More Discussions for this daf
1. 71 judges in the case of a sotah 2. Devarim she'Eno ra'uy 3. Sha'ar Nikanur
4. Moshe's Tefilah for Yehudah 5. Tearing the Clothing of the Sotah 6. Atzmos Yehudah
7. Isur Sotah to Her Husband 8. Hasra'ah by Eidei Stirah 9. Why Two Talmidei Chachamim?
DAF DISCUSSIONS - SOTAH 7

dmartin asked:

it struck me that the role of the bet din shel 71 is different in the case of a sotah and in the case of zaken mamreh and other situations. the bet din shel 71 had both judicial and legislative functions and other functions which do not fall neatly into the categories that we have in western law. in the case of a sotah, i suggest that the bet din shel 71 was not functioning in a judicial role, but in another role which the torah set. therefore, perhaps we can answer tosafot's question about iyum sotah after the sanhedrin was goleh from the lishkat hagazit. it may be that only the judicial function depends on the makom, and not the other functions. for example, we know that there was a sanhedrin after the churban. this sanhedrin was not dan but it did have other legislative functions. also, perhaps this is the answer to tosafot's other question as to why the din of zaken mamreh and sotah are not mentioned in the first mishna of sanhedrin. in the case of sotah, the role of the bet din of 71 was unique (iyum only). in the case of a zaken mamreh, there was a judicial role (that's why the makom was gorem), but ultimately the zaken mamreh's judicial proceeding was not before the sanhedrin hagaadol. what do you think of this approach?

dmartin, raanana, eretz yisroel

The Kollel replies:

I like the approach in theory, along with the nice logic involved in answering both of Tosfos' questions. I am sure you are aware that the exact role of the Sanhedrin ha'Gadol in Sotah: whether it is an absolute requirement for Sotah, the exact aspect of its involvement, and more is discussed at length in the Mefarshim here (i.e. see He'aros from R. Elyashiv shlit"a on 7a-b). The varying opinions in these topics will obviously impact on the validity of your approach.

All the best,

Yaakov Montrose