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1) WHICH WOMEN DRINK

(a) If he married her when she was pregnant with or nursing a baby from another man - R. Meir says, she does not drink and does not get her Kesuvah;

1. R. Meir holds, a man may not marry a woman who is pregnant with or nursing a baby from another man; if he did marry her, he must divorce her and may never remarry her;
2. Chachamim say, he may not marry her; if he did, he must divorce her; when the 2 years of nursing finish, he may remarry her.

(b) Also, if a childless bachelor married a sterile woman or one too old to have children, she does not drink and does not get her Kesuvah;

1. R. Eliezer says, he can marry another woman, and fulfill the Mitzvah of having children through his 2nd wife (therefore, he is fit to keep his 1st wife, and she may drink).

(c) One who warns his engaged wife or Shomeres Yavam, and she went into seclusion after he fully married her - she drinks, or forfeits her Kesuvah;
(d) One who marries a woman pregnant with or nursing his baby - she drinks, or forfeits her Kesuvah;
(e) A young man who married a sterile woman or one too old to have children, and he has children or a 2nd wife who can have children, she drinks or forfeits her Kesuvah;
(f) A woman who is married (legally) to a Mamzer, Nesin, convert or freed slave; or an Ailonis, she drinks or forfeits her Kesuvah.

1. We see that an Ailonis may drink - this refutes Rav Nachman.

(g) Answer: Rav Nachman holds like a different Tana.

1. (Beraisa - R. Shimon ben Elazar): An Ailonis does not drink, nor receive her Kesuvah;

i. We learn this from "She will be vindicated, and bear seed" - to exclude an Ailonis, who cannot bear seed.

(h) Question: What do Chachamim (i.e. the Tana of the previous Beraisa) learn from that verse?
(i) Answer (Beraisa - R. Akiva): "She will be vindicated, and bear seed" - if she was sterile, she will bear children;

1. R. Yishmael: If so, sterile women will (provoke their husbands to warn them and) seclude themselves, in order to have children!

i. Is it fair that a sterile women that is too modest to do this will not bear children?!

2. Rather, the verse teaches that if she used to give birth in pain - she will give birth easily; if she used to bear daughters - she will bear sons; if she used to bear short babies - she will bear tall ones; if she bore babies with a dark complexion - she will bear babies with a light complexion.

(a) (Mishnah): The wife of a Mamzer ...
(b) Objection: This is obvious - why shouldn't she drink?
(c) Answer: One might have thought, the Torah does not want her to become permitted to her husband and bear more Mamzerim - we hear, this is not so.
(d) (Mishnah): The wife of a convert or freed slave ...
(e) Objection: This is obvious - why shouldn't she drink?
(f) Answer: One might have thought, "Speak to Benei Yisrael" - and not to converts; we hear, this is not so.

1. Question: Why don't we expound thusly?
2. Answer: "And say (to them)" includes converts.

(g) (Mishnah): The wife of a Kohen drinks ...
(h) Objection: This is obvious - why shouldn't she drink?
(i) Answer: It says "She was not forced, she is forbidden" - we infer, if she was raped, she is permitted;

1. Since a Kohen's wife is forbidden even if she was raped, one might have thought that she does not drink - we hear, this is not so.

(j) (Mishnah): (After drinking) she is permitted to her husband.
(k) Objection: This is obvious!
(l) Answer (Rav Huna): The Mishnah teaches about a woman that deteriorates after drinking.
(m) Question: If so, this shows that she is guilty!
(n) Answer: Her limbs deteriorate, but not as those of a guilty Sotah.

1. One might have thought, she was defiled; she is not dying as a normal guilty Sotah because she was raped.

i. If her husband is a Kohen, we would say that she is forbidden - we hear, this is not so.

(o) (Mishnah): The wife of a Seris drinks.
(p) Objection: This is obvious!
(q) Answer: One might have thought, "(If a man had relations with you) other than your husband" - since her husband cannot have relations with her, she is excluded from the Parsha - we hear, this is not so.

(a) (Mishnah): She may be warned from secluding herself with all of the forbidden relatives ...
(b) Objection: This is obvious!

