Sotah - Daf 19
- The sotah’s minchah is waved by the Kohen and sotah together
The third Perek begins by describing the offering of the sotah’s minchah: היה נוטל את מנחתה מתוך כפיפה מצרית – [The husband] would take her minchah from the basket of palm twigs,ונותנה לתוך כלי שרת – and he places it in a kli shares, ונותנה על ידה – and places it in her hand,וכהן מניח ידו מתחתיה ומניפה – and the Kohen places his hand under hers and waves it with her. He then brings it to the southwest corner of the mizbayach, does kemitzah and burns it on the mizbayach, and the remainder is eaten by Kohanim. Rebbe Elazar said to the Rebbe Yoshiyah of his generation: לא תיתב אכרעך עד דמפרשת לה להא מילתא – Do not sit down until you explain this matter to me. מנין למנחת סוטה שטעונה תנופה – From where do we derive that a minchas sotah requires waving? The Gemara explains he was asking for the source that the owner of the minchah (i.e., the woman) must wave, in addition to the Kohen taught in the passuk. He answered that there is a gezeirah shavah linking sotah and shelamim (where it states that certain parts are waved by the owner), teaching that both the owner and the Kohen must wave together, both by minchas sotah and shelamim.
- The order of drinking vs. offering the minchah
In the Mishnah, the Tanna Kamma said: היה משקה ואחר כך מקריב את מנחתה – He would give her the sotah waters to drink and afterward offer her minchah. Rebbe Shimon said: מקריב את מנחתה ואח"כ היה משקה – He would offer her minchah and afterward give her to drink. Still, he said:אם השקה ואחר כך הקריב את מנחתה כשרה – If he gave her to drink and then offered her minchah, it is valid, although it is not the correct order in his opinion. The Gemara explains that their machlokes revolves around three phrases describing giving her to drink, the first two of which have opposing implications about the order vis-à-vis the minchah. They argue which of the two is teaching the order, and which teaches something else. In a Baraisa, Rebbe Akiva also takes Rebbe Shimon’s position that the minchah is offered before she is given to drink, but Rashi says he does not agree that it is valid if done in the wrong order.
- If the sotah is compelled to drink if she refuses
Rebbe Akiva taught: שאם נמחקה מגילה ואומרת איני שותה – If the scroll was erased and she says, “I am not drinking,” מערערין אותה ומשקין אותה בעל כרחה – we force her and make her drink against her will.
This contradicts his statement in another Baraisa, in which Rebbe Yehudah said we place an iron tool in her mouth to force her to drink, but Rebbe Akiva said: כלום אנו צריכין אלא לבודקה – Do we need anything but to test her? והלא בדוקה ועומדת – Why, she stands “tested” by refusing to drink, indicating her guilt! We see that Rebbe Akiva holds she is not forced to drink!? The Gemara points out an internal contradiction in the Baraisa, in which he says that she may retract until the minchah is brought, but not after, indicating we would force her at that point!? The Gemara explains: הא דקהדרא בה מחמת רתיתא – This last statement is where she retracts out of trembling (fear of the waters), והא דקהדרא בה מחמת בריותא – and this first statement is where she retracts out of defiance. When she retracts in defiance, it is tantamount to a confession of guilt (she planned to refuse all along), and she does not drink no matter when she retracted. When she retracts because she became afraid (and does not indicate an admission), we allow a retraction if the minchah was not offered (because the scroll was not yet erased, or was erased incorrectly), but after it is erased properly, we force her to drink.
