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SOTAH 25

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SUMMARY A person may be Mekanei an Arusah in order to give her to drink from the Mei Sotah after the marriage.   A Kohen Gadol who is married to a widow may be Mekanei his wife, but he may not give her to drink. (1)   A Sotah is prohibited to her husband and to the Bo'el.   Beis Din is Mekanei the wife of a deaf mute or a Shoteh in order to strip her of her Kesuvah. (1)   A wife who is Overes Al Das (acts promiscuously) does not lose her Kesuvah unless she was first warned.   It is a Safek if a husband may stay with his wife if she acts promiscuously.   A husband may be Mochel on his Kinuy prior to the Setirah, but after the Setirah he may no longer be Mochel.   It is a Machlokes if the Beis Din may be Mochel a Zaken Mamrei.   The parents of a Ben Sorer u'Moreh may be Mochel him.   Two Talmidei Chachamim accompany the Sotah on the road to Yerushalayim.   Rebbi Yosi says that the husband is trusted that he will not have relations with her. (2)   Beis Shamai holds that a Shtar that will be collected is as if it has been collected but Beis Hillel argues. (3)   Rebbi Nachman says that even according to Rebbi Eliezer an Ailonis may not drink the Mei Sotah. (4)   If both the Kinuy and Setirah of an Arusah and Shomeres Yavam were prior to the Nisu'in she does not drink the Mei Sotah but does not receive a Kesuvah. (4) A BIT MORE 1. However she does not drink the Mei Sotah.   2. It is not necessary for Talmidei Chachamim to accompany them according to Rebbi Yosi. It is a Kal va'Chomer that if a husband is trusted with his wife who is a Nidah even though it is a Chiyuv Kares certainly he should be trusted with a Sotah which is an Isur Lav. The Chachamim disagree with Rebbi Yosi because the a Sotah who may be prohibited forever cannot be learned out from a Nidah which is a temporary prohibition.   3. When the husband dies before he can give his wife to drink according to Beis Shamai she collects her Kesuvah because it is as if the Kesuvah was already collected and therefore the burden of proof that she was Mezaneh is on the family of the husband. Beis Hillel holds the Kesuvah is not as if it is collected and therefore the burden of proof is on the Sotah.   4. Even though Rebbi Eliezer holds that an Akarah and Zekeinah may drink the Mei Sotah since the husband can keep her and marry another wife however he agrees that an Ailonis does not drink the Mei Sotah.

BRIEF INSIGHT AN OVERES AL DAS   The Gemara says that an Overes Al Das requires a warning before she loses her Kesuvah because the Mishnah says that Beis Din is Mekanei the wife of a deaf mute or a Shoteh in order to cause her to lose her Kesuvah and if an Overes Al Das did not need a warning she would lose her Kesuvah even without the Kinuy of Beis Din. The Tosfos Shantz asks that not every Sotah is Overes Al Das; the Setirah of a Sotah is not necessarily an Isur Yichud because if there is an open door to the Reshus ha'Rabim it is not regarded as Yichud, however it would be regarded as a Setirah for a Sotah. The Tosfos Shantz answers that Beis Din is only Mekanei the wife of a Cheresh or Shoteh if she is Overes Al Das. QUICK HALACHAH MECHILAH ON A KINUY   A husband who is Mochel his Kinuy prior to the Setirah it is a valid Kinuy and it is as if he was never Mekanei her, but if he was Mochel the Kinuy after the Setirah it is not a Mechilah. If he divorces her it is regarded as a Mechilah and if he remarries her he must be Mekanei her again. (Rambam Hilchos Sotah 1:7)

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