1)

CAN A WOMAN BE GIVEN TO DRINK TWICE? (cont.)

(a)

Answer to both questions (Rava): All agree that the same husband cannot make her drink again for seclusion with the same man, since it says "this";

(b)

All agree that a different husband can make her drink again for seclusion with a different man, since it says "Toras";

(c)

They argue in two cases, if she was secluded with the same man under (while married to) a different husband, and if she was secluded with a different man under the same husband;

1.

The first Tana holds that "Toras" teaches that she always drinks again. "This" teaches that she does not drink again for seclusion with the same man under the same husband;

2.

The last Tana holds that "this" teaches that she never drinks again. "Toras" teaches that she drinks again for seclusion with a different man under a different husband;

3.

R. Yehudah holds that "this" excludes two cases, and "Toras" includes two cases.

i.

"This" excludes both cases under the same husband (seclusion with the same man or a different man);

ii.

"Toras" includes both cases under a different husband (seclusion with the same man or a different man).

PEREK HAYAH NOTEL
2)

WAVING THE MINCHAH

(a)

(Mishnah): He (Rashi - the husband; Tosfos - the Kohen) takes her Minchah from the basket, and puts it in a Kli Shares. He puts the Kli in her hands; the Kohen places his hands under her hands, and waves.

(b)

He waves, brings it close to the Mizbe'ach, takes a Kometz, burns the Kometz on the Mizbe'ach, and the rest is eaten by Kohanim.

(c)

He gives her to drink, then offers the Minchah;

(d)

R. Shimon says, he offers the Minchah, then gives her to drink, like it says "after, he gives her to drink."

1.

If he gave her to drink, then offered the Minchah, it is valid.

(e)

(Gemara - R. Elazar) Question: What is the source that a Sotah's offering must be waved?

1.

Objection: This is obvious. It says "he will wave it"!

2.

Answer: He asked, what is the source that the owner of the Minchah (the Sotah) must wave it?

(f)

Answer (R. Yoshiyah d'Darei): We learn from a Gezeirah Shavah "hand-hand" with Korban Shelamim:

1.

Just like the Kohen waves Minchas Sotah, he waves Shelamim;

2.

Just like the owner waves Shelamim, she waves Minchas Sotah.

(g)

Question: How do both wave (at the same time)?

(h)

Answer: The Kohen puts his hands under the owner's hands, and they wave. (When the owner is a woman, a cloth separates their hands. Alternatively, the owner holds on top, and the Kohen holds underneath, without touching her hands.)

3)

THE ORDER OF EVENTS

(a)

(Mishnah): He waves, brings it close to the Mizbe'ach, takes a Kometz... he gives her to drink, then offers the Minchah.

(b)

Question: Earlier in the Mishnah, it already said that he offers the Kometz!

(c)

Answer: The Mishnah gives the order of Menachos. He waves, brings it close to the Mizbe'ach, takes a Kometz, burns the Kometz on the Mizbe'ach, and the rest is eaten by Kohanim;

1.

They argue about when she drinks. Chachamim say, she drinks, then the offering is offered;

2.

R. Shimon says, he offers the Minchah, then gives her to drink, like it says "after, he gives her to drink."

(d)

(Mishnah): If he gave her to drink, then offered the Minchah, it is valid.

19b----------------------------------------19b

(e)

(Beraisa #1 - R. Akiva) Question: What do we learn from "v'Hishkah (he will give her to drink)" (Bamidbar 5:24, before offering the Minchah)? It 'already' says "v'Hishkah" (after it is offered, 5:27)!

(f)

Answer: If the scroll was erased and she refuses to drink, we force her to drink.

(g)

(R. Shimon) Question: What do we learn from "after, Yashkeh (he will give her to drink)" (5:26)? It already says "v'Hishkah" (5:27)!

(h)

Answer: This teaches that she drinks after all three events listed above: offering the Kometz, erasing the scroll, and accepting the oath.

(i)

R. Shimon is consistent with what he taught elsewhere, that she drinks after offering the Minchah.

(j)

Question: Obviously, she drinks after erasing the scroll. She must drink water in which the scroll was erased!

(k)

Answer (Rav Ashi): He teaches that if one can see remnants of the writing, they must be erased.

(l)

Question: We said that she drinks after accepting the oath. This implies that the scroll may be written before she accepts, just she may not drink;

1.

Rava taught that a scroll written before she accepts is invalid!

(m)

Answer: We may not infer that the scroll may be written earlier. Rather, acceptance of the oath was listed even though it teaches nothing.

(n)

Question: What do Chachamim and R. Shimon argue about (in the Mishnah)?

(o)

Answer: It mentions drinking three times - "v'Hishkah", "after, Yashkeh", and "v'Hishkah";

1.

Chachamim explain the first "v'Hishkah" simply. She drinks after erasing, before offering the Minchah;

2.

"After, Yashkeh", teaches that she does not drink if there remains a remnant of the writing;

3.

The last "v'Hishkah" teaches that if she refuses to drink after the scroll was erased, we force her to drink.

4.

R. Shimon explains "after Yashkeh" simply. She drinks after offering the Minchah;

5.

The first "v'Hishkah", teaches that if she drank before offering the Minchah, it is valid;

6.

The last "v'Hishkah" teaches that if she refuses to drink after the scroll was erased, we force her to drink.

7.

Chachamim disagree. They hold that the first "v'Hishkah" must discuss the proper procedure.

4)

FORCING HER TO DRINK

(a)

Question: In Beraisa #1, R. Akiva said that (if she refuses to drink after the scroll was erased) we force her to drink. He holds otherwise!

1.

Contradiction (Beraisa #2 - R. Yehudah): If she refuses to drink after the scroll was erased, we put iron pincers in her mouth to keep it open, to pour the water down her throat against her will;

2.

R. Akiva says, we do not give her to drink. Drinking is only to test her, and we know (by her refusal to drink) that she is guilty!

i.

Rather, before offering the Kometz, she can refuse to drink. After offering the Kometz, she cannot refuse.

(b)

Counter-question: Beraisa #2 itself is difficult! R. Akiva says that, she cannot refuse after offering the Kometz. If she refuses to drink, we know she is guilty, so she should not drink!

(c)

Answer: We distinguish when she refuses to drink from fear, from when she is calm.

1.

If she calmly refuses to drink, we know that she is guilty, so she does not drink;

2.

If she refuses to drink from fear, if the Kometz has not yet been offered, since the scroll has not yet been erased, she may refuse;

i.

Even if the scroll was already erased, since this was a mistake, she may still refuse.

3.

If the Kometz was already offered, since the scroll was erased properly, she may not refuse.

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