12th CYCLE DEDICATION
SOTAH 26-28 - 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)

WHICH WOMEN DRINK

(a)

(Continuation of Beraisa #1 - R. Meir): If he married Me'uberes (Chaveiro) or Meinekes Chaveiro, she does not drink and does not get her Kesuvah;

1.

R. Meir holds that a man may not marry Me'uberes or Meinekes Chaveiro. If he married her, he must divorce her and may never remarry her;

2.

Chachamim say, he may not marry her. If he did, he must divorce her. When the period of nursing finishes, he may remarry her.

(b)

Also, if a youth (without a wife or childless) married a sterile woman or one too old to have children, she does not drink and does not get her Kesuvah;

(c)

R. Eliezer says, he can marry another woman, and fulfill the Mitzvah of having children through his second wife.

(d)

If one warned his Arusah or Shomeres Yavam, and she was secluded after Nisu'in, she drinks, or forfeits her Kesuvah;

(e)

If one marries a woman pregnant with or nursing his baby, she drinks, or forfeits her Kesuvah;

(f)

If a youth married a sterile woman or one too old to have children, and he has children or a second wife who can have children, she drinks or forfeits her Kesuvah;

(g)

If a woman is married to a Mamzer or Nasin (and is permitted to him), or to a convert or freed slave, or she is an Ailonis, she drinks or forfeits her Kesuvah.

1.

Summation of question (against Rav Nachman): This shows that an Ailonis may drink!

(h)

Answer: Rav Nachman holds like a different Tana.

1.

(Beraisa #2 - R. Shimon ben Elazar): An Ailonis does not drink, nor receive her Kesuvah;

2.

We learn from "she will be vindicated, and bear seed." This excludes an Ailonis, who cannot bear seed.

(i)

Question: What do Chachamim (i.e. the Tana of Beraisa #1) learn from that verse?

(j)

Answer (Beraisa - R. Akiva): "She will be vindicated, and bear seed" - if she was sterile, she will bear children;

(k)

R. Yishmael: If so, sterile women will (provoke their husbands to warn them and) seclude themselves, in order to have children!

1.

Is it fair that a sterile woman who is too modest to do this will not bear children?!

(l)

Rather, the verse teaches that if she used to give birth in pain, she will give birth easily. If she used to bear daughters, she will bear sons. If she used to bear short babies, she will bear tall ones. If she bore dark babies, she will bear light babies. (One would not become a Sotah merely to ease childbirth or to have better children.)

2)

WOMEN WHO DRINK

(a)

(Beraisa #1): The wife of a Mamzer (drinks, i.e. if she is permitted to him).

(b)

Objection: This is obvious. Why shouldn't she drink?

(c)

Answer: One might have thought that the Torah does not want to permit her to her husband, lest she bear Mamzerim. The Beraisa teaches that this is not so.

(d)

(Beraisa #1): The wife of a convert or freed slave...

(e)

Objection: This is obvious. Why shouldn't she drink?

(f)

Answer: One might have thought that "speak to Bnei Yisrael" excludes converts. The Beraisa teaches that this is not so.

1.

Question: Why don't we expound thusly?

2.

Answer: "And say (to them)" includes converts.

(g)

(Mishnah): The wife of a Kohen drinks...

(h)

Objection: This is obvious. Why shouldn't she drink?

(i)

Answer: It says "she was not forced, she is forbidden.." This implies that if she was raped, she is permitted;

1.

A Kohen's wife is forbidden even if she was raped. Therefore, one might have thought that she does not drink. The Mishnah teaches that this is not so.

(j)

(Mishnah): (After drinking) she is permitted to her husband.

(k)

Objection: This is obvious!

(l)

Answer (Rav Huna): The Mishnah teaches about a woman who deteriorates after drinking.

(m)

Question: If so, this shows that she is guilty!

(n)

Answer: Her limbs deteriorate, but not like those of a guilty Sotah;

1.

One might have thought that she was defiled. She is not dying like a normal guilty Sotah because she was raped. If her husband is a Kohen, we would say that she is forbidden. The Mishnah teaches that this is not so.

(o)

(Mishnah): The wife of a Seris drinks.

(p)

Objection: This is obvious!

(q)

Answer: It says "(if a man had Bi'ah with you) other than your husband." One might have thought that since her husband is impotent, she is excluded from the Parshah. The Mishnah teaches that this is not so. (He is impotent, but his Bi'ah is considered Bi'ah.)

3)

FROM WHOM SHE MAY BE WARNED

(a)

(Mishnah): She may be warned against seclusion with any of the Arayos...

