Dedicate Daf 26a to:



מעוברת חבירו ומינקת חבירו לא שותות ולא נוטלות כתובה דברי ר'
רבי
מאיר
2.
Rabbi Meir said that
a woman who was married when she was already
pregnant or nursing
(and was subsequently suspected of immorality) may not
drink
the Sotah water to prove her innocence (as she's not considered "his wife"). Therefore she must divorce without
collecting her Kesuba.

שהיה רבי מאיר אומר לא ישא אדם מעוברת חבירו ומינקת חבירו ואם נשא יוציא ולא יחזיר עולמית
A pregnant or nursing woman may not drink the Sotah water because
Rabbi Meir said that a pregnant or nursing woman may not marry, and if
she did marry, she must
divorce and
may never
remarry
her husband.

 
The Sages prohibited a woman to marry while pregnant or nursing (that is, within the first twenty four months). The reason is that if she'll become pregnant again, her milk will spoil, and as the second husband will not be interested to sponsor formula for the "old husband's" child, the child will starve.
 
Even though the mother is entitled to feed this child from her old husband's estate, she'll be too embarrassed to go to court over it, and the child will starve to death.
 
 
There is an argument regarding how strong is this decree:
 
1. The Sages said that while she must separate for those twenty four months (to avoid pregnancy), she may stay married and may continue to live together after the child is weaned or dies.
2. Rabbi Meir said that the Sages fined the couple, forcing them to divorce and never remarry.
 
 
וחכמים אומרים יוציא וכשיגיע זמנו לכנוס יכנוס
But the Sages said that
while they must separate, they may remarry when she gives birth or weans her child.

והרובא שנשא עקרה וזקינה ואין לו אשה ובנים מעיקרא לא שותה ולא נוטלת כתובה
3.
If a youngster marries a barren or old woman and has no other wife,
his wife would
not drink
the Sotah water
nor collect her Kesuba
(if suspected of immorality).

 
Since a man is commandment to have children, his marriage to a non - childbearing wife is considered illicit.
 
 
ר'
רבי
אלעזר אומר יכול הוא לישא אחרת ולפרות ולרבות הימנה
Rabbi Elazar said that
since the husband
can marry another
wife and
have children from her,
they are permitted to stay married, and therefore, the original wife may drink the Sotah water.

אבל המקנא לארוסתו ולשומרת יבם שלו ומשכנסה נסתרה או שותה או לא נוטלת כתובה
4.
If one warned his Arusa or one awaiting Yibum, and then married her, and then she was secluded,
she must
either drink
the Sotah waters
or
they must divorce
(but she doesn't receive her Kesuba
payment, as she was able to vindicate herself).

מעוברת ומינקת עצמו או שותה או לא נוטלת כתובתה
5.
A woman who was pregnant
from her current husband,
or was nursing
a child from the current husband
must either drink
the Sotah water
or
divorce,
and not collect her Kesuba
payment.

הרובא שנשא עקרה וזקינה ויש לו אשה ובנים או שותה או לא נוטלת כתובה
6. If
a youngster married an old
woman past childbearing age, or a barren
woman who can't give birth but
has children from a previous marriage, and the wife was suspected of immorality, she may
drink
the Sotah waters to prove her innocence or she loses
her Kesuba.

אשת ממזר לממזר ואשת נתין לנתין ואשת גר ועבד משוחרר ואיילונית או שותה או לא נוטלת כתובה
8.
A Mamzer who married
one permitted to her,
a Nasin who married
one permitted to her,
or the wife of a convert, freed slave, or an Ailonous
may all
drink
the Sotah waters to vindicate themselves
or
may divorce
without collecting their Kesuba
payment.

 
 
Case Drinks Bitter Water Collects Kesuba
An Arusa or one awaiting Yibum was warned and secluded before marriage No No
A pregnant or nursing woman who remarried (according to Rabbi Meir) No No
A youngster who marries a barren or old woman and has no other wife - "First Opinion" No No
A youngster who marries a barren or old woman and has no other wife - "Rabbi Elazar" Yes -
An Arusa or one awaiting Yibum was warned before marriage but was secluded after marriage Yes No
A youngster who marries a barren or old woman but already has children Yes No
A Mamzer or Nasin married to one permitted to them Yes No
 
 
The Gemara Asks:
קתני מיהא איילונית
But
the Braisa
includes an Ailonous
in the list of people who do drink!

