12th CYCLE DEDICATION
SOTAH 26-28 - 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.

[26a - 45 lines; 26b - 50 lines]

1)[line 6]וכשיגיע זמנו לכנוסUCHESHE'YAGIA ZEMANO LICHNOS- and when the time comes when it will be permitted for him to marry her, i.e. twenty-four months after she gave birth

2)[line 13]והרובאROVEI- a young man, bachelor

3)[line 15]ממזרMAMZER

(a)There are prohibited marital relations that invalidate the ensuing offspring and render them Mamzerim. The Tana'im argue as to the nature of these prohibited relations. According to Rebbi Yehoshua, they must be relations that are punishable by Misas Beis Din. Rebbi Shimon ha'Timni rules that all relations that are punishable by Kares, even if they are not punishable by Misas Beis Din, produce a Mamzer. According to Rebbi Akiva, even relations that are prohibited by a Lav produce a Mamzer (Yevamos 49a). Other Tana'im argue regarding the opinion of Rebbi Akiva. There are those who assert that he rules that only relations prohibited by a Lav produce a Mamzer. Others hold that even those prohibited by an Aseh produce a Mamzer (except for a Kohen Gadol who has relations with a non-virgin - Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni, that only relations punishable by Kares produce a Mamzer (Yevamos ibid.).

(b)A Mamzer is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a Jewess of unsullied lineage, because of the doubt, or whether he is permitted mid'Oraisa to marry either of them, since he is not included in the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a, 74a).

4)[line 16]נתיןNESIN

(a)In the times of Yehoshua, the Giv'onim (members of the Chivi nation, one of the seven nations whom the Jewish People were commanded to destroy upon entering Eretz Yisrael) came and presented themselves before Yehoshua as if they came from a far-off land. Since they claimed not to be residents of Eretz Yisrael, they requested to be converted and to make peace with the Jewish People. After Yehoshua agreed to accept them, it was discovered that they were one of the seven prohibited nations. Having already accepted them, Yehoshua did not want to break his oath and covenant with them (even though they tricked him and the oath was uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them and appointed them to be woodchoppers and water drawers to supply the needs for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). In the times of Moshe Rabeinu, Giv'onim also came to be converted as they did in the times of Yehoshua, and Moshe also made them woodchoppers and water drawers (Yevamos 79a, based on Devarim 29:10). These people became known as "Nesinim" (from the root "Nasan," to give), since they were "given over" by Moshe and Yehoshua ("va'Yitenem..." - "And he appointed them..." (Yehoshua 9:27)) to perform the tasks of chopping wood and drawing water.

(b)A Nesin is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to whether they are prohibited mid'Oraisa or mid'Rabanan. We find that the Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the Nesinim of his generation, and Yehoshua extended the "decree" to last as long as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later extended the "decree" to include all time, even if the Beis ha'Mikdash would be destroyed (because of the trait of cruelty that the Nesinim exhibited, which showed that they were not worthy of uniting with the descendants of Avraham, Yitzchak, and Yakov). According to Rashi, these decrees were prohibitions against marriage, and as such the prohibition against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos, these decrees were appointments of servitude. The prohibition against marrying them, though, is mid'Oraisa, since the Torah commands against marrying the seven prohibited nations even if they convert to Judaism (Yevamos 76a).

5)[line 32]שחורים יולדת לבניםSHECHORIM YOLEDES LEVANIM- if in the past she had given birth to children with a dark complexion, from now on she would give birth to children with a light complexion

6)[line 33]אפושי פסולין לא ליפושAPUSHEI PESULIN LO LEIFUSH- we should not increase the number of children from an illegitimate ancestry

7)[line 42]במתנוונה דרך אבריםB'MISNAVNEH DERECH EIVARIM- if her head and limbs started to cause her pain and wither away (rather than the usual punishment for a Sotah in where her stomach and thighs wither and become bloated until she dies)

26b----------------------------------------26b

8)[line 6]שחוףSHACHUF- one who's flesh withers and dries out and who has no strength to produce offspring (see "Shachefes" - Vayikra 26:16)

9)[line 30]אין זנות בבהמהEIN ZENUS LI'VEHEMAH (ZONAH)

(a)A Zonah is generally defined as a woman who had relations with a man out of wedlock. However, the Tana'im argue about the exact definition of who is a Zonah.

