12th CYCLE DEDICATION
SOTAH 23-25 - A week of study material has been dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov (Irving) ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.

1)

IMMODEST BEHAVIOR

(a)

Rejection #2: Shmuel can hold even like R. Yoshiyah.

1.

R. Yoshiyah needed a verse to teach that a Shomeres Yavam drinks. This implies that she is not like a full wife.

(b)

Question: If a wife was Overes Al Das (Yehudis, i.e. she deviated from the modest ways of Bnos Yisrael), does she forfeit her Kesuvah even if she was not warned?

1.

Since she acted immodestly, no warning is needed;

2.

Or, perhaps we must warn her. Perhaps she will correct her behavior!

(c)

Answer #1 (Mishnah): An Arusah or a Shomeres Yavam does not drink and does not get a Kesuvah.

1.

Inference: They must be warned.

2.

Question: What does the warning accomplish?

i.

Suggestion: If she is secluded, she forfeits her Kesuvah. (This implies that she does not forfeit her Kesuvah for immodest behavior unless she was warned.)

(d)

Rejection #1 (Abaye): No. The warning causes that seclusion will forbid her to her husband.

(e)

Rejection #2 (Rav Papa): The warning is in order to make her drink after Nisu'in.

1.

(Beraisa): One cannot warn his Arusah to make her drink during Eirusin, but he can warn her to make her drink after Nisu'in.

(f)

Answer #2 (Rava - Mishnah): The following do not drink or receive a Kesuvah: a widow married to a Kohen Gadol, a divorcee or Chalutzah married to a regular Kohen, a Mamzeres or Nesinah married to a Yisrael, or a Bas Yisrael married to a Mamzer or Nasin;

1.

Inference: They do not drink, but they may be warned.

2.

Question: What does the warning accomplish?

i.

You cannot say that seclusion will forbid her to her husband. She is already forbidden!

3.

Answer: Rather, if she is secluded, she forfeits her Kesuvah.

(g)

Rejection (Rav Yehudah of Diskarta): No. The warning causes that seclusion will (permanently) forbid her to the (suspected) Bo'el;

1.

(Mishnah): Just like a Sotah is forbidden to her husband, she is forbidden to the Bo'el.

(h)

Answer #3 (R. Chanina of Sura - Mishnah): Beis Din can warn the wife of a man who became deaf or insane, or was imprisoned;

1.

She may not drink. She is warned, so that if she is secluded, she forfeits her Kesuvah.

2.

Inference: She does not forfeit her Kesuvah without warning.

(i)

Question: Why didn't the other Amora'im resolve the question from our Mishnah?

(j)

Answer: One could distinguish. The wife of a deaf, insane, or imprisoned man does not fear her husband, so we are not as quick to punish her for immodesty.

(k)

Question: May a husband remain married to a wife who is Overes Al Das?

1.

Perhaps he may decide whether or not he minds;

2.

Or, since most men object to immodest behavior, he may not choose!

(l)

Answer (Mishnah): Beis Din can warn the wife of a man that became deaf, or insane, or was imprisoned.

1.

If her husband may remained married to her, Beis Din would not warn her, lest she become forbidden, and he would have wanted to keep her!

(m)

Rejection: Really, he may remain married to her, but we assume that he would not want to remain married to a wife who is Overes Al Das.

2)

CANCELLING A WARNING

(a)

Question: If a man warned his wife, can he cancel the warning?

1.

If warning depends on what bothers the husband, he is no longer adamant;

2.

Or, since he initially warned her, he cannot retract!

(b)

Answer #1 (Mishnah): Beis Din can warn the wife of a man that became deaf, or insane, or was imprisoned.

1.

If a husband could cancel a warning, Beis Din would not warn her, lest he cancel it. (This would be a disgrace to Beis Din!)

(c)

Rejection: Really, a husband can cancel a warning. We are not concerned that he will cancel it, for a person usually agrees with decisions of Beis Din.

(d)

Answer #2 (Mishnah): Two Chachamim are sent to accompany the Sotah and her husband to Yerushalayim, lest he have Bi'ah with her on the way.

1.

If he can cancel his warning, there is no need for Chachamim (to ensure that he not have Bi'ah with her). He can cancel the warning and have Bi'ah!

(e)

Rejection: This is the purpose of Chachamim, to tell him that he should cancel the warning before he has Bi'ah!

(f)

Answer #3 (R. Yoshiyah, citing Chachamim of Yerushalayim): A husband can pardon his warning. The Great Sanhedrin can pardon a Chacham who rules unlike them. Parents can pardon a rebellious son;

1.

(Chachamim of the south): A husband and parents can pardon, but the Sanhedrin cannot, lest disputes increase in Yisrael.

2.

Conclusion: This teaches that a husband can pardon his warning.

(g)

Rav Acha and Ravina argued about whether pardon works only before seclusion, or even after seclusion.

(h)

Support (for the former opinion - Beraisa - R. Yosi): A Kal va'Chomer shows that the husband (of a Sotah) is trusted (to be secluded with her):

1.

Nidah is Chayavei Kerisus, yet a man is trusted to be secluded with his wife when she is Nidah. Sotah is only a Lav, all the more so he is trusted to be alone with her!

2.

Chachamim: You cannot learn from Nidah, for she will become permitted to him again. A Sotah might not become permitted to him again!

i.

If pardon worked after seclusion, also a Sotah could become permitted again. He could pardon the warning!

3.

Conclusion: This teaches that pardon does not work after seclusion.

3)

WOMEN WHO DO NOT DRINK

(a)

(Mishnah - Beis Shamai): If her husband died before she drank (she collects her Kesuvah...)

(b)

Question: What is the source of the argument?

(c)

Answer: Beis Shamai hold that a document (in our case, the Kesuvah) destined to be collected is considered to be collected already. (If there is a Safek and no one brings proof, the bearer collects.) Beis Hillel say, it is not considered to be collected already.

25b----------------------------------------25b

(d)

(Mishnah - R. Meir): If a man married Me'uberes Chaveiro...

(e)

(Rav Nachman): They argue only about a sterile woman, or one too old to have children. All agree that an Ailonis does not drink and does not get her Kesuvah;

1.

"(If) she is vindicated, she will bear seed" - she drinks only if she is able to bear seed.

(f)

Question (Beraisa #1): (The question is from the end of this long Beraisa.) If a man warned his Arusah or Shomeres Yavam, if she was secluded before Nisu'in, she does not drink and does not get her Kesuvah;

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