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)

(a)What distinction does the Tana draw between a young man whose elderly wife or one who is unable to have children is a Sotah, who has another wife and one who does not?

(b)What happens then to the latter?

(c)The Tana obligates a Sotah who is pregnant or feeding to drink the Mei Sotah or to accept a Get and lose her Kesuvah. What is the Chidush? Why might we have thought otherwise?

(d)What do the following have in common: 'Eshes Mamzer l'Mamzer, Eshes Nasin l'Nasin, Eshes Ger v'Eved Meshuchrar v'Ailonis'?

1)

(a)The Tana draws a distinction between a young man whose elderly wife or one who is unable to have children is a Sotah who has another wife - in which case he is permitted to retain her and she drink, and one who does not - in which case she is unfit to retain and does not drink.

(b)In the latter case she her husband gives her a Get, but she loses her Kesuvah.

(c)The Tana obligates a Sotah who is pregnant or feeding to drink the Mei Sotah (or to accept a Get and lose her Kesuvah) - even though this will result in her fetus or her baby dying too.

(d)What 'Eshes Mamzer l'Mamzer, Eshes Nasin l'Nasin, Eshes Ger v'Eved Meshuchrar v'Ailonis' have in common is - that they either drink the Mei Sotah or they receive a Get, and lose their Kesuvah.

2)

(a)Rav Nachman (who holds that even the Rabanan of Rebbi Eliezer agree that an Ailonis does not drink) holds like Rebbi Shimon ben Elazar. What does Rebbi Shimon ben Elazar learn from the Pasuk "ve'Niksah ve'Nizre'ah Zara"?

(b)What does Rebbi Akiva learn from this Pasuk?

(c)On what grounds does Rebbi Yishmael object to this Derashah?

(d)So how does he modify it? What four advantages does the Sotah gain to make up for her embarrassment, according to him assuming that she is innocent?

2)

(a)Rav Nachman (who holds that even the Rabanan of Rebbi Eliezer agree that an Ailonis does not drink) holds like Rebbi Shimon ben Elazar, who learns from the Pasuk "ve'Niksah ve'Nizre'ah Zara" - a woman who is unfit to have children does not drink the Mei Sotah.

(b)Rebbi Akiva learns from this Pasuk - that if the woman had previously been barren, she will now bear children.

(c)Rebbi Yishmael objects to this Derashah - because it will serve as an incentive for women who are unable to have children to contravene their husband's instructions and seclude with other men to enable them to bear children (as indeed Chanah threatened to do, as we learned in Berachos).

(d)So he modifies the Derashah to learn from the Pasuk - that if until now, she was used to having painful births, she will from now on, bear children painlessly, and if she was used to bearing girls, or short or ugly children, she will from now on give birth to, tall and good-looking boys.

3)

(a)The Tana of our Mishnah included a Pasul woman who is married to a Mamzer in the Din of drinking, as well as the wife of a convert and a a freed slave. Why did he find it necessary to include ...

1. ... a Pasul woman who is married to a Mamzer?

2. ... the wife of a convert and a freed slave?

(b)Then what is his source for including them?

(c)He also includes the wife of a Kohen. What might we have Darshened from the Pasuk "v'Hi Lo Nispasah" (bearing in mind that "v'Hi" is a Mi'ut [which comes to preclude]) to imply that she does not drink?

3)

(a)The Tana of our Mishnah included a Pasul woman who is married to a Mamzer in the Din of drinking, as well as the wife of a convert and a a freed slave. He found it necessary to include ...

1. ... a Pasul woman who is married to a Mamzer - because we might otherwise have thought that (bearing in mind that the main function of the water is to make peace between the man and his wife) it would be better for her not to drink, so as not to encourage them to reunite and bring more Mamzerim into the world.

2. ... the wife of a convert and a a freed slave - because the Torah introduces the Parshah of Sotah with the words "Daber el Bnei Yisrael ... ", implying 'but not converts'.

(b)His source for including them - is the word "v'Amarta" (see Tosfos).

(c)He also includes the wife of a Kohen. We might have otherwise Darshened from the Pasuk "v'Hi Lo Nispasah" (bearing in mind that "v'Hi" is a Mi'ut [which comes to preclude]) - only a bas Yisrael (to whom the inference v'Hi Lo Nispasah", 'Ha Nispasah [b'Ones] Muteres' applies) is subject to the Dinim of Sotah, but not a bas Kohen (to whom it does not).

4)

(a)The Tana states further (with regard to the wife of a Kohen) 'u'Muteres l'Ba'alah'. Why does he need to tell us that? Is it not obvious?

(b)If the Tana is speaking when the water affects her, then why is it not obvious that she is indeed guilty (and that she did not die on account of her merits)?

(c)In that case, what is the Tana coming to teach us? What might we otherwise have thought?

