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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Sotah 24

SOTAH 21-25 - These Dafim have been dedicated by Mrs. Estanne Abraham-Fauer in honor of the first Yahrzeit (18 Teves 5761) of her father, Reb Mordechai ben Eliezer Zvi (Weiner). May the merit of supporting and advancing the study of the Talmud be l'Iluy Nishmaso.

1) WOMEN WHO DO NOT DRINK

(a) A woman who admits that she is guilty, or that witnesses testify to her guilt, or refuses to drink - she does not drink nor receive a Kesuvah;
(b) If her husband does not want her to drink, or if he had relations with her after the seclusion - she receives her Kesuvah but does not drink;
(c) If her husband died before she drank - Beis Shamai say, she receives her Kesuvah but does not drink; Beis Hillel say, she either drinks or does not get a Kesuvah;
(d) A widowed or divorced woman that was pregnant or nursing, and remarried - R. Meir says, she does not drink nor receive a Kesuvah;
1. Chachamim say, he can separate from her and remarry her (after the nursing period ends).
(e) An Ailonis (a woman that does not develop as a normal female), a woman too old to have children, or a woman that is not fit to have children - she does not drink nor receive a Kesuvah;
1. R. Eliezer says, her husband can fulfill the Mitzvah of having children through another wife (therefore, she is fit to remain with him, so she may drink).
(f) All other women either drink or do not get a Kesuvah.
(g) A Kohen's wife drinks, and is permitted to her husband;
(h) The wife of a Seris (a eunuch) may drink;
(i) A husband can warn his wife not to be secluded with any forbidden relation, except for a child or one that is not a (hu)man;
(j) Beis Din can warn the wife of a man that became deaf, or insane, or was imprisoned;
1. She may not drink; she is warned, so that if she is secluded, she forfeits her Kesuvah.
2. R. Yosi says, when her husband is released from jail, he can make her drink.
2) A SHOMERES YAVAM AND AN ENGAGED WIFE
(a) Question: (The Mishnah says that a Shomeres Yavam and an engaged wife) do not drink - we infer, they can be warned - what is the source of this?
(b) Answer (Beraisa): "Speak to Bnei Yisrael and say to them" - the extra word comes to say that one may warn a Shomeres Yavam and an engaged wife.
1. Our Mishnah is as R. Yonason.
2. (Beraisa - R. Yoshiyah): "Under your husband" - to exclude an engaged wife;
i. One might have thought, even a Shomeres Yavam is excluded - "A man, a man" includes her.
3. R. Yonason says "Under your husband" excludes a Shomeres Yavam;
i. One might have thought, an engaged wife drinks - "That will stray under her husband" excludes her.
(c) R. Yonason holds that an engaged wife is closer to being fully married (and if there was only one verse coming to exclude, we would say that she drinks, but a Shomeres Yavam does not), because her husband married her himself, and a stranger that has relations with her is stoned;
1. R. Yoshiyah holds that a Shomeres Yavam is closer to being fully married (and therefore she drinks, but an engaged wife does not) because the Yavam can forcibly marry her, i.e. he does not need her to agree to Chupah.
(d) Question: What does R. Yonason learn from "A man, a man"?
(e) Answer: This includes the wife of a deaf man, a lunatic, or a man stricken with bewilderment.
24b---------------------------------------24b

(f) Question: What does R. Yoshiyah learn from "Under your husband"?
(g) Answer: This comes to equate the Sotah and her husband (i.e. just as a blind man cannot make his wife drink, a blind woman cannot drink).
(h) Question: Why are verses needed to teach that an engaged wife and a Shomeres Yavam do not drink - we have another source teaching this!
1. (Rav Acha bar Chanina - Beraisa): "Other than your husband" - she only drinks if she had relations with her husband before the seclusion.
(i) Answer (Rami bar Chama): We need to exclude an engaged wife that had relations with her husband during engagement.
(j) Question: The corresponding case of a Shomeres Yavam would be that she had relations with the Yavam after being widowed - but if so, she is fully married, she would not be called a Shomeres Yavam!
1. (Rav): (A Yavam that had relations with his Yevamah, but did not complete the marital act, or did not intend for Yibum) - she becomes his full wife in all respects;
(k) Answer: We can answer according to Shmuel, who says that she is only acquired regarding what is written in the Parsha of Yibum.
(l) Suggestion: Rav holds as R. Yoshiyah, and Shmuel as R. Yonason.
(m) Rejection #1: Rav can even hold as R. Yonason.
1. R. Yonason needed a verse to teach that a Shomeres Yavam does not drink - without the verse, we would have considered her as a full wife, and she would drink!
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