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SOTAH 44

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SUMMARY

A Mes is Metamei four Amos in each direction. (1)
 
If someone is standing in a courtyard of a Kever that is at least the size of four Tefachim according to Beis Hillel he is not Tamei even if he is within four Amos of the Mes. (2)
 
Whether someone is betrothed to a Besulah, or a widow, or a Shomeres Yavam he is Patur from going out to war. (3)
 
If a Kohen Gadol is Mekadesh a widow, or a Kohen Hedyot is Mekadesh a divorcee, or a Yisrael is Mekadesh a Mamzeres they must go out to war. (4)
 
A person should first build a house and then plant a vineyard and only after that should he get married.
 
A person should first learn Mikra and then learn Mishnah and only after that should he learn Gemara.
 
Although according to Rebbi Yehudah a person who rebuilds his house may not turn back from the war, however if he adds one row of stones he should turn back.
 
Rebbi Eliezer says that someone who builds a brick house in the Sharon does not turn back because it must be refurbished twice in seven years.
 
If a person is Me'ares his former wife he does not turn back from the war.
 
If a person built a house, redeemed a vineyard or got married within a year he does not go out to war and he does not provide supplies or fix the roads.
 
Rebbi Yosi ha'Glili says that if someone is afraid because of transgressions that he committed he should not go out to war. (5)
 
There were guards that were in front and in back of the soldiers to ensure that no one ran away and if someone attempted to do so the guards were allowed to hit them in the thigh.
 
For a Milchemes Mitzvah everyone must fight including a newly married Chasan.
 
It is a Machlokes between Rebbi Yosi and Rebbi Yosi ha'Glili whether a person turns back from war because of an Aveirah d'Rabanan that he committed. (6)
 
If someone is frightened by the sounds of war he must turn back so that he does not frighten his fellow soldiers.
 
It is a Machlokes between Rebbi Yehudah and the Rabanan whether a war that is waged in order to prevent the Goyim from overtaking our land is a Mitzvah or a Reshus. (7)
 
The Parshah of Eglah Arufah must be recited in Lashon ha'Kodesh.
 
Three members of the Beis Din ha'Gadol went out for the Eglah Arufah. (8)
 
If the Mes was found underneath rubble or hanging from a tree, or floating in the water an Eglah Arufah is not brought.
 
If the Mes is found close to the border, or close to a city of Goyim, or close to a city that does not have a Beis Din, an Eglah Arufah is not brought.
 
The Mes is measured only to a city that has a Beis Din.

A BIT MORE

1. This is a Rabbinical ordinance because of the concern that a person may come too close to a Mes and he may stick his hand over the Mes without realizing it and he will be Tamei Ohel from the Mes.
 
2. However that is only if the entrance to the courtyard is from the side, but if the entrance is from the top the courtyard must be at least the size of four Amos.
 
3. Even if there are five brothers and one of them died without children they are Patur from the war since one of them must do Chalitzah or Yibum with the wife.
 
4. Although these women are prohibited he is not punished with Malkus until he has Bi'ah and therefore even according to Rebbi Yosi ha'Glili a special Mi'ut is needed for these women.
 
5. Rebbi Yosi ha'Glili holds that the Torah dismissed all of the other people from war in order to give a Ba'al Aveirah an opportunity to turn back.
 
6. Rebbi Yosi ha'Glili holds that even talking between the Tefilin Shel Yad and Shel Rosh is an Aveirah that would prompt one to turn back from war.
 
7. Rebbi Yehudah holds that it is a Mitzvah and therefore someone who is occupied in this Mitzvah is Patur from other Mitzvos.
 
8. Rebbi Yehudah says that five members of Beis Din went out for the Eglah Arufah.

BRIEF INSIGHT

A RODEF
 
There were guards that were in front and in back of the soldiers to ensure that no one ran away and if someone attempted to do so the guards were allowed to hit them in the thigh. The Netziv explains that anyone who attempts to flee is regarded as a Rodef and therefore the guards were allowed to physically stop them. Even though they were only fleeing out of fear and they were not deliberately attempting to put their fellow soldiers' lives in danger, even so they are regarded as a Rodef. The Gemara says in Sanhedrin that even an infant is regarded as a Rodef if in the process of birth he is putting his mother's life in danger, even though obviously the infant is not doing it deliberately.

QUICK HALACHAH

MARRIAGE AT WAR
 
Someone who is Me'aras a Besulah, or a widow, or if a Yevamah fell to him, even if there are five brothers and one of them dies without children all of the brothers turn back from the war. If a person is Mekadesh a woman with a Tenai that it shall go into affect from now and after 12 months and the allotted time is up during a war he turns back from the war. (Rambam Hilchos Melachim 7:7)

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