(c) Answer: "She was defiled, she was defiled" - this teaches she becomes forbidden to her husband and the adulterer.

1. One might have thought, the Parsha only applies when she was permitted to the adulterer before the adultery - we hear, this is not so.

(d) (Mishnah): Except for a child ...

1. The Torah says "A man", to exclude a child.

(e) Question: What does the Mishnah mean, '(except for) one that is not a man'?

1. Suggestion: A Shachuf (a man that cannot have proper relations).
2. Rejection: But Shmuel taught, one can warn from a Shachuf, and a Shachuf disqualifies a woman from Terumah (as a normal man forbidden to her)!
3. Question: Why did Shmuel have to teach that one can warn from a Shachuf - this is obvious!
4. Answer: "A man lied with you, (and emitted) semen" - one might have thought, this excludes a Shachuf, who is incapable of this - we hear, this is not so.
5. Question: Why did Shmuel have to teach that a Shachuf disqualifies a woman from Kehunah - this is obvious!
6. Answer: "He will not profane his seed" (this also teaches that he disqualifies the woman from Terumah) - one might have thought, only a man that can have seed can profane a woman - we hear, this is not so.

(f) Answer #1: Rather, it excludes a Nochri.

1. Objection: But Rav Hamnuna taught, one can warn from a Nochri, and a Nochri disqualifies a woman from Terumah!
2. Question: Why did Rav Hamnuna have to teach that one can warn from a Nochri - this is obvious!
3. Answer: "She was defiled, she was defiled" - this teaches she becomes forbidden to her husband and the adulterer.

i. One might have thought, this excludes a Nochri, who was forbidden to her before the adultery - we hear, this is not so.

4. Question: Why did Rav Hamnuna have to teach that a Nochri disqualifies a woman from Terumah - this is obvious!
5. Answer: "When a Bas Kohen Tiheyeh (will be) to a non-Kohen (she may not eat Terumah)" - one might have thought, this only applies to a man that can have Havayah (engagement); we hear, this is not so, as R. Yochanan taught.

i. (R. Yochanan): A Nochri or slave that had relations with a Bas Kohen, Bas Levi, or Bas Yisrael disqualifies her from Kehunah - "When a Bas Kohen will be a widow or divorcee (she may again eat Terumah)";
ii. This only applies when she was married to a Yisrael, from whom she can be widowed or divorced (but if she was with a Nochri or slave, she is permanently forbidden to Kehunah).

(g) (Same) Question: What does the Mishnah exclude by '(except for) one that is not a man'?
(h) Answer #2 (Rav Papa): An animal, for bestiality is not considered Zenus (illicit relations).
(i) (Rava from Parzakiya): We learn this from "Do not bring (as a sacrifice, something given as) the hire of a harlot or the price of a dog."

1. (Beraisa): The hire of a (Rashi - harlot for a) dog and the price of a harlot may be brought - the verse concludes, "Both of them" - of the 4 possibilities, only the 2 mentioned are abominations.

(j) Question: (Shmuel taught that one may warn against a Shachuf (even though he cannot have proper relations - if so,) what does the Torah teach by "Semen"?
(k) Answer (Beraisa): "Semen" excludes something else.

1. Question: What is this something else?
2. Answer #1 (Rav Sheshes): If he warned her against unnatural relations.
3. Objection (Rava): But the Torah says "Mishkevei (plural) Ishah" (from which we learn that unnatural relations have the same law as normal relations)!
4. Answer #2 (Rava): If he warned her against intimacy through other parts of the body (i.e. lying next to her without relations).
5. Objection (Abaye): That is mere licentiousness - the Torah does not forbid a woman to her husband for that!
6. Answer #3 (Abaye): If he warned her against touching (of his genitals to hers).

i. This fits well according to the opinion that Ha'ara'ah (the first stage of relations, which are (in almost all cases) forbidden as full relations) is entrance of the crown.
ii. Question: According to the opinion that Ha'ara'ah is touching - of course, he can warn against this - what does the Mishnah exclude?

7. Answer #2 (Reinstated): Really, if he warned her against intimacy through other parts of the body.

i. One might have thought, warning depends on what disturbs the husband; if he is concerned for this, it is proper warning - we hear, this is not so.