 
Unlike the Gemara's conclusion above!
 
 
תיובתיה דרב נחמן
Is
this a disproof of Rav Nachman's
opinion?

The Gemara Answers:
אמר לך רב נחמן תנאי היא ואנא דאמרי כי האי תנא
Rav Nachman would answer that there is a Tannaic debate
if an Ailonous drinks,
and Rav Nachman
agrees
with a different Braisa:

דתניא
As a Braisa
teaches:

ר'
רבי
שמעון בן אלעזר אומר איילונית לא שותה ולא נוטלת כתובה
Rabbi Shimon ben Elazar said that an Ailonous
(who was suspected of immorality)
may not drink
the Sotah water to vindicate herself must divorce,
and may not collect her Kesuba
payment,

שנאמר ונקתה ונזרעה זרע
As
the verse says
"then she shall be cleared, and shall conceive seed."

מי שדרכה להזריע יצאתה זו שאין דרכה להזריע
The only one who may drink the Sotah water is
one who can beer seed, and
not an Ailonous
who cannot bear seed.

 
This Braisa clearly says that an Ailonous is not given the opportunity to vindicate herself.
 
 
The Gemara Asks:
ורבנן האי ונקתה ונזרעה זרע מאי עבדי ליה
And how do the Sages
(who say that an Ailonous may drink the Sotah waters)
interpret
the verse
"then she shall be cleared, and shall conceive seed?"

The Gemara Answers:
מיבעי להו לכדתניא
The way the following Braisa teaches:

ונקתה ונזרעה
זרע
שאם היתה עקרה נפקדת דברי ר' עקיבא
Rabbi Akiva said that "then she shall be cleared, and shall conceive seed"
teaches
that
as a consolation for an innocent Sotah, if she
was barren, she'll have children.

אמר לו ר'
רבי
ישמעאל אם כן יסתרו כל העקרות ויפקדו וזו הואיל ולא נסתרה הפסידה
Rabbi Yishmael countered
that this promise would be unjust, for why should a woman who illegally secluded herself with another man be rewarded with children?
All
immoral
barren women will seclude themselves
to be tested, found innocent, and have children,
while
the religious women
who did not seclude themselves will
not be rewarded?

אם כן מה תלמוד לומר ונקתה ונזרעה זרע
So what does
the verse
"then she shall be cleared, and shall conceive seed" teach?

The Gemara will cite four other blessings:
שאם היתה יולדת בצער יולדת בריוח
1.
If
until now she
gave birth in pain, now she'd give birth painlessly.

נקבות יולדת זכרים
2. If until now she gave birth
to females, she'd
start
to give birth to males.

קצרים יולדת ארוכים
3. If until now she would give birth to
short
children
, she'd give birth to tall
children.

שחורים יולדת לבנים
4. If until now she gave birth
to dark children,
she'd give birth to
light children.

 
Opinion What does "Then she shall be cleared, and shall conceive seed" teach?
Rabbi Shimon ben Elazar An Ailonous doesn't drink the Sotah water
Rabbi Akiva An innocent Sotah will give birth
Rabbi Yishmael An innocent Sotah will have nicer children
 
 
 
 
:אשת ממזר לממזר:
The wife of a Mamzer to a Mamzer

The Gemara Asks:
פשיטא
It's obvious
that the legal wife of a Mamzer should be permitted to drink?

 
If the only reason a regular woman who illicitly married a Mamzer doesn't drink the Sotah waters is because the marriage is illicit, why shouldn't a woman who's legally allowed to marry a Mamzer be permitted to drink the Sotah waters?
 
 
The Gemara Answers:
מהו דתימא אפושי פסולין לא ליפוש קא משמע לן
One could have thought that
Hashem would rather that they divorce, so as
not to create more
Mamzerim in the world.

 
As the descendants of a Mamzer are Mamzerim, perhaps the Torah would rather the couple divorce and not have children, so there would be less Mamzerim in the future generations.
 