4)

(a)The Tana states further (with regard to the wife of a Kohen) 'u'Muteres l'Ba'alah', which he finds necessary to insert in the Mishnah - because he is speaking when, immediately after the Sotah drunk, she began to deteriorate, conveying the impression that she is a Zonah who is forbidden to her husband.

(b)Nevertheless, it is not at all obvious that she is indeed guilty (and that she did not die on account of her merits) - because the Mishnah is speaking when the water affected other parts of her body than her stomach and thighs (e.g. her head became heavy ... ) ...

(c)... and the Tana is coming to teach us - that we do not consider the fact that the water is affecting her via limbs other than her stomach and thighs as an indication that she had relations with the man concerned, only she was an Ones (which would render her forbidden to her husband who is a Kohen).

5)

(a)The Tana also says 'Eshes Seris Shoseh'. Why is this not a case of the Shechivah of the adulterer preceding that of the husband, in which case, the water will not have any effect?

(b)Why must the Tana be referring to a Seris Chamah (who was born a Seris) and not a Seris Adam (who became one through an accident)?

(c)Why might we have thought that Kinuy will not apply to an adulterer who is a close relative? What might we have learned from the dual expression "v'Nitma'ah" "v'Nitma'ah"?

(d)How do we refute this proposition?

5)

(a)The Tana also says 'Eshes Seris Shoseh'. This is not a case of the Shechivah of the adulterer preceding that of the husband (in which case, the water will not have any effect) - because although a Seris cannot impregnate his wife, he can be intimate with her.

(b)The Tana must be referring to a Seris Chamah (who was born a Seris) and not a Seris Adam (who became one through an accident) - because the latter is forbidden to retain his wife (due to the Pasuk in Ki Setzei "Lo Yavo Petzu'a Daka u'Kerus Shafchah bi'Kehal Hash-m"), and we have already learned that a woman who is forbidden to her husband does not drink.

(c)We might have thought that Kinuy will not apply to an adulterer who is a close relative - because "v'Nitma'ah" "V'Nitma'ah" ('Echad l'Ba'al v'Echad l'Bo'el) implies that the adulterer (like her husband) becomes forbidden through it, to preclude one who is forbidden to her anyway.

(d)We refute this proposition - on the grounds that the Pasuk comes to forbid the adulterer should he have been permitted until the seclusion, but not to preclude from the prohibition one who was forbidden already (because there is no word in the Pasuk that precludes).

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

6)

(a)What does the word "Ish" (with regard to the Din of Sotah) come to preclude?

(b)The Tana includes veshe'Eino Ish' together with a Katan. Initially we suggest that this means a Shachuf. What is 'Shachafas'?

(c)But we reject this proposition on account of Shmuel. What dual ruling does Shmuel issue with regard to Shachuf?

(d)On what grounds did we attempt to preclude a Shachuf (as well as a Saris - see Tosfos DH 'Shachuf') from the Din of Sotah?

6)

(a)The word "Ish" - comes to preclude a woman from the Din of Sotah if the Bo'el is a Katan.

(b)The Tana includes veshe'Eino Ish' together with a Katan. Initially we suggest that this means a Shachuf. 'Shachafas' is - tuberculosis (a wasting disease which leaves the patient able to perform Bi'ah, but unable to impregnate).

(c)But we reject this proposition on account of Shmuel - who qualifies a Shachuf both as a Bo'el in the Din of Sotah and as fit to disqualify a bas Kohen from eating Terumah.

(d)We attempted to preclude a Shachuf (as well as a Saris - see Tosfos DH 'Shachuf') from the Din of Sotah - from the Pasuk "v'Shachav Ish Osach Shichvas Zera".

7)

(a)The Pasuk in Emor "v'Lo Yechalel Zar'o" does not come to preclude the Bi'ah of a Shachuf from disqualifying a bas Kohen from eating Terumah (because, like a Saris, he is able to be intimate (as we explained), neither does it come to preclude a Nochri, because of a statement by Rav Hamnuna. What does Rav Hamnuna say regarding the Bi'ah of a Nochri?

(b)We might have thought that he does not qualify as a Bo'el in the Din of Sotah (just as we learned above regarding a Saris). Why might we have thought, based on the Pasuk "u'Vas Kohen Ki Sihyeh l'Ish Zar", that his Bi'ah does not disqualify a bas Kohen from Terumah either?

(c)What did Rebbi Yochanan quoting Rebbi Yishmael learn from the Pasuk "u'Vas Kohen Ki Sihyeh Almanah u'Gerushah v'Zera Ein Lah, v'Shavah el Beis Avihah" that teaches us otherwise?

