Sotah - Daf 23
- Cases where the minchas sotah is burned
The next Mishnah states: ואלו שמנחותיהן נשרפות – And these are [the sotahs] whose menachos are burned: האומרת טמאה אני לך – One who says, “I am defiled to you” (i.e., she admits her guilt), ושבאו לה עדים שהיא טמאה – and one about whom witnesses came and testified that she is defiled,והאומרת איני שותה – and one who says, “I will not drink,” ושבעלה אינו רוצה להשקותה – and one whose husband does not want to give her to drink, ושבעלה בא עליה בדרך – and one whose husband had relations with her on the way, invalidating her for the procedure, וכל הנשואות לכהנים – and anyone married to Kohanim, מנחותיהן נשרפות – their menachos are burned. This last case refers to the rule that every valid minchah of a Kohen’s wife (not only that of a sotah) must be burned entirely and not eaten. The other five cases refer to invalidated menachos that cannot be offered.
- What is done with the minchah of a non-Kohenes married to a Kohen
A Baraisa explains why the minchah of a non-Kohenes married to a Kohen is entirely burned: אין מנחתה נאכלת מפני שיש לו חלק בה – her minchah cannot be eaten, because [her husband, a Kohen,] has a share in it (since he funds her minchah), ואינה עולה כליל מפני שיש לה חלק בה – and it is not completely offered on the mizbayach (i.e., without kemitzah, as a Kohen’s minchah is), because she [a non-Kohenes] has a share in it (since it is her minchah). אלא הקומץ קרב בעצמו והשירים קריבין בעצמן – Rather, the kometz is offered by itself and the remainder is brought by itself. The Gemara asks that it should be prohibited to offer the remnants on the mizbayach, because of the principle כל שהוא ממנו לאישים הרי הוא בבל תקטירו – anything that a part of it is brought on the mizbayach, [the remnants] are prohibited to be burned on the mizbayach. Here, the remnants of the wife’s share (a non-Kohenes) would be forbidden to be burned. The Gemara ultimately answers: הקומץ קרב בעצמו – The kometz is offered by itself, והשירים מתפזרים על בית הדשן – and the remainder is scattered over the Place of Ashes (i.e., they are neither burned nor eaten).
- Arusah and shomeres yavam do not drink sotah waters nor receive their kesubah
The fourth Perek begins: ארוסה ושומרת יבם לא שותות ולא נוטלות כתובה – An arusah (a woman married with kiddushin but before nisuin) and a woman awaiting a yavam, do not drink [the sotah waters], nor do they receive their kesubah, because the Torah says: "אשר תשטה אשה תחת אישה" – when a woman will stray while under her husband, implying a full marriage status, פרט לארוסה ושומרת יבם – excluding an arusah and a shomeres yavam. The arusah forfeits her kesubah because her actions prohibited her to the husband (without the possibility of drinking to return to him). Rashi explains that a shomeres yavam, although she may not be prohibited to the yavam, forfeits her kesubah because the yavam can reasonably decline to marry such a woman. The Mishnah adds that for any union prohibited by a negative commandment, such as a widow to a Kohen Gadol, a divorcee or chalutzah (a woman who received chalitzah) to an ordinary Kohen, or a Yisroel marrying a mamzeres (or vice versa), the wife does not drink or receive her kesubah. Rashi explains that the sotah must be one who is otherwise fit to remain married.
