More Discussions for this daf
1. The statement of Rebbi Chanina mi'Sura 2. Zivugim 3. sotah
4. Second Marriage 5. Kinuy b'Zman ha'Zeh 6. Rashi DH Makneh Lah Al Pi Shenayim
7. One Ed by Sotah Vadai 8. What if Husband Dies? 9. Shmuel bar Rav Yitzach amar Resh Lokish
10. Kinui Without Eidim 11. Laws of Sotah 12. Zivug Rishon and Zivug Sheni
13. Finding the right one 14. Sotah 15. Zivug Rishon and Sheni
16. Different factors for a Sotah 17. V'Ed Ein Bah 18. 7 Nations
19. ðàîðåú äáòì ìèåîàä
DAF DISCUSSIONS - SOTAH 2

simcha cohen asks:

Why should one not be Mekaneh his wife w/o eidim? They would still need 2 eidim for stirah. is the chashash that there will be 2 eidim on stirah?

Thank you

The Kollel replies:

Hi Simcha,

I am not sure I fully understand your question, so, I will give a broad answer which might answer any option of what you wanted to know.

As we know, Rebi Eliezer and Rebi Yehoshua in the Mishna, agree that Kinuy needs two Eidim, while there is a dispute regarding the Setira (there is also Rebi Yosi Bar Yehuda in the Gemara that Kinuy doesn't need two either).

As we also know, the default, especially regarding a Davar she'be'Erva, we require two Eidim. This is why we need two Eidim to start the process of Sotah, sequenced by the whole Parsha of the drinking of the water. Rebi Yossi Bar Rebi Yehuda, learns from the Posuk that Kinuy does not need Eidim at all. Rebi Yossi does not suggest anyone to Mekane with or without Eidim, but he just says that formally, Eidim are not needed.

There is another Halacha, that if a woman is Chayav to drink the Sotah water, she is forbidden to her husband till she drinks the water in Beis ha'Mikdash.

The Gamara, followed by the Poskim say that since the Halacha is not clear, and there is no Hashkaas Sotah in our days, since the Halacha might be like Rebi Yossi Bar Yehuda, if a man is Mekane without Eidim - according to Rebi Yossi - she is forbidden to her husband until she drinks the water. Since it is not possible now adays, by being Mekane, this husband might bring on himself a situation which will distroy his home, if his wife will be Nistar with this man, whether Eidim are or aren't needed, his wife will be Ossur, maybe just because a minute of unjustified anger.

I hope this helps,

Aharon Steiner

simcha cohen asks:

My question is that even if we are concerned with Rebbi Yosi bar Rebbi Yehudah, however Rebbi Yosi bar Rebbi Yehudah himself paskens that you need 2 eidim on the stirah, and that is an unlikely occurrence, unless of course she is intent on doing something illicit.

The Kollel replies:

Hi Again,

The Beis Yosef brings from the Tshuvos ha'Rashba (Tshuva557) that if the husband saw or knows of the Stirah, it is a Mitzvah on him to divorce his wife.

The Prisha (Even ha'Ezer 178;7 says, that when the Kinuy is without Eidim, it is less taken seriously, and the wife might go into a closed place with this man, with no intension of doing something wrong, even if there are people watching her do so.

We can also say, that even if this is unlikely occurrence, it is still is a bad enough to make sure it does not happen.

Kol Tuv,

Aharon Steiner