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.

1)

(a)What distinction does our Mishnah draw between a 'ha'Omeres Teme'ah Ani Lach, veshe'Ba'u Lah Edim she'Hi Teme'ah, veha'Omeres Eini Shosah' on the one hand; and 'Amar Ba'alah Eini Mashkeh, veshe'Ba'alah Ba Alehah ba'Derech', on the other?

(b)Why the difference?

1)

(a)Our Mishnah rules that - on the one hand, 'ha'Omeres Teme'ah Ani Lach, veshe'Ba'u Lah Edim she'Hi Teme'ah, veha'Omeres Eini Shosah', neither drink nor receive their Kesuvah, whereas on the other - 'Amar Ba'alah Eini Mashkeh, veshe'Ba'alah Ba Alehah ba'Derech' do not drink, but do receive their Kesuvah.

(b)The reason for the difference is - because whereas in the first group it is the woman who prevents herself from drinking, in the second, it is her husband.

2)

(a)According to Beis Shamai, in the event that the Sotah's husband dies before she has managed to bring the Mei Sotah, she receives her Kesuvah and does not drink. What do Beis Hillel mean when they say 'O Shosos O Lo Notlos Kesuvah'?

(b)Why is a woman whose husband died no longer obligated to drink?

(c)According to Rebbi Meir, a pregnant or feeding woman whose husband married her without waiting the required time-period, who then becomes a Sotah, neither drinks nor does she receive her Kesuvah. Why does she not drink?

(d)On what grounds do the Chachamim require her to drink?

2)

(a)According to Beis Shamai, in the event that the Sotah's husband dies before she has managed to bring the Mei Sotah, she receives her Kesuvah and does not drink. When Beis Hillel say 'O Shosos O Lo Notlos Kesuvah' - they mean that she either drinks or she will not receive her Kesuvah.

(b)A woman whose husband died is no longer obligated to drink - because the Torah writes "V'Heivi ha'Ish Es Ishto", and if this is not possible, then she does not drink.

(c)According to Rebbi Meir, a pregnant or feeding woman whose husband married her without waiting the required time-period, who then becomes a Sotah, does not receive her Kesuvah; nor does she drink - because her is forbidden to remain with her (in which case she does not drink, as we learned earlier).

(d)The Chachamim nevertheless require her to drink - because even though he cannot remain with her now, it is possible for them to separate now, and to remarry later (in which case she is considered 'fit for him').

3)

(a)According to the Chachamim, an Ailonis, an old woman and one who cannot have children, neither drink not receive their Kesuvah. What is meant by a woman who cannot have children?

(b)On what grounds does Rebbi Eliezer require these women to drink?

(c)Why must we establish 'Eshes Saris Shoseh', by a man who became a Saris only after the marriage?

3)

(a)According to the Chachamim, an Ailonis, an old woman and one who cannot have children, neither drink not receive their Kesuvah. A woman who cannot have children - refers to a woman who drank a potion that causes her to become sterile.

(b)Rebbi Eliezer requires these women to drink - because, unlike a woman who is forbidden to him, he can marry a second wife and still remain with her.

(c)'Eshes Saris Shoseh' must be speaking about a man who became a Saris only after the marriage - because the Mei Sotah will only take effect if her husband was intimate with her before the adulterer.

4)

(a)What does the Mishnah say about a woman become a Sotah if the man she secludes herself with is a close relative?

(b)What do we learn from the Pasuk "ve'Shachav Ish Osach"?

4)

(a)The Mishnah rules that even if the man she secludes herself with is a close relative - the woman becomes a Sotah.

(b)We learn from the Pasuk "v'Shachav Ish Osach" - that if she secludes herself with a Katan, she does not make her a Sotah.

5)

(a)What do the wife of a deaf or a demented man, and one whose husband is in jail have in common?

(b)What are the ramifications of their warning? Will they later make her drink the Mei Sotah?

(c)Why, in the latter case, can the husband not subsequently make her drink the Mei Sotah when he goes free?

(d)On what basis does Rebbi Yosi disagree?

5)

(a)The wife of a deaf or a demented man, and one whose husband is in jail have in common - the fact that if Beis-Din have reason to suspect her of misconduct, they warn her in place of her husband.

(b)The ramifications of their warning are - that she loses her Kesuvah. They cannot make her drink the Mei Sotah - because of the Pasuk "V'Heivi ha'Ish Es Ishto".

(c)Neither, in the latter case, can the husband subsequently make her drink the Mei Sotah when he goes free - because the Torah writes "V'Kinei ... V'Heivi" (from which the Chachamim derive that the one who warns must bring her to drink).

(d)Rebbi Yosi disagrees - because he does not hold of the Derashah "v'Kinei ... v'Heivi".

6)

(a)What does the Beraisa learn from the Pasuk in Naso "Daber el Bnei Yisrael ve'Amarta Aleihem" (regarding an Arusah and a Shomeres Yavam)?

(b)Rebbi Yoshiyah precludes an Arusah from the Pasuk "Tachas Ishech". What does he include from "Ish Ish"?