 
 
 
:אשת גר ועבד משוחרר ואיילונית:
The wife of a convert, freed servant, and an Ailonous

The Gemara Asks:
פשיטא
It's obvious
that the wife of these drink!

 
They are allowed to get married, so why shouldn't their wives be permitted to drink the Sotah waters?
 
 
The Gemara Answers:
מהו דתימא דבר אל בני ישראל
I would have thought that since
the verse begins the discussion of the Sotah with the words
"Speak to the children of Israel",

ולא גרים קמ"ל
קא משמע לן
Perhaps
converts
should be excluded.

 
So the Mishna says that this is not the correct interpretation.
 
 
So the Gemara asks why not:
ואימא הכי נמי
Perhaps it is so
(and they shouldn't drink)?

The Gemara Answers:
ואמרת רבויא הוא
The word
"and say to them" includes
not - native born Jews.

 
 
 
 
:אשת כהן שותה כו':
The wife of a Kohen drinks

The Gemara Asks:
פשיטא
It's obvious.
Why would one think that the wife of a Kohen should
not
be permitted to drink the Sotah water?

The Gemara Asks:
מהו דתימא והיא לא נתפשה אסורה
I would have thought
that since the verse says about the Sotah
that if she was not forced
to have illicit relations,
she would be forbidden
to stay married to her husband,

הא נתפשה מותרת
Which implies that
had she been forced, she would be permitted
to stay married.

 
(As the Gemara discusses above).
 
So this verse implies that the Sotah laws apply only to those who would be permitted if their immorality was "forced" - And not the wife of a Kohen.
 
 
וזו הואיל ונתפשה אסורה אימא לא תשתה קא משמע לן
But
the wife of a Kohen
is forbidden
to her husband
even had she been forced
to have illicit relations,
so perhaps
the Sotah waters wouldn't be effective at checking her?

 
So the Braisa has to say that despite this logic, the wife of a Kohen may drink the Sotah waters.
 
 
 
:ומותרת לבעלה:
And is permitted to stay married to her husband.

The Gemara Asks:
פשיטא
It's obvious
that if the Sotah stayed alive it is a sign that she's innocent, and may stay married. Why does the Mishna have to teach this explicitly?

The Gemara Answers:
אמר רב הונא במתנוונה
Rav Huna said
that the novel case is that even if the Sotah
started disintegrating,
she may stay married to her husband.

The Gemara Asks:
מתנוונה הא בדקוה מיא
But is she permitted to stay married
if she's starting to disintegrate?
This is a symptom that
the water checked her
and she was found guilty!

 
As Rebbi says that a Sotah who has good deeds starts to disintegrate right after drinking the Sotah water.
 
 
The Gemara Answers:
במתנוונה דרך אברים
The Mishna permits a Kohen to stay married to his wife even if she felt heavy in her
other limbs,

מהו דתימא הא זנויי זנאי והא דלא בדקוה מיא כי אורחיה משום דבאונס זנאי
I would have thought that
the reason she's heavy in the other limbs was because she really had illicit
relations, but the water didn't check her in the regular manner
(by killing her)
because she was forced
to have relations.

 
Even though her sin was against her will, and she isn't punished for it, perhaps it is still effective to make her limbs heavy.
 
 
ולגבי כהן אסירא
So
despite being permitted to a normal Jew,
she
should
still forbidden to a Kohen
(who is not permitted to stay married to one who had relations, even if they were against her will.)

קא משמע לן
This teaching
informs us that
this interpretation is not correct, and she is in fact permitted to stay married to her Kohen husband.

 
 
 
 
:אשת סריס שותה:
The wife of an eunuch drinks.

The Gemara Asks:
פשיטא
Obviously
she drinks!

The Gemara Answers:
מהו דתימא מבלעדי אישך אמר רחמנא והאי לאו בר הכי הוא קא משמע לן
This law is not so obvious, as one
could have thought that since the verse says "besides your husband,"
it teaches that the Sotah water only checks the wife of one who can have relations, and since an eunuch
is incapable
of intimacy, the waters shouldn't check her.

 
 
 
 
:על ידי כל עריות מקנין:
One can warn on any illicit relations:

The Gemara Asks:
פשיטא
This is obvious.






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