(b)

Objection: This is obvious!

26b----------------------------------------26b

(c)

Answer: It says twice "she was defiled", to teach that she becomes (permanently) forbidden to her husband and the Bo'el;

1.

One might have thought that the Parshah applies only when she would have been permitted to the Bo'el (if she were widowed or divorced) if not for the adultery. The Mishnah teaches that this is not so.

(d)

(Mishnah): Except for a child...

1.

"A man" excludes a child.

(e)

Question: The Mishnah also excludes 'one who is not a man'. What does this mean?

1.

Suggestion: It is a Shachuf (one who cannot have proper Bi'ah).

2.

Rejection: Shmuel taught that one can warn from a Shachuf, and if a Shachuf has Bi'as Isur with a woman, he disqualifies her from Terumah (like a normal man)!

3.

Question: Why did Shmuel have to teach that one can warn from a Shachuf? This is obvious!

4.

Answer: One might have thought that "a man lied with you, (and emitted) semen" excludes a Shachuf, who is incapable of this. Shmuel teaches that this is not so.

5.

Question: Why did Shmuel need to teach that a Shachuf disqualifies from Kehunah? This is obvious!

6.

Answer: "He will not Yechalel (profane) his seed" (is written with two 'Yudim', to teach that he also disqualifies the woman from Terumah). One might have thought that only one who can have seed can disqualify a woman. Shmuel teaches that this is not so.

(f)

Answer #1: Rather, it excludes a Nochri.

1.

Objection: Rav Hamnuna taught that one can warn from a Nochri, and a Nochri disqualifies a woman from Terumah!

2.

Question: Why did Rav Hamnuna have to teach that one can warn from a Nochri? This is obvious!

3.

Answer: It says twice "she was defiled", to teach that she becomes forbidden to her husband and the Bo'el;

i.

One might have thought that this excludes a Nochri, who was forbidden to her before the adultery. Rav Hamnuna teaches that this is not so.

4.

Question: Why did Rav Hamnuna have to teach that a Nochri disqualifies a woman from Terumah? This is obvious!

5.

Answer: One might have thought that "when a Bas Kohen Sihyeh (will be) to a non-Kohen (she may not eat Terumah)" applies only to a man who can have Havayah (Kidushin). Rav Hamnuna teaches that this is not so, like R. Yochanan taught:

i.

(R. Yochanan): If a Nochri or slave has Bi'ah with a Bas Kohen, Bas Levi, or Bas Yisrael, he disqualifies her from Kehunah - "when a Bas Kohen will be a widow or divorcee (she may again eat Terumah)";

ii.

This applies only when she was married to a Yisrael, from whom she can be widowed or divorced (but if she was with a Nochri or slave, she is permanently forbidden to Kehunah).

(g)

Question: We still did not answer what 'one who is not a man' excludes!

(h)

Answer #2 (Rav Papa): It excludes an animal, for bestiality is not considered Znus.

(i)

(Rava mi'Parzakiya): We learn this from "do not bring (for a Korban) Esnan of (wages given to) a harlot or barter of (something exchanged for) a dog."

1.

(Beraisa): The Esnan of a (Rashi - harlot for a) dog and the barter of a harlot may be brought. The verse concludes "both of them" - of the four combinations, only the two mentioned are abominations.

(j)

Question: (Shmuel taught that one may warn against a Shachuf (even though he cannot have proper Bi'ah. If so,) what do we learn from "semen"?

(k)

Answer (Beraisa): "Semen" excludes something else.

1.

Question: What is this something else?

2.

Answer #1 (Rav Sheshes): He warned her against Bi'ah Lo k'Darkah (in the anus).

3.

Objection (Rava): It says "Mishkevei (plural) Ishah" (this equates Lo k'Darkah to normal Bi'ah)!

4.

Answer #2 (Rava): He warned her against intimacy without Bi'ah.

5.

Objection (Abaye): That is mere licentiousness. The Torah does not forbid a woman to her husband for that!

6.

Answer #3 (Abaye): He warned her against touching (of his genitals to hers).

i.

This is like the opinion that Ha'ara'ah (the first stage of Bi'ah, which is normally considered like full Bi'ah) is entrance of the crown.

7.

Question: According to the opinion that Ha'ara'ah is touching, surely he can warn against this! What does the Mishnah exclude?

8.

Defense of Answer #2: Really, he warned her against intimacy without Bi'ah;

i.

One might have thought that warning depends on what disturbs the husband. If he is concerned for this, it is proper warning. The Beraisa teaches that this is not so.

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