7)

(a)The Pasuk "v'Lo Yechalel Zar'o" does not come to preclude a Shachuf from disqualifying a bas Kohen from eating Terumah (because, like a Saris, he is able to be intimate (as we explained), neither does it come to preclude the Bi'ah of a Nochri, because of a statement by Rav Hamnuna, who qualifies a Shachuf both as a Bo'el in the Din of Sotah and as fit to disqualify a bas Kohen from eating Terumah..

(b)We might have thought that he does not qualify as a Bo'el in the Din of Sotah (just as we learned above regarding a Saris), and that, based on the Pasuk "u'Vas Kohen Ki Sihyeh l'Ish Zar", his Bi'ah does not disqualify a bas Kohen from Terumah either - because "Ki Sihyeh" implies that it is only the Bi'ah of someone with whom Kidushin is effective who disqualifies her.

(c)However, Rebbi Yochanan quoting Rebbi Yishmael learns from the Pasuk "u'Vas Kohen Ki Sihyeh Almanah u'Gerushah v'Zera Ein Lah, v'Shavah El Beis Avihah" - that it is only a man whose divorce and death render the bas Kohen a divorcee or a widow, respectively, who permit her to return to her father's house to eat Terumah, but not the Bi'ah of a Nochri, whose divorce and death will not affect her.

8)

(a)So what does the Pasuk "v'Lo Yechalel Zar'o" come to preclude (from disqualifying a bas Kohen from Terumah)? Who is the 'Mi she'Eino Ish' in our Mishnah?

(b)What does the Tana of a Beraisa learn from the Pasuk "Lo Savi Esnan Zonah u'Mechir Kelev ... Gam Sheneihem"?

(c)What is the case of ...

1. ... Esnan Kelev?

2. ... Mechir Zonah?

(d)Having included a Shachuf and a Saris in the Din of Sotah, we have a problem as to why the Torah writes "Shichvas Zera". Why can it not come to preclude a case where a husband warned his wife not to ...

1. ... perform an unnatural Bi'ah with the adulterer, like Rav Sheshes suggests?

2. ... lie with him in close proximity, without performing Bi'ah (according to our initial understanding), like Rava suggests?

8)

(a)So the 'Mi she'Eino Ish' in our Mishnah - refers to an animal, who does not qualify as a Bo'el from the Pasuk "v'Lo Yechalel Zar'o" (because Znus with an animal is not called Znus [even though it carries with it an Isur Sekilah]).

(b)The Tana of a Beraisa learns from the Pasuk "Lo Savi Esnan Zonah u'Mechir Kelev ... Gam Sheneihem" - that this Pasuk is restricted to two cases, and does not incorporate four (meaning that there is no such thing as Esnan Kelev or Mechir Zonah.

(c)The case of ...

1. ... Esnan Kelev - is when a man gives a prostitute a lamb in exchange for having relations with his dog.

2. ... Mechir Zonah - is when a man swaps his prostitute slave-girl for a lamb.

(d)Having included a Shachuf and a Saris in the Din of Sotah, we have a problem as to why the Torah writes "Shichvas Zera". It cannot come to preclude a case where a husband warned his wife not to ...

1. ... perform an unnatural Bi'ah with the adulterer (like Rav Sheshes suggests) - because the Torah writes "Mishkevei Ishah" (in Acharei-Mos) comparing an unnatural Bi'ah to a natural one (thereby including such a warning in the Din of Sotah).

2. ... lie with him in close proximity, without performing Bi'ah (like Rava suggests - according to our initial understanding) - because even though this may well be an indecent act, there is no reason why it should render a woman a Sotah.

9)

(a)Abaye explains that it comes to preclude Neshikah. What is Neshikah?

(b)On what grounds do we then object to Abaye's explanation?

(c)In order to accommodate those who interpret Ha'ara'ah as Neshikah, we reinstate Rava's answer, that it comes to preclude a case where the husband warned his wife not to lie with the adulterer in close proximity, without performing Bi'ah. How do we then answer the Kashya that we asked earlier (why this should render a woman a Sotah)?

9)

(a)Abaye explains that "Shichvas Zera comes to preclude Neshikah - the first stage of Bi'ah (which entails no more than the touching of the genitals).

(b)We object to Abaye's explanation - on the grounds that although his explanation is acceptable according to those who explain Ha'ara'ah (a partial Bi'ah which the Torah compares to a complete Bi'ah) as 'Hachnasas Atarah' (the entry of the limb), but according to those who explain it to be Neshikah, how can we preclude from the Din of Sotah a case which the Torah has already compared to Bi'ah?

(c)In order to accommodate those who interpret Ha'ara'ah as Neshikah, we reinstate Rava's answer (that it comes to preclude when the husband warned his wife not to lie with the adulterer in close proximity, without performing Bi'ah). If not for the Pasuk, we may well have thought - that the Torah takes its cue from the whim of the husband (and whatever he is fussy about, renders her a Sotah).

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