WOMEN WHO DO NOT DRINK (cont.)
(Continuation of Mishnah): The following do not drink or receive a Kesuvah: a woman who admits that she sinned, or if witnesses testified that she sinned, or she refuses to drink;
If her husband does not want her to drink, or if he had Bi'ah with her after the seclusion, she receives her Kesuvah but does not drink;
Beis Shamai say, if her husband died before she drank, she receives her Kesuvah but does not drink;
Beis Hillel say, either she drinks, or she does not get a Kesuvah.
R. Meir says, if a man married Me'uberes Chaveiro or Meinekes Chaveiro (a woman pregnant with or nursing a baby from another man), she does not drink nor receive a Kesuvah;
Chachamim say, he can separate from her and remarry her (after the nursing period ends. Since she could be married to him later, she may drink.)
If a woman is an Ailonis (she does not develop like a normal female), too old to have children, or unable to have children, she does not drink nor receive a Kesuvah;
R. Eliezer says, her husband can fulfill the Mitzvah of having children through another wife. (Since she could remain with him, she may drink.)
All other women either drink or do not get a Kesuvah.
A Kohen's wife drinks, and is permitted to her husband;
The wife of a Seris may drink. (Rashi Sof 26a - we refer to one who does not develop like a normal male. It cannot be someone castrated, for he may not remain married. Rashi here is a misprint - Maharsha 26a.)
A husband can warn his wife not to be secluded with any Ervah (forbidden relationship), except for a child or one who is not a man.
Beis Din can warn the wife of a man that became deaf, or insane, or was imprisoned;
She may not drink. She is warned, so that if she is secluded, she forfeits her Kesuvah.
R. Yosi says, when her husband is released from jail, he can make her drink.
A SHOMERES YAVAM AND AN ARUSAH
(Gemara) Inference: The Mishnah says that an Arusah and a Shomeres Yavam do not drink. This implies that they can be warned.
Question: What is the source of this?
Answer (Beraisa): "Speak to Bnei Yisrael and say" - this is extra, to teach that one may warn an Arusah or a Shomeres Yavam.
Our Mishnah is like R. Yonasan:
(Beraisa - R. Yoshiyah): "Under your husband" excludes an Arusah;
Suggestion: Perhaps even a Shomeres Yavam is excluded!
Rejection: "Ish Ish (a man, a man)" includes her.
R. Yonasan says, "Under your husband" excludes a Shomeres Yavam;
Suggestion: Perhaps an Arusah drinks!
Rejection: "That will stray under her husband" excludes her.
R. Yonasan holds that an Arusah is closer to being fully married (and if there were only one verse to exclude, we would say that she drinks, but a Shomeres Yavam does not), because her husband married her himself, and a stranger who has Bi'ah with her is killed;
R. Yoshiyah holds that a Shomeres Yavam is closer to being fully married (and therefore she drinks, but an Arusah does not) because the Yavam can marry her (do Yibum) against her will, i.e. she need not agree to Chupah.
Question: What does R. Yonasan learn from "Ish Ish"?
Answer: This includes the wife of a deaf man, a lunatic, or a man stricken with bewilderment.
Question: What does R. Yoshiyah learn from "under your husband"?
Answer: This equates the Sotah to her husband (i.e. just like a blind man cannot make his wife drink, a blind woman cannot drink).
Question: Why do we need verses to teach that an Arusah and a Shomeres Yavam do not drink? Another source teaches this!
(Rav Acha bar Chanina - Beraisa): "Other than your husband" - she drinks only if she had Bi'ah with her husband before the seclusion.
Answer (Rami bar Chama): We need to exclude an Arusah who had Bi'ah with her husband during Kidushin.
Question: The corresponding case of a Shomeres Yavam would be that she had Bi'ah with the Yavam after she was widowed. If so, she is fully married. She would not be called a Shomeres Yavam!
(Rav): (If a Yavam had Bi'ah with his Yevamah, but did not complete the Bi'ah, or did not intend for Yibum,) she becomes his full wife in all respects;
Answer: We can answer according to Shmuel, who says that she is acquired only regarding what is written in the Parshah of Yibum (exemption from Chalitzah and inheritance).
Suggestion: Rav holds like R. Yoshiyah, and Shmuel like R. Yonasan.
Rejection #1: Rav can even hold like R. Yonasan;
R. Yonasan needed a verse to teach that a Shomeres Yavam does not drink. Without the verse, we would have considered her like a full wife, and she would drink!