(c)Why does he prefer to include a Shomeres Yavam and exclude an Arusah (rather than vice-versa)?

6)

(a)The Beraisa learns from the Pasuk "Daber el Bnei Yisrael v'Amarta Aleihem" - that even though an Arusah and a Shomeres Yavam are exempt from drinking, they are nevertheless subject to 'Kinuy', which should they contravene, will render them forbidden to their husbands and cause them to lose their Kesuvos.

(b)Rebbi Yoshiyah precludes an Arusah from the Pasuk "Tachas Ishech" - but includes a Shomeres Yavam from "Ish Ish".

(c)He prefer to include a Shomeres Yavam and exclude an Arusah (rather than vice-versa) - because she is considered his wife, and does not require Chupah.

7)

(a)Rebbi Yonasan precludes a Shomeres Yavam from "Tachas Ishech". What does he preclude from "Asher Tisteh Ishah "Tachas Ishah"?

(b)We just explained why Rebbi Yoshiyah precludes an Arusah rather than a Shomeres Yavam. On what basis does Rebbi Yonasan preclude first a Shomeres Yavam (and only then an Arusah)?

(c)Who then, is the author of our Mishnah, which precludes both an Arusah and a Shomeres Yavam from drinking?

(d)Which three cases does Rebbi Yonasan then include from "Ish Ish"?

7)

(a)Rebbi Yonasan precludes a Shomeres Yavam from "Tachas Ishech". From "Asher Tisteh Ishah "Tachas Ishah" - he precludes an Arusah.

(b)We just explained why Rebbi Yoshiyah precludes an Arusah rather than a Shomeres Yavam. Rebbi Yonasan precludes first a Shomeres Yavam (and only then an Arusah) - because the Arusah is his own betrothed, and not somebody else's (like a Yevamah).

(c)The author of our Mishnah, which precludes both an Arusah and a Shomeres Yavam from drinking - must be Rebbi Yonasan.

(d)From "Ish Ish" - Rebbi Yonasan includes in the Din of Sotah the wife of a Cheresh, of a Shotah and of someone who is demented.

24b----------------------------------------24b

8)

(a)What does Rebbi Yoshiyah learn from "Tachas Ishah"?

(b)What do we learn from the Pasuk in Naso "Mibal'adei Ishech"?

(c)In that case, why do we need a Pasuk to preclude an Arusah from drinking? Why can we not preclude her anyway, because the adulterer was intimate with her before her husband was?

8)

(a)Rebbi Yoshiyah learns from "Tachas Ishah" - that we compare a man to a woman and vice-versa (as will be explained later).

(b)We learn from the Pasuk "Mibal'adei Ishech" - that the Mei Sotah will not take effect if she was intimate with the adulterer before having been intimate with her husband.

(c)We nevertheless need a Pasuk to preclude an Arusah from drinking (and cannot preclude it anyway, because the adulterer was intimate with her before her husband was) - because the Pasuk will speak when the Arus was intimate with the Arusah before the marriage (as sometimes happened in Yehudah).

9)

(a)We just established the Derashah that precludes an Arusah by an Arus who was intimate with his Arusah before their marriage. What is the problem with establishing a Shomeres Yavam in the same way?

(b)We resolve this problem by restricting it to the opinion of Rav. What does Rav say with regard to a Yavam who has relations with the Yevamah without intending to perform Yibum with her?

(c)So like whom do we establish the Derashah?

(d)Does this mean that ...

1. ... Rav follows the opinion of Rebbi Yoshiyah (who holds that a Shomeres Yavam drinks)?

2. ... Shmuel follows the opinion of Rebbi Yonasan (who holds that she does not)?

9)

(a)We just established the Derashah that precludes an Arusah by an Arus who was intimate with his Arusah before their marriage. The problem with establishing a Shomeres Yavam in the same way is - that if the Yavam was intimate with her any time after the death of her husband, he acquires her (in which case the Tana would not refer to her as a Shomeres Yavam).

(b)We resolve this problem by restricting it to the opinion of Rav, who says - that a Yavam who has relations with the Yevamah without intending to perform Yibum with her, nevertheless acquires her as effectively as if he had performed Yibum with her.

(c)We therefore establish the Derashah ' like Shmuel, who maintains that he only acquires her with regard to the things mentioned in the Parshah (to inherit his deceased brother and that he may only release her with a Get), but not to make her a full-fledged wife (explaining why the Tana nevertheless refers to her as a Shomeres Yavam).

(d)This does not mean that ...

1. ... Rav follows the opinion of Rebbi Yoshiyah (who holds that a Shomeres Yavam drinks) - because even Rebbi Yonasan will agree that she is considered his wife; otherwise, the Torah would not have found it necessary to preclude her.

2. ... Shmuel follows the opinion of Rebbi Yonasan (who holds that she does not) - because even Rebbi Yoshiyah will agree that she is not considered his wife; otherwise the Torah would not have needed to include her.

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