REVACH L'DAF
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12th CYCLE DEDICATION
SOTAH 23-25 - 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. |
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SUMMARY
A widow married to a Kohen Gadol or a divorcee or Chalutzah married to a Kohen does not drink the Mei Sotah and does not receive a Kesuvah. (1)
A Mamzeres or a Nesinah married to a Yisrael or a Bas Yisrael married to a Mamzer or Nasin does not drink the Mei Sotah and does not receive a Kesuvah.
If the Sotah admits that she is Teme'ah, or if witnesses testify that she is Teme'ah, or if she refuses to drink she does not drink the Mei Sotah and does not receive a Kesuvah.
If the husband refuses to give her to drink or if he had relations with her on the way she does not drink the Mei Sotah but she receives her Kesuvah. (2)
If the husband dies before the Sotah drank the Mei Sotah according to Beis Shamai she receives her Kesuvah but Beis Hillel argues.
Rebbi Meir says that a Sotah who married her husband when she was pregnant or nursing from a previous marriage does not drink the Mei Sotah and does not receive a Kesuvah. (3)
The Chachamim hold that the pregnant or nursing woman may drink the Mei Sotah because he may remarry her when the child is two years old.
The Tana Kama says that a Sotah who is an Ailonis, or she is old, or otherwise infertile does not drink the Mei Sotah and does not receive a Kesuvah. (4)
Rebbi Eliezer says that even though she is infertile she drinks the Mei Sotah because her husband may keep her and marry a second wife who is fertile.
The wife of a Kohen may drink the Mei Sotah and if she survives she is permitted to her husband.
The wife of a Saris may drink the Mei Sotah.
If the husband is Mekanei his wife for one of her relatives it is a Kinuy but if he is Mekanei for a Katan it is not a Kinuy.
Beis Din is Mekanei the wife of somebody who is a deaf mute, or a Shoteh or if he is locked up in jail, however she may not drink the Mei Sotah. (5)
Rebbi Yosi says that if Beis Din is Mekanei her when the husband is locked up he may give her to drink when he is released.
Although an Arusah and Shomeres Yavam do not drink the Mei Sotah her husband may be Mekanei her. (6)
An Arusah who is Mezaneh is Chayav Sekilah, but a Shomeres Yavam who is Mezaneh is not Chayav Misah.
A Sotah only drinks the Mei Sotah if she had relations with her husband prior to her relations with the Bo'el.
Rav holds that if the Yavam is Bo'el the Yevamah b'Znus it is a complete Yibum with respect to all of the Dinim.
Shmuel holds that it is only a Yibum with respect to the Dinim mentioned in the Parshah of Yibum. (7)
A BIT MORE
1. If they underwent Kinuy and Setirah they lose their Kesuvos, however they do not drink the Mei Sotah since they are in any case forbidden to their husbands.
2. Since he is the cause that she cannot drink the Mei Sotah he must pay her the Kesuvah.
3. It is forbidden to marry a woman who is pregnant or nursing until the child is two years old and Rebbi Meir holds that if someone does marry her he must divorce her and he may never remarry her.
4. She does not drink the Mei Sotah because she is forbidden to her husband if he has not yet fulfilled the Mitzvah of Peru u'Rvu.
5. The purpose of the Kinuy is to cause her to lose her Kesuvah.
6. Rebbi Yoshiyah holds that a Shomeres Yavam may drink the Mei Sotah but Rebbi Yonasan holds that she does not drink the Mei Sotah.
7. It is only a Yibum so that he can divorce her with a Get and no Chalitzah is needed and that he inherits his deceased brother, however with regard to Terumah and Tum'ah, if he is a Kohen and giving her to drink from the Mei Sotah it is not regarded as a Yibum.
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BRIEF INSIGHT
MEI SOTAH FOR A CHALUTZAH
A widow married to a Kohen Gadol or a divorcee or Chalutzah married to a Kohen does not drink the Mei Sotah but does not receive a Kesuvah. The Tosfos Yom Tov says that although a Chalutzah is only forbidden to a Kohen mid'Rabanan the Chachamim have the right to uproot a Mitzvah in the Torah if it does not require an act and therefore they uprooted the Mitzvah of the Mei Sotah and they do not allow a Chalitzah to drink since she is forbidden to her husband mid'Rabanan. The Rashash says however that it is not regarded as uprooting the Mitzvah since the Mitzvah of drinking the Mei Sotah is not obligatory and if the husband does not want his wife to drink the Mei Sotah it is his choice and she is not given to drink.
QUICK HALACHAH
AN INFERTILE SOTAH
Someone who does not have a wife who is fertile and does not yet have children and is married to an Akarah, or an old woman, or an Ailonis she does not drink and does not receive a Kesuvah. If the husband has children or another wife who is fertile, he gives his wife to drink, even though she is infertile, because that which the Torah states that if she is innocent she will conceive is referring to a fertile woman who will now give birth with less pain if childbirth was originally painful for her, or will now give birth to a male if she originally gave birth to females. (Rambam Hilchos Sotah 2:10)
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