Sotah - Daf 24
- Disputes about if certain women are considered “fit to be married” re: sotah
The Mishnah continues to discuss the eligibility of cases for the sotah waters: מעוברת חבירו ומניקת חבירו –The pregnant former wife of his friend, and the nursing former wife of his friend, do not drink according to Rebbe Meir, because there is a Rabbinic prohibition to marry either (lest she become pregnant while she is nursing the child), and she is not fit to be married to this husband. The Chachomim disagree:יכול הוא להפרישה ולהחזירה לאחר זמן – He can separate from her and take her back after the prescribed period of time, so she is fit to be married to this man. איילונית וזקינה ושאינה ראויה לילד – An aylonis (one who does not physically mature), an old woman, and a woman who cannot give birth do not drink according to the Tanna Kamma, because the husband must marry someone who can bear children (if he has not yet fulfilled his obligation). Rebbe Eliezer says:יכול הוא לישא אשה אחרת ולפרות ולרבות הימנה – He can marry another one in addition and be fruitful and multiply from her, so he may also remain married to this woman.
- Machlokes if shomeres yavam drinks as a sotah
The Gemara notes that our Mishnah, which teaches that both an arusah and shomeres yavam are not given to drink, reflects the view of Rebbe Yonasan. Rebbe Yoshiyah says: The words: "תחת אישך" – “under your husband,” " פרט לארוסה- exclude an arusah who is not fully under her husband’s jurisdiction. Because one may have thought to exclude even a shomeres yavam, therefore the Torah said,"איש איש" – “any man,” to include it. Rebbe Yonasan says: "תחת אישך" פרט לשומרת יבם – “from under your husband” excludes a shomeres yavam. אוציא שומרת יבם ולא אוציא את ארוסה – Perhaps I should exclude a shomeres yavam but not exclude an arusah, therefore the Torah writes another exclusion ,"אשר תשטה אשה תחת אישה" פרט לארוסה – “when a woman will stray from under her husband,” to exclude an arusah as well. The Gemara notes that besides for the practical machlokes about shomeres yavam, they also argue which case should be excluded first. Rebbe Yonasan first excludes shomeres yavam, because regarding an arusah, דקידושי דידיה וסוקלין על ידו – it is the arus’ own act of kiddushin that established the bond, (as opposed to the yavam’s brother), and they stone for adultery because of him. Rebbe Yoshiyah first excludes arusah, because a shomeres yavam can be acquired with any relations, even not for the purpose of marriage.
- קדמה שכיבת בעל לבועל in the cases of arusah and shomeres yavam
The Gemara asks, why a pasuk is needed to exclude an arusah and shomeres yavam from the law of sotah? But there is a principle taught by a Baraisa: "מבלעדי אישך" – “other than your husband,” which teaches משקדמה שכיבת בעל לבועל – only when the husband’s relations with her preceded the adulterer’s, ולא שקדמה שכיבת בועל לבעל – and not when the adulterer’s relations preceded the husband’s. An arusah has not yet had relations with her husband, so how could she possibly be a valid sotah? Rami bar Chama answers: כגון שבא עליה ארוס בבית אביה – in a case where the arus had relations with her at her father’s home, which do not effect nisuin. The Gemara persists that in the parallel case of shomeres yavam, if she had relations with the yavam while at her father’s home, she would be a full-fledged wife (and a valid sotah), because Rav said, about a yevamah who had relations not for the intent of yibum: קנה לכל – he acquired her for all matters. The Gemara answers that it follows the opinion of Shmuel, who said about this case: לא קנה אלא לדברים האמורים בפרשה – he only acquired her for the matters written in the section about yibum, and she is not a full-fledged wife.
