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


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Sotah 31

SOTAH 31-35 - 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) SERVING FROM LOVE AND FEAR

(a) (Mishnah): On that day R. Eliezer ben Hurkinus expounded that Iyov served ...
(b) Question: Why does the Tana consider 2 possible interpretations of the word "Lo" - if it is spelled with an Alef, it means 'No'; if it is spelled with a Vav, it means 'to him'!
1. Objection: That is not true! "In all their afflictions, Lo it grieves", and it is spelled with an Alef!
i. Suggestion: Perhaps it means, Hash-m is not grieved.
ii. Rejection: "An angel of His countenance saved them (in His love and mercy...)".
(c) Conclusion: Really, either way the word is spelled, it can have either meaning.
(d) (Beraisa - R. Meir): It says "G-d fearing" both by Iyov and by Avraham.
1. Just as Avraham's fear stemmed from love, also Iyov's.
(e) Question: How do we know that Avraham's fear stemmed from love?
(f) Answer: "Avraham, the one who loves Me".
(g) Question: What is the difference between one who serves from love and one who serves from fear?
(h) Answer (Beraisa - R. Shimon ben Elazar): One who serves from love is greater than one who serves from fear - the reward of the former extends to 2000 generations; of the latter, 1000;
1. "To thousands, to those that love Me and keep My Mitzvos"; "To those that keep My Mitzvos, to a thousand generations".
(i) Question: But the latter verse also speaks of those that serve from love - "To those that love Me and keep My Mitzvos, to a thousand generations"!
(j) Answer: "Thousands" is immediately followed by "to those that love Me"; "To those that keep My Mitzvos" is immediately followed by "to a thousand generations".
(k) 2 Talmidim or Rava had dreams. One was shown the verse "How great is the good stored away for those that fear You"; the other saw the verse "Will rejoice in You all that trust in You; forever will sing and exult in You, those that love Your name".
1. Rava: Both of you are total Tzadikim; the former serves from fear, the latter from love.
***** PEREK MI SHE'KINEI *****

2) WHEN A HUSBAND CANNOT MAKE HIS WIFE DRINK

(a) (Mishnah - R. Eliezer): A man warned his wife, and she was secluded. Even if he hears (of the seclusion) from a bird, he (either makes her drink or) must divorce her and pay her Kesuvah;
1. R. Yehoshua says, there is no need to divorce her, unless the women that weave in the moonlight are talking about her.
(b) If 1 witness testifies that she was defiled, she does not drink - even a male or female slave is believed, and she loses her Kesuvah;
(c) (The women suspected of hating her - ) her mother-in-law, her mother-in-law's daughter, her co-wife, her husband's brother's wife, or her husband's daughter (from a different wife) are believed, only to prevent her from drinking, but not to deprive her of her Kesuvah;
(d) There should be a Kal va'Chomer: the 1st testimony (that she was secluded) does not forbid her permanently, yet it requires 2 witnesses; testimony that she was defiled, which forbids her permanently, all the more so should require 2 witnesses;
1. "There is not a witness about her" - any testimony about her (prevents her from drinking).
(e) There should be a Kal va'Chomer to seclusion: the last testimony (that she was defiled) forbids her permanently, yet 1 witness suffices; testimony that she was secluded, which does not forbid her permanently, all the more so, 1 witness should suffice;
31b---------------------------------------31b

1. "He found in her a matter of incest"; it also says "according to 2 witnesses a matter will be established" - just as 2 witnesses are required there, also for seclusion.
(f) 1 witness says that she was defiled, 1 says that she was not; or, a woman says that the Sotah was defiled, another woman says that she was not - the Sotah drinks;
(g) 1 witness says that she was defiled, 2 say that she was not - she drinks;
(h) 2 say that she was defiled, 1 says that she was not - she does not drink.
3) 2 WITNESSES ARE NEEDED FOR SECLUSION
(a) (Gemara) Question: The Mishnah says that we learn that 2 witnesses are needed for seclusion from "He found in her a matter of incest" - but really, we learn from "(A witness) about her (defilement)" - and not a (lone) witness about her warning, and not a (lone) witness about her seclusion!
(b) Answer: Indeed, that is what the Tana means.
1. We learn from "About her (defilement)" - and not (a lone witness) about her warning, and not about her seclusion;
2. Question: How do we know that 1 witness is not believed about her adultery if there was no warning and seclusion?
3. Answer: It says here "A matter"; it also says "(According to 2 witnesses) a matter..." - just as 2 witnesses are required there, also for adultery.
(c) (Mishnah): 1 witness says that she was defiled ...
1. We infer, she drinks because a 2nd witness contradicted the 1st; but if there was a lone witness of adultery, he would be believed.
(d) Question: What is the source for this?
(e) Answer (Beraisa): "There is not a witness about her" - this means, there are not 2 witnesses about her.
1. Suggestion: Perhaps it means, there is not even 1 witness?
2. Rejection: "1 witness will not rise against a man" - 'witness' implies 1, why did the Torah have to say "1 witness"?
i. To teach that everywhere in the Torah, 'witness' refers to 2 witnesses, unless the Torah specifies 1.
(f) (Culmination of answer): The Torah said, there is not a (really, 2) witness(es) about her, rather 1 - and "She was not forced", she is forbidden.
(g) Question: Since 1 witness is believed mid'Oraisa that she is forbidden, how can the other witness contradict him?
1. But Ula taught, wherever the Torah believed 1 witness, he is believed as 2, and the other witness is not believed against 2!
(h) Answer #1 (Ula and R. Yitzchak): The Mishnah should say that she does not drink.
(i) (R. Chiya): She drinks.
1. Question: How does R. Chiya answer the above question?
2. Answer (This is a 2nd answer to question (g)): The Mishnah speaks when the witnesses testify together; Ula's law only applies when they come at different times.
(j) (Mishnah): 1 witness says that she was defiled, 2 say that she was not - she drinks.
1. Question: We infer, if only 1 witness said she is innocent, she would not drink - this refutes R. Chiya!
2. Counter-question (end of the Mishnah): 2 say that she was defiled, 1 says that she was not - she does not drink.
i. We infer, if only 1 witness said she was defiled, she would drink (this supports R. Chiya and refutes Ula)!
3. Answer: Both Ula and R. Chiya must explain that these last 2 clauses of the Mishnah speak of invalid witnesses, as R. Nechemyah.
(k) (Beraisa - R. Nechemyah): Wherever the Torah believed 1 witness, we follow the majority;
1. Version #1: 2 women that contradict a man are as 2 men that contradict a man (and they are believed).
2. Version #2: If a valid witness came first, even if 100 women later contradict him, they are only considered as 1 man (and they are not believed, since the valid witness was believed as 2).
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