.
Answer #2 (Rav Ashi): She said that she needed to (leave the Mikdash to) move her bowels. The Kohanim do not lock her up!
Answer #2 (Rav Papa): Really, the Hekdesh was invalid because the water could not test her.
Chachamim decreed to burn the Minchah, lest people say that something made Kodesh in a Kli Shares can revert to Chulin.
Question (Rav Mari - Beraisa): If the Minchah became Tamei before Kidush in a Kli Shares (a Kli used for the Avodah), it may be redeemed. If it became Tamei after Kidush in a Kli Shares, it is burned.
If a Kometz (handful) was taken off, and the husband or wife died before the Kometz was offered, the Minchah is burned;
If the Kometz was offered, and the husband or wife died before the remainder was eaten, the remainder may be eaten, for the Minchah was brought due to a Safek. It achieved its purpose. (It allowed her to drink. It does not matter that she did not drink.)
If witnesses came and testified that she is Temei'ah, her offering is burned. If the witnesses (who saw her seclusion) were found to be Zomemim (they were not there to see the seclusion), her offering is Chulin (we do not make Rav Papa's decree)!
Answer: Zomemim are different. Everyone hears about them, and they will know why the offering reverts to Chulin. There is no need to decree.
A Beraisa learns Rav Sheshes' law from a different source.
(Beraisa): (The Torah promises that she will have children if she was) "Tehorah", but not if witnesses overseas knew that she was Temei'ah. "U'Tehorah" excludes one who sinned, but merit is suspending her death. "She" excludes one about whom women gossip while spinning thread in the moonlight. (Her sin is known, so the water does not test her.)
Question: Granted, R. Shimon argues with this Tana, and does not expound the Vav (U'Tehorah), therefore he says that merit does not suspend her death;
Even R. Shimon should expound "Tehorah" to teach that she does not die when witnesses know of her guilt!
Answer: He does. However, this is uncommon. (Therefore, it will not dispel fear of the water or cause suspicion of women that survive.)