1.Some say that a Zonah is any woman who is unable to have children, since it is not the manner for men to marry such a woman.

2.Some say that a Zonah is any woman who had relations with a man out of wedlock, i.e. without Kidushin, or, according to others, any woman who made herself available for all (without Kidushin).

3.Others say that the only woman who is considered a Zonah is an "Eshes Ish," a woman who committed adultery.

4.The Chachamim say that a Zonah is a woman who had relations with a man to whom she is prohibited (Yevamos 61b).

(b)The Halachah follows the Chachamim, who say that a Zonah is a woman (at least three years of age) who had relations with a man to whom she is prohibited. The Rishonim, though, argue about which Isur will make her into a Zonah.

1.A number of Rishonim maintain that a Zonah is only a woman who had relations with a man to whom she is prohibited with an Isur Kares or with a man with whom Kidushin cannot take effect (such as an Eved or a Nochri). A woman who had relations with a man to whom she is prohibited with only an Isur Lav is not considered a Zonah. (RA'AVAD, Hilchos Isurei Bi'ah 18:1; see also TOSFOS to Gitin 89a, DH Be'ulah, and MAHARSHA there.)

2.Others say that having relations with a man who is prohibited to her with any Isur, whether it is an Isur Kares or an Isur Lav, will make her into a Zonah. (RASHI to Yevamos 56b, 61b, and RAMBAM, Hilchos Isurei Bi'ah 18:1.)

(c)A woman who had relations with a man who is prohibited to her because of an Isur Kehunah (for example, an Almanah (widow) who had relations with a Kohen Gadol, and a Gerushah (divorcee) who had relations with a regular Kohen) becomes a Chalalah, but not a Zonah. She becomes prohibited from marrying a Kohen (Vayikra 21:7, 14) and from eating Terumah. A woman who has relations with a man who was not always prohibited to her (such as a "Machzir Gerushaso") does not become a Zonah and is permitted to marry a Kohen and to eat Terumah (Yevamos 69a).

(d)A convert is also prohibited to a Kohen because of the Isur of Zonah (Yevamos 61b). The Rishonim argue about the reason for this.

1.According to RASHI (ibid.) and the RA'AVAD (Hilchos Isurei Bi'ah 18:3), the reason is because she had relations with a Nochri or an Eved, with whom Kidushin cannot take effect (as mentioned above in b:1). Therefore, if she was less than three years old when she converted, she is not considered a Zonah and she is not prohibited to a Kohen because of the Isur of Zonah. However, she is prohibited because of a different verse (in Yechezkel) as taught in Kidushin 78a.

2.The RAMBAM (Hilchos Isurei Bi'ah 18:1, 3), though, says that any woman who was not born Jewish, whether she converted or not, whether she is less than three years old or older, is prohibited to a Kohen mid'Oraisa because of the Isur of Zonah.

10a)[line 33]אתנן זונהESNAN ZONAH

An animal given to a harlot for her wage may not be brought as a sacrifice, as stated in Devarim 23:19.

b)[line 33]ומחיר כלבU'MECHIR KELEV

An animal that had been exchanged for a dog may not be brought as a sacrifice, as stated in the same verse as above.

11)[line 40]לשקינא לה דרך אבריםL'SHE'KINEI LAH DERECH EIVARIM- fondling; intimacy through other parts of the body (i.e. lying next to him without relations)

12)[line 43]העראהHA'ARA'AH

Ha'ara'ah is a partial Be'ilah - according to various opinions, it involves no more than contact, or the beginning of a Be'ilah (Yevamos 55b). This Halachah is learned from the verse, "v'Ish Asher Yishkav Es Ishah Davah..." - "And if a man shall lie with a Nidah, and shall uncover her nakedness; he has made naked her fountain..." (Vayikra 20:18). The Torah uses the word He'erah (to make naked) to show that there is a Chiyuv for Ha'ara'ah alone.

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