Dedicate Daf 24b to:



שעמום
Confused
man.

The Gemara Asks:
ורבי יאשיה האי תחת אישה מאי עביד ליה
How does
Rabbi Yoshia
interpret the second verse
"being under your husband"?

The Gemara Answers:
מיבעי ליה להקיש איש לאשה ואשה לאיש
He says that there's a
Hekesh between
the close
These will be listed on 27a
requirements
the husband
must possess to make his wife drink the Sotah waters to that of
his wife
and vice versa.

 
 
Opinion "Being Under Your Husband" The Gezeira Shava of "Man" The Second "Under Your Husband"
Rabbi Yonasan Excludes one who awaits Yibum from drinking the Sotah water. The court will warn the wife of a deaf-mute , insane, and confused man -
Rabbi Yoshia Excludes an Arusa from drinking the Sotah water. One awaiting Yibum may drink the Sotah waters Hekesh between the requirements the husband must possess to make his wife drink the Sotah waters to that of his wife.
 
 
The Gemara asks why does the Braisa need a verse to prove that an Arusa may not drink the Sotah waters:
אלא טעמא דכתיבי הני קראי הא לאו הכי הוה אמינא ארוסה שתיא
Is the reason an Arusa may not be tested
the
above
verses? Could one have thought that
an Arusa
does drink
the Sotah water?

 
But there is another reason why she should be forbidden to drink!
 
 
והא כי אתא רבי אחא בר חנינא מדרומא אתא ואייתי מתניתא בידיה
But when Rabbi Acha bar Chanina came from the south
of Israel, he
brought a
relevant
Tannaic teaching:

מבלעדי אישך
The verse says "and some man have lain with you
besides your husband"

משקדמה שכיבת בעל לבועל ולא שקדמה שכיבת בועל לבעל
Which teaches that the Sotah waters are effective only
when the husband
was intimate with his wife
before the adulterer
was.

 
And the Arusa should not be subject to the Sotah water test, as she didn't have relations yet (one isn't allowed to have relations before one's marriage is consummated).
 
 
The Gemara Answers:
אמר רמי בר חמא משכחת לה כגון שבא עליה ארוס בבית אביה
Rami bar Chama said
an Arusa could have had illicit relations with her husband before the adulterer -
if her future husband
was intimate
with her in her father's house
before they consummated their wedding.

The Gemara Asks:
 
But the Gemara asks, assuming that the two cases of the Mishna (the Arusa and one awaiting Yibum) refer to the same scenario:
 
 
דכוותה גבי שומרת יבם כגון שבא עליה יבם בבית חמיה
But that can't be the type of Arusa the Mishna refers to, for the parallel case of
a woman awaiting Yibum
cannot refer to one who's
Yavam
was intimate
with her in her father-in-law's house,

הא שומרת יבם קרית לה אשתו מעלייתא היא
As she would no longer be one
awaiting Yibum,
as the intimacy would make her into a full-fledged
wife.

 
As Biblically, there is no "marriage act" by Yibum, it's simply the husband being intimate with his wife.
 
This is especially problematic for Rav, who said:
 
 
דהאמר רב קנה לכל
As Rav said
that when one was intimate with a woman to who he must perform Yibum, he
completely acquired
her as a full-fledged wife
!

 
And she wouldn't be considered "Awaiting Yibum" anymore, as that act was Yibum itself!
 
 
כשמואל דאמר לא קנה אלא לדברים האמורים בפרשה
This supports
Shmuel, who said that
one who did not do a full Yibum
acquires
his Yevamah
only for those matters which are explicitly mentioned in
the Torah portion talking about the Yevamah.

 
And one awaiting Yibum is considered only partially married to her Yavam after non - marital (they were intimate not for the sake of marriage) intimacy:
 
1. If they divorce, they use a Get rather than Chalitza.
2. The brother - in - law inherits his deceased brother's entire estate.
 
However, she is still called "one awaiting Yibum" because there are laws which consider her not fully married to her Yavam.
 
 
אי הכי לימא רב דאמר כרבי יאשיה ושמואל דאמר כרבי יונתן
This implies that Rav follows Rabbi Yoshia, and Shmuel follows Rabbi Yonasan?

 
Rabbi Yoshia reasons that one awaiting Yibum may be tested through the Sotah waters because the prior intimacy rendered her a full-fledged wife (like Rav), while Rabbi Yonasan reasons that one awaiting Yibum may not drink the Sotah waters because she was not rendered a full-fledged wife by prior intimacy (like Shmuel).
 
 
The Gemara Answers:
אמר לך רב אנא דאמרי אפילו לרבי יונתן מדאיצטריך קרא למעוטה מכלל דאשתו מעלייתא היא
Rav can respond
that he can agree with both Rabbi Yoshia and
Rabbi Yonasan, as from the fact that
according to Rabbi Yonasan,
a verse needs to exclude
a woman awaiting Yibum from the Sotah law,
one can imply
that in all other laws,
she's a full-fledged wife.






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Dedicated in loving memory of Leah Rivka Bas Reb Dovid HaKohen A"H.
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